September 19, 2012 CONGRESSIONAL RECORD — HOUSE H6147 

survivors of pancreatic cancer themselves 

since they are so few. In California alone, 

nearly 4,000 people will lose their lives to pancreatic cancer this year. An additional 12,000 

Californians will die from lung cancer. Their 

families—and many others—have asked for 

our support in improving the diagnosis and 

treatment of pancreatic, lung, and other recalcitrant cancers. 

There’s no disputing that great progress has 

been made in our fight against cancer over 

the past 40 years. Consider for example the 

improvement we’ve seen in the overall fiveyear relative survival rate for all cancers, and 

the important discoveries that NCI has made 

through its Cancer Genome Atlas program in 

understanding what makes one cancer different from another. Nonetheless, there are 

certain cancers where we haven’t seen as 

many gains. That’s precisely why I support the 

approach taken in H.R. 733. 

I’m very proud of the work of Chairman 

UPTON, Chairman PITTS, Ranking Member 

PALLONE, Congresswoman ESHOO, and Congressman LANCE—as well as all of our staff— 

on this issue. I urge my colleagues to support 

passage of this bill. 

Mr. FATTAH. Mr. Speaker, I proudly cast a 

‘‘yea’’ vote in support of H.R. 733, the Pancreatic Cancer Research and Education Act, 

with the memory of Elmer Chenault in mind. 

This important legislation will address the high 

mortality rate associated with Pancreatic Cancer. Mr. Chenault, my father-in-law, was a 

senior management officer and federal compliance official of the Environmental Protection 

Agency, Army veteran of the Korean War and 

a devoted family man. Elmer spent his working career in the scientific and environmental 

fields and was one of the first officials of the 

EPA, joining it shortly after it was founded in 

1970 under President Richard M. Nixon. He 

grew up in Wyoming, Ohio, a suburb of Cincinnati. Joining the EPA in the early ’70s, 

Elmer became a tireless advocate for environmental justice for communities of color and the 

economically disadvantaged. 

His passing was a trying time for my family, 

an experience too many know too well when 

confronting this terrible disease, and his loss 

continues to be felt by many in Philadelphia. 

I thank my colleague from California for her 

stalwart support for this legislation and look 

forward to a time when no family must face 

the scourge of Pancreatic Cancer. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Pennsylvania (Mr. 

PITTS) that the House suspend the 

rules and pass the bill, H.R. 733, as 

amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

The title was amended so as to read: 

‘‘A bill to provide for scientific frameworks with respect to recalcitrant cancers.’’. 

A motion to reconsider was laid on 

the table. 

f 

MOURNING THE LOSS OF SHERIFF 

LARRY DEVER 

(Mr. FLAKE asked and was given 

permission to address the House for 1 

minute.) 

Mr. FLAKE. Mr. Speaker, Arizonans 

were greeted this morning with the unwelcome news that Cochise County 

Sheriff, Larry Dever, passed away last 

night in an automobile accident. The 

great State of Arizona is in a state of 

mourning. 

Respected throughout the State as a 

leader and a lawman, Sheriff Dever was 

also recognized nationally as an authority on immigration and border 

issues. Every Senator, Congressman, 

Governor, and local official who wanted to know what was really happening 

in southern Arizona sought Sheriff 

Dever’s counsel. No meetings or briefings, Powerpoint presentations, flip 

charts, or easels could compare to a 

couple of hours in the passenger seat of 

his pickup truck, driving bumpy roads, 

one-on-one with the sheriff. 

To us, Sheriff Dever was the consummate lawman: tough, fair-minded, 

straight shooting, no nonsense. To his 

wife, Nancy, he was a devoted husband. 

To his six sons, he was a caring father. 

To his 11 grandchildren, he was a proud 

and doting grandfather. 

To those of us who call Arizona 

home, we are grateful for the past 60 

years that Sheriff Dever has called Arizona home as well. 

f 

(2150) 

STOP THE WAR ON COAL 

The SPEAKER pro tempore. Under 

the Speaker’s announced policy of January 5, 2011, the gentlewoman from 

West Virginia (Mrs. CAPITO) is recognized until 10 p.m. as the designee of 

the majority leader. 

