Congressional Record - by okyestao


									                                                                                             Congressional Record
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                                                                                                                                                                     112 th CONGRESS, FIRST SESSION
                                                   United States
                                                    of America                                 PROCEEDINGS AND DEBATES OF THE

                                                Vol. 157                                                   WASHINGTON, TUESDAY, OCTOBER 11, 2011                                                                 No. 151

                                                                                          House of Representatives
                                                  The House met at noon and was                                          fallen 9.8 percent since the recession                 Act, we created 2.6 million jobs. A good
                                                called to order by the Speaker pro tem-                                  first began in 2007. More troubling, al-               start, but not enough.
                                                pore (Mrs. ROBY).                                                        though the overall economy has been                      But what were the Republicans doing
                                                                                     f                                   growing again, household incomes con-                  last year? They were trumpeting their
                                                                                                                         tinue to fall. Since December 2007,                    YouCut program. Perhaps if Democrats
                                                  DESIGNATION OF SPEAKER PRO                                             American households have lost more                     had named our efforts YouHire pro-
                                                              TEMPORE                                                    than $5,400 per average household.                     gram, Republicans might have taken
                                                  The SPEAKER pro tempore laid be-                                         There are several factors leading to                 more notice.
                                                fore the House the following commu-                                      this decline. One of the most signifi-                   Unfortunately, through fighting and
                                                nication from the Speaker:                                               cant is that in order to find work,                    threatening, delaying and denigrating,
                                                                       WASHINGTON, DC,                                   many millions of unemployed Ameri-                     Republicans have made clear that cut-
                                                                             October 11, 2011.                           cans are forced to accept lower pay.                   ting remains their top priority. Their
                                                  I hereby appoint the Honorable MARTHA                                  With millions of Americans still des-                  first bill introduced this year, H.R. 1,
                                                ROBY to act as Speaker pro tempore on this                               perately searching for jobs, businesses                wasn’t about jobs; it was all about
                                                day.                                                                     can afford to offer lower wages. With                  cuts. In fact, economists predicted it
                                                                      JOHN A. BOEHNER,                                   millions of American families slipping                 would cost 200,000 jobs.
                                                     Speaker of the House of Representatives.                            below the poverty line and wondering                     Surely their second bill was about
                                                                                     f                                   where the next mortgage payment or                     jobs? No. H.R. 2 tried to repeal impor-
                                                      MORNING-HOUR DEBATE                                                meal will come from, prospective work-                 tant health reforms so that people with
                                                                                                                         ers can’t afford not to take the pay                   preexisting conditions wouldn’t be pro-
                                                  The SPEAKER pro tempore. Pursu-                                        cut.                                                   tected; so that parents wouldn’t be able
                                                ant to the order of the House of Janu-                                     It’s clear we must pass the American                 to keep their kids on insurance, espe-
                                                ary 5, 2011, the Chair will now recog-                                   Jobs Act. This is a plan that reduces                  cially during tough times, through the
                                                nize Members from lists submitted by                                     business taxes to encourage private                    age of 26; so that the doughnut hole for
                                                the majority and minority leaders for                                    sector hiring and increases infrastruc-                our seniors could be closed and they
                                                morning-hour debate.                                                     ture investment to repair and rebuild                  could get a 50 percent brand name drug
                                                  The Chair will alternate recognition                                   America, creating jobs. And it cuts                    discount this year.
                                                between the parties, with each party                                     taxes for every working American.                        But if Republican voodoo really
                                                limited to 1 hour and each Member                                        While the lingering effects of the worst               worked, why isn’t our economy better?
                                                other than the majority and minority                                     recession in 80 years continue to drive                Why are American incomes still drop-
                                                leaders and the minority whip limited                                    down Americans’ income, we can in-                     ping? This entire year in place of ac-
                                                to 5 minutes each, but in no event shall                                 crease their take-home pay with the                    tual job creation legislation, Repub-
                                                debate continue beyond 1:50 p.m.                                         Americans Jobs Act, putting more                       licans have focused instead on ever-in-
                                                                                     f                                   money back in the pockets of average                   creasing cuts. And since the beginning
                                                                                                                         American families. Increasing Amer-                    of the year, the economy has faltered.
                                                   AMERICANS’ PRIORITY IS JOBS                                           ican paychecks and creating jobs—that                  Their single-minded focus on attacking
                                                  The SPEAKER pro tempore. The                                           ought to be our priority.                              private sector employees has paid off;
                                                Chair recognizes the gentleman from                                        But Republicans in Congress have a                   we’ve lost 535,000 public jobs all across
                                                Virginia (Mr. CONNOLLY) for 5 minutes.                                   different priority: cutting. Last Con-                 America. It’s time to invest in America
                                                  Mr. CONNOLLY of Virginia. Madam                                        gress, Republicans’ big marketing blitz                again. Let’s support the American jobs
                                                Speaker, ask Americans their priority,                                   wasn’t about creating jobs, it was                     bill.
                                                and they’ll tell you it’s jobs. There are                                about cutting. Last Congress, Demo-                                      f
                                                14 million Americans out of work.                                        crats passed business tax cuts to spur
                                                There are 9.3 million more Americans                                     job creation, approving infrastructure                        JUSTICE DEPARTMENT
                                                working part-time because they can’t                                     improvements to create construction                         CREDIBILITY IN QUESTION
                                                find full-time employment. There are                                     jobs and backstopping faltering State                    The SPEAKER pro tempore. The
                                                millions more Americans whose in-                                        and local education funding to save                    Chair recognizes the gentleman from
                                                comes have stagnated because of the                                      teaching jobs. And we saw results. The                 Texas (Mr. POE) for 5 minutes.
                                                persistent unemployment which has                                        Great Recession resulted in 8 million                    Mr. POE of Texas. Madam Speaker,
                                                dragged down economic growth. In                                         jobs lost. But thanks to our efforts,                  the United States Government has fa-
                                                fact, median household income has                                        like the Recovery Act and the HIRE                     cilitated smuggling automatic weapons
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                                                                   b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
                                                     Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.



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                                                H6678                                              CONGRESSIONAL RECORD — HOUSE                                                    October 11, 2011
                                                into Mexico, weapons that were pur-                     partment should investigate the Jus-                      So, learning from past experience, we
                                                chased by straw buyers in the United                    tice Department and the ATF is ab-                     are now going to do exactly the same
                                                States with the oversight of the ATF.                   surd. The Justice Department has no                    thing yet again. We are going to
                                                Approximately 2,000 weapons were                        credibility on this matter, and what-                  adopt—I can predict the future. The
                                                knowingly sent to our neighbors in                      ever their investigation shows, the                    Republicans will all vote for it and a
                                                Mexico by our government. Most of                       American public cannot trust its trust-                substantial number of my colleagues, a
                                                them are still unaccounted for. But we                  worthiness. Having the Justice Depart-                 minority of Democrats, but they’ll sign
                                                do understand that those weapons                        ment investigate Fast and Furious, the                 on too, to this false promise of job cre-
                                                probably have been used illegally in                    ATF, and the Justice Department is                     ation under the guise of free trade.
                                                Mexico to kill Mexican nationals. How                   like having Al Capone investigate                         According to the Economic Policy In-
                                                many, no one knows.                                     bootlegging. The President should ap-                  stitute, for starters, the Korea Free
                                                  Two of those automatic weapons                        point a special counsel to investigate                 Trade Agreement will cost us 160,000
                                                have turned up at the murder scene in                   this operation of government gun run-                  jobs. Bye-bye to the last vestiges of the
                                                Arizona of Border Patrol agent Brian                    ning to Mexico.                                        auto parts industry. They have little
                                                Terry. And one weapon apparently was                      And that’s just the way it is.                       provisions, like 35 percent Korean con-
                                                used to gun down U.S. agent Jaime Za-                                     f                                    tent requirement, which means they
                                                pata in Mexico.                                                                                                can source all their stuff from China,
                                                  The Mexican government has taken                                             b 1210                          or maybe even better, North Korea,
                                                to the airwaves complaining of the U.S.                    TRADE POLICY THAT CREATES                           where they use slave labor. It will be
                                                smuggling operation. Mexican officials                             JOBS IN AMERICA                             really cheap. And we’re going to ask
                                                want answers, and even want U.S. Gov-                                                                          our workers to compete with that.
                                                ernment officials responsible to be ex-                   The SPEAKER pro tempore. The                         There goes another industry.
                                                tradited to Mexico for trial. No wonder.                Chair recognizes the gentleman from                       Now, Colombia and Panama. Well,
                                                  Madam Speaker, let me be clear:                       Oregon (Mr. DEFAZIO) for 5 minutes.                    EPI estimates they’re kind of dinky
                                                These weapons are not BB guns or .22                      Mr. DEFAZIO. Well, at last, it’s been                economies. That will only lose us about
                                                rifles; they are semiautomatic weapons                  a long year. The House this week is fi-                55,000 jobs to start. So, for starters,
                                                and also include sniper rifles. Sniper ri-              nally getting around to considering                    we’re creating a quarter of a million
                                                fles are used to assassinate specific tar-              legislation to create jobs. You have got               jobs overseas with more failed trade
                                                gets.                                                   to admit, their objective, and the                     policies.
                                                  The ATF and the Justice Department                    dream of Grover Norquist, of delivering                   There are other minor problems. Co-
                                                have stonewalled the release of infor-                  a government so small that you can                     lombia: they kill labor organizers. But,
                                                mation regarding this operation called                  drown it in a bathtub has kind of a de-                hey, they promised they won’t do that
                                                Fast and Furious, and the public’s not                  pressive effect on investment in the                   anymore.
                                                getting much data on this idiotic idea.                 economy.                                                  Panama: a huge haven for drug smug-
                                                Why would the U.S. Government send                        Cutting investment in education has                  glers, terrorist money, and others.
                                                automatic weapons to the drug cartels                   lost jobs; it hasn’t created jobs. Cut-                They launder money, but they prom-
                                                in Mexico? Mexico is at war with the                    ting investment in infrastructure—28                   ised the Obama administration, even
                                                drug cartels. The drug cartels are the                  percent unemployment in construc-                      though Bush said they could keep
                                                enemy of the Mexican people, not to                     tion, allied trades, small businesses                  doing it, they promised the Obama ad-
                                                mention they are the enemy of the                       that provide the work and the equip-                   ministration they won’t do it. They
                                                United States. This gun running issue                   ment, which are all private sector                     will no longer allow people to secret
                                                is nonsense.                                            jobs—is not too good. So their pursuit                 ill-gotten gains in Panama unless it’s
                                                  Now the Justice Department is sup-                    of these goals so far this year has had                in their national interest. That’s a lit-
                                                posed to investigate this operation,                    a bit of a depressive and negative effect              tle bit of a loophole.
                                                which includes investigating the ATF                    on the economy.                                           So these are a great deal for the
                                                and the Justice Department. The At-                       But to congratulate the Republican                   American people. How’s that? I don’t
                                                torney General, who’s head of the Jus-                  leaders, finally they’ve turned to cre-                know. Because the special Trade Rep-
                                                tice Department, at first said he didn’t                ating jobs this week. Three trade                      resentative’s    office,  unfortunately,
                                                know anything about this operation                      agreements. Now, these are kind of                     rather meekly and quietly, the Presi-
                                                until recently. Now it seems evidence                   musty, dusty trade agreements. They                    dent, and the Republican leadership
                                                shows he was given a memo last year                     were negotiated by the Bush adminis-                   say these are a good deal for the Amer-
                                                about the whole idea. Did he not read                   tration. Unfortunately, they have been                 ican people because, yes, they will ben-
                                                the memo? Granted, the Attorney Gen-                    adopted by the Obama administration.                   efit Wall Street and a few multi-
                                                eral has experience not reading impor-                  Nothing ever changes down at the                       national corporations. They’ll just cost
                                                tant documents, like the Arizona im-                    Trade     Representative’s    office.  It              another quarter of a million Americans
                                                migration law. You remember, Madam                      doesn’t matter who’s in charge—Ron-                    their jobs.
                                                Speaker, the Attorney General publicly                  ald Reagan, Bill Clinton, George Bush,                    It’s time to put an end to this cra-
                                                criticized the Arizona bill, and then he                Barack Obama. People in the Trade Of-                  ziness. I can hope—but it won’t hap-
                                                testified before the Judiciary Com-                     fice push the same policies. So these                  pen—that we can stop these trade
                                                mittee to a question I asked him that                   are job-creating trade agreements.                     agreements here this week on the floor
                                                he hadn’t even read that bill.                          Congratulations. We’re building upon                   and look for a new trade policy, a trade
                                                  Anyway, if he didn’t know about the                   the success of the past. NAFTA, great                  policy that creates and brings jobs
                                                smuggling operation, he should have;                    success. The WTO, great success. Job                   home to the United States of America.
                                                he’s in charge. And if he did know                      creation. Phenomenal job creation. The                 I thought that’s who we were here to
                                                about it and approved it, he should be                  only problem is the jobs are being cre-                represent.
                                                held accountable for this nonsense. I’m                 ated in foreign nations because of our                                   f
                                                not sure what the Attorney General’s                    failed trade policies in this country.
                                                claim of defense will be this week. It                  We are hemorrhaging jobs.                                 DO NOT ISSUE CONFEDERATE
                                                reminds me of my days on the bench as                     This is the record over a decade:                               LICENSE PLATES
                                                a judge in Texas when a defendant in a                    We lost 15 factories a day—15. Now,                    The SPEAKER pro tempore. The
                                                homicide case would say first, I wasn’t                 some of them were kind of small, local                 Chair recognizes the gentlewoman from
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                                                there. And then he would say, well, if I                small businesses, but Republicans love                 Texas (Ms. JACKSON LEE) for 5 minutes.
                                                was there, it wasn’t me. And if it was                  to talk about their advocacy for small                   Ms. JACKSON LEE of Texas. There
                                                me, I acted in self-defense. In other                   business. Fifteen a day for 10 years,                  are many times that we come to the
                                                words, don’t hold me accountable.                       that’s our current trade policy. So                    floor to address our current plight. I do
                                                  So just what is this Justice Depart-                  what else? Well, that figures out to                   wish to say to the American people
                                                ment’s defense to all of this? We shall                 about 1,370 manufacturing jobs a day                   that we’re well aware of the impor-
                                                see. But the idea that the Justice De-                  over the last decade.                                  tance of jobs and the focus of creating

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                   H6679
                                                those jobs, and I would offer to you                    eracy, the taking away of the ‘‘Rebel’’                this past long weekend in their home
                                                that most economists will say that job                  name for the University of Texas. Why?                 districts be blessed with peace and an
                                                creation is a public and private part-                  Because they believe in moving Amer-                   assurance that they have been listened
                                                nership. That is a very important                       ica forward and focusing on such things                to.
                                                issue.                                                  as bringing our troops home and hon-                     We ask Your blessing now on the
                                                  I rise today, however, as, again, those               oring them, focusing on such things as                 Members of this House, whose responsi-
                                                who seek the Republican nomination                      creating jobs. And how heinous would                   bility lies also beyond the local inter-
                                                for the Presidency of the United States                 it be for the State of Texas, one of the               ests of constituents while honoring
                                                will come before the American people                    largest States in the Nation, to have                  them. Give each Member the wisdom to
                                                this evening. They will present a num-                  its young men who are of African                       represent both local and national inter-
                                                ber of issues. This time it will be jobs.               American heritage on the front lines of                ests, a responsibility calling for the
                                                I hope they will present themselves in                  Iraq and Afghanistan to come home                      wisdom of Solomon. Grant them, if
                                                a manner that acknowledges that any-                    and have to look at a Confederate li-                  You will, a double portion of such wis-
                                                one who has the privilege of serving                    cense plate.                                           dom.
                                                serves on behalf of the American peo-                                                                            Bless us this day and every day, and
                                                                                                                         b 1220
                                                ple. And the American people come                                                                              may all that is done within the peo-
                                                from all backgrounds, and I respect                       This is not free speech. This is not                 ple’s House this day be for Your great-
                                                that.                                                   freedom of speech. Because anyone who                  er honor and glory.
                                                  In particular, I’m going to ask the                   desires to promote that particular life                  Amen.
                                                Governor of the State of Texas, in his                  and legacy, they are so allowed to do
                                                good vices and his beliefs in the equal-                so. They may print anything in the pri-
                                                ity of all, to reflect upon a decision                  vacy of their home, wear anything, put                             THE JOURNAL
                                                that is about to be made in the State of                anything on their front yard, their                      The SPEAKER pro tempore. The
                                                Texas, and that is a decision in 2011 to                back yard, but not a State-issued plate                Chair has examined the Journal of the
                                                issue a Confederate license plate. Con-                 with Texas dollars embedded inside of                  last day’s proceedings and announces
                                                federate—the same group of individuals                  that particular symbol. America is                     to the House her approval thereof.
                                                who opted to secede from the Union.                     greater than that.                                       Pursuant to clause 1, rule I, the Jour-
                                                  I am here as someone who applauds                       I love this country. All of us are pa-               nal stands approved.
                                                and appreciates the sacrifice that any                  triots because we love this Nation no
                                                person in uniform makes. I will not                     matter what side of the aisle. And I                                     f
                                                step away from the idea that much                       might remind you, Madam Speaker,                            PLEDGE OF ALLEGIANCE
                                                blood was shed in the Civil War. But                    that a Republican state senator—I
                                                                                                                                                                 The SPEAKER pro tempore. Will the
                                                what I am offering to say is that in 2011               want to thank him—has indicated that
                                                                                                                                                               gentleman from Massachusetts (Mr.
                                                it would be a disgrace, it would be out-                we should not have this kind of symbol
                                                                                                                                                               MARKEY) come forward and lead the
                                                rageous, to uplift the Confederacy on a                 in Texas.
                                                                                                                                                               House in the Pledge of Allegiance.
                                                license plate in the State of Texas. Let                  I beg you, Mr. Perry, tonight to
                                                                                                                                                                 Mr. MARKEY led the Pledge of Alle-
                                                me tell you why.                                        speak to your higher angels and talk
                                                  First of all, one of the most heinous                                                                        giance as follows:
                                                                                                        about bringing us together. Do not
                                                tragedies of this great country’s his-                                                                           I pledge allegiance to the Flag of the
                                                                                                        issue a confederate license plate in the
                                                                                                                                                               United States of America, and to the Repub-
                                                tory was the holding of slaves. More                    State of Texas for God’s sake. And God                 lic for which it stands, one nation under God,
                                                importantly, millions of slaves des-                    bless America.                                         indivisible, with liberty and justice for all.
                                                tined for the United States and the                      ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
                                                Americas died in that dark passage be-                                                                                           f
                                                                                                          The SPEAKER pro tempore. Mem-
                                                fore they even got to this soil. The bru-               bers are reminded to direct their re-                      COMMUNICATION FROM THE
                                                tality of slavery is without doubt and                  marks to the Chair.                                           CLERK OF THE HOUSE
                                                without question. The State of Texas
                                                                                                                          f                                      The SPEAKER pro tempore laid be-
                                                continued slavery for 2 years longer
                                                                                                                                                               fore the House the following commu-
                                                than any other place in the United                                      RECESS
                                                                                                                                                               nication from the Clerk of the House of
                                                States because we did not get notice                      The SPEAKER pro tempore. Pursu-                      Representatives:
                                                for 2 years after President Lincoln de-                 ant to clause 12(a) of rule I, the Chair                               OFFICE OF THE CLERK,
                                                clared the Emancipation Proclama-                       declares the House in recess until 2                                HOUSE OF REPRESENTATIVES,
                                                tion. Who wants to ignite and remind                    p.m. today.                                                          Washington, DC, October 7, 2011.
                                                you of that kind of devastating his-                      Accordingly (at 12 o’clock and 21                    Hon. JOHN A. BOEHNER,
                                                tory?                                                   minutes p.m.), the House stood in re-                  The Speaker, House of Representatives,
                                                  And so, as the Texas Motor Vehicle                    cess until 2 p.m.                                      Washington, DC.
                                                Department makes a decision, I beg of                                                                            DEAR MR. SPEAKER: Pursuant to the per-
                                                their members to recognize that this is                                   f                                    mission granted in clause 2(h) of rule II of
                                                not a uniting action but a dividing ac-                                        b 1400                          the Rules of the U.S. House of Representa-
                                                tion, because the action will be a                                                                             tives, the Clerk received the following mes-
                                                                                                                   AFTER RECESS                                sage from the Secretary of the Senate on Oc-
                                                State-issued plate that would affirm
                                                                                                                                                               tober 7, 2011 at 12:10 p.m.:
                                                the brutality against African Ameri-                      The recess having expired, the House
                                                                                                                                                                 That the Senate passed with an amend-
                                                cans, against slaves, against the ances-                was called to order by the Speaker pro                 ment H.R. 2944.
                                                tors who paid with their life to build                  tempore (Mrs. ROBY) at 2 p.m.                            That the Senate passed S. 1639.
                                                this country. There was no debt ever                                      f                                      With best wishes, I am
                                                paid for the 400 years of slavery, for the                                                                           Sincerely,
                                                dividing of families, the brutality                                    PRAYER                                                               KAREN L. HAAS.
                                                against children, the hanging and bru-                    The Chaplain, the Reverend Patrick                                     f
                                                tality that continued even into Jim                     J. Conroy, offered the following prayer:
                                                Crow.                                                     Eternal God, we give You thanks for                  JOB CREATION STARTS WITH LOW
                                                  And as we look to the honoring of the                 giving us another day.                                    TAXES, NOT CLASS WARFARE
                                                monument of Dr. Martin Luther King                        On this day we ask Your blessing on                    (Ms. FOXX asked and was given per-
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                                                this coming week, I beg of my fellow                    the men and women, citizens all, whose                 mission to address the House for 1
                                                Texans on this board to recognize that                  votes have populated this people’s                     minute.)
                                                this is a national issue. It is a national              House. Each Member of this House has                     Ms. FOXX. Madam Speaker, Presi-
                                                issue of prominence because to issue a                  been given the sacred duty of rep-                     dent Obama and his liberal allies in the
                                                Confederate license plate is to go and                  resenting them.                                        Senate are at it again. After proposing
                                                do what many States have undone—the                       O Lord, we pray that those with                      a new $447 billion stimulus bill last
                                                removing of the symbols of the Confed-                  whom our Representatives met during                    month, the President has seen the bill

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                                                H6680                                              CONGRESSIONAL RECORD — HOUSE                                                       October 11, 2011
                                                languish in the Democrat-controlled                     troduced the Workforce Democracy and                     The SPEAKER pro tempore. Is there
                                                Senate. Why? Because there are some,                    Fairness Act. This act is a direct re-                 objection to the request of the gen-
                                                even in his own party, who know that                    sponse to the National Labor Relations                 tleman from Florida?
                                                more government spending and job-                       Board’s recent reckless action to rush                   There was no objection.
                                                killing tax hikes are not going to get                  union elections. The NLRB is again                                       f
                                                our economy moving again.                               showing favoritism toward union
                                                                                                        bosses at the expense of rights of work-               ANNOUNCEMENT BY THE SPEAKER
                                                  But the Senate majority leader has
                                                                                                        ers and employers.                                                 PRO TEMPORE
                                                come to the rescue with another new
                                                class warfare proposal. That’s right; he                  As an original cosponsor of this legis-                The SPEAKER pro tempore. Pursu-
                                                wants a permanent tax increase on                       lation, I am grateful to stand up                      ant to clause 8 of rule XX, the Chair
                                                small businesses and job creators to                    against the powerful unions and their                  will postpone further proceedings
                                                pay for a temporary stimulus program.                   leaders. This legislation ensures em-                  today on motions to suspend the rules
                                                Oh, goody. Long-term, job-destroying                    ployers, small businesses, are able to                 on which a recorded vote or the yeas
                                                tax increases to finance another short-                 participate in a fair union election                   and nays are ordered, or on which the
                                                term government spending program.                       process. It helps workers make an in-                  vote incurs objection under clause 6 of
                                                  How about we focus on creating an                     formed choice. Best of all, it safeguards              rule XX.
                                                environment that encourages job cre-                    the privacy of workers.                                  Record votes on postponed questions
                                                ation by eliminating harmful govern-                      In Right-to-Work States, such as                     will be taken later.
                                                ment regulations that stifle hiring and                 South Carolina, workers are protected,                                   f
                                                by fixing our broken Tax Code without                   new well-paying jobs are created, and
                                                                                                        votes of all citizens are respected. This                                 b 1410
                                                raising taxes?
                                                                                                        legislation prevents NLRB from lim-                        VETERANS OPPORTUNITY TO
                                                                                                        iting such freedoms in the workplace.                            WORK ACT OF 2011
                                                     URGING CUTS IN NUCLEAR                               In conclusion, God bless our troops,
                                                                                                                                                                 Mr. MILLER of Florida. Madam
                                                         WEAPONS PROGRAMS                               and we will never forget September the
                                                                                                                                                               Speaker, I move to suspend the rules
                                                  (Mr. MARKEY asked and was given                       11th in the global war on terrorism.
                                                                                                                                                               and pass the bill (H.R. 2433) to amend
                                                permission to address the House for 1                                     f                                    title 38, United States Code, to make
                                                minute.)                                                  HONORING THE UNIVERSITY OF                           certain improvements in the laws re-
                                                  Mr. MARKEY. The ‘‘Occupy Wall                                MIAMI’S HIGH RANKING                            lating to the employment and training
                                                Street’’ protests have spread from New                                                                         of veterans, and for other purposes, as
                                                                                                          (Ms. ROS-LEHTINEN asked and was
                                                York to cities across America. As the                                                                          amended.
                                                                                                        given permission to address the House
                                                protests expand, people are asking,                                                                              The Clerk read the title of the bill.
                                                                                                        for 1 minute and to revise and extend
                                                Why? Why are thousands of Americans                                                                              The text of the bill is as follows:
                                                                                                        her remarks.)
                                                in the streets? Because Americans are                     Ms. ROS-LEHTINEN. Madam Speak-                                           H.R. 2433
                                                fed up.                                                 er, I rise today to pay tribute to the                   Be it enacted by the Senate and House of Rep-
                                                  Ninety-nine percent of the people are                 University of Miami for being named as                 resentatives of the United States of America in
                                                100 percent fed up. They are fed up with                the country’s 38th best university in                  Congress assembled,
                                                a system that puts profit over people,                  U.S. News and World Report’s recent                    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
                                                that rewards the rich at the expense of                 rankings. The University of Miami is                     (a) SHORT TITLE.—This Act may be cited as
                                                everyone else. Let me give you an ex-                   the highest ranked school in the great                 the ‘‘Veterans Opportunity to Work Act of
                                                ample:                                                                                                         2011’’.
                                                                                                        State of Florida, and it has moved up
                                                  The government plans to spend $700                                                                             (b) TABLE OF CONTENTS.—The table of con-
                                                                                                        nine spots since last year and 29 over                 tents for this Act is as follows:
                                                billion on new nuclear weapons sys-                     the last decade, making it one of the
                                                tems over the next 10 years, even as                                                                           Sec. 1. Short title; table of contents.
                                                                                                        fastest rising institutions. The univer-
                                                it’s proposing to cut research for Alz-                                                                             TITLE I—RETRAINING VETERANS
                                                                                                        sity’s ascent in the rankings is attrib-
                                                heimer’s, for cancer research, for a dia-               uted to a marked improvement in key                    Sec. 101. Veterans retraining assistance pro-
                                                betes cure, to take care of Medicare                                                                                         gram.
                                                                                                        areas such as graduation rates, fresh-
                                                and Medicaid patients across our coun-                  men retention rates, and average SAT                    TITLE II—IMPROVING THE TRANSITION
                                                try.                                                                                                                      ASSISTANCE PROGRAM
                                                                                                        scores of entering freshmen.
                                                  The American people are not afraid                      I earned a doctorate in education                    Sec. 201. Transition     Assistance   Program
                                                that their family is going to get killed                from the University of Miami, so I take                              contracting.
                                                by a new nuclear weapon. They’re                                                                               Sec. 202. Mandatory participation in Transi-
                                                                                                        special pride in this high ranking. I ask
                                                                                                                                                                             tion Assistance Program.
                                                afraid that the killing that comes into                 my colleagues to join me in congratu-                  Sec. 203. Report on Transition Assistance
                                                their life comes from the terrorist that                lating the university; its president,                                Program.
                                                is the phone call from a doctor in the                  Donna Shalala; and the incredible fac-                 Sec. 204. Transition     Assistance   Program
                                                middle of the night that another mem-                   ulty, staff, and student body. This is an                            outcomes.
                                                ber of their family has cancer, has dia-                honor for the ‘‘U’’ and for the entire                 Sec. 205. Comptroller General review.
                                                betes, has Alzheimer’s, has Parkin-                     State of Florida.                                      TITLE III—IMPROVING THE TRANSITION
                                                son’s.                                                    Go Canes.                                              OF VETERANS TO CIVILIAN EMPLOY-
                                                  That’s the priority that we have to                                     f                                      MENT
                                                establish for our country. That’s why                                                                          Sec. 301. Reauthorization and improvement
                                                65 of my colleagues are going to intro-                 AUTHORIZING THE SPEAKER TO                                           of demonstration project on
                                                duce this effort to cut $200 billion out                  DECLARE A RECESS ON THURS-                                         credentialing and licensure of
                                                of the nuclear weapons program over                       DAY, OCTOBER 13, 2011, FOR THE                                     veterans.
                                                the next 10 years.                                        PURPOSE       OF     RECEIVING      IN               Sec. 302. Inclusion of performance measures
                                                                                                          JOINT      MEETING      HIS    EXCEL-                              in annual report on veteran job
                                                                 f                                                                                                           counseling, training, and place-
                                                                                                          LENCY LEE MYUNG-BAK, PRESI-
                                                HOUSE REPUBLICANS CONTINUE                                DENT OF THE REPUBLIC OF                                            ment programs of the Depart-
                                                                                                                                                                             ment of Labor.
                                                  TO LEAD THE WAY ON CRE-                                 KOREA                                                Sec. 303. Clarification of priority of service
                                                  ATING JOBS                                              Mr. MILLER of Florida. Madam                                       for veterans in Department of
                                                  (Mr. WILSON of South Carolina                         Speaker, I ask unanimous consent that                                Labor job training programs.
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                                                asked and was given permission to ad-                   it may be in order at any time on                      Sec. 304. Evaluation of individuals receiving
                                                dress the House for 1 minute and to re-                 Thursday, October 13, 2011, for the                                  training at the National Vet-
                                                                                                                                                                             erans’ Employment and Train-
                                                vise and extend his remarks.)                           Speaker to declare a recess, subject to
                                                                                                                                                                             ing Services Institute.
                                                  Mr. WILSON of South Carolina.                         the call of the Chair, for the purpose of              Sec. 305. Requirements for full-time disabled
                                                Madam Speaker, last week, House Edu-                    receiving in joint meeting His Excel-                                veterans’ outreach program
                                                cation and Workforce Committee                          lency Lee Myung-bak, President of the                                specialists and local veterans’
                                                Chairman JOHN KLINE of Minnesota in-                    Republic of Korea.                                                   employment representatives.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                    H6681
                                                Sec. 306. Report on findings of the Depart-               (e) ELIGIBILITY.—For purposes of this sec-             (b) DEADLINE FOR IMPLEMENTATION.—The
                                                             ment of Defense and Depart-                tion, an eligible veteran is a veteran who—            Secretary of Labor shall enter into the con-
                                                             ment of Labor credentialing                  (1) is at least 35 years of age but not more         tract required by section 4113 of title 38,
                                                             work group.                                than 60 years of age;                                  United States Code, as added by subsection
                                                TITLE IV—IMPROVEMENTS TO UNI-                             (2) was last discharged from active duty             (a), by not later than 24 months after the
                                                 FORMED SERVICES EMPLOYMENT AND                         service in the Armed Forces with an honor-             date of the enactment of this Act.
                                                 REEMPLOYMENT RIGHTS                                    able discharge;                                        SEC. 202. MANDATORY PARTICIPATION IN TRAN-
                                                Sec. 401. Clarification of benefits of employ-            (3) as of the date of the submittal of the                       SITION ASSISTANCE PROGRAM.
                                                             ment covered under USERRA.                 application for assistance under this section,            Section 1144(c) of title 10, United States
                                                                                                        has been unemployed for a period of time de-           Code, is amended by striking ‘‘shall encour-
                                                        TITLE V—OTHER MATTERS
                                                                                                        termined by the Secretary, with special con-           age’’ and all that follows and inserting
                                                Sec. 501. Extension of certain expiring provi-          sideration given to veterans who have been             ‘‘shall encourage the participation of mem-
                                                             sions of law.                              unemployed for at least 26 continuous weeks;           bers of the armed forces in pay grades E-8
                                                Sec. 502. Department of Veterans Affairs                  (4) is not eligible to apply for educational         and above and O-6 and above who are eligible
                                                             housing loan guarantees for                assistance under chapter 30, 31, 33, or 35 of          for assistance under the program and shall
                                                             surviving spouses of certain to-           title 38, United States Code; and                      require the participation of all other mem-
                                                             tally disabled veterans.                     (5) by not later than October 1, 2013, sub-
                                                Sec. 503. Reimbursement rate for ambulance                                                                     bers of the armed forces who are eligible for
                                                                                                        mits to the Secretary of Labor an applica-             assistance under the program unless a docu-
                                                Sec. 504. Annual reports on Post-9/11 Edu-              tion containing such information and assur-            mented urgent operational requirement pre-
                                                             cational Assistance Program                ances as the Secretary may require.                    vents attendance or an individual service
                                                             and Survivors’ and Dependents’               (f) REPORT.—Not later than July 1, 2014,             member, with written approval of their com-
                                                             Educational Assistance Pro-                the Secretary of Labor and the Secretary of            mander, chooses to decline participation, in
                                                             gram.                                      Veterans Affairs shall jointly submit to the           writing, based on post-service employment
                                                Sec. 505. Limitation on amount authorized               Committees on Veterans’ Affairs of the Sen-            or acceptance to an education program. Such
                                                             to be appropriated for employee            ate and the House of Representatives a re-             documentation shall be included in the per-
                                                             travel, printing, and fleet vehi-          port on the retraining assistance provided             sonnel record of the member.’’.
                                                             cles.                                      under this section, including—                         SEC. 203. REPORT ON TRANSITION ASSISTANCE
                                                Sec. 506. Extension of reduced pension for                (1) the total number of—                                         PROGRAM.
                                                             certain veterans covered by                  (A) eligible veterans who participated;                Section 1144 of title 10, United States Code,
                                                             Medicaid plans for services fur-             (B) credit hours completed; and                      is amended by adding at the end the fol-
                                                             nished by nursing facilities.                (C) associates degrees or certificates               lowing new subsection:
                                                Sec. 507. Statutory Pay-As-You-Go-Act of                awarded (or other similar evidence of the                ‘‘(e) REPORTS AND AUDITS.—(1) Not later
                                                             2010.                                      completion of the program of education or              than January 30 of each year, the Secretary
                                                     TITLE I—RETRAINING VETERANS                        training earned); and                                  of Labor shall submit to the Committees on
                                                                                                          (2) data related to the employment status            Veterans’ Affairs of the Senate and House of
                                                SEC. 101. VETERANS RETRAINING ASSISTANCE
                                                                                                        of eligible veterans who participated.                 Representatives a report on the program es-
                                                                                                          (g) JOINT AGREEMENT.—The Secretary of                tablished under this section that includes
                                                  (a) PROGRAM AUTHORIZED.—
                                                                                                        Labor and the Secretary of Veterans Affairs            the number of members of the armed forces
                                                  (1) IN GENERAL.—In accordance with this
                                                                                                        shall enter into an agreement on carrying              eligible for assistance under the program
                                                section, during the period beginning on June
                                                                                                        out this section.                                      who participated in the program within 30,
                                                1, 2012, and ending on March 31, 2014, the Sec-
                                                                                                          (h) SOURCE OF FUNDS.—Payments under                  90, and 180 days of being separated from ac-
                                                retary of Labor shall provide for monthly
                                                                                                        this section shall be made from amounts ap-            tive duty, and the percentages of all such eli-
                                                payments of retraining assistance to eligible
                                                                                                        propriated to the readjustment benefits ac-            gible participants who participated within
                                                veterans. Payments of retraining assistance
                                                                                                        count of the Department of Veterans Affairs.           each such time period.
                                                under this section shall be made by the Sec-
                                                                                                          (i) TERMINATION OF AUTHORITY.—The au-                  ‘‘(2)(A) The Secretary of Labor shall enter
                                                retary of Labor through the Secretary of
                                                                                                        thority to make payments under this section            into a contract with an appropriate entity to
                                                Veterans Affairs.
                                                                                                        shall terminate on March 31, 2014.                     conduct an audit of the program established
                                                  (2) NUMBER OF ELIGIBLE VETERANS.—The
                                                number of eligible veterans who participate               TITLE II—IMPROVING THE TRANSITION                    under this section not less frequently than
                                                in the program may not exceed—                                      ASSISTANCE PROGRAM                         once every three years and to submit to the
                                                  (A) 45,000 during fiscal year 2012; and               SEC. 201. TRANSITION ASSISTANCE PROGRAM                Secretary of Defense, the Secretary of Labor,
                                                  (B) 55,000 during the period beginning Octo-                     CONTRACTING.                                the Secretary of Veterans Affairs, and the
                                                ber 1, 2012, and ending March 31, 2014.                   (a) TRANSITION ASSISTANCE PROGRAM CON-               Committees on Veterans’ Affairs of the Sen-
                                                  (b) RETRAINING ASSISTANCE.—Except as                  TRACTING.—                                             ate and House of Representatives a report
                                                provided by subsection (i), each veteran who              (1) IN GENERAL.—Section 4113 of title 38,            containing the results of each such audit.
                                                participates in the program established                 United States Code, is amended to read as                ‘‘(B)(i) Except as provided in clause (ii),
                                                under subsection (a)(1) shall be entitled to up         follows:                                               the Secretary of Labor shall enter into the
                                                to 12 months of retraining assistance, as de-                                                                  contract under subparagraph (A) with an ap-
                                                                                                        ‘‘§ 4113. Transition Assistance Program per-           propriate entity that is a small business con-
                                                termined by the Secretary of Labor. Such re-               sonnel
                                                training assistance may only be used by the                                                                    cern owned and controlled by veterans or a
                                                veteran to pursue a program of education (as               ‘‘(a) AUTHORITY TO CONTRACT.—In accord-             small business concern owned and controlled
                                                such term is defined in section 3452(b) of title        ance with section 1144 of title 10, the Sec-           by service-disabled veterans and that is in-
                                                38, United States Code) or training on a full-          retary shall enter into a contract with an ap-         cluded in the database of veteran-owned
                                                time basis that—                                        propriate private entity or entities to pro-           businesses maintained under subsection (f) of
                                                  (1) is approved under chapter 36 of such              vide the functions described in subsection (b)         section 8127 of title 38 and verified by the
                                                title;                                                  at all locations where the program described           Secretary pursuant to paragraph (4) of that
                                                  (2) is offered by a community college or              in such section is carried out.                        subsection.
                                                technical school;                                          ‘‘(b) FUNCTIONS.—Contractors under sub-               ‘‘(ii) If the Secretary of Labor is unable to
                                                  (3) leads to an associates degree or a cer-           section (a) shall provide to members of the            enter into the contract under subparagraph
                                                tificate (or other similar evidence of the              Armed Forces who are being separated from              (A) with a qualified business concern de-
                                                completion of the program of education or               active duty (and the spouses of such mem-              scribed in clause (i), the Secretary shall
                                                training); and                                          bers) the services described in section                enter into such contract with another quali-
                                                  (4) is designed to provide training for a             1144(a)(1) of title 10, including—                     fied appropriate entity.
                                                high-demand occupation, as determined by                   ‘‘(1) counseling;                                     ‘‘(C) The Secretary of Labor shall enter
                                                the Secretary of Labor.                                    ‘‘(2) assistance in identifying employment          into the contract under this paragraph using
                                                  (c) MONTHLY CERTIFICATION.—Each veteran               and training opportunities and help in ob-             funds made available for the State grant pro-
                                                who participates in the program established             taining such employment and training;                  gram authorized under section 4102A of title
                                                under subsection (a)(1) shall certify to the               ‘‘(3) other related information and services        38.’’.
                                                Secretary of Veterans Affairs the enrollment            under such section; and                                SEC. 204. TRANSITION ASSISTANCE PROGRAM
                                                of the veteran in a program of education de-               ‘‘(4) any other services that the Secretary                    OUTCOMES.
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                                                scribed in subsection (b) for each month in             determines are appropriate.’’.                           Section 1144 of title 10, United States Code,
                                                which the veteran participates in the pro-                 (2) CLERICAL AMENDMENT.—The table of                as amended by section 202 and 203, is further
                                                gram.                                                   sections at the beginning of chapter 41 of             amended by adding at the end the following
                                                  (d) AMOUNT OF ASSISTANCE.—The monthly                 title 38, United States Code, is amended by            new subsection:
                                                amount of the retraining assistance payable             striking the item relating to section 4113 and           ‘‘(f) PROGRAM OUTCOMES.—The Secretary of
                                                under this section is the amount in effect              inserting the following new item:                      Labor shall develop a method to assess the
                                                under section 3015(a)(1) of title 38, United            ‘‘4113. Transition Assistance Program per-             outcomes for individuals who participate in
                                                States Code.                                                            sonnel.’’.                             the program established under this section.

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                                                H6682                                              CONGRESSIONAL RECORD — HOUSE                                                       October 11, 2011
                                                The Secretary of Defense shall provide to the             ‘‘(A) the percentage of participants in pro-         SEC. 305. REQUIREMENTS FOR FULL-TIME DIS-
                                                Secretary of Labor any data on participation            grams under this chapter who are employed                         ABLED VETERANS’ OUTREACH PRO-
                                                in the program that is necessary for the Sec-                                                                             GRAM SPECIALISTS AND LOCAL VET-
                                                                                                        after the 180-day period following their com-
                                                                                                                                                                          ERANS’ EMPLOYMENT REPRESENTA-
                                                retary of Labor to develop such method.                 pletion of the program;                                           TIVES.
                                                Such method shall be designed to determine                ‘‘(B) the percentage of such participants
                                                the following outcomes:                                                                                          (a) DISABLED VETERANS’ OUTREACH PRO-
                                                                                                        who are employed after the one-year period
                                                                                                                                                               GRAM SPECIALISTS.—Section 4103A of title 38,
                                                  ‘‘(1) The length of the period during which           following their completion of the program;
                                                the individual was unemployed following the                                                                    United States Code, is amended by adding at
                                                                                                          ‘‘(C) the median earnings of such partici-
                                                individual’s separation from active duty.                                                                      the end the following new subsection:
                                                                                                        pants after the 180-day period following their
                                                  ‘‘(2) The beginning salary paid to the indi-                                                                   ‘‘(d) ADDITIONAL REQUIREMENT FOR FULL-
                                                                                                        completion of the program;
                                                vidual for the first job the individual ob-                                                                    TIME EMPLOYEES.—(1) A full-time disabled
                                                                                                          ‘‘(D) the median earnings of such partici-
                                                tained following such separation.                                                                              veterans’ outreach program specialist shall
                                                                                                        pants after the one-year period following
                                                  ‘‘(3) The number of months of school or                                                                      perform only duties related to meeting the
                                                                                                        their completion of the program; and
                                                other training the individual attended dur-                                                                    employment needs of eligible veterans, as de-
                                                                                                          ‘‘(E) the percentage of participants in such
                                                ing the first 12-month period following such                                                                   scribed in subsection (a), and shall not per-
                                                                                                        program who complete a certificate, degree,
                                                separation.’’.                                                                                                 form other non-veteran-related duties.
                                                                                                        diploma, licensure, or industry-recognized
                                                SEC. 205. COMPTROLLER GENERAL REVIEW.                                                                            ‘‘(2) The Secretary shall conduct regular
                                                                                                        credential while they are participating in
                                                  Not later than one year after the date of                                                                    audits to ensure compliance with paragraph
                                                                                                        the program or within one year of com-
                                                the enactment of this Act, the Comptroller                                                                     (1). If, on the basis of such an audit, the Sec-
                                                                                                        pleting the program.’’.
                                                General of the United States shall conduct a                                                                   retary determines that a State is not in com-
                                                                                                        SEC. 303. CLARIFICATION OF PRIORITY OF SERV-
                                                review of the Transition Assistance Program                                                                    pliance with paragraph (1), the Secretary
                                                                                                                    ICE FOR VETERANS IN DEPARTMENT
                                                under section 1144 of title 10, United States                       OF LABOR JOB TRAINING PRO-                 may reduce the amount of a grant made to
                                                Code, and submit to Congress a report on the                        GRAMS.                                     the State under section 4102A(b)(5) of this
                                                results of the review and any recommenda-                 Section 4215 of title 38, United States Code,        title.’’.
                                                tions of the Comptroller General for improv-            is amended—                                              (b) LOCAL VETERANS’ EMPLOYMENT REP-
                                                ing the program.                                          (1) in subsection (a)(3), by adding at the           RESENTATIVES.—Section 4104 of such title is
                                                 TITLE III—IMPROVING THE TRANSITION                     end the following: ‘‘Such priority includes            amended—
                                                OF VETERANS TO CIVILIAN EMPLOYMENT                      giving access to such services to a covered              (1) by redesignating subsection (e) as sub-
                                                SEC. 301. REAUTHORIZATION AND IMPROVEMENT               person before a non-covered person or, if re-          section (f); and
                                                            OF DEMONSTRATION PROJECT ON                 sources are limited, giving access to such               (2) by inserting after subsection (d) the fol-
                                                            CREDENTIALING AND LICENSURE                 services to a covered person instead of a non-         lowing new subsection (e):
                                                            OF VETERANS.                                covered person.’’; and                                   ‘‘(e) ADDITIONAL REQUIREMENTS FOR FULL-
                                                  Section 4114 of title 38, United States Code,           (2) by amending subsection (d) to read as            TIME EMPLOYEES.—(1) A full-time local vet-
                                                is amended—                                             follows:                                               erans’ employment representative shall per-
                                                  (1) in subsection (b)—                                  ‘‘(d) ADDITION TO ANNUAL REPORT.—(1) In              form only duties related to the employment,
                                                  (A) in paragraph (1), by striking ‘‘not less          the annual report required under section               training, and placement services under this
                                                than 10’’ and inserting ‘‘not less than 5 but           4107(c) of this title for the program year be-         chapter, and shall not perform other non-
                                                not more than 10’’; and                                 ginning in 2003 and each subsequent program            veteran-related duties.
                                                  (B) in paragraph (2), by striking ‘‘consult           year, the Secretary of Labor shall evaluate              ‘‘(2) The Secretary shall conduct regular
                                                with appropriate Federal, State, and indus-             whether covered persons are receiving pri-             audits to ensure compliance with paragraph
                                                try officials’’ and inserting ‘‘enter into a            ority of service and are being fully served by         (1). If, on the basis of such an audit, the Sec-
                                                contract with an appropriate entity rep-                qualified job training programs. Such eval-            retary determines that a State is not in com-
                                                resenting a coalition of State governors’’;             uation shall include—                                  pliance with paragraph (1), the Secretary
                                                  (2) in subsection (g)—                                  ‘‘(A) an analysis of the implementation of           may reduce the amount of a grant made to
                                                  (A) by striking ‘‘Veterans Benefits, Health           providing such priority at the local level;            the State under section 4102A(b)(5) of this
                                                Care, and Information Technology Act of                   ‘‘(B) whether the representation of vet-             title.’’.
                                                2006’’ and inserting the ‘‘Veterans Oppor-              erans in such programs is in proportion to             SEC. 306. REPORT ON FINDINGS OF THE DEPART-
                                                tunity to Work Act of 2011’’; and                       the incidence of representation of veterans                        MENT OF DEFENSE AND DEPART-
                                                  (B) by striking ‘‘September 30, 2009’’ and            in the labor market, including within groups                       MENT OF LABOR CREDENTIALING
                                                inserting ‘‘September 30, 2014’’;                                                                                          WORK GROUP.
                                                                                                        that the Secretary may designate for pri-
                                                  (3) in subsection (h)—                                ority under such programs, if any; and                   (a) IN GENERAL.—The Secretary of Defense
                                                  (A) by striking ‘‘utilizing unobligated                                                                      and the Secretary of Labor shall jointly
                                                                                                          ‘‘(C) performance measures, as determined
                                                funds’’ and inserting ‘‘using not more than                                                                    enter into a contract with a qualified organi-
                                                                                                        by the Secretary, to determine whether vet-
                                                $180,000 of the funds in each fiscal year’’; and                                                               zation or entity jointly selected by the Sec-
                                                                                                        erans are receiving priority of service and
                                                  (B) by inserting before the period at the                                                                    retaries to complete the study of 10 military
                                                                                                        are being fully served by qualified job train-
                                                end the following: ‘‘, to be derived from                                                                      occupational specialties already begun by
                                                                                                        ing programs.
                                                amounts otherwise made available to carry                                                                      the joint Department of Defense and Depart-
                                                                                                          ‘‘(2) The Secretary may not use the propor-
                                                out sections 4103A and 4104 of this title’’; and                                                               ment of Labor Credentialing Work Group to
                                                                                                        tion of representation of veterans described
                                                  (4) by adding at the end the following new                                                                   reduce barriers to certification and licensure
                                                                                                        in subparagraph (B) of paragraph (1) as the
                                                subsection:                                                                                                    for transitioning members of the Armed
                                                  ‘‘(i) REPORT TO CONGRESS.—Not later than              basis for determining under such paragraph
                                                                                                        whether veterans are receiving priority of             Forces and veterans. This study shall also
                                                30 days after the last day of a fiscal year dur-                                                               include an examination of current initia-
                                                ing which the demonstration project under               service and are being fully served by quali-
                                                                                                        fied job training programs.’’.                         tives, programs, and authority already es-
                                                this section is carried out, the Assistant Sec-                                                                tablished within the Department of Defense
                                                retary, in coordination with the entity with            SEC. 304. EVALUATION OF INDIVIDUALS RECEIV-
                                                                                                                    ING TRAINING AT THE NATIONAL               and the military services to promote
                                                which the Assistant Secretary enters into a                                                                    credentialing of members of the Armed
                                                                                                                    VETERANS’   EMPLOYMENT       AND
                                                contract under subsection (b)(2), shall sub-                        TRAINING SERVICES INSTITUTE.               Forces and identify best practices that can
                                                mit to the Committees on Veterans’ Affairs                                                                     be leveraged by all services to increase the
                                                                                                          (a) IN GENERAL.—Section 4109 of title 38,
                                                of the Senate and House of Representatives a                                                                   transferability of military education, train-
                                                                                                        United States Code, is amended by adding at
                                                report on the implementation of the dem-
                                                                                                        the end the following new subsection:                  ing, experience, and skills.
                                                onstration project during that fiscal year.’’.
                                                                                                          ‘‘(d) The Secretary shall require that each            (b) REPORT.—The contract described in
                                                SEC. 302. INCLUSION OF PERFORMANCE MEAS-
                                                            URES IN ANNUAL REPORT ON VET-               individual who receives training provided by           subsection (a) shall provide that upon com-
                                                            ERAN JOB COUNSELING, TRAINING,              the Institute, or its successor, is given a            pletion of the study described in such sub-
                                                            AND PLACEMENT PROGRAMS OF                   final examination to evaluate the individ-             section, the organization or entity with
                                                            THE DEPARTMENT OF LABOR.                    ual’s performance in receiving such training.          which the Secretary of Defense and the Sec-
                                                  Section 4107(c) of title 38, United States            Each such evaluation shall be designed to              retary of Labor entered into the contract
                                                Code, is amended—                                       provide the individual with a grade, which             shall submit to the Secretary of Defense and
                                                  (1) in paragraph (2), by striking ‘‘clause            shall be designated as either a passing grade          the Secretary of Labor a report setting forth
                                                (1)’’ and inserting ‘‘paragraph (1)’’;                  or a failing grade. The results of such final          the results of the study. The report shall in-
                                                  (2) in paragraph (5), by striking ‘‘and’’ at          examination shall be provided to the entity            clude—
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                                                the end;                                                that sponsored the individual who received               (1) a plan for leveraging existing successful
                                                  (3) in paragraph (6), by striking the period          the training.’’.                                       initiatives, programs, and authority to pro-
                                                and inserting ‘‘; and’’; and                              (b) EFFECTIVE DATE.—Subsection (d) of sec-           mote the credentialing of all members of the
                                                  (4) by adding at the end the following new            tion 4109 of title 38, United States Code, shall       Armed Forces; and
                                                paragraphs:                                             apply with respect to training provided by               (2) such information as the Secretaries
                                                  ‘‘(7) performance measures for the provi-             the National Veterans’ Employment and                  shall specify in the contract.
                                                sion of assistance under this chapter, includ-          Training Services Institute that begins on or            (c) SUBMITTAL TO CONGRESS.—Not later
                                                ing—                                                    after the date of the enactment of this Act.           than March 31, 2012, the Secretary of Defense

