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

Vol. 157 WASHINGTON, WEDNESDAY, DECEMBER 14, 2011 No. 192 House of Representatives The House met at 10 a.m. and was other Afghan officials called for polit- Representative MCGOVERN before, called to order by the Speaker pro tem- ical and military support for at least which we can submit in the House so pore (Mr. WEBSTER). another decade.’’ that we can get this House behind get- f This is coming from a man who, ac- ting our troops out, because, believe cording to CNN, told a group of tribal me, we’ll be there for 5 to 10 more DESIGNATION OF SPEAKER PRO elders last month, ‘‘America is power- years. It’s not fair and it’s not right. TEMPORE ful, has more money, but we are lions Beside me is a picture from the The SPEAKER pro tempore laid be- here. Lions have the habit of not liking Greensboro News-Record. It was taken fore the House the following commu- strangers getting into their house.’’ a few months ago, but this tells it all. nication from the Speaker: President Karzai continued by saying, The title reads, ‘‘Get Out,’’ and there WASHINGTON, DC, ‘‘We want to say that is our broth- are soldiers taking a flag-draped trans- December 14, 2011. er. During the years of jihad, Iran has fer case off the plane. I hereby appoint the Honorable DANIEL been one of the best countries for hos- It is time to bring our troops home WEBSTER to act as Speaker pro tempore on pitality for Afghans. They are our from . It is time to fix the this day. brother.’’ problems here in America, to create JOHN A. BOEHNER, Speaker of the House of Representatives. Mr. Speaker, it just amazes me that jobs in America. We can certainly use he keeps saying that he doesn’t even that $10 billion a month that we are f like us, but when he needs us, then he sending to Afghanistan and spend it MORNING-HOUR DEBATE likes us. Our young men and women in right here on the American people and The SPEAKER pro tempore. Pursu- the military are over there, losing do what’s right to get America back on ant to the order of the House of Janu- their legs, their arms—and dying. How its feet. ary 5, 2011, the Chair will now recog- in the world can we continue to spend With that, Mr. Speaker, I will close nize Members from lists submitted by $10 billion a month when this man says as I always do: the majority and minority leaders for that Iran is its friend—‘‘they are our From the bottom of my heart, God, morning-hour debate. brother’’? please bless our men and women in uni- The Chair will alternate recognition The American people are sick and form. God, please bless the families of between the parties, with each party tired, quite frankly, of being in Af- our men and women in uniform. God, limited to 1 hour and each Member ghanistan. Recently, when I spoke on please hold in Your arms the families other than the majority and minority the floor, I received a letter shortly who have given a child, dying for free- leaders and the minority whip limited thereafter from Jean Bonney Smith in dom in Afghanistan and Iraq. to 5 minutes each, but in no event shall Idaho regarding a recent floor speech Mr. Speaker, I ask God to bless the debate continue beyond 11:50 a.m. that I gave. I want to quote a couple of House and Senate that we will do what’s right in the eyes of God. I ask f comments. Then I would like to submit her letter for the RECORD, Mr. Speaker. God to give strength, wisdom, and AFGHANISTAN ‘‘Everything you said made perfect courage to President Obama. The SPEAKER pro tempore. The sense. These are things I’ve been think- And three times I will ask: God, Chair recognizes the gentleman from ing for 2 or 3 years, too. Karzai’s most please, God, please, God, please con- North Carolina (Mr. JONES) for 5 min- recent remarks were just the last slap tinue to bless America. utes. in the face of the American people. [From the News & Observer, Dec. 2011] Mr. JONES. Over this past weekend, How can you convince your fellow Re- U.S. ENVOY: TROOPS COULD STAY IN a published article in a North Carolina publicans of these truths? We can’t just AFGHANISTAN paper was titled, ‘‘U.S. Envoy: Troops stay on this ‘War, Inc.’ course, waiting (By Rod Nordland) could stay in Afghanistan,’’ subtitled, for the next election. It is criminal to KABUL, AFGHANISTAN.—The U.S. ambas- ‘‘The White House echoed that 2014 is our troops.’’ sador to Afghanistan on Saturday raised the not a deadline for total withdrawal.’’ I There are so many people across this possibility that U.S. combat troops could would like to submit the article for the Nation who just wonder why we con- stay in the country beyond the 2014 deadline that the White House had set for their with- RECORD, Mr. Speaker. tinue to support a corrupt leader in a drawal. I will read the last sentence of the ar- country that will never, never change. Ambassador , speaking with ticle: I hope, as we get into the new year, a small group of journalists, said that is the ‘‘At a conference in Bonn, Germany, that those of us in both parties can Afghan government wanted U.S. troops to last week, President Hamid Karzai and find legislation, as I have worked with stay longer, the withdrawal could be slowed.

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

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VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.000 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8904 CONGRESSIONAL RECORD — HOUSE December 14, 2011 ‘‘They would have to ask for it,’’ he said. ‘‘I ple without coverage and provides the put them in the reckless Iraq adven- could certainly see us saying, ‘Yeah, makes Nation overall with mediocre results. ture. People who are in the front de- sense.’ ’’ Americans get sick more often, take serve our best in terms of equipment He emphasized, however, that no such deci- longer to get well, and die sooner than and facilities. They and their families sion had been made. White House officials said that Crocker’s most of our European competitors; and need to be well cared for, not just in comments were consistent with it previously half that cost is loaded on the backs of the field but when they come home. We stated position. the employers and embedded in the can do this, even in difficult times, if ‘‘The president never excluded the possi- prices of their products. we get our priorities right. And we can bility that there would be some U.S. forces But perhaps the most glaring exam- get our priorities straight and the job here, but he stressed that security would be ple of unsustainability is not our done with less money. under Afghan lead by 2014,’’ said Eileen health care system or our tax system; The cuts initiated by Secretary O’Connor, the embassy spokeswoman. it is the massive defense and security Gates and the Obama administration, Crocker’s comments came as the adminis- tration is engaged in discussions with the Af- spending with escalating costs, which plus what would be required by seques- ghan government on what arrangements is, sadly, not strategically oriented. tration, would only bring our defense should be after 2014. At a conference in Bonn, We cannot continue to spend almost establishment to the level of 2007, ad- Germany, last week, President Hamid Karzai as much as the rest of the world, friend justed for inflation. There is no ques- and other Afghan officials called for political and foe alike, combined. Our military tion that over the next 10 years, we can and military support for at least another was stressed, and continues to be hob- manage that transition and that we decade. bled by the reckless action in Iraq and will have to do it. What is sad is that U.S. DEATHS further challenged by the war in Af- the bill we will be considering today The Department of Defense recently con- ghanistan. Yet we have a defense reau- doesn’t make the progress we need to firmed the deaths of these American mili- thorization that we will be considering get us there. tary personnel: on the floor today that ignores the big f Sgt. 1st Class Clark A. Corley Jr., 35, of picture, does not lay the foundation for Oxnard, Calif., Spc. Ryan M. Lumley, 21, of A TRIBUTE TO PHYLLIS CAUSEY a dramatic scaling back of open-ended Lakeland, Fla., and Spc. Thomas J. The SPEAKER pro tempore. The Mayberry, 21, of Springville, Calif., died Dec. spending commitments, especially in 3, in Wardak province, Afghanistan, of dealing with issues like a nuclear Chair recognizes the gentleman from wound suffered when enemy forces attacked weapons system far more expensive and Kentucky (Mr. GUTHRIE) for 5 minutes. their unit with an improvised explosive de- out of proportion to what we will ever Mr. GUTHRIE. Mr. Speaker, I rise vice. They were assigned to the 2nd Bat- need or use. There are patterns of de- today to pay tribute to a great friend talion, 5th Infantry Regiment, 3rd Brigade ployment that cry out for reform. and a remarkable Kentuckian, Mrs. Combat Team, Fort Bliss, Texas. There are long overdue elements to Phyllis Causey. In January, after 39 Sgt. Ryan D. Sharp, 28, of Idaho Falls, deal with cost-effectiveness and the en- years of honorable and selfless public Idaho, died Dec. 3, at Landstuhl Regional service, she will retire. Medical Center, Landstuhl, Germany, of vironmental footprint. Energy costs of wounds suffered Nov. 21 at prov- $400 a gallon for fuel to the front, bil- Her Lewisburg High School yearbook ince, when insurgents attacked his unit with lions of dollars just for air-condi- in 1968 contained a prophecy for her, an improvised explosive device. He was as- tioning are symbols of a system that is saying, ‘‘Phyllis will be in President signed to the 2nd Battalion, 34th Armor not sustainable. We need key improve- Nixon’s Cabinet in 10 years.’’ And al- Regiment, 1st Brigade Combat Team, 1st In- ments. Unfortunately, we’re on a path though President Nixon resigned while fantry Division, Fort Riley, Kan. of trying to do more than we can or she was at basic training for the Army that we should do. Reserve in ’74 and she never did make JEAN BONNEY SMITH, The greatest threat to our future is it to the White House, lucky for us, she 1550 E. HOLLY STREET, still decided to follow her passion for Boise, ID, October 25, 2011. losing control of our ability to sustain To: Rep. WALTER JONES the military because we can’t sustain politics and public service. Re Your ‘‘General Speech’’ This morning the economy. Unlike the past, we feel Phyllis graduated from Hopkinsville You were excellent on the House floor this now that we don’t have enough money Community College in 1970 and re- morning, regarding ENDING THE WARS! to train and educate our next genera- ceived her bachelor’s degree from West- Everything you said made perfect sense— tion. It is a problem now that Amer- ern Kentucky University in 1972. Upon Things I have been thinking for 2 or 3 years, ican infrastructure is not keeping pace her graduation, Phyllis worked for too! Karzai’s most recent remarks were just with the demands of our communities, WKU for the following 23 years. the last slap in our face! let alone the global economy. In 1995, she was hired as a field rep- How can you convince your fellow Repub- We should reject this blueprint. We resentative for Congressman Ron licans of these truths? Lewis. And when I was elected to re- We can’t just stay on this ‘‘War Inc.,’’ should begin the process now of right- course, waiting for the next election—it is sizing the military, of getting rid of place Congressman Lewis upon his re- criminal to our troops. the burdensome nuclear overreach and tirement, Phyllis was kind enough to Thank you, patterns from the past—spending on continue working for me. JEAN B. SMITH. things that would help us with the Cold While traveling as a candidate for f War or World War II, maybe even do a Congress, I met so many individuals whose first question to me was, Are AMERICA’S UNSUSTAINABLE PATH slightly better job on the misguided mission in Iraq—but not the most you going to keep Phyllis if you are The SPEAKER pro tempore. The pressing challenges for American secu- elected? Their question was a testa- Chair recognizes the gentleman from rity in this century. ment to Phyllis’ compassion, hard Oregon (Mr. BLUMENAUER) for 5 min- We have the most powerful military work, and dedication to the individuals utes. in the world and will, by far, even if we in the counties she served. She was and Mr. BLUMENAUER. One thing that invest substantially less. Our problem still is irreplaceable. most of the Wall Street pro- is that the American public is being ill- Phyllis grew up on a farm in Logan testers and the majority of the Tea served by a government that is not in- County, where her parents taught her Party advocates agree upon is that the vesting in our future and in an econ- the value of hard work and the impor- United States is not on a sustainable omy that will not be able to sustain tance of giving and caring for others. path. ever-increasing military commitments, And throughout the nearly 20 years I The economy is still floundering. We to say nothing of the demands of in- have known Phyllis, she has exempli- are in too many cases losing the com- vesting in our communities and our fied these values every day. She has petition to other countries in things people, especially the young. been such an inspiration to me, and she like building, maintaining our infra- has always been devoted to the causes structure for the future and in keeping b 1010 she believes in—church, family, and up with the advances of education. We I was, from the beginning, appalled friends. have the world’s most expensive health at the burden we were asking of our Phyllis is an incredible wife, daugh- care system that leaves too many peo- young men and women to bear when we ter, sister, and mother. I know her

VerDate Mar 15 2010 04:47 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.004 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8905 family—especially her husband, Now, these are pretty shocking num- where she has introduced new instruc- Larry—will be happy to have her bers. And actually, the gentleman from tional strategies in the classroom. around more often. New Jersey (Mr. GARRETT) and I on the Many variables go into a great edu- And although I will miss her, I know floor here last spring got a little cation, but it’s having great teachers this is in no way a goodbye. I am posi- amendment in the Department of De- that matter most. Tricia Miller is the tive she will continue to be active and fense bill to require that they conform type of teacher that goes above and be- touch the lives of those of us who have to a 1994 law. In 1994, Congress said the yond. She is tirelessly committed to had the privilege of call her a friend. Pentagon should be audited by 1997. high achievement and the success of I ask my colleagues to join me in Unfortunately, every year, the appro- her students, which she has dem- honoring Mrs. Phyllis Causey, who ex- priators have said, Oh, no, no, no. onstrated year after year. emplifies what it means to be an Amer- That’s too much to ask of the Pen- Tricia Miller is deserving of this ican, a Kentuckian, a Christian, and a tagon. award and recognition. We thank her public servant. Well, we got a little amendment in for her commitment to the teaching f the bill here. We kind of snuck it by profession and are proud that she will the DOD hawks over there who are pro- go to represent the State in the Na- THE PENTAGON MUST BE tecting the incompetence over there, tional Teacher of the Year competi- AUDITED and they would have been audited. The tion. Congratulations, Teacher Tricia The SPEAKER pro tempore. The Senate did the same thing. But to the Miller. Chair recognizes the gentleman from rescue, the conference committee, be- b 1020 Oregon (Mr. DEFAZIO) for 5 minutes. hind closed doors. I was one of very few Mr. DEFAZIO. Well, we’ve all heard on the floor here who voted against HOUSE PASSES EXTENSION LEGISLATION of too big to fail when the Secretary of closing the doors of the conference be- Mr. Speaker, I also would like to the Treasury Hank Paulson and Presi- cause they don’t close the doors of the take time this morning to address and dent Bush bailed out a bunch of mis- conference committee over there to celebrate a piece of legislation that we creants on Wall Street for their gam- talk about classified things that could passed out of the House of Representa- bling and mistakes and putting tax- risk our national security. They do it tives last evening, largely, almost sole- payers at risk, some principle that does to cut deals like this. ly with just Republican support, but a not belong in the policy of this coun- So yesterday, they decided the Pen- bill that deserved bipartisan support try. But now we have another one: Too tagon will not be audited. It can’t be because it’s great for the entire Nation. big to be counted. Too big to be count- audited. In fact, the gentleman from This is a bill that addresses many of ed. Texas (Mr. CONAWAY), one of our col- the extension bills that were lingering This year, the Pentagon will spend leagues, said it would be insulting to and will soon expire at the end of the $670 billion, about $2 million a day, and require that we audit the Pentagon in year. In particular, there are three it doesn’t know where its money is. In a mandatory way by 2014. I mean, parts I just want to touch on briefly fact, it often doesn’t even know if it that’s only 2 years from now. That’s this morning that are incredibly im- has spent money. Here are a few exam- only a couple more trillion dollars portant for the citizens of this Nation, ples: from now. Boy, we wouldn’t want to and I think also parts that are trans- In March 2000, the Pentagon inspec- know where that money is going. We formational. And it’s rare that we see a tor general found that of the $7.6 tril- wouldn’t want to know whether they transformational piece of legislation lion—‘‘t,’’ trillion dollars—in account- are surplusing out stuff our troops need out of this body. ing entries, about one-third of them— while they’re paying for a contractor First of all, the tax cuts. Tax cuts for $2.3 trillion, or $8,000 for every man, who didn’t have to compete to buy the all Americans. This is a tax cut that woman, and child in America, was com- same stuff, and they say there is a was actually paid for, not one that pletely untraceable, completely shortage and we don’t have enough. We added to the national debt or certainly untraceable. $2.3 trillion, don’t know wouldn’t want to know these things. So one that threatened in any way the in- where it went. Don’t know if they we closed the conference and cut these tegrity of the Social Security fund. I bought something, if it was delivered. stinking deals. am very proud to be able to support Who knows. So here it is, once again, too big to this bill and to do it in a proper way, to Then, in 2003, they found—and this is be counted. This does not serve our pay for and allow the citizens of this something I’ve talked about all men and women in uniform well. It country to keep money in their own through my years in Congress, the so- does not serve the national defense pockets. Certainly they are better pre- called inventory system at the Pen- needs of the United States of America, pared to make decisions on how money tagon, which is absolutely absurd. The and it sure as heck doesn’t serve the is spent. Army lost track of 56 airplanes, 32 interests of the American taxpayers. Secondly, the changes in the exten- tanks, and 36 missile command launch The Pentagon must be audited like sion of the unemployment compensa- units. And while military leaders back every other agency of Federal Govern- tion. We have taken steps to move un- in 2003 were scrambling around trying ment, and we should also throw in the employment towards a workforce de- to find chemical and biological suits Federal Reserve. velopment program as opposed to just for our troops because of the risks in f an entitlement program. Unemploy- the Middle East, in Afghanistan, the ment is important and should be used Pentagon was selling suits at surplus TRICIA MILLER, 2012 TEACHER OF to return people to work, and the pro- on the Internet for 2 cents on the dol- THE YEAR visions of the bill that were approved lar. No suits for the troops. They’re The SPEAKER pro tempore. The yesterday do just that. It allows States very expensive. Over here, we’re selling Chair recognizes the gentleman from to do drug screening. We’ve put a lot of them for 2 cents on the dollar to the Pennsylvania (Mr. THOMPSON) for 5 money into retraining people for jobs general public. What is this all about? minutes. when they are on unemployment or Another year, they spent $100 million Mr. THOMPSON of Pennsylvania. through the Workforce Investment Act for refundable airline tickets that they Mr. Speaker, first today, I rise today to only to find that there is a percentage didn’t use. Hey, what’s $100 million at congratulate Tricia Miller of Centre that aren’t eligible to work because the Pentagon? Chump change. They County on receiving the 2012 Pennsyl- they can’t pass a drug test. This provi- didn’t ask for the refunds. They just vania Teacher of the Year award. An sion gives people a reason to clean stuck them in a drawer. That is $100 English teacher from the Penns Valley their lives up. It takes it from 99 to 59 million that didn’t go to serve our na- Area School District since 1994, Tricia weeks, which is an appropriate move. tional defense, supply our troops, or be is the first Centre County educator to One of the last provisions, which I saved and defray our deficit. receive the award in its 54-year his- think is maybe one of the most impor- In fiscal year ’10, half of the Penta- tory. In addition to teaching English, tant: If you are an individual and need gon’s $366 billion in contract awards in 2009 Trish became the Penns Valley unemployment compensation, and you were not competed. Half. literacy coach for grades 7 through 12, don’t have a high school degree or a

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.003 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8906 CONGRESSIONAL RECORD — HOUSE December 14, 2011 GED, it requires you to enroll in a tional credit card, let it rack up over a plicitly call on the President to plan qualified GED program. Education is quarter of our cumulative deficit, and and carry out the accelerated removal the key to success in this country. help explode our debt year after year of our troops. Finally, as a part of this bill that I for a decade. Bring them home, Mr. President. was proud to support, it provides 2 Sadly, when it comes to paying for Bring them all home now. years of preventing an over 27 percent this war, too many in Washington are [From , Dec. 10, 2011] cut to the Medicare part B Medicare silent. U.S. TROOPS COULD STAY IN AFGHANISTAN reimbursement rates for both hospitals Mr. Speaker, over 1,800 service men PAST DEADLINE, ENVOY SAYS and physicians. and women have died in Afghanistan, (By Rod Nordland) As a former health care provider, 42 of them from Massachusetts. Over KABUL, AFGHANISTAN—The American am- manager within rural hospitals, I know 14,000 wounded. Husbands, fathers, bassador to Afghanistan on Saturday raised how devastating those cuts would be, wives, and mothers. Sons and daugh- the possibility that United States combat and I was very proud that not only did ters, brothers and sisters. Holes cre- troops could stay in the country beyond the we address that, we did it with more ated in families and communities that 2014 deadline that the White House had set certainty than has ever been done in can never be filled, losses that will be for their withdrawal. the past since 1997, when we did that felt for a generation or more. The ambassador, Ryan C. Crocker, speak- Each month the tally of dead and ing at a roundtable event with a small group for a 2-year period. of journalists, said that if the Afghan gov- Mr. Speaker, I am very appreciative wounded gets higher. 2010 was the dead- ernment wanted American troops to stay of my colleagues for supporting this liest year for American troops in the longer, the withdrawal could be slowed. bill and passing it out of the House. history of the Afghanistan war. And ‘‘They would have to ask for it,’’ he said. ‘‘I And I would ask, Mr. Speaker, that the 2011, a close second. could certainly see us saying, ‘Yeah, makes Senate give it the same full due dili- We have become numb to the num- sense.’ ’’ gence in quickly moving it out of that bers. We don’t even hear them any He emphasized, however, that no such deci- side of Congress so that the American more. But these losses resonate around sion had been made. family kitchen tables in the homes of White House officials said that Mr. Crock- people can benefit from all of the pro- er’s comments were consistent with its pre- visions within that extension package. the deployed every day and night of the viously stated position. f year. ‘‘The president never excluded the possi- We all know that the human cost of bility that there would be some U.S. forces END THE WAR IN AFGHANISTAN the war is found not only on the battle- here, but he stressed that security would be NOW fields of Afghanistan. It’s also found in under Afghan lead by 2014,’’ said the embassy The SPEAKER pro tempore. The veterans hospitals and counseling clin- spokeswoman, Eileen O’Connor. ‘‘The presi- Chair recognizes the gentleman from ics around the country. We continue to dent has always spoken of a responsible winding down of the efforts here, so talk of Massachusetts (Mr. MCGOVERN) for 5 struggle with soaring rates of trau- the possibility of some troops still being here minutes. matic brain injuries, post-traumatic post-2014 is not a change in policy.’’ Mr. MCGOVERN. Mr. Speaker, on stress and suicides among our soldiers But Mr. Crocker’s comments were an ex- Saturday The New York Times re- and our veterans. So many leave the plicit acknowledgment that the post-2014 ported that our Ambassador in Afghan- service or try and carry on military ca- forces may include combat troops, not just istan, Ryan C. Crocker, told a group of reers wounded in both body and soul. the trainers and advisers who had been pub- journalists that U.S. troops could stay Even if we were to leave Afghanistan licly mentioned before. in Afghanistan long past the Presi- tomorrow—and I’m so very glad to see His comments came as the administration dent’s 2014 deadline if the Afghan Gov- that our troops are coming home from was engaged in discussions with the Afghan government on arrangements after 2014. At a ernment asked us to stay. Iraq—our war debt will continue for conference in Bonn, Germany, last week, The very next day, The New York decades. And for what? For 10 years of President Hamid Karzai and other Afghan of- Times reported Afghan President support for a corrupt government in ficials called for political and military sup- Hamid Karzai blaming foreigners, in- Afghanistan? Ten years of sacrificing port for at least another decade. cluding the United States, for the cor- our brave uniformed men and women? Referring to the NATO summit meeting in ruption that is so rampant in his gov- Ten years of borrowing money we Lisbon last year at which Western leaders ernment. He had the audacity to say never had? This war is no longer about agreed to transfer security responsibility to this at an event marking International going after al Qaeda—which I voted to Afghan forces by 2014, Mr. Crocker said: ‘‘There is nothing in the Lisbon declaration Anti-Corruption Day. do. Osama bin Laden is dead. Instead, on 2014 that precludes an international mili- Afghanistan is one of the most cor- we’re now bogged down in a seemingly tary presence beyond 2014. That is to be de- rupt countries on the face of the earth. endless occupation in support of an in- termined by the parties, who could be nu- Transparency International ranks Af- competent and corrupt Karzai govern- merous, not just us, as we get closer to that ghanistan as the second most corrupt ment. This is not what I voted for. date.’’ government, right behind Somalia and So yes, I’m really worried when I In June, President Obama announced that North Korea, which tied for first place. pick up the newspaper and read Ambas- American troop withdrawals would begin the So I ask my colleagues, why should sador Crocker saying we may be in Af- following month, with 10,000 of the roughly we shed a single drop more of blood, 101,000 American troops then in the country ghanistan for years beyond 2014. The to leave by Dec. 31, and an additional 23,000 sacrifice the lives of our service men American people are way ahead of the to follow by the summer of 2012. ‘‘Our troops and women, for a corrupt government Congress and the White House on this will continue coming home at a steady pace that doesn’t even have the decency to issue. They want this war ended now. as Afghan security forces move into the take responsibility for its own failures. But it seems that Washington just lead,’’ he said. ‘‘Our mission will change Enough is enough. We have spent doesn’t get it. But when all is said and from combat to support. By 2014, this process over $440 billion on military operations done, the responsibility for continuing of transition will be complete, and the Af- alone in Afghanistan since 9/11. In 2012 or ending the war is right here in this ghan people will be responsible for their own we aim to spend another $113 billion. security.’’ Of the first 10,000, 4,000 have left, Chamber. We approved this war, we according to a senior NATO official. In most By this time next year, our total must now take the responsibility to of those cases, personnel who had been spending on the war in Afghanistan, end it. scheduled to leave were not replaced, the of- just the military operations, will be This is why, Mr. Speaker, I will vote ficial said. around $557 billion. That’s over half a against the conference report on the ‘‘We are on a timeline, as you know,’’ Mr. trillion dollars. FY 2012 National Defense Authoriza- Crocker said. ‘‘Ten thousand out by the end And when I say ‘‘spend,’’ I really tion bill. The defense bill includes of the year, that is being met.’’ With the ad- mean borrow, because from day one of many good and important provisions, ditional 23,000 by September 2012, he added, the Afghanistan war—and the Iraq war, but it does nothing, absolutely nothing ‘‘that basically recovers the surge’’—the re- inforcements Mr. Obama ordered two years for that matter—we have not paid for to wind down the war in Afghanistan. ago. the military operations in these wars. It’s way past time to bring our troops ‘‘Beyond that, there are no decisions,’’ he We have borrowed nearly every single home from Afghanistan. I can’t author- said, adding, ‘‘And as far as I’m aware, there penny of that money, put it on the na- ize any more funding that doesn’t ex- are no formal recommendations yet.’’

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.004 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8907 Asked if that meant that the United States Mr. Karzai made the remarks at an event epitomizes what it means to be a stu- would not necessarily withdraw all combat sponsored by the United Nations to mark dent athlete and a role model for all troops by 2014, Mr. Crocker said, ‘‘I don’t International Anti-Corruption Day. Afghani- Americans. know what we’re going to be doing in 2014.’’ stan is one of the world’s most corrupt coun- During the Baylor Bears’ 2011 season, Caitlin Hayden, a spokeswoman for the Na- tries, tying for second worst in rankings by Robert threw for nearly 4,000 yards and tional Security Council, said that ‘‘the presi- Transparency International, which tracks dent will make decisions on the size and perceptions of global corruption. had 45 touchdowns. His 72 percent com- shape of our presence after 2014 at the appro- Several Western diplomats and officials pletion rate placed him among the priate time, based on our interests and in working with the Afghan government said most accurate passers in the Nation, consultation with our Afghan and NATO they were disappointed by Mr. Karzai’s and he was the only player in the coun- partners.’’ speech, in which he appeared to again shift try who had at least 3,300 passing yards ‘‘We have been clear that any post-2014 much of the blame for corruption to for- and 300 rushing yards. presence by the U.S. would be at the invita- eigners. While foreigners are unquestionably tion of the Afghan government and aimed at involved in some of the corruption, they b 1030 ensuring that we are able to target terrorists shared responsibility with the Afghans and He is one of only three players in and support a sovereign Afghan government were only peripherally involved in the Kabul Football Bowl Subdivision history with so that our enemies can’t outlast us,’’ she Bank debacle. 10,000 career passing yards and 2,000 ca- Mr. Karzai also asked that foreigners who added. ‘‘We have also been very clear that we reer rushing yards. He owns or shares do not seek permanent bases in Afghanistan give aid to the country tell Afghan officials or a long-term military presence that would if government officials or their relatives ask 30 Baylor football records. be a threat to Afghanistan’s neighbors.’’ for bribes. Foreign governments have helped Among his awards and accolades in Military leaders have been quietly pushing finance anticorruption efforts, but the Af- 2011 were the Chic Harley Award for to keep as many troops in the country as ghans have often squashed high-profile cor- the National Player of the Year, the they can during the next two years as a safe- ruption prosecutions of senior officials. That Big 12 Player of the Year, first team guard while responsibility is transferred to has been a continuing effort by NATO to All-American, the Davey O’Brien Afghan forces. comb through military contracts with Af- Award, and, of course, the 77th annual On Wednesday, The Wall Street Journal re- ghan businesses to detect corruption and ter- Heisman Memorial Trophy, awarded to ported that Gen. John R. Allen, the United minate contracts in which there has been States and NATO commander in Afghani- manifest abuse. That effort has gone on the most outstanding player in college stan, had been promoting the view that the largely behind the scenes, so it is difficult to football each year. He did all of this withdrawals should stop after next year, tell if it has had much success. while leading the Bears to their first with the remaining 68,000 soldiers to be kept Ryan C. Crocker, the American ambas- nine-win regular season since 1986 and in Afghanistan through 2013, before cuts re- sador, said he believed that corruption was a berth in the Alamo Bowl in 2011. sume in 2014. The article said he had not for- now being taken more seriously, although What makes Robert such an excellent mally recommended that course of action, progress was slow and none of the main peo- role model is that his success at Baylor however. ple responsible for the Kabul Bank fraud had has not only been on the field. Robert Mr. Crocker noted that General Allen had been prosecuted. The Afghan government graduated from Baylor in 3 years with made it clear that trainers and advisers lost more than $850 million in the bank’s col- would be likely to remain after 2014. Mr. lapse. While some of that money has been re- a 3.67 GPA and a degree in political Crocker said that in some cases ‘‘major covered—more than expected, according to science. He is currently in graduate weapons systems will not reach Afghani- several officials—the government will prob- school pursuing a master’s in commu- stan’’ until after 2014, so Afghans will need ably have to pay $450 million to $500 million nication and plans to attend law school assistance learning how to operate and main- to cover losses. in the future. He is a six-time member tain them. ‘‘I am told they have a series of indict- of the Big 12 Commissioner’s Honor He said he did not expect America’s diplo- ments that have been kept in the pending Roll and a two-time Dean’s List hon- matic presence to be reduced along with the file as they concentrate on asset recovery,’’ military pullback. The number of civilian Mr. Crocker told reporters on Saturday. oree. This year, he was named second American government employees in Afghani- ‘‘Look, it’s hardly a perfect world. And it team Academic All-American. stan increased more than threefold from 2009 isn’t going to be for quite some time. What Robert is also very active in his com- to 2011, to more than 1,130, from 320. I look for is a trajectory: Is the line going up munity, regularly volunteering for sev- ‘‘The decisions get made in Washington, or down? Very cautiously and very incre- eral charities in the Waco area. Robert but it’s my intention that we’re going to mentally, I see it going up. In other words, is also a world-class hurdler, and he stay pretty steady,’’ he said. ‘‘As the mili- corruption is being taken more seriously at hopes to qualify for the 2012 Olympic tary does draw down, I think our role will higher levels.’’ Team. I am personally proud of RG III even increase in importance.’’ ‘‘Does that mean we’ve turned the corner? because he is a fine Christian man and We’ll see,’’ he added. [From the New York Times, Dec. 11, 2011] Mr. Karzai’s focus on Mr. Fitrat and his jab publicly professes his faith in God. I also want to congratulate Baylor KARZAI SAYS FOREIGNERS ARE RESPONSIBLE at the United States are the latest in a series FOR CORRUPTION of similar comments he has made about the University and football coach Art Briles on a great 2011 football season. (By Alissa J. Rubin) fraud at Kabul Bank. In an interview with the German magazine Der Spiegel last week, As Coach Briles says, ‘‘great things KABUL, AFGHANISTAN.—President Hamid he also blamed the United States for Kabul come with great effort,’’ and the Karzai of Afghanistan blamed foreigners on Bank’s troubles, saying, ‘‘The Americans Sunday for the corruption of Afghan officials Baylor Nation should be justifiably never told us about this.’’ proud of their football team and coach- and demanded that the United States extra- ‘‘We believed a certain embassy was trying dite the former chief of the Afghan Central to create financial trouble for us,’’ he said. ing staff for their great effort this Bank in connection with the collapse of ‘‘We felt the whole bank scam was created by year. Kabul Bank, the country’s largest financial foreign hands.’’ Mr. Karzai declined to be Before I close, I would like to wish institution. specific, but the American Embassy is the all Americans a safe and fulfilling The former governor of the Central Bank, only one that has deeply consulted with the Christmas season and holiday season. I Qadir Fitrat, is living in Virginia. He Afghan banking system. ask that all of us continue to pray for fledAfghanistan, saying he feared for his life after he was involved in making public the f our country and our military men and massive fraud at Kabul Bank and removing CONGRATULATING ROBERT women during these difficult times. Sic ’em, Bears. its senior management. GRIFFIN, III Neither of the top bank officers nor any of f the major shareholders, who include a broth- The SPEAKER pro tempore. The er of Mr. Karzai’s and a brother of the first Chair recognizes the gentleman from THE OBLIGATION OF EVERY vice president, Marshal Fahim, have been Texas (Mr. FLORES) for 5 minutes. CITIZEN prosecuted, although all of them are still in Mr. FLORES. Mr. Speaker, I rise The SPEAKER pro tempore. The Afghanistan. today to congratulate a constituent of Chair recognizes the gentleman from Referring to Mr. Fitrat, Mr. Karzai said, Texas District 17. His name is Robert New York (Mr. RANGEL) for 5 minutes. ‘‘The government of the United States Griffin, III, of Baylor University in Mr. RANGEL. Mr. Speaker, as we should cooperate and hand him over to us.’’ ‘‘Bring Fitrat and hand him over to Af- Waco, Texas, and he is the recipient of move toward the close of this congres- ghanistan to make clear who is to blame,’’ the 2011 Heisman Memorial Trophy. sional session, I have been embarrassed he said. ‘‘But our hand can’t reach to Amer- The son of two U.S. Army sergeants, at the number of people that have rec- ica.’’ RG3, as he is more popularly known, ognized me and ask, What’s wrong with

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.014 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8908 CONGRESSIONAL RECORD — HOUSE December 14, 2011 the government? What’s wrong with the Old and New Testament. It’s the ment insurance and blocking the ad- the Congress? Why can’t you people get Koran. It’s the Torah. It’s Muslims. It’s ministration from moving forward on along? And it’s very difficult and em- Mormons. It’s Christians and it’s Jews. environmental protections that will barrassing to tell them that you really It’s there. And it would seem to me if help our families breathe, drink, and need all parts of the government work- our clergy missed this wonderful oppor- live more healthfully. ing together, pushing the boat forward tunity before the Holy Spirit, not to Now, today, we heard from the House and rowing in the same direction. And tell us what to do but to tell us what holiday humbugs that the big problem when you have somebody that’s al- they think is the right thing that we facing the unemployed that House Re- ready said that their primary mission should be doing. publicans tried to fix yesterday was as Members of the United States Con- And so, as we move into the holidays, drug testing for the unemployed. gress is to get rid of the President, how please don’t think that we’ve got the b 1040 that is interpreted legislatively is it other side convinced that they should means that the President cannot offer give relief for unemployed people who Well, Mr. Speaker, the problem for them anything that would look like paid into a system and who lost their the unemployed isn’t drugs, it’s a job. he’s accomplishing something positive jobs through no fault of their own. And in the absence of a job, it’s an un- because it would interfere with their Please don’t think that they want to employment check. primary goal, which is not economic protect Social Security and that they So for the holidays, my Republican growth, not jobs and not helping people want to protect Medicaid and Medi- colleagues put on their list a proposal out when they need a hand up, but it care. No. That’s our job to do it. But that would dip further into the pockets has to show that we want to get rid of it’s your job to remind us that we have of low and middle-income families that Obama. And you can see that even the this obligation to do it. buy health insurance in the new health candidates that want to fill his job, And so you’re right if you stop us in exchanges. And during this holiday they’re not talking about what they’re the street and say that we’ve lost season, at a time in our Nation’s econ- going to do, but the whole campaign is credibility—all of government, the omy when consumption has grown by against the President. President, the candidates for Presi- only 5 percent since June 2009, our Hol- Now, some people believe, as those on dent, the Democrats and the Repub- iday Humbug proposal by Republicans television, that for all practical pur- licans. But what about you? Will you would cut holes in the pockets of mil- poses we should not expect that we’ll be able to say that you joined in this lions of our Nation’s consumers. be able to give assistance to our var- effort? Will you be able to say you The legislation passed in the House ious communities throughout the made that telephone call or visited yesterday would freeze the compensa- country because the campaign has that office? I hope you do. And you can tion of 2.65 million Federal employees started, and so therefore no legislation count on many of us that are waiting all across this country, Federal em- is going to pass. That’s just not so, and for that type of support. We need it. ployees who are consumers, Mr. Speak- you don’t have to wait until an elec- Thank you. God bless America. er. So while the special interests and the Wall Street fat cats and the big oil tion. f We haven’t been sent down here just companies are enjoying their large to please our voters for what happens HOUSE HOLIDAY HUMBUGS Christmas bonuses, Federal employees in 2012. Each and every day, you have a The SPEAKER pro tempore. The who have already contributed $60 mil- right—and an obligation—to call the Chair recognizes the gentlewoman from lion in forgone pay for deficit reduc- person that you have sent down here to Maryland (Ms. EDWARDS) for 5 minutes. tion will be required to give up even Washington. And if you haven’t, some- Ms. EDWARDS. Mr. Speaker, as fam- more. one did. Everybody has a Member of ilies prepare for the holidays, many The Republican plan hits struggling this House and two Members in the will gather to watch some of our favor- families even harder. In fact, the bill other body. Why can’t you pick up the ite holiday movies. In my family, we passed yesterday by our holiday hum- phone to tell them that what they do always enjoyed watching ‘‘How the bugs eliminates 40 weeks of unemploy- in this year before the holidays and Grinch Stole Christmas,’’ tuning into ment insurance. The funding for this what they don’t do is going to make a ‘‘A Christmas Carol,’’ and one of my fa- program not only helps families check big difference in terms of how you vote vorites, ‘‘It’s a Wonderful Life.’’ off items on their Christmas list— when that opportunity comes? So you Well, Mr. Speaker, it won’t be nec- things like rent, things like childcare, can put the pressure on. essary to visit the local Redbox or and things like groceries—but the And I might add this too. It is not scour the TV Guide listings or order funding brings money back into the just the voters that have this obliga- the movies on Netflix. Americans American economy. In fact, the Con- tion to help those that are lesser across this country can tune in to C– gressional Budget Office estimates that among us, it’s not those that are wait- SPAN and watch our own version of every dollar of benefits spent on unem- ing for a little help, but the Repub- the Grinch and Ebenezer Scrooge and ployment compensation generates licans say that the only way you get Henry Potter, our House holiday hum- about $2 of additional economic activ- the help is to cut back in health care, bugs right here on the floor of the ity. That’s money directly into our is to support the Keystone oil pipeline. House of Representatives. economy. All of these things, people don’t go to The American people can only hope, The Republican proposal passed in sleep at night wondering about a pipe- however, that they can redeem them- the House yesterday would eliminate line. They want to know are they going selves, our holiday humbugs, the way over $22 billion in economic growth and to get any help from their government. these characters did. But I fear that’s result in the loss of 140,000 jobs in 2012. And the issues really don’t affect the not possible. That’s what happened in this House very, very rich. They affect the very, Yesterday, House Republicans yesterday. My colleague, SANDER LEVIN very poor and those in the middle class brought to the floor a payroll tax cred- from Michigan, recognized that the that are being pushed into poverty it and an unemployment insurance pro- legislative ‘‘holiday gift’’ that the Re- where one out of five kids in the United posal trimmed in controversial riders publicans thought they were providing States of America is born into poverty. and deceit. The holiday humbugs, the the American worker this Christmas is I am suggesting that this is not just GOP leadership, decorated the payroll just one big lump of coal. Their pro- a plea for economic justice or equity in tax credit and unemployment insur- posal would leave millions of Ameri- how we tax people, but it is a moral ance bill with a controversial Keystone cans out in the cold this holiday season issue that we should be hearing from pipeline rider to sweeten the deal for while imposing additional barriers to our clergy. I’m not talking about their caucus. But that wasn’t enough. receiving assistance and diminishing Democrats and Republicans. I’m talk- The majority gilded the proposal with the protections of unemployed work- ing about Matthew, where Jesus said cuts to essential health care reform ers. it’s how you treat the lesser among us funding, a freeze in Federal employee Throughout the day yesterday the as to how you’re going to be judged. pay for yet another year, and a cut in holiday humbugs kept trying to point And it’s not just the Bible. It’s not just the length of emergency unemploy- to places where we could compromise.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.006 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8909 Well, the American people are asking: and make Medicaid a block grant, sac- in a speech at Fort Bragg today—and it Why not simply compromise on a clean rificing care for our seniors, our sick, moves me almost beyond words to say extension of the payroll tax credit for and our poor. The Republican budget this—the war in Iraq is finally over. 160 million workers and unemployment slashed more than $6 trillion—with a After 105 excruciating months, after insurance? Why not ensure that 160 ‘‘t’’—over the next decade from Med- so much heartbreak and despair, after million hardworking families can ben- icaid, SNAP, Medicare, and many other so many shameful episodes—such as efit from the average of $1,000 they will programs supporting low- and middle- the ‘‘Mission Accomplished’’ banner, receive from the payroll tax credit— income Americans. The majority sug- Abu Ghraib, the outing of Valerie again, right into the economy. gests these drastic changes while leav- Plame, and so much more—our troops Yesterday the Republican majority ing in place tax cuts for the wealthiest are finally coming home from Iraq, all decided they would rather risk raising and $40 billion in Big Oil tax loopholes. of them. taxes and digging into the pockets of The majority’s budget would dev- Much credit goes to President Obama families all across this country. Well, astate poor communities and middle for making good on his promise. When Mr. Speaker, not even Scrooge could do class Americans. It pushes seniors into he was sworn into office, there were what we saw on the floor yesterday. In the hands of private insurance compa- 142,000 U.S. servicemembers deployed the end, our holiday humbugs—the nies and forces them to pay more out- to Iraq; by the time the calendar turns Grinch, Mr. Scrooge, and even Mr. Pot- of-pocket expenses. What we need is a in 2012, there will be zero; zero. ter—learned that there is redemption. bold approach, Mr. Speaker, to main- b 1050 It’s time for our House Republicans to taining these programs rather than But this day would not have come do the same. I urge the majority to in- finding ways to defund or derail them. unless some very brave people had spo- stead bring to the floor a sensible and Almost 6 million workers have been ken up for peace at a time when the thoughtful piece of legislation to ex- unemployed for a year or more in this polls and the conventional wisdom said tend unemployment compensation and country, so we know there is a strong that President Bush and his Iraq policy the payroll tax credit. need to extend unemployment insur- were unassailable. f ance. What we’ve seen this week makes I’ve been proud to work in particular me skeptical. Here we are at the end of REPUBLICAN AGENDA with my friends, Congresswoman BAR- one of the most unproductive congres- BARA LEE and Congresswoman MAXINE The SPEAKER pro tempore. The sional sessions we’ve had in recent his- WATERS, in establishing the Out of Iraq Chair recognizes the gentlewoman from tory. In this end of the year drama, Re- Caucus. Many of our colleagues on both Ohio (Ms. FUDGE) for 5 minutes. publicans play the role of the Grinch sides of the aisle stood shoulder to Ms. FUDGE. Mr. Speaker, after a who stole Christmas. shoulder with us, including our late year of attempts to eliminate Medicare Yesterday, the House passed a bill friend, Jack Murtha, who’s opposition and obstruct any kind of jobs bill, the that slashes unemployment insurance to the war represented a major turning Republican agenda is clear: eliminate by 40 weeks in the States that are point in the Iraq debate. the deficit at any cost, including at the hardest hit, including my own home Of course, no one displayed more expense of our most vulnerable, while State of Ohio. If signed into law, bene- courage than the heroic men and adversely impacting our economic re- ficiaries without a high school degree women who served in Iraq with honor covery. would be denied insurance unless they and selflessness. They present the best More than 1.6 million American chil- use the benefits we’re giving them to our Nation has to offer. I only wish dren were homeless at some point in pay for getting their GED. The bill also that their elected leaders had served 2010. These are children under the age allows States to force recipients to them better over the last decade. of 18 living in emergency shelters or in take drug tests. But, Mr. Speaker, we must be care- shared housing, and many are living on In 2010, unemployment benefits kept ful. We must be careful about turning the street. Now, in 2011, the number of 3.2 million Americans—including near- this into an occasion of triumph or homeless children continues to in- ly 1 million children—from falling into celebration. The end of the Iraq War is crease. There are more homeless chil- poverty. I don’t even want to imagine welcome, but tragically, overdue. Too dren today than after the natural dis- the magnitude of the problem if we fail much has been lost in precious Amer- asters of Hurricanes Katrina and Rita. to extend unemployment insurance ican blood, in badly needed public The recession’s economic devastation now. treasure, and in our moral core as a has left 1 in 45 children homeless, mil- During this holiday season more than Nation. The end of this war comes too lions of Americans are out of work, and ever, Americans feel there is no way late for nearly 4,500 Americans whose we have pushed unemployment rates to out. Last week, a woman in Texas, who parents, spouses, children, and friends levels not seen in decades. was originally from the State of Ohio, will miss them desperately this holiday We continue to see poverty soar. In killed herself and shot her two children season and every other day of the year. 2010, nearly one in six Americans was because they were denied SNAP bene- Many thousands more are home from living in poverty. As poverty surged to fits. One of those children has died. Mr. Iraq with broken minds and bodies, its highest level since 1993, median Speaker, this is desperation, homeless- with scars they will carry for the rest household incomes declined, which is ness at its worst. of their days. We must keep our prom- why it is maddening to me that we in f ise to them to provide the benefits that Congress can’t agree or even come to a they so need and deserve. point where we can agree to com- THE END OF THE IRAQ WAR: WEL- I don’t know how we atone for the promise on policies that will help COMED BUT TRAGICALLY OVER- deaths of thousands upon thousands of struggling Americans. DUE innocent Iraqi civilians. Our military In the 49 weeks since the Republicans The SPEAKER pro tempore. The occupation in Iraq is over, but our bi- took control of this House they have Chair recognizes the gentlewoman from lateral engagement with Iraq most cer- failed to pass a single bill to encourage California (Ms. WOOLSEY) for 5 min- tainly will go on. There is still plenty job growth. They pledged to focus on utes. of human need in Iraq, and we must economic recovery, but they have Ms. WOOLSEY. Mr. Speaker, since have an obligation to help alleviate failed to deliver. I have sponsored four the spring of 2004 I’ve stood here in this that. jobs bills in the last 6 months, but none very spot 415 times to call for an end to It is critical that the United States of them has been brought up for a vote. foreign wars and the start of a new, be a peaceful and constructive partner What the majority has done is try to smarter approach to national security. with Iraq, investing in development, advance their own political agenda. In most of those speeches my tone has providing the civilian support that will Their priority is clear: eliminate the been one of insistence and beseeching. empower its people, and strengthening deficit at any cost on the backs of the Seldom have I been able to echo good its democratic institutions. Now is the most vulnerable. news or declare a sense of accomplish- moment. Now, more than ever, we This year, Republicans proposed a ment, but Mr. Speaker, today is dif- must move to a smarter security in budget that would privatize Medicare ferent. As the President will reaffirm Iraq.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.008 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8910 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Finally, it is critical to remember with the greatest of people, it’s with PRAYER that the end of the Iraq War does not much sadness and disappointment that The Chaplain, the Reverend Patrick mean we are a Nation at peace. The we have to announce that we will be J. Conroy, offered the following prayer: war in Afghanistan lingers on, vio- closing December 31, 2011. Gracious God, we give You thanks for lently and senselessly, still under- ‘‘You all know that we served the giving us another day. mining our national security and private sector. We’ve enjoyed working You have blessed us with all good weakening our country. We must, Mr. with industry, aviation, and all private gifts, and with thankful hearts we ex- Speaker, move more quickly than ever businesses and entrepreneurs. We al- press our gratitude. You have created to end that conflict. ways felt that you were the pulse of us with opportunities to serve other It is time to bring our troops home, the whole USA. It’s sad to say that, people in their need, to share together all of our troops, safely home, now. through no fault of yours, that this in respect and affection, and to be f pulse has slowed to a level that can no faithful in the responsibilities we have longer sustain the quality of service we ADMINISTRATIVE OVER- been given. have always felt obligated and more REGULATION We wish to acknowledge before You, desired to provide. O God, the sacrifice of so many Amer- The SPEAKER pro tempore. The ‘‘Our government is wonderful in ican men and women and many allies Chair recognizes the gentleman from that it provides for our common de- during many years of our commit- Illinois (Mr. SHIMKUS) for 5 minutes. fense, our highway infrastructures and Mr. SHIMKUS. Mr. Speaker, it’s an ments in Iraq. We thank them, and a few other worthy endeavors. How- You, for their service and ask for Your honor to follow my friend and col- ever, they are, in fact an expense, an league from California who’s retiring continued blessing upon them as they expense that we should enjoy funding. now live into a future more secure be- at the end of the Congress, which is an- Though when they lose sight of the other year. Even though we disagree cause of their efforts. true fact that we in the private enter- In this moment of prayer, please probably too many times to count, no prise pay the bills and do not support one questions her passion and her com- grant to the Members of this people’s an environment in which we can flour- House the gifts of wisdom and discern- mitment, and her moral consciousness ish with the fruits of our hard work, of doing the right thing. So give me a ment, that in their words and actions the funding will soon cease to exist. they will do justice, love with mercy, chance to publicly state that, and I ‘‘Government cannot produce rev- look forward to serving with you in the and walk humbly with You. enue or prosperity, but they, like us, May all that is done this day be for final year together. could enjoy both if they look at them- Mr. Speaker, I come to the floor to Your greater honor and glory. selves as any other hired service orga- Amen. read a letter from a businessman in nization that has to be worth the southwestern Illinois who is closing up money they are getting paid. That’s f the business. the way all of us have to operate and But even more timely than that was what gives us pride in what we do. THE JOURNAL a Wall Street Journal editorial today. I ‘‘God bless you. Thank you. And we The SPEAKER. The Chair has exam- mean, I was bringing the letter down pray that we all find American leader- ined the Journal of the last day’s pro- anyway, so then I decided, looking at ship to restore the pulse and pressure ceedings and announces to the House the Wall Street Journal editorial. And of the great private sector and the his approval thereof. it’s titled, ‘‘Regulation For Dummies.’’ American Entrepreneur again. You are Pursuant to clause 1, rule I, the Jour- The White House says its rulemaking the Heartbeat of America. Again, God nal stands approved. isn’t costly or unusual. The evidence bless you.’’ shows otherwise. And so, these two written, one col- f First paragraph. ‘‘The White House is umn, one letter, occurring simulta- PLEDGE OF ALLEGIANCE on the political offensive, and one of its neously almost, highlighting the point chief claims is that it isn’t the over- that it is this regulatory regime The SPEAKER. Will the gentleman regulator of business and Republican pushed on by the executive branch that from Georgia (Mr. GRAVES) come for- lore. This line has been picked up by an is, if not outright destroying jobs, it’s ward and lead the House in the Pledge impressionable columnist, so it’s a making it very difficult for jobs to of Allegiance. good time to consider the evidence in flourish. That’s why in the bill last Mr. GRAVES of Georgia led the some detail.’’ So they go through the night we moved the Keystone XL pipe- Pledge of Allegiance as follows: analysis. line, connected with the Boiler MACT. I pledge allegiance to the Flag of the It ends up by saying the evidence is That’s why we’ve done some other bills United States of America, and to the Repub- so overwhelming that the Obama regu- lic for which it stands, one nation under God, to, at least legislatively, put barriers indivisible, with liberty and justice for all. latory surge is one reason the current into the excesses of the regulatory re- economic recovery has been so lack- gime here from the executive branch. f luster by historical standards. Rather Mr. Speaker, I think this was timely than nurture an economy trying to re- to come down to the floor and share MESSAGE FROM THE SENATE build confidence after the financial this letter, and I thank you for the A message from the Senate by Ms. heart attack, the administration time. Curtis, one of its clerks, announced pushed through its now famous blitz of f that the Senate has passed without liberal policies on health care, finan- amendment a bill of the House of the cial services, energy, housing, edu- RECESS following title: cation, and student loans, telecom, The SPEAKER pro tempore. Pursu- H.R. 2845. An act to amend title 49, United labor relations, transportation, and ant to clause 12(a) of rule I, the Chair States Code, to provide for enhanced safety probably some other industries we’ve declares the House in recess until 12 and environmental protection in pipeline forgotten. Anyone who thinks this has noon today. transportation, to provide for enhanced reli- only minimal impact on business has Accordingly (at 10 o’clock and 58 ability in the transportation of the Nation’s energy products by pipeline, and for other never been in business. minutes a.m.), the House stood in re- Now, the column was dated December purposes. cess until 12 noon. 14. This letter was dated December 7. The message also announced that the ‘‘You are the finest customer that we f Senate has passed with amendments in have served or you are one of the finest b 1200 which the concurrence of the House is professionals that have served these requested, a bill of the House of the fol- AFTER RECESS customers. lowing title: ‘‘After 61 years, of which 58 were The recess having expired, the House H.R. 2867. An act to reauthorize the Inter- wonderful years in the construction was called to order by the Speaker at national Religious Freedom Act of 1998, and business and having been associated noon. for other purposes.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.010 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8911 ANNOUNCEMENT BY THE SPEAKER so that we can protect our capability and supported it in separate legisla- The SPEAKER. The Chair will enter- gains and ensure our communities are tion. The XL pipeline makes both en- tain up to 15 requests for 1-minute properly secured. ergy and economic sense for our coun- speeches on each side. f try, and I hope the administration will find a way to allow the construction to f THE PEOPLE WORRY ABOUT BIG commence in some States while still KEYSTONE WILL PRODUCE JOBS GOVERNMENT revisiting the route in Nebraska. (Mr. WILSON of South Carolina (Mr. POE of Texas asked and was I urge my colleagues to stand in sup- asked and was given permission to ad- given permission to address the House port of the over 13 million Americans dress the House for 1 minute and to re- for 1 minute.) looking for work this holiday season vise and extend his remarks.) Mr. POE of Texas. Mr. Speaker, some and pass a clean extension of the unem- Mr. WILSON of South Carolina. Mr. Americans worry about big labor; oth- ployment insurance program. Speaker, yesterday the President an- ers worry about big business. But what f really scares most Americans is the nounced he will veto the payroll tax KEYSTONE PIPELINE extension bill passed by House Repub- massive Federal Government snooping around, meddling and controlling every (Mr. GRAVES of Georgia asked and licans due to the inclusion of the Key- aspect of people’s lives. was given permission to address the stone pipeline construction. The Presi- According to a Gallup Poll released House for 1 minute and to revise and dent campaigns for jobs, but will sadly this week, the overwhelming majority, extend his remarks.) veto a jobs bill. 64 percent, of those surveyed think Mr. GRAVES of Georgia. Mr. Speak- This fall, I was fortunate to visit Al- that Big Government will be the big- er, I rise to give thanks today to my berta, Canada, and witnessed firsthand gest threat to the country in the fu- House colleagues, who yesterday, in bi- the environmental safeguards to de- ture. It’s worth noting that about half partisan fashion, moved to start con- velop Canadian oil sands. The construc- of those people who participated were struction on the Keystone XL pipeline, tion of this environmentally advanced Democrats that agreed that Big Gov- because this is truly a shovel-ready pipeline will create at least 120,000 new ernment is the problem. No surprise. project that will provide good jobs and American jobs without costing tax- When I meet with my neighbors in secure energy for Americans. payers a dime and will stimulate our southeast Texas, their message for the The Keystone pipeline will create economy. Federal Government is clear: back off. nearly 100,000 private sector jobs once Walter C. Jones in The Augusta Stop saddling expensive, job-killing, completed—20,000 of those jobs gen- Chronicle reports that refined oil prod- and unnecessary regulations on busi- erated just to construct the pipeline, ucts with no pipeline will be denied to nesses. with 50 companies in Georgia bene- South Carolinians at a north Augusta The mere phrase, I’m from the Fed- fiting from this. And once it’s finished, terminal. With a record unemployment eral Government and I’m here to help this pipeline will pump 700,000 gallons rate of over 8 percent for 34 months and you, brings fear and trepidation into of crude oil a day from our friend and over 13 million Americans looking for the hearts and souls of small business neighbor, Canada, a good, reliable, and jobs, it is very sad the President would owners and individuals throughout the secure supply of oil. veto legislation creating jobs. fruited plain. After all, the Constitu- The environmental impact state- In conclusion, God bless our troops, tion says we the people are to control ments have been completed and the and we will never forget September the government, not the other way around. path for the pipeline has been deter- 11th in the global war on terrorism. Government should not run roughshod mined. The only thing standing in the f over our personal liberty. way is politics. President Obama has PRESERVING UASI CAPABILITY And that’s just the way it is. postponed his decision on whether the GAINS CAUCUS f private sector can build this pipeline until after the next election. If it’s MIDDLE CLASS TAX RELIEF AND (Mr. HIGGINS asked and was given good enough after the election, surely JOB CREATION ACT permission to address the House for 1 it’s good enough today. minute.) (Mr. GENE GREEN of Texas asked Good jobs. Secure energy. No cost to Mr. HIGGINS. Mr. Speaker, as a and was given permission to address the taxpayers. It’s a no-brainer. member of the Committee on Home- the House for 1 minute and to revise f land Security, I rise to express my con- and extend his remarks.) cern about the direction of the Urban Mr. GENE GREEN of Texas. Mr. MAJORITY RISKING TAX CUTS Area Security Initiative program. Speaker, during this season of giving, (Mr. SIRES asked and was given per- UASI was created to develop capa- when our Nation should be reflecting mission to address the House for 1 bilities to prevent and to respond to at- on the needs of our friends and neigh- minute.) tacks and catastrophes in our most bors who are out of work struggling to Mr. SIRES. Mr. Speaker, yesterday vulnerable cities. The program has provide for their loved ones, this Cham- the majority unwisely gambled with helped develop joint initiatives among ber yesterday voted to cut unemploy- the economic security of the middle local governments in my community of ment benefits for 1 million of our fel- class. They voted on legislation that Buffalo-Niagara. We have an obligation low Americans. was designed to fail, fully knowing to protect this investment and the ca- The House majority’s bill would that it will be dead on arrival in the pability gains developed across the eliminate several tiers of benefits cre- Senate and vetoed by the President. country. Yet recent drastic cuts in the ated under the Emergency Unemploy- By tieing the extension of the payroll UASI funding have resulted in the ment Compensation program, which tax to controversial and unrelated poli- elimination of 32 of the 64 urban areas has provided up to 99 weeks of support cies, the majority is playing a dan- from the program. That puts the pre- for those who lost their jobs through gerous game that could result in tax paredness and security capability gains no fault of their own. hikes for 160 million workers. More- we’ve achieved at risk. If this legislation becomes law, the over, by attaching the Medicare doc fix In order to raise awareness of this maximum potential unemployment to the same divisive policy, they have problem, this week I formed the Pre- benefit will fall by 40 weeks. This legis- endangered seniors’ access to their doc- serving UASI Capability Gains Caucus lation would also allow States, many of tors. with Congressman STEVE STIVERS of which are struggling to balance their We must support a clean extension of Columbus, Ohio. I also introduced leg- budgets, to reduce the average weekly the payroll tax holiday and the unem- islation to preserve the capability amount available to beneficiaries. With ployment insurance that is not paid for gains achieved by communities like over 8 percent unemployment, I’m through increased health care costs for Buffalo that were dropped from the strongly opposed to any reduction in seniors or at the expense of public UASI program. emergency unemployment insurance. health. If we fail to pass a clean exten- I urge my colleagues who represent I am a proud supporter, though, of sion of the payroll tax holiday or un- UASI communities to join our caucus moving the XL pipeline project forward employment benefits, the average

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.013 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8912 CONGRESSIONAL RECORD — HOUSE December 14, 2011 American family will lose a tax break member of the Connecticut National motely affect Social Security, yet worth $1,000 and our economy will lose Guard, a professional boxer, and a ship- we’re willing to pass another payroll $30 billion as the unemployed will lose fitter at Electric Boat shipyard. tax cut that adds to the difficulty of much needed assistance. What initially started as a small funding our system. Now is not the time to play risky project has gained international atten- Oh, no. We’re going to issue some games with our economy. We must pass tion. Selling the original 750 copies in IOUs. I don’t think there is a single a clean extension of the payroll tax and just 2 weeks, he’s been contacted by American out there that believes that continue assistance for the unem- film producers, TV stations, and audio another IOU is a good thing for Social ployed. book companies, alike, who want to Security. We have got to stop bor- f share his story with the world. rowing against our Social Security. It has been quite a long journey from Not only that, the payroll tax, you b 1210 being unable to read and write to being get only 60 cents back for every dollar SUPPORT THE KEYSTONE XL a source of inspiration to young writ- you invest. I don’t think that’s a very PIPELINE PROJECT ers and a beacon of hope for those good investment. President Bush tried struggling with their own literacy. that in 2008, and there was no change in (Mr. GINGREY of Georgia asked and I urge my colleagues to read this consumption. was given permission to address the amazing book, and I salute Captain What we should be doing is focusing House for 1 minute and to revise and Henry for his amazing accomplish- on unemployment, where you get $1.60 extend his remarks.) ment. back in economic activity for every Mr. GINGREY of Georgia. Mr. Speak- f dollar you put in, just like the Presi- er, as my colleague from west Georgia, dent asked for. And we should have a REGULATIONS Congressman GRAVES, just said, the more robust doc fix that makes sure House took action yesterday to boost (Mr. PITTS asked and was given per- seniors and doctors get paid what they our economy and create jobs. And I mission to address the House for 1 need to keep Medicare solvent. stand before you now to implore Sen- minute and to revise and extend his re- f ate Democrats and President Obama, marks.) follow suit and to support the Keystone Mr. PITTS. Mr. Speaker, throughout THE MIDDLE CLASS TAX RELIEF pipeline project. The pipeline, which this year, House Republicans have been AND JOB CREATION ACT has been delayed for more than 3 years fighting for job creation, working to (Mr. DESJARLAIS asked and was by this administration, would be a crit- prevent the Federal Government from given permission to address the House ical step towards energy independence damaging our economy and job growth. for 1 minute.) and job creation in the United States. The present administration has tried Mr. DESJARLAIS. Last night the This pipeline would transport 1.4 mil- to downplay the effect new regulations House passed jobs bill number 28 that lion barrels of oil per day from Canada will have on companies struggling in is now awaiting action from President down to the gulf coast refineries, dras- the weak economy. Today’s Wall Obama and the Democratic-controlled tically reducing our reliance on Middle Street Journal documents efforts of Senate. East imports and create, yes, more the White House Office on Information The Middle Class Tax Relief and Job than 100,000 jobs nationwide. This does and Regulatory Affairs to muddy the Creation Act will protect American include Georgia, where Keystone fuel waters about regulations. workers from higher taxes while ensur- would be shipped by existing pipelines The official Obama administration ing that resources are not taken from to terminals in Atlanta, Rome, Au- compilation of regulations ignores sig- the Social Security trust fund to pay gusta, Athens, as well as to other east nificant institutions such as the Na- for this relief. Most importantly, this coast customers. tional Labor Relations Board and the legislation includes a measure that The time to act is now, Mr. Speaker. Securities and Exchange Commission, will support the creation of more than I urge my colleagues in the Senate and yet the number of economically signifi- 100,000 new American jobs by expe- President Obama to allow production cant rules at all stages has risen to 149, diting the creation of the Keystone XL to begin. a historic high. energy pipeline. f Vast sections of industry are waiting This Christmas season, Congress and to hear how the Federal Government the President have the opportunity to HONORING CAPTAIN JAMES will change the way they have to do give the American people the gift of HENRY business. How on earth can we expect jobs and tax relief that they need with- (Mr. COURTNEY asked and was them to hire new workers when they out spending more money that we do given permission to address the House can’t plan with this regulatory uncer- not have. for 1 minute.) tainty? It is time for President Obama to live Mr. COURTNEY. Mr. Speaker, I rise The administration can try to manip- up to his own rhetoric of ‘‘we can’t today to honor an extraordinary Amer- ulate the numbers, but there can be no wait’’ and put partisan politics aside ican, fishing Captain James Henry doubt that the Federal regulatory jug- and get Americans back to work. from the town of Mystic, Connecticut. gernaut is holding back job growth. f Captain Henry has just published his f first book, ‘‘In a Fisherman’s Lan- THE ANCIENT CHRISTIAN guage,’’ at the age of 98. THE PAYROLL TAX CUT HERITAGE IN TURKEY What’s even more extraordinary is (Mr. SCHRADER asked and was (Mr. SARBANES asked and was given that Captain Henry was illiterate until given permission to address the House permission to address the House for 1 the age of 91. But after learning the in- for 1 minute.) minute and to revise and extend his re- spiring story of George Dawson, the Mr. SCHRADER. Well, folks, your marks.) grandson of a slave who taught himself Congress is at it again. Republicans Mr. SARBANES. Mr. Speaker, I am to read and write, at the age of 98, Cap- have been talking about debt and def- saddened to report that the ancient tain Henry began his journey to lit- icit for the last year, and here we’re Christian heritage in Turkey is being eracy. A retired East Lyme English going to add nearly $200 billion in new threatened with extinction. teacher and literacy volunteer from spending to the deficit. Well, we’re When a government compromises the eastern Connecticut, Mark Hogan tu- going to use a bunch of pay-fors that right of its citizens to peaceably as- tored Captain Henry along his journey we’re setting aside for the original def- semble, the right of expression, and the and helped him edit his book. icit. right of independent thought, the peo- ‘‘In a Fisherman’s Language’’ art- This is the most disingenuous group ple of such a country are not fully free. fully weaved together the life of this of folks that I’ve seen in a long time; When a government takes the property lobsterman, sharing his stories from and to be honest, a little bit on our of citizens without just compensation his life on his grandfather’s farm in side of the aisle. We’ve been railing and due process of law, the people of Portugal, his work on the boats, a about doing anything that would re- that country are not free. And when a

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.015 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8913 government discriminates against citi- It is because of our troops and the Mr. Speaker, there is no doubt that zens on account of their religion and leadership of President Obama that Iran poses a threat to our Nation, our ethnic origins, again, freedom is de- this month we will be able to say that interests, and our allies. In the wake of nied. the war in Iraq is over, our troops are the International Atomic Agency re- While Turkey has taken some posi- coming home for the holidays with port, it is clear that the United States tive steps in recent times, freedom is their families. As we thank our troops, must take swift action to proactively not a matter of half measures. Our we also thank the families of our men enforce policies that will not only NATO ally must unequivocally and and women in uniform for the sac- deter but completely disengage the Ira- zealously defend the individual lib- rifices they have been willing to make nian regime from its hostile nuclear erties of all its citizens. for our country. proliferation program. I support passage of House Resolu- President Obama promised to end the This legislation will take steps to tion 306 to urge the Republic of Turkey war in Iraq responsibly. Promise made, adequately address Iranian nuclear to safeguard its Christian heritage and promise kept. When he took office, proliferation by taking aim at its pri- to return confiscated church prop- nearly 150,000 American troops were de- mary source of funding, its energy sec- erties. ployed in Iraq. This month our troop tor, adding more rigorous financial and f presence will wind down to just around energy sanctions, including a provision a few thousand. In winding down the that will allow judicial sanctions on IT’S TIME TO STAND WITH THE war, the President honored the wishes those that conduct business in Iran’s AMERICAN WORKER of the American people. petroleum industry. (Mr. HUIZENGA of Michigan asked As we mark the end of the war, we As Iranian nuclear threats continue and was given permission to address honor the nearly 4,500 Americans who to evolve, so should the United States’ the House for 1 minute.) made the ultimate sacrifice in Iraq. ability to address those threats. I urge Mr. HUIZENGA of Michigan. Mr. Tens of thousands more have been my colleagues to support this impor- Speaker, I rise today to implore my wounded. We will never forget those tant legislation. colleagues in the Senate and to the who were lost in the war. We will for- f President, it’s time to stand with the ever be grateful to them and to their families. EXTENDING UNEMPLOYMENT American worker. We’re talking about ASSISTANCE adding 20,000 jobs as we approved the I’m from Baltimore, Maryland. When Keystone pipeline coming from Al- my father was mayor, they built Balti- (Mr. CICILLINE asked and was given berta, Canada, down to the gulf shore. more stadium. What would they call it? permission to address the House for 1 But Canada’s already a leading source The consensus name was Baltimore minute.) of our oil. They actually give us more Memorial Stadium to honor those who Mr. CICILLINE. Mr. Speaker, mil- oil and produce more oil than Saudi made so much sacrifice for our coun- lions of hardworking Americans have Arabia. try. General Pershing said, and that lost their jobs in this economic crisis Michigan is actually an excellent ex- was engraved on Baltimore Memorial through no fault of their own. But ample of what happens with that part- Stadium, ‘‘Time will not dim the glory rather than standing up and helping nership. Enbridge, which is actually a of their deeds.’’ Time will not, indeed, struggling Americans, yesterday this competitor to TransCanada right now, dim the glory of those who served and Chamber advanced a bill doomed to fail is already looking at increasing its ca- sacrificed in Iraq. because of all of the unrelated and con- pacity and expanding its pipeline; Mar- I’m particularly proud to have pre- troversial riders that were attached. athon Refineries, looking at expanding sided over 4 years of a Congress that According to the Rhode Island State its capacity to be able to handle these made more progress for our veterans director of labor, for every two part- or Canadian crudes. and military families than has been full-time positions in Rhode Island We know that this inflow of Canadian made since the passage of the original there are seven applicants. There’s an oil is a positive thing. Zero taxpayer GI Bill in 1944. urgent need for Congress to extend dollars are going to be used for this, But our work is not done. On the bat- Federal emergency unemployment and it will be put thousands of our tlefield, the military says we will leave compensation in my State with a total American workers back to work at a no soldier behind. And when they come of 58,000 unemployed Rhode Islanders. crucial time. home, we promised, Democrats and Re- This social safety net provides a life- The oil will be extracted. The ques- publicans working together, to leave line to struggling individuals, helping tion is: Where is it going to go? Is it no veteran behind. them to pay their mortgage and utili- going to be shipped to the United Over a million of our men and women ties as well as put food on the table for States and create U.S. jobs, or is it in uniform served in Iraq. We must their families. Families like Betsy going to Asia to help fund the engine honor their service with economic op- Hamel’s in Jamestown, Rhode Island. to compete against us? portunities and the benefits they de- Betsy supports her disabled husband It’s time to stand with the American serve. We must remember that our and her severely disabled son but worker, Mr. President. commitment to our veterans is not doesn’t know how she’ll make ends while they serve or even for life. It is a meet while continuing to look for work f commitment forever, to them and their if unemployment assistance is not ex- b 1220 families. tended. We must build a future worthy of It’s time to stop playing partisan END OF THE IRAQ WAR their sacrifice. As the war in Iraq games and stand up for the millions of (Ms. PELOSI asked and was given comes to an end, we express our enor- Americans like Betsy and extend un- permission to address the House for 1 mous gratitude to those who have employment benefits now. minute.) served. Because of them, we express f Ms. PELOSI. Mr. Speaker, as we our great optimism for the future. HONORING BORDER PATROL gather here, President Obama is at f Fort Bragg honoring and thanking our AGENT BRIAN TERRY men and women in uniform for their IRAN THREAT REDUCTION ACT (Mr. QUAYLE asked and was given service in the war in Iraq and for the (Mr. HURT asked and was given per- permission to address the House for 1 sacrifices they’ve been willing to make mission to address the House for 1 minute.) to keep us the home of the brave and minute.) Mr. QUAYLE. Mr. Speaker, 1 year the land of the free. Mr. HURT. I rise today in support of ago today, U.S. Border Patrol Agent America’s brave men and women in the Iran Threat Reduction Act offered Brian Terry lost his life doing what he uniform have done everything that has by Chairman ROS-LEHTINEN of the For- had done his entire life: serving his been asked of them. They have per- eign Affairs Committee, and I thank country. A native of Detroit, Brian formed with valor, with courage, with the chairman for her leadership on this Terry served with distinction in the patriotism and a dedication to duty. issue. U.S. Marine Corps and then as a police

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.019 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8914 CONGRESSIONAL RECORD — HOUSE December 14, 2011 officer back home in Michigan. In 2007, The ‘‘Rebuild the American Dream asks seniors and people with disabil- Agent Terry was offered a job with the for the 99% Act’’ creates direct-hire ities to pay more for Medicare, but it United States Border Patrol—a job programs to put Americans back to refuses to ask millionaires and billion- he’d always dreamed of. work; provides grants for on-the-job aires to pay one more cent. Agent Terry lost his life during a training and employment services; in- Three, the bill threatens public shootout with armed thugs in Rio Rico, vests $50 billion for infrastructure health by preventing the Environ- Arizona—just north of the Mexican projects; creates a national infrastruc- mental Protection Agency from regu- border. Shortly after his death, his sis- ture bank; improves ‘‘buy American’’ lating dangerous mercury and other ter, Michelle, told the Associated provisions; ends the practice of foreign emissions, and then it goes a step fur- Press, ‘‘His dream all his life was to be currency manipulation; protects ther by threatening the public health a Federal agent. It was always, ‘I want wounded veterans from job discrimina- by cutting the Prevention and Public to be a cop. I want to get the bad guys.’ tion; extends unemployment insurance, Health Fund. It was his life. He said it was dan- including for people at 99 weeks; and H.R. 3630 is a political statement, not gerous, but he loved what he did and supports the TANF emergency contin- a serious proposal. What a statement wanted to make a difference.’’ gency fund to help States pay for the to make—more support for dirty air Mr. Speaker, we will never forget cost of hiring unemployed workers. We and water, increased health care costs Agent Terry and the sacrifice he made. can do these things. The ‘‘Rebuild the for middle-income people, and less help We will continue to keep his family in American Dream Act for the 99% Act’’ for those struggling to find jobs. our thoughts and prayers. does it. f f f NO VETERAN DIES ALONE AFFORDABLE HEALTH CARE ACT b 1230 PROGRAM (Mrs. DAVIS of California asked and H.R. 3650, ZERO TOLERANCE FOR (Mr. COSTA asked and was given per- was given permission to address the CHILD SEXUAL ABUSE mission to address the House for 1 House for 1 minute.) minute and to revise and extend his re- Mrs. DAVIS of California. Mr. Speak- (Ms. JACKSON LEE of Texas asked marks.) er, as we hear from Members of this and was given permission to address Mr. COSTA. Mr. Speaker, I rise today House every day, I thought it would be the House for 1 minute.) to pay tribute to the No Veteran Dies refreshing to bring the people’s voice Ms. JACKSON LEE of Texas. Mr. Alone program at the veterans hospital directly to this floor. So I asked my Speaker, in the calamity of news re- in Fresno, California. constituents to send me their thoughts ports proliferating across America re- During the holiday season, it is ap- that I could deliver as a 1-minute garding the epidemic proportions of propriate to give thanks. Members of speech. child sexual abuse, I introduce Zero The following is from Susan Sigmund Tolerance For Child Sexual Abuse, the military follow the sacred oath of of San Diego, who sent me this on the H.R. 3650. I ask my colleagues to join ‘‘leave no man behind.’’ The No Vet- Affordable Care Act to be reviewed by me for a national statement of abhor- eran Dies Alone program follows the the Supreme Court. She offered: ‘‘Being ring and standing against the abuse of ethos that ensures all veterans know given the opportunity to speak before our children. that they are not forgotten in their re- you, I wanted to make these 60 seconds On a much happier topic, I thank our maining days. witty, timely, and relevant to all. Hav- leader for her comments on our return- Men and women, some of whom work ing failed at that, I will simply discuss ing troops, and I look forward to intro- at the hospital, volunteer their time to my main concern right now. It’s the fu- ducing a resolution thanking and con- care for those who have worn the uni- ture of the health care law. The Su- gratulating our returning troops, hav- form of the U.S. military. This innova- preme Court could strike it down next ing one day or two days in which our tive volunteer program helps our vet- year. Members will join me in wearing a yel- eran hospice patients spend their final ‘‘I have a preexisting health condi- low ribbon and, as well, commemo- days in friendship and warmth. tion and will die in about 3 years un- rating the return of our wonderful During the holiday season, may we less I am able to buy a health insur- troops and thanking their families seek to lead lives as compassionately ance policy. I’m sure I am one of many from wherever they have come for this as the volunteers who selflessly serve facing this bleak possibility. holiday season. our veterans in the No Veteran Dies ‘‘As I understand it, if the mandate What greater gift than the men and Alone program. section requiring a policy goes, so goes women who have served on the front f the provision barring preexisting con- lines to honor us by their presence here SUPPORTING THE PRIMARY CARE dition discrimination. If the time in the holiday season. Our message WORKFORCE ACCESS IMPROVE- comes, please do the honorable thing should be ‘‘no silent State, no silent MENT ACT and vote to allow your constituents neighborhood, no silent community’’ in with preexisting conditions to buy reference to honoring them as they (Mrs. MCMORRIS RODGERS asked health care insurance. Lives depend on come home. and was given permission to address the House for 1 minute and to revise it. Thank you.’’ f Mr. Speaker, I want to thank Mrs. and extend her remarks.) Sigmund for bringing to the House her OPPOSING H.R. 3630, MIDDLE Mrs. MCMORRIS RODGERS. I rise thoughts on health care. CLASS TAX RELIEF AND JOB today to urge support for the Primary CREATION ACT Care Workforce Access Improvement f (Ms. SCHAKOWSKY asked and was Act. REBUILD THE AMERICAN DREAM given permission to address the House This bipartisan bill, which I’ve intro- FOR THE 99% ACT for 1 minute.) duced with my colleague Mr. THOMPSON (Mr. ELLISON asked and was given Ms. SCHAKOWSKY. Why did I vote from California, will ensure that some permission to address the House for 1 against H.R. 3630 yesterday? I could list of the most rural parts of our country minute.) many reasons, but I only have 1 minute will have greater access to doctors and Mr. ELLISON. Mr. Speaker, yester- so here are three. that the high quality of health care day Members of the Congressional Pro- One, the bill extends unemployment that we value as Americans will con- gressive Caucus introduced an impor- insurance for some jobless Americans tinue. Right now, some areas of Wash- tant bill, and it’s called the ‘‘Rebuild and then drastically cuts months off of ington State don’t have enough doctors the American Dream for the 99% Act.’’ benefits for others, and it makes all because there isn’t enough funding for This bill, this important ‘‘Rebuild the who are unemployed jump through de- their residencies. Other areas, like Gar- American Dream for the 99% Act,’’ meaning hoops in order to get any ben- field County, simply have no doctors at would create 5 million jobs, Mr. Speak- efits. all. er, over 2 years, and cut the deficit by Two, in order to reluctantly give the As cochair of the Congressional $2 trillion over 10 years. middle class a payroll tax break, it Rural Health Caucus, I can tell you

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.021 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8915 this legislation directly helps by bring- the skills needed to weaponize highly ration of the period addressed by sections 3 ing more physicians to places like east- enriched uranium. and 4 as though under clause 8(a) of rule I. ern Washington by providing creative This is extremely dangerous. Iran has b 1240 avenues for funding our graduate med- had a longstanding relationship with The SPEAKER pro tempore (Mr. ical education. It also helps solve the Hezbollah, which continues to condone YODER). The gentleman from Utah is longer-term problem of too few doctors violence as a political tactic; and Iran recognized for 1 hour. in rural areas, because studies show is continuing to be the major bulwark Mr. BISHOP of Utah. Mr. Speaker, that, when people do their residencies of support for the brutal crackdown by for the purpose of debate only, I yield in the rural areas, they’re more likely the Syrian Government on the demo- the customary 30 minutes to the gen- to practice in the rural areas. cratic aspirations of its people. tleman from Florida (Mr. HASTINGS), I urge the support of this legislation, I urge my colleagues to support the pending which I yield myself such time and I thank Mr. THOMPSON for joining Iran Threat Reduction Act. as I may consume. During consider- me in introducing it. f ation of this resolution, all time yield- f CONFERENCE REPORT ON H.R. 1540, ed is for the purpose of debate only. RELUCTANT OPPOSITION TO THE NATIONAL DEFENSE AUTHORIZA- GENERAL LEAVE NATIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 2012 Mr. BISHOP of Utah. I ask unani- TION ACT OF 2012 Mr. BISHOP of Utah. Mr. Speaker, by mous consent that all Members may (Mr. MORAN asked and was given direction of the Committee on Rules, I have 5 legislative days during which permission to address the House for 1 call up House Resolution 493 and ask they may revise and extend their re- minute.) for its immediate consideration. marks. Mr. MORAN. Mr. Speaker, I rise in The Clerk read the resolution, as fol- The SPEAKER pro tempore. Is there reluctant opposition to the National lows: objection to the request of the gen- tleman from Utah? Defense Authorization Act of 2012, H. RES. 493 There was no objection. which we will be voting on today. Resolved, That upon adoption of this reso- The bill does include provisions that lution it shall be in order to consider the Mr. BISHOP of Utah. Mr. Speaker, are vital to our national defense, but it conference report to accompany the bill this resolution provides a standard also includes provisions that present a (H.R. 1540) to authorize appropriations for conference report rule and other end- false choice between our safety and our fiscal year 2012 for military activities of the of-the-year housekeeping provisions. values. Department of Defense, for military con- H.R. 1540, the National Defense Au- Section 1021 would authorize the in- struction, and for defense activities of the thorization Act for 2012, has been con- definite military detention of all ter- Department of Energy, to prescribe military sidered in committee. It was debated personnel strengths for such fiscal year, and on the House floor. It included 152 rorism suspects. Allowing the United for other purposes. All points of order States military to detain individuals, against the conference report and against its amendments made in order before pass- some of whom may be innocent, with- consideration are waived. The conference re- ing this Chamber, and that was done in out charge or trial during this endless port shall be considered as read. The pre- May with an overwhelming and bipar- war on terrorism undermines our most vious question shall be considered as ordered tisan majority. It went through the defining principles as a Nation of indi- on the conference report to its adoption Senate. And now we bring to you today vidual freedom and justice for all. without intervening motion except: (1) one a bipartisan conference report. Mr. Speaker, our civilian law en- hour of debate; and (2) one motion to recom- I have to commend the chairman of mit if applicable. forcement agencies have proven them- the Armed Services Committee, the SEC. 2. It shall be in order at any time selves capable of apprehending, inter- through the remainder of the first session of gentleman from California (Mr. rogating, and prosecuting terrorism the One Hundred Twelfth Congress for the MCKEON), as well as the ranking mem- suspects. In fact, civilian courts have Speaker to entertain motions that the House ber, the gentleman from Washington overseen the successful prosecution of suspend the rules, as though under clause (Mr. SMITH), for truly continuing the more than 400 terrorists—the military 1(c) of rule XV, if the text of the measure tradition of bipartisanship and mutual courts only six. proposed in a motion is made available to cooperation in the Armed Services This Congress should not impose Members, Delegates, and the Resident Com- Committee and in this particular bill. missioner (including pursuant to clause 3 of these law enforcement duties upon our There are some times when Congress rule XXIX) on the calendar day before con- has a reputation of being somewhat troops. It is un-American and unconsti- sideration. tutional. We should reject the false SEC. 3. On any legislative day of the first contentious and partisan, sometimes choice between our short-term security session of the One Hundred Twelfth Congress deservedly so. However, I have been a and our long-term survival as the lead- after December 16, 2011— member of the Armed Services Com- er of the free world. (a) the Journal of the proceedings of the mittee myself for several years, and I previous day shall be considered as approved; f recognize that they clearly understand (b) the Chair may at any time declare the Article I of the Constitution, which re- SUPPORT H.R. 1905, THE IRAN House adjourned to meet at a date and time, quires a common defense of our coun- THREAT REDUCTION ACT within the limits of clause 4, section 5, arti- try; and in that particular committee, cle I of the Constitution, to be announced by (Mr. WELCH asked and was given the Chair in declaring the adjournment; and partisanship really has been checked at permission to address the House for 1 (c) bills and resolutions introduced during the door regarding the product of the minute and to revise and extend his re- the period addressed by this section shall be Armed Services Committee, which is marks.) numbered, listed in the Congressional this annual Defense authorization bill. Mr. WELCH. I rise today in support Record, and when printed shall bear the date In its essence, I think the process has of the Iran Threat Reduction Act. of introduction, but may be referred by the been good, the efforts have been good, Mr. Speaker, I believe in dialogue Speaker at a later time. and it has made a significant issue that and I very much believe in diplomacy; SEC. 4. On any legislative day of the second we are bringing here to the floor ready session of the One Hundred Twelfth Congress but despite an unprecedented effort by before January 17, 2012— to pass in its final version from the President Obama in his speech to the (a) the Speaker may dispense with organi- conference committee. There are sig- Iranian people for outreach, the Ira- zational and legislative business; nificant underlying issues that I think nian Government was unreciprocal in (b) the Journal of the proceedings of the we will talk about during the course of any kind of response. Instead, what previous day shall be considered as approved the discussion on the rule and perhaps we’ve seen is that they are pursuing if applicable; and on the bill as well, but those things, I the development of nuclear weapons (c) the Chair at any time may declare the think, will be handled as they appear full speed ahead. Last month, the House adjourned to meet at a date and time, at that particular time. within the limits of clause 4, section 5, arti- International Atomic Energy Agency cle I of the Constitution, to be announced by With that, Mr. Speaker, I reserve the further confirmed in a report detailing the Chair in declaring the adjournment. balance of my time. efforts by the Iranian Government SEC. 5. The Speaker may appoint Members Mr. HASTINGS of Florida. I thank Iran’s nuclear aspirations to acquire to perform the duties of the Chair for the du- my friend from Utah for yielding the

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Hundreds of thou- are today, trying to return to an era of considered debate about the best way sands of people have died, and many arbitrary justice, witch-hunts, and to conduct our defense and counterter- more have been wounded. We have fearmongering. rorism policies. This bill contains over spent more than $1 trillion. Osama bin While this measure includes an ex- $600 billion in spending, runs to over Laden is dead, and the Obama adminis- emption for United States citizens, it 1,000 pages, and is coming to the floor tration officials have declared that al does not protect them from indefinite less than 48 hours after it was filed. Qaeda is ‘‘operationally ineffective.’’ detention. In one fell swoop, we have While the detainee provisions in this Here at home, we’ve reformed our na- set up a situation where American citi- legislation might have received the tional government, compromised our zens could have their Fourth, Fifth, most attention in the last few days, civil liberties, spent billions on a sur- Sixth, Seventh, and Eighth Amend- there are plenty of other critical provi- veillance state, and created a culture ment rights violated on mere sus- sions that Members may have opinions of paranoia in which, even in the last picions. And by placing suspected ter- about, and that’s why on these kinds of few days, a reality TV show about Mus- rorists solely in the hands of the mili- measures we should have open rules. lim Americans is subjected to a cam- tary, these provisions deny civilian law I realize that I’ve said that Con- paign of hate and intolerance. enforcement the ability to conduct ef- gress—and we are proving it at the end Before proceeding, let me commend fective counterterrorism efforts. of this session—has a bad case of dead- the chairman and the ranking member The fact of the matter is that our law line-itis. But my friends in the Repub- of the relevant committee of jurisdic- enforcement agencies and civilian lican majority don’t only have dead- tion that put this package together. I courts have proven over and over again line-itis, they have deadline-ophila. am fundamentally opposed to many as- that they are more than capable of Yesterday we considered a poorly pects of it, but I am in tremendous handling counterterrorism cases. I had conceived extenders package that will agreement with their bipartisan efforts the distinct privilege in this country of harm the middle class and weaken our and the staffs of both of them and the serving as a Federal judge shepherding economy. Today we are considering other committee members for putting cases and protecting the interests of controversial language in a defense bill forth the effort to bring us to this the United States and vital security in- that sets a dangerous precedent and point of discussion. terests during that period of time. And will potentially harm the civil liberties We should take this opportunity at in every one of those cases—some 11 of American citizens. this moment in our history to seri- over the period of 93⁄4 years—all of the I appreciate that the Republican ma- ously and carefully deliberate our Na- defendants were found guilty, and that jority, many of whom are my friends, tion’s counterterrorism efforts. We is before 2001. don’t want their holiday season ruined ought to consider which policies are ef- More than 400 suspected terrorists by having to work. But that doesn’t fective and which, in the end, only cre- have already been tried in the Federal mean we have to ruin everyone else’s ate more anti-American sentiment. We courts of the United States of America. holiday season by passing bad laws. ought to consider which policies align We should not break something that I reserve the balance of my time. with our national values and which, in- already works. The idea that the exec- Mr. BISHOP of Utah. Mr. Speaker, stead, undermine them. We ought to utive branch’s current powers are inad- the issues and accusations that were consider whether we should continue equate to fight terrorism is proven brought up by the gentleman from using the full thrust of the United false by 10 years of successful counter- Florida will be something that we will States Armed Forces in country after terrorism efforts. The idea that the address in the course of this debate, country or whether a more nuanced ap- President—any President—needs a but I wish to do this in somewhat of a proach might better serve our needs. whole new expansion of his—and I hope regular order. There are other issues, Unfortunately, the legislation before one day soon—her powers is just wrong. as he said, that are significant. us does not attempt to answer these Most national security experts, To address the first of those, I would questions. Instead, it commits us to Democrats and Republicans, are telling like to yield 2 minutes to the gen- dive even further down the road of fear. us not to adopt this language. Many of- tleman from Arizona (Mr. QUAYLE). It commits us to more war and more ficials responsible for our homeland se- Mr. QUAYLE. I thank the gentleman wasteful spending, and it commits us curity are telling us not to adopt this for yielding. to ceding our freedoms and liberties on language. A lot of our military leaders I rise in support of the rule and the the mere suspicion of wrongdoing. This are telling us not to adopt this lan- conference report of the National De- legislation erodes our society and our guage, Mr. Speaker. This legislation fense Authorization Act. national security by militarizing our goes too far. The NDAA includes a long-term reau- justice system and empowering the thorization of the Small Business Inno- President to detain anyone in the b 1250 vation Research and Small Business United States, including American We spend billions of dollars every Technology Transfer programs. I was citizens, without charge or trial, with- year on counterterrorism, but we proud to serve as a conferee for this out due process. weaken those efforts by tossing aside important bill. If this is going to continue to be the our own system of justice. We tell the SBIR was originally signed into law direction of our country, Mr. Speaker, American public that we are fighting by President Reagan and has been an we don’t need a Democratic Party or a overseas in order to protect our free- effective tool supporting innovation Republican Party or an Occupy Wall doms, but then we pass legislation that among our small business community Street party or a Tea Party; we need a undermines those very same freedoms for nearly 30 years. Since its inception, Mayflower party. If we are going to un- here in the people’s House and at home. this competitive grant program has en- dermine the foundational principles of And we tell the rest of the world to abled more than 100,000 research and this great country, then we might as emulate our democratic traditions and development projects across the Nation well sail away to someplace else. our rule of law, but we disregard those and has helped spawn familiar compa- This legislation establishes an au- values in a mad rush to find out how nies such as Qualcomm, Sonicare, and thority for open-ended war anywhere in we can pretend to be the toughest on Symantec. the world and against anyone. It com- terrorism. Although this reauthorization of mits us to seeing a ‘‘terrorist’’ in any- We won’t defeat terrorism by using these programs isn’t perfect, it im- one who ever criticizes the United the military to lock up innocent people proves them in a number of ways. It States in any country, including this for the rest of their lives on the mere opens up the program for more small one. The lack of definitions as to what suspicion of wrongdoing. We will not companies to participate. It increases

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By passing We write to urge you to vote for Amend- today’s bill and providing long-term re- ment 1107 to the National Defense Authoriza- plicitly states that nothing in it shall authorization, we will provide our tion Act which would strike all of the con- alter existing law. But wait—there is small businesses the certainty they troversial detention provisions in sections no existing law that gives the Presi- need to continue to innovate and grow 1031, 1032 and 1033 and, in their place, man- dent the power to ignore the Bill of and create jobs. date a process for Congress to consider Rights and detain Americans without whether any detention legislation is needed. due process. There is only an assertion I would like to thank Chairman HALL As retired general and flag officers, we and Chairman GRAVES for all of their clearly do not make this request lightly. It by the last two Presidents that this work in ushering through this agree- is clear, however, that there is significant power is inherent in an open-ended and ment. disagreement over the impact on our na- ill-defined war on terrorism. But it is a Mr. HASTINGS of Florida. Mr. tional security of these provisions. There power not granted by any act of Con- Speaker, I am very pleased at this time should be no disagreement that legislation gress until now. to yield 2 minutes to my good friend, which both reduces the options available to What this bill says is, what Presi- our Commander-in-Chief to incapacitate ter- dents have only asserted, Congress now the distinguished gentlewoman from rorists and violates the rule of law would se- California (Ms. LEE). affirms in statute. riously undermine the safety of the Amer- We’re told this merely pushes the Ms. LEE of California. First let me ican people. thank the gentleman from Florida for We appreciate that our leaders are con- question to the Supreme Court to de- yielding. He is a former member of the stantly striving to make America more se- cide if indefinite detainment is com- Intelligence Committee, and I just cure, but in doing so, we must be careful not patible with any remaining vestige of to overreact and overreach, resulting in poli- our Bill of Rights. Well, that’s a good have to thank him for his tremendous cies that will do more harm than good. At leadership and for his opening state- point if the court were the sole guard- the very least, the current detention provi- ian of the Constitution. But it is not. If ment which laid out many of the con- sions merit public debate and should not be cerns that many of us have about this agreed to behind closed doors and tucked it were, there would be no reason to re- bill. into legislation as important as our national quire every Member of Congress to Mr. Speaker, I rise today in strong defense bill. swear to preserve, protect, and defend opposition to this very controversial Sincerely, the Constitution. We are also its guard- bill that directly attacks the bedrock General Joseph P. Hoar, USMC (Ret.); ians. General Charles C. Krulak, USMC And today we, who have sworn fealty values of America. I’m talking about (Ret.); General David M. Maddox, USA to that Constitution, sit to consider a the constitutional guarantees of due (Ret.); General William G. T. Tuttle bill that affirms a power contained in process for those charged with crimes. Jr., USA (Ret.); Lieutenant General no law and that has the full potential Now, against the wishes of President Robert G. Gard Jr., USA (Ret.); Lieu- to crack the very foundation of Amer- Obama; our Defense Secretary, Mr. Pa- tenant General Charles P. Otstott, USA ican liberty. netta; the Director of National Intel- (Ret.); Lieutenant General Harry E. Mr. HASTINGS of Florida. Mr. ligence, Mr. Clapper; and FBI director, Soyster (Ret.); Major General John Ba- Speaker, I am very pleased to yield 3 Mr. Mueller, this bill allows the Fed- tiste, USA (Ret.); Major General Paul D. Eaton, USA (Ret.); Major General minutes to my good friend, the gen- eral Government to seize suspected ter- Eugene Fox, USA (Ret.); Rear Admiral tleman from New Jersey (Mr. PAS- rorists, including United States citi- Don Guter, USN (Ret.); Major General CRELL). zens, and hold them in indefinite deten- William L. Nash, USA (Ret.); Major Mr. PASCRELL. Mr. Speaker, over 8 tion. General Thomas J. Romig, USA (Ret.); years since the start of the wars in Iraq Arresting citizens and holding them Major General Murray G. Sagsveen, and Afghanistan, we are still not prop- USA (Ret.); Major General Walter L. without trial violates the Fifth Amend- erly addressing traumatic brain injury, ment’s due process guarantees. This Stewart, Jr., ARNG (Ret.); Major Gen- eral, Antonio ‘Tony’ M. Taguba, USA also known as the signature injury of bill fundamentally is un-American, and both wars. it threatens all of our liberties. We (Ret.); Brigadier General John Adams, USA (Ret.); Brigadier General David M. b 1300 cannot allow those who seek to ter- Brahms, USMC (Ret.); Brigadier Gen- rorize the American people to win by eral James Cullen, USA (Ret.); Briga- I want to thank Chairman MCKEON, trashing the very civil liberties at the dier General Evelyn P. Foote, USA Ranking Member SMITH, all the chair- heart of our national identity. Giving (Ret.); Brigadier General Gerald E. Gal- men of the subcommittees, as well as up American ideals will not make us loway, USA (Ret.); Brigadier General members of this committee who are safer. This legislation undermines our Leif H. Hendrickson, USMC (Ret.); moving forward on this issue. I wish we national security and our democracy. Brigadier General David R. Irvine, USA had the same compromise as we would Mr. Speaker, I would like to enter (Ret.); Brigadier General John H. Johns, USA (Ret.); Brigadier General have on other issues. I commend them into the RECORD this letter from 26 re- Anthony Verrengia, USAF (Ret.); Brig- for compromising. That’s what our tired generals and admirals concerned adier General Stephen N. Xenakis, USA Forefathers talked about. I’m glad to about how the United States treats de- (Ret.). see that the Defense Centers of Excel- tainees. These veteran national secu- Mr. BISHOP of Utah. Mr. Speaker, I lence for Psychological Health and rity experts wrote this rare public let- am pleased to yield 2 minutes to the Brain Injury will move oversight to the ter denouncing the detention provi- gentleman from California (Mr. Army where there will be an increased sions. MCCLINTOCK). efficiency and attention for our sol- I will conclude with the words of Mr. MCCLINTOCK. I thank the gen- diers. those honorable retired generals and tleman for generously yielding to me But there are still problems with flag officers who warned that this leg- to offer a dissenting view of section screening and treating our troops. Re- islation ‘‘both reduces the options 1021 of the underlying conference re- cently, NPR ran an expose on how the available to our Commander in Chief to port. Department of Defense has tested over incapacitate terrorists and violates the This is the section referenced by the 500,000 soldiers with a predeployment rule of law, and would seriously under- gentleman from Florida that specifi- cognitive test, but has performed fewer mine the safety of the American peo- cally affirms that the President has than 3,000 tests postdeployment to ac- ple.’’ the authority to deny due process to tually compare the results and see if I ask my colleagues to defend the any American the government charges our troops were injured in theater. civil freedoms which we all cherish, to with ‘‘substantially supporting al The fiscal 2008 National Defense Au- support our national security, to sup- Qaeda, the Taliban or any associated thorization bill, bipartisanly sup- port our democracy, and to vote ‘‘no’’ forces,’’ whatever that means. ported, Public Law 110–181, required

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This is a time we take stuff requires massive maintenance if our troops without comparing tests. a stand for the Constitution and a you’re really going to do that. Last year, my amendment to the stand for a government which is small- But what we are requiring to do in NDAA for fiscal year 2011 to address er when it comes to matters of war. this particular budget, if we go along this passed the House, but was not in Mr. BISHOP of Utah. Mr. Speaker, I with the President’s request for mak- the final bill. We need to correct this in yield myself such time as I may con- ing bigger and bigger cuts in the de- the next year’s Defense authorization sume. fense of this country, is taking those before any more soldiers slip through In the year we have been here dis- civilian employees that make that the cracks. It has consequences within cussing these things, we have talked a maintenance effort, that do that service; and when they get out of serv- lot about budget problems that we sustainment, and that make that ice, it has bigger consequences. have in this country. It is my conten- equipment last longer than they were The Defense Department has raised tion that our budget is not just that we designed to last, we are taking them concerns with the currently adminis- have been spending too much, but we out of the picture. tered test, but has stated that it will have been spending on too much. The end result for the massive cuts not be able to select an alternative One of the things, though, that we we are looking at in the military, both until 2015. That is not acceptable. The should be spending on is, of course, proposed by the Obama administration longer we wait, the longer our troops military issues. Article I of the Con- and if, in effect, they go into effect be- suffering from undiagnosed TBIs go un- stitution clearly states the defense of cause of rescission by the failed super- treated. this country is a core constitutional committee, will be anywhere between I am concerned that we are not pro- responsibility, and for that there must 100,000 and a half million civilian em- viding proper oversight for those sol- be government workers who are re- ployees—and this vital function in this diers who could have been injured in quired to do this. That is what it constitutional function—that will lose theater before this policy took effect in should, indeed, be. their jobs. And if you go to the worst 2010. Many of these soldiers remain on Unfortunately, we have a President case scenario, it may even be 1 million active duty, and we must ensure that and an administration that has decided employees. they are tested and treated. that there should be some financial re- Now, I mention that specifically be- I fear we are doing a disservice to straints in this particular area. Indeed, cause we have heard often and often, them and our Armed Forces by not ad- it means reducing spending signifi- where are the jobs bills. This House has dressing this problem in this bill, and I cantly on the military, not necessarily passed a number of jobs bills to pro- ask everyone to consider this. This is a other areas. The result of this will be, mote private sector growth. Yet at the critical, critical issue given little at- as has been shown in testimony, that same time, we now have a situation tention except by Mr. MCKEON and Mr. we will create an Army smaller than where, indeed, the right hand does not SMITH. any Army we have had since World War know what the left hand is doing. I ask that you do review that. II, a Navy at its smallest since World There are those out there who are Mr. BISHOP of Utah. I reserve the War I, and an Air Force that is smaller going around saying that we have to balance of my time. and older than at any time in this pass—and they are pillorying this Con- Mr. HASTINGS of Florida. Mr. country. And to do that, there will at gress for not passing much bigger and Speaker, I am pleased to yield 2 min- least be 100,000 uniformed jobs that will bigger spending to create more and utes to my good friend from Ohio (Mr. be cut, destroyed, and reduced. more government jobs in areas which KUCINICH). There are some people who think are questionable if we should be there Mr. KUCINICH. Mr. Speaker, this bill that simply cutting a few soldiers, a in the first place. But at the same time authorizes permanent warfare any- few airmen, and a few sailors will be an we are being pilloried for not doing where in the world. It gives the Presi- easy solution to this issue. That is that. We are being presented by the left dent unchecked power to pursue war. It naive. It will not happen. What it hand with a proposal that will actually diminishes the role of this Congress. means, though, is that, also, programs cut existing civilian jobs in areas The Founders saw article I, section 8 must be cut at the same time. We have where we were constitutionally re- of the Constitution, which places in the acquisition which buys new materials quired to have them and to maintain hands of Congress the war power as es- for our soldiers, and we have them. sential to a check and balance against sustainment which fixes it. That means If we don’t find that at least incon- executive abuse of power. This legisla- in certain situations our maintenance sistent—and mind-bogglingly incon- tion diminishes Congress’ role in that and sustainment side will have even sistent—it is one of our problems in regard. greater requirements of them because not facing the reality. We are always This legislation authorizes the mili- of the decisions the administration has told pass more government jobs. And tary to indefinitely detain individuals foisted and we will be making in this at the same time, the same people who without charge or trial, including the and the appropriations bill to come are demanding that are saying, okay, detention of U.S. citizens on U.S. soil. later. now in this area, cut more government In short, what this bill does is it For example, the United States has jobs. There is no consistency with that. takes a wrecking ball to the United owned air superiority ever since the And the sad part is the left hand, the States Constitution and gives enor- Korean war, and we take it for granted. one that is defending this country with mous power to the government or the Yet the F–16s we fly to maintain that the needs of the military—which is our State. I want friends on both sides of air superiority we were flying at 150 constitutional responsibility—those the aisle to understand this. We’re giv- percent of their designed capacity are the ones which are appropriate, and ing the State more power over individ- when I was first elected to this Con- those are the jobs that are needed, and uals with this bill. It’s the wrong direc- gress. And yet this is an administra- those are the jobs that are not being tion. tion that, even though we have that protected in the future. Our children deserve a world without deficit, decided not to build any more We must make some decisions in end, not a war without end. Our chil- F–22s and are delaying the F–35, which Congress on what is significantly im- dren deserve a world where they know does produce, and put our air superi- portant to us, and this is an area in that while their government will pro- ority in jeopardy. You have to have a which we must make those decisions in tect them, that it’s not going to rule plane for an Air Force, and you have to the future. We must continue to talk over them by invading their very have a boat for a Navy. And they cost about jobs; but we have to realize that thoughts and going, as the PATRIOT some kind of money. if you want more jobs, you can’t go

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Mr. to say we’re going to pay for what’s in bill I’m going to take an opportunity Speaker, I yield myself such time as I that bill by cutting their benefits. to address that. But while we’re on the may consume. That’s wrong. rule, I have to express my immense dis- After my good friend from Utah The SPEAKER. The time of the gen- appointment that still, to this day, we, spoke, I guess I say, Wow. Last night I tleman has expired. as a Congress, will not even bring to reminded him that military people are Mr. HASTINGS of Florida. I yield the the table, we won’t even look at the government workers also. And toward gentleman an additional 30 seconds. fact that if a military servicewoman is that end, when we talk about cuts and Mr. ANDREWS. What we ought to be raped and becomes pregnant, she does my friend talked about passing on saying is we can hold down the taxes not have access to an abortion proce- spending, I’m curious. When $1 billion on the middle class, we can fairly ex- dure. Mr. Speaker, this is really an walks away in Iraq and nobody knows tend benefits for the unemployed, we where it went, I’d ask my friend to tell outrage. can make sure our doctors will con- We say that we want to help our serv- those soldiers at Fort Bragg—where tinue to see our seniors and our dis- icewomen. We say that we are finally President and Mrs. Obama have spoken abled people if we ask the hedge fund starting to treat them as the warriors to them today—that are returning managers and the millionaires and the that they are, and yet I ask you: How home why they were in Iraq and what billionaires of this country to pay just many women have to fight and die for is it that we protected by spending $1 a little bit more. trillion. Why is it we are sending our country in order to have the same We will give the House an oppor- rights as women sitting in Federal money to corrupt governments? And tunity this afternoon to vote on that somewhere along the lines I think we prison? bill. That’s the bill we should be con- This is a slap in the face to all mili- will come up with some answers—that sidering. If we do, we can then proceed we had enough money to spend, but we tary women. They volunteer to train, immediately with passing this badly they volunteer to deploy and fight for spent it on things that we should not needed defense bill. have. our country, and we repay them by Mr. BISHOP of Utah. Mr. Speaker, treating them as less worthy than pris- Mr. Speaker, I am very pleased to the gentleman from New Jersey is yield 2 minutes to my very good friend oners. right, yesterday the House did act in a Honoring women in our military from New Jersey (Mr. ANDREWS). bipartisan way. Now it’s up to the Sen- (Mr. ANDREWS asked and was given means changing this policy and treat- ate to act—amend, change, anything permission to revise and extend his re- ing them with respect. Haven’t they marks.) except just sitting there and not tak- earned this? It’s well past time to show Mr. ANDREWS. Mr. Speaker, for ing action. them that they have. many American families, they will I am pleased to yield 1 minute to the Mr. BISHOP of Utah. I reserve the only be able to celebrate this holiday if gentleman from Arizona (Mr. FLAKE). balance of my time. Mr. FLAKE. I thank the gentleman they forget about the burdens of their Mr. HASTINGS of Florida. Mr. for yielding. daily lives. Some are about to lose Speaker, I yield myself such time as I Mr. Speaker, today I rise in support their jobs, others are about to close may consume. of section 1245 in the conference report their businesses for the last time; some If we defeat the previous question, I to the NDAA that would require what are worried they can’t pay for their will offer an amendment to the rule to we hope are crippling sanctions on the health care, others are worried that provide that immediately after the they’re next in the layoff line. Central Bank of Iran. These provisions, House adopts this rule it will bring up This Congress has an opportunity on offered as a bipartisan amendment in the Middle Class Fairness and Putting this day to address those problems. the other Chamber and approved by a America Back to Work Act of 2011, Yesterday the House took action on a unanimous vote, would severely limit which extends middle class tax relief, bill that, frankly, isn’t going to go the funding available for the Iranian unemployment benefits, and the Medi- anywhere to address these problems, regime to use in its pursuit of nuclear care reimbursement doc fix. and today is the day we ought to act on weapons. I have introduced similar leg- I ask unanimous consent to insert a bill that will. islation as a stand-alone bill here in the text of the amendment in the On January 1, everyone who earns Congress, and we also wrote a letter RECORD along with extraneous mate- wages in this country is facing a tax encouraging the conferees to accept rial immediately prior to the vote on increase if this Congress doesn’t act, a this language. I am pleased that they the previous question. $1,000-a-year tax increase on the middle did. The SPEAKER. Is there objection to class. We should suspend that tax in- There is no silver bullet when it the request of the gentleman from crease today. comes to stopping the Iranian regime Florida? Many people will lose their unem- from acquiring nuclear weapons, but if There was no objection. ployment benefits. They will have no there is any sweet spot where we can Mr. HASTINGS of Florida. Mr. income, no check. And to those who make a difference, it is with the Cen- Speaker, at this time I am very pleased say, well, they should go find a job, you tral Bank of Iran. And so I am pleased to yield 2 minutes to the distinguished should walk in the shoes of those who that this provision is in the bill, and I gentlelady from California (Ms. HAHN). are in that predicament because here’s would urge adoption of that section all Ms. HAHN. I thank my colleague what you would find: For every one job the way through the process. And I from Florida for giving me this time. that’s available in this country, there hope that this signals our intent cer- I want to encourage my friends and are four people looking for it. So fail- tainly to ensure that Iran does not ob- colleagues on both sides to defeat the ing to extend unemployment benefits is tain nuclear weapons. previous question so that we can work craven, in my opinion. Mr. HASTINGS of Florida. Mr. together to pass a clean extension of On the 1st of January, doctors who Speaker, would you be so kind as to in- unemployment benefits and the payroll take care of our seniors—our grand- form us as to the amount of time re- tax cut. mothers, our grandfathers, our disabled maining on either side. You know, yesterday the House citizens—will see a 23 percent cut in The SPEAKER. The gentleman from Chaplain began the day with a re- what Medicaid pays them if we do not Florida has 10 minutes remaining. The minder that the holidays are a time of act by December 31. gentleman from Utah has 181⁄2 minutes hope. And it is in that spirit of hope Now, yesterday’s bill was deficient in remaining. that Congress should embrace and put so many ways, but here’s two of the Mr. HASTINGS of Florida. Thank aside some of the politics that have real big ones: you very much, Mr. Speaker. darkened our recent discussions.