Mrs. CAPITO. Thank you, Mr. Speaker. 

We have 10 minutes here, and I am 

very proud to be here tonight to talk 

about a bill that is on the floor on Friday, and that is the Stop the War on 

Coal Act of 2012. I hail from the great 

State of West Virginia, one of the largest coal-producing States in this Nation. Quite frankly, I am here for three 

reasons. 

The first reason is that I am extremely concerned about the job loss 

and the economic devastation that this 

war on coal is having on our State of 

West Virginia. We had really sad news 

just yesterday. Alpha Coal announced 

that 1,200 coal mining jobs in the region were going to be cut. Now, that 

sounds like a lot of jobs, but then when 

you think about it, that’s 1,200 families, and that’s 1,200 men and women 

who will come home tonight and who 

came home last night. So we say we’re 

going to have to do something. 

And why is it? We don’t have enough 

time to get into all of the details, but 

I do think it is part and parcel of the 

regulatory environment of this administration, that it’s the philosophy of 

this administration that coal is not 

good for the country, and it’s a lack of 

education, really, on the acknowledgment of the base load energy that coal 

brings to this Nation. 

I am here to stand up for the families 

and businesses that are going to see a 

rise in their electric bills. I am also 

here for the reliability of the electric 

grid to make sure that we have affordable energy. 

I would like to bring my friend from 

Pennsylvania in. We’ve been waiting a 

while. The Stop the War on Coal Act is 

coming up on Friday, which the President’s energy plan is destroying, if you 

can even call it a plan. I mean, we’re 

from an all-of-the-above plan. We’ve 

worked together on this, Mr. MURPHY

and I. We’ve already lost over 2,000 

jobs, and 55 units are going to retire 

across America, in large part, due to 

EPA rules and regulations. How many 

jobs is that? These Boiler MACT rules, 

these Utility MACT rules, coal ash 

rules are all job killers. 

I would like to yield to the gentleman from Pennsylvania, since we’re 

on limited time, and ask him to give 

his perspectives on what we know is a 

war on coal. 

Mr. MURPHY of Pennsylvania. I 

thank the gentlelady from West Virginia. Thank you also for your tireless 

advocacy for coal as we are here fighting the war on coal. 

It’s interesting. I remember when I 

was attending college at Wheeling Jesuit University. Oftentimes, for charitable activities, we’d go into the mountains of Appalachia and help families 

where coal mines had shut down because they were played out, and we’d 

seen the incredible poverty there. We 

also know that, over the last century, 

miners toiled for years in those coal 

patch towns and tried to make things 

safer, and they accomplished that. 

They worked for better wages, and 

they accomplished that. Now they’re 

fighting for their very existence and 

their jobs and livelihoods. 

To add to what you’re saying about 

the jobs here, this is not just coal miners. It’s the manufacturers who make 

the longwall equipment—the continuous miners, the rails, the wire, the 

ventilators, the elevators, the safety 

equipment. They are fighting for their 

jobs. It’s the railroads, the trucks, the 

barges, the workers who make the 

rails, the hopper cars, the barges, the 

trucks who are there, fighting for their 

jobs. 

Where will they go? Really, this is 

not just an attack on some of the 

power plants. We may lose 175 or so initially. The goal is to shut down 400 

power plants altogether. What will 

happen then? 

Now, this keeps the President’s 

pledge that, if you want to use coal, it 

will bankrupt you, but it’s also going 

to bankrupt these families when they 

can’t pay their bills when their electric 

rates go up. They’re already paying 

$3,000 more per year for their gasoline 

for their cars. Interior Secretary Ken 

Salazar told the Democratic National 

Convention: 

Under President Obama’s leadership, the 

U.S. moved forward with an all-of-the-above 

energy strategy—oil, gas, nuclear, hydro, 


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H6148 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

biofuels, wind, geothermal, solar. All of it, 

he said. What’s missing is coal. 