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                    H6683
                                                and the Secretary of Labor shall jointly sub-           five years from the date of such veteran’s             clude in each report submitted under this
                                                mit to Congress a report on the results of the          discharge or other release from active duty;           section—
                                                study described in subsection (a), together             or                                                        ‘‘(1) information concerning the level of
                                                with such comments on the report as the                   ‘‘(C) the veteran was a former prisoner of           utilization of educational assistance and of
                                                Secretaries jointly consider appropriate.               war who died after September 30, 1999, and             expenditures under this chapter and under
                                                TITLE    IV—IMPROVEMENTS           TO     UNI-          the disability was continuously rated totally          chapter 35 of this title;
                                                  FORMED SERVICES EMPLOYMENT AND                        disabling for a period of not less than one               ‘‘(2) the number of credit hours, certifi-
                                                  REEMPLOYMENT RIGHTS                                   year immediately preceding death.’’.                   cates, degrees, and other qualifications
                                                                                                          (b) EFFECTIVE DATE.—The amendment                    earned by beneficiaries under this chapter
                                                SEC. 401. CLARIFICATION OF BENEFITS OF EM-
                                                            PLOYMENT     COVERED    UNDER
                                                                                                        made by subsection (a) shall apply with re-            and under chapter 35 of this title during the
                                                            USERRA.                                     spect to a loan guaranteed after the date of           academic year covered by the report; and
                                                  Section 4303(2) of title 38, United States            the enactment of this Act.                                ‘‘(3) such recommendations for administra-
                                                                                                          (c) CLARIFICATION WITH RESPECT TO CER-               tive and legislative changes regarding the
                                                Code, is amended by inserting ‘‘the terms,
                                                                                                        TAIN FEES.—Fees shall be collected under               provision of educational assistance to mem-
                                                conditions, or privileges of employment, in-
                                                                                                        section 3729 of title 38, United States Code,          bers of the Armed Forces and veterans, and
                                                cluding’’ after ‘‘means’’.
                                                                                                        from a person described in paragraph (6) of            their dependents, as the Secretary considers
                                                        TITLE V—OTHER MATTERS                           subsection (b) of section 3701 of such title, as       appropriate.
                                                SEC. 501. EXTENSION OF CERTAIN EXPIRING                 added by subsection (a), in the same manner               ‘‘(d) TERMINATION.—No report shall be re-
                                                           PROVISIONS OF LAW.                           as such fees are collected from a person de-           quired under this section after January 1,
                                                  (a) ADJUSTABLE RATE MORTGAGES.—Sec-                   scribed in paragraph (2) of such subsection.           2021.’’.
                                                tion 3707(a) of such title is amended by strik-         SEC. 503. REIMBURSEMENT RATE FOR AMBU-                    (2) CLERICAL AMENDMENT.—The table of
                                                ing ‘‘2012’’ and inserting ‘‘2014’’.                               LANCE SERVICES.                             sections at the beginning of such chapter is
                                                   (b) HYBRID ADJUSTABLE RATE MORT-                       Section 111(b)(3) of title 38, United States         amended by inserting after the item relating
                                                GAGES.—Section 3707A(a) of such title is                Code, is amended by adding at the end the              to section 3324 the following new item:
                                                amended by striking ‘‘2012’’ and inserting              following new subparagraph:
                                                ‘‘2014’’.                                                 ‘‘(C) In the case of transportation of a per-        ‘‘3325. Reporting requirement.’’.
                                                   (c) POOL OF MORTGAGE LOANS.—Section                  son under subparagraph (B) by ambulance,                  (3) DEADLINE FOR SUBMITTAL OF FIRST RE-
                                                3720(h)(2) of title 38, United States Code, is          the Secretary may pay the provider of the              PORT.—The first reports required under sec-
                                                amended by striking ‘‘December 31, 2011’’ and           transportation the lesser of the actual                tion 3325 of title 38, United States Code, as
                                                inserting ‘‘December 31, 2016’’.                        charge for the transportation or the amount            added by paragraph (1), shall be submitted by
                                                   (d) LOAN FEES.—                                      determined by the fee schedule established             not later than November 1, 2012, and shall
                                                   (1) EXTENSION OF FEES.—Section 3729(b)(2)            under section 1834(l) of the Social Security           cover the 2011-2012 academic year.
                                                of such title is amended—                               Act (42 U.S.C. 1395(l)) unless the Secretary              (b) REPEAL OF REPORT ON ALL VOLUNTEER-
                                                   (A) in subparagraph (A)—                             has entered into a contract for that trans-            FORCE EDUCATIONAL ASSISTANCE PROGRAM.—
                                                   (i) in clause (iii), by striking ‘‘November          portation with the provider.’’.                           (1) IN GENERAL.—Chapter 30 of such title is
                                                18, 2011’’ and inserting ‘‘October 1, 2017’’; and       SEC. 504. ANNUAL REPORTS ON POST-9/11 EDU-             amended by striking section 3036.
                                                   (ii) in clause (iv), by striking ‘‘November                      CATIONAL ASSISTANCE PROGRAM                   (2) CLERICAL AMENDMENT.—The table of
                                                18, 2011’’ and inserting ‘‘October 1, 2017’’;                       AND SURVIVORS’ AND DEPENDENTS’             sections at the beginning of such chapter is
                                                   (B) in subparagraph (B)—                                         EDUCATIONAL ASSISTANCE PRO-                amended by striking the item relating to
                                                   (i) in clause (i), by striking ‘‘November 18,                    GRAM.                                      section 3036.
                                                2011’’ and inserting ‘‘October 1, 2017’’;                 (a) REPORTS REQUIRED.—                               SEC. 505. LIMITATION ON AMOUNT AUTHORIZED
                                                   (ii) by striking clauses (ii) and (iii) and re-        (1) IN GENERAL.—Subchapter III of chapter                        TO BE APPROPRIATED FOR EM-
                                                designating clause (iv) as clause (ii); and             33 of title 38, United States Code, is amended                     PLOYEE TRAVEL, PRINTING, AND
                                                   (iii) in clause (ii), as so redesignated, by         by adding at the end the following new sec-                        FLEET VEHICLES.
                                                striking ‘‘October 1, 2013’’ and inserting ‘‘Oc-        tion:                                                    The amount authorized to be appropriated
                                                tober 1, 2017’’;                                        ‘‘§ 3325. Reporting requirement                        for the Department of Veterans Affairs for
                                                   (C) in subparagraph (C)—                                ‘‘(a) IN GENERAL.—For each academic                 employee travel, printing, and fleet vehicles
                                                   (i) in clause (i), by striking ‘‘November 18,        year—                                                  for fiscal year 2012 shall not exceed
                                                2011’’ and inserting ‘‘October 1, 2017’’; and              ‘‘(1) the Secretary of Defense shall submit         $385,000,000.
                                                   (ii) in clause (ii), by striking ‘‘November          to Congress a report on the operation of the           SEC. 506. EXTENSION OF REDUCED PENSION FOR
                                                18, 2011’’ and inserting ‘‘October 1, 2017’’; and       program provided for in this chapter; and                          CERTAIN VETERANS COVERED BY
                                                                                                                                                                           MEDICAID PLANS FOR SERVICES
                                                   (D) in subparagraph (D)—                                ‘‘(2) the Secretary shall submit to Congress
                                                                                                                                                                           FURNISHED BY NURSING FACILI-
                                                   (i) in clause (i), by striking ‘‘November 18,        a report on the operation of the program pro-                      TIES.
                                                2011’’ and inserting ‘‘October 1, 2017’’; and           vided for in this chapter and the program
                                                                                                                                                                 Section 5503(d)(7) of title 38, United States
                                                   (ii) in clause (ii), by striking ‘‘November          provided for under chapter 35 of this title.
                                                                                                                                                               Code, is amended by striking ‘‘May 31, 2015’’
                                                18, 2011’’ and inserting ‘‘October 1, 2017’’.              ‘‘(b) CONTENTS OF SECRETARY OF DEFENSE
                                                                                                                                                               and inserting ‘‘May 31, 2016’’.
                                                   (2) EFFECTIVE DATE.—The amendments                   REPORTS.—The Secretary of Defense shall in-
                                                                                                        clude in each report submitted under this              SEC. 507. STATUTORY PAY-AS-YOU-GO-ACT OF
                                                made by paragraph (1) shall take effect on                                                                                2010.
                                                the later of—                                           section—
                                                                                                           ‘‘(1) information indicating—                         The budgetary effects of this Act, for the
                                                   (A) October 1, 2011; or
                                                                                                           ‘‘(A) the extent to which the benefit levels        purpose of complying with the Statutory
                                                   (B) the date of the enactment of this Act.
                                                                                                        provided under this chapter are adequate to            Pay-As-You-Go-Act of 2010, shall be deter-
                                                   (e) TEMPORARY ADJUSTMENT OF MAXIMUM
                                                                                                        achieve the purposes of inducing individuals           mined by reference to the latest statement
                                                HOME LOAN GUARANTY AMOUNT.—Section 501
                                                                                                        to enter and remain in the Armed Forces and            titled ‘‘Budgetary Effects of PAYGO Legisla-
                                                of the Veterans Benefits Improvement Act of
                                                                                                        of providing an adequate level of financial            tion’’ for this Act, submitted for printing in
                                                2008 (Public Law 110–389; 122 Stat. 4175; 38
                                                                                                        assistance to help meet the cost of pursuing           the Congressional Record by the Chairman of
                                                U.S.C. 3703 note) is amended by striking ‘‘De-
                                                                                                        a program of education;                                the House Budget Committee, provided that
                                                cember 31, 2011’’ and inserting ‘‘December 31,
                                                                                                           ‘‘(B) whether it is necessary for the pur-          such statement has been submitted prior to
                                                                                                        poses of maintaining adequate levels of well-          the vote on passage.
                                                SEC. 502. DEPARTMENT OF VETERANS AFFAIRS
                                                            HOUSING LOAN GUARANTEES FOR                 qualified active-duty personnel in the Armed             The SPEAKER pro tempore. Pursu-
                                                            SURVIVING SPOUSES OF CERTAIN                Forces to continue to offer the opportunity            ant to the rule, the gentleman from
                                                            TOTALLY DISABLED VETERANS.                  for educational assistance under this chapter          Florida (Mr. MILLER) and the gen-
                                                  (a) IN GENERAL.—Section 3701(b) of title 38,          to individuals who have not yet entered ac-            tleman from California (Mr. FILNER)
                                                United States Code, is amended by adding at             tive-duty service; and
                                                the end the following new paragraph:                                                                           each will control 20 minutes.
                                                                                                           ‘‘(C) describing the efforts under section
                                                  ‘‘(6) The term ‘veteran’ also includes, for           3323(b) of this title to inform members of the           The Chair recognizes the gentleman
                                                purposes of home loans, the surviving spouse            Armed Forces of the active duty service re-            from Florida.
                                                of a deceased veteran who dies and who was              quirements for entitlement to educational                Mr. MILLER of Florida. Madam
                                                in receipt of or entitled to receive (or but for        assistance benefits under this chapter and             Speaker, I yield myself such time as I
                                                the receipt of retired or retirement pay was            the results from such efforts; and                     may consume.
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                                                entitled to receive) compensation at the                   ‘‘(2) such recommendations for administra-            Today I rise in strong support of H.R.
                                                time of death for a service-connected dis-              tive and legislative changes regarding the             2433, as amended, the Veterans Oppor-
                                                ability rated totally disabling if—                     provision of educational assistance to mem-            tunity to Work, or the VOW Act. The
                                                  ‘‘(A) the disability was continuously rated           bers of the Armed Forces and veterans, and
                                                totally disabling for a period of 10 or more            their dependents, as the Secretary of Defense
                                                                                                                                                               objective of H.R. 2433, as amended, is to
                                                years immediately preceding death;                      considers appropriate.                                 use an approach that is comprehensive
                                                  ‘‘(B) the disability was continuously rated              ‘‘(c) CONTENTS OF SECRETARY OF VETERANS             and is fiscally and programmatically
                                                totally disabling for a period of not less than         AFFAIRS REPORTS.—The Secretary shall in-               sound to help a broad cross-section of

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                                                H6684                                              CONGRESSIONAL RECORD — HOUSE                                                    October 11, 2011
                                                veterans obtain or retain meaningful                    bill that addresses a major issue con-                   This bill will actually diminish serv-
                                                employment.                                             fronting the Nation in a comprehensive                 ices to our veterans. I know that my
                                                  Foremost among the provisions of                      and fiscally responsible manner with                   counterparts, for example, want the so-
                                                the VOW Act is title I of the original                  the support of the veterans service or-                called TAP classes, the Transition As-
                                                legislation that I was proud to intro-                  ganizations.                                           sistance Program classes, contracted
                                                duce to help put our unemployed vet-                      Madam Speaker, I urge all of my col-                 out. But I don’t think the time is right
                                                erans back to work. Title I targets re-                 leagues to join me in supporting H.R.                  to do that. So how do we pay for this
                                                training assistance to 100,000 unem-                    2433, as amended, and I reserve the bal-               bill for retraining, this VOW bill that
                                                ployed veterans of past wars by tempo-                  ance of my time.                                       should’ve been a WOW bill but is only
                                                rarily extending their eligibility for                    Mr. FILNER. I yield myself such                      a HOW bill? It says to those who want
                                                the Montgomery GI bill. The advantage                   time as I may consume.                                 to buy a home through the VA housing
                                                of this approach is that we are pro-                      Madam Speaker, I think the whole                     program that your fees, which were
                                                viding a reasonably robust yet afford-                  committee, and certainly the chairman                  scheduled to go down, will not now go
                                                able benefit without creating a new                     and I, agree that putting veterans to                  down. They’re going to be kept high.
                                                program. Other provisions in this bill                  work, especially at a time of high un-                 This refusal to extend a tax decrease
                                                continue the comprehensive approach                     employment in general, should be one                   has always been described by the party
                                                by mandating, with a few exceptions,                    of the chief goals not only of this com-               over there as a tax increase, so I will
                                                that separating servicemembers par-                     mittee but of the entire Congress and                  keep your language. You are increasing
                                                ticipate in transition assistance pro-                  our Nation. And when we may have, for                  the taxes on one group of veterans who
                                                gram classes.                                           example, double or even triple the al-                 want to buy homes to pay for this re-
                                                  Yet other provisions facilitate the                   ready tragic unemployment rate for                     training bill which may not get any-
                                                alignment of State licensing and                        veterans, it becomes that much more                    body a job.
                                                credentialing standards with the skills                 important.                                               Now, I know, Madam Speaker, you’re
                                                servicemembers learned during their                       Now I’ve heard descriptions of this                  going to tell Grover Norquist what’s
                                                military service to our country, and                    bill as comprehensive and as meaning-                  going on here, get hold of him right
                                                strengthening the Uniformed Services                    ful. And I was looking forward to this                 away, because this is a violation of the
                                                Employment         and     Reemployment                 VOW bill, the Veterans Opportunity to                  pledge that he is requiring of all of the
                                                Rights Act provisions. The bill also in-                Work. I was hoping it would be a WOW                   Republicans: don’t raise taxes. And in
                                                corporates a bill authored by the vice                  bill—that is, a wonderful opportunity                  his definition of raising taxes, it’s ex-
                                                chairman of our committee, my good                      to work—but it seems it has become,                    tending fees that were going to go
                                                friend GUS BILIRAKIS from Florida, to                   and remains so, the HOW bill—how are                   down that now don’t go down. So that’s
                                                direct the VA to collect data to deter-                 we going to put anybody to work with                   an increase in taxes.
                                                mine the number of credit hours, the                    this bill?                                               So let’s remember this when we
                                                degrees, and the certificates earned by                   Let me try to make that clear,                       think about the VOW bill. Let’s vow to
                                                those attending courses under the GI                    Madam Speaker. Throughout the whole                    say we want to put people to work, we
                                                bill.                                                   committee process that this bill went                  don’t want to raise taxes. But this bill
                                                  Most importantly, the data collected                  through, I described it as one that did                does neither. It not only doesn’t put
                                                will help us to learn how well the GI                   not create jobs, but actually taxed vet-               people to work, it raises taxes. So I
                                                bill benefits are positioning veterans to               erans. Taxed veterans. Remember that,                  cannot support the bill, Madam Speak-
                                                get jobs in today’s economy and mar-                    Madam Speaker. You took a pledge not                   er, and I reserve the balance of my
                                                ket.                                                    to vote for anything that taxed any-                   time.
                                                  Provisions from H.R. 120, authored by                 body. This bill does. It actually taxes                  Mr. MILLER of Florida. Madam
                                                the gentlewoman from North Carolina                     one group of veterans to help some                     Speaker, I did not know that we were
                                                                                                        other group of veterans. And I still feel              here today to hear a recitation of Dr.
                                                (Ms. FOXX), are also a part of this legis-
                                                                                                        the same way about the bill as it came                 Seuss, but apparently we are.
                                                lation. These provisions would extend
                                                                                                                                                                 What’s interesting to note is that the
                                                the VA’s home loan guaranty program                     through the process. Now I support all
                                                                                                                                                               gentleman from California has sup-
                                                to certain surviving spouses of chron-                  programs that will help veterans and
                                                                                                                                                               ported over and over and over again
                                                ically and severely disabled veterans. I                improve their lives, and I know this
                                                                                                                                                               reaching into fee payments to pay for
                                                thank Ms. FOXX for her continued ad-                    bill is called a jobs bill. But, it is mere-
                                                                                                                                                               funding of other programs which he
                                                vocacy on behalf of those whose sup-                    ly a retraining bill. Retraining.
                                                                                                                                                               supported, like the Filipino Veterans
                                                port and loyalty was so important to                      Now, we all want retraining, and we
                                                                                                                                                               Act, which I supported. And, in fact, I
                                                their veteran spouses.                                  all know it’s important. But I want to
                                                                                                                                                               was a cosponsor of that piece of legisla-
                                                  And finally, I should point out that                  get people a job. I don’t just want to
                                                                                                                                                               tion. And I find that it’s interesting
                                                the mandatory and discretionary costs                   retrain them and call this some great
                                                                                                                                                               that in 2010, Mr. FILNER proposed near-
                                                of the bill before us today are fully cov-              bill. My concern is that this bill will
                                                                                                                                                               ly $1 billion in cuts to old age pension
                                                ered and are compliant with the budget                  not get veterans hired at all. It may re-
                                                                                                                                                               and aid, and attendants payments to
                                                rules of this House, according to CBO.                  train them, who knows, but they’ll
                                                                                                                                                               the elderly, the poor, and the disabled
                                                Mandatory offsets are covered by ex-                    have no place to get a job. And we’ll
                                                                                                                                                               wartime American veterans in an at-
                                                tending at their present rate funding                   have taxed one set of veterans to pay
                                                                                                                                                               tempt to provide generous payments to
                                                fees paid by veterans using their home                  for their retraining—an increased tax,
                                                                                                                                                               noncitizen Filipino veterans of the Sec-
                                                loan guaranty benefit and by limiting                   for all of you who took the pledge not
                                                                                                                                                               ond World War.
                                                pension payments to veterans receiving                  to increase taxes.
                                                care    in    Medicaid-funded      nursing                Now I think we have to support the                                    b 1420
                                                homes. These are both offsets that the                  spirit of the bill of retraining and try                 With that, I would like to yield 2
                                                committee has used extensively in the                   to find proper funding in a bipartisan                 minutes to the gentleman from Flor-
                                                past, and most importantly, in passing                  way, and I hope that working with our                  ida, the vice chair of the Veterans’ Af-
                                                a fix to the post-9/11 GI bill by a vote of             Senate counterparts we can do that.                    fairs Committee, Mr. BILIRAKIS.
                                                424–0 in this House.                                    We need proper funding for all of these                  Mr. BILIRAKIS. I rise today in sup-
                                                  The discretionary costs of the bill are               programs that are so good. But the                     port of H.R. 2433, the Veterans Oppor-
                                                covered by two additional provisions.                   gentleman and his party don’t want to                  tunity to Work Act.
                                                The first eliminates the overcharging                   ask for more money from anybody,                         One of our Nation’s most pressing
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                                                of VA by ambulance providers for                        even our millionaires. They want to                    concerns is job creation, Madam
                                                transporting certain veterans. And the                  tax one group of veterans who are try-                 Speaker. I find it particularly disheart-
                                                second holds VA employee travel,                        ing to buy homes, and so they’ll train                 ening when members of our armed
                                                printing, and vehicle fleet costs at 2011               this group of veterans and claim                       services return home, only to find a
                                                levels.                                                 they’re creating jobs. Now, that’s not                 difficult economic climate and a civil-
                                                  To my colleagues on both sides of the                 what we should be doing here in this                   ian sector workforce that cannot trans-
                                                aisle, I say that this is in fact a good                Congress.                                              late the valuable skills that they have

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                               H6685
                                                learned in that service. I’m so proud to                actually take steps to increase the                    erans of Foreign Wars, who believe
                                                have cosponsored H.R. 2433, which will                  ability for our veterans who are defend-               that ‘‘allowing a military widow to uti-
                                                provide veterans with meaningful tran-                  ing our Nation, who we owe so much                     lize the VA home loan program is the
                                                sition assistance, retrain unemployed                   to, to get the jobs.                                   right thing to do.’’ This legislation
                                                veterans in high-demand fields, and                       Besides, as you know, we have goals                  rightfully gives disabled veterans the
                                                better link military skills to civilian                 all over the government to hire vet-                   peace of mind that their surviving
                                                jobs      through      licensing      and               erans and to hire disabled veterans.                   spouses will be able to benefit from the
                                                credentialing.                                          Those goals are not enforced. What if                  VA Home Loan Guaranty after their
                                                  I believe that one of the greatest ben-               we enforced those goals? We could hire                 death. These veterans and their fami-
                                                efits afforded to any individual is the                 thousands of veterans, because it is the               lies have sacrificed so that others may
                                                opportunity to obtain a quality edu-                    intent of Congress and the intent of                   live freely, and for that they deserve to
                                                cation, Madam Speaker. As more and                      this Nation that they be given priority                be eligible for this benefit.
                                                more of our current servicemembers                      in the hiring process, especially with                   Again, I thank Chairman MILLER for
                                                return home from active duty, many                      public jobs. Yet we do not enforce                     including H.R. 120 as part of H.R. 2433
                                                will opt to use their post-9/11 GI bene-                those goals.                                           and for the great work that the com-
                                                fits. I’m pleased that language I intro-                  So let’s not say that this is the only               mittee is doing on behalf of America’s
                                                duced as H.R. 2274—and I’d like to                      way to increase jobs. There are dozens                 veterans. On behalf of our veterans, I
                                                thank the chairman for that—was also                    of way, and they’re in front of our com-               urge my colleagues to support this leg-
                                                incorporated into my bill. This com-                    mittee.                                                islation.
                                                monsense language will create a track-                    Let’s go for a WOW bill; a wonderful                   Mr. FILNER. Madam Speaker, I yield
                                                ing mechanism to ensure that the                        opportunity to work for our veterans.                  myself such time as I may consume,
                                                Post-9/11 Educational Assistance Pro-                   Let’s move off the VOW. Let’s move off                 and I would yield to the gentlelady
                                                gram is adequately providing the edu-                   the taxing of one part of veterans to                  from North Carolina (Ms. FOXX).
                                                cation benefits intended in order to en-                pay for the other. Let’s really create                   I appreciate the provision you put in.
                                                sure that money for our heroes is being                 jobs for those who have done so much                   But do you know that the other provi-
                                                spent in the most efficient and effec-                  for our Nation.                                        sion increases the fees for veterans to
                                                tive manner to afford our veterans an                     I reserve the balance of my time.                    buy their homes, that you are extend-
                                                education.                                                Mr. MILLER of Florida. Since the                     ing a higher fee and paying for this
                                                  Madam Speaker, as more and more                       gentleman, my good friend, forgot to                   whole thing by taxing these veterans
                                                men and women return home from ac-                      yield to me during that discussion, I                  at a higher rate? Do you realize that
                                                tive duty, we must ensure that we are                   just want to set the record straight                   that’s what you’re voting for, in viola-
                                                easing their transition back into the                   that H.R. 2297, on December 16, 2003, of               tion of your pledge to Grover Norquist?
                                                civilian workforce as best as we can. I                 which Mr. FILNER was a cosponsor, in-                    Ms. FOXX. I am going to yield to my
                                                believe that H.R. 2433 does just that. I                creased—it didn’t just extend—it in-                   colleague from Florida (Mr. MILLER).
                                                want to thank the chairman again for                    creased fees on original and subsequent                  Mr. FILNER. I asked you. I didn’t
                                                introducing it.                                         use loans, which was done to finance                   yield to him. I yielded to you, Ms.
                                                  Mr. FILNER. Madam Speaker, I yield                    veterans benefits in the bill, including               FOXX. Do you know that you’re voting
                                                myself such time as I may consume.                      the burial of Philippine veterans. In                  on an extension of taxes, in violation of
                                                  I thank the gentleman for the de-                     the House he enthusiastically endorsed                 your pledge to Grover Norquist?
                                                scription of Dr. Seuss. He’s a great cit-               the bill reported out of committee and                   Ms. FOXX. As I said, I would yield to
                                                izen of the city of San Diego, and a                    again endorsed a negotiated version                    my colleague——
                                                great hero to all of us in San Diego. So                with the Senate.                                         Mr. FILNER. I don’t yield to the
                                                we always quote Dr. Seuss. I under-                       With that, I yield 2 minutes to my                   chair. I yielded only to you.
                                                                                                                                                                 For the record, I guess you don’t
                                                stand your appreciation, and I’m                        colleague from North Carolina (Ms.
                                                                                                                                                               know what you’re voting on, or you’re
                                                thrilled by it.                                         FOXX).
                                                                                                          Ms. FOXX. I thank the gentleman                      voting against what your pledge was.
                                                  You are not quite as accurate,                                                                                 The SPEAKER pro tempore. The gen-
                                                though, when you say where we got the                   from Florida, Chairman MILLER, for
                                                                                                                                                               tleman will address his remarks to the
                                                money for the Filipino veterans bill. In                bringing this legislation to the floor.
                                                fact, we got it from a completely dif-                    Madam Speaker, in 30 days, our coun-                   Mr. FILNER. Madam Speaker, the
                                                ferent source. You may or may not be                    try will pause to celebrate and thank                  gentlelady from North Carolina did not
                                                accurate on my previous votes, but I                    the millions of Americans who have                     answer my question. I guess she either
                                                never took the pledge that you have                     worn the uniform of the United States.                 doesn’t know what’s in the bill, or she’s
                                                taken, Mr. Chairman. I never took the                   As we approach Veterans Day, we                        violating her pledge. I’ll leave it at
                                                pledge that all of you have taken about                 should ask ourselves if this Congress is               that.
                                                not allowing the lowering of fees as a                  doing all that can be done for our vet-                  Once again, we need jobs for veterans
                                                new tax.                                                erans. This bill maintains our promise                 in this country. There is no debate
                                                  Mr. MILLER of Florida. Will the gen-                  not only to the men and women who                      about that. And there’s no debate that
                                                tleman yield?                                           have served in the Armed Forces, but                   retraining is okay. What we are debat-
                                                  Mr. FILNER. I will yield when I’m                     to their families as well.                             ing here is whether this is an effective
                                                finished. You have a lot of time left.                    Out of concern that some families of                 way to use the floor of this House to
                                                  We’re coming from wholly different                    veterans were being excluded from ben-                 bring up a bill which will be presented
                                                places. I believe in the jobs bill that is              efits that common sense would dictate                  as something that did jobs, and does
                                                being voted on in the Senate, that we                   that they be eligible for, I authored                  nothing, and shows the hypocrisy of
                                                should actually in fact not only cut                    H.R. 120, the Disabled Veterans’                       these pledges that they’re voting to ex-
                                                programs but increase our revenue                       Spouses Home Loans Act. It is only                     tend the increase——
                                                from a surtax on the millionaires in                    right that these surviving spouses be                    Mr. MILLER of Florida. Will the gen-
                                                our society. So I’m there when I say we                 eligible to receive the VA Home Loan                   tleman yield?
                                                need new funds. You’re the ones who                     Guaranty, even though the veterans’                      Mr. FILNER. I’m not yielding.
                                                keep saying, Don’t do anything; Don’t                   deaths are not identified as service-                    Mr. MILLER of Florida. Will my
                                                do anything; Don’t increase anything;                   connected, because such veterans had                   good friend yield?
                                                Don’t extend this, don’t extend that.                   permanent and total service-connected                    Mr. FILNER. I will not even yield to
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                                                You’re the guys who are the hypocrites                  disabilities for at least 10 years imme-               my good friend. Even if you were my
                                                here. So don’t confuse my past votes                    diately preceding their deaths.                        best friend, I wouldn’t yield to you.
                                                with hypocrisy.                                           H.R. 120 has been endorsed by the                      The hypocrisy of saying, we can’t tax
                                                  In addition, there are bills before our               Disabled American Veterans, who                        anything, we can’t tax anything but
                                                committee, Mr. Chairman, and you                        agree that this legislation is long over-              when it comes to veterans who want to
                                                know it, that actually increase the jobs                due. The legislation has also been en-                 buy a home, their fees are going to be
                                                that are available for veterans. They                   dorsed by the 2.1 million of the Vet-                  increased because of this bill.

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                                                H6686                                              CONGRESSIONAL RECORD — HOUSE                                                    October 11, 2011
                                                                  b 1430                                  The SPEAKER pro tempore. The gen-                    you support mandatory goals for vet-
                                                   Now, that ought to be known to the                   tleman from California has 91⁄2 minutes                erans or disabled veterans, as they are
                                                American people that we’re going to                     remaining.                                             in legislation as goals—3 percent some-
                                                vote against a 5 percent surcharge on                     Mr. FILNER. Thank you.                               times—for hiring? Let’s make them
                                                millionaires, but we’re going to go                       Let me just correct again my friend,                 mandatory. Do you agree to that? You
                                                after these folks who are trying to buy                 the chairman. I didn’t call Chairman                   asked me a question. Do you agree to
                                                their first home and have to pay higher                 MURRAY a hypocrite. I called those of                  mandatory goals for disabled veterans
                                                fees.                                                   the Republican Party who have taken a                  for hiring in public projects?
                                                   This Republican party is going to                    pledge of no taxation and voting for                      Mr. MILLER of Florida. I do support
                                                protect the millionaires but go after                   taxes here, hypocrites. Let’s be clear                 goals.
                                                the veterans who can’t afford a home.                   about whom I’m calling hypocrite.                         Mr. FILNER. You don’t support man-
                                                That’s what this argument is about                      Let’s be clear about that.                             datory goals.
                                                                                                          Second, there are a hundred different                   Mr. MILLER of Florida. I do support
                                                right now, under the guise of helping
                                                                                                        ways to have a better bill here. I would               goals.
                                                our veterans find jobs. Let’s show the                                                                            Mr. FILNER. Do you support manda-
                                                American people where reality is.                       support it with all my heart. There are
                                                                                                        bills before the committee. There are                  tory?
                                                   I reserve the balance of my time.                                                                              Mr. MILLER of Florida. I support
                                                   Mr. MILLER of Florida. I would ask                   concepts that have been brought up by
                                                                                                        me and others. Let’s bring a real jobs                 creating jobs.
                                                my good friend, the ranking member, if                                                                            Mr. FILNER. You asked me yes or
                                                he would respond to a question.                         bill to the floor and I’ll be happy to
                                                                                                        support it.                                            no, and now you won’t say ‘‘yes’’ or
                                                   Mr. FILNER. Tell me what the ques-                                                                          ‘‘no.’’
                                                tion is.                                                  Mr. MILLER of Florida. Will the gen-
                                                                                                        tleman yield?                                           ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
                                                   Mr. MILLER of Florida. Madam
                                                Speaker, I would ask if the gentleman                     Mr. FILNER. I yield to the gen-                        The SPEAKER pro tempore. Mem-
                                                from California supports Senator MUR-                   tleman from Florida.                                   bers should bear in mind that the offi-
                                                                                                          Mr. MILLER of Florida. If there are                  cial reporters of debate cannot be ex-
                                                RAY’s piece of legislation—which I be-
                                                                                                        a hundred ways to perfect the piece of                 pected to transcribe two Members si-
                                                lieve there is almost an identical piece
                                                                                                        legislation, why have you and the mi-                  multaneously. Members should not
                                                filed in the House by Mr. BISHOP—does
                                                                                                        nority party not offered one, not one                  participate in debate by interjection
                                                he support, yes or no, that piece of leg-
                                                                                                        time in our committee? And you and I                   and should not expect to have the re-
                                                   Mr. FILNER. Will the gentleman                       have tried very diligently during the                  porter transcribe remarks that are ut-
                                                yield?                                                  preceding months in this Congress to                   tered when not properly under recogni-
                                                   Mr. MILLER of Florida. I yield to the                try to be able to keep as nonpartisan as               tion.
                                                                                                        we possibly can, but not one time have                   Mr. FILNER. Madam Speaker, I wish
                                                gentleman from California.
                                                   Mr. FILNER. No, I don’t support it                   you offered anything other than rhet-                  you would remind the chair that he
                                                because it has the same funding thing.                  oric to attempt to perfect this bill.                  asked me a yes or no. I just asked him
                                                And I don’t support the hypocrisy of                    Why haven’t you offered any amend-                     a yes or no, and he’s playing games
                                                the Republican Party, which says it’s                   ments?                                                 with words.
                                                                                                          Mr. FILNER. Mr. Chairman, first of                     I guess it’s his time, but I continue
                                                against a 5 percent surtax on million-
                                                                                                        all, let me first say I do appreciate the              to reserve the balance of my time.
                                                aires but will tax veterans who are try-                                                                         Mr. MILLER of Florida. We continue
                                                ing to buy their first home.                            efforts that you have made, very ag-
                                                                                                        gressively, to keep a bipartisan aura on               to have no more speakers and would re-
                                                   Mr. MILLER of Florida. Reclaiming
                                                                                                        this committee. And I think you and I                  serve the balance of our time until
                                                my time, Madam Speaker, I find it
                                                                                                        have taken a whole new position than                   such time as the minority wishes to
                                                quite interesting that the gentleman                                                                           close.
                                                from California has just called the Sen-                the past. We have met regularly for
                                                                                                                                                                 The SPEAKER pro tempore. The
                                                ator, who is the chair of the Veterans’                 breakfast and for lunch. We have even
                                                                                                                                                               Chair recognizes the gentleman from
                                                Affairs Committee, a hypocrite, which                   paid for each other—without taxing                     California.
                                                I do not believe is appropriate.                        others.                                                  Mr. FILNER. I thank the Speaker,
                                                   I believe that there are nuances and                   But you know as well as I do, there                  and I thank the chairman.
                                                differences which we will be able to                    are other bills that should have been                    We are good friends, and we have
                                                work out, hopefully, in conference                      brought to this floor. You wouldn’t                    tried to maintain a bipartisan stance,
                                                when we bring these bills together. I                   bring them up. SANFORD BISHOP’s bill,                  but I disagree with the way this bill is
                                                hope that the minority will, in fact, en-               for example, which came to the com-                    brought forth. We have so many oppor-
                                                gage in the conference portion of this                  mittee. I endorsed it. I don’t see it any-             tunities to increase the jobs for vet-
                                                piece of legislation because we have                    where. You wouldn’t take it up.                        erans and we’re just not taking them.
                                                tried to engage them over and over                        You know we can’t get any amend-                     That saddens me. It’s not partisan. We
                                                outside of the committee structure to                   ments through your committee when                      can do better. We can do better than
                                                be able to give them an opportunity to                  you tell them not to vote for them. So,                this, and we’re not taking the oppor-
                                                give us another offset, another way to                  come on, you know the process. You                     tunity.
                                                fund this particular piece of legisla-                  decided that this is the bill that’s                     And we get all this rhetoric over the
                                                tion, and they have not brought any-                    going to happen.                                       taxes, that if you don’t extend the
                                                thing to us. So, to me, it’s a problem                   ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE               Bush tax cuts, that’s raising taxes; if
                                                we are trying to solve. We have dif-                      The SPEAKER pro tempore. Mem-                        you don’t extend the lowering of fees,
                                                ferent ways in which we are trying to                   bers will address their remarks to the                 that’s a tax increase. Well, here the
                                                accomplish goals.                                       Chair.                                                 same thing is being done to a small
                                                   And I want to put veterans back to                     Mr. FILNER. I will say through the                   group of veterans who can’t afford it.
                                                work, helping to retrain those, in par-                 Chair that the chairman knows very                       I’m sick of this rhetoric, Madam
                                                ticular those that are unemployed in                    well how the process works. He knows                   Speaker, that says we can’t do any of
                                                this very, very difficult economic time.                that we can’t get amendments passed.                   this, we can’t do any of this, we can’t
                                                The overall veterans’ unemployment                      He knows there are other bills—mainly                  do this, we can’t tax millionaires, we
                                                numbers are around 8.1 percent, and we                  Democratic bills—that are before the                   can’t have a balanced approach to bal-
                                                know that the numbers with the OEF/                     committee; some have had a hearing,                    ancing the budget, but then we take on
                                                OIF returning veterans are signifi-                     some haven’t, but they haven’t been                    veterans who can’t afford a home and
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                                                cantly higher.                                          brought to the floor. We get a ‘‘vow’’                 increase their fees. That, for me, is the
                                                   I don’t believe I have any more                      act, we don’t get a ‘‘wow’’ act, we get                definition of hypocrisy, and that’s why
                                                speakers on this particular piece of leg-               a ‘‘how’’ act. That’s what has been                    I’m against the bill.
                                                islation, Madam Speaker, and I would                    brought by the leadership of the com-                    I yield back the balance of my time.
                                                reserve the balance of my time.                         mittee to the floor.                                     Mr. MILLER of Florida. Madam
                                                   Mr. FILNER. Madam Speaker, how                         Mr. Chairman, you have yielded to                    Speaker, I thank my good friend from
                                                much time do I have remaining?                          me; I will yield back here. Why won’t                  California for the lively debate.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                    H6687
                                                  I would remind my colleagues that                     formed Services Employment and Reemploy-                 PVA also fully supports the provisions to
                                                this piece of legislation did pass out of               ment Rights Act (USERRA). While this sec-              require state employment offices receiving
                                                our committee with bipartisan support,                  tion stipulates that such protections extend           federal grants to maintain a full-time Dis-
                                                                                                        to any advantages earned as a result of em-            abled Veterans’ Outreach Program (DVOP)
                                                17–5.                                                                                                          specialist and a full-time Local Veterans’
                                                                                                        ployment to include rights and benefits of-
                                                  I would like to enter into the RECORD                                                                        Employment Representative, (LVER) whose
                                                                                                        fered by an employer, we respectfully rec-
                                                the following letters of support from                   ommend that it be amended to include al-               responsibilities are to only serve the employ-
                                                various organizations:                                  lowing veterans to seek medical treatment              ment needs of eligible veterans. Too often,
                                                    MILITARY OFFICERS ASSOCIATION                       for service-connected conditions in accord-            state employment offices take advantage of
                                                                             OF AMERICA,                ance with DAV Resolution 141.                          DVOP and LVER staff to fulfill other re-
                                                                 Alexandria, VA, July 14, 2011.            Overall, the Veterans Opportunity to Work           quirements not related to serving veterans.
                                                Hon. JEFF MILLER,                                       Act of 2011 makes important improvements               This has long been a complaint of veterans’
                                                Chairman, Committee on Veterans Affairs,                to support veterans transitioning to civilian          service organizations.
                                                    House of Representatives, Washington, DC.           life, especially those who return with disabil-          Again, we offer our strong support for H.R.
                                                  DEAR CHAIRMAN MILLER: On behalf of the                ities from their service. DAV supports ap-             2433. Meaningful employment is a vital part
                                                370,000 members of the Military Officers As-            proval of this legislation and thanks you for          of improving transition for service members
                                                sociation of America (MOAA), I am writing               your support of disabled veterans.                     currently serving as well as fulfilling our ob-
                                                to thank you for your leadership in intro-                     Sincerely,                                      ligation to the men and women who served
                                                ducing H.R. 2433, The Veterans Opportunity                                   JOSEPH A. VIOLANTE,               in the past.
                                                to Work Act.                                                              National Legislative Director.             Sincerely,
                                                  H.R. 2433 would re-open Vietnam Era GI                                                                                                   CARL BLAKE,
                                                Bill educational benefits to certain veterans                         IRAQ AND AFGHANISTAN                                      National Legislative Director.
                                                who have been chronically unemployed,                                     VETERANS OF AMERICA,
                                                mandate attendance in the Transition As-                                                July 18, 2011.           NATIONAL ASSOCIATION OF REALTORS®,
                                                sistance Program (TAP), require the Defense             Hon. JEFF MILLER,                                                      Washington, DC, July 21, 2011.
                                                and Departments of Labor to track outcome               House of Representatives,                              Hon. JEFF MILLER,
                                                measures for TAP participants, re-authorize             Washington, DC.                                        Chairman, House Committee on Veterans Af-
                                                a pilot program to link military acquired                 DEAR CHAIRMAN MILLER: Iraq and Afghani-                  fairs, House of Representatives, Wash-
                                                skills to civilian jobs through licensing and           stan Veterans of America (IAVA) is proud to                ington, DC.
                                                certification, and for other purposes.                  offer our support for H.R. 2433, the Veterans            DEAR CHAIRMAN MILLER: On behalf of the
                                                  MOAA recommends including a provision                 Opportunity to Work Act.                               more than 1.1 million members of the Na-
                                                in the bill to require outreach by the VA to              The most pressing concern for new vet-               tional Association of REALTORS®, we thank
                                                unemployed veterans who may be eligible for             erans in 2011 is unemployment. With 13.3%              you for extending the loan limits in H.R.
                                                the GI Bill benefits authorized in Title I of           unemployment for Iraq and Afghanistan vet-             2433, the ‘‘Veterans Opportunity to Work Act
                                                the legislation. We would also recommend                erans in June 2011 and a rate of 12.3% for the         of 2011’’. This legislation provides extensive
                                                adoption of Vocational Rehabilitation and               year overall, unemployment is one of the               opportunities for veterans, and will also ex-
                                                Employment (VRE) program adjustments                    single greatest challenges faced by veterans.          tend the current loan limits, allowing vet-
                                                and other employment-related features in                Even though employment is a concern for                erans fair and affordable access to home
                                                the Hiring Heroes Act of 2011, H.R. 1941.               every American in the current economic en-             mortgages.
                                                  MOAA pledges its full support for early en-                                                                    Since its establishment in 1944, the VA
                                                                                                        vironment, the average unemployment rate
                                                actment of H.R. 1941 and respectfully re-                                                                      home loan guarantee program has helped
                                                                                                        for new veterans is 25 percent higher than
                                                quests including this letter in the record of                                                                  millions of veterans purchase and maintain
                                                                                                        the rate for civilians.
                                                any hearing to consider or mark-up this im-                                                                    homes. We believe this program is a vital
                                                                                                          H.R. 2433 attacks this problem head on, by
                                                portant legislation.                                                                                           homeownership tool that provides veterans
                                                                                                        making Transition Assistance Programs
                                                      Sincerely,                                                                                               with a centralized, affordable, and accessible
                                                                                                        mandatory, providing veterans with in-
                                                                                 NORB RYAN.                                                                    method of purchasing homes as a benefit for
                                                                                                        creased job training benefits, studying how
                                                                                                                                                               their service to our nation. The current loan
                                                                                                        military skills translate in to the civilian
                                                          DISABLED AMERICAN VETERANS,                                                                          limits, which provide loans up to 125% of
                                                                                                        market, strengthening USERRA and col-
                                                          WASHINGTON, DC, JULY 15, 2011.                                                                       local area median price, expire on December
                                                                                                        lecting data on the effectiveness of govern-
                                                Hon. JEFF MILLER,                                                                                              31, 2011. H.R. 2433 would extend these limits
                                                                                                        ment job training and placement services.              through 2014. Veterans in high costs areas
                                                Chairman, House Veterans’ Affairs Committee,              IAVA believes that no veteran should come
                                                Washington, DC.                                                                                                should not be penalized for geographic dif-
                                                                                                        home to an unemployment check. We are
                                                  DEAR CHAIRMAN MILLER: I am writing on                                                                        ferences in the housing market.
                                                                                                        proud to offer our assistance and thank you              We thank you for including this important
                                                behalf of the Disabled American Veterans
                                                                                                        for this meaningful legislation. If we can be          provision in your legislation, and stand
                                                (DAV), a congressionally chartered national
                                                                                                        of help, please contact Tom Tarantino,                 ready to work with you to see its enactment.
                                                veterans service organization with 1.2 mil-
                                                                                                        IAVA’s Senior Legislative Associate, at (202)                 Sincerely,
                                                lion members, all of whom were disabled as
                                                a result of wartime active duty in the United           544–7692 or                                                RON PHIPPS,
                                                States Armed Forces. The DAV works to                         Sincerely,                                                          2011 President,
                                                build better lives for America’s disabled vet-                           PAUL RIECKHOFF,                           National Association of REALTORS®.
                                                erans, their families and survivors.                                        Founder and Execu-
                                                  Chairman Miller, we have reviewed your                                     tive Director, Iraq                VETERANS OF FOREIGN WARS OF THE
                                                bill, H.R. 2433, the Veterans Opportunity to                                 and     Afghanistan                                    UNITED STATES,
                                                Work Act of 2011. This bill contains a num-                                  Veterans of America                                             August 1, 2011.
                                                ber of provisions of importance to America’s                                 (IAVA).                           Hon. JEFF MILLER,
                                                veterans.                                                                                                      Chairman, House Committee on Veterans Af-
                                                  Approval of this legislation would make                     PARALYZED VETERANS OF AMERICA,                       fairs, Washington, DC.
                                                participation in the Transition Assistance                                             July 19, 2011.            DEAR CHAIRMAN MILLER: On behalf of the
                                                Program generally mandatory for all mili-               Hon. JEFF MILLER,                                      2.1 million members of the Veterans of For-
                                                tary service members. The bill would man-               Chairman, Committee on Veterans’ Affairs,              eign Wars of the United States (VFW) and
                                                date that the Department of Labor’s (DOL’s)                 House of Representatives, Washington, DC.          our Auxiliaries, I am pleased to offer our
                                                licensure and certification demonstration                 DEAR CHAIRMAN MILLER: On behalf of Para-             support for your bill, the Veterans Oppor-
                                                project, which the originating statute only             lyzed Veterans of America (PVA), I would               tunity to Work Act, H.R. 2433, which offers
                                                recommended, be carried out in an effort to             like to offer our support for H.R. 2433, the           substantive new programs to help veterans
                                                identify and to eliminate barriers between              ‘‘Veterans Opportunity to Work Act of 2011.’’          remain competitive in the workforce, and
                                                military training and civilian licensure or             The employment challenges facing average               also codifies reporting requirements for gov-
                                                credentialing for military occupational spe-            Americans is certainly no secret, but the              ernment authorities tasked with assisting
                                                cialties. Enactment of the legislation would            challenges facing veterans, particularly dis-          veterans in finding viable careers.
                                                require DOL, in concert with state workforce            abled veterans, are even greater.                        Your important legislation will extend ad-
                                                agencies, to implement new performances                   PVA appreciates the emphasis placed on               ditional assistance to an oft-overlooked de-
                                                measures to evaluate the priority of services           improving the Transition Assistance Pro-               mographic group of veterans who remain un-
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                                                provided to eligible veterans and mandates              gram (TAP) in this legislation. We also fully          employed at a time of economic uncertainty.
                                                that Disabled Veterans’ Outreach Program                support the requirement that participation             This temporary solution is a responsible
                                                Specialists and Local Veterans’ Employment              in the TAP be made mandatory for all serv-             stop-gap measure that will help ensure that
                                                Representatives’ sole duty will be to assist            ice members prior to discharge. Given the              our nation’s heroes can receive the training
                                                eligible veterans in finding suitable employ-           difficulty that recently discharged service            and skills they need in an ever-evolving ci-
                                                ment.                                                   members have achieving meaningful employ-              vilian job market.
                                                  Another important provision in this legis-            ment, it only makes sense that they be re-               The VFW also supports initiatives in the
                                                lation is Section 401, which clarifies the Uni-         quired to participate in TAP or DTAP.                  VOW Act to mandate transition assistance

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                                                H6688                                              CONGRESSIONAL RECORD — HOUSE                                                        October 11, 2011
                                                programs and finally conduct reasonable fol-            mandate attendance in the Transition As-               depended on them to defend and protect our
                                                low-up with TAP participants, as well as as-            sistance Program (TAP), require the Depart-            way of life and now it is time for the country
                                                sessment and follow-up for disabled veterans            ment of Defense and the Department of                  to honor and assist those same brave men
                                                outreach program specialists (DVOPs) and                Labor to track outcome measures for TAP                and women.
                                                local veterans employment representatives               participants, re-authorize a pilot program to            We stand by to assist you in any way pos-
                                                (LVERs), ensuring that each program serves              link military acquired skills to civilian jobs         sible to ensure that this bill quickly moves
                                                its intended purpose—helping veterans find              through licensing and certification, and for           forward to alleviate the suffering that goes
                                                jobs.                                                   other purposes.                                        with not having a job.
                                                  The men and women who serve today are                   TMC recommends including a provision in                Thank you for your continued support of
                                                the future leaders of our great nation. They            the bill to require outreach by the VA to un-          our active duty troops, our veterans and
                                                deserve every opportunity to succeed in the             employed veterans who may be eligible for              their families and survivors.
                                                civilian workforce. However, the employ-                the GI Bill benefits authorized in Title I of                Sincerely,
                                                ment climate for veterans—particularly vet-             the legislation. We would also recommend                                     RICHARD A. JONES,
                                                erans of the current conflicts—is a national            extension and improvement of Vocational                                          Legislative Director.
                                                embarrassment that demands immediate at-                Rehabilitation and Employment (VRE) pro-
                                                tention. Thank you for your leadership on               gram benefits provided for in similar legisla-                                      OCTOBER 11, 2011.
                                                this critical issue, and for your continued             tion pending before your Committee such as             Hon. JEFF MILLER,
                                                support of our armed forces and veterans.               the Hiring Heroes Act of 2011.                         Chairman, House of Representatives Committee
                                                      Sincerely,                                          Our veterans have put their lives on the                  on Veterans Affairs, Washington, DC.
                                                        RAYMOND C. KELLEY, DIRECTOR,                    line to protect the freedom we sometimes                  DEAR CHAIRMAN MILLER: On behalf of
                                                            VFW National Legislative Service.           take for granted. They have the skills, dis-           AMVETS (American Veterans), I am writing
                                                                                                        cipline and talent to succeed in the market-           to you to urge the swift, bi-partisan passage
                                                                  THE AMERICAN LEGION,                  place but may encounter unique challenges              today of the following bills:
                                                              Washington, DC, August 3, 2011.           in finding meaningful employment or start-                H.R. 2433—Veterans Opportunity to Work
                                                Hon. JEFF MILLER,                                       ing a business. The Veterans Opportunity to            Act of 2011, as amended (Sponsored by Rep.
                                                Chair, House Veterans’ Affairs Committee,               Work Act will help our nation’s veterans               Jeff Miller/Veterans’ Affairs Committee)
                                                Washington, DC.                                         gain the skills and knowledge they need to                H.R. 2074—Veterans Sexual Assault Pre-
                                                  DEAR CHAIRMAN MILLER: On behalf of the                compete for meaningful jobs.                           vention Act, as amended (Sponsored by Rep.
                                                2.4 million members of The American Le-                   The Military Coalition endorses H.R. 2433,           Ann Marie Buerkle/Veterans’ Affairs Com-
                                                gion, I express our full support for H.R. 2433,         the Veterans Opportunity to Work Act of                mittee)
                                                the Veterans Opportunity to Work Act of                                                                           H.R. 2349—Veterans’ Benefits Training Im-
                                                                                                        2011 and pledges our collective efforts to see
                                                2011 or VOW Act, which makes improve-                                                                          provement Act of 2011 (Sponsored by Rep.
                                                                                                        it enacted this year.
                                                ments relating to veterans employment and                                                                      Jon Runyan/Veterans’ Affairs Committee)
                                                training.                                                                                                         H.R. 1263—To amend the Servicemembers
                                                                                                                     THE MILITARY COALITION                    Civil Relief Act to provide surviving spouses
                                                  The Department of Labor reported in June
                                                that 1 million veterans were unemployed,                  Air Force Sergeants Association (AFSA);              with certain protections relating to mort-
                                                and of that million, over 632,000 are between           Air Force Women Officers Associated;                   gages and mortgage foreclosures (Sponsored
                                                the ages of 35 and 64. Our membership in-               AMVETS; Army Aviation Assn. of America;                by Rep. Bob Filner/Veterans’ Affairs Com-
                                                cludes working age veterans of the Vietnam              Assn. of Military Surgeons of the United               mittee)
                                                and Persian Gulf War eras, as well as, of the           States; Assn. of the US Army; Association of              H.R. 1025—To amend title 38, United States
                                                conflicts of Iraq and Afghanistan. We are               the United States Navy; Commissioned Offi-             Code, to recognize the service in the reserve
                                                acutely concerned with the unemployment of              cers Assn. of the US Public Health Service,            components of certain persons by honoring
                                                all veterans.                                           Inc.; CWO & WO Assn. US Coast Guard; En-               them with status as veterans under law
                                                  Veterans separating now from the military             listed Association of the National Guard of            (Sponsored by Rep. Timothy Walz/Veterans’
                                                may go to school on the Post 9/11 GI Bill;              the US; Fleet Reserve Assn.                            Affairs Committee)
                                                however, veterans of prior conflicts have no              Gold Star Wives of America; Inc.; Iraq &                These bills are all critically important in
                                                similar opportunity. Consequently, we ap-               Afghanistan Veterans of America; Jewish                ensuring veterans have timely, high-quality,
                                                plaud your efforts with this bill to provide a          War Veterans of the USA; Marine Corps                  equal access to VA care and benefits, as well
                                                time-limited educational benefit to unem-               League; Marine Corps Reserve Association;              as gainful, living-wage employment and/or
                                                ployed veterans aged 35 to 60 at community              Military Officers Assn. of America; Military           re-employment.
                                                                                                        Order of the Purple Heart; National Associa-              Through our close work with both the VA
                                                colleges and technical training schools These
                                                                                                        tion for Uniformed Services; National Guard            and Congress over the past several years,
                                                institutions should provide enrolled veterans
                                                                                                        Assn. of the US; National Military Family              AMVETS has done everything in its power to
                                                with the training and skills necessary to
                                                                                                        Assn.                                                  assist in removing these injustices which ad-
                                                compete in the today’s economy. We also
                                                                                                          Naval Enlisted Reserve Assn.; Non Com-               versely impact our men and women in uni-
                                                support the other provisions that will im-
                                                                                                        missioned Officers Assn. of the United States          form, especially the members of the National
                                                prove the Transition Assistance Program
                                                                                                        of America; Reserve Enlisted Assn. of the              Guard.
                                                and will ease regulatory impediments to li-
                                                                                                        US; Reserve Officers Assn; Society of Med-                Now is the time for the action that only
                                                censing and certification. The American Le-
                                                                                                        ical Consultants to the Armed Forces; The              you, the members of the 112th Congress, can
                                                gion believes this bill will improve the em-
                                                                                                        Military Chaplains Assn. of the USA; The               provide our veterans. The long-awaited and
                                                ployment outlook for all veterans that par-
                                                                                                        Retired Enlisted Assn.; USCG Chief Petty Of-           much needed passage of the aforesaid legisla-
                                                ticipate in these programs.
                                                                                                        ficers Assn.; US Army Warrant Officers                 tion will remove all of the obstacles and in-
                                                  The American Legion welcomes your ef-
                                                                                                        Assn.; Veterans of Foreign Wars of the US;             justices veterans are continuing to experi-
                                                forts to provide training assistance to vet-
                                                                                                        Vietnam Veterans of America.                           ence under the status quo. AMVETS, the
                                                erans and reduce their unacceptably high un-
                                                                                                                                                               VSO and veteran’s communities look to your
                                                employment and we stand ready to assist
                                                                                                                      NATIONAL ASSOCIATION                     leadership to finally close these loopholes to
                                                you in the passage of this vital legislation.
                                                                                                                       FOR UNIFORMED SERVICES,                 care and earned benefits.
                                                Thank you for your support of America’s
                                                                                                                      Springfield, VA, August 15, 2011.           Please be assured of our ongoing support of
                                                veterans and their families.
                                                                                                        Hon. JEFF MILLER,                                      all veteran issues and feel free to call on us
                                                                                                        Chairman, Committee on Veterans’ Affairs,              if you could benefit from our military exper-
                                                                      JIMMIE L. FOSTER,
                                                                                                        House of Representatives, Washington, DC.              tise.
                                                                        National Commander.
                                                                                                          DEAR CHAIRMAN MILLER: On behalf of the                      Sincerely,
                                                                                                        members and supporters of the National As-                               DIANE M. ZUMATTO,
                                                              THE MILITARY COALITION,
                                                                                                        sociation for Uniformed Services (NAUS), I                          National Legislative Director,
                                                              Alexandria, VA, August 3, 2011.
                                                                                                        am honored to pledge our full support for                                                  AMVETS.
                                                Hon. JEFF MILLER,
                                                Chairman, Committee on Veterans Affairs,                your bill, the Veterans Opportunity to Work                              GENERAL LEAVE
                                                House of Representatives, Washington, DC.               Act, H.R. 2433.                                          Mr. MILLER of Florida. I also ask
                                                  DEAR CHAIRMAN MILLER: The Military Coa-                 The numbers of unemployed veterans re-               unanimous consent that all Members
                                                lition (TMC), a consortium of uniformed                 ported by the Department of Labor in June,             have 5 legislative days in which to re-
                                                services and veterans associations rep-                 was not only shocking but also very dis-               vise and extend their remarks on H.R.
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                                                resenting more than 5.5 million current and             appointing. Over a million veterans looking
                                                                                                                                                               2433, as amended.
                                                former servicemembers and their families                for work with the newest veterans, those
                                                                                                                                                                 The SPEAKER pro tempore. Is there
                                                and survivors, is writing to thank you for              from the Iraq and Afghanistan conflicts,
                                                your leadership in introducing HR. 2433, the            with a higher unemployment rate than the               objection to the request of the gen-
                                                Veterans Opportunity to Work Act of 2011.               general populace.                                      tleman from Florida?
                                                  H.R. 2433 would re-open Vietnam Era GI                  We are heartened to see your commitment                There was no objection.
                                                Bill educational benefits to certain veterans           to extending every possible form of help to              Mr. MILLER of Florida. I once again
                                                who have been chronically unemployed,                   veterans in finding gainful employment. We             encourage all Members to support this