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It did not receive my vote in the United States. because, like many of my fellow Demo- consider our Nation’s defense policies, Members would have had more than 2 In 1022 it makes it very clear, before crats in the House and the Senate, I somebody can be detained, there are don’t believe that we should be debat- days to review the more than 1,000 pages covering $600 billion in spending. two standards which must be met. ing controversial issues as part of I urge my colleagues to vote against First of all, there has to be association those extensions. this rule and the underlying legisla- with an armed force that is in coordi- If you believe that building a pipeline tion, and I yield back the balance of nation and acting against the interests through the United States is a good my time. of the United States and, not just idea, let’s have that debate. If you be- Mr. BISHOP of Utah. Mr. Speaker, I membership, they have to have partici- lieve that the EPA shouldn’t regulate yield myself the balance of my time. pated in the course of planning or car- emissions from certain industries and This bill has gone through regular rying out attacks or attempted attacks machines, let’s have that debate. order as no other bill has. It went against the United States or its coali- However, those issues cloud the need through its committee in regular order tion partners. for extending unemployment benefits and was passed out in an overwhelm- You can’t just go out and pick people to those who can’t find work. And it ingly bipartisan vote, 60–1. It came on off the streets. There has to be a stand- clouds the benefits for American fami- the floor with 152 amendments to be ard. And everyone still gets habeas cor- lies that would get an extension of the considered and was passed out with an pus rights in all of these events. payroll tax cuts. overwhelming bipartisan vote. It went Let me quote again from the law, I want to work with my Republican to the Senate, was passed out in an from the report, the bill that we are de- friends to get this done. I know I’m overwhelming bipartisan vote, and the bating and discussing and voting: new around here, but I think that conference report was signed by the ‘‘The requirement to detain a person means putting aside these other issues conferees in a clear bipartisan effort. in military custody under this sec- to debate them on their own merits. This is one of those good bills that tion’’—this power—‘‘does not extend to Let’s work together in a spirit of does authorize our military forces citizens of the United States,’’ which hope, vote against the previous ques- through fiscal year 2012, and it is sig- means you can’t do this kind of detain- tion, and let’s come back to the table nificant. ment against a citizen or a lawful alien and do what needs to be done. But I would like, in closing, to talk of the United States. Mr. HASTINGS of Florida. I would about one of the issues that I think was Only in this section, and in both sec- advise my friend from Utah that I am brought up, and brought up with some tions, do you have to meet certain very going to be the last speaker if he is exaggeration to the content of what is restrictive criteria which are not dif- ready to close. there that deals specifically with mili- ferent than what we are currently Mr. BISHOP of Utah. I am prepared tary detainees. I want this very clear doing, which simply means in the past to close as well. because both Congressman MCKEON, history of this United States, espe- I continue to reserve the balance of who is the chairman of the committee, cially in some of our war times, there my time. Congressman SMITH, who is the rank- have been Presidents who we jokingly Mr. HASTINGS of Florida. Mr. ing member of the committee, spoke at say used to throw people in jail who Speaker, I yield myself the balance of length in Rules Committee on this spe- were opposed to them. my time. cific issue. They were asked about the President Obama could still do that In the mad rush to get home for issue; they addressed the issue. under existing statute, but he can’t do Christmas, we’re delivering an early Let me make this very clear. Any- it with this language in this particular gift to those who criticize our country thing in this law that deals with de- bill. There are specifics that are set for failing to live up to our ideals. tainees does not change in any way, forth. There are specific protections With this legislation, we’re under- shape, or form existing law. It does not written for American citizens, specific mining over 200 years of constitutional deny anyone habeas corpus opportuni- protections written for illegal aliens of protections. We’re returning American ties. That is not waived in any way, the United States. It is only a very re- society to an age when an all-powerful shape, or form. stricted authority and a very restricted executive can command unaccountable Let me quote from Mr. SMITH, the power, and it doesn’t affect habeas cor- power over people’s lives. ranking Democrat on the committee, pus. It doesn’t change existing law. To codify in law the power of the when talking about different things, he In essence, those people who worked President to indefinitely detain Amer- simply said that there is the possibility in the committee on this bill have done ican citizens without charge or trial is of indefinite detention without a nor- a yeoman’s work in coming up with a an egregious affront to our Nation’s mal criminal charge, but even if you do good bill. Those people who worked in system of justice. Franz Kafka wrote that, which, once again, the President the conference did a yeoman’s work in about it years ago, and it has been said he won’t do, but even if you did coming up with a good conference re- known as Kafkaesque. that in certain isolated circumstances port. Ten years after the attacks of Sep- where it could be necessary under the This is a good rule, which is a stand- tember 11—10 years of war, of runaway law of war, even if you do that, habeas ard conference report rule. And with defense spending, of the PATRIOT Act, corpus still applies, which means you the only exception that we still must torture, and extraordinary rendition— have to have a hearing in front of a be very careful that if we follow the ad- and we’re still responding to the ter- Federal judge to make your case under ministration’s advice and cut our mili- rorist threat with a knee-jerk reaction, the law for why you have the right to tary spending too much, not only are devoid of reason and common sense. detain this person. And to do that, you we putting our military in jeopardy This legislation says that our law en- have to show there is a connection to and our equipment in jeopardy, but we forcement agencies do not work; that al Qaeda and the Taliban, and you have are destroying jobs, which is what we our judiciary, our court system does to show there is a threat that they don’t want to be doing in this par- not work. This legislation says that present. So habeas corpus applies to ev- ticular time period. the President can, alone, decide who is eryone, whether they are a citizen, ille- I would urge everyone to vote for this guilty or innocent. gal alien, or a noncitizen. Habeas cor- rule, and I would urge everyone to vote I would remind my friends that pus still applies. for the underlying bill. may not be the Presi- It is very clear in both sections 1021 dent all the time. But no President and 1022 that protections for American b 1330 should have untrammeled authority to citizens are clearly stated in there. In The material previously referred to determine innocence or guilt. It puts the Senate, they added, in 1021, the by Mr. HASTINGS of Florida is as fol- the lie to the judicial branch of our words: lows:

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AN AMENDMENT TO H. RES. 493 OFFERED BY MR. vote on the previous question is simply a Culberson Jones Reichert HASTINGS OF FLORIDA vote on whether to proceed to an immediate Davis (KY) Jordan Renacci Denham Kelly Ribble SEC. 6. Immediately upon adoption of this vote on adopting the resolution . . . [and] has no substantive legislative or policy im- Dent King (IA) Rigell resolution the Speaker shall, pursuant to DesJarlais King (NY) Rivera clause 2(b) of rule XVIII, declare the House plications whatsoever.’’ But that is not what Dold Kingston Roby resolved into the Committee of the Whole they have always said. Listen to the Repub- Dreier Kinzinger (IL) Roe (TN) House on the state of the Union for consider- lican Leadership Manual on the Legislative Duffy Kissell Rogers (AL) ation of a bill consisting of the text of the Process in the United States House of Rep- Duncan (SC) Kline Rogers (KY) amendment printed in the Congressional resentatives, (6th edition, page 135). Here’s Duncan (TN) Labrador Rogers (MI) Ellmers Lamborn Rohrabacher Record dated December 13, 2011 pursuant to how the Republicans describe the previous question vote in their own manual: ‘‘Al- Emerson Lance Rokita clause 8 of rule XVIII and numbered 1, which Farenthold Landry Rooney will bear the title ‘‘to support the middle though it is generally not possible to amend Fincher Lankford Ros-Lehtinen class and create jobs, and for other pur- the rule because the majority Member con- Fitzpatrick Latham Roskam poses’’. The first reading of the bill shall be trolling the time will not yield for the pur- Flake Latta Ross (AR) dispensed with. All points of order against pose of offering an amendment, the same re- Fleischmann Lewis (CA) Ross (FL) consideration of the bill are waived. General sult may be achieved by voting down the pre- Fleming LoBiondo Royce Flores Long Runyan debate shall be confined to the bill and shall vious question on the rule . . . When the mo- tion for the previous question is defeated, Forbes Lucas Ryan (WI) not exceed one hour equally divided and con- Fortenberry Luetkemeyer Scalise trolled by the Majority Leader and Minority control of the time passes to the Member Foxx Lungren, Daniel Schilling Leader or their respective designees. After who led the opposition to ordering the pre- Franks (AZ) E. Schmidt general debate the bill shall be considered vious question. That Member, because he Frelinghuysen Mack Schock for amendment under the five-minute rule. then controls the time, may offer an amend- Gallegly Manzullo Schweikert Each section of the bill shall be considered ment to the rule, or yield for the purpose of Gardner Marchant Scott (SC) amendment.’’ Garrett Marino Scott, Austin as read. All points of order against provi- Gerlach Matheson Sensenbrenner sions in the bill are waived. At the conclu- In Deschler’s Procedure in the U.S. House Gibbs McCarthy (CA) Sessions sion of consideration of the bill for amend- of Representatives, the subchapter titled Gibson McCaul Shimkus ment the Committee shall rise and report ‘‘Amending Special Rules’’ states: ‘‘a refusal Gingrey (GA) McClintock Shuster the bill to the House with such amendments to order the previous question on such a rule Goodlatte McCotter Simpson as may have been adopted. The previous [a special rule reported from the Committee Gosar McHenry Smith (NE) question shall be considered as ordered on on Rules] opens the resolution to amend- Gowdy McKeon Smith (NJ) ment and further debate.’’ (Chapter 21, sec- Granger McKinley Smith (TX) the bill and amendments thereto to final Graves (GA) McMorris Smith (WA) passage without intervening motion except tion 21.2) Section 21.3 continues: ‘‘Upon re- Graves (MO) Rodgers Southerland one motion to recommit with or without in- jection of the motion for the previous ques- Griffin (AR) Meehan Stearns structions. If the Committee of the Whole tion on a resolution reported from the Com- Griffith (VA) Mica Stivers rises and reports that it has come to no reso- mittee on Rules, control shifts to the Mem- Grimm Miller (FL) Stutzman lution on the bill, then on the next legisla- ber leading the opposition to the previous Guinta Miller (MI) Terry tive day the House shall, immediately after question, who may offer a proper amendment Guthrie Miller, Gary Thompson (PA) or motion and who controls the time for de- Hall Mulvaney Thornberry the third daily order of business under clause Hanna Murphy (PA) Tiberi 1 of rule XIV, resolve into the Committee of bate thereon.’’ Harper Neugebauer Tipton the Whole for further consideration of the Clearly, the vote on the previous question Harris Noem Turner (NY) bill. on a rule does have substantive policy impli- Hartzler Nugent Turner (OH) SEC. 7. Clause 1(c) of rule XIX shall not— cations. It is one of the only available tools Hastings (WA) Nunes Upton apply to the consideration of the bill speci- for those who oppose the Republican major- Hayworth Nunnelee Walberg fied in section 6 of this resolution. ity’s agenda and allows those with alter- Heck Olson Walden native views the opportunity to offer an al- Hensarling Palazzo Walsh (IL) (The information contained herein was Herger Paulsen Webster ternative plan. Herrera Beutler Pence West provided by the Republican Minority on mul- Mr. BISHOP of Utah. Mr. Speaker, I Huelskamp Petri Westmoreland tiple occasions throughout the 110th and Huizenga (MI) Pitts Whitfield 111th Congresses.) yield back the balance of my time, and Hultgren Platts Wilson (SC) I move the previous question on the THE VOTE ON THE PREVIOUS QUESTION: WHAT Hunter Poe (TX) Wittman Hurt Pompeo Wolf IT REALLY MEANS resolution. The SPEAKER. The question is on Issa Posey Womack This vote, the vote on whether to order the Jenkins Price (GA) Woodall previous question on a special rule, is not ordering the previous question. Johnson (IL) Quayle Yoder merely a procedural vote. A vote against or- The question was taken; and the Johnson (OH) Reed Young (FL) dering the previous question is a vote Speaker announced that the ayes ap- Johnson, Sam Rehberg Young (IN) against the Republican majority agenda and peared to have it. NAYS—173 a vote to allow the opposition, at least for Mr. HASTINGS of Florida. Mr. the moment, to offer an alternative plan. It Ackerman Cooper Heinrich is a vote about what the House should be de- Speaker, on that I demand the yeas Altmire Costa Higgins bating. and nays. Andrews Costello Himes Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. Baca Courtney Hinchey House of Representatives (VI, 308–311), de- Baldwin Critz Hinojosa The SPEAKER. Pursuant to clause 9 Barrow Crowley Hirono scribes the vote on the previous question on of rule XX, the Chair will reduce to 5 Becerra Cuellar Hochul the rule as ‘‘a motion to direct or control the minutes the minimum time for any Berkley Cummings Holden consideration of the subject before the House electronic vote on the question of adop- Berman Davis (CA) Honda being made by the Member in charge.’’ To Bishop (GA) Davis (IL) Hoyer defeat the previous question is to give the tion. Bishop (NY) DeFazio Inslee opposition a chance to decide the subject be- The vote was taken by electronic de- Blumenauer DeGette Israel fore the House. Cannon cites the Speaker’s vice, and there were—yeas 235, nays Boswell DeLauro Jackson (IL) Brady (PA) Deutch Jackson Lee ruling of January 13, 1920, to the effect that 173, not voting 25, as follows: Braley (IA) Dicks (TX) ‘‘the refusal of the House to sustain the de- [Roll No. 925] Brown (FL) Dingell Johnson (GA) mand for the previous question passes the Butterfield Doggett Johnson, E. B. YEAS—235 control of the resolution to the opposition’’ Capps Donnelly (IN) Keating in order to offer an amendment. On March Adams Bilirakis Calvert Capuano Doyle Kildee 15, 1909, a member of the majority party of- Aderholt Bishop (UT) Camp Carnahan Edwards Kind fered a rule resolution. The House defeated Akin Black Campbell Carney Ellison Kucinich Alexander Blackburn Canseco Carson (IN) Engel Langevin the previous question and a member of the Amash Bonner Cantor Castor (FL) Eshoo Larsen (WA) opposition rose to a parliamentary inquiry, Amodei Bono Mack Capito Chandler Farr Larson (CT) asking who was entitled to recognition. Austria Boren Carter Chu Fattah Lee (CA) Speaker Joseph G. Cannon (R–Illinois) said: Bachus Boustany Cassidy Cicilline Fudge Levin ‘‘The previous question having been refused, Barletta Brady (TX) Chabot Clarke (MI) Garamendi Lewis (GA) the gentleman from New York, Mr. Fitz- Bartlett Brooks Chaffetz Clarke (NY) Gonzalez Lipinski gerald, who had asked the gentleman to Barton (TX) Broun (GA) Coffman (CO) Clay Green, Al Loebsack Bass (NH) Buchanan Cole Cleaver Green, Gene Lofgren, Zoe yield to him for an amendment, is entitled to Benishek Bucshon Conaway Clyburn Grijalva Lowey the first recognition.’’ Berg Buerkle Cravaack Cohen Hahn Luja´ n Because the vote today may look bad for Biggert Burgess Crawford Connolly (VA) Hanabusa Lynch the Republican majority they will say ‘‘the Bilbray Burton (IN) Crenshaw Conyers Hastings (FL) Maloney

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.005 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8922 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Markey Peterson Sherman Gallegly Loebsack Rogers (KY) Pallone Ryan (OH) Thompson (MS) Matsui Pingree (ME) Sires Gardner Long Rogers (MI) Pascrell Sa´ nchez, Linda Tierney McCarthy (NY) Polis Slaughter Garrett Lucas Rohrabacher Pastor (AZ) T. Tonko McCollum Quigley Speier Gerlach Luetkemeyer Rokita Payne Sarbanes Towns McDermott Rahall Stark Gibbs Lummis Rooney Pelosi Schakowsky Tsongas McGovern Rangel Sutton Gibson Lungren, Daniel Ros-Lehtinen Peters Schiff Van Hollen McNerney Reyes Thompson (CA) Gingrey (GA) E. Roskam Peterson Schrader Visclosky Meeks Richardson Thompson (MS) Gohmert Mack Ross (AR) Pingree (ME) Schwartz Walz (MN) Michaud Richmond Polis Scott (VA) Tierney Goodlatte Manzullo Ross (FL) Wasserman Miller (NC) Rothman (NJ) Gosar Marchant Posey Scott, David Tonko Royce Schultz Miller, George Roybal-Allard Gowdy Marino Quigley Serrano Towns Runyan Waters Moore Ruppersberger Granger Matheson Rangel Sewell Tsongas Ryan (WI) Moran Rush Graves (GA) McCarthy (CA) Reyes Sherman Watt Van Hollen Scalise Murphy (CT) Ryan (OH) Graves (MO) McCaul Richardson Sires Waxman Visclosky Schilling Nadler Sa´ nchez, Linda Griffin (AR) McClintock Richmond Slaughter Welch Schmidt Napolitano T. Walz (MN) Griffith (VA) McCotter Rothman (NJ) Speier Wilson (FL) Neal Sarbanes Wasserman Grimm McHenry Schock Roybal-Allard Stark Woolsey Olver Schakowsky Schultz Guinta McKeon Schweikert Ruppersberger Sutton Yarmuth Owens Schiff Waters Guthrie McKinley Scott (SC) Rush Thompson (CA) Pallone Schrader Watt Hall McMorris Scott, Austin Pascrell Schwartz Waxman Hanna Rodgers Sensenbrenner NOT VOTING—19 Pastor (AZ) Scott (VA) Welch Harper Meehan Sessions Bachmann Holt Price (NC) Payne Scott, David Wilson (FL) Harris Mica Shimkus Coble Kaptur Sanchez, Loretta Pelosi Serrano Woolsey Hartzler Miller (FL) Shuster Diaz-Balart Larson (CT) Shuler Peters Sewell Yarmuth Hastings (WA) Miller (MI) Simpson Filner LaTourette Vela´ zquez Hayworth Miller, Gary Smith (NE) Frank (MA) McIntyre Young (AK) NOT VOTING—25 Heck Mulvaney Smith (NJ) Giffords Myrick Bachmann Gutierrez Perlmutter Hensarling Murphy (PA) Smith (TX) Gutierrez Paul Bass (CA) Holt Price (NC) Herger Neugebauer Smith (WA) Cardoza Kaptur Sanchez, Loretta Herrera Beutler Noem Southerland b 1401 Hochul Nugent Coble LaTourette Shuler Stearns Ms. HOCHUL changed her vote from Diaz-Balart Lummis Sullivan Huelskamp Nunes Stivers Filner McIntyre Vela´ zquez Huizenga (MI) Nunnelee Stutzman ‘‘no’’ to ‘‘aye.’’ Frank (MA) Myrick Young (AK) Hultgren Olson Sullivan So the resolution was agreed to. Giffords Paul Hunter Owens Terry The result of the vote was announced Gohmert Pearce Hurt Palazzo Thompson (PA) Issa Paulsen as above recorded. Thornberry Jenkins Pearce 1354 Tiberi A motion to reconsider was laid on b Johnson (IL) Pence Tipton the table. Johnson (OH) Perlmutter Mr. HEINRICH changed his vote from Turner (NY) Johnson, Sam Petri Stated against: ‘‘yea’’ to ‘‘nay.’’ Turner (OH) Jordan Pitts Mr. LARSON of Connecticut, Mr. Speaker, Upton So the previous question was ordered. Kelly Platts on rollcall No. 926, I was unavoidably de- The result of the vote was announced King (IA) Poe (TX) Walberg Walden tained. Had I been present, I would have as above recorded. King (NY) Pompeo Kingston Price (GA) Walsh (IL) voted ‘‘no.’’ Stated against: Webster Kinzinger (IL) Quayle Mr. FILNER. Mr. Speaker, on rollcall 926, I West Mr. FILNER. Mr. Speaker, on rollcall 925, I Kissell Rahall was away from the Capitol due to prior com- was away from the Capitol due to prior com- Kline Reed Westmoreland Whitfield mitments to my constituents. Had I been mitments to my constituents. Had I been Labrador Rehberg Lamborn Reichert Wilson (SC) present, I would have voted ‘‘no.’’ present, I would have voted ‘‘nay.’’ Lance Renacci Wittman The SPEAKER pro tempore (Mr. Landry Ribble Wolf b 1410 YODER). The question is on the resolu- Lankford Rigell Womack Latham Rivera Woodall Mr. MCKEON. Mr. Speaker, pursuant tion. Latta Roby Yoder to House Resolution 493, I call up the The question was taken; and the Lewis (CA) Roe (TN) Young (FL) conference report on the bill (H.R. 1540) Speaker pro tempore announced that LoBiondo Rogers (AL) Young (IN) to authorize appropriations for fiscal the ayes appeared to have it. NOES—169 year 2012 for military activities of the RECORDED VOTE Department of Defense, for military Ackerman Cuellar Jackson (IL) Mr. HASTINGS of Florida. Mr. Altmire Cummings Jackson Lee construction, and for defense activities Speaker, I demand a recorded vote. Baca Davis (CA) (TX) of the Department of Energy, to pre- A recorded vote was ordered. Baldwin Davis (IL) Johnson (GA) scribe military personnel strengths for Barrow DeFazio Johnson, E. B. The SPEAKER pro tempore. This Bass (CA) DeGette Jones such fiscal year, and for other pur- will be a 5-minute vote. Becerra DeLauro Keating poses, and ask for its immediate con- The vote was taken by electronic de- Berkley Deutch Kildee sideration. vice, and there were—ayes 245, noes 169, Berman Dicks Kind The Clerk read the title of the bill. Bishop (GA) Dingell Kucinich not voting 19, as follows: Bishop (NY) Doggett Langevin The SPEAKER pro tempore (Mr. [Roll No. 926] Blumenauer Donnelly (IN) Larsen (WA) LUCAS). Pursuant to House Resolution Boswell Doyle Lee (CA) 493, the conference report is considered AYES—245 Brady (PA) Edwards Levin Adams Brady (TX) Crenshaw Braley (IA) Ellison Lewis (GA) read. Aderholt Brooks Culberson Brown (FL) Engel Lipinski (For conference report and state- Akin Broun (GA) Davis (KY) Butterfield Eshoo Lofgren, Zoe ment, see proceedings of the House of Alexander Buchanan Denham Capps Farr Lowey December 12, 2011, at page H8356.) Amash Bucshon Dent Capuano Fattah Luja´ n Amodei Buerkle DesJarlais Cardoza Fudge Lynch The SPEAKER pro tempore. The gen- Andrews Burgess Dold Carnahan Garamendi Maloney tleman from California (Mr. MCKEON) Austria Burton (IN) Dreier Carson (IN) Gonzalez Markey and the gentleman from Washington Bachus Calvert Duffy Castor (FL) Green, Al Matsui Barletta Camp Duncan (SC) Chu Green, Gene McCarthy (NY) (Mr. SMITH) each will control 30 min- Bartlett Campbell Duncan (TN) Cicilline Grijalva McCollum utes. Barton (TX) Canseco Ellmers Clarke (MI) Hahn McDermott Mr. NADLER. Mr. Speaker, is the Bass (NH) Cantor Emerson Clarke (NY) Hanabusa McGovern gentleman from Washington opposed to Benishek Capito Farenthold Clay Hastings (FL) McNerney Berg Carney Fincher Cleaver Heinrich Meeks the conference report? Biggert Carter Fitzpatrick Clyburn Higgins Michaud Mr. SMITH of Washington. No, I am Bilbray Cassidy Flake Cohen Himes Miller (NC) not. I support the conference report. Bilirakis Chabot Fleischmann Connolly (VA) Hinchey Miller, George Bishop (UT) Chaffetz Fleming Conyers Hinojosa Moore Mr. NADLER. Mr. Speaker, I claim Black Chandler Flores Cooper Hirono Moran the time in opposition to the con- Blackburn Coffman (CO) Forbes Costa Holden Murphy (CT) ference report. Bonner Cole Fortenberry Costello Honda Nadler The SPEAKER pro tempore. Pursu- Bono Mack Conaway Foxx Courtney Hoyer Napolitano Boren Cravaack Franks (AZ) Critz Inslee Neal ant to clause 8 of rule XXII, the gen- Boustany Crawford Frelinghuysen Crowley Israel Olver tleman from California (Mr. MCKEON),

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.007 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8923 the gentleman from Washington (Mr. I, too, want to thank the chairman, by the Bush administration, the Obama SMITH), and the gentleman from New Mr. MCKEON. We always say that our administration, and the judiciary of York (Mr. NADLER) each will control 20 committee is the most bipartisan com- this country creates the problems that minutes. mittee in Congress. We strongly be- everybody is talking about, not this The Chair recognizes the gentleman lieve that. Republicans and Democrats bill. We put language in on detention from California. on that committee are committed to policy because we think it’s about time GENERAL LEAVE doing our job, which is to provide for the legislative branch at least said Mr. MCKEON. Mr. Speaker, I ask the troops and make sure that our na- something on the subject. But we are unanimous consent that all Members tional security is protected in this not the ones that created that problem. may have 5 legislative days in which to country. I urge support for this bill. revise and extend their remarks on the Mr. MCKEON was an excellent partner The SPEAKER pro tempore. The conference report to accompany H.R. to work with. It’s a model for what time of the gentleman has expired. 1540. happens when you sit down and try to Mr. SMITH of Washington. I yield The SPEAKER pro tempore. Is there legislate together, and something that myself an additional 30 seconds. objection to the request of the gen- I think could be emulated by many One issue I want to address is the tleman from California? more committees and on many more issue of military construction projects There was no objection. issues. for Guam. There is some limiting lan- Mr. MCKEON. Mr. Speaker, I yield So, thank you, BUCK. It’s been great guage in this bill on that issue based myself such time as I may consume. working with you on this. I think we’ve on the fact that the Department of De- I rise today in support of the Fiscal produced a good product. fense is rethinking their posture in Year 2012 National Defense Authoriza- I want to, upfront, address the issue Asia between Okinawa, Guam, and tion Act conference report. As you that most people have focused on in other places. One thing I want to make know, the NDAA is the key mechanism the rule and elsewhere, and that is the clear is that Guam is a critically im- by which the Congress fulfills its pri- issue surrounding detainee policy. I portant part of our Asia presence. They mary constitutional responsibility to have never seen an issue that was more have presence of our military there provide for the common defense, and distorted in terms of what people have now. The language in the bill is not this year will mark the 50th consecu- said is in the bill versus what is actu- meant to cut off existing military con- tive year we’ve completed our work. ally in the bill. Number one, habeas struction projects or indeed other ones The NDAA passed the Armed Services corpus is protected, not touched in this that may not be related to this. I want Committee with a vote of 60–1. It bill. Pursuant to court rulings, anyone to make sure that that’s clear. passed the full House by a wide margin picked up pursuant to the authoriza- With that, I reserve the balance of of 322–96. Likewise, the Senate adopted tion for the use of military force, has my time. its version of the bill by a vote of 93–7. habeas corpus rights. That is not Mr. NADLER. Mr. Speaker, I yield We negotiated every provision in the touched categorically. myself 5 minutes. two bills and have delivered this con- Now I understand that a lot of people It’s been a decade since the attacks ference report using regular order. This have a problem with what is current of September 11, 2001. We are in danger is a bipartisan product from start to law, and current law is something of losing our most precious heritage, finish, with a wide base of support. we’ve been debating ever since 9/11. not because a band of thugs threatens Let me further assure Members that Both the Bush administration and the our freedom, but because we are at risk the bill’s authorization levels have Obama administration have taken the of forgetting who we are and what been reduced to comply with the Budg- position that indefinite detention is an makes the United States a truly great et Control Act. The bill would bring option. In two cases before the Su- nation. the total authorized funding for the na- preme Court, the Hamdi case most no- b 1420 tional defense to $554 billion for the tably, a U.S. citizen was briefly subject base budget and $115.5 billion for over- to indefinite detention. The Fourth In the last 10 years, we have begun to seas contingency operations. This rep- Circuit Court upheld that right. That let go of our freedoms, bit by bit, with resents a $19 billion reduction from last is current law. And I actually share each new executive order, court deci- year’s authorization. some of the concerns amongst my col- sion and, yes, act of Congress. The Nonetheless, what makes our bill leagues about that current law. changes in this bill to the laws of de- such an important piece of legislation But this bill doesn’t affect that. We, tention have major implications for are the vital authorities contained in fact, make it clear in our category our fundamental rights. We should not therein. Our bill provides for pay and on military detention that it is not be considering this as a rider to the De- benefits for our military and their fam- meant to apply to U.S. citizens or law- fense authorization bill. This should ilies, as well as the authorities that ful resident aliens. Read the bill. It is have been the subject of close scrutiny they need to continue prosecuting the in there. Nothing in this section shall by the Judiciary Committee. The com- war on terrorism. apply to U.S. citizens or lawful resi- plex legal and constitutional issues In addition, we include landmark dent aliens. should have been properly analyzed and pieces of legislation sanctioning the Now if you have a problem with in- the implications for our values care- Central Bank of Iran and strengthening definite detention, that is a problem fully considered. policies and procedures used to detain, with current law. Defeating this bill You will hear that this bill merely interrogate, and prosecute al Qaeda, will not change that, won’t change it recodifies existing law; but many legal the Taliban, and affiliated groups, and at all. But I’ll tell you what it will do. scholars tell us that it goes a great those who substantially support them. It will undermine the ability of our deal further than what the law now al- However, I must be crystal clear on troops to do their job, to do what we’ve lows, that it codifies claims of execu- this point: the provisions do not extend asked them to do. If we defeat this bill, tive power against our liberties that any new authorities to detain U.S. citi- we defeat a pay raise for the troops, we the courts have never confirmed. You zens and explicitly exempt U.S. citi- defeat MILCON projects for the troops, will hear that it really won’t affect zens from provisions related to mili- and we defeat endless support programs U.S. citizens, although, again, there is tary custody of terrorists. that are absolutely vital to their doing credible legal authority that tells us The conference report covers many their jobs. And I don’t think I need to just the opposite. You will hear that it more critical issues, but I will close in remind this body that 100,000 of those doesn’t really turn the military into a the interest of time. However, before I troops are in harm’s way in Afghani- domestic police force, but that clearly do, I would like to thank my partner, stan right now facing a determined isn’t the case. the gentleman from Washington, ADAM enemy in the middle of a fight. It is not Most of all, you will hear that we SMITH, the ranking member on the the time to cut off their support over must do this to be safe, when the oppo- committee. an issue that isn’t going to be fixed by site is true. We can never be safe with- I reserve the balance of my time. this bill. out our liberties, and this bill con- Mr. SMITH of Washington. Mr. And let me emphasize that just one tinues the decade-long campaign to de- Speaker, I yield myself 3 minutes. more time. Current law as interpreted stroy those liberties.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.041 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8924 CONGRESSIONAL RECORD — HOUSE December 14, 2011 This bill goes far beyond the author- tive authority is unsettled.’’ Director we have recently heard, Mr. Speaker, ization for the use of military force. Sessions goes on to point out that the let me talk just a moment about this That resolution authorized ‘‘all nec- two cases where the Supreme Court issue of detention. essary and appropriate force against might have decided the question of de- You know, one can put into law ‘‘the those nations, organizations, or per- taining a U.S. citizen or a legal perma- sun comes up,’’ and if somebody comes sons the President determines planned, nent resident, the U.S. claimed that and says, no, it doesn’t, you can authorized, committed, or aided the the President had the authority—the present all the evidence and you can terrorist attacks that occurred on Sep- administration claimed that the Presi- present words that have clear meaning, tember 11, 2001, or harbored such orga- dent had the authority to detain a sus- and if somebody just wants to say, no, nizations or persons.’’ pected terrorist captured within the it doesn’t, you at some level reach an This bill is not limited to those re- United States indefinitely without impasse. sponsible for the charge or trial. The two provisions related to deten- and those who aided or harbored them. In both these cases, Padilla and al- tion in this bill, the words that have It includes anyone who ‘‘substantially Mari, the government changed course been put into the law, are very clear. supported’’ al Qaeda and the Taliban or and decided to try them in civilian One says it does not apply to U.S. citi- ‘‘associated forces that are engaged in courts in order to avoid a Supreme zens. It does not. Nothing here affects hostilities against the United States or Court ruling on that question, and that U.S. citizens. The other provision says its coalition partners.’’ It is not clear question remains undetermined. that nothing in this section can be con- what is meant by ‘‘substantially sup- So when the Feinstein amendment strued to affect existing law or au- ported’’ or what it takes to be ‘‘associ- references ‘‘existing law,’’ you should thorities related to the detention of ated’’ with someone who ‘‘substan- not assume that means that current U.S. citizens. tially supported’’ them. It refers to any law clearly deprives the President of Now, it seems to me there may well ‘‘belligerent act’’ or someone who has this dangerous power. I hope it does, be people who are uncomfortable with ‘‘directly supported such hostilities in but it is still, legally, an open question. the current law, and I understand that. aid of such enemy forces.’’ It doesn’t, We should ensure that our liberty is And the proper thing to do is to intro- as does our criminal law, say ‘‘material protected and not leave that question duce a bill and try to get that amended support,’’ so we really don’t know to some future court, and we should in some way to get it more to your lik- whether that support could be merely a certainly not enact a law codifying— ing. But to argue that this bill changes speech, or an article, or something and that’s what this law does, it codi- in some way the current law when the else. fies, it puts into law terrifying claims words say nothing in this section shall So let’s not pretend that this is just of power made by Presidents but never be construed to affect existing law or the same as the AUMF. If it were, approved by the courts or, until now, authorities is just not credible. there would be no need to pass this by the Congress. And that’s the funda- The provisions in this bill, Mr. law; we have it already. Courts, in mental reason we should reject this Speaker, are a small step towards hav- reading legislation, operate on the very bill. ing this Congress back involved in sensible assumption that Congress We must take great care. Our lib- making those detention decisions. I doesn’t write surplus language, that it erties are too precious to be cast aside think it is the right small step, and it must have intended to do something. in times of peril and fear. We have the should be supported. Here it is pretty clear that we are ex- tools to deal with those who would at- Mr. SMITH of Washington. I yield 2 panding the reach of the AUMF beyond tack us. minutes to the gentleman from New the 9/11 perpetrators and those who The SPEAKER pro tempore. The Jersey (Mr. ANDREWS), a very impor- aided and harbored them. Whoever it time of the gentleman has expired. tant member of the Armed Services reaches—and we don’t know—but who- Mr. NADLER. I yield myself an addi- Committee. ever it reaches, the government would tional 30 seconds. have the authority to lock them up We do not need to do this. We should (Mr. ANDREWS asked and was given without trial until ‘‘the end of hos- not do this. And because of this mo- permission to revise and extend his re- tilities,’’ which, given how broadly the mentous challenge to one of the found- marks.) AUMF has been used to justify actions ing principles of the United States— Mr. ANDREWS. Mr. Speaker, I rise far from Afghanistan, might mean for- that no person may be deprived of his with profound respect for our Constitu- ever. liberty without due process of law— tion and for my colleagues and friends And who will be taken out of the ci- this bill must be rejected. who care deeply about the impact of vilian justice system and imprisoned I reserve the balance of my time. this bill on that Constitution. It is be- forever without a trial? The bill says Mr. MCKEON. Mr. Speaker, I yield 2 cause I have considered those issues anyone who ‘‘is determined’’ to be cov- minutes to my friend and colleague, that I would respectfully disagree with ered by the statute. It doesn’t say de- the gentleman from Texas, vice chair- some of my colleagues and argue for termined by whom or what protections man of the committee, the chairman of the propriety and constitutionality of there are to ensure that an innocent the Subcommittee on Emerging this bill. person doesn’t disappear into a mili- Threats and Capabilities, and a mem- I would deplore the idea that an tary prison. That’s not America. ber of the conference committee, Mr. American citizen or a permanent resi- We also need to be clear that the so- THORNBERRY. dent alien could be rounded up and put called ‘‘Feinstein amendment’’ does Mr. THORNBERRY. Mr. Speaker, I in a prison in the United States of not really provide the protection its rise in support of this conference re- America. This bill does not authorize sponsor intended to provide. The Fein- port. It is a broad-ranging conference that scenario. I would deplore a cir- stein amendment says that ‘‘nothing in report that affects everything from cumstance where any person—even a this section shall be construed to affect personnel policies to weapons systems person who is not here under some per- existing law or authorities relating to to research and development across the manent legal status—could be rounded the detention of United States citizens, Department of Defense and the mili- up and put in a prison and only a mili- lawful resident aliens of the United tary. And I especially commend Chair- tary prison. That is not what this bill States, or any other persons who are man MCKEON, Ranking Member SMITH, authorizes. It leaves open the option captured or arrested in the United and all the staff who have worked all that such a person could be detained in States.’’ year to make this possible, but have a regular civilian prison or in a mili- So what are ‘‘existing law and au- worked especially hard in the last few tary prison. thorities’’? As former FBI Director days to make this conference report I would reject completely the propo- William Sessions has recently written: possible before the Congress adjourns. sition that any person could be held in ‘‘The provision does not limit such de- There are a number of good, impor- any facility—military or civilian—any- tention authority to people captured tant provisions in this bill that where in our country indefinitely with- on the battlefield. The reality is that strengthen our country’s national se- out the right to have the charges that current law on the scope of such execu- curity. But in light of the comments are levied against them heard by some

VerDate Mar 15 2010 04:47 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.043 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8925 neutral finder of fact. It is our inter- If enacted, these detention provisions unclear. Passage of Section 1031 would ex- pretation that the habeas corpus provi- would for the first time codify authority for plicitly provide this authority by statute for sions already extend to these individ- methods such as indefinite detention with- the first time, thereby clearly, and dan- out charge and mandatory military deten- gerously, expanding the power for indefinite uals. That is to say that a nonresident tion, and would authorize their application— detention. or nonlegal person in the country who on the basis of suspicion alone—to virtually I firmly believe that the United States can is held under such circumstances in anyone picked up in antiterrorism efforts, best preserve its national security by main- fact has the right of habeas corpus. I including those arrested on U.S. soil. In ef- taining the use of proven law enforcement think the law requires it. I think the fect, the U.S. military would become the methods and our well-tested traditional Constitution demands it. judge, jury and jailer of terrorism suspects, criminal justice system to combat terrorism. to the exclusion of the FBI and other law en- By contrast, enacting the NDAA without b 1430 forcement agencies. first removing the current detainee provi- There is a legitimate difference of An astounding array of individuals from sions could pose a genuine threat to our na- opinion as to whether or not that con- across the political spectrum opposes the tional security and would represent a sweep- over-militarization of our counterterrorism ing and unnecessary departure from our con- clusion is correct. That is the state of efforts, and for good reason. I have attached stitutional tradition. present law. This bill does not amend Beyond Guantanamo: A Bipartisan Declara- I therefore urge you, as conferees, to strip present law in a way that I would like tion, organized by The Constitution Project these dangerous detainee provisions from the to see it amended by clarifying that and Human Rights First, in which I joined NDAA. Thank you for your consideration. right of habeas corpus, but it abso- with over 140 additional former government Sincerely, lutely does not erode or reduce what- officials and practitioners from across the WILLIAM S. SESSIONS. ever protections exist under existing political spectrum in explaining that federal courts are the most effective mechanism for OCTOBER 7, 2011. law. trying terrorism cases, and that indefinite Hon. HARRY REID, So those who would share our view detention without charge runs afoul of our Majority Leader, U.S. Capitol, Washington, DC. that the right of habeas must be clari- Constitution and would harm U.S. interests DEAR SENATOR REID: We are members of a fied should work together to pass a globally. As a former federal judge, former nonpartisan group of retired generals and ad- statute that does just that, but we U.S. Attorney, and former director of the mirals who believe that U.S. counterter- should not subvert this necessary and FBI, I myself can attest to the competence rorism policies are strongest when they ad- important bill. of our nation’s law enforcement officers and here to the rule of law and American values. I would urge a ‘‘yes’’ vote on the bill. civilian federal courts, as well as the ur- As such, we write to applaud your leadership Mr. NADLER. Mr. Speaker, I yield 3 gency to preserve these tools for use in our in ensuring that the detainee provisions counterterrorism efforts. (Section 1031–1033) in the Senate Armed minutes to the gentleman from Michi- Secretary of Defense Leon Panetta simi- Services Committee’s reported version of the gan (Mr. CONYERS), the distinguished larly opposes this transfer of responsibility Fiscal Year 2012 National Defense Authoriza- ranking member of the Judiciary Com- to the military. Indeed, virtually the entire tion Act do not move forward. mittee. national security establishment—including If passed, we believe these provisions would (Mr. CONYERS asked and was given James Clapper, the director of national in- reshape our counterterrorism policies in permission to revise and extend his re- telligence; Robert Mueller III, the director of ways that would undermine our national se- marks.) the FBI; , the director curity and transform our armed forces into Mr. CONYERS. Members of the of the CIA; White House Advisor for Counter- judge, jury and jailor for foreign terrorism terrorism John Brennan; Lisa Monaco, the suspects. The military’s mission is to pros- House of Representatives, this issue assistant attorney general for national secu- ecute wars, not terrorists. The bill would ex- has never gone before the House Judici- rity; and Jeh Johnson, general counsel for pand the military’s mission to detain and try ary Committee—never. the Department of Defense—has warned that a large category of future foreign terror sus- I have a letter dated December 14 further restricting the tools at our disposal pects, which falls outside the military’s core that says: to combat terrorism is not in the best inter- competence and erodes faith in the judicial ‘‘There has been some debate over est of our national security. I implore you to process. It would also authorize the indefi- whether section 1021 of the National heed their warning. nite detention without trial of terrorism sus- Defense Authorization Act merely re- With regard specifically to Section 1031 pects, including American citizens captured from the Senate bill, some have argued that states existing law or would, for the on U.S. soil—a policy that is contrary to the Section simply reiterates current law, and very American values needed to win this first time, codify authority for the by doing so maintains the status quo. That is fight. President to indefinitely detain, with- not the case. This very dangerous provision As retired military leaders, we believe in out charge, virtually anyone picked up would authorize the President to subject any the importance of the underlying bill to sus- in antiterrorism efforts, including suspected terrorist who is captured within tain the strength of our Armed Services. For United States citizens arrested on the United States—including U.S. citizens that reason, we have been advocating United States soil. and U.S. persons—to indefinite detention against these provisions, and agree with ‘‘Please find attached a letter from without charge. The provision does not limit your statement that our nation: must main- Judge William Sessions, a former Fed- such detention authority to people captured tain the capability and flexibility to effec- on the battlefield. Importantly, although tively apply the full range of tools at our dis- eral judge and former Director of the subsection (e) of this provision states that posal to combat terrorism. This includes the FBI under Presidents Reagan, Bush, the provision should not be ‘‘construed to af- use of our criminal justice system, which has and Clinton, explaining that current fect existing law or authorities’’ relating to accumulated an impressive record of success law on this point is unclear, and that detention of ‘‘persons who are captured or in bringing terrorists to justice. Limitations enacting section 1021 of this act would arrested in the United States,’’ the reality is on that flexibility, or on the availability of dangerously expand the power for in- that current law on the scope of such execu- critical counterterrorism tools, would sig- definite detention.’’ tive authority is unsettled. nificantly threaten our national security. In fact, on two occasions when this issue With your commitments this week, you I would like to place in the RECORD was on track to come before the U.S. Su- took an important step to avert those sundry correspondence, including the preme Court, the executive branch changed threats. letter from Judge Sessions. course so as to avoid judicial review. Specifi- Sincerely, THE CONSTITUTION PROJECT, cally, in both the Padilla case in 2005–06 (in- General Joseph P. Hoar, USMC (Ret.); Washington, DC, December 9, 2011. volving a U.S. citizen) and the al-Marri case General Charles C. Krulak, USMC DEAR REPRESENTATIVE MCKEON AND FEL- in 2008–09 (involving a legal permanent U.S. (Ret.); General David M. Maddox, USA LOW CONFEREES, I am writing to you with resident), the U.S. government claimed that (Ret.); General Merrill A. McPeak, grave concern over the National Defense Au- the President had the authority to detain a USAF (Ret.); General William G. T. thorization Act of 2012 (NDAA). It is highly suspected terrorist captured within the Tuttle Jr., USA (Ret.); Lieutenant Gen- regrettable that the Senate passed the United States indefinitely without charge or eral Robert G. Gard Jr., USA (Ret.); NDAA without first stripping it of dangerous trial. In both instances, however, before the Vice Admiral Lee F. Gunn, USN (Ret.); provisions regarding the treatment of de- Supreme Court could hear the case and Lieutenant General Arlen D. Jameson, tainees. But it is not too late to act; as con- evaluate this claim, the Justice Department USAF (Ret.); Lieutenant General ferees, it is now your task to remove these reversed course and charged the defendant Charles Otstott, USA (Ret.); Lieuten- harmful provisions before the NDAA be- with criminal offenses to be tried in civilian ant General Harry E. Soyster, USA comes law. I strongly urge you to do so, and court. Thus, this extreme claim of executive (Ret.); Major General Eugene Fox, USA to preserve both our constitutional tradi- detention authority for people captured (Ret.); Rear Admiral Don Guter, USN tions and our most effective tools in the within the United States has never been (Ret.); Rear Admiral John D. Hutson, fight against terrorism. tested, and the state of the law at present is USN (Ret.); Major General Melvyn S.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.044 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8926 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Montano, USAF (Ret.); Major General little impact if Congress simply continues to strict a process that currently encourages William L. Nash, USA (Ret.); Major insert these restrictions into legislation on intelligence collection through the preserva- General Thomas J. Romig, USA (Ret.); an annual basis without ever revisiting the tion of all lawful avenues of detention and Major General Antonio ‘Tony’ M. substance of the legislation. As national se- interrogation. Taguba, USA (Ret.); Brigadier General curity officials in this Department and else- Our intelligence professionals are best John Adams, USA (Ret.); Brigadier where have explained, transfer restrictions served when they have the greatest flexi- General James Cullen, USA (Ret.); such as those outlined in section 1033 are bility to collect intelligence from suspected Brigadier General David R. Irvine, USA largely unworkable and pose unnecessary ob- terrorists. I am concerned that the detention (Ret.); Brigadier General John H. stacles to transfers that would advance our provisions in the National Defense Author- Johns, USA (Ret.); Brigadier General national security interests. ization Act could reduce this flexibility. Anthony Verrengia, USAF (Ret.); Brig- Section 1035. Finally, section 1035 shifts to Sincerely, adier General Stephen N. Xenakis, USA the Department of Defense responsibility for JAMES R. CLAPPER. (Ret.). what has previously been a consensus-driven interagency process that was informed by U.S. DEPARTMENT OF JUSTICE, THE SECRETARY OF DEFENSE, the advice and views of counterterrorism FEDERAL BUREAU OF INVESTIGATION, Washington, DC, November 15, 2011. professionals from across the Government. Washington, DC, Nov. 28, 2011. Hon. CARL LEVIN, We see no compelling reason—and certainly Hon. CARL LEVIN, Chairman, Committee on Armed Services, U.S. none has been expressed in our discussions to Chairman, Committee on Armed Services, U.S. Senate, Washington, DC. date—to upset a collaborative, interagency Senate, Washington, DC. DEAR MR. CHAIRMAN: I write to express the approach that has served our national secu- DEAR MR. CHAIRMAN: I am writing to ex- Department of Defense’s principal concerns rity so well over the past few years. press concerns regarding the impact of cer- with the latest version of detainee-related I hope we can reach agreement on these tain aspects of the current version of Section language you are considering including in important national security issues, and, as 1032 of the National Defense Authorization the National Defense Authorization Act always, my staff is available to work with Act for Fiscal Year 2012. Because the pro- (NDAA) for Fiscal Year 2012. We understand the Committee on these and other matters. posed legislation applies to certain persons detained in the United States, the legislation the Senate Armed Services Committee is Sincerely, may adversely impact our ability to con- planning to consider this language later LEON PANETTA. tinue ongoing international terrorism inves- today. We greatly appreciate your willingness to DIRECTOR OF NATIONAL INTELLIGENCE, tigations before or after arrest, derive intel- listen to the concerns expressed by our na- Washington, DC. ligence from those investigations, and may tional security professionals on the version Hon. DIANNE FEINSTEIN, raise extraneous issues in any future pros- of the NDAA bill reported by the Senate Chairmen, Select Committee on Intelligence, ecution of a person covered by Section 1032. The legislation as currently proposed Armed Services Committee in June. I am U.S. Senate, Washington, DC. raises two principal concerns. First, by es- convinced we all want the same result—flexi- DEAR MADAM CHAIRMAN: I am writing in re- tablishing a presumption of military deten- bility for our national security professionals sponse to your letter requesting my views on the effect that the detention provisions in tion for covered individuals within the in the field to detain, interrogate, and pros- United States, the legislation introduces a ecute suspected terrorists. The Department the National Defense Authorization Act for Fiscal Year 2012 could have on the ability of substantial element of uncertainty as to has substantial concerns, however, about the what procedures are to be followed in the revised text, which my staff has just received the Intelligence Community to gather counterterrorism information. In my view, course of a terrorism investigation in the within the last few hours. United States. Even before the decision to Section 1032. We recognize your efforts to some of these provisions could limit the ef- arrest is made, the question of whether a address some of our objections to section fectiveness of our intelligence and law en- Secretary of Defense waiver is necessary for 1032. However, it continues to be the case forcement professionals at a time when we need the utmost flexibility to defend the na- the investigation to proceed will inject un- that any advantages to the Department of certainty as to the appropriate course for Defense in particular and our national secu- tion from terrorist threats. The Executive Branch should have maximum flexibility in further investigation up to and beyond the rity in general in section 1032 of requiring moment when the determination is made that certain individuals be held by the mili- these areas, consistent with our law and val- ues, rather than face limitations on our op- that there is probable cause for an arrest. tary are, at best, unclear. This provision re- Section 1032 may be read to divest the FBI tions to acquire intelligence information. As strains the Executive Branch’s options to and other domestic law enforcement agen- stated in the November 17, 2011, Statement utilize, in a swift and flexible fashion, all the cies of jurisdiction to continue to inves- of Administration Policy for S. 1867, ‘‘[a]ny counterterrorism tools that are now legally tigate those persons who are known to fall available. bill that challenges or constrains the Presi- within the mandatory strictures of section Moreover, the failure of the revised text to dent’s critical authorities to collect intel- 1032, absent the Secretary’s waiver. The leg- clarify that section 1032 applies to individ- ligence, incapacitate dangerous terrorists, islation may call into question the FBI’s uals captured abroad, as we have urged, may and protect the nation would prompt the continued use or scope of its criminal inves- needlessly complicate efforts by frontline President’s senior advisers to recommend a tigative or national security authorities in law enforcement professionals to collect veto.’’ further investigation of the subject. The leg- Our principal objective upon the capture of critical intelligence concerning operations islation may restrict the FBI from using the a potential terrorist is to obtain intelligence and activities within the United States. grand jury to gather records relating to the Next, the revised language adds a new information and to prevent future attacks, covered person’s communication or financial qualifier to ‘‘associated force’’—‘‘that acts in yet the provision that mandates military records, or to subpoena witnesses having in- coordination with or pursuant to the direc- custody for a certain class of terrorism sus- formation on the matter. Absent a statutory tion of al-Qaeda.’’ In our view, this new lan- pects could restrict the ability of our na- basis for further domestic investigation, Sec- guage unnecessarily complicates our ability tion’s intelligence professionals to acquire tion 1032 may be interpreted by the courts as to interpret and implement this section. valuable intelligence and prevent future ter- foreclosing the FBI from conducting any fur- Further, the new version of section 1032 rorist attacks. The best method for securing ther investigation of the covered individual makes it more apparent that there is an in- vital intelligence from suspected terrorists or his associates. tent to extend the certification requirements varies depending on the facts and cir- Second, the legislation as currently draft- of section 1033 to those covered by section cumstances of each case. In the years since ed will inhibit our ability to convince cov- 1032 that we may want to transfer to a third September 11, 2001, the Intelligence Commu- ered arrestees to cooperate immediately, and country. In other words, the certification re- nity has worked successfully with our mili- provide critical intelligence. The legislation quirement that currently applies only to tary and law enforcement partners to gather introduces a substantial element of uncer- Guantanamo detainees would permanently vital intelligence in a wide variety of cir- tainty as to what procedures are to be fol- extend to a whole new category of future cumstances at home and abroad and I am lowed at perhaps the most critical time in captures. This imposes a whole new restraint concerned that some of these provisions will the development of an investigation against on the flexibility we need to continue to pur- make it more difficult to continue to have a covered person. Over the past decade we sue our counterterrorism efforts. these successes in the future. have had numerous arrestees, several of Section 1033. We are troubled that section Taken together, the various detention pro- whom would arguably have been covered by 1033 remains essentially unchanged from the visions, even with the proposed waivers, the statute, who have provided important in- prior draft, and that none of the Administra- would introduce unnecessary rigidity at a telligence immediately after they have been tion’s concerns or suggestions for this provi- time when our intelligence, military, and arrested, and in some instances for days and sion have been adopted. We appreciate that law enforcement professionals are working weeks thereafter. In the context of the ar- revised section 1033 removes language that more closely than ever to defend our nation rest, they have been persuaded that it was in would have made these restrictions perma- effectively and quickly from terrorist at- their best interests to provide essential in- nent, and instead extended them through tacks. These limitations could deny our na- formation while the information was current Fiscal Year 2012 only. As a practical matter, tion the ability to respond flexibly and ap- and useful to the arresting authorities. however, limiting the duration of the restric- propriately to unfolding events—including Nonetheless, at this crucial juncture, in tions to the next fiscal year only will have the capture of terrorism suspects—and re- order for the arresting agents to proceed to

VerDate Mar 15 2010 04:47 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.020 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8927 obtain the desired cooperation, the statute Secondly, Section 1021 is not the current the conference report leaves definitions that requires that a waiver be obtained from the law of the land and instead is new and dan- are very broad of who can be detained without Secretary of Defense, in consultation with gerously extensive detention authority that has charge or trial. the Secretary of State and the Director of Secondly, let me remind my colleagues that National Intelligence, with certification by its origins in case law that never involved the Secretary to Congress that the waiver questions of whether American citizens could Section 1021 is not the current law of the was in the national security interests of the be indefinitely detained. land. The definition in Section 1021 was used United States. The proposed statute ac- Third, Section 1022 violates due process by by the Obama Administration to continue to knowledges that this is a significant point in permitting indefinite military detention without detain indefinitely without charge or trial de- an ongoing investigation. It provides that charge or trial. tainees at Guantanamo Bay, GITMO. This def- surveillance and intelligence gathering on Next, the conference report ignores the con- inition was used in court cases dealing with the arrestee’s associates should not be inter- cerns of members of our intelligence commu- GITMO detainees, NOT American citizens. rupted. Likewise, the statute provides that nity, domestic law enforcement, and former Thus, the question is whether this Congress an ongoing interrogation session should not be interrupted. generals who have opposed these provisions wants the same GITMO detainee standard ap- These limited exceptions, however, fail to because they would undermine the ability of plied to American citizens? Do you want our recognize the reality of a counterterrorism the government to interrogate and prosecute government treating American citizens that investigation. Building rapport with, and suspected terrorists. way? convincing a covered individual to cooperate Lastly, the conference report displaces the Section 1021 states that ‘‘Nothing in the once arrested, is a delicate and time sen- legal expertise necessary for trying successful section shall be construed to affect existing sitive skill that transcends any one interro- terrorism cases. law or authorities relating to the detention of gation session. It requires coordination with First, Section 1021 grants broad discre- United States citizens, lawful resident aliens of other aspects of the investigation. Coordina- tionary authority that could permit the indefi- tion with the prosecutor’s office is also often the United States or any other persons who an essential component of obtaining a de- nite detention of United States citizens. The are captured or arrested in the United States.’’ fendant’s cooperation. To halt this process indeterminate breadth of conference report This does not mean that American citizens are while the Secretary of Defense undertakes provides little or no protection against the in- protected. the mandated consultation, and the required definite detention of United States citizens. In I am very troubled today to have learned certification is drafted and provided to Con- addition, it threatens our constitutional protec- that when an amendment came up in the Sen- gress, would set back our efforts to develop tions and civil liberties. ate to address these protections for American intelligence from the subject. I would like to know why an amendment to We appreciate that Congress has sought to citizens, members of the Senate stated that address our concerns in the latest version of exempt American citizens from indefinite mili- they would want room in the law for an Amer- the bill, but believe that the legislation as tary detention failed in the Senate. If we were ican citizen to fall under this new and broad currently drafted remains problematic for concerned about preserving the civil liberties definition. the reasons set forth above. We respectfully and constitutional protections for American citi- No one at GITMO is an American citizen ask that you take into account these con- zens, why did it fail? In addition, if existing and the only cases that deal with this type of cerns as Congress continues to consider Sec- laws prohibit this, why did we not specify this indefinite detention without charge or trial are tion 1032. in the bill? Although supporters of this bill con- GITMO detainee cases. So there is no good Sincerely, tinue to claim that this bill would not expand law out there. ROBERT S. MUELLER III, Director. detention authority inside of the U.S., that is Thus, if existing laws do impact the civil lib- just not the case. erties of American citizens, then we need to I know you gentlemen have studied There are too many questions that affect be changing those laws instead of codifying this in the Armed Services Committee; our civil liberties in the conference report that them. but I’ve got a letter from the former should have been referred to the Judiciary Thirdly, the conference report violates due head of the FBI and Judge Williams Committee for review and clarification. For ex- process and rejects our American values. The Sessions, and another letter from 23 ample, Section 1021 is broad in its definition United States Constitution grants specific due generals and admirals saying the same of ‘‘hostilities’’, what constitutes ‘‘directly sup- process rights to citizens that guarantee they thing. I know you’re very learned peo- porting hostilities in aid of enemy forces,’’ and will be charged and brought to trial in the ple and very conscientious, but, please, does not address the question of when or how event they are apprehended by law enforce- when the heads of the FBI, Repub- do we determine ‘‘the end of hostilities.’’ ment. However, Section 1022 militarizes our licans, judges, all tell you that you’re Former FBI Director under Reagan, Bush, justice system and could allow United States doing the wrong thing, what does it and Clinton and former Judge, Williams S. citizens to be detained by the military without take for us to vote this down; because Sessions, recently wrote to the conferees ex- charge or trail. this provision allows, for the first time, plaining that ‘‘This very dangerous provision We take an oath every Congress to uphold we codify a court decision that will would authorize the President to subject any the Constitution and to guard its values and now make it okay to lock up U.S. citi- suspected terrorist who is captured within the protections for American citizens. Earlier this zens for terrorism. United States—including U.S. citizens and year, members of this body stood before the This is what it says, Mr. Chairman. I will read it again: U.S. persons—to indefinite detention without American people and read the Constitution. ‘‘There has been some debate’’—— charge. The provision does not limit such de- Yet I must inquire whether that was theatrics Mr. SMITH of Washington. Will the tention authority to people captured on the or did we intend to follow through with our ob- gentleman yield for a point of clarifica- battlefield. Importantly, although subsection (e) ligation? The broad definitions in 1022 could tion? of this provision states that the provision include American citizens under indefinite mili- That person—— should not be ‘construed to affect existing law tary detention, and thus must be opposed if Mr. CONYERS. Will the gentleman or authorities’ relating to detention of persons we are to be protectors of the Constitution. let me recognize him on his own time? who are captured or arrested in the United Next, this Congress has ignored the con- I only have 3 minutes. States,’ the reality is that current law on the cerns of our national intelligence community. The SPEAKER pro tempore. The scope of such executive authority is unset- Changes into Section 1022 will undermine the time of the gentleman has expired. tled.’’ ability of the government to interrogate and Mr. CONYERS. I would like to remind my With so much ambiguity, this bill could au- prosecute suspected terrorists. colleagues that provisions within the con- thorize detention—into perpetuity—United The Secretary of Defense, Leon Panetta, ference report impact our civil liberties and States citizens who in some instances—such Director of the FBI, Robert Mueller, Director of should have been referred to the Judiciary as making statements protected under the National Intelligence, James Clapper, CIA pro- Committee for review. The conference report First Amendment—could arguably be consid- fessionals, along with dozens of retired gen- dangerously expands existing authorizations ered subject to indefinite detention under this erals and professional interrogators have re- pertaining to individuals detained by the provision. jected this proposal because it is a militariza- United States government and the military. In addition, Section 1021 does not expressly tion of our justice system and some have stat- First, Section 1021 grants broad discre- address whether U.S. citizens or lawful resi- ed that these provisions are unwise and un- tionary authority that could permit the indefi- dent aliens may be determined as ‘‘covered workable. nite detention of United States citizens, areas persons’’ subject to detention under the sec- Members of the House claim that out of re- of law that should have been referred to the tion. Although the conference report includes spect for our military we need to pass this au- Judiciary Committee. the amendment offered by Senator FEINSTEIN, thorization. However, passing this bill ignores

VerDate Mar 15 2010 04:47 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A14DE7.022 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8928 CONGRESSIONAL RECORD — HOUSE December 14, 2011 their concerns and will negatively impact oper- I also support efforts to enhance the ability year 2012. This is the 50th consecutive ations that preserve our national security. of Customs & Border Protection to prevent conference report for the National De- Under the provisions of the conference report, counterfeit goods from being imported into the fense Authorization Act. intelligence and domestic law enforcement United States. However, Section 8 of this bill I have the honor of serving as the would lose authority to take further action with will disrupt the flow of genuine brand name chairman of the Tactical Air and Land terrorist suspects in U.S. custody absent a products into the United States. Forces Subcommittee of our Armed wavier from the President—which still thwarts This is true because many of the goods Services Committee. Under the full the information gathering that is crucial at that which CBP inspectors view with suspicion are committee leadership of Chairman time of arrest. in fact genuine goods, lawfully moving in dis- MCKEON and Ranking Member SMITH, This provision in the conference report will tribution streams parallel to the authorized dis- the support of SILVESTRE REYES, our cause controversy and chaos in handling ter- tributors. These transactions are desirable be- subcommittee’s ranking member, and a rorism investigations. Tying the hands of our cause they provide U.S. consumers with price superb staff, ours is truly a bipartisan intelligence and law enforcement professionals competition and wider distribution of brand effort. would also cause unnecessary delays in jus- name products. Consideration of this conference re- tice. However, the existence of these trans- port comes at a critical period for our These provisions also harm our national se- actions is often under attack by trademark and Nation and our military. World events curity by threatening the global reputation of copyright owners who actively seek to control and the Nation’s fiscal circumstances the United States. Under President Obama, resale pricing and downstream distribution of have challenged our government’s will the image of the United States has been re- the products they have already sold into com- and capacity to constructively address stored as well as the rule of law. However, the merce. Section 8 will give anti-competitive the enormity of the challenges we face. conference report rejects our national values companies a new tool by giving them con- We need to develop a new national of democracy, due process, and justice by au- fidential information about competing parallel military strategy that better reflects thorizing the military’s role in domestic law en- imports at their times of arrival, while they are the current and projected threat and forcement. still detained by CBP and unavailable to the fiscal environment. This is needed to Lastly, the conference report displaces the importer, and without giving the importer an facilitate full and balanced consider- legal expertise necessary for trying successful opportunity to prove its goods are genuine, ation of force structure and equipment terrorism cases. A bi-partisan alliance of our and without even giving notice to the importer investment plans and programs. national defense and intelligence community— that its information has been shared with a Our first priority and immediate re- including retired generals—have spoken out competitor seeking to prevent its lawful trans- quirement is to fully support our per- against provisions in Section 1022 that provide action. sonnel serving overseas in Afghanistan for military commissions to conduct terrorism This problem could be minimized if Section and the many other countries where we trials. 8 is limited to goods raising national security have asked them to serve under the The military has not even completed 3 per- concerns or purchases by the military. I be- daily, constant threat to their personal cent of the case load that the Justice Depart- lieve that is the intent of this provision of the survival. This conference report prop- ment has completed. Military tribunals have Department of Defense Appropriation bill. erly reflects this immediate require- completed six terrorism cases, compared to This problem could also be minimized if this ment. the Justice Department’s case load of close to bill or CBP would adopt the safeguards which The National Defense Authorization 400 cases with a 90 percent conviction rate to the Administration proposes be included in the Act Conference Report authorizes an go along with that. To date, there is no record Customs Reauthorization Act. This would be additional $325 million for National of any federal court unable to convict a ter- appropriate since Section 8 provides that it Guard and Reserve equipment un- rorist. sunsets when the Customs Reauthorization is funded requirements; $3 billion is pro- This is not a responsibility the military adopted. The safeguards include a require- vided to support urgent operational wants, therefore Congress should not insist on ment that the Secretary find there is a need needs and to counter improvised explo- the use of military tribunals in order to sound for disclosing confidential information, and that sive device activities; $2.7 billion is tougher on terrorists. We should not treat ter- CBP provide the importer with notice and an provided to support Mine Resistant rorists like warriors. Federal courts and our opportunity to respond before any confidential Ambush Protected Vehicle moderniza- Justice Department can deliver harsher sen- information is released to other private parties. tion and survivability enhancements; tences and are better equipped to handle such For some reason, we are adopting this pro- and $2.4 billion is provided for Army cases. In addition, Article III Judges and the vision in anticipation of a more thoughtful ap- and Marine Corps Tactical Wheeled Ve- Department of Justice are more versed in the proach in the Customs Reauthorization Act. hicles, including $155 million for devel- body of law that covers such cases. This is not a wise or needed course of action. opment of the Joint Light Tactical Ve- I was also disappointed that the conference CBP today can provide redacted samples to hicle. report failed to adopt Senate-passed language IP owners and very often that is sufficient to To meet projected future needs, an proposed by Senators MERKLEY, PAUL, and determine if they are genuine or counterfeit. LEE calling for expedited transition of responsi- CBP today keeps suspicious goods out of additional $255 million is provided to bility for military and security operations in Af- U.S. commerce while it determines if they are support the Abrams Tank industrial ghanistan to the Afghan government. genuine. The safeguards proposed by the ad- base and National Guard tank mod- Specifically, this amendment would have re- ministration will not put suspicious goods into ernization, increasing the request of 21 quired the President to devise and submit to commerce nor delay the final determination of to 70 tank upgrades, avoiding a produc- Congress a plan to expedite the drawdown of CBP because there is an existing 30-day re- tion break in the tank upgrade pro- U.S. combat troops in Afghanistan and accel- quirement that is not altered by any proposed gram; $8.5 billion is provided for F–35 erate the transfer of security authority to Af- legislation. multiservice aircraft; $3.2 billion is ghan authorities. We must not be willing to compromise our provided for 40 aircraft in two models The conference report amended the amend- civil liberties and American values for the false of F–18 aircraft; $2.4 billion is provided ment’s language to change the focus from sense of enhancing security. I urge members for V–22 Ospreys for the Marine Corps drawing down our troop footprint to empow- to vote no on the Conference report and do and the Air Force; and multiyear pro- ering and building up the Afghan security what is right for America, its people, and the curement is authorized for various forces. While a worthy goal unto itself, this rule of law. models of Army and Navy H–60 heli- language changed the focus of the amend- Mr. MCKEON. Mr. Speaker, I yield 2 copters. ment and undermined the the message ex- minutes to my friend and colleague, I urge all of my colleagues to support pressed by the entire Senate through the the gentleman from Maryland, the this conference report. Merkley Amendment. Including this provision chairman of the Subcommittee on Tac- Mr. SMITH of Washington. Mr. would have sent an important message about tical Air and Land Forces and a mem- Speaker, I yield 2 minutes to the gen- our country’s commitment to bringing the war ber of the conference committee, Mr. tleman from Texas, the ranking mem- in Afghanistan to a responsible end. It is un- BARTLETT. ber on the Air and Land Sub- fortunate that the report does not reflect a po- Mr. BARTLETT. I rise in support of committee, Mr. REYES. sition supported by a majority of the American the conference report for the National Mr. REYES. I thank the gentleman people. Defense Authorization Act for fiscal for yielding me time.

VerDate Mar 15 2010 04:47 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.017 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8929 Mr. Speaker, I rise today in support We have sworn to uphold our Con- Mr. Speaker, our constituents sent us of the Fiscal Year 2012 National De- stitution of the United States of Amer- here to provide for the common de- fense Authorization Act. This bill rep- ica regardless of which committee you fense, yes, but they also sent us here to resents months of hard work by Mem- serve on. Yet we’re about to give our safeguard their liberty. bers on both sides of the aisle. And I es- seal of approval to a bill that gives the So I ask my colleagues to think long pecially wanted to thank my friend and military the authority to hold Amer- and hard about this vote, and I ask the chairman, Mr. MCKEON, and Ranking ican citizens captured abroad on sus- staffers watching this on C–SPAN to Member SMITH, as well as my chair- picion of terrorism, and to hold them think long and hard before making man, ROSCOE BARTLETT, for the inclu- indefinitely without trial. their recommendations. Reject indefi- sive work that was done in this legisla- This is a codification of an unfortu- nite detention, empower civilian law tion. nate Supreme Court ruling that is enforcement, and defend the Constitu- It is important to note what this bill wrong, and it gives that ruling statu- tion. does not include. During conference ne- tory legitimacy. Mr. MCKEON. Mr. Speaker, I yield 2 gotiations, unnecessary provisions lim- Mr. Speaker, we must reject indefi- minutes to my friend and colleague, iting the work of military chaplains nite detention of Americans and defend the gentleman from Missouri, the were dropped. Now the bill will allow the Constitution. An American ar- chairman of the Subcommittee on the repeal of Don’t Ask, Don’t Tell to rested abroad could be subject to in- Seapower and Protection Forces and a proceed so that troops who defend our definite detention abroad, and that’s member of the conference committee, values will have protections that they wrong. No matter how you spin it, it’s Mr. AKIN. have fought to defend. wrong. It’s unjust, it’s Orwellian, and Mr. AKIN. Thank you, Mr. Chairman. Working with the White House, our it’s not who we are. I think that perhaps before we give committee achieved a final com- As Americans, we don’t put Ameri- the report on the status of seapower, I promise on detainees that does not cans in jail indefinitely without trial would make the comment that if this grant broad new authority for the de- no matter how heinous the accusations sequestration goes through, which peo- tention of U.S. citizens and does not es- against them. This is not what we are ple are talking about, it gravely influ- tablish a new authority for indefinite about. This is not who we are. It’s ences the ability of our country to pro- detention of terrorists. The bill strikes against our values as Americans, and tect itself, and it hollows out our force. a reasonable balance between pro- for this reason, I cannot support the As it is, if that were to go through, we tecting our Nation from terrorists like bill. would have the smallest Navy or a The bill also makes the military, not those who attacked our Nation on Sep- Navy smaller than we had in the year civilian law enforcement authorities, tember the 11th and protecting our 1916. responsible for custody and prosecution American values. It demonstrates that However, this particular authoriza- in the military courts of foreign ter- we do not need to sacrifice our civil tion bill has some good aspects. One of rorist suspects apprehended within the liberties to be safe. the things it does is support the con- United States. This provision dis- Finally, I urge Members to support struction of 10 new ships in the budget respects and demoralizes our law en- this legislation because it also includes request. The bill also is going to re- forcement officers and prosecutors who a pay raise for our troops and provides quire a competitive acquisition strat- are responsible for protecting our na- funds for the care needed to recover egy for the main engine of the next- tional security using the United States from the wounds of war. The bill im- generation bomber. That’s a place criminal justice system and process, proves access to mental health care for we’ve gotten in trouble before. It al- which has been effectively used repeat- members of the National Guard and lows the retirement of six B–1 aircraft edly to investigate, arrest, prosecute, Reserves, and the bill also expands and but still maintains the requirement for and incarcerate for long stints individ- improves laws dealing with sexual as- 36 aircraft for the next 2 years. sault and harassment. uals who are convicted of terrorism. It provides the recommended force I ask all Members to vote for this Imagine you’re an FBI agent or a from the Air Force of the strategic air- very important piece of legislation. Federal prosecutor with a tremendous lift of 301 aircraft comprised of C–17s Mr. NADLER. Mr. Speaker, I yield 4 record finding, arresting, convicting, and C–5s. It also requires the GAO to minutes to the gentleman from Geor- locking up terrorists. Now you’re told conduct an annual review on the new gia (Mr. JOHNSON). to step aside so that the military can tanker program which the military has Mr. JOHNSON of Georgia. Mr. Speak- do your job for you. The military is a just entered into. er, I have a unique position in Congress machine of war, not a law enforcement in that I serve both on the House agency. I would be remiss if I didn’t call our Armed Services Committee and the The SPEAKER pro tempore. The attention to a historic pattern that has House Judiciary Committee. The House time of the gentleman has expired. occurred all through America’s past. Armed Services Committee is charged Mr. NADLER. I yield the gentleman That is, in times of peace, we keep cut- with the responsibility of protecting an additional minute. ting defense and cutting defense, and the security of America from external Mr. JOHNSON of Georgia. Thank then some war comes up and we don’t threats. The Judiciary Committee is you. have what we need, and we sacrifice a charged with the awesome responsi- That’s why the Director of National lot of lives and money. We also give bility of protecting the rights of Amer- Intelligence, the Director of the FBI, ourselves fewer political possibilities icans to live freely and protecting that the Director of the CIA, the head of the because we are not prepared. from internal threats. Justice Department’s National Secu- We are rapidly approaching that rity division, and the Secretary of De- same mistake once again in our history b 1440 fense himself oppose this provision. with the danger of the sequestration. I know that my service on the Armed More than 400 terrorists have been We’ve already taken almost a 10 per- Services Committee has been good, and convicted in our civilian courts. Only a cent cut in defense, $450 billion. As a I appreciate the bipartisanship with handful of cases have been brought be- Navy guy, what that means is 45 air- which our chairman and the ranking fore military tribunals, and not all of craft carriers. That’s how much we’ve member addressed the issues for keep- them have been successful. cut. We only have 11 in the Navy. ing America safe from external threat. If it ain’t broke, ladies and gentle- You’re not supposed to lose them or I must commend you for, at very dif- men, don’t fix it. sink them. This would be the equiva- ficult times, in reaching this particular Terrorism is a crime, and our law en- lent of cutting 45 aircraft carriers. product. forcement authorities, our prosecutors, That’s before sequestration. We must However, I rise in opposition to this our judges are more than up to the be careful. defense authorization bill reached in task. This bill ties the hands of law en- Mr. SMITH of Washington. I yield 2 conference committee because it does forcement, militarizes counterterror- minutes to the gentlelady from Cali- disturb the rights that Americans have ism on our own soil, and makes us less fornia, the ranking member of the Per- come to enjoy under our Constitution. safe. sonnel Subcommittee, Mrs. DAVIS.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.071 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8930 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Mrs. DAVIS of California. Mr. Speak- now we are going in the opposite direc- So do we agree that no section of the er, I rise today in support of the Na- tion. People discuss their concerns NDAA purports to suspend the writ of tional Defense Authorization Act for about the potential threats posed by habeas corpus? Fiscal Year 2012. both China and North Korea. Yet when Mr. MCKEON. I agree completely. As the ranking member of the Mili- this country and this administration Mr. LANDRY. Do you agree that, as tary Personnel Subcommittee, I am ask the Congress to act in our best na- the Supreme Court has held, ‘‘a state pleased that this bill includes a number tional interest to realign forces in the of war is not a blank check for the of provisions that continues our com- Pacific, we blink. We are all talk and President when it comes to the rights mitment to our men and women in uni- no action on this very important issue. of our citizens’’? form as well as their dedicated fami- I understand the budget realities that Mr. MCKEON. I do. lies. we currently face; but we must make The SPEAKER pro tempore. The First, I want to thank my chairman, the necessary hard choices and invest- time of the gentleman has expired. JOE WILSON, for his support and assist- ments now, or it will cost more money Mr. MCKEON. I yield myself an addi- ance. I would also like to recognize and time in the long run. tional 15 seconds. Mr. LANDRY. Will the chairman as- Chairman MCKEON and Ranking Mem- That said, it is important for our sure me that together we will work ber SMITH for their leadership. partners in Japan to continue the I urge my colleagues to vote for this progress they are making to begin the with the committee to further clarify conference report as it supports our construction of a replacement facility the language contained in this bill in military and their families who have for Futenma in northern Okinawa. It is order to ensure that the clear and pre- faced the stress and the strains of a important for Prime Minister Noda to cise language which protects the con- decade at war. continue to show leadership and stitutional rights of American citizens The conference report includes a 1.6 present an environmental impact is protected? Mr. MCKEON. I do, and I will be percent pay raise for our troops. And it statement to the Governor of Okinawa happy to work with you to that end. will also require the Department of De- by the end of this year. In addition, we Mr. LANDRY. Thank you, Mr. Chair- fense to enhance suicide prevention must have further progress toward the permitting of a landfill so that we can man. programs. It allows servicemembers to Mr. MCKEON. I reserve the balance of designate any individual, regardless of finally move forward with this realign- ment. Right or wrong, the patience of my time. their relationship, to direct how their Mr. SMITH of Washington. Mr. remains are treated. those in the Senate has run out, and it is important to have more action and Speaker, I yield 1 minute to the gentle- This bill will also allow service Sec- lady from Massachusetts (Ms. TSON- retaries to permit members to partici- less rhetoric in Okinawa. The SPEAKER pro tempore. The GAS). pate in an apprenticeship program that Ms. TSONGAS. Mr. Speaker, I rise in provides employment skills training. It time of the gentlewoman has expired. Mr. NADLER. I yield the gentlelady support of the National Defense Au- makes significant enhancements to the an additional 30 seconds. thorization Act that is before us today. sexual assault and harassment policies Ms. BORDALLO. The cuts to infra- I want to thank Chairman MCKEON, of the DOD, such as requiring full-time structure funding on Guam are simply Ranking Member SMITH, and all the sexual assault coordinators and victim punitive, and they fly in the face of the members of the Armed Services Com- advocates, ensuring access to legal as- unified action by both the House and mittee who have worked to ensure that sistance, and allowing for the consider- Senate appropriators. This Congress significant protections for our service- ation of a permanent change of station. has uniformly stated that infrastruc- members are included in this year’s And, finally, H.R. 1540 will ensure fu- ture improvements are needed on bill, particularly for those who are sur- ture TRICARE prime enrollment fees Guam to sustain any type of additional vivors of military sexual trauma. are tied to increases in military retired military presence. Yet once again, our I also want to highlight the inclusion pay cost of living adjustments. rhetoric does not match our words. of a long-term reauthorization of the The bill before us continues to recog- I will continue to work to make sure Small Business Innovation Research nize the sacrifices of those who serve that we get funding to address critical program. It is the government’s most our Nation in uniform. I urge my col- infrastructure needs. As such, I urge effective research and development leagues to support this bill. all of my colleagues to vote ‘‘no’’ on program, creating jobs and fostering b 1450 this legislation. innovation in Massachusetts and Mr. MCKEON. Mr. Speaker, I yield across the country; and it plays a crit- Mr. NADLER. Mr. Speaker, I yield 2 myself 1 minute to engage in a col- ical role in the Department of Defense. minutes to the distinguished gentle- loquy with my friend from Louisiana The bill before us today ensures that lady from Guam (Ms. BORDALLO). (Mr. LANDRY). the SBIR program retains its proper Ms. BORDALLO. I wish to thank Mr. LANDRY. Will the gentleman focus on true small businesses—cre- Ranking Member SMITH for his support yield? ating a platform for needed job growth for Guam, and I thank the gentleman Mr. MCKEON. I yield to the gen- while guaranteeing that our Armed from New York (Mr. NADLER) for yield- tleman from Louisiana. Forces continue to have access to the ing. Mr. LANDRY. Mr. Speaker, I rise best technology available. Mr. Speaker, I rise in strong opposi- today in order to fulfill my constitu- I urge its passage. tion to H.R. 1540, the conference report tional duty of ensuring that the lib- Mr. NADLER. Mr. Speaker, I reserve accompanying the National Defense erties and freedoms are protected of the balance of my time. Authorization Act for Fiscal Year 2012. the men and women that this bill au- Mr. MCKEON. Mr. Speaker, I yield 2 If I were able to vote on the final pas- thorizes to fight for. The protections minutes to my friend and colleague, sage of this legislation, I would vote bestowed on U.S. citizens are the ones the gentleman from South Carolina, against this bill. that I am concerned with the most. the chairman of the Subcommittee on The bill completely ignores the im- The question now upon us is whether Military Personnel, Mr. WILSON. portant efforts that this administra- or not the NDAA impacts the rights of Mr. WILSON of South Carolina. tion has taken to better posture our a U.S. citizen to receive due process to Thank you, Chairman MCKEON, for military forces in the Pacific. Further- challenge the legality of detention by your commitment to military service- more, we undercut efforts, significant the executive before an article III members, family members, and vet- efforts, by Prime Minister Noda, in court. erans. Japan, in trying to achieve progress Mr. MCKEON. This conference report Before I begin, I want to commend with the development of a Futenma re- does no such thing. It in no way affects Vice Chairman MAC THORNBERRY for placement facility. the rights of U.S. citizens. his clarification of the detainee issue, I am deeply concerned about this bill Mr. LANDRY. My concern is that which is that the issue does not apply because there is constant talk in this when the writ is suspended, the govern- to U.S. citizens. This is directed at al Chamber about recognizing the impor- ment is entirely free of judicial over- Qaeda—illegal enemy combatants—not tance of the Asia-Pacific region, and sight. at U.S. citizens.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.052 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8931 The military personnel provisions of ating small businesses, and also the in- tained House and Senate provisions H.R. 1540 provide new and important clusion of important cyberprotections that will ensure that the FCC will not authorities to support the men and to prevent future incidents similar to be able to give final approval to that women in uniform and their families. WikiLeaks. network unless it resolves concerns Some of the more important personnel This bill will also ensure the long- about impacts to our national security. provisions contained in the conference term strength of programs critical to Recent press reports indicate that, per agreement are: a 1.6 percent increase in our naval dominance and strategic pos- new test results, LightSquared’s pro- military basic pay; a revised policy for ture, such as the purchase of two new posed network continues to create un- measuring and reporting unit oper- Virginia class submarines, fully fund- acceptable interference to DOD GPS ations tempo and personnel tempo, es- ing the development of the Ohio re- systems. pecially when we must continue our re- placement submarine, and continuing I would also like to thank Chairman solve for victory in the current mission work on the first Zumwalt DDG–1000 HAL ROGERS and Chairman RODNEY requirements. destroyer. FRELINGHUYSEN for their support of the Another initiative important to my Further, the conference committee NNSA vital nuclear weapons programs. constituents is the reform of the mili- successfully removed damaging lan- And I would also like to discuss an tary recruiting system to include grad- guage that would have ended efforts by issue that is important to our men and uates of home schooling and virtual DOD to procure clean alternative fuel women in uniform, impacts our Air schools. I see military service as oppor- technology in order to break our de- Force’s readiness, and forces service- tunity and fulfilling, and these are ex- pendence on foreign oil and reduce our members to choose between their serv- traordinary patriots who deserve the carbon footprint, which DOD officials ice to their Nation and their families. opportunity to serve. have stated are both high risks to our This is the issue of military child cus- The conference agreement would national security. tody. make the chief of the National Guard Finally, while I’m concerned that we A short time after becoming a mem- were unable to remove some harmful Bureau a member of the Joint Chiefs of ber of the House Armed Services Com- measures requiring that terrorist de- Staff. Furthermore, the agreement mittee, I was struck to learn that this tainees be held in military custody, clarifies the legal authority for the country’s judicial system was using a provisions included in this bill help ad- oversight of Arlington National Ceme- servicemember’s deployment against dress concerns about potential deten- tery, a national shrine for veterans. them when making child custody de- tion of U.S. citizens in military cus- I believe this bill is also strong in the terminations. Just to be clear, we’re tody and the flexibility of counterter- multiple provisions dealing with sexual asking an all-volunteer force, which rorism efforts by the FBI. consists of less than 1 percent of our assault; and it provides new authority, In closing, this legislation supports population, to engage in the longest such as temporary early retirement, to the incredible sacrifices that our brave conflict in our Nation’s history, endure ease the impact of future military per- men and women in uniform make for more deployments than any other gen- sonnel reductions. our country every day and provides eration in our history, and do so at the I urge all of my colleagues to support critical resources to carry out vital na- peril of losing custody of their children the conference report. tional security projects. Mr. SMITH of Washington. Mr. With that, I am proud to serve on the upon return. Speaker, may I inquire as to how much House Armed Services Committee and Recognizing this unconscionable in- justice, the House Armed Services time each side has remaining. to serve with Chairman MCKEON and Committee has included language in The SPEAKER pro tempore. The gen- Ranking Member SMITH. I commend tleman from Washington has 10 min- them for the great work they have the past five National Defense Author- utes remaining. The gentleman from done in producing a good bill, and I ap- ization Acts to provide servicemembers 1 California has 8 ⁄4 minutes remaining. preciate the staff for their great work a uniform standard of protection. This The gentleman from New York has 4 as well. provision has also made it through the minutes remaining. Mr. NADLER. Mr. Speaker, I con- House Veterans’ Affairs Committee. Mr. SMITH of Washington. With tinue to reserve the balance of my Unfortunately, despite overwhelming that, I yield 2 minutes to the gen- time. bipartisan support in the House and tleman from Rhode Island (Mr. LAN- The SPEAKER pro tempore. Without the support of the Department of De- GEVIN), ranking member on the Emerg- objection, the gentleman from Virginia fense, the Senate has once again failed ing Threats Subcommittee. will control the time of the gentleman our servicemembers and their families. (Mr. LANGEVIN asked and was given from California. It appears that they are operating on permission to revise and extend his re- There was no objection. false information. marks.) Mr. WITTMAN. Mr. Speaker, I yield 2 This provision should pass the House, and we are going to continue to stand b 1500 minutes to my friend and colleague, the gentleman from Ohio, the chair- for our servicemembers. Mr. LANGEVIN. I thank the gen- man of the Subcommittee on Strategic Mr. SMITH of Washington. Mr. tleman for yielding. Forces and member of the conference Speaker, I am pleased to yield 11⁄2 min- Mr. Speaker, I rise today in support committee, Mr. TURNER. utes to the gentlelady from Texas (Ms. of H.R. 1540, the 2012 National Defense Mr. TURNER of Ohio. Mr. Speaker, I JACKSON LEE). Authorization Act. join my colleagues in speaking in favor Ms. JACKSON LEE of Texas. I thank I would like to begin by thanking of passage of the conference report on the ranking member, and I thank the Chairman MCKEON, Ranking Member the FY12 NDAA. members of this committee. SMITH, and my subcommittee chair- As chairman of the Strategic Forces This is a very tough decision. But in man, Mr. THORNBERRY, for their leader- Subcommittee, I would like to walk the midst of welcoming home many of ship and commitment to keeping our through some of the key provisions of our troops, I believe it is important to Nation safe and protecting our service- the conference report. look at aspects of this legislation that members. As a conferee, I was proud to This conference report imposes have been corrected and aspects that join them in signing the conference re- checks on the administration’s plans have been enhanced. port Monday night, and I am even more for nuclear reductions by requiring as- Let me thank the members of the proud of our excellent staff that com- sessments of those reductions from the committee for the enhancement of the pleted a full conference in a record 1 STRATCOM commander before any nu- small business technology and the ef- week’s time. clear weapons reductions are made. It forts on research and development. Let As ranking member of the Emerging also requires the administration to dis- me thank them for the response on sex- Threats Subcommittee, I am especially close its plans for future reductions ual assault and harassment policies pleased with the inclusion of signifi- and reasserts congressional oversight that have been improved, as well as the cant funding for special operations of the Nation’s nuclear war plan. improvement of the military pay for forces, the full reauthorization of the Concerning the proposed our military families and soldiers, and SBIR program to support our job-cre- LightSquared network, we have re- the enhanced resources that have been

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.055 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8932 CONGRESSIONAL RECORD — HOUSE December 14, 2011 put in to help our soldiers return to the I urge strong support and passage of exempted from civil rights responsibil- workplace. the bill. ities that apply to all other similarly But I am concerned. And as I have re- b 1510 situated contractors or subcontractors. viewed this, let me specifically yield to Section 715 is a brazen attempt by the gentleman from Washington, the Mr. SMITH of Washington. Mr. large health care industries to over- ranking member, and ask a question on Speaker, I yield 3 minutes to the gen- turn pending litigation and exempt detention, about which I think so tleman from Georgia (Mr. BISHOP). themselves from civil rights scrutiny. many are concerned. Mr. BISHOP of Georgia. I thank the Congress should vote against weak- It is my understanding, along with gentleman for yielding. ening these laws, and I urge my col- present law, that this has been vetted, Mr. Speaker, in a few minutes I will leagues to join with me and support my the language of detention and the re- offer a motion to recommit that would motion to recommit the conference re- sponse to civilians, American civilians strike a misguided provision in the port. and legal aliens have been vetted to be conference report that would exempt Mr. WITTMAN. Mr. Speaker, I yield in sync with the Constitution, due Tricare network providers from our 11⁄2 minutes to my friend and colleague, process, and the right to habeas corpus labor protection laws. the gentleman from Missouri, the if individuals are detained. Section 715 of this conference report chairman of the Small Business Com- Mr. SMITH of Washington. Yes. That excludes the Tricare network health mittee and a member of the conference was a huge priority for me in the con- care providers from being considered committee, Mr. GRAVES. ference committee. We worked hard to subcontractors for purposes of any law. Mr. GRAVES of Missouri. Mr. Speak- make sure that that happened, and we Section 715 is nothing but an attempt er, I rise in support of the conference absolutely protect those rights. to override pending litigation and long- report on H.R. 1540. Ms. JACKSON LEE of Texas. And I standing civil rights law under Execu- Included in this bill is a long-term re- believe also that Congress has the tive Order 11246 of 1965, section 503 of authorization of the Small Business In- privilege to be notified if someone is the Rehabilitation Act of 1973, and the novative Research program. This pro- detained and has the ability to both in- Vietnam Era Veterans Readjustment gram sets aside Federal research and tervene or interact with the executive, Assistance Act of 1974. development dollars for small busi- the President, on the particularly The civil rights protections con- nesses that have cutting-edge ideas and unique circumstances of a U.S. citizen tained in these laws have existed for promising research that the govern- being detained as a person that may be decades, and they’ve served to protect ment needs. The SBIR program fosters involved in terrorist acts. millions of workers from race, sex, and innovation while giving a boost to our I thank the gentleman and would other forms of illegal discrimination. Nation’s best job creators. argue the point that this is a difficult Large Federal contractors are simply Today, I am pleased to say that the call but that this bill has value because required to have an affirmative action House and Senate have come together it improves the law on the question of plan to ensure that minority groups on a compromise that will give cer- detention and compliance with the are not being discriminated against tainty to our small businesses and Constitution. It also improves the lives and that the Department of Labor re- make important reforms to the pro- of our soldiers and families. views the records. The law currently gram. I want to thank Chairman I support the legislation. exempts employers with fewer than 50 MCKEON and Ranking Member SMITH Mr. WITTMAN. Mr. Speaker, I yield 1 employees who do not meet minimum for including this bipartisan deal in the minute to my friend and colleague, the contract value requirements. National Defense Authorization Act gentleman from Illinois, a member of The health care industry employed conference report, and I would also like the conference committee, Mr. SCHIL- approximately 16 million workers in to thank the ranking member of the LING. 2009. Hospitals and similar entities em- Small Business Committee, Ms. Mr. SCHILLING. I rise today in sup- ploy tens of thousands of minorities, VELA´ ZQUEZ, for her very important port of the NDAA conference agree- women, veterans and low-wage work- contributions to this debate, as well as ment. First I want to thank Chairman ers, groups that historically and cur- the chairman and ranking member of MCKEON and Ranking Member SMITH rently depend on the basic assurances the Science Committee, Mr. HALL and for shepherding this bill through the of fair treatment. The health care in- Ms. JOHNSON, who have also been part- committee and through the Armed dustry is the largest growing sector of ners in this effort. And, of course, all of Services Committee and for really employment in this country. the staff on the various committees doing a great job for our brave men and Veterans would be especially hard hit who have worked very hard on this. women. under this change in the law. There are They deserve a lot of credit for their This marks the 50th year of the close to 900,000 unemployed veterans in hard work. NDAA passing, and it is truly an exam- America right now. Despite their I encourage my colleagues to support ple of bipartisan cooperation for the unique experience and leadership the conference report and the thou- good of our country. I appreciate the skills, wounded warriors and veterans sands of small businesses and jobs that opportunity I have had, serving on this often struggle to find meaningful em- benefit from the SBIR program. important conference. And I believe ployment in the civilian sector. That’s The SPEAKER pro tempore. The gen- that what we have put together is a why Congress passed laws, enforced by tleman from Virginia has 33⁄4 minutes great framework that is fiscally re- the Department of Labor, to protect remaining. The gentleman from Wash- sponsible and supportive of our troops the brave men and women who have ington has 31⁄2 minutes remaining. The and national security. served our country. gentleman from New York has 4 min- Included in this bill were provisions The Office of Federal Contract Com- utes remaining. that would help support our military pliance ensures that Federal contrac- Mr. NADLER. Mr. Speaker, I will re- organic base, including arsenals like tors and subcontractors do not dis- serve until it is time to close. the one I represent in Rock Island. I criminate against our veterans, and in- Mr. SMITH of Washington. I am also am proud to represent this national stead take steps to recruit, to hire, to going to reserve until it is time to treasure found within the Department train, and to promote qualified pro- close. We are down to our last speaker. of Defense. The Rock Island Arsenal tected veterans. Mr. WITTMAN. Mr. Speaker, I would and its 8,600 employees have worked Tricare providers, the very people tell my colleagues I am prepared to hard for our country. who provide health care to our Na- close. One of the provisions that was in- tion’s veterans, are arguing that they Mr. NADLER. Mr. Speaker, I yield cluded in the NDAA allows our Army should be exempt from adhering to the myself the balance of my time. industrial facilities to enter into pri- very regulations that were passed to The SPEAKER pro tempore. The gen- vate-public partnerships under section protect our veterans. This action would tleman from New York is recognized 4544. This provision does away with the gravely undermine our efforts to em- for 4 minutes. cap on these partnerships and ends the ploy veterans. These large government Mr. NADLER. Mr. Speaker, we are sunset date. health care contractors should not be told, and this seems to be one of the

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.067 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8933 principle issues in the debate today, and certainly not a conference report. that we should try them. I also strong- that this bill, with reference to the de- All these questions should have been ly believe that the criminal justice sys- tention and security provisions, merely considered in hearings. The Judiciary tem has to be part of how we combat al codifies existing law. Some of us say Committee in both Houses, frankly, Qaeda. I have heard the argument. Peo- no, it doesn’t codify existing law; it should have held hearings. We should ple say, this is a war, not a criminal codifies claims of power by the last two have called in the counterterrorism ex- matter. Why are we bothering with administrations that have not been perts, we should have called in the things like article III courts? I disagree confirmed by the courts—by some legal scholars, we should have called in with that and have spoken out publicly courts, but not by the Supreme Court. the statutory scholars and asked: What and strongly and in many cases even Rather terrifying claims of power, does this provision mean? How should when popular support has been on the claims of the right to put Americans in it be changed? Does this provision con- other side of issues like closing of jail indefinitely without a trial even in tradict that provision, and what does it Guantanamo. the United States. really mean? Does it go beyond exist- I care deeply about this issue; and Now, I can cite specifics here. The ing law, and, if so, how can we change from the very start, I fought hard to text, for example, says very specifi- that? protect precisely the things Mr. NAD- cally that Congress affirms the author- In legislation like this, there should LER is referencing. I fought hard in the ity of the President, includes the au- be hearings and testimony and proper conference committee to make sure thority for the Armed Forces of the debate and consideration. they were protected, and they were. United States to detain covered per- Now, we can still fix this. If we defeat Now the argument is we don’t know sons pending disposition under the law this bill now, we can then take this exactly what it means; so, therefore, of war, and then expands the definition provision out of the bill, and pass the we should do nothing. It is very true of covered persons to people not impli- bill without this provision in a couple that law is unsettled. That, again, has cated or supporting or harboring people of days. We are going to be here. There nothing to do with this bill. There are implicated in 9/11 for the first time. is no reason we shouldn’t do that. And court cases ongoing; there are habeas And then we have a provision that then next year—which is only a couple corpus cases continuously happening as says nothing in this section is intended of weeks away—give proper consider- a result of Guantanamo; and it’s being to limit or expand the authority of the ation to these detention provisions if interpreted by courts and also by the President or the scope of the authoriza- people feel a need to pass them. We executive branch. I want to make it tion for use of military force. should not do such fundamental also clear that the judiciary and the Well, that directly contradicts what I changes on the fly in a conference re- executive branch would always rather just read, which is a very specific pro- port with one hour of debate, no proper that we do nothing. They would always vision. And since the rules of statutory committee consideration, no public rather forget that we are supposed to construction always say that the spe- hearings, and considerable disagree- be a coequal branch of government, but cific controls the general, this provi- ment among scholars and judges and we are. sion, frankly, insofar as it contradicts counterterrorism experts and military After 10 years and after countless the first, is meaningless. It provides no experts as to what this language means hearings, the legislative branch should protection whatsoever. The same is and what it does. say something about this. And what we true of the Feinstein amendment, for The true answer is that nobody on said we said very, very carefully to similar reasons. this floor can be 100 percent certain simply codify what the executive Now, we have disagreement we heard what this does. And when you are deal- branch and the judiciary have said on the floor today, but that reflects the ing with our fundamental liberties, about the AUMF and to make abso- disagreement in the country at large. that should say don’t pass it. So I urge lutely clear—and this language is not We have many law enforcement people, my colleagues to defeat the bill. We ambiguous—that military custody in many legal scholars disagree on what can then take this out of the bill, take the U.S. does not apply to U.S. citizens this language means. The President’s the bill up on the floor again in a cou- and does not apply to lawful resident chief counterterrorism advisor, John ple of days, and that’s the safe way to aliens. Brennan, said that the bill mandates safeguard our liberties and to do what Again, the problems that people military custody for a certain class of we have to do for our military security. have—and I share some of them—are terrorism suspects, and since it would I yield back the balance of my time. with existing law, not with this bill. apply to individuals inside the U.S.— Defeat this bill, and it won’t change a 1520 which we have heard denied on the b piece of that existing law that we’ve floor but the President’s counterterror- Mr. SMITH of Washington. Mr. heard about and that we should all be ism advisor thinks it does—it would be Speaker, I yield myself the balance of concerned about. But defeat this bill, inconsistent with the fundamental my time. and it will make it very difficult for principle that our military does not pa- The SPEAKER pro tempore. The gen- our troops to get the support they trol our streets. tleman is recognized for 31⁄2 minutes. need. And we have many generals, includ- Mr. SMITH of Washington. First of Now, I’ve been around this process ing a former Commandant of the Ma- all, let me say we had hearings on this long enough to know that there ain’t rine Corps, saying that this is a ter- last February and March. We had lan- no guarantee of fixing anything. And if rible expansion and change of existing guage in our bill which we passed in we defeat this bill, our troops will be law. May. This issue has been thoroughly left to wonder if they’re going to get Now the fact of whether it simply debated. Now, I’ve heard a couple of that pay raise, if those military sup- codifies existing law or further re- times that the Judiciary Committee port projects are going to get built, if stricts our liberties in unprecedented has not heard this issue. This has been our troops are going to get the support ways is unclear. That my friends here going on for 10 years under both Demo- they need. And I don’t know the answer can say it only codifies existing law, cratic and Republican control. I don’t to that question. and I can say and all of these other know why the Judiciary Committee So there’s a ton of very, very good people—experts, legal experts, military has not chosen to have hearings on this stuff in this bill that supports our people, counterterrorism experts—can issue, but that’s hardly our fault. We troops, that addresses Members’ con- say it goes way beyond existing law, have. We’ve had endless discussions on cerns on issues like sexual assault shows why it is dangerous to have this this. It has, in fact, been debated. within the military and a whole host of kind of provision affecting funda- And let me also say that I am very others. We need to support this bill to mental rights and civil liberties in a concerned about these very issues. On support our troops. defense authorization bill which is ad- our committee, I have been one of the And the issues that folks are con- mirable in many other ways. strongest voices of concern. I support cerned about on detention, again, that The Armed Services Committee is closing Guantanamo. I know a lot of is existing law. Whether this bill passes not the proper place to consider ques- people don’t. I think we should have all or not, those controversies will con- tions of civil liberties and legal rights, of the suspects here in the U.S. and tinue.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.060 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8934 CONGRESSIONAL RECORD — HOUSE December 14, 2011 This is an excellent piece of legisla- Additionally, the bill reinstates the especially true in this instance. This legislation tion, well-crafted and worked hard by a requirement for annual delivery of the makes the necessary investments to keep our lot of folks. It deserves an over- Navy’s 30-year shipbuilding plan solidi- troops safe and deserves to be supported. whelming ‘‘yes’’ vote. fying the need for the Navy to commu- Mr. RAHALL. Mr. Speaker, while I support With that, I urge passage and I yield nicate their plan as it relates to the the conference agreement on the National De- back the balance of my time. strategic objectives of the United fense Authorization Act, I am extremely dis- Mr. WITTMAN. Mr. Speaker, I yield States balanced against a very chal- appointed that it does not include language myself the balance of my time. lenging budget environment. from previous years to prevent the Administra- The SPEAKER pro tempore. The gen- I’m pleased that this legislation tion from moving forward with increases in tleman from Virginia is recognized for came together to support our men and TRICARE pharmacy copayments and enroll- 3 3 ⁄4 minutes. women in uniform. In times of aus- ment fees. Mr. WITTMAN. I want to thank our terity, they remain a priority, as do As a cosponsor of the Military Retirees conferees and the members of the the safety and security of this Nation. Health Care Protection Act, which would pro- Armed Services Committee once again, Today, I stand in support of this leg- hibit increases in TRICARE costs for and I want to thank our staff directors, islation and encourage my colleagues servicemembers, I do not believe our brave Bob Simmons and Paul Arcangeli. to support its passage; and I would like soldiers and their families should have to bear This conference report addresses a to reflect that all 26 Senate conferees the burden of closing our Nation’s deficits. wide array of policy issues, from co- signed this report, and 29 out of the 32 For thirty-five years, I have fought to expand operation with nations like Israel and core House conferees signed as well. and protect affordable, quality health care for Georgia, operations in Afghanistan, This is a solid product, thoroughly de- our servicemembers, and I will continue to do our new partnership with Iraq, and bal- bated and deliberated considerably. I so. ancing strategic opportunities and urge my colleagues to support and vote Mr. STARK. Mr. Speaker, I rise in strong risks with respect to China and Paki- in favor of the conference report. opposition to the National Defense Authoriza- stan, to mitigating the threat from Mr. Speaker, with that, I yield back tion Act because it will continue to waste more Iran and North Korea, enhancing mis- the balance of my time. money on weapons we do not need and wars sile defense, and maintaining this Na- Mr. DINGELL. Mr. Speaker, I rise in support that are not necessary. This legislation tion’s nuclear deterrent. Passage en- of the conference report for H.R. 1540, the prioritizes military spending over our economic sures our troops get a 1.6 percent pay National Defense Authorization Act. While this stability, the health of our people, and the raise and the benefits their families legislation is not without problems, it still pro- basic civil liberties guaranteed by the Constitu- rely upon. vides the necessary resources and support to This bill also ensures that we con- tion. The costs of this bill are simply too great. our men and women in uniform. As our nation Families in my district and across the coun- tinue to fulfill our Nation’s most sa- winds down one war and continues to fight an- cred obligations to our brave men and try are facing unemployment, foreclosures, other, giving the troops the resources they and the loss of their retirement savings. All women serving in the greatest all-vol- need to succeed should be a top national pri- levels of government are making difficult deci- unteer force in history. The service by ority. The legislation before us today accom- sions to decrease budget deficits. Now is the our men and women in uniform is plishes this important goal. priceless, especially during the last 10 H.R. 1540 does the right thing and gives our time to focus our efforts on bringing the de- years of combat operations. Besides service members a pay raise of 1.6 percent. It fense budget under control. Instead, this bill thanking them for their service and also ensures that we are taking adequate continues our unsustainable spending on wars sacrifice to this Nation in ensuring measures to protect our troops which are still and the military. they are afforded the best benefits and in the theatre of combat by authorizing $2.7 It is our job to spend taxpayer dollars wisely care for their service, there’s little we billion for Mine Resistant Ambush Protected and efficiently. When it comes to defense, we can do to repay them for standing the (MRAP) Vehicles, which protect our troops have failed miserably. We have doubled our watch and keeping America safe. from improvised explosive devices (IEDs). Ad- military spending since 2001, and spend six This bill authorizes a modest 1.6 per- ditionally, the legislation provides $3 billion for times more than China—the next highest- cent pay increase, but it never can ex- directly combating IEDs in Afghanistan, and spending country. Continuing to spend 60 per- press how truly grateful we are as a increases the Abrams tank program by $255 cent of our discretionary budget on an already Nation for the service and sacrifice of million. All of these important increases will bloated and redundant defense sector is more our all-volunteer force and their fami- have a real impact on the safety and wellbeing than just negligence; it is malicious. Every dol- lies. of out troops overseas, and it would be irre- lar we spend on war and weapons is a dollar Additionally, some very important sponsible to not support this legislation be- we cannot spend on education, health care, provisions were included to ensure our cause of that fact. infrastructure, or even deficit reduction. This industrial base maintains a constant The provisions relating to military detention bill does nothing to seriously rein in our de- workload and a fully employed work- for foreign al-Qaeda terrorists has generated fense budget. force; and $14.9 billion was authorized much discussion, and rightfully so. Any effort To make matters worse, this defense au- for U.S. Navy shipbuilding, a total of 10 which deals with civil liberties and constitu- thorization is costing American citizens more ships, which include two Virginia class tional rights must be taken very seriously. H.R than just their tax dollars, but their civil lib- submarines. The bill also extends the 1540 simply restates what has become law on erties as well. Provisions within this legislation multiyear funding authority for the this issue through court decisions and execu- allow anyone—including Americans—to be de- second and third Ford-class aircraft tive actions over the last 10 years. It provides tained indefinitely by the military if found to carriers for 4 to 5 years of incremental for military custody for foreigners who are have ‘‘substantially supported’’ forces ‘‘associ- funding authority. members of, or substantially supporting, al- ated’’ with a terrorist organization, or who ‘‘are American ingenuity, creativity, and Qaeda, but gives the president wide latitude to engaged in hostilities’’ against the U.S. or ‘‘co- initiative are alive and well in our try any such suspect in civilian courts. Specifi- alition partners.’’ As none of the quoted terms shipyards that build warships for the cally, the president is granted the authority to are defined, this vague language gives exces- United States Navy. Shipbuilding is issue a national security waiver to authorize a sive and broad power to the military. supported through business and indus- trial in civilian courts. The legislation also ex- Our Constitution does not permit the Fed- try spanning 50 States and designed plicitly states that U.S. citizens are not subject eral Government to detain American citizens and engineered by our greatest asset— to military detention, which is a vitally impor- without charge or trial, nor does it give the the American people. The American tant safeguard. Finally, H.R. 1540 includes military the authority to act in place of our jus- aircraft carrier is the pinnacle of this language to ensure that the FBI can continue tice system. And yet this legislation would cod- industrial engineering ingenuity and with their investigations of terrorists on U.S. ify into law the authority of the military to in- genius where mechanical, nuclear aero- soil. While this language is certainly not per- definitely detain suspected terrorists—some- space, and electrical engineering con- fect, I believe it strikes a fair compromise be- thing never even seriously considered during verge with naval architecture to form a tween national security and civil liberties as it the McCarthy-Cold War era. I could never magnificent 100,000-ton, 1,092-foot-long simply restates what our policy has been over support a measure that, in the name of secu- piece of American sovereignty that the last decade. rity, violates Americans’ constitutional rights. travels anywhere, anytime around the Decisions about war and our national de- This authorization is not an accurate reflec- world. fense should never be taken lightly, and this is tion of American values. Our first priority is

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\K14DE7.062 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8935 not, nor should it be, spending more money I would also like to thank Subcommittee ligence about them over concerns that these on defense than every other Western country Chairman QUAYLE of the Committee on individuals will end up in U.S. military custody. combined. Defense spending should not re- Science, Space, and Technology, for his work In his inaugural address, President Obama ceive privileged budgetary treatment while the in improving this legislation and ensuring that stated that we ‘‘reject as false the choice be- rest of our budget faces deep cuts, nor should it produces strong research outcomes. tween our safety and our ideals.’’ This bill it be used as a vehicle to suppress civil lib- Finally, I would like to thank our Commit- would undermine 200 years of respect for fair- erties. I urge all of my colleagues to oppose tee’s Ranking Member, Mrs. JOHNSON, who ness and due process. I strongly urge my col- this wasteful and dangerous legislation. served as a co-sponsor of the original House leagues to join me in opposing this dangerous Mr. POLIS. Mr. Speaker, I rise today in op- legislation, for her work throughout this proc- and destructive legislation. position to the Rule and the underlying bill. ess. Mr. HOLT. Mr. Speaker, this could have The bill we have before us allows for the in- This legislation has been a long time com- been a landmark bill. Instead, it offers our na- definite detention of terror suspects, including ing. I am confident that we have produced an tion more of the same—more spending on U.S. citizens, without being charged and with- outstanding bill that will improve the SBIR and programs we don’t need, and no rethinking of out the right to a trial. If enacted, this would STIR programs, will improve the quality of re- our priorities. be the first time since the McCarthy era that search and innovation from the programs, and To be fair, there are some good provisions Congress has authorized the indefinite impris- will help small businesses create high-paying in this bill—a military pay raise, additional onment of American citizens without this fun- jobs. funding for programs important to military fam- damental right. Ms. SCHAKOWSKY. Thank you, Mr. Speak- ilies. I am pleased that this bill authorizes The bill’s detainee provisions undermine our er, I rise today in strong opposition to the C $216 million for cooperative tactical missile de- national security and violate the Constitutional National Defense Authorization Act (NDAA) of fense programs with Israel like Iron Dome. In- principles we all adhere to. If we are truly con- 2012. deed, it’s astounding that some in the Repub- sidering the Nation’s best interests—we Mr. Speaker, I oppose this bill because it lican Party have suggested that America should strip this bill of these harmful provi- fails to rein in our out of control defense should zero out our aid to Israel—a reckless sions. spending, it includes over $115 billion in war idea that would endanger the security of our The federal criminal justice system has funding, and, most of all, because it codifies best ally in the Middle East. worked effectively to prosecute suspected ter- dangerous detainee provisions that are at I regret that the conferees elected to con- rorists throughout both the Bush and Obama odds with the U.S. constitution. tinue a series of dubious Cold War-era pro- administrations. This system has proven in- At a time when we are discussing drastic grams instead of taking this opportunity to do valuable in producing counterterrorism infor- cuts to domestic spending programs critical to what we must do: rescale our armed forces to mation precisely because it provides incen- millions of Americans, this bill provides a meet the real threats we face. tives for suspects to cooperate. whopping $670 billion in Pentagon spending— This bill authorizes $8.5 billion for 31 F–35 Further, the detainee provisions in this bill that’s almost as much as the rest of the world, Joint Striker Fighters and $9 billion for missile do not provide the president with the flexibility combined, spends on defense. We can reduce defense programs. Neither of these kinds of that is needed to successfully combat ter- our defense spending without jeopardizing our programs will give us the ability to deal with rorism. national security, yet this bill continues what the kind of asymmetric threats we currently Many of our Nation’s most respected mili- former Secretary Gates termed the ‘‘gusher’’ face and will likely encounter in the future. It’s tary leaders and national security leadership of defense funding. worth remembering that our Cold War-legacy have come out against the detention provi- In addition, this legislation codifies indefinite systems did nothing to stop the 9/11 attacks. sions in this bill. In the past weeks, the direc- detention without charge or trial in military cus- They will do nothing to confront the cyberse- tor of the FBI, director of National Intelligence, tody for foreign Al Qaeda terrorists suspected curity threats we face. They will do nothing to Secretary of Defense, and head of the Na- of involvement in attacks on the U.S. It also address our imported oil vulnerability, or our tional Security Division at the Department of blocks the transfer of Guantanamo Bay detain- strategic minerals vulnerability. Continued Justice have all spoken out against these de- ees to the U.S., even for trial. It severely re- funding of these and other Cold War-era pro- tainee provisions. stricts the transfer of detainees to third coun- grams only proves that the Congress has no Instead of protecting our Nation, these de- tries. intention of seriously rethinking our defense tainee provisions will ultimately make our Na- Most disturbingly, the bill does not guar- spending priorities, without which we cannot tion less safe at a time when we need every antee suspected terrorists a trial, even if they possibly responsibly provide for ‘‘the common counterterrorism tool available to defend our are U.S. citizens arrested within the United defense’’. Nation from terrorist threats. States, leaving open the possibility of indefi- Additionally, this bill should be defeated be- We will not defend our country by shredding nite detention. Passing this legislation throws cause it contains provisions that would evis- the Constitution or denying U.S. citizens of fundamental rights of American citizens into cerate Constitutional protections against indefi- their most fundamental rights. We can defend serious jeopardy. nite detention. our country while securing the basic freedoms These provisions are both dangerous and I am not at all convinced by the arguments that make America unique among the commu- unnecessary. The Secretary of Defense, Di- of proponents of this bill that sufficient nity of nations. rector of National Intelligence, and Director of changes have been made to the sections I urge Members to respect our fundamental the FBI have all publically opposed the bill’s dealing with detainees to ensure that no U.S. constitutional rights and protect our country’s detainee language. Neither the military nor the citizen can be detained indefinitely in U.S. mili- security by opposing this bill. national security establishment has sought the tary custody. We need only remember the Mr. HALL. Mr. Speaker, I urge my col- added detention authorities provided under case of Jose Padilla, the accused terrorist and leagues to support the Conference Report for this legislation. U.S. citizen who was held in a military brig for H.R. 1540, the National Defense Authorization Military detention and trial not only jeopard- years without trial. This bill would do nothing Act, which includes a reauthorization of the izes our American ideals, it is also not prac- to prevent that from happening again because SBIR and STTR programs. tical. The role of the military is to fight and win it does nothing to change the language of the This long-term reauthorization will provide wars—not to detain and try criminals. Since 9/ original Authorization for the Use of Military thousands of small businesses with the cer- 11, military commissions have convicted only Force (AUMF) passed after the 9/11 attacks. tainty necessary to facilitate innovation and six people on terror-related charges, while That language makes the President of the create high-paying jobs. The legislation will over 400 have been convicted in civilian United States the sole determiner of who is a also strengthen the program’s research and courts. Military experts have expressed con- member of Al Qaeda, or who may have ‘‘sup- development output by opening it up to more cerns about the still largely untested military ported’’ Al Qaeda, etc. Since there is no way small businesses, and will ensure the greatest tribunal system, as well as the overall capacity to immediately challenge the President’s de- return on taxpayer investment by helping us of the military to handle a large influx of ter- termination of who is a terrorist, there is no combat waste, fraud, and abuse. rorism-related cases. way to ensure that innocent Americans will not I would like to congratulate and thank Chair- Mr. Speaker, we can provide for the national be charged falsely with having committed ter- man GRAVES of the House Committee on security of the United States without jeopard- rorist acts. That is the true problem with the Small Business for his leadership in this proc- izing our fundamental freedoms and rights. detainee-related implications of this bill. ess, and for working to ensure that we pro- Even some of our closest allies, including Ger- Finally, I cannot support this bill because it duced a bill that both the House and Senate many and the UK, have expressed reticence does not even mention the recently disclosed could proudly support. to transfer suspected terrorists or share intel- scandal at the Dover Port Mortuary, much less

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A14DE7.013 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8936 CONGRESSIONAL RECORD — HOUSE December 14, 2011 take any action to correct the egregious dese- among other reasons is why I’m not voting subcontractors unlike other federal sub- cration of the remains of hundreds—and per- against this bill, and I urge my colleagues to contractors will be exempt from systemic eval- haps thousands—of our fallen heroes. do the same. uations of contractors’ employment practices. The initial revelations about the mishandling H.R. 1540, THE NATIONAL DEFENSE Additionally, their employees will lose the as- or desecration of the remains of deceased AUTHORIZATION ACT FOR FISCAL YEAR 2012 surance that there is a federal agency inde- servicemembers came about through the work Ms. BORDALLO. Mr. Speaker, I rise in op- pendently monitoring their employers’ compli- of three heroic Air Force employees at Dover. position to H.R. 1540, the National Defense ance with nondiscrimination and affirmative Despite the risk of retaliation from their chain Authorization Act for Fiscal Year 2012. Al- action law. Being a federal contractor or sub- of command, they brought their allegations to though I have serious concerns about this leg- contractor is a privilege and with that privilege the Office of Special Counsel, which ultimately islation because of its lack of commitment to comes a responsibility to comply with the law prompted investigations by the Air Force Of- forces in the Asia-Pacific region, there are por- and make equal opportunity a reality for every- fice of Special Investigations and the Army In- tions of the bill that are good for our national one. spector General. Separately, a constituent of defense. This is unfortunate as I am very pleased mine—Mrs. Lynn Smith of Frenchtown, New Chief among those provisions is section that this legislation contains a comprehensive Jersey—made me aware earlier this year that 512, which provides the Chief of the National reauthorization of the Small Business Innova- for at least several years, the unclaimed addi- Guard Bureau with a seat on the Joint Chiefs tion Research, SBIR, program and the Small tional remains of fallen servicemembers were of Staff. Including section 512 brings to a con- Business Technology Transfer, STTR, pro- being cremated, mixed with medical waste, clusion more than seven years of work to align gram. We have worked tirelessly over the last and dumped in a Virginia landfill. the roles and responsibilities of the Chief of few months on a bipartisan, bicameral basis in When Mrs. Smith learned that this had hap- the National Guard Bureau appropriately for an attempt to strike a deal on this reauthoriza- pened to her husband, she suspected imme- an operational reserve force. The provision tion and I am pleased that these efforts have diately that it had happened to others. She recognizes the unique and important role our finally paid off. was right, as we learned late last month with National Guard has played in our Nation’s de- We all recognize the important role that the Pentagon finally provided a response—al- fenses throughout history, particularly since small businesses play in fueling technological beit incomplete—to my inquiry as to how the attacks of September 11. This year, on the innovation and creating jobs in the United many servicemember’s unclaimed remains 10th anniversary of these tragedies, the Na- States. That being the case, we should be had been mishandled in this way. Right now, tional Guard will finally have the recognition doing what we can to foster a vibrant small the number stands at 274. I strongly suspect and appropriate responsibilities to ensure the business community and give our small busi- that number is actually higher. requirements and capabilities of the National nesses the tools that they need to succeed. Although the House Armed Services Com- Guard are fully integrated into our national se- The SBIR and STTR programs are such tools. mittee held a briefing with the Air Force sec- curity infrastructure. Section 511 also estab- They have been critically important programs retary and his senior staff in mid-November, lishes the position of Vice Chief of the Na- for fostering innovation by small businesses this issue is not even mentioned in this bill, tional Guard Bureau which is necessary if the and meeting the research and development which is inexcusable. At a minimum, the bill Chief of the National Guard Bureau is to sit on needs of our Federal agencies. should’ve had condemned the Air Force’s mis- the Joint Chiefs of Staff. I am particularly pleased that the SBIR/ handling of the remains and directed that the I also strongly support inclusion of section STTR reauthorization contained in this bill in- Secretary of Defense establish a family advi- 621, which provides a one-year extension of cludes important provisions to ensure that out- sory panel to make recommendations to the authority to reimburse travel expenses for in- reach is carried out to small businesses that Pentagon and the Congress on how to im- active-duty training outside of normal com- have traditionally been underrepresented in prove the casualty notification and remains muting distances. This authority is critical to the SBIR and STTR programs. This was a top disposition process. Because this bill does not the Guam National Guard as well as units in priority for me for this reauthorization since address this issue and the families impacted Hawaii and Alaska. Section 621 is an impor- one of the four stated congressional objectives by it, I will not support H.R. 1540. tant recruiting and retention tool for our Na- for the SBIR program is to increase participa- Ms. CLARKE of New York. Mr. Speaker, I tional Guard. tion by woman- and minority-owned small rise today in opposition to the National De- Finally, the bill also maintains our commit- businesses. In its 2008 evaluation of the SBIR fense Authorization Act of 2012. As a member tee’s longstanding support for the C–27J Joint program, however, the National Research of the Committee on Homeland Security, I am Cargo Aircraft program by providing authoriza- Council found that the program was not well aware of the threats that face this nation tion of appropriation for nine additional aircraft achieving this objective and recommended from home and abroad, but even though this in Fiscal Year 2013. The C–27J is a critical that targeted outreach be developed to im- struggle is of the highest stakes, we must re- tactical airlift asset for our Air Force and Air prove the participation rates of these small member the very values and basic rights that National Guard. I regret that language restrict- businesses. The reauthorization bill included in set us apart from those who would seek to de- ing the retirement of C–23 Sherpa aircraft was the Defense Authorization bill includes funding stroy us. We must remember that we cannot not maintained in the final bill, but I hope that for targeted outreach activities, consistent with sacrifice our freedom or the freedom of others the Department can clarify how it intends to the National Research Council recommenda- in order to maintain it. To follow such a path meet airlift mission requirements given the re- tions. I am thrilled that we were able to find represents a fundamental contradiction and duction in aircraft procurement over the last common ground on this important issue and degrades any moral high ground we claim to several years. have taken critical steps to ensure that all possess. The indefinite detention provisions Ms. EDDIE BERNICE JOHNSON of Texas. small businesses have access to these impor- do just that; they continue a shameful prece- Mr. Speaker, I rise today in opposition to H.R. tant programs. dent set in the wake of the attacks against our 1540, the Defense Authorization Agreement Mr. Speaker, in conclusion I must quote nation on 9/11 that allows our military to de- for FY 2012. Coretta Scott King as she once said, ‘‘Struggle tain suspected terrorists, foreign and domestic, I strongly oppose the conference language is a never-ending process. Freedom is never indefinitely and with limited ability for redress. which amends section 1097b(a) of title 10 of really won. You earn it and win it in every gen- It has been reported that if enacted, the de- United States Code which exempts important eration.’’ Moreover, I cannot in good faith sup- tention provisions would codify authority for in- and hard-fought civil rights protections that port a bill that turns back the clock on civil definite detention without charge and manda- were enacted to advance the goals of ensur- rights, fairness and inclusion in this country. tory military detention, authorizing their appli- ing equal opportunity and promoting diversity Mr. PRICE of Georgia. Mr. Speaker, this cation on the basis of suspicion to virtually in the workplace. There is no principled rea- Congress has enacted a defense authorization anyone picked up in the anti-terrorism efforts; son for creation of this grave precedent ex- bill every year for the last half-century, gen- including those arrested on U.S. soil. In effect, empting this class of subcontractors from the erally with broad bipartisan support. The rea- the U.S. military would become the sole au- workplace discrimination laws applicable to all son for this broad support is simple: under Re- thority over terrorism suspects, to the exclu- other companies that enjoy the privilege of publican and Democratic leadership alike, we sion of the U.S. judicial system. doing business with the federal government. have recognized that support for our Nation’s Mr. Speaker, this blatant eradication of Ha- Subcontractors that do follow the law deserve men and women in uniform should remain beas Corpus is a scary thing, particularly for a level playing field, instead of a Congres- above the partisan fray, unencumbered by the people of New York City who live under sional exemption for their competitors. controversial policy debates that are only tan- the constant threat of terrorism and the ever If this provision becomes law, many of those gentially related to the mission of our Armed present surveillance of law enforcement. That, TRICARE network providers that are federal Forces.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A14DE7.037 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8937 Throughout my service in Congress, I have Second, regarding U.S. nuclear forces, the cluded language in the past 5 NDAA’s to pro- almost always supported this annual measure, conference report imposes checks on the Ad- vide servicemembers a uniform national stand- which authorizes funding for a wide range of ministration’s plans for nuclear reductions by ard of protection. This provision has also programs upon which our military depends, requiring assessments of those reductions made it through the House Veterans Affairs from salaries and benefits to military health from the STRATCOM commander before any Committee. care to critical equipment and readiness ac- nuclear weapons reductions are made; requir- Unfortunately, despite overwhelming bipar- counts. I thus find it deeply unfortunate that ing the Administration to disclose its plans for tisan support in the House and the support of the House Republican leadership chose to use future reductions; and, re-asserting Congres- the Department of Defense, the Senate once this year’s bill as a vehicle for advancing ill-ad- sional oversight of the nation’s nuclear war again failed our servicemembers and their vised policies that seek to tie the President’s plan. families. It appears that they have done so hands in the war on terror and expand the Third, concerning LightSquared, we retained using false information. military’s role in the detention and disposition House and Senate provisions that will ensure Earlier this year, Secretary Gates stated, ‘‘I of terror suspects, at the expense of our civil- that the FCC will not be able to attempt to slip have been giving this matter a lot of thought ian justice system and our civil liberties. one by Congress and the DOD in the dark of and believe we should change our position to To be sure, the original House version of night again. And I note recent press reports one where we are willing to consider whether this bill, which I opposed, was much worse. It that new proposals for LightSquared’s network appropriate legislation can be crafted that pro- would not only have indefinitely extended the continue to impose unacceptable interference vides Servicemembers with a federal uniform Authorization for the Use of Military Force that to DOD GPS systems. standard of protection.’’ This year, I worked was enacted in the wake of September 11, but Also, for the first time, DOD will be able to with the DoD and the House Armed Services would also have required suspects detained directly transfer funding to NNSA Weapons Committee to provide that legislation. Yet, the pursuant to that authorization to be prosecuted Activities for up to $125 M per year if there Senate failed to provide the protections in the in military tribunals. My Republican colleagues’ are shortfalls in that budget in the event of an final bill. inexplicable insistence on forcing terror trials appropriations shortfall. Given all the sacrifices made by our into military commissions instead of civilian And the bill ensures that the credibility of servicemembers, I ask that the Senate finds it courts flies in the face of the facts; our court the U.S. deterrent and extended deterrent will within themselves to reconsider their position system has a strong record of trying and con- start to get equal billing with safety, security and work with us to provide the protections victing terrorism suspects, while the record of and reliability. our men and women in uniform deserve. It’s military commissions has been spotty at best. I also would like to thank Chairman HAL the right thing to do and we owe it to them. It is no wonder that the Obama Administration ROGERS and Chairman RODNEY FRELING- The SPEAKER pro tempore. All time threatened to veto this bill—as any administra- HUYSEN—I have appreciated their support for for debate has expired. tion, Democrat or Republican, would almost funding for NNSA’s vital nuclear weapons pro- Pursuant to House Resolution 493, certainly have done. grams, which are key to maintaining the safe- the previous question is ordered. To their credit, our Democratic conferees ty, security, reliability and credibility of the U.S. Pursuant to clause 1(c) of rule XIX, succeeded in averting the worst aspects of the nuclear weapons stockpile, and enabling any further consideration of the conference House bill in the conference report before us of the force reductions the Administration may report is postponed. today. But they didn’t go far enough. The plan, including those under the New START measure would still require all foreign sus- f treaty. pects detained in the war on terror to be kept I also hope that our NATO allies and the RECESS in military custody, potentially disrupting critical Administration read closely the provision on The SPEAKER pro tempore. Pursu- anti-terrorism operations and muddying the our extended nuclear deterrent in Europe and ant to clause 12(a) of rule I, the Chair waters of a process that should be crystal any future arms control negotiations with Rus- declares the House in recess subject to clear. As FBI Director Robert Mueller reiter- sia, which states that if any negotiations occur the call of the Chair. ated today, this provision would unnecessarily they should focus on Russia’s massive stock- Accordingly (at 3 o’clock and 27 min- complicate interrogation and intelligence col- pile of tactical nuclear weapons and that for utes p.m.), the House stood in recess lection—the very capabilities that the provi- the purposes of the negotiations, consolidation subject to the call of the Chair. sion’s supporters claim they are trying to en- or centralized storage of Russia’s tactical nu- hance. The conference report would also f needlessly reaffirm our ability to detain terror clear weapons should not be viewed as elimi- b 1740 suspects indefinitely, upholding an ambiguity nation of those weapons. This last position was recently endorsed by AFTER RECESS in current law that should be resolved by the the NATO Parliamentary Assembly, the U.S. courts. And it would impose new consultation The recess having expired, the House requirements that further restrain the discre- delegation to which I am the Chairman. was called to order by the Speaker pro Now I would like to discuss an issue that is tion of the Attorney General to determine how tempore (Mrs. BIGGERT) at 5 o’clock important to our men and women in uniform, to prosecute terror cases. and 40 minutes p.m. For these reasons, I intend to oppose the is impacting our Armed Forces readiness and f measure before us today, despite my strong forces servicemembers to choose between service to their nation and their families. This ANNOUNCEMENT BY THE SPEAKER support for the majority of its provisions. In the PRO TEMPORE future, rather than using the defense author- is the issue of military child custody. ization bill to advance their partisan agenda, I Now I would like to discuss an issue that is The SPEAKER pro tempore. Pursu- urge the Republican leadership to return to the important to our men and women in uniform, ant to clause 8 of rule XX, proceedings past practice of leaving controversial policy is impacting our Armed Forces’ readiness and will resume on motions to suspend the debates for another time and place. Our men forces servicemembers to choose between rules previously postponed. and women in uniform deserve nothing less. service to their nation and their families. This Votes will be taken in the following Mr. TURNER of Ohio. Mr. Speaker, I rise is the issue of military child custody. order: today to speak in favor of passage of the con- In a short time after becoming a member of H.R. 1905, by the yeas and nays; ference report on the FY12 NDAA. the House Armed Services Committee, I was H.R. 2105, by the yeas and nays; As the Chairman of the Strategic Forces struck to learn that this country’s judicial sys- H.R. 3421, de novo; Subcommittee, I’d like to briefly walk through tem was using servicemember’s deployments H.R. 1264, de novo. some of the key provisions in the conference against them when making child custody de- The first electronic vote will be con- report. terminations. ducted as a 15-minute vote. Remaining First, concerning U.S.-Russia missile de- Just to be clear, we are asking an all volun- electronic votes will be conducted as 5- fense, the conference report contains a modi- teer force which consists of less than one per- minute votes. fied version of a provision offered by Mr. cent of our population to engage in the longest f BROOKS of Alabama to require the President, conflict in our nation’s history, endure more before sharing any classified information about deployments than any other generation in our IRAN THREAT REDUCTION ACT OF U.S. ballistic missile defenses, to prove that it history, and do so at the peril of losing their 2011 is in the interest of the United States and to children. The SPEAKER pro tempore. The un- show how the information will be protected Recognizing this unconscionable injustice, finished business is the vote on the mo- from third party transfers. the House Armed Services Committee has in- tion to suspend the rules and pass the