If we’re not going to build a new 

power plant, that’s also jobs not just 

for the miners. It means no jobs for the 

boilermakers, the electrical workers, 

the ironworkers, the steamfitters, the 

plumbers, the insulators, the carpenters, the laborers, the operating engineers, the cement masons, and the 

steelworkers. That means, down in 

southwestern Pennsylvania, in Greene 

County, where 43 percent of their income is coal, they won’t have that income. Washington County will also suffer, and so many Americans will suffer. 

We need to be investing in new technologies to clean up coal and to clean 

up these power plants and rebuild 

them, not to shut them down. 

Mrs. CAPITO. I agree. I think carbon 

capture and sequestration holds great 

promise, but we’ve got to make sure 

that we’ve got the technology available 

so that we can elongate the life of coal. 

Contained within the bill we’re going 

to vote on on Friday is something that 

I’ve been concerned about now for 

years, which is of this administration’s 

inability or reluctance or that it will 

not even consider the job and economic 

impact of the decisions they’re making. We’ve passed bill after bill here, 

saying to the EPA and to the President, Mr. President, you’ve got to 

weave a balance between the economy 

and the environment. You’ve got to 

look at what the job and economic impact of these small towns and counties 

will be. 

Let’s talk about what’s happening to 

the county school systems. When these 

four coal mines shut down in West Virginia, we have a severance tax. That 

severance tax goes to pay the counties, 

and a lot of that money goes to the 

education of those children. What’s 

going to happen? Who is going to fill 

that gap? Who considered that when 

they made the decisions to make it impossible to get a permit? to make it 

impossible to mine the coal? to make 

it impossible to burn the coal? 

I mean, we’re cutting off our nose to 

spite our face. That’s an old and tired 

term, but if we don’t have a base load, 

cheap energy and an abundant energy 

source—and you and I are both from 

States that have a lot of natural gas. 

We’re all for natural gas. We want the 

abundance of natural gas, and we realize the low price of natural gas is part 

of what’s feeding into this. We need an 

all-of-the-above plan that must contain 

clean coal and efficient coal. 

Mr. MURPHY of Pennsylvania. I’ll 

add a story here. 

I remember back in the 1970s, in Buffalo Creek, West Virginia, where a dam 

broke and wiped out the town. I remember going there to work with the 

Red Cross. In the late evening at Van 

High School, I was talking to a gentleman who had lost his home. He had 

said that, before the dam broke, the police had come down the street, and 

they’d said, Leave your homes. The 

dam has broken. He said he grabbed his 

kids, and they ran up the hill as fast as 

they could. As fast as he could run, the 

water was at his feet, and when he 

turned around, his home was gone; the 

town was gone; there was nothing left. 

In the darkness of that classroom 

late at night, I could hear him beginning to cry, and I said, But you have 

your family. 

He said, I know, and there is someone 

else in this town who has lost everything. He even lost his family. 

I said, Well, prayers and good luck 

helped you. 

He said, No. It was also the fact that 

we heard the same warnings. The difference was I listened, and he did not. 

We are at that same point, too. We 

are hearing about the existence of 

towns all throughout Appalachia and 

all throughout this Nation. We need to 

be mining American coal and using our 

ingenuity to clean it up, not shut it 

down, to help all these towns, to help 

the schools, and to help those families. 

Mrs. CAPITO. I want to thank you 

for joining me tonight at this late 

hour. I have just a few more minutes 

left, and I’d like to spend a little bit of 

time on what I think is a large overreach on the part of EPA into making 

law where Congress should be making 

the law. 

We should be deciding how to legislate on the Clean Water Act. We should 

be deciding how to legislate on the 

Clean Air Act. We should be deciding 

how to move forward on permitting in 

our Nation because we consider jobs 

and the economy across party lines, 

and those are important considerations 

for a lot of the bills we put forward. 

