Floor Statements

Mr. Chairman, I thank the gentleman, and I rise in support of the amendment. Why? Because it states that if any fishery-related or agricultural job is lost as a result of this act, the bill will not be enacted. And I think that really sets down where we are.

We need jobs in this country and not job-killing legislation. Now this legislation would undo years of negotiations reached by the State of California, local ranchers, farmers, and other users of water from the San Joaquin River. It would set up a new round of water wars, which means more employment for lawyers but not much for anyone else.

My congressional district, which includes Silicon Valley and the fishing community of Half Moon Bay, is not in the delta, but my constituents oppose this legislation because their communities, their livelihoods, their resources will also be negatively affected by this bill.

Now listen to what the Silicon Valley Leadership Group says, over 350 major companies in Silicon Valley:

We believe that H.R. 1837 would be counterproductive to the

development of a comprehensive solution to the Golden State's

water programs as it overrides many existing regulations and

laws concerning the delta ecosystem and undermines years of

collaboration and goodwill developed by a broad coalition of

actors and experts.

And this mention of broad coalition, it's why this bill stinks, in plain English, because there's not a coalition. You have to build from the ground up with the stakeholders. That's why there's such a problem with it.

Listen to what the Pacific Coast Federation of Fishermen's Associations says, and they're the largest commercial fishermen association along the Pacific coast:

Make no mistake, this bill will only preempt State law; it

will destroy jobs. One of the west coast's oldest industries,

our salmon fishery, along with the fishing communities and

the economy and heritage it represents, is threatened with

extinction by this audacious bill.

We need to protect our citizens from further economic hardships by defending American jobs and enacting legislation that will help, not harm.

For these reasons, I urge my colleagues to vote for Representative Thompson's amendment.

Mr. Speaker, as the Ranking Member of the Subcommittee on Communications and Technology, I want to provide an explanation of a key provision in the spectrum title of H.R. 3630, the recently enacted Middle Class Tax Relief and Job Creation Act of 2012, which promotes competition and ensures a vibrant wireless marketplace.

Section 6404 enables participation in a spectrum auction if a person ``complies with all the auction procedures and other requirements to protect the auction process established by the Commission'' and ``meets the technical, financial, character, and citizenship qualifications that the Commission may require under section 303(1)(1), 308(b), or 310'' of the Communications Act, or would meet those qualifications by means approved by the Commission prior to the grant of the license.

A similar provision was included in the version of H.R. 3630 passed by the House in December, however, the Conferees made three important modifications. First, they added the requirement that an auction participation must comply with ``auction procedures and other requirements to protect the auction process.'' This ensures that the FCC can ensure the integrity of each auction.

Second, they added a requirement to ensure the FCC has the authority to design auction rules, such as divestiture plans, and require a winning bidder's compliance prior to the grant of the license.

Third, and importantly, the Conferees added language stating that none of the limitations on the FCC's ability to prevent a person from participating in an auction ``affects any authority the Commission has to adopt and enforce rules of general applicability, including rules concerning spectrum aggregation that promote competition.'' This provision is critical to ensuring that the FCC can meet its statutory obligation to ensure competition in the wireless marketplace by avoiding an excessive concentration of licenses through auction- specific rules.

I'm pleased the Conferees saw fit to balance the original House language with this savings clause. As Americans increasingly depend on wireless services for both voice and data, this legislation makes substantial new spectrum available for auction and ensures that the FCC--by rulemaking--can adopt rules enhancing competition, consumer choice and innovation.

Mr. Speaker, February 27th marks the 24th anniversary of a violent and horrific attack against Azerbaijani citizens of Armenian descent. The 1988 attacks began in the town of Sumgait in Soviet Azerbaijan. Dozens of Armenians were killed, and hundreds more were wounded. During what even the Soviet government officially described as a ``pogrom''--an organized massacre of helpless people--Armenian women and children were raped, and people were set on fire and beaten to death, all while police stood by.

Tragically, the events in Sumgait presaged further pogroms in Kirovabad in November of 1988 and Baku in January of 1990. This violence initiated a broader attack against Azerbaijan's Armenian population, resulting in thousands of deaths. The conflict persists today, and the Azeri military blockade of the Nagorno-Karabakh Republic and other aggression sadly continues.