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.034 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8938 CONGRESSIONAL RECORD — HOUSE December 14, 2011 bill (H.R. 1905) to strengthen Iran sanc- Lofgren, Zoe Peters Sessions Stated for: tions laws for the purpose of compel- Long Peterson Sewell Lowey Petri Sherman Mr. FILNER. Madam Speaker, on rollcall ling Iran to abandon its pursuit of nu- Lucas Pingree (ME) Shimkus 927, I was away from the Capitol due to prior clear weapons and other threatening Luetkemeyer Pitts Shuler commitments to my constituents. Had I been activities, and for other purposes, as Luja´ n Platts Shuster present, I would have voted ‘‘yea.’’ Lummis Poe (TX) amended, on which the yeas and nays Simpson Lungren, Daniel Polis Sires f were ordered. E. Pompeo Slaughter The Clerk read the title of the bill. Mack Posey Smith (NE) EXPLANATION OF INJURY Maloney Price (GA) Smith (NJ) The SPEAKER pro tempore. The Manzullo Price (NC) (Mr. FRANK of Massachusetts asked Smith (TX) Marchant Quayle question is on the motion offered by Smith (WA) and was given permission to address Marino Quigley the gentlewoman from Florida (Ms. Southerland Markey Rahall the House for 1 minute.) ROS-LEHTINEN) that the House suspend Matheson Rangel Speier Mr. FRANK of Massachusetts. the rules and pass the bill, as amended. Matsui Reed Stearns Madam Speaker, I deeply appreciate Stivers The vote was taken by electronic de- McCarthy (CA) Rehberg the solicitude of my colleagues on my McCarthy (NY) Reichert Stutzman vice, and there were—yeas 410, nays 11, McCaul Renacci Sullivan appearance. I want to first assure them not voting 12, as follows: McClintock Reyes Sutton that there is much less here than McCollum Ribble Terry meets the eye. I am going to explain [Roll No. 927] Thompson (CA) McCotter Richardson that because, as much as I appreciate YEAS—410 McGovern Richmond Thompson (MS) McHenry Rigell Thompson (PA) the solicitude, responding to it 400 Ackerman Cole Griffith (VA) McIntyre Rivera Thornberry times would seem to me a bit exces- Adams Conaway Grijalva McKeon Roby Tiberi sive, literally adding insult to injury. Aderholt Connolly (VA) Grimm McKinley Roe (TN) Tierney Akin Conyers Guinta McMorris Rogers (AL) Tipton I just want to explain that I discov- Alexander Cooper Guthrie Rodgers Rogers (KY) Tonko ered a torn ligament. We’re not exactly Altmire Costa Hahn McNerney Rogers (MI) Towns Amodei Costello Hall sure how it happened. It was easily re- Meehan Rohrabacher Tsongas Andrews Courtney Hanabusa paired today. I am wearing this be- Meeks Rokita Turner (NY) Austria Cravaack Hanna Mica Rooney Turner (OH) cause the arm was blocked and is not Baca Crawford Harper Michaud Ros-Lehtinen Upton mobile. It is simply to protect the arm. Bachus Crenshaw Harris Miller (FL) Roskam Van Hollen Baldwin Critz Hartzler Madam Speaker, I do want to antici- Miller (MI) Ross (AR) Vela´ zquez Barletta Crowley Hastings (FL) Miller (NC) Ross (FL) pate any question. This had nothing to Barrow Cuellar Hastings (WA) Visclosky Miller, Gary Rothman (NJ) Walberg do with my retirement. I did not dis- Bartlett Culberson Hayworth Miller, George Roybal-Allard Barton (TX) Cummings Heck Walden cover it until after my announcement Moore Royce Walsh (IL) Bass (CA) Davis (CA) Heinrich Mulvaney Runyan of my retirement. And I would just add Walz (MN) Bass (NH) Davis (IL) Hensarling Murphy (CT) Ruppersberger that at no point during my 31 years Wasserman Becerra Davis (KY) Herger Murphy (PA) Rush Schultz here was this ligament ever essential Benishek DeFazio Herrera Beutler Nadler Ryan (OH) Waters to the performance of my duties. Berg DeGette Higgins Napolitano Ryan (WI) Watt Berkley DeLauro Himes Neal Sa´ nchez, Linda Waxman f Berman Denham Hinchey Neugebauer T. Webster Biggert Dent Hinojosa Noem Sarbanes IRAN, NORTH KOREA, AND SYRIA Bilbray DesJarlais Hirono Nugent Scalise Welch Bilirakis Deutch Hochul Nunes Schakowsky West NONPROLIFERATION REFORM Bishop (GA) Dicks Holden Nunnelee Schiff Westmoreland AND MODERNIZATION ACT OF Bishop (NY) Dingell Holt Olson Schilling Whitfield 2011 Bishop (UT) Doggett Honda Owens Schmidt Wilson (FL) Black Dold Hoyer Palazzo Schock Wilson (SC) The SPEAKER pro tempore. Without Blackburn Donnelly (IN) Huelskamp Pallone Schrader Wittman objection, 5-minute voting will con- Bonner Doyle Huizenga (MI) Pascrell Schwartz Wolf tinue. Bono Mack Dreier Hultgren Pastor (AZ) Schweikert Womack Boren Duffy Hunter Paulsen Scott (SC) Woodall There was no objection. Boswell Duncan (SC) Hurt Payne Scott (VA) Yarmuth The SPEAKER pro tempore. The un- Boustany Edwards Inslee Pearce Scott, Austin Yoder finished business is the vote on the mo- Brady (PA) Ellmers Israel Pelosi Scott, David Young (AK) Brady (TX) Emerson Issa Pence Sensenbrenner Young (FL) tion to suspend the rules and pass the Braley (IA) Engel Jackson (IL) Perlmutter Serrano Young (IN) bill (H.R. 2105) to provide for the appli- Brooks Eshoo Jackson Lee cation of measures to foreign persons Broun (GA) Farenthold (TX) NAYS—11 who transfer to Iran, North Korea, and Brown (FL) Farr Jenkins Amash Kucinich Olver Buchanan Fattah Johnson (GA) Blumenauer Lee (CA) Stark Syria certain goods, services, or tech- Bucshon Fincher Johnson (IL) Duncan (TN) McDermott Woolsey nology, and for other purposes, as Buerkle Fitzpatrick Johnson (OH) Ellison Moran Burgess Flake Johnson, Sam amended, on which the yeas and nays Burton (IN) Fleischmann Jones NOT VOTING—12 were ordered. Butterfield Fleming Jordan Bachmann Giffords Lynch The Clerk read the title of the bill. Calvert Flores Kaptur Coble Gutierrez Myrick The SPEAKER pro tempore. The Camp Forbes Keating Diaz-Balart Johnson, E. B. Paul question is on the motion offered by Campbell Fortenberry Kelly Filner LaTourette Sanchez, Loretta Canseco Foxx Kildee the gentlewoman from Florida (Ms. Cantor Frank (MA) Kind ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ROS-LEHTINEN) that the House suspend Capito Franks (AZ) King (IA) The SPEAKER pro tempore (during the rules and pass the bill, as amended. Capps Frelinghuysen King (NY) the vote). There are 2 minutes remain- Capuano Fudge Kingston This will be a 5-minute vote. Cardoza Gallegly Kinzinger (IL) ing. The vote was taken by electronic de- Carnahan Garamendi Kissell vice, and there were—yeas 418, nays 2, Carney Gardner Kline b 1806 Carson (IN) Garrett Labrador Messrs. MORAN, STARK, ELLISON, not voting 13, as follows: Carter Gerlach Lamborn and AMASH changed their vote from [Roll No. 928] Cassidy Gibbs Lance Castor (FL) Gibson Landry ‘‘yea’’ to ‘‘nay.’’ YEAS—418 Chabot Gingrey (GA) Langevin Messrs. CAPUANO, HONDA, and Ackerman Baldwin Biggert Chaffetz Gohmert Lankford RUSH changed their vote from ‘‘nay’’ Adams Barletta Bilbray Chandler Gonzalez Larsen (WA) to ‘‘yea.’’ Aderholt Barrow Bilirakis Chu Goodlatte Larson (CT) Akin Bartlett Bishop (GA) Cicilline Gosar Latham So (two-thirds being in the affirma- Alexander Barton (TX) Bishop (NY) Clarke (MI) Gowdy Latta tive) the rules were suspended and the Altmire Bass (CA) Bishop (UT) Clarke (NY) Granger Levin bill, as amended, was passed. Amash Bass (NH) Black Clay Graves (GA) Lewis (CA) The result of the vote was announced Amodei Becerra Blackburn Cleaver Graves (MO) Lewis (GA) Andrews Benishek Blumenauer Clyburn Green, Al Lipinski as above recorded. Austria Berg Bonner Coffman (CO) Green, Gene LoBiondo A motion to reconsider was laid on Baca Berkley Bono Mack Cohen Griffin (AR) Loebsack the table. Bachus Berman Boren

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.068 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8939 Boswell Gallegly Luetkemeyer Ross (AR) Sherman Turner (OH) A recorded vote was ordered. Boustany Garamendi Luja´ n Ross (FL) Shimkus Upton Brady (PA) Gardner Lummis Rothman (NJ) Shuler Van Hollen The SPEAKER pro tempore. This Brady (TX) Garrett Lungren, Daniel Roybal-Allard Shuster Vela´ zquez will be a 5-minute vote. Braley (IA) Gerlach E. Royce Simpson Visclosky The vote was taken by electronic de- Brooks Gibbs Mack Runyan Sires Walberg Broun (GA) Gibson Maloney Ruppersberger Slaughter Walden vice, and there were—ayes 416, noes 0, Brown (FL) Gingrey (GA) Manzullo Rush Smith (NE) Walsh (IL) not voting 17, as follows: Buchanan Gohmert Marchant Ryan (OH) Smith (NJ) Walz (MN) Bucshon Gonzalez Marino Ryan (WI) Smith (TX) Wasserman [Roll No. 929] Buerkle Goodlatte Markey Sa´ nchez, Linda Smith (WA) Schultz AYES—416 Burgess Gosar Matheson T. Southerland Waters Ackerman Cuellar Hirono Burton (IN) Gowdy Matsui Sarbanes Speier Watt Adams Culberson Hochul Butterfield Granger McCarthy (CA) Scalise Stearns Waxman Aderholt Cummings Holden Calvert Graves (GA) McCarthy (NY) Schakowsky Stivers Webster Akin Davis (CA) Holt Camp Graves (MO) McCaul Schiff Stutzman Welch Alexander Davis (IL) Honda Campbell Green, Al McClintock Schilling Sullivan West Altmire Davis (KY) Hoyer Canseco Green, Gene McCollum Schmidt Sutton Westmoreland Amash DeFazio Huelskamp Cantor Griffin (AR) McCotter Schock Terry Whitfield Amodei DeGette Huizenga (MI) Capito Griffith (VA) McDermott Schrader Thompson (CA) Wilson (FL) Andrews DeLauro Hultgren Capps Grijalva McGovern Schwartz Thompson (MS) Wilson (SC) Austria Denham Hunter McHenry Schweikert Thompson (PA) Wittman Capuano Grimm Baca Dent Hurt Cardoza Guinta McIntyre Scott (SC) Thornberry Wolf Scott (VA) Tiberi Womack Bachus DesJarlais Inslee Carnahan Guthrie McKeon Baldwin Deutch Israel Carney Hahn McKinley Scott, Austin Tierney Woodall Scott, David Tipton Woolsey Barletta Dicks Jackson (IL) Carson (IN) Hall McMorris Barrow Dingell Jackson Lee Carter Hanabusa Rodgers Sensenbrenner Tonko Yarmuth Serrano Towns Yoder Bartlett Doggett (TX) Cassidy Hanna McNerney Barton (TX) Dold Jenkins Castor (FL) Harper Meehan Sessions Tsongas Young (AK) Sewell Turner (NY) Young (IN) Bass (CA) Donnelly (IN) Johnson (GA) Chabot Harris Meeks Bass (NH) Doyle Johnson (IL) Chaffetz Hartzler Mica NAYS—2 Becerra Dreier Johnson (OH) Chandler Hastings (FL) Michaud Kucinich Stark Benishek Duffy Johnson, Sam Chu Hastings (WA) Miller (FL) Berg Duncan (SC) Jones Cicilline Hayworth Miller (MI) NOT VOTING—13 Berkley Duncan (TN) Jordan Clarke (MI) Heck Miller (NC) Berman Edwards Kaptur Bachmann Gutierrez Paul Clarke (NY) Heinrich Miller, Gary Biggert Ellison Keating Coble Johnson, E. B. Sanchez, Loretta Clay Hensarling Miller, George Bilirakis Ellmers Kelly Diaz-Balart LaTourette Cleaver Herger Moore Young (FL) Bishop (GA) Emerson Kildee Filner Lynch Clyburn Herrera Beutler Moran Bishop (NY) Engel Kind Giffords Myrick Coffman (CO) Higgins Mulvaney Bishop (UT) Eshoo King (IA) Cohen Himes Murphy (CT) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Black Farenthold King (NY) Cole Hinchey Murphy (PA) Blackburn Farr Kingston Conaway Hinojosa Nadler The SPEAKER pro tempore (during Bonner Fattah Kinzinger (IL) Connolly (VA) Hirono Napolitano the vote). There are 2 minutes remain- Bono Mack Fincher Kissell Conyers Hochul Neal ing. Boren Fitzpatrick Kline Cooper Holden Neugebauer Boswell Flake Kucinich Costa Holt Noem b 1817 Boustany Fleischmann Labrador Costello Honda Nugent Brady (PA) Fleming Lamborn Courtney Hoyer Nunes So (two-thirds being in the affirma- Brady (TX) Flores Lance Cravaack Huelskamp Nunnelee tive) the rules were suspended and the Braley (IA) Forbes Landry Crawford Huizenga (MI) Olson bill, as amended, was passed. Brooks Fortenberry Langevin Crenshaw Hultgren Olver The result of the vote was announced Broun (GA) Foxx Lankford Critz Hunter Owens Brown (FL) Frank (MA) Larsen (WA) Crowley Hurt Palazzo as above recorded. Buchanan Franks (AZ) Larson (CT) Cuellar Inslee Pallone A motion to reconsider was laid on Bucshon Frelinghuysen Latham Culberson Israel Pascrell the table. Buerkle Fudge Latta Cummings Issa Pastor (AZ) Burgess Gallegly Lee (CA) Davis (CA) Jackson (IL) Paulsen Stated for: Burton (IN) Garamendi Levin Davis (IL) Jackson Lee Payne Mr. FILNER. Madam Speaker, on rollcall Butterfield Gardner Lewis (CA) Davis (KY) (TX) Pearce 928, I was away from the Capitol due to prior Calvert Garrett Lewis (GA) DeFazio Jenkins Pelosi commitments to my constituents. Had I been Camp Gerlach Lipinski DeGette Johnson (GA) Pence Campbell Gibbs LoBiondo DeLauro Johnson (IL) Perlmutter present, I would have voted ‘‘yea.’’ Canseco Gibson Loebsack Denham Johnson (OH) Peters PERSONAL EXPLANATION Cantor Gingrey (GA) Lofgren, Zoe Dent Johnson, Sam Peterson Capito Gohmert Long DesJarlais Jones Petri Mr. LYNCH. Madam Speaker, on rollcall Capps Gonzalez Lowey Deutch Jordan Pingree (ME) votes 927 and 928, had I been able to vote, Capuano Goodlatte Lucas Dicks Kaptur Pitts I would have voted ‘‘aye’’ on both votes. Cardoza Gosar Luetkemeyer Dingell Keating Platts Carnahan Gowdy Luja´ n Doggett Kelly Poe (TX) f Carney Granger Lummis Dold Kildee Polis FALLEN HEROES OF 9/11 ACT Carson (IN) Graves (GA) Lungren, Daniel Donnelly (IN) Kind Pompeo Carter Graves (MO) E. Doyle King (IA) Posey The SPEAKER pro tempore. The un- Cassidy Green, Al Mack Dreier King (NY) Price (GA) finished business is the question on Castor (FL) Green, Gene Maloney Duffy Kingston Price (NC) Chabot Griffin (AR) Manzullo Duncan (SC) Kinzinger (IL) Quayle suspending the rules and passing the Chaffetz Griffith (VA) Marchant Duncan (TN) Kissell Quigley bill (H.R. 3421) to award Congressional Chandler Grijalva Marino Edwards Kline Rahall Gold Medals in honor of the men and Chu Grimm Markey Ellison Labrador Rangel women who perished as a result of the Cicilline Guinta Matheson Ellmers Lamborn Reed Clarke (MI) Guthrie Matsui Emerson Lance Rehberg terrorist attacks on the United States Clarke (NY) Hahn McCarthy (CA) Engel Landry Reichert on September 11, 2001. Clay Hall McCarthy (NY) Eshoo Langevin Renacci The Clerk read the title of the bill. Cleaver Hanabusa McCaul Farenthold Lankford Reyes Clyburn Hanna McClintock Farr Larsen (WA) Ribble The SPEAKER pro tempore. The Coffman (CO) Harper McCollum Fattah Larson (CT) Richardson question is on the motion offered by Cohen Harris McCotter Fincher Latham Richmond the gentleman from Pennsylvania (Mr. Cole Hartzler McDermott Fitzpatrick Latta Rigell FITZPATRICK) that the House suspend Conaway Hastings (FL) McGovern Flake Lee (CA) Rivera Connolly (VA) Hastings (WA) McHenry Fleischmann Levin Roby the rules and pass the bill. Conyers Hayworth McIntyre Fleming Lewis (CA) Roe (TN) The question was taken. Cooper Heck McKeon Flores Lewis (GA) Rogers (AL) The SPEAKER pro tempore. In the Costa Heinrich McKinley Forbes Lipinski Rogers (KY) Costello Hensarling McMorris Fortenberry LoBiondo Rogers (MI) opinion of the Chair, two-thirds being Courtney Herger Rodgers Foxx Loebsack Rohrabacher in the affirmative, the ayes have it. Cravaack Herrera Beutler McNerney Frank (MA) Lofgren, Zoe Rokita RECORDED VOTE Crawford Higgins Meehan Franks (AZ) Long Rooney Crenshaw Himes Meeks Frelinghuysen Lowey Ros-Lehtinen Mr. SMITH of Texas. Madam Speak- Critz Hinchey Mica Fudge Lucas Roskam er, I demand a recorded vote. Crowley Hinojosa Michaud

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.023 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8940 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Miller (FL) Richmond Smith (WA) bill (H.R. 1264) to designate the prop- Honda Meehan Sa´ nchez, Linda Miller (MI) Rigell Southerland erty between the United States Court- Hoyer Meeks T. Miller (NC) Rivera Speier Huelskamp Mica Sarbanes Miller, Gary Roby Stark house and the Ed Jones Building lo- Huizenga (MI) Michaud Scalise Miller, George Roe (TN) Stearns cated at 109 South Highland Avenue in Hultgren Miller (FL) Schakowsky Moore Rogers (AL) Stivers Jackson, Tennessee, as the ‘‘M.D. An- Hunter Miller (MI) Schiff Moran Rogers (KY) Stutzman derson Plaza’’ and to authorize the Hurt Miller (NC) Schilling Mulvaney Rogers (MI) Sullivan Inslee Miller, Gary Schmidt Murphy (CT) Rohrabacher Sutton placement of a identification marker Israel Miller, George Schock Murphy (PA) Rokita Terry on the grounds recognizing the Issa Moore Schrader Nadler Rooney Thompson (CA) Jackson (IL) Moran Schwartz Napolitano Ros-Lehtinen achievements and philanthropy of M.D. Thompson (MS) Jackson Lee Mulvaney Schweikert Neal Roskam Anderson, as amended. Thompson (PA) (TX) Murphy (CT) Scott (SC) Neugebauer Ross (AR) Thornberry The Clerk read the title of the bill. Jenkins Murphy (PA) Scott (VA) Noem Ross (FL) Tiberi The SPEAKER pro tempore. The Johnson (GA) Nadler Scott, Austin Nugent Rothman (NJ) Johnson (IL) Scott, David Tierney Napolitano Nunes Roybal-Allard question is on the motion offered by Johnson (OH) Neal Sensenbrenner Tipton Nunnelee Royce the gentleman from Tennessee (Mr. Johnson, Sam Neugebauer Serrano Tonko Olson Runyan Jones Noem Sessions Towns FLEISCHMANN) that the House suspend Olver Ruppersberger Jordan Nugent Sewell Tsongas the rules and pass the bill, as amended. Owens Rush Kaptur Nunes Sherman Turner (NY) Palazzo Ryan (OH) The question was taken. Keating Nunnelee Shimkus Pallone Ryan (WI) Turner (OH) The SPEAKER pro tempore. In the Kelly Olson Shuler ´ Pascrell Sanchez, Linda Upton opinion of the Chair, two-thirds being Kildee Olver Shuster Pastor (AZ) T. Van Hollen Kind Owens Simpson ´ in the affirmative, the ayes have it. Paulsen Sarbanes Velazquez King (IA) Palazzo Sires Payne Scalise Visclosky Mr. WOMACK. Madam Speaker, on King (NY) Pallone Slaughter Pearce Schakowsky Walberg that I demand the yeas and nays. Kingston Pascrell Smith (NE) Pelosi Schiff Walden The yeas and nays were ordered. Kinzinger (IL) Pastor (AZ) Smith (NJ) Pence Schilling Walsh (IL) Kissell Paulsen Smith (TX) Perlmutter Schmidt Walz (MN) The SPEAKER pro tempore. This Kline Payne Smith (WA) Peters Schock Wasserman will be a 5-minute vote. Kucinich Pearce Southerland Peterson Schrader Schultz Labrador Pelosi Speier Petri Schwartz The vote was taken by electronic de- Waters Lamborn Pence Stark Pingree (ME) Schweikert Watt vice, and there were—yeas 418, nays 1, Lance Perlmutter Stearns Pitts Scott (SC) Waxman not voting 14, as follows: Landry Peters Stivers Platts Scott (VA) Webster Langevin Peterson Stutzman Poe (TX) Scott, Austin [Roll No. 930] Welch Lankford Petri Sullivan Polis Scott, David West YEAS—418 Larsen (WA) Pingree (ME) Sutton Pompeo Sensenbrenner Larson (CT) Pitts Terry Posey Serrano Westmoreland Ackerman Carson (IN) Fincher Latham Platts Thompson (CA) Price (NC) Sessions Whitfield Adams Carter Fitzpatrick Latta Poe (TX) Thompson (MS) Quayle Sewell Wilson (FL) Aderholt Cassidy Flake Lee (CA) Polis Thompson (PA) Quigley Sherman Wilson (SC) Akin Castor (FL) Fleischmann Levin Pompeo Thornberry Rahall Shimkus Wittman Alexander Chabot Fleming Lewis (CA) Posey Tiberi Rangel Shuler Wolf Altmire Chaffetz Flores Lewis (GA) Price (GA) Tierney Reed Shuster Womack Amodei Chandler Forbes Lipinski Price (NC) Tipton Rehberg Simpson Woodall Andrews Chu Fortenberry LoBiondo Quayle Tonko Reichert Sires Woolsey Austria Cicilline Foxx Loebsack Quigley Towns Renacci Slaughter Yarmuth Baca Clarke (MI) Frank (MA) Lofgren, Zoe Rahall Tsongas Reyes Smith (NE) Yoder Bachus Clarke (NY) Franks (AZ) Long Rangel Turner (NY) Ribble Smith (NJ) Young (AK) Baldwin Clay Frelinghuysen Lowey Reed Turner (OH) Richardson Smith (TX) Young (IN) Barletta Cleaver Fudge Barrow Clyburn Gallegly Lucas Rehberg Upton NOT VOTING—17 Bartlett Coffman (CO) Garamendi Luetkemeyer Reichert Van Hollen Luja´ n Renacci Vela´ zquez Bachmann Giffords Myrick Barton (TX) Cohen Gardner Bass (CA) Cole Garrett Lummis Reyes Visclosky Bilbray Gutierrez Paul Bass (NH) Conaway Gerlach Lungren, Daniel Ribble Walberg Blumenauer Issa Price (GA) E. Richardson Walden Coble Johnson, E. B. Becerra Connolly (VA) Gibbs Sanchez, Loretta Benishek Conyers Gibson Mack Richmond Walsh (IL) Diaz-Balart LaTourette Young (FL) Maloney Rigell Walz (MN) Filner Lynch Berg Cooper Gingrey (GA) Berkley Costa Gohmert Manzullo Rivera Wasserman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Berman Costello Gonzalez Marchant Roby Schultz Biggert Courtney Goodlatte Marino Roe (TN) Waters The SPEAKER pro tempore (during Bilbray Cravaack Gosar Markey Rogers (AL) Watt the vote). There are 2 minutes remain- Bilirakis Crawford Gowdy Matheson Rogers (KY) Waxman ing. Bishop (GA) Crenshaw Granger Matsui Rogers (MI) Webster Bishop (NY) Critz Graves (GA) McCarthy (CA) Rohrabacher Welch b 1824 Bishop (UT) Crowley Graves (MO) McCarthy (NY) Rokita West Black Cuellar Green, Al McCaul Rooney Westmoreland So (two-thirds being in the affirma- Blackburn Culberson Green, Gene McClintock Ros-Lehtinen Whitfield tive) the rules were suspended and the Blumenauer Cummings Griffin (AR) McCollum Roskam Wilson (FL) bill was passed. Bonner Davis (CA) Griffith (VA) McCotter Ross (AR) Wilson (SC) The result of the vote was announced Bono Mack Davis (IL) Grijalva McDermott Ross (FL) Wittman Boren Davis (KY) Grimm McGovern Rothman (NJ) Wolf as above recorded. Boswell DeFazio Guinta McHenry Roybal-Allard Womack A motion to reconsider was laid on Boustany DeGette Guthrie McIntyre Royce Woodall the table. Brady (PA) DeLauro Hahn McKeon Runyan Woolsey Brady (TX) Denham Hall McKinley Ruppersberger Yarmuth Stated for: Braley (IA) Dent Hanabusa McMorris Rush Yoder Mr. ISSA. Madam Speaker, on rollcall No. Brooks DesJarlais Hanna Rodgers Ryan (OH) Young (AK) 929 due to Whip activities, I missed this vote Broun (GA) Deutch Harper McNerney Ryan (WI) Young (IN) but would have voted ‘‘aye.’’ Brown (FL) Dicks Harris Buchanan Dingell Hartzler NAYS—1 Mr. PRICE of Georgia. Madam Speaker, on Bucshon Doggett Hastings (FL) Amash rollcall No. 929, I was unavoidably detained. Buerkle Dold Hastings (WA) Burgess Donnelly (IN) Hayworth Had I been present, I would have voted ‘‘aye.’’ NOT VOTING—14 Mr. FILNER. Madam Speaker, on rollcall Burton (IN) Doyle Heck Butterfield Dreier Heinrich Bachmann Giffords Myrick No. 929, I was away from the Capitol due to Calvert Duncan (SC) Hensarling Coble Gutierrez Paul prior commitments to my constituents. Had I Camp Duncan (TN) Herger Diaz-Balart Johnson, E. B. Sanchez, Loretta been present, I would have voted ‘‘aye.’’ Campbell Edwards Herrera Beutler Duffy LaTourette Young (FL) Canseco Ellison Higgins Filner Lynch f Cantor Ellmers Himes Capito Emerson Hinchey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE M.D. ANDERSON PLAZA Capps Engel Hinojosa The SPEAKER pro tempore. The un- Capuano Eshoo Hirono The SPEAKER pro tempore (during Cardoza Farenthold Hochul finished business is the question on Carnahan Farr Holden the vote). There are 2 minutes remain- suspending the rules and passing the Carney Fattah Holt ing.

VerDate Mar 15 2010 03:37 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.031 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8941 b 1831 [Roll No. 931] Hayworth McKeon Royce Heck McKinley Runyan So (two-thirds being in the affirma- AYES—183 Hensarling McMorris Ryan (WI) tive) the rules were suspended and the Ackerman Fudge Olver Herger Rodgers Scalise bill, as amended, was passed. Altmire Garamendi Owens Herrera Beutler Meehan Schilling The result of the vote was announced Andrews Gonzalez Pallone Huelskamp Mica Schmidt Baca Green, Al Pascrell Huizenga (MI) Miller (FL) Schock as above recorded. Baldwin Green, Gene Pastor (AZ) Hultgren Miller (MI) Schweikert A motion to reconsider was laid on Barrow Grijalva Payne Hunter Miller, Gary Scott (SC) the table. Becerra Hahn Pelosi Hurt Mulvaney Scott, Austin Stated for: Berkley Hanabusa Perlmutter Issa Murphy (PA) Sensenbrenner Jenkins Neugebauer Mr. FILNER. Madam Speaker, on rollcall Berman Hastings (FL) Peters Sessions Bishop (GA) Heinrich Pingree (ME) Johnson (IL) Noem Shimkus 930, I was away from the Capitol due to prior Bishop (NY) Higgins Polis Johnson (OH) Nugent Shuster commitments to my constituents. Had I been Blumenauer Himes Price (NC) Johnson, Sam Nunes Simpson Jones Nunnelee Boren Hinchey Quigley Smith (NE) present, I would have voted ‘‘yea.’’ Jordan Olson Boswell Hinojosa Rahall Smith (NJ) Mr. DUFFY. Madam Speaker, on rollcall No. Kelly Palazzo Brady (PA) Hirono Rangel Smith (TX) 930, I was unavoidably detained. Had I been King (IA) Paulsen Braley (IA) Hochul Reyes Southerland King (NY) Pearce present, I would have voted ‘‘yea.’’ Brown (FL) Holden Richardson Stearns Kingston Pence f Butterfield Holt Richmond Stivers Capps Honda Ross (AR) Kinzinger (IL) Peterson Kline Petri Stutzman CONFERENCE REPORT ON H.R. 1540, Capuano Hoyer Rothman (NJ) Sullivan Cardoza Inslee Roybal-Allard Labrador Platts NATIONAL DEFENSE AUTHORIZA- Lamborn Poe (TX) Terry Carnahan Israel Ruppersberger Thompson (PA) TION ACT FOR FISCAL YEAR 2012 Carney Jackson (IL) Rush Lance Pompeo Thornberry Carson (IN) Jackson Lee Ryan (OH) Landry Posey The SPEAKER pro tempore. Pursu- Tiberi Castor (FL) (TX) Sa´ nchez, Linda Lankford Price (GA) Tipton ant to clause 1(c) of rule XIX, further Chandler Johnson (GA) T. Latham Quayle Turner (NY) consideration of the conference report Chu Kaptur Sarbanes Latta Reed Turner (OH) Cicilline Keating Schakowsky Lewis (CA) Rehberg to accompany the bill (H.R. 1540) to au- Upton Clarke (MI) Kildee Schiff LoBiondo Reichert thorize appropriations for fiscal year Walberg Clarke (NY) Kind Schrader Long Renacci Walden 2012 for military activities of the De- Clay Kissell Schwartz Lucas Ribble Walsh (IL) partment of Defense, for military con- Cleaver Kucinich Scott (VA) Luetkemeyer Rigell Webster struction, and for defense activities of Clyburn Langevin Scott, David Lummis Rivera Lungren, Daniel Roby West the Department of Energy, to prescribe Cohen Larsen (WA) Serrano Connolly (VA) Larson (CT) Sewell E. Roe (TN) Westmoreland military personnel strengths for such Conyers Lee (CA) Sherman Mack Rogers (AL) Whitfield fiscal year, and for other purposes, will Cooper Levin Shuler Manzullo Rogers (KY) Wilson (SC) Wittman now resume. Costa Lewis (GA) Sires Marchant Rogers (MI) Costello Lipinski Slaughter Marino Rohrabacher Wolf MOTION TO RECOMMIT Courtney Loebsack Smith (WA) McCarthy (CA) Rokita Womack Mr. BISHOP of Georgia. Madam Critz Lofgren, Zoe Speier McCaul Rooney Woodall Speaker, I have a motion to recommit Crowley Lowey Stark McClintock Ros-Lehtinen Yoder Cuellar Luja´ n Sutton McCotter Roskam Young (AK) at the desk. Cummings Maloney Thompson (CA) McHenry Ross (FL) Young (IN) The SPEAKER pro tempore. Is the Davis (CA) Markey Thompson (MS) NOT VOTING—16 gentleman opposed to the bill? Davis (IL) Matheson Tierney Mr. BISHOP of Georgia. I am in its DeFazio Matsui Tonko Bachmann Gutierrez Paul current form. DeGette McCarthy (NY) Towns Bass (CA) Johnson, E. B. Pitts DeLauro McCollum Tsongas Coble LaTourette Sanchez, Loretta The SPEAKER pro tempore. The Deutch McGovern Van Hollen Diaz-Balart Lynch Young (FL) Clerk will report the motion to recom- Dicks McIntyre Vela´ zquez Filner McDermott mit. Dingell McNerney Visclosky Giffords Myrick The Clerk read as follows: Doggett Meeks Walz (MN) Donnelly (IN) Michaud Wasserman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Bishop of Georgia moves to recommit Doyle Miller (NC) Schultz The SPEAKER pro tempore (during the conference report on the bill H.R. 1540 to Edwards Miller, George Waters the vote). There are 2 minutes remain- the committee of conference with instruc- Ellison Moore Watt ing. tions to the managers on the part of the Engel Moran Waxman House to disagree to section 715 (regarding Eshoo Murphy (CT) Welch the determination of whether TRICARE net- Farr Nadler Wilson (FL) b 1850 Fattah Napolitano Woolsey work providers are considered subcontrac- Frank (MA) Neal Yarmuth So the motion to recommit was re- tors for purposes of the Federal Acquisition jected. Regulation or any other law) in the con- NOES—234 The result of the vote was announced ference substitute recommended by the com- Adams Camp Fleming mittee of conference. as above recorded. Aderholt Campbell Flores Stated for: The SPEAKER pro tempore. The mo- Akin Canseco Forbes tion is not debatable. Alexander Cantor Fortenberry Mr. MCDERMOTT. Madam Speaker, on roll- Without objection, the previous ques- Amash Capito Foxx call No. 931 I was detained. Had I been Amodei Carter Franks (AZ) present, I would have voted ‘‘aye.’’ tion is ordered on the motion to recom- Austria Cassidy Frelinghuysen mit. Bachus Chabot Gallegly The SPEAKER pro tempore. The There was no objection. Barletta Chaffetz Gardner question is on the conference report. Bartlett Coffman (CO) Garrett The question was taken; and the The SPEAKER pro tempore. The Barton (TX) Cole Gerlach question is on the motion to recommit. Bass (NH) Conaway Gibbs Speaker pro tempore announced that The question was taken; and the Benishek Cravaack Gibson the ayes appeared to have it. Speaker pro tempore announced that Berg Crawford Gingrey (GA) RECORDED VOTE Biggert Crenshaw Gohmert the noes appeared to have it. Bilbray Culberson Goodlatte Mr. NADLER. Madam Speaker, I de- RECORDED VOTE Bilirakis Davis (KY) Gosar mand a recorded vote. Mr. BISHOP of Georgia. Madam Bishop (UT) Denham Gowdy A recorded vote was ordered. Speaker, I demand a recorded vote. Black Dent Granger Blackburn DesJarlais Graves (GA) The SPEAKER pro tempore. This A recorded vote was ordered. Bonner Dold Graves (MO) will be a 5-minute vote. The SPEAKER pro tempore. Pursu- Bono Mack Dreier Griffin (AR) The vote was taken by electronic de- ant to clause 9 of rule XX, the Chair Boustany Duffy Griffith (VA) vice, and there were—ayes 283, noes 136, will reduce to 5 minutes the minimum Brady (TX) Duncan (SC) Grimm Brooks Duncan (TN) Guinta not voting 14, as follows: time for any electronic vote on the Broun (GA) Ellmers Guthrie [Roll No. 932] question of adoption of the conference Buchanan Emerson Hall AYES—283 report. Bucshon Farenthold Hanna The vote was taken by electronic de- Buerkle Fincher Harper Ackerman Alexander Austria Burgess Fitzpatrick Harris Adams Altmire Baca vice, and there were—ayes 183, noes 234, Burton (IN) Flake Hartzler Aderholt Amodei Bachus not voting 16, as follows: Calvert Fleischmann Hastings (WA) Akin Andrews Barletta

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.077 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8942 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Barrow Graves (MO) Owens Clarke (NY) Huelskamp Posey qualifying service during a day or portion of Bartlett Green, Al Palazzo Clay Huizenga (MI) Price (NC) a day shall be the amount equal to 1/30th of Barton (TX) Green, Gene Pascrell Cleaver Hurt Quigley the maximum monthly amount of special Clyburn Jackson (IL) Bass (NH) Griffin (AR) Pastor (AZ) Rangel pay payable to a member as specified in Benishek Grimm Paulsen Coffman (CO) Johnson (GA) Ribble Berg Guinta Pearce Cohen Johnson (IL) paragraph (3). Richmond ‘‘(2) In the case of a member who is exposed Berkley Guthrie Pelosi Conyers Jones Roe (TN) to hostile fire or a hostile mine explosion Berman Hall Perlmutter Costello Kaptur Rohrabacher Cummings Kucinich Biggert Hanabusa Peterson Rokita event in or for a day or portion of a day, the Bilbray Hanna Petri Davis (IL) Labrador Roybal-Allard Secretary concerned may, at the election of Bilirakis Harper Platts DeFazio Lee (CA) Royce the Secretary, pay the member special pay Bishop (GA) Hartzler Poe (TX) DeGette Lewis (GA) Rush under subsection (a) for such service in an Bishop (NY) Hastings (WA) Pompeo DeLauro Lofgren, Zoe Bishop (UT) Hayworth Price (GA) DesJarlais Luja´ n Ryan (OH) amount not to exceed the maximum monthly Black Heck Quayle Doyle Lummis Sarbanes amount of special pay payable to a member Blackburn Hensarling Rahall Duncan (SC) Mack Schakowsky as specified in paragraph (3). Bonner Herger Reed Duncan (TN) Maloney Schweikert ‘‘(3) The maximum monthly amount of spe- Bono Mack Herrera Beutler Rehberg Edwards Markey Scott (VA) cial pay payable to a member under this sub- Boren Higgins Reichert Ellison Matsui Serrano section for any month is $225.’’; Boswell Himes Renacci Eshoo McClintock Simpson Boustany Hirono Reyes Farr McCollum Slaughter The concurrent resolution was agreed Brady (PA) Hochul Richardson Fattah McDermott Speier to. Brady (TX) Holden Rigell Flake McGovern Stark A motion to reconsider was laid on Brooks Hoyer Rivera Forbes Meeks Stutzman the table. Broun (GA) Hultgren Roby Frank (MA) Michaud Thompson (CA) Brown (FL) Hunter Rogers (AL) Fudge Miller (NC) Thompson (MS) f Garrett Buchanan Inslee Rogers (KY) Miller, George Tierney Buerkle Goodlatte Moore PROVIDING FOR A CORRECTION TO Israel Rogers (MI) Tipton Butterfield Issa Rooney Gosar Moran THE ENROLLMENT OF THE BILL Tonko Calvert Jackson Lee Ros-Lehtinen Gowdy Mulvaney Towns H.R. 2845 Camp (TX) Roskam Graves (GA) Murphy (CT) Van Hollen Canseco Jenkins Ross (AR) Griffith (VA) Nadler Mr. SHUSTER. Madam Speaker, I ´ Cantor Johnson (OH) Ross (FL) Grijalva Napolitano Velazquez send to the desk a concurrent resolu- Walberg Capito Johnson, Sam Rothman (NJ) Hahn Neal tion and ask unanimous consent for its Capps Jordan Runyan Harris Olver Walsh (IL) Cardoza Keating Ruppersberger Hastings (FL) Pallone Waters immediate consideration in the House. Carnahan Kelly Ryan (WI) Heinrich Payne Watt The Clerk read the title of the con- Carney Kildee Sa´ nchez, Linda Hinchey Pence Welch current resolution. Carter Kind T. Hinojosa Peters Woodall The SPEAKER pro tempore. Is there Cassidy King (IA) Scalise Holt Pingree (ME) Woolsey Castor (FL) King (NY) Schiff Honda Polis Yarmuth objection to the request of the gen- Chabot Kingston Schilling tleman from Pennsylvania? Chandler Kinzinger (IL) Schmidt NOT VOTING—14 There was no objection. Cicilline Kissell Schock Bachmann Gutierrez Paul The text of the concurrent resolution Cole Kline Schrader Coble Johnson, E. B. Pitts is as follows: Conaway Lamborn Schwartz Diaz-Balart LaTourette Sanchez, Loretta Connolly (VA) Lance Scott (SC) Filner Lynch Young (FL) H. CON. RES. 93 Cooper Landry Scott, Austin Giffords Myrick Resolved by the House of Representatives (the Costa Langevin Scott, David ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Senate concurring), That, in the enrollment of Courtney Lankford Sensenbrenner the bill H.R. 2845, the Clerk of the House of Cravaack Larsen (WA) Sessions The SPEAKER pro tempore (during Representatives shall make the following Crawford Larson (CT) Sewell the vote). There are 2 minutes remain- Crenshaw Latham Sherman correction: Strike all after the enacting Critz Latta Shimkus ing. clause and insert the following: Crowley Levin Shuler b 1858 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE Cuellar Lewis (CA) Shuster 49, UNITED STATES CODE; DEFINI- Culberson Lipinski Sires So the conference report was agreed TIONS; TABLE OF CONTENTS. Davis (CA) LoBiondo Smith (NE) to. (a) SHORT TITLE.—This Act may be cited as Davis (KY) Loebsack Smith (NJ) the ‘‘Pipeline Safety, Regulatory Certainty, Denham Long Smith (TX) The result of the vote was announced Dent Lowey Smith (WA) as above recorded. and Job Creation Act of 2011’’. (b) AMENDMENT OF TITLE 49, UNITED STATES Deutch Lucas Southerland A motion to reconsider was laid on Dicks Luetkemeyer Stearns CODE.—Except as otherwise expressly pro- Dingell Lungren, Daniel Stivers the table. vided, whenever in this Act an amendment Doggett E. Sullivan f or repeal is expressed in terms of an amend- Dold Manzullo Sutton ment to, or a repeal of, a section or other Donnelly (IN) Marchant Terry DIRECTING THE CLERK OF THE provision, the reference shall be considered Dreier Marino Thompson (PA) HOUSE OF REPRESENTATIVES to be made to a section or other provision of Duffy Matheson Thornberry TO CORRECT THE ENROLLMENT Ellmers McCarthy (CA) Tiberi title 49, United States Code. Emerson McCarthy (NY) Tsongas OF THE BILL H.R. 1540 (c) DEFINITIONS.— (1) APPLICABILITY OF CHAPTER 601 DEFINI- Engel McCaul Turner (NY) Mr. MCKEON. Madam Speaker, I send Farenthold McCotter Turner (OH) TIONS.—In this Act, any term defined in Fincher McHenry Upton to the desk a concurrent resolution and chapter 601 of title 49, United States Code, Fitzpatrick McIntyre Visclosky ask unanimous consent for its imme- has the meaning given that term in that Fleischmann McKeon Walden diate consideration in the House. chapter. Fleming McKinley Walz (MN) IGH CONSEQUENCE AREA Flores McMorris Wasserman The Clerk read the title of the con- (2) H - .—In this Act, Fortenberry Rodgers Schultz current resolution. the term ‘‘high-consequence area’’ means an Foxx McNerney Waxman The SPEAKER pro tempore. Is there area described in section 60109(a) of title 49, Franks (AZ) Meehan Webster objection to the request of the gen- United States Code. Frelinghuysen Mica West (d) TABLE OF CONTENTS.—The table of con- Gallegly Miller (FL) Westmoreland tleman from California? tents for this Act is as follows: Garamendi Miller (MI) Whitfield There was no objection. Sec. 1. Short title; amendment of title 49, Gardner Miller, Gary Wilson (FL) The text of the concurrent resolution United States Code; definitions; Gerlach Murphy (PA) Wilson (SC) is as follows: Gibbs Neugebauer Wittman table of contents. Gibson Noem Wolf H. CON. RES. 92 Sec. 2. Civil penalties. Sec. 3. Pipeline damage prevention. Gingrey (GA) Nugent Womack Resolved by the House of Representatives (the Sec. 4. Automatic and remote-controlled Gohmert Nunes Yoder Senate concurring), That, in the enrollment of Gonzalez Nunnelee Young (AK) shut-off valves. Granger Olson Young (IN) the bill H.R. 1540, the Clerk of the House of Sec. 5. Integrity management. Representatives shall strike subsection (b) of Sec. 6. Public education and awareness. NOES—136 section 310 of title 37, United States Code, as Sec. 7. Cast iron gas pipelines. inserted by section 616(a)(2) of the bill, and Amash Braley (IA) Capuano Sec. 8. Leak detection. Baldwin Bucshon Carson (IN) insert the following: Sec. 9. Accident and incident notification. Bass (CA) Burgess Chaffetz ‘‘(b) SPECIAL PAY AMOUNT.—(1) Except as Sec. 10. Transportation-related onshore fa- Becerra Burton (IN) Chu provided in paragraph (2), the amount of spe- cility response plan compli- Blumenauer Campbell Clarke (MI) cial pay authorized by subsection (a) for ance.

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Sec. 11. Pipeline infrastructure data collec- (d) JUDICIAL REVIEW OF ADMINISTRATIVE section, and after considering the factors tion. ENFORCEMENT ORDERS.—Section 60119(a) is specified in subsection (b)(2), the Secretary, Sec. 12. Transportation-related oil flow amended— if appropriate, shall require by regulation lines. (1) in the subsection heading by striking the use of automatic or remote-controlled Sec. 13. Cost recovery for design reviews. ‘‘AND WAIVER ORDERS’’ and inserting ‘‘, OR- shut-off valves, or equivalent technology, Sec. 14. Biofuel pipelines. DERS, AND OTHER FINAL AGENCY ACTIONS’’; where economically, technically, and oper- Sec. 15. Carbon dioxide pipelines. and ationally feasible on transmission pipeline Sec. 16. Study of transportation of diluted (2) by striking ‘‘about an application for a facilities constructed or entirely replaced bitumen. waiver under section 60118(c) or (d) of this after the date on which the Secretary issues Sec. 17. Study of nonpetroleum hazardous title’’ and inserting ‘‘under this chapter’’. the final rule containing such requirement. liquids transported by pipeline. SEC. 3. PIPELINE DAMAGE PREVENTION. ‘‘(2) HIGH-CONSEQUENCE AREA STUDY.— Sec. 18. Clarifications. (a) MINIMUM STANDARDS FOR STATE ONE- ‘‘(A) STUDY.—The Comptroller General of Sec. 19. Maintenance of effort. CALL NOTIFICATION PROGRAMS.—Section the United States shall conduct a study on Sec. 20. Administrative enforcement proc- 6103(a) is amended to read as follows: the ability of transmission pipeline facility ess. ‘‘(a) MINIMUM STANDARDS.— operators to respond to a hazardous liquid or Sec. 21. Gas and hazardous liquid gathering ‘‘(1) IN GENERAL.—In order to qualify for a gas release from a pipeline segment located lines. grant under section 6106, a State one-call no- in a high-consequence area. Sec. 22. Excess flow valves. tification program, at a minimum, shall pro- ‘‘(B) CONSIDERATIONS.—In conducting the Sec. 23. Maximum allowable operating pres- vide for— study, the Comptroller General shall con- sure. ‘‘(A) appropriate participation by all un- sider the swiftness of leak detection and Sec. 24. Limitation on incorporation of doc- derground facility operators, including all pipeline shutdown capabilities, the location uments by reference. government operators; of the nearest response personnel, and the Sec. 25. Pipeline safety training for State ‘‘(B) appropriate participation by all exca- costs, risks, and benefits of installing auto- and local government per- vators, including all government and con- matic and remote-controlled shut-off valves. sonnel. tract excavators; and Sec. 26. Report on minority-owned, woman- ‘‘(C) REPORT.—Not later than 1 year after ‘‘(C) flexible and effective enforcement owned, and disadvantaged busi- the date of enactment of this subsection, the under State law with respect to participa- nesses. Comptroller General shall submit to the tion in, and use of, one-call notification sys- Sec. 27. Report on pipeline projects. Committee on Transportation and Infra- tems. Sec. 28. Cover over buried pipelines. structure and the Committee on Energy and ‘‘(2) EXEMPTIONS PROHIBITED.—In order to Sec. 29. Seismicity. Commerce of the House of Representatives Sec. 30. Tribal consultation for pipeline qualify for a grant under section 6106, a and the Committee on Commerce, Science, projects. State one-call notification program may not and Transportation of the Senate a report on Sec. 31. Pipeline inspection and enforcement exempt municipalities, State agencies, or the results of the study.’’. needs. their contractors from the one-call notifica- SEC. 5. INTEGRITY MANAGEMENT. tion system requirements of the program.’’. Sec. 32. Authorization of appropriations. (a) EVALUATION.—Not later than 18 months (b) STATE DAMAGE PREVENTION PRO- SEC. 2. CIVIL PENALTIES. after the date of enactment of this Act, the GRAMS.—Section 60134(a) is amended— Secretary of Transportation shall evaluate— (a) GENERAL PENALTIES; PENALTY CONSID- (1) in paragraph (1) by striking ‘‘and’’ after (1) whether integrity management system ERATIONS.—Section 60122 is amended— the semicolon; requirements, or elements thereof, should be (1) in subsection (a)(1)— (2) in paragraph (2)(B) by striking ‘‘(b).’’ expanded beyond high-consequence areas; (A) in the first sentence by striking and inserting ‘‘(b); and’’; and and ‘‘$100,000’’ and inserting ‘‘$200,000’’; and (3) by adding at the end the following: (2) with respect to gas transmission pipe- (B) in the last sentence by striking ‘‘(3) does not provide any exemptions to line facilities, whether applying integrity ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and municipalities, State agencies, or their con- management program requirements, or ele- (2) in subsection (b)(1)(B) by striking ‘‘the tractors from the one-call notification sys- ments thereof, to additional areas would ability to pay,’’. tem requirements of the program.’’. mitigate the need for class location require- (b) OPERATOR ASSISTANCE IN INVESTIGA- (c) EFFECTIVE DATE.—The amendments TIONS.—Section 60118(e) is amended to read made by this section shall take effect 2 years ments. as follows: after the date of enactment of this Act. (b) FACTORS.—In conducting the evaluation ‘‘(e) OPERATOR ASSISTANCE IN INVESTIGA- (d) EXCAVATION DAMAGE.— under subsection (a), the Secretary shall TIONS.— (1) STUDY.—The Secretary of Transpor- consider, at a minimum, the following: ‘‘(1) ASSISTANCE AND ACCESS.—If the Sec- tation shall conduct a study on the impact of (1) The continuing priority to enhance pro- retary or the National Transportation Safe- excavation damage on pipeline safety. tections for public safety. ty Board investigates an accident or incident (2) CONTENTS.—The study shall include— (2) The continuing importance of reducing involving a pipeline facility, the operator of (A) an analysis of the frequency and sever- risk in high-consequence areas. the facility shall— ity of different types of excavation damage (3) The incremental costs of applying in- ‘‘(A) make available to the Secretary or incidents; tegrity management standards to pipelines the Board all records and information that (B) an analysis of exemptions to the one- outside of high-consequence areas where op- in any way pertain to the accident or inci- call notification system requirements in erators are already conducting assessments dent, including integrity management plans each State; beyond what is required under chapter 601 of and test results; and (C) a comparison of exemptions to the one- title 49, United States Code. ‘‘(B) afford all reasonable assistance in the call notification system requirements in (4) The need to undertake integrity man- investigation of the accident or incident. each State to the types of excavation dam- agement assessments and repairs in a man- ‘‘(2) OPERATOR ASSISTANCE IN INVESTIGA- age incidents in that State; and ner that is achievable and sustainable, and TIONS.— (D) an analysis of the potential safety ben- that does not disrupt pipeline service. ‘‘(A) IN GENERAL.—The Secretary may im- efits and adverse consequences of elimi- (5) The options for phasing in the extension pose a civil penalty under section 60122 on a nating all exemptions for mechanized exca- of integrity management requirements be- person who obstructs or prevents the Sec- vation from State one-call notification sys- yond high-consequence areas, including the retary from carrying out inspections or in- tems. most effective and efficient options for de- vestigations under this chapter. (3) REPORT.—Not later than 2 years after creasing risks to an increasing number of ‘‘(B) OBSTRUCTS DEFINED.— the date of enactment of this Act, the Sec- people living or working in proximity to ‘‘(i) IN GENERAL.—In this paragraph, the retary shall submit to the Committee on pipeline facilities. term ‘obstructs’ includes actions that were Transportation and Infrastructure and the (6) The appropriateness of applying repair known, or reasonably should have been Committee on Energy and Commerce of the criteria, such as pressure reductions and spe- known, to prevent, hinder, or impede an in- House of Representatives and the Committee cial requirements for scheduling remedi- vestigation without good cause. on Commerce, Science, and Transportation ation, to areas that are not high-con- ‘‘(ii) GOOD CAUSE.—In clause (i), the term of the Senate a report on the results of the sequence areas. ‘good cause’ may include actions such as re- study. (c) REPORT.—Not later than 2 years after stricting access to facilities that are not se- SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED the date of enactment of this Act, the Sec- cure or safe for nonpipeline personnel or visi- SHUT-OFF VALVES. retary shall submit to the Committee on tors.’’. Section 60102 is amended— Transportation and Infrastructure and the (c) ADMINISTRATIVE PENALTY CAPS INAPPLI- (1) by striking subsection (j)(3); and Committee on Energy and Commerce of the CABLE.—Section 60120(a)(1) is amended by (2) by adding at the end the following: House of Representatives and the Committee adding at the end the following: ‘‘The max- ‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED on Commerce, Science, and Transportation imum amount of civil penalties for adminis- SHUT-OFF VALVES FOR NEW TRANSMISSION of the Senate a report, based on the evalua- trative enforcement actions under section PIPELINES.— tion conducted under subsection (a), con- 60122 shall not apply to enforcement actions ‘‘(1) IN GENERAL.—Not later than 2 years taining the Secretary’s analysis and findings under this section.’’. after the date of enactment of this sub- regarding—

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.042 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8944 CONGRESSIONAL RECORD — HOUSE December 14, 2011 (1) expansion of integrity management re- ment of this Act, the Comptroller General of of title 49, Code of Federal Regulations), in- quirements, or elements thereof, beyond the United States shall evaluate— cluding the process by which an owner or op- high-consequence areas; and (1) whether risk-based reassessment inter- erator determines the worst case discharge. (2) with respect to gas transmission pipe- vals are a more effective alternative for ‘‘(b) RELATIONSHIP TO FOIA.—Nothing in line facilities, whether applying the integ- managing risks to pipelines in high-con- this section may be construed to require dis- rity management program requirements, or sequence areas once baseline assessments are closure of information or records that are ex- elements thereof, to additional areas would complete when compared to the reassess- empt from disclosure under section 552 of mitigate the need for class location require- ment interval specified in section title 5.’’. ments. 60109(c)(3)(B) of title 49, United States Code; (2) CLERICAL AMENDMENT.—The analysis for (d) DATA REPORTING.—The Secretary shall (2) the number of anomalies found in base- chapter 601 is amended by inserting after the collect any relevant data necessary to com- line assessments required under section item relating to section 60137 the following: plete the evaluation required by subsection 60109(c)(3)(A) of title 49, United States Code, ‘‘60138. Response plans.’’. (a). as compared to the number of anomalies SEC. 7. CAST IRON GAS PIPELINES. (e) TECHNICAL CORRECTION.—Section found in reassessments required under sec- (a) FOLLOW-UP SURVEYS.—Section 60108(d) 60109(c)(3)(B) is amended to read as follows: tion 60109(c)(3)(B) of such title; and is amended by adding at the end the fol- ‘‘(B) Subject to paragraph (5), periodic re- (3) the progress made in implementing the lowing: assessments of the facility, at a minimum of recommendations in GAO Report 06–945 and ‘‘(4) Not later than December 31, 2012, and once every 7 calendar years, using methods the current relevance of those recommenda- every 2 years thereafter, the Secretary shall described in subparagraph (A). The Secretary tions that have not been implemented. conduct a follow-up survey to measure the progress that owners and operators of pipe- may extend such deadline for an additional 6 SEC. 6. PUBLIC EDUCATION AND AWARENESS. line facilities have made in adopting and im- months if the operator submits written no- (a) NATIONAL PIPELINE MAPPING SYSTEM.— plementing their plans for the safe manage- tice to the Secretary with sufficient jus- Section 60132 is amended by adding at the ment and replacement of cast iron gas pipe- tification of the need for the extension.’’. end the following: lines.’’. ‘‘(d) MAP OF HIGH-CONSEQUENCE AREAS.— (f) RULEMAKING REQUIREMENTS.— (b) STATUS REPORT.—Not later than De- (1) REVIEW PERIOD DEFINED.—In this sub- The Secretary shall— cember 31, 2013, the Secretary of Transpor- section, the term ‘‘review period’’ means the ‘‘(1) maintain, as part of the National Pipe- tation shall transmit to the Committee on period beginning on the date of enactment of line Mapping System, a map of designated Transportation and Infrastructure and the this Act and ending on the earlier of— high-consequence areas (as described in sec- Committee on Energy and Commerce of the (A) the date that is 1 year after the date of tion 60109(a)) in which pipelines are required House of Representatives and the Committee completion of the report under subsection to meet integrity management program reg- on Commerce, Science, and Transportation (c); or ulations, excluding any proprietary or sen- of the Senate a report that— (B) the date that is 3 years after the date sitive security information; and (1) identifies the total mileage of cast iron of enactment of this Act. ‘‘(2) update the map biennially. gas pipelines in the United States; and (2) CONGRESSIONAL AUTHORITY.—In order to ‘‘(e) PROGRAM TO PROMOTE AWARENESS OF (2) evaluates the progress that owners and provide Congress the necessary time to re- NATIONAL PIPELINE MAPPING SYSTEM.—Not operators of pipeline facilities have made in view the results of the report required by later than 1 year after the date of enactment implementing their plans for the safe man- subsection (c) and implement appropriate of this subsection, the Secretary shall de- agement and replacement of cast iron gas recommendations, the Secretary shall not, velop and implement a program promoting pipelines. during the review period, issue final regula- greater awareness of the existence of the Na- SEC. 8. LEAK DETECTION. tions described in paragraph (3)(B). tional Pipeline Mapping System to State and (a) LEAK DETECTION REPORT.— (3) STANDARDS.— local emergency responders and other inter- (1) IN GENERAL.—Not later than 1 year after (A) FINDINGS.—As soon as practicable fol- ested parties. The program shall include the date of enactment of this Act, the Sec- lowing the review period, the Secretary shall guidance on how to use the National Pipeline retary of Transportation shall submit to the issue final regulations described in subpara- Mapping System to locate pipelines in com- Committee on Commerce, Science, and graph (B), if the Secretary finds, in the re- munities and local jurisdictions.’’. Transportation of the Senate and the Com- port required under subsection (c), that— (b) INFORMATION TO EMERGENCY RESPONSE mittee on Transportation and Infrastructure (i) integrity management system require- AGENCIES.— and the Committee on Energy and Commerce ments, or elements thereof, should be ex- (1) GUIDANCE.—Not later than 18 months of the House of Representatives a report on panded beyond high-consequence areas; and after the date of enactment of this Act, the leak detection systems utilized by operators (ii) with respect to gas transmission pipe- Secretary shall issue guidance to owners and of hazardous liquid pipeline facilities and line facilities, applying integrity manage- operators of pipeline facilities on the impor- transportation-related flow lines. tance of providing system-specific informa- ment program requirements, or elements (2) CONTENTS.—The report shall include— thereof, to additional areas would mitigate tion about their pipeline facilities to emer- (A) an analysis of the technical limitations the need for class location requirements. gency response agencies of the communities of current leak detection systems, including (B) REGULATIONS.—Regulations issued by and jurisdictions in which those facilities the ability of the systems to detect ruptures the Secretary under subparagraph (A), if are located. and small leaks that are ongoing or inter- any, shall— (2) CONSULTATION.—Before issuing guidance mittent, and what can be done to foster de- (i) expand integrity management system under paragraph (1), the Secretary shall con- velopment of better technologies; and requirements, or elements thereof, beyond sult with owners and operators of pipeline fa- (B) an analysis of the practicability of es- high-consequence areas; and cilities to determine the extent to which the tablishing technically, operationally, and (ii) remove redundant class location re- owners and operators are already providing economically feasible standards for the capa- quirements for gas transmission pipeline fa- system-specific information about their bility of such systems to detect leaks, and cilities that are regulated under an integrity pipeline facilities to emergency response the safety benefits and adverse consequences management program adopted and imple- agencies. of requiring operators to use leak detection (c) RESPONSE PLANS.— mented under section 60109(c)(2) of title 49, systems. (1) IN GENERAL.—Chapter 601 is amended by United States Code. (b) RULEMAKING REQUIREMENTS.— adding at the end the following: (4) SAVINGS CLAUSE.— (1) REVIEW PERIOD DEFINED.—In this sub- (A) IN GENERAL.—Notwithstanding any ‘‘§ 60138. Response plans section, the term ‘‘review period’’ means the other provision of this subsection, the Sec- ‘‘(a) IN GENERAL.—The Secretary of Trans- period beginning on the date of enactment of retary, during the review period, may issue portation shall— this Act and ending on the earlier of— final regulations described in paragraph ‘‘(1) maintain on file a copy of the most re- (A) the date that is 1 year after the date of (3)(B), if the Secretary determines that a cent response plan (as defined in part 194 of completion of the report under subsection condition that poses a risk to public safety, title 49, Code of Federal Regulations) pre- (a); or property, or the environment is present or pared by an owner or operator of a pipeline (B) the date that is 2 years after the date an imminent hazard exists and that the reg- facility; and of enactment of this Act. ulations will address the risk or hazard. ‘‘(2) provide upon written request to a per- (2) CONGRESSIONAL AUTHORITY.—In order to (B) IMMINENT HAZARD DEFINED.—In subpara- son a copy of the plan, which may exclude, provide Congress the necessary time to re- graph (A), the term ‘‘imminent hazard’’ as the Secretary determines appropriate— view the results of the report required by means the existence of a condition related to ‘‘(A) proprietary information; subsection (a) and implement appropriate pipelines or pipeline operations that presents ‘‘(B) security-sensitive information, in- recommendations, the Secretary, during the a substantial likelihood that death, serious cluding information described in section review period, shall not issue final regula- illness, severe personal injury, or substantial 1520.5(a) of title 49, Code of Federal Regula- tions described in paragraph (3). endangerment to health, property, or the en- tions; (3) STANDARDS.—As soon as practicable fol- vironment may occur. ‘‘(C) specific response resources and tac- lowing the review period, if the report re- (g) REPORT TO CONGRESS ON RISK-BASED tical resource deployment plans; and quired by subsection (a) finds that it is prac- PIPELINE REASSESSMENT INTERVALS.—Not ‘‘(D) the specific amount and location of ticable to establish technically, operation- later than 2 years after the date of enact- worst case discharges (as defined in part 194 ally, and economically feasible standards for

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PIPELINE INFRASTRUCTURE DATA COL- line facility and submitted to the Secretary; detect leaks, the Secretary shall issue final LECTION. or regulations that— (a) IN GENERAL.—Section 60132(a) is amend- ‘‘(ii) uses new or novel technologies or de- (A) require operators of hazardous liquid ed by adding at the end the following: sign, as determined by the Secretary. pipeline facilities to use leak detection sys- ‘‘(4) Any other geospatial or technical ‘‘(2) NOTIFICATION.—For any new pipeline tems where practicable; and data, including design and material speci- facility construction project in which the (B) establish technically, operationally, fications, that the Secretary determines are Secretary will conduct design reviews, the and economically feasible standards for the necessary to carry out the purposes of this person proposing the project shall notify the capability of such systems to detect leaks. section. The Secretary shall give reasonable Secretary and provide the design specifica- (4) SAVINGS CLAUSE.— notice to operators that the data are being tions, construction plans and procedures, (A) IN GENERAL.—Notwithstanding any requested.’’. and related materials at least 120 days prior other provision of this subsection, the Sec- (b) DISCLOSURE LIMITED TO FOIA REQUIRE- to the commencement of construction. To retary, during the review period, may issue MENTS.—Section 60132, as amended by this the maximum extent practicable, not later final regulations described in paragraph (3) if Act, is further amended by adding at the end than 90 days after receiving such design spec- the Secretary determines that a condition the following: ifications, construction plans and proce- ‘‘(f) PUBLIC DISCLOSURE LIMITED.—The Sec- that poses a risk to public safety, property, dures, and related materials, the Secretary retary may not disclose information col- or the environment is present or an immi- shall provide written comments, feedback, lected pursuant to subsection (a) except to nent hazard exists and that the regulations and guidance on the project. the extent permitted by section 552 of title will address the risk or hazard. ‘‘(3) PIPELINE SAFETY DESIGN REVIEW 5.’’. (B) IMMINENT HAZARD DEFINED.—In subpara- FUND.— SEC. 12. TRANSPORTATION-RELATED OIL FLOW graph (A), the term ‘‘imminent hazard’’ ‘‘(A) ESTABLISHMENT.—There is established LINES. means the existence of a condition related to Section 60102, as amended by this Act, is a Pipeline Safety Design Review Fund in the pipelines or pipeline operations that presents further amended by adding at the end the Treasury of the United States. a substantial likelihood that death, serious following: ‘‘(B) DEPOSITS.—The Secretary shall de- illness, severe personal injury, or substantial ‘‘(o) TRANSPORTATION-RELATED OIL FLOW posit funds paid under this subsection into endangerment to health, property, or the en- LINES.— the Fund. vironment may occur. ‘‘(1) DATA COLLECTION.—The Secretary may ‘‘(C) USE.—Amounts in the Fund shall be SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. collect geospatial or technical data on trans- available to the Secretary, in amounts speci- (a) REVISION OF REGULATIONS.—Not later portation-related oil flow lines, including fied in appropriations Acts, to offset the than 18 months after the date of enactment unregulated transportation-related oil flow costs of conducting facility design safety re- of this Act, the Secretary of Transportation lines. views under this subsection. shall revise regulations issued under sections ‘‘(2) TRANSPORTATION-RELATED OIL FLOW ‘‘(4) NO ADDITIONAL PERMITTING AUTHOR- 191.5 and 195.52 of title 49, Code of Federal LINE DEFINED.—In this subsection, the term ITY.—Nothing in this subsection may be con- Regulations, to establish specific time limits ‘transportation-related oil flow line’ means a strued as authorizing the Secretary to re- for telephonic or electronic notice of acci- pipeline transporting oil off of the grounds of quire a person to obtain a permit before be- dents and incidents involving pipeline facili- the well where it originated and across areas ginning design and construction in connec- ties to the Secretary and the National Re- not owned by the producer, regardless of the tion with a project described in paragraph sponse Center. extent to which the oil has been processed, if (1)(B).’’. (b) MINIMUM REQUIREMENTS.—In revising at all. (b) GUIDANCE.—Not later than 1 year after the regulations, the Secretary, at a min- ‘‘(3) LIMITATION.—Nothing in this sub- the date of enactment of this Act, the Sec- imum, shall— section authorizes the Secretary to prescribe retary of Transportation shall issue guidance (1) establish time limits for telephonic or standards for the movement of oil through to clarify the meaning of the term ‘‘new or electronic notification of an accident or inci- production, refining, or manufacturing fa- novel technologies or design’’ as used in sec- dent to require such notification at the ear- cilities or through oil production flow lines tion 60117(n)(1)(B)(ii) of title 49, United liest practicable moment following con- located on the grounds of wells.’’. States Code, as amended by subsection (a) of firmed discovery of an accident or incident this section. and not later than 1 hour following the time SEC. 13. COST RECOVERY FOR DESIGN REVIEWS. (a) IN GENERAL.—Section 60117(n) is amend- SEC. 14. BIOFUEL PIPELINES. of such confirmed discovery; ed to read as follows: Section 60101(a)(4) is amended— (2) review procedures for owners and opera- ‘‘(n) COST RECOVERY FOR DESIGN RE- (1) in subparagraph (A) by striking ‘‘and’’ tors of pipeline facilities and the National VIEWS.— after the semicolon; Response Center to provide thorough and co- ‘‘(1) IN GENERAL.— (2) by redesignating subparagraph (B) as ordinated notification to all relevant State ‘‘(A) REVIEW COSTS.—For any project de- subparagraph (C); and and local emergency response officials, in- scribed in subparagraph (B), if the Secretary (3) by inserting after subparagraph (A) the cluding 911 emergency call centers, for the conducts facility design safety reviews in following: jurisdictions in which those pipeline facili- connection with a proposal to construct, ex- ‘‘(B) nonpetroleum fuel, including biofuel, ties are located in the event of an accident pand, or operate a gas or hazardous liquid that is flammable, toxic, or corrosive or or incident, and revise such procedures as ap- pipeline facility or liquefied natural gas would be harmful to the environment if re- propriate; and pipeline facility, including construction in- leased in significant quantities; and’’. (3) require such owners and operators to re- spections and oversight, the Secretary may SEC. 15. CARBON DIOXIDE PIPELINES. vise their initial telephonic or electronic no- require the person proposing the project to Section 60102(i) is amended— tice to the Secretary and the National Re- pay the costs incurred by the Secretary re- (1) by striking ‘‘The Secretary shall regu- sponse Center with an estimate of the lating to such reviews. If the Secretary exer- late’’ and inserting the following: amount of the product released, an estimate cises the cost recovery authority described ‘‘(1) TRANSPORTATION IN LIQUID STATE.—The of the number of fatalities and injuries, if in this paragraph, the Secretary shall pre- Secretary shall regulate’’. any, and any other information determined scribe a fee structure and assessment meth- (2) by adding at the end the following new appropriate by the Secretary within 48 hours odology that is based on the costs of pro- paragraph: of the accident or incident, to the extent viding these reviews and shall prescribe pro- ‘‘(2) TRANSPORTATION IN GASEOUS STATE.— practicable. cedures to collect fees under this paragraph. ‘‘(A) MINIMUM SAFETY STANDARDS.—The (c) UPDATING OF REPORTS.—After receiving The Secretary may not collect design safety Secretary shall prescribe minimum safety revisions described in subsection (b)(3), the National Response Center shall update the review fees under this paragraph and section standards for the transportation of carbon initial report on an accident or incident in- 60301 for the same design safety review. dioxide by pipeline in a gaseous state. stead of generating a new report. ‘‘(B) PROJECTS TO WHICH APPLICABLE.—Sub- ‘‘(B) CONSIDERATIONS.—In establishing the paragraph (A) applies to any project that— standards, the Secretary shall consider SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN COMPLI- ‘‘(i) has design and construction costs to- whether applying the minimum safety stand- ANCE. taling at least $2,500,000,000, as periodically ards in part 195 of title 49, Code of Federal (a) IN GENERAL.—Subparagraphs (A) and adjusted by the Secretary to take into ac- Regulations, as in effect on the date of en- (B) of section 311(m)(2) of the Federal Water count increases in the Consumer Price Index actment of this paragraph, for the transpor- Pollution Control Act (33 U.S.C. 1321(m)(2)) for all-urban consumers published by the De- tation of carbon dioxide in a liquid state to are each amended by striking ‘‘Adminis- partment of Labor, based on— the transportation of carbon dioxide in a trator or’’ and inserting ‘‘Administrator, the ‘‘(I) the cost estimate provided to the Fed- gaseous state would ensure safety. Secretary of Transportation, or’’. eral Energy Regulatory Commission in an ‘‘(3) LIMITATION ON STATUTORY CONSTRUC- (b) CONFORMING AMENDMENT.—Section application for a certificate of public conven- TION.—Nothing in this subsection authorizes 311(b)(6)(A) of the Federal Water Pollution ience and necessity for a gas pipeline facility the Secretary to regulate piping or equip- Control Act (33 U.S.C. 1321(b)(6)(A)) is or an application for authorization for a liq- ment used in the production, extraction, re- amended by striking ‘‘operating or’’ and in- uefied natural gas pipeline facility; or covery, lifting, stabilization, separation, or serting ‘‘operating, the Secretary of Trans- ‘‘(II) a good faith estimate developed by treatment of carbon dioxide or the prepara- portation, or’’. the person proposing a hazardous liquid pipe- tion of carbon dioxide for transportation by

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EXCESS FLOW VALVES. sive review of hazardous liquid pipeline facil- and determinations; and Section 60109(e)(3) is amended— ity regulations to determine whether the (E) prohibiting ex-parte communication (1) by redesignating subparagraph (B) as regulations are sufficient to regulate pipe- relevant to the question to be decided in subparagraph (C); and line facilities used for the transportation of such a case by parties to an investigation or (2) by inserting after subparagraph (A) the diluted bitumen. In conducting the review, hearing. following: the Secretary shall conduct an analysis of (2) PRESIDING OFFICIAL.—The regulations ‘‘(B) DISTRIBUTION BRANCH SERVICES, MULTI- whether any increase in the risk of a release issued under this subsection shall— FAMILY FACILITIES, AND SMALL COMMERCIAL exists for pipeline facilities transporting di- (A) define the term ‘‘presiding official’’ to FACILITIES.—Not later than 2 years after the luted bitumen. The Secretary shall report mean the person who conducts any hearing date of enactment of the Pipeline Safety, the results of the review to the Committee relating to civil penalty assessments, com- Regulatory Certainty, and Job Creation Act on Commerce, Science, and Transportation pliance orders, safety orders, or corrective of 2011, and after issuing a final report on the of the Senate and the Committee on Trans- action orders; and evaluation of the National Transportation portation and Infrastructure and the Com- (B) require that the presiding official be an Safety Board’s recommendation on excess mittee on Energy and Commerce of the attorney on the staff of the Deputy Chief flow valves in applications other than serv- House of Representatives. Counsel of the Pipeline and Hazardous Mate- ice lines serving one single family residence, the Secretary, if appropriate, shall by regu- SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS rials Safety Administration that is not en- LIQUIDS TRANSPORTED BY PIPE- gaged in investigative or prosecutorial func- lation require the use of excess flow valves, LINE. tions, including the preparation of notices of or equivalent technology, where economi- The Secretary of Transportation may con- probable violations, notices relating to civil cally, technically, and operationally feasible duct an analysis of the transportation of penalty assessments, notices relating to on new or entirely replaced distribution nonpetroleum hazardous liquids by pipeline compliance, or notices of proposed corrective branch services, multifamily facilities, and facility for the purpose of identifying the ex- actions. small commercial facilities.’’. tent to which pipeline facilities are cur- (3) EXPEDITED REVIEW.—The regulations SEC. 23. MAXIMUM ALLOWABLE OPERATING rently being used to transport nonpetroleum issued under this subsection shall define the PRESSURE. hazardous liquids, such as chlorine, from term ‘‘expedited review’’ for the purposes of (a) IN GENERAL.—Chapter 601, as amended by this Act, is further amended by adding at chemical production facilities across land paragraph (1)(C). the end the following: areas not owned by the producer that are ac- (b) STANDARDS OF JUDICIAL REVIEW.—Sec- cessible to the public. The analysis should tion 60119(a) is amended by adding at the end ‘‘§ 60139. Maximum allowable operating pres- identify the extent to which the safety of the the following new paragraph: sure pipeline facilities is unregulated by the ‘‘(3) A judicial review of agency action ‘‘(a) VERIFICATION OF RECORDS.— States and evaluate whether the transpor- under this section shall apply the standards ‘‘(1) IN GENERAL.—The Secretary of Trans- tation of such chemicals by pipeline facility of review established in section 706 of title portation shall require each owner or oper- across areas accessible to the public would 5.’’. ator of a pipeline facility to conduct, not present significant risks to public safety, SEC. 21. GAS AND HAZARDOUS LIQUID GATH- later than 6 months after the date of enact- property, or the environment in the absence ERING LINES. ment of this section, a verification of the of regulation. The results of the analysis (a) REVIEW.—The Secretary of Transpor- records of the owner or operator relating to shall be made available to the Committee on tation shall conduct a review of existing the interstate and intrastate gas trans- Commerce, Science, and Transportation of Federal and State regulations for gas and mission pipelines of the owner or operator in the Senate and the Committee on Transpor- hazardous liquid gathering lines located on- class 3 and class 4 locations and class 1 and tation and Infrastructure and the Committee shore and offshore in the United States, in- class 2 high-consequence areas. on Energy and Commerce of the House of cluding within the inlets of the Gulf of Mex- ‘‘(2) PURPOSE.—The purpose of the Representatives. ico. verification shall be to ensure that the (b) REPORT TO CONGRESS.— SEC. 18. CLARIFICATIONS. records accurately reflect the physical and (1) IN GENERAL.—Not later than 2 years operational characteristics of the pipelines (a) INSPECTION AND MAINTENANCE.—Section after the date of enactment of this Act, the described in paragraph (1) and confirm the 60108(a)(1) is amended by striking ‘‘an intra- Secretary shall submit to the Committee on established maximum allowable operating state’’ and inserting ‘‘a’’. Transportation and Infrastructure and the pressure of the pipelines. (b) OWNER AND OPERATOR.—Section Committee on Energy and Commerce of the LEMENTS.—The verification process 60102(a)(2)(A) is amended by striking ‘‘owners ‘‘(3) E House of Representatives and the Committee under this subsection shall include such ele- and operators’’ and inserting ‘‘any or all of on Commerce, Science, and Transportation ments as the Secretary considers appro- the owners or operators’’. of the Senate a report on the results of the priate. SEC. 19. MAINTENANCE OF EFFORT. review. ‘‘(b) REPORTING.— Section 60107(b) is amended by adding at (2) RECOMMENDATIONS.—The report shall ‘‘(1) DOCUMENTATION OF CERTAIN PIPE- the end the following: ‘‘For each of fiscal include the Secretary’s recommendations LINES.—Not later than 18 months after the years 2012 and 2013, the Secretary shall grant with respect to— date of enactment of this section, each such a waiver to a State if the State can (A) the sufficiency of existing Federal and owner or operator of a pipeline facility shall demonstrate an inability to maintain or in- State laws and regulations to ensure the identify and submit to the Secretary docu- crease the required funding share of its safe- safety of gas and hazardous liquid gathering mentation relating to each pipeline segment ty program at or above the level required by lines; of the owner or operator described in sub- this subsection due to economic hardship in (B) the economic impacts, technical prac- section (a)(1) for which the records of the that State. For fiscal year 2014, and each fis- ticability, and challenges of applying exist- owner or operator are insufficient to confirm cal year thereafter, the Secretary may grant ing Federal regulations to gathering lines the established maximum allowable oper- such a waiver to a State if the State can that are not currently subject to Federal ating pressure of the segment. make the demonstration described in the regulation when compared to the public safe- ‘‘(2) EXCEEDANCES OF MAXIMUM ALLOWABLE preceding sentence.’’. ty benefits; and OPERATING PRESSURE.—If there is an exceed- SEC. 20. ADMINISTRATIVE ENFORCEMENT PROC- (C) subject to a risk-based assessment, the ance of the maximum allowable operating ESS. need to modify or revoke existing exemp- pressure with respect to a gas transmission (a) ISSUANCE OF REGULATIONS.— tions from Federal regulation for gas and pipeline of an owner or operator of a pipeline (1) IN GENERAL.—Not later than 2 years hazardous liquid gathering lines. facility that exceeds the build-up allowed for after the date of enactment of this Act, the (c) OFFSHORE GATHERING LINES.—Section operation of pressure-limiting or control de- Secretary of Transportation shall issue regu- 60108(c) is amended by adding at the end the vices, the owner or operator shall report the lations— following: exceedance to the Secretary and appropriate (A) requiring hearings under sections 60112, ‘‘(8) If, after reviewing existing Federal and State authorities on or before the 5th day 60117, 60118, and 60122 of title 49, United State regulations for hazardous liquid gath- following the date on which the exceedance States Code, to be convened before a pre- ering lines located offshore in the United occurs. siding official; States, including within the inlets of the ‘‘(c) DETERMINATION OF MAXIMUM ALLOW- (B) providing the opportunity for any per- Gulf of Mexico, the Secretary determines it ABLE OPERATING PRESSURE.— son requesting a hearing under section 60112, is appropriate, the Secretary shall issue reg- ‘‘(1) IN GENERAL.—In the case of a trans- 60117, 60118, or 60122 of such title to arrange ulations, after notice and an opportunity for mission line of an owner or operator of a for a transcript of the hearing, at the ex- a hearing, subjecting offshore hazardous liq- pipeline facility identified under subsection pense of the requesting person; uid gathering lines and hazardous liquid (b)(1), the Secretary shall—

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‘‘(A) require the owner or operator to re- than the Federal Government for all ex- ‘‘(b) ASSESSMENT OF CURRENT REQUIRE- confirm a maximum allowable operating penses incurred by the Secretary in pro- MENTS FOR DEPTH OF COVER OVER BURIED pressure as expeditiously as economically viding training for State and local govern- PIPELINES.— feasible; and ment personnel under subsection (a), includ- ‘‘(1) IN GENERAL.—If, following completion ‘‘(B) determine what actions are appro- ing salaries, expenses, transportation for of the study under subsection (a), the Sec- priate for the pipeline owner or operator to Pipeline and Hazardous Materials Safety Ad- retary finds that the depth of cover over bur- take to maintain safety until a maximum al- ministration personnel, and the cost of ied pipelines is a contributing factor in the lowable operating pressure is confirmed. training materials. accidental release of hazardous liquids from ‘‘(2) INTERIM ACTIONS.—In determining the (2) AUTHORIZATION OF APPROPRIATIONS.— the pipelines, the Secretary, not later than 1 actions for an owner or operator of a pipeline Amounts collected as reimbursement under year after the date of completion of the facility to take under paragraph (1)(B), the paragraph (1) are authorized to be appro- study, shall review and determine the suffi- Secretary shall take into account potential priated for the purposes set forth in chapter ciency of current requirements for the depth consequences to public safety and the envi- 601 of title 49, United States Code. of cover over buried pipelines. ronment, potential impacts on pipeline sys- SEC. 26. REPORT ON MINORITY-OWNED, WOMAN- ‘‘(2) LEGISLATIVE RECOMMENDATIONS.— tem reliability and deliverability, and other OWNED, AND DISADVANTAGED BUSI- ‘‘(A) DEVELOPMENT.—If the Secretary de- factors, as appropriate. NESSES. termines under paragraph (1) that the cur- ‘‘(d) TESTING REGULATIONS.— Not later than 1 year after the date of en- rent requirements for the depth of cover over ‘‘(1) IN GENERAL.—Not later than 18 months actment of this Act, the Comptroller General buried pipelines are insufficient, the Sec- after the date of enactment of this section, of the United States, based upon available retary shall develop legislative recommenda- the Secretary shall issue regulations for con- information, shall submit to the Committee tions for improving the safety of buried pipe- ducting tests to confirm the material on Commerce, Science, and Transportation lines at crossings of inland bodies of water strength of previously untested natural gas of the Senate and the Committee on Trans- with a width of at least 100 feet from high transmission pipelines located in high-con- portation and Infrastructure and the Com- water mark to high water mark. sequence areas and operating at a pressure mittee on Energy and Commerce of the ‘‘(B) CONSIDERATION OF FACTORS.—In devel- greater than 30 percent of specified min- House of Representatives a comprehensive oping legislative recommendations under imum yield strength. report assessing the levels and types of par- subparagraph (A), the Secretary shall con- ‘‘(2) CONSIDERATIONS.—In developing the ticipation and methods of facilitating the sider the factors specified in section regulations, the Secretary shall consider participation of minority-owned business en- 60102(b)(2). safety testing methodologies, including, at a terprises, woman-owned business enterprises, ‘‘(C) REPORT TO CONGRESS.—If the Sec- minimum— and disadvantaged business enterprises in retary develops legislative recommendations ‘‘(A) pressure testing; and the construction and operation of pipeline under subparagraph (A), the Secretary shall ‘‘(B) other alternative methods, including facilities in the United States. submit to the committees referred to in sub- in-line inspections, determined by the Sec- SEC. 27. REPORT ON PIPELINE PROJECTS. section (a)(2) a report containing the legisla- tive recommendations.’’. retary to be of equal or greater effectiveness. (a) STUDY.—The Comptroller General of (b) CLERICAL AMENDMENT.—The analysis ‘‘(3) COMPLETION OF TESTING.—The Sec- the United States shall conduct a com- for chapter 601 is amended by inserting after retary, in consultation with the Chairman of prehensive study regarding the process for the Federal Energy Regulatory Commission the item relating to section 60139 the fol- obtaining Federal and State permits for lowing: and State regulators, as appropriate, shall projects to construct pipeline facilities. establish timeframes for the completion of ‘‘60140. Cover over buried pipelines.’’. (b) EVALUATION.—In conducting the study, such testing that take into account poten- the Comptroller General shall evaluate how SEC. 29. SEISMICITY. tial consequences to public safety and the long it takes to issue permits for pipeline In identifying and evaluating all potential environment and that minimize costs and construction projects, the relationship be- threats to each pipeline segment pursuant to parts 192 and 195 of title 49, Code of Federal service disruptions. tween the States and the Federal Govern- Regulations, an operator of a pipeline facil- ‘‘(e) HIGH-CONSEQUENCE AREA DEFINED.—In ment in issuing such permits, and any rec- ity shall consider the seismicity of the area. this section, the term ‘high-consequence ommendations from the States for improv- area’ means an area described in section ing the permitting process. SEC. 30. TRIBAL CONSULTATION FOR PIPELINE 60109(a).’’. PROJECTS. (c) CONSULTATION.—In conducting the LERICAL AMENDMENT.—The analysis Not later than 1 year after the date of en- (b) C study, the Comptroller General shall consult for chapter 601 is amended by inserting after actment of this Act, the Secretary of Trans- with the Committee on Transportation and the item relating to section 60138 the fol- portation shall develop and implement a pro- Infrastructure and the Committee on Energy lowing: tocol for consulting with Indian tribes to and Commerce of the House of Representa- provide technical assistance for the regula- ‘‘60139. Maximum allowable operating pres- tives and the Committee on Commerce, tion of pipelines that are under the jurisdic- sure.’’. Science, and Transportation of the Senate. tion of Indian tribes. SEC. 24. LIMITATION ON INCORPORATION OF (d) REPORT.—Not later than 1 year after SEC. 31. PIPELINE INSPECTION AND ENFORCE- DOCUMENTS BY REFERENCE. the date of enactment of this Act, the Comp- MENT NEEDS. Section 60102, as amended by this Act, is troller General shall submit to the Com- (a) INSPECTION AND ENFORCEMENT NEEDS.— further amended by adding at the end the mittee on Transportation and Infrastructure Not later than 12 months after the date of following: and the Committee on Energy and Commerce enactment of this Act, the Secretary of ‘‘(p) LIMITATION ON INCORPORATION OF DOC- of the House of Representatives and the Transportation shall submit to the Com- UMENTS BY REFERENCE.—Beginning 1 year Committee on Commerce, Science, and mittee on Transportation and Infrastructure after the date of enactment of this sub- Transportation of the Senate a report on the and the Committee on Energy and Commerce section, the Secretary may not issue guid- results of the study. of the House of Representatives and the ance or a regulation pursuant to this chapter SEC. 28. COVER OVER BURIED PIPELINES. Committee on Commerce, Science, and that incorporates by reference any docu- (a) IN GENERAL.—Chapter 601, as amended Transportation of the Senate a report that ments or portions thereof unless the docu- by this Act, is further amended by adding at provides information on— ments or portions thereof are made available the end the following: (1) the total number of full-time equivalent to the public, free of charge, on an Internet positions for pipeline inspection and enforce- Web site.’’. ‘‘§ 60140. Cover over buried pipelines ment personnel at the Pipeline and Haz- SEC. 25. PIPELINE SAFETY TRAINING FOR STATE ‘‘(a) HAZARDOUS LIQUID PIPELINE INCIDENTS ardous Materials Safety Administration; AND LOCAL GOVERNMENT PER- INVOLVING BURIED PIPELINES.— (2) out of the total number of such posi- SONNEL. ‘‘(1) STUDY.—The Secretary of Transpor- tions, how many of the positions are not (a) IN GENERAL.—To further the objectives tation shall conduct a study of hazardous filled and the reasons why the positions are of chapter 601 of title 49, United States Code, liquid pipeline incidents at crossings of in- not filled; the Secretary of Transportation may provide land bodies of water with a width of at least (3) the actions the Administrator of the the services of personnel from the Pipeline 100 feet from high water mark to high water Pipeline and Hazardous Materials Safety Ad- and Hazardous Materials Safety Administra- mark to determine if the depth of cover over ministration is taking to fill the positions; tion to provide training for State and local the buried pipeline was a factor in any acci- and government personnel at a pipeline safety dental release of hazardous liquids. (4) any additional inspection and enforce- training facility that is established and oper- ‘‘(2) REPORT.—Not later than 1 year after ment resource needs of the Pipeline and Haz- ated by an agency or instrumentality of the the date of enactment of this section, the ardous Materials Safety Administration. United States, a unit of State or local gov- Secretary shall transmit to the Committee (b) STAFFING.—Subject to the availability ernment, or an educational institution. on Transportation and Infrastructure and of funds, the Secretary may increase the (b) REIMBURSEMENTS FOR TRAINING EXPEND- the Committee on Energy and Commerce of number of positions for pipeline inspection ITURES.— the House of Representatives and the Com- and enforcement personnel at the Pipeline (1) IN GENERAL.—Notwithstanding any mittee on Commerce, Science, and Transpor- and Hazardous Materials Safety Administra- other provision of law, the Secretary may re- tation of the Senate a report on the results tion by 10 full-time equivalent employees, quire reimbursement from sources other of the study. if—

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.042 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8948 CONGRESSIONAL RECORD — HOUSE December 14, 2011 (1) on or before September 30, 2014, the Sec- and Technology, as appropriate, shall pre- Self-Determination and Education Assistance retary fills the 135 full-time equivalent posi- pare a research and development program Act (25 U.S.C. 458aaa–11(c)(2)(B)). tions for pipeline inspection and enforce- plan every 5 years thereafter and shall trans- SEC. 2. PROPERTY DESCRIBED. ment personnel specified in section 18(e) of mit a report to Congress on the status and The property, including all land and appur- the Pipeline Inspection, Protection, Enforce- results-to-date of implementation of the pro- tenances, to be conveyed pursuant to section 1 ment, and Safety Act of 2006 (120 Stat. 3498); gram every 2 years. The biennial report shall is as follows: and include a summary of updated research needs (1) KOTZEBUE HOSPITAL AND LAND.—Re-Plat (2) in preparing the report under sub- and priorities identified through the con- of Friends Mission Reserve, Subdivision No. 2, section (a), the Secretary finds that addi- sultation requirements of paragraph (2). U.S. Survey 2082, Lot 1, Block 12, Kotzebue, tional pipeline inspection and enforcement ‘‘(B) CONSULTATION.—The Secretary shall Alaska, containing 8.10 acres recorded in the personnel are necessary. comply with the consultation requirements Kotzebue Recording District, Kotzebue, Alaska, of paragraph (2) when preparing the program SEC. 32. AUTHORIZATION OF APPROPRIATIONS. on August 18, 2009. plan and in the selection and prioritization (a) GAS AND HAZARDOUS LIQUID.—Section (2) KOTZEBUE QUARTERS AKA KIC SITE.—Re- of research and development projects. 60125(a) is amended to read as follows: plat of Friends Mission Reserve, U.S. Survey ‘‘(C) FUNDING FROM NON-FEDERAL ‘‘(a) GAS AND HAZARDOUS LIQUID.— 2082, Lot 1A, Block 13, Kotzebue, Alaska, con- SOURCES.—The Secretary shall ensure at ‘‘(1) IN GENERAL.—To carry out the provi- taining 5.229 acres recording in the Kotzebue least 30 percent of the costs of program-wide sions of this chapter related to gas and haz- Recording District, Kotzebue, Alaska, on De- research and development activities are car- ardous liquid and section 12 of the Pipeline cember 23, 1991. Safety Improvement Act of 2002 (49 U.S.C. ried out using non-Federal sources.’’. (2) in subsection (f) by striking ‘‘2003 (3) KOTZEBUE QUARTERS AKA NANA SITE.—Lot 60101 note; Public Law 107–355), there is au- 1B, Block 26, Tract A, Townsite of Kotzebue, thorized to be appropriated to the Depart- through 2006.’’ and inserting ‘‘2012 through 2015.’’. U.S. Survey No. 2863 A, Kotzebue, Alaska, con- ment of Transportation for each of fiscal taining 1.29 acres recorded in the Kotzebue Re- years 2012 through 2015, from fees collected The concurrent resolution was agreed cording District, Kotzebue, Alaska, on December under section 60301, $90,679,000, of which to. 23, 1991. $4,746,000 is for carrying out such section 12 A motion to reconsider was laid on SEC. 3. ENVIRONMENTAL LIABILITY. and $36,194,000 is for making grants. the table. ‘‘(2) TRUST FUND AMOUNTS.—In addition to (a) IN GENERAL.—Notwithstanding any other the amounts authorized to be appropriated f provision of Federal law, the Maniilaq Associa- tion shall not be liable for any soil, surface by paragraph (1), there is authorized to be b 1900 appropriated for each of fiscal years 2012 water, groundwater, or other contamination re- through 2015 from the Oil Spill Liability ANNOUNCEMENT BY THE SPEAKER sulting from the disposal, release, or presence of Trust Fund to carry out the provisions of PRO TEMPORE any environmental contamination, including this chapter related to hazardous liquid and any oil or petroleum products, or any hazardous section 12 of the Pipeline Safety Improve- The SPEAKER pro tempore (Mr. substances, hazardous materials, hazardous ment Act of 2002 (49 U.S.C. 60101 note; Public AUSTIN SCOTT of Georgia). Pursuant to waste, pollutants, toxic substances, solid waste, Law 107–355), $18,573,000, of which $2,174,000 is clause 8 of rule XX, the Chair will post- or any other environmental contamination or for carrying out such section 12 and $4,558,000 pone further proceedings today on mo- hazard as defined in any Federal law, on any is for making grants.’’. tions to suspend the rules on which a property described in section 2 as of the date of (b) EMERGENCY RESPONSE GRANTS.—Sec- recorded vote or the yeas and nays are the conveyance. tion 60125(b)(2) is amended by striking ‘‘2007 ordered, or on which the vote incurs (b) EASEMENT.—The Secretary shall be ac- corded any easement or access to the property through 2010’’ and inserting ‘‘2012 through objection under clause 6 of rule XX. 2015’’. conveyed as may be reasonably necessary to sat- Record votes on postponed questions (c) ONE-CALL NOTIFICATION PROGRAMS.— isfy any retained obligations and liability of the Section 6107 is amended— will be taken later. Secretary. (1) in subsection (a) by striking ‘‘2007 f (c) NOTICE OF HAZARDOUS SUBSTANCE ACTIV- through 2010.’’ and inserting ‘‘2012 through ITY AND WARRANTY.—The Secretary shall com- 2015.’’; MANIILAQ ASSOCIATION ply with section 120(h)(3)(A) and (B) of the (2) in subsection (b) by striking ‘‘2007 PROPERTY CONVEYANCE Comprehensive Environmental Response, Com- through 2010.’’ and inserting ‘‘2012 through Mr. HASTINGS of Washington. Mr. pensation, and Liability Act of 1980 (42 U.S.C. 2015.’’; and Speaker, I move to suspend the rules 9620(h)(3)(A)). (3) by striking subsection (c). and pass the bill (H.R. 443) to provide The SPEAKER pro tempore. Pursu- (d) STATE DAMAGE PREVENTION PRO- ant to the rule, the gentleman from GRAMS.—Section 60134 is amended by adding for the conveyance of certain property at the end the following: from the United States to the Maniilaq Washington (Mr. HASTINGS) and the ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Association located in Kotzebue, Alas- gentleman from the Northern Mariana There is authorized to be appropriated to the ka, as amended. Islands (Mr. SABLAN) each will control Secretary to provide grants under this sec- The Clerk read the title of the bill. 20 minutes. tion $1,500,000 for each of fiscal years 2012 The text of the bill is as follows: The Chair recognizes the gentleman through 2015. Such funds shall remain avail- H.R. 443 from Washington. able until expended.’’. (e) COMMUNITY PIPELINE SAFETY INFORMA- Be it enacted by the Senate and House of Rep- GENERAL LEAVE TION GRANTS.—Section 60130 is amended— resentatives of the United States of America in Mr. HASTINGS of Washington. Mr. (1) in subsection (a)(1) by striking ‘‘$50,000’’ Congress assembled, Speaker, I ask unanimous consent that and inserting ‘‘$100,000’’; SECTION 1. CONVEYANCE OF PROPERTY. all Members may have 5 legislative (2) in subsection (b)— (a) IN GENERAL.—As soon as practicable after days to revise and extend their re- (A) by inserting ‘‘to grant recipients and the date of the enactment of this Act, but not marks and include extraneous material their contractors’’ after ‘‘this section’’; and later than 180 days after such date, the Sec- (B) by inserting ‘‘, for direct advocacy for retary of Health and Human Services (in this on the bill under consideration. or against a pipeline construction or expan- Act referred to as the ‘‘Secretary’’) shall convey The SPEAKER pro tempore. Is there sion project,’’ after ‘‘for lobbying’’; and to the Maniilaq Association located in Kotzebue, objection to the request of the gen- (3) in subsection (d) by striking ‘‘$1,000,000 Alaska, all right, title, and interest of the tleman from Washington? for each of the fiscal years 2003 through 2010’’ United States in and to the property described There was no objection. and inserting ‘‘$1,500,000 for each of fiscal in section 2 for use in connection with health Mr. HASTINGS of Washington. Mr. years 2012 through 2015’’. and social services programs. The Secretary’s Speaker, I yield myself such time as I (f) PIPELINE TRANSPORTATION RESEARCH conveyance of title by warranty deed under this AND DEVELOPMENT.—Section 12 of the Pipe- section shall, on its effective date, supersede may consume. line Safety Improvement Act of 2002 (49 and render of no future effect on any Quitclaim H.R. 443 is sponsored by our colleague U.S.C. 60101 note) is amended— Deed the properties described in section 2 exe- from Alaska (Mr. YOUNG). The legisla- (1) in subsection (d) by adding at the end cuted by the Secretary and the Maniilaq Asso- tion directs the Indian Health Service the following: ciation. to transfer three parcels of Federal ‘‘(3) ONGOING PIPELINE TRANSPORTATION RE- (b) CONDITIONS.—The conveyance required by land in Alaska to the Maniilaq Associa- SEARCH AND DEVELOPMENT.— this section shall be made by warranty deed tion. The association is a nonprofit en- ‘‘(A) IN GENERAL.—After the initial 5-year without consideration and without imposing program plan has been carried out by the any obligation, term, or condition on the tity that runs Federal Indian health participating agencies, the Secretary of Maniilaq Association, or reversionary interest of services for Native people in northwest Transportation, in coordination with the Di- the United States, other than that required by Alaska. The parcels of land subject to rector of the National Institute of Standards this Act or section 512(c)(2)(B) of the Indian this legislation, which total about 15

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.043 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8949 acres, are currently the site of the ex- The Committee on Natural Resources con- RATTLESNAKE MOUNTAIN PUBLIC isting Native health facility and of pro- curs that by foregoing consideration of H.R. ACCESS ACT OF 2011 posed long-term care facilities and em- 443 at this time, the Committee on Energy and Commerce does not waive any jurisdic- Mr. HASTINGS of Washington. Mr. ployee housing. Speaker, I move to suspend the rules The subject lands have already been tion over the subject matter contained in this or similar legislation. In addition, and pass the bill (H.R. 2719) to ensure conveyed by the Secretary to the asso- should a conference on the bill be necessary, public access to the summit of Rattle- ciation through a quit claim deed. The I would support your request to have the Federal Indian health laws, however, snake Mountain in the Hanford Reach Committee on Energy and Commerce rep- National Monument for educational, under these laws, transferring a land resented on the conference committee. Fi- through the use of a quit claim deed nally, I would be pleased to include your let- recreational, historical, scientific, cul- could present some obstacles for the fu- ter and this response in the bill report filed tural, and other purposes. ture use of the land by the association. by the Committee on Natural Resources, as The Clerk read the title of the bill. H.R. 443 addresses this problem by di- well as the Congressional Record during The text of the bill is as follows: recting the Secretary to convey the floor consideration, to memorialize our un- H.R. 2719 property through the use of a warranty derstanding. Thank you for your cooperation. Be it enacted by the Senate and House of Rep- deed. This method provides clean title Sincerely, resentatives of the United States of America in to the land. The administration testi- DOC HASTINGS, Congress assembled, fied in support of the land transfer, and Chairman. SECTION 1. SHORT TITLE. we have heard no other objection to With that, Mr. Speaker, I urge the This Act may be cited as the ‘‘Rattlesnake this bill. House to pass the bill, and I reserve the Mountain Public Access Act of 2011’’. The bill was referred to the Com- balance of my time. SEC. 2. FINDINGS. mittee on Energy and Commerce. The Mr. SABLAN. Mr. Speaker, I yield Congress finds the following: chairman of that committee, Mr. myself such time as I may consume. (1) The Hanford Reach National Monument UPTON, has kindly forgone action on (Mr. SABLAN asked and was given is public land that belongs to the American people. the bill in the interest of expediting its permission to revise and extend his re- consideration on the House floor. I (2) The United States Fish and Wildlife marks.) Service’s Comprehensive Conservation Plan thank him for his cooperation and at Mr. SABLAN. Mr. Speaker, I rise in this point would like to include in the (CCP) for the Monument restricts public ac- support of H.R. 443. cess to large portions of the Monument, in- RECORD an exchange of letters between This bill would provide the Maniilaq cluding the summit of Rattlesnake Moun- our committees regarding this bill. Association with clear title to land tain. HOUSE OF REPRESENTATIVES, COM- previously conveyed to it by the United (3) Public access to Rattlesnake Mountain MITTEE ON ENERGY AND COM- States. Elimination of this restriction is important for educational, recreational, MERCE, would enable the association to obtain historical, scientific, and cultural purposes. Washington, DC, December 7, 2011. (4) Rattlesnake Mountain reaches an ele- loans for improvements to the property Hon. DOC HASTINGS, vation of 3,660 feet above sea level—the high- Chairman, Committee on Natural Resources, without Federal involvement. est elevation of the Monument, and provides Washington, DC. I urge my colleagues to support the unparalleled scenic views over the Monu- DEAR CHAIRMAN HASTINGS: I am writing passage of this legislation, and I re- ment, the Hanford Site, and the Columbia concerning H.R. 443, to provide for the con- serve the balance of my time. River. veyance of certain property from the United Mr. HASTINGS of Washington. Mr. (5) Public access to Rattlesnake Mountain States to the Maniilaq Association located Speaker, I am very pleased to yield will increase tourism interest in the Monu- in Kotzebue, Alaska, which was ordered re- such time as he may consume to the ment and will provide economic benefits to ported out of your Committee on October 5, local governments. 2011. I wanted to notify you that the Com- author of this legislation, the gen- tleman from Alaska (Mr. YOUNG). SEC. 3. ENSURING PUBLIC ACCESS TO THE SUM- mittee on Energy and Commerce will forgo MIT OF RATTLESNAKE MOUNTAIN IN action on H.R. 443 so that it may proceed ex- Mr. YOUNG of Alaska. I thank the THE HANFORD REACH NATIONAL peditiously to the House floor for consider- gentleman for yielding, and I want to MONUMENT. ation. thank Chairman HASTINGS and the (a) IN GENERAL.—The Secretary of the In- This is being done with the understanding ranking member for their cooperation terior shall provide public access to the sum- that the Committee on Energy and Com- in moving this bill. mit of Rattlesnake Mountain in the Hanford merce is not waiving any of its jurisdiction, As you said in your explanation, this Reach National Monument for educational, and the Committee will not in any way be recreational, historical, scientific, cultural, prejudiced with respect to the appointment is a noncontroversial bill. It solves the problem for the health providers of and other purposes, including— of conferees or its jurisdictional prerogatives (1) motor vehicle access; and on this or similar legislation. that area in Kotzebue. (2) pedestrian and other nonmotorized ac- I would appreciate your response to this I urge the House to pass the bill. cess. letter, confirming this understanding with Mr. SABLAN. Mr. Speaker, I yield (b) COOPERATIVE AGREEMENTS.—The Sec- respect to H.R. 443, and would ask that a back the balance of my time. retary of the Interior may enter into cooper- copy of our exchange of letters on this mat- Mr. HASTINGS of Washington. Mr. ative agreements to facilitate access to the ter be included in the Congressional Record Speaker, I urge support of the bill, and summit of Rattlesnake Mountain— during consideration of the bill on the House (1) with the Secretary of Energy, the State floor. I yield back the balance of my time. of Washington, or any local government Sincerely, The SPEAKER pro tempore. The agency or other interested persons, for guid- FRED UPTON, question is on the motion offered by ed tours, including guided motorized tours to Chairman. the gentleman from Washington (Mr. the summit of Rattlesnake Mountain; and HASTINGS) that the House suspend the (2) with the Secretary of Energy, and with HOUSE OF REPRESENTATIVES, rules and pass the bill, H.R. 443, as the State of Washington or any local govern- COMMITTEE ON NATURAL RESOURCES, amended. Washington, DC, December 7, 2011. ment agency or other interested persons, to The question was taken. maintain the access road to the summit of Hon. FRED UPTON, The SPEAKER pro tempore. In the Rattlesnake Mountain. Chairman, Committee on Energy and Commerce, opinion of the Chair, two-thirds being Washington, DC. The SPEAKER pro tempore. Pursu- in the affirmative, the ayes have it. DEAR MR. CHAIRMAN: Thank you for your ant to the rule, the gentleman from Mr. HASTINGS of Washington. Mr. letter regarding H.R. 443, to provide for the Washington (Mr. HASTINGS) and the Speaker, I object to the vote on the conveyance of certain property from the gentleman from the Northern Mariana United States to the Maniilaq Association ground that a quorum is not present Islands (Mr. SABLAN) each will control located in Kotzebue, Alaska. As you know, and make the point of order that a 20 minutes. the Committee on Natural Resources ordered quorum is not present. the bill reported by unanimous consent on The SPEAKER pro tempore. Pursu- The Chair recognizes the gentleman October 5, 2011. The Committee on Natural ant to clause 8 of rule XX, further pro- from Washington. Resources is interested in bringing this legis- GENERAL LEAVE lation before the House of Representatives, ceedings on this question will be post- and accordingly, appreciates that the Com- poned. Mr. HASTINGS of Washington. Mr. mittee on Energy and Commerce will forego The point of no quorum is considered Speaker, I ask unanimous consent that action on the bill. withdrawn. all Members may have 5 legislative

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.087 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8950 CONGRESSIONAL RECORD — HOUSE December 14, 2011 days to revise and extend their re- by unanimous consent, and I appre- SECTION 1. SHORT TITLE. marks and include extraneous material ciate the support of my colleagues on This Act may be cited as the ‘‘Sugar Loaf on the bill under consideration. both sides of the aisle for this measure. Fire Protection District Land Exchange Act of 2011’’. The SPEAKER pro tempore. Is there With that, I urge my colleagues to SEC. 2. DEFINITIONS. objection to the request of the gen- support the bill, and I reserve the bal- In this Act: tleman from Washington? ance of my time. (1) DISTRICT.—The term ‘‘District’’ means There was no objection. Mr. SABLAN. Mr. Speaker, I yield the Sugar Loaf Fire Protection District of Mr. HASTINGS of Washington. Mr. myself such time as I may consume. Boulder, Colorado. Speaker, I yield myself such time as I I rise in support of H.R. 2719, which (2) FEDERAL LAND.—The term ‘‘Federal may consume. would require the Fish and Wildlife land’’ means— H.R. 2719 directs the Department of Service to provide both motorized and (A) the parcel of approximately 1.52 acres the Interior to ensure public access to non-motorized access to the summit of of land in the National Forest that is gen- erally depicted on the map numbered 1, enti- the summit of Rattlesnake Mountain, Rattlesnake Mountain. This bill would tled ‘‘Sugarloaf Fire Protection District Pro- located within the Hanford Reach Na- allow the Fish and Wildlife Service to posed Land Exchange’’, and dated November tional Monument in my district. enter into cooperative agreements with 12, 2009; and At 3,600 feet, Rattlesnake Mountain the Department of Energy, the State of (B) the parcel of approximately 3.56 acres is the highest point in the region and Washington, local governments, and of land in the National Forest that is gen- provides unparalleled views for miles other interested persons to provide erally depicted on the map numbered 2, enti- around the monument, the Hanford guided tours to the summit of the tled ‘‘Sugarloaf Fire Protection District Pro- Site, the Columbia River, the Yakima mountain and to maintain the access posed Land Exchange’’, and dated November 12, 2009. River and the Snake River. Unfortu- road to the summit. (3) NATIONAL FOREST.—The term ‘‘National nately, it took the Fish and Wildlife In 2008 the Fish and Wildlife Service Forest’’ means the Arapaho-Roosevelt Na- Service 8 years to write a management completed a management plan for this tional Forests located in the State of Colo- plan that effectively closed Rattle- area and determined that Service-spon- rado. snake Mountain to public access, de- sored or led tours and a hiking trail are (4) NON-FEDERAL LAND.—The term ‘‘non- spite the public comments favoring appropriate and compatible uses of the Federal land’’ means the parcel of approxi- just the opposite. area. In October, at the hearing on H.R. mately 5.17 acres of non-Federal land in un- After I introduced this bill last Con- 2719, the Fish and Wildlife Service sup- incorporated Boulder County, Colorado, that is generally depicted on the map numbered 3, gress, the Fish and Wildlife Service, in ported the bill’s intent to provide ap- entitled ‘‘Sugarloaf Fire Protection District October of 2010, offered two public propriate public access on Rattlesnake Proposed Land Exchange’’, and dated No- tours for selected individuals, and then Mountain that gives due consideration vember 12, 2009. suddenly reneged on the offer just days to all stakeholders, including the Yak- (5) SECRETARY.—The term ‘‘Secretary’’ before the tours were to occur without ima tribe. means the Secretary of Agriculture. any explanation. During a recent com- I commend Chairman HASTINGS from SEC. 3. LAND EXCHANGE. mittee hearing on the bill, the Interior Washington for introducing this bill. (a) IN GENERAL.—Subject to the provisions Department’s testimony suggested I yield back the balance of my time. of this Act, if the District offers to convey to the Secretary all right, title, and interest of that the Fish and Wildlife Service sup- Mr. HASTINGS of Washington. Mr. the District in and to the non-Federal land, ports tours of Rattlesnake Mountain, Speaker, I urge my colleagues to sup- and the offer is acceptable to the Secretary— but very carefully didn’t go the extra port this bill, and I yield back the bal- (1) the Secretary shall accept the offer; and step of ensuring that the Service would ance of my time. (2) on receipt of acceptable title to the allow public access to the actual sum- The SPEAKER pro tempore. The non-Federal land, the Secretary shall convey mit. Access to the mountain and access question is on the motion offered by to the District all right, title, and interest of to the summit are two entirely dif- the gentleman from Washington (Mr. the United States in and to the Federal land. (b) APPLICABLE LAW.—Section 206 of the ferent matters. HASTINGS) that the House suspend the Federal Land Policy and Management Act of To put it bluntly, Mr. Speaker, the rules and pass the bill, H.R. 2719. 1976 (43 U.S.C. 1716) shall apply to the land Service has had more than 10 years, The question was taken. exchange authorized under subsection (a), and they say it will take several more The SPEAKER pro tempore. In the except that— before they can determine if it will opinion of the Chair, two-thirds being (1) the Secretary may accept a cash equali- allow the American people to have ac- in the affirmative, the ayes have it. zation payment in excess of 25 percent of the cess to this portion of the monument. Mr. HASTINGS of Washington. Mr. value of the Federal land; and Speaker, I object to the vote on the (2) as a condition of the land exchange That is why this bill is so necessary to under subsection (a), the District shall— guarantee public access by law and to ground that a quorum is not present (A) pay each cost relating to any land sur- do so in a very timely manner. and make the point of order that a veys and appraisals of the Federal land and Mr. Speaker, I might add the tallest quorum is not present. non-Federal land; and mountain in Washington State is The SPEAKER pro tempore. Pursu- (B) enter into an agreement with the Sec- Mount Rainier at 14,410 feet. People ant to clause 8 of rule XX, further pro- retary that allocates any other administra- have access up to that under certain ceedings on this question will be post- tive costs between the Secretary and the conditions. This is a mountain that has poned. District. The point of no quorum is considered (c) ADDITIONAL TERMS AND CONDITIONS.— no trees; it’s 3,600 feet. There’s no rea- The land exchange under subsection (a) shall son why people shouldn’t have access. withdrawn. be subject to— And to that extent, the legislation is f (1) valid existing rights; and supported by the Tri-Cities Develop- SUGAR LOAF FIRE PROTECTION (2) any terms and conditions that the Sec- retary may require. ment Council, the Board of Benton DISTRICT LAND EXCHANGE ACT County Commissioners in which Rat- (d) TIME FOR COMPLETION OF LAND EX- OF 2011 CHANGE.—It is the intent of Congress that tlesnake Mountain is located, the Tri- the land exchange under subsection (a) shall Cities Regional Chamber of Commerce, Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules be completed not later than 1 year after the the Tri-Cities Visitor and Convention date of enactment of this Act. Bureau, and the Back Country Horse- and pass the bill (S. 278) to provide for (e) AUTHORITY OF SECRETARY TO CONDUCT men of Washington. the exchange of certain land located in SALE OF FEDERAL LAND.— The American people deserve to have the Arapaho-Roosevelt National For- (1) IN GENERAL.—In accordance with para- access to public lands, including Rat- ests in the State of Colorado, and for graph (2), if the land exchange under sub- other purposes, as amended. section (a) is not completed by the date that tlesnake Mountain. I ask that the is 1 year after the date of enactment of this House pass this reasonable legislation The Clerk read the title of the bill. The text of the amendment is as fol- Act, the Secretary may offer to sell to the today to help make that possible. District the Federal land. lows: b 1910 (2) VALUE OF FEDERAL LAND.—The Sec- Amendment: retary may offer to sell to the District the I note that the bill was reported by Strike out all after the enacting Federal land for the fair market value of the the Committee on Natural Resources clause and insert: Federal land.