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                      H6689
                                                legislation, and I yield back the bal-                  related to sexual assault that a veteran may              ‘‘(e) REGULATIONS.—The Secretary shall
                                                ance of my time.                                        pose while being treated at a medical facility         prescribe regulations to carry out this sec-
                                                                                                        of the Department, including clear and con-            tion.’’.
                                                                 b 1440                                 sistent guidance on the collection of infor-              (b) CLERICAL AMENDMENT.—The table of
                                                  The SPEAKER pro tempore. The                          mation related to—                                     sections at the beginning of such chapter is
                                                question is on the motion offered by                      ‘‘(A) the legal history of the veteran; and          amended by adding after the item relating to
                                                                                                          ‘‘(B) the medical record of the veteran.             section 1708 the following:
                                                the gentleman from Florida (Mr. MIL-                      ‘‘(3) The mandatory training of employees
                                                LER) that the House suspend the rules                                                                          ‘‘1709. Comprehensive policy on reporting
                                                                                                        of the Department on security issues, includ-                        and tracking sexual assault in-
                                                and pass the bill, H.R. 2433, as amend-                 ing awareness, preparedness, precautions,                            cidents and other safety inci-
                                                ed.                                                     and police assistance.                                               dents.’’.
                                                  The question was taken.                                 ‘‘(4) The mandatory implementation, use,
                                                                                                        and regular testing of appropriate physical               (c) INTERIM REPORT.—Not later than 30
                                                  The SPEAKER pro tempore. In the                                                                              days after the date of the enactment of this
                                                opinion of the Chair, two-thirds being                  security precautions and equipment, includ-
                                                                                                        ing surveillance camera systems, computer-             Act, the Secretary of Veterans Affairs shall
                                                in the affirmative, the ayes have it.                                                                          submit to the Committee on Veterans’ Af-
                                                  Mr. FILNER. Madam Speaker, on                         based panic alarm systems, stationary panic
                                                                                                        alarms, and electronic portable personal               fairs of the House of Representatives and the
                                                that I demand the yeas and nays.                        panic alarms.                                          Committee on Veterans’ Affairs of the Sen-
                                                  The yeas and nays were ordered.                         ‘‘(5) Clear, consistent, and comprehensive           ate a report on the development of the per-
                                                  The SPEAKER pro tempore. Pursu-                       criteria and guidance with respect to an em-           formance measures described in section
                                                ant to clause 8 of rule XX, further pro-                ployee of the Department communicating                 1709(d)(2)(C) of title 38, United States Code,
                                                ceedings on this question will be post-                 and reporting sexual assault incidents and             as added by subsection (a).
                                                poned.                                                  other safety incidents to—                             SEC.   3. INCREASED FLEXIBILITY IN ESTAB-
                                                                                                                                                                           LISHING  PAYMENT   RATES   FOR
                                                                 f                                        ‘‘(A) supervisory personnel of the employee                      NURSING HOME CARE PROVIDED BY
                                                                                                        at—                                                                STATE HOMES.
                                                VETERANS SEXUAL ASSAULT PRE-                              ‘‘(i) a medical facility of the Department;            (a) IN GENERAL.—
                                                  VENTION AND HEALTH CARE EN-                             ‘‘(ii) an office of a Veterans Integrated              (1) CONTRACTS AND AGREEMENTS FOR NURS-
                                                  HANCEMENT ACT                                         Service Network; and                                   ING HOME CARE.—Section 1745(a) of title 38,
                                                                                                          ‘‘(iii) the central office of the Veterans           United States Code, is amended—
                                                  Mr. MILLER of Florida. Madam                          Health Administration; and
                                                Speaker, I move to suspend the rules                                                                             (A) in paragraph (1), by striking ‘‘The Sec-
                                                                                                          ‘‘(B) a law enforcement official of the De-          retary shall pay each State home for nursing
                                                and pass the bill (H.R. 2074) to amend                  partment.                                              home care at the rate determined under
                                                title 38, United States Code, to require                  ‘‘(6) Clear and consistent criteria and              paragraph (2)’’ and inserting ‘‘The Secretary
                                                a comprehensive policy on reporting                     guidelines with respect to an employee of the          shall enter into a contract (or agreement
                                                and tracking sexual assault incidents                   Department referring and reporting to the              under section 1720(c)(1) of this title) with
                                                and other safety incidents that occur                   Office of Inspector General of the Depart-             each State home for payment by the Sec-
                                                                                                        ment sexual assault incidents and other safe-
                                                at medical facilities of the Department                                                                        retary for nursing home care provided in the
                                                                                                        ty incidents that meet the regulatory crimi-           home’’; and
                                                of Veterans Affairs, as amended.                        nal threshold in accordance with section
                                                  The Clerk read the title of the bill.                                                                          (B) by striking paragraph (2) and inserting
                                                                                                        1.201 and 1.204 of title 38, Code of Federal           the following new paragraph (2):
                                                  The text of the bill is as follows:                   Regulations.                                             ‘‘(2) Payment under each contract (or
                                                                    H.R. 2074                             ‘‘(7) An accountable oversight system with-          agreement) between the Secretary and a
                                                  Be it enacted by the Senate and House of Rep-         in the Veterans Health Administration that             State home under paragraph (1) shall be
                                                resentatives of the United States of America in         includes—                                              based on a methodology, developed by the
                                                Congress assembled,                                       ‘‘(A) systematic information sharing of re-          Secretary in consultation with the State
                                                SECTION 1. SHORT TITLE.                                 ported sexual assault incidents and other              home, to adequately reimburse the State
                                                 This Act may be cited as the ‘‘Veterans                safety incidents among officials of the Ad-            home for the care provided by the State
                                                Sexual Assault Prevention and Health Care               ministration who have programmatic re-                 home under the contract (or agreement).’’.
                                                Enhancement Act’’.                                      sponsibility; and                                        (2)     STATE    NURSING        HOMES.—Section
                                                SEC. 2. COMPREHENSIVE POLICY ON REPORTING                 ‘‘(B) a centralized reporting, tracking, and         1720(c)(1)(A) of such title is amended—
                                                           AND TRACKING SEXUAL ASSAULT IN-              monitoring system for such incidents.                    (A) in clause (i), by striking ‘‘; and’’ and in-
                                                           CIDENTS AND OTHER SAFETY INCI-                 ‘‘(8) Consistent procedures and systems for          serting a semicolon;
                                                           DENTS.                                       law enforcement officials of the Department              (B) in clause (ii), by striking the period at
                                                  (a) POLICY.—Subchapter I of chapter 17 of             with respect to investigating, tracking, and           the end and inserting ‘‘; and’’; and
                                                title 38, United States Code, is amended by             closing reported sexual assault incidents and            (C) by adding at the end the following new
                                                adding at the end the following:                        other safety incidents.                                clause:
                                                ‘‘§ 1709. Comprehensive policy on reporting               ‘‘(9) Clear and consistent guidance for the            ‘‘(iii) a provider of services eligible to
                                                   and tracking sexual assault incidents and            clinical management of the treatment of                enter into a contract pursuant to section
                                                   other safety incidents                               sexual assaults that are reported more than            1745(a) of this title who is not otherwise de-
                                                   ‘‘(a) POLICY REQUIRED.—Not later than                72 hours after the assault.                            scribed in clause (i) or (ii).’’.
                                                                                                          ‘‘(c) UPDATES TO POLICY.—The Secretary
                                                March 1, 2012, the Secretary of Veterans Af-                                                                     (b) EFFECTIVE DATE.—The amendment
                                                                                                        shall review and revise the policy required
                                                fairs shall develop and implement a central-                                                                   made by subsection (a) shall apply to care
                                                                                                        by subsection (a) on a periodic basis as the
                                                ized and comprehensive policy on the report-            Secretary considers appropriate and in ac-             provided on or after January 1, 2012.
                                                ing and tracking of sexual assault incidents            cordance with best practices.                          SEC. 4. REHABILITATIVE SERVICES FOR VET-
                                                and other safety incidents that occur at each             ‘‘(d) ANNUAL REPORT.—(1) Not later than 60                      ERANS WITH TRAUMATIC BRAIN IN-
                                                medical facility of the Department, includ-                                                                               JURY.
                                                                                                        days after the date on which the Secretary
                                                ing—                                                    develops the policy required by subsection               (a) REHABILITATION PLANS AND SERVICES.—
                                                   ‘‘(1) suspected, alleged, attempted, or con-         (a), and by not later than October 1 of each           Section 1710C of title 38, United States Code,
                                                firmed cases of sexual assault, regardless of           year thereafter, the Secretary shall submit            is amended—
                                                whether such assaults lead to prosecution or            to the Committee on Veterans’ Affairs of the             (1) in subsection (a)(1), by inserting before
                                                conviction;                                             House of Representatives and the Committee             the semicolon the following: ‘‘with the goal
                                                   ‘‘(2) criminal and purposefully unsafe acts;         on Veterans’ Affairs of the Senate a report            of maximizing the individual’s independ-
                                                   ‘‘(3) alcohol or substance abuse related acts        on the implementation of the policy.                   ence’’;
                                                (including by employees of the Department);               ‘‘(2) The report under paragraph (1) shall             (2) in subsection (b)—
                                                and                                                     include—                                                 (A) in paragraph (1)—
                                                   ‘‘(4) any kind of event involving alleged or           ‘‘(A) the number and type of sexual assault            (i) by inserting ‘‘(and sustaining improve-
                                                suspected abuse of a patient.                           incidents and other safety incidents reported          ment in)’’ after ‘‘improving’’;
                                                   ‘‘(b) SCOPE.—The policy required by sub-             by each medical facility of the Department;              (ii) by inserting ‘‘behavioral,’’ after ‘‘cog-
                                                section (a) shall cover each of the following:            ‘‘(B) a detailed description of the imple-           nitive’’;
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                                                   ‘‘(1) For purposes of reporting and tracking         mentation of the policy required by sub-                 (B) in paragraph (2), by inserting ‘‘rehabili-
                                                sexual assault incidents and other safety in-           section (a), including any revisions made to           tative services and’’ before ‘‘rehabilitative
                                                cidents, definitions of the terms—                      such policy from the previous year; and                components’’; and
                                                   ‘‘(A) ‘safety incident’;                               ‘‘(C) the effectiveness of such policy on im-          (C) in paragraph (3)—
                                                   ‘‘(B) ‘sexual assault’; and                          proving the safety and security of the med-              (i) by striking ‘‘treatments’’ the first place
                                                   ‘‘(C) ‘sexual assault incident’.                     ical facilities of the Department, including           it appears and inserting ‘‘services’’; and
                                                   ‘‘(2) The development and use of specific            the performance measures used to evaluate                (ii) by striking ‘‘treatments and’’ the sec-
                                                risk-assessment tools to examine any risks              such effectiveness.                                    ond place it appears; and

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                                                H6690                                              CONGRESSIONAL RECORD — HOUSE                                                      October 11, 2011
                                                  (3) by adding at the end the following new            eration, or comparably recognized experts in             (C) the effects that participating in the
                                                subsection:                                             the art and science of basic dog training with         pilot program has on veterans with post-
                                                  ‘‘(h) REHABILITATIVE SERVICES DEFINED.—               regard to space, equipments, and methodolo-            traumatic stress disorder and post-deploy-
                                                For purposes of this section, and sections              gies.                                                  ment mental health conditions.
                                                1710D and 1710E of this title, the term ‘reha-             (c) DESIGN OF PILOT PROGRAM.—In carrying              (2) FINAL REPORT.—At the conclusion of
                                                bilitative services’ includes—                          out the pilot program, the Secretary shall—            pilot program, the Secretary shall submit to
                                                  ‘‘(1) rehabilitative services, as defined in             (1) administer the program through the De-          Congress a final report that includes rec-
                                                section 1701 of this title;                             partment of Veterans Affairs Patient Care              ommendations with respect to the extension
                                                  ‘‘(2) treatment and services (which may be            Services Office as a collaborative effort be-          or expansion of the pilot program.
                                                of ongoing duration) to sustain, and prevent            tween the Rehabilitation Office and the Of-              (h) DEFINITION.—For the purposes of this
                                                loss of, functional gains that have been                fice of Mental Health Services;                        section, the term ‘‘service dog training in-
                                                achieved; and                                              (2) ensure that the national pilot program          structor’’ means an instructor recognized by
                                                  ‘‘(3) any other rehabilitative services or            lead of the Patient Care Services Office has           an accredited dog organization training pro-
                                                supports that may contribute to maximizing              sufficient administrative experience to over-          gram who provides hands-on training in the
                                                an individual’s independence.’’                         see the pilot program;                                 art and science of service dog training and
                                                  (b) REHABILITATION SERVICES IN COM-                      (3) establish partnerships through memo-            handling.
                                                PREHENSIVE PROGRAM FOR LONG-TERM REHA-                  randums of understanding with Assistance               SEC. 7. ELIMINATION OF ANNUAL REPORT ON
                                                BILITATION.—Section 1710D(a) of title 38,               Dogs International organizations, Inter-                          STAFFING FOR NURSE POSITIONS.
                                                United States Code, is amended—                         national Guide Dog Federation organiza-                  Section 7451(e) of title 38, United States
                                                  (1) by inserting ‘‘and rehabilitative serv-           tions, academic affiliates, or organizations           Code, is amended—
                                                ices (as defined in section 1710C of this               with equivalent credentials with experience              (1) by striking paragraph (5); and
                                                title)’’ after ‘‘long-term care’’; and                  in teaching others to train service dogs for             (2) by redesignating paragraph (6) as para-
                                                  (2) by striking ‘‘treatment’’.                        the purpose of advising the Department of              graph (5).
                                                  (c) REHABILITATION SERVICES IN AUTHORITY              Veterans Affairs regarding the design, devel-
                                                FOR COOPERATIVE AGREEMENTS FOR USE OF                   opment, and implementation of pilot pro-                 The SPEAKER pro tempore. Pursu-
                                                NON-DEPARTMENT FACILITIES FOR REHABILI-                 gram;                                                  ant to the rule, the gentleman from
                                                TATION.—Section 1710E(a) of title 38, United               (4) ensure that the pilot program site has a        Florida (Mr. MILLER) and the gen-
                                                States Code, is amended by inserting ‘‘, in-            service dog training instructor;                       tleman from California (Mr. FILNER)
                                                cluding rehabilitative services (as defined in             (5) ensure that dogs selected for use in the        each will control 20 minutes.
                                                section 1710C of this title),’’ after ‘‘medical         program meet all health clearance, age, and
                                                                                                                                                                 The Chair recognizes the gentleman
                                                services’’.                                             temperament criteria as outlined by Assist-
                                                                                                        ance Dogs International, International Guide           from Florida.
                                                  (d)      TECHNICAL      AMENDMENT.—Section
                                                1710C(c)(2)(S) of title 38, United States Code,         Dog Federation, or an organization with                  Mr. MILLER of Florida. Madam
                                                is amended by striking ‘‘opthamologist’’ and            equivalent credentials and the Centers for             Speaker, I yield myself such time as I
                                                inserting ‘‘ophthalmologist’’.                          Disease Control and Prevention;                        may consume.
                                                SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF                 (6) consider dogs residing in animal shel-            I rise in strong support of H.R. 2074,
                                                            THE DEPARTMENT OF VETERANS                  ters or foster homes for participation in the          as amended, the Veterans Sexual As-
                                                            AFFAIRS.                                    program if such dogs meet the selection cri-           sault Prevention and Health Care En-
                                                  Section 901 of title 38, United States Code,          teria under this subsection; and
                                                                                                           (7) ensure that each dog selected for the
                                                                                                                                                               hancement Act. The bill before us is, in
                                                is amended by adding at the end the fol-
                                                lowing new subsection:                                  program is taught all basic commands and               fact, a bipartisan product of many
                                                  ‘‘(f) The Secretary may not prohibit the              behaviors essential to being accepted by an            months worth of oversight on behalf of
                                                use of service dogs in any facility or on any           accredited service dog training organization           our Health Subcommittee. It’s derived
                                                property of the Department or in any facil-             to be partnered with a disabled veteran for            from numerous proposals championed
                                                ity or on any property that receives funding            final individualized service dog training tai-         by Members from both sides of the
                                                from the Secretary.’’.                                  lored to meet the needs of the veteran.                aisle to improve the care and the serv-
                                                SEC. 6. DEPARTMENT OF VETERANS AFFAIRS                     (d) VETERAN PARTICIPATION.—A veteran
                                                                                                        who is enrolled in the health care system es-          ices provided to our veterans by the
                                                           PILOT PROGRAM ON DOG TRAINING
                                                           THERAPY.                                     tablished under section 1705(a) of title 38,           Department of Veterans Affairs.
                                                  (a) IN GENERAL.—Commencing not later                  United States Code, and is diagnosed with                Of special note is a provision intro-
                                                than 120 days after the date of the enactment           post-traumatic stress disorder or another              duced by our Health Subcommittee
                                                of this Act, the Secretary of Veterans Affairs          post-deployment mental health condition                chairwoman, Ms. ANN MARIE BUERKLE,
                                                shall implement a three-year pilot program              may volunteer to participate in the pilot              and myself. This provision would ad-
                                                for the purpose of assessing the effectiveness          program required by subsection (a) of this
                                                                                                        section and may participate in the program
                                                                                                                                                               dress the findings of a Government Ac-
                                                of using dog training activities as a compo-                                                                   countability Office report detailing the
                                                nent of integrated post-deployment mental               if the Secretary determines that adequate
                                                                                                        program resources are available for such vet-          high prevalence of sexual assault inci-
                                                health and post-traumatic stress disorder re-
                                                habilitation programs at Department of Vet-             eran to participate at the pilot program site.         dents at VA medical facilities and the
                                                                                                           (e) HIRING PREFERENCE.—In hiring service            very serious failures in accountability
                                                erans Affairs medical centers to positively
                                                                                                        dog training instructors for the pilot pro-            on the part of VA leadership.
                                                affect veterans with post-deployment mental
                                                                                                        gram required by subsection (a), the Sec-
                                                health conditions and post-traumatic stress
                                                                                                        retary shall give a preference to veterans in
                                                                                                                                                                 As I’ve said before, just one assault,
                                                disorder symptoms and, through such activi-             accordance with section 2108 and 3309 of title         just one assault of this nature, one sex-
                                                ties, to produce specially trained dogs that            5, United States Code.                                 ual predator or one veteran’s rights
                                                meet criteria for becoming service dogs for                (f) COLLECTION OF DATA.—The Secretary               being violated within the VA is one too
                                                veterans with disabilities.                             shall collect data on the pilot program re-
                                                  (b) LOCATION OF PILOT PROGRAM.—The pilot
                                                                                                        quired by subsection (a) to determine the ef-            I am grateful to my good friend, the
                                                program shall be carried out at one Depart-             fectiveness of the program in positively af-
                                                ment of Veterans Affairs medical center se-                                                                    ranking member, Mr. FILNER, and the
                                                                                                        fecting veterans with post-traumatic stress
                                                lected by the Secretary for such purpose at a           disorder or other post-deployment mental               Health Subcommittee Chairwoman,
                                                location other than in the Department of                health condition symptoms and the potential            ANN MARIE BUERKLE and Ranking
                                                Veterans Affairs Palo Alto health care sys-             for expanding the program to additional De-            Member MIKE MICHAUD for the leader-
                                                tem in Palo Alto, California. In selecting a            partment of Veterans Affairs medical cen-              ship that they have shown in bringing
                                                medical center for the pilot program, the               ters. Such data shall be collected and ana-            this legislation forward to strengthen
                                                Secretary shall—                                        lyzed using valid and reliable methodologies
                                                  (1) ensure that the medical center se-
                                                                                                                                                               the VA health care system for our vet-
                                                                                                        and instruments.
                                                lected—                                                    (g) REPORTS TO CONGRESS.—                           eran heroes.
                                                  (A) has an established mental health reha-               (1) ANNUAL REPORTS.—Not later than one                I now yield such time as she may
                                                bilitation program that includes a clinical             year after the date of the commencement of             consume to my good friend and col-
                                                focus on rehabilitation treatment of post-de-           the pilot program, and annually thereafter             league from New York, Chairwoman
                                                ployment mental health conditions and post-             for the duration of the pilot program, the             BUERKLE, to further discuss the provi-
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                                                traumatic stress disorder; and                          Secretary shall submit to Congress a report            sions of H.R. 2074, as amended.
                                                  (B) has a demonstrated capability and ca-             on the pilot program. Each such report shall             Ms. BUERKLE. I thank the chair-
                                                pacity to incorporate service dog training              include—
                                                activities into the rehabilitation program;                (A) the number of veterans participating in
                                                and                                                     the pilot program;                                       Madam Speaker, I rise in strong sup-
                                                  (2) shall review and consider using rec-                 (B) a description of the services carried out       port of H.R. 2074, as amended, the Vet-
                                                ommendations published by Assistance Dogs               by the Secretary under the pilot program;              erans Sexual Assault Prevention and
                                                International, International Guide Dog Fed-             and                                                    Health Care Enhancement Act. H.R.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                H6691
                                                2074, as amended, includes several wor-                 to some of our Nation’s most vulner-                   pilot program to assess the effective-
                                                thy legislative proposals brought forth                 able veterans. By requiring the VA to                  ness of addressing post-deployment
                                                by the Members from both sides re-                      enter into a contract or agreement sep-                mental health and post-traumatic
                                                flecting the subcommittee’s oversight                   arately with each State home based on                  stress disorder, PTSD symptoms,
                                                and activities to date.                                 the particular needs of that veteran,                  through service dog training therapy.
                                                  This bill would create a safer Depart-                this bill would correct an unintended                    This legislation would allow for the
                                                ment of Veterans Affairs health care                    consequence in law that has negatively                 expansion of promising and successful
                                                system, allow for greater flexibility in                impacted certain State homes and,                      service dog training therapy programs
                                                VA payments to State Veterans homes,                    consequently, the veterans under their                 currently in use at the VA Medical
                                                break down barriers to care for vet-                    care.                                                  Center in Palo Alto, California, and the
                                                erans with traumatic brain injury,                         This proposal was spearheaded by my                 National Intrepid Center of Excellence
                                                clarify access rights of service dogs on                friend and colleague, the ranking mem-                 in Bethesda, Maryland. Veterans par-
                                                VA property, and expand an innovative                   ber from Maine, Mr. MIKE MICHAUD. I                    ticipating in these programs have dem-
                                                therapeutic option for veterans strug-                  would like to thank him for his advo-                  onstrated improved emotional regula-
                                                gling with post-traumatic stress.                       cacy and his hard work in advancing                    tion, social integration, sleep patterns,
                                                  Section 2 of the bill would require                   this proposal and recognizing the great                and a sense of purpose and personal
                                                the VA to develop a comprehensive pol-                  service that our State homes provide.                  safety.
                                                icy on the prevention, monitoring, re-                     Madam Speaker, section 4 of the bill                  The prevalence, Madam Speaker, of
                                                porting, and tracking of sexual as-                     would improve the provision of reha-                   post-deployment mental health issues
                                                saults and other safety instances at VA                 bilitative care to veterans with trau-                 and post-traumatic stress disorder is
                                                facilities. I, along with the chairman,                 matic brain injury by including the                    rising among our veteran population,
                                                introduced this measure in response to                  goal of maximizing independence and                    with over 190,000 veterans of Iraq and
                                                a disturbing report issued by the Gov-                  improving behavioral and mental                        Afghanistan having sought treatment
                                                ernment Accountability Office in early                  health functioning within individual                   in VA for post-traumatic stress dis-
                                                June of this year regarding the preva-                  rehabilitation and reintegration pro-                  order.
                                                lence of sexual assaults and other safe-                grams.
                                                ty instances on VA property and the                                                                                              b 1450
                                                                                                           It would also require that rehabilita-
                                                very serious safety vulnerabilities, se-                tive services be included within any                     Veterans who struggle with mental
                                                curity problems, and oversight failures                 comprehensive long-term care services                  health issues need and deserve the very
                                                by VA leadership.                                       for veterans with traumatic brain in-                  best we can provide in care and treat-
                                                  Abusive behavior like the kind docu-                  jury. Many concerns have been raised                   ment. Providing them with every tool
                                                mented by GAO is unacceptable in any                    by veterans and veterans service orga-                 necessary to reintegrate healthfully
                                                form, but for it to be found in what                    nizations that current law is being in-                back into their families and home com-
                                                should be an environment of caring for                  appropriately interpreted to limit re-                 munities and achieve maximum health
                                                our honored veterans is simply intoler-                 habilitative care for veterans with TBI                and wellness is one of my and my sub-
                                                able.                                                                                                          committee’s top priorities.
                                                                                                        to only those services that restore
                                                  As a registered nurse and domestic                                                                             We must continue to explore new and
                                                violence counselor, I am all too famil-                                                                        innovative therapeutic options to al-
                                                                                                           Madam Speaker, it is vital that we
                                                iar with the corrosive and harmful ef-                                                                         leviate the symptoms of post-trau-
                                                                                                        ensure that the recovery process for
                                                fects sexual and physical violence can                                                                         matic stress; and I thank my friend
                                                                                                        our veterans, especially those facing a
                                                have on the lives of its victims. It is an                                                                     and fellow New Yorker, Mr. MICHAEL
                                                                                                        lifetime of cognitive and neurological
                                                experience I wish on no one, much less                                                                         GRIMM, for his previous service to our
                                                                                                        impairment, is ongoing, unburdened by
                                                one of our Nation’s heroes or hard-                                                                            country in the Marine Corps and for his
                                                working medical professionals.                          institutional barriers, and extends be-
                                                                                                        yond a strictly medical model to in-                   very strong commitment to moving
                                                  Madam Speaker, it is critically im-
                                                                                                        clude services that allow those strug-                 this initiative forward to assist his fel-
                                                portant that we take every available
                                                                                                        gling to advance functional gains and                  low veterans.
                                                step to protect the personal safety and
                                                                                                        reintegrate successfully into their                      Finally, Madam Speaker, section 7 of
                                                well-being of our veterans who seek
                                                                                                        home communities.                                      the bill would eliminate the require-
                                                care through the VA and all of the
                                                                                                           Madam Speaker, this provision was                   ment for the VA to provide Congress
                                                hardworking employees who strive to
                                                                                                        introduced by Mr. TIM WALZ of Min-                     with an annual report on staffing for
                                                provide that care on a daily basis.
                                                  The provisions included in this bill                  nesota, a veteran and valuable member                  nurses and nurse anesthetists. This
                                                would require VA to develop clear and                   of our Subcommittee on Health, and I                   cumbersome and costly report was en-
                                                comprehensive criteria with respect to                  would like to extend my personal grati-                acted almost 11 years ago. It is esti-
                                                the reporting of instances for both clin-               tude to him for his service and for this               mated to cost approximately $113,000
                                                ical and law enforcement personnel, a                   proposal.                                              per year to produce. The report’s in-
                                                comprehensive policy on reporting and                      Section 5 of the bill would clarify the             tended purpose was to keep Congress
                                                tracking, risk assessment tools, a man-                 access rights of service dogs on VA                    apprised of recruitment and retention
                                                datory safety awareness and prepared-                   property and in VA facilities. This pro-               issues facing certain nursing positions
                                                ness training program for employees,                    vision, introduced by Mr. JOHN CARTER                  within the VA. However, following
                                                appropriate physical security pre-                      of Texas, would amend an outdated VA                   that, Congress enacted Public Law 107–
                                                cautions, and a centralized and ac-                     policy that has left some disabled vet-                135, the Veterans Affairs Health Care
                                                countable oversight system.                             erans and service dogs they need to                    Programs Enhancement Act, which
                                                  Madam Speaker, I’m confident that                     function out in the cold.                              fundamentally strengthened VA’s abil-
                                                these requirements will resolve the                        Unlike guide dogs for visually im-                  ity to recruit and retain qualified nurs-
                                                many wrongs uncovered by the GAO                        paired veterans, service dogs are not                  ing professionals through additional
                                                and ensure that the VA health care                      guaranteed entry at VA facilities under                employee benefits and incentives.
                                                system remains a safe haven of healing                  Federal law. Recognizing the immense                     Reporting requirements included in
                                                for our honored veterans.                               therapeutic value service dogs can                     this law, as well as a variety of other
                                                  Madam Speaker, section 3 of the bill                  have in promoting functionality and                    ways and means in which Congress can
                                                would allow for increased flexibility in                independence for our veterans, this                    obtain such data, render this report un-
                                                establishing rates for reimbursement                    provision would require that service                   necessary. Further, for the last several
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                                                to State homes for nursing home care                    dogs do have access to VA facilities                   years, the report has concluded that
                                                provided to veterans with a service-                    consistent with the same terms and                     nurse staffing remain stable within the
                                                connected disability rated at 70 percent                conditions and subject to the same reg-                Veterans Affairs Department. Addi-
                                                or greater, or in need of such care due                 ulations as generally govern the admit-                tionally, eliminating the burdensome
                                                to a service-connected condition.                       tance of guide dogs on VA property.                    reporting requirement does not in any
                                                  State veterans homes have a long                         Madam Speaker, section 6 of this bill               way reduce other existing require-
                                                history of providing high quality care                  would direct VA to carry out a 3-year                  ments for VA to gather information on

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                                                H6692                                              CONGRESSIONAL RECORD — HOUSE                                                      October 11, 2011
                                                nurse staffing facility leadership, en-                 vote for the bill. But we’re sending a                 are then given to physically disabled
                                                suring that such data continues to be                   message here to the entire 250,000                     veterans to help them with their daily
                                                readily available to Congress and other                 working people of this VA that we’re                   activities.
                                                stakeholders.                                           not really concerned about them, we’re                   Simply put, this program treats vet-
                                                  Madam Speaker, it has been an honor                   not reporting them, we’re not getting                  erans suffering from PTSD while at the
                                                for me to work with my colleagues in a                  to those people covering up, we’re not                 same time aiding those suffering from
                                                truly bipartisan manner to move H.R.                    getting at those people who protect                    physical disabilities. Since it was in-
                                                2074, as amended, forward; and I would                  each other, we’re not getting at those                 troduced, this legislation has gained
                                                like to thank each of them, particu-                    who have violated the law by not re-                   the bipartisan support of 96 cosponsors.
                                                larly Chairman JEFF MILLER and Rank-                    porting such incidents.                                With veteran suicide rates at all-time
                                                ing Member BOB FILNER, and Health                         Let’s go after them. Let’s give our                  highs and more and more servicemen
                                                Subcommittee ranking member, MIKE                       veterans some comfort that their safe-                 and -women being diagnosed with
                                                MICHAUD, for their tireless support on                  ty is protected.                                       PTSD, this bill meets a crucial need for
                                                behalf of our honored veterans.                           I reserve the balance of my time.                    additional treatment methods. I be-
                                                  Madam Speaker, I urge all of my col-                    Mr. MILLER of Florida. Madam                         lieve that by caring for our Nation’s
                                                leagues to join me in supporting this                   Speaker, I associate myself with the                   veterans, while at the same time pro-
                                                important legislation.                                  comments of my colleague. It is egre-                  viding assistance dogs to those with
                                                  Mr. FILNER. Madam Speaker, I yield                    gious that there have been so many                     physical disabilities, we create a win-
                                                myself such time as I may consume.                      sexual assaults that have, in fact, gone               win scenario for everyone. This is a
                                                  Obviously, nothing is more impor-                     unreported by the VA. I would encour-                  goal we can all be proud to accomplish.
                                                tant than the safety of our veterans;                   age my good friend and his colleagues                    Just as an added bonus, we provide
                                                and this bill, H.R. 2074, contains many                 to work with us and provide amend-                     these wonderful animals with a loving
                                                provisions to help improve the safety                   ments in any way that they see impor-                  and safe environment. And that’s why I
                                                and health care of our veterans.                        tant to help bills like this strengthen                strongly urge all of my colleagues to
                                                  Because of a report I requested as                    the reporting requirements and to help                 join me in support of H.R. 2074.
                                                chair, the GAO presenter ‘‘VA Health                    us in an oversight and investigative re-                                              AMVETS,
                                                Care: Actions Needed to Prevent Sex-                    sponse of this Congress, which is trying                              Lanham, MD, October 11, 2011.
                                                ual Assaults and Other Safety Inci-                     to do more on the oversight and inves-                 Hon. MICHAEL GRIMM,
                                                dents.’’ That report found that vet-                    tigative side. The last Congress did                   House of Representatives, Cannon House Office
                                                erans and employees were exposed to                     very little, and even those under Re-                      Building, Washington, DC.
                                                personal dangers, including sexual as-                                                                           DEAR CONGRESSMAN GRIMM: On behalf of
                                                                                                        publican administrations did very lit-
                                                                                                                                                               AMVETS (American Veterans), I am writing
                                                saults, in the very facilities that                     tle.                                                   to express our support of H.R. 198, the ‘‘Vet-
                                                should be protecting them.                                We’re trying to reengage the over-                   erans Dog Training Therapy Act.’’ AMVETS
                                                  And, Madam Speaker, I think we                        sight and investigation side, and I                    supports the updated language of H.R. 198
                                                ought to be more outraged given the                     think that it is very important that we                that is now an amendment in H.R. 2074. We
                                                findings of that report. That report                    work together; and I do commend my                     believe the current language in H.R. 2074 will
                                                found that there were not just dozens                   good friend for his outrage on this par-               ensure this bill provides our veterans the
                                                of alleged sexual assaults that went un-                ticular report that came out, and I will               highest quality care, while at the same time
                                                reported, not even scores of such as-                   work with him in any way possible.                     maintaining our commitment to fiscal re-
                                                saults, but hundreds of them—hundreds                                                                          sponsibility.
                                                                                                          With that, I yield such time as he                     As you may know, AMVETS has partnered
                                                of sexual assaults alleged but not re-                  may consume to my good friend from                     with the Assistance Dogs International
                                                ported by those who had the obligation                  the Staten Island area of New York,                    (ADI) accredited Assistance Dog agency
                                                and responsibility to report them.                      the 13th Congressional District, Con-                  Paws With A Cause for over 30 years, in an
                                                  How are our veterans protected when                   gressman GRIMM.                                        effort to help provide disabled veterans Serv-
                                                they can’t even have a report of an al-                   Mr. GRIMM. Thank you, Chairman                       ice Dogs. Through our experiences we have
                                                leged assault? What message does that                   MILLER.                                                seen what an immeasurable asset these dogs
                                                give to people that the military & the                    I rise today in strong support of H.R.               have proven to be to both the trainers and
                                                VA care about what’s going on here                      2074, which includes the text of H.R.                  recipients. This has included, but is not lim-
                                                                                                                                                               ited to, improvements in both physical and
                                                and what’s going on with their safety?                  198, the Veterans Dog Training Ther-                   mental health, quality of life and the inde-
                                                That’s who we should be going after                     apy Act. That’s a bill that I introduced               pendence these dogs afford disabled veterans.
                                                here, by the way. It’s very clear who                   along with our lead cosponsor, House                     Furthermore, AMVETS believes H.R. 198,
                                                has the responsibility about reporting                  Veterans’ Affairs Health Subcommittee                  as an amendment in H.R. 2074, will prove to
                                                such assaults, and yet they were not                    Ranking Member MICHAUD. A special                      be both beneficial to veterans and to the De-
                                                reported in the hundreds of cases, and                  thank you to the ranking member. As                    partment of Veterans Affairs in the develop-
                                                that was only, by the way, at some se-                  a marine combat veteran, it’s a unique                 ment of stronger policies and procedures re-
                                                                                                                                                               garding Service Dogs within the VA health
                                                lected study places. Who knows what                     honor for me to see this bill considered
                                                                                                                                                               care system, as well as being fiscally respon-
                                                we would have found in the whole insti-                 today by the full House.                               sible through the partnering of VA facilities
                                                tution?                                                   Over the past 9 months, I’ve had the                 with private sector industry expert ADI
                                                  I don’t know that the VA has ever                     honor to meet with our Nation’s vet-                   agencies for this study.
                                                reprimanded any of those people. I                      erans who are now faced with the chal-                   AMVETS lends our support to H.R. 198, as
                                                don’t know that the VA has ever said                    lenges of coping with PTSD and phys-                   an amendment in H.R. 2074 and again ap-
                                                to the Veterans Administration that                     ical disabilities resulting from their                 plauds your dedication to our veteran com-
                                                this will not be tolerated, that not only               service in Iraq and Afghanistan. Their                 munity.
                                                are we going to report on them, but in-                 stories are not for the weak of heart,
                                                                                                                                                                                    CHRISTINA M. ROOF,
                                                vestigate them and bring people to jus-                 and they’re truly moving, with these                            National Deputy Legislative Director.
                                                tice. I don’t know that any of that has                 personal accounts of their recovery,
                                                happened. That’s what this bill should                  both physical and mental, and the im-                                  b 1500
                                                be trying to focus on. What happens to                  portant role therapy and service dogs                    Mr. FILNER. I yield such time as he
                                                those people who don’t report them?                     played that inspired this legislation.                 may consume to the ranking member
                                                What happens to the cover-ups? What                       The Veterans Dog Training Therapy                    of our Health Subcommittee, someone
                                                happens to those who protect each                       Act would require the Department of                    who has served for 4 years as the chair
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                                                other as people are assaulted?                          Veterans Affairs to conduct a pilot pro-               and who has done so much good for our
                                                  I’m not sure that we have come to                     gram in VA medical centers assessing                   veterans throughout the Nation, the
                                                grips with this issue. This report was                  the effectiveness of addressing post-de-               gentleman from Maine (Mr. MICHAUD).
                                                outrageous. This report was incredibly,                 ployment mental health and PTSD                          Mr. MICHAUD. I thank Ranking
                                                incredibly tragic. And all I find is we                 through the therapeutic medium of                      Member, FILNER for yielding.
                                                are going to do some process changes                    training service dogs for veterans with                  As my colleagues have stated, our
                                                in here—and I support those, and we’ll                  disabilities. These trained service dogs               veterans’ safety should be one of our

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                    H6693
                                                top priorities, and the Veterans Sexual                 into their facilities, a directive good                I doubt that there was anything more
                                                Assault Prevention and Health Care                      for 5 years. I applaud the VA in that ef-              than a note saying they should do bet-
                                                Enhancement Act does just that.                         fort, but this bill makes this directive               ter in the future. I hope I’m wrong, but
                                                  I would like to thank Chairman MIL-                   permanent.                                             I will tell you that the history of per-
                                                LER and Ranking Member BOB FILNER,                        This is important for these veterans.                sonnel actions in response to acts such
                                                the chair of the subcommittee, as well                  If you see them with their dogs, you’ll                as these has not been one that gives
                                                as all of my colleagues on the House                    know that the friendship and the love                  confidence to me that we have sent the
                                                Veterans Affairs’ Committee, for work-                  and the affection and assistance that                  right message.
                                                ing in such a bipartisan manner to get                  these dogs provide is invaluable to our                  So I will work with the chair to do
                                                this very important health care bill to                 injured veterans.                                      whatever we can to send the right mes-
                                                the floor.                                                Harry Truman once made the state-                    sage from this Congress and from the
                                                  Within H.R. 2074, I would like to                     ment, If you want a friend in Wash-                    American people that these acts will
                                                highlight two important provisions,                     ington, D.C., get a dog. I am just trying              not be tolerated.
                                                and you heard the chairwoman explain                    to make sure by this bill—and we are                     I yield back the balance of my time.
                                                the bill very eloquently.                               trying to make sure—that our veterans                    Mr. MILLER of Florida. Madam
                                                  The first provision I would like to                   don’t have to leave their friends out-                 Speaker, I commit to working with the
                                                highlight is section 2, which was of-                   side the door.                                         ranking member on the further report-
                                                fered by the chair of the Subcommittee                    Mr. FILNER. I have no further re-                    ing of these incidents. I would add that
                                                on Health, Ms. BUERKLE. The provision                   quests for time and would be prepared                  this particular piece of legislation
                                                will correct the troubling findings in a                to close once the chairman has no fur-                 does, in fact, incorporate every single
                                                GAO report. The report essentially                      ther speakers.                                         recommendation that the GAO gave to
                                                found that veterans and employees                         Mr. MILLER of Florida. I have no                     this committee in their report.
                                                were exposed to personal dangers, in-                   further requests for time.                                               GENERAL LEAVE
                                                cluding sexual assault. This is simply                    Mr. FILNER. I yield myself such                        Mr. MILLER of Florida. I ask unani-
                                                unacceptable, and I want to thank the                   time as I may consume.                                 mous consent that all Members have 5
                                                subcommittee chair for offering this                      As I said earlier, this is a bill that               legislative days to revise and extend
                                                bill to us.                                             has a lot of good things in it, and I                  their remarks.
                                                  The second provision I would like to                  wish we had gone further.                                The SPEAKER pro tempore. Is there
                                                highlight is in section 3, my provision                   I met with the GAO this morning.                     objection to the request of the gen-
                                                of the bill. Section 3 would provide                    They said they could follow up reports                 tleman from Florida?
                                                much needed flexibility in the way the                  such as this with an investigation of                    There was no objection.
                                                State veterans’ homes get reimbursed                    personnel actions, for example, and                      Mr. MILLER of Florida. I encourage
                                                for the care they provide to veterans                   could report back to us in terms that                  all Members to support this legislation,
                                                who need that care for a service-con-                   don’t violate any civil service protec-                and I yield back the balance of my
                                                nected condition or a service-connected                 tions that they would provide a third                  time.
                                                condition of 70 percent or greater. This                party kind of review of the personnel                    The SPEAKER pro tempore. The
                                                will ensure that these veterans are not                 actions that may have resulted from                    question is on the motion offered by
                                                put out on the streets.                                 their recommendations.                                 the gentleman from Florida (Mr. MIL-
                                                  The Subcommittee on Health has                          You don’t have to answer now, but I                  LER) that the House suspend the rules
                                                been working on this bill for well over                 would be prepared to work with the                     and pass the bill, H.R. 2074, as amend-
                                                2 years, and now I am finally pleased to                chair to request such an investigation,                ed.
                                                see that this bill is moving forward.                   because what we have done here is, in                    The question was taken; and (two-
                                                Hopefully, my colleagues on both sides                  response to the report that said report-               thirds being in the affirmative) the
                                                of the aisle will support this very im-                 ing requirements were not met in hun-                  rules were suspended and the bill, as
                                                portant piece of legislation as we have                 dreds of cases at some few selected                    amended, was passed.
                                                to do all that we can to help our vet-                  sites that they examined, merely add                     The title was amended so as to read:
                                                erans and their families. This bill is                  new reporting requirements. They                       ‘‘A bill to amend title 38, United States
                                                one that takes a different approach to                  didn’t follow the first ones, so what                  Code, to require a comprehensive pol-
                                                dealing with our veterans and their                     good are more reporting requirements                   icy on reporting and tracking sexual
                                                problems.                                               going to do?                                           assault incidents and other safety inci-
                                                  Mr. MILLER of Florida. Madam                            There have to be some actions on the                 dents that occur at medical facilities
                                                Speaker, I yield 2 minutes to the gen-                  part of the Veterans Administration                    of the Department of Veterans Affairs,
                                                tleman from the 31st District of Texas                  that say to our employees, that say to                 to improve rehabilitative services for
                                                (Mr. CARTER).                                           our veterans that there shall be no sex-               veterans with traumatic brain injury,
                                                  Mr. CARTER. I thank the chairman                      ual assaults on our sites. Yet what                    and for other purposes.’’.
                                                for yielding.                                           we’re saying here is, oh, we’ll add a few                A motion to reconsider was laid on
                                                  I want to thank the chairman and                      more reporting requirements. That                      the table.
                                                chairwoman for adopting H.R. 2074 to                    doesn’t send a message, because we al-                                   f
                                                include H.R. 1154, the Veterans Equal                   ready had the reporting requirements.
                                                                                                                                                                                    b 1510
                                                Treatment for Service Dogs—the vet                        Let’s try to find a way—and I’ll work
                                                dogs—bill.                                              with the chair to do this—to send a                    NOTIFYING CONGRESS OF CON-
                                                  This ensures that veterans with serv-                 message to our agency, not that we’re                    FERENCES SPONSORED BY DE-
                                                ice dogs have equal access to VA facili-                going to pass another few rules, but                     PARTMENT OF VETERANS AF-
                                                ties. It amends title 38 of the U.S.C. to               that we’re going to take this seriously,                 FAIRS
                                                ensure that the VA allows medical                       that we’re going to demand that the                      Mr. MILLER of Florida. Madam
                                                service dogs in addition to seeing eye                  employees who did not follow what is                   Speaker, I move to suspend the rules
                                                and guide dogs in VA facilities. This is                clearly stated in rules and law about                  and pass the bill (H.R. 2302) to amend
                                                sort of a no-brainer. A medical service                 reporting alleged cases of sexual as-                  title 38, United States Code, to direct
                                                dog’s usage has been expanded to deal                   sault be terminated. In my opinion,                    the Secretary of Veterans Affairs to
                                                with all types of brain injury, hearing                 they ought to have been terminated.                    notify Congress of conferences spon-
                                                loss, seizures, vets who have lost                      This is so serious, and it would have                  sored by the Department of Veterans
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                                                limbs—for assistance mobility—and                       sent such a good message to those who                  Affairs, as amended.
                                                there are many other important areas                    might either perpetrate assault or to                    The Clerk read the title of the bill.
                                                in which these service dogs are making                  those who are victims of such assault.                   The text of the bill is as follows:
                                                our veterans better.                                      They should have been terminated. I                                      H.R. 2302
                                                  Both the ADA and the Rehabilitation                   doubt that they were. I doubt that they                  Be it enacted by the Senate and House of Rep-
                                                Act support this bill. The VA issued a                  were removed from their jobs. I would                  resentatives of the United States of America in
                                                directive recently to allow service dogs                hope the VA might contradict me, but                   Congress assembled,