For me, it is also a very personal remembrance. My own family fled the slaughter of the Armenian Genocide under the Ottomans, and when we learned of the massacres against Armenians in 1988, we saw history repeating itself. These vicious acts of murder targeted at ethnic groups, must be forcefully condemned whenever and wherever we see them. Yet 96 years after the slaughter of Armenians, the U.S. House of Representatives has yet to officially recognize the Armenian genocide.

Without our recognition and our forceful condemnation, the cycle of violence will continue. Today, Christians and other minority groups are being driven from Iraq by extremists, and the once large and diverse ethnic communities are being eradicated. Without our attention and action by the world community, there will be no end to this senseless violence around the world.

Today, let us remember the Armenians who lost their lives in Azerbaijan in 1988, and pray that the world will finally take greater account of these atrocities and work together. Let us take up the work that our principles demand of us, standing united against ethnic violence, discrimination, extremism and brutality, wherever we find it.

Madam Speaker, I rise today as the ranking member of the Communications and Technology Subcommittee on this legislation because I think it's so important. It will define our Nation's ability to lead the world in wireless broadband deployment. It also will define how we finally provide our first responders with a nationwide interoperable broadband network.

This legislation will usher in more competition, enhance innovation, bolster the American economy, and very, very importantly, create jobs, good jobs.

I thank my colleagues on both sides of the aisle and the other Chamber for coming together to develop legislation that promotes the public interest and ensures a return on investment for the taxpayer by supporting unlicensed spectrum, a nationwide interoperable public safety broadband network, and provisions to ensure that our Nation's 911 call centers will have the modern tools needed to improve the quality and the speed of emergency response.

Incentive auctions will ensure that we have the world's leading wireless infrastructure, and the future for unlicensed innovation in the TV band is bright.

Public safety will have the tools to finally build out a critical nationwide interoperable broadband network and the inclusion of provisions to promote and fund Next Generation 911, which will enable the delivery of voice, text, photos, videos, and other data to 911 call centers.

Our country has been counting on us to make smart, bipartisan choices. I'm proud of what we've accomplished and what it represents for American entrepreneurship, competition, and ingenuity.

I thank my colleagues, and I urge them to support the legislation.

Mr. Speaker, I rise today to honor the life and work of a good friend and neighbor, and a highly respected member of our community, Howard M. Daschbach, Jr., who died on February 9, 2012, at the age of 87.

Howard was a man of deep and abiding faith. He was installed as a Knight of Malta in 1982, and a member of Saint Raymond's Church in Menlo Park, California, where he was seen daily, attending Mass. He had a special devotion to the Religious of the Sacred Heart who educated his children, and his Faith carried him through good times as well as difficult times.

Howard grew up in Pittsburgh, Pennsylvania, graduated from Duquesne University, and served his country proudly during World War II. He served with the Army in Europe, the Philippines and Japan, and then moved to California to attend Stanford Law School. Upon graduation, Howard embarked upon his lifelong career of serving the legal needs of hundreds of people.

Howard was a member of the Circus Club and the Serra Club. He was an avid tennis player, an ardent Giants fan and a winning dominos player.

Howard and his beloved wife of 59 years, Leonore, who survives him, were the proud and devoted parents of LeeLee and her husband Steve; Rooney and his wife Claire; Lisa and her husband Rory; Laura and her husband Mark; Mark and his wife Elizabeth; and Michele, who died on October 12, 2011, and her husband Patrick. He adored his 18 grandchildren and two great grand-daughters, and is also survived by his sister Jeanne and sister-in-law Joan.

Mr. Speaker, I ask my colleagues to join me in extending our sincere condolences to the family of Howard Daschbach Jr., and to all those who were privileged to know and love him. He was a wise and good man whom I was proud to call my friend and neighbor. Our country was blessed with his service, strengthened by his faith, and bettered by his devotion to his family, his community and his country.

Mr. Chairman, I have an amendment at the desk.