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.090 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8951 (f) DISPOSITION OF PROCEEDS.— ably reported the House version of this Forest Service land through a special (1) IN GENERAL.—The Secretary shall de- bill, H.R. 643, and if we pass this bill, use permit. Three years later a second posit in the fund established under Public the bill will go to the President’s desk. building was constructed, another spe- Law 90–171 (commonly known as the ‘‘Sisk With that, I urge adoption of the cial use permit, both in important lo- Act’’) (16 U.S.C. 484a) any amount received by the Secretary as the result of— measure and reserve the balance of my cations for accessibility on the few (A) any cash equalization payment made time. main roads that serve this moun- under subsection (b); and Mr. SABLAN. Mr. Speaker, I yield tainous area. (B) any sale carried out under subsection myself such time as I may consume. This bill will exchange the small (e). Since 1967 the Forest Service has amount of Federal land on which these (2) USE OF PROCEEDS.—Amounts deposited issued two special use permits to the facilities exist with private land that’s under paragraph (1) shall be available to the Sugar Loaf Fire Protection District to been purchased by the Fire District for Secretary, without further appropriation and own and operate two fire stations on this transfer, land that’s better suited until expended, for the acquisition of land or National Forest System land. interests in land in the National Forest Sys- for the scenic and recreational needs of tem. The District would like to own the the public lands. It’s a net gain for our (g) MANAGEMENT AND STATUS OF ACQUIRED parcels of land on which the fire sta- Federal Government. LAND.—The non-Federal land acquired by the tions sit in order to build an area for While the U.S. Forest Service and Secretary under this section shall be— firefighter training and bathroom fa- these special use permits have been (1) added to, and administered as part of, cilities. The land exchange authorized greatly appreciated over the 40-year the National Forest; and in this legislation will assist the Fire history, it’s important that the Fire (2) managed by the Secretary in accord- District in its mission and is in the District has the autonomy to direct its ance with— public interest. I support passage of future, modernize its facilities, build (A) the Act of March 1, 1911 (commonly known as the ‘‘Weeks Law’’) (16 U.S.C. 480 et this measure. basic amenities like running water and seq.); and Mr. Speaker, the gentleman from restrooms. And their location on public (B) any laws (including regulations) appli- Colorado, Congressman POLIS, spon- land has precluded them from making cable to the National Forest. sored the House companion to this leg- these modernizations, which we need to (h) REVOCATION OF ORDERS; WITHDRAWAL.— islation, H.R. 643. I commend Congress- better protect both our wildlands and (1) REVOCATION OF ORDERS.—Any public man POLIS for his work on this bill and residential areas. order withdrawing the Federal land from wish to yield him such time as he may The surrounding communities have entry, appropriation, or disposal under the consume. grown considerably over the past dec- public land laws is revoked to the extent Mr. POLIS. I thank the gentleman. necessary to permit the conveyance of the ades, and these volunteer fire depart- Federal land to the District. Mr. Speaker, I rise today to provide a ments and the buildings that serve (2) WITHDRAWAL.—On the date of enact- description and some color for this im- them have taken on additional respon- ment of this Act, if not already withdrawn or portant bill, which passed this body sibilities as community meeting cen- segregated from entry and appropriation last session in the 111th Congress with- ters, making it even more critical that under the public land laws (including the out any objection and did not make it we update them to facilitate this role. mining and mineral leasing laws) and the through the Senate last session. Mr. Speaker, I appreciate Chairman Geothermal Steam Act of 1970 (30 U.S.C. 1001 Well, I am proud to say that, since HASTINGS’ and Ranking Member MAR- et seq.), the Federal land is withdrawn until that point, Senate bill 278 has cleared KEY’s efforts in bringing this bill to the the date of the conveyance of the Federal the Senate. It’s the companion to my land to the District. floor, hopefully seeing this bill through bill, H.R. 643. There are some minor to law soon. This bill’s been passed out The SPEAKER pro tempore. Pursu- changes to comply with House rules of both Chambers of Congress now, but ant to the rule, the gentleman from that are going to be sent back to the just hasn’t been able to make it past Washington (Mr. HASTINGS) and the Senate, and we sure hope that, expedi- the finish line within a single Congress gentleman from the Northern Mariana tiously, we can get this bill to Presi- in one form, barely running out of time Islands (Mr. SABLAN) each will control dent Obama’s desk because what we’re in the Senate last year. 20 minutes. trying to accomplish here is very sim- By the House agreeing to take up the The Chair recognizes the gentleman ple and noncontroversial. Senate bill, I’m confident and thankful from Washington. It’s the result of a longtime effort, that this commonsense bill will finally GENERAL LEAVE far too long, by the Sugar Loaf Fire become law. Mr. HASTINGS of Washington. Mr. Protection District in Sugar Loaf, Col- Again, I thank Chairman HASTINGS Speaker, I ask unanimous consent that orado. This Fire Protection District and Ranking Member MARKEY for all Members may have 5 legislative came to national notice for their he- bringing this bill to the floor. I urge a days to revise and extend their re- roic efforts in the Fourmile Canyon ‘‘yes’’ vote on this measure. marks and include extraneous material Fire last year, which, remarkably, Mr. HASTINGS of Washington. Mr. on the bill under consideration. while it led to considerable property Speaker, I yield myself such time as I The SPEAKER pro tempore. Is there damage led to no loss of life, thanks in may consume. objection to the request of the gen- no small part to their heroic efforts. I just note to my friend from Colo- tleman from Washington? Sugar Loaf Fire Protection District rado, he said that the bill passed the There was no objection. and the U.S. Forest Service have al- House last year and the Senate didn’t Mr. HASTINGS of Washington. Mr. ways worked together very closely act on it. I think it’s very good strat- Speaker, I yield myself such time as I since the Fire District was created in egy on his part to take the Senate bill. may consume. 1967. The volunteer first responders at Now we, of course, have to perfect it, S. 278 will exchange approximately 5 the Sugar Loaf Fire Protection Dis- but we’ll send it back and maybe this acres of land between the Forest Serv- trict are the key to both wildland and will be easier for them to act. I cer- ice and the Sugar Loaf Fire Protection residential fires in Boulder County, as tainly hope so. District in Colorado. The District has well as car accidents and health emer- With that, I urge passage of the bill. operated two fire stations on Forest gencies in the communities and public I advise my friend that I am prepared Service land since 1967 but has been un- lands that they so capably serve. to yield back if he yields back. able to install septic services or make However, until this bill becomes law, Mr. SABLAN. Mr. Speaker, I yield other improvements to the fire sta- they’re unable to make any improve- back the balance of my time. tions since it does not own the land. ments to their facility. They can’t even Mr. HASTINGS of Washington. Mr. This bill would correct this issue by add a much-needed restroom facility so Speaker, I again urge adoption of this conveying the lands to the District in that their volunteers can have the bill, and I yield back the balance of my exchange for an inholding it currently same type of plumbing that we can ex- time. owns within the Arapaho-Roosevelt pect in this day and age. The SPEAKER pro tempore. The National Forest, at no cost to the Fed- In its start, again, since 1967, the Fire question is on the motion offered by eral Government. The Committee on District’s physical home was estab- the gentleman from Washington (Mr. Natural Resources has already favor- lished in an existing building on U.S. HASTINGS) that the House suspend the

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.044 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8952 CONGRESSIONAL RECORD — HOUSE December 14, 2011 rules and pass the bill, S. 278, as Sure, it’s workplace violence: it’s terrorism, recognizing the November 5, amended. where they work and it’s violence. But 2009, attack on Fort Hood, Texas, as an The question was taken. we have a concept of what workplace act of radical Islamic terrorism and The SPEAKER pro tempore. In the violence is. And your normal work- jihad. opinion of the Chair, two-thirds being place violence is not preceded by a b 1930 in the affirmative, the ayes have it. shout by the shooter, ‘‘God is great,’’ Mr. HASTINGS of Washington. Mr. in the Arabic language. It’s not pre- Anwar Awlaki connection. Now, Mr. Speaker, I object to the vote on the ceded by discussions by the alleged per- Awlaki is no longer with us. We have ground that a quorum is not present petrator. It’s alleged because he hasn’t taken that boy out. Yet the bottom and make the point of order that a been convicted yet. And we, in a free line is, at the time this happened, they were directly connected. quorum is not present. American world, take the position that This man preached, taught, and en- The SPEAKER pro tempore. Pursu- all are innocent until proven guilty. So ant to clause 8 of rule XX, further pro- couraged violence—Islamic terrorist we will call him the ‘‘alleged’’ shooter. violence: ‘‘Hasan’s presentations to the ceedings on this question will be post- But there’s clear evidence in reports DOD on jihad justification.’’ He would poned. by the Defense Department and by re- argue with his fellow soldiers about the The point of no quorum is considered ports by the news media, reports by justification for having jihad against withdrawn. witnesses on the scene, reports by his the American military. Mr. Hasan was fellow soldiers, reports by folks from f a member of the United States Army. b 1920 Walter Reed Hospital where this Amer- He was a major. He had been serving in ican-trained, military-trained doctor BRIAN A. TERRY MEMORIAL ACT the Medical Corps as a psychiatrist. He worked that he had advocated that the was trained with American taxpayer The SPEAKER pro tempore. The un- American soldier was wrong and that dollars, but he was preaching jihad to finished business is the question on he was contrary, and he spoke and soldiers, and there was lots of evidence. suspending the rules and passing the preached Islamic terrorism. I had a bill, which was included in bill (H.R. 2668) to designate the station So your normal workplace violence, this recent defense bill that we just of the United States Border Patrol lo- that’s not a part of the factor. Yet this passed. It said that this guy was telling cated at 2136 South Naco Highway in is what happened in this case. Senator people that he’d believed in this kind of Bisbee, Arizona, as the ‘‘Brian A. Terry COLLINS on Wednesday blasted the De- thing since medical school. Now he’s a Border Patrol Station.’’ fense Department, and bless her for it, major, serving as a psychiatrist, advis- The Clerk read the title of the bill. for classifying the Fort Hood massacre ing our soldiers. The SPEAKER pro tempore. The as workplace violence and suggested ‘‘Hasan purchased and practiced with question is on the motion offered by political correctness is being placed high-capacity firearms prior to the at- the gentleman from California (Mr. above the security of the Nation’s tack.’’ He went out and he bought fire- DENHAM) that the House suspend the Armed Forces at home. arms. He bought them at a local gun rules and pass the bill. I’ve been talking about this now store. Of the guns that were used in the The question was taken; and (two- since the day after this happened. We killings, one of them was a semiauto- thirds being in the affirmative) the can’t have a world where political cor- matic weapon with a large magazine rules were suspended and the bill was rectness fails to define the criminal capacity. He went out to the firing passed. act. By its very nature, whether we’re range and familiarized himself with A motion to reconsider was laid on talking about military law and the these weapons prior to this incident. the table. criminal relations in military law, You can’t think of this as some guy f we’re just talking about criminal acts who goes postal all of a sudden. This in general, we have to be able to define guy was planning this whole event. He FORT HOOD SHOOTINGS: WORK- them. Just to make the system work shouts, ‘‘God is great’’ in Arabic, be- PLACE VIOLENCE OR TER- we have to be able to define them. fore he starts shooting, but they refer RORISM? But more importantly, we owe a duty to it in the context of the broader The SPEAKER pro tempore. Under and a responsibility to the American threat of workplace violence. I think the Speaker’s announced policy of Jan- soldier to call an event what it is and there is a very good argument that the uary 5, 2011, the gentleman from Texas not try to put a smokescreen over it or evidence shows this was a premeditated (Mr. CARTER) is recognized for 60 min- cloud the issue or in any way worry act on the part of Major Hasan; and I utes as the designee of the majority about the feelings of groups, because believe when this case finally gets to leader. the definition is the definition. This trial that the evidence will be over- Mr. CARTER. Mr. Speaker, 13 adults man identified himself that he was whelming that it was premeditated. and one unborn child were killed and 31 committing this act in the name of At the time of the event, Lieutenant individuals were wounded in a shooting ‘‘God is great’’ in Arabic. He acknowl- General Cone, the III Corps Com- attack at Fort Hood, Texas, on Novem- edged when questioned that it was part mander at Fort Hood, told NBC’s ber 5, 2009. Since that time, the Depart- of his mission. He acknowledged that ‘‘Today’’ show on the Friday after the ment of Defense has taken no steps to he had dealt with terrorist spokesmen shooting that the soldiers who wit- award combat benefits to the casual- in the past and that the concept came nessed the shooting rampage that left ties or even officially recognize the at- from his interaction with Awlaki and 13 people dead reported that the gun- tack as a terrorist incident. others. man shouted, ‘‘Allahu Akbar’’—which The House and Senate have included So this guy is an Islamic terrorist. means ‘‘God is great’’—before opening two reform measures in the NDAA, There’s no other way you can describe fire at the Texas post. which we just passed, while additional this gentleman. The day after, it was being reported attacks have been attempted by simi- But now years after the event as he that he did this. Yet, in the initial re- lar high-profile radical Islamic terror- sits in the Bell County Jail in Belton, port that came out from the Defense ists. It is past time for the government Texas, we continue to have reports Department, the man’s name didn’t to deliver on this act. coming down from our Defense Depart- even appear. The relationship to any Mr. Speaker, here we are almost 3 ment that the folks that are respon- Islamic terrorism was not referenced. years later, and there’s been a recent sible for our soldiers and responsible It was like any major from any outfit report that has come out; and in that for those who died in this incident just wandered in and started shooting report, it references this incident of want to downplay this to be treated as soldiers, like he was having a bad day this slaughter of American troops on an incident of workplace violence with or something. Fort Hood soil in Texas. It references all the white bread connotation that Now we get another comment saying that it shall be taken up as part of that has. To me, we ought to be that we’re going to treat this in the workplace violence. ashamed of ourselves. bigger scope of workplace violence. The Obama regime calls the Fort So let’s look at some of the evidence Certainly, we want to prevent work- Hood shooting ‘‘workplace violence.’’ we have that connects this to Islamic place violence in every workplace, but

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.095 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8953 the connotation is that this is just I see my good friend and colleague he could not be deployed. And if he something that happened. It’s not from Texas, former Judge LOUIE GOH- were deployed, he would have to kill something that just happened because, MERT, has joined me here. American soldiers to avoid having to quite honestly, since that time, others Congressman GOHMERT, I yield such go kill soldiers overseas. have been caught who reportedly were time as you may require. It is interesting because you would trying to imitate this shooter, Mr. Mr. GOHMERT. I thank my friend, think that the military would be con- Hasan. and I appreciate his taking the time to cerned about this issue and that we We introduced a bill, the Fort Hood discuss this matter of national secu- would try to make sure that this inci- Families Benefits Protection Act. It rity. dent that happened at Fort Hood would would award both military and civilian I have the quote directly here from not happen again. You would think casualties of the Ford Hood attack Army Chief of Staff General George W. that when this private showed up on al with combat status to ensure full bene- Casey, Jr., who was the Chief of Staff Jazeera in uniform and told al Jazeera fits and eligibility for the Purple Heart at the time of the Fort Hood attack. basically the same things that Major and other awards and for the civilian He came out and had this prepared Hasan had, that people like General award equivalence to the Secretary of quote to give. Casey would be concerned. But appar- Defense’s Defense of Freedom medal. Mr. CARTER. He was Chief of Staff ently, he was more concerned about Now, why did I ask for that? Because of the Army. our diversity than he was about the there was a precedent for it. When they Mr. GOHMERT. Chief of Staff of the lives of his own soldiers. flew the plane into the Pentagon on 9/ Army. So when you see this private on al 11, this is what was the finding of the Mr. CARTER. Correct. Jazeera—and it’s not hard. You can go Department of Defense—that it was an Mr. GOHMERT. This is a quote that, online and find this on YouTube, his act of terrorism, and therefore they obviously, he and those helping him interview—he spoke in English. But should be treated as combat casualties, had prepared to give in response to 14 the story was done actually in the lan- and those two medals were awarded. people being killed. We know one was guage that al Jazeera prefers, and it’s This didn’t just come off the top of my an unborn child and that one of the not English. He explained basically head. This is what happened with the people was a pregnant woman—a fe- what Major Hasan did. And this is a first terrorist attack in our country male soldier. So here is the quote that line from al Jazeera, ‘‘I can’t both de- and with the second or third or what- they had prepared after 13 of his sol- ploy and be a Muslim.’’ And we have ever attack this one was. diers lay either dying or dead at Fort the transcript of what he said, the When this man walked into that Hood: transcript of the story. But basically, room, there were people in civilian ‘‘I’m concerned that this increased he was letting people like General garb, and there were people in uniform. speculation could cause a backlash Casey, that would bother to worry He went out of his way to shoot the against some of our Muslim soldiers about the—well, not General Casey, be- people in uniform. The civilians who . . . Our diversity, not only in our cause he is worried about diversity, were injured were injured because of Army but in our country, is a strength; and the safety of his soldiers is sec- misfire or misdirection. As he walked and as horrific as this tragedy was, if ondary to that. But for those who are down that line, his target was all of our diversity becomes a casualty, I concerned, number one, about the safe- those soldiers who were doing nothing think that’s worse.’’ ty of those in this country and making more than either coming back from sure that their own soldiers are tanta- b 1940 being off post and out of the country— mount, in their minds, they would be or wherever they’d been—or preparing This is a general who is charged with concerned when you have another sol- for their next duty stations, wherever leading soldiers and directing soldiers dier saying the same things Major they may be going—Iraq or Afghani- in war and in battle with an avowed Hasan did before the killing spree. stan. They were being processed and enemy. Well, we have an enemy who So we know that there are people in they were in this big room. He walked has sworn to be at war with us. And our special ops, in our military that down the line, shooting everybody in one of those enemies was Major Hasan noted this, that saw this, that said, uniform. at Fort Hood, who went off on a shoot- This is a guy we had better watch. But Now, when you’re killing our combat ing spree. because the people at the top are more soldiers and when you’re crying out Now unfortunately, our leaders did concerned about diversity than they slogans of the jihad terrorists, why not bother to monitor the security of are about our soldiers’ safety—I mean, wouldn’t you think it’s a terrorist at- our own soldiers, such that when Major it’s bad enough that they put their tack, and why shouldn’t these people Hasan made actual pronouncements in lives on the line. They’re willing to do who died in the line of duty be treated advance that he could not be deployed that in combat. But you would think like those at the Pentagon who died in and be a Muslim because, in his inter- that there would be more concern for the line of duty? pretation of the Koran—thankfully it’s their own safety in their own units. In fact, except for what we were able not all of our Muslim soldiers in the Nothing was done about this private. to put together in circumstantial evi- U.S. military that have this interpreta- And despite this Justice Department dence after the fact, at the time of the tion—but his interpretation was that trying to vilify gun dealers whom it incident, we had no idea who flew that he could not be deployed because that forced into making sales to criminals plane into the Pentagon. We just made might require him to kill Muslims in a who carry guns across the border, and an educated guess. In this case, before foreign country without cause. despite the efforts that were made to this shooting started, the guy identi- And under the belief of some Mus- maybe—and in fact, names were pro- fied himself and what his mission was. lims, like Major Hasan, if he were to duced, pictures were produced of gun For some reason, in this world of po- kill a Muslim without cause—for exam- dealers out of the Fast and the Furious litical correctness, someone has the ple, in his way of thinking, it is appro- program—despite that, it was not Gen- idea that this is good for the morale of priate cause, say, if a Muslim were to eral Casey, not one of his subordinates, our military soldiers or that it’s good become a Christian, then that is a not one of our own people in the mili- for something as, I think, the Chief of cause, in his mind, worthy of killing tary that reported this guy. No. Noth- Staff said when this happened: Oh, this the individual, if they committed this ing was done, even though they knew is sure going to hurt our Islamic out- horrible crime, in his mind, according he was ready to pull a Major Hasan, he reach program. to the Koran, of becoming a Christian. could not be deployed, nothing was Whether it’s good for that or not, I That’s worth killing them for. But done. And it was not until he went to hold nothing against the Islamic people since he couldn’t be sure that in a for- a gun dealer. The gun dealer became nor does anybody at Fort Hood; but we eign country in a battle with Muslims suspicious. The gun dealer reported hold a lot against Islamic terrorists that he might not be required to shoot him. Thank God for Americans like who kill soldiers, and the Department someone who had not committed apos- that gun dealer who realized, We’ve got of Defense should have the guts to step tasy and not committed some act that our own soldiers’ lives at stake here. up and to stand up for these soldiers. justified murder under the Koran, then He reported him.

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.097 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8954 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Then locally he was dealt with and and patriotic Muslim Americans who tremist at Fort Hood, if these same interdiction occurred, and he was not are helping our soldiers understand the people in charge today had been in given the chance to kill the soldiers he nature, the language, the concepts, ev- charge on December 7, 1941, then there wanted to, again at Fort Hood. Because erything that they might be facing as is nothing to indicate their reasoning if it weren’t for the gun dealer and they interact with Muslim civilians would have been different. All of those those intervening—not the military, over in Iraq. And they do it in con- soldiers killed at Pearl Harbor, those not our intelligence, who surely mon- structed villages. entombed in the Arizona, those killed itor al Jazeera and would surely note a I met a guy who was a former cab in that horrific surprise attack, actu- soldier in uniform with the screaming driver from Chicago who said, Man, ally they were at their duty stations. eagle patch on his arm, and that this is I’ve come up in the world; I’m now They were at work and someone came something we need to worry about. mayor of this town, because he was ne- and killed them. Therefore, apparently But because we have become so po- gotiating with a mayor and city coun- under the reasoning as applied at Fort litically correct, to the detriment and cilman for our soldiers as they came Hood, those killed at Pearl Harbor death of our own soldiers, nothing was into the National Training Center. could also be considered as having been done from intelligence, from State, These people are patriots. They are liv- killed in workplace violence. It was from Justice. It took a local gun dealer ing out in the desert just to help our violent. It was their workplace. There- to protect our soldiers at Fort Hood. soldiers understand. fore, our mental geniuses that decided And you wonder how many more times I’m not anti those folks, but you Fort Hood was workplace violence this is going to have to happen. can’t have a world where you refuse to could say that about Pearl Harbor. Heck, this soldier—you can go on identify evil, and this is what you do Mr. CARTER. Don’t you wonder have Facebook, and you can find that he when political correctness overcomes we changed so much since the attack notes his activities and interests. the truth. on Pearl Harbor that we don’t recog- CAIR, the Council on American-Is- Janet Napolitano personally testi- nize an enemy attack on us and we just lamic Relations. CAIR is named in the fied: Violent Islamic terrorism was want to stick our head in the sand and Holy Land Foundation trial as a cocon- part and parcel of the Fort Hood act like it didn’t happen? spirator. There was evidence produced killings, Homeland Security Napoli- Here’s an interesting report from that showed that CAIR was also fund- tano said on February 24, 2010, about 3 Time magazine. They are asking the ing terrorism, funding Hamas, partici- months after the event, 4 months after question, and they state: The U.S. mili- pating in that venture with the Holy the event, in a Senate Homeland Secu- tary just released a report—this is that Land Foundation, as found by the Fifth rity Committee. She testified—accu- first report—not once mentioning Circuit when they refused to eliminate rately—and I praise her for it, that this Major Hasan’s name or even discussing CAIR’s name from their pleadings. He was a terrorist act. whether the killings had anything to identifies CAIR as one of his interests And yet we continue to have from do with his Muslim faith. The fort ig- and activities. And our intelligence, the Department of Defense the soft- nores the elephant in the room. our military, they didn’t pick up on soaping of this whole issue and the dis- That’s what I said. And it’s true. It that. Why? Because that would be po- guising of this whole issue. And now does ignore the elephant in the room. If litically incorrect and might hurt our with their statement that they are before the first bullet is fired, a man diversity. going to deal with it as they would deal shouts, Allahu Akhbar, that elephant We’ve got outstanding Muslim sol- with any workplace violence, you is in the room. And all of the cover-up diers serving in our military who love know, it just never stops. and all of the writing of the reports and care about this country, like all The shoe bomber, the Christmas fol- with reference to typical workforce vi- other soldiers. But it is insane and I be- lowing this incident, the shoe bomber olence, or treat it as workforce vio- lieve a violation of the commitment who did exactly what Major Hasan did, lence, it doesn’t make sense. It was an and oath that every officer takes—like reading back what the press reported, attack on American soldiers in uni- I did when I went in the military—not acted erratically before his attack, form. to keep your eyes open and protect promoted radical Islamic views, and I yield to the gentleman. those people who are put to your serv- exchanged emails with Awlaki in Mr. GOHMERT. With regard to that ice as your charges. Yemen. He did all of those things. And very issue, we know that in the 9/11 So here he is, Nasser Abdo. He went when caught, referenced Major Hasan Commission there were hundreds of on al Jazeera. He makes it clear, he as one of his heroes. He got caught be- mentions of Islam, jihad, all of these may have to kill American soldiers. He fore he blew up an airplane. Praise type things that we know were in- cannot allow himself to be deployed as God. Thank goodness. volved. And again, we thank God that a Muslim. He requested conscientious So, you know, over 3 years since the the vast majority of Muslims love this objector status. And all we can do is incident, the Defense Department is country like we do. They are not about thank God for the gun dealer that did still taking the position that this to kill Christians, Jews; but there are what his superiors should have done in should be treated as normal workforce those in the radical element that be- this case. It’s time to end political cor- violence or something to that effect. lieve otherwise. And we ought to be rectness when it costs the lives of I yield to the gentleman. able to talk about it. We now know those protecting us. Mr. GOHMERT. I think it is particu- that this administration has seen to I thank my friend for yielding. larly interesting that this determina- such a purging of our training material Mr. CARTER. When you read the re- tion by the Army came, or our military for Defense Department, Intelligence, ports on Major Hasan, he was acting leaders, came here in December. We State, that in the current lexicon from erratically. In the months before the just observed—it wasn’t a celebration— which the FBI, our intelligence folks attack, he promoted radical Islamic we observed the anniversary of Pearl are trained, there are zero mentions of views while at Walter Reed Hospital. Harbor. As Judge CARTER pointed out Islam, zero mentions of jihad, zero He exchanged email with Anwar al- numerous times, the victims of the 9/11 mentions of the very things that cre- Awlaki, a Yemeni cleric with terrorist attack on the Pentagon have been rec- ated the worst attack on American soil ties. All of those references also per- ognized as victims of warfare. They in American history. tained to the soldiers you were talking were attacked by people of the same As one of our own officers told me: about right there. It is all part of a belief as Major Hasan, that he secures We have been blinded in this war with network. a place in paradise if he is killed while those using terrorism. We’re not al- killing infidels like his soldier friends. lowed to see our enemy. We’re not al- b 1950 In fact, those soldiers that he was lowed to describe our enemy. We’re not Now, is every Muslim that is in- also hired to counsel as a counselor at allowed to talk about who the real volved in the United States military Fort Hood, a local imam for Fort Hood, enemy is. We’re just expected to pro- involved in this? Absolutely not. I went and yet one cannot help but wonder if tect America with our eyes closed and to the National Training Center in these same folks who declared the our mouths shut. That’s no way to pro- California, and I met loyal, truly loyal deaths at the hands of a Muslim ex- tect America.

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.099 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8955 Mr. CARTER. This exhibit here is us here talking about this issue, actu- witnesses than you could put on a from the San Francisco Chronicle: Po- ally originated with the Organization stand. I mean, this is not going to be a litical Correctness on Fort Hood at the of Islamic Conference, the OIC. They hard case to prove because, fortu- Pentagon. Political correctness is alive came up with the terms nately, he didn’t kill everybody in the in the Pentagon. Witness the pro- ‘‘Islamophobia’’ and ‘‘Islamophobe,’’ room. In fact, he left an awful lot of tecting the force lessons from Fort and there is an ongoing effort to brand witnesses there to testify. Hood. A Department of Defense report anybody who attempts to identify He is just lucky he didn’t get killed released last week on the November 5 those by their beliefs who have gone in an active shooter program that our shooting, if the report’s purpose was to about killing Americans, terrorizing two police officers used to respond ef- craft lessons to prevent future attacks, Americans as an Islamophobe or as fectively to his slaughter. how could they leave out radical having Islamophobia. Mr. GOHMERT. If the gentleman Islam? Ignoring Hasan’s pro-terrorist We know that there are places like would yield. Web postings, the report instead fo- Harvard where a professor from India Mr. CARTER. I yield to the gen- cuses on workplace violence programs who wrote an article about the attacks tleman. to prevent workplace violence such as that are ongoing on his homeland in Mr. GOHMERT. Well, my friend the the post office’s Going Postal program India by Muslim extremists and how judge indicates he was lucky, unfortu- and the stress imposed on military that should be dealt with, he was fired nately, in his perverted way of think- health care providers. because Islamic activists at Harvard do ing. That also is a way of thinking that not believe we should have free speech confounded Thomas Jefferson when he b 2000 anymore. And as I mentioned on this was negotiating with the Islamic Bar- The whole point of that San Fran- floor earlier this week, one of the 2005 bary pirates. cisco Chronicle article is to point out, 10-year goals of the Muslim Brother- He actually believed he would have I think, the irony of what we are teach- hood here in America is to subvert our gone to paradise and had dozens of vir- ing our soldiers to protect them from Constitution to sharia law by 2015. gins at his disposal if he had been events like this and what we are ex- That effort is ongoing. killed, so he doesn’t necessarily think cluding from the evidence. And I think And when they continue to brand of himself as lucky. Nor would those in that’s blatantly not in the best inter- professors, soldiers, and intelligence of- Iran, once a nuclear weapon or nuclear ests of the soldier. ficers as Islamophobes and that we weapons are assuredly procured, be any Mr. GOHMERT. Will the gentleman need laws to prevent people from de- different. They would believe, if they yield? scribing radical jihadists who want to were to go up with the nuclear weapon Mr. CARTER. Yes. kill our own American people, as long that they carried into some place Mr. GOHMERT. There is an article as that’s being done and that’s being where lots of Americans were or dated February 9, 2010, in The Wash- allowed, then our First Amendment Israelis were, then they would be as- ington Times by Bill Gertz that says, rights are being subverted to sharia sured of instantly being transported to the Army was warned about the law, and we’re well on our way to their paradise. Some of us have a different jihadist threat in ’08. It says: meeting their 2015 goal as more and view of what they would find when Almost 2 years before the deadly Fort more good folks have been won over they meet their Maker after this life, Hood shooting by a radicalized Muslim offi- into this idea, this thought, that, gee, and I think they’re going to be terribly cer, the U.S. Army was explicitly warned if you say anything about radical surprised. that jihadism—Islamic holy war—was a seri- ous problem and threat to personnel in the jihadists and radical Islamists, you’re But our job and our oath is to our U.S., according to participants at a major the sick one and you need to be Constitution. It’s to provide for the Army-sponsored conference. stopped. common defense against all enemies, It references Patrick Poole, Army This is an ongoing effort around the foreign and domestic. And when some- Lieutenant Colonel Joseph Myers, and world, and we cannot allow it to over- one presents this kind of danger to our Terri Wonder as individuals that par- take America. We should be able to troops, it is just unfathomable that our ticipated. It says: recognize those wonderful, patriotic military leaders would become so po- Muslims in America for who they are, The shooting at a recruiting center in Lit- litically correct and so militarily tle Rock, Arkansas, in June and the Novem- but we should also be able to recognize neutered that they would not stand up ber shooting at Fort Hood, Texas, that killed and talk about those who want to kill for their own troops, for those whose 13 people have exposed the problem of the us and destroy our way of life for who care has been put under their service Army’s deficiencies in understanding the na- they are. They’re radical Islamic and attention. ture of the domestic Islamic terrorist threat, jihadists. I thank my friend for yielding. Mr. Poole said. Mr. CARTER. I thank the gentleman. The incidents have raised questions about You just referenced in your poster b 2010 whether the Army made any effort to and showed us a picture of Mr. Abdo, Mr. CARTER. Mr. GOHMERT, let me ‘‘operationalize’’ the threat warnings from the man that was saying he couldn’t go read to you a resolution, H. Res. 495, the 2008 conference and develop policies to which I dropped yesterday. It’s a reso- counter the threats. ‘‘The answer quite to war. That was back on July 28, 2011, clearly is no,’’ Mr. Poole said. after the workplace violence. Another lution recognizing the November 5, 2009, attack on Fort Hood, Texas, as an And then it goes on to discuss this soldier made the same claim, and Abdo act of radical Islamic terrorism and whole problem, and Mr. Poole said: was also referenced in this story. More and more of these folks are jihad: I noted because of our lack of under- stepping up and saying they can’t be Whereas the United States Army Major standing of Islamic doctrines, Islamic jihad Nidal Hasan is reported to have commu- and my view that our counterintelligence deployed because they are Muslim and nicated on multiple occasions with radical function is broken, outdated, being usurped can’t kill Muslims, and they reference Islamic terrorist, Anwar al-Awlaki, on the in some cases by public affairs and equal op- Hasan, this man who is sitting in the topic of justifying jihad on the United States portunity officials, we were going to get sol- Bell County jail awaiting trial prob- and its Armed Forces; diers killed in America on our own bases for ably this spring and is, I understand it, Whereas Major Hasan delivered addresses that professional ignorance. awaiting trial on a death penalty case, to the Department of Defense personnel con- This is the kind of thing that should a potential death penalty case. cerning the justification of jihad against the not be happening. This article was in Everybody knew what it was when United States Armed Forces; 2010, before at least two other individ- they attacked the Pentagon. What hap- Whereas Major Hasan is reported to have uals had gone on Al Jazeera in uniform pened to us that we decided when, in planned and trained for an attack on un- blasting our military and indicating front of 50 witnesses, somebody shoots armed members of the United States Armed they could not ever be deployed in a a bunch of people and we can’t recog- Forces at Fort Hood, Texas, with the specific intent to kill and injure those troops before Muslim area. nize what that was? This was a surprise the deployment to overseas theaters of war; It’s also worth noting that the term attack like Pearl Harbor. That was a Whereas Major Hasan is reported to have ‘‘Islamophobe,’’ that I’m sure is being premeditated murder like you and I declared his attack to be an act of jihad in generated right now about the two of have dealt with in the past with more defense of Islam, shouting ‘‘God is great’’ in

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.101 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8956 CONGRESSIONAL RECORD — HOUSE December 14, 2011 Arabic while gunning down unarmed mili- ementary school while he’s going And it has absolutely nothing to do tary personnel and civilians; through a routine act of filling out pa- with the Muslim religion. If he was a Whereas Major Hasan is currently charged perwork in the Army? Baptist and was shouting Baptist slo- with murder of 13 and attempted murder of And then what do we tell that parent 32 United States citizens during that attack; gans as his reason for shooting some- And whereas the Department of Defense when later we find out that a report body, we ought to call him a Baptist. submitted correspondence to the United has come out from the government This is a tragedy. It’s a terrible trag- States Senate Committee on Homeland Se- saying ‘‘routine workforce violence’’? edy because these were soldiers, all of curity which referred to the violent Islamic Come on, come on. What’s wrong with whom had been willing to go in harm’s extremist attack on Fort Hood, Texas, in the this? I think it’s just tragic. way on behalf of our country, and most context of a broader threat of workplace vio- I introduced a bill that just said, of whom had gone into harm’s way on lence: Now, therefore, be it look, acknowledge it for what it is. behalf of our country and suffered Resolved, that the House of Representatives Nothing will draw disrespect for the recognizes the attack on Fort Hood, Texas, through that miserable weather and as an act of radical Islamic terrorism and Purple Heart, or others who are wound- those dark lonely nights, and all the jihad against the United States Armed ed in combat in a combat theater, to other things that soldiers suffer Forces. just acknowledge that these innocent through when they’re addressing ter- people got attacked on their way to I have submitted this to the House, rorism around the world. and I’m going to be seeking support for their next deployment, or on their way b 2020 this resolution. back from their last deployment, on I wonder sometimes what our Fore- our soil, on our military base, in our I say around the world because we’ve fathers would think of how far we’ve State of Texas. Can we at least give still got plenty of places we’re address- gone out of kilter in recognizing who’s them the respect to acknowledge that ing terrorism, not just Iraq and Af- our friend and who’s our enemy, or how they’re part of the war effort, that this ghanistan. To have us be willing to we are so concerned about what the guy shot them because we are at war soft-pedal what happened to them is an speak police or the voice police would with terrorists? Give them combat American tragedy, and I’m going to say to us about some language we use credit. Give them the honor and re- continue to talk about it. that we would be willing to put those spect that comes from that. But we’re Mr. Speaker, I yield back the balance men and women who wear the uniform still not able to get that done. of my time. We’re going to keep trying. I have of our armed services at risk rather people call me from all over the coun- f than make a statement that might of- try and say, how are we doing? You JOBS FOR AMERICANS fend somebody. I think our grandparents would look know, my kid at least ought to get a The SPEAKER pro tempore. Under at this country and say, what hap- Purple Heart. My daughter ought to the Speaker’s announced policy of Jan- pened, what happened to the United get a Purple Heart for the wound she uary 5, 2011, the gentleman from Cali- received, and now she’s debilitated and States of America that I fought for in fornia (Mr. GARAMENDI) is recognized has to go out of the Army. My son, World War II or Korea or Vietnam? for 60 minutes as the designee of the who’s going through constant therapy When did it become evil for Americans minority leader. for his head wound, he ought to be rec- to speak the truth? Why would people Mr. GARAMENDI. Mr. Speaker, ognized by the Army for what hap- who have four stars on their shoulder, thank you for the opportunity this pened to him, the reality of what hap- who we highly respect as leaders of our evening. I’m joined by my colleague pened to him. from Ohio, MARCY KAPTUR. armed services, tolerate being in- And so we won’t make the easy ac- structed in this concept of political I want to thank our colleague from knowledgement that these folks were Texas for the explanation he gave correctness and be treating this as if it in combat. And the only reason they about the tragedy at Fort Hood. It was, were an ordinary incident of workforce didn’t fight this guy is because they indeed, an American tragedy, as were violence? How do we justify that? were not armed. And the reason they other acts of violence against this Where is the common sense in this ef- were not armed is because you’re not country, both within the country and fort? We’re worried about hurting supposed to be armed on post. This guy around the world. other people’s feelings, and other peo- attacks them. If they would have been No doubt that there is radical Islam, ple are killing us. I mean, this doesn’t armed, it would have been over when no doubt that it is killing, not only make any sense. the first bullet fired. These are combat Americans, but others around the And most of all, let’s not forget—be- veterans. cause I attended the funeral of one of But no, we are very strict—oh, we’re world. And it is part of our task to find the civilians. I have met with some of now going to change this designation an appropriate way to deal with it. It’s the wives and children of these dead the Army has or that designation the also part of our task to appropriately combat soldiers and talked to the par- Army has. But we aren’t going to call recognize the tremendous sacrifice ents that looked me in the eye and this guy a terrorist. Don’t mention the made by our soldiers, both here, as in said, how do I figure this out? My kid word ‘‘Islamic.’’ Don’t recognize his re- the Fort Hood incident, and certainly was there to be deployed for the fourth lationship with an Islamic terrorist. Ig- in Iraq and Afghanistan. time. He stood in harm’s way for our nore all that evidence, ignore the testi- Today marks a very, very special day country 3 years already, and he goes mony of 50-some-odd witnesses and say in American history. It is the end of over to the deployment center for a we will treat it within the concept of one of the great American tragedies, routine matter dealing with paperwork workforce violence. What does that say and that is the war in Iraq. No matter and he gets attacked and killed in to the wife or husband of that soldier, how we may think of this today, I Texas, just right down the street from or the father or mother of that soldier, think we can be very confident that where he lives. And his children and his or the brother and sister of that soldier this war of choice was, indeed, a very wife are without a brave American sol- that was killed or wounded with a de- bad choice. More than 4,000 Americans dier who had proven his worth in com- bilitating wound—many of which are have been killed in this war, and per- bat in three deployments already. still struggling with their wounds, just haps several times that number in- This is something that his parent sits like they do in combat. jured. there and says, how could anything Yet we conveniently define things in Physical injuries, we often see them like this ever happen? I mean, I know that situation, but refuse to define the just off the floor as these men and to be praying every day for my child act that caused the situation. This just women return from their medical when he’s in combat. This is the profes- is not right. That’s why I’m very grate- treatment at the Bethesda hospital, sion he has chosen; I respect it. I fear ful my friend Mr. GOHMERT and I came and we mourn their physical loss. for him; I worry about him. I want to down here to talk about this. This is The mental problems that our vet- make sure—he or she, because our la- all about trying to just set the record erans have incurred after multiple de- dies are fighting just like our men. And straight. You know, let’s call it like we ployments in Iraq will go on for years, now I get the word that my son is see it, and let’s don’t think we have to as will the physical injuries. Post-trau- killed down the street from his kid’s el- protect anybody. matic stress syndrome is a major,

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.104 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8957 major problem among the thousands of we can do that. And our ‘‘Make It in well. But it’s not sufficient because, as veterans, hundreds of thousands of vet- America’’ agenda by the Democratic I understand it, the tax credit will erans that have returned. These are Party here in Congress is taking root. yield about 40,000 openings around the issues that we must deal with. And tonight we’re going to talk about country; 40,000 companies will hire And as we mark, today, the final many parts of that. maybe one worker, or however it will withdrawal of American troops from Joining me is MARCY KAPTUR from ultimately transpire, but we have a Iraq, our heart, our compassion, and Ohio, which once and will be the heart need to reinvest in America. indeed our actions go out to those vet- of the American manufacturing sector. The most important factor in rein- erans who have served this Nation in I know you have many pieces of legis- vestment is for our banks to have con- this war. Whatever we may think of lation, and I know your intense passion fidence and our people to have con- the war, we must always think well on rebuilding the manufacturing sector fidence that there’s going to be sta- and appropriately of these soldiers, in America. So let’s talk about some of bility for people in our economy. I men and women, multiple tours, Na- the things that are going on here in think our party wrangling really works tional Guard, the Reserves, and the ac- Congress and what we can do. against that. tive Army and Navy and Air Force and Ms. KAPTUR. I want to thank Con- Wouldn’t you agree, Congressman? Marines, all serving this country. gressman GARAMENDI for, again, bring- Mr. GARAMENDI. It really does, if I Many things have happened here on ing us together to discuss the most im- might take a moment here. You raised one of the very important the floor to deal with those issues that portant issue on the minds of the points. I know later in this discussion they have incurred. Just 2 weeks ago American people, and that is healing you’re going to take this up in much we passed major pieces of legislation the economy here at home and pro- more detail. But it’s very, very clear that are a followup to earlier pieces of ducing a sufficient number of jobs to that the financial sector, in their rush legislation for the veterans. The Demo- employ all Americans who want to for profit, created the housing bubble. cratic Congress, in 2009 and ‘10, enacted work. Didn’t do it all by themselves. There the most far-reaching veterans benefits And I join the Congressman’s com- was plenty of greed on the part of cer- since the end of World War II. A new GI ments about our veterans, veterans tain people that bought houses, and the bill is in place. Job opportunities and who have served our country so brave- real estate community was involved in training are in place. Enhancement of ly, a great sense of self-sacrifice and that, the mortgage community. the medical services through the Vet- national sacrifice. We thank them, par- But here we are after bailing out erans Administration and many other ticularly during this holiday season, Wall Street. What is Wall Street doing that were culminated last week—wrong their families, their children, their rel- to bail out Main Street? Not much. word. Not culminated, but added to atives, their friends, their commu- I heard a discussion earlier today last week with the legislation that pro- nities, all their employers, all of those from a banker that said, Oh, we’re vides a very strong incentive for em- who understand what this requires. making all kinds of SBA loans. Yes, ployers to hire unemployed veterans. And I wanted to just mention that, in that’s guaranteed. Those are loans The unemployment rate for veterans connecting our veterans coming home guaranteed by the Federal Govern- is generally twice as high as the aver- to the employment question, it’s a very ment. But what risks are they taking? age American unemployment rate. serious challenge that we face because, We passed the Dodd-Frank language, Those benefits go to the employer, re- even in a State like Ohio, currently, of which was designed to rein in Wall ducing their taxes by $2,600 for every all those who remain unemployed in Street. Good. Very good. As strong as I veteran they hire. If they hire a long- Ohio, and there are many, 52,000 are would like? No. I would go back and term unemployed veteran, it’ll be veterans, already. And it was correct, I put in place the Glass-Steagall Act. I $5,600, and if it happens to be one of the think, for President Obama, in going to was the insurance commissioner before disabled veterans, perhaps one that we visit with our veterans and active mili- the Glass-Steagall Act disappeared, often see outside this Chamber, then tary at this holiday season, that one of and insurance was over here and banks it’s a $9,600 reduction in the taxes for the issues that came up repeatedly were over there and investment bank- that employer. We hope employers all was, well, with our veterans coming ing was separate. So that the kind of across this Nation hear this and reach home, where are they going to work problem that existed in 2000 where the out to the veterans in their community with so many unemployed already? banks went berserk and crazy in greed and give them a job. And to give an example, in Ohio and creating all of these CDOs and other The rest of the time we have tonight many other parts of the country, for kinds of really fake instruments, they I’d like to talk about jobs for Ameri- every job that exists, 100 people apply couldn’t do it. But nonetheless, the cans. As much as we may want to or more. And even if we filled every job Dodd-Frank is there. Our Republican think about the wars, and today we that exists, we would have millions of colleagues are refusing to fund the im- did, we passed the Defense Authoriza- Americans still out of work. plementation of that program, putting tion Act, we have to also think about And yet, we have huge, unmet na- all of us at risk once again. Americans here at home that need a tional needs, and that’s why making I want to go back to the manufac- job. We’ve been working for some time decisions here, both on the tax side and turing sector and some of the issues on a program that we call ‘‘Make It in the spending side, to get our economic that arise there, and particularly the America,’’ a rebuilding of the strength house in order and to rein in the abuses unemployment rate in your commu- of the American manufacturing indus- in the financial sector on Wall Street nities. try. that have caused such damage here and Now, we have to reauthorize the un- Over the last 20 years, we have seen a abroad, is absolutely critical for us to employment insurance program; other- rapid decline in the manufacturing deal with and to keep those at the top wise, is it 3.3 million Americans are base of America because that’s where of our priority list. going to lose their unemployment in- the middle class found its place. That’s I think Congressman GARAMENDI and surance in the first of the year? And where the middle class found their op- I agree that some of the partisan wran- when you have such high unemploy- portunity to use the skills, whatever gling here is really so nonproductive. ment as you do in your communities, training they may have, whatever edu- And if you want to put the country what are they going to do? How are cation they may have, and get a good, back to work, that’s what the debate they going to feed their families, pay solid job that would support a family. should be about. We should have job their mortgages? And when you pro- Twenty million Americans were em- thermometers here showing how well vide an unemployment check, it imme- ployed in manufacturing 20 years ago. we’re doing and how fast we are help- diately goes into the economy and cre- Today, it is just over 11 million, almost ing to grow this economy. ates $1.6 for every dollar of the check. a 50 percent decline. And I know you see this in yours, and We can’t let this continue. We cannot b 2030 you’ve talked to me about the unem- allow the outsourcing of American So as with Congressman GARAMENDI’s ployment and the way in which the jobs. We have to bring those jobs back support of the veterans tax credit for cessation of the unemployment insur- home, and there are many ways that hiring, I obviously support that as ance would just devastate people here

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.106 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8958 CONGRESSIONAL RECORD — HOUSE December 14, 2011 at holiday season. So share with us He also made the suggestion that we have to sacrifice in order to pay down what you were sharing, just this, ear- continue the payroll tax reduction, our long-term debt and that when we lier in the week when we were talking which was 2 percent, that is from 51⁄2 make public decisions that we help our about this issue. percent to 31⁄2 percent. He suggested economy grow. Ms. KAPTUR. The problem is, when that the reduction be 3.1 percent. In every business I go into, they say, you have 100 people out there looking Now, we are as concerned as our Re- Marcy, bring me customers, bring me for a given job, it means 99 won’t get publican colleagues about the deficit, customers. it. And these are people who want to and the President is, too. And he sug- Whether they’re out of work and they work. They have a record of working. gested that this needs to be paid for. receive unemployment benefits, which They have actually collected their ben- We cannot borrow money from China they have earned, or whether it’s al- efits. They’ve paid into the insurance to do the unemployment insurance or lowing an individual through a payroll fund for unemployment in their respec- to do the payroll tax deduction. tax holiday to have a few extra dollars tive States. But when the economy Now, the payroll tax deduction, it’s of spending money, the advantage of doesn’t recover as fast as it must, then rather important. It’s over $1,500 in the helping the middle class is that it’s what happens is, after they use up their pocket of every working person in this going to go directly into our economy. first 26 weeks of unemployment, what Nation. That’s an enormous amount of It goes to every small business. Wheth- are they supposed to do? Where are money for a person that’s earning $10, er it’s to buy vegetables at the corner they going to work in order to provide $20 an hour. So he wanted to do that. stand, whether it’s to buy gasoline for for their families? How is he going to pay for it? your car, whether it’s to buy clothing We’ve had to, at the Federal level, He suggested that we pay for this in for your children, when you think extend unemployment because of this what is called tax fairness, that we about where those dollars will go, it’s massive recession that we are digging take the upper income, those people going to go to essentials. It won’t be out of. We have had to extend people. that have earned a million dollars a wasted money. These are people who want to work, year or more, and increase the tax that All of history shows us, because their 1 who have worked, who have a working they pay over a million dollars by 3 ⁄2 incomes have really not gone up, be- 1 record. So they continue looking for percent. A 3 ⁄2 percent increase above a cause buying power has gone down for jobs. And I can tell you, some of them million dollars—not below but above. the average family and prices are going have been looking for jobs for 3 and 4 Now, that’s fairness, because these up, that the middle class is guarding years. It isn’t that they don’t want to folks have had an enormous tax reduc- every penny so much more carefully. work. How many have I talked to tion over the last decade, part of the I had to go out and buy some throw where they have sent out hundreds of Bush tax cuts. rugs the other day because of all the Unfortunately, that didn’t happen, resumes? They have gone door-to-door rain in the Midwest that had caused and you and I have been here. And per- looking for work. They have tried, and water to rise in our basement. I haps we ought to share with the public yet the door keeps getting shut in their couldn’t believe the price of throw what happened yesterday when a bill face. rugs. I thought, oh, my goodness, and I came to the floor to provide unemploy- At some point, any human being be- went to two or three stores. I don’t ment insurance extension and a payroll gins to think, There must be some- have time to do that, but I was react- tax deduction. It was really not a shin- thing wrong with me that I can’t ob- ing to the increase in prices. The aver- ing day for the House of Representa- tain work, when they have a very good age family has great difficulty in buy- tives. record. Many of them are doing two ing those kinds of items, so those few We’ll go into some detail here, but and three jobs just to bring income in hundreds of dollars mean everything, essentially what happened was that the and then look to find a full-time job. and they will use it to improve their legislation put forth by our Republican It’s very disruptive to family life. homes, for example. colleagues basically said, okay, we’ll Many of them have moved in with their Mr. GARAMENDI. If I might inter- continue the payroll tax deduction, not relatives now. rupt for just a moment, you raised a at 3.1 percent but at a 2 percent reduc- And they shouldn’t feel like failures. very, very important point about the tion, which is about a thousand dollars I said to my audiences back home, It fate of the American middle class and for an average worker, and that’s good, isn’t your fault. You didn’t do this to of the extraordinary benefit that has certainly better than not doing any- America. The biggest banks failed us. grown for the top 1 percent. This is thing; and we will also do the unem- They failed our country. They’ve hurt where the 99 percent comes in. ployment insurance, but only for half us. They’ve created false money. Many Let me just show you this chart. It the time that the President suggested. has become one of my favorites. This of them became so rich that no normal And here’s the kicker. All of that person could even imagine what chart is about the growth of income. will not be paid by those who earn Down here on the bottom are the bot- they’re floating in. more than a million, the millionaires But it isn’t the fault of the ordinary tom 99 percent of Americans and the and billionaires. That will be paid for worker. They shouldn’t eat themselves income that they have seen since 1979: by the middle class. It was the 99 up in self-agony. There’s a lot of that virtually no real growth in the income percenters that were going to have to out there. of the working men and women, of the pay for this. Not the 1 percenters, but Mr. GARAMENDI. I see it in my own middle class of America. So, if you the 99 percenters. It was the great shell district in California. look at these lines, this is the top quar- One of the things that we’ve been game, and a very, very sad day. Fortu- tile; this is the middle quartile and the trying to do is to take up the Presi- nately, the President said, I will veto bottom quartile here: no growth or just dent’s call on this matter. The Presi- that if it ever gets to my desk; and the a little tiny growth. Incidentally, most dent, back in September, put forth the Senate has said, No way; this is not of that comes because now both the American Jobs Act. Many pieces of it. fair to the working men and women of husband and wife are working, not be- We’ll talk about some of those pieces America. cause just one of the wage earners has today. b 2040 seen it. But in the American Jobs Act, there Now, we were here, and we heard This top line, Marcy, is the 1 was an extension of the unemployment some of the debate. Share with us your percenters. We can see, over the last 25, insurance, which economists, left, thoughts about all that went on yester- 30 years, the 1 percenters have done right, and center, all say it’s the best day in that rather sad piece of legisla- very, very nicely, and there are many way to stimulate, to keep the economy tion. reasons for this. One, they are very moving. He suggested that we extend it Ms. KAPTUR. Again, it’s like a tee- productive. They’ve been able to find for those who have been unemployed ter-totter. It’s like it’s tipped in one di- good opportunities and to make the for 2 years or more. And I think it’s the rection. most of them. We wouldn’t deny any- only humane and compassionate thing Mr. GARAMENDI. Yes. body that opportunity to become very, to do, particularly here at the holiday Ms. KAPTUR. I think everybody in very wealthy in America if they play season. our country knows that we all will by the rules. I know, a little later,

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.108 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8959 you’re going to talk about some who Right now, the Senate is going to can’t get on the shelves of super- have not played by the rules and who take up the House bill, and it is our un- markets because of what’s called ‘‘slot- have become extraordinarily wealthy. derstanding that that bill is not going ting fees.’’ But if you play by the rules, you ought to move in the Senate. We need to get Mr. GARAMENDI. We should work to be able to do very well in America. past this gamesmanship that we saw in together. Excuse me for interrupting, Yet what we’re talking about here is the legislation that passed here just but in my district, we have a ravioli tax fairness. A lot of this growth right yesterday, and we need to get serious company. We’re talking out of this here in the last decade was as a direct about finding a compromise that can world. Now, maybe your sauce on top result of tax policy. Now, the George deal with this problem. of their raviolis we could actually get W. Bush tax cuts for the super wealthy, Here is our wish list. This is the on the shelf. which were supposed to create jobs, American wish list. We have Santa up Ms. KAPTUR. You know what, these didn’t create jobs. In fact, we had a loss here, but let’s just say it’s to the House large outfits that control retail sales in of employment in the United States. of Representatives—all of us—and to our country hurt innovation because Even if you discount and take out the the Senate. What we would like to have what they do is they make deals with great crash of 2007–8, in the George in the stocking is not a bad lump of some of the biggest companies. Ask Bush era, the argument for reducing coal but, rather, a payroll tax cut ex- yourself, why, when you go through a the high-income tax rate was that it tension. We could probably settle for supermarket and you want to find soda would create jobs because these were the present. If we were to compromise, pop—they call it soda pop in some the job creators. It didn’t create jobs. we’d want 3 percent, but we could set- places, and they call it—what do they It did not create jobs. So now we’re tle for the 2 percent reduction. That’s call it in your part of the country? talking about how do we keep this $1,000 in the pockets of every working Mr. GARAMENDI. Obesity. economy going, about how do we pro- man and woman in the State. That’s Ms. KAPTUR. Well, if you try to find vide for those who don’t have jobs. How 160 million people. That’s an enormous different brands, you will see certain do we put money back into the econ- thing for us to do. brands at eye level because they pay omy? As you say, it will be spent. We So this is one of the things that we thousands of dollars to each grocery do it with tax fairness. would wish would happen, that we wish store to put it there. But if you want As the President suggested, for those that we would do—your Representa- locally bottled soda, or pop, you are people who earn more than $1 million a tives, Democrat and Republican alike, lucky if you can find it on the bottom year after all the deductions, the and the Senators—for the working men shelf, and you probably can’t. amount of income above $1 million and women of America so that they So we have like gatekeepers. The would be taxed an additional 31⁄2 per- can have food on their tables and roofs public is largely unaware of this. Local cent. That’s fair. That’s fair to the over their heads. meat. I represent a region that is both American workers, if they’re unem- The other deals with the unemploy- urban and rural. I love it. I am privi- ployed or if they’re looking for jobs, so ment insurance—5.7 million people are leged to represent it. Try to get locally that they’ll have an opportunity. going to be losing their unemployment produced pork on the shelves of large Ms. KAPTUR. Congressman insurance in the coming year. What in supermarket chains. Good luck. You GARAMENDI, as you were talking, I was the world are they going to do? Their know, the same is true with vegetables. thinking about that chart that shows jobs are not there, as you so clearly We could have so much more income the flatness of income growth in the pointed out, Ms. KAPTUR. The jobs are growth and job growth in this country middle class, and I was thinking about not there, and they need help. That’s if we would have some consciousness the last several years and about our where the unemployment insurance by these big retailers and box stores to U.S. trade deficits. program will help them and will simul- go local. We grow local. We make local. Most Americans probably don’t real- taneously help the economy, as Ms. But then to try to move it to the shelf, ize it, but annually, we rack up about KAPTUR pointed out. We can pay for it’s almost impossible. $500 billion more in imports coming this. We can pay for this with a Fair Mr. GARAMENDI. Black Friday, a into our country than exports going Tax system in America. week ago. It is all about the big retail- out, and it hits the working class—the Ms. KAPTUR. I wanted to just com- ers. But Small Saturday, now that was middle class of people—very, very hard ment obliquely here based on what exciting. A lot of advertising out in because it substitutes for the income you’ve been talking about. California about, Go to your local shop. that they would normally earn if they In looking at job creation in a given Buy local. Buy small. And it was just were manufacturing in this country as region, if I look at the regions that I’ve what you are talking about, and that is many cars as they used to. been privileged to represent, we have to find a way to provide opportunity, What we see happening is a tipping many small companies or medium- moving, in this case, customers to the toward the top, but really all sectors sized companies. I happened to be local stores. Instead of the big box are affected by the fact that our trade speaking with one of them the other store, go down to Main Street. Stop at deficit lops off most of the gross do- day, Hirzel, which is a major producer the local shop. Very, very powerful. mestic product growth every year. A of tomato products in our region. And I suspect that many of us did that. half-trillion dollars bleeding out of our We stopped at the local store, and we economy for purchases of everything b 2050 didn’t go down to Home Depot. We from electronics to energy to auto- And I said, you know, I was looking went down to the Ace Hardware. mobiles, which are things that should for your spaghetti sauce on the shelves Ms. KAPTUR. This year, again, I be made inside this country, is a huge of one of our major grocery chains, and went to craft shows. I buy dozens and downdraft on every income quartile in I couldn’t find it. And it’s the best dozens of gifts. And I find locally made our country. Thus, your efforts to pro- sauce I have ever eaten. I said, How can items because I know the money will mote American-made goods are right I help you expand your product place- go right in the pockets of local people. on target. ment on the shelves of stores across And why is it these craft shows, they Mr. GARAMENDI. Before we go back the country? The owner of the com- hold them in churches, and they hold to Make It in America, which is our pany, a family-owned company—and them in auditoriums, why don’t some principal policy, at least among those they are the most wonderful people—he of these big shopping center complexes of us who are talking about the Make said to me, Well, you don’t really un- invite them in? What’s the problem It in America agenda, I want to just derstand, Marcy. We really aren’t al- with trying to help local innovation, make it very clear that this debate lowed on those shelves because one of local development? We find so many re- over the payroll tax reduction and the the big spaghetti sauce manufactur- strictions that make it hard. unemployment insurance is not over. ers—and I won’t mention the name— One of the reasons we can’t grow jobs We’ve got a little bit of time to get this pays the grocery store a fee to keep all fast enough is because certain interests done before the end of the year when new products off their shelves. And in our society have such a lock on who all of these opportunities for people to even though Hirzel’s is not a new prod- can get in the door. There ought to be continue to survive terminate. uct, it’s regionally bound; and they a section for local. We shouldn’t have

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.110 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8960 CONGRESSIONAL RECORD — HOUSE December 14, 2011 to pass a Federal law for that. People Ms. KAPTUR. I’m a city planner by money can only be used to buy Amer- should be smart enough out there to do training. So I look at the space in ican-made light rail, transit trains, and it. It creates more customers all ways these stores, and I thought, I could do locomotives for Amtrak. around, and a lot of us want to support this. I could clear one of these aisles. I Siemens opened a factory in Sac- local. could consolidate over there. I could ramento, California, to build those Mr. GARAMENDI. I don’t think we’re provide a place for locally made items, light-rail cars and the locomotives be- talking about a law or a new regula- and let the local entrepreneurs com- cause the policy, drafted here on this tion here, but we’re talking about pete. But give them a place on the floor, passed by the Senate and signed something that we ought to do for our shelf, and don’t make them pay these into law by President Obama, said that communities, and that is recognize exorbitant fees. It doesn’t take an act tax money can only be used to buy that we’re all part of a community. of Congress for some business innova- American-made equipment. And it cre- You said something a few moments tion in these big box stories. And I am ated hundreds of American jobs in Sac- ago that caused me to come back to thinking, you know, maybe America in ramento, California. this issue. You talked about the trade some ways is losing her edge. Because This bill, and another one like it that deficit. And the way in which we are if the CEOs in charge of these retail has now been introduced by the rank- literally exporting our money, we’re stores can’t be creative enough to fig- ing member Democrat in the Transpor- also exporting our jobs. ure out how to help us encourage inno- tation Committee, will bring hundreds Last December—just a year ago—on vation at the local level, what are they of thousands of jobs when our tax this floor, we took up a piece of legisla- getting paid so much for? money is going to be used to buy Amer- tion that dealt with this issue. In the I think of all the local food products, ican-made equipment. previous Tax Code, there were tax all the hand-made sweaters, all of the Ms. KAPTUR. I wanted to mention as breaks given to American corporations artwork, all of the pottery that’s made you were talking, Congressman for shipping jobs offshore. For locally, the food products that can’t GARAMENDI, as a result of the refi- offshoring American jobs, they got a get to shelf because they keep them nancing of the U.S. automotive indus- tax reduction. And some of us said, out. Come on, men and women out try in northern Ohio—from Cleveland, Well, what in the world is that all there in the retail world. Show a little Elyria, Lorain, Avon Lake, Sandusky, about? So we scrambled and tried to creativity here. We have a lot of inno- Toledo, Defiance, the whole corridor— find out where the codes were. And a what we are seeing is a reinvestment in bill came forth on the floor that elimi- vation at the local level. Mr. GARAMENDI. A little bit of pa- the supplier chain. That includes steel nated about two-thirds of those tax such as Republic Steel. People don’t re- breaks given to American corporations triotism. alize how many jobs in America are when they offshore jobs. Ms. KAPTUR. Boy, it takes a little connected to the automotive industry. A very interesting division occurred bit of patriotism. Your State of California, which man- here on the floor of this House. It was Mr. GARAMENDI. Let me give you ufactures a lot of semiconductors, half a straight-up bill. It wasn’t complex. It another example of what we can do of the semiconductors procured in this was on that issue: Should American with policy. Right now we have a ‘‘Buy country go into the automotive indus- corporations continue to receive tax American’’ policy that really has not try. If you think about carpeting, half breaks for offshoring jobs? That was been enforced much. So I’ve introduced of the carpeting sold in this country the bill. No riders. No hidden agendas. a piece of legislation, H.R. 613, that goes into automotive production. Plas- No extraneous sentences put in. This simply says that if it’s our tax money— tics, glass—think about what is really House divided right down the middle. and every time we buy a gallon of gaso- in there. As a result of what we were The Democrats voted to end the tax line or a gallon of diesel fuel, we pay able to do here, with a lot of flak from cuts. The Republicans, not one Repub- either 18.5 cents for the gasoline or 26 one side of the aisle, although there lican voted to end those tax breaks cents for the diesel fuel in taxes, was some support, was to refinance the given to American corporations for where’s the money going? Some of it U.S. auto industry. offshoring jobs. all too often, in fact, a lot of it all too And I’m going, I don’t get it, guys. often, winds up going offshore. We just had an announcement in You guys talk about jobs all the time. I will give you an example: the Oak- Avon Lake that the truck platform You talk about small businesses, and land-San Francisco Bay Bridge, a will be coming back to us from Mexico. here you want to continue to subsidize multibillion dollar project, $1 billion So that is retention of jobs in Avon the offshoring of American jobs? worth of steel going into that bridge. It Lake. It is part of the rebirth of auto- What’s that all about? We never got an will be a beautiful thing when it’s com- motive and truck transportation across answer. But it speaks directly to the pleted. The bids for that came in for an the north. We are producing vehicles point that you were making earlier American-made steel bridge or a Chi- like the Wrangler, one of the most pop- about policy choices. Our work is pol- nese-made steel bridge. ular vehicles in the country, obviously, and the new Cruze for General Motors. icy, policy choices: Are we going to do b 2100 this, or are we going to do that? Are we But all the supplier chain, Republic going to continue to support American It was a 10 percent difference in cost. Steel, they’re putting in a new arc fur- corporations for offshoring jobs, giving That’s a lot of money. So the State of nace. You’re looking at the restoration them our tax dollars? Are we going to California Bridge Authority decided of production. It’s coming slowly, but continue to allow the oil companies to that they would take the 10 percent it’s coming. So we have to be proud of be subsidized? cheaper Chinese steel. The result is actions that were taken by the Govern- The wealthiest industry in the world after years, the steel had problems. ment of the United States of America takes about $15 billion a year of your The welds had problems. The cost went through the action of Congress and by tax money, and we give it to them. The well above 10 percent, and 3,000 jobs the President to help save one of Amer- oil, the gas, and the coal industries, wound up in China, and zero jobs ica’s lodestar industries, which has about $15 billion a year in tax sub- wound up in America. now paid back its loans and is rehiring. sidies. Why do we do that? So what this bill does, it simply says Mr. GARAMENDI. Let me just add to Ms. KAPTUR. You raise a very good no more waivers. No more. If it is this. This was a result of the stimulus point, Congressman. And I went into American tax dollars that are being bill that put the money there, if need one of these dollar stores—I won’t say used, it is going to be used to buy be, to rebuild certain sectors of Amer- which name it was—with one of my American-made equipment—buses, ica. President Obama courageously, good friends the other day. I couldn’t trains and the steel and concrete. It and with enormous opposition from Re- find a non-Chinese-made item on the works. publicans, said, I will not let the Amer- shelf. In the stimulus bill, which all of our ican automotive industry die. This is a Mr. GARAMENDI. Wouldn’t you love Republican friends want to dismiss, in fundamental industry in the United to go into Wal-Mart and find ‘‘Made in the stimulus bill there was one line for States; I will not let it die. America’’? Wouldn’t that be some- the several billion dollars of money And so he authorized the money that thing? that went into transit that said that went to bail out General Motors and

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.112 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8961 Chrysler. Ford didn’t take advantage of dress the China situation. It was a of this on television. But this is in all it because they had a different finan- piece of legislation that simply said of our communities. Every community cial situation. But the result of that is that when any government anywhere in America has this problem. precisely what you’ve described. It is around the world unfairly subsidizes its And it’s up to us here in Congress to precisely the saving of the American business sector in a way or to the det- use what compassion and wisdom we automotive industry and all of supply riment of American businesses, then possess to find ways of addressing it. chain that goes with it. A very coura- that country will face sanctions. And We have such an opportunity with the geous action by the President, one that specifically, it had to do with the Chi- payroll tax deduction, with the wel- worked for the benefit of America so nese currency. The Chinese currency is fare. And, unfortunately, the bill that that we can once again make it in significantly undervalued, perhaps giv- passed here yesterday basically would America. ing as much as a 20 percent advantage put money into the right pocket I’m going to wrap this up very quick- to China in its exports. Bipartisan, it through a payroll tax deduction or an ly because I know you have a couple of passed here. It did not pass in the Sen- unemployment check, and then take it things you want to talk about with re- ate. However, this year my Republican out of the left pocket with an increase gard to Wall Street. colleagues would not even allow that in fees, a reduction in medical services, Ms. KAPTUR. I would like to add one to come up for a vote here, even though the closing of clinics or other ways in item, though. it has now passed in the Senate. So the which that money would be extracted. Mr. GARAMENDI. Why don’t you go Chinese currency bill passed the Sen- Yes, it would balance. It wouldn’t in- ahead, and then I will wrap up at the ate; it is languishing in this House. I do crease the deficit except for the work- end. not understand why our Republican ing men and women of America. We Ms. KAPTUR. Perfect. I just want to colleagues want to continue to allow think that’s wrong, and we’ve offered a say a deep thanks to Congressman China to have an unfair advantage. different solution. GARAMENDI for bringing us together to- My colleague from New York has I was going to wrap up with this. night. come for a couple of short comments. I China subsidizes to a fare-thee-well its I wanted to say as a member of the promised Ms. KAPTUR the last few mo- solar and wind industries. So much so China Commission, we had testimony ments of this. Welcome, Mr. TONKO. that they have taken over the market yesterday from various witnesses on The East-West Show is back in session. the economy, on the legal structure of and have led to the bankruptcy of a Mr. TONKO. Representative couple of American solar manufactur- China, on democracy and the lack GARAMENDI, thank you again for lead- thereof in that country. One of the ers, Solyndra being one example that is ing us in what has been a very impor- points that we discussed was how much discussed around here. But it was tant discussion about job creation and closed the Chinese market is to prod- really as a result of China driving down job retention in our country. And I ucts from around the world—much like the price of solar panels. couldn’t agree more than with your Japan, much like Korea. You look at This bill, again one that I have intro- sentiments that include this concern Singapore, many of the Asian nations duced, and it comes directly from my about providing a benefit to the middle keep our products out. And we’re ask- district because we have a major wind class in terms of a payroll tax holiday ing American companies to try to com- farm and solar system there, it says extender, but then also asking them to pete in a situation where our market is that our tax money that presently goes pay for that benefit. So it is like one open and their market is closed. So we to subsidize the purchase of solar sys- hand is offering and the other hand is can’t get access to those customers. tems and wind turbines must only be taking from our working families, mid- One of the points that was brought used to buy American-made wind tur- dle class Americans. This is not the up by one of the top economists that bines and solar panels. In other words, prescription for success. testified before the China Commission buy American, make it in America, and What has been offered by the Presi- was the fact that the Chinese Govern- rebuild our industry. dent is a payroll holiday extender, a ment backs those companies. Really, I am going to just wrap up quickly. tax holiday extender for both employ- the government owns the companies, It’s the holiday season. It’s that time ers and employees. And there are many and they infuse billions of dollars. So when we think about our families. It’s small businesses that stand to gain. think about this. The workers and that time when we think about our The overwhelming majority of small companies of northern Ohio and the communities. We have a real obliga- businesses gain by that extension, and U.S. automotive industry are trying to tion here in the House of Representa- certainly the employees do. But it compete in a global market where tives to put forth really solid legisla- works best when you bring leverage some of the major markets in the tion to support those men and women into the equation that comes from the world, like Japan, are closed. And and families in America that, through surcharge that is placed upon the most they’ve remained closed for decades. no fault of their own, are unemployed high income strata in our country. China does not welcome us in. We are or are having a very difficult time in And when you look at the charts literally competing against state-man- making it in the current economy as from 1979 to the present day, there is aged capitalism. It is not a free mar- wages are driven down and as opportu- no denying what statistics indicate. ket. It is not a market economy we are nities for advancement are diminished. Facts can’t be argued with. There has dealing with. It is very controlled. b 2110 been this exponential rise in the There was criticism by some that, oh growth of income for the top 1 percent gosh, look at Congress, they are help- What we hope for, and literally pray to about 250 percent of an increase, all ing the U.S. automotive industry. It for, is a consensus, a compromise, in while, from 1979, middle-income Ameri- showed a lack of understanding of what the next couple of days here on the cans have seen a flat-lining of their these companies face in the global floor of this House and with the Senate household income, and now it’s even marketplace. It is not a level playing so that we can pass legislation that dipping. So why mess with this field. It is simply not. And, unfortu- would actually help the American progress that has been realized, this nately, we have never had a trade am- workers, those that are unemployed steady climb upward—slow but bassador knowledgeable enough about and those that are seeking a job or steady—from an 8.2 million jobs loss the automotive industry—that came have a job and are unable to make it, hole? We have climbed steadily. Why out again yesterday—who can really and with that payroll tax deduction would you mess with that obvious suc- successfully bargain to give us a level put another $1,000 in their pocket. And cess that is coming back into the econ- playing field in one of the most impor- I want us to keep in mind that in omy? Allow for America’s middle class tant industries that we have. America today there are 1.4 million families to move forward, and allow for Mr. GARAMENDI. Let me just give children—1.4 million children—that are that benefit to be paid for by someone you another example. I thank you for homeless. Their parents have lost their other than the middle class. Otherwise, raising that very, very important job, they’ve lost their home, and it’s giving and taking from the same issue. they’re sleeping in cars. They’re home- audience. It makes no sense. Last year, this House by an over- less. They may be able to find an op- We stand by progress, we stand by whelming bipartisan vote set out to ad- portunity at a motel. We’ve seen some progressive policy, and we stand by our

VerDate Mar 15 2010 03:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.114 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8962 CONGRESSIONAL RECORD — HOUSE December 14, 2011 middle class, our working families. That hearing, called by Chairman Journal, Governor Corzine ducked or Let’s get it done for middle class Amer- FRANK LUCAS of Oklahoma and Rank- deflected questions 15 times. On five ica. Without a strong middle class, ing Member COLLIN PETERSON of Min- occasions, he used a well known strat- there is not a strong America. nesota, began to shed some light on egy for avoiding accountability by Mr. GARAMENDI. I thank you very what is the eighth-largest bankruptcy using some variant of the phrase, ‘‘I much, Mr. TONKO, for bringing that up. in U.S. history at MF Global Holdings. did not intend to break any rules.’’ He I’m going to ask Ms. KAPTUR of Ohio Its misdeeds had been widely reported, apologized or expressed regret six to take the podium here and to tell us but they deserve much closer scrutiny. times for the damage his choices about Wall Street and some of the re- We need to subpoena their full records wrought on countless families and forms that she is advocating. and transactions that led to the col- businesses. But the operative fact is Ms. KAPTUR. I thank the gentleman lapse. $1.2 billion; that is the amount that is for yielding me this time and rise this Even before last week’s hearings, we missing from MF Global’s segregated evening on the subject of MF Global knew that MF Global Holdings filed for client funds for which Mr. Corzine and the clear need for oversight by the Chapter 11 on October 30. Citizens in could provide no explanation. In fact, Congress. my district have been impacted and astoundingly, this seasoned trader Mr. Speaker, Congress isn’t doing its harmed as over $1 billion disappeared pleaded ignorance of what was hap- job to investigate the fraud that has from customer accounts. The Wash- pening at his own company. infected our entire financial system, ington Post and other press reported Let me mention that the Commodity fraud perpetrated by Wall Street, and weeks ago that the firm’s CEO, former Futures Trading Commission, Jill it has hurt the global financial system Governor Jon Corzine, had essentially Sommers, a representative who testi- as well. I think the reason is that too placed a $6.3 billion bet on the sov- fied at the hearing, was very invaluable many people have forgotten that gam- ereign debt of several European Gov- to public understanding. bling with other people’s money often ernments. After its most recent quar- The SPEAKER pro tempore (Mr. entices very addictive personalities terly return showed almost $200 million GRIFFITH of Virginia). The time of the who are incapable of self-policing. in losses, MF Global stock lost 67 per- gentleman from California has expired. They need rules, they need limits, and cent of its value. Ms. KAPTUR. Mr. Speaker, I believe they need oversight. Otherwise they But this is not just a case of an in- that I have a Special Order and time just keep getting into the same trouble vestment firm being lured by the high- remaining, my own Special Order for 30 again and again, harming innocent peo- er returns of riskier bonds. As inves- minutes. ple in the process by looting their as- tigators continue to piece together sets. what happened at MF Global, there is f The American people know that cor- increasing evidence of criminal activ- MF GLOBAL ruption on Wall Street is pervasive, ity. This case has all the trappings of a and millions upon millions of our fel- massive case of fraud. The SPEAKER pro tempore. There low citizens have been harmed by it. Now, CME Group Incorporated, which being no majority Member to be recog- The Republican leadership in this audited MF Global’s accounts, reported nized at this time, under the Speaker’s House have failed in their responsi- weeks ago that Mr. Corzine’s company announced policy of January 5, 2011, bility to aggressively investigate crime violated key Federal requirements to the gentlewoman from Ohio (Ms. KAP- in the financial services sector. keep its accounts separate from their TUR) is recognized for 30 minutes. Earlier this month, I spoke about customer accounts. At last week’s Ag- Ms. KAPTUR. I thank the Speaker. Bloomberg’s report on how President riculture Committee hearing, the pub- Let me rephrase this. At the hearing, Bush’s Secretary of the Treasury, lic was once again told that as much as the Commodity Futures Trading Com- Hank Paulson, in 2000, inappropriately $1.2 billion may still be missing from mission’s Jill Sommers’ testimony was and behind closed doors in a private segregated customer accounts. invaluable to the public. Her testimony meeting tipped off his former col- This isn’t just a case of misplaced places the MF Global collapse in proper leagues at Goldman Sachs and a hand- money. The financial press has been re- perspective, and I’m quoting directly. ful of Wall Street insiders about how porting a staggering amount of malfea- She said: Fannie Mae and Freddie Mac might sance in the days before MF Global ‘‘Lehman Brothers and Refco are the collapse and what steps the govern- filed for bankruptcy. In an apparent ef- two most recent futures commission ment intended to take. All of this oc- fort to buy themselves time, MF Global merchant bankruptcies. While the Leh- curred on the very same day that Sec- sent checks instead of wiring money. man Brothers’ bankruptcy was monu- retary Paulson led The New York Many of those checks, we all know mental in scale and the Refco bank- Times to believe that those two compa- now, bounced. There are stories of re- ruptcy involved serious fraud at the nies would give a signal of confidence quests to transfer funds being denied parent company, commodity customers to the markets. and even inaccurate account state- did not lose their money at either firm. You can imagine what those finan- ments being issued. Even more egre- In both instances, commodity cus- cial insiders did with their investments gious are accounts of people receiving tomer accounts were wholly intact; before the rest of America was even bounced checks going back and finding that is they contained all open posi- aware. their accounts were also altered inap- tions and all associated segregated col- I also reminded my colleagues that propriately. May I ask, if this doesn’t lateral. That being the case, customer the Securities and Exchange Commis- sound like fraud, what is it? accounts were promptly transferred to sion was finally rebutted recently in a healthy FCMs’’—or futures commission New York court for settling fraud cases b 2120 merchants—‘‘with the commodity cus- with major Wall Street banks like The American people must demand tomers having no further involvement Citigroup in a way that allowed the more congressional oversight. Congress in the bankruptcy proceeding. Unfortu- biggest banks to walk away by simply needs to produce more information. nately, that is not what happened at paying a few fines without so much as I attended last week’s hearing in the MF Global because customer accounts admitting any wrongdoing. House Agriculture Committee. While were not intact.’’ I ask, where is this Congress’ over- some important questions were asked The fact that ‘‘customer accounts sight of these most crucial financial of Mr. Corzine, Congress’ responsibility were not intact,’’ as Commissioner machinations that have so harmed our has been far from met. Anyone who Sommers described it, means that Nation and world since the market carefully followed the hearing watched someone took other people’s money. I crashed in 2008? as Mr. Corzine dodged questions and believe most of us would call that Finally, after months and months of provided hollow responses. theft. Even if some of the money is re- press coverage, Congress is taking a The Wall Street Journal provided us covered by the bankruptcy process, tad of action. Last week, the House’s with an interesting assessment of Mr. that does not alter the fact that the Agriculture Committee held one of the Corzine’s testimony that is worth en- process by which customer accounts first hearings we have seen all year. tering in the RECORD. According to the were violated broke the law.

VerDate Mar 15 2010 04:09 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.116 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8963 It is an understatement to say that and abetting MF Global’s behavior. We with a staff of 1,000 agents and forensic many American families and busi- know that current Commodity Futures experts based in 27 cities. nesses lost important investments. The Trading Commission Chairman Mr. Do you know how many they had mismanagement of this one firm has Gensler has recused himself from the over there when this started? Forty- put hundreds of people’s investments in case. Mr. Gensler actually worked for five. You could count them on your jeopardy. They deserve answers. Con- Mr. Corzine at Goldman Sachs, and own hands. gress has lead responsibility to ask they apparently carried on later in the Perpetrators went to jail back then hard questions, and here are some same social and academic circles. The but, rather, the Congresses at that questions that demand reply. public has a right to know at what time ignored the warnings of what had On transfers of funds from customer point Mr. Gensler had any knowledge happened, and they gave an even bigger accounts, Congress must ask examiners or reason to believe that the customer green light during the 1990s to more from Chicago Mercantile Exchange accounts at MF Global might not have abuse by removing the rules of the road Group, who said that transfers at MF been intact; and then, how did he and for banking during the 1990s. Global were made ‘‘in a manner that his agency and his staff respond—day Example, the upending of the Glass- may have been designed to avoid detec- by day, hour by hour, email by email? Steagall Act in the late 1990s that blew tion,’’ so let us ask: Should the person Finally, according to Reuters, com- the lid off prudent banking and allowed or persons who attempted to avoid this panies like Koch Industries removed bankers and speculators to be in the detection be held accountable, and how billions from MF Global just before it same company. And look what has hap- should that occur? It seems unlikely filed bankruptcy. How did that power- pened. We need to restore the Glass- Mr. Corzine is not responsible. So ful company know when to take their Steagall Act, and I have a bill to do which person, or persons, at MF Global money out and why did my constitu- that, and there are dozens and dozens made the decision to invade customer ents not know when to take their of cosponsors on that bill. accounts? Congress must assure full money out? Could, in fact, Koch Indus- In 2000, the surreptitious under- tracing of those transactions. tries have gotten the same tip-off that mining of derivative regulation by this A second group of questions should Goldman’s CEO Hank Paulson had Congress led to Wall Street’s bullish revolve around who are the responsible given Freddie Mac investors and plunder that we are now experiencing parties. If Mr. Corzine simply cannot Fannie Mae investors just a few years again, the result of addictive behavior recall or does not know what happened before? How much of MF Global’s of the 2000s. at MF Global, as he seemed to claim, money not wired rightfully belongs to You know, when you go back to the who should Congress and investigators the holders of segregated accounts that savings and loan crisis, that was much speak with at MF Global to ascertain were inappropriately tapped by MF smaller than what we are enduring his exact role and those of other top Global? How do my constituents get today. That is why I have a straight- executives? Who’s going to probe? full restitution? forward bill, H.R. 1350, the Financial That’s the role of a congressional in- Yes, there are far too many ques- Crisis Criminal Investigation Act. It vestigatory committee. tions—lots of questions—and far too authorizes an additional 1,000 agents Who, besides Mr. Corzine, was di- few complete answers. and forensic experts for the white col- rectly responsible for segregating cus- Yes, this Congress needs to take lar crime division of the FBI to inves- tomer account funds from MF Global white collar crime more seriously. Who tigate and prosecute these financial funds? Over $1 billion did not walk off would accept an explanation, as we crimes. I encourage all of my col- on its own. Some set of persons at MF heard the other day, that ‘‘I did not in- leagues to join me as a cosponsor. The tend to steal.’’ It could be $100 from the Global moved those funds, and it’s Bureau does not have anywhere near corner gas station, right? How can that highly implausible that no one author- the resources it needs to take on be an acceptable answer for taking ized that action. So what set of persons crimes of this magnitude and dimen- hundreds of millions and over $1 bil- authorized those actions exactly? sion. Another set of questions should lion? Congress has long debated what level Rigorous investigation matters. Con- revolve around who approved MF of regulation is needed to restrain fi- gress needs more robust hearings. We Global’s risk standards? We know that nancial addicts. There should be no de- need more thorough investigations. Michael Roseman, MF Global’s former bate about the need to uphold the law, chief risk officer who resigned in b 2130 to recover innocent people’s money, to March 2011, reportedly assessed that What should concern all of us is that prosecute the addicted gamblers, to set the strategy that MF Global was un- the financial industry’s fraud and im- a strict standard of behavior in the fi- dertaking was too risky. Any assertion prudence, yes, addictive behavior, is nancial sector so it simply never hap- that the strategy was prudent at the not limited to a case here or there. In pens again, so that we can restore con- time, as Mr. Corzine is arguing, is the financial services sector, fraud has fidence and regular order, not insider against the facts of history because MF become systemic. It is endemic. It has abuse, to America’s financial markets. Global went bankrupt. Congress needs harmed our Nation’s economy to its vi- I think this Congress has an awesome to take whatever steps are necessary to tals and has hurt millions of people responsibility to do its job, and it find out exactly who pressured Mr. across our country and the financial should not fear anyone. The commit- Roseman to resign for blowing the systems of other countries. tees of this House should be working whistle on the behavior inside that In 2009, the FBI testified before the overtime to probe the truth, to find the company. House Judiciary Committee that the truth, to get at the truth of those who Another set of questions can be asked current financial crisis, and I’m have harmed America, that have put so about what other financial partners quoting directly, ‘‘has produced one many millions of people out of work, participated in MF Global’s trades. unexpected consequence: it has exposed where so many homes have been fore- There are allegations that the transfer prevalent fraud schemes that have been closed that the property values of this of $200 million to J.P. Morgan in the thriving in the global financial system. country can’t even find their footing at final days of MF Global was suspected These fraud schemes are not new, but this point. by J.P. Morgan bankers of utilizing MF they are hitting the economy hard and It’s affecting capital formation; it’s client funds. To what extent are these the public is hurting as a result of mar- affecting the ability of local banks to allegations true? At what point can we ket deterioration.’’ make loans because they’re not sure determine whether wire fraud was com- What a true statement. Regretfully, what’s going to happen to valuation on mitted and, if so, by whom and to what this isn’t the first time that our coun- their books. What could be more seri- extent? All of this begs the ultimate try has seen a crime wave in the finan- ous than the committees of this Con- question of whether or not sufficient cial services industry. Indeed, the gress doing their job? protections were exercised for cus- crimes and addictive behavior seem to I want to commend Congressman tomers to stop wire fraud. be getting bigger, not smaller. LUCAS of Oklahoma. I want to com- Another set of questions can revolve In the 1980s, it was the savings and mend Congressman PETERSON of Min- around were any inside players aiding loan crisis. Then the FBI responded nesota. Wouldn’t it be wonderful if

VerDate Mar 15 2010 04:09 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K14DE7.118 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8964 CONGRESSIONAL RECORD — HOUSE December 14, 2011 they could continue their important multiple times. And for the first time it is A friend, J. Christopher Flowers, one of work, but that the other committees of now clear that ratings agencies knew the MF Global’s largest investors, helped him this Congress that have responsibility risks for months but, as they did with get there. Mr. Corzine and Mr. Flowers for oversight, Government Oversight subprime mortgages, looked the other way worked at Goldman decades ago, and at one until it was too late, underscoring how three point, Mr. Flowers helped manage Mr. and Reform, the Judiciary Committee, years after the financial crisis, little has Corzine’s vast wealth while he was a senator, the Financial Services Committee, the changed on Wall Street. according to Congressional records. Energy and Commerce Committee, MF Global filed for bankruptcy on Oct. 31. Mr. Corzine’s arrival was a coup. MF Glob- were actually to do the work that As the firm spun out of control, it improp- al had hired an executive search firm, needs to be done to put this country’s erly transferred some customer money on Westwood Partners, to hunt for a new leader. banking and financial system back in a Oct. 21—days sooner than previous y But some members of the board, including decent position with prudent rules and thought, -F.-s-gd people briefed on the mat- David I. Schamis, who worked for Mr. Flow- ers, were recruiting Mr. Corzine. to finally quash the addictive behavior ter. And investigators are now examining whether MF Global was getting away with He was a popular manager, former employ- that has brought our country to this such illicit transfers as early as August, one ees say. An avuncular presence with a beard very dangerous point? person said, a revelation that would point to and sweater vest, he had a knack for remem- [From The New York Times, Dec. 11, 2011] wrongdoing even before the firm was strug- bering names. Even in the firm’s final hours, A ROMANCE WITH RISK THAT BROUGHT ONA gling to survive. they recall that Mr. Corzine never lost his PANIC The consequences of the firm’s collapse temper. His work ethic also impressed col- leagues. He often started his day with a five- (By Azam Ahmeo, Ben Protess and Susanne have been severe: Some $1 billion in cus- mile run, landing in the office by 6 a.m. and Craig) tomer money remains missing and thousands of clients, including small farmers in Kansas was regularly the last person to leave the of- Soon after taking the reins of MF Global or hedge funds in Connecticut, still do not fice. in 2010, Jon S. Corzine visited the Wall have nearly a third of their funds. His intense routine was on par with his Street firm’s Chicago offices for the first Some of that money may never be recov- ambitions for the firm. With 15 top execu- time, greeting the brokers, analysts and ered if, as some regulators now fear, MF tives in the firm’s boardroom on his first sales staff there. Global used it to cover trading losses and re- day, March 23, 2010, he said, ‘‘I think this One broker, Cy Monley, caught Mr. plenish overdrawn bank accounts. firm has tremendous potential and I can’t Corzine’s eye. Unknown to MF Global’s top The bet on European sovereign debt is not wait to get started,’’ one person who at- management in New York, the employee, thought to be directly connected to the miss- tended said. whose job was to match buyers and sellers in ing money. But the fears about the firm’s ex- Mr. Corzine faced a steep challenge. energy derivatives, was also trading a small posure to Europe tipped an anxious market, For years, MF Global aligned buyers and account on the side, using the firm’s capital. causing a run on MF Global that regulators sellers of futures contracts for commodities ‘‘How are you making money on side bets? suspect led the firm to fight for its life using like wheat or metals, and took a small com- What else are you guys doing to make money customer money. mission along the way. But over the last dec- here?’’ Mr. Corzine asked enthusiastically, Mr. Corzine has not been accused of any ade, that business had become endangered. his eyes widening, the broker recalled. The wrongdoing. Through a spokesman, he de- By the time Mr. Corzine arrived, near zero- new chief executive grabbed a seat and spent clined to comment for this article. percent interest rates and paper-thin com- an hour questioning Mr. Monley as other top While Mr. Corzine apologized for the firm’s missions had led to five consecutive quarters executives from New York hovered impa- collapse when he appeared before the House of losses. tiently nearby. Agriculture Committee on Thursday, he has Soon after taking the helm, Mr. Corzine Although Mr. Corzine had been a United continued to defend the European trade, call- oversaw a wave of job cuts and overhauled States senator, governor of New Jersey, co- ing it ‘‘prudent’’ at the time. compensation, moving from steady commis- head of Goldman Sachs and a confidant of The European trade was initiated by Mr. sions to salary and discretionary bonuses leaders in Washington and Wall Street, he Corzine late in the summer of 2010. The new like the rest of Wall Street. was at heart a trader, willing to gamble for chief executive explained the bet to a small At the same time, Mr. Corzine filled the a rich payoff. group of top traders, arguing that Europe ranks with employees from Goldman Sachs Dozens of interviews reveal that Mr. would not let its brethren default. In just a and hedge funds like the Soros Fund Man- Corzine played a much larger, hands-on role few months, the trade swelled to $6.3 billion, agement. He recruited Bradley Abelow, a fel- in the firm’s high-stakes risk-taking than from $1.5 billion. low Goldman alumnus and a top aide when has previously been known. Europe’s debt crisis, meanwhile, continued he was governor, to be chief operating offi- An examination of company documents to flare, raising questions about whether cer. and interviews with regulators, former em- some of the Continent’s bigger economies, Mr. Corzine arrived just as Washington was ployees and others close to MF Global por- Spain and Italy, might be ensnared in the pressing the big banks to curb their lucra- tray a chief executive convinced that he maelstrom. tive yet risky businesses. Spotting an open- could quickly turn the money-losing firm In August, some directors questioned the ing, he fashioned new trading desks, includ- into a miniature Goldman Sachs. chief executive, asking him to reduce the ing one just for mortgage securities and a In the final days before filing for bank- size of the position. Mr. Corzine calmly as- separate unit to trade using the firm’s own ruptcy, MF Global moved an estimated $1.2 sured them they had little to fear. capital, a business known as proprietary billion of customer funds to other institu- ‘‘If you want a smaller or different posi- trading. tions. tion, maybe you don’t have the right guy Not to be outdone, Mr. Corzine was the He pushed through a $6.3 billion bet on Eu- here,’’ he told them, according to a person most profitable trader in that team, known ropean debt—a wager big enough to wipe out familiar with the matter. He also told one as the Principal Strategies Group, according the firm five times over if it went bad—de- senior board member that he would ‘‘be will- to a person briefed on the matter. Mr. spite concerns from other executives and ing to step down’’ if they ‘‘had lost con- Corzine traded oil, Treasury securities and board members. And it is now clear that he fidence in me,’’ Mr. Corzine told Congress on currencies and earned in excess of $10 million personally lobbied regulators and auditors Thursday, although he said he had not in- for the firm in 2011, the person said. about the strategy. tended to make a threat. Some inside MF Global worried that the His obsession with trading was apparent to The board relented. expansion of the profitable trading business MF Global insiders over his 19-month tenure. in New York came at the expense of its fu- Mr. Corzine compulsively traded for the firm A CURIOUS CAREER MOVE tures clearing operation, which was centered on his BlackBerry during meetings, some- Few would have guessed that Mr. Corzine, in Chicago. To drum up sales, Chicago bro- times dashing out to check on the markets. having led Goldman Sachs before serving in kers were pushed to introduce longtime cli- And unusually for a chief executive, he be- the Senate and as a governor of New Jersey, ents to their counterparts in New York, a came a core member of the group that traded would wind up the chief executive of a little- move that raised tensions. using the firm’s money. His profits and known brokerage house. At times, Mr. Corzine seemed unfamiliar losses appeared on a separate line in docu- At Goldman, which he joined in 1975, the with some aspects of the futures division. In ments with his initials: JSC. young bond trader quickly gained a reputa- June, speaking at the Sandler O’Neill Finan- After joining MF Global, Jon S. Corzine in- tion as someone able to take big risks and cial Services Conference at the St. Regis vested heavily in the debt of troubled Euro- generate big profits. Even after ascending to Hotel in Manhattan, Mr. Corzine stumbled. pean countries. the top of the firm, he kept his own trading ‘‘Right now, if you thought about MF Yet few appeared willing to check Mr. account to make bets with the firm’s capital. Global’s retail business, you probably could Corzine’s trading ambitions. In 1999, Mr. Corzine was ousted from Gold- only think of—’’ he said, then paused to re- The review of his tenure also sheds new man amid a power struggle. call the name of the division at MF Global light on the lack of controls at the firm and By 2010, having suffered a stinging defeat that catered to individual investors. the failure of its watchdogs to curb outsize in his bid for re-election as the Democratic He leaned over to an aide, who told him it risk-taking. The board, according to former governor of New Jersey, Mr. Corzine hoped was Lind-Waldock. employees, signed off on the European bet to resume his career on Wall Street. ‘‘Chief Risk Officer’’

VerDate Mar 15 2010 04:09 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\CR\FM\K14DE7.120 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 14, 2011 CONGRESSIONAL RECORD — HOUSE H8965 ‘‘I consider one of my most important jobs RECESS ting the Commission’s Performance and Ac- to be chief risk officer of our firm,’’ Mr. countability Report for fiscal year 2011; to Corzine told that conference. The SPEAKER pro tempore. Pursu- the Committee on Oversight and Govern- Yet soon after joining MF Global, Mr. ant to clause 12(a) of rule I, the Chair ment Reform. Corzine torpedoed an effort to build a new declares the House in recess subject to 4302. A letter from the Chief Human Cap- risk system, a much-needed overhaul, ac- the call of the Chair. ital Officer, Corporation for National and cording to former employees. (A person fa- Accordingly (at 9 o’clock and 35 min- Community Service, transmitting a report miliar with Mr. Corzine’s thinking said that utes p.m.), the House stood in recess pursuant to the Federal Vacancies Reform he saw the need to upgrade, but that the sys- subject to the call of the Chair. Act of 1998; to the Committee on Oversight tem being proposed was ‘‘unduly expensive’’ and Government Reform. and was focused in part on things the firm f 4303. A letter from the Assistant Secretary, didn’t trade.) b 2339 Legislative Affairs, Department of State, While risk at the firm had been sharply in- transmitting the Department’s Agency Fi- creased with the bet on European sovereign AFTER RECESS nancial Report for Fiscal Year 2011; to the debt, there was a compelling argument for Committee on Oversight and Government Mr. Corzine’s strategy. The recess having expired, the House Reform. MF Global had obtained loans to buy debt was called to order by the Speaker pro 4304. A letter from the Director of Legisla- of Italy, Ireland and other troubled European tempore (Mr. DOLD) at 11 o’clock and 39 tive Affairs, Office of the Director of Na- nations, while simultaneously pledging the minutes p.m. tional Intelligence, transmitting a report bonds as collateral to support the loans. The pursuant to the Federal Vacancies Reform f loans would come due when the bonds ma- Act of 1998; to the Committee on Oversight tured, which would happen no later than the LEAVE OF ABSENCE and Government Reform. end of 2012. MF Global, Mr. Corzine reck- 4305. A letter from the Director of Legisla- oned, would profit on the spread between the By unanimous consent, leave of ab- tive Affairs, Office of the Director of Na- interest paid on the loans and the coupons sence was granted to: tional Intelligence, transmitting 2 reports earned from the bonds. Mr. DIAZ-BALART (at the request of pursuant to the Federal Vacancies Reform But the size of the European position was Mr. CANTOR) for today through Decem- Act of 1998; to the Committee on Oversight making the firm’s top risk officers, Michael ber 16 on account of a family medical and Government Reform. Roseman and Talha Chaudhry, increasingly issue. 4306. A letter from the Delegated the Au- uncomfortable by late 2010, according to peo- thority of the Staff Director, Commission on ple familiar with the situation. They pushed f Civil Rights, transmitting notification that Mr. Corzine to seek approval from the board ADJOURNMENT the Commission recently appointed members if he wanted to expand it. to the Arizona Advisory Committee; to the Mr. Roseman then gave a PowerPoint pres- The SPEAKER pro tempore. Without Committee on the Judiciary. entation for board members, explaining the objection, the House stands adjourned f sovereign debt trade as Mr. Corzine sat a few until 10 a.m. tomorrow for morning- feet away. The presentation made clear the PUBLIC BILLS AND RESOLUTIONS risks, which hinged on the nations not de- hour debate. faulting or the bonds losing so much value There was no objection. Under clause 2 of rule XII, public they caused a cash squeeze. The directors ap- Accordingly (at 11 o’clock and 40 bills and resolutions of the following proved the increase. Mr. Roseman eventually minutes p.m.), under its previous order, titles were introduced and severally re- left the firm. the House adjourned until tomorrow, ferred, as follows: Within MF Global, Mr. Corzine welcomed Thursday, December 15, 2011, at 10 a.m. By Mr. BLUMENAUER (for himself, discussion about his bet and his reasons for Mr. POE of Texas, Mr. PAYNE, Mr. it, though some senior managers said they f BURTON of Indiana, Mr. CARNAHAN, feared confronting such a prominent figure. EXECUTIVE COMMUNICATIONS, Mr. SIRES, Mr. MCCAUL, Mr. BERMAN, Those who did challenge him recall making Mr. MCGOVERN, Mr. CONYERS, Ms. little progress. One senior trader said that ETC. BASS of California, Ms. LEE of Cali- each time he addressed his concerns, the Under clause 2 of rule XIV, executive fornia, and Mr. SMITH of Wash- chief executive would nod with under- communications were taken from the ington): standing but do nothing. Speaker’s table and referred as follows: These concerns were only internal at first H.R. 3658. A bill to strengthen implementa- because, while MF Global had disclosed the 4297. A letter from the Under Secretary of tion of the Senator Paul Simon Water for existence of the transactions in at least one Defense (Comptroller), Associate Director of the Poor Act of 2005, and for other purposes; filing in 2010, it never mentioned the extent National Intelligence, National Geospatial- to the Committee on Foreign Affairs. to which they were used to finance the pur- Intelligence Agency, transmitting a report of By Mr. PAULSEN (for himself, Mr. chase of European debt. a violation of the Antideficiency Act, Na- DAVIS of Kentucky, Mr. BOUSTANY, The firm bought its European sovereign tional Geospatial-Intelligence Agency case Mr. SCHOCK, and Mrs. BLACK): bonds making use of an arcane transaction number 10-04; to the Committee on Appro- H.R. 3659. A bill to reauthorize the program known as repurchase-to-maturity. Repo-to- priations. of block grants to States for temporary as- maturity allowed the company to classify 4298. A letter from the Chairman and Presi- sistance for needy families through fiscal the purchase of the bonds as a sale, rather dent, Export-Import Bank, transmitting a year 2012, and for other purposes; to the than a risky bet subject to the whims of the report on transactions involving U.S. exports Committee on Ways and Means. market. That called to mind an earlier era of to the Kingdom of Saudi Arabia pursuant to By Mr. CARNAHAN (for himself, Mr. trading when firms used repo-to-maturity to Section 2(b)(3) of the Export-Import Bank BURTON of Indiana, Mr. CONNOLLY of finance the purchase of risk-free assets like Act of 1945, as amended; to the Committee on Virginia, Mrs. ELLMERS, Mr. JONES, United States Treasury securities, Mr. Financial Services. and Mr. WELCH): Corzine’s specialty at Goldman many years 4299. A letter from the Assistant Secretary, H.R. 3660. A bill to establish the United earlier. Legislative Affairs, Department of State, States Office for Contingency Operations, ‘‘It’s like a bond trader from 15 years ago transmitting a report concerning methods and for other purposes; to the Committee on went to sleep and suddenly awoke to make employed by the Government of Cuba to Foreign Affairs, and in addition to the Com- these trades,’’ one regulator who later re- comply with the United States-Cuba Sep- mittees on Armed Services, and Oversight viewed the transactions remarked to a col- tember 1994 ‘‘Joint Communique’’ and the and Government Reform, for a period to be league. treatment by the Government of Cuba of per- subsequently determined by the Speaker, in Eventually, MF Global’s auditor, sons returned to Cuba in accordance with the each case for consideration of such provi- PricewaterhouseCoopers, asked Mr. Corzine United States-Cuba May 1995 ‘‘Joint State- sions as fall within the jurisdiction of the to report the European debt exposure to his ment’’, together known as the Migration Ac- committee concerned. investors. He personally met with the ac- cords; to the Committee on Foreign Affairs. By Mr. TIBERI (for himself, Mr. NEAL, counting firm in December 2010, two people 4300. A letter from the Chairman, Broad- Mr. BUCHANAN, Mr. RANGEL, Mr. GER- said, and it was agreed that the transactions casting Board of Governors, transmitting the LACH, Mr. CROWLEY, Mr. TERRY, Mr. would be mentioned in a footnote in the semiannual report on the activities of the PASCRELL, and Mr. CLEAVER): firm’s annual report, which was filed on May Office of Inspector General for the period H.R. 3661. A bill to amend the Internal Rev- 20, 2011. from April 1, 2011 to September 30, 2011, pur- enue Code of 1986 to make permanent and ex- suant to 5 U.S.C. app. (Insp. Gen. Act), sec- pand the temporary minimum credit rate for Mr. Speaker, I thank you very much tion 5(b); to the Committee on Oversight and the low-income housing tax credit program; for the time this evening, I thank my Government Reform. to the Committee on Ways and Means. colleagues and those who are listening, 4301. A letter from the Acting Staff Direc- By Mr. MCKEON (for himself, Mr. RUN- and I yield back my remaining time. tor, Commission on Civil Rights, transmit- YAN, Mr. AKIN, Mr. THORNBERRY, Mrs.

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HARTZLER, Mr. SHUSTER, Mr. AUSTIN mined by the Speaker, in each case for con- By Mr. PAULSEN: SCOTT of Georgia, Mr. ROONEY, Mr. sideration of such provisions as fall within H.R. 3659. ROGERS of Alabama, Mr. TURNER of the jurisdiction of the committee concerned. Congress has the power to enact this legis- Ohio, Mr. PLATTS, Mr. BROOKS, Mr. By Mr. WALZ of Minnesota (for him- lation pursuant to the following: HUNTER, Mr. WEST, Mr. CONAWAY, Mr. self, Mr. BILIRAKIS, and Mr. OWENS): Article I, Section 8, Clause 1 of the United FLEMING, Mr. MILLER of Florida, Mr. H.R. 3670. A bill to require the Transpor- States Constitution, to ‘‘provide for the com- LAMBORN, Mr. KLINE, Mr. RIGELL, Mr. tation Security Administration to comply mon Defence and general Welfare of the WILSON of South Carolina, Mr. YOUNG with the Uniformed Services Employment United States.’’ of Florida, Mr. LOBIONDO, Mr. and Reemployment Rights Act; to the Com- By Mr. CARNAHAN: FRANKS of Arizona, Mr. PALAZZO, and mittee on Homeland Security, and in addi- H.R. 3660. Mrs. BLACKBURN): tion to the Committee on Veterans’ Affairs, Congress has the power to enact this legis- H.R. 3662. A bill to amend the Balanced for a period to be subsequently determined lation pursuant to the following: Budget and Emergency Deficit Control Act by the Speaker, in each case for consider- Article I, Section 1. ‘‘All legislative Powers of 1985 to modify the discretionary spending ation of such provisions as fall within the ju- herein granted shall be vested in a Congress limits to take into account savings resulting risdiction of the committee concerned. of the United States, which shall consist of a from the reduction in the number of Federal By Mr. ROGERS of Kentucky: Senate and a House of Representatives.’’ employees; to the Committee on Oversight H.R. 3671. A bill making consolidated ap- By Mr. TIBERI: and Government Reform, and in addition to propriations for the fiscal year ending Sep- H.R. 3661. the Committee on the Budget, for a period to tember 30, 2012, and for other purposes; to Congress has the power to enact this legis- be subsequently determined by the Speaker, the Committee on Appropriations, and in ad- lation pursuant to the following: in each case for consideration of such provi- dition to the Committee on the Budget, for a This bill makes changes to existing law re- sions as fall within the jurisdiction of the period to be subsequently determined by the lating to Article 1, Section 8 which provides committee concerned. Speaker, in each case for consideration of that ‘‘The Congress shall have Power To lay By Mr. HURT (for himself, Mrs. such provisions as fall within the jurisdic- and collect Taxes, Duties, Imposts and Ex- HARTZLER, Mr. LUETKEMEYER, and tion of the committee concerned. cises, to pay the Debts and provide for the Mr. LANKFORD): By Mr. ROGERS of Kentucky: common Defense and general Welfare of the H.R. 3663. A bill to amend the Federal H.R. 3672. A bill making appropriations for United States; but all Duties, Imposts and Power Act to require the Federal Energy disaster relief requirements for the fiscal Excises shall be uniform throughout the Regulatory Commission to minimize in- year ending September 30, 2012, and for other United States;’’ and Article 1, Section 7 fringement on the exercise and enjoyment of purposes; to the Committee on Appropria- which provides that ‘‘All bills for raising property rights in issuing hydropower li- tions, and in addition to the Committee on Revenue shall originate in the House of Rep- censes, and for other purposes; to the Com- the Budget, for a period to be subsequently resentatives.’’ mittee on Energy and Commerce. determined by the Speaker, in each case for By Mr. McKEON: By Mr. BILBRAY (for himself and Mr. consideration of such provisions as fall with- H.R. 3662. COHEN): in the jurisdiction of the committee con- Congress has the power to enact this legis- H.R. 3664. A bill to provide local commu- cerned. lation pursuant to the following: nities with tools to make solar permitting By Mr. MCKEON: The constitutional authority on which this more efficient, and for other purposes; to the H. Con. Res. 92. Concurrent resolution di- bill rests is the power of Congress to ‘‘pro- Committee on Energy and Commerce, and in recting the Clerk of the House of Representa- vide for the common defense,’’ ‘‘raise and addition to the Committee on Science, tives to correct the enrollment of the bill support armies,’’ and ‘‘provide and maintain Space, and Technology, for a period to be H.R. 1540; considered and agreed to. a navy,’’ as enumerated in Article I, Section subsequently determined by the Speaker, in By Mr. SHUSTER: 8 of the United States Constitution. each case for consideration of such provi- H. Con. Res. 93. Concurrent resolution pro- By Mr. HURT: sions as fall within the jurisdiction of the viding for a correction to the enrollment of H.R. 3663. committee concerned. the bill H.R. 2845; considered and agreed to. Congress has the power to enact this legis- By Ms. DELAURO (for herself, Mr. By Mr. ROGERS of Kentucky: lation pursuant to the following: WELCH, and Mr. BOSWELL): H. Con. Res. 94. Concurrent resolution di- Article I, Section 8, Clause 3 of the Con- H.R. 3665. A bill to require the Commodity recting the Clerk of the House of Representa- stitution of the United States. Futures Trading Commission to impose fees tives to make corrections in the enrollment By Mr. BILBRAY: and assessments to recover the cost of appro- of H.R. 3672; to the Committee on Appropria- H.R. 3664. priations to the Commission; to the Com- tions, and in addition to the Committee on Congress has the power to enact this legis- mittee on Agriculture. House Administration, for a period to be sub- lation pursuant to the following: By Mr. HULTGREN (for himself and sequently determined by the Speaker, in Article 1 Section 8 of the U.S. Constitution Ms. KAPTUR): each case for consideration of such provi- reads in part: To make all Laws which shall H.R. 3666. A bill to direct the Secretary of sions as fall within the jurisdiction of the be necessary and proper for carrying into Transportation to establish a program to as- committee concerned. Execution the foregoing Powers, and all sist veterans to acquire commercial driver’s By Mr. CARTER: other Powers vested by this Constitution in licenses, and for other purposes; to the Com- H. Res. 495. A resolution recognizing the the Government of the United States, or in mittee on Transportation and Infrastruc- November 5, 2009, attack on Fort Hood, any Department or Officer thereof. ture. Texas, as an act of radical Islamic terrorism By Ms. DELAURO: By Mrs. MCMORRIS RODGERS (for and Jihad; to the Committee on Armed Serv- H.R. 3665. herself and Mr. THOMPSON of Cali- ices. Congress has the power to enact this legis- fornia): By Mr. DANIEL E. LUNGREN of Cali- lation pursuant to the following: H.R. 3667. A bill to provide for a Medicare fornia: Article I, Section 8, Clauses 3 and 18 of the primary care graduate medical education H. Res. 496. A resolution adjusting the United States Constitution. pilot project in order to improve access to amount provided for the expenses of certain By Mr. HULTGREN: the primary care workforce; to the Com- committees of the House of Representatives H.R. 3666. mittee on Ways and Means, and in addition in the One Hundred Twelfth Congress; to the Congress has the power to enact this legis- to the Committee on Energy and Commerce, Committee on House Administration. lation pursuant to the following: for a period to be subsequently determined Article 1, Section 8, Clause 18: To make all by the Speaker, in each case for consider- f Laws which shall be necessary and proper for ation of such provisions as fall within the ju- CONSTITUTIONAL AUTHORITY carrying into Execution the foregoing Pow- risdiction of the committee concerned. STATEMENT ers, and all other Powers vested by this Con- By Mr. MEEHAN (for himself and Ms. stitution in the Government of the United LINDA T. SA´ NCHEZ of California): Pursuant to clause 7 of rule XII of States or in any Department or Officer H.R. 3668. A bill to prevent trafficking in the Rules of the House of Representa- thereof. counterfeit drugs; to the Committee on the tives, the following statements are sub- By Mrs. MCMORRIS RODGERS: Judiciary. mitted regarding the specific powers H.R. 3667. By Mr. RENACCI (for himself, Mr. granted to Congress in the Constitu- Congress has the power to enact this legis- QUIGLEY, Mr. BUCSHON, Mr. SCHRA- lation pursuant to the following: tion to enact the accompanying bill or DER, Mr. OWENS, Mr. CARNEY, Mr. The bill is enacted pursuant to the power HIMES, and Mr. WEBSTER): joint resolution. granted to Congress under Article I, Section H.R. 3669. A bill to improve the accuracy By Mr. BLUMENAUER: 8, clause 3 to regulate Commerce with for- and transparency of the Federal budget proc- H.R. 3658. eign nations and among the several States. ess; to the Committee on the Budget, and in Congress has the power to enact this legis- By Mr. MEEHAN: addition to the Committees on Rules, Over- lation pursuant to the following: H.R. 3668. sight and Government Reform, and Ways and Article I, Section 8, Clause 18 of the Con- Congress has the power to enact this legis- Means, for a period to be subsequently deter- stitution. lation pursuant to the following:

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This bill is enacted pursuant to Article I, H.R. 835: Mr. YARMUTH, Mr. HINOJOSA, Mrs. H.R. 2966: Ms. ROS-LEHTINEN, Mr. DEFAZIO, Section 8, Clause 3 of the Constitution of the CAPITO, Mr. MARKEY, Mr. CUMMINGS, Mr. Mr. SMITH of Washington, Mr. WITTMAN, and United States and Article I, Section 8, MEEKS, Mr. WHITFIELD, Ms. ROS-LEHTINEN, Mr. QUIGLEY. Clause 18 of the Constitution of the United Mr. WITTMAN, and Mr. QUIGLEY. H.R. 2969: Mr. CICILLINE. States. H.R. 938: Mr. CARNAHAN, Mr. HINOJOSA, and H.R. 2982: Mr. BURTON of Indiana. By Mr. RENACCI: Mr. SCOTT of Virginia. H.R. 3001: Mr. HUIZENGA of Michigan, Mr. H.R. 3669. H.R. 995: Mr. KEATING. MARINO, Mr. ROSKAM, Mr. SMITH of New Jer- Congress has the power to enact this legis- H.R. 1044: Mr. SCHOCK. sey, Mr. DIAZ-BALART, Mrs. LUMMIS, Mrs. lation pursuant to the following: H.R. 1063: Mrs. MCMORRIS RODGERS and Mr. SCHMIDT, Mr. BROOKS, Mr. FLORES, Mr. GOH- Article 1, Section 9, Clause 7 of the United SHIMKUS. MERT, Mr. GINGREY of Georgia, Mr. ACKER- States Constitution, and Article 1, Section 8, H.R. 1130: Mr. HOLT. MAN, Mr. MANZULLO, Mr. SIRES, Mrs. NAPOLI- Clause 1 of the United States Constitution. H.R. 1134: Mr. SCOTT of South Carolina. TANO, Mr. MILLER of North Carolina, and Mr. By Mr. WALZ of Minnesota: H.R. 1148: Mr. GUINTA, Mr. CLAY, and Ms. SCHILLING. H.R. 3670. EDDIE BERNICE JOHNSON of Texas. H.R. 3003: Mr. WALDEN. Congress has the power to enact this legis- H.R. 1154: Mr. GONZALEZ. H.R. 3020: Mr. DIAZ-BALART. lation pursuant to the following: H.R. 1175: Mr. DUFFY and Mr. LONG. H.R. 3053: Mr. REYES. This bill is enacted pursuant to the power H.R. 1181: Mr. BOUSTANY. H.R. 3059: Mr. YOUNG of Florida. granted to Congress under Article I, Section H.R. 1206: Mrs. ELLMERS. H.R. 3096: Mr. ROE of Tennessee, Mr. 8 of the United States Constitution. H.R. 1265: Mr. DIAZ-BALART and Mr. GARD- DESJARLAIS, Mr. WILSON of South Carolina, By Mr. ROGERS of Kentucky: NER. Mrs. LUMMIS, Mr. DUNCAN of South Carolina, H.R. 3671. H.R. 1288: Mr. HANNA and Mr. FRANK of and Mr. MARCHANT. Congress has the power to enact this legis- Massachusetts. H.R. 3145: Mrs. LOWEY. lation pursuant to the following: H.R. 1289: Ms. LEE of California. H.R. 3159: Mrs. LOWEY. The principal constitutional authority for H.R. 1426: Mr. MCCOTTER. H.R. 3200: Mr. SCOTT of Virginia. this legislation is clause 7 of section 9 of ar- H.R. 1477: Mr. THOMPSON of California. H.R. 3207: Mr. TIBERI. ticle I of the Constitution of the United H.R. 1509: Mr. LANCE. H.R. 3221: Ms. CHU. States (the appropriation power), which H.R. 1511: Mr. PLATTS, Mr. BUCSHON, Ms. H.R. 3266: Ms. SCHAKOWSKY. states: ‘‘No Money shall be drawn from the SCHWARTZ, and Mr. NUNNELEE. H.R. 3307: Mr. OWENS. Treasury, but in Consequence of Appropria- H.R. 1529: Ms. HOCHUL. H.R. 3359: Mr. PETERS. tions made by Law . . . .’’ In addition, clause H.R. 1558: Mr. BERG. H.R. 3366: Mr. LEWIS of Georgia. H.R. 3418: Mr. ENGEL. 1 of section 8 of article I of the Constitution H.R. 1578: Mr. CONYERS. H.R. 3435: Mr. CONNOLLY of Virginia, Mr. (the spending power) provides: ‘‘The Con- H.R. 1604: Mr. DANIEL E. LUNGREN of Cali- ACKERMAN, Mr. PASTOR of Arizona, Mr. TIER- gress shall have the Power . . . to pay the fornia. NEY, Mr. AL GREEN of Texas, Mr. SABLAN, Debts and provide for the common Defence H.R. 1614: Mr. DUFFY and Ms. CLARKE of and Mr. PAYNE. and general Welfare of the United States New York. H.R. 3440: Mr. HECK and Mr. NUNNELEE. . . . .’’ Together, these specific constitu- H.R. 1653: Mr. MURPHY of Connecticut and H.R. 3454: Mr. BROOKS. tional provisions establish the congressional Mr. THOMPSON of California. H.R. 3465: Mr. LYNCH. power of the purse, granting Congress the H.R. 1697: Mrs. MILLER of Michigan. H.R. 3466: Mr. PAYNE. authority to appropriate funds, to determine H.R. 1704: Mr. ENGEL and Mrs. BIGGERT. H.R. 3480: Mr. PALAZZO and Mr. MCKINLEY. their purpose, amount, and period of avail- H.R. 1738: Mr. ENGEL. H.R. 3483: Mr. MICHAUD. ability, and to set forth terms and conditions H.R. 1739: Mr. QUIGLEY. H.R. 3484: Mr. GARAMENDI, Mr. WAXMAN, governing their use. H.R. 1802: Mr. ADERHOLT and Mr. BONNER. Ms. ROYBAL-ALLARD, Ms. HAHN, Ms. WOOL- By Mr. ROGERS of Kentucky: H.R. 1834: Mr. OLSON. SEY, Mr. THOMPSON of California, Mr. SCHIFF, H.R. 3672. H.R. 1862: Mr. BURGESS. Mr. GEORGE MILLER of California, Ms. RICH- Congress has the power to enact this legis- H.R. 1878: Ms. NORTON. ARDSON, Ms. ESHOO, Ms. MATSUI, and Ms. LO- lation pursuant to the following: H.R. 1897: Mr. GONZALEZ. RETTA SANCHEZ of California. The principal constitutional authority for H.R. 1956: Mr. PAULSEN. H.R. 1960: Mr. SCALISE. H.R. 3485: Mr. BACA. this legislation is clause 7 of section 9 of ar- H.R. 1964: Mr. AUSTIN SCOTT of Georgia. H.R. 3506: Mr. YOUNG of Florida. ticle I of the Constitution of the United H.R. 1981: Mr. KLINE. H.R. 3510: Mr. FORTENBERRY, Mr. RUSH, and States (the appropriation power), which H.R. 2028: Mr. HOLT. Mr. BISHOP of New York. states: ‘‘No Money shall be drawn from the H.R. 2059: Mr. WITTMAN. H.R. 3521: Mr. AKIN and Mr. JOHNSON of Illi- Treasury, but in Consequence of Appropria- H.R. 2069: Mr. WEBSTER. nois. tions made by Law . . . .’’ In addition, clause H.R. 2086: Mrs. MCCARTHY of New York and H.R. 3533: Mr. GARAMENDI, Mr. RYAN of 1 of section 8 of article I of the Constitution Ms. SPEIER. Ohio, Mr. VISCLOSKY, Ms. DELAURO, Mr. (the spending power) provides: ‘‘The Con- H.R. 2198: Mr. FINCHER. GEORGE MILLER of California, Ms. LINDA T. gress shall have the Power . . . to pay the H.R. 2284: Mr. COSTA. SA´ NCHEZ of California, Mr. LOEBSACK, Mr. Debts and provide for the common Defence H.R. 2313: Mr. BUCHANAN, Mrs. ELLMERS, MURPHY of Connecticut, Ms. SLAUGHTER, and and general Welfare of the United States and Mr. YOUNG of Florida. Mr. CRITZ. . . . .’’ Together, these specific constitu- H.R. 2334: Mr. HIMES. H.R. 3542: Ms. BASS of California, Mr. BLU- tional provisions establish the congressional H.R. 2366: Mr. LANCE. MENAUER, Mr. CONYERS, Mr. KUCINICH, and power of the purse, granting Congress the H.R. 2412: Mr. MCCARTHY of California. Ms. WATERS. authority to appropriate funds, to determine H.R. 2479: Mr. LEWIS of Georgia. H.R. 3548: Mr. LANKFORD. their purpose, amount, and period of avail- H.R. 2485: Mr. BISHOP of New York. H.R. 3550: Mr. YOUNG of Florida. ability, and to set forth terms and conditions H.R. 2492: Ms. SCHWARTZ, Mr. SMITH of H.R. 3568: Mr. MORAN and Mr. GRIJALVA. governing their use. Washington, Mr. DICKS, Mr. ROE of Ten- H.R. 3569: Mr. PETERS on, Ms. LEE of Cali- f nessee, Mr. PAULSEN, Mr. YARMUTH, Mrs. fornia, Mr. YOUNG of Alaska, Mr. PIERLUISI, CAPITO, Mr. CUMMINGS, Mr. MEEKS, Mr. Mr. GENE GREEN of Texas, Mr. REYES, Mr. ADDITIONAL SPONSORS TONKO, Mr. MARKEY, Mr. MICHAUD, Mr. HINOJOSA, Mr. HONDA, Mr. CUELLAR, Ms. Under clause 7 of rule XII, sponsors DEFAZIO, and Mr. SCHIFF. RICHARDSON, Mr. LARSON of Connecticut, Mr. AL GREEN of Texas, Mr. CLAY, Mr. CLEAVER, were added to public bills and resolu- H.R. 2499: Ms. CHU. H.R. 2505: Mr. THOMPSON of Pennsylvania Mr. SIRES, Mr. FATTAH, Mr. BOREN, Mr. tions as follows: and Mr. KLINE. COSTA, Mr. RAHALL, Mr. YARMUTH, Mr. PERL- H.R. 190: Mr. DOYLE. H.R. 2513: Mr. GONZALEZ. MUTTER, Mr. SHULER, Mr. CARDOZA, Mr. H.R. 210: Mr. FATTAH and Mr. LEWIS of H.R. 2514: Mrs. MILLER of Michigan. BECERRA, Mr. GONZALEZ, Mr. DAVID SCOTT of Georgia. H.R. 2528: Mr. ROGERS of Michigan and Mr. Georgia, Mr. BRALEY of Iowa, Mr. RICHMOND, H.R. 376: Mr. PLATTS. FARENTHOLD. Mr. JACKSON of Illinois, Mr. CARSON of Indi- H.R. 420: Mr. YOUNG of Florida. H.R. 2536: Mr. CONNOLLY of Virginia, Ms. ana, Mr. SABLAN, Mrs. NAPOLITANO, Mr. PAL- H.R. 476: Mr. MARCHANT. NORTON, and Mr. ENGEL. LONE, Mr. GRIJALVA, Mr. BERMAN, Mr. COHEN, H.R. 507: Mr. CONNOLLY of Virginia, Mrs. H.R. 2770: Mr. BERG. Mr. ANDREWS, Mr. MEEKS, Mr. ROSS of Ar- BIGGERT, Mr. ENGEL, and Mr. CARNAHAN. H.R. 2809: Mr. GRIJALVA, Mr. CONYERS, Mr. kansas, Mr. RANGEL, Mr. BRADY of Pennsyl- H.R. 640: Mr. MCDERMOTT. SIRES, and Mr. MORAN. vania, Mr. TOWNS, and Ms. ROYBAL-ALLARD. H.R. 654: Mr. DEFAZIO. H.R. 2866: Ms. CLARKE of New York. H.R. 3575: Mr. ROKITA. H.R. 665: Mr. DANIEL E. LUNGREN of Cali- H.R. 2874: Mr. WITTMAN. H.R. 3577: Mr. KINZINGER of Illinois, Mr. fornia and Mr. FARENTHOLD. H.R. 2898: Mr. POMPEO. SENSENBRENNER, and Mr. PAULSEN. H.R. 719: Mr. SHULER. H.R. 2948: Mr. ENGEL. H.R. 3583: Mr. JOHNSON of Illinois, Mr. LAB- H.R. 750: Mr. AMODEI. H.R. 2954: Mr. PASTOR of Arizona. RADOR, Mr. RIBBLE, Mrs. BLACKBURN, and Mr. H.R. 805: Mr. GONZALEZ. H.R. 2959: Mr. FARENTHOLD. ROKITA.