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                                                H6694                                              CONGRESSIONAL RECORD — HOUSE                                                        October 11, 2011
                                                SECTION 1. QUARTERLY REPORTS TO CONGRESS                   ‘‘(c) COVERED MEMBER OF THE COMMITTEE.—             every tax dollar is precious, it is our
                                                            ON CONFERENCES SPONSORED BY                 In this section, the term ‘covered member of the
                                                            THE DEPARTMENT.
                                                                                                                                                               duty to ensure that VA conferences
                                                                                                        committee’ means the following:                        spend those dollars wisely. This would
                                                  (a) IN GENERAL.—Subchapter I of chapter 5 of             ‘‘(1) The chairman or ranking member of the
                                                title 38, United States Code, is amended by add-        Committee on Veterans’ Affairs of the House of
                                                                                                                                                               be an appropriate provision in any eco-
                                                ing at the end the following new section:               Representatives or the Committee on Veterans’          nomic situation, not just in today’s
                                                ‘‘§ 517. Quarterly reports to Congress on con-          Affairs of the Senate.                                 stagnant economy.
                                                   ferences sponsored by the Department                    ‘‘(2) A chairman or ranking member of a sub-          Section 2 includes the provisions of
                                                   ‘‘(a) QUARTERLY REPORTS REQUIRED.—Not                committee of the Committee on Veterans’ Affairs        Chairman MILLER’s bill, H.R. 2388, that
                                                later than 30 days after the end of each fiscal         of the House of Representatives or the Com-            would streamline the committee’s abil-
                                                quarter, the Secretary shall submit to the Com-         mittee on Veterans’ Affairs of the Senate.             ity to get information from the VA. It
                                                mittee on Veterans’ Affairs of the House of Rep-           ‘‘(3) The designee of a chairman or ranking
                                                                                                                                                               has been our experience that VA incor-
                                                resentatives and the Committee on Veterans’ Af-         member described in paragraph (1) or (2).’’.
                                                                                                           (b) CONFORMING AMENDMENT.—The table of              rectly uses the Health Insurance Port-
                                                fairs of the Senate a report on covered con-                                                                   ability and Accessibility Act, or
                                                ferences.                                               sections at the beginning of such chapter is
                                                   ‘‘(b) MATTERS INCLUDED.—Each report under            amended by inserting after the item relating to        HIPAA, to deny or delay providing in-
                                                subsection (a) shall include the following:             section 529 the following new item:                    formation needed to resolve our con-
                                                   ‘‘(1) An accounting of the final costs to the        ‘‘529A. Submission of certain information by the       stituents’ cases. This bill would make
                                                Department of each covered conference occur-                            Secretary to Congress.’’.              it clear that requests for information
                                                ring during the fiscal quarter preceding the date       SEC. 3. PUBLICATION OF DATA ON EMPLOYMENT              for the committee’s constitutional
                                                on which the report is submitted, including the                     OF CERTAIN VETERANS BY FEDERAL             oversight duties are deemed to be an
                                                costs related to—                                                   CONTRACTORS.
                                                                                                                                                               authorized disclosure under the Pri-
                                                   ‘‘(A) transportation and parking;                      Section 4212(d) of title 38, United States Code,
                                                   ‘‘(B) per diem payments;                             is amended by adding at the end the following          vacy Act and HIPAA.
                                                   ‘‘(C) lodging;                                       new paragraph:                                           Section 3 includes provisions intro-
                                                   ‘‘(D) rental of halls, auditoriums, or other           ‘‘(3) The Secretary of Labor shall establish         duced by the ranking member of the
                                                spaces;                                                 and maintain an Internet website on which the          Subcommittee on Disability Assistance
                                                   ‘‘(E) rental of equipment;                           Secretary shall publicly disclose the information      and Memorial Affairs, Mr. MCNERNEY,
                                                   ‘‘(F) refreshments;                                  reported to the Secretary of Labor by contrac-         that would require the Department of
                                                   ‘‘(G) entertainment;                                 tors under paragraph (1).’’.                           Labor to include veterans’ employment
                                                   ‘‘(H) contractors; and                                 The SPEAKER pro tempore. Pursu-
                                                   ‘‘(I) brochures or other printed media.
                                                                                                                                                               information submitted by Federal con-
                                                   ‘‘(2) The total estimated costs to the Depart-       ant to the rule, the gentleman from                    tractors on the Department’s Web site.
                                                ment for covered conferences occurring during           Florida (Mr. MILLER) and the gen-                        Madam Speaker, title 38, United
                                                the fiscal quarter in which the report is sub-          tleman from California (Mr. FILNER)                    States Code, section 4212 requires Fed-
                                                mitted.                                                 each will control 20 minutes.                          eral contractors to implement an af-
                                                   ‘‘(c) COVERED CONFERENCE DEFINED.—In this              The Chair recognizes the gentleman                   firmative action plan to hire veterans
                                                section, the term ‘covered conference’ means a          from Florida.                                          and to report on the success of that
                                                conference, meeting, or other similar forum that          Mr. MILLER of Florida. Madam                         program. It is unfortunate that the De-
                                                is sponsored or co-sponsored by the Department          Speaker, I yield myself such time as I
                                                of Veterans Affairs and is—
                                                                                                                                                               partment of Labor, under several ad-
                                                   ‘‘(1) attended by 50 or more individuals, in-
                                                                                                        may consume.                                           ministrations, has largely ignored data
                                                cluding one or more employees of the Depart-              I rise in strong support of H.R. 2302,               that shows the extent to which Federal
                                                ment; or                                                as amended. It amends title 38, United                 contractors are complying with the
                                                   ‘‘(2) estimated to cost the Department at least      States Code, that directs the Secretary                law. While I am aware of renewed ef-
                                                $20,000.’’.                                             of the Department of Veterans Affairs                  forts by the Office of Federal Con-
                                                   (b) CLERICAL AMENDMENT.—The table of sec-            to notify Congress of certain con-                     tractor Compliance to enforce the law,
                                                tions at the beginning of such chapter is amend-        ferences sponsored by the VA. It’s a                   Mr. MCNERNEY’s provision will help
                                                ed by adding after the item relating to section
                                                                                                        good government bill. It provides addi-                focus their attention on this issue, and
                                                516 the following:
                                                                                                        tional transparency. It shifts VA and                  I thank him for this important provi-
                                                ‘‘517. Quarterly reports to Congress on con-
                                                                                                        Department of Defense GI Bill report-                  sion.
                                                                ferences sponsored by the Depart-
                                                                ment.’’.                                ing requirements from chapter 30 to                      Each of these provisions will increase
                                                SEC. 2. SUBMISSION OF CERTAIN INFORMATION               chapter 33.                                            the transparency of Federal programs
                                                           BY THE SECRETARY OF VETERANS                   This legislation is sponsored by the                 and improve our ability to hold the
                                                           AFFAIRS.                                     chairman of our Subcommittee on Eco-                   Federal Government accountable for
                                                  (a) IN GENERAL.—Subchapter II of chapter 5            nomic Opportunity, the gentleman                       not just funding but also its actions in
                                                of title 38, United States Code, is amended by in-      from Indiana (Mr. STUTZMAN). My                        managing the programs under our ju-
                                                serting after section 529 the following new sec-        thanks go out to him as well as the                    risdiction. I am also happy to report
                                                                                                        ranking member, Mr. FILNER, and also                   that my amendment has been scored by
                                                ‘‘§ 529A. Submission of certain information by          the ranking member of the sub-
                                                   the Secretary to Congress
                                                                                                                                                               CBO as having insignificant costs.
                                                                                                        committee, Mr. BRALEY of Iowa, for                       So I urge my colleagues to support
                                                   ‘‘(a) IN GENERAL.—The submission of informa-         their efforts.                                         H.R. 2302, and I thank Ranking Member
                                                tion by the Secretary to the Committee on Vet-
                                                                                                          With that, I yield such time as he                   BRALEY for his support of the sub-
                                                erans’ Affairs of the House of Representatives or
                                                the Committee on Veterans’ Affairs of the Sen-          may consume to the distinguished gen-                  committee’s work.
                                                ate in response to a request for such information       tleman from Indiana (Mr. STUTZMAN),                      Mr. FILNER. Madam Speaker, I en-
                                                made by a covered member of the committee               chairman of the Subcommittee on Eco-                   dorse the arguments just made by the
                                                shall be deemed to be—                                  nomic Opportunity.                                     chairman of the subcommittee.
                                                   ‘‘(1) a covered disclosure under section               Mr. STUTZMAN. Thank you, Mr.                           I have no requests for time, and I
                                                552a(b)(9) of title 5; and                              Chairman.                                              yield back the balance of my time.
                                                   ‘‘(2) a permitted disclosure under regulations         Madam Speaker, H.R. 2302, as amend-                                    GENERAL LEAVE
                                                promulgated under section 264(c) of the Health
                                                                                                        ed, contains provisions from three dif-                  Mr. MILLER of Florida. Madam
                                                Insurance Portability and Accountability Act of
                                                1996 (Public Law 104–191), including a permitted        ferent bills. Section one retains the                  Speaker, I ask unanimous consent that
                                                disclosure for oversight activities authorized by       transparency concepts in the original                  all Members have 5 legislative days in
                                                law as described in section 164.512(d) of title 45,     version of the bill but responds par-                  which to revise and extend their re-
                                                Code of Federal Regulations.                            tially to VA’s concerns about the scope                marks on H.R. 2302, as amended.
                                                   ‘‘(b) SUBMISSION TO CHAIRMAN.—With respect           of covered conferences by increasing                     The SPEAKER pro tempore. Is there
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                                                to a request for information described in sub-          the reporting threshold to conferences                 objection to the request of the gen-
                                                section (a) made by a covered member of the             costing $20,000 or more. The catalyst                  tleman from Florida?
                                                committee who is not the chairman, the Sec-
                                                                                                        for this provision was a large VA con-                   There was no objection.
                                                retary shall also submit such information to the
                                                chairman of the Committee on Veterans’ Affairs          ference held recently in Scottsdale, Ar-                 Mr. MILLER of Florida. I once again
                                                of the House of Representatives or the Com-             izona, that lasted 11 days and included                encourage all my colleagues to support
                                                mittee on Veterans’ Affairs of the Senate, as the       $97,000 for consultant services out of a               this legislation, and I yield back the
                                                case may be.                                            total cost of $221,500. At a time when                 balance of my time.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                       H6695
                                                  The SPEAKER pro tempore. The                          retary shall take appropriate personnel actions          (b) EFFECTIVE DATE.—The amendment made
                                                question is on the motion offered by                    with respect to any employee or manager who,           by subsection (a) shall take effect on the date
                                                the gentleman from Florida (Mr. MIL-                    after being given two opportunities for remedi-        that is one year after the date of the enactment
                                                                                                        ation under subparagraph (A), does not receive         of this Act.
                                                LER) that the House suspend the rules
                                                                                                        a satisfactory result on an assessment under             (c) EXTENSION OF AUTHORITY TO OBTAIN CER-
                                                and pass the bill, H.R. 2302, as amend-                 paragraph (1)(A).                                      TAIN INFORMATION FROM DEPARTMENT OF
                                                ed.                                                       (c) LOCATIONS AND DURATION.—The Secretary            TREASURY.—Section 5317(g) of title 38, United
                                                  The question was taken; and (two-                     shall carry out the pilot program under this sec-      States Code, is amended by striking ‘‘2011’’ and
                                                thirds being in the affirmative) the                    tion at five regional offices of the Veterans Ben-     inserting ‘‘2013’’.
                                                rules were suspended and the bill, as                   efits Administration during the four-year period       SEC. 4. AUTHORIZATION OF USE OF ELECTRONIC
                                                amended, was passed.                                    beginning on the date of the commencement of                       COMMUNICATION TO PROVIDE NO-
                                                                                                        the pilot program.                                                 TICE TO CLAIMANTS FOR BENEFITS
                                                  The title was amended so as to read:                    (d) AUTHORIZATION OF APPROPRIATIONS.—                            UNDER LAWS ADMINISTERED BY
                                                ‘‘A bill to amend title 38, United States               There is authorized to be appropriated to carry                    THE SECRETARY OF VETERANS AF-
                                                Code, to direct the Secretary of Vet-                                                                                      FAIRS.
                                                                                                        out this section a total of $5,000,000 for fiscal
                                                erans Affairs to notify Congress of con-                years 2012 through 2016.                                 (a) IN GENERAL.—Section 5103 of title 38,
                                                                                                          (e) REPORTS.—Not later than November 1 of            United States Code, is amended—
                                                ferences sponsored by the Department                                                                              (1) in subsection (a)(1)—
                                                of Veterans Affairs, and for other pur-                 each year in which the pilot program under this
                                                                                                                                                                  (A) by striking ‘‘Upon receipt of a complete or
                                                poses.’’.                                               section is carried out, the Secretary shall submit
                                                                                                                                                               substantially complete application, the’’ and in-
                                                                                                        to the Committee on Veterans’ Affairs of the
                                                  A motion to reconsider was laid on                    House of Representatives and the Committee on
                                                                                                                                                               serting ‘‘The’’;
                                                the table.                                                                                                        (B) by striking ‘‘notify’’ and inserting ‘‘pro-
                                                                                                        Veterans’ Affairs of the Senate a report on any        vide to’’; and
                                                                 f                                      assessments and training conducted under this             (C) by inserting ‘‘by the most effective means
                                                                                                        section during the previous year. Each such re-        available, including electronic communication
                                                  VETERANS’ BENEFITS TRAINING                           port shall include—                                    or notification in writing’’ before ‘‘of any infor-
                                                     IMPROVEMENT ACT OF 2011                              (1) a summary of—                                    mation’’; and
                                                                                                          (A) the results of the assessments under sub-           (2) in subsection (b), by adding at the end the
                                                  Mr. MILLER of Florida. Madam                          section (b)(1)(A);
                                                Speaker, I move to suspend the rules                                                                           following new paragraphs:
                                                                                                          (B) remediation provided under subsection               ‘‘(4) Nothing in this section shall require the
                                                and pass the bill (H.R. 2349) to amend                  (b)(2)(A); and                                         Secretary to provide notice for a subsequent
                                                title 38, United States Code, to direct                   (C) personnel actions taken under subsection
                                                                                                                                                               claim that is filed while a previous claim is
                                                the Secretary of Veterans Affairs to                    (b)(2)(B); and
                                                                                                          (2) any changes made to the training program         pending if the notice previously provided for
                                                annually assess the skills of certain                                                                          such pending claim—
                                                                                                        under subsection (b)(1)(B) based on the results
                                                employees and managers of the Vet-                      of such assessments and remediation and the ex-
                                                                                                                                                                  ‘‘(A) provides sufficient notice of the informa-
                                                erans Benefits Administration, and for                                                                         tion and evidence necessary to substantiate
                                                                                                        aminations provided under section 7732A(a)(1)
                                                other purposes, as amended.                                                                                    such subsequent claim; and
                                                                                                        of title 38, United States Code.
                                                  The Clerk read the title of the bill.                                                                           ‘‘(B) was sent within one year of the date on
                                                                                                        SEC. 3. EXCLUSION OF CERTAIN REIMBURSE-
                                                                                                                                                               which the subsequent claim was filed.
                                                  The text of the bill is as follows:                              MENTS OF EXPENSES FROM DETER-
                                                                                                                                                                  ‘‘(5)(A) This section shall not apply to any
                                                                                                                   MINATION OF ANNUAL INCOME WITH
                                                                    H.R. 2349                                      RESPECT TO PENSIONS FOR VET-                claim or issue where the Secretary may award
                                                  Be it enacted by the Senate and House of Rep-                    ERANS AND SURVIVING SPOUSES                 the maximum benefit in accordance with this
                                                resentatives of the United States of America in                    AND CHILDREN OF VETERANS.                   title based on the evidence of record.
                                                Congress assembled,                                       (a) IN GENERAL.—Paragraph (5) of section                ‘‘(B) For purposes of this paragraph, the term
                                                SECTION 1. SHORT TITLE.                                 1503(a) of title 38, United States Code, is amend-     ‘maximum benefit’ means the highest evaluation
                                                   This Act may be cited as the ‘‘Veterans’ Bene-       ed to read as follows:                                 assignable in accordance with the evidence of
                                                fits Act of 2011’’.                                        ‘‘(5) payments regarding—                           record, as long as such evaluation is supported
                                                                                                           ‘‘(A) reimbursements of any kind (including         by such evidence of record at the time the deci-
                                                SEC. 2. ASSESSMENT OF CLAIMS-PROCESSING
                                                           SKILLS PILOT PROGRAM.
                                                                                                        insurance settlement payments) for—                    sion is rendered.’’.
                                                                                                           ‘‘(i) expenses related to the repayment, re-           (b) CONSTRUCTION.—Nothing in the amend-
                                                  (a) PILOT PROGRAM.—Commencing not later               placement, or repair of equipment, vehicles,           ments made by subsection (a) shall be construed
                                                than 180 days after the date of the enactment of        items, money, or property resulting from—              as eliminating any requirement with respect to
                                                the Act, in addition to providing employee cer-            ‘‘(I) any accident (as defined in regulations       the contents of a notice under section 5103 of
                                                tification under section 7732A of title 38, United      which the Secretary shall prescribe), but the          such title that are required under regulations
                                                States Code, the Secretary of Veterans Affairs          amount excluded under this subclause shall not         prescribed pursuant to subsection (a)(2) of such
                                                shall carry out a pilot program to assess skills        exceed the greater of the fair market value or         section as of the date of the enactment of this
                                                and provide training described under subsection         reasonable replacement value of the equipment          Act.
                                                (b).                                                    or vehicle involved at the time immediately pre-       SEC. 5. DUTY TO ASSIST CLAIMANTS IN OBTAIN-
                                                   (b) BIENNIAL SKILLS ASSESSMENT AND INDIVID-          ceding the accident;                                              ING PRIVATE RECORDS.
                                                UALIZED TRAINING.—                                         ‘‘(II) any theft or loss (as defined in regula-       (a) IN GENERAL.—Section 5103A(b) of title 38,
                                                   (1) IN GENERAL.—The Secretary shall—                 tions which the Secretary shall prescribe), but        United States Code, is amended to read as fol-
                                                   (A) biennially assess the skills of appropriate      the amount excluded under this subclause shall         lows:
                                                employees and managers of the Veterans Bene-            not exceed the greater of the fair market value           ‘‘(b) ASSISTANCE IN OBTAINING PRIVATE
                                                fits Administration who are responsible for proc-       or reasonable replacement value of the item or         RECORDS.—(1) As part of the assistance pro-
                                                essing claims for compensation and pension ben-         the amount of the money (including legal tender        vided under subsection (a), the Secretary shall
                                                efits under the laws administered by the Sec-           of the United States or of a foreign country) in-      make reasonable efforts to obtain relevant pri-
                                                retary, including by requiring such employees           volved at the time immediately preceding the           vate records.
                                                and managers to take the examination provided           theft or loss; or                                         ‘‘(2)(A) Whenever the Secretary, after making
                                                under section 7732A(a)(1) of title 38, United              ‘‘(III) any casualty loss (as defined in regula-    such reasonable efforts, is unable to obtain all
                                                States Code; and                                        tions which the Secretary shall prescribe), but        of the relevant records sought, the Secretary
                                                   (B) on the basis of the results of such assess-      the amount excluded under this subclause shall         shall notify the claimant that the Secretary is
                                                ment and examination, and on any relevant re-           not exceed the greater of the fair market value        unable to obtain records with respect to the
                                                gional office quality review, develop and imple-        or reasonable replacement value of the property        claim. Such a notification shall—
                                                ment an individualized training plan related to         involved at the time immediately preceding the            ‘‘(i) identify the records the Secretary is un-
                                                such skills for each such employee and manager.         casualty loss; and                                     able to obtain;
                                                   (2) REMEDIATION.—                                       ‘‘(ii) medical expenses resulting from any acci-       ‘‘(ii) briefly explain the efforts that the Sec-
                                                   (A) REMEDIATION PROVIDED.—In providing               dent, theft, loss, or casualty loss (as defined in     retary made to obtain such records; and
                                                training under paragraph (1)(B), if any em-             regulations which the Secretary shall prescribe),         ‘‘(iii) explain that the Secretary will decide
                                                ployee or manager receives a less than satisfac-        but the amount excluded under this clause shall        the claim based on the evidence of record but
                                                tory result on any portion of an assessment             not exceed the costs of medical care provided to       that this section does not prohibit the submis-
                                                under paragraph (1)(A), the Secretary shall pro-        the victim of the accident, theft, loss, or cas-       sion of records at a later date if such submission
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                                                vide such employee or manager with remediation          ualty loss; and                                        is otherwise allowed.
                                                of any deficiency in the skills related to such            ‘‘(B) pain and suffering (including insurance          ‘‘(B) The Secretary shall make not less than
                                                portion of the assessment and, within a reason-         settlement payments and general damages                two requests to a custodian of a private record
                                                able period following the remediation, shall re-        awarded by a court) related to an accident,            in order for an effort to obtain relevant private
                                                quire the employee or manager to take the exam-         theft, loss, or casualty loss, but the amount ex-      records to be treated as reasonable under this
                                                ination again.                                          cluded under this subparagraph shall not ex-           section, unless it is made evident by the first re-
                                                   (B) PERSONNEL ACTIONS.—In accordance with            ceed an amount determined by the Secretary on          quest that a second request would be futile in
                                                titles 5 and 38, United States Code, the Sec-           a case-by-case basis;’’.                               obtaining such records.

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                                                H6696                                              CONGRESSIONAL RECORD — HOUSE                                                    October 11, 2011
                                                  ‘‘(3)(A) This section shall not apply if the evi-     ‘‘§ 5905. Penalty for certain acts                     and fair for all veterans and their fami-
                                                dence of record allows for the Secretary to                ‘‘Except as provided in section 5904 or 1984 of     lies.
                                                award the maximum benefit in accordance with            this title, whoever—                                     The first piece of this legislation ad-
                                                this title based on the evidence of record.                ‘‘(1) in connection with a proceeding before        dresses the minimalist approach that
                                                  ‘‘(B) For purposes of this paragraph, the term        the Department, knowingly solicits, contracts          the VA has adopted in complying with
                                                ‘maximum benefit’ means the highest evaluation          for, charges, or receives any fee or compensation
                                                assignable in accordance with the evidence of           in connection for—
                                                                                                                                                               its employees’ skill certification man-
                                                record, as long as such evaluation is supported            ‘‘(A) the provision of advice on how to file a      date. This section will reverse the cur-
                                                by such evidence of record at the time the deci-        claim for benefits under the laws administered         rent trend within the VA of using the
                                                sion is rendered.                                       by the Secretary; or                                   employment certification process sole-
                                                  ‘‘(4) Under regulations prescribed by the Sec-           ‘‘(B) the preparation, presentation, or pros-       ly to increase an employee’s pay grade
                                                retary, the Secretary—                                  ecution of such a claim before the date on which       by introducing a pilot program to con-
                                                  ‘‘(A) shall encourage claimants to submit rel-        a notice of disagreement is filed in a proceeding      duct a biennial assessment for all
                                                evant private medical records of the claimant to        on the claim,
                                                                                                        or attempts to do so;
                                                                                                                                                               claims processors and managers. The
                                                the Secretary if such submission does not bur-
                                                den the claimant; and                                      ‘‘(2) unlawfully withholds from any claimant        key to this program’s success will be
                                                  ‘‘(B) in obtaining relevant private records           or beneficiary any part of a benefit or claim          individualized remediation. This will
                                                under paragraph (1), may require the claimant           under the laws administered by the Secretary           facilitate individual accountability of
                                                to authorize the Secretary to obtain such               that is allowed and due to the claimant or bene-       employees while addressing disparities
                                                records if such authorization is required to com-       ficiary, or attempts to do so;                         in experience and training at the pilot
                                                ply with Federal, State, or local law.’’.                  ‘‘(3) commits an offense punishable by this         sites and eventually throughout the
                                                  (b) PUBLIC RECORDS.—Section 5103A(c) of               chapter, or aids, abets, counsels, commands, or
                                                                                                        procures the commission of such an act; or
                                                such title is amended to read as follows:                                                                        Section 3 prevents the offset of pen-
                                                  ‘‘(c) OBTAINING RECORDS FOR COMPENSATION                 ‘‘(4) causes an act to be done, which if di-
                                                                                                        rectly performed would be punishable by this           sion benefits for veterans and their
                                                CLAIMS.—(1) In the case of a claim for disability
                                                                                                        chapter,                                               family members due to the receipt of
                                                compensation, the assistance provided by the
                                                Secretary under this section shall include ob-          shall be fined as provided in title 18, or impris-     payments by insurance or settlements
                                                taining the following records if relevant to the        oned for not more than one year, or both.’’.           to reimburse expenses incurred after an
                                                                                                           (b) EFFECTIVE DATE.—The amendment made              accident or theft. This will be accom-
                                                                                                        by subsection (a) shall apply with respect to
                                                  ‘‘(A) The claimant’s service medical records                                                                 plished by exempting reimbursements
                                                                                                        acts committed after the date of the enactment
                                                and, if the claimant has furnished the Secretary
                                                                                                        of this Act.                                           of expenses related to accident, theft,
                                                information sufficient to locate such records,                                                                 loss, or casualty loss from determina-
                                                                                                        SEC. 8. PERFORMANCE AWARDS IN THE SENIOR
                                                other relevant records pertaining to the claim-                    EXECUTIVE SERVICE.                          tions of annual income.
                                                ant’s active military, naval, or air service that                                                                The next section implements the use
                                                                                                          For each of fiscal years 2012 through 2016, the
                                                are held or maintained by a governmental enti-
                                                                                                        Secretary of Veterans Affairs may not pay more         of electronic communication within
                                                                                                        than $2,000,000 in performance awards under            the VA to provide notices of responsi-
                                                  ‘‘(B) Records of relevant medical treatment or
                                                                                                        section 5384 of title 5, United States Code.           bility to claimants. This also removes
                                                examination of the claimant at Department
                                                                                                        SEC. 9. BUDGETARY EFFECTS OF THIS ACT.                 the administrative provisions which
                                                health-care facilities or at the expense of the
                                                Department, if the claimant furnishes informa-            The budgetary effects of this Act, for the pur-      have slowed down the process for vet-
                                                                                                        pose of complying with the Statutory Pay-As-
                                                tion sufficient to locate those records.                                                                       erans’ disability claims. In total, this
                                                  ‘‘(C) Any other relevant records held by any          You-Go-Act of 2010, shall be determined by ref-
                                                                                                        erence to the latest statement titled ‘‘Budgetary      section will increase efficiency and
                                                Federal department or agency that the claimant                                                                 help modernize the VA by authorizing
                                                adequately identifies and authorizes the Sec-           Effects of PAYGO Legislation’’ for this Act, sub-
                                                                                                        mitted for printing in the Congressional Record        the most effective means available for
                                                retary to obtain.
                                                                                                        by the Chairman of the House Budget Com-               communication while simultaneously
                                                  ‘‘(2) Whenever the Secretary attempts to ob-
                                                tain records from a Federal department or agen-
                                                                                                        mittee, provided that such statement has been          removing administrative redtape.
                                                                                                        submitted prior to the vote on passage.                  Section 5 clarifies the meaning of the
                                                cy under this subsection, the efforts to obtain
                                                those records shall continue until the records            The SPEAKER pro tempore. Pursu-                      VA’s duty to assist claimants in ob-
                                                are obtained unless it is reasonably certain that       ant to the rule, the gentleman from                    taining evidence needed to verify a
                                                such records do not exist or that further efforts       Florida (Mr. MILLER) and the gen-                      claim. As a result, this section estab-
                                                to obtain those records would be futile.’’.             tleman from California (Mr. FILNER)                    lishes a clear and reasonable standard
                                                SEC. 6. CONDITIONS FOR TREATMENT OF CER-                each will control 20 minutes.                          for private record requests as ‘‘not less
                                                           TAIN PERSONS AS ADJUDICATED                                                                         than two requests.’’ In addition, this
                                                           MENTALLY INCOMPETENT FOR CER-
                                                                                                          The Chair recognizes the gentleman
                                                           TAIN PURPOSES.                               from Florida.                                          section will encourage claimants to
                                                   (a) IN GENERAL.—Chapter 55 of title 38,                Mr. MILLER of Florida. Madam                         take a proactive role in the claims
                                                United States Code, is amended by adding at the         Speaker, I yield myself such time as I                 process. This, in turn, will have the
                                                end the following new section:                          may consume.                                           positive effect of reducing the claims
                                                ‘‘§ 5511. Conditions for treatment of certain             I support strongly H.R. 2349, as                     backlog over the long term.
                                                   persons as adjudicated mentally incom-               amended, the Veterans’ Benefits Train-                   Section 6 corrects a serious concern
                                                   petent for certain purposes                          ing Improvement Act of 2011. It was                    which has curtailed the Second Amend-
                                                   ‘‘In any case arising out of the administration      created by the chairman of the Sub-                    ment rights of many VA beneficiaries.
                                                by the Secretary of laws and benefits under this        committee on Disability Assistance                     Due to unclear and improper statutory
                                                title, a person who is mentally incapacitated,          and Memorial Affairs, the gentleman                    language, under the current system,
                                                deemed mentally incompetent, or experiencing            from New Jersey (Mr. RUNYAN). It also                  veterans seeking help managing their
                                                an extended loss of consciousness shall not be          was worked on in collaboration with                    financial affairs are categorized as
                                                considered adjudicated as a mental defective                                                                   mentally defective. They are then en-
                                                                                                        the ranking member of that sub-
                                                under subsection (d)(4) or (g)(4) of section 922 of
                                                title 18 without the order or finding of a judge,       committee, the gentleman from Cali-                    tered into an FBI database which pro-
                                                magistrate, or other judicial authority of com-         fornia (Mr. MCNERNEY).                                 hibits their ability to legally obtain a
                                                petent jurisdiction that such person is a danger          To describe H.R. 2349, as amended, I                 firearm. This section would restore
                                                to himself or herself or others.’’.                     would like to yield such time as he                    these veterans’ constitutional rights
                                                   (b) CLERICAL AMENDMENT.—The table of sec-            may consume to the gentleman from                      by requiring such determinations to be
                                                tions at the beginning of chapter 55 of such title      New Jersey (Mr. RUNYAN).                               made by a judge, magistrate, or other
                                                is amended by adding at the end the following             Mr. RUNYAN. Mr. Chairman, thank                      judicial authority to properly deter-
                                                new item:                                               you again.                                             mine whether such veterans are, in
                                                ‘‘5511. Conditions for treatment of certain per-          Madam Speaker, I rise in support of                  fact, mentally defective for the pur-
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                                                               sons as adjudicated mentally in-         H.R. 2349, as amended, the Veterans’                   poses of obtaining a firearm.
                                                               competent for certain purposes.’’.                                                                Section 7 of this bill is designed to
                                                                                                        Benefits Training Improvement Act of
                                                SEC. 7. REINSTATEMENT OF PENALTIES FOR
                                                           CHARGING VETERANS UNAUTHOR-
                                                                                                        2011.                                                  protect the veterans from being
                                                           IZED FEES.                                     There are several components to this                 charged excessive fees for aid in sub-
                                                  (a) IN GENERAL.—Section 5905 of title 38,             legislation, and they are all aimed to-                mitting applications to the VA for ben-
                                                United States Code, is amended to read as fol-          wards ensuring the veterans’ benefits                  efits. Since 2006, there has been an in-
                                                lows:                                                   process is more efficient, accountable,                crease in non-accredited individuals,

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                  H6697
                                                organizations, and private companies                    that I think can be more efficiently                   sponsible. Let’s use common sense.
                                                that have been taking advantage of                      used to help our veterans.                             Let’s protect the American people.
                                                veterans by charging fees to assist                       I should remind the body that this                   Let’s not go for these pledges that are
                                                them with filing claims for veterans’                   mandatory testing provision never                      made in a partisan way to make sure
                                                benefits with the VA.                                   passed out of the subcommittee that                    you’re reelected and hurt the American
                                                                                                        was responsible for the bill. It failed. It            people in the long run. That’s what we
                                                                 b 1520
                                                                                                        was withdrawn, but it showed up in the                 are doing here. This is irresponsible.
                                                  This section reinstates criminal pen-                 full committee markup and I think                      You give, by law, by a sentence that
                                                alties for persons charging veterans un-                violates the spirit of regular order that              you put in, Mr. Chairman, you give
                                                authorized fees for preparation and fil-                we supposedly prize.                                   them, mentally incompetent people,
                                                ing veterans claims with the VA.                          More importantly, there is a provi-                  they’ve already been defined as that,
                                                  The final section addresses the unre-                 sion in this bill which, let me first                  you give them the right to be exempt
                                                strained government spending on the                     state in legal terms and then in                       from the Brady law’s registration.
                                                part of the VA, which is currently per-                 English, which would prohibit the re-                  Come on, we can do a better job than
                                                mitted to offer pay increases and bo-                   porting of those who have an appointed                 that!
                                                nuses to managers and employees who                     VA fiduciary to the National Instant                     I reserve the balance of my time.
                                                had been cited for mismanagement and                    Criminal Background Check system re-                     Mr. MILLER of Florida. I have no
                                                poor performance. At a time when our                    quired by the Brady Act. What does                     more speakers, if the gentleman is
                                                government must be especially prudent                   that mean in English? That means peo-                  ready to close.
                                                in its management of debt, this section                 ple who have been judged by the VA to                    I reserve the balance of my time.
                                                establishes caps for bonuses and per-                   be mentally incompetent of handling                      Mr. FILNER. Madam Speaker, again,
                                                formance awards to VA’s most senior                     their own financial affairs qualify to                 there are some good provisions of this
                                                employees at $2 million a year, a reduc-                purchase a gun. Hello? We heard the                    bill. The Hastings provision is espe-
                                                tion from $3.5 million.                                 chair of the subcommittee support, oh,                 cially appropriate. But we owe the
                                                  It has been an honor working with                     this is a constitutional right. Hey, we                American people better than just ideo-
                                                my colleagues in a bipartisan manner                    have a long history of law and prece-                  logical legislating because I made this
                                                to move H.R. 2349, as amended, for-                     dent which says we can deny rights to                  promise and this is a constitutional
                                                ward. And I thank each Member for                       mentally incompetent people, espe-                     right. I believe in the Second Amend-
                                                their tireless support on behalf of our                 cially to own a gun, a handgun. How                    ment. But we can regulate the condi-
                                                honored veterans. I ask all of my col-                  many people have to commit mass                        tions of that amendment, and this is an
                                                leagues to join me in supporting this                   murders who are mentally incompetent                   especially egregious case which needs
                                                important legislation.                                  before we understand that we ought to                  regulation.
                                                  Mr. FILNER. Madam Speaker, I yield                    prevent them from getting a gun in the                   The VA has said that someone cannot
                                                myself such time as I may consume.                      first place? Yet we have a justification
                                                  This is an omnibus bill that on bal-                                                                         manage their own affairs, and yet we
                                                                                                        of that right here in this bill.                       write in the provision that says, okay,
                                                ance I can’t support. Omnibus bills are                   The gentleman wants to keep the
                                                good and bad, and we have to balance                                                                           go buy a gun anyway until some judge
                                                                                                        right to purchase firearms until they                  says you’re mentally incompetent.
                                                that. Let me tell you why there are                     have a determination from a State
                                                two provisions in here that make it im-                                                                        Let’s have the judge’s decision first.
                                                                                                        judge. Well, that’s a non sequitur,                    Then if they are judged to be mentally
                                                possible for me to support this omnibus                 Madam Speaker.
                                                bill.                                                                                                          sound, they can buy a gun. That’s their
                                                                                                          While I agree that some of these peo-
                                                  Section 2 requires the VA to insti-                                                                          constitutional right. They don’t have a
                                                                                                        ple who’ve been judged by the VA not
                                                tute a pilot program to hold employees                                                                         constitutional right to be mentally im-
                                                                                                        to be mentally competent to handle
                                                of the Veterans Benefits Administra-                                                                           balanced and buy a gun that kills doz-
                                                                                                        their financial affairs may not pose a
                                                tion to annual testing and to even                                                                             ens or even hundreds of people. That’s
                                                                                                        threat to themselves or others, the
                                                greater training requirements than                                                                             what we’ve seen in this country for
                                                                                                        prudent course of action, the reason-
                                                their current 80 hours at five regional                                                                        decades. Let’s do a better job.
                                                                                                        able course of action, the commonsense
                                                offices at a cost of $5 million over 5                                                                           I yield back the balance of my time.
                                                                                                        course of action, the course of action
                                                years. Now, we are all for training of                                                                           Mr. MILLER of Florida. Madam
                                                                                                        that will save lives in this Nation is
                                                our employees and want them to do a                                                                            Speaker, what we owe the United
                                                                                                        that we not allow these VA bene-
                                                good job and be adequately trained for                                                                         States’ people is the truth.
                                                                                                        ficiaries to have access to lethal weap-
                                                it. Secretary Shinseki has set a goal of                ons until the legal determination is                     The truth is that the Senate Vet-
                                                processing all claims within 125 days at                made by that judge. Let’s have the de-                 erans Affairs Committee approved
                                                98 percent accuracy. That’s a great                     termination first, not after they kill                 under Democrat leadership this exact
                                                goal, and we have to get a handle on                    somebody.                                              language under the past two Con-
                                                that and get a handle on the backlog                      So we’re going to put guns in the                    gresses. In fact, what my good friend,
                                                and the claims that are languishing un-                 hands of people who may not be men-                    the ranking member, wants to do is to
                                                necessarily.                                            tally capable of responsible gun owner-                give a bureaucrat within VA the oppor-
                                                  I think this provision is misguided                   ship. This does not strike the proper                  tunity to adjudicate somebody men-
                                                because it will stand in the way of                     balance between ensuring societal safe-                tally incompetent. Now they do have
                                                reaching the Secretary’s goal, because                  ty and individual rights. I don’t have                 the ability to say they are not able to
                                                I don’t think we can test our way out                   to list all of the atrocities that have                control their finances. What this act in
                                                of the claims backlog. Anybody can                      gone on in this Nation over the past                   the legislation does is it says they can-
                                                pass a test. The real question is can                   decade that happened because of irre-                  not do it without the order or finding
                                                they adequately process claims. That’s                  sponsible gun ownership; and yet we                    of a judge, a magistrate, or other judi-
                                                what the VA needs from its employees,                   have a defense of a bill that specifi-                 cial authority of competent jurisdic-
                                                not another additional burden result-                   cally, it doesn’t even leave it to im-                 tion that such a person is in danger to
                                                ing in work stoppages, which is what                    plicit, it specifically says if you are                himself or to others. I do not believe
                                                this testing requirement will do.                       judged to be mentally incompetent,                     that a bureaucrat within the Depart-
                                                  We already have a certification test-                 you still have a right to go get a gun.                ment of Veterans Affairs has that abil-
                                                ing program used for the advancement                    How stupid are we, Madam Speaker?                      ity nor that authority, and I think that
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                                                of VBA employees, which was greatly                     Come on. This is a scary thought. It’s                 judges need to do it. So we do agree on
                                                strengthened in the bill that we passed                 irresponsible legislating. We have got                 that particular instance.
                                                in 2008 with great bipartisan support. I                to do a better job of striking a balance                                 GENERAL LEAVE
                                                think that this bill has redundant test-                on this issue.                                           Mr. MILLER of Florida. I ask unani-
                                                ing and wastes $5 million and will only                   Everybody on an earlier bill is afraid               mous consent that all Members have 5
                                                go to the fattening of the contractors’                 of Grover Norquist. Everybody here is                  legislative days to revise and extend
                                                pockets who develop the test, money                     afraid of the NRA. Come on, let’s be re-               their remarks.

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                                                H6698                                              CONGRESSIONAL RECORD — HOUSE                                                   October 11, 2011
                                                  The SPEAKER pro tempore (Mr.                            The Acting CHAIR. The Clerk will                     this and the Government Account-
                                                STUTZMAN). Is there objection to the                    designate the amendment.                               ability Office or the Congressional
                                                request of the gentleman from Florida?                    The text of the amendment is as fol-                 Budget Office can confirm it.
                                                  There was no objection.                               lows:                                                    H.R. 2250 does not include an author-
                                                  Mr. MILLER of Florida. With that, I                     At the end of the bill, add the following            ization, but that does not have the ef-
                                                urge all of my colleagues to support                    section:                                               fect of forcing the executive branch to
                                                this outstanding piece of legislation,                  SEC. 6. COMPLIANCE WITH CUT-GO.                        implement the legislation with exist-
                                                and I yield back the balance of my                        If this Act authorizes the appropriation of          ing resources. To the contrary, it has
                                                time.                                                   funds to implement this Act and does not re-           the effect of creating an implicit au-
                                                  The SPEAKER pro tempore. The                          duce an existing authorization of appropria-           thorization of such sums as may be
                                                                                                        tions to offset that amount, then the provi-           necessary. Now, the Republicans have
                                                question is on the motion offered by
                                                                                                        sions of this Act shall cease to be effective.         been against setting authorizations of
                                                the gentleman from Florida (Mr. MIL-
                                                LER) that the House suspend the rules                      The Acting CHAIR. The gentleman                     such sums as may be necessary because
                                                and pass the bill, H.R. 2349, as amend-                 from California is recognized for 5 min-               they wanted a specific amount, and
                                                ed.                                                     utes.                                                  they wanted an offset. My amendment
                                                  The question was taken; and (two-                        Mr. WAXMAN. Madam Chair and my                      would simply ensure that the discre-
                                                thirds being in the affirmative) the                    colleagues, I strongly oppose this bill                tionary CutGo rule is complied with. It
                                                                                                        on substantive grounds. It nullifies                   states that if this bill authorizes the
                                                rules were suspended and the bill, as
                                                                                                        critical EPA rules to cut toxic air pol-               appropriation of funds to implement its
                                                amended, was passed.
                                                                                                        lution from solid waste incinerators                   provisions without reducing an exist-
                                                  The title was amended so as to read:
                                                                                                        and large industrial boilers. It threat-               ing authorization of appropriations by
                                                ‘‘A bill to amend title 38, United States
                                                                                                        ens EPA’s ability to issue new rules                   an offsetting amount, then the bill will
                                                Code, to improve the determination of                                                                          not go into effect.
                                                annual income with respect to pensions                  that actually protect public health by
                                                                                                        forcing it to set emission standards                     This amendment is about fairness. If
                                                for certain veterans, to direct the Sec-                                                                       I offered a bill that strengthened the
                                                retary of Veterans Affairs to establish                 based on an industry wish list. And on
                                                                                                        top of that, it allows polluters to avoid              Clean Air Act or cut global warming
                                                a pilot program to assess the skills of                                                                        pollution, the Republicans would re-
                                                certain employees and managers of the                   compliance with the new rules indefi-
                                                                                                        nitely. That is enough for me to vote                  quire my bill to meet the CutGo re-
                                                Veterans Benefits Administration, and                                                                          quirements. But because Republicans
                                                for other purposes.’’                                   ‘‘no.’’ I think this is a very bad bill.
                                                                                                           But this bill has another mark                      are eager to attack the Clean Air Act
                                                  A motion to reconsider was laid on                                                                           and weaken public health protections,
                                                the table.                                              against it because it does not comply
                                                                                                        with the Republican leadership’s policy                all of a sudden their own protocols
                                                                 f                                                                                             don’t matter. And if they’re not com-
                                                                                                        for discretionary spending. Some peo-
                                                EPA REGULATORY RELIEF ACT OF                                                                                   plying with CutGo because CutGo, as
                                                                                                        ple may think, so what? Why make an
                                                                                                                                                               they’ve set it up, is infeasible and un-
                                                                  2011                                  issue of this? The simple fact is that
                                                                                                                                                               workable, they need to acknowledge
                                                  Mr. WHITFIELD. Mr. Speaker, I ask                     the Republicans established a set of
                                                                                                                                                               that reality and change the require-
                                                unanimous consent that all Members                      rules for the House at the beginning of                ments.
                                                may have 5 legislative days in which to                 the Congress, and they aren’t willing                    I urge all Members to support this
                                                revise and extend their remarks and in-                 to play by those rules.                                amendment. Let’s hold the Republican
                                                clude extraneous material on H.R. 2250.                    When Congress organized this year,                  leadership accountable to keep their
                                                  The SPEAKER pro tempore. Is there                     the majority leader announced that the                 word.
                                                objection to the request of the gen-                    House would be following what’s called                   I yield back the balance of my time.
                                                tleman from Kentucky?                                   a discretionary CutGo rule. When a bill                  Mr. GRIFFITH of Virginia. I rise in
                                                  There was no objection.                               authorizes discretionary funding, that                 opposition to the amendment.
                                                  The SPEAKER pro tempore. Pursu-                       funding must be explicitly limited to a                  The Acting CHAIR. The gentleman is
                                                ant to House Resolution 419 and rule                    specific amount. And the leader’s pro-                 recognized for 5 minutes.
                                                XVIII, the Chair declares the House in                  tocols also required that the specific                   Mr. GRIFFITH of Virginia. Madam
                                                the Committee of the Whole House on                     amount be offset by a reduction in an                  Chair, H.R. 2250 will reduce regulatory
                                                                                                        existing authorization. This bill vio-                 burdens for job creators and extend the
                                                the state of the Union for the further
                                                                                                        lates those requirements.                              timeframe for the EPA to issue its
                                                consideration of the bill, H.R. 2250.
                                                                                                           First, the bill does not include a spe-             rules for boilers and incinerators.
                                                                      b 1532                            cific authorization for EPA to imple-                    Considering that EPA is currently
                                                       IN THE COMMITTEE OF THE WHOLE                    ment the bill’s provisions. EPA will                   pursuing an aggressive regulatory re-
                                                                                                        have to start a new rulemaking for                     gime in these areas, and doing so with-
                                                  Accordingly, the House resolved
                                                                                                        boilers and incinerators and follow a                  in its existing budget, additional fund-
                                                itself into the Committee of the Whole
                                                                                                        whole new approach for setting emis-                   ing should not be needed to provide the
                                                House on the state of the Union for the
                                                                                                        sions standards, and that’s going to                   regulatory relief provided in this bill.
                                                further consideration of the bill (H.R.
                                                                                                        cost money. CBO—who is the usual ref-                  While the CBO’s rules may require it to
                                                2250) to provide additional time for the                                                                       score legislation in a vacuum, in the
                                                Administrator of the Environmental                      eree on these questions—has deter-
                                                                                                        mined that H.R. 2250 does in fact au-                  real world there is no reason taxpayers
                                                Protection Agency to issue achievable                                                                          should be forced to hand over more
                                                standards for industrial, commercial,                   thorize new discretionary spending.
                                                                                                                                                               money when asking an agency merely
                                                and institutional boilers, process heat-                CBO estimates that implementing this
                                                                                                                                                               to do its job.
                                                ers, and incinerators, and for other                    bill would cost the EPA $1 million over                  Any cost of commonsense regulations
                                                purposes, with Mrs. ROBY (Acting                        a 5-year period. But the bill does not                 in this area, as our legislation pro-
                                                Chair) in the chair.                                    offset the new spending with cuts in an                poses, can certainly be covered by the
                                                  The Clerk read the title of the bill.                 existing authorization. That’s a clear                 agency’s existing budget—that has in-
                                                  The Acting CHAIR. When the Com-                       violation of the plain language of the                 creased greatly over the last several
                                                mittee of the Whole rose on Thursday,                   Republicans’ CutGo policy.                             years. And that budget is funding its
                                                October 6, 2011, amendment No. 4 print-                    I know what my Republican col-                      current regulatory efforts. No new
                                                ed in the CONGRESSIONAL RECORD, of-                     leagues are going to say because they                  funding is authorized by the legisla-
                                                fered by the gentleman from Pennsyl-                    said it last time we were considering                  tion, so Madam Chair, I do not believe
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                                                vania (Mr. DOYLE), had been disposed                    legislation. They will argue that this                 any new funding is necessary. Accord-
                                                of.                                                     bill doesn’t create a new program.                     ingly, I would urge my colleagues to
                                                                                                        They’ll say that EPA can use existing                  vote ‘‘no’’ on this amendment.
                                                                      b 1540                            funds to complete the work mandated                      I yield back the balance of my time.
                                                 AMENDMENT NO. 11 OFFERED BY MR. WAXMAN                 by the bill. But that’s not how appro-                   The Acting CHAIR. The question is
                                                  Mr. WAXMAN. Madam Chair, I have                       priations law works. Anyone familiar                   on the amendment offered by the gen-
                                                an amendment at the desk.                               with Federal appropriations law knows                  tleman from California (Mr. WAXMAN).

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                               H6699
                                                  The question was taken; and the Act-                  pollution, more soot into our air in                   made remarkable progress in cleaning
                                                ing Chair announced that the noes ap-                   order to spur economic recovery. How                   up the air. For example, ozone has been
                                                peared to have it.                                      easily some seem to forget that this re-               reduced by 14 percent, particulate mat-
                                                  Mr. WAXMAN. Madam Chair, I de-                        cession started under the most anti-en-                ter by 31 percent, lead by 78 percent,
                                                mand a recorded vote.                                   vironmental administration in history,                 nitrogen dioxide by 35 percent, carbon
                                                  The Acting CHAIR. Pursuant to                         that of George W. Bush. So if attacking                monoxide by 68 percent, sulfur dioxide
                                                clause 6 of rule XVIII, further pro-                    the environment really did spur eco-                   by 59 percent.
                                                ceedings on the amendment offered by                    nomic growth, then we wouldn’t have                      This amendment targets specific
                                                the gentleman from California will be                   had the economic collapse of 2008.                     health issues, respiratory and cardio-
                                                postponed.                                                 The consequences of acting on the                   vascular illness and death, and our bill,
                                                AMENDMENT NO. 18 OFFERED BY MR. CONNOLLY                false premise presented by my Repub-                   I would say, does direct that the EPA
                                                              OF VIRGINIA                               lican colleagues would be catastrophic                 protect public health, jobs, and the
                                                  Mr. CONNOLLY of Virginia. Madam                       for Americans’ health. According to                    economy. And that’s what our legisla-
                                                Chairman, I have an amendment at the                    the nonpartisan Congressional Re-                      tion is all about—a more balanced ap-
                                                desk.                                                   search Service, by following the law                   proach.
                                                  The Acting CHAIR. The Clerk will                      and implementing health standards for                    I find it interesting that the Boiler
                                                designate the amendment.                                industrial boilers, EPA will prevent                   MACT is all about regulating haz-
                                                  The text of the amendment is as fol-                  2,500 to 6,500 premature deaths every                  ardous air pollutants, but yet, when
                                                lows:                                                   single year. By allowing the EPA to                    EPA did their analysis of the benefits
                                                  At the end of the bill, add the following             continue implementing the Clean Air                    of the Boiler MACT rule, they did not
                                                section:                                                Act, we will prevent some 4,000 heart                  include any benefit from reduction of
                                                SEC. 6. PROTECTION FROM RESPIRATORY AND                 attacks, 4,300 emergency room visits,                  hazardous air pollutants, and mercury,
                                                           CARDIOVASCULAR  ILLNESS  AND                 and 2.2 million lost work days every                   in particular. They indicated that all
                                                                                                        single year. By preventing all of these                of the health benefits would be as a re-
                                                   Notwithstanding any other provision of
                                                this Act, the Administrator shall not delay             premature deaths and pollution-caused                  sult of a reduction of particulate mat-
                                                actions pursuant to the rules identified in             illnesses, merely implementing the                     ter.
                                                section 2(b) of this Act to reduce emissions            Clean Air Act rules for industrial boil-                 So the whole purpose of Boiler MACT
                                                from waste incinerators or industrial boilers           ers will save, taking costs into ac-                   is to deal with hazardous air pollut-
                                                at chemical facilities, oil refineries, or large        count, between $20 billion and $52 bil-                ants. EPA has decided there was no
                                                manufacturing facilities if such emissions              lion annually.                                         real benefit from the reduction there,
                                                are causing respiratory and cardiovascular                 My simple amendment would allow                     but it’s all from particulate matter. So
                                                illnesses and deaths, including cases of heart                                                                 we oppose this amendment because we
                                                                                                        H.R. 2250 to go into effect if it didn’t
                                                attacks, asthma attacks, and bronchitis.
                                                                                                        cause these illnesses and deaths. If in                really don’t think it’s necessary.
                                                  The Acting CHAIR. The gentleman is                    fact we can loosen regulations without                   The Clean Air Act sets out very
                                                recognized for 5 minutes.                               any negative health consequences and                   clearly the protections for health and
                                                  Mr. CONNOLLY of Virginia. Madam                       without adding to health care costs                    what is required. And we specifically
                                                Chairman, during the past 10 months,                    that are already too high for most fam-                object to this because it’s identifying
                                                the Republican leadership has already                   ilies, then by all means let’s do it. By               particular illnesses, and we think that
                                                tried to pass more than 125 anti-envi-                  passing this amendment, my Repub-                      EPA should look at a broad range of
                                                ronmental bills, amendments, and rid-                   lican colleagues can reaffirm their sup-               health issues and, for that reason,
                                                ers. We debated yet another anti-EPA                    port for deregulation, provided that it                would respectfully oppose the gen-
                                                bill just the other day, and the major-                 doesn’t injure or kill our constituents.               tleman from Virginia’s amendment.
                                                ity rejected every single amendment                        My amendment says, ‘‘The adminis-                     I yield back the balance of my time.
                                                that would have protected public                        trator shall not delay actions to reduce                 Mr. WAXMAN. Madam Chair, I seek
                                                health.                                                 emissions from waste incinerators or                   recognition in support of the amend-
                                                  I introduced a simple amendment                       industrial boilers if such emissions are               ment.
                                                that would have ensured no deaths or                    causing respiratory and cardiovascular                   The Acting CHAIR. Does the gen-
                                                increased incidence of illness would                    illnesses and deaths.’’                                tleman move to strike the last word?
                                                occur as a result of the cement factory                                                                          Mr. WAXMAN. I seek recognition to
                                                bill we debated last week. It would                                      b 1550                                speak in support of the amendment.
                                                seem to be a modest proposition that                      This ensures that, if H.R. 2250 passes,                The Acting CHAIR. The gentleman
                                                bills passed by Congress should not                     we won’t be increasing the rate of res-                strikes the last word, and he is recog-
                                                lead directly to premature death or                     piratory disease or accepting more                     nized for 5 minutes.
                                                hospitalization, yet that’s exactly                     children to hospitals with asthma at-                    Mr. WAXMAN. I don’t wish to strike
                                                what these anti-clean air bills do. Re-                 tacks. Since members of the majority                   the last word. I want to speak in favor
                                                publicans claim that all these anti-                    claim to be equally concerned about                    of the amendment.
                                                EPA bills will create jobs, but sadly                   the health of our constituents, I want-                  Is that grounds for recognition?
                                                those new jobs would only be created in                 ed to offer them the opportunity to af-                  The Acting CHAIR. Yes. The only
                                                hospitals.                                              firm their interest in statute and pass                way to gain recognition for debate is to
                                                  The latest Republican attack on the                   this amendment.                                        strike the last word.
                                                Clean Air Act is H.R. 2250 before us                      I yield back the balance of my time.                   Mr. WAXMAN. Well, I will seek rec-
                                                today, which would block public health                    Mr. WHITFIELD. Madam Chair, I                        ognition to strike the last word. I
                                                standards for industrial boilers. The                   claim time in opposition to the amend-                 didn’t know I couldn’t stand up during
                                                EPA is issuing these standards in ac-                   ment.                                                  the debate on an amendment and speak
                                                cordance with the Clean Air Act, which                    The Acting CHAIR. The gentleman                      in favor of the amendment, but I will
                                                was passed in 1970 and signed into law                  from Kentucky is recognized for 5 min-                 take it.
                                                by a Republican President. Since 1970,                  utes.                                                    The Acting CHAIR. This debate is
                                                the Clean Air Act has dramatically re-                    Mr. WHITFIELD. The gentleman’s                       under the 5-minute rule.
                                                duced air pollution, despite population                 amendment would add a new section to                     The gentleman is recognized.
                                                growth, while America’s economy has                     H.R. 2250 directing the administrator                    Mr. WAXMAN. Under the 5-minute
                                                doubled in size.                                        to go on and implement the current                     rule I am recognized, and I want the
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                                                  The evidence is clear: We do not have                 boiler sector rules if emissions at in-                opportunity to respond to the com-
                                                to make the false choice between a                      dustrial facilities are causing res-                   ments that were just made.
                                                healthy economy and a healthy envi-                     piratory and cardiovascular illness and                  My colleague from Kentucky keeps
                                                ronment. Yet that is precisely the false                death, including heart attacks, asthma                 on saying that there will be no benefit
                                                choice presented us in H.R. 2250. My                    attacks, and bronchitis.                               from the EPA boiler rules in terms of
                                                colleagues claim we must allow more                       I would like, first of all, to mention               health. Well, it’s true that EPA didn’t
                                                mercury pollution, more particulate                     that over the last 15 or 20 years, we’ve               put a dollar figure on the potential

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                                                H6700                                              CONGRESSIONAL RECORD — HOUSE                                                       October 11, 2011
                                                health benefits from reducing emis-                     derly and in people with heart condi-                  have, the sponsor of No. 7 is said to be
                                                sions of mercury, carcinogens, and                      tions; increased hospitalization for car-              Mr. QUIGLEY of Illinois.
                                                other toxic pollutants, but that’s not                  diovascular disease, including strokes                   Would the Chair be able to explain to
                                                because there won’t be any benefits.                    and congestive heart failure; and in-                  me what the rules are in regard to
                                                  Allow me to quote from EPA’s regu-                    creased emergency room visits for pa-                  that?
                                                latory impact analysis for the boiler                   tients suffering from acute respiratory                  The Acting CHAIR. Does the gen-
                                                rules: ‘‘Data, resource, and methodo-                   ailments.                                              tleman from Massachusetts state that
                                                logical limitations prevented EPA                         By cutting emissions of fine par-                    he is the designee for the gentleman
                                                from quantifying or monetizing the                      ticles, EPA estimated that these rules                 from Illinois?
                                                benefits from several important benefit                 will prevent up to 6,600 premature                       Mr. MARKEY. Yes, I am offering the
                                                categories, including benefits from re-                 deaths, 4,100 nonfatal heart attacks,                  amendment as the designee of Mr.
                                                ducing toxic emissions.’’                               42,000 cases of aggravated asthma,                     QUIGLEY, which I think under the rules
                                                  Notice that this doesn’t say that cut-                320,000 days when people miss work or                  is permitted.
                                                ting hazardous air pollutants from                      school each year.                                        The Acting CHAIR. In response to
                                                boilers will have no benefits for public                  EPA found that these rules will pro-                 the gentleman from Kentucky’s in-
                                                health.                                                 vide at least $10 to $24 in health bene-               quiry the rule allows for a designee to
                                                  What are the benefits of cutting mer-                 fits for every dollar in costs. That’s a               offer the amendment.
                                                cury pollution here at home? Cutting                    tremendous return on investment and                      The Clerk will designate the amend-
                                                mercury pollution from boilers and in-                  doesn’t even include the benefits of the               ment.
                                                cinerators will reduce localized mer-                   toxic air pollution, toxic mercury pol-                  The text of the amendment is as fol-
                                                cury deposition. Reducing mercury                       lution, which is harder to quantify but                lows:
                                                deposition is critical to reducing Amer-                is there nevertheless.                                   At the end of the bill, add the following
                                                icans’ exposure to mercury from eating                    So the amendment is straight-                        section:
                                                contaminated fish.                                                                                             SEC. 6. PROTECTION FROM AVOIDABLE CASES OF
                                                                                                        forward. It states that the bill does not                          CANCER.
                                                  In 2000 EPA estimated that roughly                    stop EPA from taking action to clean                     Notwithstanding any other provision of
                                                60 percent of the total mercury depos-                  up air pollution from a dirty boiler or                this Act, the Administrator shall not delay
                                                ited in the United States comes from                    incinerator if that facility is emitting               actions pursuant to the rules identified in
                                                man-made air emission sources within                    pollutants that are causing heart at-                  section 2(b) of this Act to reduce emissions
                                                the United States, such as power                        tacks, asthma attacks, and bronchitis                  from waste incinerators or industrial boilers
                                                plants, incinerators, boilers, cement                   or other respiratory and cardiovascular                at chemical facilities, oil refineries, or large
                                                kilns, and other sources.                               disease.                                               manufacturing facilities if such emissions
                                                  These numbers have changed slightly                     The Republicans argue that this bill                 are increasing the risk of cancer.
                                                since 2000, but other studies have                      is not an attack on the Clean Air Act                     The Acting CHAIR. The gentleman
                                                shown that there’s an importance still                  or public health. They argue this bill                 from Massachusetts is recognized for 5
                                                in reducing local sources of mercury                    won’t prevent EPA from requiring boil-                 minutes.
                                                pollution. For example, one study by                    ers and incinerators to cut their pollu-                  Mr. MARKEY. Today the Repub-
                                                the University of Michigan and EPA                      tion.                                                  licans continue their war on the envi-
                                                found that the majority of mercury de-                    I disagree. So I support adding lan-                 ronment. This time we have episode 58
                                                posited at a monitoring site in eastern                 guage to the bill making it perfectly                  of the Clean Air Act Repealathon.
                                                Ohio came from local and regional                       clear EPA must act, and I urge my col-                    That’s right, ladies and gentlemen
                                                sources.                                                leagues to support this amendment.                     who are listening. This is the 58th time
                                                  Mercury is a potent neurotoxin. Ba-                     I yield back the balance of my time.                 the Republicans have voted to weaken
                                                bies born to women exposed to mercury                     The Acting CHAIR. The question is                    the Clean Air Act this year. Today’s
                                                during pregnancy can suffer from a                      on the amendment offered by the gen-                   episode guest stars excessive and un-
                                                wide range of developmental and neu-                    tleman from Virginia (Mr. CONNOLLY).                   wanted appearances by neurotoxic mer-
                                                rological problems, including delays in                   The question was taken; and the Act-                 cury, carcinogenic dioxin, and deadly
                                                speaking and difficulties learning.                     ing Chair announced that the noes ap-                  arsenic. This bill blocks and indefi-
                                                Now, it’s hard to translate that into                   peared to have it.                                     nitely delays implementation of the
                                                dollars and cents. What is the value of                   Mr. CONNOLLY of Virginia. Madam                      rules that would reduce emissions of
                                                allowing a child’s brain to develop nor-                Chairman, I demand a recorded vote.                    these lethal air pollutants from indus-
                                                mally so that those children can reach                    The Acting CHAIR. Pursuant to                        trial boilers and does so in total dis-
                                                their full potential?                                   clause 6 of rule XVIII, further pro-                   regard for the devastating impacts
                                                  But this is just common sense. Cut-                   ceedings on the amendment offered by                   these pollutants have on public health,
                                                ting the emissions of a powerful                        the gentleman from Virginia will be                    particularly the health of infants and
                                                neurotoxin will help protect children’s                 postponed.                                             children.
                                                health. I don’t know how anybody can                                                                              We already know a lot about these
                                                                                                                               b 1600
                                                honestly argue that allowing more                                                                              substances. For instance, exposure to
                                                mercury pollution is better for public                       AMENDMENT NO. 7 OFFERED BY MR. MARKEY             dioxin causes delays in motor skills
                                                health than less.                                         Mr. MARKEY. Mr. Chairman, I have                     and neurodevelopment in children, im-
                                                  Overall, EPA estimates for the quan-                  an amendment at the desk.                              pacts hormones that regulate growth,
                                                tified benefits of the boiler rules likely                The Acting CHAIR (Mr. WOMACK).                       metabolism and reproduction, and has
                                                underestimate the total benefits to so-                 The Clerk will designate the amend-                    been classified as a carcinogen by the
                                                ciety of requiring those industrial                     ment.                                                  World Health Organization and the Na-
                                                sources to clean up.                                      Is the gentleman offering amendment                  tional Toxicology Program. Chromium
                                                  Now, EPA looked, as well, at what                     No. 7?                                                 6 was made famous by the movie ‘‘Erin
                                                the rules would do in terms of the ef-                    Mr. MARKEY. Amendment No. 7. I                       Brockovich,’’ starring Julia Roberts.
                                                fect of reducing emissions of fine par-                 rise as the designee to offer amend-                   That chemical has been linked to
                                                ticle pollution which can lodge deep                    ment No. 7.                                            stomach and other forms of cancer.
                                                into the lungs and cause serious ef-                                 PARLIAMENTARY INQUIRY                     And let’s not forget mercury, a sub-
                                                fects. Breathing particle pollution has                   Mr. WHITFIELD. I have a parliamen-                   stance that is particularly harmful to
                                                been found to cause a range of acute                    tary inquiry.                                          children because it impairs brain devel-
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                                                and chronic health problems, such as                      The Acting CHAIR. The gentleman                      opment, impacting memory, attention
                                                significant damage to the small air-                    from Kentucky will state his inquiry.                  and language, potentially leading to
                                                ways of the lungs; aggravated asthma                      Mr. WHITFIELD. Mr. Chairman, I’m                     life-long disabilities. The mercury is
                                                attacks in children; death from res-                    not positive what the rules are here,                  released directly into the air we all
                                                piratory and cardiovascular causes, in-                 but the gentleman from Massachusetts                   breathe and finds its way into the food
                                                cluding strokes, increased numbers of                   says that he has amendment No. 7, and                  that we eat. In 2010, all 50 States issued
                                                heart attacks, especially among the el-                 in the list of amendments that we                      fish consumption advisories warning

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                               H6701
                                                citizens to limit how often they eat                    because of the economic situation that                   I yield back the balance of my time.
                                                fish caught in State waters because of                  we find ourselves in America today—we                    Mr. WAXMAN. I move to strike the
                                                mercury contamination.                                  have a very high unemployment rate,                    last word.
                                                  This bill seeks to permanently elimi-                 we have a stagnant economy, and we                       The Acting CHAIR. The gentleman
                                                nate EPA’s ability to reduce these                      have people without jobs.                              from California is recognized for 5 min-
                                                toxic emissions from industrial boilers                   We’ve had a lot of hearings on this                  utes.
                                                and does so despite the fact that the                   Boiler MACT regulation issued by                         Mr. WAXMAN. Mr. Chairman and my
                                                American Boiler Manufacturers Asso-                     EPA, and people are saying that this                   colleagues, we just heard from the
                                                ciation, the association that represents                regulation alone would put at risk                     chairman of the subcommittee han-
                                                the very companies that design, manu-                   230,000 jobs nationwide. So we’re not                  dling this bill, and there are two state-
                                                facture, and supply the industrial boil-                saying walk away and not protect the                   ments that are just absolutely inac-
                                                ers in question, oppose the Republican                  American people. We are simply saying                  curate.
                                                bill.                                                   let’s hold back for just a moment. Let’s                 He said this bill does not weaken the
                                                  That’s right, the companies that                      go back and revisit this rule. Let’s                   Clean Air Act. I don’t know what
                                                have stated that they stand ready and                   take 15 months for EPA to promulgate                   weakening the Clean Air Act means to
                                                able to harness American ingenuity                                                                             him, but when we say that we’re going
                                                                                                        a new rule and then give the affected
                                                and technological might to design                                                                              to nullify the standards EPA set under
                                                                                                        industries, universities, hospitals and
                                                products that comply with EPA re-                                                                              the Clean Air Act, that weakens the
                                                                                                        other groups a minimum of 5 years to
                                                quirements in a timely and cost-effec-                                                                         Clean Air Act. When we say that we’re
                                                                                                        implement these new regulations.
                                                tive manner oppose the Republican bill                                                                         going to eliminate the deadlines for
                                                                                                          And I might say that we heard testi-
                                                                                                                                                               compliance, that weakens the Clean
                                                here today. And why? Because they be-                   mony from the University of Notre
                                                                                                                                                               Air Act. When we say that EPA can set
                                                lieve this bill will only kill what they                Dame, because the first Boiler MACT
                                                                                                                                                               regulations but that they have to use a
                                                expect to be a new high-tech engineer-                  rules went into effect in 2004, and in
                                                                                                                                                               different standard, that certainly
                                                ing and domestic manufacturing job                      order to meet those regulations, the
                                                                                                                                                               weakens the Clean Air Act.
                                                explosion.                                              University of Notre Dame spent $20                       The other statement that was just
                                                  So the Republican bill will not only                  million to meet those boiler rules and                 made that is absolutely erroneous is
                                                kill people, 6,600 additional deaths per                regulations. And then the environ-                     that we don’t get any health benefits
                                                year in the United States according to                  mental groups filed a lawsuit and said,                from reducing the toxic pollution, and
                                                the EPA; it will also kill jobs.                        hey, this is not stringent enough. We                  that is just not true. Reducing the
                                                  My amendment is very simple. It just                  need to issue new rules, which is what                 toxic pollutants is aimed at protecting
                                                says that the Republican prohibitions                   EPA did.                                               the public health from toxic, dan-
                                                on EPA reducing toxic air pollution in                    So the University of Notre Dame,                     gerous, poisonous chemicals—mercury
                                                this bill are waived if these emissions                 having spent $20 million already, is                   and carcinogens. These are toxic pol-
                                                are found to increase the risk of can-                  still not in compliance. They are going                lutants, and reducing them will help
                                                cer. This amendment makes the choice                    to have to come forth and spend more                   the public health.
                                                very clear. If we adopt this amend-                     money. Their witness said that may                       Again the statement was made inac-
                                                ment, EPA can continue with its plans                   very well cause them to increase their                 curately that EPA didn’t find any
                                                to require the dirtiest industrial boil-                tuition costs, which makes it more dif-                health benefits. That is not true. EPA
                                                ers and incinerators to clean up their                  ficult for young people to go to college.              said they could not quantify the health
                                                cancer-causing emissions and do so                        The gentleman from Massachusetts                     benefits. How do you quantify a life
                                                while creating American jobs. So we                     also talked about mercury. And I                       that can be lived longer? How do you
                                                saved 6,600 Americans from dying each                   would reiterate, once again, that when                 quantify a child who will not be im-
                                                year from their exposure to these                       EPA did their analysis, they did not                   paired in learning and thinking? How
                                                neurotoxins; and at the same time, we                   come up with any health benefits be-                   do you quantify the damage that can
                                                create jobs in our economy.                             cause of the reduction in mercury as a                 be done from the toxic air pollutants?
                                                  That’s what this is all about. The                    result of their Boiler MACT rule. The                    I think both of those statements are
                                                EPA just has to certify that the Repub-                 only health benefits that they pointed                 inaccurate.
                                                lican approach will not lead to an in-                  out were related to particulate matter,                  This amendment says, in effect, that
                                                crease in cancers. That’s all that we                   reduction of particulate matter, not                   if we’re going to have an increase in
                                                ask the Members on the floor to vote                    mercury; and I’m not aware of any sci-                 cancer as a result of what is called for
                                                on today.                                               entific causal connection that specifi-                by the author of this bill, or from the
                                                  I yield back the balance of my time.                  cally says that in this instance 6,600                 proponents of this bill, then we’re not
                                                  Mr. WHITFIELD. Mr. Chair, I claim                     more people are going to die each year                 going to let this bill go into effect. I
                                                time in opposition to the amendment.                    because we delay the implementation                    think that’s a commonsense approach.
                                                  The Acting CHAIR. The gentleman                       of the Boiler MACT rule. And that’s                      So I would urge support for the
                                                from Kentucky is recognized for 5 min-                  one of the reasons that a lot of inde-                 amendment being offered by the gen-
                                                utes.                                                   pendent third-party groups have seri-                  tleman from Massachusetts. I think
                                                  Mr. WHITFIELD. Our good friend,                       ous questions about EPA’s analysis.                    it’s the right approach, and it under-
                                                the gentleman from Massachusetts,                                                                              scores the wrong approach taken by
                                                talks about the American Boiler Manu-                                    b 1610
                                                                                                                                                               the authors of this bill.
                                                facturers Association being opposed to                    How do you know for a fact, without                    Mr. MARKEY. Will the gentleman
                                                our bill. And that’s true. But they                     any contradiction, that 6,600 people are               yield?
                                                don’t speak for those who own and op-                   going to die each year if this is de-                    Mr. WAXMAN. I yield to the gen-
                                                erate boilers. They speak for them-                     layed, or that there are going to be X                 tleman from Massachusetts.
                                                selves because they manufacture boil-                   thousands of people who are going to                     Mr. MARKEY. Again, the EPA has
                                                ers; and if this rule goes into effect,                 have heart attacks who wouldn’t have                   estimated that delaying the boiler air
                                                they’re going to make a lot more                        had them before?                                       pollution rules could cause upwards of
                                                money than they’re making today.                          Because of all of those reasons, we                  6,600 deaths per year. That’s the esti-
                                                  The gentleman from Massachusetts                      simply believe that this legislation is a              mate, but that might be lowballing the
                                                also indicated that our legislation will                commonsense approach: protect jobs,                    number. We all know that parents out
                                                weaken the Clean Air Act. There is not                  protect health, revisit the issue, come                there are very concerned about what
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                                                anything in our bill that would weaken                  out with a new rule, and give indus-                   their kids are breathing in, especially
                                                the Clean Air Act, and I think that                     tries, universities, hospitals time to                 if they live near these kinds of facili-
                                                Congress has the responsibility to re-                  comply. That’s all that we’re asking                   ties that are spewing this stuff up into
                                                view and to have oversight over the de-                 for. For that reason, I would respect-                 the atmosphere. They know how kids
                                                cisions of EPA on regulations that                      fully oppose the amendment of the gen-                 can be very vulnerable to this going
                                                they adopt. And precisely the reason                    tleman from Massachusetts, which was                   into their systems as they’re growing
                                                why we’re here with this legislation is                 introduced by Mr. QUIGLEY of Illinois.                 up.