Last year, in the bipartisan pipeline safety bill that was signed into law, I worked with Chairman Upton to include language which requires the Pipeline and Hazardous Materials Safety Administration, which is called PHMSA, to complete a comprehensive review of hazardous liquid pipeline regulations. This review will determine whether the current regulations are sufficient to ensure the safety of pipelines used for the transportation of diluted bitumen or tar sands oil. Everyone agrees that this review makes sense. The House and the Senate both passed the pipeline safety bill without a single Member of Congress voting against it. What doesn't make sense is directing the Federal Energy Regulatory Commission to issue a permit for the Keystone XL pipeline before we know whether our safety standards are adequate.

Last year, Cynthia Quarterman, the Administrator of PHMSA, testified before the Energy and Commerce Committee, stating the agency had not done a study to analyze the risks associated with transporting diluted bitumen. We've heard concerns that pipelines carrying tar sands oil may pose greater safety risks and may be more corrosive than pipelines carrying conventional crude. According to a recent whistleblower who worked as a safety inspector for the first Keystone pipeline, he said:

This oil has the consistency of peanut butter and is

similar to sending heavy grit sandpaper down the steel pipe.

So we're not talking about a theoretical risk. In July 2010, a pipeline carrying tar sands oil ruptured near Marshall, Michigan. Over 800,000 gallons of oil spilled into the Talmadge Creek and then flowed into the Kalamazoo River. A year and a half after the spill, the cleanup continues and is expected to cost hundreds of millions of dollars. Oil tar sands, unlike conventional crude oil, sinks to the bottom of a river, making it especially difficult to clean up.

TransCanada's first Keystone pipeline doesn't really inspire confidence either. This is a brand-new, supposedly state-of-the-art pipeline. It was predicted to spill no more than once every 7 years; but in just a year and a half of operation, it's reported 14 separate oil spills. In North Dakota, over 21,000 gallons of tar sands oil have been spilled, and these spills are a warning to all of us that we need to get this right.

This is not a subject to be taken lightly. We've seen in my neck of the woods, in the northern part of the county where I live, in San Bruno, California, an explosion, natural-gas pipeline explosion that killed eight people. It injured dozens, and it destroyed 38 homes.

The Federal Government has been regulating pipelines since 1968, and we're still seeing explosions like the one in San Bruno, California. I think it's dangerous, Mr. Chairman, to move forward with a tar sands pipeline before we have the proper safety knowledge and procedures in place.

So my amendment is really quite simple. It requires the FERC, the Federal Energy Regulatory Commission, to review the results of the PHMSA study before issuing a permit for the Keystone XL pipeline. I think this review is important for the safety of Americans who will be living near this pipeline for decades to come and who rely on the rivers and the streams and the aquifers it will cross.

This approach makes sense. It's also far less costly to build pipelines correctly than to try to fix or replace a line that's already built.

For all of these reasons, I urge my colleagues to support my amendment.

I yield back the balance of my time.

Mr. Chairman, I demand a recorded vote.

Mr. Speaker, I rise today to honor the life and accomplishments of Patricia Cecile Dunn-Jahnke, known as Pattie Dunn. A former Chairwoman of Hewlett-Packard, she passed away on December 4, 2011, in Orinda, California, surrounded by her family. While her life was too short, her accomplishments were recognized and respected by colleagues across the country.

Pattie Dunn's life was a ``rags-to-riches'' story. Her parents were Las Vegas casino workers. Her father, a vaudeville actor, died of a heart attack when she was a teen, and her mother, a model, left the runway to raise the family's three children. Her childhood was not easy, but Pattie persevered, eventually working her way through college at the University of Oregon and the University of California at Berkeley.

Pattie was a journalist by training and harbored dreams of being the next great American reporter. But after graduation, she instead took a job as a secretary with Wells Fargo Investment Advisers. What she made of her ``accidental career'' is truly nothing short of extraordinary. She rose quickly through the ranks of her firm, now Barclays Global Investors, and held a myriad of titles, including Chief Operating Officer, Chief Investment Officer, and even Chief Executive Officer. Pattie broke the glass ceiling for women in investment banking.

Pattie then joined the Board of Hewlett-Packard. While her time there was not without rough patches, she will always be remembered as a courageous woman who typified the characteristics we hope to instill in our daughters. By the time she left, Pattie had risen to be its Chairwoman and helped right the ship at HP.

I will always remember Pattie's valiant personal struggle with cancer, and her fight to raise awareness of the disease. Perhaps a columnist remembering her summed up Pattie best--``She rose from modest circumstances to the pinnacle of global finance, earning a legion of admirers who revere her business acumen, her integrity, her philanthropy and her dedication to family.''