But this administration has decided 

to do an end around. They’re making 

regulation after regulation. And what 

has happened? The Federal courts have 

said on at least two or three different 

occasions—and maybe more—that this 

administration is in an area where 

they don’t belong. It’s a legislative 

area. It’s not a regulatory area. It’s an 

area that needs to be addressed 

through legislation by the Congress because that’s the proper place for these 

decisions to be made. 

So I hope that the President is listening, and I hope his administration is 

listening because, with thousands of 

jobs lost, higher electric bills, less reliable energy, fewer manufacturing jobs, 

this all feeds into an over 8 percent unemployment—folks who have quit 

looking and others who have given up. 

If we don’t have a full-out energy 

plan that includes everything and our 

most basic and our longest living energy resource—coal—and use the properties there and enhance them through 

research and development, we are 

going to find ourselves with over 8 percent unemployment, and we are going 

to find communities wiped out. States 

like mine—that are 95 percent reliant 

on coal production for our electricity— 

are going to be severely disadvantaged. 

I don’t want to live in a country where 

the regulatory environment and the 

President are picking winners and losers across this country, and that’s 

what has happened. 

So I look forward to joining my colleague in voting for this bill on Friday. 

I thank you very much, and I thank 

the staff for staying so late, too. 

Mr. Speaker, I yield back the balance 

of my time. 

f 

ADJOURNMENT 

Mrs. CAPITO. Mr. Speaker, I move 

that the House do now adjourn. 

The motion was agreed to; accordingly (at 10 p.m.), under its previous 

order, the House adjourned until tomorrow, Thursday, September 20, 2012, 

at 10 a.m. for morning-hour debate. 

f 

EXECUTIVE COMMUNICATIONS, 

ETC. 

Under clause 2 of rule XIV, executive 

communications were taken from the 

Speaker’s table and referred as follows: 

7847. A letter from the Administrator, Department of Agriculture, transmitting the 

Department’s final rule — Beef Promotion 

and Research; Amendment to the Order [Doc. 

No.: AMS-LS-11-0086] received September 7, 

2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 

Committee on Agriculture. 

7848. A letter from the Acting Administrator, Department of Agriculture, transmitting the Department’s final rule — Cranberries Grown in States of Massachusetts, 

Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New 

York; Changing Reporting Requirements 

[Doc. No.: AMS-FV-12-0002; FV12-929-1 IR] received September 7, 2012, pursuant to 5 

U.S.C. 801(a)(1)(A); to the Committee on Agriculture. 

7849. A letter from the Director, Regulatory Management Division, Environmental 

Protection Agency, transmitting the Agency’s final rule — Clothianidin; Pesticide Tolerances [EPA-HQ-OPP-2010-0217; FRL-9360-4] 

received August 24, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); to the Committee on Agriculture. 

7850. A letter from the Director, Regulatory Management Division, Environmental 

Protection Agency, transmitting the Agency’s final rule — Fludioxonil; Pesticide Tolerances [EPA-HQ-OPP-2011-0395; FRL-9357-5] 

received August 24, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); to the Committee on Agriculture. 

7851. A letter from the Director, Regulatory Management Division, Environmental 

Protection Agency, transmitting the Agency’s final rule — Flutriafol; Pesticide Tolerances for Emergency Exemptions [EPA-HQOPP-2012-0324; FRL-9349-6] received August 

24, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to 

the Committee on Agriculture. 

7852. A letter from the Director, Regulatory Management Division, Environmental 

Protection Agency, transmitting the Agency’s final rule — S-Metolachlor; Pesticide 

Tolerances [EPA-HQ-OPP-2011-0657; FRL9356-9] received August 24, 2012, pursuant to 5 

U.S.C. 801(a)(1)(A); to the Committee on Agriculture. 

7853. A letter from the Under Secretary, 

Department of Defense, transmitting a report of a violation of the Antideficiency Act, 

Army Case Number 11-05; to the Committee 

on Appropriations. 

7854. A letter from the Under Secretary, 

Department of Defense, transmitting a report of a violation of the Antideficiency Act, 


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