VerDate Mar 15 2010 04:09 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A14DE7.052 H14DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H8968 CONGRESSIONAL RECORD — HOUSE December 14, 2011 H.R. 3589: Mr. HULTGREN, Mr. HONDA, and H. Res. 456: Mr. RANGEL. limited tax benefits, or limited tariff Mr. ROSKAM. H. Res. 460: Mr. JOHNSON of Illinois, Mr. benefits were submitted as follows: H.R. 3596: Mr. GRIMM. BACA, Mr. PASTOR of Arizona, Mr. MARINO, H.R. 3608: Mr. LAMBORN. Mrs. ELLMERS, Ms. SPEIER, and Mr. SIRES. OFFERED BY MR. ROGERS OF KENTUCKY H.R. 3609: Mr. CHAFFETZ. H. Res. 474: Mr. CARNAHAN and Mr. COS- H.R. 3626: Mr. LEWIS of Georgia, Mr. HIG- TELLO. H.R. 3671, the Consolidated Appropriations GINS, Mr. MCGOVERN, Ms. CHU, and Mr. H. Res. 489: Mr. HENSARLING, Mr. HUIZENGA Act, 2012, does not contain any congressional PAYNE. of Michigan, Mr. MCINTYRE, Mr. BACHUS, Mr. earmarks, limited tax benefits, or limited OUNG RAVAACK OE H.R. 3638: Ms. BASS of California, Mrs. Y of Florida, Mr. C , Mr. R of tariff benefits as defined in clause 9 of rule Tennessee, Mrs. BLACKBURN, Mr. GOODLATTE, CHRISTENSEN, Mr. CONYERS, Mr. FILNER, Mr. XXI. Mr. KING of Iowa, Mr. GOHMERT, Mr. WEST- JACKSON of Illinois, Mr. KUCINICH, Ms. LEE of MORELAND, Mr. MULVANEY, Mr. FLORES, Mr. California, Mr. MCGOVERN, and Ms. WOOLSEY. OFFERED BY MR. CAMP MARCHANT, Mr. STUTZMAN, Mrs. LUMMIS, Mr. H.R. 3643: Mr. CHANDLER. WILSON of South Carolina, Mr. PRICE of Geor- The provisions that warranted a referral to H.J. Res. 88: Mr. GRIJALVA. gia, Mr. BROOKS, Mr. MANZULLO, Mr. AUSTIN the Committee on Ways and Means in the H.J. Res. 90: Mr. GRIJALVA, Ms. LEE of Cali- SCOTT of Georgia, Mr. DESJARLAIS, Mr. fornia, and Mr. JOHNSON of Georgia. Welfare Integrity and Data Improvement Act BARTLETT, Mr. FRANKS of Arizona, Mr. H. Con. Res. 63: Mr. WALZ of Minnesota. do not contain any congressional earmarks, HUELSKAMP, Mr. MILLER of Florida, and Mr. H. Con. Res. 85: Mr. HINOJOSA, Ms. ROYBAL- limited tax benefits, or limited tariff bene- KELLY. ALLARD, Mr. BRADY of Pennsylvania, and fits as defined in clause 9 of rule XXI. H. Res. 492: Mr. BURTON of Indiana. Mrs. CAPPS. OFFERED BY MR. ROGERS OF KENTUCKY H. Con. Res. 87: Mr. JONES. f H. Res. 111: Mr. GRIMM. CONGRESSIONAL EARMARKS, LIM- H.R. 3672, the Disaster Relief Appropria- H. Res. 253: Mr. PLATTS, Mr. JOHNSON of ITED TAX BENEFITS, OR LIM- tions Act, 2012, does not contain any congres- Ohio, and Mr. WITTMAN. ITED TARIFF BENEFITS sional earmarks, limited tax benefits, or lim- H. Res. 298: Mr. CONNOLLY of Virginia, Ms. ited tariff benefits as defined in clause 9 of CHU, and Ms. SCHAKOWSKY. Under clause 9 of rule XXI, lists or rule XXI. H. Res. 304: Mr. SMITH of New Jersey. statements on congressional earmarks,

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Vol. 157 WASHINGTON, WEDNESDAY, DECEMBER 14, 2011 No. 192 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- they will be scrambling to afford the called to order by the Honorable BRAND, a Senator from the State of New necessities because of Republican ob- KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. structionism that Americans don’t un- the State of New York. DANIEL K. INOUYE, derstand. President pro tempore. It has become the Republican fall- PRAYER Mrs. GILLIBRAND thereupon as- back play: Waste precious time cater- The Chaplain, Dr. Barry C. Black, of- sumed the Chair as Acting President ing to tea party extremists when they fered the following prayer: pro tempore. could be working with Democrats to Let us pray. f compromise. Republican leaders have already Eternal and ever blessed God, RESERVATION OF LEADER TIME strengthen our Senators today to walk spent weeks drumming up tea party in Your steps. Help them to walk in The ACTING PRESIDENT pro tem- support for legislation they knew was Your humility so that they will strive pore. Under the previous order, the dead on arrival in the Senate. Now it is to serve. Help them to walk in Your leadership time is reserved. time to get this vote over with so real courage so that nothing will deflect f negotiations can begin to prevent a tax them from the path of integrity. Help increase on 160 million middle-class RECOGNITION OF THE MAJORITY Americans. them to walk in Your endurance so LEADER that discouragement will not hinder This morning I will ask unanimous them from reaching laudable goals. The ACTING PRESIDENT pro tem- consent to vote on the House-passed Help them to walk in Your loyalty so pore. The majority leader is recog- bill. Democrats were ready to vote on that nothing will destroy their devo- nized. this legislation last night, but I can’t tion to You. f set a vote at this time under Senate Lord, place Your truth in their procedures without Senator MCCON- SCHEDULE minds, Your love in their hearts, and NELL’s approval. Even though we al- Your kindness on their lips. Mr. REID. Madam President, fol- ready knew the bill was dead, Senator We pray in Your merciful Name. lowing leader remarks, the Senate will MCCONNELL wasn’t ready to hold a vote Amen. be in a period of morning business for on it last night. That is an about-face from just a few f 1 hour with the majority controlling the first half and the Republicans con- hours before—even as recently as yes- PLEDGE OF ALLEGIANCE trolling the final half. terday morning, Tuesday morning— The Honorable KIRSTEN E. GILLI- Following that morning business, the and on Monday, for example, when Sen- BRAND led the Pledge of Allegiance as Senate will resume consideration of ator MCCONNELL urged us to take up follows: S.J. Res. 10 and S.J. Res. 24. Both of the House bill as soon as possible. I pledge allegiance to the Flag of the these resolutions regard the balanced This is what he said: United States of America, and to the Repub- budget amendment. At approximately My suggestion is that once this legislation lic for which it stands, one nation under God, 10:45, there will be two votes on those comes over from the House, we pass it with- indivisible, with liberty and justice for all. resolutions. out delay. f We also hope to consider the Depart- That is what I tried to do last night— ment of Defense authorization con- not pass it but at least have a vote on APPOINTMENT OF ACTING it. PRESIDENT PRO TEMPORE ference report today as well as the House Republican payroll tax bill. Senator MCCONNELL repeated that The PRESIDING OFFICER. The call yesterday morning—Tuesday clerk will please read a communication f morning. Here is what he said yester- to the Senate from the President pro PROTECTING MIDDLE-CLASS day morning: tempore (Mr. INOUYE). WORKERS I would suggest that our friends put the po- The assistant legislative clerk read litical games aside and give the American Mr. REID. Madam President, this has the following letter: people the certainty and the jobs that they become a familiar scene on Capitol deserve. Take up the House bill, pass it right U.S. SENATE, Hill. As time ticks down to the wire, here in the Senate, and send it to the Presi- PRESIDENT PRO TEMPORE, Washington, DC, December 14, 2011. the House has sent the Senate yet an- dent . . . without theatrics and without To the Senate: other bill that will not pass. Mean- delay. Under the provisions of rule I, paragraph 3, while, American families stare down a Then yesterday afternoon Senator of the Standing Rules of the Senate, I hereby $1,000 tax increase, and on January 1 MCCONNELL said:

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

S8555

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VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.000 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8556 CONGRESSIONAL RECORD — SENATE December 14, 2011 The first thing we need to find out is compromise. As I told the Speaker payroll tax cut extension in the Sen- whether there are the votes in the Senate to Monday and as I spoke on the floor yes- ate. So we ought to finish our most im- pass what the House has passed. terday and I have said this to my mediate concern first. So I say to my friend the Republican friend the Republican leader the House Let me repeat that our friends across leader let’s find out whether he has the can’t pass legislation that will succeed the aisle have no plan, and some might votes in the Senate to pass what the over here unless they get Democrats to suggest no desire, to pass a payroll tax House has passed. Let’s vote on this support their legislation. We cannot cut extension—the President’s top pri- now. We knew Monday the bill pass legislation here because of how ority—extend unemployment insurance wouldn’t pass the Senate, we also knew the Republicans have set not a major- or ensure seniors’ access to medical yesterday this bill wouldn’t pass the ity rule but we have to get 60 votes. We care. They have made no attempt at all Senate, and we still know it will not can’t get 60 votes unless we get Repub- to produce a bill that can pass the Sen- pass the Senate. lican assistance. So we need to com- ate. It is their responsibility in the ma- Here is why this legislation is a non- promise. Legislation is there to com- jority to do that. Instead, we have starter. I will give 3 of about 33 rea- promise, but it might take a little wasted week after week after week on sons: The bill cuts unemployment ben- more time. Republicans should give one senseless show vote after another— efits for 1 million Americans at a time Congress a few more days to finish its votes that one member in the Demo- when there are not jobs for one out of job rather than rushing home for vaca- cratic Senate leadership recently ad- every four people seeking work. It tion. mitted were designed solely to score weakens safeguards that keep our air I have already talked about the im- points on millionaires. clean and our children healthy, and the portance of doing this legislation as So let’s deal first with the deadline President has already threatened to quickly as we can. I think it is ex- that happens this Friday, 2 days from veto it. In fact, he said he will veto it. tremely important, and we understand now—fund the government through the Legislation written to appeal only to rest of the fiscal year—and then turn the extreme rightwing of the Repub- that it could be done—the vote could immediately to the payroll tax exten- lican Party can’t pass the Senate. Re- take place, and it would take 20 min- sion that expires later in January, and publicans will see that again, whenever utes to do that. let’s pass the job-creating and job-sav- they allow us to vote on this legisla- f ing measures the House has passed. tion that my friend, the Republican UNANIMOUS CONSENT REQUESTS Therefore, Madam President, I ask leader, said let’s vote on right away. Mr. REID. Madam President, I ask unanimous consent to modify the ma- Right away was last night. unanimous consent that following the So let’s get this vote over with. Then jority leader’s request to say as fol- two scheduled votes in the Senate, we we can begin serious negotiations on lows: that the Senate would turn to the how to prevent a $1,000 tax hike on proceed to the consideration of H.R. consideration of the House bill relating American families. The sooner we put 3630, which is the House-passed legisla- to the payroll tax repeal extension im- this useless, partisan charade behind tion—the House-passed legislation mediately after the Senate passes a us, the sooner we can negotiate a true that, out of 435 Members of Congress, conference report or a bill received bipartisan solution that protects mid- got 10 Democratic votes—that there be from the House that funds the govern- dle-class workers. 2 hours of debate equally divided be- ment through the end of the fiscal Madam President, there has been a tween the two leaders or their des- year. lot of talk about let’s get to the omni- ignees prior to a vote on passage of the The ACTING PRESIDENT pro tem- bus, and let’s pass it. However, it is not bill; that no amendments be in order pore. Does the majority leader so mod- complete. There are major issues. We prior to a vote on passage, and that the ify the request? have made significant progress. There vote on passage be subject to a 60-vote Mr. REID. Reserving the right to ob- are still critical issues to be ironed out. threshold—which my friend, the Re- ject, my friend is living in a world of There are issues that deal with foreign publican leader, seems to believe is the nonreality. Let’s look for a way out. policy. There are issues that deal with standard around here anymore—fur- The House of Representatives, which the environment. There are issues that ther, that if the bill is not passed, it re- has a significant majority of Repub- deal with—we have about seven or main the pending business, and that licans, last week couldn’t even pass a eight—what some would refer to as following I be recognized. bill. That was in all the press. They game stoppers. We could complete that The ACTING PRESIDENT pro tem- couldn’t get the votes. So what they work, but it is something that is not pore. Is there objection? did, in an effort to placate the far right done now. The Republican leader. so they could pass a bill with Repub- There is no reason, while that work Mr. MCCONNELL. Madam President, lican votes, they stuck in a bunch of is continuing, to hold up the middle- reserving the right to object, our most issues that are hard to comprehend— class tax cut. Congress is not going to immediate concern at this point is that issues dealing with the environment go home for vacation—remember, the despite Federal funding expiring 2 days that have nothing to do with this bill. bill that some want to pass, the omni- from now—Friday night—my friend the Even a Republican Senator said that bus bill, takes care of us, it takes care majority leader is blocking action on bill, standing alone, looks OK, but of legislators. It has Legislative the funding bill to keep the govern- jammed in with everything else it Branch appropriations in it. So we ment open. That is our most imme- doesn’t look so good. They should be shouldn’t go home until we finish the diate concern, and we should address it separate issues. business of the American people. first because the deadline is literally We have issues on the so-called omni- Preventing a $1,000 tax increase on just 2 days away. That comes first. bus or spending bill that have not yet American families is the most pressing My good friend the majority leader been resolved, one dealing with Cuba, a business we have, and we are not going has said shutting the government down very important piece of legislation in to allow Republicans in Congress to would be extreme and that it is too the minds of many Senators. One of the take care of themselves without taking risky to even entertain, and that issue Senators who believes so strongly that care of middle-class families as well. is just 2 days away. Everyone knows this provision should be taken out is a We hope to complete this important the truth is that the bill would fund Republican Senator from Florida. We work soon—this week. If we can’t, we our troops, our border security, and the have issues dealing with the environ- should pass a short continuing resolu- remaining funding for the rest of the ment which are extremely important: tion to keep the government open fiscal year, and it is ready to go. They light bulbs, coal, and many other while we work through each com- were prepared to sign the conference issues that haven’t been resolved in promise. We have passed short-term report earlier this week until leader- this so-called omnibus. CRs many times before, and we should ship on this side said don’t sign the re- So, Madam President, I think every- do it again if that is what it takes to port. one can see very clearly that my prevent a tax on the middle class. There is agreement on the funding friends on the other side of the aisle The bottom line is this: It is time for bill but no agreement and no plan at obviously want to have the government the two sides to come together and all about how we are going to pass the shut down.

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.001 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8557 As I have said before, and I will say get our work done. The work is done on votes on real bills that we are supposed again, they have had experience doing the appropriations conference report. to pass. this. The presumptive Republican We ought to get signatures on it, and So here we are once again. Three nominee Newt Gingrich tried that once we ought to pass it, and we ought to do years this Democratic Senate has not and it didn’t work so well. So I don’t it in the next 2 days. passed a budget. Three years we have think it is going to work very well Now, Madam President, there were a ended up either in omnibus or CR situ- again. Everyone knows why the gov- series of other competing UCs here, and ations. And here we are again. ernment is going to shut down, if, in I am a little confused as to where we Now the appropriators in the House fact, it does. are. and Senate have labored long and hard. We have 160 million Americans who Mr. REID addressed the Chair. A couple days ago, they said they were are out there cheering for us—cheering The ACTING PRESIDENT pro tem- ready to sign the report. My good for us—that we can get them the tax pore. The majority leader. friend the majority leader and the relief they deserve. We have well more Mr. MCCONNELL. I object to that President said: Don’t let them sign the than 1 million Americans who have one, by the way, the last one we were report. We might actually have to pass been out of work for a long period of discussing. the bill—a mysterious strategy to me. time who are cheering for us. We have The ACTING PRESIDENT pro tem- All I am saying here is, first things businesspeople out there who are pore. Objection is heard. first. If the majority leader is con- cheering for us, that there are certain Mr. REID. Madam President, I know vinced the House-passed bill is DOA, tax benefits that are important to cre- Congressman MORAN. He is a fine man why doesn’t he start talking to the ating jobs that we need to do before we who has been in Congress many, many Speaker about how we might actually leave here. years. But he should step over here and craft a bill that can pass both the Re- So, Madam President, I object and talk to Senator MENENDEZ or MARCO publican House and the Democratic ask unanimous consent that if the Sen- RUBIO and see how they feel about Cuba Senate and quit wasting our time here ate receives from the House a bill that and the language in that bill that in the Senate scoring points? A govern- continues funding for the Federal Gov- changes things in relation to how they ment shutdown is 2 days away. ernment through December 21, 2011, it feel, which dramatically changes our So first things first. Let’s keep the be in order for the majority leader, in relationship with Cuba, or how about government from shutting down. These consultation with the Republican lead- the chairman of the Environment Com- other measures do not expire until the er, to proceed to the bill; further, that mittee, BARBARA BOXER. See how she end of the month. If the majority lead- the bill be read three times and passed, feels about going back, in effect, to er is correct that the House bill will all with no intervening action or de- some saying the Dark Ages, changing not pass the Senate, why doesn’t he bate. lightbulbs, or how about dealing with talk to the Speaker and work out The ACTING PRESIDENT pro tem- other environmental issues, dealing something that can pass on a bipar- pore. Objection is heard for the first re- with coal. How about talking to some tisan basis because, regretfully, I quest. of the other Senators on that com- would say to my friend the majority Is there objection to the second re- mittee. leader, the Republicans control the quest? The bill is not complete. I think we House. The Democrats control the Sen- Mr. MCCONNELL. Madam President, could complete it very quickly if peo- ate, unfortunately, from my point of I am not sure what the majority leader ple sat down and focused on what we view. This has to be worked out. just said. need to do to get out of here. But now The last time I looked, Christmas is Mr. REID. Madam President, what I it has not been completed. I do not care a week from Sunday. Time is a-wast- said is, I ask that if we get a bill from what JIM MORAN says or what MITCH ing. We have fiddled all year long—all the House to have a CR, a continuing MCCONNELL says, the bill is not com- year long, one point-scoring bill after resolution, for another few days, that pleted. another, designed to fail, designed to we be allowed to take it up. Under the But, Madam President, what is obvi- divide us, designed to get no result, to rules of the Senate and the Congress, I ously extremely clear, which is ex- give the President a talking point out cannot initiate a CR here. It is a tax tremely clear here, my friend the Re- on the campaign trail—and here we measure and constitutionally has to publican leader has talked for days—I are, a few days before Christmas, and start over there. So I have said that if went through what he said on Monday, the silliness continues. the Senate receives from the House a what he said on two separate occasions Now, if my friend the majority leader bill that continues funding for the Fed- on Tuesday: Let’s vote on this bill now. is so convinced the House-passed bill eral Government—I said through De- That is what he said. It is obvious that cannot pass the Senate, I would say cember 21—any reasonable time is fine something has happened in the last few again, talk to the Speaker and work with me—it be in order for me, after I hours that suddenly they do not want out something that can pass both the talk to the Republican leader, to pro- to vote on their own bill. House and the Senate. Time is a-wast- ceed to the bill. Keep this in mind: The House has ing. Mr. MCCONNELL. Madam President, passed a bill that I have said and non- The ACTING PRESIDENT pro tem- reserving the right to object, we do not Democrats have said is a dead duck, pore. The majority leader. need to do that. DOA, dead on arrival. It is here. It is Mr. REID. Madam President, talk Representative JIM MORAN, Democrat dead. And they do not want to vote on about a diversion—that is what we just of Virginia, one of the top members on it. Do you think maybe they do not heard. My friend the Republican leader the House Appropriations Committee, want to vote on it because Republican has talked from the very beginning of said this yesterday: Senators are kind of embarrassed or this Congress that his No. 1 goal is to Our bill is done, and it should go to the ashamed of what is in that bill? I would defeat Obama for reelection. That is president immediately. . . . We’re not hold- think so. not looking so good. Romney is stum- ing it up. . . . I can’t speak for HARRY REID. Mr. MCCONNELL. Madam President, bling, Gingrich is plodding along, head- I can’t speak for him. As far as I’m con- I would say, speaking of embarrass- ing now everyplace. cerned, it should be done. ment, it is that we are doing an omni- But, Madam President, because the A government shutdown is 2 days bus again. The reason we are doing an Republican leader has caused us—be- away. We have an agreement based on omnibus again here on the eve of cause we have the rules in the Senate, what all the appropriators on the con- Christmas is because we have not which I accept—has caused us to focus ference report are saying. We can pass passed our appropriations bills. We all of our attention on my friend trying that and do first things first—prevent a have had almost as many show votes in to make sure the President is not re- government shutdown. I agree with the the Senate this year, roughly an equal elected, we have spent months and majority leader, a government shut- number of show votes—in other words, months on things that were ordinarily down is a terrible idea. He has said designed to fail, to go nowhere, to done just like that. that repeatedly. We have all said it re- present a talking point for the Presi- Funding the government—we had nu- peatedly. The way to avoid that is to dent in his campaign—as we have had merous CRs for very short periods of

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.002 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8558 CONGRESSIONAL RECORD — SENATE December 14, 2011 time. Finally, we were able to get that such a Christmas tree that we knew it tion in DC are not easy to settle and done. Then came the debt ceiling, and could not pass. And he knew it could have not been settled yet. we spent 3 months on that—3 months not pass. We know why he did it. He did So we kill the bill the House sent to of wasting time here in the Senate. it because he could not get enough Re- us—we vote on it. It will die. We know Never have we done that. As I indi- publican votes in his caucus without it does not have the votes. It probably cated and has been spread on the all of these killer amendments to get it does not have even the unanimous sup- record of this body many, many times, through. He could not get it through port on the Republican side. I would under Ronald Reagan, the debt ceiling without those amendments. bet that is pretty likely. We do a short- was raised 18 times just like that. So the Republican leader says: Well, term CR. We fund the government for a Also, Madam President, anyone who if we know it cannot pass, why don’t period of time. And we have earnest ne- understands Washington—and there we start negotiating? There is one gotiations that will produce both mid- are a lot more people who understand point here. We do not have to convince dle-class tax relief and a funding reso- Washington than the people who are in Speaker BOEHNER to start negotiating. lution for the government. We should this Chamber—my friend says: have He knows that. But we have to con- negotiate the two measures together him—me—go deal with the Speaker. vince the hundred votes in his caucus because, as the leader said, you cannot Well, the issue there is kind of stun- who do not believe we should give mid- pass them without both Democratic ning how my friend has said this: Go dle-class tax relief, who are wedded to and Republican votes in either Cham- talk to the Speaker. Everyone knows these amendments that will kill the ber. Obviously, in this Chamber, there the Speaker cannot move forward with bill here in the Senate because they are are not 60 votes without Republican any negotiations until this bill is de- so unpalatable. It is not 1 or 2 amend- support. And in the other Chamber— feated here, period. Obviously, that is ments; it is 10 or 12 or 15 amendments. because too many people are against the case. The Speaker cannot negotiate We need to show those hundred that even the agreement, too many on the with me until this bill is killed. this bill cannot pass. Republican side are against the agree- So I repeat, the spending bill my We have to give middle-class tax re- ment we had for $1.04 trillion in spend- friend the Republican leader complains lief, and we have to fund the govern- ing—they will need Democratic votes. about is not completed. The issue fac- ment. So why wouldn’t we vote on it Mrs. MCCASKILL. Madam President, ing the American people is whether now, dispose of it, and move on with could I ask a question of the Senator they are going to have tax relief the the ultimate negotiations which will from New York through the Chair? Democrats want to give them or talk in tandem about funding the gov- Mr. SCHUMER. I would be happy to whether they are going to face a shut- ernment long term and middle-class yield to my colleague. down that was first made very unpopu- tax relief? Mrs. MCCASKILL. I am confused. lar by Newt Gingrich. And there is Now, why don’t our colleagues on the The House passed a bill last night and going to be another one that will be other side of the aisle want to vote on has sent it to the Senate. Correct? just as unpopular. that proposal? Is it because they fear Mr. SCHUMER. That is correct. The ACTING PRESIDENT pro tem- embarrassing defections from their Mrs. MCCASKILL. This is a Repub- pore. The original unanimous consent own side—defections that would show lican bill? is still pending. once again how too many Republicans Mr. SCHUMER. That is correct. Is there an objection? in the Senate do not want to extend Mrs. MCCASKILL. And we are ready Mr. MCCONNELL. I object. middle-class tax relief no matter what to vote on it? Mr. SCHUMER. We are. The ACTING PRESIDENT pro tem- is attached to it? That is not a good pore. Objection is heard. Mrs. MCCASKILL. And the Repub- reason. licans will not let us vote on it? Mr. REID. We will both object, just What are we waiting for? The House for good measure—a bipartisan objec- Mr. SCHUMER. That is correct. bill is on a road to nowhere, so let’s let Mrs. MCCASKILL. I am confused. tion. the air out of the tires, and then we Would the Chair announce the busi- Mr. SCHUMER. So are we all. can move on. We all know how it is ness of the day. Mrs. MCCASKILL. Why would the going to end—not with either Chamber Republicans not let us vote on their f imposing its will on the other but with bill? MORNING BUSINESS a negotiation. So let’s remove this bill Mr. SCHUMER. One of the theories is The ACTING PRESIDENT pro tem- from the floor, give Speaker BOEHNER that there is dissention even on that pore. Under the previous order, there some of the freedom he may need to ne- bill among the Republican side, as will now be a period of morning busi- gotiate, and get this all done. there was on the previous bill that had ness for up to 1 hour, with Senators As, again, Leader REID said—and he middle-class tax relief in it. permitted to speak for up to 10 minutes said it so well—we cannot pass the bills Mrs. MCCASKILL. That is why we each, with the majority controlling the without both Democratic and Repub- vote, to determine whether there is first half and the Republicans control- lican votes in the House and the Sen- dissention. ling the second half of the time. ate. Negotiating to come to an agree- Mr. SCHUMER. Agreed. The Senator The Senator from New York. ment makes ultimate sense. from Missouri is exactly correct. If we I heard the Republican leader say: voted, it would move the process of f Well, the government runs out by Fri- both funding the government—very im- BUDGET NEGOTIATIONS day. There is an easy way to deal with portant—and getting middle-class tax Mr. SCHUMER. Madam President, I that, which Leader REID asked for in a relief—also very important—forward. just listened with great eagerness to unanimous consent request and was re- Mrs. MCCASKILL. Well, I would cer- the discussion between the majority jected: fund the government for a short tainly urge every single Senator, be leader and the Republican leader, and I period of time. they Democrat or Republican, to come would like to make two points here and So the logic here is to do three to the floor and ask the question: Why then several subsidiary points. things: Vote on this bill. Put it aside. are we not voting today on the bill We need to do two things before we Fund the government for another short that was passed by the House? We are leave: We need to fund the government period of time. And then negotiate in ready to vote. You know, the American in a reasonable and rational way, and earnest and produce both things Amer- people do not get this game. The bill we need to help the middle class get ica needs: an omnibus funding resolu- was passed in the House. Why are we tax relief because the middle class is tion that funds the government that not voting? Why is the Republican suffering. We need to do both. As Lead- has been worked on very hard by the Party blocking its own bill? er REID said, to do both, you need both Appropriations Committee—deal with Mr. SCHUMER. The Senator from Democrats and Republicans to agree. If the outstanding issues in that pro- Missouri is, as usual, thoughtful, po- you try to do one without the other, posal. There are still serious out- litically astute, and right down the you will not get anything done. standing issues. Anyone who has been middle moderate. It makes no sense to So last night Speaker BOEHNER sent a around here knows that issues such as block it. It is holding up progress, par- bill on middle-class tax relief that was Cuba and the environment and abor- ticularly because the Republican House

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.004 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8559 has to be shown that this bill is not ilies. They came up with a bill in the government spending at exactly the going to be the answer. The only way House of Representatives. The bill in wrong moment in time when it comes to both fund the government and pro- the House of Representatives passed to our economy. When our economy is vide middle-class relief is for Demo- last night. It is so bad that the Senate in trouble, revenues are down, we step crats and Republicans to get together, Republicans will not let us bring it to in with stabilizers to try to make sure as the Democratic leader has said, al- the floor for a vote. They know what is that we keep families afloat during dif- most until he is blue in the face. going to happen. We saw it in the last ficult times and restore our economy Mrs. MCCASKILL. With all due re- 2 weeks. The Presiding Officer can re- to growth. Those stabilizers are threat- spect to my friend and colleague from member. Senator HELLER of Nevada ened and endangered by these balanced New York, I thank him for the answers, put up a Republican alternative on the budget amendments. because I was confused that the Repub- payroll tax cut, and on the first vote, Secondly, the enforcement of these licans are keeping us from voting on a out of 43 Republicans, 20 supported his balanced budget amendments will be Republican bill. But it is not the House measure, and out of the Republican by our Federal courts. Can you imag- we need show anything. We have a leadership team, only Senator MCCON- ine? Can you imagine that the day tendency around here to get focused on NELL voted for it. Clearly this is not a after we pass a budget, lawsuits spring the back and forth among ourselves. It popular approach, even when it is writ- up across America in the Federal is the American people we need to show ten by Senate Republicans. courts challenging whether we have ex- that we are capable of standing up, Now the House Republican approach ceeded the constitutional requirement casting a vote, seeing whether it passes is so unpopular they will not even call that no more than, say, 18 percent of or fails, and then negotiating and find- it on the floor—so unpopular. If anyone the gross domestic product be spent, ing a way forward. is wondering whether we are going to arguments that there has been a mis- I would say to my colleague from get home for Christmas, they should calculation? How long will that take to New York, if the Republicans in the have listened to this exchange this resolve in court and what happens to Senate are not willing to vote on their morning, when the Republicans refused America in the meantime? own legislation, then you have got to to even call their own vote. Then what remedies do the courts scratch your head. I agree with the Senator from Mis- have? The Republicans have made it I thank the Senator for the oppor- souri. We owe to it the American peo- clear, because of their view, one of the tunity. ple to get to the bottom of this, and Mr. SCHUMER. Reclaiming my time, remedies cannot be extending taxes on quickly, to assure them January 1 the I would accept the modification of my the wealthiest in America. They never payroll cut will continue for working argument made by the Senator from want that to happen. Now they want to families across America, to assure Missouri. The point, of course, we both enshrine that theory in the Constitu- agree on is we ought to vote. We ought them that we will maintain unemploy- tion. Turning to our courts for enforce- to do it to show the world, whether it ment benefits for the 14 million unem- ment of spending is, in my mind, a di- is the House, Senate, American people, ployed Americans struggling to find rect violation of the spirit and letter of or anybody else. That makes a great jobs—4 unemployed for every available the law in the Constitution which gives deal of sense. job. It is basic that we need to do this, to Congress exclusively the power of I yield the floor. and if we are going to get down to it, the purse. It is a bad idea. It is cer- The ACTING PRESIDENT pro tem- then I am afraid our Senate Republican tainly not one we should support. pore. The Senator from Illinois. colleagues have to accept the reality. I also want to say that this approach Mr. DURBIN. Madam President, I There comes a moment for a vote. is unnecessary. There comes a time— thank my colleague from New York This is the moment, the vote on wheth- and we have reached it—when we need and colleague from Missouri for put- er we are going forward to make sure to have the political will, in a bipar- ting in context where we are today. that we extend the payroll tax cut for tisan fashion, to deal with our coun- But let’s take one step back and look working families in a fair way. That is try’s problems, whether it is the tax at what is the issue. The issue is basic: what is at hand. cut, extending the government’s life Will the payroll tax cut that currently f into the next fiscal year, or dealing with our long-term deficit. It takes po- helps 160 million Americans continue BALANCED BUDGET AMENDMENT after January 1? That is the underlying litical will, maybe even political cour- question. Mr. DURBIN. Madam President, in age. It does not take a constitutional After all of the back and forth and about 30 minutes, we will have a rare amendment. politics, we believe it should. The chance on the floor of the Senate—it Let’s defeat both of these amend- President believes it should. Econo- does not happen often. We will have ments. Let’s show our respect for this mists tell us that is the way to help us consideration of two efforts to amend Constitution that we have sworn to up- out of a recession and create more jobs. the Constitution of the United States. hold and defend and not pass some- We have come up with a way to pay for We all take this seriously. Each one of thing that has not been thought it so it will not add to the deficit. Our us, before we could exercise our respon- through that may, in fact, harm Amer- proposal: a surtax on the wealthiest sibility as Senators, swore to uphold ica rather than help it. Americans, not on the first million dol- and defend that Constitution. Now we I yield the floor and suggest the ab- lars in income each year but on their are being asked to amend it. sence of a quorum. second million dollars in income, a sur- How often have we amended the Con- The ACTING PRESIDENT pro tem- tax. stitution? In the past 220 years since pore. The clerk will call the roll. We ask across America: Do you think we passed the Bill of Rights, we have The assistant legislative clerk pro- that is fair to ask that sacrifice? Over- amended it 17 times: to abolish slavery, ceeded to call the roll. whelmingly, not just Democrats, Inde- to give women the right to vote, sig- Mr. GRASSLEY. Madam President, I pendents, Republicans, tea party Re- nificant historic decisions. What comes ask unanimous consent that the order publicans believe that is fair. But, un- before us today are two amendments for the quorum call be rescinded. fortunately, many on the Republican which, frankly, do not stand the test of The ACTING PRESIDENT pro tem- side are indentured political servants whether they meet constitutional pore. Without objection, it is so or- to a Washington lobbyist named Gro- standards. dered. ver Norquist. They have signed an oath I am going to vote against both. I f that they believe supersedes any other thank my colleague, Senator UDALL of oath, to the Constitution or to the peo- Colorado, for offering a version. Sen- BALANCED BUDGET AMENDMENT ple they represent, that they will ator MCCONNELL, Senator HATCH have Mr. GRASSLEY. Madam President, never, ever vote for a tax increase for offered their own. I do not believe ei- the need for a balanced budget amend- the wealthy—not one penny. Not one ther one of them is right for America. ment is very great. You know how the penny. Here is what it comes down to. If we national debt now is reaching a point So they wanted to stop the extension pass either of these constitutional where, if we don’t intervene with a con- of this payroll tax cut for working fam- amendments, we will be forced to cut stitutional requirement for a balanced

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.006 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8560 CONGRESSIONAL RECORD — SENATE December 14, 2011 budget, it is going to become passed, we wouldn’t be in the fiscal sit- budget, something he has been working unsustainable. Statutes have not con- uation we are in right now. I urge my on since 1995. Unfortunately, he, like trolled deficit spending. colleagues to vote for S.J. Res. 10. all of the Members of this body, has I was an author of one of those stat- I yield the floor. seen the recent and disconcerting rise utes—former Senator Harry F. Byrd of Mrs. BOXER. Madam President, I op- in debt. Virginia and I as a Member of the pose the two balanced budget amend- It is appalling that we continue to House—back in 1979. For 15 years that ments before us. Senator HATCH’s pro- head down a path to destruction and law was on the books, and never in posal would cap spending at 18 percent fiscal lunacy. The American people are those 15 years was there a balanced of gross domestic product, forcing deep fed up with this. How do we know that? budget amendment. It makes it very cuts to Social Security and other crit- Recent polls say that only 9 percent of clear that laws will not control deficit ical programs. Senator UDALL’s alter- the population believes in the spending spending. native, while less extreme, is still not a path Congress has chosen. I concluded a long time ago, as I proposal I can support. For the fiscal year ending September voted on previous constitutional I have consistently opposed balanced 30, 2011, we had in excess of $1.3 trillion amendments requiring a balanced budget amendment proposals because in deficit spending. In November of this budget that didn’t pass, that a con- Congress doesn’t need a constitutional year we surpassed $15 trillion in total stitutional amendment is a must to amendment to balance the budget. We debt. This rampant overspending will provide Congress with the necessary have done it before. not end without a drastic change— discipline. The example right now in In the 1990s, during President Clin- without taking away the power to Europe of their fiscal and deficit situa- ton’s term, we not only balanced the overspend. tion is sobering. Nations that allow budget, but we created surpluses and 23 Not only have the American people debt to grow out of control risk de- million new jobs. We cut wasteful told us this, our financial markets fault. One of those countries is prac- spending, made smart investments, and have told us this as well. Unbearable tically in default. If we don’t take ef- ensured that everyone, including the debt in the European markets is de- fective corrective action, the European wealthiest, paid their fair share. pressing our domestic financial mar- In 1993, we passed a budget plan with- future could be ours and sooner than kets. If left unchecked our own debt out a single Republican vote. By 1998, we think. will continue to lower economic out- Each generation of Americans has the budget had come into balance, and look. enjoyed a brighter future than the pre- as President Clinton was leaving office It is reprehensible that an issue of vious generation. The failure of Con- in 2001, budget analysts were predicting this magnitude and significance is sub- gress to tame the deficit and the debt surpluses as far as the eye could see. ject to the partisan bickering and Unfortunately, the Bush tax cuts and threatens the American dream for our gamesmanship that often rears its head two wars put on a credit card created children and grandchildren. The Con- in politics. huge deficits. I encourage my colleagues to give stitution was designed to secure the To get our country back on a path to solemn consideration to the proposal blessings of liberty not only for our- fiscal responsibility, we don’t need a before us, as it will turn us imme- selves but also for our children. This balanced budget amendment. That is diately away from our overspending. makes balancing the budget not just an why the Senate has voted down bal- We have to truly examine issues that economic issue but a moral issue as anced budget amendments many are very difficult for a lot of us to deal well, and creates a moral obligation to times—most recently in 1995, 1996, and with, and we have to make some very take action. A constitutional amend- 1997. Instead, we need the political will tough decisions. ment is not only a first step in that di- to come together and make responsible Too frequently, we have engaged in rection but it will make sure the dis- choices for our country’s future. political theater instead of earnest ef- cipline is binding in future years. Many economists believe that bal- forts to resolve these long-term budget The balanced budget amendment will anced budget amendments are bad pol- issues. The American people expect and enforce a lower debt. Members taking icy because they limit the ability of deserve an honest budget debate and an an oath to adhere to its provisions the Federal Government to respond honest budget process. When we pass guarantees greater fiscal discipline during times of economic crisis and re- this legislation and it is ratified by the than what we have without that con- cession. States, the American people will fi- stitutional provision. They will take Limiting our ability to make smart, nally get an honest budget, and they that oath seriously, just as is the case job-creating investments is no way to will get it every year. for the 46 State constitutions that con- set a foundation for our country’s long- As many of my colleagues have tain requirements their State legisla- term economic growth. noted, the idea of preventing a burden- tures balance their budgets. We always Finally, while these proposals in- some and crushing debt for future gen- say the State legislatures and States clude exceptions for times of war, there erations is a thing of the past. The are the political laboratories for our is no exception for natural disasters. A time is now. The crisis is now. Con- system of government. We ought to minority of Senators or Representa- gress has been shirking its budget re- take the results of those laboratories tives could block Federal assistance for sponsibilities for so long that we are and put them to use at the Federal any disaster, no matter how severe. now the ones feeling the effects of the level. I am urging my colleagues to I urge my colleagues to join me in re- debt. vote for the resolution before us, which jecting this balanced budget amend- I would like to take a moment to is S.J. Res. 10. ment and recommitting ourselves to talk about some of the things the Re- There have been complaints this res- our duty as a Congress to promote fis- publican proposal accomplishes. The olution would transfer to the courts cal responsibility and economic President will continue to submit his the power of the purse, but that is a growth. yearly budget proposal—a budget pro- misreading of S.J. Res. 10. The amend- Mr. CHAMBLISS. Madam President, posal that is not only balanced but lim- ment prohibits the courts from raising I rise today in full support of a bal- its the size of the Federal Government taxes. The doctrine of standing, the anced budget amendment. I am proud to 18 percent of GDP. By comparison, doctrine of ripeness, and the doctrine to be a cosponsor of S.J. Res. 10, along last year spending was at almost 24 of political question will prevent with all of my fellow Republicans. percent of GDP. courts from deciding cases under the Shortly, the Senate will vote on two Further, this legislation requires a amendment. proposals for balancing the Federal supermajority to surpass the spending This is a lesson we should have budget. One of those proposals, offered caps for things like emergency spend- learned. I think it was 1997—nearly 15 by my colleague from Utah, Senator ing. We will end a longstanding budget years ago—when this body failed by HATCH, will provide a strong and mean- gimmick of government spending in one vote—and I am ashamed to tell you ingful change to the way this Congress the name of emergencies for things it was one Republican not voting for performs it spending function. that are not truly emergencies. it—to enact such a constitutional re- I thank the Senator for his continued The rules would be even stricter gov- quirement. But it didn’t pass. If it had hard work on trying to balance the erning spending of money in times of

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.014 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8561 war instead of the general exemption ment spending cannot exceed revenues. of our Constitution, an arbitrary we have now. This proposal will also Yet I can’t vote for either of these spending cap that would handicap fu- force Congress to fix and save Social amendments because each contains a ture Congresses without regard to the Security. partisan part that does not belong in unknown economic realities that fu- Finally, one of the most important our Constitution. ture generations of Americans may parts of this proposal is that a two- I do not take the idea of amending face. Unless we can see into the future, thirds vote of each House is required to our Constitution lightly. As we con- we should not be in the business of pre- increase taxes, helping prevent higher sider these amendments, let’s not for- dicting what level of spending will be tax rates to pay for balancing the get that our Constitution is the su- appropriate 25 or 50 years from now. budget. preme law of our land; it reflects Amer- Furthermore, the Republican pro- We can no longer allow the American ica’s first principles and highest ideals, posal prohibits any bill that increases people to suffer by not providing the guaranteeing the fundamental rights Federal taxes from becoming law un- economic basis for recovery and that have been the cornerstone of the less it is approved by a two-thirds ma- growth. The equation is simple: A bal- freedom and opportunity at the heart jority of both Chambers. This provision anced Federal budget that is free of ex- of the American experience since our essentially gives extraordinary con- cessive debt leads to a healthy econ- founding. stitutional protection to potentially omy and sustainable job-creation ac- However, given the dire fiscal situa- egregious tax loopholes and revenue- tivities. tion we face—coupled with the reality draining tax expenditures—the same Mr. LIEBERMAN. Madam President, that time and again Congress has been parts of the Tax Code we have been try- I rise today to speak about the two bal- unable to break away from its partisan ing to reform. anced budget amendment proposals gridlock to make the painful but nec- Likewise, the Democratic balanced currently pending before the Senate essary decisions that must be made to budget amendment is not without its and to explain why I will vote against save our Republic—amending the Con- own faults. A provision prohibiting both even though I support a balanced stitution may be the only way to com- Congress from passing any bill that budget amendment. pel a balanced budget. provides a tax cut to millionaires dur- I fervently believe that the most I have come to this conclusion first ing a year that we run a deficit is not pressing issue our country faces today because it is clear that our budget a statement that needs to be part of is the need to gain control over the process is clearly broken. The truth is our Constitution. Moreover, the Demo- staggering Federal deficits and long- that we in Congress have failed to up- cratic alternative exempts Social Secu- term debt that threaten our security. hold our foremost constitutional du- rity, which would essentially prevent In thinking about the budget chal- ties: managing our budgeting process. Congress from reforming the program, lenges we faced over the past year, I With annual deficits over $1 trillion which I believe it essential to ensure have often been reminded of something and our national debt increasing over its solvency for generations to come. our second President said two cen- $4 billion each day, this is no time for On the whole, both the Republican turies ago that remains hauntingly Congress to flout the very laws we es- and Democratic balanced budget true today: ‘‘There are two ways to tablished to keep our country’s fiscal amendments are short-sided for dif- conquer and enslave a nation,’’ as health afloat and manage the budget ferent reasons. Instead of focusing on President Adams put it, ‘‘One is by process responsibly. the single task of providing a balanced sword and the other is by debt.’’ Presi- I am speaking in particular about the budget requirement, ideological argu- dent Adams’ words have been echoed in framework for our budget process ments abound in both proposals, mak- our time by former Chairman of the which was first enacted into law in 1921 ing it virtually impossible to support Joint Chiefs of Staff, ADM Mike when Congress established the annual either one. Mullen, who argued earlier this year budgeting requirement and later in 1974 As a result, I will not support either that the national debt is the greatest when the formal process for estab- proposal. Instead, I encourage my col- long-term threat to our national secu- lishing a coherent budget was en- leagues from both parties to support a rity. shrined in law. clean version of a balanced budget We can all agree that we must take The failure to pass a budget resolu- amendment that is worthy of inclusion on the challenge of addressing our def- tion for the past 3 years is sympto- in our Constitution. icit and debt. At the same time, as we matic of the deep problems we face If we work together to see beyond the have seen again and again over the with regard to our budget, deficits, and fog of partisanship, it will become past year, making tough choices is not debt. Likewise, statutory attempts clear that there is not much disagree- an easy thing to do. Any responsible such as pay-go have not produced the ment about the basic and deeply trou- deficit reduction proposal will, by defi- kinds of results we need. At the same bling facts of our current fiscal crisis. nition, be painful and unpopular be- time, as we have seem over the past For this reason, first and foremost, I cause raising revenues and cutting ben- several months, Republicans and hope Congress will step up and act on a efits and favored Federal programs is Democrats cannot seem to agree on specific and comprehensive proposal to painful and unpopular. how to reform entitlements—the big- reduce the deficit. In the end, process I am prepared to vote for a plan simi- gest driver of our debt and deficits—or reforms will not allow us to escape the lar to that proposed by the Bowles- reform the Tax Code to ensure that our hard decisions we must face. Simpson Commission, the Gang of 6, or tax system is fair for most Americans, Mr. RUBIO. Madam President, Wash- the Rivlin-Domenici group because I less deferential to special interests, ington politicians do not live by the believe this approach is responsible and and able to sustain the financing of our same rules that virtually all families addresses the toughest challenges we country’s priorities over the long term. and small businesses play by. It is your face head-on. Also, I would support a It is regrettable that it has come to responsibility to balance your budget, clean balanced budget amendment, this, but it seems that perhaps the only spend no more than what is in your which would compel Congress to make way to get Congress to balance the bank account, and have a plan to man- tough choices to raise revenues as nec- budget is to make it a constitutional age common expenses such as student, essary, rein in spending, and balance requirement. home, and car loans. our budget. Unfortunately, both proposals before But in Washington, money is rou- However, the two proposals we are us today are marred by extraneous and, tinely borrowed from Peter to pay considering today, in my opinion, are in my view, ill-advised and unnecessary Paul, or in America’s case, money is problematic and marred by extraneous provisions. The Republican version, for borrowed from China and others to pay and ill-advised provisions that should example, would require that total out- for more government than we could never be part of our Constitution. lays for any fiscal year not exceed 18 ever afford. As a result, politicians These votes say so loudly how dysfunc- percent of GDP and a two-thirds major- have dug us into a hole of $15 trillion in tional Congress has become. I want to ity vote in both Chambers would be re- debt, with no end in sight. Now more vote for a balanced budget amendment quired to override this requirement. I than ever, we need a balanced budget that says clearly that Federal Govern- believe it is unwise to impose, as part amendment to the U.S. Constitution.

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.011 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8562 CONGRESSIONAL RECORD — SENATE December 14, 2011 In Florida’s State government, we All year, we have been discussing and people and an opportunity structure to worked under a balanced budget debating how to have a more frugal working families. The balanced budget amendment, and every year we worked government. But while we are trying to amendment puts funding for Head tirelessly, had contentious debates, and be frugal, how can we also meet our re- Start, Pell Grants, and funding that made very tough choices to pass a bal- sponsibilities to national defense and helps schools comply with Title IX anced budget year after year. That re- maintain our social contract? To funding for job training on the chop- sponsibility and accountability is not achieve that we have to put politics ping block. I believe we must keep the unique to Florida, as practically every and partisanship aside, and work to- doors of opportunity open, not slam other State also works under a bal- gether to find the sensible center. And them shut. anced budget amendment. We need to the balanced budget amendment does How will a balanced budget amend- bring this same kind of fiscal restraint not allow for that. ment affect our Federal workers and to Washington. And unless we enshrine I am for cuts. But our approach must everyone who depends on their work? strong balanced budget principles in be balanced like a three legged stool The State of Maryland is home to some our Constitution, Washington politi- with responsible discretionary and of the flagship agencies of the Federal cians will never stop. That is why it is military spending cuts; revenue; and Government and 130,000 hardworking critically important that the Senate reform that strengthens Medicare and Federal employees live in Maryland. approve a strong balanced budget Medicaid. The balanced budget amend- Agents at the Federal Bureau of Inves- amendment. ment does not allow for that. tigation work to protect our safety. The national debt is now over $15 Before we adopt a balanced budget Employees at the Social Security Ad- trillion. When I was sworn into office amendment, we should know exactly ministration provide actuarial infor- about a year ago, the debt was just what it is that we are doing. We need mation on how to keep it solvent and over $14 trillion. That means that in to know just how these programs are make sure the checks are out there on just 1 year, Congress has allowed our going to be affected. What cuts are time. At NASA’s Goddard Space Flight debt to increase by more than $1 tril- going to be taken. How deep. What pro- Center, they are scanning the universe lion. Virtually nothing could stop it grams. And most importantly what the for the secrets to life here on Earth. from happening, despite the fact that consequences will be to the health, The mandatory budget cuts of the bal- 2011 has given us a startling glimpse safety, and security of the American anced budget amendment will require into our future as European nations people. arbitrary cuts to the Federal workforce face their day of reckoning for decades How would a balanced budget amend- without certainty that the agencies of reckless spending. ment affect seniors? It attacks eco- will be capable of doing their job. This year’s debt ceiling debate gave nomic security for senior citizens These kinds of cuts are dangerous and us an opportunity to get serious about through cuts to Social Security and harmful to the public. controlling our debt and reform the Medicare. It breaks the social contract. The Founders did not include a provi- way Washington spends money. But Under the Republican plan, it cuts sion requiring a balanced budget at all not enough people have been willing to spending to 1965 levels before Medicare times. They did not include a provision come to grips with the reality that dec- existed and when the average Social limiting the size of government to an ades of reckless spending by both par- Security benefit was about $1,200 a arbitrary percent of the size of our ties is leading us to a diminished fu- year. That was 46 years ago, when mak- economy. Instead, in our Constitution, ture. ing $8,000 a year was considered a fan- the Founders said that Congress would As the Senate debates a balanced tastic salary. Would you want to go have the power to borrow on the credit budget amendment this week, it is im- back and make $8,000 a year? I do not of the United States and the responsi- portant to note that not all balanced think so. I do not think we want to go bility to provide for the general wel- budget amendment proposals are cre- back to that. Do we really want to go fare of the country. ated equal. The version that I have back to not having Medicare? Sure we Providing for the general welfare of joined all 47 of my Senate Republican need to reform and refresh Medicare, the country means keeping the promise colleagues in supporting, S.J. Res. 10, but do we want to end Medicare? I of our social contract to our seniors includes three elements I believe are don’t think so. and our veterans. It means keeping the key to truly handcuffing out-of-control How would a balanced budget amend- ladder of opportunity available to the politicians: a two-thirds supermajority ment affect our ability to respond to next generation. And it means respond- to raise taxes, a three-fifths super- natural disasters, when the 24-hour ing to natural disasters and maintain- majority to increase the debt limit, news coverage is over and people re- ing a safe and secure homeland. and a cap on all Federal spending at 18 turn to their regularly scheduled pro- Make no mistake. We must balance percent of gross domestic product. The grams? States that are hit by disasters the budget. But we must do it based on proposal put forth by Senator MARK are just beginning the recovery process principles that preserve economic secu- UDALL, S.J. Res. 24, contains no cap on and depend on their Federal partners. rity for senior citizens, that provide spending, no taxpayer protections, and Times of disaster are not for making opportunity for young people, and that no strict mechanisms to ensure that choices between one State or another. ensure opportunity for working fami- the amendment is actually followed. Government must be there. We are all lies. Unfortunately, if ratified, this proposal in this together. Just one snowstorm, I cannot and will not support any would simply be another ineffective, wildfire, or devastating flood away legislation that abandons these prin- disingenuous Washington move that from our own crisis. But the balanced ciples. Therefore, I will vote against would make it easier to raise taxes and budget amendment would force these this legislation. still allow for more spending. terrible choices. The ACTING PRESIDENT pro tem- The idea of not spending more money What about funding for America’s pore. The Senator from Utah. than we have is common sense for veterans in order to be able to meet Mr. HATCH. Madam President, in a working families and small businesses. their acute care, provide primary care short while, we will vote on two bal- We need to bring that common sense to connected to service-connected disabil- anced budget amendments to the Con- Washington, and we need a strong bal- ities, and long-term care for those who stitution, at least one of which will be anced budget amendment that is truly bear the permanent wounds of war? a true balanced budget amendment. worthy of being added to our Constitu- What about funding for disability pen- One of those amendments, S.J. Res. 10, tion. The Senate must seize the mo- sions for veterans? The balanced budg- the amendment supported by every ment by passing a real balanced budget et amendment makes funding for Senate Republican, addresses the fun- amendment. American’s veterans with service-con- damental crisis of our time; that is, the Ms. MIKULSKI. Mr. President, I rise nected disabilities vulnerable to man- crisis of exploding debt caused by ex- to oppose the balanced budget amend- datory budget cuts. cessive spending. The other amend- ment proposals before us today. I sup- How will a balanced budget amend- ment does not address that crisis and, port a balanced budget. But I cannot ment affect the next generation? It de- therefore, cannot put this country support these proposals. nies educational opportunity to young back on a sound fiscal footing.

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.010 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8563 The votes we cast today will tell the spend view the provisions of S.J. Res. under control, these Founding Fathers American people whether we honestly 10, our constitutional amendment, as a must be turning over in their graves, acknowledge the fiscal crisis posed by threat. and I believe we continue to reject our $15 trillion national debt and They are a threat. Our amendment’s their wisdom at our peril. whether we are serious about pre- provisions are a threat to those whose Despite all the evidence, opponents scribing an effective cure. only plan is to sit on their hands while continue to claim Congress will make Exploding budget deficits and sky- our debt continues to skyrocket. The the tough fiscal choices by itself; that rocketing national debt are symptoms strong balanced budget amendment of- Congress does not need any help. After of an addiction to overspending. A real fered by the Republicans directly ad- so many years of failure, that amounts solution must address the real cause of dresses the real cause of our budget cri- to fiddling while our fiscal house is this crisis, not just its symptoms. Con- sis and offers equally direct solutions. burning to the ground. That is the ar- gress will not kick its overspending ad- It requires supermajorities. That gument they make. Closing their eyes, diction alone but only if required to do doesn’t mean we can’t do things. It just shutting their ears, and repeating the so by the Constitution itself. says we have to have supermajorities mantra that Congress does not need a One of the amendments before us to raise taxes. It means it requires constitutional amendment is exactly today, S.J. Res. 24, simply cannot be a wide bipartisan agreement for deficit what got us to the edge of the cliff we solution because it does not address or excess spending, as well as for rais- are standing on today and which we are the overspending that causes this cri- ing either taxes or the debt limit. about to go over, if we don’t put some sis. This amendment, offered by my I would note a supermajority to raise restraints on around here. colleague from Colorado, Senator the debt limit was in the balanced If spending were a drug, Congress UDALL, on behalf of the Democrats, budget amendment that passed the would be a very pathetic addict. An ad- purports to require balanced budgets Senate back in 1982. I know because I dict ignores evidence and denies he has but, for purely political reasons, ex- was the one pushing it. It passed the a problem. An addict claims over and plicitly exempts significant portions of Senate. over that he can stop his addictive be- the very government spending that will Our amendment limits both spending havior any time. But similar to a real most aggressively drive our future and the tax increases that fuel more addict, Congress cannot kick the habit debt. spending. This is more than a balanced on its own. Congress needs some help. The Democratic alternative sets no budget amendment. It is a fiscal dis- The Constitution is the way to get that overall limit on government spending, cipline amendment or a constitutional help, and the Founding Fathers would allowing Congress to continue spending amendment for limited government. have loved this amendment. with impunity. The Democratic alter- Much of the Western world now faces Think of S.J. Res. 10 as a constitu- native does nothing to restrict the pro- a debt crisis. The eurozone is nearly tional intervention. It will require not pensity of Congress and the President reaching the point of no return. The only that the Federal budget be bal- to raise taxes on families and busi- United States is closing in on that anced but that it be balanced in the nesses as a way of compensating for same point of no return with our total right way. When we vote on these their failure to reduce spending and in debt already equal to 100 percent of our amendments, Senators will dem- order to fuel more spending in the fu- entire economy—of our GDP. The na- onstrate where they stand on the great ture. tional debt now amounts to about crisis of our time. Voting against any In fact, as my friend Senator KYL $48,000 for every man, woman, and child balanced budget amendment simply en- pointed out yesterday, the Democratic in America. Interest payments alone dorses the status quo. It ignores the alternative actually makes it harder to on this debt are now greater than evidence and pretends everything is cut taxes. To top it off, the Democrats’ spending on most other Federal pro- fine, even as we head for the cliff. This amendment not only sets no limits on grams and would be even higher if in- is the only amendment that deserves Congress raising taxes, but it appears terest rates were not at historic lows. the title of a balanced budget constitu- to allow judges to raise taxes to bal- Annual budget deficits are larger than tional amendment. ance the budget. the entire national debt when I intro- Voting for the Democrats’ alter- In other words, the Democratic alter- duced my first balanced budget amend- native—S.J. Res. 24—also endorses the native allows Congress to continue ment. status quo because it barely touches doing exactly what has caused this cri- Let me say that again. Annual budg- the symptom—budget deficits and sis in the first place. It allows Members et deficits—just the deficit this year debt—while ignoring the cause—gov- of Congress committed to a tax-and- and last year, just standing alone; this ernment spending. Without covering spend philosophy to continue sending year’s budget deficit and the annual all government spending and without taxpayer dollars to special interests at budget deficits of this President—are setting real limits on spending and the expense of the general fiscal health larger than the entire national debt taxes, the Democrats’ alternative does of this country. The so-called solution when I introduced the first balanced little more than put a bandaid on the that continues to enable out-of-control budget amendment in 1979 and 10 times problem. It isn’t even a good bandaid spending is no solution at all. higher than when the Senate last voted that holds. Maintenance of this tax-and-spend on a balanced budget amendment in The only proposal before us that ef- status quo is the priority of those who 1997. fectively responds to our budget crisis support the Democratic alternative. More than two centuries ago, Amer- is S.J. Res. 10. It is the only proposal Just listen to their criticism of my ica’s Founders warned of the dangers of that addresses the real cause of the un- amendment, S.J. Res. 10, the one sup- debt. Thomas Jefferson, the forbearer balanced budgets that are dragging us ported by all Republican Senators— of the Democratic Party, said public into fiscal quicksand. every one of us. The Democrats criti- debt is the greatest of dangers to be This crisis threatens national secu- cize my amendment’s requirement that feared. He would be aghast at what rity, economic prosperity, and maybe, Congress balance its books as too strin- Democrats are trying to sell. Alex- most important of all, individual lib- gent. They criticize it for not allowing ander Hamilton said there ought to be erty. Congress will not solve this crisis more stimulus spending, my gosh, and perpetual, anxious, and unceasing ef- by itself. S.J. Res. 10 is the only solu- they criticize it for not allowing easy forts to reduce debt as fast as possible. tion that addresses not only the symp- tax increases. John Adams said the experience of toms of our fiscal crisis but the cause The people of Utah, and most Ameri- other countries that accumulate debt as well. These are the facts. These are cans for that matter, would respond should prevent us from doing so our- simply the facts, and I encourage my that these are the very restrictions selves. He might as well have been colleagues to support S.J. Res. 10. Congress needs. They would say these speaking about Europe today. He would I heard the distinguished majority restrictions are long overdue and would be appalled at what we are doing whip talking earlier, and just for a be positive additions to our Constitu- around here. minute I think he was asking: Why do tion. It is no wonder the advocates of Watching the failure of Congress and this. You know you can’t win. We don’t the wornout philosophy of tax and the President to get spending and debt know we can’t win. But even if we

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.016 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8564 CONGRESSIONAL RECORD — SENATE December 14, 2011 can’t, some fights are worth fighting, constitutional amendment that does ponent in the 1990s of a balanced budg- especially when our national security, what this amendment we are pre- et amendment. Senator HATCH ref- economic prosperity, and individual senting actually calls for. erenced those efforts then. liberty are at stake. That is what we I just do not believe our friends on Let me quickly summarize my argu- are living with right now. the other side are ever going to quit ments for why we need a balanced The American people need to know taxing and spending, and I have 35 budget amendment. I start out think- where we stand, whether we will ever years to prove it—except when the first ing about Coloradans and the common do anything real or do something real Republican Congress in over 40 years sense they apply to their everyday fi- about our addiction to overspending. came into being, and they had a Presi- nances, and there is a big dose of Colo- That is the bankruptcy of our country dent who worked with them, a Demo- rado common sense in my proposal. It right now—the addiction to over- cratic President, by the way. I wish we is aimed at finding common ground spending. Our amendment ends that had a Democratic President here who that both parties and a big majority of addiction. It provides 5 years to get would work with us. He would go down Americans can support, and it starts there, so it is a reasonable provision. in history as one of the most popular with a constitutional requirement to But it does force us to get there. Presidents in history if he would do so. balance the budget. That is the heart The Democratic amendment doesn’t But, no, he wants to tax and he wants of the issue. It is something on which even attack the real problem. It is to spend. Frankly, I am fed up with it, many of us agree. But my proposal also there for political purposes. It is there and I think a lot of people are fed up asks us to avoid the mistakes of the so Democrats can say: We voted for a with it. The people out in the hinter- last decade that have resulted in debt balanced budget amendment, even lands are all fed up with it, and they that is not only significant but it is ex- though it, basically, has little to do realize we need to put some restraints ploding. with balancing the budget. on Congress it has to live up to. For example, it would prevent def- I was enamored with the talk of the That doesn’t mean we can’t get a icit-busting tax breaks for Americans Democrat budget chairman yesterday, supermajority to raise taxes or we who earn $1 million or more a year. Senator CONRAD from North Dakota. can’t get a supermajority to raise the Why should we continue to give addi- He went through all the problems we debt limit or we can’t get a super- tional tax breaks to the wealthiest have and how deep they are and how majority to an undeclared war—to give among us during times when we are in problematic they are and what an ad- a good reason why our friends on the these tough deficit situations? diction it is and all of that. Then he other side might want to support this. I would also create a Social Security said we can do it by just doing what is But it does mean there will be re- lock box to keep Congress from raiding right under the Constitution and forc- straints that will work and will keep the trust fund to hide the true size of ing ourselves to do what is right and this country secure and free. our annual deficits. We have been using just balance the budget without a bal- I reserve the remainder of our time. I the Social Security fund as a slush anced budget amendment. ask that any time be divided equally, fund to remedy our budgeting prob- He couldn’t have made a better case and I suggest the absence of a quorum. lems. That would end. for the balanced budget amendment be- The ACTING PRESIDENT pro tem- In sum, the proposal I brought for- cause I have been here for 35 years, and pore. The clerk will call the roll. ward is straightforward, it is simple, I can say there hasn’t been a real effort The legislative clerk proceeded to and upholds the principle: We should except during the mid-1990s to do that. call the roll. pay for our government in a respon- That was when the first Republican Mr. HATCH. I ask unanimous consent sible manner. House of Representatives and Senate in that the order for the quorum call be I think, looking at the Presiding Offi- over 40 years took place. It was when rescinded. cer, in your home State most Ameri- they did have a President, , The ACTING PRESIDENT pro tem- cans agree to that, most New Yorkers who recognized that the time had come pore. Without objection, it is so or- do. Most Coloradans certainly do. to do something about spending. dered. I also want to be clear, there are I have to give him credit for that in Mr. HATCH. Madam President, I ask some important differences between contrast to our current President who unanimous consent to reserve the re- my approach and my dear friend Sen- just demands more taxes and more mainder of our time but to permit the ator HATCH’s approach. We will vote on spending all the time. There isn’t any- distinguished Senator from Colorado to his proposal today as well. thing or any person he wouldn’t tax if utilize his 5 minutes at this time. Senator HATCH’s proposal—this is in he could get away with it except those The ACTING PRESIDENT pro tem- my estimation—goes far beyond bal- unable to pay any taxes at all, and no- pore. Without objection, it is so or- ancing our books, and it is a balanced body wants to tax them. dered. budget amendment only in part. That The fact is, I think the distinguished The Senator from Colorado. is because it includes some unrealistic Budget Committee chairman made a Mr. UDALL of Colorado. Madam limitations on our government that tremendous case for our amendment. I President, I rise this morning to speak could prevent us from securing the re- can say we have been going on way too in favor of the legislation that I have tirement of hard-working Americans, long. authored to amend the Constitution to undermine our national defense, and Back in 1997, we came within one require that Congress, on behalf of the send the United States back to a time vote of passing this amendment. That American people, balance the Federal before Social Security, Medicare, and a was twice now. Remember, in 1992 we budget. host of other important programs were actually passed an amendment, but Tip Yesterday I spoke about the merits put in place to protect our middle O’Neill and the Democrats killed it in of a balanced budget amendment, and I class, the true heart of our country. the House at that time. But in 1997 we appreciate the debate that has oc- Even worse, it locks in some special came within one vote. I actually had curred on the Senate floor which was interest tax breaks that do nothing to the votes as I walked to the floor, and in the best traditions of the Senate. I grow our economy or create jobs. It, in then one of our weak-kneed Repub- particularly have enjoyed hearing Sen- effect, would turn the Constitution licans who was threatened by the ator HATCH’s point of view. I think we into a document that protects every unions, who had been high up on the have some disagreements about how we special tax break that has been suc- endorsement list, who wanted to be implement a balanced budget amend- cessfully lobbied over the years. That seen every time we had a press con- ment, but we both agree that we need is not what our constituents, hard- ference on this issue, buckled and to put the Federal Government’s fi- working Americans, expect from a bal- voted the other way and we lost. Had nances in balance. Perhaps if we both anced budget amendment. we won that amendment in 1997, we fall short today on these important On the other hand, my approach is wouldn’t be in this colossal mess we votes, we can go back and work to- straightforward. It requires us to pay are in today. Frankly, I, for one, hope gether in the best tradition of Senator for what we spend. It creates flexibility we can get out of that mess, and the HATCH and Senator Simon. Senator depending on the economic conditions only way we are going to is through a Simon, on our side, was a strong pro- that we face and the year in which we

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.017 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8565 find ourselves. But it wouldn’t lead to inition of Federal outlays. No. 3, even tion such as the balanced budget the erosion of seniors’ retirement secu- its balance requirements, the most amendment Republicans are voting on rity or it wouldn’t lock in special in- basic feature of any balanced budget today—not through thinly veiled cover terest tax breaks. amendment, are easily overridden. No. votes such as the one Democrats plan So I say to all of my colleagues, it is 4, there is no cap on Federal spending. to hold alongside this morning. time to put aside our political dif- And, No. 5, there is no supermajority For nearly 3 years now, Republicans ferences, check our ultimatums at the requirement for tax increases. have stood up to the fiscal recklessness door, and let’s work across the aisle Put it all together and this is what of this administration and pleaded with and challenge ourselves to put our you get with the Democratic balanced the President and Democrats in Con- country first through balancing the budget amendment. You get a constitu- gress to stop the spending spree—stop budget. tional amendment that is going to it—and work with us on a serious plan Our debt is $15 trillion and it is grow- force Congress to raise taxes on fami- to put our Nation’s fiscal house in ing. The bipartisan cochairmen of lies and businesses to pay for out-of- order. President Obama’s commission on the control government spending. The For nearly 3 years we have met noth- debt have called our debt a cancer, and Democratic alternative should be re- ing but resistance. I even read this the former Chairman of the Joint jected. It might look good from a dis- week that some Democrats in Congress Chiefs of Staff, Admiral Mullen, has tance but up close it does not even actually view our insistence on fiscal said it is the single biggest threat to begin to address our Nation’s fiscal cri- responsibility as a good political issue our national security. It is clear it is sis. for them. They say Americans have time to act. We have run out of time to I yield the floor. moved on, that they do not want to act. f hear about fiscal restraint anymore. So, as I close, I just want to say the Apparently these Democrats are con- American people have demanded we get CONCLUSION OF MORNING tent to let this crisis continue to build our fiscal house in order. As usual, BUSINESS and build until it pops up in the polls they are a few steps ahead of us, and it The ACTING PRESIDENT pro tem- again. is now time for us in the Congress to pore. Morning business is closed. What Republicans have been saying this week is that we do not have that catch up. So I am asking my colleagues f of both parties and both Chambers to luxury. We cannot wait for a European- support my proposal. This is the right PROPOSING AN AMENDMENT TO style calamity to happen right here to approach. It will enhance our economic THE CONSTITUTION RELATIVE finally do something about our fiscal security. It will ensure that we keep TO REQUIRING A BALANCED problems, nor should we want to. After faith with our children. We shouldn’t BUDGET—S.J. RES. 24 all, we were not elected to get re- pass off this unsustainable debt to our elected. We were elected to recognize children. the Nation’s problems and to face up to Madam President, I urge my col- PROPOSING AN AMENDMENT TO them with foresight and with courage. leagues to support this important pro- THE CONSTITUTION OF THE That is why Republicans have kept posal. I yield the floor, and I suggest UNITED STATES RELATIVE TO up our call for a serious and effective the absence of a quorum. BALANCING THE BUDGET—S.J. balanced budget amendment. We have The ACTING PRESIDENT pro tem- RES. 10—Resumed seen all the statistics—that Congress pore. The clerk will call the roll. The ACTING PRESIDENT pro tem- now borrows more than 40 cents for The legislative clerk proceeded to pore. Under the previous order, the every dollar it spends; that interest call the roll. Senate will resume the en bloc consid- payments on the debt alone will soon Mr. HATCH. Madam President, I ask eration of S.J. Res. 10 and S.J. Res. 24, crowd out spending on things such as unanimous consent that the order for which the clerk will report. education and defense; that annual the quorum call be rescinded. The legislative clerk read as follows: deficits under this President routinely The ACTING PRESIDENT pro tem- A joint resolution (S.J. Res. 24) proposing double and triple the previous record. pore. Without objection, it is so or- an amendment to the Constitution relative We know where it has gotten us. dered. to requiring a balanced budget. Under this President, the national debt Mr. HATCH. How much time do I A joint resolution (S.J. Res. 10) proposing has rocketed from $10.1 trillion all the have? an amendment to the Constitution of the way up to 15.1 trillion, more than a 40- The ACTING PRESIDENT pro tem- United States relative to balancing the budg- percent increase in the national debt pore. There remains 45 seconds. et. under this President in a record time of Mr. HATCH. I ask unanimous consent The ACTING PRESIDENT pro tem- less than 3 years, a run of fiscal mis- that I be able to complete these re- pore. Under the previous order, there is management only matched in its reck- marks. It might take a few seconds be- 5 minutes of debate equally divided lessness by total unwillingness to cor- yond. prior to votes on passage of the meas- rect it. The ACTING PRESIDENT pro tem- ures. The President’s most recent budget pore. Without objection, it is so or- The Republican leader is recognized. was so irresponsible that not a single dered. Mr. MCCONNELL. Madam President, Member of the Senate voted for it, not Mr. HATCH. Madam President, crit- yesterday and today my Republican one. The President’s budget was voted ics suggest a vote for our balanced colleagues here in the Senate have down unanimously here in the Senate. budget amendment is a waste of the been coming to the floor one after an- What about the first ever downgrade Chamber’s time. That is pure bunk. other to deliver a simple, urgent mes- of U.S. debt, did that prompt action? The same folks who say we should sage, one that I hear every time I am Not in this White House. It prompted a not be voting on the Republicans’ bal- home in Kentucky: Washington simply round of ‘‘shoot the messenger’’ in- anced budget amendment have also of- must change course. The spending stead. This President’s entire approach fered up their own amendment to show spree must end. We must put our Na- to our Nation’s fiscal problems has their constituents that they too want tion’s fiscal house in order before it is been to sit back and blame somebody to balance the budget. too late. else, even as he continues to make all I can tell you now that it is the This is not a partisan message. Ev- of these problems worse. Democratic alternative that misses the eryone recognizes that both parties There was a time when President point, for a number of reasons. One, it played a role in getting us to this Obama claimed to believe in the impor- doesn’t address the true crisis. We have point. But let’s be clear, Republicans tance of paying our debts. As a Senator a crisis of spending. We are $15 trillion are the only ones in Congress right now he stood on this very floor and chas- in debt, and the Democratic alter- who are attempting to do something tised his predecessor for even asking native does nothing to address it. meaningful about fiscal restraint. The the Congress to raise the Nation’s debt No. 2, it carves out massive portions only way we will actually achieve it is limit. He called it a failure of leader- of government spending from their def- by acting together on serious legisla- ship. Yet earlier this year, as President

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.019 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8566 CONGRESSIONAL RECORD — SENATE December 14, 2011 he demanded that Congress approve the The question is, Shall the joint reso- budget. Democrats in this Chamber and single largest debt limit increase ever lution pass? in the other Chamber voted for one and requested by a U.S. President—without The clerk will call the roll. it passed. Not a single Republican any plan at all to cover the cost. It was The legislative clerk called the roll. voted for it. During the Clinton admin- this kind of fiscal recklessness that The yeas and nays resulted—yeas 21, istration, we were able to balance the roused Republicans to recommit our- nays 79, as follows: budget and start paying down the debt. selves to the idea that, if we are going [Rollcall Vote No. 228 Leg.] A huge surplus was left to his successor to preserve the American dream for our YEAS—21 and it was squandered by that adminis- children, Congress has to stop spending Baucus Feinstein McCaskill tration. more than it takes in, and it was the Begich Gillibrand Nelson (NE) We should not enshrine the extreme Democrats’ resistance to that idea that Bennet Hagan Nelson (FL) provisions in the current proposal in Blumenthal Heller Stabenow convinced us the only way to make Brown (OH) Klobuchar Tester our Constitution. We should not make sure it happens is through a constitu- Carper Kohl Udall (CO) it more difficult for Congress to re- tional amendment that actually re- Casey Manchin Wyden spond to economic and natural disas- quires it. NAYS—79 ters. Proponents of this amendment For too long, the politics of the mo- Akaka Grassley Murkowski say: Let’s let the courts make these de- ment or of the next election have been Alexander Harkin Murray cisions. Let us not transform our put ahead of Congress’s responsibility Ayotte Hatch Paul courts into budget-cutting bodies. Barrasso Hoeven to balance the books. Too many prom- Portman They are not equipped to perform that Bingaman Hutchison Pryor ises have been made that cannot pos- Blunt Inhofe role. Even Justice Scalia, testifying be- sibly ever be kept, and now the time Reed Boozman Inouye Reid fore our committee, laughed at the for serious action has come; we must Boxer Isakson Risch Brown (MA) Johanns idea that they could do that. prevent what is happening in Europe Roberts Burr Johnson (SD) The Hatch-McConnell proposal will from happening here. Rockefeller Cantwell Johnson (WI) do nothing to spur economic growth or That is what our balanced budget Rubio Cardin Kerry ease the partisan gridlock in the Con- amendment would do. By permanently Chambliss Kirk Sanders Schumer gress. It will do the opposite. It will en- limiting Congressional spending to the Coats Kyl Coburn Landrieu Sessions shrine bad fiscal policy in the Constitu- historical norm of 18 percent of gross Cochran Lautenberg Shaheen tion. A vote for this proposal is a vote national product, and through a new Shelby Collins Leahy for dramatic cuts in Social Security, three-fifths supermajority of both Conrad Lee Snowe Houses of Congress to raise the debt Coons Levin Thune Medicare, and veterans’ benefits. Corker Lieberman limit, the balanced budget amendment Toomey Partisan efforts like this may be Cornyn Lugar Udall (NM) good bumper-sticker politics, but they Republicans are proposing today would Crapo McCain Vitter go a long way in preventing that day of DeMint McConnell Warner are bad solutions. I wish those who say reckoning from happening right here in Durbin Menendez Webb they revere the Constitution would Enzi Merkley America. Every single Senator should Whitehouse show it the respect it deserves rather Franken Mikulski Wicker support it. Graham Moran than treating it like a blog entry. I urge Senators to oppose this radical Democrats here in Washington know The ACTING PRESIDENT pro tem- and ill-considered proposal to amend the American people want Congress to pore. On this vote, the yeas are 21, the our Constitution. get its fiscal house in order. That is nays are 79. Two-thirds of the Senate Mr. VITTER. Madam President, I ask why they proposed a balanced budget duly chosen and sworn not having for the yeas and nays. amendment of their own. Unfortu- voted in the affirmative, the joint reso- nately, they have no real intention of lution is rejected. The ACTING PRESIDENT pro tem- passing it. If they did, they would join pore. Is there a sufficient second? S.J. RES. 10 us in supporting a bill that we know There appears to be a sufficient second. Under the previous order, there will would lead to the kind of fiscal re- The question is, Shall the joint reso- now be 2 minutes of debate, equally di- straint the American people are asking lution pass? vided, prior to a vote on S.J. Res. 10. for. Who yields time? The Senator from The clerk will call the roll. I ask my friends on the other side to Utah. The assistant legislative clerk called join us. It is not too late. We are only Mr. HATCH. Madam President, this the roll. going to solve this problem together. is the last chance to vote for a con- The result was announced—yeas 47, Republicans are doing our part. We stitutional amendment that will truly nays 53, as follows: need them to do theirs. The American do something, that will tie the hands of [Rollcall Vote No. 229 Leg.] people are asking us to act. Let’s do it. If this President will not take Amer- Congress so they have to live within YEAS—47 ica’s fiscal problems seriously, Con- fiscal constraints. We are taxing and Alexander Enzi McConnell gress should do it for him. spending this country into bankruptcy. Ayotte Graham Moran We have a $15 trillion-plus national Barrasso Grassley Murkowski I yield the floor. Blunt Hatch debt, growing to $20 trillion to $30 tril- Paul The ACTING PRESIDENT pro tem- Boozman Heller Portman pore. The Senator from Colorado. lion. We don’t have any restraint Brown (MA) Hoeven Risch Mr. UDALL of Colorado. Mr. Presi- around here. Burr Hutchison Roberts People say: If we just live up to the Chambliss Inhofe Rubio dent, as I rise to ask for the yeas and Coats Isakson Sessions nays on the amendment, I point out Constitution and restrain ourselves, we Coburn Johanns Shelby can do that. They have been saying Cochran Johnson (WI) my amendment is not a cover amend- Snowe ment. It includes many of the prin- that for 35 years. The only time we Collins Kirk Corker Kyl Thune ciples and provisions the House consid- have come to a balanced budget around Cornyn Lee Toomey ered in a balanced budget amendment here is when we had the first Repub- Crapo Lugar Vitter they voted on recently, and it also con- lican Congress in over 40 years and we DeMint McCain Wicker tains many of the provisions and prin- had a President who was willing to sup- NAYS—53 ciples that this body in the 1990s con- port it. Akaka Conrad Kohl sidered when Paul Simon and Senator This is our chance to try to do some- Baucus Coons Landrieu HATCH and many others led on a bal- thing for our country that will stop the Begich Durbin Lautenberg outrageous, out-of-control spending. Bennet Feinstein Leahy anced budget amendment proposal. Bingaman Franken Levin With that, I ask for the yeas and We need to do it. This amendment is Blumenthal Gillibrand Lieberman nays on S.J. Res. 24. the only one that can do it. Boxer Hagan Manchin The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Brown (OH) Harkin McCaskill pore. The Senator from Vermont. Cantwell Inouye Menendez pore. Is there a sufficient second? Cardin Johnson (SD) Merkley There appears to be a sufficient sec- Mr. LEAHY. Madam President, I Carper Kerry Mikulski ond. have actually voted for a balanced Casey Klobuchar Murray

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.020 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8567 Nelson (NE) Sanders Udall (NM) The PRESIDING OFFICER (Mr. The pipeline construction would re- Nelson (FL) Schumer Warner FRANKEN). Is there objection? sult in 700,000 additional barrels of oils Pryor Shaheen Webb Reed Stabenow Whitehouse Mrs. HUTCHISON. Mr. President, I per day being sent to refineries in Reid Tester Wyden object on behalf of our leader. This is a Texas. Our State’s 26 refineries account Rockefeller Udall (CO) matter that needs to be decided be- for more than 25 percent of the total The ACTING PRESIDENT pro tem- tween our two leaders. That has not U.S. oil production, which is approxi- pore. On this vote, the yeas are 47, the been done. The bill has just come over. mately 5 percent of worldwide capac- nays are 53. Two-thirds of the Senators There needs to be some time. Certainly ity. Texas refineries working at capac- voting not having voted in the affirma- we hope in the future to vote on it at ity are of great benefit to the con- tive, the joint resolution is rejected. a time when the two leaders can agree. sumers of America. Oil is provided fast- The Senator from Illinois. The PRESIDING OFFICER. Objec- er and more efficiently to domestic f tion is heard. consumers and industry, bringing down Mr. DURBIN. Mr. President, I thank MORNING BUSINESS the cost of energy to everyone in our the Senator from Texas. I know her ob- country. Mr. DURBIN. Madam President, I ask jection was on behalf of the Republican Last night the House approved this unanimous consent that the Senate Senate leader. I would appeal to him legislation. President Obama continues proceed to a period of morning business and all Republicans on that side of the to threaten to veto any bill that comes until 5 p.m., with Senators permitted aisle, let’s get down to the business of to his desk that involves the Keystone to speak for up to 10 minutes each. extending this payroll tax cut for pipeline. So I think it is fair to ask: The ACTING PRESIDENT pro tem- working families and maintaining the What is his plan? The administration pore. Is there objection? unemployment insurance to help mil- Without objection, it is so ordered. recently announced the President’s 5- lions of Americans. Let’s get it done year blueprint for the future of Amer- f before we even consider leaving for this ica’s energy resources. For example, UNANIMOUS CONSENT REQUEST— holiday season. the plan limits the offshore energy de- H.R. 3630 I yield the floor. The PRESIDING OFFICER. The Sen- velopment to less than 3 percent of off- Mr. DURBIN. Madam President, last ator from Texas. shore areas. night the House of Representatives The administration is decreasing our f passed a tax cut bill, one that is energy resources while other countries doomed in the Senate and that the KEYSTONE XL PIPELINE continue to increase their energy President has made it clear he will not Mrs. HUTCHISON. Mr. President, at wealth, just off our coast in some in- sign. a time when our economy is staggering stances, some as close as 25 miles from It is important for us to move beyond and global unrest is making long-term the U.S. waters. With the right poli- this stalemate on an important issue energy supplies uncertain, we are going cies, the oil and gas industry could cre- that will literally affect 160 million to eventually be able to take up a bill ate 1.4 million new jobs and raise $800 working Americans. that has been passed by the House that billion of additional government rev- Currently those working families would bypass the President’s decision enue by 2030. That would come from enjoy a 2-percent payroll tax cut. For to postpone until 2013, after the elec- people working. That would come from the average family in Illinois with a tions next year, a domestic infrastruc- people in the economy buying things, $50,000 annual income, it means $1,000 a ture project that promises 20,000 imme- creating new jobs, and paying taxes be- year or more in terms of a tax cut. So diate jobs, and 118,000 spinoff jobs, and cause they are earning money. That is if we fail to continue this payroll tax provides a stable energy source from the way we should increase revenue in cut, families across Illinois and across our trusted neighbor Canada. this country, not by stimulus programs America are going to see an increase in After 3 years of unprecedented re- that add to our deficit and to the debt their payroll taxes of about $100 to $125 views by State and Federal agencies, that is going to be inherited by our dollars a month. We cannot let that the administration decided to delay the children. happen. These families are struggling Keystone XL pipeline until after the The administration is determined to paycheck to paycheck. We want to help 2012 election. Why? It would seem obvi- pursue policies that limit our utiliza- them. We want to make sure we help ous that this is a decision that could tion of our own natural resources. Most this economy by putting more life into now be made. The studies have been other countries in the world are trying it, which creates more opportunity for done. The jobs are needed. This is a pri- to develop their natural resources, and profitability for business and new jobs. vately financed traditional energy some do not have natural resources and We also need to maintain our unem- project. It is truly shovel ready. It is wish they did. America has them but ployment insurance which we have pro- not a temporary government stimulus we are not using them. vided during these difficult times for program based on wishful thinking, We could—with a single pipeline—do those families struggling to find work. looking for things that can be done something that would lower the cost of At this point it is clear we should around the country. It is ready to go energy and create new jobs and raise move immediately—immediately—to and it is privately financed, so there additional government revenue. The consideration of the House tax cut bill, are no taxpayer dollars involved. fact that we are debating this project a bill which passed the House and The pipeline is our Nation’s access to today in the face of a frozen economy should be taken up immediately in the the estimated 170 billion barrels of re- and rising energy insecurity is un- Senate. There is no reason for delay. It coverable oil in western Canadian tar thinkable. We do not need more has to be done before we go home. Let’s sands. It will provide energy from a re- Solyndra fiascos. We do not need to not waste any more time. Let’s bring it liable trading partner and friend, less- waste additional billions of taxpayer to a vote. ening our dependence on oil from tur- dollars to support failed businesses Therefore, I ask unanimous consent bulent Middle East and North African that would not exist without federal the Senate proceed to the consider- countries and from dictators and ter- subsidies. ation of H.R. 3630, which was just re- rorism-supporting regimes in South This pipeline has not one taxpayer ceived in the Senate from the House; America. dollar in it. It is privately funded and that there be 2 hours of debate equally This turmoil leads to price spikes will create private industry jobs that divided between the two leaders or and supply interruptions that threaten would be jobs that create more revenue their designees prior to a vote on pas- our economy and our national security. for our country through the spending sage of the bill; that no amendments be If we can go forward with the pipeline and the creation of still further jobs. in order prior to the vote, and that the project, it would have a tremendous We would be doing it with a trusted vote on passage be subject to a 60-af- impact on our Nation, where the neighbor and ally, Canada. This is firmative vote threshold; further, that project could stimulate $2.3 billion in something we should do. I would love if the bill is not passed, it remain the new spending and generate more than to see us do it in a bipartisan way in pending business and the majority $48 million in new tax revenues just in this Senate as the House has already leader be recognized. my home State of Texas. done.

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.002 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8568 CONGRESSIONAL RECORD — SENATE December 14, 2011 I yield the floor. have you between 13 and 14 million We know that from the data and from The PRESIDING OFFICER. The Sen- Americans out of work, in Pennsyl- what happened in the first few months ator from Pennsylvania. vania over half a million people out of of 2011. f work, at last count 513,000 people out of If the Congress fails to act, here is work. They are telling us that we what it means for a State such as PAYROLL TAX CUT should cut unemployment insurance by Pennsylvania. You can replicate this, I Mr. CASEY. Mr. President, I rise to 40 weeks. am sure, in other States as well. Mark speak about the urgent need to prevent Does that make any sense at all? Oh, Zandi, a respected economist on both a tax increase in the year 2012 if the by the way, what they leave out in that sides of the aisle in Washington, looked Congress does not act to extend the debate is what unemployment insur- at Pennsylvania and the impact of not payroll tax cut from last year. This is ance does to the wider economy. You extending the payroll tax cut for 2012. fundamental when it comes to working spend a buck on that, you get a lot He said it would cost our State a little families across the country. Some 160 more than a buck in return in terms of shy of 20,000 jobs in calendar year million working Americans are depend- the economic impact. So unemploy- 2012—in a State, by the way, where in ing upon the Congress to do its work, ment insurance, when it is provided to 2011 we created—or I should say the in- to do its duty, and conclude this year people who lost their jobs through no crease in jobs in Pennsylvania was on a couple of matters. fault of their own, helps the larger more than 50,000 in 2011. That is not The principal focus of most people’s economy in addition to helping an indi- enough, and we need to do more, but attention right now, in addition to vidual worker or his or her family. certainly when you are creating jobs at making sure we have a budget in place When it comes to the issue of the that rate—and possibly in 2012 it could for the next couple of weeks and payroll tax cut itself, what we are talk- go above 50,000 jobs created in Pennsyl- months but also, most urgently, is to ing about here is not something com- vania. But not to act on the payroll tax make sure we are doing everything pos- plicated and theoretical. We are talk- and reduce that 50,000 or more by 20,000 sible to bring about a cut in the payroll ing about take-home pay, what goes in jobs—and that is just one State—if you tax again as we did last year. So we your pocket from your paycheck. We don’t pass the payroll tax cut, that is should be voting today. We should not have got a choice here. If we go the the adverse impact on 1 State—20,000 be waiting. We know the House has right way and we extend the payroll jobs, according to Mark Zandi. That is acted. I would guess that what they tax cuts from last year, there is as a big mistake. We cannot afford to passed in the House will not pass in the much as $1,000 in take-home pay as a make those kinds of mistakes at this Senate, but we should vote. Vote result of that. moment, which is very precarious in today. Get that done. Then both sides I had a bill which we worked to try to our economy, just when we are getting can sit down and work out a com- compromise and change—we changed some—although not enough—good promise on the payroll tax cut so we our bill in order to compromise, I news about the economy. We need to kick-start, jump-start job can give those 160 million American should say. I thought it would be better creation across the country. We can do workers some measure of certainty as if we cut the payroll tax for workers in that in large measure—although not they begin to celebrate the holidays half. That would be as much as $1,500 in completely—by a payroll tax cut. and prepare for our new year. your pocket for 2012. The other side ob- It is time to move forward and time When I talk to people in Pennsyl- jected to that. They wanted no payroll to move on. We should get this vote vania, they say to me basically two tax cut, apparently, for businesses, done on the House version, and then we things: Do something to create jobs or which I thought was a good idea. Then can go to the negotiating table. While to create the environment or the condi- they also wanted to scale back what we we are doing that, we can get some tion that job creation will flow from could do for employees. But we are other things done. To hold up a vote on and, they say, do it in a bipartisan where we are. We will see what they the House bill doesn’t make any sense way. Work together as we, meaning are willing to do now. But let’s not lose at all. We only have 17 days until the Americans back home, have to work sight of what this is all about. If we do end of the year. We have other work to together. They have to work together the right thing, we will have $1,000 do as well. But the main thing we have at home to meet a budget. They have extra in take-home pay for 160 million to do right now is come together to to work together at their worksite to American workers, but if we go the protect 160 million American workers be able to move a company or their way of some people here in Washington so that they can conclude the year and agenda forward for an employer. and play political games, it will be zero go into the holiday season and begin a What we need is a very simple agree- extra dollars of take-home pay. Very new year with peace of mind to know ment on a very basic bill, and it should simple. It is a very simple choice. they are going to have that payroll tax be a bill that would extend and, I would I would hope our friends on the Re- cut in their take-home pay and also to argue, expand. I wish to go beyond the publican side would allow us to vote give those who are out of work and payroll tax cut of last year. What we today on the Republican House bill. their families, their communities, and should be doing is cutting it in half. I It is not going to pass, but it does the country some assurance on unem- know there might be others who do not provide clarity so that both sides can ployment insurance. want to go that far. But what we have then sit down. They have rejected my It is not time to play politics in now from the House is a 350-page bill compromise. Now the House version Washington. This is the holiday season. loaded with all kinds of provisions that will come over here. But we will have If there is anytime in the year when have nothing to do with the payroll tax some clarity about where both sides people expect us to work together, it is cut and nothing to do with moving the stand. at this time when we celebrate the economy forward. It is kind of a polit- We can sit down and negotiate and holidays. We need to come together ical game they are playing. get a payroll tax cut done, but we can- and compromise. I have compromised a For example, the Keystone pipeline not do that until they let us vote on couple of times in my legislation. I will will be the subject of a lot of debate what the House did. We need to have not review that now, but I did that on and discussion. But that has nothing to that vote today. I don’t know why the my version of the payroll tax cut. We do with providing 160 million working Republican side would want to hold it can all compromise more. We need to Americans with a payroll tax cut, so up in the Senate. We should vote on come together and stop putting up we should set that aside and focus on that. It is about take-home pay and roadblocks to voting on measures that cutting the payroll tax. Some of the also about peace of mind. I think a lot will lead us to a compromise. provisions in the Republican bill will of Americans would like to know now The simple message for today is this: do substantial harm to families indi- that they can celebrate the holidays Let’s vote on the House bill. If that vidually but also to the larger econ- and move into 2012 with some peace of doesn’t pass, then we can go to the ne- omy. Cutting 40 weeks—let me say that mind, knowing they are going to have gotiating table and come up with a again—cutting 40 weeks from unem- some money in their pockets they compromise to cut the payroll tax and ployment insurance is one provision. might not have otherwise. It will have put more take-home pay in the pockets That is the wrong thing to do when a tremendous impact on the economy. of 160 million American workers.

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.025 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8569 With that, I yield the floor and sug- families are struggling. Now is not the on this; it is simply my own feeling— gest the absence of a quorum. time to pull the rug out from under the mindset: The President wants this The PRESIDING OFFICER. The their feet. tax cut so badly, let’s do it, but let’s clerk will call the roll. LIHEAP is supported by nonprofit or- load this up with things he is not going The assistant legislative clerk pro- ganizations such as Community Action to be able to abide. Frankly, that is ceeded to call the roll. of Minneapolis, the Salvation Army, what they did. Ms. KLOBUCHAR. Mr. President, I State and local governments, and util- Let’s look at some of the things that ask unanimous consent that the order ity companies. These organizations are in this payroll tax cut. First of all, for the quorum call be rescinded. know the value this program has to en- they added environmental riders. One The PRESIDING OFFICER. Without sure that families have the tools they of them I am very familiar with, and I objection, it is so ordered. need to stay safe during the coldest want to spend a minute explaining. f winter nights. They also see how it cre- The EPA passed a rule to control the filthiest and dirtiest boiler operations. LIHEAP ates economic activity by maintaining demand for utilities when household These boilers are located in our com- Ms. KLOBUCHAR. Mr. President, I budgets are under the greatest strain munities. They spew forth things you am here today to talk about the impor- and may be forced to go without. really don’t want to know about, but tance of sustained funding and support According to economists, LIHEAP is we better know. They are things such for the Low-Income Home Energy As- a smart investment. For every dollar as mercury, arsenic, and lead. All these sistance Program, better known as in benefits paid, $1.13 is generated in things cause cancer, and all of these LIHEAP. I know it is something my economic activity. As a cosponsor of things are dangerous to all of us, par- colleague, the Presiding Officer, cares the LIHEAP Protection Act, intro- ticularly to children and to pregnant very much about as well. duced by Senator JACK REED of Rhode women. So the EPA has crafted a LIHEAP helps households pay home Island, I want to commend my col- rule—listen to this—that only goes heating costs and targets funds for leagues on their leadership on this after 5,500 of the 1.6 million boilers. those families with the lowest incomes issue, and I look forward to working Again, these are the filthiest and the and the highest energy costs. In 2010, with them to ensure this legislation is dirtiest. nearly 165,000 families in Minnesota passed and that funding for the critical In crafting this rule, they had peer used this critical lifeline. program is maintained. review science that showed this rule As the Presiding Officer knows, our Mr. President, I yield the floor. would prevent 8,100 premature deaths home State may be known as the land The PRESIDING OFFICER. The Sen- every single year. That is because we of ice hockey and ice fishing and other ator from California. are talking about mercury, lead, and winter sports, but our tough winters f arsenic. These are not our friends. can be downright dangerous to families Now, not being able to abide by this, struggling to pay their utility bills and UNANIMOUS CONSENT REQUEST— those in the House are standing with trying to keep the heat on. H.R. 3630 the dirtiest polluters, and they put a Even as Minnesota’s economy has Mrs. BOXER. Mr. President, I am stop to that rule. To me, this is shock- weathered the recession better than going to eventually make a unanimous ing, as chairman of the Environment most, we have seen a great increase in consent request. We have alerted our and Public Works Committee. If I saw need for assistance with heating bills. Republican friends to it. But before I you were driving a car in a certain di- From 2008 to 2010, there was a 30-per- do, I want to set the stage for why I am rection, Mr. President, and I said to cent increase in families who needed going to eventually ask we be allowed you, if you continue to drive your car energy assistance. Without sustained to go to H.R. 3630, which is at the desk, in that direction, you are going to hurt funding for LIHEAP at current levels, and that there be a debate and a vote people; you are actually going to be re- we risk pushing these 38,000 families on the Republican-passed payroll tax sponsible for the deaths of 8,100 people out into the cold. cut. in the course of a year, you would turn This October, I joined with Members For the life of me, I don’t understand that car around. But, no, they are bar- from many cold weather States, as my why, as we approach the end of this reling forward. I am not even citing the colleague did, in a letter that urged the year, Republicans do not want, right stats—because I don’t have them in my Department of Health and Human now, to have a vote on their own bill. memory—on the number of missed Services to release LIHEAP funds as Maybe it is because they do not have a workdays, the number of asthma cases, quickly and at as high a level as pos- lot of votes for it because it is a dis- and the lost schooldays, but it is in the sible. We must follow up on this action aster. The President has spoken out tens of thousands in a year. by fully funding LIHEAP. very strongly for a payroll tax cut. We So they attached what I call a real On October 28, the Department of need that. It has been in effect, and if poison pill to the payroll tax cut. But Health and Human Services released we don’t extend it in this time of re- that wasn’t enough. Despite the objec- $1.7 billion for LIHEAP. This is a start, covering from a deep dark recession, tions from the Republican Governor of but we need another $3 billion to en- economists of all stripes have said we Nebraska, they pushed forward on the sure we sustain level funding from last are going to see a reduction in eco- tar sands pipeline before the studies year. Depending on how and what the nomic growth. That is something we were done. By the way, the environ- final appropriations are for fiscal year don’t need right now. mental impact report was done by a 2012, it is important to recognize we Initially, Republicans said they company that had ties to the devel- will need over $1 billion to fully fund didn’t want anything to do with this oper. So before we rush to judgment on LIHEAP. tax cut. They loved the tax cuts for the this, colleagues, we need to have more I believe seniors should not have to millionaires and billionaires. Oh, that information. But, no, they are going to choose between paying for medication one they have a heart for but this one, jam that through. and their heating bills; that families they don’t really like. So those are two environmental rid- should not have to choose between put- I think they took the heat back ers that are in the bill that are very ting food on the table or keeping their home, and good for the American peo- dangerous for the American people. So furnaces on at night, and children ple. They then decided they had to pass it is sort of like, here is $1,000 for you should always have a warm home to it because if they didn’t pass it, work- with the payroll tax cut, but we have sleep in at night. LIHEAP is targeting ing people were going to notice that just increased your risk of getting those families who are most in need. In $1,000 increase in their taxes. asthma or perhaps dying of cancer or a fact, the average household served by So we are facing a very odd situation. heart attack. Maybe that is why they LIHEAP in Minnesota had an income Having served in the House for 10 object to having a vote on this bill. of $16,000, and 85 percent of the homes years—I had left before Newt Gingrich Now, in this bill, the way they pay served by LIHEAP included at least became Speaker; I ran for the Senate. I for things is unbelievable. They are so one senior, a person with a disability, know how things work over there. I can fearful of hurting the upper income or a child under the age of 18. These almost see—though I have no accuracy people—those earning over $1 million a

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.026 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8570 CONGRESSIONAL RECORD — SENATE December 14, 2011 year and paying for this payroll tax cut to vote on a Republican bill, other than they have reached an agreement that it the way we do, with a small surtax on the fact that that bill, in my view, ex- can go through their State in a little the millionaires and billionaires, which poses a set of values that are not con- different direction. doesn’t kick in until they get past the sistent with the American people. We think we ought to create those $1 million mark—they go after the I yield the floor. 20,000 jobs and we ought to do it right middle class. They raise premiums on The PRESIDING OFFICER. The Sen- now and this legislation that has come Medicare for 25 percent of Medicare re- ator from Iowa. over from the House does that. This cipients who earn $80,000 a year, and Mr. GRASSLEY. Mr. President, I ask legislation coming over from the House they raise it 15 percent for some of unanimous consent to speak for what puts some block of some regulations them in this time of recession. They time I might consume, but I wouldn’t going into effect that is going to elimi- cut the number of weeks an individual expect it would be more than 30 min- nate jobs or stop the creation of jobs. can get unemployment insurance, utes. So we are a little bit irritated about which also, at this time, is just plain The PRESIDING OFFICER. Without the inconsistency between an adminis- cruel. They go after the salaries of objection, it is so ordered. tration that wants us to pass legisla- middle-class workers, such as Federal Mr. GRASSLEY. Mr. President, I tion to create jobs when, at the very firefighters, veterans, nurses, air traf- have come to the floor to speak about same time, one person is making a de- fic controllers, FBI agents, and all Fed- the Fast and Furious investigation. cision that we are not going to move eral employees while they allow gov- But I would also like to follow up and ahead with job creation projects. This ernment contractor employees to earn have this portion of my remarks follow legislation allows to move ahead for up to $700,000 a year. the Senator from California because I that. think my side has a legitimate position Senator GRASSLEY is here, and I f know he probably disagrees with some to take on some job creation things FAST AND FURIOUS of what I said, but I know he agrees on that are in the House bill that has the Federal contractor issue. In this come over here; that if people just hear Mr. GRASSLEY. Mr. President, the particular bill, which the House craft- one side of the story, they might mis- reason I came to the Senate floor is to ed, I say to my friends, they go after understand we are not interested in give my colleagues an update on the middle-class workers, but the govern- creating jobs and we are only inter- Fast and Furious investigation that I ment contractor workers can earn up ested in putting stumbling blocks in have been conducting since last Janu- to $700,000 a year. To me, that is the the way of regulations or Presidential ary 31. only reason I can see why Republicans decisions that are made. But it is di- For almost 11 months now, I have are objecting to having a vote on this rectly related to, in the case of rules by been investigating Fast and Furious, so-called payroll tax bill—because it is EPA that the Senator spoke about, it an operation of the Bureau of Alcohol, so loaded with things that are going to is a fact that under this administration Tobacco, and Firearms, ATF. On De- hurt the American people. there is an explosion of regulations. A cember 2, the Justice Department fi- So I think we ought to have that vote lot of those regulations, because of nally came clean about who helped and kill this Christmas turkey, because their cost, have led to the elimination draft its February 4 letter to Congress. it is a turkey. It is harmful to the mid- of a lot of jobs or a lot of jobs not being That was a letter I wrote that they re- dle class. It is literally going to cause created as a result thereof. sponded to since I opened the inves- an increase in premature deaths, in So if we hear the President of the tigation on January 31. It only took asthma cases, and it is literally going United States saying we ought to pass them a few days to get a letter to me to hurt middle-class workers while it legislation that he is for to create jobs that had a tremendous number of false- leaves the millionaires and billionaires or we hear the President of the United hoods in it. alone. What kind of value system is States, one or two times a week, flying That letter falsely denied ATF whis- that? Merry Christmas to the middle all over the country at taxpayers’ ex- tleblower allegations that ATF walked class. No, it isn’t. pense to give political speeches and guns. The revelation in the December 2 So, Mr. President, I ask unanimous asking to put the pressure on Congress documents of this year were the last consent that the Senate proceed to the to pass his jobs bill at the very same straw for me. They admitted the Feb- consideration of H.R. 3630, which was time his departments are issuing regu- ruary 4 letter had falsehoods in it. I just received from the House; that lations costing jobs or not creating called for Assistant Attorney General there be 2 hours of debate equally di- jobs or the President making a decision Breuer to step down, and I don’t do vided between the two leaders or their that we shouldn’t build a pipeline from that lightly. designees prior to a vote on passage of Canada down to Texas so we can im- Earlier documents had already shown the bill; that no amendments be in port more oil in a cost-effective way Mr. Breuer displayed a stunning lack of order prior to the vote; and that the from our friend Canada—a reliable judgment in failing to respond ade- vote on passage be subject to a 60-af- friend—instead of spending $830 million quately when told guns had walked in firmative-vote threshold; further, if the every day—every day—to import oil Operation Wide Receiver in the years bill is not passed, it remain the pend- and paying that to countries that ei- 2006–07. The December 2 document ing business and the majority leader be ther hate us or want to kill us, we showed that Mr. Breuer was far more recognized. think there is an inconsistency be- informed during the drafting of the The PRESIDING OFFICER. Is there tween the President who is going February 4 letter than he admitted be- objection? The Senator from Iowa. around the country giving speeches on fore the Judiciary Committee just 1 Mr. GRASSLEY. Reserving the right why Congress isn’t passing his legisla- month earlier. These two issues led me to object, and I must object, but I wish tion to create jobs, when his adminis- to call for the resignation of Mr. to make clear that the Senator from tration is making decisions—in the Breuer, the highest ranking official in California understands I didn’t come to case of the pipeline, 20,000 jobs could be the Justice Department who knew the floor to object to her request, but created right now, union-paying jobs, about gunwalking in Operation Wide on behalf of the Republican leader I do good jobs, and 110,000 jobs on the side Receiver. object. related thereto, plus what it does good The December 2 documents also es- The PRESIDING OFFICER. Objec- for the energy policy of the United tablished a number of other key points. tion is heard. States to have that built. The Presi- The first is that the Justice Depart- Mrs. BOXER. Mr. President, I thank dent is standing in the way. ment has a flawed process for respond- my colleague. We are buddies. We work He says it needs another year of ing to letters from Congress that in- together on a lot of good government study. The State Department has al- volve whistleblowers. So any of my col- issues. But the minority leader, the Re- ready given two studies over a period leagues, any of the 99 other Senators publican leader, is objecting. of years saying it is OK to go ahead. It who are writing letters to the Justice So in summing this up, as I leave the is not an environmental problem. The Department, understand they have a floor, I would ask rhetorically, why on Nebraska legislature held it up for a flawed process if it involved whistle- Earth the Republican leader is afraid little while because of the aquifer, but blowers responding to us. I will show

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.028 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8571 that to you. In the cover letter that ac- because they are unsuccessful in get- Justice cites the so-called line per- companied the documents, the Justice ting their supervisors to address fraud, sonnel policy for refusing to provide of- Department wrote that, in drafting waste, and abuse. Sometimes those su- ficials for voluntary interviews. The their February 4 response, which had pervisors attempt to cover tracks and policy is based purely on nothing but these falsehoods in it: paper over the problem. That is why we the Department’s own preferences. Department personnel . . . relied on infor- have to get the story straight from the This isn’t any law or statute or even mation provided by supervisors from the horse’s mouth. We can’t let the facts be case law. The Department has fre- components in the best position to know the filtered through multiple layers of bu- quently set aside the policy and made relevant facts. reaucracy. After all, the bureaucracy is exceptions. They were listening to supervisors filled with the same supervisors who For example, line attorneys gave because they only listen to supervisors. should have done something about the transcribed interviews under oath to That is the problem with not answer- problem in the very first place before Congress in the 1992 Rocky Flats Nu- ing the letters in a truthful way, to whistleblowers even come forward. clear Weapons Facility investigation. me, 5 days later after I handed them to These problems are particularly prev- As recently as October, assistant U.S. the Attorney General. I will show that alent in the Federal Government that attorney Rachel Lieber, the line attor- is so very large it is virtually impos- in just a minute. ney responsible for the anthrax inves- sible for anyone to ever be held ac- Clearly, the Justice Department did tigations, participated in an interview countable for anything. So it is crucial not rely on those in the best position with PBS’s ‘‘Frontline.’’ those investigating whistleblower alle- to know the facts, since the letter was How can the Justice Department tell withdrawn on December 2 due to its in- gations go straight to those on the ground level with firsthand knowledge me or argue to Congress that Congress accuracies. should not be allowed access to line at- I don’t know how they can withdraw of the facts. Their goal should be to un- derstand the underlying facts of the torneys when they give that same kind a letter that is in the public domain, of access to the press? Those are the but they just somehow withdraw the whistleblower allegations, not to in- timidate whistleblowers into silence. kinds of line personnel and individuals letter. who have the actual answers. I kind of The whistleblowers were in the best Instead, inquiries all too often focus on the whistleblowers themselves and surmise that the reason the Justice De- position to know the facts. Frontline partment will let a U.S. attorney or personnel—not supervisors—were in what skeletons they have in their clos- et. That approach is exactly what is some FBI agents be interviewed on tel- the best position to know the facts, not evision is that some public affairs offi- these senior bureaucrats or political wrong with the Federal Government and why it doesn’t function as effi- cer has looked at it and said: This is a appointees. Yet the Department failed ciently as it can. Because if more whis- good story. This is going to make us to provide a credible process for whis- tleblowers were listened to and wrongs look good. But when Congress wants to tleblowers, people who know what is were brought to the surface and trans- interview line people, no, and we have happening on a day-to-day basis, and parency ruled, there would be more ac- a constitutional responsibility to do other frontline personnel to provide in- countability. that. formation without fear of retaliation. The focus should be on whether the I would like to suggest that the Jus- Employees simply do not believe accusations are true so the problems tice Department let the public affairs they are free to report misconduct be- can be corrected. Too often, however, people make a decision of who can talk cause they see what happens to those the focus is on finding out what infor- to Congress because it might make who speak out. They know it is a ca- mation the whistleblower disclosed so them look a little better if they will reer killer because the ATF and the the agency can circle the wagons and let them talk to Congress or are they Justice Department culture protects build a defense. That needs to change. afraid we might find out something? It those who retaliate against whistle- If the department is going to regain its is irritating as heck. blowers. Yet whistleblowers in this credibility, it needs to provide straight In this case, had the Justice Depart- case spoke out anyway. answers, not talking points and spin. ment gone to the horse’s mouth before In other words, these whistleblowers The only way to provide straight an- sending an inaccurate letter to me on were speaking out, taking a chance on swers is to make sure we get straight February 4, they would have been able their professional future in Federal answers in the first place. That is one to get the story straight. The memo I Government because they knew some- reason we have pushed in our inves- have here I am not going to read, but I thing wasn’t right about the walking of tigation to be able to interview front- want to hold it up. guns. So they risked their career to line personnel. make sure the truth was known. The memo is from an ATF line agent The Justice Department objected in a who substantiated the claims of the The only crime committed by whis- letter Tuesday night. In that letter, first ATF whistleblowers. tleblowers, generally, is the crime of the Justice Department also objected I ask unanimous consent a copy be committing truth. But when the Office to us talking to first- or second-level printed in the RECORD immediately of Legislative Affairs sought informa- supervisors. This is exactly the sort of after my remarks. tion to respond to my inquiries, it approach that prevents key informa- didn’t ask these brave whistleblowers tion from getting to senior officials The PRESIDING OFFICER. Without what happened. Instead, it simply re- and to Congress and impedes objection, it is so ordered. lied on self-serving denials of senior of- Congress’s constitutional responsibil- (See exhibit 1.) ficials at ATF headquarters or the ities to see that the laws are faithfully Mr. GRASSLEY. It is dated February criminal division here in DC or the executed. In other words, we don’t just 3, 2011, the day before the Justice De- U.S. attorneys in Arizona. pass laws and say that is the end of it. partment sent their letter to me. The In other words, the Department took We have to pass laws to make sure we memo was passed up his chain in re- the word of the very officials the whis- are a check on the executive branch of sponse to investigators on my staff tleblowers alleged had mismanaged the government and that means to do the talking to him about Operation Fast situation in the very first place, with- constitutional job of oversight. That and Furious. He accurately described out getting both sides of the story. means ask questions. That means we the problems with Fast and Furious. The U.S. attorney has since admitted are entitled to answers—unless some- What he said was consistent with the in testimony to congressional inves- body is trying to cover up something. claims I had already heard from other tigators he was too strident when he When they are trying to cover up some- whistleblowers. Information such as first heard these accusations. He thing in the bureaucracy, I always tell this is why I was skeptical days later claimed he didn’t know all the facts. them: If you get stonewalled, eventu- when the Department sent its Feb- We can’t rely on the chain of com- ally the truth is going to come out. ruary 4 letter to me, denying the alle- mand when we have a whistleblower. The more truth that comes out, the gations. In other words, I had proof By definition, whistleblowers emerge more egg you are going to have on your they were lying to us. because the chain of command is bro- face. Mr. Breuer is one of those who The agent wrote in the memo about ken. Whistleblowers come to Congress has tremendous egg on his face. being ordered by a Fast and Furious

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.029 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8572 CONGRESSIONAL RECORD — SENATE December 14, 2011 case agent to hold back in their sur- and Furious. In fact, in April 2010, he and Furious. This suggests that Mr. veillance, so that they did not ‘‘burn brought that fact to the attention of Breuer and his deputy Mr. Weinstein the operation.’’ Mr. Breuer, his boss. April 2010 is 8 were down in the weeds on Operation While watching straw purchasers months before I got involved in this in- Fast and Furious a lot earlier than pre- hand off weapons to traffickers—vio- vestigation. His e-mail to Mr. Breuer viously admitted. Mr. Weinstein was in lating the laws of this country but en- about Wide Receiver said: an excellent position to write such a couraged to do it by their own Justice As you’ll recall from Jim’s briefing, ATF memo, since Mr. Breuer has acknowl- Department—the case agent ‘‘told all let a bunch of guns walk in efforts to get up- edged that Mr. Weinstein was one of the agents to leave the immediate stream conspirators but only got straws, and the individuals who approved wiretaps area.’’ didn’t recover many guns. Some were recov- in the summer of 2010 as part of Oper- While a crime was being committed ered in [Mexico] after being used in crimes. ation Fast and Furious. However, we the agent said to the agents to leave It is ironic that is how Mr. Weinstein had to learn of this memo from sources the area immediately. The memo ex- described Wide Receiver. He was one of not from the Justice Department but plicitly says: the officials who authorized wiretaps in from outside of the Justice Depart- The transaction between the suspects took Fast and Furious. Therefore, he was in ment. The Justice Department has not place and the vehicle that took possession of a position to know that exact same de- provided it to us, even though it is the firearms eventually left the area without scription applied to Fast and Furious. clearly responsive to a House Oversight agents following it. Yet he allowed the myth to be per- Government Reform Committee Octo- A crime is committed, U.S. agents petrated that ATF would never do such ber 25 subpoena. there let them move on. a thing. Mr. Weinstein saw the Justice This type of maneuvering is what got After the phone call to my staff, the Department’s very first draft of the the Justice Department in trouble to ATF agent’s supervisor requested that letter to Congress. In fact, as one of his begin with. The Justice Department he write this memo documenting what Justice Department colleagues in the should produce this document imme- he had told my investigators. This Deputy Attorney General’s office said, diately, along with all the other re- passed up the chain all the way to the ‘‘CRM,’’ which happens to be the crimi- sponsive documents. ATF leadership. We know that because nal division, and OLA, which is the Of- This investigation will continue. there are e-mails attaching the memo fice of Legislative Affairs—‘‘CRM and People must be held accountable. The sent to senior headquarter officials. OLA basically drafted it.’’ Justice Department must stop However, the Justice Department has Mr. Weinstein knew the letter con- stonewalling today. refused to provide copies of those e- tained a blatantly false line. Yet he did EXHIBIT 1 mails and will only allow them to be nothing to correct it and that line thus U.S. DEPARTMENT OF JUSTICE, BU- reviewed at Justice Department head- remained in every successive draft of REAU OF ALCOHOL, TOBACCO, FIRE- quarters. the letter. ARMS AND EXPLOSIVES, The Department has also refused to On December 2 this year, the Justice Washington, DC, February 3, 2011. provide a copy of this memo. My staff Department’s latest spin was that its Memorandum To: Special Agent in Charge, Dallas Field Division had to obtain it from confidential statement that ‘‘ATF makes every ef- Thru: Resident Agent in Charge, Lubbock sources. fort to interdict weapons’’ was ‘‘aspira- Field Office One of the questions yet to be an- tional.’’ Nevertheless, that did not stop From: Gary M. Styers, Special Agent, Lub- swered is who in the Justice Depart- them from withdrawing the letter for bock Field Office ment saw the memo and when. Either inaccuracies. Perhaps the ‘‘aspira- Subject: Contact with Congressional Inves- way, once the Justice Department got tional’’ language should be saved for tigators hold of it they tried to keep it under mission statements. Responses to spe- On February 2, 2011, at approximately 1500 wraps by refusing to give me a copy. hours, ATF Special Agent Gary Styers was cific and serious allegations ought to, contacted telephonically by Robert Donovan They made my staff go to the Justice in a commonsense way, stick to the and Brian Downey, representing United Department to view it, even though the facts, right? This was an oversight let- States Senator Chuck Grassley and the Sen- entire memo simply recounts informa- ter. I was not asking for some ‘‘feel ate Judiciary Committee. Downey and Dono- tion that was already provided to my good’’ fuzzy message about what ATF van after identifying themselves asked Spe- staff. It is embarrassing to the Depart- aspired to. I was asking for simple cial Agent Styers if he would be willing to ment because it shows that the truth facts. answer some questions regarding the time was easily knowable before the false A U.S. Border Patrol agent had died, Special Agent Styers spent on a detail to the denial was sent to Congress on Feb- and at the scene of his death were two Phoenix Field Division, Phoenix Group VII Office. Special Agent Styers said he would be ruary 4. If they had asked for firsthand guns from Fast and Furious. So his willing to answer questions to the best of his documentation such as this memo death was connected to the ATF oper- knowledge. when they first got my letter in Janu- ation. Whistleblowers were reaching Special Agent Styers was asked if he was ary, we would not be where we are outside of the chain of command be- familiar with the large firearms trafficking today. cause supervisors would not listen. In- case in Phoenix Group VII and Special Agent The second point these documents es- stead of treating these allegations with Styers said he was. Downey and Donovan tablish is that main Justice had prob- the kind of seriousness they deserved, asked if Special Agent Styers knew the name of the case and he responded that it was lems of its own. It was not all the fault the Justice Department resorted to ‘‘Fast and Furious.’’ Downey and Donovan of the ATF or the U.S. attorney. Mr. damage control. then asked if Special Agent Styers knew who Breuer’s deputy, Deputy Attorney Gen- I do not know what else my inves- the case agent was and Special Agent Styers eral Jason Weinstein, participated in tigation is going to uncover, but we are said it was Special Agent Hope McAllister. drafting a false statement. The Justice going to pursue it until we get to the Special Agent Styers was also asked who the Department’s February 4 letter read: end of it because my goal is to find out supervisor of the group was and Special ATF makes every effort to interdict weap- who at the highest level of govern- Agent Styers said it was Group Supervisor ons that have been purchased illegally and ment, in Justice or the White House, David Voth. Downey and Donovan also asked prevent their transportation to Mexico. who helped Special Agent McAllister, Spe- approved this, and get them fired; cial Agent Styers said that Special Agent Documents show that line originated make sure that the Terry family gets McAllister had a Co-Case Agent from Immi- in a phone conversation, February 1, all of the information about the death gration and Customs Enforcement (ICE) as 2011, between Justice Department leg- of their son—to this point they have well as an agent from Group VII. Downey islative affairs assistant director Billy had hardly anything—and, No. 3, to and Donovan asked who was the Agent from Hoover from ATF and Jason Weinstein make sure a stupid program like walk- ICE and Special Agent Styers told them it from main Justice’s criminal division. ing guns, Fast and Furious, et cetera, was Lane France. Like Assistant Attorney General Downey and Donovan asked Special Agent never happens again. Styers if he knew what the agents were as- Breuer, Mr. Weinstein knew that ATF This week the investigation revealed signed to do on the investigation. Special had let hundreds of weapons walk in that shortly after the February 4 let- Agent Styers explained that a group of Operation Wide Receiver, which was an ter, Lanny Breuer asked Mr. Weinstein agents were assigned to the case and that earlier, smaller scale case than Fast to write up an analytical memo of Fast since the case was in the stage of an active

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.031 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8573 wiretap, some agents were working within request. I requested that the Federal history. Yet the FCC is saying if you the group and Special Agent Styers was then Communications Commission turn cannot force us to be open, we won’t do asked about his general impression of the over communications regarding its it. I wrote another letter asking the Fast and Furious case. Special Agent Styers controversial approval of the FCC for documents on September 8, stated that the case had systematically di- LightSquared project. LightSquared is vided and isolated agents from the group. and again I was stonewalled. The case agent had solicited the advice of a company owned by a hedge fund This brings us to where we are today, numerous experienced agents, including Spe- called Harbinger Capital Partners that 230-some days later. The FCC’s decision cial Agent Styers, regarding how to conduct is seeking FCC approval to use its sat- to impede Congress’s constitutional and end the wiretap operations and case ellite spectrum to build a terrestrial duty of oversight has forced me to overall. Special Agent Styers gave the case wireless network. To accomplish its make a difficult decision. I do not take agent his honest opinion and advice since goals, LightSquared has already spent that decision to hold up nominees Special Agent Styers had worked two wire- millions of dollars on lobbyists and lightly, but I never do it in secret. I al- tap investigations in his career. Special made large political donations. ways put a statement in the RECORD, Agent Styers felt that his advice and opin- The problem is that LightSquared’s and this is in addition to that state- ions, as well as other agents’ advice and signals would, according to Federal opinions were widely disregarded. Along with ment. But when an agency flagrantly other agents within the group, Special Agent Government tests, cause massive inter- disregards congressional oversight, Styers explained that he was no longer asked ference with the global positioning sys- something must be done. to assist with Fast and Furious and con- tem, more commonly referred to as Before I publicly announced my in- centrated on his assigned cases and provided GPS. GPS, as you know, is a critical tention to hold the nominees, I, necessary assistance to fellow agents within tool for anything from military drones through staff, contacted the FCC offi- the detail and group. and missiles to car and ship naviga- cials. I informed them that if the docu- Downey and Donovan asked Special Agent tion. LightSquared’s initial plan, Styers what he felt was incorrect about the ments were not forthcoming, I would which the FCC conditionally approved, hold up the Federal Communication way the Fast and Furious case was con- would have interfered with just about ducted. Special Agent Styers explained that Commission’s nominees whom the every single GPS user. President sent up here. I was surprised first and foremost, it is unheard of to have The surprising fact is that there is no an active wiretap investigation without full and disappointed by their response. De- evidence the FCC even tested time dedicated surveillance units on the spite knowing my intentions, they ground. Special Agent Styers relayed that no LightSquared’s plan before approving it. In fact, the FCC granted this waiv- chose not to provide any documents. agents in the group were assigned to surveil- As a result, I am honoring my promise lance on the Fast and Furious case. Special er—which is estimated to be worth at Agent Styers said that other agencies or least $10 billion to LightSquared—in a to hold those nominees. task force officers may have been used to shortened comment period starting It is unfortunate the FCC has chosen conduct surveillance and respond to calls of right around Thanksgiving, 2010. Giv- this path. Due to the FCC’s decision to FFLs, but it seemed that either the case ing a company a possible $10 billion hide its actions from the public and agent or Group Supervisor would poll the of- windfall in a holiday-shortened com- Congress, these nominations are now fice for agents who were available to respond ment period without doing any testing stalled in the Senate. The question I at short notice. would ask today of my colleagues and Secondly, Special Agent Styers said that it is very suspicious. Risking our Na- tion’s GPS assets, including the role the President of the Senate is: Why? appeared odd to have a majority of ATF The FCC has already told me it would Agents working on a wiretap investigation, they play in defending our Nation to who had never worked such a case. Espe- accomplish this goal, is downright dan- likely provide these documents if cer- cially, when numerous, permanent Group VII gerous. tain members—chairmen of commit- agents and detailers had previous wiretap ex- The question I am asking is, Why tees—asked for them, but somehow 99.6 perience. would the FCC do this? Of course, to percent of the Congress has no right to Special Agent Styers was provided with get to the bottom of this question I this information. In other words, 99.6 contact information for Downey and Dono- asked the Federal Communications percent of the Members of Congress van and the conversation was ended. Special Commission for some documents— cannot do their constitutional job of Agent Styers contacted the Lubbock Resi- oversight of the Federal Communica- dent Agent in Charge, Jim Luera at 1545 again, a simple question, a request for hours after the conversation with Downey some information. The FCC, an agency tions Commission. To paraphrase a and Donovan ended, to inform him of the with employees who are supposed to very popular slogan these days, I guess contact. Special Agent Styers was later work for the American people, said no that makes me part of the 99.6 percent. asked to document the conversation herein to my request. My staff was told the My concern is not just specific to and attempted to do so to the fullest extent FCC intentionally ignored my docu- this document request. It is broader possible. ment request. The FCC officials said than that. In the future, any Member Respectfully, they have determined that they will of Congress may request documents GARY M. STYERS. only be responsive to two Members of from the FCC. As the courts have put Mr. GRASSLEY. Mr. President, I do Congress: the Chairs of the House and it, every Member has a voice and a vote not see another Member on the floor. Senate Commerce Committees, not in the process under the Constitution. Unless some staff person among the even to ranking members of those same Each one of us has the authority to re- Republicans or Democrats tells me committees, and, of course, not to quest and receive information from the somebody is coming, I wish to take an- members of those committees whether executive branch in order to inform other 5 minutes, if I could. you are majority or minority. Presum- those votes. That is what our court has The PRESIDING OFFICER. Without ably, they would not even answer to said. That authority is inherent in objection, it is so ordered. the majority leader of the Senate or to each Member’s responsibility to par- Mr. GRASSLEY. Mr. President, more the Speaker of the House, but for sure ticipate in the legislative process. like 7 or 8 minutes. they surely are not answering to this The creation of the committee sys- The PRESIDING OFFICER. Without senior Senator from Iowa. If you hap- tem and the delegation of certain re- objection, it is so ordered. pen to be one of the 99.6 of the Congress sponsibilities to committee chairmen f who doesn’t chair one of those two doesn’t change that at all. Individual committees, from the FCC’s point of Members still have a right, as well as a FCC HOLDS—LIGHTSQUARED view, sorry, you are out of luck. No responsibility, to inform themselves by Mr. GRASSLEY. Mr. President, the documents for you. This attitude is un- requesting information directly from cornerstone of Congress’s ability to ef- acceptable. I conveyed my concerns to agencies. For Congress to have a com- fectively oversee the Federal Govern- the FCC on July 5 and asked again for plete view of how an agency works, we ment is the free and open access to in- documents. Again, I was stonewalled. need to have access to documents. formation—in other words, congres- This time the FCC claimed that since I Turning off that flow of information sional oversight, what I was talking cannot subpoena the FCC, it would not shortcircuits transparency and hurts about in regard to Fast and Furious. respond. accountability. On another investigation 231 days President Obama committed to run In this case, the Federal Communica- ago, on April 27, I made a very simple the most transparent administration in tion Commission’s actions have real-

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.003 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8574 CONGRESSIONAL RECORD — SENATE December 14, 2011 world effects. The FCC’s decision to turn acutely. With four unemployed rival special interest pet projects such grant a waiver to LightSquared created job seekers for every one job and mid- as the Keystone pipeline and further ef- uncertainty for GPS users, and that in- dle-class families struggling to get forts to weaken the Clean Air Act. cludes our own National Defense Agen- by—the possibility that Congress The Republican plan ignores the re- cy, the Department of Defense, and would let the payroll tax cut and job- ality and the challenges that face other Federal agencies. Another one is less benefits expire is unthinkable. American families—to maintain their the Federal Aviation Administration I have joined my colleagues on this home, to maintain their job, to provide which claims that 800 people would die side of the aisle and voted time and for the future of their families and as a result of LightSquared’s initially again to cut taxes for middle-class their children and their retirement. proposed network. To the FAA, the families, and each time our Republican For those who have lost their jobs in FCC’s decision could have killed peo- colleagues have opposed the measure one of the worst economic downturns ple. because they value tax breaks for the we have ever faced, unemployment in- The Department of Defense wrote a top one-tenth of 1 percent of income surance is a lifeline. It is also impor- letter to the FCC saying that it was earners more than they do tax cuts for tant for Main Street businesses that not consulted by the FCC. Press re- middle-class Americans. Republicans rely on these dollars. Grocery stores ports say that General Shelton—who have even rejected our effort to provide and drugstores—they all depend on heads up GPS for the Armed Forces— tax cuts to businesses and provide people having some cash to come in said that LightSquared’s interference them incentives to hire. So in response, and take care of the necessities of life. would harm the military’s use of GPS. Democrats narrowed the focus of the Without the extension of jobless bene- To the Department of Defense, the Fed- tax cuts to employees. But, Repub- fits, consumers will pull back spending, eral Communication Commission’s ac- licans again refused to provide a tax hurt local businesses, and decelerate tions would have harmed national se- cut for the middle class because it was the progress our economy has made. curity. paid for by asking the top one-tenth of We have had 21 months of private These are only two agencies, but the 1 percent of Americans to contribute. sector job growth. This is not sufficient Department of Transportation, NASA, We have seen Republicans refuse to to satisfy the needs across the country, and NOAA, among others, have already invest in our Nation’s roads, bridges, but the growth stands in stark contrast raised concerns about LightSquared’s schools, and in policies that will create to the absolute collapse of employment plan. The effects of the FCC’s decision jobs because Republicans cling to their in the last months of the Bush admin- are not just limited to the Federal belief that the wealthiest in our Nation istration. This job growth has not been Government; they also affect ordinary should not have to share in the sac- an accident. It has been the result of Americans. Here are two examples: For rifice every other American has made decisions that the President and Con- Americans who hope that NextGen air during these very difficult economic gress made, which include the Recov- traffic control will reduce air traffic times. Republicans have voted in favor ery Act and other programs that keep delays, the FCC’s action would have of millionaires and billionaires five the economy moving—not fast continued to increase air traffic wast- times, costing middle-class Americans enough—but keep it moving forward. ing time, fuel, and ultimately money tax cuts and the continuation of job- The Economic Policy Institute has for the flying public. For Americans less benefits and other policies that estimated that failing to extend UI who use precision agriculture to save would help create and sustain jobs. benefits could result in a loss of $72 bil- time and money, the FCC’s actions Republicans are not putting forth se- lion of economic activity in 2012—$72 would harm the accuracy and reli- rious proposals. The House Republican billion of lost demand, which would ability of their equipment. This again extenders plan that passed that body slow down the economy and slow down leads to wasted energy, lower crop yesterday is the latest example of not job creation. yields, and higher prices for products only brinksmanship but their ideolog- These are challenging times for mil- such as wheat and corn. At the end of ical rigidity. Instead of reaching a sen- lions of Americans. We cannot afford to the day, the FCC’s actions would cost sible compromise that works for all let Congress be sidetracked by mar- the American consumers money. Americans, the House Republicans Does the FCC even care? I don’t ginal issues. The core issues are very voted to slash the current unemploy- know. But the agency certainly has not clear: extend tax cuts for middle-class ment insurance program nearly in half provided any evidence that it took any Americans, continue unemployment and eliminate targeted relief for the of this information into consideration. benefits to those desperately searching hardest hit States like Rhode Island What we see today is an agency that is for work. We are facing a tough job even as our job market is still weak completely unaccountable and unan- market; we have to pass these meas- and 14 million Americans are out of swerable to 99.6 percent of the Congress ures. We have to pass a clean tax cut and, by extension, the American pub- work. Republicans are in effect refus- for millions of working middle class lic. This is simply wrong, and I will ing to pass critical legislation, particu- families, and we have to continue job- continue to hold the FCC’s nominees larly with respect to continuing unem- less benefits in order to help millions until this attitude changes. ployment insurance. And instead of of out-of-work Americans looking for a I yield the floor. continuing unemployment insurance job. The PRESIDING OFFICER (Mr. they are working to put an end to it by I yield the floor and note the absence UDALL of New Mexico). The Senator implementing aggressive waivers lead- of a quorum. from Rhode Island is recognized. ing to block granting and creating arti- The PRESIDING OFFICER. The f ficial barriers to benefits—all with the clerk will call the roll. long-term goal of dismantling the sys- The assistant legislative clerk called BENEFITS EXPIRATION tem. The Republicans would blunt one the roll. Mr. REED. Mr. President, I rise of the most effective countercyclical Mr. BOOZMAN. Mr. President, I ask today to urge my colleagues to imme- tools we have and ultimately throw it unanimous consent that the order for diately extend the payroll tax cut and away. the quorum call be rescinded. to fully continue jobless benefits for At the core of the Republican Party’s The PRESIDING OFFICER. Without millions of Americans. In less than 3 effort to reduce jobless benefits is the objection, it is so ordered. weeks 160 million Americans face an terribly misguided belief that Ameri- f automatic tax increase and millions of cans don’t want to work. I say to my out-of-work Americans will begin to Republican colleagues—Americans do KEYSTONE XL PIPELINE lose their jobless benefits. In order to want to work. But we have to create Mr. BOOZMAN. Mr. President, when keep our economy on track, we must jobs or incentivize the private sector to President Obama was sworn into office, continue the payroll tax cut and job- create jobs so they can work. the Nation’s average price for a gallon less benefits for millions of out-of-work Instead of compromising and focus- of gasoline was under $2. We all know Americans. ing on economic policies that will help that is not the case today. In most My State of Rhode Island, in par- create jobs and help the middle class, parts of the country, gas remains well ticular, has felt the economic down- House Republicans focus on dead-on-ar- over $3 a gallon. In my home State of

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.033 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8575 Arkansas, the price of gas ranges any- leum trade with one of our most reli- 3 years, and not just come home but where from just under $3 to $3.50 a gal- able allies, one of our most reliable come home with honor having suc- lon. The reason it stayed at a steady friends, instead of depending on the ceeded in their mission for the simple price is because there is a decreased de- likes of Saudi Arabia and hostile re- reason that the surge worked. mand because of the poor economy. gimes such as Venezuela for much of All of this is possible because in 2007, Business owners will tell you that our oil. The amount of oil provided with the war nearly lost, we changed when the price of gas hits $3.50 a gal- through this project is equal to half our strategy, changed our leaders in lon, it truly does affect how decisions the amount we import from the Middle the field, and sent more troops. This are made. When it hits the $4 mark, East. I doubt that anyone in this body policy was vehemently opposed at the things start to shut down in terms of would argue that any of the countries time by then-Senator Obama and now the economy because the average per- we import oil from in that region are President of the United States and his son’s disposable income is going to the more stable than Canada. senior leaders right here on the floor of gas pump instead of local businesses. President Obama needs to quit pan- this Senate. Our country at this time lacks an en- dering to the radical environmental- On January 10, 2007, the day the ergy policy. We are also facing a jobs ists. He needs to do what is best for the surge strategy was announced, then- crisis of enormous magnitude. And our country, not what he perceives is best Senator Obama said: President is standing in the way of one for his reelection. The Keystone Pipe- I am not persuaded that 20,000 additional project that can help address both of line is what is best for America. Let’s troops in Iraq is going to solve the sectarian these problems: the Keystone XL Pipe- move forward. violence there. In fact, I think it will do the line. Mr. President, I note the absence of a reverse. The proposed 1,700-mile pipeline quorum. On November 15, 2007, when it was would transport 700,000 barrels of oil The PRESIDING OFFICER. The clear to GEN David Petraeus and Am- per day from Canada to U.S. refineries clerk will call the roll. bassador Ryan Crocker and many of us in the gulf coast. Canada’s oil sands are The assistant legislative clerk pro- that the surge was working, then-Sen- among the largest oil reserves in the ceeded to call the roll. ator Obama said: world. As global demand for oil surges Mr. MCCAIN. Mr. President, I ask The overall strategy is failed because we and Canada increases production, the unanimous consent that the order for have not seen any change in behavior among addition of the Keystone Pipeline will the quorum call be rescinded. Iraq’s political leaders. ensure that Americans benefit from re- The PRESIDING OFFICER (Mr. Finally, on January 28, 2008, when it liable and secure oil from our largest CARDIN). Without objection, it is so or- was undeniable the surge was suc- trading partner and trusted ally. dered. ceeding, he had this to say: The $7 billion pipeline cost will be WITHDRAWAL FROM IRAQ President Bush said that the surge in Iraq paid by the Keystone consortium and Mr. MCCAIN. Today the President of is working, when we know that’s just not will fund nearly $1⁄2 billion in salaries. the United States traveled to Ft. true. It will result in the purchase of $6.5 bil- Bragg, NC, to mark the end of the war At the time the President’s preferred lion worth of materials, services, and in Iraq and to pay tribute to the more alternative was to begin an immediate other local economic activity. None of than 12.5 million men and women of withdrawal and have all U.S. troops this will be funded with any Federal our Armed Forces who have served and out of Iraq by the end of 2009. I will let money. It is a no-brainer. fought there since 2003. Those Ameri- future historians be the judge of that Some of these jobs are in my home cans deserve all of the praise and rec- proposed policy. All I will say is that State of Arkansas. Welspun Tubular ognition they receive, for they have for 3 years, the President has been har- Company, which makes pipes for the given up their comfort and safety. vesting the successes of the very strat- oil industry, has been producing pipe They have given up less demanding and egy he consistently dismissed as a fail- for the Keystone project. Unfortu- more lucrative jobs. They have given ure. I imagine this irony was not lost nately, due to the administration’s parts of their bodies and cherished on a few of our troops at Fort Bragg delay on Keystone, the company has parts of their lives. They have given today, most of whom deployed and already begun to lay off workers in Lit- the quiet little sacrifices that often go fought as part of the surge. tle Rock. They have 500 miles of pipe unmentioned but often hurt the most: The fact is, the President has con- that was produced for the project, the anniversaries spent alone, the birth sistently called for a complete with- ready to go, that is just sitting in the of a child missed, the first steps not drawal of all U.S. troops from Iraq at facility. seen, and the first words not heard. the earliest possible date, and he has By delaying the start of the project, They have given all of that, and al- never deviated from this position as it is putting Americans out of work in- ways they are prepared to give more. President. Indeed, he always reaffirmed stead of putting Americans to work. They deserve to be honored by us all. I his campaign promise to end the war in Delaying this project costs thousands know the President’s words of praise Iraq and withdrawal of our troops. So of well-paying jobs when Americans and appreciation for our troops today perhaps it should not have come as a need reliable employment, and it hurts were sincere and heartfelt. I have every surprise when the President announced Arkansas businesses that have invested reason to believe he will do all in his in October that he was ending negotia- millions of dollars to help produce the power to keep his promises to take tions with the Iraqi Government over pipeline. It is also a major step back- care of our troops and their families at whether to maintain a small number of ward for energy policy goals of reduc- home and to never forget how those U.S. troops in Iraq beyond this year to ing our dependence on oil from unsta- noble Americans have done far more continue assisting Iraq security forces. ble regimes. than their fair share for the better- I continue to believe this decision When it comes to energy policy, I am ment of our Nation. represents a failure of leadership, both kind of a T. Boone Pickens guy. I firm- The President is a patriot and a good Iraqi and American; that it was a sad ly believe that if it is American, we American, and I know his heart swells case of political expediency triumphing need to be using it. This goes for not with the same pride and sense of awe over military necessity, both in Bagh- only renewable forms of energy but the all of us feel when we are in the pres- dad and in Washington; and that it will vast amount of fossil fuels we have ence of our men and women in uniform. have serious negative consequences for been blessed with throughout the These are humbling feelings, feelings of Iraq’s stability and our national secu- United States and directly off our wonderment and gratitude, and they rity interests. shores. If we use what we have here in unite all Americans whether they sup- I sincerely hope I am wrong, but I a responsible manner, we can be better ported the war in Iraq or not. fear that GEN Jack Keane, who is one positioned to pick and choose from But let me point out a fact the Presi- of the main architects of the surge, whom we import our remaining oil. dent did not acknowledge today, which could be correct again when he said re- Importing oil from Canada would ac- is this: Our men and women in uniform cently: celerate America’s independence from have been able to come home from Iraq We won the war in Iraq, and we are now overseas oil by increasing the petro- by the tens of thousands over the past losing the peace.