Mr. Speaker, I ask my colleagues to join me in extending our deepest condolences to Pattie Dunn's husband, Bill Jahnke; her children, Janai Brengman, Michelle Cox, and Michael Jahnke; siblings Paul Dunn and Debbie Lammers; ten grandchildren and many other family members. The world lost a giant in Pattie Dunn. How proud and grateful I am to have known her and to have called her my friend.

Mr. Speaker, I rise today to honor the life and extraordinary accomplishments of Evelyn Hausner Lauder, who passed away at her home in New York City on November 12, 2011. Evelyn was a loving wife and mother, a savvy business woman, a devoted philanthropist, and a noble citizen of our country who put the ``active'' in the word activist.

Evelyn Hausner married into one of America's most distinguished families, but her beginnings were humble. In 1936, Evelyn fled Nazi- occupied Europe with her parents, making their way to America and eventually settling in New York City. While attending Hunter College, Evelyn met her future husband, Leonard Lauder. In 1959, they married and worked together to help grow the Estee Lauder Company.

With only six products when she joined, Evelyn recalled that ``it was a baby company''--something to grow and nourish. Today, Estee Lauder stands as one of the most respected companies in the world. Evelyn herself created the Clinique product line and was an integral part of the fabric of the company.

Evelyn's real fame, however, was found in her role as an advocate for the one in eight women in the United States who develops breast cancer. Evelyn herself was a survivor. When she learned of her cancer diagnosis in 1989, she fought back--and won. She went on to personally help build the Evelyn H. Lauder Breast Center, founded the Breast Cancer Research Foundation, and launched the Pink Ribbon campaign. Evelyn's pink bows today are recognized symbols of hope for a cure for breast cancer, as does her lipstick Pink Ribbon.

I have always admired Evelyn's work from afar, and I have the honor and privilege of representing her son, Gary Lauder, her daughter-in- law, Laura Lauder, and grandchildren, Ellie and Josh, and having them as my dear friends.

Mr. Speaker, I ask my colleagues to join me in extending our deepest condolences to Evelyn Lauder's husband, Leonard Lauder; her children, William Lauder and Gary Lauder; her daughter-in-law, Laura Lauder; and her beloved grandchildren. Evelyn Lauder's life is instructive to all of us of the significance that one person can have for an entire nation . . . to literally insert an issue into the national dialogue and consciousness. As the poet wrote, ``and so she passed on, and all the trumpets sounded on the other side.''

Mr. Chair, H.R. 1633, the Farm Dust Regulation Prevention Act is another step by the Majority to roll back clean air and water laws, and this bill dishes out both injury and insult.

The injury: Republicans convinced farmers that the EPA was going to regulate farm dust (or nuisance dust), a made-up term, not based on scientific or medical evidence. The EPA has no plans to regulate farm dust. In fact, in October of this year, EPA Administrator Lisa Jackson confirmed that she does not plan to change current law regarding coarse particle emissions, so this bill is completely unnecessary.

The insult: What this bill does do is exempt particle emissions from a wide array of sources including mining operations, cement plants, gravel pits and coal processing plants. These sources emit arsenic, lead, and mercury among other harmful pollutants and these pollutants can cause very serious health problems, including decreased lung function, asthma attacks, respiratory diseases, and worse.

The Energy and Commerce Committee recently received a letter from a team of physicians and researchers at Johns Hopkins School of Public Health. The experts wrote that this legislation, ``does not account for current or future knowledge of health risks posed by rural particulate matter exposure, and rather enacts a permanent exemption of rural particulate matter from Clean Air Act regulation. This approach is not supported by the scientific evidence or good professional judgment, and is not scientifically defensible.''

This bill ignores science, creates harm, and insults farmers.

I urge my colleagues to oppose this bill.

I thank the ranking member of the committee.

Mr. Speaker, within this bill are provisions on spectrum that will define our Nation's ability to lead the world in wireless broadband deployment. It will also define how we will finally provide our first responders with a nationwide interoperable broadband network that the 9/11 Commission called for.

I appreciate Chairman Walden's work with the minority, including the agreement on authorizing voluntary incentive spectrum auctions, reallocating the D-block for public safety, and providing the initial funding for Next Generation 9-1-1.