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                                                H6702                                              CONGRESSIONAL RECORD — HOUSE                                                     October 11, 2011
                                                  So to say that there is no health ef-                   Can the Chair explain to me why I                       Last week, we gave power plants—
                                                fect and that it can’t be specifically                  have to strike the last word to speak in                the number one source of airborne mer-
                                                quantified—that it’s 6,602 as opposed to                favor of an amendment, and if I spoke                   cury—free rein to spew neurotoxins
                                                6,605—doesn’t mean that they haven’t                    in favor of an amendment, would I have                  and other hazardous materials into the
                                                come up with a number, 6,600, that ap-                  an opportunity to speak in striking the                 air we breathe. The other day, we re-
                                                proximates what could happen in terms                   last word?                                              pealed EPA’s standards for cement
                                                of the number of deaths that are                          The Acting CHAIR. To be clear, the                    kilns—the second-largest source of
                                                caused by having this bill go on the                    proponent is recognized for 5 minutes,                  mercury in our air. Now here we are
                                                books.                                                  and the member who shall first obtain                   again, proposing to preemptively block
                                                  Mr. WAXMAN. The gentleman is ab-                      the floor in opposition is recognized for               EPA from finalizing rules that limit
                                                solutely correct.                                       5 minutes. Then other Members may                       pollution coming from the third-larg-
                                                  Make no mistake about it. H.R. 2250                   move to strike the last word.                           est mercury emitters—industrial boil-
                                                has real legal effects, and those effects                 Mr. WAXMAN. Only?                                     ers and waste incinerators.
                                                weaken our protections from air pollu-                    The Acting CHAIR. Only.                                 Mr. Chairman, House Republicans
                                                tion and harm the health of all Ameri-                    Mr. WAXMAN. Thank you very                            seem bent on eviscerating the Clean
                                                cans, especially our children. No mat-                  much, Mr. Chair, for that clarification.
                                                                                                                                                                Air Act, turning back the clock on 40
                                                ter how many times Republicans may                        Mr. WHITFIELD. I have a parliamen-
                                                                                                                                                                years of progress in health, techno-
                                                want to say that the bill won’t harm                    tary inquiry.
                                                                                                          The Acting CHAIR. The gentleman                       logical innovation, economic expan-
                                                health and that it doesn’t weaken                                                                               sion, and job growth. Yes, job growth.
                                                health standards, it just simply is not                 from Kentucky will state his inquiry.
                                                                                                          Mr. WHITFIELD. I want to thank the                    Contrary to the belief of my colleagues
                                                accurate.                                                                                                       on the other side, protecting our envi-
                                                  So I urge support for this amend-                     gentleman from California for raising
                                                                                                        this issue.                                             ronment and our health doesn’t stifle
                                                ment, and I yield back the balance of                                                                           jobs; in fact, it saves jobs. That’s be-
                                                                                                          So, to make sure I understand, if our
                                                my time.                                                                                                        cause, when you develop, manufacture,
                                                  Mr. WHITFIELD. I move to strike                       respected colleagues offer an amend-
                                                                                                        ment on that side and take 5 minutes                    and implement environmental tech-
                                                the last word.
                                                  The Acting CHAIR. The gentleman                       to explain their amendment, then                        nologies, it’s labor intensive. That ex-
                                                from Kentucky is recognized for 5 min-                  someone on our side can claim time in                   plains why during this same period
                                                utes.                                                   opposition, and we would get 5 min-                     that the Clean Air Act kept more than
                                                  Mr. WHITFIELD. I just want to                         utes; is that correct?                                  1.7 million tons of poisonous chemicals
                                                make one comment.                                         The Acting CHAIR. An opponent is                      out of our lungs that it also contrib-
                                                  I made the comment that the EPA                       entitled to 5 minutes.                                  uted to 207 percent increase—that’s
                                                did not quantify any health benefit                       Mr. WHITFIELD. In addition to that,                   right, 207 percent—in the Nation’s
                                                from the reduction of mercury. I might                  if we come back later and strike the                    GDP.
                                                                                                        last word, we would get another 5 min-
                                                also say that, in the court case, EPA                                                                                             b 1620
                                                tried to delay the Boiler MACT rule                     utes if we desire to do so. Is that cor-
                                                                                                        rect?                                                     So that is why I am offering an
                                                itself. In this legislation, because they                                                                       amendment today, to acknowledge
                                                                                                          The Acting CHAIR. The gentleman is
                                                lost that court case, we are simply say-                                                                        that this bill, H.R. 2250, will block
                                                ing we think you’re right, that you do                    Mr. WHITFIELD. I thank the Chair.                     rules that would have created at least
                                                need to take a little bit more time. For                  The Acting CHAIR. The question is                     2,200 jobs. This number is a very con-
                                                that reason, I would respectfully op-                   on the amendment offered by the gen-                    servative estimate. It doesn’t count the
                                                pose the amendment.                                     tleman from Massachusetts (Mr. MAR-                     good-paying jobs that would come from
                                                  I yield back the balance of my time.                  KEY).                                                   increased demand for the manufacture
                                                           PARLIAMENTARY INQUIRIES                        The question was taken; and the Act-                  and installation of pollution control
                                                  Mr. WAXMAN. Mr. Chairman, a point                     ing Chair announced that the noes ap-                   devices. It doesn’t count the benefits to
                                                of parliamentary inquiry.                               peared to have it.
                                                  The Acting CHAIR. The gentleman                                                                               industry of improved worker produc-
                                                                                                          Mr. MARKEY. Mr. Chairman, I de-                       tivity due to the 320,000 sick days
                                                from California will state his inquiry.                 mand a recorded vote.
                                                  Mr. WAXMAN. I just have a question                                                                            avoided by reducing pollution under
                                                                                                          The Acting CHAIR. Pursuant to                         the rules. But even conservatively, it
                                                about the parliamentary manner in                       clause 6 of rule XVIII, further pro-
                                                which the debate is being handled.                                                                              puts 2,200 Americans back to work.
                                                                                                        ceedings on the amendment offered by                      So I would like to ask my colleagues
                                                  When I asked the other day for time                   the gentleman from Massachusetts
                                                to speak on the bill, I was recognized                                                                          on the other side who are supporting
                                                                                                        (Mr. MARKEY) will be postponed.
                                                for 5 minutes. Then I asked to strike                                                                           this legislation to eviscerate the stand-
                                                                                                             AMENDMENT NO. 2 OFFERED BY MS. EDWARDS
                                                the last word so I could speak again,                                                                           ards, at a time when we have 14 million
                                                                                                          Ms. EDWARDS. Mr. Chairman, I have                     Americans unemployed, Mr. Chairman,
                                                and it was subjected to a unanimous                     an amendment at the desk.
                                                consent request. That wasn’t the re-                                                                            why in the world would you chip away
                                                                                                          The Acting CHAIR. The Clerk will
                                                quest for the gentleman from Ken-                                                                               at a law that has helped to stoke the
                                                                                                        designate the amendment.
                                                tucky to be given an additional 5 min-                    The text of the amendment is as fol-                  American economy for 40 years and put
                                                utes, which I would not have objected                   lows:                                                   millions of people back to work?
                                                to, but I just wonder, what are the                       After section 1, insert the following section
                                                                                                                                                                  Study after study has actually docu-
                                                standards in terms of having a Member                   (and redesignate subsequent sections, and               mented the connection between em-
                                                speak twice in the debate?                              conform internal cross-references, accord-              ployment and environmental regula-
                                                  The Acting CHAIR. The gentleman                       ingly):                                                 tions, and the facts really speak for
                                                from Kentucky claimed the 5 minutes                     SEC. 2. FINDING.                                        themselves. The four most heavily reg-
                                                of time that is allowed for opposition.                   The Congress finds that, according to the             ulated industries—pulp and paper, re-
                                                                                                        Environmental Protection Agency’s analysis              fining, iron and steel, and plastics—
                                                He then moved to strike the last word,                  of the impacts of the final rules specified in
                                                and was recognized for 5 minutes on his                                                                         have seen a net increase of 1.5 jobs for
                                                                                                        section 3(b)(1) and section (3)(b)(2) on em-
                                                pro forma amendment.                                    ployment, based on peer-reviewed literature,
                                                                                                                                                                every $1 million they spend on com-
                                                  Mr. WAXMAN. So the rule is that                       such rules would create 2,200 net additional            plying with standards. These are also
                                                any Member can speak on the amend-                      jobs, not including the jobs created to manu-           some of the biggest users of industrial
                                                ment and also strike the last word and                  facture and install equipment to reduce air             boilers and incinerators that are, in
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                                                have two 5-minute timeframes?                           pollution.                                              fact, the subject of this bill.
                                                  The Acting CHAIR. Only if the first 5                   The Acting CHAIR. The gentlewoman                       One single rule, the first phase of the
                                                minutes is allocated to speak in oppo-                  from Maryland is recognized for 5 min-                  Clean Air Interstate Rule, has brought
                                                sition.                                                 utes.                                                   200,000 new jobs in the air pollution
                                                  Mr. WAXMAN. I asked a while ago to                      Ms. EDWARDS. Mr. Chairman, there                      control industry just in the past 7
                                                speak in favor of an amendment. I was                   is a strong sense of deja vu here in the                years, an average rate of 29,000 addi-
                                                told that I had to strike the last word.                Chamber today.                                          tional workers employed each year.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                H6703
                                                And keep in mind, Mr. Chairman, we                      models that were used; we question the                 parent analysis and subject it to public
                                                have a Congress, a Republican-con-                      assumptions made; we question the                      comment. EPA determined that the
                                                trolled Congress, that actually hasn’t                  lack of transparency in some of EPA’s                  boiler rules would create a net 2,200
                                                created one job. The boilermaker work-                  numbers.                                               jobs, not including jobs created to
                                                force, a group that is directly affected                  But more important than that, we’ve                  manufacture and install air pollution
                                                by the air quality standards wiped out                  had the Council of Industrial Boiler                   equipment.
                                                by this bill, actually grew 35 percent                  Owners, who—you may or may not                           Of course the boiler rules do more
                                                between 1999 and 2001 simply because                    agree with their numbers, but they                     than just create jobs. They prevent up
                                                more stringent pollution controls had                   have concluded that these rules would                  to 6,600 premature deaths, 4,100
                                                to be installed to meet the EPA’s re-                   put at risk over 230,000 jobs. So the                  nonfatal heart attacks, 42,000 cases of
                                                gional nitrogen oxide reduction stand-                  EPA is saying, well, you are going to                  aggravated asthma. So that means
                                                ards.                                                   gain 2,200. They are saying that you are               that we are going to have a healthier
                                                  The U.S. environmental technologies                   going to put at risk 230,000. Then we                  workforce and a more efficient econ-
                                                and services industry employed 1.7 mil-                 had the American Forest & Paper Asso-                  omy. EPA also found the boiler rules
                                                lion workers in 2008 and exported some                  ciation, who concluded that they are                   will provide at least $10 to $24 in health
                                                $44 billion worth of goods and services.                putting at risk, under these new rules,                benefits for every $1 in costs.
                                                That’s a fourfold increase over 1990,                   over 20,000 jobs. We may be picking up                   But the Council of Industrial Boiler
                                                when the Clean Air Act was amended.                     2,200, but you are going to put at risk                Owners put out this study, estimating
                                                So here we have a thriving inter-                       230,000 plus 20,000 more.                              the standards would lead to 338,000 to
                                                national market for these goods and                       Then the whole argument that this                    800,000 lost jobs. Well, that was their
                                                services, estimated at more than $700                   administration seems to be making a                    analysis. But this analysis wildly over-
                                                billion—on par, actually, with the                      lot of is that, if you issue regulations               stated the impact of these rules by in-
                                                aerospace and pharmaceutical indus-                     and you put additional requirements                    flating the costs, ignoring the job
                                                tries—and this Congress, this Repub-                    in, then you create jobs. But yet I be-                growth resulting from investment in
                                                lican Congress actually wants to de-                    lieve that many people would say, in                   pollution control equipment, and ig-
                                                stroy that. Unbelievable.                               the history of our country, we’ve be-                  noring the fact that business can inno-
                                                  Mr. Chairman, the U.S. is recognized                  come a strong economic power because                   vate and adapt to pollution control
                                                as a world leader in technologies like                  we’ve had individuals willing to invest                standards.
                                                pollution monitoring and control                                                                                 So the nonpartisan CRS, Congres-
                                                                                                        money, to be innovative, to be free
                                                equipment, information systems for en-                                                                         sional Research Service, examined the
                                                                                                        marketeers, to go out with a new prod-
                                                                                                                                                               industry study, and they said the basis
                                                vironmental management and analysis,                    uct, produce it, create jobs, and that
                                                                                                                                                               of this CIBO study, the Council of In-
                                                engineering, and design. We became a                    creates wealth and increases our gross
                                                                                                                                                               dustrial Boiler Owners, was flawed;
                                                leader because the Clean Air Act and                    domestic product.
                                                                                                                                                               and, as a result, the Congressional Re-
                                                other environmental legislation has ac-                   But now we seem to be having this
                                                                                                                                                               search Service said little credence can
                                                tually challenged us to innovate. We                    argument that, well, if we have more
                                                                                                                                                               be placed in their estimate of job
                                                answered that challenge. Americans                      regulations, we will create more jobs.
                                                answered the challenge, and, as a re-                   And I would say to you that EPA, over
                                                sult, our share of the global market is                 this last year, has been the most ag-                                   b 1630
                                                actually growing. In fact, we had a net                 gressive in recent memory. They have                     The National Association of Clean
                                                trade surplus of $11 billion in environ-                had about 12 or 13 major regulations,                  Air Agencies also reviewed the study.
                                                mental technologies in 2008. This is                    and we still find that our unemploy-                   These are the people who implement
                                                good business, Mr. Chairman, and so                     ment rate nationwide is around 9.1 per-                the standards at the State and local
                                                it’s ironic that the people around the                  cent. So if all of these regulations are               levels. They found the industry study
                                                world are eager to reap rewards on su-                  creating all of these new jobs, where                  assumptions about the number of
                                                perior American ingenuity and know-                     are they?                                              sources that would need to make
                                                how while this Chamber is bringing for-                   So for the simple reason that this                   changes to comply were grossly in
                                                ward a bill today that would deprive                    amendment would require us to put in                   error. Now, even though the Council on
                                                the American people of the rewards and                  a finding that this regulation will cre-               Boiler Owners’ study has been thor-
                                                benefits of that ingenuity.                             ate 2,200 net additional jobs, when we                 oughly debunked, this week the Repub-
                                                  Look, Congress can and has to do                      have testimony, when we have wit-                      licans circulated a ‘‘Dear Colleague’’
                                                better. The American people are ex-                     nesses, when we have documentation                     citing this study and using it to pro-
                                                pecting it. In fact, we depend on it. And               that the affected industries would put                 vide numbers of potential jobs at risk.
                                                so here we are again, 14 million people                 at risk many more thousands of jobs                    And that, of course, has been the basis
                                                unemployed, millions in poverty, when                   than would be gained, I would respect-                 for the statement that has been made
                                                we could be creating jobs, but, instead,                fully oppose the gentlelady from Mary-                 during the course of today’s debate.
                                                we’re destroying them.                                  land’s amendment.                                        That’s why this amendment is impor-
                                                  I want to urge all my colleagues to                     I yield back the balance of my time.                 tant. If the Republicans insist on ref-
                                                support my amendment. And, as Mem-                        Mr. WAXMAN. I move to strike the                     erencing flawed industry studies citing
                                                bers of this Chamber, Republicans and                   last word.                                             job losses, then we should ensure that
                                                Democrats alike, it’s time for us to                      The Acting CHAIR. The gentleman                      EPA’s peer-reviewed analysis showing
                                                join together in putting the country                    from California is recognized for 5 min-               the potential for job growth is included
                                                first, and together we can get America                  utes.                                                  in the RECORD as well.
                                                back to work.                                             Mr. WAXMAN. I want to counter the                      The amendment before us does not
                                                  I yield back the balance of my time.                  statement that was just made.                          change the underlying bill in a sub-
                                                  Mr. WHITFIELD. I claim time in op-                      We have an estimate from the boiler                  stantive way. It still nullifies the boil-
                                                position to the amendment.                              industry association, and they say that                er rules and all of the health benefits
                                                  The Acting CHAIR. The gentleman                       there is going to be a loss of jobs, and               these rules would provide. But the
                                                from Kentucky is recognized for 5 min-                  that was what was cited by my friend                   amendment before us simply ensures
                                                utes.                                                   from Kentucky. But EPA did a very                      that the bill’s text includes a simple
                                                  Mr. WHITFIELD. The amendment of-                      careful, rigorous 251-page economic                    fact: EPA estimates that the boiler
                                                fered by the gentlelady from Maryland                   analysis and found that the boiler rules               rules will create jobs, not destroy
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                                                would require that we adopt a finding                   issued in February would be expected                   them.
                                                by the EPA that its boiler and inciner-                 to create over 2,000 jobs, which is the                  I would like, at this point, to ask the
                                                ator rules will create 2,200 net jobs.                  finding that the author of this amend-                 gentleman from Kentucky what other
                                                The reason that we respectfully oppose                  ment would have us put in the legisla-                 sources he has for his claim that there
                                                that is because that is EPA’s analysis.                 tion.                                                  would be job losses, other than the
                                                And from hearings and from inde-                          Unlike the industry studies, EPA had                 study by the Council of Industrial Boil-
                                                pendent groups, we do question the                      to follow guidelines and use a trans-                  er Owners. He said that they had their

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                                                H6704                                              CONGRESSIONAL RECORD — HOUSE                                                    October 11, 2011
                                                report, but this was verified by other                  pertise in meeting tough state, local, re-             common sense, and thank goodness we
                                                independent    sources.    What    other                gional and national air-quality codes, stand-          can rely on common sense.
                                                sources can verify what the CIBO                        ards and regulations with innovative and                 In regard to the letter by the Amer-
                                                                                                        real-world design solutions—stands ready               ican Boiler Manufacturers Association,
                                                states, based on their study which has                  and able to help those affected by these rules
                                                been found to be flawed?                                to comply with them in a timely and cost-
                                                                                                                                                               a company that makes money either
                                                  I would yield to the gentleman to                     effective manner. Further delays, over and             way, whether they get this bill passed
                                                cite any other information.                             above those already extended by EPA, will              and they sell their products overseas or
                                                  Mr. WHITFIELD. I thank the gen-                       not necessarily result in improved rules;              they sell their products in this coun-
                                                tleman from California.                                 they will only exacerbate future compliance            try, I have to tell you, I was affronted
                                                  You’re accurate. The Council of In-                   issues and costs; labor and materials costs            by their language that was just re-
                                                                                                        are currently stable and domestic boiler and           peated on the floor where they talked
                                                dustrial Boiler Owners was one. Also
                                                                                                        combustion equipment manufacturing capac-              about congressional intrusion.
                                                information we’ve received from the                     ity is available now to service the full range
                                                five labor unions on this issue point                                                                            Congressional intrusion? Does the
                                                                                                        of compliance options available under the
                                                out some numbers. And then the other                                                                           EPA make the laws of this country, or
                                                                                                        new rules—from simple boiler tune-ups and
                                                one was AF&PA, American Forest &                        system upgrades and optimizations to sys-              does the Congress of the United States
                                                Paper Association. And then we have a                   tem replacement.                                       make the laws? I believe the Congress
                                                                                                          The types of clean, efficient, fuel-flexible,        of the United States makes the laws of
                                                letter from Smucker’s and a few other
                                                                                                        cost-effective and technologically advanced            this country; and when we see some-
                                                industries.                                             products and equipment that can be supplied            thing that is bad for America, it is our
                                                  Mr. WAXMAN. Okay. Let me point                        by the U.S. boiler manufacturing industry              job to intervene and make the proper
                                                out I have a statement by the Amer-                     are critically important for long-term public          decisions for the United States of
                                                ican Boiler Manufacturers Association.                  health, environmental quality and business
                                                                                                                                                               America, and it is not intrusion to do
                                                These are the companies that actually                   stability. The ABMA urges you to vote
                                                                                                                                                               our job.
                                                design, manufacture and supply the                      against H.R. 2250, to let the rulemaking
                                                                                                        process within EPA go forward without Con-               It’s not intrusion to tell the EPA: We
                                                commercial, institutional, and indus-                                                                          were the ones elected by the people,
                                                                                                        gressional interference, and to cast aside any
                                                trial boilers.                                                                                                 not the EPA; and that we are the folks
                                                                                                        further delaying tactics or excuses that only
                                                  The Acting CHAIR. The time of the                     serve to retard growth, defer job creation             who have to bring our common sense to
                                                gentleman has expired.                                  and spawn confusion.                                   bear and recognize that we have an ob-
                                                  (By unanimous consent, Mr. WAXMAN                           Sincerely,                                       ligation not only to the environment,
                                                was allowed to proceed for 30 addi-                                         W. RANDALL RAWSON,                 but to make sure that our people have
                                                tional seconds.)                                                     President/Chief Executive Officer.        the money to be able to afford to heat
                                                  Mr. WAXMAN. They said it is imper-                      Mr. GRIFFITH of Virginia. I move to                  their homes, to be able to afford to feed
                                                ative that the rulemaking process—al-                   strike the last word.                                  their families, and to be able to afford
                                                ready under way for a decade—goes for-                    The Acting CHAIR. The gentleman is                   to seek the American Dream like we
                                                ward unencumbered by congressional                      recognized for 5 minutes.                              had the opportunity and our parents
                                                intrusion and that final regulations be                   Mr. GRIFFITH of Virginia. Thank                      had the opportunity.
                                                promulgated as soon as possible to al-                  goodness, ladies and gentlemen, we                       Ms. EDWARDS. Will the gentleman
                                                leviate continued and further confusion                 don’t have to check our common sense                   yield?
                                                and uncertainty in the marketplace                      at the door and rely on the EPA to be                    Mr. GRIFFITH of Virginia. I yield to
                                                and to begin generating what we expect                  the pinnacle of common sense and rea-                  the gentlelady from Maryland.
                                                will be the new high-tech engineering                   son in this body.                                        Ms. EDWARDS. Just one question for
                                                and domestic manufacturing jobs in                        We are asked what sources do we                      the gentleman. I wonder if there is any
                                                the boiler and boiler-related sectors.                  have, and you heard the gentleman                      time frame at all that would be accept-
                                                  I submit that this is a reason to vote                from Kentucky name off sources; but it                 able for the implementation of stand-
                                                for this amendment, and what we’ve                      only takes common sense to under-                      ards that would save lives and create
                                                had are arguments that have come                        stand that when you represent a dis-                   jobs?
                                                from a self-interested group based on a                 trict like mine, where many of the                       Mr. GRIFFITH of Virginia. I would
                                                study that was found to be a flawed                     communities are separated by rivers                    say to the gentlelady that the bill says
                                                study. So I urge support for the amend-                 and mountains, that to comply with                     there’s to be a 5-year period. It can be
                                                                                                        the current EPA rules on boilers,                      extended, but there has to be a conclu-
                                                                                                        which would require many changes and                   sion at some point. The bill calls for
                                                                    AMERICAN BOILER                                                                            that.
                                                          MANUFACTURERS ASSOCIATION,                    may require new gas pipelines to go to
                                                                                                        existing job sites, that you cannot ac-                  But the administrator of the EPA,
                                                                Vienna, VA, October 10, 2011.
                                                  TO MEMBERS OF THE UNITED STATES HOUSE                 complish that in 3 years.                              and unless we assume that the admin-
                                                OF REPRESENTATIVES: The American Boiler                   And if you cannot accomplish it                      istrator of the EPA is just going to say
                                                Manufacturers      Association  (ABMA)—the              under the current rules in 3 years, you                nobody has to finish any time, can
                                                companies that actually design, manufac-                need a bill like H.R. 2250 to make sure                take a look on a case-by-case basis; and
                                                ture and supply the commercial, institu-
                                                                                                        that you have time to be able to get                   if it’s going to take a little bit longer
                                                tional, industrial boilers and combustion                                                                      to get the job done, then they can
                                                equipment in question—strongly opposes                  the easements necessary, perhaps even
                                                                                                                                                               make a real-world decision that has
                                                H.R. 2250, the EPA Regulatory Relief Act of             through condemnation process and
                                                                                                                                                               real work effects positively on jobs in-
                                                2011 and any legislation that would further             lawsuits, to bring in that natural gas
                                                                                                                                                               stead of a blanket decision that makes
                                                delay, by legislative fiat, the ongoing EPA             pipeline so that your factory can stay
                                                                                                                                                               it impossible for businesses to be able
                                                rulemaking process now playing itself out               open.
                                                with respect to the National Emission                     And if you can’t do it in 3 years and                continue to employ people that they
                                                Standards for Hazardous Air Pollutants for              the law says you have to do it in 3                    may have employed in this country for
                                                Major and Area Sources: Industrial, Com-                                                                       decades and not force those people to
                                                                                                        years, with the possible extension of 1,
                                                mercial, and Institutional Boilers and Proc-                                                                   go overseas.
                                                                                                        and you’re looking at the opportunity
                                                ess Heaters rules.                                                                                               I yield back the balance of my time.
                                                  It is imperative that the rulemaking proc-            to keep jobs here or not be able to com-                 The Acting CHAIR. The question is
                                                ess—already under way for over a decade—                ply, face big fines or move that factory               on the amendment offered by the gen-
                                                goes forward unencumbered by Congressional              to a country that wants your jobs in-                  tlewoman       from    Maryland      (Ms.
                                                intrusion and that final regulations be pro-            stead of what the EPA in this country                  EDWARDS).
                                                mulgated as soon as possible to alleviate               appears to want, which is our jobs to go                 The question was taken; and the Act-
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                                                continued and further confusion and uncer-              overseas, then common sense tells you                  ing Chair announced that the ayes ap-
                                                tainty in the marketplace and to begin gen-             that there’s no way that these strict
                                                erating what we expect will be new, high-                                                                      peared to have it.
                                                                                                        Boiler MACT rules with a 3-year imple-                   Mr. WHITFIELD. I demand a re-
                                                tech engineering and domestic manufac-
                                                turing jobs in the boiler and boiler-related            mentation time will create 2,200 net                   corded vote.
                                                sectors.                                                jobs. It doesn’t take geniuses to figure                 The Acting CHAIR. Pursuant to
                                                  The U.S. boiler and combustion equipment              that out. It doesn’t take huge studies                 clause 6 of rule XVIII, further pro-
                                                industry—with decades of experience and ex-             to figure that out. What it takes is                   ceedings on the amendment offered by

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                              H6705
                                                the gentlewoman from Maryland will                        In 2000 the National Academy of                      this amendment that simply puts a sci-
                                                be postponed.                                           Sciences issued a report on the toxic                  entific fact into the legislation.
                                                       AMENDMENT NO. 1 OFFERED BY MS.                   effects of mercury. Over and over, the                   I yield back the balance of my time.
                                                               SCHAKOWSKY                               report details the toxicity of mercury                   Mr. WHITFIELD. I claim time in op-
                                                  Ms. SCHAKOWSKY. Mr. Chairman, I                       in very stark terms. ‘‘Mercury is high-                position to the amendment.
                                                have an amendment at the desk.                          ly toxic. Exposure to mercury can re-                    The Acting CHAIR. The gentleman
                                                  The Acting CHAIR. The Clerk will                      sult in adverse effects in several organ               from Kentucky is recognized for 5 min-
                                                designate the amendment.                                systems throughout the lifespan of hu-                 utes.
                                                  The text of the amendment is as fol-                  mans and animals. There are extensive                    Mr. WHITFIELD. I certainly have
                                                lows:                                                   data on the effects of mercury on the                  great respect for the gentlelady from
                                                  After section 1, insert the following section         development of the brain in humans                     Illinois. Her amendment basically
                                                (and redesignate the subsequent sections,
                                                                                                        and animals.’’ High-dose exposures can                 reads that the Congress finds that mer-
                                                and conform internal cross-references, ac-
                                                                                                        cause ‘‘mental retardation, cerebral                   cury released into the ambient air is a
                                                cordingly):                                                                                                    potent neurotoxin. From the hearings
                                                SEC. 2. FINDING.                                        palsy, deafness, and blindness’’ in indi-
                                                                                                                                                               that we’ve had and the discussions that
                                                  The Congress finds that mercury released              viduals exposed in utero, and sensory
                                                                                                                                                               we’ve had and the documents that we
                                                into the ambient air from industrial boilers            and motor impairment in exposed
                                                                                                                                                               have seen, the scientific understanding
                                                and waste incinerators addressed by the                 adults.
                                                rules listed in section 2(b) of this Act is a po-                                                              of mercury seems to be more com-
                                                                                                          ‘‘Chronic, low-dose prenatal mercury
                                                tent neurotoxin that can damage the devel-                                                                     plicated, as reflected in her amend-
                                                                                                        exposure from maternal consumption
                                                opment of an infant’s brain.                                                                                   ment.
                                                                                                        of fish’’ has been associated with im-                   Now, why do I say that? I say that
                                                  The Acting CHAIR. The gentlewoman                     pacts on attention, fine motor func-
                                                from Illinois is recognized for 5 min-                                                                         because your amendment says, mer-
                                                                                                        tion, language, and verbal memory.                     cury released into the ambient air. It’s
                                                utes.                                                   Overall, data indicate that ‘‘the devel-
                                                  Ms. SCHAKOWSKY. Last week I of-                                                                              our understanding that methylmercury
                                                                                                        oping nervous system is a sensitive tar-               is the neurotoxin. That mercury re-
                                                fered an amendment that gave us the                     get organ for low-dose mercury expo-
                                                opportunity to demonstrate that we                                                                             leased into the ambient air alone is not
                                                                                                        sure.                                                  a neurotoxin. For that reason, we
                                                are aware of the impacts of our ac-                       ‘‘Prenatal exposures interfere with
                                                tions. We failed to take advantage of                                                                          would oppose the amendment, because
                                                                                                        the growth and migration of neurons                    there’s a difference in methylmercury
                                                that opportunity, and today we have                     and have the potential to cause irre-
                                                another chance, and I hope we will                                                                             and pure mercury.
                                                                                                        versible damage to the developing cen-                   One other comment that I would
                                                take it.                                                tral nervous system.’’
                                                  My amendment simply includes in                                                                              make is that our legislation does pro-
                                                                                                          What is so complicated about that?                   vide a minimum of 5 years to comply
                                                the findings section of the bill, creates                 The EPA industrial boiler and waste
                                                a findings section, if you will, the sci-                                                                      with the new rules that EPA may come
                                                                                                        incinerator standards would reduce                     forth with. And it can go beyond that,
                                                entific fact that mercury released into                 this major threat without undue bur-
                                                the ambient air from industrial boilers                                                                        but that would be at the total discre-
                                                                                                        den to industry. The legislation we                    tion of the administrator of EPA. For
                                                and waste incinerators is a potent                      consider today will block EPA’s ef-
                                                neurotoxin that can damage the devel-                                                                          that reason, we really certainly do not
                                                                                                        forts. It will send EPA back to the                    have any concern that it would never
                                                opment of an infant’s brain. That’s                     drawing board with new, untested, and
                                                what the amendment says. It inserts                                                                            be set with a firm deadline. In fact, in
                                                                                                        legally vulnerable guidance for setting                the legislation we say the compliance
                                                the following section into the findings,
                                                                                                        air pollution standards. And most trou-                deadline shall be set a minimum of 5
                                                and it says the Congress finds that
                                                                                                        bling, it will indefinitely delay any re-              years and the administrator may allow
                                                mercury released into the ambient air
                                                                                                        quirement to actually reduce pollution                 it to go further than that. So the argu-
                                                from industrial boilers and waste incin-
                                                                                                        from industrial boilers and waste incin-               ment that it would go on forever and
                                                erators addressed by the rules listed in
                                                                                                        erators.                                               ever, we genuinely believe is pretty re-
                                                section 2(b) of this act is a potent
                                                                                                          The gentleman said there has to be                   mote. The simple reason, as I stated,
                                                neurotoxin that can damage the devel-
                                                                                                        an end date. This legislation says there               about the scientific assumption, the
                                                opment of an infant’s brain.
                                                  Mercury is one of the most harmful                    doesn’t have to be an end date.                        scientific understanding of the dif-
                                                                                                          My colleagues across the aisle talk a                ference in mercury and methylmercury
                                                toxins in our environment. Forty-eight
                                                                                                        lot about not wanting to burden the                    is the reason we would respectfully op-
                                                tons of mercury is pumped into our air
                                                                                                        next generation with debt. Where is                    pose the amendment setting that in
                                                each year, threatening one in six
                                                                                                        their concern with burdening the next                  the finding.
                                                women nationwide with dangerous lev-
                                                els of mercury exposure. Pregnant                       generation with reduced brain capac-                     I yield back the balance of my time.
                                                women, infants, and young children are                  ity? But even considering the very seri-                 Mr. WAXMAN. I move to strike the
                                                most vulnerable to mercury poisoning,                   ous policy differences we have today,                  last word.
                                                which harms a developing child’s abil-                  my     amendment      should    be  non-                 The Acting CHAIR. The gentleman
                                                ity to walk, talk, read, write, and com-                controversial. It would not alter the                  from California is recognized for 5 min-
                                                prehend.                                                goals or the implementation of the                     utes.
                                                                                                        pending legislation. It simply recog-                    Mr. WAXMAN. This amendment sim-
                                                                  b 1640                                nizes what scientists and the public                   ply states a scientific fact: Mercury is
                                                  Developing fetuses and children are                   health community tell us about mer-                    a potent neurotoxin that can damage
                                                especially at risk, as even low-level                   cury.                                                  the development of an infant’s brain.
                                                mercury exposure can cause adverse                        We will never be able to bridge our                  In 2000, the National Academy of
                                                health effects. Up to 10 percent of U.S.                policy differences if we can’t even                    Sciences concluded that the data link-
                                                women of childbearing age are esti-                     agree on basic facts of science. H.R.                  ing neurodevelopment effects to mer-
                                                mated to have mercury levels high                       2250 patently ignores the scientifically               cury exposure is extensive. So what do
                                                enough to put their developing children                 proven fact that mercury exposure in-                  we hear from the Republican side of
                                                at increased risk for cognitive prob-                   hibits brain development, especially in                the aisle? Science denial. When we
                                                lems.                                                   infants. If we are prepared to pass leg-               talked about climate change and all
                                                  During the debate on my mercury                       islation that would jeopardize the                     the impact of the greenhouse gases,
                                                findings amendment last week, my                        health of children, we should be willing               they said there’s no problem. Science
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                                                friend Mr. WHITFIELD stated, ‘‘The sci-                 minimally to acknowledge the sci-                      denial.
                                                entific understanding of mercury is                     entific fact that EPA inaction poses a                   Well, let me just say that the Repub-
                                                certainly far more complicated than is                  serious health risk.                                   lican majority in the House can vote to
                                                reflected in this finding that asks to be                 Last week we failed to meet our obli-                amend the Clean Air Act, but they can-
                                                included in this bill.’’ I really don’t                 gation to recognize the consequences of                not vote to amend the laws of nature.
                                                know what he finds so complicated.                      our actions. Let’s not repeat this mis-                Babies born to women exposed to mer-
                                                The science is very straightforward.                    take. I urge my colleagues to support                  cury during pregnancy can suffer from

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                                                H6706                                              CONGRESSIONAL RECORD — HOUSE                                                      October 11, 2011
                                                a range of developmental and neuro-                     he’ll be satisfied with that change be-                  The question was taken; and the Act-
                                                logical abnormalities, including de-                    cause you’re stating it in a very clear,               ing Chair announced that the ayes ap-
                                                layed onset of walking, delayed onset                   unequivocal way as a scientific finding.               peared to have it.
                                                of talking, cerebral palsy, and lower                     Would the gentleman from Kentucky                      Mr. WHITFIELD. I demand a re-
                                                neurological test scores. The National                  be willing to agree to that statement of               corded vote.
                                                Academy of Sciences estimates each                      the issue?                                               The Acting CHAIR. Pursuant to
                                                year about 60,000 children may be born                    Mr. WHITFIELD. Would the gentle-                     clause 6 of rule XVIII, further pro-
                                                in the U.S. with neurological problems                  lady repeat what she is suggesting?                    ceedings on the amendment offered by
                                                that could lead to poor school perform-                   Ms. SCHAKOWSKY. Instead of say-                      the gentlewoman from Illinois will be
                                                ance because of exposure to mercury in                  ing that the mercury that’s released is                postponed.
                                                utero. The effects of mercury exposure                  a potent neurotoxin, I say, ‘‘becomes a                  AMENDMENT NO. 12 OFFERED BY MR. ELLISON
                                                in utero are insidious and long term.                   potent neurotoxin that can damage the                    Mr. ELLISON. Mr. Chairman, I have
                                                  Now, why are we hearing that this                     development of an infant’s brain,’’ be-                an amendment at the desk.
                                                isn’t a scientific fact? Well, I heard a                cause that is the science. That’s what                   The Acting CHAIR. The Clerk will
                                                distinction of mercury and mercury                      happens.                                               designate the amendment.
                                                when it’s mixed with other chemicals. I                   Mr. WAXMAN. I yield further to the                     The text of the amendment is as fol-
                                                think what we have here is, make up                     gentleman from Kentucky.                               lows:
                                                the science as you go along but deny                      Mr. WHITFIELD. Well, let me just                       Page 6, line 24, insert ‘‘, except that the
                                                the science that the scientists have                    ask a parliamentary inquiry here.                      date for compliance with standards and re-
                                                worked for decades establishing.                        What is the parliamentary procedure if                 quirements under such regulation may be
                                                  Boilers and incinerators are one of                   we were to attempt to do something                     earlier than 5 years after the effective date
                                                                                                                                                               of the regulation if the Administrator finds
                                                the largest sources of airborne mercury                 like that?                                             that such regulation will create more than
                                                pollution in the U.S. For far too long                    Mr. WAXMAN. Well, let’s worry                        1,000 jobs’’ after ‘‘regulation’’.
                                                they have been allowed to pollute                       about that later.
                                                                                                                                                                 The Acting CHAIR. The gentleman
                                                unabated. And now the Republican                          How about the substance of that
                                                                                                                                                               from Minnesota is recognized for 5 min-
                                                leadership wants to nullify the rules                   change? Would you be willing to accept
                                                that EPA finalized to cut emissions of                  that change in the findings on the leg-
                                                                                                                                                                 Mr. ELLISON. Mr. Chair, my amend-
                                                mercury and other toxic air pollution                   islation?
                                                                                                                                                               ment is very simple. What it says is
                                                from boilers and incinerators. These                      Mr. WHITFIELD. What I go back to
                                                                                                                                                               that if the EPA administrator finds
                                                rules were more than a decade late.                     is that, in EPA’s own analysis, they in-
                                                                                                                                                               that the regulation creates more than
                                                The Republicans say, Well, let EPA                      dicated that they—
                                                                                                          The Acting CHAIR. The time of the                    1,000 jobs, then the administrator can
                                                start the rulemaking process all over
                                                                                                        gentleman from California has expired.                 shorten the 5-year delay which the bill
                                                again. Let them comply with a dif-
                                                                                                          (By unanimous consent, Mr. WAXMAN                    would impose.
                                                ferent standard. We’re going to amend                                                                            So, very simply, the EPA adminis-
                                                the law to provide a different standard.                was allowed to proceed for 1 additional
                                                                                                        minute.)                                               trator can come forward and say, look,
                                                The different standard should not be to
                                                                                                          Mr. WAXMAN. I yield to the gen-                      1,000 jobs have been created by this,
                                                use the maximum available control
                                                                                                        tleman from Kentucky.                                  and therefore this delay of 5 years will
                                                technology but something that is the
                                                                                                          Mr. WHITFIELD. They indicated                        be shortened. That’s all the amend-
                                                lowest risk of harm or cost to the in-
                                                                                                        that there was no quantifiable benefit                 ment calls for. And in a time when we
                                                  The Republicans keep trying to jus-                   from the reduction of mercury.                         have such tremendous need for jobs in
                                                tify this bill by saying that the public                  Mr. WAXMAN. Well, this amendment                     America, I would think that if the EPA
                                                health benefits of cutting mercury pol-                 wouldn’t change the bill. This amend-                  can identify 1,000 jobs created in con-
                                                lution here at home aren’t significant                  ment simply says that mercury has the                  nection with this rule, then we should
                                                enough to justify the costs. Well, I                    potential to be a neurotoxin that could                certainly be able to shorten the 5-year
                                                think we’re talking about Science 101.                  affect children.                                       period of delay.
                                                This is not a subject to debate. Mer-                     Mr. WHITFIELD. Has the potential.                      So I ask for support for this amend-
                                                cury is a known neurotoxin. So I ask                      May I ask a parliamentary inquiry?                   ment because I’m sure that everybody
                                                those that support this bill, Are you                     The Acting CHAIR. Does the gen-                      on both sides of the aisle agrees whole-
                                                going to vote against what scientists                   tleman from California yield for that                  heartedly with job creation.
                                                                                                        purpose?                                                 And there has been, I believe, a false
                                                say is a fact? Many of you voted earlier
                                                                                                          Mr. WAXMAN. Well, let me ask, if we                  choice offered to the American people.
                                                this year to reject the overwhelming
                                                                                                        had a unanimous consent request,                       And this false choice is very simple to
                                                science linking carbon pollution to cli-
                                                                                                        could we change the amendment? As I                    describe, and that is that we can either
                                                mate change. I hope the Republicans
                                                                                                        understand it, we could.                               have rules that limit emissions from
                                                are not going to do the same thing now
                                                                                                          The Acting CHAIR. The proponent                      boilers or we can have jobs, but, ac-
                                                by rejecting what every public health
                                                                                                        may modify her amendment by unani-                     cording to some people in this body, we
                                                expert knows—mercury is a poison.
                                                                                                        mous consent.                                          can’t have both. We can’t have both
                                                                 b 1650                                   Mr. WAXMAN. I yield to the gen-                      clean lungs, be free of mercury, be free
                                                  I yield to the gentlelady from Illi-                  tleman if he wishes to seek a unani-                   of other neurotoxins and contami-
                                                nois.                                                   mous consent request in that regard.                   nants, and have jobs. I argue we can
                                                  Ms. SCHAKOWSKY. I thank the gen-                      Apparently, there is an objection.                     have both. And if the EPA adminis-
                                                tleman for yielding.                                      Reclaiming my time for the moment                    trator can demonstrate that there are
                                                  I would like to ask my friend, Mr.                    that I have left, what we are seeing is                jobs created here, then the 5-year pe-
                                                WHITFIELD, since we’re now talking                      Republicans unwilling to say anything                  riod should in fact be shortened.
                                                about mercury or methylmercury, if                      that has been scientifically estab-                      I argue that what we need to do here
                                                the amendment that I offered read, in-                  lished. They’re willing to deny the                    is to stand for jobs. And according to
                                                stead of the way it does, ‘‘If Congress                 science and do anything in order to                    EPA, what we have seen is that this
                                                finds that mercury released into the                    serve the interests of the industry. And               underlying rule, which would be de-
                                                ambient air from industrial boilers and                 I think we ought to have the finding in                layed by the bill, actually will create
                                                waste incinerators becomes a potent                     the bill since it does not affect the                  and has been estimated to create up to
                                                neurotoxin that can damage the devel-                   functions of the bill, itself.                         2,200 jobs. So let’s see if that’s actually
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                                                opment of an infant’s brain’’—because                     I urge support for the amendment,                    right. Let’s see if the proposal, as set
                                                that’s what happens. The mercury, if                    and I yield back the balance of my                     forth by the rule, would create jobs as
                                                you want to pick the semantics of it,                   time.                                                  the EPA administrator says it will.
                                                becomes    methylmercury—then        we                   The Acting CHAIR. The question is                    And if it does, we should say let’s go
                                                could make it that way.                                 on the amendment offered by the gen-                   forth.
                                                  Mr. WAXMAN. Well, let me yield to                     tlewoman from Illinois (Ms. SCHA-                        The economic impact of the boiler
                                                the gentleman from Kentucky. Maybe                      KOWSKY).                                               regulation is exceptionally positive.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                 H6707
                                                The EPA’s data shows that by reducing                     Once again, we’re hearing the argu-                  much. Those of us on the Democratic
                                                the particulate matter pollution from                   ment that if you have enough regula-                   side think we need careful regulation.
                                                industrial boilers we will generate net                 tions, you’re going to create jobs. And                We shouldn’t have too much, but we
                                                economic benefits of $22 billion to $56                 the gentleman referred to EPA’s esti-                  shouldn’t abolish it all together.
                                                billion every year. So why wouldn’t we                  mate that there may be a net gain of                     An appropriate regulation levels the
                                                want to take full advantage of that                     2,200 jobs as a result of this regulation.             playing field for our businesses and in-
                                                economic activity, as all of us are con-                But when you look at the Council of                    dustries, but it also gives a fair shot to
                                                cerned about jobs.                                      Industrial Boilers, when you read the                  the health, safety, and concerns of our
                                                  The over 40 years of success of the                   documentation from labor unions, from                  people who have no control over the
                                                Clean Air Act have demonstrated that                    the forest paper products, from the uni-               production processes and how those
                                                strong environmental protections and                    versities, they say there are at risk, as              may affect their health.
                                                strong economic growth go hand in                       a direct result of this regulation, in ex-               The issue presented in my amend-
                                                hand. They are not one versus the                       cess of 280,000 jobs.                                  ment is not about a regulation, but it’s
                                                other. They go together. Since 1970, the                                                                       related to the effort to roll back regu-
                                                Clean Air Act has reduced key pollut-                                     b 1700                               lations at any cost and at any price
                                                ants by more than 70 percent while, at                    So for us to be doing these minor                    and whatever the consequences. My
                                                the same time, the economy has grown                    changes, if the EPA administrator                      amendment would include in the bill a
                                                by over 200 percent. So much for the                    finds they will create more than 1,000                 finding that the American people who
                                                claim that regulation kills jobs. That’s                jobs—the real reason, though, that                     are exposed to mercury from industrial
                                                not true. It’s not right. It’s inaccurate.              we’re opposed to this amendment is                     sources, addressed by the rules listed in
                                                And I say, by supporting my amend-                      that, under the Clean Air Act, boilers                 section 2(d), through the consumption
                                                ment, we can see who’s right.                           already have 3 years to comply, and in-                of fish containing mercury face a
                                                  I see no reason why the Republican                    cinerators have 5 years to comply. We                  health hazard. There really is no dis-
                                                majority wouldn’t support my amend-                     want boilers and incinerators to have a                pute about that, scientifically or medi-
                                                ment if they believe, as they claim, en-                minimum of 5 years to comply. We                       cally.
                                                vironmental regulations hurt jobs. We                   think that that provides certainty. It                   So the question may be, why do we
                                                have a chance to see. And I want to see                 certainly reflects the testimony and                   need the finding? The reason we need
                                                if people really believe what they                      our concern from witnesses who testi-                  the finding is because we have to ac-
                                                claim, and they can demonstrate their                   fied at all of the hearings that they, in              knowledge when industrial processes
                                                commitment to what they argue by                                                                               actually create health risk in order
                                                                                                        many instances, need 5 years. The EPA
                                                supporting my amendment.                                                                                       that we can accept our responsibility
                                                  The benefits outweigh the projected                   administrator may allow it to go
                                                                                                        longer than that if he or she chooses to               to address the risk that’s created in
                                                costs of compliance by as much as 13 to                                                                        the production process.
                                                1 in this case.                                         do so.
                                                                                                          But I don’t believe that regulation                    And the cement in boilers does
                                                  The misleading report from the                                                                               produce mercury. Now, it’s so self-evi-
                                                Council of Industrial Boiler Owners                     creates jobs. And I think most of the
                                                                                                        testimony would indicate that there                    dent that it produces mercury that this
                                                claims that over 300,000 jobs are at                                                                           map here shows every single State in
                                                risk. This is wrong. The National Asso-                 are more jobs at risk as a direct result
                                                                                                        of these regulations. For that reason, I               our Union has issued a mercury advi-
                                                ciation of Clean Air Agencies found                                                                            sory. The reason those States, locally,
                                                that the industry commission report is                  would oppose this amendment.
                                                                                                          I yield back the balance of my time.                 not from Washington, have issued
                                                based on exaggerations and omissions.                                                                          those mercury advisories is to give a
                                                The report from the industry substan-                     The Acting CHAIR. The question is
                                                                                                        on the amendment offered by the gen-                   heads-up to their citizens to be careful
                                                tially overestimates the cost of compli-                                                                       about eating fish that may be contami-
                                                ance with regulation. And the boiler                    tleman from Minnesota (Mr. ELLISON).
                                                                                                          The question was taken; and the Act-                 nated; and that is the responsibility of
                                                owners have ignored many benefits of                                                                           government, to let people know when
                                                the rule—thousands of new jobs to in-                   ing Chair announced that the noes ap-
                                                                                                        peared to have it.                                     there is a health risk and to help them
                                                stall and operate and maintain pollu-
                                                                                                          Mr. ELLISON. I demand a recorded                     avert it and to stop it.
                                                tion control equipment.                                                                                          My amendment, Mr. Chairman, sim-
                                                  The public health benefit, that is                    vote.
                                                                                                          The Acting CHAIR. Pursuant to                        ply incorporates what the scientific
                                                nearly $40 billion a year. Creating
                                                                                                        clause 6 of rule XVIII, further pro-                   and medical community know, and
                                                green economy jobs to make our air
                                                                                                        ceedings on the amendment offered by                   that is that mercury is a toxin. And if
                                                cleaner would create jobs throughout
                                                the supply chain—for example, install-                  the gentleman from Minnesota will be                   we ingest it, particularly if it’s a child,
                                                ing and operating scrubbers.                            postponed.                                             an infant, that it does enormous health
                                                  So it’s important that we make jobs                        AMENDMENT NO. 19 OFFERED BY MR. WELCH
                                                                                                                                                               damage long term.
                                                the focus of our work here in Congress.                                                                          So why don’t we acknowledge what
                                                                                                          Mr. WELCH. Mr. Chairman, I have an
                                                The Republican majority has seen fit                                                                           we know, namely, that mercury is a
                                                                                                        amendment at the desk.
                                                not to introduce any jobs bills during                                                                         toxin, that we include this in the find-
                                                                                                          The Acting CHAIR. The Clerk will
                                                its time as the majority. Here’s an op-                                                                        ings so that, in so doing, we accept the
                                                                                                        designate the amendment.
                                                portunity to say, if you really believe                                                                        responsibility that this country has,
                                                                                                          The text of the amendment is as fol-
                                                that regulations kill jobs, vote for my                                                                        that all of us have, to do everything we
                                                amendment and we will be able to see,                                                                          can to avoid unnecessary health care
                                                                                                          After section 1, insert the following section
                                                because the administrator, if 1,000 jobs                (and redesignate the subsequent sections,
                                                can be generated, will be able to delay                 and conform internal cross-references, ac-               This amendment simply does that.
                                                this rule.                                              cordingly):                                            It’s not additional regulation, but it’s a
                                                  Now, if you really don’t believe it                   SEC. 2. FINDING.                                       finding of what we know and 50 States
                                                and you just want to do what the boiler                   The Congress finds that the American peo-            have found, that mercury is a threat to
                                                owners want, then of course you will                    ple are exposed to mercury from industrial             the public health of its own citizens.
                                                vote ‘‘no.’’ But if you really believe                  sources addressed by the rules listed in sec-            I yield back the balance of my time,
                                                what you say, you will vote ‘‘yes.’’                    tion 2(b) of this Act through the consump-             Mr. Chairman.
                                                  I yield back the balance of my time.                  tion of fish containing mercury and every                Mr. WHITFIELD. I claim time in op-
                                                  Mr. WHITFIELD. Mr. Chairman, I                        State in the Nation has issued at least one            position to the amendment.
                                                claim time in opposition to the amend-                  mercury advisory for fish consumption.                   The Acting CHAIR. The gentleman
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                                                ment.                                                     The Acting CHAIR. The gentleman                      from Kentucky is recognized for 5 min-
                                                  The Acting CHAIR. The gentleman                       from Vermont is recognized for 5 min-                  utes.
                                                from Kentucky is recognized for 5 min-                  utes.                                                    Mr. WHITFIELD. There really is
                                                utes.                                                     Mr. WELCH. Mr. Chairman, we have                     nothing in H.R. 2250 that would in any
                                                  Mr. WHITFIELD. I respectfully op-                     an ongoing debate in this Congress                     way prohibit or discourage States from
                                                pose this amendment and ask that it be                  about regulation. My friends on the Re-                continuing to give these advisory opin-
                                                defeated.                                               publican side believe we have too                      ions about mercury and the dangers of