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.034 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8576 CONGRESSIONAL RECORD — SENATE December 14, 2011 Let me be clear. Like all Americans, There was an expectation that we would drawal from Iraq faster than our com- I too am eager to bring our troops negotiate something that looked like a re- manders recommended, to their hands- home. I do not want them to remain in sidual force for our training with the Iraqis. off approach to the Iraqi process of Iraq or anywhere else for a day longer Everybody believed it would be better if government formation last year, to there was some kind of residual force. than necessary. But I also agree with their record of delay and passivity on our military commanders in Iraq who So if that is not the reason, I ask the question of maintaining a presence were nearly unanimous in their belief again: What happened? The prevailing of U.S. troops beyond this year, this that some U.S. forces, approximately narrative is that the U.S. and Iraqi administration has consistently failed 20,000, should remain for a period of leaders could not reach agreement over at the highest level to lead on Iraq. time to help the Iraqis secure the hard- the legal protections needed to keep I say again, perhaps this outcome earned gains that we had made to- our troops in Iraq. To be sure, this was should not have been a surprise. It is gether. a matter of vital importance. But while what the President has consistently All of our top commanders in Iraq, by this may have been a reason for our promised to do, and that decision the way, chosen by the President of the failure, the privileges and immunities makes good political sense for this United States—all of our top com- issues are less causes than symptoms President. But such decisions should manders in Iraq—General Petraeus, of the larger reason we could not reach not be determined by domestic politics. General Odierno, General Austin, all of agreement with the Iraqis. Because of The brave Americans who have fought them believed we needed to maintain a his political promise to fully withdraw so valiantly and have given so much presence of U.S. troops there, and they from Iraq, the President never brought did so not for political reasons but for consistently made that clear to many the full weight of his office to bear in the safety and security of their fellow of us during our repeated visits to Iraq. shaping the politics and the events on citizens, for their friends, for their On February 3, the commander of the ground in Iraq so as to secure a re- families, for their children’s future, U.S. forces in Iraq, GEN Lloyd Austin, sidual presence of U.S. troops. This left and for us. and U.S. Ambassador to Iraq Jim Jef- our commanders and our negotiators in This is a decisive moment in the his- frey testified to the Committee on mostly trying to respond to tory of America’s relationship with Armed Services that for all of the events in Iraq, trying to shape events Iraq and with all of the countries of the progress the Iraqi security forces had without the full influence of the Amer- broader Middle East. This is a moment made in recent years—and it has been ican President behind them. when the substantial influence we have substantial—they still have critical Last May, I traveled to Iraq with the long enjoyed in that part of the world gaps in their capabilities that will en- Senator from South Carolina, Mr. GRA- could be receding—in fact, it is reced- dure beyond this year. Those short- HAM. We met with all of the major ing. We cannot allow that to be our Na- comings included enabling functions Iraqi leaders. All of them were ready to tion’s future. We must continue to for counterterrorism operations, the come to an agreement on a future pres- lead. We must not let short-term polit- control of Iraq’s airspace, and other ex- ence of U.S. troops in Iraq. But as ical gains dictate our longer term ternal security missions, intelligence Prime Minister Malaki explained to us, goals. We need to continue working to collection and fusion, training and the administration at that time and for shape a freer, more just, and more se- sustainment of the force. the foreseeable future had not given cure future for both Iraq and for people Our commanders wanted U.S. troops the Iraqi Government a number of across the Middle East, for it is in our to remain in Iraq beyond this year to troops and missions that it would pro- own national security interest to do so. continue assisting Iraqi forces in fill- pose to keep in Iraq. Over 4,000 brave, young Americans ing these gaps in their capabilities. In- For weeks after, the administration gave their lives in this conflict. I hope deed, Iraqi commanders believed the failed to make a proposal to the Iraqis, and I pray—regardless of these deci- exact same thing. In August, the chief and when the Iraqis finally united in sions made in large part for political of staff of Iraq’s armed forces could not August and publicly asked the adminis- reasons—that their sacrifice was not in have been any clearer. He said: tration to begin negotiations, the re- vain. I hope their families will not The problem will start after 2011. The poli- sponse from Washington was again mourn the day their sons and daugh- ticians must find other ways to fill the void characterized by delay. This ensured ters went out to fight for freedom for after 2011. If I were asked about the with- that a serious negotiation could not the Iraqi people. drawal, I would say to politicians, the U.S. begin much less succeed. Unfortunately, it is clear that this Army must stay until the Iraqi Army is fully I know Iraq is a sovereign country. I decision of a complete pullout of U.S. ready in 2020. know it has an elected government troops from Iraq was dictated by poli- During repeated travels to Iraq with that must answer to public opinion. I tics and not our national security in- my colleagues, I have met with all of know there could be no agreement over terests. I believe history will judge this the leaders of Iraq’s major political a future U.S. military presence in Iraq President’s leadership with the scorn blocs, and they too said they would if Iraqis did not agree to it and build and disdain it deserves. support keeping a presence of U.S. support for it. So this is as much a fail- I suggest the absence of a quorum. troops in Iraq. So let’s be clear. This is ure of Iraqi leadership as it is of Amer- The PRESIDING OFFICER. The what our commanders recommended, it ican leadership. But to blame this on clerk will call the roll. is what Iraqi commanders rec- the Iraqis does not excuse the fact that The bill clerk proceeded to call the ommended, and it is what all of Iraq’s we had an enormous amount of influ- roll. key political leaders said privately ence with Iraq’s leaders and we did not Mr. BLUNT. Mr. President, I ask that they were prepared to support. So exercise it to the fullest extent pos- unanimous consent that the order for what happened? What happened? sible to achieve an outcome that was in the quorum call be rescinded. Advocates of withdrawal are quick to our national security interest. The PRESIDING OFFICER. Without point out that the current security ar- In fact, in the view of many, they de- objection, it is so ordered. rangement which requires all U.S. liberately refused to come up with a f troops to be out of Iraq by the end of number. They deliberately refused to this year was concluded by the Bush engage in serious negotiation with the KEYSTONE XL PROJECT administration. That is true. But it is Iraqis, with the ultimate purpose of Mr. BLUNT. Mr. President, the House also beside the point. The authors of fulfilling the Presidents’s campaign yesterday passed a bill that included that agreement always intended for it pledge that he would get all U.S. troops an effort to move forward on the Key- to be renegotiated at a later date to out of Iraq. stone XL Pipeline project, and I wish allow some U.S. forces to remain in That is not a violation of sov- to talk about that project for a while Iraq. ereignty. That is diplomacy, that is today and American energy generally. As former Secretary of State leadership. Leaders must shape events We all agree private sector job cre- , whose State Depart- and public opinion not just respond to ation needs to be the No. 1 priority in ment team negotiated the security them, and starting in early 2009, from Washington. One of the best ways to agreements, has said: their desire to accelerate our with- jump-start job creation is simply

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.041 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8577 through good energy projects. The from Venezuela. So why would we want sion in favor of the project could shortest path to more American jobs is to send $1 to Venezuela or $1 to Saudi dampen enthusiasm among volunteers more American energy. Arabia for energy if we could send $1 to needed for door-to-door campaigning in Unfortunately, the President and the Canada and almost all of that $1 comes battleground States.’’ administration have delayed one of the right back to us? I thought that bus went to battle- largest domestic, shovel-ready projects Domestically, this project would help ground States. That should be enough until after the election next year. This encourage more oil production in the to get to battleground States. We is a project that is ready to go. The Bakken formation in the Upper Great shouldn’t have to worry about not hav- States this project would go through Plains. The Bakken formation—which I ing these volunteers because we choose have cleared the way for the project. sure didn’t know about 15 years ago to do what makes sense for us in the There is no government money in- and I don’t know that anybody did—is energy situation. volved. This just takes a government thought to be the greatest new energy Others have noted that ‘‘the Presi- OK, saying: Yes, it is all right to create development since Prudhoe Bay in the dent decided to punt on this project in these jobs. These jobs not only have 1960s. I read somewhere the other day order to placate parts of the coalition the short-term impact of creating the that North Dakota has become the that elected him in 2008.’’ jobs that are created to build the pipe- fourth or fifth energy-producing State Americans are looking for jobs, not line but the long-term impact of all the in the country, passing Oklahoma. This more of the same from Washington. economic activity that occurs because is a great resource right at the incom- This isn’t time for politics. We need to of this new North American energy to ing border of where this new pipeline jump-start the private sector economy. which we would have access. In delay- and all this energy activity would be. Again, I will say, the quickest road to ing this program, the President is sim- Regardless of the White House’s deci- more American jobs is more American ply stalling the creation of thousands sion to delay this project, the Canadian energies. of jobs and postponing not only the oil sands will be developed. It is not a For the better part of 60 years, we growth in our economy but also a move question of whether there is going to have used more energy than we could toward more energy security. be a market; it is who gets the market. produce. The marketplace is there. The Not too many years ago, I don’t The Canadians have said, as they consumer is there. The user is there. think one could say with a straight should: If we don’t build a pipeline This is what capitalism is all about. It face that we need to do everything we through the United States to the refin- is what free enterprise is all about, fig- can to create something that closely eries in the Southern part of the uring out how to connect the product resembles energy independence. We are United States, we are going to build with the consumer. So we know the in a situation now with North Amer- that same pipeline in another direc- consumer is there. Let’s do what we ican energy where we can do that. The tion. Most likely, the pipeline will go can to connect that consumer with the numbers on the Keystone XL project to the Pacific coast and then the en- energy needs they have. speak for themselves. ergy goes to Asia. According to a Gallup poll, the sharp This project would create 20,000 di- Why would we want energy going to decline in the workforce last month rect jobs during the construction Asia from a trading partner where we may have more of a reflection on the phase—20,000 jobs. That is why the get 91 cents back rather than energy large number of Americans deciding to labor union movement in the country coming here? Why would we want to give up looking for work. Let’s do supports this project. Twenty thousand buy more energy from the Middle East things that energize the economy and jobs to build the pipeline. It would gen- and less energy than we could buy from energize the American workforce. erate $20.9 billion in new private sector our neighbor? Why would we think for I am glad to be a sponsor of the spending. It would generate around $5 a minute that the energy security of North American Energy Security Act. billion in new State, local, and Federal the country would be better served in The House again pursued this week a revenue when this project is being built any other way than this one? similar policy as part of their effort to and when this project is completed. Na- So this is going to most likely go to vote on a payroll tax extension, with tionwide, the project would benefit Asia. If it doesn’t go to Asia, I guess it this as an effort to create new jobs. 1,400 American job creators. can go to the Atlantic coast and go to Whether it is the Keystone Pipeline or The Keystone XL project would also Europe. But what everybody believes the Utility MACT rule that slows down help reinforce America’s energy secu- is, if it doesn’t come here, they just people’s decisions to make a job-cre- rity by reducing our dependence on turn the pipeline to the west instead of ating decision or other EPA rules and other parts of the world. With Canada, the south, and those oil sands, that potential rules that make people think our largest trading partner, it is a mir- great energy resource goes somewhere twice and three times and eventually acle relationship, this large border that else rather than where it makes more enough times you don’t do it about job we don’t worry very much about, all sense for us to get it or more sense for creation or what we need to do to get the back-and-forth economic activity them to send it. to the oil and gas shale reserves of the that occurs. In fact, for every $1 we This is as close to an energy no- country or oil in the Gulf of Mexico, would send to Canada for that energy, brainer as I can think of. But the ma- let’s do what is necessary for North they would send 91 cents back. So this jority leader says this project is dead America. Let’s make North American is $1 we are spending to get 91 cents on arrival in the Senate. I don’t believe energy work for America. I don’t know back, to be more of an energy partner he meant just dead on arrival if it was a better way to do that at less govern- with our closest neighbor—we have part of a package that extended the ment cost or less government involve- clearly a bigger border with Canada payroll tax. I think the quote was: ‘‘It ment than the Keystone Pipeline. than we do with Mexico—to be an en- is dead on arrival.’’ It is not going to I yield the floor and I suggest the ab- ergy partner with our closest neighbor go anywhere in the coming year, at a sence of a quorum. rather than to worry about energy in time when we need those jobs. Eventu- The PRESIDING OFFICER. The places where, frankly, they don’t like ally, we all know as quickly as we can clerk will call the roll. us very well. If they do like us, they get it, we need to be more dependent on The legislative clerk proceeded to don’t get the money back to us in the North American energy and less de- call the roll. same way. pendent on energy everywhere else. Mr. COONS. Mr. President, I ask In fact, by comparison, of the 91 There have been many reports that unanimous consent that the order for cents we would get back for every $1 we say the administration’s timing is in the quorum call be rescinded. send to Canada for North American en- consideration for the reelection effort. The PRESIDING OFFICER. Without ergy coming out of Canada, we get 49 This appears to be about one American objection, it is so ordered. cents back from Saudi Arabia. That job instead of more American jobs, and f doesn’t mean Saudi Arabia is a bad we need to be concerned about more trading partner. It just means they are American jobs. PAYROLL TAX CUT not as good a trading partner as the Some reports have noted that the Mr. COONS. Mr. President, I rise to Canadians are. We get 33 cents back President’s advisers ‘‘fear that a deci- share a feeling that many in my home

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.045 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8578 CONGRESSIONAL RECORD — SENATE December 14, 2011 State have expressed to me. I rise to been in this Senate just over 1 year. As and I don’t have the joy of sitting here share my frustration. you know, I was sworn in last Novem- on the floor all the time, but my recol- It is not just the frustration you may ber. In my freshman year, I have seen lection from what I read and heard is feel, as I have felt presiding over this many moments when we have been un- that the Republican leader has twice body, when for hours at a time it is able to reach reasonable compromise, called on us to move to this bill. I be- empty, when there is such precious and when we have been unable to move for- lieve he did so twice earlier this week, important work that we can and should ward, and when we have flirted with saying we should put partisanship be doing to get the people of this great having to shut down the whole Federal aside and promptly take up whatever is country back to work, to strengthen Government because we couldn’t reach sent over to us from the House by way our national security, to lay the an appropriate compromise with our of a payroll tax cut extension. I think groundwork for a strong recovery, to colleagues on the other side of the I quote when I say his comment was: deal with the hundreds of issues this aisle. Now we, once again, stand here I think the first thing we need to find out body should be dealing with. I am ex- this Wednesday, knowing that unless is whether there are the votes in the Senate pressing my frustration at our inabil- we can act in partnership, we will shut to pass what the House has passed. And so I’d ity to work together and to make real down this government on Friday with- rather not speculate about what happens progress. out a continuing resolution. later. I’m hoping we are spending our time Today, I have had the blessing of Last night, the House acted. They and energy trying to get this bill passed in the Senate, as well as in the House. being visited by a number of Dela- passed this payroll tax cut extension That is a perfectly reasonable atti- wareans for lunch, for business visits, and sent it over to us, and I am puzzled tude. We should proceed to this bill. We for just some constituent catchup. As I as to why we are not moving to it on are here. We have the bill. We have do almost every day, I commuted down the floor today. I will tell you that been waiting almost literally the en- from Delaware this morning. As I have when we get to move to it, I will vote tire day without making any progress. heard from folks on the train, as I have against it, and I know many others We need to extend tax cuts for pay- heard from folks in my office, as I have here will as well. Why? Because H.R. rolls. We need to extend tax cuts that heard from folks who have written and 3630, which passed the House last night, incentivize clean energy investments. called my offices in Delaware and in is not just a clean extension of the pay- We need to extend tax cuts that can Washington, they are puzzled and they roll tax cut bill—in fact, far from it. It help inspire innovation, research, and are frustrated. They don’t understand is loaded with a whole series of other development. why we can’t move forward. policy riders, things that have nothing There is a whole list of tax cuts that To paraphrase the good Senator from to do with the payroll tax cut exten- will expire at the end of this year with- Missouri who just spoke, there is a no- sion which House leadership had to do out action. We need to pass the Na- brainer right in front of us, and it is in order to garner enough votes to tional Defense Authorization Act. We the extension of the payroll tax cut. It move it. need to pass a continuing resolution to is something that at least apparently Today we should be considering this fund this government and the rest of has the support of both parties in both bill sent to us last night, the Speaker this year’s appropriations bills. There Houses. It is something a number of asking us to take it up, and it has a are so many important bills to which economists have said is an important whole series of provisions which I sus- contributor to the modest but steady we must turn. pect many here and at home don’t My sole question is, why, when we economic growth that is helping pull know about. I will briefly consider a tried to proceed to this bill this morn- America out of this terrible great re- few of them. ing, did the Republican leader object? cession. It undermines health care reform by I am just a freshman, but I represent So I ask: Why is it we sit here punishing low- and middle-income fam- a State that is deeply frustrated and stalled, unclear on when we can pro- ilies whose economic circumstances puzzled. Since when do Republicans ceed to a vote, to a consideration of a changed during the year. It cuts 40 load up a tax cut extension with so clean payroll tax cut? There have been weeks of unemployment benefits from many riders that they are afraid to a whole series of efforts to get us to the the 99 weeks we would like to extend to even bring it to a vote on the floor of floor for a vote to an extension of the 54 weeks. It overrides the President’s this Chamber? I am puzzled. I am frus- payroll tax cut. This is a simple decisionmaking process on the Key- trated. enough matter. stone XL Pipeline—in my view, simply With that, I yield the floor. Working Americans all over this to embarrass the President—and it The PRESIDING OFFICER (Mr. country—I believe 160 million of amends the Clean Air Act to block MERKLEY). The Senator from Wyoming. them—will be hit with an increase in EPA’s proposed rules on toxic air pol- f their payroll tax rate at the end of this lution from industrial boilers. month, just a few days now away, un- It would also freeze Federal pay THE KEYSTONE XL PIPELINE less we act. My good friend Senator through 2013 and impose a triple con- Mr. BARRASSO. Mr. President, I CASEY of Pennsylvania has suggested tribution, mandatory contribution to would like to speak today in support of several versions of a payroll tax cut Federal retirement programs, effec- the Keystone XL Pipeline. that would build upon and strengthen tively cutting Federal employee pay The Keystone XL Pipeline is one of the payroll tax cut that the President and taking more than $53 billion out of the largest shovel-ready infrastructure proposed and this body passed last the pockets of Federal workers. projects in the United States. It would year. The Casey compromise that has To me, in some ways most alarm- bring oil from North Dakota and from most recently been considered and de- ingly, it allows States to impose drug- Canada to refineries along the gulf bated in this body would put up to testing requirements on employees who coast and in the Midwest. The pipeline $1,500 in the pockets of hard-working have lost their jobs and are seeking un- would strengthen America’s energy se- Americans all over this country and employment. curity and create tens of thousands of would contribute as much as 1.5 per- In short, what came over to us from new jobs. These are good-paying jobs. cent to GDP growth in the coming the House last night is the furthest But don’t take my word for it, just con- year. But in the last 2 weeks, we have thing possible from a clean extension sider what representatives of organized seen our colleagues on the other side of of the payroll tax cut. It is a payroll labor have had to say. the aisle four times block our efforts tax cut with rider after rider sitting on The president of the Building and through filibusters and dilatory tactics the back of this horse that has weighed Construction Trades Department of the to attempt to get to a payroll tax cut it down so greatly, it can clearly hard- AFL–CIO said: extension. The first Republican version ly move. It is a terrible bill, and in my [A]ny discussion of the Keystone XL was opposed by 26 Senate Republicans; view we should move to it, dispose of project begins and ends with one word: the second version opposed by 25. it, and get back to the business of the JOBS. So on some level I have to ask, what country. He went on to say: are we doing? Since when do Repub- Last, I am puzzled as to why we are Throughout America’s Heartland, the Key- licans openly oppose tax cuts? I have not proceeding to it. My recollection— stone Pipeline represents the prospect for

VerDate Mar 15 2010 02:44 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.046 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8579 20,000 immediate jobs . . . without one single approval of the pipeline was not only trying to shut down oil sands produc- dollar of government assistance. political, it was also cynical—cynical tion are naive at best. The general president of the Inter- because these environmental activists It also means that the President, national Brotherhood of Teamsters believe they can shut down Canadian President Obama, is once again failing said: oil sands production. They believe they to lead, that he once again is failing to The Keystone Pipeline project will offer can shut down the production by stop- be forthright with the American peo- working men and women a real chance to ping construction of the Keystone XL ple, and that he is unwilling and failing earn a good wage and support their families Pipeline. It simply is not true, and the to make difficult decisions. The Presi- in this difficult economic climate. President knows it. But maybe the dent is showing that he thinks his job Consider the remarks of the general President does not want to be honest is really the only job that matters. president of the Laborers’ Inter- with these environmental activists. Of course we all know Canada will national Union of North America. He Maybe he just doesn’t want to dis- not sit idly by. Canada will add addi- said: appoint them. He doesn’t want his po- tional pipeline capacity whether or not This project . . . is not just a pipeline, but litical base to stay home on election Keystone XL Pipeline is built. . . . a lifeline for thousands of desperate day. Canada’s Prime Minister, Stephen working men and women. But don’t take it from me; consider Harper, has said that the decision to House Democrats also recognize the what Austan Goolsbee had to say. delay approval of Keystone XL Pipeline importance of this Keystone XL Pipe- Many Members of this Chamber know demonstrates ‘‘the necessity of making line. This summer, 47 House Democrats he is the former Chairman of the White sure that we’re able to access Asian voted in favor of the bill to require a House Council of Economic Advisers, markets for our energy products.’’ decision on the pipeline by November 1. this White House Council—President That is what the Canadian Prime Min- On October 19, 22 House Democrats Obama’s Council of Economic Advisers. ister had to say. He was just in Wash- wrote a letter to the President. This is This is what he said: ington last week. Alberta’s Premier, Alison Redford, said that the decision what they told President Obama: It is a bit naive to think that the tar sands to delay approval of the pipeline ‘‘is a America . . . cannot afford to say no to would not be developed if they don’t build this privately funded . . . jobs-creating infra- that pipeline. clear reminder about the strategic im- structure project. Eventually, it’s going to be built. It may portance of diversifying our export They went on to say: go to the Pacific, it may go through Ne- markets.’’ ‘‘A clear reminder about the braska, but it is going to be built some- strategic importance of diversifying It is in our national interest to have a where. Presidential Permit issued for the Keystone our export markets.’’ In other words, XL Pipeline as soon as possible. Again, Mr. Goolsbee was President Canada has a tremendous amount of oil, and Canada will ensure that its oil Senate Democrats also support the Obama’s top economic adviser. Why are the Canadian oil sands going is brought to market. It may go to the Keystone XL Pipeline. Senator BAUCUS to be developed? Because the oil sands United States, it may go to China, it of Montana said: are a huge national asset for Canada, may go to another country, but Can- We need to put Montanans back to work and Canada will not allow that asset to ada’s oil will be brought to market. and cannot afford further delays to the Key- Thus, the question for President stone XL Pipeline. be stranded. Let’s consider the findings of the Ca- Obama is very simple, very straight- Senator TESTER, also from Montana, nadian Research Institute. This is an forward: Is it in America’s interests to said: independent, not-for-profit research en- reduce our dependence on oil from the The Keystone Pipeline will create Montana tity that was established in 1975. Its Persian Gulf and from Venezuela? Is it jobs and it should not have to wait 14 months in America’s interest to create tens of for an up-or-down decision. mission is to provide relevant, inde- pendent, and objective economic re- thousands of new jobs at a time of 8.6 Senator MANCHIN of West Virginia search on energy and environmental percent unemployment? The answer is said: issues. abundantly obvious. The answer, of I’m for the Keystone Pipeline . . . all the This June, they released a report. It course, is, yes, it is in America’s best trade unions, everyone’s for it. It creates was entitled ‘‘Economic Impacts of interests to reduce our dependence on thousands of jobs. Staged Development of Oil Sands oil from the Persian Gulf and Ven- Senator BEGICH and Senator LAN- Projects in Alberta from 2010 to 2035’’— ezuela. It is in America’s interest to DRIEU have also written in support of a 25-year future look. This report create tens of thousands of new jobs at the pipeline. looked at a variety of scenarios, in- a time of 8.6 percent unemployment. Until recently, President Obama sug- cluding one in which no new pipeline It is time that the President starts to gested that he too believed the pipeline capacity is built. Under that scenario, say yes and stops saying no to jobs and to be in the interests of the United the institute estimated that the total to energy—yes to energy security, yes States. On April 6, the President held a impact on Canada’s GDP would be to tens of thousands of new good-pay- townhall event in Pennsylvania. There, about $2.3 trillion over those 25 years. ing jobs. he received a question about Canadian It also estimated that the compensa- Mr. President, I yield the floor and oil sands production. In response, the tion for Canadian employees will reach suggest the absence of a quorum. President of the United States dis- almost $650 billion over this same pe- The PRESIDING OFFICER. The cussed the Keystone XL Pipeline. This riod. It estimated that the direct, indi- clerk will call the roll. is what he said: rect, and induced employment in Can- The assistant legislative clerk pro- . . . importing oil from countries that are ada will grow from 390,000 jobs to a ceeded to call the roll. Mr. LAUTENBERG. Mr. President, I stable and friendly is a good thing. . . . peak of 490,000 jobs in 2020, just 9 years ask unanimous consent that the order Let me repeat. The President of the from now. It also estimated that the United States said: for the quorum call be rescinded. royalties to Alberta will go from ap- The PRESIDING OFFICER. Without . . . importing oil from countries that are proximately $3.6 billion in 2010 to a objection, it is so ordered. stable and friendly is a good thing. . . . peak of $22.6 billion in 2020—in 10 years, Mr. LAUTENBERG. Mr. President, I However, on November 10, the Presi- from $3.6 billion to $22.6 billion in roy- seek recognition in morning business. dent reversed course, and he showed a alties to Alberta. The PRESIDING OFFICER. The Sen- different side. After protests from envi- Again, the Canadian Energy Re- ator is recognized. ronmentalists, the President decided to search Institute made all of these esti- f punt his decision on the pipeline until mates assuming that no additional after the 2012 Presidential election. pipeline capacity will be built. What do PAYROLL TAX CUT Many in the press say the President these estimates mean? They mean Can- Mr. LAUTENBERG. Mr. President, delayed his decision so that environ- ada will continue to develop its oil re- we are at a time in the calendar that mental activists would turn out on sources whether or not Keystone XL usually is a time of excellent anticipa- election day to support him. If true, Pipeline or any other pipeline is built. tion. Christmas is coming. The holi- the President’s decision to delay the It means the environmental activists days are coming. People are trying to

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.049 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8580 CONGRESSIONAL RECORD — SENATE December 14, 2011 get their families in order, do the shop- ployed people. This is not the time to CEOs at the largest companies are ping, and all the things we have to do. cut unemployment benefits. now paid an average salary of $11 mil- It would seem this is a moment of fair- Republicans also want to weaken lion a year. Note that. The largest ly happy days and the holiday season is safeguards that keep our air clean— companies’ CEOs are now paid an aver- here. But these are not happy times for filling our atmosphere with poisons age salary of $11 million a year. That is many Americans. and endangering the health of our chil- 343 times as much as the average work- Across our country, families are dren. They want to weaken those safe- er’s salary of $33,000 a year. This com- fighting to keep their heads above guards. parison is so hard to reconcile. The water. Some parents do not know how To add insult to injury, the Repub- CEOs of the largest companies have an they are going to put food on the table licans are also trying to ram through a average salary of $11 million a year, tonight, much less presents under the massive pipeline that will carry toxic and the average worker’s salary is Christmas tree or during the Hanuk- materials into our country—toxic ma- $33,000 a year. Where is the equity in kah holidays. That is why our side of terials. We are so conscious of what this? When we send the people out to the aisle is fighting to continue and ex- damage the toxic environment can do fight, put on the country’s uniforms, do pand a tax cut that has benefited mil- to our families, to our children. But the jobs, build the foundations, make lions of working families this year. they want to have a pipeline that will sure the country is strong—$33,000 a This is a tax cut for people who need carry toxic materials into our country. year. That is tough. it—families who depend on a paycheck. They want to make it easier for coal- Just a few decades ago, the pay gap With the payroll tax cut, the typical fired industrial facilities to foul the between CEOs and workers was much family in my State, the State of New air, spew toxins into our neighbor- more modest. The CEOs—again, the Jersey, would receive an extra $40 a hoods. CEO, people at the top of these compa- week, starting next year. That is what It is hard to believe. Instead of gifts, nies—were paid an average of 42 times a typical household in the Northeast the Republican Scrooges want lumps of as much as the average worker, as we pays for gasoline or health care each coal in the stockings and coal pollution see on this chart. The chart dem- week. in our lungs. onstrates that in the 1980s, the CEOs Mr. President, $40 a week adds up to In many families, it is a tradition to made 42 times the average worker’s $2,100 a year. For parents who are teach children to welcome Santa Claus pay. So the difference was not that ob- struggling—as many are—to make ends during the holidays. This year, we are vious or that big. In 2010, CEOs made meet, an extra $2,100 goes a long way to going to tell our kids to hide away 343 times the average worker’s pay. help buy groceries or pay the electric from the Republican Scrooges. We are There is no equity there. bill or purchase medicines. It can help not going to alarm our children and I come from the corporate world, and pay for childcare, preschool or college tell them things that are difficult may I know what big salaries are. I have tuition—the necessities that help en- be even more difficult if some tax relief seen it in my own company. But the sure children succeed in life. that is proposed for working-class fam- one thing you have to do is at least en- To make sure all working families ilies is not available to them. courage the people who are working for continue receiving this much needed The Republican priorities are dif- you to understand that they have a relief next year, we are asking Amer- ferent. They want to raise taxes on chance in life to provide the things we ica’s millionaires—people who earn middle-class families—families who all talk about for our children—a col- over $1 million a year—to pay their fair work for a living—to protect luxuries lege education, the prospect of a decent share of what the country needs to get for millionaires: nice boats, airplanes. I job, the prospect of being able to take ourselves back into reasonable balance. do not mind—they have made the care of our own family. But the Republicans will not even money; it is what they buy with it—but The numbers make it clear: Our goal allow us to vote on a bill that their col- at least carry their fair share of our fi- should not be protecting millionaires. leagues in the House approved last nancial needs in this country. They do not need our help. We should night. The Republican priorities say they be focused on protecting Medicare, food I wish to just spend a minute here. are for lower taxes, but that only goes safety, home heating for the poor, and The House passed a bill last night. It for the jet set. When it comes to cut- Head Start for little kids who have a included tax relief for some and we ting taxes for working families, the Re- first chance to learn—to learn—to un- should take it here and consider it. But publican mantra is: Hey, we have to derstand education, to see how impor- the Republicans will not even let us take care of the wealthy. We have to tant it is to learn, to start reading bring up the bill that passed in the watch out for the wealthy, make sure books at an early age, to start having House last night, and there is a ques- they are OK. Don’t ask them to carry conversations with their parents about tion as to why. Why will they not let more of the load. It is not a good time what is going on in this world. us do it? There is, obviously, a hidden to deal with them. After all, maybe They want to take those children out meaning. they will be big contributors to our po- of the Head Start facility—so many of But what we see is, the Republicans litical campaigns. them, 200,000; it has been proposed in are acting like Scrooges. This picture I Let’s not kid ourselves. American some of the House budgets—take them have in the Chamber shows a mean- millionaires do not need help. They do out of the Head Start school. looking guy, as we see. That is what not need the Republicans’ help. Since But our Republican colleagues do not they want to do for Christmas. the 1980s, our country’s wealthiest 1 want to hear about that. They continue For GOP Scrooges, this is not the percent of the working people have asking the poor, the middle class, the season of giving; it is time to take seen their average household income elderly, and our children to bear the things away. He said: No payroll tax increase by 55 percent. Let me restate entire burden of these tough times. cut for you this year. that. Since the 1980s, our country’s The Republicans now remind me of They want to take away the tax cut wealthiest 1 percent have seen their av- what accountants are like. They are for ordinary working families. The Re- erage household income increase by 55 people who are obsessed, obligated to publican Scrooges want to take away percent—enormous—but for the bottom deal with the bottom line. There is no unemployment insurance benefits for 1 90 percent average household income soul, no humanity, no compassion—not million people—imagine, people who has not increased at all. As a matter of around here—unless it is for the are dependent on unemployment insur- fact, it has gone down because the cost wealthy. They have compassion for ance at times when they are out of of living has gone up much faster than themselves. work, to help sustain their families, even any raises that come through. Let’s be clear: It does not hurt those put food on the table, to try and just Even though incomes are growing for of us who have been successful to pay keep their heads above water. But that the very wealthy, their tax rates are our fair share. I remind those within does not matter to our friends on the actually going down. Their taxes are my voice, who hear me, we have two Republican side. going down. We can also look at the wars going on. We have people paying a Today in America there is only one chief executive officers to see how well terrible price to serve our country’s job available for every four unem- the wealthy are faring. needs—a terrible price. This is a time

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.051 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8581 for those who are fortunate enough to they want their elected officials to be family and gas in her car so she could make above $1 million to say: Hey, I focused on. It is exactly what I think go to job interviews. She told me, ‘‘If I want to help carry this burden. I do not we ought to be working on every single lose my unemployment benefits, I do want to ask people who are scratching day. That is why I have come to the not know what I will be able to do to for a living—just trying to make ends Senate floor again and again to urge provide for my son.’’ meet—I do not want to ask them to do my Republican colleagues to stop She is not alone. I heard from older more without saying I want to do my blocking our attempts to extend and Americans such as Judy. She is a share. expand the middle-class tax cut so grandmother of five from Bothell, WA. I was lucky. I ran a very big com- many of our families are counting on. Judy told me she had been working for pany. I want to do my share. That is That is why I come to the floor once 47 years before being laid off from her why I am here. That is what I am talk- again today to discuss the urgent need teaching job in 2009. She said over the ing about. To those who make more to maintain Federal unemployment last 12 years she has worked to teach than $1 million a year, I say: Look in benefits for middle-class families adults the skills they need to move the mirror. Ask yourself if you could across our country. This should be an into jobs as bookkeepers and reception- succeed without help from anyone else easy issue. ists and schedulers. But in this econ- or did your country help you achieve Unemployment benefits provide a omy, although she was an expert in her your prosperity. Was it people who lifeline for millions of families, and it area, even she cannot find a job in built the buildings and built the infra- would be simply wrong to cut off this those fields. structure and manned the jobs all support while the economy continues She wrote to me, saying: across the country—service jobs? They to struggle and so many of our workers I want to work, but nobody will hire older built the foundation upon which those are having so much trouble finding citizens no matter how much experience they have. I started looking for a job at the who make $1 million a year build their work. Right now, there are more than pay level I was at when I was laid off. But futures, build their fortunes. That is four unemployed workers for every sin- after being unemployed now for 2 years, I am what happens. But there is not the re- gle job opening. If every opening were even looking at jobs for less than half of spect for the hard-working families filled tomorrow, we would still have that. Still I am told my experience does not that we like to see. more than 10 million workers across match their requirements. I ask our Republican colleagues, the country without a job to even For Judy, unemployment benefits are think about the true meaning of the apply for. not the solution. She wants a job. But holidays. Additionally, nearly half of all unem- they provide her with some critical It is not Halloween, it is not trick or ployed workers have been out of a job support while she looks for that last treat, because otherwise that is what for 6 months or longer, which is higher job before she can retire. the game looks like. This time of the than we have seen for more than 60 I also heard from Sheila from Belle- year is about coming together, caring years. vue, WA. Like Judy, she is close to re- about your fellow man. This should be So millions of Americans are unem- tirement, but she was laid off last year a season of giving, not taking away the ployed today, not because they do not from an engineering technician job necessities from our country’s most want to work and not because they do that she told me she loved and now she vulnerable. not have valuable skills but simply be- is desperate to get back to work. After We all remember at the end of a cause they find themselves in an econ- sending out over 500 resumes since ‘‘Christmas Carol’’ when Ebenezer omy that is not creating jobs as quick- then, she has had 4 interviews. In her e- Scrooge opened his heart and became a ly as we need it to. Those unemployed mail to me, Sheila wrote: hero. We need the same kind of miracle workers are desperate to get back on I was devastated when I was laid off. I now here in Congress. We need the Repub- the job. Unemployment benefits make look for work 7 days a week. I have worked lican scrooges to have a change of all the difference for them and their hard my entire life. I do not want everything I have worked for to disappear. heart and work with us to help our fel- families while they scour the want ads low Americans this holiday season. We and pound the pavement and send out She told me that is what would hap- need them to help us continue and ex- resume after resume after resume. pen if her unemployment benefits run pand the tax cuts for working families. I recently sent a letter to my con- out now. Finally, I received a video message We need them to help us continue un- stituents asking for their stories about from Scott in Olalla, WA. Scott told employment insurance benefits for the what these benefits actually mean to me that after working at the same jobless and clean air safeguards for our them and their families. The response company for 20 years, he was laid off in children. We need them to help us pro- to that was unbelievable. Within a few March and filed his first unemploy- tect the programs that benefit the peo- days, I received hundreds of e-mails. ment claim in the 30-plus years he has ple who need them most, whom we People sent me videos. They sent me been in the workforce. He said he al- need to keep our foundation strong. pictures of their families. I received ways thought unemployment insurance To our Republican colleagues, we story after story from workers and was for the other people, never thought say, come on, let’s work together. Let’s families from across my home State of he would be the one collecting it. Now do this. Let’s put the acrimony aside. Washington who are fighting to make he calls it a godsend for him and his Let’s put the selfishness aside and say, ends meet in this very tough economy family. In his video, Scott told me those who work every day for a living and who cannot afford to have the rug about the uncertainty his family would and try to keep things together—and pulled out from underneath them. face if his benefits expired before he we have millions of people who are One of those stories came from a could get back on the job. If this hap- looking for jobs who cannot find them woman named Vicki, who lives in pens, Scott said: right now—let’s work together to make Maple Valley, WA. She was an unem- sure our children and grandchildren in- ployed single mom, lost her apartment, I cannot imagine what it would do to my and told me she now has to share a family to lose our home. We spend our herit an America that is even stronger money wisely. We live well within our than the one we inherited. Show the room with her son in a relative’s home. means. But if we lost our home, we would be heart of America. That will be the best Vicki told me she has made every ef- just another statistic. The last thing I want gift we can ever give them. fort—going to interviews, sending out to do is to explain to my wife and my daugh- I yield the floor. her resumes to hundreds of employers, ter that we have to leave our home. The PRESIDING OFFICER. The Sen- still not able to find a job. That is exactly what he said would ator from Washington. She understands that in this econ- happen if he loses his unemployment f omy finding a job will not be easy, but benefits in this tough economy. she is going to keep trying, and the Those are just a few of the many sto- UNEMPLOYMENT INSURANCE support she receives from unemploy- ries I have received. There are so many Mrs. MURRAY. Mr. President, there ment benefits has kept her and her of them out there. Millions of the peo- are no more important issues for mid- family afloat and made all of the dif- ple across America, including about dle-class families across America than ference. She said those benefits allowed 100,000 in my home State of Wash- jobs and the economy. This is what her to put food on the table for her ington, will stand to lose their benefits

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.052 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8582 CONGRESSIONAL RECORD — SENATE December 14, 2011 that they count on if Congress does not The bill clerk proceeded to call the kota as it makes its way down to the act by the end of this year, in a few roll. refineries, and we would benefit from short weeks. These workers are not Mr. THUNE. Madam President, I ask hundreds of jobs that would be created looking for a handout. They do not unanimous consent that the order for and $1⁄2 billion in economic activity want to be a burden, but they need sup- the quorum call be rescinded. will be created alone in South Dakota. port while they get back on their feet The PRESIDING OFFICER (Mrs. That is during the construction phase, and back on the job. HAGAN). Without objection, it is so or- not to mention all the State and local In this struggling economy, main- dered. tax revenue that would benefit many of taining these unemployment benefits f the local governments across my State is critical. The nonpartisan Congres- and other States through which the THE KEYSTONE XL PIPELINE sional Budget Office has said maintain- pipeline would traverse. ing unemployment benefits is one of Mr. THUNE. Madam President, I It is increasingly a mystery—I don’t the most effective policy tools we have think there are a few things that many know how else to describe it—a curi- now to boost the economy and get people across the country, and, hope- osity or something—to those of us who money into the pocket of our con- fully, in the Congress, agree upon. One see the great benefit in getting our oil sumers. If they are cut off, it would not is that we need to focus like a laser on resources from a friendly country like just be devastating for the families creating jobs. That is something I Canada as to why this administration who count on this support, it is going think there is universal agreement on would be so opposed even to issuing a to hurt our small businesses and com- here. decision on permitting this pipeline munities to have billions of dollars I also think there is universal agree- project that would enable that oil to pulled away from consumers who spend ment that we ought to become more come from Canada through to refin- it every month on food and rent and energy independent as a nation. We eries in this country. clothing. We cannot afford to have this need to look for ways in which our The other issue on which there is lifeline cut off. Our great country has country can lessen that dangerous de- universal agreement is that we ought always been a place that stands with pendence we have on foreign sources of to put policies in place that create our middle-class families when times energy. We import a good amount of jobs. There is no greater shovel-ready are tough and gives them the support our oil from other places around the project than the Keystone XL Pipeline. they need to get back on their feet and world—some of them not so friendly re- It would have an immediate impact of back on the job and contributing to gimes. That is why it is such a mystery 20,000 jobs that will be created imme- their communities once again. as to why the Keystone XL Pipeline diately—a $7 billion initial investment I urge all of our colleagues to stand project is running into such resistance and billions more over the years as this with us as the holidays approach, to from the administration. project continues to be utilized. Fur- maintain these unemployment insur- It is ironic in many respects because thermore, I argue that it will create ance benefits that so many of our fami- we had the President of the United other opportunities for energy project lies are counting on, and to keep work- States, several months ago, saying: development. Certainly, the Bakken oil ing to cut taxes for the middle class We are going to have to import some oil; find in North Dakota would stand to and get our economy moving again and and when it comes to the oil we import from benefit from having a pipeline this ac- put our country back to work. other nations, obviously, we’ve got to look cessible to it. It creates all kinds of On that last point, before I finish, I at neighbors like Canada and Mexico that spinoffs and other types of economic want to join our majority leader and so are stable, steady, and reliable sources. activity that would be good for jobs. many others who today called on Re- That is what the President said ear- We will have something that lessens publicans to stop blocking their own lier this year, that if we are going to our dependence upon foreign sources of bill and allow it to be brought up for an get energy, if we are going to import energy by about 700,000 barrels of oil a up-or-down vote. We know the Repub- oil, we ought to import it from coun- day, creates hundreds of thousands of lican bill that passed the House yester- tries that are friendly to the United jobs, and enhances the ability of State day is going to fail. It is bad policy, States. I argue there is no country and local governments to collect reve- and many in their own caucus appar- more friendly to the United States nues, which they desperately need for ently do not support it. Their bill takes than Canada, with whom we have a their own purposes and needs. Yet here some of the policies we are fighting for very robust trading relationship. We do we are looking at this project—or at to support the middle class, including about $640 billion of bilateral trade an- least a decision on it—being blocked by unemployment benefits, waters them nually with our Canadian neighbors. So this administration for no apparent down, and then adds a whole bunch of thinking that we might be able to get reason other than politics, I argue. tea party red meat to attract the Re- oil from Canada, as opposed to from We are heading into a political year, publican support it needed to pass the Venezuela or somewhere in the Middle and the President is running for reelec- House. East, seems like a good option for this tion next year. I think it is clear that I am focused on delivering the tax country—a good option that policy- the delay on a decision on this project cuts that middle-class families need makers here ought to be very sup- for 18 months was clearly designed to and deserve, so I will vote against the portive of. get past the Presidential election so Republican bill if it is allowed to come That, again, makes it an even greater the President would not have to make up. But I cannot believe that our Re- mystery as to why the administration a decision that splits his political base. publican colleagues are now preventing has insisted on blocking or even mak- We have the labor groups that are for us from taking a vote on their own bill ing a decision about whether we can it and the environmental groups that and then not allowing us to come to- develop a project called the Keystone are opposed to it. I guess it must be a gether, which we need to do in these XL Pipeline, which would take advan- political decision for this administra- last few days before the holidays, to tage of those oil resources available in tion to delay this project. It doesn’t get a bipartisan deal and get it to the Canada and bring them into the United make sense for America and American American people. They expect us to do States, transport them through a pipe- workers. this job. That is what is holding us up. line that is 1,700 miles long to refin- The President says he gets up every I urge our colleagues to sit down, eries where that product can be re- day and he thinks about what he can work out an agreement, so that we can fined, and people here could benefit do to create jobs. Well, here are 20,000 all celebrate the holidays with our from it or it could be sold perhaps immediate jobs that we can benefit families, and the families out there somewhere else. Nevertheless, it would from right away—not to mention the who are counting on us will know we benefit the economy. many jobs that would come if this have done the job for them. Both in the initial stages when the project was built. I yield the floor and I suggest the ab- project is under construction, as well As we look at the legislation sent to sence of a quorum. as later on, it will create lots of jobs. us from the House of Representatives, The PRESIDING OFFICER. The In my State of South Dakota—the it includes this Keystone XL Pipeline clerk will call the roll. pipeline would come through South Da- language that would allow a decision

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.054 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8583 to be made 60 days from its enactment. ments; namely, that the pipeline will go somewhere. It is absolutely in our So we could accelerate at least the pe- have no significant impact on the envi- national interest for that oil to come riod in which this decision could be ronment. to our country. If the language is, as made. So we have a project that has been the Senator represents, that it permits Why is that important? Because this OK’ed by the environmental agencies the rerouting of the line within Ne- project is going to go on one way or the in this country, the people who look at braska to avoid the issue with the other. If it is not built in this country, the environmental impacts, who have Ogallala aquifer, then I, for one, on it will be shipped somewhere else said this project is ready to go. We this side, would hope this could be part around the world—perhaps China or an- have labor organizations that are wait- of the final package. other country—and the American ing and are saying this is important to I hope this is something we can work workers and the American economy getting people back to work. We have through in the coming hours. This will suffer, and the American need that Democrats in Congress who have said should not be the thing that prevents we have for energy will not be met. We this is a project that we should be for. us from reaching across the aisle, are not going to benefit or be advan- In fact, there was a vote on this lan- reaching across the divide between the taged by not having this project here guage in a freestanding bill in the two Chambers and achieving a result or if it goes someplace else. That House recently. There were 47 Demo- that is critically important for the makes absolutely no sense for our crats who came out in support of the country. economy, no sense for jobs and for Keystone XL Pipeline legislation. So I thank the Senator for allowing me many States that are in support of this we have 47 Democrats on record. to ask this question. Mr. THUNE. I appreciate the ques- project. Mr. CONRAD. Madam President, I I hope as this debate gets underway have some sympathy for the position I tion and comments of the Senator from North Dakota. I couldn’t agree more on the proposal sent from the House of hear the Senator enunciating—that the with the sentiments he expressed. Representatives, the sticking point, issue of the pipeline ought not to be I do believe we have in front of us the thing that prevents us from moving the thing that hangs it up is not the something for which there is a lot of forward. I personally think the pipeline Keystone XL Pipeline. People will bipartisan support—an extension of un- probably have honest disagreements is absolutely in the national interest. employment insurance benefits, with about various provisions in the legisla- It will help us reduce our dependence some reforms, a payroll tax cut exten- tion being sent to us from the House, on foreign energy—at least foreign sion, a fix for the physician reimburse- but one thing that should not delay or sources that are hostile to our inter- ments under Medicare, and a number of in any way detour this from being con- ests. other things that have been put into The big question is—at least for this sidered in the Senate is resistance or this with an eye toward not only ad- Senator—would the language permit a objections to a final decision being dressing what are some very serious made on the Keystone XL Pipeline. rerouting of the line within the State concerns—many of these things expire I want to read a few things for you of Nebraska so that the question of the at the end of the year—but also some- that have been said by some of the Ogallala aquifer would not be ad- thing that would really create jobs, folks across this country who think dressed? Is it the Senator’s under- that has a jobs component to it that this is a good idea. Many represent standing that the language that has would do something positive for our working people—the labor unions. The come to us from the House would per- economy. Teamsters said: mit Nebraska to reroute the line to I hope that we can find a way to The Keystone Pipeline project will offer avoid the aquifer? come together and that this does not working men and women a real chance to Mr. THUNE. Madam President, become a deterrent to the legislation earn a good wage and support their families through the Chair, I would say to my that is going to be before us in the not in this difficult economic climate. colleague from North Dakota that my too distant future—the proposal that The AFL–CIO said: understanding is the legislation does came to us from the House of Rep- For America’s skilled craft construction permit that to happen, and that is why resentatives. I certainly hope that professionals, any discussion of the Keystone I believe the State of Nebraska, includ- doesn’t unravel as a result of the Key- XL project begins and ends with one word: ing the Governor and our colleagues stone XL Pipeline language being in- Jobs. here in the Senate from Nebraska, have cluded because I recognize—as the Sen- Look at what has been said by the now come out in support of this. ator from North Dakota has expressed, Brotherhood of Electrical Workers: Whereas previously there had been and many of his colleagues on his side, At a time when jobs are the top global pri- some concern about the Ogallala aqui- along with many of my colleagues on ority, the Keystone project will put thou- fer, my understanding is the legislation our side—the value of what this could sands back to work and have ripple benefits allows for that issue to be addressed. do for jobs, what this could do for our throughout the North American economy. And I have a statement here from the Our members look forward to being part of economy, and what this could do for this historic project and pledge to deliver the Governor of Nebraska expressing his America’s energy needs. This will en- highest quality work to make it a success. support for this legislation. So it does able us to do business with a friendly That is what some of the labor lead- strike me that at least that should not partner to the north—Canada—as op- ers are saying. I want to read what be an issue that in any way deters con- posed to continuing to import oil from some key Democrats in Congress have sideration of this pipeline and that we other countries around the world with said about this. These are a few ex- shouldn’t have to wait 18 months. which we do not have that kind of a I am saying to my colleague from cerpts from Democratic Members of friendly and stable relationship. North Dakota—and I think he recog- Congress: I would hope the President would nizes the value of this, as he is from make a decision not to get in the way America truly cannot afford to say ‘‘no’’ to North Dakota, and obviously his is a this privately funded, $20 billion jobs-cre- or assert pressure on Members on his ating infrastructure project, which could State that could be favorably impacted side to vote against this simply be- bolster our economic, energy, and national by the economic activity resulting cause it includes this particular provi- security. To that end, we respectfully urge from this pipeline—that if we don’t do sion. It is good for America, it is good you to ensure that the Presidential permit is this, somebody else is going to benefit for the States that are impacted, and issued for Keystone XL. from it. This is not going to wait many of the local governments would Here is another quote: around. There are vast oil sands re- benefit. It is certainly good for jobs Mr. President, America needs the Keystone serves up in Canada, and they are look- and the economy, as has been voiced by XL pipeline. It is in our national interest to ing for a place where they can get this the various labor unions across this have a permit issued for Keystone XL as to a refinery and get it refined. If the country that represent working Ameri- soon as possible. United States doesn’t move forward, cans. With 700,000 barrels of oil coming The Department of State’s final envi- some other country is going to benefit. to America from Canada, we would be ronmental impact statement re- Mr. CONRAD. If I could just say to creating economic activity and jobs affirmed the findings of the two pre- my colleague, Canada is going to de- versus 700,000 barrels of oil going some- vious environmental impact state- velop this resource. This oil is going to place else around the world and some

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.055 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8584 CONGRESSIONAL RECORD — SENATE December 14, 2011 other country benefitting and our be- of the year, ever since then we have Real per capita GDP growth rates are sig- coming even more dependent on for- seen private sector payrolls increasing nificantly lower during the decade following eign sources of energy. to the tune of millions of jobs. So there severe financial crises. In the 10-year window So, Madam President, again, I don’t is progress being made. following severe financial crises, unemploy- When we look at the reason there has ment rates are significantly higher than in know what to say. This is a no-brainer, the decade that preceded the crisis. The dec- and so I hope the Senate will find its been progress, I believe two of the most ade of relative prosperity prior to the fall way before we adjourn for the Christ- distinguished economists in the coun- was importantly fueled by an expansion in mas holiday to enact this legislation try gave us a background to under- credit and rising leverage that spans about that has been put forward that would stand why we are seeing this progress 10 years; it is followed by a lengthy period of enable this project to be decided. It after one of the greatest financial retrenchment that most often only begins doesn’t prescribe one way or the other debacles in our country’s history. Alan after the crisis and lasts almost as long as the credit surge. what the President does; it just says Blinder, the former Deputy Chairman the President either has to approve it of the Federal Reserve, and Mark What they are reporting to us, after or give a reason why it is not in the na- Zandi, who was an economic adviser to looking at a long period of economic tional interest. the McCain campaign, did an analysis history and dozens of countries, is that I see the other Senator from North of the Federal Government’s response after a financial crisis, recovery takes much longer than is typical from a Dakota, Mr. HOEVEN, is here as well. He to the financial crisis and the reces- has been a leader and involved in get- sion. Here is what they found, and they standard recession. We now have a bill that was sent over ting this legislation introduced. I are speaking of TARP and the stim- from the House that I believe has seri- thank both my colleagues for recog- ulus: ous defects. I believe that bill is a non- nizing its importance, and I hope we We find that its effects on real GDP, jobs, and inflation are huge, and probably averted starter. can move legislation that will get this First of all, the House leaders in- project decided one way or the other. what could have been called Great Depres- sion 2.0. When all is said and done, the finan- cluded extraneous provisions making it In my view, an affirmative decision cial and fiscal policies will have cost tax- a partisan bill. President Obama has would be preferable and would allow us payers a substantial sum, but not nearly as said he will veto it. Even the Senate to move forward. much as most had feared, and not nearly as GOP won’t vote on it. So we have the Madam President, with that, I yield much as if policymakers had not acted at all. curious circumstance where we have a the floor. If the comprehensive policy responses saved the economy from another depression, as we bill sent to us by the House of Rep- The PRESIDING OFFICER. The Sen- resentatives, controlled by the Repub- ator from North Dakota. estimate, they were well worth their cost. Madam President, we have a debate lican Party, and the Republican Party f going on in this country about eco- in the Senate won’t permit a vote on ECONOMIC POLICY nomic policy, and our friends on the the Republican bill. One might ask, why would that be? Perhaps the reason Mr. CONRAD. Madam President, I other side believe that they have the is they know there aren’t many votes wanted to come to the floor to discuss answer, that they have the prescrip- for it in this Chamber, just as there the question of extending the payroll tion. I would just remind those who weren’t many votes for it when it was tax cut, dealing with unemployment might be listening that it was their previously offered on this side. insurance, dealing with compensation policy and their prescription that led this country to the brink of economic So more than just extending the pay- for doctors who treat Medicare pa- roll tax cut is at stake. We also need to tients, and also addressing the question collapse. They controlled the economic policy of this country for 8 years, and extend unemployment insurance, and of the alternative minimum tax and, of we need to fix the cut that is about to course, the other tax extenders as well. they put in place a series of policies that they said would dramatically ex- happen to doctors who treat Medicare This is a key moment for the coun- patients. That is the so-called doc fix. try. As I expressed earlier—as Senator pand job opportunities in this country and strengthen the economy. But we We need a compromise, not just par- THUNE was addressing the body—I per- tisanship, from both sides. Both sides sonally do not believe the Keystone know what happened. At the end of 2008, I was in the meet- need to find a way to come together. Pipeline should hold us back. This is ing here in the Capitol with the Bush I have tried to indicate on this side a something upon which I think we could administration’s Secretary of the willingness to cross the partisan divide get broad agreement, especially if the Treasury and Chairman of the Federal with respect to the Keystone Pipeline. language is as the Senator has rep- Reserve. They told us they were taking Some on the other side have said that resented and as Senator HOEVEN has as- over AIG, the big insurance company, is important for their support for this sured me—that it permits the State of the next morning, and they told us legislation. I have said—at least speak- Nebraska to reroute that line so that that if they did not, they believed ing for me—that I am prepared to sup- the Ogallala aquifer is not in danger. In there would be a financial collapse port the Keystone Pipeline because I do my judgment, it is entirely in the na- within days. Going back to the same believe it is in the national interest. tional interest to get the Keystone tired, failed economic policies that put As we look at the effect of allowing Pipeline advanced. So that should not us in that position is a mistake—a pro- the expiring payroll tax cut to die, this be the issue that hangs us up. found mistake. Hopefully we would is what Goldman Sachs said to us: As we look at things that are holding learn from history. Should [the payroll tax cut and extended back the economy, unemployment re- I believe what is needed now is for unemployment benefits] expire at the end of mains far too high, the housing crisis America to take steps to strengthen the year, fiscal drag will be intense in 2012. continues, and we have weak consumer the economy in the short term but to In other words, because there will be confidence and demand. That really is combine that with fiscal discipline a reduction in demand in the economy, at the heart of our ongoing economic over the mid and longer term so that we will see lower economic growth, we weakness. Personal debt is still near we can get back on track and face up will see lower job creation, we will record levels. We have tightened bor- to this debt threat. even see a risk of returning to reces- rowing standards for businesses and Two of the more distinguished econo- sion. This is from Goldman Sachs, the consumers. I hear very often that even mists in the country, in addition to the U.S. Economic Analyst, ‘‘What Turns a good businesses with good track two I have already cited, have just con- Stall Into a Slump?’’ They are telling records at paying back loans can’t se- cluded work for the Peterson Institute us one way to turn a stall into a slump cure the credit they need to expand. for International Economics. These are is to fail to extend the payroll tax cuts And we have State and local budget the Reinharts—Dr. Carmen Reinhart and to extend unemployment insurance cutbacks that are continuing. and Dr. Vincent Reinhart—and this is benefits to those who have been out of As we look at the private sector jobs what they concluded following severe work for extended periods of time. picture, there is some good news be- financial crises. They found that eco- That is not just the view of Goldman cause we have now had many months nomic recoveries are shallower and Sachs. I wrote a letter to the Congres- of expansion of private sector payrolls. take much longer. Here is what they sional Budget Office—that is non- In fact, if we go back to 2010, in March said in their analysis: partisan—and I asked them which of

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.058 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8585 the policy initiatives we could take This body is bigger and better than take a minute to talk about that, be- would give us the biggest bang for the we are demonstrating at this hour. We cause I think it is important in the buck. What they told us is No. 1 would have the chance to prove to the Amer- context of what we are trying to do be extension of unemployment insur- ican people that we are worthy of their with Keystone XL. ance. Why? Because the people who re- confidence and that we are able to re- Prior to being elected to the Senate, ceive those benefits are most likely to spond and do the urgent business of the I served the State of North Dakota for spend the money. That means there Nation. I hope we don’t disappoint 10 years as Governor. During that time, would be increased demand in the econ- them. we worked with many companies to de- omy, and that would give additional I thank the Chair and my colleagues velop pipeline infrastructure in North lift. for the courtesy of the additional time, Dakota as we produced more and more Let me be swift to add: For those and I yield the floor. oil for this Nation, but we also worked who are concerned about deficit and The PRESIDING OFFICER. The Sen- with our neighbors from the North who debt, I am with you, absolutely, be- ator from North Dakota. provide oil to our country as well, in cause our long-term threat is this f fact 2.2 million barrels a day, to move growing debt. But CBO has told us in that product safely into our country. testimony before the Budget Com- EXTENSION OF MORNING The Keystone Pipeline, built by mittee there is no contradiction be- BUSINESS TransCanada, as you can see, tracks tween taking steps in the short term to Mr. CONRAD. Madam President, I from Alberta, Canada, all the way give lift to the economy and taking ask unanimous consent the period for down to Patoka, IL. So it is similar in steps in the medium term and the morning business be extended until 7:30 that it brings Canadian crude into our longer term to rein in deficits and debt. p.m., with Senators permitted to speak refineries here in the United States, The PRESIDING OFFICER. The Sen- up to 10 minutes each. which is refined and reduces our de- ator’s time has expired. The PRESIDING OFFICER. Without pendence on other sources of oil. About Mr. CONRAD. Madam President, I objection, it is so ordered. 590,000 barrels a day flow through the ask unanimous consent for an addi- The PRESIDING OFFICER. The Sen- Keystone Pipeline right now. So when tional 3 minutes. ator from North Dakota. we talk about the Keystone XL project, The PRESIDING OFFICER. Without f we are not talking about something objection, it is so ordered. which hasn’t been done before. In fact, KEYSTONE XL PIPELINE Mr. CONRAD. I thank the Chair and we just got done permitting this pipe- I thank my colleagues. Mr. HOEVEN. I wish to begin by line, which is almost identical, bring- This is what JPMorgan Chase has thanking my esteemed colleague from ing oil from roughly the same place in said on expiring payroll tax cut and the great State of North Dakota. I ap- Canada down to refineries into the emergency unemployment benefits: preciate very much his support for this United States. That has already been For 2012, the more important issue is what important project as he has again ex- approved by EPA and the Department happens to expiring stimulus measures. . . . pressed. This is something we worked of State. It went through the requisite Together, [the payroll tax cut and the emer- on for a great length of time. It is NEPA and study processes, it went gency unemployment benefits] have lifted something we have quite a bit of back- household disposable income by about $150 through the proper processes with the billion this year. If they expire as scheduled, ground and experience with, energy Department of State, and it has been consumption growth early next year would production and the infrastructure approved, 590,000 barrels a day coming be challenged. . . . In our baseline view, the needs that go with it. Again, I express into our country to reduce our depend- drag from tightening fiscal policy [including my appreciation to Senator CONRAD for ence on oil from places such as the expiration of the payroll tax cut and emer- his support of the project, and also for Middle East and Venezuela right now. gency unemployment benefits] could sub- expressing, and I think doing so in very So when we talk about Keystone XL, tract 1.5%–2.0% from GDP growth next year. eloquent terms and in terms that are we are not talking about doing any- Since GDP growth is only forecast at very much appreciated, that he feels thing we haven’t already done. 2.5 to 3 percent, a reduction of 1.5 to 2 this is something that needs to ad- This pipeline—which would run a lit- percent would be a dramatic reduction. vance; that he feels as we work forward tle bit to the west—again roughly This is what Mark Zandi, the chief in terms of determining how to handle starts up about the same place, Al- economist of Moody’s Analytics, said: the payroll tax cut holiday issue, this berta, Canada, comes down further If policymakers do nothing here, if Con- is something that can be helpful and than the existing Keystone Pipeline gress and the administration just sit on their constructive. down to our refineries. It is important hands and they do nothing, the odds are very I am here to speak in support of the high we’ll go into recession early next year. to know that this isn’t just about mov- . . . We have a payroll tax holiday, all of us. Keystone project. You might say, Why? ing crude oil from Canada to the . . . We’d be in recession right now without Why is it important that we move for- United States. This is also about mov- it. . . . If they don’t [extend] that, at the ward with this project? Well, first and ing oil within the United States. very minimum, we’ll likely go into reces- foremost, because it is a tremendous In this part of our country, in North sion. job creator, but also because it reduces Dakota and in Montana, we are pro- I hope very much that colleagues are our dependence on foreign sources of ducing a tremendous amount of oil. My listening. I hope very much that we are oil as well as improving environmental home State of North Dakota today is able to proceed to address this matter stewardship. I want to take a minute closing in on oil production of 500,000 of extending the payroll tax cut and of to talk about all three aspects of the barrels of oil a day. We will put 100,000 extending unemployment insurance. legislation. barrels a day of crude oil, such as sweet I think I want to end as I began. If we Together with my colleagues, I put crude, into this pipeline as well. So it had not had the government response forward the North American Energy is not just about moving Canadian oil in TARP and stimulus, Zandi and Security Act of 2011. Essentially, that in America, it is about moving oil Blinder—two of the top economists in legislation clears the path to move for- within our country, production from this country, one who was an adviser to ward with the Keystone XL Pipeline the Bakken region in the Williston the McCain campaign, one who was the project. Basin, down to our refineries. Deputy Chairman of the Federal Re- For those who may not be familiar Also, you will notice that the pipe- serve—have said we would be in a de- with the Keystone XL Pipeline, I line comes down to Cushing, OK. Right pression today. We would be in a de- brought this chart that actually shows now we have a backlog of oil in Cush- pression today, with 16-percent unem- the route it travels. It is a 1,700-mile- ing, OK, and this pipeline will move oil ployment and 8 million fewer people long pipeline which runs from Alberta, from Cushing down to the refineries in having jobs. We ought to pay close at- Canada, down to our refineries in the Texas and Louisiana. So it helps solve tention to that advice. We ought to act gulf coast region. As you can see, it is bottleneck issues, moving oil in our on it, and we ought to do it together. this blue line laid out on the chart. country, which will help reduce prices We ought to find a way for principled Right next to it we have this red line. to consumers as you eliminate some of compromise on both sides. This is the Keystone Pipeline. I will these bottlenecks and price disparities.

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.061 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8586 CONGRESSIONAL RECORD — SENATE December 14, 2011 Again I go back to the point of my Let’s join with our best ally and to- The Keystone Pipeline project will offer being here today, talking about this gether create jobs and produce energy working men and women a real chance to legislation, which is solutions-oriented we can count on. earn a good wage and support their families legislation, problem-solving legisla- The issue has been brought up about in this difficult economic climate. tion. What it does is it creates jobs, it environmental stewardship. For those James P. Hoffa, International Broth- reduces our dependence on Middle East who say we have some concerns about erhood of Teamsters: oil, and again it provides better envi- producing oil in the oil sands region of ronmental stewardship. So when I say Canada, I submit Canada is doing what At a time when jobs are the top global pri- it is solutions oriented, what do I mean we are doing. North Dakota all the ority, the Keystone Project will put thou- by that? The issue, as I think most peo- time is improving their technology in sands back to work and have ripple benefits ple who follow this issue will recall, order to improve their environmental throughout the North American economy. Our members look forward to being part of the concern or the problem was in the stewardship. For example, going to in this historic project and pledge to deliver the Sandhills region of western Nebraska. situ mining rather than for excavation highest quality work to make it a success. Concern had been expressed about for things such as producing the oil going through the Sandhills of Ne- sands. President Edwin D. Hill, Inter- braska. That is an area where we have The point we have to understand that national Brotherhood of Electrical the Ogallala aquifer, and there was is very important is, if the pipeline Workers. The list goes on. concern there that there might be an doesn’t go this way, if the pipeline As I said, this project has been stud- issue should there be any kind of doesn’t go south, it is going to go west. ied for 3 years. We have already built breach in the pipeline. So that was the If this product does not come to the the sister project. We have gone issue. United States, this 700,000 barrels, it is through that whole process. This has However, the State of Nebraska re- going to the west coast of Canada, been studied for 3 years already. cently had a special session. In that where it will be loaded on ships and it special session, they said, Hey, we will will go to China. How much will this project cost the work to reroute the project to eastern We have a choice to make. Do we American taxpayer? This is a $7 billion Nebraska, similar to the pipeline that want to reduce our dependence on oil investment, but it is private invest- already exists. That eliminates the from the Middle East and from Ven- ment. It is private investment that problem. Now we don’t have an issue ezuela and other parts of the world stimulates job creation. Not only will anymore in the Sandhills area of Ne- where we have real security issues? Do it not cost the American taxpayer one braska. we want to increase the relationship dime, The Perryman Group from Waco, The legislation we have written and and the economic ties with our best TX, estimates it will create hundreds that has now been incorporated into ally in the world or do we want 700,000 of millions of dollars in local and State the House bill takes that very solution barrels a day of Canadian oil going to revenues. and incorporates it into the legislation. China instead? Our country faces some real chal- By the way, let’s talk about the envi- It says the Nebraska Department of lenges. One of those challenges is we ronmental stewardship. That means we Environmental Quality can work with have to get people back to work. We EPA and the State Department to re- have to haul it over there on oil tank- have 8.6 percent unemployment. We route the project in Nebraska so there ers. We have to continue to bring our have 13.3 million people looking for is no longer an issue. We solve the product in on oil tankers, so we have work. We need to get them back to problem. It is problem-solving legisla- higher emissions instead of lower emis- work. So government needs to create tion. sions. Instead of that oil being refined the legal, tax, and regulatory environ- We say as to the entire project that in the cleanest refineries in the world, ment that stimulates private invest- the administration, with State, the which we have, it is going to be refined EPA, and so forth, has to make a deci- in refineries in China, which have ment and gets people back to work. sion on whether to approve the project much higher emissions. This legislation, this project, helps do within 60 days. Is it in our national in- Again, the whole focus of the legisla- that. terest? They have to make that deci- tion—I authored the bill. The whole We have a deficit and a debt—a def- sion within 60 days so the project can focus in writing this bill was to say: icit of about $1.3 trillion, a debt that is get started and we can start creating How do we solve the problem? How do now $15 trillion. When our President those construction jobs. But as to Ne- we deal with the concerns? How do we took office, our debt was $10 trillion. braska, they are not bound by the 60 make sure we are being fair to people The national debt was $10 trillion. days. They have the time they need to but that we move forward with real job Today it is $15 trillion. creation, with producing more energy incorporate the solution from the We have to get a grip on our spend- to increase our energy independence State’s special session. ing. We have to start finding savings, All we are saying is this project has with our good friend and neighbor, our but at the same time we have to grow been studied for 3 years. It has been strongest ally—Canada? How do we this economy. We have to get private studied for 3 years already. It has gone continue to do more in terms of private investment going and grow this econ- through the NEPA process. It has gone investment, deploying technologies, omy. That growth in revenues and con- through the full EIS. State was ready creating better environmental steward- trolling our spending is what will re- to make a decision. It got held up be- ship? It is about problem-solving legis- duce the deficit and the debt. cause of Nebraska, and we specifically lation. addressed that problem. Now it is time We can see we have not only the U.S. You know what, we have to do more to go forward. That is why this is prob- Chamber of Commerce now supporting to reduce our energy dependence on lem-solving legislation. this legislation, because they want to places such as the Middle East and Again, this is about creating jobs. see job creation, but we have all the Venezuela, where we have real chal- This is about reducing our dependence large building and trade unions sup- lenges. This is the kind of project that on Middle East oil. We absolutely ad- porting it as well—AFL–CIO, Inter- can do it. I submit we need to move dress the issue of Nebraska. We do not national Brotherhood of Teamsters, forward. This body has the opportunity set a 60-day time limit on it. As to the International Brotherhood of Elec- to truly empower the kind of invest- rest of the project, we can get started. trical Workers, Labors International ment we need to move our economy Let’s talk about who supports the Union of North America, United Asso- forward, to create greater energy inde- project. The Prime Minister of Canada, ciation, International Union of Oper- pendence, and to help Americans get Stephen Harper, has talked to our ating Engineers. back to work. That is exactly what President and said, look, our greatest It is America’s workers who are they want. I encourage my colleagues ally is Canada. Canada says, this is a clamoring for the expedited approval of to support this legislation. very important project for Canada. this important project. We can’t wait. This is about producing our energy re- Mark Ayers, president, Building & I yield the floor. sources in Canada. This is about jobs Construction Trades Department, The PRESIDING OFFICER. The Sen- and economic opportunity in Canada. AFL–CIO: ator from Illinois.

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.062 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8587 BALANCED BUDGET AMENDMENT ernors lived with balanced budget re- I think we should embrace some of the Mr. KIRK. Mr. President, too often quirements and it imposed great re- tough, big, bold, bipartisan proposals we have set-piece speeches in the Sen- strictions on us. It forced us to make that have been put on the table— ate without any resort to the tradi- tough decisions on annual timelines, so whether the Bowles-Simpson Commis- tional debate, where two sides are I understand why it is tempting to con- sion or others. The framework of a equally dividing time without a set sider passing one of the balanced budg- broad deal that requires sacrifice from script on a critical issue before our et amendments that were before this all, changes to the spiraling Federal country. I would like to restart the Chamber today. spending, and changes in the direction true Senate tradition of debate with a But there is a difference between the of the country is on the table before us. debate with my colleague from Dela- Federal Government and the State and Why take a detour into amending ware. local governments. Thomas Jefferson America’s foundational document rath- I will yield to him right now. acted decisively to make the Louisiana er than simply stepping up and doing Mr. COONS. I thank Senator KIRK. I Purchase possible and to finance the the job that is before us? am grateful for the Senator inviting War of 1812. During the current eco- Mr. KIRK. The job of each generation me to join him in a real debate on the nomic downturn, if the Federal Gov- is to make sure the Constitution deals floor on an issue about which we dis- ernment had not been able to borrow with critical problems facing the coun- agree and about which we cast oppos- and invest in restoring growth to this try, so we amended the Constitution so ing votes earlier today. It is an issue of country, we would not have had a great we could prohibit slavery. We amended real import to our country. It is some- recession, we would have had a second the Constitution so we could grant thing that has been debated in the past depression. I am convinced of it, and it women the right to vote. We should and will be in the future but essen- is one of the reasons I think, had the amend the Constitution to prevent one tially whether we should have a bal- balanced budget amendment been in generation from encumbering the next anced budget amendment. place, we would have been in even generation. Mr. KIRK. What I would like to do greater trouble than we have been over America is the greatest experiment now, in sort of a chess clock style, is the last few years. in self-government and, more impor- take 10 minutes, with unanimous con- Mr. KIRK. What we see now, today, tant, the underlying value of self-rule sent, to be equally divided between me though, is that we are awash in $15 tril- ever designed. But we have seen in re- and the Senator from Delaware on the lion in debt and that since the creation cent days that self-control disappear. subject of the balanced budget amend- of the triple A credit rating by Stand- We work in the Senate, now well onto ment. ard & Poor’s, the United States has I think 900 days, without a budget. This The PRESIDING OFFICER (Mr. now lost that rating. is the most successful corporation, the WHITEHOUSE). Without objection, it is When young Americans are born most successful enterprise on Earth, so ordered. For 10 minutes, the Senator today, they already owe the Federal representing the real aspiration for from Illinois and the Senator from Government $40,000. So they will have human dignity and freedom. Yet that Delaware may engage in a colloquy. a lower income and a higher tax burden is in danger if we become indebted to The Parliamentarian will keep track of throughout their working lives because China and other countries in ways that the time of each, to the best of our ca- of the debts put on them. no previous generation of Americans pability. Mr. KIRK. Mr. President, the United The biggest reason for a balanced have done. This country has regularly States needs to adopt a balanced budg- budget amendment, though, is we have amended the Constitution to fix inequi- et amendment to the Constitution. It a structural inability to represent ties in our society, and the growing in- was a good idea when Thomas Jefferson young Americans. They cannot vote equity we see today is debt and defi- backed it and it is an even more impor- until they are age 18. Yet the rep- cits, especially to other countries. tant idea today. What we are seeing in resentatives of their parents can trans- Therefore, we should amend the Con- Europe is a collapse of government fi- fer tremendous burdens onto that stitution to protect those who cannot nance because they have spent too young generation of Americans. The yet vote from an economic fate that much, taxed too much, and borrowed essence of the American dream is that would otherwise befall them. too much. Not only do they have a cri- our children’s lives will be better than Mr. COONS. Mr. President, how much sis of their government debt, but they our own. But given the weight of the time remains? The PRESIDING OFFICER. On the have higher taxes and lower economic debt we are now transferring onto the Senator’s side, 2 minutes 20 seconds; on performance because of that philos- backs of the next generation, that may the side of the Senator from Illinois, 1 ophy. no longer be possible. We cannot repeat that mistake. That We absolutely have to have a struc- minute 16 seconds. is why the Senate should have adopted tural way to prevent one generation Mr. COONS. Mr. President, as the a balanced budget amendment. I will from transferring new spending and good Senator from Illinois suggests, we speak in bipartisan fashion—any of the new debt to the new generation so the are, indeed, encumbering future gen- balanced budget amendments we con- American ideal is preserved and so erations with a debt that has risen sidered today would have been better, they have a fighting chance to have a above $40,000 per American. This is a rather than to subject our country to a better life than their parents. central challenge of our time, one in rising tide of debt and an economic Mr. COONS. This Senate can, should, which our national security leadership model which is already, we are seeing, and has shown the ability to reach bal- has cited as critical to ensuring our se- failing in Europe. anced budgets—no, in fact, surpluses— curity and our liberty going forward. Mr. COONS. I could not agree more within living memory. In fact, when But, in my view, the balanced budget that we need to be responsible; that the President Clinton was the President, amendment that was advanced through United States and this Senate need to this Senate and the House acted to- S.J. Res. 10 earlier today would compel face our serious and crippling national gether. They adopted budgetary self-re- exactly the sort of intergenerational deficits and debt. straint. burdens that my good friend from Illi- It was a good idea when Thomas Jef- Why amend the Constitution of the nois suggests he seeks to avoid. ferson recognized that a balanced budg- United States, our most foundational Let me be clear. The requirements of et amendment was a bad idea. Thomas document, when we have within our that balanced budget amendment in- Jefferson actually, several years later, own power, recently demonstrated in clude a spending cap, a supermajority after supporting a balanced budget the late 1990s, the capacity to control requirement to raise the national debt, amendment, acted as President in ways ourselves? and a two-thirds requirement for any that demonstrated he understood that The Senator and I agree we are leav- increase in Federal revenue. Those in real opportunities required extraor- ing to our children an enormous, crush- combination would compel drastic, im- dinary capabilities by the Federal Gov- ing legacy of a national debt that has mediate, and substantial reductions in ernment. exceeded safe boundaries. But why a wide range of programs—such as So- I was a county executive. Others in amend the Constitution in order to cial Security, Medicare, Medicaid, vet- this Chamber who were mayors or Gov- force the Senate to do our job? Instead, erans benefits—that if imposed would

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.063 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8588 CONGRESSIONAL RECORD — SENATE December 14, 2011 have not just a short-term, very nega- The PRESIDING OFFICER. The Sen- him for what he did, which was ex- tive impact on our current economy ator from Louisiana. traordinary, and asked the general but a significant restructuring of the Ms. LANDRIEU. I ask unanimous what he could do as a return favor. longstanding relationships between in- consent that the order for the quorum Without blinking an eye, General dividual citizens and generations. call be rescinded. Landreneau just said: Yes, leaving a legacy of debt to the The PRESIDING OFFICER. Without Sir, please, if you could get us home for next generation is a terrible thing for objection, it is so ordered. Mother’s Day, it would be appreciated. us to do, but leaning on the crutch of f So all of the mostly guys were home the Constitution and the fig leaf of a TRIBUTE TO MAJOR GENERAL from other States—some women in the constitutional amendment to avoid BENNY LANDRENEAU battalion as well—and they were doing our responsibility—a job which thrilled to be home with their parents. the Senate is fully capable of doing— Ms. LANDRIEU. Mr. President, while In 1996, shortly after the gulf war, avoids that responsibility to the next we have a bit of quiet time on the Sen- General Landreneau retired from the generation. ate floor this evening, I thought I Department of Agriculture and Natural I close with this question: As we say would make brief remarks about the Resources where he served also as a in the law, if there is a right, what is extraordinary career of MG Benny State conservationist for almost 30 the remedy? If we were to pass this Landreneau. General Landreneau re- years. Since that time, he has taken constitutional amendment, how would cently retired as the most senior Adju- the National Guard in Louisiana from it be enforced if the Senate in the fu- tant General in the Nation, with nearly a strategic reserve force to an oper- ture were to fail to balance the budget? 14 years of service as head of the Lou- ational force that continues to lead the Would lifetime Federal judges around isiana National Guard, serving under Nation both on and off the battlefield, the country be imposing choices in three Governors, and nearly four dec- and I will talk about off the battlefield terms of budget cuts, spending cuts, ades of service to the State of Lou- in just a minute. revenue changes? I think that would be isiana and our Nation. General Landreneau was quoted as no better—in fact, far worse—than the Over many years I have had the joy saying: Senate simply doing its job. and pleasure of calling General The Louisiana National Guard soldiers and Today I voted against this balanced Landreneau a friend and a colleague airmen are part of the finest National Guard budget amendment because I think we and I have worked closely with him in America. It is their dedication and profes- have it within our power to show self- and the 11,000 members of our Lou- sionalism, their commitment and their hard control and to secure the future for the isiana National Guard. Through the work that has made the Louisiana National next generation of Americans. September 11 attacks on our country Guard the finest guard in America. The Lou- and through Hurricanes Katrina, Rita, isiana National Guard has performed in such Mr. KIRK. I would close by saying an outstanding matter in accepting these the Senator and I agree. I think the Gustaf, and Ike and the recent BP oil- new challenges of being an operational force Simpson-Bowles plan is the right way spill—one of the largest environmental and responding to the wars in Afghanistan to go, and my hope is that we join to- disasters in our Nation’s history—Gen- and Iraq and deploying throughout the world gether on a bipartisan basis to reduce eral Landreneau has proven his leader- when called on and, at the same time, being expected Federal borrowing by $4 tril- ship to the people of Louisiana and our able to take up the work of their State emer- lion along the lines of that bipartisan Nation time and time again. gencies— Presidential commission. But, unfortu- Benny, as he is known by his friends, Which have been too numerous to nately, the Simpson-Bowles plan is credits his father with inspiring him to count— gathering dust. The supercommittee serve in the National Guard. His father and being able to respond to the citizens of that was given procedural powers to Joseph Audley Landreneau was a World this State in an outstanding fashion. possibly put that forward also col- War II veteran and engineering soldier This is due in part, I say, to his lead- lapsed. We have not been able to do our and a combat veteran. Benny, who ership and vision. job, and we are now encumbering the grew up in Vidrine, LA, chose to follow General Landreneau has also been in- next generation with even greater in his father’s footsteps and quickly strumental in implementing one of the amounts of debt—historic amounts. rose through the ranks in the Lou- most phenomenal programs in our I think the Founding Fathers did not isiana National Guard. country: the Louisiana National Guard contemplate the ability to borrow as As a young man, in 1969 he enlisted Youth ChalleNGe Program. It is part of much from other countries as we now as a light weapons infantryman in the the National Youth ChalleNGe Pro- have, and with the United States as the 773rd Maintenance Battalion. Two and gram. This is what I mean by off-the- center of freedom and democracy a half years later he graduated from battlefield expertise as well as on-the- around the world there is a lot riding Officer Candidate School and became a battlefield expertise. on the credit of the United States. second lieutenant platoon leader as Some years ago—I think about 15— My colleague from Delaware talks part of the 3671st Maintenance Com- when General Conway was the general about a very vital future—especially pany. From those very early begin- for the National Guard, he helped to for people like my own mother—of So- nings in the National Guard, he pro- start this program that now has grad- cial Security and Medicare, but I think gressed rapidly through the ranks. uated over 100,000 young people be- she understands that a bankrupt coun- During his time with the Guard, Gen- tween the ages of 16 and 18 who are un- try cannot support Social Security and eral Landreneau was part of several fortunately drifting from the straight Medicare. We have to defend the credit major campaigns, including a deploy- and narrow path. They haven’t ended of the United States, and therefore I ment during Desert Storm. During the up in prison yet, but they are headed think a balanced budget amendment is first gulf war General Landreneau and that way. They have given up on them- essential to the long-term future of the his 527th Engineer Battalion were selves. They have gotten into a little United States. tasked with any number of important bit of trouble and need a second With that, I thank my colleague. missions, including the No. 1 mission chance. This program offers them that Mr. President, we have just finished. for the gulf war commander himself, chance. I hope we do return to a tradition of GEN Fred Franks. Under General Landreneau’s leader- actual debate, and I thank my col- General Franks needed an unmanned ship, we run three of the dozens of pro- league for the chance to carry out this aerial vehicle landing strip built imme- grams operating in the United States. I debate. diately, so he knew who to call to get might say we run the best three, hav- Mr. COONS. I thank the Senator. that job done. He called Benny ing been granted and acknowledged I yield the floor and suggest the ab- Landreneau and his battalion. Need I with awards in ceremonies for many sence of a quorum. say that it was done, I am sure, under years in Louisiana and having grad- The PRESIDING OFFICER. The budget and before time. uated the largest number of young peo- clerk will call the roll. After the 527th returned to the com- ple. This has been done because of Gen- The assistant bill clerk proceeded to mand headquarters, General Franks eral Landreneau’s extraordinary com- call the roll. called General Landreneau to thank mitment to the citizens of our State

VerDate Mar 15 2010 03:32 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.065 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8589 and to the young people of our State Scientists put a man on the Moon— are a few articles published by climate and the respect he has of his rank and several men, actually—and got him skeptics in peer-reviewed journals, but file for these men and women to go be- back safely. These are rocket sci- the vast majority—97 percent—of the yond their regular duties and respon- entists. peer-reviewed literature supports the sibilities and step up and say: There is Scientists made it possible for Amer- notion that people are causing the an epidemic in America. Our dropout icans to watch this speech on C– Earth’s climate to change. rate is too high. What can the National SPAN—that is C–SPAN, the Cable Sat- What are peer-reviewed articles? Guard do, in addition to everything ellite Public Affairs Network—also Well, they are articles scientists write else they do both abroad and at home, rocket scientists. after conducting experiments. The ex- to help? It is extraordinary. Scientists also came up with such perimentation is designed to test a hy- His grandchildren and his children useful things as the Internet. pothesis. If the hypothesis holds up, are proud of him. I know he is very A scientist from the University of the scientist writes a paper describing proud of them. Minnesota, a Noble Price-winning the experiment and sends to it a profes- He has assembled over the last 14 agronomist named Norman Borlaug, is sional journal. The journal then sends years arguably the most tested staff in credited with saving over 1 billion lives to it other experts in the field—peer re- the Nation. He is being succeeded as worldwide. He did this by using science viewers—who see if they can tear any Adjutant General by GEN Glenn Cur- to develop a high-yield, disease-resist- holes in the theory. They question the tis, who has served as General ant wheat that was planted in Paki- methodology. They check the math. Landreneau’s right-hand man for the stan, India, and elsewhere around the Very often, they send the paper back last 6 years. It is the hallmark of his world. with questions. And the researchers leadership that General Landreneau By engineering our next-generation will make changes to satisfy the re- leaves his staff ready to step up, ready weapons systems, scientists ensure viewers’ inquires. If in the end the peer to serve, and ready to continue the ex- that our military will continue to be reviewers think the work is sound, cellent service they have given to the the most powerful in the world. they recommend the paper for publica- people of our State and our Nation. Al- We rely on science and scientists, and tion. Then, after publication, other sci- though General Curtis will bring his if we are to progress as a country, if we entists in the field are free to read the own brand of leadership to the Na- and future generations of Americans paper and plug away and disprove it if tional Guard, there is no doubt, as he are to be healthy and prosperous and they can. That is a peer-reviewed has said to me many times, he has safe, we better put science right at the paper. learned at the elbow of GEN Benny center of our decisionmaking. Yet, I repeat, the vast majority of peer-re- Landreneau. right now, foundations and think tanks viewed literature supports the notion In conclusion, I would like to person- funded by the fossil fuel industry are that people are causing the Earth’s cli- ally, on behalf of the people of our spreading misinformation about the in- mate to change, and 97 percent of pub- State, thank GEN Benny Landreneau tegrity of climate science, much as lished climatologists say yes when for his many years of service and dedi- think tanks paid by the tobacco indus- asked: Do you think human activity is cation to the people of Louisiana and try used misinformation to cast doubt a significant contributing factor in our country. I want him to know he about the health hazards of smoking. changing mean global temperatures? has positively impacted our State in Ignoring or flatout contradicting Mr. WHITEHOUSE. Mr. President, as ways that will long be remembered. what climate scientists are telling us Senator FRANKEN has pointed out, de- The people of Louisiana are grateful about the warming climate and the spite the efforts to mislead and create for his service and for his dedication, warming planet can lead to really bad doubt, the jury is not out on whether and we honor his admirable career in decisions on natural energy and envi- climate change is happening and being the National Guard. ronmental policies here in Congress. So caused by manmade carbon pollution; Thank you, Mr. President. I yield the today Senator WHITEHOUSE and I want the verdict is, in fact, in, and the ver- floor and suggest the absence of a to take some time to talk about cli- dict is clear, as shown by this group of quorum. mate science and about the fact that a scientific organizations that signed a The PRESIDING OFFICER. The scientific consensus on climate change letter supporting our efforts to do clerk will call the roll. has been reached. Climate change is something about carbon pollution in The assistant bill clerk proceeded to happening and is being driven by the Senate back in October of 2009: the call the roll. human activities. American Association for the Advance- Mr. FRANKEN. Mr. President, I ask From the National Academy of ment of Science, the American Chem- unanimous consent that the order for Sciences, to the American Meteorolog- ical Society, the Geophysical Union, the quorum call be rescinded. the Meteorological Society, the Nat- The PRESIDING OFFICER (Mr. ical Society, to the American Academy for the Advancement of Science, all of ural Science Collections Alliance, the BEGICH). Without objection, it is so or- the preeminent scientific institutions Botanical Society of America. dered. Virtually every significant scientific Mr. FRANKEN. Mr. President, I ask agree that manmade greenhouse gas organization accepts that these are the unanimous consent that Senator emissions are warming the planet and facts and that the verdict is in, and, in- WHITEHOUSE and I be permitted to en- are a threat to our economy, to our se- deed, there is some recent added sup- gage in a colloquy. curity, and to our health, and so do the The PRESIDING OFFICER. Without overwhelming majority of actively port. The scientific community con- objection, it is so ordered. publishing climatologists. tinues to examine this question. This graph, taken from a study pub- A recent report by James Hansen and f lished by the National Academy of Makiko Sato says: CLIMATE CHANGE Sciences, shows responses to the sur- Climate change is likely to be the predomi- Mr. FRANKEN. Mr. President, I rise vey question: Do you think human ac- nant scientific, economic, political and tivity is a significant contributing fac- moral issue of the 21st century. The fate of today to address an alarming trend humanity and nature may depend upon early that I see in our national discourse. As tor in changing mean global tempera- recognition and understanding of human- legislators, our decisions need to be tures? made effects on Earth’s climate. rooted in facts. Science driven by data What you see here is that as climate They continue: expertise goes up, so does the affirma- and rigorous analysis needs to inform Earth is poised to experience strong ampli- our policymaking. tion that climate change is real and is fying polar feedbacks in response to mod- Scientists are the ones who made the caused by human beings. Among the erate global warming. Thus, goals of limiting United States the world’s innovator in most expert pool of respondents, cli- human-made warming to 2 degrees Celsius the last century. Scientists are the matologists who are actively pub- are not sufficient—they are prescriptions for people who gave us antibiotics, for ex- lishing on climate change, represented disaster. ample. Do you like being able to use by this bar right here, the rightmost Another recent report, ‘‘Climate antibiotics? Well, then, thank sci- bar, 97 percent of that category of sci- Change and European Marine Eco- entists. entists answered yes. Of course, there system Research,’’ reads as follows:

VerDate Mar 15 2010 03:42 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.067 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8590 CONGRESSIONAL RECORD — SENATE December 14, 2011 There is no doubt that rapid global warm- Finally, you go to the 25th doctor. Mr. FRANKEN. This is actually an ing and ocean acidification are real, and very The 25th doctor says: It is a good thing interesting area. There is a well-estab- high confidence that both are forced by you came to me, because all this diet lished link between the scientists who human activities and emissions of carbon di- and exercise would have been a com- have worked for think tanks such as oxide. Climate change effects are especially evident in the oceans. plete waste. You are doing fine. Those George C. Marshall Institute, Heart- other doctors are in the pockets of the land Institute, and other foundations, I will get into that later on in our fresh fruit and vegetable people. He which were funded at first by tobacco colloquy a little bit further. says: Enjoy life, eat whatever you money and, since then, by the fossil Levels of atmospheric CO2 are accel- want, keep smoking, and watch a lot of fuel industry. These scientists have erating. TV. That is my advice. been paid to spread misinformation in A third report, ‘‘The World Energy Then you learn the doctor was paid a order to cast doubt. That is all they Outlook for 2011,’’ says: salary by the makers of Twinkies, have to do—on a whole host of sci- Global energy-related carbon dioxide emis- which, don’t get me wrong, are a deli- entific issues—first, tobacco and acid sions reached 30.4 Gt in 2010, 5.3% above 2009, cious snack food and should be eaten in rain, the hole in the ozone layer, and representing almost unprecedented annual moderation. Am I making sense here? now climate change. growth. In the New Policies Scenario, our Mr. WHITEHOUSE. It is actually Take tobacco, for example. Scientists central scenario, CO2 emissions continue to quite a good example, because we have increase, reaching 36.4 Gt in 2035, and leading were paid to testify in court that there to an emissions trajectory consistent with a some of the phony science that has at- was no proof that smoking caused can- long-term global temperature increase of 3.5 tacked the science of climate change, cer or was addictive, even after the in- degrees Centigrade. which is actually a pretty good com- dustry scientists knew darn well that What does that mean? parison to what the Senator described. cigarettes were addictive and did cause Take, for instance, the bogus Mar- The expected warming of more than 3.5 de- cancer and heart disease. In fact, the grees Centigrade in the New Policies Sce- shall Institute, which was founded in tobacco industry was found guilty in nario would have severe consequences: a sea 1984 by a physicist who had been the 2004 of plotting to conceal the health level rise of up to 2 metres, causing disloca- chief scientist behind the tobacco in- risks and addictiveness of cigarettes tion of human settlements and changes to dustry’s campaign to convince Ameri- from the public. The judge found that rainfall patterns, drought, flood, and heat- cans that tobacco is actually OK for the tobacco industry had ‘‘devised and wave incidence that would severely affect you, and that there was doubt about executed a scheme to defraud con- food production, human disease and mor- whether it would actually do you any sumers and potential consumers about tality. harm. A few years later, he organized the hazards of cigarettes—hazards that There are also iconic American com- something called the Oregon Petition, their own internal company documents panies that have made the considered which denied that climate change was proved they had known since the business judgment that climate change happening. They phonied up the Oregon 1950s.’’ is real and we need to prepare. But we Petition to look like official papers of The whole purpose of this scheme can get more on that later in the col- the National Academy of Sciences. So was to provide misinformation, to con- loquy. the National Academy of Sciences had fuse the public, to manufacture doubt, Mr. FRANKEN. Yet, in spite of all of to take the unusual step of responding and that is what is happening right this—and these are all new reports on that the petition ‘‘does not reflect the now with climate change. Public data top of this 97 percent number that was conclusion of expert reports of the from the Security and Exchange Com- established. Yet the conservative academy,’’ and further, that it was ‘‘a mission and from charitable organiza- media and some of my colleagues in deliberate attempt to mislead.’’ So he tion reports to the IRS report showed Congress seem to think it is just fine is an ‘‘expert’’ saying that tobacco is that between 2005 and 2008, ExxonMobil to ignore what these scientists are say- OK for you. Suddenly, he turns up as a gave about $9 million to groups linked ing. climate denier, and he phonies up his to climate change denial, while founda- Let me illustrate this with an anal- report to look like—— tions associated with the private oil ogy. Say you went to a doctor and the Mr. FRANKEN. Was he part of a company Koch Industries gave nearly doctor told you: You better start eat- foundation? $25 million. The third major funder was ing more sensibly and start exercising, Mr. WHITEHOUSE. This is founded the American Petroleum Institute. All because you are tremendously over- by the Marshall Institute. There are in all, the energy industry spent hun- weight. I see that you have a family others of these out there. The other ex- dreds of millions of dollars, even bil- history of heart disease, and your fa- ample is the Heartland Institute, an- lions of dollars, on lobbying against ther died of a heart attack at an early other so-called think tank with back- climate change legislation between age. You have to go on a diet and start ers from tobacco and the fossil fuel in- 1999 and 2010, including a large spike in working out a little bit. dustries, founded also in 1984. It has spending from 2008 to 2010. You say: You know what. I want a written reports to try to manufacture Mr. WHITEHOUSE. And it is not second opinion. So you go to a second doubt about climate science and about enough that they have a stable of paid- doctor and he says: OK, you have a the risks of secondhand smoke. Heart- for scientists to create doubt, to create family history of heart disease. Your land received nearly $700,000 from phony science that raises the level of father died of a heart attack at a ExxonMobil through 2006. Their bogus doubt; they also go out of their way to young age, and you weigh over 300 policy documents include false claims attack legitimate scientists. You pounds. You smoke three packs a day. that climate change is poorly under- would not think this would carry much Your cholesterol is out of control, your stood, and simply wrong assertions, weight in a proper debate, but ampli- blood pressure is through the roof. It that there is no consensus about the fied by the corporate money behind it, would be irresponsible of me as a doc- causes, effects, or future rate of global and designed, as the Senator said, with tor not to immediately send you to warming. the purpose not to win the argument this place at the Mayo Clinic that I Picking these two—but there are oth- but to create doubt so that the public know. I think you have to go there. ers in the constellation of bogus moves on, it is actually worse. You say: Thanks, doctor, but I want science—they are commonly funded by One example of this attack on life- a third opinion. So you go to the third the Bradley Foundation, the folks who time scientists has been the phony so- doctor and the third doctor reads the brought you the John Birch Society; by called Climategate scandal, which was chart and looks at you and goes: Wow, the Scaife foundations, which are con- an effort to derail international cli- I am amazed that you are still alive. stantly behind rightwing causes; the mate science and climate negotiations. You say: You know what. I want a Olan Foundation, which is against pub- Mr. FRANKEN. Climategate. Some- fourth opinion. And then you go to the lic health causes; ExxonMobil; and by times the Senator and I refer to it as fourth, fifth, sixth, and seventh doc- the Koch brothers. Although it may ‘‘Climategate-gate.’’ tors. They are all saying the same look like different voices, it is actually Mr. WHITEHOUSE. Yes, Climate- thing. But you keep asking for more the same money speaking through dif- gate-gate. In fact, the real scandal here opinions. ferent fronts. wasn’t what the scientists did; the real

VerDate Mar 15 2010 03:42 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.070 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8591 scandal was the phony attack on the Mr. WHITEHOUSE. And it provoked Now, shortly after climategate, or scientists. considerable review afterward because climategate-gate, a physicist at the Mr. FRANKEN. I thank my colleague of the alarmist claims that were made University of California Berkeley, for bringing this up. Let’s talk about in this phony attack on the climate Richard Muller, who was skeptical of that. This is the leak of thousands of e- science. A number of pretty respectable the prevailing views on climate mails from scientists at the University organizations took a look at this. One science, decided to test the tempera- of East Anglia Climate Research Unit was the university itself, and the uni- ture records. Muller, a skeptic, started back in 2009. It was done right before versity itself reached the conclusion on the Berkeley Earth Surface Tempera- the Copenhagen conference, right? the specific allegations made against ture Study to reevaluate the record Mr. WHITEHOUSE. I believe that is the behavior of CRU scientists, ‘‘We and weed out scientific biases. This was correct. find that their rigor and honesty as sci- gold to climate deniers. In fact, among Mr. FRANKEN. OK. The conservative entists are not in doubt. In addition, the funders for the Muller study was media—remember, this doubt is ampli- we do not find that their behavior has the Charles Koch Foundation. But fied in the conservative echo chamber, prejudiced the balance of advice given things didn’t work out the way the talk radio, et cetera. You know what it the policymakers. In particular, we did deniers had hoped. is, the Wall Street Journal editorial not find any evidence of behavior that In late March, Dr. Muller testified page, Fox News, et cetera. Conserv- might undermine the conclusions of before the House Science and Tech- ative media pounced, taking quotes out the IPCC assessment.’’ That was the nology Committee with his initial find- of context to sensational lies like this university review. ings on temperature increases since the ‘‘scandal.’’ Most of the attacks were di- Not enough? The National Science late 1950s. This is what he said: rected at an e-mail by Phil Jones, a cli- Foundation also—— Our result is very similar to that reported mate scientist working with the East Mr. FRANKEN. The university could by the prior groups—a rise of about .7 de- Anglia Climate Research Unit, in be biased. grees Celsius since 1957. This agreement with the prior analysis surprised us. which in this e-mail he referred to Mr. WHITEHOUSE. That is why we using ‘‘Mike’s Nature trick of adding in go on to the National Science Founda- Because, as I say, they were skeptics. the real temps to each series for the tion, which found no direct evidence of Muller basically recreated the blade of last 20 years to hide the decline.’’ That research misconduct and therefore the so-called hockey stick graph, or sounds very bad, ‘‘trick’’ and ‘‘hide the said, ‘‘We are closing this investigation the temperature graph, that had come decline.’’ That went viral in the con- with no further action.’’ under attack in climategate. This graph shows Muller’s estimates servative media—evidence that the sci- Parliament looked into it as well, be- against the previous estimates. Mull- entific consensus on climate change cause the university was in Great Brit- er’s Berkeley is black. You will see it is was a giant hoax. We had a Member of ain. And the House of Commons did an just identical, pretty much. This past this body who said the science behind investigation. The Commons’ inves- October Dr. Muller’s group released its this consensus ‘‘is the same science tigation concluded that the challenged findings, and to the dismay of skeptics that, through climategate, has been to- actions by Professor Jones and others and deniers these findings further con- tally rebuffed and no longer legitimate, ‘‘were in line with common practice in firmed the prevailing science behind either in reality or in the eyes of the the climate science community.’’ They climate change and the work of the sci- American people and the people around went on to say: entists attacked during climategate- the world.’’ Insofar as we have been able to consider But it turns out that the trick being gate. accusations of dishonesty, we consider that We can see the results on the chart. referred to in the e-mail is actually a there is no case to answer. This gray band indicates a 95-percent technique to use the most accurate No case to answer. Finally, they said: statistical spacial uncertainty. But it data available. Pre-1960, temperature We have found no reason in this unfortu- is exactly—and his line is the black data would include measurements from nate episode to challenge the scientific con- line—exactly what the other scientists thermometers, tree rings, and other so- sensus as expressed by Professor Bennington measured. called temperature proxies. Post-1960— that ‘‘global warming is happening and that it is induced by human activity.’’ The summary of the findings begins this is the trick—they excluded tree by saying, bluntly, ‘‘global warming is ring data from some specific kinds of So the studies that looked at wheth- real,’’ and goes on to say: trees that were widely recognized by er the climate science was phony or Our biggest surprise was that the new re- the scientific community to be unreli- whether the climategate scandal was sults agreed so closely with the warming val- able after 1960. So the decline refers— phony have all come down supporting ues published previously by other teams in they refer to it as—it isn’t a decline in the science and pointing out that the U.S. and U.K. global temperatures, as the deniers climategate should properly be known Including East Anglia. claim. as climategate-gate because it was the This confirms these studies were done Since 1960, we have had pretty good scandal that was phony. carefully and that potential biases identified measurement of temperatures around Mr. FRANKEN. Now, let’s make a by climate change skeptics did not seriously the world with things such as ther- distinction between people who are cli- affect their conclusion. mometers. They knew this tree ring mate skeptics and people who are cli- So even though these claims that the gave an apparent decline in tempera- mate deniers. This is kind of an impor- consensus on global warming is a hoax ture, as measured by these specific tant distinction. There is nothing have been refuted so convincingly—by kinds of trees that were known to be wrong with skepticism. In fact, we love a skeptic no less; funded by Charles inaccurate compared to all the sensors skeptics. Scientists are, by nature, Koch, no less—some of the deniers keep we have for measuring—and there are skeptical. If someone has a new idea, repeating it. The science is settled and thousands and thousands and thou- they need to prove conclusively they climategate, or climategate-gate, was sands and thousands and thousands of are right before 97 percent of scientists just a big distraction. So now let’s measurements of the temperature will believe them. This has already move on and figure out how we are around the Earth every minute, every happened for an overwhelming major- going to attack the challenge of cli- day. ity of climate scientists who have con- mate change. So this was the ‘‘trick’’—a technique cluded, again, that global warming is Mr. WHITEHOUSE. The challenge of to use the most accurate data available happening and that it is caused by climate change being extremely real, of global temperatures from things, mankind. But there are a small number one of the things that is so frustrating again, called thermometers, and one of them who still have questions. about this campaign of phony, manu- that excluded data widely known to On the other hand, a climate denier factured doubt is that in real life we the scientific community to be inac- is someone who would not be convinced are seeing the predictions of climate curate. That is what the ‘‘trick’’ was. no matter how overwhelming the evi- science come true around us. That is all. That is what Phil Jones re- dence. And, as I pointed out, a lot of Climate scientists predicted the at- ferred to in his e-mail. Ironically, he these deniers are being paid by pol- mosphere would warm, and the atmos- was trying to be precise. luters to say what they want. phere is warming. Climate scientists

VerDate Mar 15 2010 03:42 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.072 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8592 CONGRESSIONAL RECORD — SENATE December 14, 2011 predicted the ocean would absorb heat, world, provide further indications of advanc- Committee on the Forest Service’s and sure enough, the ocean has ab- ing climate change. management of the intense forest fires sorbed heat and ocean waters are Throughout the corporate world we we had out West this year. In that warming. Climate scientists predicted are seeing this. Here is a list of compa- hearing, Forest Service Chief Tom Tid- the ocean would absorb CO2 and that nies that have gone public with the well told me he is seeing longer forest would then lower the pH level of our need for us to do something about cli- fire seasons out West—more than 30 ocean waters. The ocean is now more mate change: American Electric, Bank days longer than what we used to have acidic than it has been in 2 million of America, Chrysler, Cysco, DuPont, even a decade ago. Forest Service cli- years, threatening coral reefs, shell- Duke Energy, eBay, Toyota, mate experts—and these are sci- fish, and the tiny creatures, such as Timberland, Starbucks, Google, GM, entists—have said that a major con- plankton, that make up the base of the General Electric, Ford, Siemens, tributing factor to these longer fire entire oceanic food chain. PepsiCo, Nike, Nishiland, and John seasons and more intense fires is cli- Climate scientists predicted glaciers Deere. I am picking these at random, mate change. and Arctic sea ice would melt and, sure but these are not fringe organizations. The cost of these fires, passed on to enough, we are seeing record melting. These are the core of the American all levels of government and to society We just saw that notorious leftwing business community, and they recog- as a whole, is huge. It is something publication, USA Today, report: nize what is going on. that Members on both sides of the aisle Federal Report Arctic Much Worse Since I want to single out one company, recognize and are concerned about. 2006. Federal officials say the Arctic region which is Coca-Cola. I was going to Several of my Republican colleagues in has changed dramatically in the past 5 years bring to the floor the new can of Coca- that hearing expressed their concerns for the worse. It is melting at a near record Cola as an exhibit to demonstrate this about the cost. pace and it is darkening and absorbing too They referred to a report from the much of the sun’s heat. major international corporation—this huge American success story based in Western Forestry Leadership Coalition, Climate scientists predicted eco- Atlanta—has taken probably the most which estimates that the combined di- system shifts, and we are seeing eco- iconic product in America—the Coke rect and indirect costs of forest fires system shifts, such as the million-plus- can—and has redesigned it to reflect can be as much as 30 times the cost of acre forests in the American West— what the climate change is doing in the fire suppression alone. We need to fac- dead to the bark beetle, gone from Arctic and to polar bears. Unfortu- tor in the cost of forest rehabilitation, being green and healthy forests to just nately, my Coke can was confiscated the loss of tax revenues for local gov- mile after mile of brown and dead by the cloakroom staff because I am ernments, loss of businesses that de- trees. not allowed to bring exhibits to the pend on forest resources from property Mr. FRANKEN. Explain why the bark floor unless they are this. I should have losses, not to mention the immeas- beetle is doing this. What is happening snuck it out here, but that is why I urable cost of lives which are lost due and how does that relates to climate don’t have it. to the fires. change? I wish to underscore for Members of Mr. WHITEHOUSE. The bark beetle Coca-Cola is a serious American busi- this body that when we have discus- relates to climate change because what ness, and here is what they say: sions about important issues such as was keeping those trees free from the The consensus on climate science is in- cost of wildfire response, we are talk- bark beetle was cold winters that creasingly unequivocal—global climate change is happening and man-made green- ing about the cost of responding to cli- killed off the bark beetle larvae. As house gas emissions are a crucial factor. The mate change. If forestry specialists at temperatures have warmed, the larvae implications of climate change for our plan- the U.S. Forest Service tell us these lived through the winters, and they at- et are profound and wide-ranging, with ex- fires are getting worse due to climate tacked the trees. So trees that were pected impacts on biodiversity, water re- change, we should be listening to them. sources, public health, and agriculture. protected by cold winters are no longer Mr. WHITEHOUSE. If the Senator protected, and there are literally mil- So we put against that the core busi- doesn’t mind, if I change elements from lions of acres of forest lost in the West. ness community—iconic companies fire to water since I represent an ocean On a smaller scale, but more impor- such as Coca-Cola, putting their very State, another place where climate tant to me in my home State of Rhode label behind the need to address cli- change is creating dangerous con- Island, the preeminent fish that was mate change—and the phony-baloney- sequences is in our oceans. Let me cite taken out of Narragansett Bay was paid-for scientists who are creating a few reports that have come out re- called the winter flounder. My wife this doubt, and it is time to close this cently. wrote her Ph.D. thesis about the winter episode. Climate Change & European Marine flounder. It was a very significant cash Mr. FRANKEN. I am glad the Sen- Ecosystem Research says: crop for our fishermen and is now vir- ator brings up the phony-baloney tually gone because the mean water Close to one-third of the carbon dioxide doubt, especially with this extreme produced by humans from burning fossil temperature of Narragansett Bay is up weather we have been experiencing. fuels and other sources has been absorbed by nearly 4 degrees. Some of my colleagues on the other the oceans since the beginning of industrial- Scientists also predicted we would be side have pointed to the extreme snow- ization, and that has buffered the cause and loading the dice for extreme weather storms—at least one of my colleagues effects of climate change. with climate change, and we are seeing has—in the Northeast over the last sev- A resulting lowered pH— an unusual amount of extreme weath- eral winters as evidence that global When carbon goes into the ocean, it er. The number of billion-dollar disas- warming is a hoax. Again, this is com- acidifies it. It lowers the pH. ters has hit a record. A recent press pletely misleading. Intensifying bliz- A resulting lowered pH and saturation clip noted: zards aren’t due to the Earth getting states of the carbonate minerals that form With an almost biblical onslaught of twist- cooler, they are due to increased mois- the shells and body structures of many ma- rine organisms makes these groups espe- ers, floods, snow, drought, heat, and wildfire, ture content in the air. Warmer air the U.S., in 2011, has seen more weather ca- cially vulnerable. The growth of individual tastrophes that caused at least $1 billion in holds more moisture. coral skeletons and the ability of reefs to re- damage than it did in all of the 1980s, even Now, basically, it doesn’t have to be main structurally viable are likely to be se- after the dollar figures from back then are that cold for it to snow. It just has to verely affected. Continuing acidification adjusted for inflation. be 32 degrees or below. What is snow? It may also affect the ability of the oceans to Serious, grown-up corporate entities, is frozen water. So it is about water. take up CO2. like the biggest insurance companies The atmosphere is now holding more So they will not be absorbing the in the world, are noticing this and are water because it is warmer. Warmer air one-third that they have absorbed any concerned. Munich Reinsurance has holds more water than colder air. The longer. It will stay in the atmosphere written the following: main point is that these increased nat- and atmospheric concentrations will The high number of weather-related nat- ural disasters have real costs. increase even faster. ural catastrophes and record temperatures, A few months ago we had a hearing The Annual Review of Marine both globally and in different regions of the in the Energy and Natural Resources Science reports that:

VerDate Mar 15 2010 03:42 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.073 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8593 Growing human pressures, including cli- ease, increased potential for conflict, because Germany, China, Denmark, mate change, are having profound and di- ground subsidence—the Earth low- and countries all over the world are verse consequences for marine ecosystems. ering—flooding, coastal erosion, ex- winning this race. These effects are globally pervasive and irre- treme weather events, increases in the versible on ecological time scales. Direct One of the great parts about this job consequences include increasing ocean tem- severity of storms in the Gulf of Mex- is spending half the time here and half perature and acidity, rising sea level, in- ico, disruptions in U.S. and Arctic in- the time home in Minnesota. Min- creased ocean stratification, decreased sea frastructure, and increases in immigra- nesota is a national leader in clean en- ice, and altered patterns of ocean circula- tion from resource-scarce regions of ergy. tion, precipitation, and fresh water. the world. In 2007, Minnesota passed the highest The context for this is a pretty as- There are probably climate deniers renewable energy standard in the coun- tounding one; that is, when we look who say: That is all part of the con- try at the time, and all our utilities back through history, we don’t look at spiracy. The Defense Department is in are on track to meet the goal of 25 per- changes in terms of decades or even on it. All those companies are in on it. cent renewable by 2025. generations. We look at changes in The intelligence community is in on it. terms of millions of years. But if there is a hoax, what is more Our largest utility, Xcel Energy, is There is a special issue of Oceanog- mainstream than National Geographic? on its way to 30 percent by 2020. We raphy with a feature on ocean acidifi- Is National Geographic in on it too? have universities such as the Univer- cation, and it is called ‘‘Ocean Acidifi- They would have to be because they did sity of Minnesota Morris which is push- cation in Deep Time.’’ a special report a few years ago on cli- ing the frontiers of innovation in We have now an atmosphere that already mate change and they showed a polar greening its campus through a biomass contains more carbon dioxide than at any bear stranded on the melting ice. Here gasification system which provides time in the last 800,000 years of earth history is what they said: heating and cooling and electricity, and probably more than has occurred in sev- It’s here. Melting glaciers, heat waves, ris- wind turbines that produce power, and eral tens of millions of years. ing seas, trees flowering earlier, lakes freez- LEED-certified buildings. Our farmers We have had agriculture as humans ing later, migratory birds delaying their have led the country in biofuels, and for about 10,000 years, to give you an flight south. The unmistakable signs of cli- our universities are leading R&D ef- idea of what 800,000 years or several mate change are everywhere. forts for the transitions to cellulosic tens of millions of years means. The re- How do we know this? We know this and other advanced biofuels. port goes on: because of the science. What do they By the way, the first commercial cel- There are no precedents in recent earth say about the science? lulosic plant that is scaled up to com- history for what will be the immediate and How do we know our climate is changing? mercial levels is being built right now. direct consequences of the release of CO2 into Historical records, decades of careful obser- St. Paul has the largest district energy the atmosphere and its concurrent dissolu- vations and precise measurements— system in North America. It is heating tion in the ocean’s waters. As the Senator said, with things such and cooling all of downtown St. Paul as thermometers— But we are playing with very dan- with woody biomass. SAGE gerous effects when we ignore climate around the globe along with basic scientific Electrochromics is a manufacturing principles. change at the behest of a tiny minority plant in Minnesota that has cutting- of scientists and their polluter indus- If you think National Geographic is edge window glass technology that uses try funders behind them. in on it and you can’t have faith in the a little photovoltaic cell to control and Mr. FRANKEN. There are folks who Defense establishment and you can’t turn these—these windows turn com- get the cost of inaction, and that in- have faith in the corporate establish- pletely opaque and block out all UV cludes the Department of Defense. ment and you can’t have faith even in during the summer. During the winter, In its 2010 Quadrennial Defense Re- National Geographic, perhaps you can they are these beautiful, huge windows view—or QDR—the DOD identified cli- have faith in the Pope, who said re- that let in all the light. It isn’t like a mate and energy as among the major cently: Polaroid. It is an incredible tech- national security challenges that I hope that all members of the inter- nology. America faces now and in the future. national community can agree on a respon- To give you a perspective on the sig- sible, credible, and supportive response to The University of Minnesota has just nificance of this, ‘‘Crafting a Strategic this worrisome and complex phenomenon, received two grants from the Advanced Approach to Climate and Energy’’ was keeping in mind the needs of the poorest Research Projects Agency at the De- alongside other priorities laid out in populations and of future generations. partment of Energy, ARPA-E, that was the QDR with titles like, ‘‘Succeed in The press release from Catholic News patterned after DARPA, the Defense Counterinsurgency, Stability and Service then quotes one of his bishops, Advanced Research Projects Agency Counterterrorism Operations,’’ and Cardinal Rodriguez, who says: that created the Internet. Across the ‘‘Prevent Proliferation of Weapons of Our climate is changing. Urgent action is State, businesses and cities are work- Mass Destruction.’’ necessary. ing together to make our buildings This is serious stuff. It matters for He called on our political leaders more energy efficient, using Min- DOD because climate change is pre- around the world ‘‘to curb the threat of nesota-made technologies such as dicted to increase food and water scar- climate change and set the world on a Marvin and Anderson windows. Min- city, increase the spread of disease, and path to a more just and sustainable fu- nesota, by the way, is the Silicon Val- spur mass migration and environ- ture.’’ ley of windows. We have 3M window mental refugees due to more intense Mr. FRANKEN. OK. Well, the Pope— films or McQuay heating and air-condi- storms, floods, and droughts. I mean, didn’t the Catholic Church go tioning systems. Mr. WHITEHOUSE. We had similar after Galileo? Just last month, I partnered with our testimony in the Senate Intelligence Look, between the science supporting cities and counties to launch the Back Committee. The witness who testified climate change and the reality of the to Work Minnesota Initiative, aiming before us released his testimony before dangers that climate change brings, we to break down barriers in financing the House Intelligence Committee and have to ramp up our efforts to master retrofits, retrofitting public and com- very much the same conclusion: this challenge, and that means wise in- mercial buildings across Minnesota. We judge that global climate change will vestments in clean energy R&D and de- What is great about that, this pays for have wide-ranging implications for U.S. na- ployment. They are just a good place itself. You finance this and you retrofit tional security interests over the next 20 to start. Plus, these investments en- a building; it puts people in the build- years. courage the growth of domestic clean ing trades to work who are in a depres- The factors that would affect U.S. energy—a domestic clean energy econ- sion, and it puts manufacturers that national security interests as a result omy which would create jobs—and has build energy-efficient materials and of climate change would include food created jobs—grow our manufacturing equipment, geothermal furnace sys- and water shortages, increased health base, and keep us competitive in global tems and furnaces, heat exchange fur- problems, including the spread of dis- energy markets. That is so important naces, pumps, and you save energy.