I do have four concerns, and I want to point them out:

The first pertains to the treatment of unlicensed spectrum. Unlicensed spectrum has created an innovative space for entrepreneurs, enabling Wi-Fi, Bluetooth and thousands of other devices and services-- all meaning jobs. In fact, last month, the Consumer Federation of America released a new study which found the consumer benefits of unlicensed spectrum surpassing $50 billion, that's with a ``b,'' per year. Prohibiting the FCC, which is the expert agency, from using some of our Nation's best airwaves for unlicensed use, as the House language does, is simply foolhardy.

Secondly, I am very concerned about how the bill treats the spectrum public safety needs to create and manage a nationwide interoperable broadband network. The Republican bill, on the one hand, gives; but on the other hand, it takes away. This is not a solution, and I don't believe it's fair to public safety in our country.

Thirdly, the bill encourages the development of 50 separate networks instead of one nationwide network. Past experiences demonstrate that a state-based approach fails to achieve interoperability. I think it's going to cost money, and I don't think it's going to work.

Lastly, the provisions that restrict the FCC's ability to preserve competition and promote an open Internet simply do not belong in this legislation.

I think our country is counting on us to make smart and bipartisan choices, but I am sorry to say that I don't think this bill meets the standard. I do believe that the Senate accomplished these goals in S. 911. I believe we can too but not through this bill. So I urge opposition to it for the reasons I've stated.

Mr. Speaker, I was not present during the rollcall vote No. 875, on December 1, 2011.

On rollcall vote No. 875 I would have voted ``yes.''

Mr. Speaker, I rise today to pay tribute to the extraordinary life and work of the Honorable James E. Burch, known to all as `Jim', who died on Monday, November 28, 2011, at the age of 85.

Jim Burch was born on February 27, 1926, in Evanston, Illinois to a World War I veteran and a religious pacifist. He, his parents and two brothers moved to San Mateo, California in 1940. Jim graduated from San Mateo High School in 1943 and served in the U.S. Army until 1946.

He returned to civilian life and launched a very successful career in advertising, retiring in 1974 to serve his community as a volunteer. He co-founded San Francisco's Urban Coalition and was President of Palo Alto's Creative Initiative Foundation, which evolved into Beyond War and then into the Foundation for Global Community, organizations he volunteered with for 36 years. He gave so generously of his time and considerable talents to many other organizations, including the Boy Scouts, United Way, NAACP, and most recently he served on the Palo Alto Police Chiefs Advisory Committee, where his wise counsel earned the respect of the entire committee.

In 1999, Jim was elected to the Palo Alto City Council, and he was elected Mayor in 2005. At the age of 78, he was the City's oldest Mayor, but he served in the role with energy, enthusiasm and distinction. He was honored for his Lifetime of Achievement by Avenidas in 2011.

I was privileged to know and work with Jim Burch for many years. He was a friend, a mentor, and an inspiration to me. The memory of this strong and gentle, wise and funny, proud and humble man will live long after him, as will his countless contributions which have made our community better and our country stronger.

Jim's son, Bill, is quoted as saying ``My father led a life of giving to his family, of giving to his community, of giving to his city and giving to the world.'' His daughter, Barbara Lindsay, said ``He was the most giving person in terms of what he sought to do out in the world and his hometown.'' There can be no greater tributes than these from his beloved children.

I ask the entire House of Representatives to join me in honoring the life and the accomplishments of Jim Burch, and extend our deepest sympathy to his wife Wileta, and his children, Barbara, and Bill.

Mr. Speaker, the following remarks were delivered by our colleague, Representative Rosa L. DeLauro of Connecticut's Third Congressional District, on the occasion of the DeLauro Memorial Table Unveiling in New Haven, Connecticut, on Sunday, October 23, 2011.

Her remarks chronicle the extraordinary story of her mother and father, Luisa and Ted DeLauro, their neighborhood, their patriotism, and their service to a beloved community. It is the story of an American family, and the story of America as well. It also informs the U.S. House of Representatives why our colleague, Representative Rosa L. DeLauro, exhibits her values with such passion and excellence with her fighting spirit on behalf of her constituents, continuing the legacy of her parents' history and heritage.