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                                                H6708                                              CONGRESSIONAL RECORD — HOUSE                                                         October 11, 2011
                                                mercury. So our legislation would not                   debate, it’s about the industrial boiler               American Jobs Act, and right now I
                                                prevent the States in any way from                      industry. They do have jobs. And I,                    hope that we’ll vote for the Jackson
                                                continuing to do that.                                  frankly, believe that the regulations                  Lee amendment that gives clarity in
                                                  The gentleman’s amendment would                       that they have lived with do not impair                timeframe for compliance, and again,
                                                place particular attention on industrial                their ability to promote jobs.                         saves lives, like this little one’s, that
                                                sources; and as we had stated in the de-                  What most people don’t know is                       we all want to protect.
                                                bate last week, the Department of En-                   there is an indefinite language, or al-                   With that, I yield back the balance of
                                                ergy itself has said that over 11 million               lows an indefinite time frame for non-                 my time, and I ask my colleagues to
                                                pounds of mercury were emitted glob-                    compliance. There’s no time line for                   vote for the amendment.
                                                ally from both natural and human                        the industry to comply with clean air                     Mr. Chair, I rise today in support of my
                                                sources, and the vast majority of the                   rules impacting our children, just like                amendment to H.R. 2250, the ‘‘EPA Regu-
                                                human sources in the U.S. come from                     this little one being seen by a nurse,                 latory Relief Act.’’ My amendment requires the
                                                outside the U.S.                                        suffering from any number of res-                      industrial boiler industry to comply with Envi-
                                                  So coupled with that fact, and the                    piratory illnesses.                                    ronmental Protection Agency (EPA) rules no
                                                fact that EPA said the benefits of mer-                   So the bill, in its current form, also               later than 3 years after the rules have been fi-
                                                cury reduction from the Boiler MACT                     gives the EPA discretion to go beyond                  nalized.
                                                rules have not been quantified, this                    5 years. You know how long that is?                       Currently, the bill requires the industrial boil-
                                                really seems to be a duplicative effort                 That may be job-killing time, because                  er industry to comply with EPA rules no earlier
                                                because the States are going to con-                    when businesses look to move to areas,                 than five years after the rules have been final-
                                                tinue to issue their rulings, their warn-               even if they’re older industry, they                   ized. The bill also allows indefinite noncompli-
                                                ings, as they should do so. But it’s im-                want to know that there is an effort                   ance; there is no deadline set for industry
                                                portant that the American people also                   made to create a better quality of life.               compliance. The bill, in its current form, also
                                                know that there is a lot of mercury                       This amendment will help the indus-                  gives the EPA the discretion to extend the 5
                                                coming from natural sources and also                    try. It indicates that the time for com-               year deadline for compliance. The EPA would
                                                from outside of the U.S. And our legis-                 pliance is 3 years. And, yes, there may                have the authority to extend a three year
                                                lation, I do not believe, would put at                  be discretion to expand, but 3 years. I                deadline as well; the three year deadline I pro-
                                                further risk the American people and                    believe this is a fair approach because,               posed can be extended by the EPA, while set-
                                                their health.                                           in actuality, the rule that the EPA has                ting a goal that shows our firm commitment to
                                                  With that, I would respectfully op-                   passed has resulted in 1.7 million tons                saving lives.
                                                pose the gentleman’s amendment, and I                   of reduction in air pollution per year.                   I have offered this amendment to ensure
                                                yield back the balance of my time.                                                                             that the EPA has the ability to reduce toxic
                                                                                                                          b 1710
                                                  The Acting CHAIR. The question is                                                                            emissions from numerous industrial sources,
                                                on the amendment offered by the gen-                      That’s a good thing for job creation.                including the industrial boiler industry, as they
                                                tleman from Vermont (Mr. WELCH).                        And so this amendment is a simple ap-                  are required to do under the Clean Air Act.
                                                  The question was taken; and the Act-                  proach to indicating that outdoor air                  The EPA has issued clean air rules targeting
                                                ing Chair announced that the noes ap-                   pollution is damaging. Small particles                 170 different types of facilities which have re-
                                                peared to have it.                                      and ground level ozone come from car                   sulted in a 1.7 million ton reduction in air pol-
                                                  Mr. WELCH. Mr. Chairman, I demand                     exhaust, smoke, road dust, and factory                 lution per year. EPA rules are now being final-
                                                a recorded vote.                                        emissions. Why wouldn’t we want to                     ized for both the industrial boiler industry and
                                                  The Acting CHAIR. Pursuant to                         improve the quality of life? I can only                cement kiln industry and these bills are in-
                                                clause 6 of rule XVIII, further pro-                    say to you that out of those polluting                 tended to indefinitely delay compliance with
                                                ceedings on the amendment offered by                    elements come chest pain, coughing,                    EPA’s Maximum Achievable Control Tech-
                                                the gentleman from Vermont will be                      digestive problems, dizziness, fever,                  nology (MACT) standards, prior to their pro-
                                                postponed.                                              sneezing, shortness of breath, and a                   mulgation.
                                                  AMENDMENT NO. 3 OFFERED BY MS. JACKSON
                                                                                                        number of other ailments.                                 As the Representative for Houston, the
                                                             LEE OF TEXAS                                 So my amendment is a good thing, to                  country’s energy capital, I am committed to
                                                  Ms. JACKSON LEE of Texas. Mr.                         be able to talk about jobs, clarity,                   creating an environment in which the energy
                                                Chairman, I have an amendment at the                    knowing when you must comply, and                      industry and regulating agencies can work to-
                                                desk.                                                   preventing premature deaths and pro-                   gether.
                                                  The Acting CHAIR. The Clerk will                      tecting our children. But let me say                      For more than 40 years the EPA has been
                                                designate the amendment.                                what else this bill does. This bill causes             charged with protecting our environment.
                                                  The text of the amendment is as fol-                  an extra $1 million in new discre-                     There has been a consistent theme of chip-
                                                lows:                                                   tionary spending by the EPA to com-                    ping away at the ability of the EPA to protect
                                                  Page 6, lines 23 and 24, strike ‘‘not earlier         ply. We’re supposed to be in a budget-                 our air. We have to consider the long term
                                                than 5 years after the effective date of the            tight atmosphere. We’re supposed to be                 costs to public health if we fail to establish
                                                regulation’’ and insert ‘‘not later than 3              budget cutting. But, my friends, that is               reasonable measures for clean air.
                                                years after the regulation is promulgated as            not what we’re doing here.                                Outdoor air pollution is caused by small par-
                                                final’’.                                                  So I would simply say that even                      ticles and ground level ozone that comes from
                                                  The Acting CHAIR. The gentlewoman                     though my good friend indicates that                   car exhaust, smoke, road dust and factory
                                                is recognized for 5 minutes.                            200,000 jobs would be saved with this                  emissions. Outdoor air quality is also affected
                                                  Ms. JACKSON LEE of Texas. Mr.                         particular bill, I don’t know where the                by pollen from plants, crops and weeds. Par-
                                                Chairman, as I listened today, I lis-                   documentation is, but I will assure you                ticle pollution can be high any time of year
                                                tened to some enormously bipartisan                     that areas where the boiler industry is                and are higher near busy roads and where
                                                commentary about jobs. As Mr. WAX-                      that have a defined clarity on what the                people burn wood.
                                                MAN knows, our ranking member, we                       timeframe is for making sure that                         When we inhale outdoor pollutants and pol-
                                                have been working on creating jobs for                  you’re in compliance, I can assure you                 len this can aggravate our lungs, and can lead
                                                a very long time. Democrats are hoping                  that that creates jobs, and that creates               us to developing the following conditions;
                                                for a vote in the other body on the                     a clean atmosphere, quality of life, and               chest pain, coughing, digestive problems, diz-
                                                President’s American Jobs Act.                          clean air for more industry to come                    ziness, fever, lethargy, sneezing, shortness of
                                                  In the last Congress, although we                     into your States for you to diversify.                 breath, throat irritation and watery eyes. Out-
                                                documented 3 million jobs, I can assure                   So I ask my colleagues to support a                  door air pollution and pollen may also worsen
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                                                you that our stimulus package created                   simple amendment that ensures that                     chronic respiratory diseases, such as asthma.
                                                millions of jobs unrecorded because it                  the compliance is for 3 years, clari-                  There are serious costs to our long term
                                                was emergency funding that did not re-                  fying that to the industry, giving them                health. The EPA has promulgated rules and
                                                quire that recording.                                   a time certain to comply, and also giv-                the public should be allowed to weigh in to de-
                                                  My amendment speaks to clarity,                       ing discretion to the EPA to help                      termine if these rules are effective.
                                                and it is not conflicting with jobs. For                America grow jobs. I hope we all will                     The purpose of having so many checks and
                                                those of you who are listening to this                  join in growing jobs in voting for the                 balances within the EPA is to ensure that the

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                               H6709
                                                needs of industries and the needs of our com-           we exist as a single Nation with national need.           Ms. JACKSON LEE of Texas. For a
                                                munities are addressed. Providing a time for            One state did not defend the Nation after the          clarification, I did not argue that regu-
                                                individuals to support or oppose any regula-            attacks on Pearl Harbor. One state, on its             lation creates jobs. I do believe that
                                                tions is a meaningful first step. This bill is a        own, did not end segregation and establish             you can produce the kind of regulatory
                                                step in the wrong direction.                            civil rights. Every so often, there comes an           climate that will. But my point was
                                                   The EPA has spent years reviewing these              issue so vital we must unite beyond our dis-           that clean air and a better quality of
                                                standards before attempting to issue regula-            tricts, and beyond our states, and act as a Na-        life encourages businesses to move into
                                                tions. The proposed regulations to the indus-           tion, and protecting the quality of our air is one     areas and grow jobs.
                                                trial boiler industry will significantly reduce         of those times.                                           I thank the gentleman for yielding.
                                                mercury and toxic air pollution from power                  I encourage my colleagues to support the              Mr. WHITFIELD. I understand. As
                                                plants and electric utilities. The EPA estimates        Jackson Lee amendment in order to uphold               you know, the EPA went to court to
                                                that for every year this rule is not imple-             the EPA’s authority to enforce the Clean Air           ask for additional time on these Boiler
                                                mented, mercury and toxic air pollution will            Act. By ensuring the industrial boiler industry        MACT rules. They were denied that,
                                                have a serious impact on public health. Think           must comply with finalized EPA regulations,            and our legislation is designed to give
                                                for a moment about the lives that can be                we are protecting the quality of the air that all      them a little bit more time and give
                                                saved. We are talking about thousands of                of our constituents breathe. Surely preventing         the industry more time to comply. And
                                                health complications and deaths. What more              illness and premature death by ensuring every          because of that, I would respectfully
                                                do we need to know. According to the Natural            American has access to clean air is not con-           oppose the gentlelady’s amendment
                                                Resources Defense Council, this rule would              troversial. Again, I urge my colleagues to sup-        and ask that it be defeated.
                                                prevent the following:                                  port my amendment.                                        I yield back the balance of my time.
                                                   9,000 premature deaths                                   Mr. WHITFIELD. Mr. Chairman, I                        Mr. WAXMAN. Mr. Chairman, I move
                                                   5,500 heart attacks                                  claim time in opposition to the amend-                 to strike the last word.
                                                                                                                                                                  The Acting CHAIR. The gentleman
                                                   58,000 asthma attacks                                ment.
                                                   6,000 hospital and emergency room visits                                                                    from California is recognized for 5 min-
                                                                                                            The Acting CHAIR. The gentleman
                                                   6,000 cases of bronchitis                                                                                   utes.
                                                                                                        from Kentucky is recognized for 5 min-                    Mr. WAXMAN. I support the amend-
                                                   440,000 missed work days                             utes.
                                                   This legislation not only presents a threat to                                                              ment. It returns the bill if it became
                                                                                                            Mr. WHITFIELD. I would say to the
                                                                                                                                                               law to what are the times specified in
                                                public health, it also blatantly violates the Cut-      gentlelady from Texas, first of all, that
                                                                                                                                                               the Clean Air Act. And I think those
                                                Go spending provision. The EPA Regulatory               under the regulations of the EPA,                      times are reasonable. But let me just
                                                Relief Act requires the EPA to select a regu-           today incinerators are given 5 years to                say that EPA is working on these regu-
                                                latory option that is least burdensome to the           comply with section 129 standards, and                 lations, these rules. This is not a fin-
                                                industrial boiler industry, regardless of alter-        boilers are only given 3 years to com-                 ished product. I believe they’re taking
                                                nate options that may be more feasible or cost          ply with section 112 standards. That’s                 into consideration concerns raised by
                                                effective. The Congressional Budget Office              one of the reasons that we introduced                  the boiler industry, especially the
                                                (CBO) estimates that this bill will result in $1        this bill, because businesses, manufac-                paper and pulp industry. There have
                                                million dollars in new discretionary spending           turers, institutions, and universities                 been very important and legitimate
                                                by the EPA, and the bill does not offset the            all came to Washington, and in their                   concerns that they have raised. They
                                                authorization.                                          testimony they asked that we have                      want to know if they can continue to
                                                   I understand the economic impacts of regu-           some uniformity on times to comply.                    use the same traditional fuels that
                                                lation, but we must also act responsibly. We                That’s why we decided to extend the                they had been using. They don’t want
                                                cannot ignore the public health risks of breath-        compliance deadline for the boiler in-                 to be considered incinerators, because
                                                ing polluted air, nor can we pretend that these         dustry up to 5 years, which is the exact               they’re not. They want to know what
                                                emissions do not exacerbate global warming.             same that incinerators have today                      the rules are, they want some cer-
                                                Alternatively, we certainly do not want to              under section 129. They asked that we                  tainty, and they want some time to
                                                hinder job creation and economic growth.                do that because, one, they said it would               comply with them.
                                                Congress passed the Clean Air Act to allow              provide certainty and that, two, in                       These things are under discussion at
                                                the EPA to ensure that all Americans had ac-            many instances, they do not have the                   the EPA, and industry is weighing in
                                                cess to clean air, and we must not strip the            time, the technical knowledge, and it’s                and letting its feelings be known.
                                                agency of that right.                                   not economically justifiable to do it                  Should the Environmental Protection
                                                   My friends on the other side of the aisle will       within that shorter time period. So                    Agency need legislation, which they
                                                tell you that this Act is going to save more            your legislation would basically roll                  may or may not, we ought to stand
                                                than 200,000 American jobs, but what about              back even the time for incinerators. So                ready to be of assistance. I do not
                                                the lives we will lose? We do not want to               for that reason, we would respectfully                 think the industry really wants to
                                                hinder economic prosperity and robust job cre-          oppose this amendment.                                 throw out the Clean Air Act and to
                                                ation, but let us strive toward an economic cli-            And then I would just make one                     allow mercury to be considered noth-
                                                mate where jobs can be created by imple-                other comment about the argument                       ing, no problem, which is what you
                                                menting technology to reduce dangerous toxic            that regulations create jobs. I genu-                  would expect when you hear the debate
                                                emissions and protect the American people. It           inely do not believe that in the history               on the Republican side of the aisle. I
                                                does not have to be one way or the other; in            of our country jobs have been created                  don’t think they would like all of this
                                                a country of vast innovation surely we can              by regulation. Jobs have been created                  issue of public health to be so mini-
                                                forge a path forward in which we do not have            in America because of entrepreneurs                    mized as we hear in the Republican de-
                                                to choose between creating jobs and saving              spending money and spending capital                    bate.
                                                lives.                                                  to develop a product which creates                        This is not a practical solution. This
                                                   Lest we forget, since 1999, Houston has ex-          jobs, which helps our gross domestic                   is a blunt instrument that the Repub-
                                                changed titles with Los Angeles for the poor-           product, which increases our tax reve-                 licans are putting forward that will not
                                                est air quality in the Nation. The poor air qual-       nues, which allows us to do more in the                become law. So let reasonable people
                                                ity is attributed to the amount of aerosols, par-       government sector.                                     talk about the issue and try to resolve
                                                ticles of carbon and sulfates in the air. The               So, as you’ve indicated, EPA said                  it. If we’re needed to pass legislation,
                                                carcinogens found in the air have been known            they think there will be a net job gain                then let’s pass reasonable legislation
                                                to cause cancer, particularly in children. The          of maybe 2,200 jobs, but all of the af-                and get something done, not just show
                                                EPA is the very agency charged with issuing             fected industries, the universities, the               that the Republican Party is being
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                                                regulations that would address this serious             labor unions and others, say that                      macho about jobs when they take a re-
                                                problem. This bill may very well jeopardize the         they’re putting at risk an excess of                   port that’s not even based on what
                                                air that we breathe, the water that we drink,           230,000 jobs.                                          EPA’s rules are going to be and claim
                                                our public lands, and our public health by                  Ms. JACKSON LEE of Texas. Will the                 that it costs all these jobs, which has
                                                deep funding cuts in priority initiatives.              gentleman yield?                                       already been debunked when they put
                                                   Mr. Chair, there are times in which we are               Mr. WHITFIELD. I would be happy to                 forward this report when it was based
                                                50 individual states, and there are times when          yield.                                                 on the original EPA rule.

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                                                H6710                                              CONGRESSIONAL RECORD — HOUSE                                                     October 11, 2011
                                                  So I urge support for this amend-                     Speaker’s table the bill (H.R. 2832) to extend         all Members have 5 legislative days in
                                                ment. And we ought to get on with the                   the Generalized System of Preferences, and             which to revise and extend their re-
                                                job of working on what can become law                   for other purposes, with the Senate amend-             marks on this resolution.
                                                                                                        ment thereto, and to consider in the House,
                                                and not just fighting this fight of                     without intervention of any point of order, a            The SPEAKER pro tempore. Is there
                                                science denial and minimizing health                    motion offered by the chair of the Com-                objection to the request of the gen-
                                                risk which we hear from the Repub-                      mittee on Ways and Means or his designee               tleman from California?
                                                lican side of the aisle.                                that the House concur in the Senate amend-
                                                  I yield back the balance of my time.                                                                           There was no objection.
                                                                                                        ment. The Senate amendment shall be con-
                                                  The Acting CHAIR. The question is                     sidered as read. The motion shall be debat-              Mr. DREIER. On November 6 of 1979,
                                                on the amendment offered by the gen-                    able for one hour equally divided and con-             Ronald Reagan announced his can-
                                                tlewoman from Texas (Ms. JACKSON                        trolled by the chair and ranking minority              didacy for President of the United
                                                LEE).                                                   member of the Committee on Ways and                    States. In that speech, he envisaged an
                                                  The question was taken; and the Act-                  Means. The previous question shall be con-             accord of free trade among the Amer-
                                                                                                        sidered as ordered on the motion to its adop-
                                                ing Chair announced that the noes ap-                                                                          icas. He wanted to eliminate all bar-
                                                                                                        tion without intervening motion.
                                                peared to have it.                                        SEC. 2. Upon the adoption of this resolution         riers for the free flow of goods and
                                                  Ms. JACKSON LEE of Texas. I de-                       it shall be in order to consider in the House          services and products among all of the
                                                mand a recorded vote.                                   the bill (H.R. 3078) to implement the United           countries in this hemisphere.
                                                  The Acting CHAIR. Pursuant to                         States-Colombia Trade Promotion Agree-                   On October 3 of 2011, President
                                                clause 6 of rule XVIII, further pro-                    ment. All points of order against consider-
                                                                                                                                                               Obama sent three trade agreements to
                                                ceedings on the amendment offered by                    ation of the bill are waived. The bill shall be
                                                                                                        considered as read. All points of order                Capitol Hill for consideration. It has
                                                the gentlewoman from Texas will be                                                                             been a long time. I mean, 32 years, I
                                                postponed.                                              against provisions in the bill are waived. The
                                                                                                        bill shall be debatable for 90 minutes equally         guess, this coming November 6 we will
                                                  Mr. WHITFIELD. I move that the
                                                                                                        divided and controlled by the chair and rank-          mark the anniversary of President
                                                Committee do now rise.                                  ing minority member of the Committee on
                                                  The motion was agreed to.                                                                                    Reagan announcing his candidacy for
                                                                                                        Ways and Means. The previous question shall            the Presidency and of which he envis-
                                                  Accordingly, the Committee rose;                      be considered as ordered on the bill to final
                                                and the Speaker pro tempore (Mr.                                                                               aged this accord.
                                                                                                        passage without intervening motion except
                                                GRIFFITH of Virginia) having assumed                    one motion to recommit.                                  It has been a very, very difficult
                                                the chair, Mr. WOMACK, Acting Chair of                    SEC. 3. Upon the adoption of this resolution         struggle to get here; but, Mr. Speaker,
                                                the Committee of the Whole House on                     it shall be in order to consider in the House          today marks the first step in this last
                                                the state of the Union, reported that                   the bill (H.R. 3079) to implement the United           leg of what, as I said, has been an ex-
                                                                                                        States-Panama Trade Promotion Agree-
                                                that Committee, having had under con-                                                                          traordinarily lengthy journey towards
                                                                                                        ment. All points of order against consider-
                                                sideration the bill (H.R. 2250) to pro-                 ation of the bill are waived. The bill shall be        the passage of our three free trade
                                                vide additional time for the Adminis-                   considered as read. All points of order                agreements with Colombia, Panama,
                                                trator of the Environmental Protection                  against provisions in the bill are waived. The         and South Korea.
                                                Agency to issue achievable standards                    bill shall be debatable for 90 minutes, with 30          For 4 years, workers and consumers
                                                for industrial, commercial, and institu-                minutes controlled by Representative Camp              in the United States and in all three
                                                tional boilers, process heaters, and in-                of Michigan or his designee, 30 minutes con-
                                                                                                                                                               FTA countries have waited for the op-
                                                cinerators, and for other purposes, had                 trolled by Representative Levin of Michigan
                                                                                                        or his designee, and 30 minutes controlled by          portunities that these agreements will
                                                come to no resolution thereon.                                                                                 create. Republicans and Democrats
                                                                                                        Representative Michaud of Maine or his des-
                                                                 f                                      ignee. Pursuant to section 151 of the Trade            alike—and let me underscore that
                                                                      b 1720                            Act of 1974, the previous question shall be            again. Republicans and Democrats
                                                                                                        considered as ordered on the bill to final pas-        alike have worked very hard to bring
                                                PROVIDING FOR CONSIDERATION                             sage without intervening motion.                       us to this point. We have done so, first
                                                  OF SENATE AMENDMENT TO H.R.                             SEC. 4. Upon the adoption of this resolution
                                                                                                                                                               and foremost, for the sake of job cre-
                                                  2832, EXTENDING THE GENERAL-                          it shall be in order to consider in the House
                                                                                                        the bill (H.R. 3080) to implement the United           ation and economic growth.
                                                  IZED SYSTEM OF PREFERENCE;
                                                                                                        States-Korea Free Trade Agreement. All                   We’re regularly hearing discussion on
                                                  PROVIDING FOR CONSIDERATION
                                                                                                        points of order against consideration of the           both sides of the aisle about the imper-
                                                  OF H.R. 3078, UNITED STATES-CO-                       bill are waived. The bill shall be considered          ative of creating jobs and getting our
                                                  LOMBIA      TRADE       PROMOTION                     as read. All points of order against provi-            economy on track. The President of
                                                  AGREEMENT       IMPLEMENTATION                        sions in the bill are waived. The bill shall be        the United States delivered a speech
                                                  ACT; PROVIDING FOR CONSIDER-                          debatable for 90 minutes, with 30 minutes
                                                                                                        controlled by Representative Camp of Michi-
                                                                                                                                                               here to a joint session of Congress in
                                                  ATION OF H.R. 3079, UNITED
                                                                                                        gan or his designee, 30 minutes controlled by          which he talked about the need to pass
                                                  STATES-PANAMA TRADE PRO-
                                                                                                        Representative Levin of Michigan or his des-           his jobs bill. Mr. Speaker, this is a very
                                                  MOTION AGREEMENT IMPLEMEN-
                                                                                                        ignee, and 30 minutes controlled by Rep-               important component of that proposal
                                                  TATION ACT; AND PROVIDING
                                                                                                        resentative Michaud of Maine or his des-               that the President talked about when
                                                  FOR CONSIDERATION OF H.R.                             ignee. Pursuant to section 151 of the Trade            he was here. So, as I hear a great deal
                                                  3080,   UNITED      STATES-KOREA                      Act of 1974, the previous question shall be            of discussion about a lack of willing-
                                                  FREE TRADE AGREEMENT IM-                              considered as ordered on the bill to final pas-        ness on Capitol Hill to address the
                                                  PLEMENTATION ACT                                      sage without intervening motion.
                                                                                                          SEC. 5. House Resolution 418 is laid on the          President’s jobs bill, it’s not an ‘‘all or
                                                  Mr. DREIER. Mr. Speaker, I ask                                                                               nothing’’ thing. We are taking the
                                                unanimous consent that the Com-                                                                                very, very important components that
                                                mittee on Rules be permitted to file a                    The SPEAKER pro tempore. The gen-
                                                                                                        tleman from California is recognized                   the President has proposed addressing.
                                                supplemental report to accompany                                                                               We’ve worked in a bipartisan way, and
                                                House Resolution 425.                                   for 1 hour.
                                                                                                          Mr. DREIER. For the purpose of de-                   this measure before us is evidence of
                                                  The SPEAKER pro tempore (Mr.                                                                                 that.
                                                WOMACK). Is there objection to the re-                  bate only, I yield the customary 30
                                                quest of the gentleman from Cali-                       minutes to my very good friend from                      As I said, the passage of these agree-
                                                fornia?                                                 Worcester, Massachusetts (Mr. MCGOV-                   ments will allow us to have an oppor-
                                                  There was no objection.                               ERN), pending which I yield myself such                tunity to create good jobs for union
                                                  Mr. DREIER. Mr. Speaker, by direc-                    time as I may consume. During consid-                  and nonunion Americans who are seek-
                                                tion of the Committee on Rules, I call                  eration of this measure, all time yield-               ing job opportunities. Together, these
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                                                up House Resolution 425 and ask for its                 ed will be for debate purposes only.                   agreements will give U.S. workers,
                                                immediate consideration.                                  (Mr. DREIER asked and was given                      businesses, farmers access to $2 trillion
                                                  The Clerk read the resolution, as fol-                permission to revise and extend his re-                of economic activity; and our union
                                                lows:                                                   marks.)                                                and nonunion workers, our farmers and
                                                                  H. RES. 425                                             GENERAL LEAVE                        people across this country will have ac-
                                                  Resolved, That upon adoption of this reso-             Mr. DREIER. I would also like to ask                  cess to 97 million consumers in these
                                                lution it shall be in order to take from the            unanimous consent, Mr. Speaker, that                   three countries.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                               H6711
                                                  President Obama, in his address here,                 trade agreements have languished, the                  partnerships, that our word at the ne-
                                                made it very clear and has said repeat-                 United States of America has stood                     gotiating table can be trusted.
                                                edly that the independent Inter-                        still. We’ve let countless opportunities                 Very sadly, over the past several
                                                national Trade Commission has said                      pass us by. We’ve let our competitors                  years, our partners could come to no
                                                that, in the coming months, we will                     chip away at our market share. If we                   other conclusion than that our word
                                                add a quarter of a million new jobs                     compete, the United States of America                  cannot be trusted at the negotiating
                                                right here in the United States of                      wins. If we compete, we win.                           table because of action that was taken
                                                America—again, union and nonunion                         But what happens when we take our-                   here a few years ago, rejecting an op-
                                                jobs. The independent International                     selves out of the game, which has been                 portunity for consideration of these
                                                Trade Commission has projected that                     the case for the last several years?                   agreements.
                                                we will see a quarter of a million—                     We’ve literally taken ourselves out of                   Mr. Speaker, this rule puts in place a
                                                250,000—new jobs for our fellow Ameri-                  the game of breaking down barriers, al-                lengthy debate process, during which
                                                cans seeking job opportunities.                         lowing for the free flow of goods and                  the tremendous economic and geo-
                                                  I don’t need to explain to anyone in                  services and capital. What happens? We                 political benefits of these three trade
                                                this place why this is so critical for our              lose jobs. We lose market share, and we                agreements will be discussed, and the
                                                ailing economy, but those of us who                     lose our competitive edge.                             misinformation      surrounding     these
                                                have joined together to finally pass                      Now, I’m not going to say that we                    agreements will be able to be refuted.
                                                these agreements are working towards                    would not have gone through the ter-                   That’s why I think this is a very im-
                                                something that is even bigger. We are                   rible economic downturn that we’ve                     portant debate. It’s vitally important
                                                working to restore the bipartisan con-                  suffered over the past few years if we                 that we have this debate so that the
                                                sensus on the issue of open trade.                      had, several years ago, passed these                   facts can get on the table and the abil-
                                                Eradicating partisan politics from the                  trade agreements. Negotiations began                   ity to refute specious arguments can be
                                                debate on global economic liberaliza-                   back in 2004 for these agreements. If we               put forward. And that’s what’s going to
                                                tion and returning to a bipartisan con-                 had stepped up to the plate, I am abso-                happen this evening and tomorrow
                                                sensus is essential in our quest to move                lutely convinced that we would have                    leading up to the votes that we are
                                                our economy forward. These three                        mitigated the pain and suffering that                  going to cast.
                                                agreements are enormously important;                    our fellow Americans are going                           This rule provides also for the consid-
                                                but, Mr. Speaker, as you know very                      through with this ailing economy that                  eration of Trade Adjustment Assist-
                                                well, there is still much work that re-                 we have.                                               ance, a modest program that has
                                                mains to be done.                                         Getting our economy back on track                    helped to build that bipartisan con-
                                                  Now, I understand that the opponents                  and reasserting our American leader-                   sensus that I have been talking about
                                                of economic liberalization are very                     ship role in the worldwide marketplace                 and I believe is essential to our eco-
                                                well-intentioned, and I don’t fault                     will require far more than simply pass-                nomic recovery. Now, I don’t believe
                                                them. I will say that, as we all know                   ing these free trade agreements, but                   that the TAA program is perfect.
                                                very well, we’re in the midst of deeply                 it’s a key and very important step. The                Meaningful reforms have been incor-
                                                troubling economic times. It’s easy. We                 agreements will open new markets for                   porated. And most important, Mr.
                                                all want to look somewhere to point                     workers and job creators here in the                   Speaker, the passage of Trade Adjust-
                                                the finger of blame, and trade is a nat-                United States; and perhaps even more                   ment Assistance will, in turn, help us
                                                ural target. I mean, I often argue that                 important, it will send a signal to the                not just pass the FTAs, but it will help
                                                I still have constituents in southern                   world that the United States of Amer-                  us maintain what I have had as a goal
                                                California who, when they get a hang-                   ica is back open for business.                         going back two decades ago when we
                                                nail, blame the North American Free                       The United States of America is once                 put together a trade working group
                                                Trade Agreement.                                        again choosing to shape the global                     that has had bipartisan participation.
                                                                                                        marketplace rather than to allow our-                  It will allow us to rebuild the bipar-
                                                                 b 1730                                 selves to be shaped by it. Because, Mr.                tisan consensus that I think is so im-
                                                  Trade is a natural target for frustra-                Speaker, if we don’t shape the global                  portant. That will send a powerful mes-
                                                tion and anxiety, and we’ve seen that                   marketplace, we will continue to be                    sage to the markets, to job creators, to
                                                time and time again. And I know that                    shaped by that global marketplace. We                  workers in this country, to Americans
                                                there are people who believe that pas-                  will also send a very powerful message                 who are seeking job opportunities, and
                                                sage of these trade agreements which,                   to our allies that the United States of                it will send a very important message
                                                according to the ITC, would create                      America is living up to its commit-                    to our allies and we hope future allies
                                                250,000 new jobs right here in the                      ments.                                                 throughout this world.
                                                United States of America, is, in fact, a                  Now, Mr. Speaker, it is utterly                        So, Mr. Speaker, I urge my col-
                                                bad thing. Trade is the wrong target,                   shameful that we have forced three                     leagues to come together in a strong
                                                Mr. Speaker.                                            close friends of the United States—two                 bipartisan way and support the rule
                                                  The worldwide marketplace, as we all                  of our own neighbors right here in the                 that will allow us to have a very, very
                                                know, is a big, dynamic, and complex                    Americas and one in an extraordinarily                 rigorous debate on the underlying
                                                operation. It offers tremendous oppor-                  strategic region—to wait for 4 long                    agreements and Trade Adjustment As-
                                                tunity for those who engage and tre-                    years. It is shameful that we have                     sistance.
                                                mendous peril for those who follow the                  forced these friends and allies, who ne-                 With that, I reserve the balance of
                                                isolationist path. Those who innovate,                  gotiated in good faith with us for these               my time.
                                                who aggressively pursue new ideas and                   agreements, to wait as long as they                      Mr. MCGOVERN. I thank the gen-
                                                new opportunities are able to compete                   have.                                                  tleman from California for providing
                                                and succeed. The U.S. has proven this                     One of the things we’ve observed is                  me the customary 30 minutes, and I
                                                time and time again. The American en-                   that the world has taken note. Our                     yield myself 5 minutes of that time.
                                                trepreneurial spirit has enabled us to                  would-be negotiators—not only on                         Mr. Speaker, today we take up sev-
                                                not just succeed, but, as we all know,                  trade agreements but on other issues                   eral trade bills. The Rules Committee
                                                we are the largest, most dynamic econ-                  as well—our would-be trade partners                    had a chance to guarantee sufficient
                                                omy on the face of the Earth. These                     and negotiating partners, as I said, on                time for debate on each agreement and
                                                agreements will allow us to reaffirm                    issues beyond trade have taken note.                   ensure that the time would be equally
                                                and strengthen that.                                      I don’t believe that our credibility                 divided between those who support and
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                                                  We all know this, Mr. Speaker: Our                    will be immediately restored with the                  those who oppose each bill. That’s the
                                                country, the United States of America,                  passage of these free trade agreements,                way we should be debating these bills.
                                                is the birthplace of Google and                         but we will at least begin the process.                That’s the fair and the right thing to
                                                Facebook, of Ford and IBM, of Cater-                    We will begin the process of dem-                      do.
                                                pillar and Whirlpool, and of Coca-Cola                  onstrating credibility on the part of                    But fairness was not part of the dis-
                                                and eBay. Unfortunately, over the last                  the United States. We will signal that                 cussion in the Rules Committee. In-
                                                several years, while the three free                     the U.S. is recommitting itself to its                 stead, we have a rule that gives more

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                                                H6712                                              CONGRESSIONAL RECORD — HOUSE                                                      October 11, 2011
                                                time to those in support of these bills                   Another fellow here, Jorge de los                      Since its creation, the sub-unit has made
                                                and less time to those who have legiti-                 Rios. He was a teacher and an environ-                 important progress: there are now scores of
                                                mate concerns about them. And if that                   mentalist who exposed damage to com-                   convictions for trade unionist killings every
                                                                                                                                                               year where before there were almost none.
                                                weren’t bad enough, this rule waives                    munities by open pit mining. On June
                                                                                                                                                               Over the past four-and-a-half years, the sub-
                                                CutGo, just one more broken promise                     8, he was shot several times on the                    unit has secured convictions for more than
                                                by this Republican Congress.                            campus of his school.                                  185 trade unionist killings.
                                                  Mr. Speaker, I strongly support the                     This young man right here, Dionis                      Yet this progress, while welcome, has in
                                                TAA and GSP bills. These programs                       Sierra, was an elementary school-                      fact been very limited. And, unless urgent
                                                provide America’s companies and                         teacher killed May 15, also in Cordoba.                steps are taken to improve the sub-unit’s
                                                workers with stability and fairness and                   Carlos Castro, an engineer, murdered                 performance, it will almost certainly prove
                                                some minimum resources for those                        in Cali on May 23. He was shot in the                  to be unsustainable.
                                                that suffer because of trade agree-                                                                              Over the past several months, Human
                                                                                                        neck by two armed men. He was 41 and
                                                                                                                                                               Rights Watch has carried out a comprehen-
                                                ments. They have earned our support.                    the father of three.                                   sive evaluation of the sub-unit’s work, re-
                                                                   b 1740                                 Here’s Hernan Pinto right here,                      viewing hundreds of court judgments for
                                                                                                        drinking a cup of coffee. He had taken                 crimes against trade unionists, examining
                                                  But I cannot say the same for the                     the lead in the farm workers’ struggle                 the most recent available data provided by
                                                free trade agreements, and I would like                 right before he was murdered in March.                 the Attorney General’s Office on the status
                                                to focus my remarks on just one of                        Silverio Sanchez, just 37 years old,                 of investigations, and conducting dozens of
                                                them, the Colombia FTA.                                 also a teacher. He died on January 24                  interviews with prosecutors, judges, rights
                                                  Mr. Speaker, I’ve gone to Colombia                                                                           advocates, and victims.
                                                                                                        from burns on 80 percent of his body
                                                seven times over the past 10 years.                                                                              Our research has found severe short-
                                                                                                        from an explosive.
                                                Nearly everyone I talk to—the poor,                                                                            comings in both the scope of the sub-unit’s
                                                                                                          These men were husbands, fathers,                    work and the investigative methodology
                                                the most vulnerable, those who defend
                                                                                                        brothers, and sons. If we don’t stand up               that it employs. In terms of the scope, we
                                                basic human rights and dignity—they
                                                                                                        for them, then we also abandon the                     found that:
                                                all believe that the United States
                                                                                                        children, families, workers, and com-                    The increase in the number of convictions
                                                stands for human rights, that we stand
                                                                                                        munities they left behind, those who                   since the sub-unit’s creation, while substan-
                                                for justice. And I’d like to believe                                                                           tial, represents only a small fraction of the
                                                                                                        continue to fight for labor rights,
                                                that’s always true. But not if we pass                                                                         total number of cases of trade unionist
                                                                                                        human rights, and basic human dig-
                                                this FTA.                                                                                                      killings that still need to be investigated and
                                                  Colombia is still the most dangerous                  nity.
                                                place in the world to be a trade union-                   As the old song goes, which side are                   The increase in convictions is largely due
                                                ist. Each year, more labor activists are                you on?                                                to confessions provided by paramilitaries
                                                                                                                   Washington, DC, September 29, 2011.         under the Justice and Peace process, which
                                                killed in Colombia than the rest of the                 Dr. VIVIANE MORALES,
                                                world combined. A staggering 2,908                                                                             does not apply to cases of killings com-
                                                                                                        Attorney General, Diagonal 22B, No 52–01,              mitted after 2006.
                                                union members murdered since 1986.                             ´
                                                                                                        Bogota, Colombia.                                        The sub-unit has made virtually no
                                                That’s about one murder every 3 days                      DEAR ATTORNEY GENERAL MORALES: I am                  progress in obtaining convictions for killings
                                                for the past 25 years. One hundred fifty                writing to follow up on the very constructive          from the past four-and-a-half years.
                                                in just the past 3 years. If 150 CEOs had                                          ´
                                                                                                        meeting we had in Bogota this June regard-               The sub-unit has made virtually no
                                                been assassinated over the past 3 years,                ing the problem of impunity for anti-union             progress in prosecuting people who order,
                                                would you still think Colombia is a                     violence in Colombia. We are encouraged by             pay, instigate or collude with paramilitaries
                                                                                                        the steps the Attorney General’s Office is             in attacking trade unionists.
                                                good place to invest?                                   currently taking under your leadership to
                                                  In 2010, 51 trade unionists were mur-                                                                          In terms of the methodology of the inves-
                                                                                                        address this longstanding problem. Yet we              tigations, we found that:
                                                dered; 21 survived attempts on their                    also believe further measures are needed to              The sub-unit has routinely failed to thor-
                                                lives; 338 received death threats; and 7                ensure that your efforts succeed and the era           oughly investigate the motives for the
                                                disappeared. Their bodies may never be                  of unchecked violence against trade union-             crimes.
                                                found. Forty have been murdered since                   ists in Colombia is finally overcome.                    The sub-unit has not conducted the type of
                                                President Santos took office.                             As you know, Colombia continues to face              systematic and contextualized investiga-
                                                  As for justice, well, in Colombia                     an extraordinarily high level of anti-union            tions that are necessary to identify and pros-
                                                that’s still just a dream. Human Rights                 violence. While the number of trade union-             ecute all responsible parties.
                                                                                                        ists killed every year is certainly less today           While we were encouraged to encounter
                                                Watch just released a study that                        than a decade ago, it remains higher than
                                                looked at convictions in cases of mur-                                                                         prosecutors in the sub-unit who are very pro-
                                                                                                        any other country in the world. The National           fessional and committed to advancing these
                                                dered trade unionists over the past 41⁄2                Labor School (ENS), Colombia’s leading NGO             cases, it is also clear that further measures
                                                years. They found ‘‘virtually no                        monitoring labor rights, reports that in 2010          must be taken to support their work and en-
                                                progress’’ in convictions in these                      there were 51 killings of trade unionists, 22          sure the sub-unit overcomes its current limi-
                                                killings. Just six out of 195 cases. And                homicide attempts, and 397 threats.                    tations.
                                                not a single, solitary conviction for the                 A major reason for this ongoing violence               Under the current circumstances, what is
                                                                                                        has been the chronic lack of accountability            at stake is the justice system’s ability to act
                                                more than 60 attempted murders and
                                                                                                        for cases of anti-union violence. Colombia             as an effective deterrent to anti-union vio-
                                                1,500 death threats during that same                    has failed to deliver justice for more than            lence. We are concerned that unless you take
                                                period. There’s a name for that, Mr.                    2,500 trade unionist killings committed over           action to improve the sub-unit’s perform-
                                                Speaker. It’s called complete and total                 the past 25 years. As Vice-President                   ance, the office will continue to fall short in
                                                impunity.                                                              ´
                                                                                                        Angelino Garzon acknowledged during a No-              ensuring accountability for attacks on trade
                                                  Just look at the faces of six of the 23               vember 2010 speech, ‘‘[T]he immense major-             unionists, and Colombia will remain a
                                                unionists murdered so far this year.                    ity of crimes [against] trade unionists re-            uniquely dangerous country for workers
                                                  This man in the top right, Luis Diaz,                 main in impunity . . . there have been ad-             seeking to exercise their basic labor rights.
                                                he was a regional leader of the Univer-                 vances in the investigations . . . but we still
                                                                                                                                                                     THE SCOPE OF THE SUB-UNIT’S WORK
                                                sity Workers’ Union and a security                      have not gotten to 200 court rulings, and
                                                                                                        there are thousands of workers and union                 CONVICTIONS REPRESENT FRACTION OF TOTAL
                                                guard at Monteria Public University in                  leaders killed and disappeared.’’                                        KILLINGS
                                                Cordoba. He was assassinated near his                     In 2006, the Attorney General’s Office                 The annual number of convictions for cases
                                                home, shot four times.                                  sought to end this impunity by establishing            of crimes against trade unionists has risen
                                                  I was in Cordoba at the end of Au-                    a sub-unit of prosecutors to focus exclusively         about nine-fold since the sub-unit began op-
                                                gust. It’s controlled by paramilitaries,                on crimes against trade unionists. This ini-           erating in 2007. Overall, the subunit has ob-
                                                drug traffickers, and criminal net-                     tiative brought with it several important ad-          tained convictions for more than 185 trade
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                                                works. They work hand in glove with                     vantages: the sub-unit’s prosecutors would             unionist killings.
                                                wealthy landed interests, and many                      receive extra material and human resources               Despite this accomplishment, a great deal
                                                                                                        and have the opportunity to develop exper-             of work remains to be done. At this stage,
                                                local officials, judges, prosecutors, and
                                                                                                        tise in solving these crimes. By working out           Colombia has obtained a conviction for less
                                                police are corrupt or benefit from the                            ´
                                                                                                        of Bogota and other main cities, the prosecu-          than 10 percent of the 2,886 trade unionist
                                                violence. They are also the most likely                 tors would generally be less vulnerable to             killings recorded since 1986 by the ENS. The
                                                parties in Cordoba to profit from the                   pressure and threats than local justice offi-          sub-unit reported to Human Rights Watch
                                                Colombia FTA.                                           cials.                                                 that it had opened an investigation into 787

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                     H6713
                                                cases of trade unionist killings as of June             victions handed down through May 2011 by                      INADEQUATE INVESTIGATION OF MOTIVES
                                                2011. Investigations into the more than 2000            the specialized courts that handle the sub-              Prosecutors often base their charges al-
                                                other reported trade unionist murders pre-              unit’s cases, 80 percent have been against             most        entirely    on     testimony     by
                                                sumably remain with ordinary prosecutors,               former members of the United Self-Defense              paramilitaries participating in the Justice
                                                who have long failed to resolve such cases.             Forces of Colombia (AUC). Yet there is com-            and Peace process without conducting a
                                                As concluded by the February 2011 Inter-                pelling evidence that paramilitaries and the           thorough investigation that could determine
                                                national Labor Organization (ILO) High-                 groups that replaced them have not acted               the actual motive for targeting the victim.
                                                level Tripartite Mission to Colombia, ‘‘The             alone in killing trade unionists. These                According to one of the specialized judges, in
                                                majority of [trade unionist killings] have not          groups have historically operated with the             many cases prosecutors base their charges
                                                yet been investigated nor have the perpetra-            toleration or even active support of members           on ‘‘two or three lines from what the defend-
                                                tors, including the intellectual authors of             of the public security forces, as well as in           ant in Justice and Peace says.’’
                                                these crimes, been brought to justice.’’                collaboration with politicians and allies in             Given the lack of additional evidence gath-
                                                RECENT PROGRESS IS LARGELY DUE TO JUSTICE
                                                                                                        the private sector. According to several jus-          ered by prosecutors, the judges often rely
                                                           AND PEACE PROCESS
                                                                                                        tice officials, rights advocates and victims’          primarily or exclusively on paramilitaries’
                                                                                                        lawyers close to these cases, paramilitaries           accounts to determine the motive for the
                                                  The sub-unit’s progress in prosecuting                appear to have killed trade unionists at the
                                                anti-union violence has largely been due to                                                                    crime.
                                                                                                        behest of employers, local officials, or other
                                                confessions by paramilitaries participating                                                                      Paramilitaries’ confessions frequently seek
                                                                                                        individuals with particular interests in
                                                in the Justice and Peace process. Human                                                                        to justify trade unionist killings as counter-
                                                                                                        eliminating the victims.
                                                Rights Watch reviewed all 74 convictions                   A review of 50 recent convictions for anti-         insurgency operations, claiming that their
                                                handed down over the past year by the three             union violence handed down by the special-             victims were guerrilla collaborators. Con-
                                                specialized courts dedicated to crimes                  ized courts found that in nearly half of the           sequently, a substantial share of judgments
                                                against trade unionists and found that 60               cases under consideration, the judgments               for trade unionist killings have identified
                                                percent of the convictions were the direct re-          contained evidence pointing to the involve-            the victims’ alleged links to guerrilla groups
                                                sult of plea bargains with demobilized                  ment of members of the security forces or in-          as the motive behind the killings.
                                                paramilitaries participating in the Justice             telligence services, politicians, landowners,            Yet, there are good reasons to suspect that
                                                and Peace process. In a majority of the re-             bosses, or coworkers. Rulings in ten of these          in many cases the paramilitaries label the
                                                maining rulings from this period, testimony             cases contained evidence indicating that in-           victims as guerrilla collaborators to disguise
                                                by defendants in the Justice and Peace proc-            dividuals outside the armed groups (includ-            the true reasons for the killing. By offering
                                                ess also played an important role in pro-               ing two mayors, a hospital administrator, a            defendants the same reduced sentence no
                                                ducing the conviction.                                  plant manager, a captain of the Sectional              matter how many abuses they admit to, the
                                                  This increase in the number of convictions            Judicial Police, and a detective from the Co-          Justice       and    Peace     Law     provides
                                                spurred by the Justice and Peace process is             lombian intelligence service) may have                 paramilitaries with extraordinary incentives
                                                certainly a positive development. Unfortu-              hired, ordered, or otherwise instigated                to confess to all of their crimes. But when it
                                                nately, it does not by itself represent sus-            paramilitaries to kill the trade unionists.            comes to testifying about their accom-
                                                tainable progress. The process has allowed                 Yet despite the evidence of involvement             plices—who may have ordered trade unionist
                                                prosecutors to resolve cases because it has             and collusion by third parties in crimes com-          killings for their own political or economic
                                                provided extraordinary incentives for de-               mitted by armed groups, the sub-unit has ob-           interests—paramilitaries often have strong
                                                mobilized paramilitaries to confess to their            tained virtually no results in bringing such           incentives to keep silent and justify the
                                                crimes. But these incentives do not apply to            individuals to justice. Only 10 of the more            murders as part of their anti-guerrilla cam-
                                                crimes committed since paramilitary groups              than 275 rulings handed down by specialized            paign. As revealed by several recent judicial
                                                finished demobilizing in 2006 and therefore             courts since 2007 have convicted politicians,          investigations and news reports, there are
                                                will not help prosecute individuals who as-             members of the security forces, employers,             credible allegations that paramilitaries have
                                                sassinate trade unionists today or in the fu-           or coworkers. Only one of the 50 rulings               been repeatedly bribed or pressured to con-
                                                ture.                                                   handed down between September 2010 and                 ceal the criminal activity of their political
                                                   LACK OF CONVICTIONS FOR RECENT TRADE
                                                                                                        May 2011 that Human Rights Watch reviewed              and economic allies. In cases involving collu-
                                                             UNIONIST KILLINGS
                                                                                                        punished such individuals. Similarly, a com-           sion        with      powerful      individuals,
                                                                                                        prehensive study by the Center for the Study           paramilitaries and their family members
                                                  When it comes to obtaining convictions for            of Law, Justice, and Society (DeJusticia) re-          could face severe reprisals should they ex-
                                                cases from the past several years—which are             veals that just 3 percent of the judgments in          pose their accomplices.
                                                not covered by the Justice and Peace proc-              trade unionist cases handed down through                 In some court rulings, judges have found
                                                ess—the sub-unit has made virtually no                  March 2010 included the conviction of a                reason       to   doubt    the    veracity    of
                                                progress. Of the more than 195 such killings            ‘‘strategic intellectual author’’ (an indi-            paramilitaries’ anti-guerrilla justifications
                                                that have occurred since the sub-unit started           vidual outside of an armed structure who or-           for the killings. For example, in one recent
                                                operating in 2007, the special office had ob-           dered or otherwise instigated the crime).              ruling against paramilitaries who claimed
                                                tained convictions in only six cases as of                 Prosecuting the triggermen and their com-           that the union leader had been killed be-
                                                May 2011. It had not obtained a single con-             manders for these crimes is a crucial step for         cause he was a guerrilla collaborator, the
                                                viction for the more than 60 homicide at-               accountability. But identifying these indi-            judge wrote that it appeared the group had
                                                tempts, 1,500 threats and 420 forced displace-          viduals alone will not enable the justice sys-         been paid to murder the victim because of
                                                ments reported by the ENS during this pe-               tem to act as an effective deterrent to anti-          his union activity, noting that: ‘‘The excuse
                                                riod.                                                   union violence. As long as some people be-             provided by the [defendants] regarding the
                                                  The sub-unit has not opened investigations            lieve they can get away with ordering, pay-            motive of the killing . . . seems to actually
                                                into the majority of the trade unionist mur-            ing, or instigating armed groups to kill trade         be a form of hiding the existence of a par-
                                                ders that have occurred since the office                unionists, they will continue to find armed            ticular interest to silence the victim.’’ The
                                                began operating in 2007. As of March, it had            groups and gunmen for hire to do their dirty           judgment explicitly described how the pros-
                                                opened an investigation into only one of the            work.                                                  ecutor had failed to collect key pieces of evi-
                                                51 trade unionist killings committed in 2010.             FLAWS IN THE INVESTIGATIVE METHODOLOGY               dence that would have helped clarify the mo-
                                                And the vast majority of the sub-unit’s in-                                                                    tive for the crime. According to DeJusticia’s
                                                                                                           Colombia’s progress in curbing impunity
                                                vestigations into killings since 2007 (89 per-                                                                 2010 study, while 102 of the 271 court rulings
                                                                                                        for anti-union violence, while important, has
                                                cent) remain in a preliminary stage in which                                                                   they analyzed identified the trade unionist’s
                                                                                                        been limited by shortcomings in the inves-
                                                prosecutors have yet to formally identify a                                                                    alleged guerrilla ties as the motive for the
                                                                                                        tigative strategy pursued by the subunit of
                                                suspect.                                                                                                       killing, the judges explicitly rejected the al-
                                                                                                        the Attorney General’s Office. The first is a
                                                  We understand that the current Attorney
                                                                                                        routine failure to adequately investigate the          legations in nearly half of those judgments.
                                                General’s Office shares our concern with the
                                                                                                        motive in cases of trade unionist killings.              Given the inadequacy of investigations, it
                                                lack of progress in prosecuting recent
                                                                                                        The second—and more troubling—is the fail-             is impossible at this point to know how
                                                killings. As discussed below, your office has
                                                                                                        ure to conduct the sort of systematic and              many killings were in fact motivated by the
                                                announced steps that could help address this
                                                                                                        contextualized investigation necessary to              victims’ union activities. What is clear is
                                                problem, such as instructing prosecutors to
                                                                                                        identify and bring to justice all responsible          that without more thorough investigations,
                                                prioritize investigations of crimes against
                                                                                                        parties.                                               prosecutors will not be able to determine
                                                trade unionists committed since 2007.
                                                                                                           As discussed below, the current adminis-            with an adequate level of certainty whether
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                                                   LACK OF PROSECUTIONS OF INTELLECTUAL                 tration of the Attorney General’s Office has           or not the crimes were related to the vic-
                                                         AUTHORS AND ACCOMPLICES                        recognized the problem of the sub-unit’s               tims’ participation in their union. This is a
                                                  We are also concerned that the prosecu-               methodology and announced the adoption of              serious problem in Colombia given the tend-
                                                tions have focused almost exclusively on the            measures     to    improve   it.  But    these         ency of some officials and commentators to
                                                commanders of armed groups or triggermen                correctives remain to be fully implemented,            downplay anti-union violence by dismissing
                                                and have not extended to include other indi-            and must be followed with additional meas-             the attacks as isolated crimes unrelated to
                                                viduals who may have instigated or facili-              ures to shore up the quality of the sub-unit’s         the victims’ union affiliation. And worse
                                                tated the crimes. Of the more than 275 con-             work.                                                  still, if court rulings based on paramilitaries’