VerDate Mar 15 2010 03:42 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.075 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8594 CONGRESSIONAL RECORD — SENATE December 14, 2011 The energy efficiency pays for the ret- leadership. Algal—by the way, algal is Delaware is the only State that rofit in 4 or 5 years and you can cap- the pronunciation of this. Algal energy doesn’t have a national park. What italize this and we are finding innova- is amazing. We are fueling jet fighters they did is they created, on a sheet of tive ways to do that. It pays for itself with jet fuel made from algae. paper like this—only it was a firm and you lower our carbon footprint. Both the President and Energy Sec- sheet of paper, not a regular sheet of You use less energy, create jobs, save retary Chu have said we are in Amer- paper, but they literally—this was the money. It is win-win-win-win. This is ica’s Sputnik moment. They are abso- State of Delaware and they created a something we have to do. It is insane lutely right. Fifty years ago we were in national park so we have a pop-up na- not to. a global space race. Today we are in a tional park with a bus going around Mr. WHITEHOUSE. We are proud of global clean energy race. Whichever and our pictures riding along in the what is going on in Rhode Island as country takes the most action today to bus. I don’t care what else I get for well. We plan to meet 16 percent of our develop and make clean energy tech- Christmas, that is going to be the best energy needs through renewable energy nologies will dominate the global econ- Christmas present for this year. I don’t sources by 2020, and that is on top of a omy in this century. see how anybody tops that. goal to cut energy use by 10 percent. So That means supporting financing for But that provides not only some ci- we will cut energy use by 10 percent clean energy and energy efficiency vility but also some levity in a place and, of the remaining 90, get 16 percent projects. It means tax credits for clean that could use both, so I thank the of that out of renewable energy energy manufacturing, providing in- Senator for all his contributions, but sources. Everybody is getting in- centives for retrofitting residential and especially that one. volved—utilities, towns, the State, the public and commercial buildings. It On something more serious. What I private sector. One of our cities, East means supporting basic research and want to do is talk about the regulation Providence, is right now converting a keeping alive initiatives that support EPA has been working on for a while. brownfield which has been vacant for 40 clean energy technology innovation. It is called the boiler MACT. The idea years, nearly, into New England’s larg- These need to be our priorities as we is maximum achievable technology est solar institution. As my colleague make energy policy and budget deci- here. If you go back in time, go back to says, there will be a payback and they sions. about 1990—in 1970, in this country, will earn money on that for their tax- We can pay for these investments by Congress passed and the President payers. cutting expensive, outdated subsidies signed—Richard Nixon actually Our State of Rhode Island has been for oil companies that are making signed—the Clean Air Act of 1970, a Re- the national leader at how you map record profits. There is a lot more to be publican President who had a Repub- and prepare for offshore wind develop- done if we are going to win this global lican head of EPA. That was able to be ment. In the State and Federal waters clean energy race, but it is not going to implemented at the time we had the off the coast of Rhode Island we are po- be easy. It means unifying as a country Cuyahoga River up in Cleveland, OH, sitioned to lead the country in offshore and starting to do things differently that actually was on fire. There were wind siting, with all the jobs that than we have been doing them. lots of terrible things happening in our building those giant wind turbines and Albert Einstein said: environment in this country. assembling them and erecting them Better things started to happen, not offshore creates. We can’t solve problems by using the same kind of thinking we used when we created just cleaner water, wastewater treat- We have exciting companies such as them. ment, and cleaner air, but it led in 1990 BioProcess Algae, of Portsmouth, RI, to the passage of the Clean Air Act which opened a spectacular facility in I am convinced we can win this race. Amendments of 1990. One of the re- Iowa, which takes the exhaust from No other country is better positioned. quirements of the Clean Air Act ethanol plants and runs it through But first people need to understand the Amendments of 1990 was in that legis- algae farms and creates biofuels. They stakes. Climate change is real, and lation the Congress directed EPA to fi- are at the cutting edge of that tech- failure to address it is bad for our nalize regulations to reduce what are nology. standing in the global economy, bad for When you see these great tech- the Federal budget, and bad for our na- called air toxics from boilers by the nologies and these great opportuni- tional security. We can do better than year 2000. So the Clean Air Act was ties—in this colloquy, we are ending on that for our children and our grand- adopted in 1970. In 1990, 20 years later, what I hope is a very strong, positive children and posterity. the Clean Air Act Amendments were note for the economy. If we can pull Mr. President, I thank Senator adopted, and in the Clean Air Act away from the lies and the phony WHITEHOUSE and I yield the floor. Amendments of 1990 Congress said: science and the polluter-paid nonsense I suggest the absence of a quorum. EPA, we want you to finalize regula- that has so far distracted us from doing Mr. CARPER. Will the Senator with- tions to reduce air toxics from boilers our duty as a nation, we can get into hold? by the year 2000, 10 years. the race that is going on in this world Mr. FRANKEN. I take that back. The year 2000 came and went without for the energy future. The economy of The PRESIDING OFFICER. The Sen- any action. The Bush administration, this century is going to be driven by ator from Delaware. George W. Bush administration, final- the $6 trillion clean energy industry. f ized a rule. I think it was in the year 2004. But they excluded many indus- We do not want to fall out the back of BOILER MACT that race and leave it to the Chinese trial boilers from having to comply. As and the Europeans. We want to be win- Mr. CARPER. Mr. President, there is it turned out, there are a lot of boilers ning that race and the jobs and the not the absence of a quorum, but I ap- in this country. I was stunned to find economic success that can bring that preciate my colleague mentioning out there are about a half million boil- not only can power our homes and our that. I said to him earlier today, ers in this country. A lot of them are factories, it can power our economy maybe yesterday, Senator FRANKEN is fairly small—schools or churches or back to security for all Americans. a joy to have around here. Some of us smaller buildings, hospitals. But a I thank Senator FRANKEN for inviting know he brings a real special touch for bunch of them are pretty good size. me to join him in this colloquy. I think trying to infuse some civility into this In any event, the Bush administra- our time is coming close to expiring, so place again. He came up a year or two tion in the year 2004 came up with a I yield the remainder of our time to ago with the idea of a secret Santa ex- rule, proposed a rule, but they excluded you, and I ask unanimous consent Sen- change. We actually did it this year. I many industrial boilers from having to ator FRANKEN be allowed as much time was not going to mention it tonight. comply. In fact, the rule may not have as he needs to conclude. This has been My secret Santa turned out to be the been just proposed, it might actually a wonderful opportunity for me. Senator from Alaska, Senator MUR- have been finalized. The PRESIDING OFFICER. Without KOWSKI, the colleague of the Presiding But, as a result, the regulation was objection, it is so ordered. Officer. She gave me a most wonderful vacated in 2007, 3 years later, by the Mr. FRANKEN. Mr. President, I handmade gift that she and her staff Circuit Court of Appeals right here in thank Senator WHITEHOUSE for his created. the District of Columbia. So, 2004, EPA

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.076 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8595 finally gets around to finalizing the United States, less than 1 percent State. That is a lot of people. At the rule that they were called to do some would be affected—less than 1 percent end of the day, even if these rules are 14 years earlier by the Congress. And 3 would be affected by these emission fully implemented, we are not going to years later the DC Circuit Court of Ap- limits. save all of those 8,000 people, but a lot peals knocks it down and vacates that I have a chart to show what it looks of those lives will be saved in the com- ruling on boilers. like. This is a good way to actually ing years, and we need to do that. It was not until June of 2010—and think of this. We need to let this process go for- that is a full 10 years after the congres- The pie represents the 1.5 million ward and do our dead level best—the sional deadline for action—it was not boilers in the United States. Some are EPA has tried to be responsive to con- until 2010 that the EPA issued a pro- very small, and some are large indus- cerns that have been raised—to provide posal for boiler air toxic rules that ad- trial boilers. Less than 1 percent need for a cleaner environment and not to dressed all the major emitters. the technology to meet the emission dampen our economic recovery. As with most air pollution regulation limits prescribed by EPA. That is the The last word I would add is that I these days, EPA was under court order red tiny slice here. About another 13 think the idea that we have to choose to finalize the rule by a set date. The percent of the 1.5 million boilers in the one over the other is a false choice. We court had said to EPA: We want you to United States would need to follow don’t have to do that. We can have a finalize the rule by a set date. That best practice standards in ensuring cleaner environment and we can have date was the beginning of this year, that the emissions from those boilers jobs. If you look at the growth of our January of 2011. are in order. And the rest—1.3 million Nation’s economy since 1970, when the During the public comment period, boilers or a vast majority of boilers, a Clean Air Act was adopted, or 1990 the EPA received thousands of com- little over 85 percent—are not affected when the Clean Air Act amendments ments and new information from, by the rules. were adopted, we have seen dramatic among others, industry. In fact, they Not everybody likes the fact that less growth in our budget. We have seen received so much in the way of com- than 1 percent of the boilers are af- growth in our economy, and we have ments and new information, in Decem- fected by these rules, and some of our seen the quality of air become a lot ber of 2010—that was a month before friends in the environmental commu- cleaner over that period of time. So the date set under the court order to fi- nity understand that we have been one does not preclude the other. nalize the rule—a month before that very unhappy with how slowly this While some serious concerns have date was to occur, EPA asked the whole thing has proceeded. been raised about the earlier proposals courts, a month before the January The last thing I want to mention by the EPA, a lot of those concerns 2011 deadline, to extend the deadline here—maybe two more things—in have been addressed. I think we need to for promulgating the final air toxic terms of moving from this point for- get on with it. standards to April of next year, to ward, how long would these less than 1 With that, Mr. President, I think we April of 2012. percent have to comply with the regs are going to wrap it up here around The courts said: No, don’t think so. that have finally been promulgated? I 7:30, which is in another 10 minutes or They said: EPA, you have had enough am told the sources would have up to 4 so. I am looking around, and I don’t see time to finish. They allowed EPA only years to comply. The EPA is still tak- anybody else waiting to speak, so I will until January 21 of this year to go ing public comment and hopes to final- note the absence of a quorum and bid ahead and actually promulgate these ize this regulation by late spring. you good night. regulations. The bottom line is that we have de- I yield the floor. Even though EPA didn’t have a lot of layed long enough. Only 1 percent of The PRESIDING OFFICER. The time to process the comments, EPA our largest sources will need to clean clerk will call the roll. was able to finalize a rule in February up. The EPA has certainly tried to ad- The assistant legislative clerk pro- of this year that yielded the same ben- dress many problems—maybe not all ceeded to call the roll. efits—I think this is pretty inter- the problems but most problems—and Mr. CARPER. Mr. President, I ask esting—a rule that realized the same they are still taking public comments. unanimous consent that the order for benefits in terms of reducing toxic I am not sure we need to delay this the quorum call be rescinded. emissions, mercury and arsenic, lead, boiler MACT any further. The PRESIDING OFFICER. Without that kind of thing—the same level of There are a lot of people who sneeze objection, it is so ordered. during the course of their lives, as I reductions in those emissions as in the f June 2010 proposal that they made, but have just done here on the floor. That they cut in half the cost of compliance. was just a coincidence, but a lot of peo- EXTENSION OF MORNING That is pretty impressive, isn’t it? ple in this country suffer because of BUSINESS They cut in half the cost of compli- the quality of our air. We have made Mr. CARPER. Mr. President, I ask ance, got the same amount of reduc- great improvements in cleaning up the unanimous consent that the period for tions in emissions of these air toxic quality of our air. We still have too morning business be extended until 8:30 substances for half the cost. However, many people who suffer from asthma p.m., with Senators permitted to speak EPA did not stop there. Wanting to ad- and other respiratory diseases. The for up to 10 minutes each. dress industry’s concerns, the EPA kinds of problems and emissions we are The PRESIDING OFFICER. Without opened public comment yet again to talking about here deal less with asth- objection, it is so ordered. consider a reproposal of their regula- ma and respiratory diseases; we are f tions. talking about substances that can kill I know some people think EPA has people. In the case of the substances we TRIBUTE TO LIEUTENANT been guilty of a rush to judgment in are talking about here, they have the GENERAL PATRICIA D. HOROHO this regard. I think if you go through ability to kill more than 8,000 people a Mr. INOUYE. Mr. President, today I the chronology objectively, this is not year. rise to congratulate LTG Patricia D. a rush to judgment. I hope, if nothing We don’t have many large towns in Horoho on becoming the U.S. Army’s else, to convey tonight that the EPA Delaware. In Wilmington, we have 43rd Surgeon General. This is a mo- has moved deliberately, some say way about 75,000 people. In Dover—the cen- mentous time for military medicine, too slowly, in order to address this. tral part of our State—we have about with two historic firsts for the U.S. There are others who think way too 30,000 people. And if you take 8,000 peo- Army and for the Department of De- fast, still too fast. ple, that is about as many people as fense. On December 5, 2011, General Anyway, last month the EPA pro- live in any of the—well, Newark, where Horoho became the first woman and posed the boiler MACT regulation to we have the University of Delaware, the first nurse to assume command of try to address stakeholder concerns has about 30,000 people. But other than the U.S. Army’s Medical Command. and I think they have done a workman- that, we don’t have a lot of large Then, just 2 days later, she became the like job, a good job. In this new pro- towns. For us, 8,000 people could be the Army’s 43rd Army Surgeon General, posal, of the 11⁄2 million boilers in the fourth or fifth largest town in my making history again by becoming the

VerDate Mar 15 2010 03:42 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.078 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8596 CONGRESSIONAL RECORD — SENATE December 14, 2011 first woman and the first nurse in the years, our guardsmen have served with who are prepared to support and defend Department of Defense to be sworn in courage and honor in Iraq and Afghani- this great Nation in its times of need. as Surgeon General. stan, right alongside our Active-Duty f Lieutenant General Horoho earned Forces. They are fighting on many KEYSTONE XL PIPELINE her bachelor of science degree from the fronts overseas and fulfilling many dif- University of North Carolina at Chapel ferent missions. Mr. LEAHY. Mr. President, the Hill in 1982. She received her master of Sometimes they are coming home House Republicans have sent us a pay- science degree as a clinical trauma with devastating injuries. When they roll tax bill that is more of a political nurse specialist from the University of return, these citizen soldiers and air- campaign commercial than a piece of Pittsburgh. Her military education in- men face the challenges of recovery, serious legislation. Extending this tax cludes graduating from the Army’s readjustment, and finding jobs. The un- break for ordinary Americans evi- Command and General Staff College employment rate of today’s National dently has been a tough sell in the and the Industrial College of the Guard remains well above the national other body, unlike the eagerness found Armed Forces, where she earned a sec- average. To ensure that we honor the there for even more tax relief for the ond master of science degree in na- service of these guardsmen and vet- very wealthy. Among the many unre- tional resource strategy. erans, I introduced the Hire A Hero Act lated, controversial provisions they Lieutenant General Horoho has which gives a tax credit to small busi- have attached as sweeteners is one that earned numerous civilian and military nesses that hire veterans and members would force the President to approve awards and recognitions throughout of the National Guard and Reserves, the Keystone XL tar sands oil pipeline. her distinguished career. Her civilian and I am pleased to say that the legis- Proponents of this tar sands project accolades include recognition in 1993 as lation has become law. provision argue that it belongs on this one of the top 100 nurses in the State of I have also pushed to ensure that all bill because building the pipeline would North Carolina. She was selected as the our National Guardsmen receive fair create jobs. USO’s Woman of the Year in 2009. Most housing allowances. I introduced an Any construction project creates jobs. We could create thousands of jobs recently, the University of North Caro- amendment included in this year’s Na- by investing in clean solar and wind lina School of Nursing selected her as tional Defense Authorization Act that energy, as the Chinese have done. And the Alumna of the Year on November makes certain every guardsman who people can disagree about building the 30, 2011. gets deployed will receive the housing Keystone Pipeline, but there is a lot Some of Lieutenant General Horoho’s allowance they need and deserve. When more to it than the short-term jobs it previous military assignments include a guardsman is ordered to Active Duty would create, and trying to jam it Deputy Surgeon General; Chief of the for a contingency operation, the hous- through Congress on this bill in the Army Nurse Corps; Commander of the ing allowance for that guardsman cur- waning hours of the session is little Western Regional Medical Command in rently reverts back to his or her home- more than a political stunt. of-record status rather than the cur- Fort Lewis, WA; Commander of the It was about 15 months ago that I rent housing allowance of his or her Madigan Army Medical Center in Ta- first learned about the plan to build a coma, WA; Commander of the Walter present duty station, despite any sig- pipeline to transport crude oil from tar Reed Health Care System in Wash- nificant loss of income. Basically, sand strip mines in Alberta across the ington, DC.; and Commander of the guardsmen are being punished finan- U.S.-Canada border and down through DeWitt Health Care Network in Fort cially for being deployed to a war zone. the Midwestern United States to refin- Belvoir, VA. My amendment to this year’s National eries and ports in Texas. Lieutenant General Horoho brings Defense Authorization Act will rectify Tar sands are a particularly dirty extensive leadership, education, and this inequity. source of petroleum, from extraction to experience to her new position as the Also included in this year’s National refinement. As I looked into this issue 43rd Army Surgeon General. I applaud Defense Authorization Act is a monu- I saw some of the photographs of the the many accomplishments which have mental provision recognizing the sig- boreal forest area where it is extracted, brought her to the highest level of nificance of today’s National Guard. As and I was shocked. Anyone who is in- rank and responsibility in military a 32-year member of the Massachusetts terested in this issue, whether or not medicine, and I wish her success as she National Guard and a member of the you think building the pipeline is a begins her new position. Senate Armed Services and Veterans’ good idea, should look at the photo- f Affairs Committees, I am proud to have graphs. They depict an extraordinarily cosponsored the amendment to make beautiful landscape that has been rav- RECOGNIZING THE NATIONAL the Chief of the National Guard Bureau GUARD aged by heavy machinery, vast ponds a full member of the Joint Chiefs of filled with polluted water and sludge, Mr. BROWN of Massachusetts. Mr. Staff. It is a long overdue measure that and a scared wasteland where forests President, today I would like to con- gives the National Guard the recogni- used to be. It is one of the more graph- gratulate the National Guard on 375 tion and respect that it deserves. I am ic examples of how our collective, insa- years of service. proud to have supported it, and I look tiable thirst for oil has pillaged the It was on December 13, 1636, in Mas- forward to its final passage. fragile environment of this planet. Our sachusetts that our Nation’s military Today our National Guardsmen con- demand for fossil fuels will continue to heritage was born. It was the members tinue the tradition of service begun by grow exponentially unless we come up of the Massachusetts Bay Colony who the militia of 1636, and I want to pay with a comprehensive, national energy stood together and founded an organi- special recognition to the guardsmen of plan and have the will to implement it. zation to protect and defend the peo- the 26th Yankee Brigade serving over- We all know that the extraction of ples of the Bay Colony. They provided seas and to their families for their oil, minerals, timber, and other natural watch to ensure the security of their service and sacrifice. Massachusetts’s resources often harms the environ- fellow settlers in Massachusetts, and own 26th Yankee Brigade is currently ment. But there are degrees of harm. they drilled to ensure they were pre- serving in Afghanistan. When asked, Removing the tops of mountains and pared to fight if called upon. they answered the call to duty. This dumping the refuse in rivers and ra- From these grassroots origins comes summer while I was in Afghanistan, I vines or extracting heavy oil from tar today’s National Guard: the most pre- was fortunate enough to see firsthand sands are among the most energy in- pared, best equipped, and most mobile the selflessness, courage, and profes- tensive and destructive. National Guard our Nation—or any na- sionalism of ‘‘The Nation’s First.’’ Under the law, the State Department tion—has ever had. Like the guards- They are a credit to the State of Mas- has the responsibility to approve or men of the first days of this Nation, to- sachusetts, the National Guard, and to disapprove the pipeline because it day’s guardsmen continue to answer this Nation. crosses an international boundary. the call to duty. They serve as leaders Congratulations to the National More than a year ago, I and 10 other in our homeland defense response and Guard for its 375 years of service to Senators sent a letter to the State De- disaster relief, and over the past 10 this Nation and to all the guardsmen partment raising concerns about the

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.008 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8597 proposed pipeline and the impact of tar to invest in renewables and energy effi- rejected, which our Republican friends sands oil on global warming and asking ciency. have echoed, trying to turn this into a a number of questions about the De- Every President since the 1970s has campaign issue. But most of these are partment’s decisionmaking process. spoken of the need to reduce our de- construction jobs that will disappear Eight months later we received a re- pendence on fossil fuels and particu- once the pipeline is built. And the sponse, which answered some of our larly foreign oil. But despite all the choice is not between jobs or no jobs. questions and raised others. speeches, year after year we are more They do not mention the tens or hun- I and other Senators sent two addi- dependent on these finite, polluting dreds of thousands of American jobs tional letters to the Department about sources of energy than ever before. that could be created by investing in the pipeline, most recently about re- Today, energy companies are spend- other cleaner, renewable sources of en- ports of a possible conflict of interest ing staggering amounts of money in ergy, which, unlike tar sands oil, will between the contractor that performed search of new sources of oil and gas in not be used up in a few short decades. the environmental review, Cardno/ some of the most inhospitable places Last month, in response to concerns Entrix, and the energy company, on Earth, where its extraction involves about the sensitive and crucial aquifer TransCanada. great risks to the people involved, the that the pipeline would traverse in the There have also been e-mails indi- environment, and endangered species. Midwest, the White House announced cating a less-than-arm’s-length rela- We even send our young service men that the State Department will con- tionship between a State Department and women halfway around the world sider alternative routes through Ne- official at the U.S. Embassy in Ottawa to fight wars, in part to ensure our con- braska and that this would delay a de- and a lobbyist for TransCanada. And a tinued access to a ready supply of oil. cision on the pipeline until 2013. This is month ago the State Department’s in- It has become a national security pri- positive, but it ignores the many other spector general announced the begin- ority. reasons to reject this project alto- ning of an investigation into whether We have lost valuable time, and there gether. conflicts of interest tainted the envi- are no quick fixes. No matter what we It is my hope that on further reflec- ronmental review process. do today, later this week, or later this tion, the President will treat the de- What began as basic questions and month, this country will be dependent bate over the Keystone XL Pipeline as fundamental concerns about the pipe- on fossil fuels for many years to come. an opportunity to draw a line between line has evolved into a significant con- But simply replacing Middle Eastern our past and future energy policies. troversy regarding the impact the pipe- oil with Canadian oil without creating Fossil fuels are finite, inefficient, line will have upon our Nation’s energy new, dependable sources of renewable and dirty. The cost we pay at the gas policy and continuing dependence on energy and improving efficiency in the pump bears no resemblance to the fossil fuels, the irreversible harm to energy we use does not alleviate the long-term environmental and health the environment and the acceleration national security and economic risks costs borne by society as a whole. of climate change, and the potential associated with a global oil market We cannot lessen our reliance on fos- for oilspills that could contaminate a that is vulnerable to manipulation and sil fuels by simply talking about it. We key aquifer underlying an area of crit- disruption. cannot do it by putting our goals for a ical agricultural importance that hun- There is also much more we could do better future under the pillow and leav- dreds of thousands of midwesterners to make use of what we have by wast- ing any real action to future genera- depend on for irrigation and drinking ing less, improving end-use efficiency, tions. We cannot do it by hoping that a water. and increasing our use of renewable scientific genius will suddenly discover From the beginning, I have expressed sources of energy. While TransCanada an unlimited source of energy that misgivings about the State Depart- and its supporters extol the virtues of costs pennies and does not pollute, nor ment’s ability to conduct a thorough, the Keystone XL Pipeline, as the mi- should we do it by spending huge credible investigation of a project of nority leader and others have done, amounts of money, time, talent and this complexity that involves issues simply by reducing waste we could American ingenuity to search the far- about which it has limited expertise. eliminate entirely the need for the en- thest reaches of the globe for every last There are reports of inexperienced staff ergy produced from the oil that would drop of oil, regardless of how dangerous handling the lion’s share of the work, flow through the pipeline. or harmful to the environment. and it is not surprising that the Envi- I come from a State that shares a Will the Keystone XL tar sands oil ronmental Protection Agency and the border with Canada. My wife’s family pipeline have the cataclysmic con- Department of Energy have raised con- is Canadian. I have a great fondness for sequences that some of its opponents cerns and identified flaws in the State that ‘‘giant to the north.’’ But this predict? No one can say for sure. If Department’s analysis. issue is not about U.S. relations with anyone had asked officials at British It is my impression that the State Canada. We are inseparable neighbors, Petroleum on April 9, 2010, about the Department, from the outset, ap- friends, and allies. There are strong probability of a disaster like the one proached this with a sense of inevi- views about this pipeline, pro and con, that occurred the next day when the tability. What they did not anticipate in both countries. As Americans, we Deepwater Horizon exploded in the was the strong reaction of Members of have to do what is right for our coun- Gulf of Mexico, they likely would have Congress of both parties, including sev- try’s energy future, for the environ- dismissed it as farfetched. It turns out eral from Midwestern States that have ment, for our citizens. they were violating multiple safety been coping with multiple oilspills Some have argued that if this pipe- regulations. from the original Keystone Pipeline line is not built, TransCanada will sim- Are we going to change the pipeline’s that company officials have treated as ply build a pipeline to the coast of route to avoid the aquifer, only to con- inconsequential. They also did not an- British Columbia and export the oil to tinue to act as if global warming is ticipate the strong opposition from or- China. But there are significant obsta- nothing to worry about, that we can dinary Americans who pay close atten- cles and no indication that such an al- continue to burn more and more fossil tion to environmental and energy pol- ternative route is a viable option. Oth- fuels, emitting more and more carbon icy issues, for whom tar sands oil is ers maintain that the carbon emissions into the atmosphere, and destroying particularly repugnant. from extracting and refining this oil the landscape while we are at it? Concerns about the consequences of would not appreciably exceed those This pipeline would perpetuate a this project have united not only those from oil shipped by tanker from the costly dependence that has gone on for living along the proposed route but Middle East, but they do not address a century, for which we all share in the people across the Nation, including in the environmental harm and pollution blame. Keystone XL would once again Vermont, as well as in Canada, who caused by the strip mining and separa- do nothing to address the problems as- care about the environment, both in tion process. sociated with fossil fuels. It would vir- this country and in Canada, and who TransCanada has flooded the media tually assure more oilspills, it would understand the need to wean our Na- with dire warnings about the American do nothing to promote conservation tion from oil and other fossil fuels and jobs that will be lost if the pipeline is and reduce waste, and it would do

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.081 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8598 CONGRESSIONAL RECORD — SENATE December 14, 2011 nothing to spur investment in clean en- there for those who needed him with an years. It was a special program indeed, ergy alternatives. ear to listen, with help figuring out but the remarks all revolved around Most important, it would provide yet classes or locating a tutor, and always Colonel Voigt. I know he and his won- another excuse for once again punting believing in those who needed it most. derful family were most proud. the urgent, national security impera- To Mr. Chavez’s entire family, I can- Colonel Voigt represents the model tive of developing a sustainable energy not imagine the sorrow you must be for the type of person we should push policy for this country. That is what feeling. I hope that, in time, the pain of our youth to emulate. He is a man who the decision about the Keystone XL tar your loss will be eased by your pride in has proven time and time again that he sands oil pipeline has come to rep- Gil’s life and by your knowledge that is willing to serve his country, his com- resent regardless of what route it his community will never forget him. munity, and his fellow veterans who takes. His memory will live on in the team, have fought for the ideals and goals of f the school, the community, and all the United States of America. those he has touched along the way.∑ Mr. President, it is my honor to pay RECOGNIZING GOLDEN VALLEY, f tribute to this great man and by exten- MINNESOTA sion this wonderful annual Veterans Mr. FRANKEN. Mr. President, I want TRIBUTE TO COLONEL WILLIAM M. Day event.∑ VOIGT to take this opportunity to honor the f 125th Anniversary of the incorporation ∑ Mr. SESSIONS. Mr. President, today of Golden Valley, MN. As a child grow- I wish to praise an exceptional man, RECOGNIZING SOUTHCENTRAL ing up in St. Louis Park, I have many COL William M. Voigt. FOUNDATION fond memories of time spent in my Colonel Voigt has been one of the ∑ Mr. BEGICH. Mr. President, I wish to neighboring town to the north, Golden foremost civil and military leaders in recognize Southcentral Foundation, an Valley. As next-door neighbors, our cit- Birmingham and in my State of Ala- Alaska Native-owned, nonprofit health ies shared a commitment to civic en- bama for around a half century now. I care organization serving nearly 60,000 gagement, strong families, and a tight- was proud to join Colonel Voigt re- Alaska Native and American Indian knit community that worked for the cently in Birmingham when he accept- people. Southcentral Foundation re- wellbeing of all its citizens. We can see ed his well-deserved award as the 2011 ceived the 2011 Malcolm Baldrige Na- the results of those values today. National Veteran of the Year. tional Quality Award, an award admin- On its 125th birthday, Golden Valley I have had the pleasure to know Bill istered by the Baldrige Performance has much to be proud of, a high quality personally for many years and to ob- Excellence Program to honor the coun- education system, high living stand- serve his devotion to his country. His try’s most innovative organizations. ards, and model businesses ranging patriotism is unsurpassed. The Baldrige Award is the only formal from Fortune 500 companies to family- Colonel Voigt served his country recognition of the performance excel- owned small businesses. Clearly, Gold- with 30 years in the Alabama Air Na- lence of both public and private U.S. en Valley is doing something right. tional Guard and another 5 years of organizations given by the President of As a representative of the great peo- service with the U.S. Air Force Re- the United States. Southcentral Foun- ple of Minnesota, I can see that it’s cit- serve. He has achieved not only a bach- dation is the Alaska’s first health care ies like Golden Valley make my State elor of science in business administra- organization to receive this award. the best place to live in the country. tion from Auburn University and a Southcentral Foundation was estab- My colleagues here might get tired of master’s in business administration lished in 1982 to improve the health and hearing how our State consistently from the University of Alabama in Bir- social conditions of Alaska Native and does things better, but I will never get mingham but has also graduated from American Indian people, enhance cul- tired of telling those stories. Congratu- the Air War College, the Industrial Col- ture, and empower individuals and fam- lations to the residents of Golden Val- lege of the Armed Forces, the Air Com- ilies to take charge of their lives. They ley. mand and Staff College, and the Squad- employ over 1,500 people, of which 53 f ron Officer School. percent are Alaska Natives or Amer- In addition to his own education, ican Indians. As mayor of Anchorage ADDITIONAL STATEMENTS COL Bill Voigt has given his time and and now as Senator, I watched the efforts to an impressive and exhaustive growth of this excellent nonprofit from list of nonprofits and service organiza- a small outpatient facility to a beau- REMEMBERING GIL CHAVEZ tions. On top of this, he has served for tiful, culturally designed campus en- ∑ Mr. BENNET. Mr. President, today I over 20 years as the president of the compassing many buildings to serve come before you with a heavy heart to National Veterans Day organization. their customer-owners. honor the life of Gil Chavez. Mr. Cha- Birmingham is the birthplace of Vet- Southcentral Foundation’s innova- vez died on November 30, 2011, of inju- erans Day. The very first Veterans Day tive Nuka system of care combines ries sustained in a car accident outside celebration was held in Birmingham by medical, dental, behavioral, and tradi- of West High School in Denver, CO. He this very organization in 1947. It was tional practices and creates relation- was 63 years old. only in 1954, 7 years later, that Con- ships that focus on supporting wellness Mr. Chavez was a true community gress agreed to the value of this won- instead of just treating illness. This leader in every sense of the word. After derful event and made Veterans Day system has received national and inter- graduating from Denver’s West High the national holiday it is today. national attention for its successes in School in 1967, Mr. Chavez spent the The Birmingham National Veterans health outcomes, operational effi- next 30 years of his life giving back to Day celebration is believed to be not ciencies, and customer and employee the school through teaching, coaching, only the oldest but also the largest in satisfaction. It is a truly exemplary and counseling. He was always there the country. The day includes a parade health care system that is one of the for his students, so much so that after and a large awards dinner. The entire best in the country. retiring, he came back to volunteer effort is a monumental planning exer- The award will be presented by Presi- coach for the wrestling team beside his cise. For 20 years Bill Voigt made it dent Barack Obama in April, 2012.∑ son, Gil Junior, the current head coach happen. f at West. Mr. Chavez’s family continues This year’s dinner was a very special his legacy of always striving for excel- one. The organization’s president, IN RECOGNITION OF MR. BILL lence in all that they endeavor. James A. Holt, Congressman Spencer VANDERWENDE AND MR. DAVE Gil Chavez was a committed educator Bachus, Congresswoman TERRI SE- BAKER and coach who was a role model to the WELL, and others took part in the ex- ∑ Mr. CARPER. Mr. President, today I students he worked with. He was a sin- cellent program. I was honored to be a wish to recognize Mr. William ‘‘Bill’’ cere motivator, and he backed up his part of the program also. The superb Vanderwende and Mr. David ‘‘Dave’’ words with promises that he kept to keynote speaker was RADM Tom Stef- Baker for their leadership, vision and his students. Mr. Chavez was always fens (retired), a U.S. Navy SEAL for 34 commitment to Delaware’s agriculture

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.081 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8599 community through their roles as nutrient management. Currently, the In addition to his role of Vice-Chair- Chairman and Vice-Chairman, respec- First State leads the nation in nutrient man of the Delaware Nutrient Manage- tively, of the Delaware Nutrient Man- management planning participation. ment Commission, Dave is Chairman of agement Commission. Both have dedi- Ninety-nine percent of all farmers who the Commission’s Planning and Per- cated their lives to Delaware and its are required to have a nutrient man- sonnel subcommittees. Moreover, farming communities, benefitting and agement plan do, indeed, have one. Dave’s agricultural acumen and out- protecting the farming industry and The Delaware Nutrient Management standing leadership in the field of agri- the thousands of farmers and citizens Commission’s strong working relation- culture has been recognized in Dela- who rely on our state’s priceless nat- ships with the Delaware Department of ware and well beyond our borders. Most ural resources. Agriculture, the Delaware Department recently, he received the 2010 Sec- As the Chairman and Vice-Chairman of Natural Resources and Environ- retary’s Award for Distinguished Serv- of the 19-member Delaware Nutrient mental Control, the U.S. Environ- ice to Agriculture given by the Dela- Management Commission since its in- mental Protection Agency, Delaware’s ware Department of Agriculture. Dur- ception in 1999, Bill and Dave have led Congressional delegation, and with ing my term as Governor, Dave was the the Commission through years of de- Delaware’s Governor and the State’s Chairman of the Nutrient Management velopment—made up of innovation, General Assembly has contributed to Advisory Committee, the organization labor and compromise—that resulted in the implementation of on-the-ground responsible for drafting Delaware’s Delaware’s premier Nutrient Manage- solutions for nutrient management ground breaking nutrient management ment Program—one that serves as a that encourage environmental steward- statute. He is also a past president of model for other States. Moreover, Bill ship and have positive benefits to agri- the Delaware Council of Farm Organi- and Dave helped guide Delaware culture and its farmers. zations. Nationally, he has served on through U.S. Environmental Protec- A native of Harrington, DE, Bill the American Egg Board and the Poul- tion Agency approval of the State’s Vanderwende is a man of family, faith try Advisory Committee for the Farm controlled animal feeding operation and farming and serves as a proud, life- Bureau, and regionally, he is a past regulations, helping to preserve our long member of Delaware’s farming chair of the Egg Clearinghouse and the State’s rich agricultural resources, tradition. For over 40 years, Bill and Northeast United Egg Producers. while protecting farmers and their Ellen—his wife of almost 60 years— Delaware is fortunate to have such livelihood for generations to come. along with their 4 children, 10 grand- an outstanding team led by Bill When I was Governor of the State of children and several employees, have Vanderwende and Dave Baker to carry Delaware, I worked closely with both run a dairy, grain and vegetable farm- on a legacy of farming values that Bill and Dave on the development of ing operation in Bridgeville with 700 shape, honor and preserve our State’s the Delaware Nutrient Management head of dairy and 3,000 crop acres. Bill treasured agricultural heritage. Bill Program and know well their passion has represented Delaware’s dairy in- and Dave’s leadership on the Nutrient and loyalty to doing what is right for dustry for decades. Management Commission reaches the First State’s agricultural commu- Bill’s leadership in the agricultural those not just in our agricultural com- nity, as well as for our environment community stretches beyond the Nu- munity, not just in our State, but the and our neighbors’ environments. trient Management Commission. Bill millions of Americans who are im- The Delaware Nutrient Management has been a distinguished member of the pacted by Delaware’s decisions on nu- Program was established in June 1999 Sussex County Conservation District trient management. The continued as a result of the Delaware Nutrient Board of Supervisors for 20 years, serv- leadership of these two men will keep Management Law. The mission of the ing as chairman since 1992. In addition, our farming industry prosperous, while Delaware Nutrient Management Pro- Bill served as a member of the Gov- protecting our natural resources for gram is to manage those activities in- ernor’s Advisory Council on Agri- generations to come. It is with a gen- volving the generation and application culture, a member of the Governor’s uine sense of honor and pride that I of nutrients in order to help maintain Advisory Council on Soil and Water, rise today to extend the heartfelt con- and improve the quality of Delaware’s and as Vice-Chairman of Delaware gratulations and thanks of our entire ground and surface waters and to help Aglands Preservation Foundation Congressional delegation to our friends meet or exceed federally mandated Board of Trustees. Bill and the and outstanding Delaware residents, water quality standards, in the interest Vanderwende family have also received Bill Vanderwende and Dave Baker.∑ of the overall public welfare. The re- numerous awards recognizing their f sponsibilities of the Delaware Nutrient positive impact and influence on Dela- Management Commission include: con- ware’s farming tradition, including RECOGNIZING ORONO MIDDLE sidering the establishment of critical Bill’s honor as the recipient of the 2009 SCHOOL areas for voluntary and regulatory pro- Secretary’s Award for Distinguished ∑ Ms. COLLINS. Mr. President, today, grams; establishing Best Management Service to Agriculture given by the I commend Orono Middle School of Practices to reduce nutrients in the en- Delaware Department of Agriculture Orono, ME, on being named a 2011 Na- vironment; developing educational and and the Vanderwendes’ 1993 Farm Bu- tional Blue Ribbon School of Excel- awareness programs; considering incen- reau award for the Farm Family of the lence. This prestigious recognition of tive programs to redistribute excess Year. high accomplishment was bestowed by nutrients; establishing the elements Over the years, Dave Baker has made U.S. Secretary of Education Arne Dun- and general direction of the State Nu- a remarkable contribution to Dela- can. trient Management Program; and, de- ware’s agricultural community Created in 1982, the Blue Ribbon veloping nutrient management regula- through his work, leadership and Schools award is considered the high- tions. thoughtful attention to detail. His est honor an American school can ob- In 2001, under the team’s leadership, commitment to Delaware’s and our na- tain. Schools singled out for this na- the Delaware Nutrient Management tion’s farmlands, as well as his com- tional recognition reflect the goals of Commission outlined a Memorandum mitment to his family and community our Nation’s education reforms for of Understanding with the Delaware is unmistakable. Since moving to Mid- high standards and accountability. Department of Agriculture, the Dela- dletown, DE in 1952, Dave Baker has re- Specifically, the Blue Ribbon Schools ware Department of Natural Resources mained close to his roots. Today, just Program is designed to honor public and Environmental Control, and the outside of his hometown, Dave lives and private schools that are either aca- chief executives of all poultry compa- with his wife Barbara. Together, they demically superior in their States or nies operating in Delaware—an agree- have a son Erik and two grandchildren. that demonstrate dramatic gains in ment that was the first of its kind. There, Dave is the President of Baker student achievement. This unique partnership between the Farms, a 3,000-acre grain farm. He also This award recognizes that Orono agriculture and environmental sectors founded Delaware Egg Farm—now Middle School students achieve at the in Delaware has helped contribute to Puglisi Egg Farms Delaware—Dela- highest level academically. Orono Mid- the progress Delaware has achieved in ware’s largest egg producing operation. dle School is a top-performing school

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.036 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8600 CONGRESSIONAL RECORD — SENATE December 14, 2011 on State-required assessments, and tremendous success. Most recently, gratitude to Officer Bonneau and his staff at the school use assessments Cool As A Moose was honored as the family for his bravery and commit- throughout the academic year as a tool 2011 Merchant of the Year by the Maine ment to law enforcement. He made the for improving and customizing instruc- Merchants Association. This honor is ultimate sacrifice so that others may tion. The school also involves students richly deserved as this small business live in safety.∑ in extracurricular activities, which consistently strives to improve each f helps forge a strong school community community it serves through volun- MESSAGES FROM THE HOUSE where students are connected and en- teering and supporting area non-prof- couraged to pursue their interests. its. At 10:35 a.m., a message from the I applaud not only the students but Small businesses such as Cool As A House of Representatives, delivered by also the teachers, staff, administrators, Moose are the heart of the economy, Mr. Novotny, one of its reading clerks, and parents of Orono Middle School. and this holiday season I hope Ameri- announced that the House has passed Together, they are succeeding in their cans will gather with me in supporting the following bill, in which it requests mission to generate confidence and mo- these retailers. In these tough eco- the concurrence of the Senate: mentum for learning. They are making nomic times, this small firm’s willing- H.R. 3630. An act to provide incentives for a difference in the lives of their stu- ness to expand and continually strive the creation of jobs, and for other purposes. dents, helping them reach their full po- to put local communities first is espe- At 2:38 p.m., a message from the tential as independent, responsible cially refreshing. I am proud to extend House of Representatives, delivered by learners and citizens. my congratulations to Kip Stone and Mr. Novotny, one of its reading clerks, I am pleased that the U.S. Depart- everyone at Cool As A Moose for their announced that the House has passed ment of Education has selected Orono tremendous efforts and offer my best the following bill, without amendment: Middle School for this well-deserved wishes for continued success.∑ S. 384. An act to amend title 39, United honor, and I congratulate the entire f States Code, to extend the authority of the community for this outstanding United States Postal Service to issue a achievement.∑ TRIBUTE TO OFFICER JAMES semipostal to raise funds for breast cancer BONNEAU f research. ∑ Ms. STABENOW. Mr. President, on The message also announced that the RECOGNIZING COOL AS A MOOSE behalf of myself and Senator LEVIN, I House has passed the following bills, in ∑ Ms. SNOWE. Mr. President, across wish to pay tribute to James ‘‘Jim’’ which it requests the concurrence of the country the holiday shopping sea- Bonneau, a member of the Jackson Po- the Senate: son is in full swing. For many, holiday lice Department in Jackson, MI, who H.R. 313. An act to amend the Controlled shopping can be a stressful time, as has been posthumously awarded the Substances Act to clarify that persons who picking out the ideal gift can often be Congressional Badge of Bravery. enter into a conspiracy within the United overwhelming. Luckily, my home Officer Bonneau was born in Canton, States to possess or traffic illegal controlled State of Maine has several small busi- MI to Marc and Amy Bonneau. Grow- substances outside the United States, or en- gage in conduct within the United States to nesses which offer gift solutions in a ing up he always wanted to help others aid or abet drug trafficking outside the fun and festive setting. Today I wish to and become a police officer. After grad- United States, may be criminally prosecuted commend and recognize one of these uating from Canton High in 2002, he in the United States, and for other purposes. small businesses, Cool As A Moose, earned a degree in criminal justice H.R. 2767. An act to designate the facility whose retail stores offer unique and from Eastern Michigan University. In of the United States Postal Service located creative gifts for the holiday season 2007, he followed his dream and joined at 8 West Silver Street in Westfield, Massa- and throughout the year. the Jackson Police Department, which chusetts, as the ‘‘William T. Trant Post Of- fice Building’’. Cool As A Moose first opened its put him through Lansing Community H.R. 3246. An act to designate the facility doors in 1986 in the coastal town of Bar College’s Mid-Michigan Police Acad- of the United States Postal Service located Harbor. Whether a customer longs for a emy. at 15455 Manchester Road in Ballwin, Mis- moose hat or an adorable stuffed ani- Bonneau excelled at the academy and souri, as the ‘‘Specialist Peter J. Navarro mal lobster, this small business offers graduated at the top of his class. He Post Office Building’’. customers an array of clever products was well liked by the faculty and his At 7:25 p.m., a message from the and creative apparel. The company, fellow classmates. Even though he was House of Representatives, delivered by now owned by Maine resident Kip with the department for two short Mrs. Cole, one of its reading clerks, an- Stone, has expanded to include stores years, his excellence on the job and nounced that the House agrees to the in Freeport, Portland, and most re- connection with the community he report of the committee of conference cently Brunswick. The retailer also has served made a difference and touched on the disagreeing votes of the two an online presence and two licensed lo- many lives. Houses on the amendment of the Sen- cations in Halifax and Quebec City, On March 9, 2010, Officer Bonneau ate to the bill (H.R. 1540) to authorize Canada. and Blackman Township Public Safety appropriations for fiscal year 2012 for The establishment of a store and Officer Darin McIntosh responded to a military activities of the Department headquarters in Brunswick this past domestic disturbance call. The suspect of Defense, for military construction, May was critical, as it brought jobs to fired multiple shots at both officers and for defense activities of the De- an area of Maine that recently strug- wounding Officer Bonneau in the chest partment of Energy, to prescribe mili- gled after the closure of the Brunswick and Officer McIntosh in the leg. tary personnel strengths for such fiscal Naval Air Station. Kip’s tireless search Though mortally wounded, Officer year, and for other purposes. for an ideal location lasted 2 years, as Bonneau showed bravery and deter- he sought to find an environment that mination while he relayed critical in- At 7:54 p.m., a message from the would allow him to open both a store formation to central dispatch regard- House of Representatives, delivered by and have space for his other company, ing the incident. His actions ensured Mrs. Cole, one of its reading clerks, an- Artforms, which supplies many of the that the responding officers knew what nounced that the House has passed the designs for the retail store. Kip se- to expect upon entering the home. following bills, in which it requests the lected the Old Grand City restaurant Tragically, he later died from his inju- concurrence of the Senate: and storefront for the flagship store. ries. H.R. 1905. An act to strengthen Iran sanc- With this purchase and renovation, Kip Officer Bonneau’s exceptional acts of tions laws for the purpose of compelling Iran furthered a critical mission by helping bravery and presence of mind while in to abandon its pursuit of nuclear weapons to revitalize the Brunswick downtown the line of duty earned him a well-de- and other threatening activities, and for other purposes. area. served nomination and award of the H.R. 2105. An act to provide for the applica- As can be seen from this small com- State and Local Law Enforcement Con- tion of measures to foreign persons who pany’s expansion, since its founding, gressional Badge of Bravery. transfer to Iran, North Korea, and Syria cer- this store’s friendly customer service On behalf of the City of Jackson and tain goods, services, or technology, and for and engaging atmosphere have led to the State of Michigan, we express our other purposes.

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.039 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8601 H.R. 3421. An act to award Congressional EC–4292. A communication from the Chief agement Act Provisions; Fisheries of the Gold Medals in honor of the men and women Counsel, Federal Emergency Management Northeastern United States; Northeast (NE) who perished as a result of the terrorist at- Agency, Department of Homeland Security, Multispecies Fishery; Framework Adjust- tacks on the United States on September 11, transmitting, pursuant to law, the report of ment 46’’ (RIN0648–BB08) received in the Of- 2011. a rule entitled ‘‘Final Flood Elevation Deter- fice of the President of the Senate on Decem- The message also announced that the minations’’ ((44 CFR Part 67)(Docket No. ber 12, 2011; to the Committee on Commerce, House has agreed to the following con- FEMA–2011–0002)) received in the Office of Science, and Transportation. the President of the Senate on December 12, EC–4301. A communication from the Dep- current resolutions, in which it re- 2011; to the Committee on Banking, Housing, uty Assistant Administrator for Regulatory quests the concurrence of the Senate: and Urban Affairs. Programs, National Marine Fisheries Serv- H. Con. Res. 92. Concurrent resolution di- EC–4293. A communication from the Chief ice, Department of Commerce, transmitting, recting the Clerk of the House of Representa- Counsel, Federal Emergency Management pursuant to law, the report of a rule entitled tives to correct the enrollment of the bill Agency, Department of Homeland Security, ‘‘Atlantic Highly Migratory Species; North H.R. 1540. transmitting, pursuant to law, the report of and South Atlantic Swordfish Quotas’’ H. Con. Res. 93. Concurrent resolution pro- a rule entitled ‘‘Final Flood Elevation Deter- (RIN0648–BA90) received in the Office of the viding for a correction to the enrollment of minations’’ ((44 CFR Part 67)(Docket No. President of the Senate on December 12, 2011; the bill H.R. 2845. FEMA–2011–0002)) received in the Office of to the Committee on Commerce, Science, and Transportation. f the President of the Senate on December 12, 2011; to the Committee on Banking, Housing, EC–4302. A communication from the Dep- MEASURES REFERRED and Urban Affairs. uty Assistant Administrator for Regulatory EC–4294. A communication from the Assist- Programs, Office of Protected Resources, De- The following bills were read the first partment of Commerce, transmitting, pursu- and the second times by unanimous ant Secretary for Export Administration, Bureau of Industry and Security, Depart- ant to law, the report of a rule entitled ‘‘List consent, and referred as indicated: ment of Commerce, transmitting, pursuant of Fisheries for 2012’’ (RIN0648–BA76) re- H.R. 313. An act to amend the Controlled to law, the report of a rule entitled ‘‘Updated ceived in the Office of the President of the Substances Act to clarify that persons who Statements of Legal Authority to Reflect Senate on December 12, 2011; to the Com- enter into a conspiracy within the United Continuation of Emergency Declared in Ex- mittee on Commerce, Science, and Transpor- States to possess or traffic illegal controlled ecutive Order 12938’’ (RIN0694–AF44) received tation. substances outside the United States, or en- in the Office of the President of the Senate EC–4303. A communication from the Assist- gage in conduct within the United States to on December 12, 2011; to the Committee on ant Secretary for Export Administration, aid or abet drug trafficking outside the Banking, Housing, and Urban Affairs. Bureau of Industry and Security, Depart- United States, may be criminally prosecuted EC–4295. A communication from the Gen- ment of Commerce, transmitting, pursuant in the United States, and for other purposes; eral Counsel of the Department of Housing to law, the report of a rule entitled ‘‘Amend- to the Committee on the Judiciary. and Urban Development, transmitting, pur- ments to the Export Administration Regula- H.R. 1905. An act to strengthen Iran sanc- suant to law, a report relative to a vacancy tions: Facilitating Enhanced Public Under- tions laws for the purpose of compelling Iran in the position of Inspector General, Depart- standing of the Provisions That Implement to abandon its pursuit of nuclear weapons ment of Housing and Urban Development; to the Comprehensive U.S. Sanctions Against and other threatening activities, and for the Committee on Banking, Housing, and Syria Pursuant to the Syria Accountability other purposes; to the Committee on Foreign Urban Affairs. and Lebanese Sovereignty Restoration Act Relations. EC–4296. A communication from the Gen- of 2003’’ (RIN0694–AF29) received in the Office H.R. 2105. An act to provide for the applica- eral Counsel, Department of Housing and of the President of the Senate on December tion of measures to foreign persons who Urban Development, transmitting, pursuant 12, 2011; to the Committee on Commerce, transfer to Iran, North Korea, and Syria cer- to law, (15) reports relative to vacancy an- Science, and Transportation. EC–4304. A communication from the Attor- tain goods, services, or technology, and for nouncements within the Department; to the ney-Advisor, U.S. Coast Guard, Department other purposes; to the Committee on Foreign Committee on Banking, Housing, and Urban of Homeland Security, transmitting, pursu- Relations. Affairs. H.R. 2767. An act to designate the facility EC–4297. A communication from the Dep- ant to law, the report of a rule entitled ‘‘Shipping and Transportation; Technical, of the United States Postal Service located uty Assistant Administrator for Operations, Organizational, and Conforming Amend- at 8 West Silver Street in Westfield, Massa- National Marine Fisheries Service, Depart- ments’’ ((RIN1625–AB77)(Docket No. USCG– chusetts, as the ‘‘William T. Trant Post Of- ment of Commerce, transmitting, pursuant 2011–0618)) received in the Office of the Presi- fice Building’’; to the Committee on Home- to law, the report of a rule entitled ‘‘Fish- dent of the Senate on December 12, 2011; to land Security and Governmental Affairs. eries of the Northeastern United States; the Committee on Commerce, Science, and H.R. 3246. An act to designate the facility Northeast Skate Complex Fishery; Secre- Transportation. of the United States Postal Service located tarial Emergency Action’’ (RIN0648–BB32) re- EC–4305. A communication from the Assist- at 15455 Manchester Road in Ballwin, Mis- ceived in the Office of the President of the ant Secretary, Office of Electricity Delivery souri, as the ‘‘Specialist Peter J. Navarro Senate on December 12, 2011; to the Com- and Energy Reliability, Department of En- Post Office Building’’; to the Committee on mittee on Commerce, Science, and Transpor- ergy, transmitting, pursuant to law, a report Homeland Security and Governmental Af- tation. entitled ‘‘Five-Year Program Plan for Fiscal fairs. EC–4298. A communication from the Dep- Years 2008 to 2012 for Electric Transmission f uty Assistant Administrator for Operations, and Distribution Programs’’; to the Com- National Marine Fisheries Service, Depart- mittee on Energy and Natural Resources. MEASURES PLACED ON THE ment of Commerce, transmitting, pursuant EC–4306. A communication from the Sec- CALENDAR to law, the report of a rule entitled ‘‘Fish- retary of Energy, transmitting, pursuant to The following bill was read the sec- eries of the Exclusive Economic Zone Off law, a report entitled ‘‘Response to Findings Alaska; Bering Sea and Aleutian Islands ond time, and placed on the calendar: and Recommendations of the Hydrogen and Crab Rationalization Program’’ (RIN0648– Fuel Cell Technical Advisory Committee H.R. 3630. An act to provide incentives for AX47) received in the Office of the President (HTAC) during Fiscal Years 2008 and 2009’’; to the creation of jobs, and for other purposes. of the Senate on December 12, 2011; to the the Committee on Energy and Natural Re- f Committee on Commerce, Science, and sources. Transportation. EC–4307. A communication from the Chair- EXECUTIVE AND OTHER EC–4299. A communication from the Dep- man, Nuclear Regulatory Commission, trans- COMMUNICATIONS uty Assistant Administrator for Operations, mitting, pursuant to law, a semiannual re- The following communications were National Marine Fisheries Service, Depart- port relative to the status of the Commis- laid before the Senate, together with ment of Commerce, transmitting, pursuant sion’s licensing and regulatory duties; to the to law, the report of a rule entitled ‘‘Fish- accompanying papers, reports, and doc- Committee on Environment and Public eries of the Caribbean, Gulf of Mexico, and Works. uments, and were referred as indicated: South Atlantic; Snapper-Grouper Fishery Off EC–4308. A communication from the Ad- EC–4291. A communication from the Direc- the Southern Atlantic States; Amendment ministrator of the General Services Adminis- tor of Defense Procurement and Acquisition 15B’’ (RIN0648–BB55) received in the Office of tration, transmitting, pursuant to law, the Policy, Department of Defense, transmit- the President of the Senate on December 12, Administration’s fiscal year 2011 Agency Fi- ting, pursuant to law, the report of a rule en- 2011; to the Committee on Commerce, nancial Report; to the Committee on Home- titled ‘‘Defense Federal Acquisition Regula- Science, and Transportation. land Security and Governmental Affairs. tion Supplement: Utilization of Domestic EC–4300. A communication from the Dep- EC–4309. A communication from the Acting Photovoltaic Devices’’ ((RIN0750– uty Assistant Administrator for Operations, District of Columbia Auditor, transmitting, AH43)(DFARS Case 2011–D046)) received in National Marine Fisheries Service, Depart- pursuant to law, a report entitled, ‘‘District the Office of the President of the Senate on ment of Commerce, transmitting, pursuant of Columbia Agencies’ Compliance with Fis- December 12, 2011; to the Committee on to law, the report of a rule entitled ‘‘Magnu- cal Year 2010 Small Business Enterprise Ex- Armed Services. son-Stevens Fishery Conservation and Man- penditure Goals’’; to the Committee on

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.018 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8602 CONGRESSIONAL RECORD — SENATE December 14, 2011 Homeland Security and Governmental Af- ability for a term expiring September 17, S. 1992. A bill to provide flexibility of cer- fairs. 2014; tain transit functions to local entities; to EC–4310. A communication from the Sec- *Gary Blumenthal, of Massachusetts, to be the Committee on Banking, Housing, and retary of Education, transmitting, pursuant a Member of the National Council on Dis- Urban Affairs. to law, the Department’s Semiannual Report ability for a term expiring September 17, By Mr. NELSON of Florida (for him- to Congress on Audit Follow-up for the pe- 2013; and self, Ms. COLLINS, Mrs. GILLIBRAND, riod of April 1, 2011 through September 30, *Wendy M. Spencer, of Florida, to be Chief and Mr. SCHUMER): 2011; to the Committee on Homeland Secu- Executive Officer of the Corporation for Na- S. 1993. A bill to posthumously award a rity and Governmental Affairs. tional and Community Service. Congressional Gold Medal to Lena Horne in EC–4311. A communication from the Chair- Mr. HARKIN. Mr. President, for the recognition of her achievements and con- man of the National Credit Union Adminis- Committee on Health, Education, tributions to American culture and the civil tration, transmitting, pursuant to law, the rights movement; to the Committee on Semi-Annual Report of the Inspector Gen- Labor, and Pensions I report favorably Banking, Housing, and Urban Affairs. eral for the period from April 1, 2011 through the following nomination list which By Mr. SCHUMER (for himself, Mr. September 30, 2011; to the Committee on was printed in the RECORD on the date CARDIN, and Mr. LEAHY): Homeland Security and Governmental Af- indicated, and ask unanimous consent, S. 1994. A bill to prohibit deceptive prac- fairs. to save the expense of reprinting on the tices in Federal elections; to the Committee EC–4312. A communication from the Chair- Executive Calendar that this nomina- on the Judiciary. man of the Broadcasting Board of Governors, tion lie at the Secretary’s desk for the By Mr. GRASSLEY (for himself, Mr. transmitting, pursuant to law, the Office of information of Senators. KOHL, and Mr. BLUMENTHAL): Inspector General’s Semiannual Report for S. 1995. A bill to enhance Food and Drug the period of April 1, 2011 through September The PRESIDING OFFICER. Without Administration oversight of medical device 30, 2011; to the Committee on Homeland Se- objection, it is so ordered. recalls, to provide for the conditional clear- curity and Governmental Affairs. Public Health Service nominations begin- ance of certain medical devices, and for EC–4313. A communication from the Dep- ning with Jose G. Bal and ending with other purposes; to the Committee on Health, uty Assistant Administrator of Diversion Kendra J. Vieira, which nominations were Education, Labor, and Pensions. Control, Drug Enforcement Administration, received by the Senate and appeared in the f Department of Justice, transmitting, pursu- Congressional Record on November 8, 2011. ant to law, the report of a rule entitled *Nomination was reported with rec- ADDITIONAL COSPONSORS ‘‘Chemical Mixtures Containing Listed ommendation that it be confirmed sub- S. 431 Forms of Phosphorous and Change in Appli- ject to the nominee’s commitment to At the request of Mr. PRYOR, the cation Process’’ (RIN1117–AA66) received in the Office of the President of the Senate on respond to requests to appear and tes- names of the Senator from Texas (Mrs. December 12, 2011; to the Committee on the tify before any duly constituted com- HUTCHISON), the Senator from Dela- Judiciary. mittee of the Senate. ware (Mr. COONS), the Senator from EC–4314. A communication from the Na- (Nominations without an asterisk Iowa (Mr. HARKIN), the Senator from tional Executive Secretary, Navy Club of the were reported with the recommenda- Rhode Island (Mr. WHITEHOUSE), the United States of America, transmitting, pur- tion that they be confirmed.) Senator from New Jersey (Mr. LAUTEN- suant to law, a report relative to the na- BERG), the Senator from West Virginia tional financial statement of the organiza- f (Mr. MANCHIN), the Senator from Maine tion, and national staff and convention min- INTRODUCTION OF BILLS AND (Ms. COLLINS), the Senator from Texas utes for the year ending July 31, 2011; to the JOINT RESOLUTIONS Committee on the Judiciary. (Mr. CORNYN), the Senator from North The following bills and joint resolu- f Dakota (Mr. HOEVEN), the Senator from tions were introduced, read the first Nebraska (Mr. NELSON) and the Sen- EXECUTIVE REPORTS OF and second times by unanimous con- ator from Mississippi (Mr. WICKER) COMMITTEES sent, and referred as indicated: were added as cosponsors of S. 431, a The following executive reports of By Mr. BLUNT (for himself, Mrs. bill to require the Secretary of the nominations were submitted: MCCASKILL, Mr. INHOFE, Mr. COBURN, Treasury to mint coins in commemora- Mr. ROCKEFELLER. Mr. President, and Mr. ENZI): tion of the 225th anniversary of the es- for the Committee on Commerce, S. 1988. A bill to amend the Federal Power tablishment of the Nation’s first Fed- Act to require the Federal Energy Regu- Science, and Transportation I report latory Commission to consider private land- eral law enforcement agency, the favorably the following nomination list ownership and private use of land in issuing United States Marshals Service. which was printed in the RECORD on hydropower licenses, and for other purposes; S. 506 the date indicated, and ask unanimous to the Committee on Energy and Natural Re- At the request of Mr. CASEY, the consent, to save the expense of reprint- sources. name of the Senator from West Vir- ing on the Executive Calendar that this By Ms. CANTWELL (for herself, Ms. ginia (Mr. ROCKEFELLER) was added as nomination lie at the Secretary’s desk SNOWE, Mr. BINGAMAN, Mr. KERRY, a cosponsor of S. 506, a bill to amend for the information of Senators. Mr. NELSON of Florida, Mr. MENEN- DEZ, Mr. CARDIN, Mr. SANDERS, Mr. the Elementary and Secondary Edu- The PRESIDING OFFICER. Without CRAPO, Mr. BROWN of Massachusetts, cation Act of 1965 to address and take objection, it is so ordered. and Ms. COLLINS): action to prevent bullying and harass- National Oceanic and Atmospheric Admin- S. 1989. A bill to amend the Internal Rev- ment of students. istration nominations beginning with Ben- enue Code of 1986 to make permanent the S. 534 jamin M. Lacour and ending with Brian D. minimum low-income housing tax credit At the request of Mr. KERRY, the Prestcott, which nominations were received rate for unsubsidized buildings and to pro- by the Senate and appeared in the Congres- vide a minimum 4 percent credit rate for ex- name of the Senator from New Jersey sional Record on December 5, 2011. isting buildings; to the Committee on Fi- (Mr. MENENDEZ) was added as a cospon- By Mrs. BOXER for the Committee on En- nance. sor of S. 534, a bill to amend the Inter- vironment and Public Works: By Mr. LIEBERMAN (for himself, Mr. nal Revenue Code of 1986 to provide a Rebecca R. Wodder, of Virginia, to be As- BLUMENTHAL, Ms. COLLINS, Mr. BURR, reduced rate of excise tax on beer pro- sistant Secretary for Fish and Wildlife. Mr. AKAKA, Mr. TESTER, and Ms. LAN- duced domestically by certain small By Mr. HARKIN for the Committee on DRIEU): producers. Health, Education, Labor, and Pensions: S. 1990. A bill to require the Transpor- *Deepa Gupta, of Illinois, to be a Member tation Security Administration to comply S. 547 of the National Council on the Arts for a with the Uniformed Services Employment At the request of Mrs. MURRAY, the term expiring September 3, 2016; and Reemployment Rights Act; to the Com- name of the Senator from West Vir- *Christopher Merrill, of Iowa, to be a Mem- mittee on Commerce, Science, and Transpor- ginia (Mr. ROCKEFELLER) was added as ber of the National Council on the Human- tation. a cosponsor of S. 547, a bill to direct ities for a term expiring January 26, 2016; By Mr. WHITEHOUSE: the Secretary of Education to establish *Stephanie Orlando, of New York, to be a S. 1991. A bill to establish the National En- an award program recognizing excel- Member of the National Council on Dis- dowment for the Oceans, and for other pur- ability for the remainder of the term expir- poses; to the Committee on Commerce, lence exhibited by public school system ing September 17, 2011; Science, and Transportation. employees providing services to stu- *Stephanie Orlando, of New York, to be a By Mr. BROWN of Ohio (for himself, dents in pre-kindergarten through Member of the National Council on Dis- Mr. WYDEN, and Mrs. SHAHEEN): higher education.

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.016 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8603 S. 587 tionality Act to stimulate inter- Mr. BURR, Mr. AKAKA, Mr. At the request of Mr. CASEY, the national tourism to the United States. TESTER, and Ms. LANDRIEU): name of the Senator from New Jersey S. 1824 S. 1990. A bill to require the Trans- (Mr. MENENDEZ) was added as a cospon- At the request of Mr. TOOMEY, the portation Security Administration to sor of S. 587, a bill to amend the Safe name of the Senator from Delaware comply with the Uniformed Services Drinking Water Act to repeal a certain (Mr. COONS) was added as a cosponsor Employment and Reemployment exemption for hydraulic fracturing, of S. 1824, a bill to amend the securities Rights Act; to the Committee on Com- and for other purposes. laws to establish certain thresholds for merce, Science, and Transportation. S. 685 shareholder registration under that Mr. LIEBERMAN. Mr. President, I At the request of Mr. LUGAR, the Act, and for other purposes. rise to introduce legislation that would name of the Senator from Utah (Mr. S. 1880 guarantee the jobs of Transportation LEE) was added as a cosponsor of S. 685, At the request of Mr. BARRASSO, the Service Officers, TSO, who are called a bill to repeal the Federal sugar pro- name of the Senator from New Hamp- to active military duty, putting them gram. shire (Ms. AYOTTE) was added as a co- on the same playing field as every other civilian employee called up to S. 707 sponsor of S. 1880, a bill to repeal the health care law’s job-killing health in- serve their nation in the uniformed At the request of Mr. DURBIN, the services in times of need. names of the Senator from California surance tax. S. 1903 I want to thank my cosponsors for (Mrs. BOXER), the Senator from Oregon their support of this measure, includ- (Mr. MERKLEY), the Senator from Dela- At the request of Mrs. GILLIBRAND, ing my colleague from Connecticut, ware (Mr. CARPER) and the Senator the names of the Senator from North Carolina (Mrs. HAGAN) and the Senator Senator RICHARD BLUMENTHAL, and the from Minnesota (Mr. FRANKEN) were Ranking Member of the Homeland Se- added as cosponsors of S. 707, a bill to from New Jersey (Mr. MENENDEZ) were curity and Governmental Affairs Com- amend the Animal Welfare Act to pro- added as cosponsors of S. 1903, a bill to mittee, Senator SUSAN COLLINS. Other vide further protection for puppies. prohibit commodities and securities trading based on nonpublic information cosponsors include Senators BURR, S. 1355 relating to Congress, to require addi- AKAKA, TESTER and LANDRIEU. At the request of Mrs. FEINSTEIN, the tional reporting by Members and em- This is a very simple and straight- name of the Senator from Oregon (Mr. ployees of Congress of securities trans- forward bill that would close a loophole MERKLEY) was added as a cosponsor of actions, and for other purposes. in the law that leaves Transportation S. 1355, a bill to regulate political S. 1925 Security Officers called to full time robocalls. At the request of Mr. LEAHY, the military service vulnerable to dis- S. 1494 name of the Senator from Pennsyl- missal from their jobs upon return to At the request of Mrs. BOXER, the vania (Mr. CASEY) was added as a co- civilian life. name of the Senator from Maine (Ms. sponsor of S. 1925, a bill to reauthorize The jobs of all other non-military COLLINS) was added as a cosponsor of S. the Violence Against Women Act of public and private sector employees 1494, a bill to reauthorize and amend 1994. called up to active duty are protected the National Fish and Wildlife Founda- S. 1927 under the Uniformed Services Employ- tion Establishment Act. At the request of Mr. PAUL, the name ment and Reemployment Rights Act of S. 1544 of the Senator from Missouri (Mr. 1994, USERRA. USERRA entitles a re- At the request of Mr. TESTER, the BLUNT) was added as a cosponsor of S. servist, a member of the National name of the Senator from New Jersey 1927, a bill to modify the criteria used Guard, or a veteran who is called to (Mr. MENENDEZ) was added as a cospon- by the Corps of Engineers to dredge duty to return to their civilian jobs sor of S. 1544, a bill to amend the Secu- small ports. once their service is complete. The rities Act of 1933 to require the Securi- S. 1932 service member must meet certain, ties and Exchange Commission to ex- At the request of Mr. LUGAR, the basic requirements, such as providing empt a certain class of securities from name of the Senator from Utah (Mr. advance notice to their employer of such Act. HATCH) was added as a cosponsor of S. their impending service and missing no S. 1578 1932, a bill to require the Secretary of more than 5 years of work under any one employer due to their service. At the request of Mr. TOOMEY, the State to act on a permit for the Key- According to the law itself, the pur- name of the Senator from Utah (Mr. stone XL pipeline. pose of USERRA is to ‘‘encourage non- LEE) was added as a cosponsor of S. S. 1961 career service in the uniformed serv- 1578, a bill to amend the Safe Drinking At the request of Mr. REED, the name ices by eliminating or minimizing the Water Act with respect to consumer of the Senator from Maryland (Ms. MI- disadvantages to civilian careers and confidence reports by community KULSKI) was added as a cosponsor of S. employment which can result from water systems. 1961, a bill to provide level funding for the Low-Income Home Energy Assist- such service.’’ S. 1597 ance Program. The law also minimizes the disrup- At the request of Mr. BROWN of Ohio, S. RES. 347 tion to those who are called up to serv- the name of the Senator from West At the request of Mr. REID, his name ice by providing for their prompt reem- Virginia (Mr. ROCKEFELLER) was added was added as a cosponsor of S. Res. 347, ployment when they return to civilian as a cosponsor of S. 1597, a bill to pro- a resolution recognizing the 40th anni- life and protects them from discrimina- vide assistance for the modernization, versary of the National Cancer Act of tion based on their active duty in the renovation, and repair of elementary 1971 and the more than 12,000,000 sur- uniformed services. school and secondary school buildings vivors of cancer alive today because of This is simple fairness to those with in public school districts and commu- the commitment of the United States the courage, determination, and love of nity colleges across the United States to cancer research and advances in can- country to serve in the uniformed serv- in order to support the achievement of cer prevention, detection, diagnosis, ices beyond any required service or improved educational outcomes in and treatment. normal tour of duty, and certainly at those schools, and for other purposes. At the request of Mr. BROWN of Ohio, an age older than most soldiers. S. 1746 the name of the Senator from Iowa TSOs, however, are not statutorily At the request of Mr. SCHUMER, the (Mr. GRASSLEY) was added as a cospon- protected against dismissal from their names of the Senator from Hawaii (Mr. sor of S. Res. 347, supra. jobs upon return from military service. AKAKA), the Senator from Connecticut f In the aftermath of 9/11, when Congress (Mr. BLUMENTHAL), the Senator from moved with lightening speed to Louisiana (Ms. LANDRIEU) and the Sen- STATEMENTS ON INTRODUCED strengthen the safety of air travel, we ator from West Virginia (Mr. MANCHIN) BILLS AND JOINT RESOLUTIONS provided the Transportation Security were added as cosponsors of S. 1746, a By Mr. LIEBERMAN (for himself, Administration with the broad author- bill to amend the Immigration and Na- Mr. BLUMENTHAL, Ms. COLLINS, ity it would need to hire and deploy

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.021 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8604 CONGRESSIONAL RECORD — SENATE December 14, 2011 tens of thousands of new workers in a ‘‘(1) GENERAL AUTHORITY.—Except as pro- Sec. 302. Restriction on conduct of intel- matter of weeks. TSOs became a select vided in paragraph (2), and notwith- ligence activities. category of federal employees who standing’’; and Sec. 303. Annual report on hiring of National were considered vital to the national (2) by adding at the end the following: Security Education Program ‘‘(2) UNIFORMED SERVICES EMPLOYMENT AND participants. security, and because of the unusual REEMPLOYMENT RIGHTS ACT.—In carrying out Sec. 304. Enhancement of authority for circumstances and broad authority the functions authorized under paragraph (1), flexible personnel management given to TSA, they were exempted the Under Secretary shall be subject to the among the elements of the in- from many labor laws. provisions set forth in chapter 43 of title 38, telligence community. The Aviation and Transportation Se- United States Code.’’. Sec. 305. Preparation of nuclear prolifera- curity Act, ATSA, passed in November (b) EFFECTIVE DATE.—The amendments tion assessment statements. 2001, gives the TSA Administrator au- made by subsection (a) shall take effect on Sec. 306. Cost estimates. thority over all terms and conditions the date that is 270 days after the date of the Sec. 307. Updates of intelligence relating to enactment of this Act. of a TSO’s employment. Specifically, terrorist recidivism of detain- Section 111(d) of ATSA states: ‘‘not- f ees held at United States Naval withstanding any other provision of AMENDMENTS SUBMITTED AND Station, Guantanamo Bay, Cuba. law, the Undersecretary for Transpor- PROPOSED Sec. 308. Notification of transfer of a de- tation Security may employ, appoint, SA 1462. Mr. REID (for Mr. KERRY (for him- tainee held at United States discipline, terminate, and fix terms self and Mr. LUGAR)) proposed an amendment Naval Station, Guantanamo and conditions of employment . . . as to the bill H.R. 515, to reauthorize the Bay, Cuba. the Undersecretary determines to be Belarus Democracy Act of 2004. Sec. 309. Enhanced procurement authority necessary.’’ SA 1463. Mr. REID (for Mrs. FEINSTEIN (for to manage supply chain risk. The Transportation Security Admin- herself and Mr. CHAMBLISS)) proposed an Sec. 310. Burial allowance. istration employs 3,500 reservists and amendment to the bill H.R. 1892, to authorize Sec. 311. Modification of certain reporting another 15,000 veterans. The agency appropriations for fiscal year 2012 for intel- requirements. ligence and intelligence-related activities of Sec. 312. Review of strategic and competi- frequently recruits veterans, reserv- the United States Government, the Commu- ists, and members of the National tive analysis conducted by the nity Management Account, and the Central intelligence community. Guard and benefits from their employ- Intelligence Agency Retirement and Dis- TITLE IV—MATTERS RELATING TO ELE- ment. We should make it easier for ability System, and for other purposes. MENTS OF THE INTELLIGENCE COMMU- TSA to attract the best and brightest f NITY to its ranks, by ensuring these men and women have the job protections they TEXT OF AMENDMENTS Subtitle A—Office of the Director of National Intelligence need and deserve. SA 1462. Mr. REID (for Mr. KERRY TSA has said that it complies admin- (for himself and Mr. LUGAR)) proposed Sec. 401. Intelligence community assistance an amendment to the bill H.R. 515, to to counter drug trafficking or- istratively and voluntarily with ganizations using public lands. USERRA. But without the force of law, reauthorize the Belarus Democracy Act Sec. 402. Application of certain financial re- reservists and National Guard members of 2004; as follows: porting requirements to the Of- cannot count on redress if they believe On page 6, line 19, strike ‘‘and’’ and insert fice of the Director of National TSA has violated USERRA. ‘‘expanded its visa ban list, imposed addi- Intelligence. According to The Veterans of For- tional financial sanctions on certain state- Sec. 403. Public availability of information eign Wars, at least two TSOs so far owned enterprises, and initiated prepara- regarding the Inspector General have tried to appeal TSA actions based tions to freeze the assets of several individ- of the Intelligence Community. uals in Belarus. The’’. Sec. 404. Clarification of status of Chief In- on perceived violations of USERRA. On page 10, line 9, strike ‘‘continue to’’. Both were thwarted in their efforts formation Officer in the Execu- tive Schedule. when the Office of Special Counsel and SA 1463. Mr. REID (for Mrs. FEIN- Sec. 405. Temporary appointment to fill va- the Merit System Protection Board STEIN (for herself and Mr. CHAMBLISS)) cancies within Office of the Di- ruled that Section 111(d) of ATSA bars proposed an amendment to the bill rector of National Intelligence. TSOs from USERRA coverage. H.R. 1892, to authorize appropriations Subtitle B—Central Intelligence Agency TSOs find themselves in a clearly un- for fiscal year 2012 for intelligence and Sec. 411. Acceptance of gifts. just and inadvertent position. There- intelligence-related activities of the Sec. 412. Foreign language proficiency re- fore, the legislation my colleagues and United States Government, the Com- quirements for Central Intel- I are introducing today would simply munity Management Account, and the ligence Agency officers. require TSA to comply with USERRA, Central Intelligence Agency Retire- Sec. 413. Public availability of information providing TSOs the statutory protec- ment and Disability System, and for regarding the Inspector General tion of reemployment to which every other purposes; as follows: of the Central Intelligence Agency. other type of worker, in the private or Strike all after the enacting clause and in- Sec. 414. Creating an official record of the public sectors, is eligible. sert the following: Osama bin Laden operation. I ask my colleagues for their support SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to right this unintentional wrong. Sec. 415. Recruitment of personnel in the Of- (a) SHORT TITLE.—This Act may be cited as fice of the Inspector General. Mr. President, I ask unanimous con- the ‘‘Intelligence Authorization Act for Fis- sent that the text of the bill be printed cal Year 2012’’. Subtitle C—National Security Agency into the Record. (b) TABLE OF CONTENTS.—The table of con- Sec. 421. Additional authorities for National There being no objection, the text of tents for this Act is as follows: Security Agency security per- the bill was ordered to be printed in Sec. 1. Short title; Table of contents. sonnel. the RECORD, as follows: Sec. 2. Definitions. Subtitle D—Other Elements S. 1990 TITLE I—INTELLIGENCE ACTIVITIES Sec. 431. Codification of Office of Intel- Be it enacted by the Senate and House of Rep- Sec. 101. Authorization of appropriations. ligence and Analysis of the De- resentatives of the United States of America in Sec. 102. Classified Schedule of Authoriza- partment of Homeland Security Congress assembled, tions. as element of the intelligence Sec. 103. Personnel ceiling adjustments. community. SECTION 1. APPLICABILITY OF THE UNIFORMED Sec. 432. Federal Bureau of Investigation SERVICES EMPLOYMENT AND REEM- Sec. 104. Intelligence Community Manage- PLOYMENT RIGHTS ACT TO THE ment Account. participation in the Depart- TRANSPORTATION SECURITY AD- TITLE II—CENTRAL INTELLIGENCE ment of Justice leave bank. MINISTRATION. AGENCY RETIREMENT AND DIS- Sec. 433. Accounts and transfer authority (a) IN GENERAL.—Section 111(d) of the ABILITY SYSTEM for appropriations and other Aviation and Transportation Security Act amounts for intelligence ele- Sec. 201. Authorization of appropriations. (49 U.S.C. 44935 note; Public Law 107–71) is ments of the Department of De- amended— TITLE III—GENERAL PROVISIONS fense. (1) by striking ‘‘Notwithstanding’’ and in- Sec. 301. Increase in employee compensation Sec. 434. Report on training standards of de- serting the following: and benefits authorized by law. fense intelligence workforce.

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TITLE V—OTHER MATTERS (3) LIMITS ON DISCLOSURE.—The President (b) AUTHORIZED PERSONNEL LEVELS.—The Sec. 501. Report on airspace restrictions for shall not publicly disclose the classified elements within the Intelligence Community use of unmanned aerial vehicles Schedule of Authorizations or any portion of Management Account of the Director of Na- along the border of the United such Schedule except— tional Intelligence are authorized 777 full- States and Mexico. (A) as provided in section 601(a) of the Im- time or full-time equivalent personnel as of Sec. 502. Sense of Congress regarding inte- plementing Recommendations of the 9/11 September 30, 2012. Personnel serving in such gration of fusion centers. Commission Act of 2007 (50 U.S.C. 415c) elements may be permanent employees of Sec. 503. Strategy to counter improvised ex- (B) to the extent necessary to implement the Office of the Director of National Intel- plosive devices. the budget; or ligence or personnel detailed from other ele- Sec. 504. Sense of Congress regarding the (C) as otherwise required by law. ments of the United States Government. priority of railway transpor- (c) USE OF FUNDS FOR CERTAIN ACTIVITIES (c) CLASSIFIED AUTHORIZATIONS.— tation security. IN THE CLASSIFIED ANNEX.—In addition to (1) AUTHORIZATION OF APPROPRIATIONS.—In Sec. 505. Technical amendments to the Na- any other purpose authorized by law, the Di- addition to amounts authorized to be appro- tional Security Act of 1947. rector of the Federal Bureau of Investigation priated for the Intelligence Community Man- Sec. 506. Technical amendments to title 18, may expend funds authorized in this Act as agement Account by subsection (a), there are United States Code. specified in the Federal Bureau of Investiga- authorized to be appropriated for the Com- Sec. 507. Budgetary effects. tion Policy Implementation section of the munity Management Account for fiscal year SEC. 2. DEFINITIONS. classified annex accompanying this Act. 2012 such additional amounts as are specified In this Act: SEC. 103. PERSONNEL CEILING ADJUSTMENTS. in the classified Schedule of Authorizations (1) CONGRESSIONAL INTELLIGENCE COMMIT- (a) AUTHORITY FOR INCREASES.—The Direc- referred to in section 102(a). Such additional TEES.—The term ‘‘congressional intelligence tor of National Intelligence may authorize amounts for advanced research and develop- committees’’ means— the employment of civilian personnel in ex- ment shall remain available until September (A) the Select Committee on Intelligence cess of the number of full-time equivalent 30, 2013. of the Senate; and positions for fiscal year 2012 authorized by (2) AUTHORIZATION OF PERSONNEL.—In addi- (B) the Permanent Select Committee on the classified Schedule of Authorizations re- tion to the personnel authorized by sub- Intelligence of the House of Representatives. ferred to in section 102(a) if the Director of section (b) for elements of the Intelligence (2) INTELLIGENCE COMMUNITY.—The term National Intelligence determines that such Community Management Account as of Sep- ‘‘intelligence community’’ has the meaning action is necessary for the performance of tember 30, 2012, there are authorized such ad- given that term in section 3(4) of the Na- important intelligence functions, except ditional personnel for the Community Man- tional Security Act of 1947 (50 U.S.C. 401a(4)). that the number of personnel employed in agement Account as of that date as are spec- TITLE I—INTELLIGENCE ACTIVITIES excess of the number authorized under such ified in the classified Schedule of Authoriza- section may not, for any element of the in- tions referred to in section 102(a). SEC. 101. AUTHORIZATION OF APPROPRIATIONS. telligence community, exceed 3 percent of TITLE II—CENTRAL INTELLIGENCE AGEN- Funds are hereby authorized to be appro- the number of civilian personnel authorized priated for fiscal year 2012 for the conduct of CY RETIREMENT AND DISABILITY SYS- under such section for such element. TEM the intelligence and intelligence-related ac- (b) AUTHORITY FOR CONVERSION OF ACTIVI- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. tivities of the following elements of the TIES PERFORMED BY CONTRACT PERSONNEL.— There is authorized to be appropriated for United States Government: (1) IN GENERAL.—In addition to the author- the Central Intelligence Agency Retirement (1) The Office of the Director of National ity in subsection (a) and subject to para- and Disability Fund for fiscal year 2012 the Intelligence. graph (2), if the head of an element of the in- sum of $514,000,000. (2) The Central Intelligence Agency. telligence community makes a determina- (3) The Department of Defense. tion that activities currently being per- TITLE III—GENERAL PROVISIONS (4) The Defense Intelligence Agency. formed by contract personnel should be per- SEC. 301. INCREASE IN EMPLOYEE COMPENSA- (5) The National Security Agency. formed by employees of such element, the TION AND BENEFITS AUTHORIZED (6) The Department of the Army, the De- Director of National Intelligence, in order to BY LAW. partment of the Navy, and the Department reduce a comparable number of contract per- Appropriations authorized by this Act for of the Air Force. sonnel, may authorize for that purpose em- salary, pay, retirement, and other benefits (7) The Coast Guard. ployment of additional full-time equivalent for Federal employees may be increased by such additional or supplemental amounts as (8) The Department of State. personnel in such element equal to the num- may be necessary for increases in such com- (9) The Department of the Treasury. ber of full-time equivalent contract per- pensation or benefits authorized by law. (10) The Department of Energy. sonnel performing such activities. SEC. 302. RESTRICTION ON CONDUCT OF INTEL- (11) The Department of Justice. (2) CONCURRENCE AND APPROVAL.—The au- LIGENCE ACTIVITIES. (12) The Federal Bureau of Investigation. thority described in paragraph (1) may not (13) The Drug Enforcement Administra- The authorization of appropriations by be exercised unless the Director of National this Act shall not be deemed to constitute tion. Intelligence concurs with the determination (14) The National Reconnaissance Office. authority for the conduct of any intelligence described in such paragraph. activity which is not otherwise authorized (15) The National Geospatial-Intelligence (c) TREATMENT OF CERTAIN PERSONNEL.— by the Constitution or the laws of the United Agency. The Director of National Intelligence shall States. (16) The Department of Homeland Secu- establish guidelines that govern, for each rity. element of the intelligence community, the SEC. 303. ANNUAL REPORT ON HIRING OF NA- TIONAL SECURITY EDUCATION PRO- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- treatment under the personnel levels author- GRAM PARTICIPANTS. TIONS. ized under section 102(a), including any ex- Not later than 90 days after the end of each (a) SPECIFICATIONS OF AMOUNTS AND PER- emption from such personnel levels, of em- of fiscal years 2012, 2013, and 2014, the head of SONNEL LEVELS.—The amounts authorized to ployment or assignment— each element of the intelligence community be appropriated under section 101 and, sub- (1) in a student program, trainee program, shall submit to the congressional intel- ject to section 103, the authorized personnel or similar program; ligence committees a report, which may be ceilings as of September 30, 2012, for the con- (2) in a reserve corps or as a reemployed in classified form, containing the number of duct of the intelligence activities of the ele- annuitant; or personnel hired by such element during such ments listed in paragraphs (1) through (16) of (3) in details, joint duty, or long-term, full- fiscal year that were at any time a recipient section 101, are those specified in the classi- time training. of a grant or scholarship under the David L. fied Schedule of Authorizations prepared to (d) NOTICE TO CONGRESSIONAL INTELLIGENCE Boren National Security Education Act of accompany the bill H.R. 1892 of the One Hun- COMMITTEES.—The Director of National In- 1991 (50 U.S.C. 1901 et seq.). dred Twelfth Congress. telligence shall notify the congressional in- SEC. 304. ENHANCEMENT OF AUTHORITY FOR (b) AVAILABILITY OF CLASSIFIED SCHEDULE telligence committees in writing at least 15 FLEXIBLE PERSONNEL MANAGE- OF AUTHORIZATIONS.— days prior to the initial exercise of an au- MENT AMONG THE ELEMENTS OF (1) AVAILABILITY TO COMMITTEES OF CON- thority described in subsection (a) or (b). THE INTELLIGENCE COMMUNITY. GRESS.—The classified Schedule of Author- SEC. 104. INTELLIGENCE COMMUNITY MANAGE- Section 102A of the National Security Act izations referred to in subsection (a) shall be MENT ACCOUNT. of 1947 (50 U.S.C. 403–1) is amended by adding made available to the Committee on Appro- (a) AUTHORIZATION OF APPROPRIATIONS.— at the end the following new subsection: priations of the Senate, the Committee on There is authorized to be appropriated for ‘‘(v) AUTHORITY TO ESTABLISH POSITIONS IN Appropriations of the House of Representa- the Intelligence Community Management EXCEPTED SERVICE.—(1) The Director of Na- tives, and to the President. Account of the Director of National Intel- tional Intelligence, with the concurrence of (2) DISTRIBUTION BY THE PRESIDENT.—Sub- ligence for fiscal year 2012 the sum of the head of the covered department con- ject to paragraph (3), the President shall pro- $576,393,000. Within such amount, funds iden- cerned and in consultation with the Director vide for suitable distribution of the classified tified in the classified Schedule of Author- of the Office of Personnel Management, Schedule of Authorizations, or of appropriate izations referred to in section 102(a) for ad- may— portions of the Schedule, within the execu- vanced research and development shall re- ‘‘(A) convert competitive service positions, tive branch. main available until September 30, 2013. and the incumbents of such positions, within

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.035 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8606 CONGRESSIONAL RECORD — SENATE December 14, 2011 an element of the intelligence community in ated with the development, acquisition, pro- ‘‘Sec. 506I. Summary of intelligence relating such department, to excepted service posi- curement, operation, and sustainment of a to terrorist recidivism of de- tions as the Director of National Intelligence major system across its proposed life cycle,’’; tainees held at United States determines necessary to carry out the intel- and Naval Station, Guantanamo ligence functions of such element; and (C) by adding at the end the following: Bay, Cuba.’’. ‘‘(B) establish new positions in the ex- ‘‘(B) In accordance with subsection SEC. 308. NOTIFICATION OF TRANSFER OF A DE- cepted service within an element of the in- (a)(2)(B), each independent cost estimate TAINEE HELD AT UNITED STATES telligence community in such department, if shall include all costs required across ele- NAVAL STATION, GUANTANAMO BAY, the Director of National Intelligence deter- ments of the intelligence community to de- CUBA. mines such positions are necessary to carry velop, acquire, procure, operate, and sustain (a) REQUIREMENT FOR NOTIFICATION.—The out the intelligence functions of such ele- the system to provide the end-to-end intel- President shall submit to Congress, in classi- ment. ligence functionality of the system, includ- fied form, at least 30 days prior to the trans- fer or release of an individual detained at ‘‘(2) An incumbent occupying a position on ing— Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of the Intelligence ‘‘(i) for collection programs, the cost of June 24, 2009, to the country of such individ- Authorization Act for Fiscal Year 2012 se- new analyst training, new hardware and soft- ual’s nationality or last habitual residence lected to be converted to the excepted serv- ware for data exploitation and analysis, and or to any other foreign country or to a freely ice under this section shall have the right to any unique or additional costs for data proc- associated State the following information: refuse such conversion. Once such individual essing, storing, and power, space, and cooling (1) The name of the individual to be trans- no longer occupies the position, the position across the life cycle of the program; and ferred or released. may be converted to the excepted service. ‘‘(ii) costs for processing, exploitation, dis- (2) The country or the freely associated ‘‘(3) In this subsection, the term ‘covered semination, and storage scheduled to be exe- State to which such individual is to be trans- department’ means the Department of En- cuted in other elements of the intelligence ferred or released. ergy, the Department of Homeland Security, community.’’. (3) The terms of any agreement with the the Department of State, or the Department (b) EFFECTIVE DATE.—The amendments country or the freely associated State for of the Treasury.’’. made by this section shall take effect on the the acceptance of such individual, including SEC. 305. PREPARATION OF NUCLEAR PRO- date that is 180 days after the date of the en- the amount of any financial assistance re- LIFERATION ASSESSMENT STATE- actment of this Act. lated to such agreement. MENTS. SEC. 307. UPDATES OF INTELLIGENCE RELATING (4) The agencies or departments of the Section 102A of the National Security Act TO TERRORIST RECIDIVISM OF DE- United States responsible for ensuring that of 1947 (50 U.S.C. 403–1), as amended by sec- TAINEES HELD AT UNITED STATES the agreement described in paragraph (3) is tion 304 of this Act, is further amended by NAVAL STATION, GUANTANAMO BAY, carried out. adding at the end the following new sub- CUBA. (b) DEFINITION.—In this section, the term section: (a) UPDATES AND CONSOLIDATION OF LAN- ‘‘freely associated States’’ means the Fed- ‘‘(w) NUCLEAR PROLIFERATION ASSESSMENT GUAGE.— erated States of Micronesia, the Republic of STATEMENTS INTELLIGENCE COMMUNITY AD- (1) IN GENERAL.—Title V of the National the Marshall Islands, and the Republic of DENDUM.—The Director of National Intel- Security Act of 1947 (50 U.S.C. 413 et seq.) is Palau. ligence, in consultation with the heads of the amended by inserting after section 506H the (c) CONSTRUCTION WITH OTHER REQUIRE- appropriate elements of the intelligence following new section: MENTS.—Nothing in this section shall be con- community and the Secretary of State, shall strued to supersede or otherwise affect the provide to the President, the congressional ‘‘SUMMARY OF INTELLIGENCE RELATING TO TER- following provisions of law: intelligence committees, the Committee on RORIST RECIDIVISM OF DETAINEES HELD AT (1) Section 1028 of the National Defense Au- Foreign Affairs of the House of Representa- UNITED STATES NAVAL STATION, GUANTA- thorization Act for Fiscal Year 2012. tives, and the Committee on Foreign Rela- NAMO BAY, CUBA (2) Section 8120 of the Department of De- tions of the Senate an addendum to each Nu- ‘‘SEC. 506I. (a) IN GENERAL.—The Director fense Appropriations Act, 2012. clear Proliferation Assessment Statement of National Intelligence, in consultation SEC. 309. ENHANCED PROCUREMENT AUTHORITY accompanying a civilian nuclear cooperation with the Director of the Central Intelligence TO MANAGE SUPPLY CHAIN RISK. agreement, containing a comprehensive Agency and the Director of the Defense In- (a) DEFINITIONS.—In this section: analysis of the country’s export control sys- telligence Agency, shall make publicly avail- (1) COVERED AGENCY.—The term ‘‘covered tem with respect to nuclear-related matters, able an unclassified summary of— agency’’ means any element of the intel- including interactions with other countries ‘‘(1) intelligence relating to recidivism of ligence community other than an element of proliferation concern and the actual or detainees currently or formerly held at the within the Department of Defense. suspected nuclear, dual-use, or missile-re- Naval Detention Facility at Guantanamo (2) COVERED ITEM OF SUPPLY.—The term lated transfers to such countries.’’. Bay, Cuba, by the Department of Defense; ‘‘covered item of supply’’ means an item of information technology (as that term is de- SEC. 306. COST ESTIMATES. and fined in section 11101 of title 40, United (a) IN GENERAL.—Section 506A of the Na- ‘‘(2) an assessment of the likelihood that such detainees will engage in terrorism or States Code) that is purchased for inclusion tional Security Act of 1947 (50 U.S.C. 415a–1) in a covered system, and the loss of integrity is amended— communicate with persons in terrorist orga- nizations. of which could result in a supply chain risk (1) in subsection (a)(2)— for a covered system. ‘‘(b) UPDATES.—Not less frequently than (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and (3) COVERED PROCUREMENT.—The term once every 6 months, the Director of Na- (B) by adding at the end the following new ‘‘covered procurement’’ means— tional Intelligence, in consultation with the subparagraph: (A) a source selection for a covered system Director of the Central Intelligence Agency ‘‘(B) For major system acquisitions requir- or a covered item of supply involving either ing a service or capability from another ac- and the Secretary of Defense, shall update a performance specification, as provided in quisition or program to deliver the end-to- and make publicly available an unclassified section 3306(a)(3)(B) of title 41, United States end functionality for the intelligence com- summary consisting of the information re- Code, or an evaluation factor, as provided in munity end users, independent cost esti- quired by subsection (a) and the number of section 3306(b)(1) of such title, relating to mates shall include, to the maximum extent individuals formerly detained at Naval Sta- supply chain risk; practicable, all estimated costs across all tion, Guantanamo Bay, Cuba, who are con- (B) the consideration of proposals for and pertinent elements of the intelligence com- firmed or suspected of returning to terrorist issuance of a task or delivery order for a cov- munity. For collection programs, such cost activities after release or transfer from such ered system or a covered item of supply, as estimates shall include the cost of new ana- Naval Station.’’. provided in section 4106(d)(3) of title 41, lyst training, new hardware and software for (2) INITIAL UPDATE.—The initial update re- United States Code, where the task or deliv- data exploitation and analysis, and any quired by section 506I(b) of such Act, as ery order contract concerned includes a con- unique or additional costs for data proc- added by paragraph (1) of this subsection, tract clause establishing a requirement re- essing, storing, and power, space, and cooling shall be made publicly available not later lating to supply chain risk; or across the life cycle of the program. If such than 10 days after the date the first report (C) any contract action involving a con- costs for processing, exploitation, dissemina- following the date of the enactment of the tract for a covered system or a covered item tion, and storage are scheduled to be exe- Intelligence Authorization Act for Fiscal of supply where such contract includes a cuted in other elements of the intelligence Year 2012 is submitted to members and com- clause establishing requirements relating to community, the independent cost estimate mittees of Congress pursuant to section 319 supply chain risk. shall identify and annotate such costs for of the Supplemental Appropriations Act, 2009 (4) COVERED PROCUREMENT ACTION.—The such other elements accordingly.’’; and (Public Law 111–32; 10 U.S.C. 801 note). term ‘‘covered procurement action’’ means (2) in subsection (e)(2)— (b) TABLE OF CONTENTS AMENDMENT.—The any of the following actions, if the action (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; table of contents in the first section of the takes place in the course of conducting a (B) in subparagraph (A), as so designated, National Security Act of 1947 is amended by covered procurement: by striking ‘‘associated with the acquisition inserting after the item relating to section (A) The exclusion of a source that fails to of a major system,’’ and inserting ‘‘associ- 506H the following new item: meet qualifications standards established in

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.035 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8607 accordance with the requirements of section strued to alter or effect the exercise of any serting ‘‘report referred to in subsection 3311 of title 41, United States Code, for the other provision of law. (a)’’. purpose of reducing supply chain risk in the (f) EFFECTIVE DATE.—The requirements of (d) REPORT ON TEMPORARY PERSONNEL AU- acquisition of covered systems. this section shall take effect on the date THORIZATIONS FOR CRITICAL LANGUAGE TRAIN- (B) The exclusion of a source that fails to that is 180 days after the date of the enact- ING.—Paragraph (3)(D) of section 102A(e) of achieve an acceptable rating with regard to ment of this Act and shall apply to contracts the National Security Act of 1947 (50 U.S.C. an evaluation factor providing for the con- that are awarded on or after such date. 403–1(e)), as amended by section 306 of the In- sideration of supply chain risk in the evalua- (g) SUNSET.—The authority provided in telligence Authorization Act for Fiscal Year tion of proposals for the award of a contract this section shall expire on the date that sec- 2010 (Public Law 111–259; 124 Stat. 2661), is or the issuance of a task or delivery order. tion 806 of the Ike Skelton National Defense amended by striking ‘‘The’’ and inserting (C) The decision to withhold consent for a Authorization Act for Fiscal Year 2011 (Pub- ‘‘For each of the fiscal years 2010, 2011, and contractor to subcontract with a particular lic Law 111–383; 10 U.S.C. 2304 note) expires. 2012, the’’. source or to direct a contractor for a covered SEC. 310. BURIAL ALLOWANCE. SEC. 312. REVIEW OF STRATEGIC AND COMPETI- system to exclude a particular source from (a) AUTHORIZATION TO PROVIDE.— TIVE ANALYSIS CONDUCTED BY THE consideration for a subcontract under the (1) IN GENERAL.—The head of an agency or INTELLIGENCE COMMUNITY. contract. department containing an element of the in- (a) REVIEW.—The Director of National In- telligence shall direct the Director’s Senior (5) COVERED SYSTEM.—The term ‘‘covered telligence community may pay to the estate Advisory Group to conduct a comprehensive system’’ means a national security system, of a decedent described in paragraph (2) a review of the strategic and competitive anal- as that term is defined in section 3542(b) of burial allowance at the request of a rep- ysis of international terrorism and home- title 44, United States Code. resentative of such estate, as determined in grown violent extremism conducted by ele- (6) SUPPLY CHAIN RISK.—The term ‘‘supply accordance with the laws of a State. ments of the intelligence community during chain risk’’ means the risk that an adversary (2) DESCRIPTION.—A decedent described in the 12 month period beginning on the date of may sabotage, maliciously introduce un- this paragraph is an individual— the enactment of this Act. wanted function, or otherwise subvert the (A) who served as a civilian officer or em- ECOMMENDATIONS.—Not later than 15 ployee of such an agency or department; (b) R design, integrity, manufacturing, produc- months after the date of the enactment of (B) who died as a result of an injury in- tion, distribution, installation, operation, or this Act, the Director of the National Intel- curred during such service; and maintenance of a covered system so as to ligence shall submit to the congressional in- (C) whose death— surveil, deny, disrupt, or otherwise degrade telligence committees— (i) resulted from hostile or terrorist activi- the function, use, or operation of such sys- (1) a report on the results of the review ties; or tem. conducted under subsection (a); and (b) AUTHORITY.—Subject to subsection (c) (ii) occurred in connection with an intel- (2) any actions taken by the Director to and in consultation with the Director of Na- ligence activity having a substantial ele- implement the recommendations, if any, of tional Intelligence, the head of a covered ment of risk. the Director’s Senior Advisory Group based agency may, in conducting intelligence and (b) USE OF BURIAL ALLOWANCE.—A burial on such results. intelligence-related activities— allowance paid under subsection (a) may be (1) carry out a covered procurement action; used to reimburse such estate for burial ex- TITLE IV—MATTERS RELATING TO ELE- and penses, including recovery, mortuary, fu- MENTS OF THE INTELLIGENCE COMMU- (2) limit, notwithstanding any other provi- neral, or memorial service, cremation, burial NITY sion of law, in whole or in part, the disclo- costs, and costs of transportation by com- Subtitle A—Office of the Director of National sure of information relating to the basis for mon carrier to the place selected for final Intelligence carrying out a covered procurement action. disposition of the decedent. SEC. 401. INTELLIGENCE COMMUNITY ASSIST- (c) DETERMINATION AND NOTIFICATION.—The (c) AMOUNT OF BURIAL ALLOWANCE; RELA- ANCE TO COUNTER DRUG TRAF- head of a covered agency may exercise the TIONSHIP TO OTHER PROVISIONS.—A burial al- FICKING ORGANIZATIONS USING authority provided in subsection (b) only lowance paid under subsection (a) shall be— PUBLIC LANDS. after— (1) in an amount not greater than— (a) CONSULTATION.—The Director of Na- (1) any appropriate consultation with pro- (A) the maximum reimbursable amount al- tional Intelligence shall consult with the curement or other relevant officials of the lowed under Department of Defense Instruc- heads of the Federal land management agen- covered agency; tion 1344.08 or successor instruction; plus cies on the appropriate actions the intel- (2) making a determination in writing, (B) the actual costs of transportation re- ligence community can take to assist such which may be in classified form, that— ferred to in subsection (b); and agencies in responding to the threat from (A) use of the authority in subsection (b)(1) (2) in addition to any other benefit per- covered entities that are currently or have is necessary to protect national security by mitted under any other provision of law, in- previously used public lands in the United reducing supply chain risk; cluding funds that may be expended as speci- States to further the operations of such enti- (B) less intrusive measures are not reason- fied in the General Provisions section of the ties. ably available to reduce such supply chain classified annex accompanying this Act. (b) REPORT.—Not later than 180 days after risk; and (d) REPORT.—Not later than 180 days after the date of the enactment of this Act, the (C) in a case where the head of the covered the date of the enactment of this Act, the Director of National Intelligence shall sub- agency plans to limit disclosure of informa- Director of the Office of Personnel Manage- mit to the congressional intelligence com- tion under subsection (b)(2), the risk to na- ment, in consultation with the Director of mittees, the Committee on the Judiciary of tional security due to the disclosure of such National Intelligence, the Secretary of the Senate, and the Committee on the Judi- information outweighs the risk due to not Labor, and the Secretary of Defense, shall ciary of the House of Representatives a re- disclosing such information; submit to Congress a report on the feasi- port on the results of the consultation under (3) notifying the Director of National Intel- bility of implementing legislation to provide subsection (a). Such report shall include— ligence that there is a significant supply for burial allowances at a level which ade- (1) an assessment of the intelligence com- chain risk to the covered system concerned, quately addresses the cost of burial expenses munity collection efforts dedicated to cov- unless the head of the covered agency mak- and provides for equitable treatment when ered entities, including any collection gaps ing the determination is the Director of Na- an officer or employee of a Federal agency or or inefficiencies; and tional Intelligence; and department dies as the result of an injury (2) an assessment of the ability of the in- (4) providing a notice, which may be in sustained in the performance of duty. telligence community to assist Federal land classified form, of the determination made SEC. 311. MODIFICATION OF CERTAIN REPORT- management agencies in identifying and pro- under paragraph (2) to the congressional in- ING REQUIREMENTS. tecting public lands from illegal drug grows telligence committees that includes a sum- (a) INTELLIGENCE REFORM AND TERRORISM and other activities and threats of covered mary of the basis for the determination, in- PREVENTION ACT OF 2004.—Section 1041(b) of entities, including through the sharing of in- cluding a discussion of less intrusive meas- the Intelligence Reform and Terrorism Pre- telligence information. ures that were considered and why they were vention Act of 2004 (50 U.S.C. 403–1b(b)) is (c) DEFINITIONS.—In this section: not reasonably available to reduce supply amended by striking paragraphs (3) and (4). (1) COVERED ENTITY.—The term ‘‘covered chain risk. (b) INTELLIGENCE AUTHORIZATION ACT FOR entity’’ means an international drug traf- (d) DELEGATION.—The head of a covered FISCAL YEAR 2003.—Section 904(d)(1) of the ficking organization or other actor involved agency may not delegate the authority pro- Intelligence Authorization Act for Fiscal in drug trafficking generally. vided in subsection (b) or the responsibility Year 2003 (50 U.S.C. 402c(d)(1)) is amended by (2) FEDERAL LAND MANAGEMENT AGENCY.— to make a determination under subsection striking ‘‘on an annual basis’’. The term ‘‘Federal land management agen- (c) to an official below the level of the serv- (c) INTELLIGENCE AUTHORIZATION ACT FOR cy’’ includes— ice acquisition executive for the agency con- FISCAL YEAR 1995.—Section 809 of the Intel- (A) the Forest Service of the Department cerned. ligence Authorization Act for Fiscal Year of Agriculture; (e) SAVINGS.—The authority under this sec- 1995 (50 U.S.C. App. 2170b) is amended— (B) the Bureau of Land Management of the tion is in addition to any other authority (1) by striking subsection (b); and Department of the Interior; under any other provision of law. The au- (2) in subsection (c), by striking ‘‘reports (C) the National Park Service of the De- thority under this section shall not be con- referred to in subsections (a) and (b)’’ and in- partment of the Interior;

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.035 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8608 CONGRESSIONAL RECORD — SENATE December 14, 2011 (D) the Fish and Wildlife Service of the De- ‘‘(2) Any gift accepted under this section (2) in paragraph (2), by striking ‘‘position partment of the Interior; and (and any income produced by any such or category of positions’’ both places that (E) the Bureau of Reclamation of the De- gift)— term appears and inserting ‘‘position, cat- partment of the Interior. ‘‘(A) may be used only for—’’ egory of positions, or occupation’’. (3) PUBLIC LANDS.—The term ‘‘public ‘‘(i) artistic display; (b) EFFECTIVE DATE.—Section 611(b) of the lands’’ means land under the management of ‘‘(ii) purposes relating to the general wel- Intelligence Authorization Act for Fiscal a Federal land management agency. fare, education, or recreation of employees Year 2005 (Public Law 108–487; 50 U.S.C. 403– SEC. 402. APPLICATION OF CERTAIN FINANCIAL or dependents of employees of the Agency or 4a note) is amended— REPORTING REQUIREMENTS TO THE for similar purposes; or (1) by inserting ‘‘or promotions’’ after ‘‘ap- OFFICE OF THE DIRECTOR OF NA- ‘‘(iii) purposes relating to the welfare, edu- pointments’’; and TIONAL INTELLIGENCE. cation, or recreation of an individual de- (2) by striking ‘‘that is one year after the For each of the fiscal years 2010, 2011, and scribed in paragraph (3); and date’’. 2012, the requirements of section 3515 of title ‘‘(B) under no circumstances may such a (c) REPORT ON WAIVERS.—Section 611(c) of 31, United States Code, to submit an audited gift (or any income produced by any such the Intelligence Authorization Act for Fiscal financial statement shall not apply to the gift) be used for operational purposes. Year 2005 (Public Law 108–487; 118 Stat. 3955) Office of the Director of National Intel- ‘‘(3) An individual described in this para- is amended— ligence if the Director of National Intel- graph is an individual who— (1) in the first sentence— ligence determines and notifies Congress ‘‘(A) is an employee or a former employee (A) by striking ‘‘positions’’ and inserting that audited financial statements for such of the Agency who suffered injury or illness ‘‘individual waivers’’; and years for such Office cannot be produced on while employed by the Agency that— (B) by striking ‘‘Directorate of Oper- a cost-effective basis. ‘‘(i) resulted from hostile or terrorist ac- ations’’ and inserting ‘‘National Clandestine SEC. 403. PUBLIC AVAILABILITY OF INFORMA- tivities; Service’’; and TION REGARDING THE INSPECTOR ‘‘(ii) occurred in connection with an intel- (2) in the second sentence, by striking ‘‘po- GENERAL OF THE INTELLIGENCE ligence activity having a significant element sition or category of positions’’ and inserting COMMUNITY. of risk; or ‘‘position, category of positions, or occupa- Section 103H of the National Security Act ‘‘(iii) occurred under other circumstances tion’’. of 1947 (50 U.S.C. 403–3h) is amended by add- determined by the Director to be analogous (d) REPORT ON TRANSFERS.—Not later than ing at the end the following new subsection: to the circumstances described in clause (i) 45 days after the date of the enactment of ‘‘(o) INFORMATION ON WEBSITE.—(1) The Di- or (ii); this Act, and on an annual basis for each of rector of National Intelligence shall estab- ‘‘(B) is a family member of such an em- the following 3 years, the Director of the lish and maintain on the homepage of the ployee or former employee; or Central Intelligence Agency shall submit to publicly accessible website of the Office of ‘‘(C) is a surviving family member of an the congressional intelligence committees a the Director of National Intelligence infor- employee of the Agency who died in cir- report on the number of Senior Intelligence mation relating to the Office of the Inspector cumstances described in clause (i), (ii), or Service employees of the Agency who— General of the Intelligence Community in- (iii) of subparagraph (A). (1) were transferred during the reporting cluding methods to contact the Inspector ‘‘(4) The Director may not accept any gift period to a Senior Intelligence Service posi- General. under this section that is expressly condi- tion in the Directorate of Intelligence career ‘‘(2) The information referred to in para- tioned upon any expenditure not to be met service or the National Clandestine Service graph (1) shall be obvious and facilitate ac- from the gift itself or from income produced career service; and cessibility to the information related to the by the gift unless such expenditure has been (2) did not meet the foreign language re- Office of the Inspector General of the Intel- authorized by law. quirements specified in section 104A(g)(1) of ligence Community.’’. ‘‘(5) The Director may, in the Director’s the National Security Act of 1947 (50 U.S.C. SEC. 404. CLARIFICATION OF STATUS OF CHIEF discretion, determine that an individual de- 403–4a(g)(1)) at the time of such transfer. INFORMATION OFFICER IN THE EX- scribed in subparagraph (A) or (B) of para- SEC. 413. PUBLIC AVAILABILITY OF INFORMA- ECUTIVE SCHEDULE. graph (3) may accept a gift for the purposes TION REGARDING THE INSPECTOR Section 5315 of title 5, United States Code, described in paragraph (2)(A)(iii).’’; and GENERAL OF THE CENTRAL INTEL- is amended by inserting after the item relat- (2) by adding at the end the following new LIGENCE AGENCY. ing to the Chief Information Officer, Small subsection: Section 17 of the Central Intelligence Business Administration the following new ‘‘(f) The Director, in consultation with the Agency Act of 1949 (50 U.S.C. 403q) is amend- item: Director of the Office of Government Ethics, ed by adding at the end the following new ‘‘Chief Information Officer of the Intel- shall issue regulations to carry out the au- subsection: ligence Community.’’. thority provided in this section. Such regula- ‘‘(h) INFORMATION ON WEBSITE.—(1) The Di- tions shall ensure that such authority is ex- rector of the Central Intelligence Agency SEC. 405. TEMPORARY APPOINTMENT TO FILL shall establish and maintain on the home- VACANCIES WITHIN OFFICE OF THE ercised consistent with all relevant ethical DIRECTOR OF NATIONAL INTEL- constraints and principles, including— page of the Agency’s publicly accessible LIGENCE. ‘‘(1) the avoidance of any prohibited con- website information relating to the Office of Section 103 of the National Security Act of flict of interest or appearance of impro- the Inspector General including methods to 1947 (50 U.S.C. 403–3) is amended— priety; and contact the Inspector General. (1) by redesignating subsection (e) as sub- ‘‘(2) a prohibition against the acceptance of ‘‘(2) The information referred to in para- section (f); and a gift from a foreign government or an agent graph (1) shall be obvious and facilitate ac- (2) by inserting after subsection (d) the fol- of a foreign government.’’. cessibility to the information related to the lowing new subsection: SEC. 412. FOREIGN LANGUAGE PROFICIENCY RE- Office of the Inspector General.’’. ‘‘(e) TEMPORARY FILLING OF VACANCIES.— QUIREMENTS FOR CENTRAL INTEL- SEC. 414. CREATING AN OFFICIAL RECORD OF With respect to filling temporarily a va- LIGENCE AGENCY OFFICERS. THE OSAMA BIN LADEN OPERATION. cancy in an office within the Office of the Di- (a) IN GENERAL.—Section 104A(g) of the Na- (a) FINDINGS.—Congress finds the fol- rector of National Intelligence (other than tional Security Act of 1947 (50 U.S.C. 403– lowing: that of the Director of National Intel- 4a(g)) is amended— (1) On May 1, 2011, United States personnel ligence), section 3345(a)(3) of title 5, United (1) in paragraph (1)— killed terrorist leader Osama bin Laden dur- States Code, may be applied— (A) in the matter preceding subparagraph ing the course of a targeted strike against ‘‘(1) in the matter preceding subparagraph (A)— his secret compound in Abbottabad, Paki- (A), by substituting ‘an element of the intel- (i) by inserting ‘‘in the Directorate of In- stan. ligence community, as that term is defined telligence career service or the National (2) Osama bin Laden was the leader of the in section 3(4) of the National Security Act Clandestine Service career service’’ after ‘‘an al Qaeda terrorist organization, the most of 1947 (50 U.S.C. 401a(4)),’ for ‘such Executive individual’’; significant terrorism threat to the United agency’; and (ii) by inserting ‘‘or promoted’’ after ‘‘ap- States and the international community. ‘‘(2) in subparagraph (A), by substituting pointed’’; and (3) Osama bin Laden was the architect of ‘the intelligence community’ for ‘such agen- (iii) by striking ‘‘individual—’’ and insert- terrorist attacks which killed nearly 3,000 ci- cy’.’’. ing ‘‘individual has been certified as having vilians on September 11, 2001, the most dead- a professional speaking and reading pro- ly terrorist attack against our Nation, in Subtitle B—Central Intelligence Agency ficiency in a foreign language, such pro- which al Qaeda terrorists hijacked four air- SEC. 411. ACCEPTANCE OF GIFTS. ficiency being at least level 3 on the Inter- planes and crashed them into the World Section 12 of the Central Intelligence agency Language Roundtable Language Trade Center in New York City, the Pen- Agency Act of 1949 (50 U.S.C. 403l(a)) is Skills Level or commensurate proficiency tagon in Washington, D.C., and, due to he- amended— level using such other indicator of pro- roic efforts by civilian passengers to disrupt (1) in subsection (a)— ficiency as the Director of the Central Intel- the terrorists, near Shanksville, Pennsyl- (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and ligence Agency considers appropriate.’’; vania. (B) by striking the second and third sen- (B) by striking subparagraphs (A) and (B); (4) Osama bin Laden planned or supported tences and inserting the following: and numerous other deadly terrorist attacks

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.035 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8609 against the United States and its allies, in- SEC. 415. RECRUITMENT OF PERSONNEL IN THE Subtitle D—Other Elements OFFICE OF THE INSPECTOR GEN- cluding the 1998 bombings of United States SEC. 431. CODIFICATION OF OFFICE OF INTEL- ERAL. embassies in Kenya and Tanzania and the LIGENCE AND ANALYSIS OF THE DE- 2000 attack on the U.S.S. Cole in Yemen, and (a) STUDY.—The Inspector General of the PARTMENT OF HOMELAND SECU- against innocent civilians in countries Office of Personnel Management, in con- RITY AS ELEMENT OF THE INTEL- LIGENCE COMMUNITY. around the world, including the 2004 attack sultation with the Inspector General of the on commuter trains in Madrid, Spain and the Section 3(4)(K) of the National Security Central Intelligence Agency, shall carry out 2005 bombings of the mass transit system in Act of 1947 (50 U.S.C. 401a(4)(K)) is amended a study of the personnel authorities and London, England. to read as follows: (5) Following the September 11, 2001, ter- available personnel benefits of the Office of ‘‘(K) The Office of Intelligence and Anal- rorist attacks, the United States, under the Inspector General of the Central Intel- ysis of the Department of Homeland Secu- President George W. Bush, led an inter- ligence Agency. Such study shall include— rity.’’. national coalition into Afghanistan to dis- (1) identification of any barriers or dis- SEC. 432. FEDERAL BUREAU OF INVESTIGATION mantle al Qaeda, deny them a safe haven in incentives to the recruitment or retention of PARTICIPATION IN THE DEPART- Afghanistan and ungoverned areas along the experienced investigators within the Office MENT OF JUSTICE LEAVE BANK. Subsection (b) of section 6372 of title 5, Pakistani border, and bring Osama bin of the Inspector General of the Central Intel- United States Code, is amended to read as Laden to justice. ligence Agency; and follows: (6) President Barack Obama in 2009 com- (2) a comparison of the personnel authori- ties of the Inspector General of the Central ‘‘(b)(1) Except as provided in paragraph (2) mitted additional forces and resources to ef- and notwithstanding any other provision of forts in Afghanistan and Pakistan as ‘‘the Intelligence Agency with personnel authori- ties of Inspectors General of other agencies this subchapter, neither an excepted agency central front in our enduring struggle nor any individual employed in or under an against terrorism and extremism’’. and departments of the United States, in- cluding a comparison of the benefits avail- excepted agency may be included in a leave (7) The valiant members of the United bank program established under any of the States Armed Forces have courageously and able to experienced investigators within the Office of the Inspector General of the Central preceding provisions of this subchapter. vigorously pursued al Qaeda and its affiliates ‘‘(2) Notwithstanding any other provision Intelligence Agency with similar benefits in Afghanistan and around the world. of law, the Director of the Federal Bureau of available within the offices of Inspectors (8) The , unsung heroes of the Investigation may authorize an individual intelligence community have pursued al General of such other agencies or depart- employed by the Bureau to participate in a Qaeda and affiliates in Afghanistan, Paki- ments. leave bank program administered by the De- stan, and around the world with tremendous (b) RECOMMENDATIONS.—Not later than 120 partment of Justice under this subchapter if dedication, sacrifice, and professionalism. days after the date of the enactment of this in the Director’s judgment such participa- (9) The close collaboration between the Act, the Inspector General of the Office of tion will not adversely affect the protection Armed Forces and the intelligence commu- Personnel Management shall submit to the of intelligence sources and methods.’’. nity prompted the Director of National In- congressional intelligence committees and SEC. 433. ACCOUNTS AND TRANSFER AUTHORITY telligence, General James Clapper, to state, the Committee on Homeland Security and FOR APPROPRIATIONS AND OTHER ‘‘Never have I seen a more remarkable exam- AMOUNTS FOR INTELLIGENCE ELE- ple of focused integration, seamless collabo- Governmental Affairs of the Senate and the MENTS OF THE DEPARTMENT OF DE- ration, and sheer professional magnificence Committee on Oversight and Government FENSE. as was demonstrated by the Intelligence Reform of the House of Representatives— (a) IN GENERAL.—Chapter 21 of title 10, Community in the ultimate demise of Osama (1) a report on the results of the study con- United States Code, is amended by inserting bin Laden.’’. ducted under subsection (a); and after section 428 the following new section: (10) While the death of Osama bin Laden (2) any recommendations for legislative ac- ‘‘§ 429. Appropriations for Defense intel- represents a significant blow to the al Qaeda tion based on such results. ligence elements: accounts for transfers; organization and its affiliates and to ter- (c) FUNDING.—Of the funds authorized to be transfer authority rorist organizations around the world, ter- appropriated by this Act, the Director of Na- ‘‘(a) ACCOUNTS FOR APPROPRIATIONS FOR rorism remains a critical threat to United tional Intelligence shall transfer to the In- DEFENSE INTELLIGENCE ELEMENTS.—The Sec- retary of Defense may transfer appropria- States national security. spector General of the Office of Personnel (11) President Obama said, ‘‘For over two tions of the Department of Defense which are Management such sums as may be necessary decades, bin Laden has been al Qaeda’s lead- available for the activities of Defense intel- to carry out this section. er and symbol, and has continued to plot at- ligence elements to an account or accounts tacks against our country and our friends Subtitle C—National Security Agency established for receipt of such transfers. and allies. The death of bin Laden marks the Each such account may also receive trans- most significant achievement to date in our SEC. 421. ADDITIONAL AUTHORITIES FOR NA- fers from the Director of National Intel- Nation’s effort to defeat al Qaeda.’’. TIONAL SECURITY AGENCY SECU- ligence if made pursuant to Section 102A of (b) SENSE OF CONGRESS.—It is the sense of RITY PERSONNEL. the National Security Act of 1947 (50 U.S.C. Congress that— (a) AUTHORITY TO TRANSPORT APPRE- 403-1), and transfers and reimbursements arising from transactions, as authorized by (1) the raid that killed Osama bin Laden HENDED PERSONS.—Paragraph (5) of section law, between a Defense intelligence element demonstrated the best of the intelligence 11(a) of the National Security Agency Act of community’s capabilities and teamwork; and another entity. Appropriation balances 1959 (50 U.S.C. 402 note) is amended to read as (2) for years to come, Americans will look in each such account may be transferred follows: back at this event as a defining point in the back to the account or accounts from which history of the United States; ‘‘(5) Agency personnel authorized by the such appropriations originated as appropria- (3) it is vitally important that the United Director under paragraph (1) may transport tion refunds. States memorialize all the events that led to an individual apprehended under the author- ‘‘(b) RECORDATION OF TRANSFERS.—Trans- the raid so that future generations will have ity of this section from the premises at fers made pursuant to subsection (a) shall be recorded as expenditure transfers. an official record of the events that tran- which the individual was apprehended, as de- spired before, during, and as a result of the ‘‘(c) AVAILABILITY OF FUNDS.—Funds trans- scribed in subparagraph (A) or (B) of para- ferred pursuant to subsection (a) shall re- operation; and graph (1), for the purpose of transferring (4) preserving this history now will allow main available for the same time period and such individual to the custody of law en- the United States to have an accurate ac- for the same purpose as the appropriation forcement officials. Such transportation count of the events while those that partici- from which transferred, and shall remain pated in the events are still serving in the may be provided only to make a transfer of subject to the same limitations provided in Government. custody at a location within 30 miles of the the act making the appropriation. (c) REPORT ON THE OPERATION THAT KILLED premises described in subparagraphs (A) and ‘‘(d) OBLIGATION AND EXPENDITURE OF OSAMA BIN LADEN.—Not later than 90 days (B) of paragraph (1).’’. FUNDS.—Unless otherwise specifically au- after the completion of the report being pre- thorized by law, funds transferred pursuant (b) CONFORMING AMENDMENT RELATING TO pared by the Center for the Study of Intel- to subsection (a) shall only be obligated and TORT LIABILITY.—Paragraph (1) of section ligence that documents the history of and expended in accordance with chapter 15 of lessons learned from the raid that resulted in 11(d) of the National Security Agency Act of title 31 and all other applicable provisions of the death of Osama bin Laden, the Director 1959 (50 U.S.C. 402 note) is amended— law. of the Central Intelligence Agency shall sub- (1) in subparagraph (B), by striking ‘‘or’’ at ‘‘(e) DEFENSE INTELLIGENCE ELEMENT DE- mit such report to the congressional intel- the end; FINED.—In this section, the term ‘Defense in- ligence committees. (2) in subparagraph (C), by striking the pe- telligence element’ means any of the Depart- (d) PRESERVATION OF RECORDS.—The Direc- riod at the end and inserting ‘‘; or’’; and ment of Defense agencies, offices, and ele- tor of the Central Intelligence Agency shall (3) by adding at the end the following new ments included within the definition of ‘in- preserve any records, including intelligence subparagraph: telligence community’ under section 3(4) of information and assessments, used to gen- ‘‘(D) transport an individual pursuant to the National Security Act of 1947 (50 U.S.C. erate the report described in subsection (c). subsection (a)(2).’’. 401a(4)).’’.