Mr. Speaker, I ask the entire House of Representatives to pay tribute to our colleague, her parents, and all the members of the community who chose to honor the DeLauro family with their lasting tribute to them for all they have stood for and contributed. The name `DeLauro' is synonymous with patriotism and service across generations and it is a privilege to place these words in the Congressional Record which describe how one family has so enriched the America they loved and served so magnificently.

Remarks of the Hon. Rosa L. DeLauro

I thank the gentleman from Michigan for yielding time, and I want to thank my Republican colleagues for both what they are doing today on the floor and for what you have said.

These are really difficult economic times for the people in our country, and that's why it's so critical for Congress to bolster American innovation. That, in my view, is really what this legislation is about. It's an important way to facilitate capital formation, which is really one of the important pillars of our national economy, capital formation. I know how important this is for small businesses because my congressional district, which is Silicon Valley, is the innovation hub of our Nation and it thrives on capital formation.

In December of last year, almost a year ago, I came to the Financial Services Committee at the invitation of then-Chairman Barney Frank, and I want to recognize and thank him today for what he did then, as well as the present chairman, Chairman Bachus, urging the committee to renovate essentially regulation A, which was created, as others have said, during the Great Depression to facilitate the flow of capital into small businesses. It's really quite extraordinary that FDR and Members of Congress in 1933 recognized the importance of capital formation at that time, and we have honored that since then.

Now, reg A was established as a part of the 1933 Securities Act, and it was designed to provide regulatory relief for small firms that want to sell shares of company stock.

These many offerings have been used to help small companies raise capital and test the waters for IPOs, initial public offerings. Unfortunately, the regulation A threshold became stuck, as others said, at a 1992 level of $5 million. At that low level, the benefit of a regulation A offering is extremely limited. In fact, only three companies, as has been said this afternoon, have taken advantage of it in 2010. So this threshold, the $5 million threshold, falls far short of what companies need to develop the cutting-edge technologies in today's economy. It's outdated. It fails to serve its intended purpose, and it's why this legislation is needed and why I'm so pleased that, on a bipartisan basis, we are taking action today.

We need to raise the initial public offering limit to help provide capital to small businesses.

Very importantly, we look forward to spurring hiring and business development. That's what we are here for, and I think it's what the American people want us to do.

I'm proud to be a cosponsor of H.R. 1070, to raise the regulation offering limit from $5 million to $50 million, once again creating a meaningful offering limit. What better time than now when our economy needs this important boost.

So I thank the chairman of the full committee. I thank the ranking member. I thank my colleague from Michigan, and I thank the gentleman from Arizona for his very kind words, and I urge all of our colleagues to support this. I think when we do later on today, it will be a source of pride and encouragement to the American people.

Mr. Speaker, I rise today to honor the extraordinary life of Michele Daschbach Fast who entered into eternal life on October 12, 2011, at the young and vital age of 47. A brutal, senseless act took the life of this beautiful, loving, talented and selfless wife, mother, daughter, sister, aunt and friend.

Michele was blessed with extraordinary qualities, and she blessed everyone in her life in return. She was generous and loving, welcoming and joyful, a sports fan, a swimmer, a tennis player, a Giants fan and the most ardent supporter of the sports teams of her family and her wide circle of friends. She was quick, clever, and had a great sense of humor and she will never be forgotten.

Michele leaves her devoted husband of 24 years, Patrick, and her three beloved children, Patrick, 20, Laura, 18, and Lisa, 16. She also leaves her parents Leonore and Howard Daschbach of Atherton, and her brothers and sisters, Mark Daschbach, Rooney Daschbach, Laura Pitchford, LeeLee Cusenza, and Lisa Fuerst, as well as her faithful companion, Otis, a Black Labrador. Michele also played a wonderful, enthusiastic role in the lives of her many nieces and nephews, in-laws, scores of friends and the entire community of Seal Beach, California.

I am privileged to have known the Daschbach family for many decades. They are deeply faith filled and one of the most respected families in our community. May their faith, and the love and support of so many be sources of comfort to them during the difficult days ahead.

Mr. Speaker, I ask the entire U.S. House of Representatives to join me in honoring Michele Daschbach Fast's life, and extend our deepest condolences to her entire family.