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                                                H6714                                              CONGRESSIONAL RECORD — HOUSE                                                      October 11, 2011
                                                testimony indicate that the victims were                      STEPS YOUR OFFICE HAS ANNOUNCED TO               this letter, we believe it is crucial to adopt
                                                guerrillas, the stigmatization is confirmed                          ADVANCE PROSECUTIONS                      the following measures:
                                                and the risks are worsened for those who ex-              Based on our meeting last June, we know                1) The sub-unit should investigate all re-
                                                ercise union activity.                                  that your office is aware of the problems              ported cases of killings, enforced ‘‘disappear-
                                                  LACK OF SYSTEMATIC AND CONTEXTUALIZED                 outlined above and has announced some im-              ances,’’ and homicide attempts committed
                                                              INVESTIGATIONS                            portant initial steps that could help address          against trade unionists. In order to do so, we
                                                                                                        them.                                                  recommend the Attorney General’s Office:
                                                   With few exceptions, the sub-unit’s pros-                                                                     a) Transfers to the sub-unit all reported
                                                ecutors have not pursued investigations that              In terms of increasing the quantity of
                                                                                                        cases investigated and prosecuted by the               cases of killings, enforced ‘‘disappearances,’’
                                                take into account the context of crimes                                                                        and homicide attempts against trade union-
                                                against other members of the victim’s union             subunit, we were encouraged by the fol-
                                                                                                        lowing measures announced by the Attorney              ists that are currently assigned to local pros-
                                                from the same region and time period, and                                                                      ecutors;
                                                have often neglected to conduct serious in-             General’s Office:
                                                                                                                                                                 b) Assigns to the sub-unit all future cases
                                                quiries into the victim’s union activity at               The addition of 100 judicial police from the
                                                                                                                                                               of killings, enforced ‘‘disappearances,’’ and
                                                the time of the crime.                                  Directorate of Criminal Investigation and
                                                                                                                                                               homicide attempts against trade unionists.
                                                   Instead, killings have generally been inves-         Interpol (DIJIN) and planned incorporation
                                                                                                                                                                 2) The sub-unit should implement a policy
                                                tigated in an isolated case-by-case manner              of 14 new prosecutors to the subunit;
                                                                                                                                                               to conduct systematic, contextualized and
                                                and without any serious effort to determine               Your office’s June 2011 memorandum in-
                                                                                                                                                               thorough investigations. The policy should
                                                how the crimes might form part of a broader             structing prosecutors to prioritize cases of
                                                                                                                                                               ensure that:
                                                pattern of anti-union violence. As one top of-          trade unionist killings committed since 2007;            a) Rather than treating each killing as an
                                                ficial within the Attorney General’s Office               Your office’s April 2011 memorandum man-             isolated case, investigations also examine all
                                                recently told Human Rights Watch, until                 dating the early identification in all new             other crimes against members of the same
                                                now, the sub-unit has treated each case as              homicide cases of whether the victim was a             union in the same region and time period to
                                                ‘‘an island.’’ Similarly, in separate inter-            union member, which should help ensure                 identify possible connections and patterns of
                                                views, all three current judges from the spe-           that in the future the sub-unit can imme-              crimes that could help to determine the mo-
                                                cialized courts that handle these cases told            diately open investigations into these new             tive for the killing, and identify all the re-
                                                Human Rights Watch that the cases brought               cases:                                                 sponsible parties;
                                                to their courts are investigated as isolated              Your office’s recent transfer of 35 cases of           b) Prosecutors do not rely inordinately on
                                                crimes. Victims’ lawyers also said that the             trade unionist killings from 2009 to the sub-          paramilitaries’ confessions to resolve cases,
                                                sub-unit’s failure to draw connections be-              unit.                                                  but instead use this testimony as a starting
                                                tween killings is one of the fundamental                  Your office also has announced measures              point to pursue a solid judicial investigation;
                                                problems with the investigations.                       that could improve the sub-unit’s investiga-             c) Prosecutors conduct a thorough inquiry
                                                   This serious deficiency in the sub-unit’s in-        tive methodology, such as:                             into the victim’s union activity at the time
                                                vestigations is also evident in the judgments             Providing instructions within the April              of the crime in order to collect evidence that
                                                in cases of anti-union violence. According to           memorandum for prosecutors to take the ur-             could help clarify the motive for the attack
                                                DeJusticia’s 2010 study, a ‘‘systematic ap-             gent steps that will allow them ‘‘to deter-            and identify potential suspects;
                                                proach’’ to investigations—defined as taking            mine the motives for the crime and the caus-             d) Prosecutors vigorously pursue leads
                                                the general context of anti-union violence as           al relationship between the [homicide] and             that point to the possible involvement of
                                                the starting point for the investigation—was            victim’s condition as a trade unionist’’;              state agents and other actors in crimes
                                                reflected in five of the 271 court rulings                Providing instructions within the June               against trade unionists.
                                                handed down through March 2010.                         memorandum for prosecutors to analyze                    3) Cases should be distributed among the
                                                   As a result of this investigative approach,          cases of trade unionist killings based on the          sub-unit’s prosecutors based on the victim’s
                                                prosecutors have not been able to identify              region where the crimes occurred;                      union and the region where the crime oc-
                                                patterns of crimes that could lead them to                Adding six analysts to the sub-unit who              curred.
                                                the individuals—including public officials              will help identify links between cases in                As we have pointed out on numerous occa-
                                                and employers—who may have ordered, insti-              order to detect patterns of crimes against             sions, overcoming ongoing impunity for vio-
                                                gated, or otherwise colluded with armed                 trade unionists.                                       lence against trade unionists requires con-
                                                                                                          In addition, the current coordinator of the          fronting complex challenges. There is an
                                                groups in attacking trade unionists. As one
                                                                                                        sub-unit told us in May that the sub-unit has          enormous amount of work to be done, and
                                                of the three special judges who handle cases
                                                                                                        adopted a new methodology that involves                success will not be achieved overnight. Yet
                                                of anti-union violence said, ‘‘To know what’s
                                                                                                        grouping cases not only on the basis of loca-          we also believe that, if your office rigorously
                                                behind the crimes, if there was a state policy
                                                                                                        tion, but also based on the victim’s union             pursues the measures we are recommending
                                                or company policy or not, there has to be a
                                                                                                        and the suspected responsible armed group.             here, it will be possible to make significant
                                                macro-investigation. [Prosecutors] have not
                                                                                                          Yet, we are concerned that the new meth-             progress in prosecuting these cases and
                                                done that.’’ Another judge specified that the
                                                                                                        odology has not yet been effectively imple-            transform the sub-unit into an effective de-
                                                piecemeal investigations have impeded pros-
                                                                                                        mented. In separate interviews this May, the           terrent to future attacks on trade unionists
                                                ecutors from identifying intellectual au-
                                                                                                        prosecutors within the sub-unit appeared to            in Colombia.
                                                thors: ‘‘It would make more sense to analyze
                                                                                                        have very different understandings of how
                                                the historical context of the union and the                                                                      I reserve the balance of my time.
                                                                                                        they were expected to proceed with their in-
                                                criminal organization that operates in the
                                                                                                        vestigations. Two prosecutors said that the
                                                                                                                                                                 Mr. DREIER. Mr. Speaker, I yield
                                                region. But in reality, [the cases] come [to                                                                   myself 30 seconds to say that Colombia
                                                                                                        sub-unit had not in fact adopted a new meth-
                                                the courts] as isolated victims. . . . The in-                                                                 has gone through incredible tragedy
                                                                                                        odology. ‘‘There is no policy that comes from
                                                vestigations have progressed very little in                                                                    over the past several years. It has been
                                                                                                        the coordinators,’’ one told us. ‘‘The method-
                                                providing the judges with the context. The
                                                context would help identify intellectual au-
                                                                                                        ology depends on each prosecutor. . . Inves-           absolutely horrible. And the suffering
                                                                                                        tigations are case-by-case. It would be im-            that my colleague from Worcester has
                                                   This shortcoming is compounded by the                portant to group [cases] by trade union, but           just shown is very, very disturbing. But
                                                sub-unit’s failure to consistently conduct a            it has not been done.’’ Other prosecutors              I think we should note that we have
                                                thorough inquiry into the context of the vic-           mentioned the new investigative policy, but
                                                                                                        said that it remains to be carried out in
                                                                                                                                                               seen an 85 percent decline in the mur-
                                                tim’s union activity at the time of the                                                                        der rate. In fact, there are cities in this
                                                crime, which limits prosecutors’ ability to             practice.
                                                                                                          Furthermore, your office’s attempt to im-            country that have a higher murder rate
                                                establish leads that could help clarify the
                                                                                                        plement a systematic approach is undercut              than exist in Colombia today.
                                                motive for the killing and identify potential
                                                suspects. While some prosecutors do make an
                                                                                                        by the sub-unit’s limited caseload and ineffi-           The SPEAKER pro tempore. The
                                                effort to look into such activity, two judges
                                                                                                        cient allocation of investigations among               time of the gentleman has expired.
                                                                                                        prosecutors. As discussed above, the sub-unit            Mr. DREIER. I yield myself an addi-
                                                we spoke with said that such rigorous inquir-
                                                                                                        is not investigating the majority of reported          tional 15 seconds, Mr. Speaker.
                                                ies are not the norm. In our review of 50 re-
                                                                                                        trade unionist killings. Consequently, cases             We also should make it very, very
                                                cent convictions in these cases, we found the
                                                                                                        from the same union, region, and time period           clear that it is safer to be a union
                                                majority of the rulings did not refer to the
                                                                                                        are often split between the sub-unit and ordi-
                                                victim’s union activity in the period leading
                                                                                                        nary local prosecutors. And of those inves-
                                                                                                                                                               member and union leader in Colombia
                                                up to the crime. (If the prosecutors had in-                                                                   because of the protection that’s pro-
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                                                                                                        tigations that have been assigned to the sub-
                                                vestigated such activity, a reference to this                                                                  vided by the government than to be the
                                                                                                        unit, cases involving trade unionists from
                                                line of inquiry should at least appear in the
                                                                                                        the same organization and region have gen-             average citizen. Let’s solidify those
                                                judgment, according to jurists consulted by
                                                Human Rights Watch.) Of the judgments
                                                                                                        erally been divided among the office’s dif-            gains, and that’s exactly what these
                                                                                                        ferent prosecutors.                                    agreements will do.
                                                that did mention the victim’s union activity
                                                at the time of the crime, most references                                RECOMMENDATIONS                         With that, I am happy to yield 2 min-
                                                were general, suggesting that no in-depth                 In order to build on your initial correctives        utes to a very, very thoughtful indi-
                                                probe had been undertaken.                              and fully address the problems identified in           vidual committed to the trade agenda,

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                               H6715
                                                my good friend from Hinsdale, Illinois                    Ms. SLAUGHTER. I thank the gen-                      that will legally ensure a fair playing
                                                (Mrs. BIGGERT).                                         tleman for yielding.                                   field for American manufacturers. It’s
                                                  Mrs. BIGGERT. I thank the chairman                      I cannot state strongly enough I am                  H.R. 1749. The Reciprocal Market Ac-
                                                for yielding to me.                                     vigorously opposed to the three free                   cess Act would require both the U.S.
                                                  Mr. Speaker, today I rise with great                  trade bills that we are considering                    Government to consider tariff and non-
                                                enthusiasm because at long last the                     today.                                                 tariff barriers when negotiating a trade
                                                House and Senate are poised to act on                     On behalf of the businesses and work-                agreement with another country and
                                                the most bipartisan, economically                       ers of western New York, I implore my                  not reduce our tariffs until that has
                                                compelling jobs bills of the Obama                      colleagues to vote against today’s free                been done. This approach would guar-
                                                Presidency. By supporting this rule                     trade but not fair trade bills and put an              antee that American manufacturers
                                                and ratifying these agreements, we are                  end to the era of giveaway trade.                      have the same opportunity as foreign
                                                taking a huge step towards leveling the                   None of the free trade bills we voted                competition to sell their goods around
                                                playing field for U.S. goods and serv-                  on in the last 20 years, including these               the world.
                                                ices. And in doing so, we can create                    bills today, were designed to protect                     The SPEAKER pro tempore. The
                                                hundreds of thousands of good-paying                    American manufacturing and Amer-                       time of the gentlewoman has expired.
                                                jobs right here in America.                             ican jobs. They were designed to pro-                     Mr. MCGOVERN. I yield the gentle-
                                                  And thanks to the pending free trade                  tect multinational corporations oper-                  lady 1 additional minute.
                                                agreements with Colombia, Panama,                       ating in the towers of New York, Lon-                     Ms. SLAUGHTER. If a foreign coun-
                                                and South Korea, the tariffs on many                    don, and Shanghai. These companies                     try is caught trying to stop the sale of
                                                American products will come down im-                    could care less where their goods are                  American-made goods, we have a
                                                mediately, giving a massive boost to                    made as long as we allow them to sell                  ‘‘snap-back’’ provision which will stop
                                                our economy at a time when we need it                   them all over the world. As American                   the free trade agreement.
                                                more than ever.                                         legislators, we have different respon-                    It’s a no-nonsense approach. It is bi-
                                                  All told, these fair trade agreements                 sibilities. We must care where goods                   partisan in the House. It has been en-
                                                would support an estimated quarter-                     are made. We must do everything we                     dorsed by Corning; Hickey-Freeman;
                                                million American jobs and increase ex-                  can to ensure they are made in the                     Hart Schaffner Marx; Globe Specialty
                                                ports by $13 million. And my home                       U.S.A.                                                 Metals; American Manufacturing Trade
                                                State of Illinois will be among the first                 I think many people would be                         Action Coalition; the AFL–CIO; the
                                                to benefit. Currently, Illinois ranks                   shocked to know that there is little in                United Steelworkers; and the Auto
                                                sixth in the Nation in terms of total                   the current trade agreement to prevent                 Workers, even though they are the
                                                exports; 109 companies in my district                   our own trading partners from devel-                   only union that will benefit somewhat
                                                alone export abroad, and local exports                  oping new regulations that we have                     by the Korean pact.
                                                support nearly 65,000 jobs in just                      done all these years making it harder                     Congress needs to wake up, and we
                                                DuPage, Cook and Will counties.                         for us to sell our goods in their coun-                need to make countries like China and
                                                  These aren’t just large manufactur-                   tries. Using nontariff barriers, they                  Germany see who’s going to dominate
                                                ers like Boeing, Navistar, and Kraft;                   could place a dozen arbitrary restric-                 the green manufacturing for genera-
                                                they’re also small businesses with a                    tions on American-made cars, and they                  tions to come. We have just about lost
                                                handful of employees. In fact, 90 per-                  do in order to stop Chevy, Ford, and                   that great thing we pioneered here.
                                                cent of Illinois exporters are small                    GM from being sold in South Korea. Do                  Over and over again we have waited
                                                businesses, exporting everything from                   you know how many car dealers sell                     and watched. And the most recent ones
                                                computer chips to financial services.                   American cars in Korea? Twenty-six. I                  that trouble me so much is General
                                                  Already, trade with South Korea in                    imagine most major cities in the                       Electric giving away the intellectual
                                                my district alone supports 1,137 jobs,                  United States have 26 car dealers who                  property on airplane engines to China
                                                and that number has the potential to                    sell Korean cars in their city alone.                  and GM forced to give over the tech-
                                                rise dramatically after this week’s                     There’s something wrong with that pic-                 nology of the Volt to be able to sell
                                                agreements go into effect. Now imag-                    ture. This is not free-flowing trade. We               there.
                                                ine that impact multiplied hundreds of                  are restricted, but under these pro-                      Mr. Speaker, the time is now. We’re
                                                times across congressional districts                    posed free trade agreements, we can’t                  not going to maintain a superpower
                                                throughout the Nation.                                  do a thing to make sure that our com-                  status as long as all we can do is give
                                                  Mr. Speaker, passing these agree-                     panies are treated fairly. And they call               each other haircuts and serve each
                                                ments is one of the most common                         it a good deal.                                        other dinner. We’ve got to make things
                                                sense, low cost, and economically                         Currently, nontariff barriers are                    here at home so that our businesses
                                                sound things that Congress can do                       playing a vital role in preventing U.S.-               can finally benefit by some fair trade.
                                                right now to boost job growth. And now                  made cars from being sold in Japan.                       Mr. DREIER. Mr. Speaker, I yield
                                                that the President has finally sent the                 According to the American Auto Coun-                   myself 15 seconds to say that free trade
                                                agreements to Capitol Hill, we must                     cil, for every one car that the U.S. ex-               is fair trade. And it’s interesting to
                                                act immediately. I urge my colleagues                   ports to Japan, Japan exports at least                 note that the United Auto Workers
                                                to support this rule.                                   180 vehicles to the United States.                     supports the agreement that exists. I
                                                  Mr. MCGOVERN. Mr. Speaker, I yield                    That’s 1 to 180. U.S. auto exports to                  totally concur with my friend from
                                                myself 25 seconds to respond to the                     Japan were limited to 8,000 cars last                  Rochester in arguing, Mr. Speaker,
                                                gentleman from California.                              year. That’s all we could sell in all of               that we must enforce the agreements
                                                  In 2009 the number of total murders                   Japan. The USTR says, A variety of                     that we have, including on intellectual
                                                per capita in the U.S.A. was 5 per                      nontariff barriers have traditionally                  property issues.
                                                100,000. In Mexico, it was 18.4, and in                 impeded access to Japan’s automobile                      With that, I reserve the balance of
                                                Colombia it was 37.3. These are all gov-                and automotive parts market. Overall                   my time.
                                                ernment statistics.                                     sales of U.S.-made vehicles remain low,                   Mr. MCGOVERN. Mr. Speaker, at this
                                                  If 23 labor leaders and 29 civil rights               which is a serious concern.                            time I would like to yield 3 minutes to
                                                leaders and 6 priests were targeted and                   But despite that, what they think                    the gentleman from California, the
                                                murdered in Los Angeles so far this                     with that hand, the government’s left                  ranking Democrat on the Education
                                                year because of their work in the com-                  hand, the government’s right hand is                   and Workforce Committee, Mr. MIL-
                                                munity, I would like to think that the                  going to sign more trade bills that do                 LER.
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                                                city or the gentleman from California                   exactly the same thing.                                   (Mr. GEORGE MILLER of California
                                                would be up in arms about that. But                                                                            asked and was given permission to re-
                                                that’s the reality in Colombia.                                           b 1750                               vise and extend his remarks.)
                                                  At this time I would like to yield 3                    It is an action, as far as I’m con-                     Mr. GEORGE MILLER of California.
                                                minutes to the gentlewoman from New                     cerned, that defies common sense. In-                  Mr. Speaker, Members of the House,
                                                York, the ranking Democrat on the                       stead of wasting our time voting for a                 one of our most important responsibil-
                                                Rules Committee, Ms. SLAUGHTER.                         bad trade bill, I have introduced a bill               ities as elected officials is to promote

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                                                H6716                                              CONGRESSIONAL RECORD — HOUSE                                                    October 11, 2011
                                                and protect American jobs and values.                     Mr. DREIER. Mr. Speaker, I am                        bring into question whether our Nation
                                                When it comes to trade, jobs and values                 happy to yield 2 minutes to one of our                 continues to be a defender of human
                                                go hand-in-hand. To promote American                    thoughtful, hardworking new Members,                   rights and workers’ rights around the
                                                jobs, we must promote American val-                     the gentleman from Fowler, Kansas                      world. According to the International
                                                ues. We do this by ensuring that our                    (Mr. HUELSKAMP).                                       Trade Union Confederation, more
                                                workers are protected from unfair com-                    Mr. HUELSKAMP. I appreciate the                      unionists are killed every year in Co-
                                                petition with countries that keep                       opportunity to visit with you on the                   lombia than in the rest of the world
                                                wages artificially low by repressing es-                floor today.                                           combined. Last year saw 51 murders.
                                                sential democratic rights: the right to                   Every day that goes by without these                 As the AFL–CIO’s Richard Trumka
                                                speak out, the right to organize, the                   agreements is a missed opportunity.                    noted: ‘‘If 51 CEOs had been murdered
                                                right to bargain, the right for a better                Hundreds of missed opportunities have                  in Colombia last year, this deal would
                                                life without fear of reprisals.                         passed because of years of delay, which                be on a very slow track indeed.’’
                                                   And so as we now consider the trade                  is why we cannot afford to waste one                     This year, we have seen 23 more men
                                                agreement with Colombia, what do you                    more day. The fact is, today in South                  and women killed. Human Rights
                                                get when you exercise your rights in                    Korea, for example, beef costs nearly                  Watch reviewed these and hundreds of
                                                Colombia today? You get death threats                   $24 a pound. Pork costs nearly $10 a                   other cases of antiunion violence there
                                                and death squad activities against you                  pound. These facts can only work to                    and concluded that Colombian authori-
                                                and your families. Colombia is the                      the mutual benefit of both U.S. pro-                   ties have ‘‘made virtually no progress
                                                most dangerous place on Earth for                       ducers and Korean consumers.                           in obtaining convictions for killings
                                                workers who dare to exercise their                        When America is starved for jobs and                 from the past 41⁄2 years.’’
                                                rights. During the last Colombian                       economic growth, agreements with Co-                                    b 1800
                                                President’s 8 years in office, 570 union                lombia, Panama, and South Korea
                                                members were assassinated. To date,                                                                              In fact, in only 6 percent of the 2,860
                                                                                                        present an occasion for Washington to
                                                only 10 percent of the thousands of                                                                            trade unionist murders since 1986 have
                                                                                                        address these challenges. Up to a quar-
                                                killings over the last 25 years have                                                                           there been any convictions. That
                                                                                                        ter million new jobs and a hundred bil-
                                                been resolved.                                                                                                 means 94 percent of the killers are
                                                                                                        lion-dollar boost to the country’s GDP
                                                   The problems here are undeniable. So                                                                        walking away. Worse, 16 of the murders
                                                                                                        are glimmers of hope in what is other-                 this year have occurred after the labor
                                                I appreciate that the U.S. and the Co-                  wise a bleak economic outlook. And                     action plan put forward by the admin-
                                                lombia Governments have finally
                                                                                                        not a dime of taxpayer money has to be                 istration and the Colombian Govern-
                                                brought labor rights into the equation.
                                                                                                        spent to create good American jobs.                    ment was put into effect.
                                                They have agreed to a Labor Action                        For America to be part of the 21st-
                                                Plan requiring Colombia to change                                                                                This action plan is a fig leaf, pure
                                                                                                        century economy, it is not enough to                   and simple. It is not legally binding. It
                                                some labor laws and to commit more                      simply buy American. We have to sell
                                                resources to fight the violence and im-                                                                        makes promises that the Colombian
                                                                                                        American. America’s safe and efficient                 Government will step up its protec-
                                                punity.                                                 ag, energy, and manufacturing produc-
                                                   But that plan is fatally flawed. It                                                                         tions, but it demands no concrete re-
                                                                                                        tion makes the U.S. an attractive trad-                sults before this free trade agreement
                                                only demands results on paper. It does
                                                                                                        ing partner. Americans can compete,                    is implemented. According to the Na-
                                                not demand real change. Colombia
                                                                                                        and we can win.                                        tional Labor School, if Congress passes
                                                could have a record year for assassina-
                                                                                                          When the Ambassador of Vietnam to                    the free trade agreement, ‘‘the limited
                                                tions and still meet the requirements
                                                                                                        the United States toured a hog farm in                 willingness for change will be further
                                                of the plan. Sure enough, real change is
                                                                                                        my district in August, he was both im-                 reduced and the action plan will be
                                                yet to come to Colombia. Since Presi-
                                                                                                        pressed and astonished by the safety                   turned into a new frustration for Co-
                                                dent Santos took office last year, press
                                                reports indicate at least 38 trade union-               and cleanliness of our facilities. That                lombian workers, in addition to caus-
                                                ists have been murdered—16 since the                    signaled to me that America, and Kan-                  ing other serious consequences.’’ In
                                                Labor Action Plan was announced.                        sas in particular, has much to offer the               other words, more violence—murders—
                                                   In mid-June of this year, I met with                 world.                                                 against trade unionists will be just the
                                                a Port Workers Union leader from Co-                      In sum, these agreements are an op-                  cost of doing business.
                                                lombia in my office about his concerns                  portunity for a nation seeking more af-                  We should not be sanctioning such a
                                                with the free trade agreement. He told                  fordable and safe goods and an oppor-                  system of violence, terror, and abuse.
                                                me that he was not provided protection                  tunity for our Nation to benefit with                  We have a responsibility to protect the
                                                and that the abusive cooperative sys-                   jobs and economic growth. I urge my                    human rights defenders and working
                                                tem was still in place despite commit-                  colleagues to move quickly and join me                 families in Colombia who are exer-
                                                ments made by the Colombian Govern-                     in supporting this rule and the under-                 cising, and only exercising, their fun-
                                                ment to remedy both. In July, I spoke                   lying agreements. We need the jobs,                    damental rights. And we have a respon-
                                                directly to his concerns on the floor of                Mr. Speaker.                                           sibility to stand up for our American
                                                the House. And 2 weeks later, this lead-                  Mr. MCGOVERN. Mr. Speaker, at this                   working families who do not need to
                                                er received death threats via text mes-                 time I would like to yield 3 minutes to                see any more good, well-paying jobs
                                                sage. The message said, ‘‘If you con-                   the gentlewoman from Connecticut                       shipped overseas.
                                                tinue to create problems and denounce                   (Ms. DELAURO).                                           I urge my colleagues to oppose this
                                                things, you will die in a mortuary                        Ms. DELAURO. I rise in opposition to                 rule and this unconscionable agree-
                                                union.’’                                                this rule and the trade agreements un-                 ment.
                                                   It’s under these conditions that we                  derlying it—particularly the agree-                      Mr. DREIER. Mr. Speaker, I yield
                                                are asked to approve this deal. If we                   ment with Colombia. Nothing is more                    myself 1 minute to say that we are
                                                approve the deal now, any incentive for                 important to our economy right now                     going to respond to some of these argu-
                                                Colombia to truly improve will vanish.                  than creating jobs and putting America                 ments that have been made.
                                                Now is not the time to reward violence                  back to work. And yet we have now be-                    First, Colombia is not the safest
                                                with impunity with the seal of ap-                      fore us three NAFTA-style trade agree-                 place in the world. I’m the first to ac-
                                                proval from the United States. The                      ments with South Korea, Colombia,                      knowledge that. There are terrible, ter-
                                                deal with Colombia is neither fair nor                  and Panama that we know from experi-                   rible problems there. We’ve been deal-
                                                free. Telling Colombian workers that if                 ence will lead to more jobs being                      ing with the Revolutionary Armed
                                                they speak out for higher wages, they                   shipped overseas and greater trade defi-               Forces of Colombia, the FARC, the
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                                                will die—that’s not freedom. Telling                    cits. In fact, the Economic Policy In-                 paramilitaries, and serious, serious
                                                American workers to compete with                        stitute has estimated this agreement                   problems that have existed in Colom-
                                                that kind of repression—that’s not fair                 with Colombia will result in the loss of               bia. No one is trying to whitewash or
                                                to our workers or our values.                           55,000 American jobs.                                  dismiss the serious challenges that
                                                   Stand for American values, and re-                     The Colombia deal is particularly                    exist there. But it’s important to note
                                                ject the Colombia Free Trade Agree-                     galling because it will do more than                   that nearly 2,000 labor leaders in Co-
                                                ment.                                                   just destroy American jobs. It will                    lombia, Mr. Speaker, have around-the-

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                H6717
                                                clock bodyguards protecting them. And                   ama—one of our sister countries to                       Since January, 23 unionists have
                                                in Colombia, it is safer to be a unionist               south Florida, we have so many Pan-                    been assassinated. Fifty-one were
                                                than it is the average citizen.                         amanian Americans living in our                        killed last year, more than the rest of
                                                  So I’m not saying that things are                     area—now face tariffs as high as 81 per-               the world combined. Just for carrying
                                                perfect. No one is making that claim.                   cent, but almost all of these will be                  a union card like mine, nearly 3,000
                                                But when we’ve seen an 85 percent de-                   eliminated thanks to this trade agree-                 workers have been killed in Colombia
                                                crease in the murder rate since 2002,                   ment.                                                  over the past 25 years.
                                                when we’ve seen more murders take                         By the administration’s own esti-                      The administration’s Labor Action
                                                place—tragically—in some of our cities                  mates, Mr. Speaker, the U.S.-South                     Plan is intended to address some of the
                                                than have taken place in some areas of                  Korea free trade agreement alone will                  decades-old     problems    of   violence
                                                Colombia, that is something that has                    generate around 70,000 new American                    against unionists and the lack of impu-
                                                to be seen as progress.                                 jobs. And as the Rules Committee                       nity for their perpetrators, but it falls
                                                  The SPEAKER pro tempore (Mr.                          chairman pointed out, south Florida is                 far short from doing so:
                                                THORNBERRY). The time of the gen-                       indeed the gateway to Latin America.                     First, there has not been meaningful
                                                tleman has expired.                                       The SPEAKER pro tempore. The                         collaboration with the Colombian
                                                  Mr. DREIER. I yield myself an addi-                   time of the gentlewoman has expired.                   unions to make sure the action plan is
                                                tional 15 seconds, Mr. Speaker, to say                    Mr. DREIER. I yield my friend an ad-                 being implemented thoroughly;
                                                that I believe we can, in a bipartisan                  ditional 30 seconds.                                     Second, the Attorney General’s of-
                                                way, work to address these very impor-                    Ms. ROS-LEHTINEN. Thank you.                         fice, according to Human Rights
                                                tant issues. And we are going to do just                  We will see significant benefits in                  Watch, hasn’t made any progress in in-
                                                that. We are going to ensure that this                  south Florida, and not just for large                  vestigating the murder cases over the
                                                kind of agreement effectively addresses                 companies but for small and medium-                    last 4 years. Ensuring that murder in-
                                                these problems.                                         sized ones as well.                                    vestigations are conducted and com-
                                                  My friend, Mr. FARR, and I have sat                     Let’s talk about Colombia. Flower                    pleted and the real killers are brought
                                                together in the Office of the Fiscalia in               importers in the area estimate that                    to justice is a critical component of
                                                Colombia, in Bogota.                                    they will save $2 million per month in                 protecting our union brothers and sis-
                                                  The SPEAKER pro tempore. The                          duties that they now are paying on im-                 ters in Colombia. So far, the govern-
                                                time of the gentleman has again ex-                     ports from Colombia.                                   ment hasn’t done it; and
                                                pired.                                                    And also, we should point out how                      Third, employers continue to force
                                                  Mr. DREIER. I yield myself an addi-                   important these trade agreements are,                  workers into collective pacts so they
                                                tional 15 seconds.                                      because these three allies are of great                cannot form unions.
                                                  We have sat and painstakingly, with                   importance to our national security.                     By passing this FTA, Congress is
                                                several other of our colleagues, Demo-                  You can’t ask for better partners for                  blessing this lack of rights and this
                                                crats and Republicans alike, gone                       peace and making sure that we have                     longstanding trend of violence. We are
                                                through these pending cases to bring                    democracy in the region than South                     choosing to stand in solidarity with a
                                                about a resolution on this issue; and in                Korea, Colombia, and Panama.                           government that can’t protect its own
                                                just a few minutes, I’m going to be                       I thank the gentleman for the time,                  people instead of the people who need
                                                yielding to my friend, Mr. FARR, to                     and I’m pleased to support the rule.                   the protecting.
                                                talk specifically about this and the                      Mr. MCGOVERN. I yield myself 20                        I urge my colleagues to think about
                                                challenges we have.                                     seconds.                                               the fact that if they had a card like
                                                  With that, Mr. Speaker, I am happy                      Mr. Speaker, if Colombia is so safe,                 this and if they were a leader in a
                                                to yield 11⁄2 minutes to my very good                   then why do 2,000 labor leaders need                   union in Colombia, they would be a
                                                friend, the chair of the Committee on                   round-the-clock protection? I mean, if                 target. We should not reward this
                                                Foreign Affairs, who represents what                    Colombia is so safe, why are there                     country’s disregard for basic rights
                                                she calls the gateway to the Americas.                  nearly 5 million internally displaced                  within an FTA.
                                                I think Los Angeles comes pretty close                  people and over 1 million Colombian                      I urge my colleagues to vote ‘‘no’’ on
                                                to that too. But Miami, Mr. Speaker, is                 refugees in neighboring countries? It is               the rule and vote ‘‘no’’ on the Colom-
                                                the gateway to the Americas, and they                   because they’re fleeing the violence                   bian free trade agreement.
                                                are very ably represented by our col-                   and civil unrest.                                        Mr. DREIER. Mr. Speaker, I yield
                                                league    from    Florida     (Ms.  ROS-                  Mr. Speaker, at this point I would                   myself 30 seconds to say that it’s obvi-
                                                LEHTINEN).                                              like to yield 3 minutes to the gen-                    ous that Colombia is not a safe place.
                                                  Ms. ROS-LEHTINEN. I thank the es-                     tleman from Maine (Mr. MICHAUD).                       I’m not claiming that at all. There
                                                teemed chairman of the Rules Com-                         Mr. MICHAUD. I want to thank my                      have been murders that have taken
                                                mittee for highlighting what a trans-                   friend for yielding to me.                             place and it still is a very dangerous
                                                formation Colombia has made in recent                     This rule makes in order three                       spot. But it’s important to note that a
                                                years, thanks to the strong leadership                  NAFTA-style free trade agreements,                     Mr. Gomez, who is the leader of one of
                                                from the top down to the cop on the                     one with Korea, one with Panama, and                   the three main labor organizations in
                                                beat.                                                   one with Colombia, all of which I op-                  Colombia, has said that the labor
                                                  If the American people are listening                  pose. But I want to focus my remarks                   agreements included in this package
                                                to this debate, they would think that                   today on the trade agreement with Co-                  are the single greatest achievement for
                                                Colombia is a war zone equal to Iraq                    lombia because it hits so close to home                social justice in the last 50 years of Co-
                                                and Afghanistan. And I believe that                     for me.                                                lombia’s history.
                                                those Members have not gone to Co-                        You will hear from Members that feel
                                                lombia in many a year.                                  passionately about Colombia from
                                                  But I rise in strong support of the                   their experience in that country. They                                  b 1810
                                                free trade agreements with Colombia,                    support the free trade agreement, and I                  We still have a long way to go, Mr.
                                                Panama, and South Korea. I thank my                     respect their perspectives. But there                  Speaker. We still have a long way to
                                                good friend from California for his                     are some of us who feel just as passion-               go, but progress is being made.
                                                strong leadership on these three trade                  ately about our brothers and sisters                     With that, I reserve the balance of
                                                deals that we’ve been waiting so many                   who are killed in Colombia just be-                    my time.
                                                years, Mr. Speaker, for them to be sent                 cause they are members of a union, and                   Mr. MCGOVERN. Mr. Speaker, at this
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                                                to Congress. I am pleased that at last                  we oppose the agreement.                               time I would like to yield 2 minutes to
                                                we have the chance to vote on them,                       I am a proud, card-carrying member                   the gentleman from Oregon (Mr. DEFA-
                                                because their passage will mean Amer-                   of the United Steelworkers Union. I’ve                 ZIO).
                                                ican businesses will finally have a com-                been a member of the union for over 39                   Mr. DEFAZIO. This is momentous.
                                                petitive level playing field.                           years and served as vice president of                  We’re finally talking about jobs on the
                                                  And to give you just one example,                     Local 152. Workers in Colombia are                     floor of the House of Representatives.
                                                American industrial exports to Pan-                     being killed for the exact same thing.                 And the United States of America is

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                                                H6718                                              CONGRESSIONAL RECORD — HOUSE                                                    October 11, 2011
                                                number one. Let’s have a little enthu-                  that we have been debating this issue                    And it is not sufficient just to say,
                                                siasm. We’re number one. We’re num-                     since the negotiations began in 2004.                  well, Colombia is a dangerous place to
                                                ber one, and we want to make certain                    Time and time again on this House                      live. Colombia has a longstanding leg-
                                                that we continue that status.                           floor, we’ve had very rigorous debates                 acy of serious abuses; and despite some
                                                  What are we number one in? We are                     on these agreements. And I will ac-                    positive rhetoric by the Santos admin-
                                                number one in exporting jobs to foreign                 knowledge, we do have problems with                    istration, we have yet to see a tangible
                                                lands over the last 20 years. Every day                 job creation and economic growth.                      improvement.
                                                we lose 1,370 manufacturing jobs be-                      What this measure does, Mr. Speak-                     The recently agreed-to Labor Action
                                                cause of our failed trade policies. And                 er, is it eliminates the barrier for                   Plan includes language to prevent and
                                                guess what? These agreements are du-                    union and nonunion workers and farm-                   punish abuses against labor leaders and
                                                plicates of all failed past trade agree-                ers in this country to have access to                  trade unionists, but it is not legally
                                                ments.                                                  new markets.                                           binding or included in the FTA before
                                                  Now, the chairman of the committee                      The SPEAKER pro tempore. The                         us today. We need to see results before
                                                says we’re going to have lengthy de-                    time of the gentleman has expired.                     granting preferential trade treatment.
                                                bate, and we will dispel misinforma-                      Mr. DREIER. I yield myself an addi-                    Under this agreement, if violence and
                                                tion. Well, the first misinformation is                 tional 30 seconds, Mr. Speaker.                        impunity continue, the U.S. will have
                                                that we’re having any lengthy debate                      On August 15, because we had done                    no mechanism for holding the Colom-
                                                here on the floor of the House; 41⁄2                    nothing, our Colombian friends nego-                   bian Government accountable to the
                                                hours for three trade agreements, 270                   tiated a free trade agreement with the                 promises in the Labor Action Plan.
                                                minutes, boy, a lot of time. Not exactly                Canadians, with our good friends to the                  Mr. Speaker, the fact is that human
                                                like we’re burning the midnight oil                     north, the Canadians.                                  rights abuses are not just a thing of the
                                                around here, or even working 5 days a                     And guess what, Mr. Speaker. In lit-                 past in Colombia. Recently published
                                                week. Couldn’t we have a little more                    erally 1 month, there was an 181⁄2 per-                statistics show that Colombia is still
                                                time?                                                   cent increase in Canadian wheat ex-                    the deadliest place in the world to be a
                                                  Fast Track would have allowed for 20                  ports to Colombia. This is the kind of                 trade unionist, with 51 murders in 2010,
                                                hours on each of the two Fast Track                     opportunity that we’ve been prevented                  25 trade unionists have been murdered
                                                agreements and who knows what? So                       from having, and we’ve been debating                   so far in 2011, and 16 since this Labor
                                                that would have been 40 hours. No,                      this for 5 years. It’s high time that we               Action Plan went into effect. And this
                                                we’re going to have 165 minutes by the                  vote, and that’s exactly what we’re                    cycle of violence is going to continue
                                                proponents to dispel the misinforma-                    going to do, after hours of debate, both               because the Colombian Government
                                                tion, and 105 by those of us who are op-                tonight and tomorrow.                                  has made little progress toward pros-
                                                posed to these job-killing trade agree-                   With that, I reserve the balance of                  ecuting perpetrators and ending impu-
                                                ments. That’s fair, 165 on their side and               my time.                                               nity.
                                                105 on our side because our arguments                     Mr. MCGOVERN. Mr. Speaker, I yield                     The bottom line is this: The Labor
                                                are honest, and theirs aren’t. But                      myself 25 seconds to respond to the                    Action Plan and the Colombia FTA re-
                                                that’s the way things break around                      gentleman from California.                             ward promises, not progress. Mr.
                                                here. That is lengthy debate.                             He mentioned a labor leader, in his                  Speaker, the consideration of any trade
                                                  Let’s talk for a minute about Colom-                  remarks before, as saying how wonder-                  deal with Colombia is inappropriate
                                                bia. You know, in Colombia, the aver-                   ful the Labor Action Plan was. I should                until we see tangible and sustained re-
                                                age income is $3,200. Think of all the                  point out to him that last Monday, on                  sults. As AFL–CIO President Richard
                                                U.S. manufactured goods those Colom-                    October 3, that same labor leader                      Trumka has said, and think about this,
                                                bians are going to buy with $3,200 of in-               joined in a press conference with other                he said, ‘‘We have no doubt that if 51
                                                come. Whoa, thousands of Americans                      Colombian unions to express his frus-                  CEOs had been murdered in Colombia
                                                go to work.                                             tration with the Colombian Govern-                     last year the deal would be on a very
                                                  Does that remind you of the myth                      ment’s failure to implement the Labor                  slow track indeed.’’
                                                about NAFTA?                                            Action Plan.                                             I strongly urge my colleagues to join
                                                  No, this is about yet one more plat-                    I also would point out that the Co-                  me in opposing this rule and the three
                                                form to get and access abused labor,                    lombia Labor School also has issued a                  underlying trade agreements.
                                                unorganized labor under Colombian law                   long statement about how the Colom-                      Mr. DREIER. Mr. Speaker, I yield
                                                to send goods back to the United                        bian Government has failed to enact                    myself 30 seconds to say that my friend
                                                States of America.                                      the Labor Action Plan.                                 from Illinois is absolutely right: Co-
                                                  The SPEAKER pro tempore. The                            I don’t care what the Canadians do.                  lombia is not a safe place. But we have
                                                time of the gentleman has expired.                      In the United States of America, we’re                 seen an 85 percent reduction since 2002
                                                  Mr. MCGOVERN. I yield the gen-                        supposed to respect human rights.                      in the murder rate among trade union-
                                                tleman an additional 30 seconds.                          Mr. Speaker, at this time I would                    ists. It’s not perfect and it still is a
                                                  Mr. DEFAZIO. I thank the gen-                         like to yield 3 minutes to the gentle-                 very dangerous place, but that is
                                                tleman.                                                 lady from Illinois (Ms. SCHAKOWSKY).                   progress.
                                                  And then there’s the issue of, yes, we                  Ms. SCHAKOWSKY. I thank you,                           I’d also like to say to my friend from
                                                will get some more agriculture exports,                 Congressman MCGOVERN, for your tire-                   Worcester—and I appreciate the fact
                                                insignificant to our industry, won’t                    less commitment to promoting human                     that he didn’t say it—Mr. Gomez is
                                                employ any Americans, may employ                        rights around the world.                               still supportive of the Colombia-U.S.
                                                some more people who are in this coun-                    I rise in strong opposition to this                  free trade agreement that he men-
                                                try to harvest the crops.                               rule and to the three pending free trade               tioned in his remarks. And I think that
                                                  But it will cut dramatically into the                 agreements. The Bush-negotiated Co-                    he voiced frustration over the imple-
                                                principal form of employment in Co-                     lombia, Panama and South Korea                         mentation of agreements. That’s some-
                                                lombia. There’ll be a 75 percent drop                   FTAs expand the NAFTA-style trade                      thing that takes place in a free society.
                                                potentially in rural employment in Co-                  model that has proven destructive to                   That’s something we see here regularly
                                                lombia. And where will they turn?                       the American economy and harmful to                    and there regularly. Implementation of
                                                  The noted economist Joseph Stiglitz                   the workers in the United States and                   this will help with that enforcement.
                                                says they will turn from traditional                    abroad.                                                  With that, I reserve the balance of
                                                farming and farming for their own                         Instead of considering a jobs bill, we               my time.
                                                economy to growing coca. So not only                    are instead voting on trade deals that                   Mr. MCGOVERN. Mr. Speaker, at this
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                                                are we going to facilitate the collapse                 the Economic Policy Institute esti-                    point it is my privilege to yield 2 min-
                                                of their agricultural economy, like we                  mates will eliminate or displace an ad-                utes to the gentleman from Michigan,
                                                did in Mexico; we’re going to facilitate                ditional 200,000 American jobs. In par-                the ranking Democrat on the Ways and
                                                the drug lords with this crummy agree-                  ticular, I believe we should not extend                Means Committee, Mr. LEVIN.
                                                ment.                                                   additional trade privileges to Colombia                  (Mr. LEVIN asked and was given per-
                                                  Mr. DREIER. Mr. Speaker, I yield                      without seeing significant progress on                 mission to revise and extend his re-
                                                myself 30 seconds to say to my friend                   human rights.                                          marks.)

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                               H6719
                                                                  b 1820                                few weeks, the gentleman from Carmel,                    Let’s preserve American jobs and
                                                  Mr. LEVIN. The Bush administration                    California, a Peace Corps volunteer                    let’s think about American jobs. This
                                                negotiated three seriously flawed                       who served four decades ago in Colom-                  is a huge exporter. In my district
                                                FTAs. The key flaw in the South Korea                   bia and knows about it as well as any-                 alone, it’s the number one country in
                                                FTA was that it violated a funda-                       one, Mr. FARR.                                         Latin America that we export produce
                                                mental principle of sound, overall                        Mr. FARR. Thank you, Mr. Chair-                      to. So it’s an important country to us.
                                                trade policy: two-way trade. It locked                  man, for yielding. I look forward to                     Let the debate begin. The debate
                                                in one-way trade for Korea in the auto-                 this debate.                                           can’t begin without passing the rule.
                                                motive sector, the source of three-                       As was said, I lived in Colombia, and                  Mr. MCGOVERN. I would like to
                                                quarters of the American trade deficit                  I have a different perspective than a lot              yield 2 minutes to the gentleman from
                                                with Korea. Last year, urged by con-                    of people. First of all, I think we have               Washington from the Committee on
                                                gressional Democrats, the Obama ad-                     to put in perspective that the Latin                   Ways and Means, Mr. MCDERMOTT.
                                                ministration negotiated specific provi-                 American market is important to the                      (Mr. MCDERMOTT asked and was
                                                sions opening up the Korean market                      United States. If you take Brazil, Mex-                given permission to revise and extend
                                                for automotive products made in Amer-                   ico, and Colombia, just three countries,               his remarks.)
                                                ica.                                                    they equal the entire European trade,                    Mr. MCDERMOTT. Mr. Speaker, in
                                                  These vital changes would not have                    and they exceed the trade with Japan                   my district, one out of three or maybe
                                                happened if, as the Republicans contin-                 and China. It’s a very important mar-                  one out of four people make their job
                                                ually insisted, the FTA had passed as                   ket.                                                   some way in relationship to foreign
                                                originally negotiated. The Panama                         Colombia is a country that you have                  trade, either directly through the sea-
                                                FTA as originally negotiated by the                     heard a lot about, particularly on                     port or through the companies that op-
                                                Bush administration failed to carry out                 crime. And as you remember, there is                   erate in my district, or the agricul-
                                                another key provision of sound trade                    big, big drug production and a lot of                  tural sector of eastern Washington.
                                                policy,    incorporating   international                crime, particularly paramilitaries who                 Now, all of us in Seattle know that
                                                standards on worker rights. Congres-                    have killed a lot of labor leaders. But                trade is not bad if it’s done right, and
                                                sional Democrats and the Obama ad-                      what has not been stated is that Co-                   that’s really the issue that we’re debat-
                                                ministration successfully worked with                   lombia is one of the few countries in                  ing here tonight under this rule which
                                                the Panamanian Government to cor-                       the world that keeps track of crimes                   I support.
                                                rect these flaws, and it also took the                  against people who happen to be union-                   Two of the agreements that we have
                                                necessary concrete steps to change its                  ists, not necessarily that they are                    before us, Korea and Panama, are ex-
                                                role as a tax haven.                                    killed because they are unionists, but                 amples of doing it right. The Bush ad-
                                                  The Colombia FTA, as originally ne-                   because they are killed and they hap-                  ministration went in and signed agree-
                                                gotiated, fell far short of addressing                  pen to be a member of a union. So they                 ments that were flawed, and, in fact,
                                                the longstanding concerns about the                     have this data. We don’t do that in the                were held up, and then were renegoti-
                                                specific challenges in Colombia to                      United States.                                         ated and are, in my opinion, a good
                                                worker rights and the persistence of vi-                  Colombia has set up a separate min-                  place for the trade issue for these two
                                                olence and impunity. The Obama ad-                      istry just to handle labor crimes and                  countries. We rejected those flawed
                                                ministration and the new Santos ad-                     put those judges, prosecutors, inves-                  agreements because we wanted to do it
                                                ministration undertook the important                    tigators, and everybody in place in                    right.
                                                steps of discussions on these issues,                   every single one of the departments or                   Now with these new rewritten agree-
                                                culminating in an action plan relating                  states in Colombia. We don’t do that in                ments, we have some real change. In
                                                to labor rights. Unfortunately, there                   the United States.                                     Panama’s case, it is no longer a tax
                                                                                                          Colombia has created a protection                    haven. It was the best tax haven on the
                                                remains serious shortcomings in the
                                                                                                        system for unionists, including people                 face of the Earth before. Now we have
                                                plan’s implementation. What’s more,
                                                                                                        who want to form unions, who want to                   a trade agreement, we have an imple-
                                                giving in to congressional Republican
                                                                                                        advocate for unions, teachers, and re-                 mented tax agreement that will make
                                                insistence, there is completely lacking
                                                                                                        tirees of unions who may be threatened                 it transparent and no longer will that
                                                any link in the implementation bill to
                                                                                                        because of their activity in unions. We                happen.
                                                the action plan, necessary to assure its
                                                                                                        don’t do that in the United States.                      Unfortunately, Colombia is a glass
                                                present implementation and future en-
                                                                                                        They have all set up a hotline, full dis-              that you could hold up and say, is it
                                                forcement actions under the FTA.
                                                  In view of those conditions, I oppose                 closure, and you can do that anony-                    half full or half empty? There clearly
                                                the Colombia FTA.                                       mously. You can either email in or you                 have been problems, for many of us
                                                  Mr. DREIER. Mr. Speaker, may I in-                    can call in anonymously to the govern-                 who have been resistant to this for a
                                                quire of my good friend and Rules Com-                  ment reporting any labor violations.                   long time, and I will resist that par-
                                                mittee colleague, the gentleman from                    We don’t do that in a national way                     ticular one tonight because, and most
                                                Worcester, how many speakers he has                     here in the United States. So there are                importantly, Colombia has moved.
                                                remaining on his side?                                  a lot of issues here that we ought to                  They’ve made beautiful speeches.
                                                  Mr. MCGOVERN. We have the gen-                        recognize when we’re talking about Co-                 Speeches don’t change anything. My
                                                tleman      from     Washington     (Mr.                lombia.                                                old friend, Ronald Reagan, who I ad-
                                                MCDERMOTT), and then I will close.                        But I think most of all we’ve got to                 mired greatly, said ‘‘trust but verify.’’
                                                  Mr. DREIER. I have a couple of                        talk about this in terms of American                   And when the Republicans refused to
                                                speakers. How much time is remaining                    jobs. We sell a lot of things that we                  put into this trade agreement that the
                                                on each side, Mr. Speaker?                              make here in America to Colombia.                      work action plan would be included,
                                                  The SPEAKER pro tempore. The gen-                     Let’s take Caterpillar, for example.                   they sent the message ‘‘we’re not seri-
                                                tleman from California has 71⁄4 minutes                 Canada has just adopted a free trade                   ous.’’ And that’s why you’re going to
                                                remaining. The gentleman from Massa-                    agreement. Europe is about to adopt a                  get so much opposition.
                                                chusetts has 41⁄4 minutes remaining.                    free trade agreement with Colombia.                      I urge the adoption of the rule, and
                                                  Mr. MCGOVERN. Then I will reserve                     And we’re not going to have one. That                  we’ll debate the issues later.
                                                the balance of my time.                                 means our goods are going to be more                     Mr. DREIER. At this time I’m happy
                                                  Mr. DREIER. Mr. Speaker, I men-                       expensive in Colombia. They’re not                     to yield 2 minutes to a very, very
                                                tioned the bipartisan nature of this,                   going to buy from us. We’re going to                   strong free trader, a bold and coura-
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                                                and to stress that, and being the only                  lose the market share. Caterpillar will                geous friend from New York City, Mr.
                                                one who will yield time to Democrats                    be out of business. They’ll be buying                  MEEKS.
                                                who are in support of these agree-                      that heavy equipment from Europe,                        Mr. MEEKS. Mr. Speaker, I feel a
                                                ments, I am happy to yield 21⁄2 minutes                 they’ll be buying it from Brazil, and                  sense of urgency about passage of the
                                                to my very good friend and a man with                   they’ll be buying it from Canada—                      FTAs before us. Urgency because while
                                                whom I have spent time in Colombia on                   countries that have entered into a free                we have been waiting on the passage of
                                                numerous occasions and will in just a                   trade agreement.                                       the agreements, South Korea has

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                                                H6720                                              CONGRESSIONAL RECORD — HOUSE                                                      October 11, 2011
                                                moved forward on trade with Europe,                     in 2006. Supporters of the FTA now talk                assassins had placed his mayor’s identity
                                                and Colombia and Panama are moving                      about those years as Colombia’s dark                   card, as a warning to others who would speak
                                                forward on several bilaterals of their                  past, but they supported the FTA then                  out against the paramilitaries and public of-
                                                                                                                                                               ficials who supported them.
                                                own with Canada, China, and others.                     just as they do now. The House was
                                                  And trade is never just about eco-                                                                           Background
                                                                                                        right to block the FTA in 2008. Sup-
                                                nomics. It’s also about our relation-                   porters then extolled the virtues of the                  Eudaldo ‘‘Tito’’ Diaz was the mayor of El
                                                                                                                                                               Roble municipality in Sucre Department,
                                                ships with other nations, our allies. It’s              Uribe government, but Colombia’s new                   Colombia. He was killed for denouncing the
                                                about strengthening the rule of law,                    Attorney General has revealed mind-                    links between public officials and para-
                                                and it’s about deepening ties. A recent                 boggling corruption in every agency of                 military death squads. After speaking out,
                                                report by the Council on Foreign Rela-                  Uribe’s government. Criminal acts                      he was sacked and his security detail was
                                                tions said it well, ‘‘Trade has been and                were the norm.                                         withdrawn. He knew that his actions carried
                                                remains a major strategic instrument                      I believe the Santos government is                   a high price: ‘‘they are going to kill me’’ he
                                                of American foreign policy. It binds to-                Colombia’s best chance to bring about                  said, at a televised public meeting on Feb-
                                                gether countries in a broad and deep                    much needed reforms and institutional                  ruary 1, 2003, at which he spoke out about
                                                                                                                                                               the corruption and threats. The meeting was
                                                economic network that constitutes a                     change. I want him to succeed, but
                                                                                                                                                               attended by former president Uribe and then
                                                bulwark against conflict.’’ But let me                  goodwill is not enough. We have had                    governor of Sucre, Salvador Arana Sus,
                                                also talk specifically about the Colom-                 promises before. We need time to see if                whom Mr. Diaz had publicly denounced. Two
                                                bia free trade agreement.                               good intentions result in concrete                     months later, on April 5, 2003, Mr. Diaz was
                                                                  b 1830                                change on labor and human rights.                      called to a meeting by governor Arana, colo-
                                                                                                          This is Tito Diaz. He was the mayor                                   ´
                                                                                                                                                               nel Norman Leon Arango (the former Police
                                                  Many of my colleagues have talked                     of El Roble in Sucre. In 2003, he de-                                         ´           ´
                                                                                                                                                               Chief of Sucre), Alvaro Garcıa Romero
                                                today about the violent past in Colom-                  nounced the links between public offi-                 (former Senator, sentenced for his role in the
                                                bia and of the remaining vestiges of                    cials and paramilitaries. For this, he                 Chengue massacre and for his links to
                                                that past. Having traveled extensively                                                                         paramilitaries), Jaime Gil Ortega (former In-
                                                                                                        was tortured and murdered. His body
                                                in Colombia over the last decade, I can                                                                        spector General of Sucre), Guillermo
                                                                                                        was found strung up like a crucifix and                Merlano Martinez (former Inspector General
                                                tell you personally that Colombia is                    shot 11 times—his fingernails ripped                   of Sucre) and Eric Morris Taboada (former
                                                not what it used to be. It’s far from it.               out, his knees bludgeoned, and his                     governor of Sucre during 1997–2001, sentenced
                                                Even if it is not where it wants to be                  mayor’s I.D. card taped to his forehead.               for his links with paramilitary groups). On
                                                just yet, there has been major progress                   His son, Juan David, carried on his                  his way to that meeting, Mr. Diaz was dis-
                                                in Colombia, and this has been with a                   father’s work, leading the victims’                    appeared, tortured for five days and mur-
                                                tremendous amount of cooperation                        movement in Sucre. He survived four                    dered. On April 10th, his body was found,
                                                with and between our great nations.                     assassination attempts but finally fled                strung up like a crucifix. He had been shot
                                                The agreement with Colombia cer-                                                                               eleven times, his fingernails ripped out and
                                                                                                        the country. Others took his place.                    his knees bludgeoned. The ulcer in his stom-
                                                tainly has its many economic benefits                   Since 2006, five more victims’ rights                  ach showed that he had been deprived of food
                                                for America. We are leveling the play-                  leaders in Sucre have been murdered—                   and water. On his forehead, the assassins had
                                                ing field for American business.                        two this year.                                         placed his mayor’s identity card, as a warn-
                                                  Beyond that, what I want to empha-                      This is the reality for Colombia’s                   ing to others who would speak out against
                                                size right now is a role that the agree-                human rights defenders, 29 of whom                     the paramilitaries and politicians who sup-
                                                ment plays in strengthening the rule of                 have been killed this year; 51 priests                 ported them.
                                                law, specifically as it relates to labor.               murdered in the past decade, six so far                   Mr. Diaz’ son, Juan David, carried on his
                                                                                                                                                               father’s work. He has survived four assas-
                                                The agreed-upon action plan between                     this year. In this violent reality, Co-                sination attempts and received over 20 death
                                                the Obama administration and the                        lombian workers attempt to exercise                    threats. The day his father was killed, he re-
                                                Santos administration brings about                      their rights.                                          ceived his first death threat. Soon after, gov-
                                                important changes that labor groups in                    I ask my colleagues to think about                   ernor Arana was named ambassador to Chile
                                                Colombia have sought to solidify for                    the lives of all the brave labor leaders,              by president Uribe. Mr. Arana is currently
                                                years. In fact, several labor organiza-                 human rights defenders, religious and                  serving a 40-year sentence for Mr. Diaz’ mur-
                                                tions in Colombia made public state-                    community leaders. Do not turn your                    der. At least 12 of the witnesses in the case
                                                ments about the importance of the ac-                   backs on them. Demand concrete                         have been killed.
                                                tion plan. One of Colombia’s major                      change on the ground before approving                   2. Prosecutions for Assassination of Eudaldo
                                                                                                        the Colombia FTA. You know that that                                      ‘‘Tito’’ Diaz
                                                labor federations lauded the action
                                                plan, signifying that, if one of the re-                is the right thing to do. If the United                   Salvador Arana Sus, former governor of
                                                                                                                                                               Sucre, sentenced to 40 years for forced dis-
                                                sults of the FTA is the advancement of                  States of America stands for anything,                 appearance, aggravated homicide with polit-
                                                labor and is an increase in the guaran-                 we ought to stand out loud and four-                   ical motives, and promotion of illegal armed
                                                tees to exercise freedom of association,                squared for human rights. Let’s re-                    groups. He had been appointed by former
                                                then the FTAs are welcome. Moreover,                    member that as we deliberate on the                    president Uribe as ambassador to Chile 2003–
                                                the federation and others have stated                   Colombia FTA. It is just wrong to ra-                  2005.
                                                                                                                                                                  Angel Miguel Berrocal Doria alias ‘‘El
                                                that this action plan will continue to                  tionalize, or explain away, the human
                                                fight against impunity.                                 rights situation in Colombia. We are                   Cocha,’’ a paramilitary, sentenced to 37
                                                                                                                                                               years for homicide.
                                                  The SPEAKER pro tempore. The                          better than that. We should demand                        Rodrigo Antonio Mercado Pelufo, alias
                                                time of the gentleman has expired.                      more on behalf of the workers and the                  ‘‘Cadena,’’ head of the paramilitary group
                                                  Mr. DREIER. I yield the gentleman                     human rights defenders in Colombia.                       ´
                                                                                                                                                               Heroes de los Montes de Maria, sentenced in
                                                an additional 15 seconds.                                 Vote ‘‘no’’ on the rule, and vote ‘‘no’’             absentia to 40 years for aggravated homicide
                                                  Mr. MEEKS. I am pleased to say that                   on the Colombia FTA.                                   and simple kidnapping.
                                                just last month, the Obama adminis-                     A BRIEF HISTORY OF THE VICTIMS’ RIGHTS                               ´
                                                                                                                                                                  Emiro Jose Correa alias ‘‘Convivir’’ and
                                                tration announced that Colombia has                       MOVEMENT (MOVICE) IN THE DEPARTMENT                         ´
                                                                                                                                                               Jose Tomas Torres alias ‘‘Orbitel,’’ known
                                                                                                          OF SUCRE (COLOMBIA)                                  paramilitaries who allegedly carried out gov-
                                                fully complied with its commitments
                                                                                                                    EUDALDO ‘‘TITO’’ DIAZ
                                                                                                                                                               ernor Sus’ instruction to kill Mr. Diaz, were
                                                under the Labor Action Plan that was                                                                                                             ´
                                                                                                                                                               absolved in 2011. Diana Luz Martınez, former
                                                set for completion in mid-September.                    1. Biographical Note on Eudaldo ‘‘Tito’’ Diaz          director of the La Vega prison, who allegedly
                                                At the same time, the State Depart-                     Summary                                                enabled the paramilitaries to leave the pris-
                                                ment also notified that Colombia is                       Eudaldo ‘‘Tito’’ Diaz was the mayor of El            on where they were detained in order to
                                                meeting statutory criteria relating to                  Roble municipality in Sucre Department,                carry out the assassination, was absolved of
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                                                human rights that call for the obliga-                  Colombia. He was killed for denouncing the             all charges.
                                                tion of U.S. assistance funds for the Co-               links between public officials and para-                  The paramilitaries Edelmiro Anaya, alias
                                                                                                        military death squads. On the 5th of April             ‘‘El Chino,’’ Carlos Verbel Vitola, alias ‘‘Ca-
                                                lombian Armed Forces.                                   2003, Mr. Diaz was disappeared, tortured for           liche,’’ Wilson Anderson Atencia, alias ‘‘El
                                                  Let’s pass this agreement.                            five days and murdered. His body was found,            Gafa’’ and Jhon Ospino, alias ‘‘Jhon’’ are
                                                  Mr. MCGOVERN. Mr. Speaker, Con-                       strung up like a crucifix. He had been shot            also under investigation. Coronel Norman
                                                gress was right in refusing to take up                  eleven times, his fingernails ripped out and                ´
                                                                                                                                                               Leon Arango, then police chief of Sucre, has
                                                the Colombia FTA when it was signed                     his knees bludgeoned. On his forehead, the             been formally linked to the assassination.

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                                                October 11, 2011                                   CONGRESSIONAL RECORD — HOUSE                                                                         H6721
                                                     3. Members of MOVICE Assassinated                  back to the bipartisan approach to our                    McMorris         Ribble           Sires
                                                                 (Nationwide)                                                                                       Rodgers        Rigell           Smith (NE)
                                                                                                        global leadership role. They want to                      Meehan           Rivera           Smith (NJ)
                                                  Thirteen members of MOVICE have been                  open up markets around the world for                      Meeks            Roby             Smith (TX)
                                                assassinated since the movement was cre-                the United States of America; and with                    Mica             Roe (TN)         Smith (WA)
                                                ated in 2005. Five of those were in the De-             the passage of these three agreements,                    Miller (FL)      Rogers (AL)      Southerland
                                                partment of Sucre:                                                                                                Miller (MI)      Rogers (KY)      Stearns
                                                  1. Garibaldi Berrio Bautista, MOVICE
                                                                                                        we’re going to have access to $2 trillion                 Miller, Gary     Rogers (MI)      Stivers
                                                Sucre, 10 April 2007                                    of economic activity and to 97 million                    Moran            Rohrabacher      Stutzman
                                                                                                        consumers.                                                Mulvaney         Rokita           Sullivan
                                                  2. Jose Dionisio Lozano Torralvo, MOVICE
                                                                                                                                                                  Murphy (PA)      Rooney           Terry
                                                Sucre, 12 August 2007                                     Mr. Speaker, we need to support this                    Myrick           Ros-Lehtinen
                                                  3. Carlos Burbano, MOVICE Caqueta, 8                                                                                                              Thompson (CA)
                                                                                                        rule. We’re going to have debate going                    Neugebauer       Roskam           Thompson (PA)
                                                March 2008                                              into this evening, and we’re going to                     Noem             Ross (AR)
                                                  4. Luis Mayusa Prada, MOVICE Arauca, 8                have debate throughout the day tomor-                     Nugent           Ross (FL)
                                                August 2008                                                                                                       Nunes            Royce
                                                                                                        row. Let’s support the rule.                                                                Tipton
                                                  5. Walberto Hoyos, MOVICE Choco, 14 Oc-                                                                         Olson            Runyan
                                                                                                                                                                                                    Turner (NY)
                                                tober 2008                                                With that, I yield back the balance of                  Owens            Rush
                                                                                                                                                                                                    Turner (OH)
                                                                                                        my time, and I move the previous ques-                    Palazzo          Ryan (WI)
                                                  6. Carlos Rodolfo Cabrera, MOVICE                                                                               Paulsen          Scalise          Upton
                                                Arauca, 28 November 2008                                tion on the resolution.                                   Pearce           Schiff           Walberg
                                                  7. Carmenza Gomez Romero, MOVICE Bo-                    The previous question was ordered.                      Peterson         Schilling        Walden
                                                gota, 4 February 2009                                                                                             Petri            Schmidt          Webster
                                                                                                          The SPEAKER pro tempore. The                                                              West
                                                  8. Jhonny Hurtado, MOVICE Meta, 15                                                                              Pitts            Schock
                                                                                                        question is on the resolution.                            Platts           Schrader         Westmoreland
                                                March 2010
                                                  9. Nilson Ramirez, MOVICE Meta, 7 May                   The question was taken; and the                         Poe (TX)         Schwartz         Whitfield
                                                                                                                                                                  Pompeo           Schweikert       Wilson (SC)
                                                2010                                                    Speaker pro tempore announced that
                                                                                                                                                                  Posey            Scott (SC)       Wittman
                                                  10. Rogelio Martinez, MOVICE Sucre, 18                the ayes appeared to have it.                             Price (GA)       Scott, Austin    Wolf
                                                May 2010                                                  Mr. MCGOVERN. Mr. Speaker, on                           Quayle           Sensenbrenner    Womack
                                                  11. Oscar Maussa, MOVICE Choco, 24 No-                that I demand the yeas and nays.                          Rangel           Sessions         Woodall
                                                vember 2010                                               The yeas and nays were ordered.                         Reed             Sewell           Yoder
                                                  12. Eder Verbel Rocha, MOVICE Sucre, 23                                                                         Rehberg          Shimkus          Young (AK)
                                                March 2011                                                The vote was taken by electronic de-                    Reichert         Shuster          Young (FL)
                                                  13. Ana Fabricia Cordoba, MOVICE                      vice, and there were—yeas 281, nays                       Renacci          Simpson          Young (IN)
                                                Antioquia, 7 June 2011                                  128, not voting 24, as follows:                                             NAYS—128
                                                  I yield back the balance of my time.                                     [Roll No. 771]                         Ackerman         Fudge            Olver
                                                  Mr. DREIER. I yield myself the bal-                                       YEAS—281                              Altmire          Garamendi        Pallone
                                                                                                                                                                  Andrews          Gonzalez         Pascrell
                                                ance of my time.                                        Adams              Culberson            Herger            Baca             Green, Al        Pastor (AZ)
                                                  I’d like to get the debate back to                    Aderholt           Davis (CA)           Herrera Beutler   Baldwin          Hahn             Payne
                                                                                                        Akin               Davis (KY)           Himes
                                                where it was. We have before us four                    Alexander          Denham
                                                                                                                                                                  Barrow           Heinrich         Pelosi
                                                                                                                                                Hirono            Becerra          Higgins          Peters
                                                pending issues. We have trade agree-                    Amash              Dent                 Hoyer             Berkley          Hochul           Pingree (ME)
                                                ments with Colombia, Panama, South                      Amodei             DesJarlais           Huelskamp         Bishop (NY)      Holden           Price (NC)
                                                Korea, and we have the very important                   Austria            Deutch               Huizenga (MI)     Boswell          Holt             Quigley
                                                                                                        Bachus             Diaz-Balart          Hultgren
                                                trade adjustment assistance.                            Barletta           Dicks
                                                                                                                                                                  Brady (PA)       Honda            Rahall
                                                                                                                                                Hunter            Braley (IA)      Israel           Reyes
                                                  Mr. Speaker, our fellow Americans                     Bartlett           Dingell              Hurt              Capps            Jackson Lee      Richmond
                                                are hurting. Job creation and economic                  Barton (TX)        Dold                 Inslee            Capuano            (TX)           Rothman (NJ)
                                                                                                        Bass (CA)          Dreier
                                                growth is something that Democrats                      Bass (NH)          Duffy
                                                                                                                                                Issa              Carnahan         Jones            Roybal-Allard
                                                and Republicans alike are talking                                                               Jackson (IL)      Carson (IN)      Kaptur           Ruppersberger
                                                                                                        Benishek           Duncan (SC)          Jenkins           Chandler         Keating          Ryan (OH)
                                                about. I was listening to the words of                  Berg               Duncan (TN)          Johnson (GA)      Chu              Kildee           Sanchez, Loretta
                                                one of the protest leaders up in New                    Berman             Ellmers              Johnson (IL)      Cicilline        Kissell          Sarbanes
                                                                                                        Biggert            Emerson
                                                York. This guy was saying that the                      Bilbray            Eshoo
                                                                                                                                                Johnson (OH)      Clarke (MI)      Kucinich         Schakowsky
                                                                                                                                                Johnson, E. B.    Clarke (NY)      Langevin         Scott (VA)
                                                protests are about economic and social                  Bilirakis          Farenthold
                                                                                                                                                Johnson, Sam      Clay             Larson (CT)      Scott, David
                                                justice, and he said working class                      Bishop (GA)        Farr
                                                                                                                                                Jordan            Cleaver          Lee (CA)         Serrano
                                                                                                        Bishop (UT)        Fincher
                                                Americans can no longer be ignored.                     Black              Fitzpatrick
                                                                                                                                                Kelly             Clyburn          Lewis (GA)       Sherman
                                                  Now, this measure that is before us,                                                          King (IA)         Cohen            Lipinski         Shuler
                                                                                                        Blackburn          Flake
                                                                                                                                                King (NY)         Conyers          Loebsack         Slaughter
                                                according to the International Trade                    Blumenauer         Fleischmann
                                                                                                                                                Kingston          Costello         Lowey            Speier
                                                Commission, will create 250,000 new                     Bonner             Fleming                                                     ´
                                                                                                                                                Kinzinger (IL)    Courtney         Lujan            Stark
                                                                                                        Bono Mack          Flores
                                                jobs here in the United States of Amer-                 Boren              Forbes
                                                                                                                                                Kline             Critz            Lynch            Sutton
                                                                                                                                                Labrador          Crowley          Maloney          Thompson (MS)
                                                ica. I argue that, if we had had these                  Boustany           Fortenberry                            Cummings         Markey           Tierney
                                                agreements in place, the pain that so                   Brady (TX)         Foxx
                                                                                                                                                Lance             Davis (IL)       McCarthy (NY)    Tonko
                                                                                                        Brooks             Franks (AZ)
                                                many of our fellow Americans are feel-                  Broun (GA)         Frelinghuysen        Landry            DeFazio          McCollum         Towns
                                                ing at this moment would not be as                                                              Lankford          DeGette          McGovern         Tsongas
                                                                                                        Buchanan           Gallegly
                                                                                                                                                Larsen (WA)       DeLauro          McIntyre         Van Hollen
                                                great as it has been because, for half a                Bucshon            Gardner                                Doggett          McNerney            ´
                                                                                                        Buerkle            Garrett              Latham
                                                decade, these agreements have been                                                              LaTourette        Donnelly (IN)    Michaud          Walz (MN)
                                                                                                        Burgess            Gerlach
                                                languishing, waiting to be considered.                  Butterfield        Gibbs                Latta             Doyle            Miller (NC)      Waters
                                                  The last two speakers I yielded to                                                            Levin             Edwards          Miller, George   Watt
                                                                                                        Calvert            Gibson
                                                                                                                                                Lewis (CA)        Ellison          Moore            Waxman
                                                happen to be Democrats. I am very                       Camp               Gingrey (GA)                           Engel            Murphy (CT)      Welch
                                                                                                        Campbell           Gohmert              LoBiondo
                                                proud of having worked closely to-                                                              Lofgren, Zoe      Fattah           Nadler           Woolsey
                                                                                                        Canseco            Goodlatte
                                                gether with SAM FARR and GREGORY                                                                Long              Filner           Neal             Yarmuth
                                                                                                        Cantor             Gosar
                                                MEEKS on these agreements. There are                    Capito             Gowdy                Lucas                             NOT VOTING—24
                                                                                                        Cardoza            Graves (GA)          Luetkemeyer
                                                lots of other people who have been in-                                                          Lummis            Bachmann         Hinchey          Richardson
                                                                                                        Carney             Griffin (AR)
                                                volved and who have worked tirelessly                   Carter             Griffith (VA)        Lungren, Daniel   Brown (FL)       Hinojosa          ´
                                                                                                                                                                                                    Sanchez, Linda
                                                for years. Over the last two decades,                                                             E.              Burton (IN)      Kind               T.
                                                                                                        Cassidy            Grimm
                                                                                                                                                Mack              Frank (MA)       Napolitano       Visclosky
                                                I’ve had a working group that I started                 Castor (FL)        Guinta
                                                                                                                                                                  Giffords         Nunnelee
                                                                                                        Chabot             Guthrie              Manzullo                                            Walsh (IL)
                                                with former Ways and Means Com-                                                                 Marchant          Granger          Paul             Wasserman
                                                                                                        Chaffetz           Gutierrez
                                                mittee Chairman Bill Archer, going all                  Coble              Hall                 Marino            Graves (MO)      Pence              Schultz
                                                the way up now to working with DAVE                                                             Matheson          Green, Gene      Perlmutter       Wilson (FL)
                                                                                                        Coffman (CO)       Hanabusa
rfrederick on DSK6VPTVN1PROD with HOUSE

                                                                                                                                                Matsui            Grijalva         Polis
                                                CAMP and KEVIN BRADY and WALLY                          Cole               Hanna
                                                                                                        Conaway            Harper               McCarthy (CA)
                                                HERGER and others. There have been                                                              McCaul
                                                many people who have been involved in
                                                                                                        Connolly (VA)      Harris
                                                                                                                                                                                      b 1900
                                                                                                        Cooper             Hartzler
                                                working with this. Democrats have                       Costa              Hastings (FL)        McCotter             Mr. CUMMINGS, Ms. TSONGAS, and
                                                                                                        Cravaack           Hastings (WA)        McDermott
                                                joined with our bipartisan trade work-                                                          McHenry
                                                                                                                                                                  Messrs. GARAMENDI, COHEN, and
                                                                                                        Crawford           Hayworth
                                                ing group because there are Democrats                   Crenshaw           Heck                 McKeon            CROWLEY changed their vote from
                                                and Republicans who want us to get                      Cuellar            Hensarling           McKinley          ‘‘yea’’ to ‘‘nay.’’

                                          VerDate Mar 15 2010   04:51 Oct 12, 2011   Jkt 019060   PO 00000   Frm 00045   Fmt 7634   Sfmt 0634    E:\CR\FM\A11OC7.030    H11OCPT1
                                                H6722                                              CONGRESSIONAL RECORD — HOUSE                                                              October 11, 2011
                                                   Ms. ZOE LOFGREN of California and                    MAN)   on which further proceedings                        Diaz-Balart        Kingston          Renacci
                                                                                                                                                                   Dold               Kinzinger (IL)    Ribble
                                                Messrs. DANIEL E. LUNGREN of Cali-                      were postponed and on which the noes                       Donnelly (IN)      Kline             Rigell
                                                fornia and SMITH of New Jersey                          prevailed by voice vote.                                   Dreier             Labrador          Rivera
                                                changed their vote from ‘‘nay’’ to                        The Clerk will redesignate the                           Duffy              Lamborn           Roby
                                                ‘‘yea.’’                                                amendment.                                                 Duncan (SC)        Lance             Roe (TN)
                                                                                                                                                                   Duncan (TN)        Landry            Rogers (AL)
                                                   So the resolution was agreed to.                       The Clerk redesignated the amend-                        Ellmers            Lankford          Rogers (KY)
                                                   The result of the vote was announced                 ment.                                                      Emerson            Latham            Rogers (MI)
                                                as above recorded.                                                        RECORDED VOTE
                                                                                                                                                                   Farenthold         LaTourette        Rohrabacher
                                                                                                                                                                   Fincher            Latta
                                                   A motion to reconsider was laid on                     The Acting CHAIR. A recorded vote                        Fitzpatrick        Lewis (CA)
                                                the table.                                                                                                                                              Rooney
                                                                                                        has been demanded.                                         Flake              Lipinski
                                                   Stated against:                                        A recorded vote was ordered.                             Fleischmann        LoBiondo
                                                   Mr. GENE GREEN of Texas. Mr. Speaker,                                                                           Fleming            Long
                                                                                                          The vote was taken by electronic de-                     Flores             Lucas             Ross (AR)
                                                on rollcall No. 771, had I been present, I              vice, and there were—ayes 164, noes 254,                   Forbes             Luetkemeyer       Ross (FL)
                                                would have voted ‘‘nay.’’                               not voting 15, as follows:                                 Fortenberry        Lummis            Royce
                                                                                                                                                                   Foxx               Lungren, Daniel   Runyan
                                                                 f                                                         [Roll No. 772]                                                               Ryan (WI)
                                                                                                                                                                   Franks (AZ)          E.
                                                EPA REGULATORY RELIEF ACT OF                                                AYES—164                               Frelinghuysen      Mack              Scalise
                                                                                                                                                                   Gallegly           Manzullo          Schilling
                                                                    2011                                Ackerman           Green, Al            Nadler                                                  Schmidt
                                                                                                                                                                   Gardner            Marchant
                                                                                                        Andrews            Grijalva             Neal                                                    Schock
                                                  The SPEAKER pro tempore (Mr.                          Baca               Gutierrez            Olver
                                                                                                                                                                   Garrett            Marino
                                                                                                                                                                   Gerlach            Matheson          Schweikert
                                                LATOURETTE). Pursuant to House Reso-                    Baldwin            Hahn                 Pallone                                                 Scott (SC)
                                                                                                                                                                   Gibbs              McCarthy (CA)
                                                lution 419 and rule XVIII, the Chair de-                Bass (CA)          Hanabusa             Pascrell           Gingrey (GA)       McCaul            Scott, Austin
                                                clares the House in the Committee of                    Becerra            Hastings (FL)        Pastor (AZ)                                             Sensenbrenner
                                                                                                                                                                   Gohmert            McClintock
                                                                                                        Berkley            Heinrich             Payne
                                                the Whole House on the state of the                                                                                Gonzalez           McCotter          Sessions
                                                                                                        Berman             Higgins              Pelosi             Goodlatte          McHenry           Shimkus
                                                Union for the further consideration of                  Bishop (NY)        Himes                Perlmutter         Gosar              McKeon            Shuler
                                                the bill, H.R. 2250.                                    Blumenauer         Hinchey              Peters             Gowdy              McKinley          Shuster
                                                                                                        Boswell            Hirono               Pingree (ME)       Granger            McMorris
                                                                      b 1900                            Brady (PA)         Hochul               Price (NC)         Graves (GA)          Rodgers
                                                                                                        Braley (IA)        Holden               Quigley                                                 Smith (NE)
                                                       IN THE COMMITTEE OF THE WHOLE                                                                               Green, Gene        Meehan            Smith (NJ)
                                                                                                        Capps              Holt                 Rahall             Griffin (AR)       Mica              Smith (TX)
                                                  Accordingly, the House resolved                       Capuano            Honda                Rangel             Griffith (VA)      Michaud
                                                                                                        Carnahan           Hoyer                Reyes                                                   Southerland
                                                itself into the Committee of the Whole                                                                             Grimm              Miller (FL)       Stearns
                                                                                                        Carney             Inslee               Richardson
                                                House on the state of the Union for the                                                                            Guinta             Miller (MI)       Stivers
                                                                                                        Carson (IN)        Israel               Richmond           Guthrie            Miller, Gary
                                                further consideration of the bill (H.R.                 Castor (FL)        Jackson (IL)         Rothman (NJ)       Hall               Mulvaney
                                                                                                        Chu                Jackson Lee          Roybal-Allard                                           Sullivan
                                                2250) to provide additional time for the                                                                           Hanna              Murphy (PA)
                                                                                                        Cicilline            (TX)               Ruppersberger                                           Terry
                                                Administrator of the Environmental                      Clarke (MI)        Johnson (GA)         Rush
                                                                                                                                                                   Harper             Myrick            Thompson (PA)
                                                Protection Agency to issue achievable                                                                              Harris             Neugebauer
                                                                                                        Clarke (NY)        Johnson (IL)         Ryan (OH)                                               Thornberry
                                                                                                                                                                   Hartzler           Noem
                                                standards for industrial, commercial,                   Clay               Johnson, E. B.       Sanchez, Loretta   Hastings (WA)      Nugent
                                                                                                        Cleaver            Kaptur               Sarbanes                                                Tipton
                                                and institutional boilers, process heat-                                                                           Hayworth           Nunes
                                                                                                        Clyburn            Keating              Schakowsky                                              Turner (NY)
                                                ers, and incinerators, and for other                                                                               Heck               Olson
                                                                                                        Cohen              Kildee               Schiff                                                  Turner (OH)
                                                                                                                                                                   Hensarling         Owens
                                                purposes, with Mr. THORNBERRY (Act-                     Connolly (VA)      Kissell              Schrader           Herger             Palazzo           Upton
                                                ing Chair) in the chair.                                Conyers            Kucinich             Schwartz                                                Walberg
                                                                                                                                                                   Herrera Beutler    Paulsen
                                                                                                        Cooper             Langevin             Scott (VA)                                              Walden
                                                  The Clerk read the title of the bill.                 Courtney           Larsen (WA)          Scott, David
                                                                                                                                                                   Huelskamp          Pearce
                                                                                                                                                                   Huizenga (MI)      Pence             Webster
                                                  The Acting CHAIR. When the Com-                       Critz              Larson (CT)          Serrano                                                 West
                                                                                                                                                                   Hultgren           Peterson
                                                mittee of the Whole rose earlier today,                 Crowley            Lee (CA)             Sewell             Hunter             Petri             Westmoreland
                                                a request for a recorded vote on amend-                 Cummings           Levin                Sherman                                                 Whitfield
                                                                                                                                                                   Hurt               Pitts
                                                                                                        Davis (CA)         Lewis (GA)           Sires                                                   Wilson (SC)
                                                ment No. 3 printed in the CONGRES-                      Davis (IL)         Loebsack             Slaughter
                                                                                                                                                                   Issa               Platts
                                                                                                                                                                   Jenkins            Poe (TX)          Wittman
                                                SIONAL RECORD by the gentlewoman                        DeFazio            Lofgren, Zoe         Smith (WA)                                              Wolf
                                                                                                                                                                   Johnson (OH)       Pompeo
                                                from Texas (Ms. JACKSON LEE) had been                   DeGette            Lowey                Speier             Johnson, Sam       Posey             Womack
                                                                                                        DeLauro                ´
                                                                                                                           Lujan                Stark
                                                postponed.                                              Deutch             Lynch                Sutton
                                                                                                                                                                   Jones              Price (GA)        Woodall
                                                  Pursuant to clause 6 of rule XVIII,                                                                              Jordan             Quayle            Yoder
                                                                                                        Dicks              Maloney              Thompson (CA)                                           Young (AK)
                                                                                                                                                                   Kelly              Reed
                                                proceedings will now resume on those                    Dingell            Markey               Thompson (MS)      King (IA)          Rehberg           Young (FL)
                                                amendments printed in the CONGRES-                      Doggett            Matsui               Tierney            King (NY)          Reichert          Young (IN)
                                                                                                        Doyle              McCarthy (NY)        Tonko
                                                SIONAL RECORD on which further pro-                     Edwards            McCollum             Towns                                NOT VOTING—15
                                                ceedings were postponed, in the fol-                    Ellison            McDermott            Tsongas
                                                                                                                                                                   Bachmann           Napolitano        Visclosky
                                                lowing order:                                           Engel              McGovern             Van Hollen
                                                                                                                                                                   Brown (FL)         Nunnelee          Walsh (IL)
                                                                                                        Eshoo              McIntyre                 ´
                                                  Amendment No. 11 by Mr. WAXMAN of                                                                                Giffords           Paul              Wasserman
                                                                                                        Farr               McNerney             Walz (MN)
                                                California.                                             Fattah             Meeks                Waters
                                                                                                                                                                   Graves (MO)        Polis               Schultz
                                                                                                                                                                   Hinojosa            ´
                                                                                                                                                                                      Sanchez, Linda
                                                  Amendment No. 18 by Mr. CONNOLLY                      Filner             Miller (NC)          Watt                                                    Wilson (FL)
                                                                                                                                                                   Kind                 T.
                                                of Virginia.                                            Frank (MA)         Miller, George       Waxman
                                                                                                        Fudge              Moore                Welch
                                                  Amendment No. 7 by Mr. MARKEY of
                                                                                                        Garamendi          Moran                Woolsey                               b 1919
                                                                                                        Gibson             Murphy (CT)          Yarmuth
                                                  Amendment No. 2 by Ms. EDWARDS of                                                                                  Mr. BARTLETT changed his vote
                                                Maryland.                                                                                                          from ‘‘aye’’ to ‘‘no.’’
                                                                                                        Adams              Black                Cardoza
                                                  Amendment No. 1 by Ms. SCHA-                          Aderholt           Blackburn            Carter
                                                                                                                                                                     So the amendment was rejected.
                                                KOWSKY of Illinois.                                     Akin               Bonner               Cassidy              The result of the vote was announced
                                                  Amendment No. 12 by Mr. ELLISON of                    Alexander          Bono Mack            Chabot             as above recorded.
                                                Minnesota.                                              Altmire            Boren                Chaffetz
                                                                                                                                                                   AMENDMENT NO. 18 OFFERED BY MR. CONNOLLY
                                                                                                        Amash              Boustany             Chandler
                                                  Amendment No. 19 by Mr. WELCH of                      Amodei             Brady (TX)           Coble                            OF VIRGINIA
                                                Vermont.                                                Austria            Brooks               Coffman (CO)         The Acting CHAIR. The unfinished
                                                  Amendment No. 3 by Ms. JACKSON                        Bachus             Broun (GA)           Cole               business is the demand for a recorded
                                                                                                        Barletta           Buchanan             Conaway
                                                LEE of Texas.                                           Barrow             Bucshon              Costa              vote on the amendment offered by the
                                                  The Chair will reduce to 2 minutes                    Bartlett           Buerkle              Costello           gentleman from Virginia (Mr. CON-
rfrederick on DSK6VPTVN1PROD with HOUSE

                                                the time for any electronic vote after                  Barton (TX)        Burgess              Cravaack           NOLLY) on which further proceedings
                                                the first vote in this series.                          Bass (NH)          Burton (IN)          Crawford
                                                                                                        Benishek           Butterfield          Crenshaw
                                                                                                                                                                   were postponed and on which the noes
                                                 AMENDMENT NO. 11 OFFERED BY MR. WAXMAN                 Berg               Calvert              Cuellar            prevailed by voice vote.
                                                  The Acting CHAIR. The unfinished                      Biggert            Camp                 Culberson            The Clerk will redesignate the
                                                business is the demand for a recorded                   Bilbray            Campbell             Davis (KY)         amendment.
                                                                                                        Bilirakis          Canseco              Denham
                                                vote on the amendment offered by the                    Bishop (GA)        Cantor               Dent                 The Clerk redesignated the amend-
                                                gentleman from California (Mr. WAX-                     Bishop (UT)        Capito               DesJarlais         ment.

                                          VerDate Mar 15 2010   06:42 Oct 12, 2011   Jkt 019060   PO 00000   Frm 00046   Fmt 7634   Sfmt 0634    E:\CR\FM\K11OC7.111    H11OCPT1
                                                October 11, 2011                                     CONGRESSIONAL RECORD — HOUSE                                                                       H6723
                                                                 RECORDED VOTE                          Flores              Lewis (CA)           Rivera                            [Roll No. 774]
                                                                                                        Forbes              Lipinski             Roby
                                                  The Acting CHAIR. A recorded vote                     Fortenberry         LoBiondo             Roe (TN)                           AYES—166
                                                has been demanded.                                      Foxx                Long                 Rogers (AL)     Andrews           Gibson           Moran
                                                  A recorded vote was ordered.                          Franks (AZ)         Lucas                Rogers (KY)     Baca              Gonzalez         Murphy (CT)
                                                                                                        Frelinghuysen       Luetkemeyer          Rogers (MI)     Baldwin           Green, Al        Nadler
                                                  The Acting CHAIR. This is a 2-                        Gallegly            Lummis               Rohrabacher     Bass (CA)         Green, Gene      Neal
                                                minute vote.                                            Gardner             Lungren, Daniel      Rokita          Becerra           Grijalva         Olver
                                                  The vote was taken by electronic de-                  Garrett               E.                 Rooney          Berkley           Gutierrez        Pallone
                                                                                                        Gerlach             Mack                 Ros-Lehtinen    Berman            Hahn
                                                vice, and there were—ayes 168, noes 250,                                                                                                            Pascrell
                                                                                                        Gibbs               Manzullo             Roskam          Bishop (GA)       Hanabusa         Pastor (AZ)
                                                not voting 15, as follows:                              Gingrey (GA)        Marchant             Ross (AR)       Bishop (NY)       Hastings (FL)    Payne
                                                                                                        Gohmert             Marino               Ross (FL)       Blumenauer        Heinrich
                                                                  [Roll No. 773]                        Goodlatte           Matheson             Royce
                                                                                                                                                                 Boswell           Higgins          Peters
                                                                    AYES—168                            Gosar               McCarthy (CA)        Runyan          Brady (PA)        Himes
                                                                                                        Gowdy               McCaul               Ryan (WI)                                          Pingree (ME)
                                                Ackerman          Gibson             Murphy (CT)                                                                 Braley (IA)       Hinchey          Price (NC)
                                                                                                        Granger             McClintock           Scalise         Capps             Hirono
                                                Andrews           Gonzalez           Nadler                                                                                                         Quigley
                                                                                                        Graves (GA)         McCotter             Schilling       Capuano           Hochul
                                                Baca              Green, Al          Neal                                                                                                           Rangel
                                                                                                        Griffin (AR)        McHenry              Schmidt         Carnahan          Holden
                                                Baldwin           Green, Gene        Olver                                                                                                          Reyes
                                                                                                        Griffith (VA)       McKeon               Schock          Carney            Holt
                                                Bass (CA)         Grijalva           Pallone                                                                                                        Richardson
                                                                                                        Grimm               McKinley             Schweikert      Carson (IN)       Honda
                                                Becerra           Gutierrez          Pascrell                                                                                                       Richmond
                                                                                                        Guinta              McMorris             Scott (SC)      Castor (FL)       Hoyer
                                                Berkley           Hahn               Pastor (AZ)                                                                                                    Rothman (NJ)
                                                                                                        Guthrie               Rodgers            Scott, Austin   Chandler          Inslee
                                                Berman            Hanabusa           Payne                                                                                                          Roybal-Allard
                                                                                                        Hall                Meehan               Sensenbrenner   Chu               Israel
                                                Bishop (GA)       Hastings (FL)      Pelosi                                                                                                         Ruppersberger
                                                                                                        Hanna               Mica                 Sessions        Cicilline         Jackson (IL)
                                                Bishop (NY)       Heinrich           Peters                                                                                                         Rush
                                                                                                        Harper              Michaud              Shimkus         Clarke (MI)       Jackson Lee
                                                Blumenauer        Higgins                                                                                                                           Ryan (OH)
                                                                                     Pingree (ME)       Harris              Miller (FL)          Shuster         Clarke (NY)         (TX)
                                                Boswell           Himes                                                                                                                             Sanchez, Loretta
                                                                                     Price (NC)         Hartzler            Miller (MI)          Simpson         Clay              Johnson (GA)
                                                Brady (PA)        Hinchey                                                                                                                           Sarbanes
                                                                                     Quigley            Hastings (WA)       Miller, Gary         Smith (NE)      Cleaver           Johnson, E. B.
                                                Braley (IA)       Hirono                                                                                                                            Schakowsky
                                                                                     Rangel             Hayworth            Mulvaney             Smith (NJ)      Clyburn           Jones
                                                Capps             Hochul                                                                                                                            Schiff
                                                                                     Reyes              Heck                Murphy (PA)          Smith (TX)      Cohen             Kaptur
                                                Capuano           Holden
                                                                                     Richardson         Hensarling          Myrick               Southerland     Connolly (VA)     Keating          Schwartz
                                                Carnahan          Holt
                                                                                     Richmond           Herger              Neugebauer           Stearns         Conyers           Kildee           Scott (VA)
                                                Carney            Honda
                                                                                     Rothman (NJ)       Herrera Beutler     Noem                 Stivers         Cooper            Kissell          Scott, David
                                                Carson (IN)       Hoyer
                                                                                     Roybal-Allard      Huelskamp           Nugent               Stutzman        Costello          Kucinich         Serrano
                                                Castor (FL)       Inslee
                                                                                     Ruppersberger      Huizenga (MI)       Nunes                Sullivan        Courtney          Langevin         Sewell
                                                Chandler          Israel
                                                                                     Rush               Hultgren            Olson                Terry           Crowley           Larsen (WA)      Sherman
                                                Chu               Jackson (IL)
                                                                                     Ryan (OH)          Hunter              Owens                Thompson (PA)   Cuellar           Larson (CT)      Shuler
                                                Cicilline         Jackson Lee
                                                                                     Sanchez, Loretta   Hurt                Palazzo              Thornberry      Cummings          Lee (CA)         Sires
                                                Clarke (MI)         (TX)
                                                                                                        Issa                Paulsen              Tiberi          Davis (CA)        Levin            Slaughter
                                                Clarke (NY)       Johnson (GA)       Sarbanes
                                                                                                        Jenkins             Pearce               Tipton          Davis (IL)        Lewis (GA)       Smith (WA)
                                                Clay              Johnson, E. B.     Schakowsky
                                                                                                        Johnson (IL)        Pence                Turner (NY)     DeFazio           Loebsack         Speier
                                                Cleaver           Jones              Schiff
                                                                                                        Johnson (OH)        Perlmutter           Turner (OH)     DeGette           Lofgren, Zoe     Stark
                                                Clyburn           Kaptur             Schrader           Johnson, Sam        Peterson             Upton           DeLauro           Lowey            Sutton
                                                Cohen             Keating            Schwartz           Jordan              Petri                Walberg         Deutch                ´
                                                                                                                                                                                   Lujan            Thompson (CA)
                                                Connolly (VA)     Kildee             Scott (VA)         Kelly               Pitts                Walden          Dicks             Lynch            Thompson (MS)
                                                Conyers           Kissell            Scott, David       King (IA)           Platts               Webster         Dingell           Maloney          Tierney
                                                Cooper            Kucinich           Serrano            King (NY)           Poe (TX)             West            Doggett           Markey           Tonko
                                                Costello          Langevin           Sewell             Kingston            Pompeo               Westmoreland    Doyle             Matsui           Towns
                                                Courtney          Larsen (WA)        Sherman            Kinzinger (IL)      Posey                Whitfield       Edwards           McCarthy (NY)    Tsongas
                                                Crowley           Larson (CT)        Shuler             Kline               Price (GA)           Wilson (SC)     Ellison           McCollum         Van Hollen
                                                Cuellar           Lee (CA)
                                                                                     Sires              Labrador            Quayle               Wittman         Engel             McDermott            ´
                                                Cummings          Levin
                                                                                     Slaughter          Lamborn             Rahall               Wolf            Eshoo             McGovern         Walz (MN)
                                                Davis (CA)        Lewis (GA)
                                                                                     Smith (WA)         Lance               Reed                 Womack          Farr              McIntyre         Waters
                                                Davis (IL)        Loebsack
                                                                                     Speier             Landry              Rehberg              Woodall         Fattah            McNerney         Watt
                                                DeFazio           Lofgren, Zoe
                                                                                     Stark              Lankford            Reichert             Yoder           Filner            Meeks            Waxman
                                                DeGette           Lowey
                                                                      ´              Sutton             Latham              Renacci              Young (AK)      Frank (MA)        Miller (NC)      Welch
                                                DeLauro           Lujan
                                                                                     Thompson (CA)      LaTourette          Ribble               Young (FL)      Fudge             Miller, George   Woolsey
                                                Deutch            Lynch
                                                                                     Thompson (MS)      Latta               Rigell               Young (IN)      Garamendi         Moore            Yarmuth
                                                Dicks             Maloney
                                                Dingell           Markey             Tierney
                                                                                                                          NOT VOTING—15
                                                Doggett           Matsui             Tonko                                                                                           NOES—252
                                                                                     Towns              Bachmann            Napolitano           Visclosky
                                                Doyle             McCarthy (NY)                                                                                  Ackerman          Campbell         Flores
                                                                                     Tsongas            Brown (FL)          Nunnelee             Walsh (IL)
                                                Edwards           McCollum                                                                                       Adams             Canseco          Forbes
                                                                                     Van Hollen         Giffords            Paul                 Wasserman
                                                Ellison           McDermott                                                                                      Aderholt          Cantor           Fortenberry
                                                                                     Velazquez          Graves (MO)         Polis                  Schultz
                                                Engel             McGovern                                                                                       Akin              Capito           Foxx
                                                                                     Walz (MN)          Hinojosa             ´
                                                                                                                            Sanchez, Linda       Wilson (FL)
                                                Eshoo             McIntyre                                                                                       Alexander         Cardoza          Franks (AZ)
                                                                                     Waters             Kind                  T.
                                                Farr              McNerney                                                                                       Altmire           Carter           Frelinghuysen
                                                Fattah            Meeks              Watt
                                                                                                                         b 1923                                  Amash             Cassidy          Gallegly
                                                Filner            Miller (NC)        Waxman                                                                      Amodei            Chabot           Gardner
                                                Frank (MA)        Miller, George     Welch                So the amendment was rejected.                         Austria           Chaffetz         Garrett
                                                Fudge             Moore              Woolsey              The result of the vote was announced                   Bachus            Coble            Gerlach
                                                Garamendi         Moran              Yarmuth
                                                                                                        as above recorded.                                       Barletta          Coffman (CO)     Gibbs
                                                                                                                                                                 Barrow            Cole             Gingrey (GA)
                                                                    NOES—250                                 AMENDMENT NO. 7 OFFERED BY MR. MARKEY
                                                                                                                                                                 Bartlett          Conaway          Gohmert
                                                Adams             Boustany           Costa                The Acting CHAIR. The unfinished                       Barton (TX)       Costa            Goodlatte
                                                Aderholt          Brady (TX)         Cravaack           business is the demand for a recorded                    Bass (NH)         Cravaack         Gosar
                                                Akin              Brooks             Crawford                                                                    Benishek          Crawford         Gowdy
                                                Alexander         Broun (GA)         Crenshaw
                                                                                                        vote on the amendment offered by the                     Berg              Crenshaw         Granger
                                                Altmire           Buchanan           Critz              gentleman from Massachusetts (Mr.                        Biggert           Critz            Graves (GA)
                                                Amash             Bucshon            Culberson          MARKEY) on which further proceedings                     Bilbray           Culberson        Griffin (AR)
                                                Amodei            Buerkle            Davis (KY)         were postponed and on which the noes                     Bilirakis         Davis (KY)       Griffith (VA)
                                                Austria           Burgess            Denham                                                                      Bishop (UT)       Denham           Grimm
                                                Bachus            Burton (IN)        Dent               prevailed by voice vote.                                 Black             Dent             Guinta
                                                Barletta          Butterfield        DesJarlais           The Clerk will redesignate the                         Blackburn         DesJarlais       Guthrie
                                                Barrow            Calvert            Diaz-Balart        amendment.                                               Bonner            Diaz-Balart      Hall
                                                Bartlett          Camp               Dold                 The Clerk redesignated the amend-                      Bono Mack         Dold             Hanna
                                                Barton (TX)       Campbell           Donnelly (IN)                                                               Boren             Donnelly (IN)    Harper
                                                Bass (NH)         Canseco            Dreier
                                                                                                        ment.                                                    Boustany          Dreier           Harris
                                                Benishek          Cantor             Duffy                                 RECORDED VOTE                         Brady (TX)        Duffy            Hartzler
                                                Berg              Capito             Duncan (SC)          The Acting CHAIR. A recorded vote                      Brooks            Duncan (SC)      Hastings (WA)
rfrederick on DSK6VPTVN1PROD with HOUSE

                                                Biggert           Cardoza            Duncan (TN)                                                                 Broun (GA)        Duncan (TN)      Hayworth
                                                Bilbray           Carter             Ellmers
                                                                                                        has been demanded.                                       Buchanan          Ellmers          Heck
                                                Bilirakis         Cassidy            Emerson              A recorded vote was ordered.                           Bucshon           Emerson          Hensarling
                                                Bishop (UT)       Chabot             Farenthold           The Acting CHAIR. This is a 2-                         Buerkle           Farenthold       Herger
                                                Black             Chaffetz           Fincher            minute vote.                                             Burgess           Fincher          Herrera Beutler
                                                Blackburn         Coble              Fitzpatrick          The vote was taken by electronic de-                   Burton (IN)       Fitzpatrick      Huelskamp
                                                Bonner            Coffman (CO)       Flake                                                                       Butterfield       Flake            Huizenga (MI)
                                                Bono Mack         Cole               Fleischmann        vice, and there were—ayes 166, noes 252,                 Calvert           Fleischmann      Hultgren
                                                Boren             Conaway            Fleming            not voting 15, as follows:                               Camp              Fleming          Hunter

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                                                H6724                                                 CONGRESSIONAL RECORD — HOUSE                                                            October 11, 2011
                                                Hurt                Miller (FL)        Runyan              Clarke (NY)        Hoyer                Peters             Manzullo         Poe (TX)         Sessions
                                                Issa                Miller (MI)        Ryan (WI)           Clay               Inslee               Pingree (ME)       Marchant         Pompeo           Shimkus
                                                Jenkins             Miller, Gary       Scalise             Cleaver            Israel               Price (NC)         Marino           Posey            Shuster
                                                Johnson (IL)        Mulvaney           Schilling           Clyburn            Jackson (IL)         Quigley            Matheson         Price (GA)       Simpson
                                                Johnson (OH)        Murphy (PA)        Schmidt             Cohen              Jackson Lee          Rangel             McCarthy (CA)    Quayle           Smith (NE)
                                                Johnson, Sam        Myrick             Schock              Connolly (VA)        (TX)               Reyes              McCaul           Rahall           Smith (NJ)
                                                Jordan              Neugebauer         Schrader            Conyers            Johnson (GA)         Richardson         McClintock       Reed             Smith (TX)
                                                Kelly               Noem               Schweikert          Cooper             Johnson, E. B.       Richmond           McCotter         Rehberg          Southerland
                                                King (IA)           Nugent             Scott (SC)          Courtney           Kaptur               Rothman (NJ)       McHenry          Reichert
                                                King (NY)           Nunes              Scott, Austin       Crowley            Keating              Roybal-Allard      McIntyre         Renacci
                                                Kingston            Olson              Sensenbrenner       Cuellar            Kildee               Ruppersberger      McKeon           Ribble
                                                Kinzinger (IL)      Owens                                                                                             McKinley         Rigell           Stutzman
                                                                                       Sessions            Cummings           Kucinich             Rush
                                                Kline               Palazzo                                Davis (CA)         Langevin                                McMorris         Rivera           Sullivan
                                                                                       Shimkus                                                     Ryan (OH)                                            Terry
                                                Labrador            Paulsen            Shuster             Davis (IL)         Larsen (WA)          Sanchez, Loretta     Rodgers        Roby
                                                Lamborn             Pearce                                 DeFazio            Larson (CT)                             Meehan           Roe (TN)         Thompson (PA)
                                                                                       Simpson                                                     Sarbanes                                             Thornberry
                                                Lance               Pence                                  DeGette            Lee (CA)                                Mica             Rogers (AL)
                                                                                       Smith (NE)                                                  Schakowsky
                                                Landry              Perlmutter                             DeLauro            Levin                                   Michaud          Rogers (KY)      Tiberi
                                                                                       Smith (NJ)                                                  Schiff
                                                Lankford            Peterson                               Deutch             Lewis (GA)                              Miller (FL)      Rogers (MI)      Tipton
                                                                                       Smith (TX)                                                  Schwartz
                                                Latham              Petri                                  Dicks              Loebsack                                Miller (MI)      Rohrabacher      Turner (NY)
                                                                                       Southerland                                                 Scott (VA)
                                                LaTourette          Pitts                                  Dingell            Lofgren, Zoe                            Miller, Gary     Rokita           Turner (OH)
                                                                                       Stearns                                                     Scott, David
                                                Latta               Platts                                 Doggett            Lowey                                   Mulvaney         Rooney           Upton
                                                Lewis (CA)                             Stivers                                    ´                Serrano
                                                                    Poe (TX)                               Doyle              Lujan                                   Murphy (PA)      Ros-Lehtinen     Walberg
                                                Lipinski            Pompeo             Stutzman                                                    Sewell             Myrick           Roskam
                                                                                                           Edwards            Lynch                                                                     Walden
                                                LoBiondo            Posey              Sullivan            Ellison            Maloney              Sherman            Neugebauer       Ross (AR)
                                                                                       Terry                                                       Shuler                                               Webster
                                                Long                Price (GA)                             Engel              Markey                                  Noem             Ross (FL)        West
                                                Lucas               Quayle             Thompson (PA)       Eshoo              Matsui               Sires              Nugent           Royce
                                                                                       Thornberry                                                  Slaughter                                            Westmoreland
                                                Luetkemeyer         Rahall                                 Farr               McCarthy (NY)                           Nunes            Runyan
                                                                                       Tiberi                                                      Smith (WA)                                           Whitfield
                                                Lummis              Reed                                   Fattah             McCollum                                Olson            Ryan (WI)
                                                                                       Tipton                                                      Speier                                               Wilson (SC)
                                                Lungren, Daniel     Rehberg                                Filner             McDermott                               Owens            Scalise
                                                                                       Turner (NY)                                                 Stark                                                Wittman
                                                  E.                Reichert                               Frank (MA)         McGovern                                Palazzo          Schilling
                                                Mack                Renacci            Turner (OH)                                                 Sutton             Paulsen          Schmidt          Wolf
                                                                                                           Fudge              McNerney
                                                Manzullo            Ribble             Upton               Garamendi          Meeks                Thompson (CA)      Pearce           Schock           Womack
                                                Marchant            Rigell             Walberg             Green, Al          Miller (NC)          Thompson (MS)      Pence            Schrader         Woodall
                                                Marino              Rivera             Walden              Grijalva           Miller, George       Tierney            Peterson         Schweikert       Yoder
                                                Matheson            Roby               Webster             Gutierrez          Moore                Tonko              Petri            Scott (SC)       Young (AK)
                                                McCarthy (CA)       Roe (TN)           West                Hahn               Moran                Towns              Pitts            Scott, Austin    Young (FL)
                                                McCaul              Rogers (AL)        Westmoreland        Hanabusa           Murphy (CT)          Tsongas            Platts           Sensenbrenner    Young (IN)
                                                McClintock          Rogers (KY)        Whitfield           Hastings (FL)      Nadler               Van Hollen
                                                McCotter            Rogers (MI)        Wilson (SC)         Heinrich           Neal                     ´
                                                                                                                                                   Velazquez                          NOT VOTING—16
                                                McHenry             Rohrabacher        Wittman             Higgins            Olver                Walz (MN)          Bachmann         Napolitano       Walsh (IL)
                                                McKeon              Rokita             Wolf                Himes              Pallone              Waters             Brown (FL)       Nunnelee         Wasserman
                                                McKinley            Rooney             Womack              Hinchey            Pascrell             Watt               Franks (AZ)      Paul              Schultz
                                                McMorris            Ros-Lehtinen       Woodall             Hirono             Pastor (AZ)          Waxman             Giffords         Polis            Wilson (FL)
                                                  Rodgers           Roskam             Yoder               Hochul             Payne                Welch              Graves (MO)       ´
                                                                                                                                                                                       Sanchez, Linda
                                                Meehan              Ross (AR)          Young (AK)          Holt               Pelosi               Woolsey            Hinojosa           T.
                                                Mica                Ross (FL)          Young (FL)          Honda              Perlmutter           Yarmuth