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(b) CLERICAL AMENDMENT.—The table of fense shall establish a coordinated strategy ency of such nomination) or Principal Dep- sections at the beginning of subchapter I of utilizing all available personnel and assets uty Director of National Intelligence,’’ after such chapter is amended by adding at the for intelligence collection and analysis to ‘‘in such department,’’; and end the following new item: identify and counter network activity and (2) by striking ‘‘Central Intelligence,’’ and ‘‘429. Appropriations for Defense intelligence operations in Pakistan and Afghanistan re- inserting ‘‘the Central Intelligence Agen- elements: accounts for trans- lating to the development and use of impro- cy,’’. fers; transfer authority.’’. vised explosive devices. SEC. 507. BUDGETARY EFFECTS. SEC. 434. REPORT ON TRAINING STANDARDS OF (2) CONTENTS.—The strategy established The budgetary effects of this Act, for the DEFENSE INTELLIGENCE WORK- under paragraph (1) shall identify— purpose of complying with the Statutory FORCE. (A) the networks that design improvised Pay-As-You-Go-Act of 2010, shall be deter- (a) REPORT.—Not later than 180 days after explosive devices, provide training on impro- mined by reference to the latest statement the date of the enactment of this Act, the vised explosive device assembly and employ- titled ‘‘Budgetary Effects of PAYGO Legisla- Director of National Intelligence and the ment, and smuggle improvised explosive de- tion’’ for this Act, submitted for printing in Under Secretary of Defense for Intelligence vice components into Afghanistan; the Congressional Record by the Chairman of shall submit to the Permanent Select Com- (B) the persons and organizations not di- the Senate Budget Committee, provided that mittee on Intelligence and the Committee on rectly affiliated with insurgents in Afghani- such statement has been submitted prior to Armed Services of the House of Representa- stan who knowingly enable the movement of the vote on passage. tives and the Select Committee on Intel- commercial products and material used in ligence and the Committee on Armed Serv- improvised explosive device construction f ices of the Senate a report on the training from factories and vendors in Pakistan into standards of the defense intelligence work- Afghanistan; AUTHORITY FOR COMMITTEES TO force. Such report shall include— (C) the financiers, financial networks, in- MEET (1) a description of existing training, edu- stitutions, and funding streams that provide COMMITTEE ON COMMERCE, SCIENCE, AND cation, and professional development stand- resources to the insurgency in Afghanistan; TRANSPORTATION ards applied to personnel of defense intel- and ligence components; and (D) the links to military, intelligence serv- Mr. REED. Mr. President, I ask unan- (2) an assessment of the ability to imple- ices, and government officials who are imous consent that the Committee on ment a certification program for personnel complicit in allowing the insurgent networks Commerce, Science, and Transpor- of the defense intelligence components based in Afghanistan to operate. tation be authorized to meet during on achievement of required training, edu- (b) REPORT AND IMPLEMENTATION.—Not the session of the Senate on December cation, and professional development stand- later than 120 days after the date of the en- ards. 14, 2011, at 10 a.m. in room SR–253 of actment of this Act, the Director of National the Russell Senate Office Building. (b) DEFINITIONS.—In this section: Intelligence and the Secretary of Defense (1) DEFENSE INTELLIGENCE COMPONENTS.— shall— The PRESIDING OFFICER. Without The term ‘‘defense intelligence components’’ (1) submit to the congressional intelligence objection, it is so ordered. means— committees and the Committees on Armed COMMITTEE ON ENVIRONMENT AND PUBLIC (A) the National Security Agency; Services of the House of Representatives and WORKS (B) the Defense Intelligence Agency; the Senate a report containing the strategy (C) the National Geospatial-Intelligence Mr. REED. Mr. President, I ask unan- established under subsection (a); and imous consent that the Committee on Agency; (2) implement such strategy. (D) the National Reconnaissance Office; Environment and Public Works be au- SEC. 504. SENSE OF CONGRESS REGARDING THE thorized to meet during the session of (E) the intelligence elements of the Army, PRIORITY OF RAILWAY TRANSPOR- the Navy, the Air Force, and the Marine TATION SECURITY. the Senate on December 14, 2011. Corps; and It is the sense of Congress that— The PRESIDING OFFICER. Without (F) other offices within the Department of (1) the nation’s railway transportation (in- objection, it is so ordered. Defense for the collection of specialized na- cluding subway transit) network is broad tional intelligence through reconnaissance COMMITTEE ON FINANCE and technically complex, requiring robust Mr. REED. Mr. President, I ask unan- programs. communication between private sector (2) DEFENSE INTELLIGENCE WORKFORCE.— stakeholders and the intelligence commu- imous consent that the Committee on The term ‘‘defense intelligence workforce’’ nity to identify, monitor, and respond to Finance be authorized to meet during means the personnel of the defense intel- threats; the session of the Senate on December ligence components. (2) the Department of Homeland Security 14, 2011, at 9:45 a.m., in room 215 of the TITLE V—OTHER MATTERS Office of Intelligence and Analysis maintains Dirksen Senate Office Building, to con- SEC. 501. REPORT ON AIRSPACE RESTRICTIONS a constructive relationship with other Fed- duct a hearing entitled ‘‘Alternative FOR USE OF UNMANNED AERIAL VE- eral agencies, state and local governments, HICLES ALONG THE BORDER OF THE Energy Tax Incentives: The Effect of and private entities to safeguard our rail- Short-Term Extensions on Alternative UNITED STATES AND MEXICO. ways; and Not later than 90 days after the date of the (3) railway transportation security (includ- Technology Investment, Domestic enactment of this Act, the Secretary of ing subway transit security) should continue Manufacturing, and Jobs.’’ Homeland Security shall submit to the con- to be prioritized in the critical infrastruc- The PRESIDING OFFICER. Without gressional intelligence committees, the Com- ture threat assessment developed by the Of- objection, it is so ordered. mittee on Homeland Security of the House of fice of Intelligence and Analysis and in- Representatives, and the Committee on COMMITTEE ON FOREIGN RELATIONS cluded in threat assessment budgets of the Homeland Security and Governmental Af- Mr. REED. Mr. President, I ask unan- intelligence community. fairs of the Senate a report on whether re- imous consent that the Committee on strictions on the use of airspace are ham- SEC. 505. TECHNICAL AMENDMENTS TO THE NA- Foreign Relations be authorized to pering the use of unmanned aerial vehicles TIONAL SECURITY ACT OF 1947. The National Security Act of 1947 (50 meet during the session of the Senate by the Department of Homeland Security on December 14, 2011, at 10 a.m., to hold along the international border between the U.S.C. 401 et seq.) is amended— United States and Mexico. (1) in section 3(6) (50 U.S.C. 401a(6)), by a European Affairs subcommittee hear- striking ‘‘Director of Central Intelligence’’ SEC. 502. SENSE OF CONGRESS REGARDING INTE- ing entitled, ‘‘The State of Human GRATION OF FUSION CENTERS. and inserting ‘‘Director of National Intel- Rights and the Rule of Law in Russia: It is the sense of Congress that ten years ligence’’; U.S. Policy Options.’’ after the terrorist attacks upon the United (2) in section 506(b) (50 U.S.C. 415a(b)), by The PRESIDING OFFICER. Without striking ‘‘Director of Central Intelligence.’’ States on September 11, 2001, the Secretary objection, it is so ordered. of Homeland Security, in consultation with and inserting ‘‘Director of National Intel- the Director of National Intelligence, should ligence.’’; and COMMITTEE ON HEALTH, EDUCATION, LABOR, continue to integrate and utilize fusion cen- (3) in section 506A(c)(2)(C) (50 U.S.C. 415a– AND PENSIONS ters to enlist all of the intelligence, law en- 1(c)(2)(C), by striking ‘‘National Foreign In- Mr. REED. Mr. President, I ask unan- forcement, and homeland security capabili- telligence Program’’ both places that term imous consent that the Committee on ties of the United States in a manner that is appears and inserting ‘‘National Intelligence Health, Education, Labor, and Pen- consistent with the Constitution to prevent Program’’. sions be authorized to meet during the acts of terrorism against the United States. SEC. 506. TECHNICAL AMENDMENTS TO TITLE 18, session of the Senate on December 14, SEC. 503. STRATEGY TO COUNTER IMPROVISED UNITED STATES CODE. EXPLOSIVE DEVICES. Section 351(a) of title 18, United States 2011, at 10 a.m., in room SD–430 of the (a) STRATEGY.— Code, is amended— Dirksen Senate Office Building. (1) ESTABLISHMENT.—The Director of Na- (1) by inserting ‘‘the Director (or a person The PRESIDING OFFICER. Without tional Intelligence and the Secretary of De- nominated to be Director during the pend- objection, it is so ordered.

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.035 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8611 COMMITTEE ON HOMELAND SECURITY AND IN THE NAVY tion and the Senate then resume legis- GOVERNMENTAL AFFAIRS The following named officers for appoint- lative session. Mr. REED. Mr. President, I ask unan- ment in the United States Navy to the grade The PRESIDING OFFICER. Without imous consent that the Committee on indicated under title 10, U.S.C., section 624: objection, it is so ordered. Homeland Security and Governmental To be rear admiral Mr. REID. As the Chair knows, Cal- Affairs be authorized to meet during Rear Adm. (lh) Barry L. Bruner endar No. 337 is Morgan Christen of the session of the Senate on December Rear Adm. (lh) Jerry K. Burroughs Alaska. 14, 2011, at 10 a.m. Rear Adm. (lh) James D. Cloyd f Rear Adm. (lh) Michael T. Franken The PRESIDING OFFICER. Without REAUTHORIZING THE BELARUS objection, it is so ordered. Rear Adm. (lh) Bradley R. Gehrke Rear Adm. (lh) Robert P. Girrier DEMOCRACY ACT OF 2004 COMMITTEE ON THE JUDICIARY Rear Adm. (lh) Paul A. Grosklags Mr. REID. Mr. President, I ask unan- Mr. REED. Mr. President, I ask unan- Rear Adm. (lh) Sinclair M. Harris imous consent that the Foreign Rela- imous consent that the Committee on Rear Adm. (lh) Margaret D. Klein tions Committee be discharged from the Judiciary be authorized to meet Rear Adm. (lh) Richard B. Landolt further consideration of H.R. 515 and during the session of the Senate on De- Rear Adm. (lh) Brian L. Losey Rear Adm. (lh) William F. Moran the Senate proceed to its immediate cember 14, 2011, at 10 a.m., in room SD– consideration. 226 of the Dirksen Senate Office Build- Rear Adm. (lh) Troy M. Shoemaker Rear Adm. (lh) Dixon R. Smith The PRESIDING OFFICER. Without ing, to conduct a hearing entitled Rear Adm. (lh) Robert L. Thomas, Jr. objection, it is so ordered. ‘‘Oversight of the Federal Bureau of In- IN THE COAST GUARD The clerk will report the bill by title. vestigation.’’ The bill clerk read as follows: The PRESIDING OFFICER. Without The following named officer for appoint- ment to serve as the Director of the Coast A bill (H.R. 515) to reauthorize the Belarus objection, it is so ordered. Guard Reserve pursuant to title 14, U.S.C., Democracy Act of 2004. SUBCOMMITTEE ON SECURITIES, INSURANCE, AND section 53 in the grade indicated: There being no objection, the Senate INVESTMENT To be rear admiral (lower half) proceeded to consider the bill. Mr. REED. Mr. President, I ask unan- RDML David R. Callahan AMENDMENT NO. 1462 imous consent that the Committee on Mr. REID. Mr. President, I ask unan- IN THE COAST GUARD Securities, Insurance, and Investment imous consent that the Kerry amend- The following named officer for appoint- be authorized to meet during the ses- ment No. 1462 be agreed to. sion of the Senate on December 14, ment in the United States Coast Guard Re- serve to the grade indicated under title 10, The PRESIDING OFFICER. Without 2011, at 9:30 a.m., to conduct a hearing U.S.C., section 12203: objection, it is so ordered. entitled ‘‘Examining Investor Risks in The amendment (No. 1462) was agreed To be rear admiral (lower half) Capital Raising.’’ to, as follows: Capt. Kurt B. Hinrichs The PRESIDING OFFICER. Without On page 6, line 19, strike ‘‘and’’ and insert objection, it is so ordered. The following named officers for appoint- ‘‘expanded its visa ban list, imposed addi- ment in the United States Coast Guard to tional financial sanctions on certain state- f the grade indicated under title 14, U.S.C., owned enterprises, and initiated prepara- PRIVILEGES OF THE FLOOR section 271: tions to freeze the assets of several individ- To be rear admiral (lower half) uals in Belarus. The’’. Mr. BARRASSO. Mr. President, I ask On page 10, line 9, strike ‘‘continue to’’. unanimous consent that Clay Robbins, Captain Mark E. Butt The PRESIDING OFFICER. The who is an intern serving in the office of Captain Linda L. Fagan Captain Thomas W. Jones question is on the engrossment of the Senator MERKLEY, the Presiding Offi- Captain Steven D. Poulin amendment and third reading of the cer, have the privilege of the floor for Captain James E. Rendon bill. the remainder of the day. Captain Joseph A. Servidio The amendment was ordered to be The PRESIDING OFFICER. Without f engrossed and the bill to be read the objection, it is so ordered. third time. Mr. FRANKEN. Mr. President, I ask LEGISLATIVE SESSION The bill was read the third time. unanimous consent that my legislative The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The bill fellows, Erin Boyd and Sharon ate will resume legislative session. having been read the third time, the Hessney, be given the privileges of the question is, Shall the bill pass? floor for the duration of today’s ses- f The bill (H.R. 515), as amended, was sion. UNANIMOUS CONSENT passed, as follows: The PRESIDING OFFICER. Without AGREEMENT—CALENDAR NO. 337 H.R. 515 objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Resolved, That the bill from the House of f Representatives (H.R. 515) entitled ‘‘An Act imous consent that following morning to reauthorize the Belarus Democracy Act of EXECUTIVE SESSION business tomorrow morning, Thursday, 2004.’’, do pass with the following amend- December 15, the Senate proceed to ex- ments: ecutive session to consider Calendar ø1¿On page 6, line 19, strike ‘‘and’’ and insert EXECUTIVE CALENDAR No. 337; that there be 30 minutes for de- ‘‘expanded its visa ban list, imposed additional Mr. REID. Mr. President, I ask unan- bate, equally divided in the usual form; financial sanctions on certain state-owned en- imous consent that the Senate proceed that upon the use or yielding back of terprises, and initiated preparations to freeze the assets of several individuals in Belarus. to executive session to consider the fol- time, the Senate resume legislative The’’. lowing nominations: Calendar Nos. 380, session, and at a time to be determined ø2¿On page 10, line 9, strike ‘‘continue to’’. 411, 458, and 459; that the nominations by the majority leader, in consultation Mr. REID. Mr. President, I ask unan- be confirmed en bloc; the motions to with the Republican leader, the Senate imous consent that the motion to re- reconsider be considered made and laid return to executive session, resume consider be laid upon the table, with no upon the table, with no intervening ac- consideration of the nomination, and intervening action or debate, and that tion or debate; that no further motions there be an additional 2 minutes for de- any statements related to the bill be be in order to any of the nominations; bate, equally divided in the usual form printed in the RECORD. that any related statements be printed prior to a vote on Calendar No. 337; The PRESIDING OFFICER. Without in the RECORD; that the President be that the motion to reconsider be con- objection, it is so ordered. immediately notified of the Senate’s sidered made and laid upon the table, f action and the Senate resume legisla- with no intervening action or debate; tive session. that no further motions be in order to INTELLIGENCE AUTHORIZATION The PRESIDING OFFICER. Without the nomination; that any statements ACT FOR FISCAL YEAR 2012 objection, it is so ordered. related to the nomination be printed in Mr. REID. Mr. President, I ask unan- The nominations considered and con- the RECORD; that the President be im- imous consent that the Senate proceed firmed are as follows: mediately notified of the Senate’s ac- to Calendar No. 161.

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.037 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8612 CONGRESSIONAL RECORD — SENATE December 14, 2011 The PRESIDING OFFICER. The Of course, the bill also provides sig- chairman of the committee, through- clerk will report the bill by title. nificant legislative provisions to give out the legislative process. He and his The bill clerk read as follows: the intelligence community the au- staff—in particular Martha Scott A bill (H.R. 1892) to authorize appropria- thorities and flexibilities it needs to Poindexter and Jacqueline Russell— tions for fiscal year 2012 for intelligence and continue protecting our national secu- have continued the bipartisan approach intelligence-related activities of the United rity and providing policymakers the in- that the committee followed in the last States Government, the Community Man- formation they need to make foreign Congress, and we have together agreed agement Account, and the Central Intel- ligence Agency Retirement and Disability policy and security decisions; and to every provision in the bill. System, and for other purposes. other provisions for the effective and As can be imagined, it has taken There being no objection, the Senate appropriate functioning of our intel- enormous effort to produce a third bill proceeded to consider the bill. ligence apparatus. in such a short time frame. I sincerely Mrs. FEINSTEIN. Mr. President, I I note that passage of the last intel- thank the efforts of the staff to review am very pleased to rise today in sup- ligence authorization bill occurred the President’s requested funding lev- port of the Senate’s passage of the In- shortly after the strike leading to the els and legislative provisions, to draft telligence Authorization Act of Fiscal death of Usama bin Laden in legislation, and to negotiate a final Year 2012. I understand that the House Abbottabad, Pakistan. Since then, the product. In particular, I thank Lorenzo of Representatives intends to consider intelligence community has had con- Goco, the Deputy Staff Director who this legislation on the suspension cal- tinued success in tracking and remov- has overseen the legislative efforts, Mi- endar later this week, so it should be ing terrorist threats to the United chael Davidson, the general counsel of enacted prior to the end of this session. States. Senior leaders and commanders the Senate Intelligence Committee This will be the third time in less of al-Qaida, including all of its affiliate until this past Labor Day, and Chris- than 15 months that the Congress will groups as well as militant organiza- tine Healey, who has carried the load enact an intelligence authorization tions involved in the Afghan war, have of the legislative work throughout and bill—including bills for fiscal years been removed from the fight, and ter- who replaced Mr. Davidson as general 2010, 2011, and 2012—after a 6 year hia- rorist plots and plotting have been dis- counsel. I also extend my appreciation tus in passing such legislation. What rupted. Among them, a plot to kill the for the work of Eric Losick and Mike this means is that Congress, through Saudi Ambassador to the United States Buchwald, majority counsel on the the Senate and House Intelligence was thwarted due to the skillful and Committee, and Jack Livingston and Committees, is restoring oversight cooperative efforts of the FBI, DEA, Kathleen Rice, the minority counsel. over the intelligence community and CIA, and others. Similarly, the Committee’s budget fulfilling our responsibility to thor- Intelligence has factored into signifi- staff has worked diligently and oughly examine intelligence policies cant policy decisions and U.S. actions, expertly in their preparation of the and budgets. including with respect to interdicting classified annex to this bill and in Unlike the last two authorization the proliferation of weapons, setting working with intelligence agencies to bills, this bill was completed contem- economic sanctions, protecting ISAF understand and guide their efforts. I poraneously with, instead of after, the forces in Afghanistan, blocking cyber thank the committee’s budget director, appropriations process that funds intel- attacks against our government and Peggy Evans, and the budget staff ligence efforts. The classified annex to certain critical infrastructure compa- through this period: Hayden Milberg, this legislation authorizes appropria- nies, and contributing to the NATO ef- Randy Bookout, Andrew Kerr, John tions for intelligence activities and has fort in Libya. Dickas, Paul Matulic, Matt Pollard, helped guide the work of the appropria- It is my hope that the provisions in Amy Hopkins, Jamal Ware, Iram Ali, tions committees as they considered this bill will continue to aid the intel- Jeffrey Howard, Andy Grotto, Jim intelligence spending. The days when ligence community as it conducts its Smythers, Brian Miller, Eric Chapman, the intelligence community can bypass missions; ensure better stewardship of John Maguire, Tyler Stephens, Evan the intelligence committees and deal taxpayer dollars; and support its thou- Gottesman, Brian Walsh, Ryan Tully, solely with the appropriations commit- sands of civilians and military employ- and Christian Cook. tees are over. ees. I also appreciate the work and rela- Since receiving the President’s budg- Among other things, this bill in- tionship with Chairman ROGERS and et request for the intelligence commu- cludes: A section that provides for bur- Ranking Member RUPPERSBERGER of nity in February, the Intelligence Com- ial allowances for intelligence employ- the House Permanent Select Com- mittee has recognized that the massive ees killed in the line of duty, similar to mittee on Intelligence. The version of increase in intelligence spending over those for members of the U.S. military; the legislation approved today builds the past decade has come to an end. New procurement authorities that en- on the House legislation, and our two Our original bill, reported to the Sen- able intelligence agencies to protect committees have consulted closely ate in August of this year, reduced in- against supply chain risk to informa- throughout this process. We held a telligence spending below the Presi- tion technologies; a measure author- joint open hearing on the tenth anni- dent’s request. Since then, we have izing new accounts at the Department versary of the September 11, 2011, at- worked closely with the House Intel- of Treasury that will enable defense in- tacks and I look forward to continuing ligence Committee, the Senate Appro- telligence agencies to become finan- to work together next year to enact priations Committee, and the execu- cially auditable; Provisions that the fiscal year 2013 intelligence author- tive branch to reflect the spending re- strengthen congressional oversight of ization bill. ductions set in the Budget Control Act the transfer of detainees from Guanta- Let me also note my appreciation for of 2011. The legislation we are approv- namo Bay; a section that will improve two other Senate committees. The Sen- ing today keeps funding for intel- the accuracy of intelligence commu- ate Appropriations Subcommittee on ligence essentially flat from fiscal year nity cost estimates; and Provisions Defense has closely followed our au- 2011, representing the a meaningful re- that provide the Director of National thorizations as it drafted its appropria- duction from the President’s request. Intelligence with needed personnel tions bill. This underscores the work As we look to 2013, many more dif- management authorities. done in our bill, and limits to a min- ficult decisions will need to be made to As I noted, the bill contains a 275- imum the cases where the authoriza- make further reductions to intel- page classified schedule and annex that tion and appropriations levels do not ligence spending. It is my belief that authorizes intelligence funding and im- match. real reductions in intelligence spending plements the committee’s oversight We have also worked over the past can be accomplished without sacri- findings over the past year. That annex week with the Senate Armed Services ficing capability, but this will require is available to all Senators in the intel- Committee to include language in the a rigorous review and the executive ligence committee’s offices. classified annex to this bill concerning branch being more forthcoming than it Mr. President, let me note my sin- the Military Intelligence Program and has been to date about where it be- cere appreciation for the close collabo- a military construction program au- lieves cuts are possible. ration of Senator CHAMBLISS, the vice thorized for the National Security

VerDate Mar 15 2010 03:59 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G14DE6.085 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8613 Agency. The Armed Services Com- Section 103. Personnel Ceiling Adjustments Account as specified in the classified Sched- mittee and the Intelligence Committee Section 103 is intended to provide addi- ule of Authorizations and permits the fund- both exercise jurisdiction over military tional flexibility to the Director of National ing for advanced research and development construction projects with intelligence Intelligence (DNI) in managing the civilian to remain available through September 30, 2013. funding; in this instance, the two com- personnel of the Intelligence Community. TITLE II—CENTRAL INTELLIGENCE AGENCY mittees have both included authoriza- Section 103(a) provides that the DNI may au- thorize employment of civilian personnel RETIREMENT AND DISABILITY SYSTEM tions for the High Performance Com- (expressed as full-time equivalent positions) Section 201. Authorization of appropriations puting Center II, and have jointly in Fiscal Year 2012 in excess of the number of Section 201 authorizes appropriations in agreed to the language included in this authorized full-time equivalent positions by the amount of $514,000,000 for Fiscal Year annex. an amount not exceeding 3 percent of the 2012 for the Central Intelligence Agency Finally, Mr. President, I note that total limit applicable to each IC element (CIA) Retirement and Disability Fund. For while there is no committee report or under Section 102. The DNI may do so only if Fiscal Year 2011, Congress authorized conference report associated with the necessary to the performance of important $292,000,000. While that level was consistent text that we are approving today, the intelligence functions. with prior authorizations, it did not fully Intelligence Committee issued a report Section 103(b) provides additional flexi- fund, as prior authorizations had not fully bility when the heads of Intelligence Com- to accompany the bill it reported to funded, the obligations of the Fund. The Fis- munity elements determine that work cur- cal Year 2012 increase is based on the Admin- the Senate in August. As the legisla- rently performed by contract personnel istration’s determination, which the con- tion has changed since House passage should be performed by government employ- gressional intelligence committees support, of its authorization bill and consider- ees. It does so by authorizing the DNI to au- that the obligations of this retirement and ation today of this amendment, I ask thorize employment of additional full-time disability system should be fully funded. unanimous consent to have printed in equivalent personnel in a number equal to TITLE III—GENERAL INTELLIGENCE COMMUNITY the RECORD a section-by-section anal- the number of full-time equivalent contract MATTERS ysis of the legislation so as to provide personnel currently performing that work. Section 301. Increase in employee compensation for the legislative history needed to ex- Under this section, any exercise of this au- and benefits authorized by law thority should be implemented in accordance Section 301 provides that funds authorized plain the authors’ intent and better with a plan that includes adequate support to be appropriated by this Act for salary, clarify the effects of the provisions in- for personnel. It is intended that the exercise pay, retirement, and other benefits for fed- cluded. of this authority should result in an actual eral employees may be increased by such ad- There being no objection, the mate- reduction of the number of contract per- ditional or supplemental amounts as may be rial was ordered to be printed in the sonnel and not a shift of resources to hire necessary for increases in compensation or other contract personnel. RECORD, as follows: benefits authorized by law. For purposes of the legislative history of The DNI must report the decision to allow an Intelligence Community element to ex- Section 302. Restriction on conduct of intel- the Intelligence Authorization Act for Fiscal ligence activities Year 2012, the Managers Amendment we will ceed the personnel ceiling or to convert con- pass today is an amendment in the nature of tract personnel under Section 103(a) and (b) Section 302 provides that the authorization of appropriations by the Act shall not be a substitute to H.R. 1892. In large measure, in advance to the congressional intelligence deemed to constitute authority for the con- the legislative text of H.R. 1892 and this committees. duct of any intelligence activity that is not Managers Amendment follows the legislative During consideration of the Fiscal Year otherwise authorized by the Constitution or text of S. 1458, reported from the Select Com- 2008 request, the congressional intelligence laws of the United States. mittee on Intelligence on August 1, 2011, Re- committees learned that practices within port No. 112–43. The Managers Amendment different elements of the Intelligence Com- Section 303. Annual report on hiring of National also includes a classified Schedule of Author- munity on the counting of personnel with re- Security Education Program participants izations and annex; this is a modified version spect to legislatively-fixed ceilings were in- Section 303 requires a report not later than of the classified Schedule and annex that consistent, and included not counting cer- 90 days after the end of the fiscal years 2012, were passed by the House of Representatives. tain personnel at all against personnel ceil- 2013, and 2014, by the head of each element of They have been made available to the Execu- ings. The committees requested that the In- the Intelligence Community on the number tive Branch and appropriate congressional telligence Community Chief Human Capital of personnel hired by such element during committees. The report language in the Officer ensure that by the beginning of Fis- such fiscal year who were at any time recipi- annex should be understood to represent con- cal Year 2010 there would be a uniform and ents of a grant or scholarship under the gressional intent where reference is made to accurate method of counting all Intelligence David L. Boren National Security Education the Committee. Community employees under a system of Act of 1991 (50 USC 1901 et seq.). The report personnel levels expressed as full-time may be in classified form. SECTION-BY-SECTION ANALYSIS AND equivalents. The committees also expressed EXPLANATION Section 304. Enhancement of authority for flexi- their view that the DNI express the per- ble personnel management among the ele- TITLE I—BUDGET AND PERSONNEL sonnel levels for civilian employees of the ments of the intelligence community AUTHORIZATIONS Intelligence Community as full-time equiva- Section 304 adds a subsection to Section Section 101. Authorization of appropriations lent positions in the congressional budget 102A of the National Security Act of 1947 to Section 101 lists the United States Govern- justifications for Fiscal Year 2010. The DNI promote the ability to manage all the ele- ment departments, agencies, and other ele- has done so. In addition, the DNI has issued ments of the Intelligence Community as a ments for which the Act authorizes appro- a policy to ensure a uniform method for single cohesive community. The new Sub- priations for intelligence and intelligence-re- counting Intelligence Community employ- section 102A(v) enables the DNI, with the lated activities for Fiscal Year 2012. ees. Subsection (c) confirms in statute the concurrence of the head of the covered de- Section 102. Classified Schedule of Authoriza- obligation of the DNI to establish these partment concerned and in coordination tions guidelines. with the Director of the Office of Personnel Section 102(a) provides that the details of Section 104. Intelligence Community Manage- Management (OPM), to convert competitive the amounts authorized to be appropriated ment Account service positions within an Intelligence Com- for intelligence and intelligence-related ac- Section 104 authorizes appropriations for munity element of the covered department tivities and the applicable personnel levels the Intelligence Community Management to excepted positions and to establish new for Fiscal Year 2012 are contained in the Account (ICMA) of the DNI and sets the au- positions in the excepted service within an classified Schedule of Authorizations and thorized full-time equivalent personnel lev- Intelligence Community element of a cov- that the classified Schedule of Authoriza- els for the elements within the ICMA for Fis- ered department. Under Section 304, an in- tions shall be made available to the Commit- cal Year 2012. cumbent occupying a position on the date of tees on Appropriations of the Senate and Subsection (a) authorizes appropriations of enactment selected to be converted to the House of Representatives and to the Presi- $576,393,000 for Fiscal Year 2012 for the activi- excepted service shall have the right to dent. Section 102(b) provides that the Presi- ties of the ICMA. Subsection (b) authorizes refuse the conversion. Once such individual dent shall not publicly disclose the classified 777 full-time or full-time equivalent per- no longer occupies the position, the position Schedule except as provided in Section 601(a) sonnel for elements within the ICMA for Fis- may be converted. of the Implementing Recommendations of cal Year 2012 and provides that such per- Because of their unique intelligence, inves- the 9/11 Commission Act of 2007; to the ex- sonnel may be permanent employees of the tigative and national security missions, tent necessary to implement the budget; or Office of the Director of National Intel- most Intelligence Community elements are as otherwise required by law. Section 102(c) ligence (ODNI) or detailed from other ele- in the excepted civil service. However, civil- authorizes the Director of the Federal Bu- ments of the United States Government. ian employees in several smaller Intelligence reau of Investigation (FBI) to expend funds Subsection (c) authorizes additional appro- Community elements are still covered under authorized in the Act for a purpose further priations and full-time equivalent personnel competitive service rules. The ability to con- described in the classified annex. for the classified Community Management vert those positions to the excepted service

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.012 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE S8614 CONGRESSIONAL RECORD — SENATE December 14, 2011 will enable the Intelligence Community to cidivism of detainees formerly held at Guan- ered procurement, covered procurement ac- maintain a system throughout the Intel- tanamo Bay to be made public by the DNI. tion, covered system, and supply chain risk. ligence Community that is responsive to the Section 334 of the Intelligence Authorization The definitions of these terms are modifica- needs of the Intelligence Community both Act for Fiscal Year 2010, Public Law 111–259, tions of the definitions of these terms as for secrecy and the ability to quickly re- required the DNI, along with the Director of found in Section 309 of S. 1458, to include spe- spond to personnel requirements. The DNI the CIA and the Director of the Defense In- cific references to appropriate provisions of has requested a similar authority in the telligence Agency, to make publicly avail- existing law. past. Under Section 304, the covered depart- able, on a one-time basis, an unclassified Under subsection (b), the head of a covered ments are the Department of Energy, the De- summary that includes the intelligence re- agency, in consultation with the DNI, is au- partment of Homeland Security, the Depart- lating to former Guantanamo detainees. thorized to carry out a covered procurement ment of State, and the Department of the Under Section 319 of the Supplemental Ap- action and limit the disclosure of informa- Treasury. propriations Act of 2009, Public Law 111–32, tion concerning the basis for such action. Although new positions in the excepted the President is required to submit classified Covered procurement actions are subject to service may be created within an element of quarterly reports to Congress that include the conditions in subsection (c), including the Intelligence Community within the cov- classified information about detainees’ recid- appropriate consultation with procurement ered departments under this authority, the ivist activities. officials within the covered agency and a de- personnel ceilings referred to in Section Section 307 amends the National Security termination made in writing that the use of 102(a) still apply to the number of personnel Act of 1947 to require the semiannual updat- the authority is necessary to protect na- in an element. It is not intended for this con- ing of the Section 334 report, which is to in- tional security. In addition, there must be a version authority to be used to increase the clude an unclassified summary of intel- determination that less intrusive measures number of full-time equivalent personnel in ligence relating to recidivism of detainees are not reasonably available. Where the head an intelligence element above the applicable currently or formerly held at Guantanamo of the covered agency plans to limit disclo- personnel ceilings. Bay and an assessment of the likelihood that sure of information relating to the basis for Section 305. Preparation of nuclear proliferation such detainees will engage in terrorism or carrying out a covered procurement action, assessment statements communicate with persons in terrorist orga- the risk to national security due to dis- As set forth in the Atomic Energy Act, the nizations. The initial update shall be made closing such information must outweigh the United States may enter into a Civilian Nu- publicly available not later than 10 days risk of not disclosing such information. The head of the covered agency must give clear Agreement (or ‘‘123 Agreement’’) with after the date that the first report following notice to the congressional intelligence com- another nation or multinational organiza- enactment is submitted to members and mittees of a determination to exercise this tion. After negotiating the terms of the 123 committees pursuant to Section 319 of the authority. Subsection (d) limits delegation Agreement, the Administration submits the Supplemental Appropriations Act, 2009. The of the authority to take a covered procure- terms to Congress for review along with a summary will be prepared by the DNI, in ment action to no lower than the level of the Nuclear Proliferation Assessment Statement consultation with the Director of the CIA service acquisition executive for the agency (NPAS). Under current law, the NPAS is and the Director of the Defense Intelligence concerned. Subsection (e) provides that the drafted by the State Department, in con- Agency, and will include the number of con- authority under the section is in addition to sultation with the Director of Central Intel- firmed or suspected recidivists. any other authority under any other provi- ligence; the Act has not been amended to re- Section 308. Notification of transfer of a de- sion of law. The authority provided in Sec- flect the establishment of the Director of Na- tainee held at United States Naval Station, tion 309 is not intended to alter or effect the tional Intelligence. In multiple reports, the Guantanamo Bay, Cuba exercise of any other provision of law, in- Government Accountability Office has iden- Section 308 requires the President to sub- cluding other procurement authorities avail- tified various problems with this process, in- mit to Congress, in classified form, at least able to an intelligence agency head to pro- cluding insufficient time for consultation 30 days prior to the transfer or release of an tect the national security. with the Intelligence Community, a lack of individual detained at Naval Station, Guan- The requirements of Section 309 take effect adequate formal interagency guidance for tanamo Bay, Cuba, as of June 24, 2009, the 180 days after enactment and expire on the NPAS development, and ambiguity as to following information: (1) the name of the date that Section 806 of the Ike Skelton Na- whether Intelligence Community comments individual to be transferred or released; (2) tional Defense Authorization Act for Fiscal were fully incorporated into the final NPAS. the country or freely associated state to Year 2011 expires, which will occur in Janu- Section 305 is a modification of Section 305 of which the individual is to be transferred; (3) ary 2014. S. 1458 as reported from the Senate Intel- the terms of any agreement with the country Section 310. Burial allowances ligence Committee and is intended to clarify or state for the acceptance of such indi- the role of the DNI and the Intelligence Com- Section 310 authorizes the head of a depart- vidual, including the amount of any finan- ment or agency that contains an element of munity in the NPAS process. cial assistance related to such agreement; Section 305 amends the National Security the Intelligence Community to pay a burial and (4) the agencies or departments of the Act of 1947 to require the DNI, in consulta- allowance to the estate of a civilian officer United States responsible for ensuring the tion with the heads of the appropriate ele- or employee of such department or agency agreement is carried out. who dies as the result of hostile or terrorist ments of the Intelligence Community and Section 308 is a modification of Section 306 the Secretary of State, to provide an adden- activities or intelligence activities having a of S. 1458, which amended similar notifica- substantial element of risk. The burial al- dum to each NPAS accompanying a civilian tion requirements found in Public Law 111– nuclear cooperation agreement, containing a lowance is to reimburse the estate for burial 83, 123 Stat. 2178, and Public Law 111–88, 123 expenses, including recovery, mortuary, fu- comprehensive analysis of the country’s ex- Stat. 2963. Section 308 requires the notifica- port control system with respect to nuclear- neral, or memorial service, cremation, burial tion be at least 30 days, rather than 15 days, costs, and costs of transportation. The related matters. The DNI is to provide the prior to transfer and requires information be addendum to the President, the congres- amount of the burial allowance is not to be provided concerning what agencies or depart- greater than the maximum reimbursable sional intelligence committees and the con- ments of the United States, if any, are re- gressional foreign relations committees. amount available to the uniformed services sponsible for ensuring any agreement with under Department of Defense Instruction Section 306. Cost estimates the receiving country or state is carried out. 1344.08 or its successor, now set at $8,800, plus Section 306 amends Section 506A of the Na- Nothing in this section is to be construed to actual transportation costs, and is in addi- tional Security Act of 1947 to require that supersede or otherwise affect Section 1028 of tion to any other benefit permitted under independent cost estimates include all costs the National Defense Authorization Act for any other provision of law, including funds associated with a major system acquisition Fiscal Year 2012 or Section 8120 of the De- that may be expended as specified in the even when a service or capability to deliver partment of Defense Appropriations Act, General Provisions of the classified annex end-to-end functionality will be provided by 2012. accompanying this Act. another Intelligence Community agency or Section 309. Enhanced procurement authority to In addition, Section 310 requires the Direc- element. This additional requirement in the manage supply chain risk tor of the OPM, in consultation with the DNI preparation of the independent cost estimate Section 309 authorizes the heads of those and the Secretaries of Labor and Defense, to will assist Congress and the Executive elements of the Intelligence Community out- submit a report to Congress no later than 180 Branch in evaluating the full cost of an ac- side the Department of Defense to take cer- days after enactment on the feasibility of quisition, including the costs to process, ex- tain procurement actions under certain cir- implementing legislation to provide for bur- ploit, disseminate, and store the information cumstances to reduce the risk that an adver- ial allowances at a level that adequately ad- such major systems collect. The amend- sary may sabotage, maliciously introduce dresses the cost of burial expenses and pro- ments made by Section 306 become effective unwanted functions, or otherwise subvert in- vides for equitable treatment when any offi- 180 days after enactment. formation systems so as to surveil, deny, dis- cer or employee of the federal government Section 307. Updates of intelligence relating to rupt or otherwise degrade them. Section 309 dies as the result of an injury sustained in terrorism recidivism of detainees held at is based on Section 806 of the Ike Skelton the performance of official duties. United States Naval Station, Guantanamo National Defense Authorization Act for Fis- Section 311. Modification of certain reporting re- Bay, Cuba cal Year 2011 (Public Law 111–383). quirements Section 307 provides for a regular unclassi- Section 309(a) defines the following terms: The Congress frequently requests informa- fied summary of intelligence relating to re- covered agency, covered item of supply, cov- tion from the Intelligence Community in the

VerDate Mar 15 2010 05:00 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A14DE6.030 S14DEPT1 tjames on DSK6SPTVN1PROD with SENATE December 14, 2011 CONGRESSIONAL RECORD — SENATE S8615 form of reports, the contents of which are Although the ODNI, under 31 USC 3515, is Inspector General for the Intelligence Com- specifically defined by statute. The reports required to prepare and submit to the Con- munity), an individual employed within the prepared pursuant to these statutory re- gress and the Director of the Office of Man- Intelligence Community but outside the quirements provide Congress with an invalu- agement and Budget an audited financial ODNI may be best suited to fill a key leader- able source of information about specific statement for the preceding fiscal year by ship position temporarily. matters of concern. March 1st, Section 369 of the Intelligence Au- Section 405 addresses this issue by expand- Congressional reporting requirements, and thorization Act for Fiscal Year 2010, enacted ing the President’s choice for appointment particularly recurring reporting require- on October 7, 2010, directs the DNI ‘‘to de- under the third category of the Vacancies ments, however, can place a significant bur- velop a plan and schedule to achieve a full, Act to include senior officials from any ele- den on the resources of the Intelligence Com- unqualified audit of each element of the in- ment of the Intelligence Community. Noth- munity. The congressional intelligence com- telligence community not later than Sep- ing in Section 401 modifies or precludes the mittees are therefore reconsidering these re- tember 30, 2013.’’ Section 402 will align the utilization of sections 3345(a)(1) or (2) of title porting requirements on a periodic basis to statutory requirement for auditability with 5 to fill vacancies. ensure that the reports that have been re- the plan for achieving auditability set forth Subtitle B—Central Intelligence Agency quested are the best mechanism for the Con- in the Fiscal Year 2010 Act. Section 411. Acceptance of gifts gress to receive the information it seeks. In Section 403. Public availability of information Section 411 is a provision that arose out of some cases, annual reports can be replaced regarding the Inspector General of the Intel- the CIA’s review of benefits available to the with briefings or notifications that provide ligence Community the Congress with more timely information survivors of CIA employees killed in the line Section 403 requires the DNI to establish and offer the Intelligence Community a di- of duty following the December 2009 attack and maintain on the publicly accessible rect line of communication to respond to at Khowst, Afghanistan. The CIA concluded ODNI website information relating to the In- congressional concerns. that the Director of the CIA did not have the In response to a request from the DNI, the spector General for the Intelligence Commu- authority under Section 12 of the CIA Act to congressional intelligence committees exam- nity including methods to contact the In- accept and use gifts for purposes related to ined a set of recurring reporting require- spector General. Section 403 is based on a the welfare, education and recreation of ments nominated by the Intelligence Com- similar requirement in Section 8L of the In- those survivors. Under current law, the Di- munity. Because the majority of recurring spector General Act, as added by the Inspec- rector of the CIA may ‘‘accept, hold, admin- reports provide critical information relevant tor General Reform Act of 2008, 5 USC App., ister, and use gifts of money, securities and to challenges facing the Intelligence Com- and is similar to Section 413, applicable to other property whenever the Director deter- munity today, Section 311 eliminates or the CIA Inspector General. The information mines it would be in the interest of the modifies only four statutory reporting re- about the Inspector General is to be obvious United States . . . for purposes relating to quirements, all from past intelligence au- and facilitate access to the Inspector Gen- the general welfare, education, or recreation thorization acts or the Intelligence Reform eral. Given that most of the Inspector Gen- of employees or dependents of employees of and Terrorism Prevention Act of 2004. eral’s reports will be classified, Section 403 the Agency or for similar purposes. . . .’’ does not require that Inspector General re- Section 312. Review of strategic and competitive Section 411 amends Section 12 of the CIA ports and audits be posted on the publicly Act to authorize the Director (or the Direc- analysis conducted by the intelligence com- accessible website. munity tor’s designee) both to accept gifts and to Section 404. Clarification of Status of Chief In- use them for the welfare of employees in- Section 312 requires the DNI to direct the formation Officer in the Executive Schedule jured in the line of duty without legal con- Director’s Senior Advisory Group to conduct cern whether those actions are for the gen- a comprehensive review of the strategic and Section 404 amends 5 USC 5315 to establish eral welfare of the CIA employee population competitive analysis of international ter- the salary level of the Chief Information Of- as a whole. It also provides that gifts may be rorism and homegrown violent extremism ficer of the Intelligence Community at Level used for the assistance of the family of CIA conducted by elements of the Intelligence IV of the Executive Schedule, the level of officers who were injured or who died from Community during the 12 month period fol- other chief information officers in the fed- hostile or terrorist activities or in connec- lowing enactment. Within 15 months of en- eral government with comparable duties and tion with other intelligence activities having actment, the Director shall submit to the responsibilities. The Chief Information Offi- a substantial element of risk. Gifts for in- congressional intelligence committees a re- cer of the Intelligence Community is a posi- jured employees and their families or sur- port on the results of the review and any ac- tion established in Section 103G of the Na- vivors are to be accepted by the CIA on be- tions taken by the Director to implement tional Security Act, added by Section 303 of half of the CIA employees concerned, and not the recommendations, if any, of the Senior Public Law 108–487, the Intelligence Author- directly by such employees or their family Advisory Group based on such results. ization Act for Fiscal Year 2005, and amend- ed by Section 404 of Public Law 111–259, the members. The Director is authorized to as- TITLE IV—MATTERS RELATING TO ELEMENTS OF Intelligence Authorization Act for Fiscal sign the gifts accepted under the new author- THE INTELLIGENCE COMMUNITY Year 2010. ity provided by this section to the CIA offi- Subtitle A—Office of the Director of Section 405. Temporary appointment to fill va- cers and their surviving family members. National Intelligence cancies within Office of the Director of Na- Section 411 provides that any exercise of Section 401. Intelligence community assistance tional Intelligence authority under Section 12, including the ac- to counter drug trafficking organizations ceptance of gifts to provide for the general Section 405 permits the President to make using public lands welfare, education, or recreation of the CIA temporary appointments to fill vacancies in employee population as a whole, shall be Section 401 requires the DNI to consult offices within the ODNI that require Senate made according to regulations developed by with the heads of the federal land manage- confirmation (except the DNI, for whom by the Director of the CIA in consultation with ment agencies on the appropriate actions the Section 103A(a)(6) of the National Security the Director of the Office of Government Intelligence Community can take to assist Act of 1947 the Principal Deputy DNI is next Ethics, consistent with all relevant ethical such agencies in responding to the threat in line) with an individual who serves in an- constraints and principles. from international drug trafficking organi- other element of the Intelligence Commu- zations or other drug traffickers that are nity. A similar provision was requested by Section 412. Foreign language proficiency re- currently or have previously used public the DNI. quirements for Central Intelligence Agency lands in the United States to further their The Vacancies Act (5 USC 3345(a)(1)) pro- officers operations. The DNI is to submit a report to vides that upon a vacancy in a Senate-con- Section 412 makes amendments in Section the congressional intelligence and judiciary firmed position (1) the first assistant of the 104A(g) of the National Security Act of 1947 committees within 180 days of enactment on office may begin serving as the acting officer which imposes foreign language require- the results of this consultation. immediately and automatically upon the oc- ments on certain personnel within the CIA. Section 402. Application of certain financial re- currence of the vacancy; (2) another officer Section 412 is intended to tie the need for porting requirements to the Office of the Di- who has already received Senate confirma- foreign language skills to officers in occupa- rector of National Intelligence tion may be directed by the President to tions where foreign language ability is most Section 402 provides a limited grace period serve as the acting officer; and (3) certain important, rather than to specific positions, for the ODNI in meeting the requirements of other senior agency officials may be des- within the Directorate of Intelligence career 31 USC 3515 until Fiscal Year 2013. The DNI, ignated by the President to serve in an act- service or the National Clandestine Service in requesting this legislative provision, stat- ing capacity. Given the relatively small size career service. It is intended to eliminate ed that the grace period will allow time for of the ODNI, the fact that a significant num- the need for the Director of the CIA to ap- the implementation of system improvements ber of the personnel within the ODNI are on prove waivers for the promotion, appoint- as well as process changes in the financial detail to the office from other elements of ment, or transfer of personnel such as attor- management system currently supporting the Intelligence Community, and the fact neys or human resources officers for whom the ODNI. Together these efforts are in- that positions in the ODNI to which the Va- the requirement is not intended to apply. tended to yield financial statements that cancy Act applies serve the entire Intel- Section 412 sets the language proficiency at meet the prescribed legal and audit stand- ligence Community (such as the Director of the objective level of level 3 on the Inter- ards. the National Counterterrorism Center or the agency Language Roundtable Language

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Ap- actment, and three subsequent annual re- wait with the individual until local law en- propriations transferred pursuant to this ports, to the congressional intelligence com- forcement personnel arrive to complete the section shall remain available for the same mittees on the number of personnel trans- transfer of custody. This can require NSA time period, and for the same purposes, as ferred to a Senior Intelligence Service posi- personnel to wait, frequently for hours, often the appropriations from which funds were tion in the Directorate of Intelligence career with the apprehended individual in a secu- transferred. This section is intended to en- service or the National Clandestine career rity vehicle, for the transfer to local law en- sure improved auditing of defense intel- service who did not meet the foreign lan- forcement. According to the DNI, from 2004 ligence appropriations. guage requirements of Section 104A(g). Sec- to 2009, on 448 occasions, the apprehension of Section 434. Report on training standards of de- tion 412 also makes technical corrections to an individual engaged NSA personnel and fense intelligence workforce delete outdated references to the Directorate transportation resources for over 2 hours. Section 434 requires not later than 180 days of Operations. Section 421 provides a limited expansion of after enactment the DNI and the Under Sec- Section 413. Public availability of information authority for NSA security personnel to retary of Defense for Intelligence to submit regarding the Inspector General of the Cen- transport apprehended individuals to the to the congressional intelligence and armed tral Intelligence Agency custody of local law enforcement within 30 services committees a report on the training miles of NSA premises. This authority is to Section 413 requires the Director of the standards of the defense intelligence work- be used sparingly by NSA security personnel CIA to establish and maintain on the pub- force. The report is to include a description under a well-established regime of adminis- licly accessible CIA website information re- of existing training, education, and profes- trative controls and management oversight, lating to the CIA Inspector General includ- sional development standards applied to the and only with prior consent from the accept- ing methods to contact the Inspector Gen- personnel of defense intelligence compo- ing jurisdiction. eral. Section 413 is based on a similar re- nents, and an assessment of the ability to quirement in the Inspector General Reform Subtitle D—Other Elements implement a certification program based on Act, 5 USC App. 8L, and is similar to Section Section 431. Codification of Office of Intel- achievement of required training, education, 403. The information about the Inspector ligence and Analysis of the Department of and professional development standards. General is to be obvious and facilitate access Homeland Security as an element of the in- TITLE V—OTHER MATTERS to the Inspector General. Given that most of telligence community Section 501. Report on airspace restrictions for the Inspector General’s reports will be classi- Section 431 amends Section 3(4)(K) of the use of unmanned aerial vehicles along the fied, Section 413 does not require that In- National Security Act of 1947 in order to in- border of the United States and Mexico spector General reports and audits be posted clude the Office of Intelligence and Analysis Section 501 requires the Secretary of on the publicly accessible website. Section of the Department of Homeland Security Homeland Security not later than 90 days 413 is based upon a request of the CIA Inspec- within the term ‘‘intelligence community’’ after enactment to submit to the congres- tor General. for purposes of the Act. This provides for a sional intelligence and homeland security Section 414. Creating an official record of the more specific reference to the Office of Intel- committees a report on whether restrictions Osama bin Laden operation ligence and Analysis, in addition to the in- on the use of airspace are hampering the use telligence element of the Coast Guard, that Section 414 makes findings concerning the of unmanned aerial vehicles by the Depart- is part of the Intelligence Community, in the raid of May 1, 2011, that killed terrorist lead- ment of Homeland Security along the inter- same manner as Congress has done in Sec- er Osama bin Laden in his compound in national border between the United States tion 3(4)(I) and (J) for the State and Treas- Abbottabad, Pakistan. Section 414 includes a and Mexico. ury Department elements of the Intelligence statement of the sense of Congress that the Section 502. Sense of Congress regarding inte- Community. events that transpired before, during, and as gration of fusion centers Section 432. Federal Bureau of Investigation a result of the raid be memorialized to allow Section 502 states that it is the sense of participation in the Department of Justice the United States to have an accurate ac- Congress that the Secretary of Homeland Se- leave bank count of these events in the future. Section curity, in consultation with the DNI, should 414 requires the Director of the CIA to pro- Section 432 provides for participation of continue to integrate and utilize fusion cen- vide to the congressional intelligence com- employees of the FBI in the Department of ters to enlist all of the intelligence, law en- mittees the report being prepared by the Justice’s Voluntary Leave Bank Program. forcement, and homeland security capabili- Center for the Study of Intelligence that The Voluntary Leave Bank Program allows ties of the United States in a manner that is documents the history of and lessons learned federal employees to donate to and to re- consistent with the Constitution to prevent from the raid not later than 90 days after its ceive donations from a leave ‘‘bank’’ to cover acts of terrorism against the United States. absences necessitated by extraordinary med- completion and to preserve any records, in- Section 503. Strategy to counter improvised ex- ical conditions. Current law does not allow cluding intelligence information and assess- plosive devices ments, used to generate this report. participation by FBI employees in the De- partment’s program, although the FBI is Section 503 requires the DNI and the Sec- Section 415. Recruitment of personnel in the Of- retary of Defense to establish a coordinated fice of the Inspector General part of the Department. While 5 USC 6372(c) would allow FBI to establish its own vol- strategy utilizing all available personnel and Section 415 requires the Inspector General untary leave bank program, the Director of assets for intelligence collection and anal- of the OPM, in consultation with the Inspec- the FBI has determined that it would be ysis to identify and counter network activity tor General of the CIA, to conduct a study of more cost effective and efficient to allow and operations in Pakistan and Afghanistan the personnel authorities and available per- FBI employees to participate in the larger relating to the development and use of im- sonnel benefits of the Office of the Inspector Department of Justice program and has re- provised explosive devices. Not later than 120 General of the CIA. The study shall include quested a legislative provision to accomplish days after enactment, the DNI and the Sec- identification of any barriers and disincen- this objective for the overall benefit of the retary of Defense are to submit a report con- tives to the recruitment or retention of expe- Bureau and its personnel. taining the strategy to the congressional in- rienced investigators within the Office of the Under Section 432, the Director is to con- telligence and armed services committees Inspector General of the CIA. The study sider the protection of sources and methods and implement such strategy. shall compare the personnel authorities of in allowing for participation in the leave Section 504. Sense of Congress regarding the pri- the CIA Inspector General with the per- bank program. In providing for leave bank ority of railway transportation security sonnel authorities of other federal Inspectors opportunities to cover absences necessitated Section 504 states that it is the sense of General, including a comparison of the bene- by extraordinary medical conditions, it is in- Congress that railway transportation secu- fits available to experienced investigators tended that the Director consider any im- rity, including subway transit security, within the offices of other federal Inspectors pact on operations of the Bureau when mak- should continue to be prioritized in the crit- General with those available to investigators ing a decision on whether to allow FBI em- ical infrastructure threat assessment devel- within the Office of the CIA Inspector Gen- ployees to take part in the program. oped by the Office of Intelligence and Anal- eral. The OPM Inspector General is to sub- Section 433. Accounts and transfer authority for ysis of the Department of Homeland Secu- mit the report to the congressional intel- appropriations and other amounts for intel- rity and included in threat assessment budg- ligence and homeland security committees ligence elements of the Department of De- ets of the Intelligence Community. not later than 120 days after enactment. fense Section 505. Technical amendments to the Na- Subtitle C—National Security Agency Section 433 authorizes the Secretary of De- tional Security Act of 1947 Section 421. Additional authorities for National fense to transfer defense appropriations Section 505 updates certain references in Security Agency security personnel available for the activities of the defense in- sections 3(6), 506(b) and 506A of the National Section 421 amends Section 11 of the Na- telligence elements into an account or ac- Security Act of 1947 from the ‘‘Director of tional Security Agency Act of 1959 to author- counts established for receipt of such funds. Central Intelligence’’ and the ‘‘National For- ize NSA security personnel to transport ap- These accounts may receive transfers and re- eign Intelligence Program’’ to the ‘‘Director

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Too often, prayer and pledge, the Journal of pro- Section 506 updates references in 18 USC the intelligence committee includes ceedings be approved to date, the 351(a) to the Director and Deputy Director of other committees on receipt of reports morning hour be deemed expired, the Central Intelligence and provides that the or other products, but does not get the time for the two leaders be reserved for amended section includes the DNI, the Prin- same treatment in return. That’s just their use later in the day; that fol- cipal Deputy DNI, and the Director and Dep- uty Director of the CIA among officials cov- not good for oversight or for fulfilling lowing any leader remarks, the Senate ered by the provision. our responsibility to the American peo- be in a period of morning business for ple. Section 507. Budgetary effects 1 hour, with Senators permitted to I am also pleased that we were able speak therein for up to 10 minutes Section 507 states that the budget effects to reach reasonable solutions for au- of this Act, for the purpose of complying each, with the time equally divided and with the Statutory Pay-As-You-Go Act of thorities requested by the intelligence controlled between the two leaders or 2010, shall be determined by reference to the community. The bill allows for the re- their designees, with the Republicans latest statement titled ‘‘Budgetary Effects of imbursement of burial expenses for cer- controlling the first half and the ma- PAYGO Legislation’’ for this Act, submitted tain government employees who are jority controlling the final half; that for printing in the Congressional Record by killed as the result of hostile or ter- following morning business, the Senate the Chairman of the Senate Budget Com- rorist activities or die in connection proceed to executive session, under the mittee, provided that such statement has with a risky intelligence activity. In been submitted prior to the vote on passage. previous order. these difficult financial times, we The PRESIDING OFFICER. Without Mrs. FEINSTEIN. Mr. President, I worked hard to make sure that the pro- objection, it is so ordered. yield the floor. vision is in line with benefits for the The PRESIDING OFFICER. The Sen- families of fallen soldiers and with the f ator from Georgia. funeral costs generally paid by ordi- MEASURE PLACED ON THE Mr. CHAMBLISS. Mr. President, I nary Americans. We also ensured that CALENDAR—H.R. 3630 rise to join Chairman FEINSTEIN in individuals in the same agency, like Mr. REID. Mr. President, I under- thanking my colleagues for their sup- the FBI, are entitled to receive the stand that H.R. 3630 is at the desk and port of the fiscal year 2012 Intelligence same reimbursement. The bill also re- due for a second reading. Authorization Act. Over the past sev- fines the administration of the CIA’s The PRESIDING OFFICER. The eral months, the committee has foreign language proficiency require- clerk will report the bill by title for worked hard to resolve the final details ments and allows for more flexible per- the second time. of the bill and concerns raised by other sonnel management by the Director of The bill clerk read as follows: committees and individual Members. National Intelligence. The end result of this effort is a solid I thank Chairman FEINSTEIN for her A bill (H.R. 3630) to provide incentives for bill that ensures vigorous congres- hard work and leadership in getting the creation of jobs, and for other purposes. sional oversight and provides needed this bill through the Senate. I also Mr. REID. I now object to any fur- authorities to the intelligence commu- thank the committee staff for once ther proceedings at this time. nity. again showing their dedication and The PRESIDING OFFICER. Objec- Of course, the vast majority of what commitment to protecting the national tion is heard. The bill will be placed on the committee authorized is classified, security of this country. the calendar. so I cannot discuss specifics. I can say Mr. REID. Mr. President, I ask unan- f that the classified annex is designed to imous consent that the Feinstein sub- improve the operations of the intel- stitute amendment, which is at the PROGRAM ligence community—from counterter- desk, be agreed to; the bill, as amend- Mr. REID. Mr. President, we expect rorism and counterproliferation to the ed, be agreed to; the motions to recon- to consider the DOD authorization con- wars in Afghanistan and Iraq and ev- sider be laid upon the table, with no ference report tomorrow. We also ex- erything in between. further intervening action or debate; pect to consider the House Republican This bill also implements fiscal dis- and any statements related to the bill payroll tax cut bill or some version cipline. Difficult economic times de- be printed in the RECORD. thereof. The PRESIDING OFFICER. Without mand austerity, but cuts in this bill f are specific and targeted to eliminate objection, it is so ordered. waste while preserving the critical The amendment (No. 1463) was agreed ADJOURNMENT UNTIL 9:30 A.M. work the intelligence community does to. TOMORROW The amendment is printed in today’s to protect our country. Mr. REID. Mr. President, if there is RECORD under ‘‘Text of Amendments.’’) In the unclassified area—and one of no further business to come before the The amendment was ordered to be great importance to me—we reached an Senate, I ask unanimous consent that engrossed and the bill read a third agreeable compromise with the Admin- it adjourn under the previous order. time. istration that gives the committee the The bill (H.R. 1892), as amended, was There being no objection, the Senate, information we need about the transfer read the third time and passed. at 8:10 p.m., adjourned until Thursday, of Guantanamo Bay detainees. As the December 15, 2011, at 9:30 a.m. f recidivism rate among former detain- f ees rises over 27 percent, it is critical APPOINTMENT that the committee have full insight THE PRESIDING OFFICER. The CONFIRMATIONS into the transfer and resettlement Chair announces, on behalf of the Executive nominations confirmed by process. The vast majority of detainees President pro tempore, pursuant to the Senate December 14, 2011: are free when they are transferred, and P.L. 110–315, the appointment of the IN THE NAVY this committee needs to know whether following to be a member of the Na- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the countries charged with monitoring tional Advisory Committee on Institu- IN THE UNITED STATES NAVY TO THE GRADE INDICATED them are capable and willing to do so. tional Quality and Integrity: Ms. Jill UNDER TITLE 10, U.S.C., SECTION 624: Several provisions in this bill will help Derby of Nevada, vice Daniel Klaich of To be rear admiral the committee do that. Nevada. REAR ADM. (LH) BARRY L. BRUNER The bill also addresses concerns from REAR ADM. (LH) JERRY K. BURROUGHS f REAR ADM. (LH) JAMES D. CLOYD other committees with national secu- REAR ADM. (LH) MICHAEL T. FRANKEN rity interests and from the House. As ORDERS FOR THURSDAY, REAR ADM. (LH) BRADLEY R. GEHRKE REAR ADM. (LH) ROBERT P. GIRRIER we go forward, I hope the committees DECEMBER 15, 2011 REAR ADM. (LH) PAUL A. GROSKLAGS of the Senate will do a better job of Mr. REID. Mr. President, I ask unan- REAR ADM. (LH) SINCLAIR M. HARRIS REAR ADM. (LH) MARGARET D. KLEIN making sure that committees with imous consent that when the Senate REAR ADM. (LH) RICHARD B. LANDOLT

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IN MEMORY OF JAMES ‘‘JIM’’ prayers as we mark the passing of this Amer- PROMOTING GLOBAL INTERNET CRAIG ican hero. FREEDOM

HON. MIKE PENCE f HON. CHRISTOPHER H. SMITH OF INDIANA OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES COMMENDING REP. NOBLE IN THE HOUSE OF REPRESENTATIVES ELLINGTON UPON THE OCCASION Wednesday, December 14, 2011 OF HIS RETIREMENT Wednesday, December 14, 2011 Mr. PENCE. Mr. Speaker, I rise today to Mr. SMITH of New Jersey. Mr. Speaker, last pay tribute to the memory of James R. ‘‘Jim’’ week I held a hearing on global online free- Craig, who passed away on December 9, HON. RODNEY ALEXANDER dom. 2011. Jim will long be remembered in the About 2 billion people in the world regularly OF LOUISIANA community of Pendleton, Indiana as an Amer- communicate or get information on the Inter- ican hero and a civic leader. IN THE HOUSE OF REPRESENTATIVES net. Well over half a billion people do so in re- Jim was born on May 30, 1923, in pressive countries. As Internet use has be- Noblesville to Sydney and Kathryn Craig. Wednesday, December 14, 2011 come a vital and even the standard means to Since 1934, Jim called Pendleton home. After Mr. ALEXANDER. Mr. Speaker, it is with disseminate beliefs, ideas and opinions, so we see a growing number of countries that censor graduating from Westtown Pennsylvania great pride that I rise today to commend Rep. Friends School in 1941, Jim went on to study or conduct surveillance on the Internet, in con- Noble Ellington, who has devoted over two at Purdue University. flict with internationally recognized human During his time at Purdue, he learned of the decades to serving the citizens of Louisiana. rights laws and standards. attack on Pearl Harbor. Like many young men, His unwavering dedication and staunch sup- In 2006, I held the first major hearing on Jim wanted to serve and defend his country. port of those living in the Bayou State are de- Internet freedom, in this very room, in re- After enlisting in the United States Marine serving of our gratitude and appreciation. sponse to Yahoo!’s turning over the personally Corps, Jim received his commission as a Sec- Noble has served in the Louisiana Legisla- identifying information of its e-mail account ond Lieutenant. He was placed in command of ture since 1988, where I had my first oppor- holder, Shi Tao, to the Chinese Government— who tracked him down and sentenced him to the 1st Platoon, 24th Marines and saw action tunity to work alongside this devoted public at Iwo Jima. Jim’s platoon suffered many cas- 10 years for sending abroad e-mails that re- servant as we both represented the people of ualties in the battle and that had a lasting ef- vealed the details of Chinese government fect on him, as described in the book, The Jackson Parish. Not only did I have the privi- press controls. At that hearing Yahoo!, Last Lieutenant, written by his nephew Dr. lege of calling him a colleague for many years Google, Microsoft, and Cisco testified as to John C. Shively. following, but it was there that I first had the what we might ruefully call their ‘‘worst prac- Jim married his beloved Patricia Lee Carroll honor of knowing him as a friend. Looking tices’’ of cooperation with the Internet police of on October 21, 1944. In 1947, he graduated back on those years, Noble’s upbeat spirit and totalitarian governments like China’s. That from Purdue University and went on to own his ability to be kind to everyone is what I re- same week I introduced the first Global Online Pendleton Lumber Company until 1960. He member most. Freedom Act, as a means to help Internet was employed at Pendleton Savings and Loan users in repressive states. In 2008 the Global A man of many talents, Noble’s career in- until 1978 and then worked as a real estate Online Freedom Act was passed by three broker until 2000. cludes successful business endeavors in addi- House committees. Jim was a member of the First United Meth- tion to his public service. For 40 years, he has In the last half dozen years the Internet, in odist Church in Pendleton, and was very ac- been the owner of Noble Ellington Cotton many countries, has been transformed from a tive in many civic groups and activities includ- Company, Inc., and is the director of Franklin freedom plaza to big brother’s best friend. The ing the Boy Scouts of America, the Pendleton State Bank and Franklin Cotton Warehouse. technologies to track, monitor, block, filter, Junior Baseball League, the Madison County A true product of Northeast Louisiana, trace, remove, attack, hack, and remotely take Community Foundation, and the South Madi- Noble was raised on a farm in Richland Parish over Internet activity, content and users has son Community Foundation. Jim took part in exploded. Many of these technologies are and received his education from Mangham the 1964 School Reorganization, was a Salva- made in the U.S.A. Many of them have impor- tion Army life-member, served on the Kettle High School and Louisiana Tech University in tant and legitimate law-enforcement applica- Drive, the Pendleton Lions Club, and volun- Ruston, La. He has made his home in tions. But, sadly, many of them are also being teered at St. John’s Hospital. Jim founded the Winnsboro with his wife, Brenda Armstrong, exported, every day, to some of the most un- Pendleton Swim Club and was a U.S. Swim- and is the proud parent of four children and savory governments in the world—whose use ming official. Jim also was a Pendleton Cham- five grandchildren. of them is far from legitimate. Every day we ber of Commerce member and served on the He is a driving force in Louisiana for his learn about more activists being arrested Pendleton Planning Commission. committed leadership on various business, through the use of newly-developed tech- I had the privilege of getting to know Jim as civic and governmental boards and commit- nologies—much of it American technology—in part of my duties representing the Sixth Con- China, Belarus, Egypt, Syria and many other tees. He currently serves as the National gressional District. Jim was a fixture at town countries around the world. The stakes are life hall meetings and I will fondly remember his Chairman of the American Legislative Ex- and death for online democracy activists, and participation in those events. change Council resulting in positive, nation- they deserve our support and protection. Jim was also blessed with a wonderful, lov- wide attention for our state. For example, Belarus is blocking social net- ing family. He is survived by his wife, Patricia Through his numerous accomplishments, working sites like Twitter and Facebook and of 67 years and their six children. Jim was Noble has earned the respect and regard of aggressively shutting down opposition Internet blessed with sixteen grandchildren and eight those with whom he has served and the grati- sites. Kazakhstan, which already blocks a great-grandchildren. Through them, I am con- tude of the people he has diligently rep- number of popular blogs and media sites, is fident Jim’s legacy will live on thanks to the resented. also in the process of creating a ‘‘national lessons he instilled in those around him. Internet,’’ where all domestic domain names Mr. Speaker, the Bible tells us, ‘‘The Lord is Mr. Speaker, I ask my colleagues to join me will have to operate on physical servers within close to the brokenhearted,’’ and that is my in extending best wishes to Rep. Noble Elling- its borders. Syria is using sophisticated tools prayer for the family of Jim Craig. Let us all ton upon his retirement and wishing him future to limit the ability of the opposition to organize keep Jim and his family in our thoughts and success in all his efforts. and to track down peaceful protestors. China

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

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K14DE8.001 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2250 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 has created the Great Firewall and wants to ports of certain crime control equipment to course at the University of Illinois, and se- create its own sanitized version of the Internet China. It makes no sense for us to allow U.S. cured a grant from the National Science Asso- that will essentially isolate China from much of companies to sell technologies of repression ciation that helped provide further training for what is happening in the rest of the world. to dictators, and then turn around and have to more high school educators. And, when protests break out, it simply shuts spend millions of dollars to develop and de- While doing all of this Hortense Brice still down the Internet, as it did in Tibet and ploy circumvention tools and other tech- taught elements of biotechnology at Whitney Xinjiang in recent years. nologies to help protect dissidents from the M. Young Magnet High School, and the first In Vietnam, Facebook has been blocked for very technologies that U.S. companies ex- full-year biotechnology course at Lindblom two years and under a new executive decree, ported to their persecutors. Math and Science Academy in Chicago, Illi- a number of bloggers and journalists who Today’s hearing is an important moment to nois. She taught by example and her hard write for independent online publications have take stock of where we are and how we can work ethic inside and outside the classroom been arrested. Egypt continues to detain move forward to promote and defend Internet served as an inspiration to pupils and col- blogger Alaa Abdel Fattah for his online criti- freedom around the world. What we do here leagues alike. cisms of the Egyptian army. And today, we in the United States is critically important to With her experience and education she had just learned that in addition to the already ex- achieving our goals. We must send a strong a unique insight into what the education cur- tensive online censorship in Iran, the U.S. ‘‘vir- message to companies that they have a riculum lacked and what it needed. For exam- tual embassy’’ in Iran has been blocked after unique role to play in preserving online free- ple, in 2006 after noticing a gap in the cur- only one day of operation. dom; and send an even stronger message to riculum she worked with the After School Mat- Last week, I introduced a bill that responds repressive governments that the Internet must ters program to develop a successful pharma- to the growing use of the Internet as a tool of not become a tool of repression. ceutical drug curriculum for high schools pu- pils. repression, and to changes in the technologies f of repression. The new Global Online Free- Even with her retirement in June 2009 dom Act of 2011 (GOFA), H.R. 3605, fun- HONORING MS. HORTENSE BRICE Hortense still continues to attend science damentally updates legislation that I first intro- training programs, including a five-day bio- duced in 2006 (and which in 2008 advanced HON. BOBBY L. RUSH technology immersion program held by the through three House committees). OF ILLINOIS Biotechnology institute at the BIO International The new GOFA requires the State Depart- IN THE HOUSE OF REPRESENTATIVES Convention. Though her teaching career is ment to beef up its reporting on Internet free- over her pursuit of knowledge will never be. It Wednesday, December 14, 2011 dom in the annual Country Report on Human is this love of knowledge that has made her Rights Practices, and to identify by name Mr. RUSH. Mr. Speaker, I rise today to pay such an inspirational teacher and educational Internet-restricting countries. This country des- tribute to Ms. Hortense Brice, a dedicated advocate. It is why she was recognized as an ignation will be useful not only in a diplomatic teacher from my hometown of Chicago, Illi- outstanding educator, researcher and trainer context in helping to advance Internet freedom nois. We can all agree, Mr. Speaker, that one for the next generation of young scientists by through naming and shaming countries, but of the greatest services a citizen can offer our the iBio Institute, who gave her the Knowledge will also provide U.S. technology companies nation is dedicating their lives to teaching the Builder Award for grades 6–12. It is the very with the information they need in deciding how next generation. Passing wisdom, knowledge, same reason why I am speaking about her to engage in repressive foreign countries. and inspiration is the greatest gift in one of the today. Second, the bill requires Internet companies most honorable professions. Mr. Speaker, I strongly believe that to be ig- listed on U.S. stock exchanges to disclose to It is in that tradition, Mr. Speaker, that norant is to be left in the darkness, the only the Securities and Exchange Commission how Hortense Brice has dedicated her life for the thing that can conquer such darkness is the they conduct their human rights due diligence, last forty one years. A life dedicated not only light of education. Hortense Brice embodies including with regard to the collection and to the education of others but to her personal such a light. sharing of personally identifiable information education as well. She worked hard not only It is for that reason that I rise today to rec- with repressive countries, and the steps they for her Bachelor of Science Degree from Illi- ognize Hortense Brice for her dedication to the take to notify users when they remove content nois State University but also for her Master’s teaching of advanced science in high school or block access to content. This provision of Degree in Curriculum and Instruction from the students in the Chicago Public Schools and to the bill will help democratic activists and University of Illinois at Chicago. After her Mas- congratulate her on her retirement. human rights defenders hold Internet compa- ter’s degree she trained for 36 hours in f nies accountable by creating a new trans- Science Education at the Illinois Institute of RECOGNITION OF GREGORY C. parency standard for Internet companies. This Technology. BRADY UPON HIS RETIREMENT provision will also require foreign Internet serv- For most people, graduating from college FROM THE DEPARTMENT OF ice companies that are listed here in the U.S. marks the end of their academic careers and JUSTICE to report this information as well—this will in- the beginning of their financial ones. For clude such big-name Chinese companies such Hortense however this was not the case. Her HON. JEFF FORTENBERRY as Baidu, Sohu and Sina. drive for knowledge pushed her to enroll in OF NEBRASKA Finally, in response to many reports that further workshops, conferences, and graduate- IN THE HOUSE OF REPRESENTATIVES we’ve all seen in the papers recently of U.S. level courses in a number of scientific fields technology being used to track down or con- and at many respected institutions of higher Wednesday, December 14, 2011 duct surveillance of activists through the Inter- learning. She did this not just for a love of Mr. FORTENBERRY. Mr. Speaker, today I net or mobile devices, this bill will prohibit the learning but also, so that when teaching her would like to honor and pay tribute to Gregory export of hardware or software that can be pupils, she would be able to pass on an ex- C. Brady, a fellow Nebraskan and the Prin- used for potentially illicit activities such as sur- pertise and deep seated knowledge that they cipal Deputy General Counsel for the Office of veillance, tracking and blocking to the govern- would not be subject to otherwise. This is ex- Justice Programs, in the U.S. Department of ments of Internet-restricting countries. Current actly what she did when she created the first Justice, who is retiring after forty-six years of export control laws do not take into account biotechnology curriculum in the Chicago Public remarkable public service in the interests of the human rights impact of these exports and School system. justice. His tireless dedication to the multi-fac- therefore do not create any incentive for U.S. To teach is to lead. Hortense Brice has em- eted work of the Department, reflected in his companies to evaluate their role in assisting bodied, and still embodies, such a principle. many career accomplishments, have earned repressive regimes. This section will not only She created the first Biotechnology Center of him great respect and recognition in the Office help stop the sale of these items to repressive Excellence at Lindblom Math and Science of Justice Programs and its component agen- governments, but will create an important for- Academy, supporting professional develop- cies, and throughout the Department and eign policy stance for the United States that ment for Chicago Public School teachers. The among his fellow attorneys at bar. I want to will help ensure that dissidents abroad know belief that it is just as important to teach the take a moment to memorialize his extraor- we are on their side, and that U.S. businesses next generation of teachers as it is the next dinary and inspiring accomplishments. are not profiting from this repression. generation of pupils was at the foundation of Greg Brady was born and reared in Ne- This export control law is long overdue, and Hortense’s work. She arranged for high school braska, graduating from the University of Ne- thoroughly consistent with the approach Con- teachers from the Chicago Public Schools to braska in 1962, with a Bachelor of Arts de- gress has taken, for example, in restricting ex- enroll in a 2-year biotechnology training gree, and in 1965, with a Juris Doctorate.

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K14DE8.003 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS December 14, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2251 Thereafter, Mr. Brady served a three-year tour countless matters relating to every conceiv- schedule, he has lived his vocation as a family of duty in the Judge Advocate General Corps able area of administrative law. man (he is the father of three adored daugh- of the U.S. Navy (from which, after pros- In 1984, on account of his vast practical and ters and grandfather to two no-less-adored ecuting and defending scores of cases, he administrative experience, he was asked to granddaughters) to the full, and his community was honorably discharged with the rank of found, and become the first Director of, a new has known that he can be depended upon to Lieutenant). Mr. Brady began his service with Office of Justice Programs component, which volunteer his time for others. To give but one the Department of Justice in December 1968, eventually was to become the Office for Vic- example: For over twenty years, he has been as an Assistant United States Attorney in the tims of Crime—a signal initiative of President a night-time volunteer (i.e., after putting in a District of Columbia, and has been continu- Reagan’s administration. And he did found full-day’s work) at a crisis/suicide hotline in ously serving the Department of Justice, and that office, on firm and sound lines, co-author- Prince William County, Virginia. In 2001, he the public, faithfully and in an exemplary man- ing what eventually was enacted as the Victim was named their ‘‘Exceptional Volunteer of the ner ever since. Compensation and Assistance Act of 1984 Year.’’ His tireless volunteer work in his com- In the United States Attorney’s Office, he (Pub. L. 98–473), which clearly sets forth the munity and parish have earned him numerous demonstrated his flexibility of mind and zeal- purposes and organic principles of the office— Attorney-General commendations over the ous devotion to duty in countless criminal purposes and principles that remain in place years. (misdemeanors, felonies, grand juries, etc.) today. His mission at that office accomplished, It is no small thing to stress that Mr. Brady and civil cases that he litigated, at the trial and some three years later, the leadership of the has performed all of these tasks with unfailing appellate levels, many of which cases involved Office of Justice Programs acquiesced in Mr. courtesy, professionalism, and kindness (to groundbreaking questions of law. Mitchell v. Brady’s request to return to its Office of the say nothing of his ever-present humor and Laird, for example, 488 F.2d 611 (D.C. Cir. General Counsel, where he has served ever sharp wit). The long and short of it is that Mr. 1973), was brought unsuccessfully by thirteen since. Brady simply is someone who, quietly and members of the U.S. House of Representa- He has been the principal ethics officer at unassumingly, has kept the Department of tives to enjoin the involvement of U.S. military the Office of Justice Programs since 1988 (in Justice (and especially the Office of Justice personnel in the Vietnam conflict, and involved which capacity he has provided excellent guid- Programs) running. Although his career in the complex Constitutional questions of standing, ance, training, and advice to the General Department hardly has been typical (at least in executive prerogative, and justiciability. United Counsel, Presidential appointees, and career that it does not mostly involve litigation), Mr. States v. Crowder, 543 F.2d 312 (D.C. Cir. employees, alike), and in 1996 became the Brady epitomizes the ideal of a Department of 1976)—which Mr. Brady’s arguments (op- Deputy General Counsel, after having served Justice attorney. For this reason, he has re- posed by those of Mr. Robert Bennett) initially for years as Associate General Counsel; he ceived both the Attorney General’s Mary C. won at the District Court, then lost before a became Principal Deputy General Counsel in Lawton Lifetime Service Award (one of the Circuit Court panel, and then won in an en 2001. Department’s very highest awards), as well as banc proceeding of the Circuit Court—was the For the last twenty-four years, Mr. Brady the Office of Justice Programs’ Assistant Attor- first case in the country to approve use of a has applied a firm sense of purpose and integ- ney General’s Lifetime Achievement Award. search warrant to require a suspect to submit rity to instructing numberless Department em- And for his years of dedicated public service, to surgery so the police could obtain a bullet ployees in how to negotiate the minefields of he received a personal commendation from as evidence of his criminal activity. (The case ethical situations associated with administra- President George W. Bush. against Crowder (a two-time murderer) for the tion of a multi-billion-dollar-a-year grant-mak- Gregory C. Brady has dedicated his profes- murder of a prominent Washington dentist was ing operation. At a time when the corporate sional life to public service, and his many ac- considered weak, because the only evidence world has endured significant ethical and complishments during the forty-six years of known to the police that could link him firmly moral lapses, Mr. Brady’s personal efforts con- that professional life are a credit to him, to his to the earlier crime were the bullets lodged in sistently have guided officials of the Depart- family, to his home State of Nebraska, to the his arm and leg, from his murder-victim’s gun. ment with a minimum of public conflict or Department of Justice, and to his local com- It was Mr. Brady’s idea to try to obtain a scandal, and with the result that there is a munity of which he is such an active, gen- search warrant for the bullets; he also thought clear public perception—necessary to the suc- erous, and vibrant member. of the stratagem of deputizing the (anxious) cess of any government program—of even- f physicians from Georgetown University Hos- handedness in the administration of the Office pital as U.S. Marshals for purposes of the sur- of Justice Programs’ criminal-justice grant pro- TO CELEBRATE THE LIFE OF gery. Judge McGowan’s concurrence (as does grams. SIMONE ‘‘SAM’’ SAVIA Judge Leventhal’s dissent) goes out of its way Mr. Brady’s love of the law and its practi- to praise Mr. Brady’s prosecution for the pro- tioners in the legal profession manifested itself HON. GERALD E. CONNOLLY cedural orderliness and fair play it consistently in his generous devotion of time and attention OF VIRGINIA demonstrated in the case. The case was fea- to mentoring law students and newly-minted IN THE HOUSE OF REPRESENTATIVES tured in a Time magazine article.) This kind of attorneys during the critical development legal creativity and strict adherence to the rule stages of their careers. As Deputy General Wednesday, December 14, 2011 of law remains typical of Mr. Brady, nearly thir- Counsel over the past twenty years, he has Mr. CONNOLLY of Virginia. Mr. Speaker, I ty of whose cases are officially reported in the guided (even shepherded) them, with his ap- rise today to celebrate the life of Simone published court records. proachable, kindly, and affable manner. His ‘‘Sam’’ Savia, who passed away peacefully on Having attained the rank of Deputy Chief of deep understanding and wide experience in December 9, 2011, surrounded by his beloved the Appellate Division at the United States At- the law made him an inspiring and effective family, after seven decades of service to his torney’s Office here in the City, Mr. Brady teacher. Mr. Brady genuinely delighted in see- local volunteer fire department. began his career with the Justice Depart- ing the progress and development of attor- Sam, a lifelong resident of Vienna, Virginia, ment’s Law Enforcement Assistance Adminis- neys, and their embrace of the highest stand- was born in the mid 1920’s. He grew up a few tration (the predecessor agency to the Office ards of the legal profession; and the number steps away from the original fire station in Vi- of Justice Programs) in February 1974, for- and variety of law firms and government agen- enna where he and his brothers were frequent mally in the Office of the General Counsel, but cies that have been affected by individuals visitors. In 1941, Sam, then 15, joined the Vi- actually detailed to assist in the creation and originally trained by him is impressive. (These enna Volunteer Fire Department (VVFD), development of grant and support programs to include an Assistant Attorney General, as well which had lowered the age requirement to ad- assist States in improving the management of as the Executive Director of a Government dress a manpower shortage created when prosecution offices, combating career crimi- Corporation and a past Presidential appointee most of the town’s young men had been nals, and reducing white-collar crime. His responsible for juvenile-justice issues.) In the called to serve in WWII. prosecutorial experience in the Navy and the Office of the General Counsel, he has dem- When Sam joined the VVFD, the town bore United States Attorney’s Office made him in- onstrated outstanding legal research, presen- little resemblance to the bustling commercial valuable to the program, which, itself, is at the tation, and advocacy skills, and has been a and residential area it is today. There were no heart of the core mission of the Office of Jus- true role model for all of the attorneys, greatly fire hydrants, as the town did not yet have tice Programs. In 1980 (at his request), Mr. assisting in their professional development. water or sewer service, and the department’s Brady returned to the direct practice of law, in And ‘‘role model’’ is, in fact, the apt term: for pumper truck would pull water from ponds, the agency’s Office of the General Counsel, Mr. Brady is no one-dimensional work-is-my- streams or one of the town’s three cisterns. dispensing advice and rendering opinions on life attorney. Despite his aggressive work Sam recalled during an interview earlier this

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K14DE8.005 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2252 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 year with the Fairfax Times that there was no tion Prevention Act. Regrettably, the House history of the events or the place we are ad- county fire training academy in those days so Republican majority is choosing to waste pre- dressing. he and his fellow volunteers learned the ‘‘hard cious floor time debating this political state- Charlie Crowley has been a friend as well way’’ by trial and error on the job. ment instead of allowing a vote on President as a colleague. He retires entitled to a sense Sam selflessly served on the Vienna Volun- Obama’s American Jobs Act. of satisfaction about the great job he has teer Fire Department for 70 years. He held nu- Contrary to the claims of my Republican col- done—especially in an era when being Mayor merous leadership positions including Assist- leagues, H.R. 1633 has nothing to do with job of a city is one of the hardest jobs around. ant Secretary, Treasurer, Secretary, Vice creation or economic growth. This legislation f President, multiple terms as President, and addresses a nonexistent issue since the Envi- URGING TURKEY TO SAFEGUARD multiple terms as a member of the Board of ronmental Protection Agency (EPA) stated re- ITS CHRISTIAN HERITAGE Directors. Responding to innumerable emer- peatedly it has no intention of regulating ‘‘farm gency calls over many decades, it is impos- dust.’’ SPEECH OF sible to calculate the number of lives and However, it cannot be said that H.R. 1633 properties he helped save. As a life member would have no effect. This legislation creates HON. VIRGINIA FOXX of the VVFD, Sam continued to actively per- new loopholes that allow open-pit mines, grav- OF NORTH CAROLINA form various administrative jobs in the depart- el mines, smelters and coal-processing facili- IN THE HOUSE OF REPRESENTATIVES ment after he retired from operational duty. ties to escape public-health protections under Tuesday, December 13, 2011 Sam also contributed greatly to other com- the Clean Air Act. Enactment of this legislation Ms. FOXX. Mr. Speaker, I’m thinking about munity causes. In the early years of the sta- would result in more pollution leading to more why Congress is raising the issue of Christian tion, the VVFD sponsored the Old Dominion premature deaths, asthma attacks, respiratory properties in Turkey at a time when that coun- Baseball League and Sam was instrumental in disease and heart attacks. House Republicans try has already addressed these concerns. It the construction of Waters Field. After the say they are standing up for family farmers is very unfortunate that at a time when our VVFD stopped sponsoring baseball, the Vi- when in fact they are aiding corporate pol- country is facing so many challenges, that we enna Host Lions Club in 1954 called on Sam luters. are focusing on an issue that should be set- to organize little league baseball in the town. While the Minnesota family farmers I have tled internally by a foreign country. I strongly Sam set up the program, coached teams, and heard from have serious challenges, they as- support religious freedom but this is not an ap- helped construct the necessary fields. The sure me that farm dust is far down on their list propriate issue for the United States Congress Jessup-Savia Field at Nottoway honors Sam of priorities. Their real concerns relate to rising to be involved in. in recognition to his tremendous contributions costs for seed, fertilizer, land, rent and ma- Last August, while Congress was in recess, to little league and youth in Vienna. chinery. They worry about protecting their land the Turkish Government took the decision to Sam also served as president of the Vienna for the next generation in the face of federal return to non-Muslim community foundations Lions Club and on the Vienna Centennial Co- cuts to conservation programs. They struggle the immovable properties registered in the ordinating Committee. In recognition of his with consolidation in the agricultural sector name of Turkish public institutions, or com- years of service to the community, Sam was and the ability of the biggest farms to expand pensate (at market rates) those foundations if named the 2006 Citizen of the Year by the Vi- at the expense of smaller ones. Political de- such properties are held by third parties. enna-Tysons Regional Chamber of Com- bates in Washington about farm dust are not Secretary Clinton publicly praised and ‘‘ap- merce. a factor in their lives. plauded’’ Turkey and Prime Minister Erdogan On July 25, 2011, the Vienna Volunteer Fire H.R. 1633 is just another veiled Republican for this ‘‘serious step to improve the climate Department hosted a ceremony honoring Sam assault on our nation’s landmark clean air for religious tolerance’’ during a briefing on the for his seven decades of service to the De- laws. I urge my colleagues to reject this bill release of State Department International Reli- partment. During this ceremony, July 25, 2011 and return our attention to the real problems gious Freedom Report. The Report itself em- was proclaimed Sam Savia Day by the Town that are impacting job growth in our economy. phasizes Turkey’s ‘‘steps to improve religious of Vienna in recognition of his contributions to f freedom.’’ Furthermore, during the American the community, and the Commonwealth of Vir- MAYOR CHARLES CROWLEY RE- Turkish Council 2011 Annual Conference, ginia followed suit by approving House Joint Secretary Clinton said: ‘‘I was particularly im- Resolution 5170 commending Sam for his TIRES AFTER A JOB VERY WELL DONE pressed by Prime Minister Erdogan’s state- service. The department also renamed its ap- ment during Ramadan that property would be paratus building the Sam Savia Apparatus Fa- returned to religious minority groups, and we cility so future generations of firefighters and HON. BARNEY FRANK also hope to see other positive steps, such as citizens in Vienna will remember this man who OF MASSACHUSETTS reopening of the Halki Seminary.’’ dedicated his life to public safety, his family, IN THE HOUSE OF REPRESENTATIVES The simple truth is that we shouldn’t single and his community. Wednesday, December 14, 2011 out one country when we know there are simi- Mr. Speaker, I ask that my colleagues join lar issues throughout the world. If we’re going me to celebrate the life and deeds of Sam Mr. FRANK of Massachusetts. Mr. Speaker, on December 27th, Mayor Charles Crowley of to be involved with calling attention to the Savia, and to express our deepest condo- faults of one country, we are setting a dan- lences to his wife Gertrude, their children, and the city of Taunton will be chairing his last City Council meeting. It has been a great privilege gerous precedent where the House of Rep- their entire family. resentatives can be distracted by focusing on f and pleasure for me during the last four years and nine months to work with Mayor Crowley, the problems existing anywhere else in the FARM DUST REGULATION as the Member of the U.S. House of Rep- world. We need to be promoting religious free- PREVENTION ACT OF 2011 resentatives for the city of Taunton. Officially, dom and tolerance all over the world and this he is an extremely thoughtful and creative resolution does not accomplish that goal. A SPEECH OF chief executive, who combines a capacity to better use of our time and energy would be for HON. BETTY McCOLLUM do serious policy analysis with important man- all of us to foster stronger bilateral relations with all of our allies. OF MINNESOTA agement skills. We have collaborated on a f IN THE HOUSE OF REPRESENTATIVES number of issues important to the city of Thursday, December 8, 2011 Taunton, involving transportation, housing, and CAMP ASHRAF economic development, and I have found it The House in Committee of the Whole easy to represent the city under Charlie HON. TED POE House on the state of the Union had under Crowley’s mayoralty, because he does his consideration the bill (H.R. 1633) to establish OF TEXAS homework in a way that makes being the ad- a temporary prohibition against revising any IN THE HOUSE OF REPRESENTATIVES vocate for the city he presides over easy. national ambient air quality standard appli- Wednesday, December 14, 2011 cable to coarse particulate matter, to limit For someone who is interested in history, Federal regulation of nuisance dust in areas talking with Charlie Crowley is always fas- Mr. POE of Texas. Mr. Speaker, Camp in which such dust is regulated under State, cinating. Mayor Crowley is a first-rate histo- Ashraf is a small little camp in Iraq made up tribal, or local law, and for other purposes: rian, and I have rarely been with him dealing of a few thousand Iranian freedom fighters. Ms. MCCOLLUM. Mr. Chair, I rise to strong- with a particular policy when I haven’t learned They are unarmed civilians who, like us, don’t ly oppose H.R. 1633, the Farm Dust Regula- something relevant and interesting about the like the tiny tyrant in the desert.

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K14DE8.006 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS December 14, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2253 But the Camp is under siege. tle Union Baptist, was built. Its diminutive the state or other parties since 1936, and PM Maliki wants to close the camp by De- name may have reflected its intimate member- would pay compensation for properties that cember 31. ship early on, but the church acted as a focal were seized and later sold. If the Camp is closed, many of the residents point of the community and a great source of I don’t think such a gesture should be re- could be killed. comfort and pride in times of both joy and dif- paid by a sense of Congress that claims that You see, Iraqi soldiers can’t be trusted. In ficulty. ‘‘the Republic of Turkey has been responsible 2009 and 2011, they killed dozens of innocent In over one hundred years of serving the for the destruction and theft of much of the civilians in the Camp. community, the Little Union family has grown Christian heritage within its borders’’ and Now Iran is promising all sorts of goodies if in size, yet its mission, handed down from which accuses our strongest Muslim ally of Iraq closes down the Camp. Mrs. Bates Thomas to the church leadership ‘‘official and unofficial acts of discrimination, Iran hates anyone who disagrees with its re- and today through the guidance of Reverend intolerance, and intimidation.’’ This is a gov- gime, so it wants nothing better than to have James Green, has always remained: ‘‘to es- ernment that has fought beside our soldiers in all these people in the Camp forcibly removed tablish a fellowship in Jesus Christ that will Afghanistan, and has provided training, over- and eliminated. promote the Gospel throughout the community flight and logistical support that have been crit- But there is one tiny problem with Iran and and the world.’’ ical to the United States in Iraq. Iraq’s dirty little scheme: The world is watch- Mary Bates Thomas would surely be proud While we debate this resolution, we can’t ig- ing. to see what her church has become. Due to nore the fact that Turkey has taken important Since the massacres, Camp residents have the generosity of the congregation, the able steps forward regarding civil and political applied for UNHCR political refugee status. leadership of the church, and God’s grace, rights, and is even now developing a new con- It will take the U.N. 6 months to process today we may celebrate Little Union Baptist’s stitution to reflect Turkey’s diverse society and their applications. satisfaction of its mortgage. Now in complete its aspirations to become a more active mem- The U.N. Secretary General just wrote me ownership of its house of worship, the church ber of the global community. This orientation yesterday to say that he has personally en- will be able use its resources in even greater should be encouraged. The resolution before us, in my view, does nothing to encourage couraged Maliki to not close the Camp down. support of other outreach ministries. Sixty-five of my colleagues asked President Mr. Speaker, I ask that my colleagues join Turkey on that path, regardless of what its Obama to raise this issue when he met with me in celebrating the ‘‘Mortgage Burning Serv- backers are claiming. Only in the last few months, Turkey has PM Maliki yesterday—we don’t know if he did ice’’ for Little Union Baptist Church. I would taken some very difficult and controversial or not. like to extend my sincere appreciation to the steps that support the foreign policy of the Maliki could be tried with war crimes if there Little Union church family for establishing and United States. Perhaps the best example, and is a New Year’s massacre. maintaining a healthy house of worship that least well-known, is in Libya. While U.S. and It should be the official policy of the United spreads the spirit of charity and provides N.A.T.O. forces were protecting Libyan civil- States to urge the government of Iraq to pro- counsel to those in need of guidance. ians from a depraved dictator, the Republic of tect the residents, not return them to Iran, and f Turkey agreed to serve as a ‘‘protecting not close the Camp until the U.N. can finish its power’’ on behalf of the United States. In that political refugee process. URGING TURKEY TO SAFEGUARD ITS CHRISTIAN HERITAGE capacity they represented the United States in I am thankful to the Chair and Ranking Libya, including acting as consular officers on Member of the Foreign Affairs committee for SPEECH OF behalf of U.S. citizens in Libya and looking their support of this policy. after American diplomatic facilities in the coun- We cannot allow Maliki to once again HON. JAMES P. MORAN try. They also fully supported our goal of pro- slaughter innocent civilians. OF VIRGINIA tecting the Libyan opposition, and pledged fi- And that’s just the way it is. IN THE HOUSE OF REPRESENTATIVES nancial and material support to NATO to bring f Tuesday, December 13, 2011 about a free, democratic, secure, stable, and united Libya. Is this how we repay them? RECOGNIZING THE MORTGAGE- Mr. MORAN. Mr. Speaker, as a strong sup- Another example of Turkey’s positive role in BURNING SERVICE AT LITTLE porter of religious freedom, I share the desire UNION BAPTIST CHURCH the Mediterranean region is their government’s of many of my colleagues that our inter- decision to host a U.S. radar warning system national relationships and foreign policy should in the southeastern region of the country. This HON. GERALD E. CONNOLLY reflect our values. A legacy of intolerance and is a landmark agreement for the alliance. OF VIRGINIA violent conflict is still palpable in Turkey, dec- NATO Secretary General Anders Fogh Ras- IN THE HOUSE OF REPRESENTATIVES ades after the upheavals and population trans- mussen called the installation a ‘‘critical con- fers that took place as the Ottoman Empire Wednesday, December 14, 2011 tribution’’ to the Alliance’s efforts to address collapsed. Greeks, Armenians, Assyrians, and the growing threat of proliferation. This effort is Mr. CONNOLLY of Virginia. Mr. Speaker, I others still live with this legacy, and for many not inconsistent with Turkey’s leadership on rise today to recognize the Little Union Baptist decades Turkey’s government failed to ac- issues of international security—only last Church, in Dumfries, Virginia, on the occasion count for it or to take any steps to recognize month Turkey hosted an important inter- of its June 11, 2011, ‘‘Mortgage-Burning Serv- it. national security conference on Afghanistan, ice.’’ Yet, Turkey is undergoing profound and and Turkey continues to participate in military The Deed for the first site of Little Union very hopeful changes today. The current Turk- and civilian efforts in Iraq and Afghanistan. Baptist Church was signed on September 9, ish leadership demonstrates an understanding And Turkey has also demonstrated a willing- 1901, a gift of the land from John Thomas and of these changes. They are challenging en- ness to challenge undemocratic and despotic Mary Bates Thomas to church trustees. For trenched, conservative orthodoxies and facing neighbors, despite the risk to its own eco- Mary Bates Thomas in particular, this gift rep- the past in ways that I believe we should en- nomic interests. The Turkish government has resented a great achievement in the life of a courage. That is why I cannot support the res- imposed sanctions on the Assad regime in truly amazing woman. Mary Bates was born olution before us today. It is out of step with Syria, and erected trade barriers that will into slavery in Northern Virginia. As a slave, the reality of today’s Turkey, the U.S.-Turkish make it harder for the dictatorship to remain in Ms. Bates learned to read and write and par- alliance, and the political realities in the East- place. And the Erdogan government has also ticipated in the camp meetings praising God ern Mediterranean. distanced itself from Iran by pushing for sec- and maintaining her undying faith in the face I am concerned that H. Res. 306 would not ular, democratic governments in Egypt, Tuni- of such great hardship. only send the wrong signal, it would cause the sia and Syria. These are not easy steps for Following emancipation, Mary Bates Thom- deterioration of a relationship with an impor- the Turkish government to take—Iran and as became a pillar of her community, running tant ally without advancing the laudable goal Syria account for much of Turkey’s eastern a small general store with her husband John of religious freedom. border and a large part of its trade. But they Thomas, reading and writing letters for the illit- The fact is, the Turkish government is mov- are pushing ahead, because they share our erate, and acting as a healer and midwife. ing in the right direction on this issue, and of concern for democratic values. Turkey’s gov- Recognizing the need of her community for a their own accord. Prime Minister Erdogan of ernment is showing that there can be no real church of its own, Mary Bates Thomas and Turkey announced last August that his govern- peace without moral principles. her husband donated the land on which the ment would return hundreds of properties that The resolution before us seems utterly igno- church, which would come to be known as Lit- were confiscated from religious minorities by rant of these critical developments. I cannot

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14DE8.004 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2254 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 support it, despite my profound wish that Tur- greater access to clean water and sanitation. In another example of forward movement key fully embrace the full diversity represented And in this period of tight budgets, it is impor- that Congress has yet to recognize, the Arme- within its borders. Further, I would like to see tant that the Water for the World Act doesn’t nian Orthodox Patriarch led worship services the current government of Turkey—as well as ask for any increase in funding, but rather im- in the historic Armenian church on Akhtamar the governments of Greece and Armenia— proves the effectiveness, transparency and ac- Island near Van for the first time since World fully and fairly recognize the enduring pain countability of international aid programs. War I, attended by thousands of pilgrims from that conflict and hatred have wrought in its ter- Given the strains on federal resources and the Turkey and abroad. ritory. I feel that under Prime Minister depth of need, it is essential that we are able Congress should welcome Prime Minister Erdogan, that process of acceptance and ac- to target our efforts more efficiently. Erdogan’s commitment to return property to countability has begun. We in the United The Water for the World Act also gives the religious minority communities and recognize States Congress can support a process of au- State Department and U.S. Agency for Inter- Turkey’s status as a majority Muslim, demo- thentic reconciliation, and we should. national Development the tools needed to le- cratic, secular state where all religions are Turkey is our strong ally and friend. By verage the investments they are already mak- equal. shoring up our friendship, we can have discus- ing by elevating the current positions within The latest International Religious Freedom sions about the shortcomings we see in our the State Department and USAID to coordi- Report published by the State Department lists ally. But this resolution fails to meet the basic nate the diplomatic policy of the U.S. on global areas where the Turkish government has standard of an enduring alliance, and there- freshwater issues and to implement country- made significant advances, while calling for fore must oppose it. specific water strategies. improvements in areas such as the reopening f There is nothing more fundamental to the of the Halki Seminary on the island of Heybeli. human condition and global health than ac- Further improvement is always possible, THE WATER FOR THE WORLD ACT cess to clean water and sanitation. More and as Turkey moves forward with constitu- OF 2012 needs to be done, and it needs to be done tional reform efforts, I am confident that this well. Taxpayers are rightly demanding better process will recognize religious freedom, HON. EARL BLUMENAUER results and greater transparency from foreign equality and plurality as universal values that OF OREGON aid. This bill provides the tools and incentives should be upheld in every corner of the world. IN THE HOUSE OF REPRESENTATIVES to do just that. f f Wednesday, December 14, 2011 SUDAN PRESS CONFERENCE Mr. BLUMENAUER. Mr. Speaker, as Amer- URGING TURKEY TO SAFEGUARD ica prepares for the holiday season, it is im- ITS CHRISTIAN HERITAGE HON. FRANK R. WOLF portant to pause and reflect on what we can SPEECH OF OF VIRGINIA do for others as well as ourselves. I hope that HON. GREGORY W. MEEKS IN THE HOUSE OF REPRESENTATIVES Congress will give a gift of life, health and Wednesday, December 14, 2011 hope by helping people around the world with OF NEW YORK something that most Americans take for grant- IN THE HOUSE OF REPRESENTATIVES Mr. WOLF. Mr. Speaker, I submit remarks I ed: safe drinking water. Tuesday, December 13, 2011 delivered at a Sudan press conference today Nearly 900 million of the world’s poorest hosted by the U.S. Commission on Inter- Mr. MEEKS. Mr. Speaker, I rise today to national Religious Freedom. don’t have clean drinking water, and fully 2.6 speak on H. Res. 306, urging the Republic of SUDAN PRESS CONFERENCE, billion lack access to improved sanitation. This Turkey to safeguard its Christian heritage and 1P.M., DECEMBER 14, 2011, RAYBURN FOYER shortfall poses a significant challenge for de- to return confiscated church properties. velopment and security around the world, rein- I believe that it is important for Secretary We are surrounded today by photos which convey a dark but familiar story—Sudanese forcing a cycle of poverty and instability that Clinton to discuss issues of religious freedom represents both a humanitarian disaster and a people, brutalized, marginalized and terror- and equality with her Turkish counterparts, but ized by their own government. national security threat. I regret that Congress often fails to acknowl- And yet, it seems this same regime has Water-related diseases are particularly bru- edge the rapidly developing situation in Tur- been afforded the privilege of legal represen- tal in how they target children: 90% of all key, where the relationship between religion tation in Washington by the Obama adminis- deaths caused by diarrheal diseases are chil- and state is evolving in positive and dynamic tration. dren under 5 years of age, mostly in devel- ways. Earlier this week, I was outraged to learn oping countries. In all, 1.8 million children As a devout Christian and American, I be- that the genocidal government of Sudan led by Omar Hassan Bashir—an internationally under the age of 5 die every year, more than lieve that all religions should be treated equal- from AIDS, tuberculosis and malaria com- indicted war criminal—now has a lawyer, ly, with dignity and respect, both here in the Mr. Bart Fisher, on retainer in Washington. bined. The economic impacts are devastating: United States and abroad, and as such, I wish According to a news report in Africa Intel- inadequate sanitation in India alone costs that the resolution before us today would have of- ligence, Mr. Fisher was hired with the ex- country $53.8 billion, or 6.4 percent of its GDP fered a more balanced perspective, acknowl- press purpose of trying ‘‘to lift American every year. edging the positive steps taken by the Turkish sanctions against it.’’ What’s more, dirty water directly affects government. In documentation posted on the Depart- every area of development. Children cannot Turkey is home to many faiths, and I believe ment of Justice Web site, it appears that Mr. Fisher was granted a license by the Office of attend school if they are sick from dirty water, that Turks take questions and concerns about and adults suffering from water-borne illnesses Foreign Assets Control (OFAC) at Treasury religious freedom and equality very seriously. to provide this representation and that he overwhelm hospitals and cannot go to work. Turks are no strangers to religious restrictions, plans to engage in political activities, among Hours spent looking for and collecting clean discrimination and prejudice, which confront them, ‘‘Representations (including petitions) water mean hours not spent adding to a fam- many of their communities abroad. . . . to U.S. government agencies regarding ily’s economic well-being. In short, the best in- I would like to commend the government of sanctions . . .’’ tentioned efforts at development fail if the Turkey for its recent reform of The Law on If true, I am appalled that this has been basic necessity of clean water is not met. Foundations, which enables the return of or permitted and can’t help but wonder if Mr. In this period of good tidings, there is good compensation for immovable properties signifi- Fisher’s political contributions were a fac- tor. The administration should reverse this news with water. The solution to this problem cant to religious minority communities. Con- approval. is cheap and relatively straightforward. We gress should also acknowledge that Turkey Martin Luther King famously said, ‘‘In the don’t have to spend millions searching for a has preserved or restored many sites of im- end, we will remember not the words of our cure. Sometimes something as simple as portance to religious minorities in recent years, enemies, but the silence of our friends.’’ teaching the value of hand washing, or pro- and we should encourage the continuation of I can’t help but wonder what the people of viding access to technology we already have this important work. Sudan are thinking at this particular junc- is all it takes to save millions of lives and in- I applaud the Turkish government for easing ture when the administration struggles to crease economic development. What we lack restrictions on the Greek Orthodox community find its voice on their behalf, while at the same time seemingly empowering the voice is leadership and accountability. and the Ecumenical Patriarch, initiatives that of their oppressors. It’s time for Congress to act again. The have been welcomed by the Hellenic commu- Would we even dream of allowing Water for the World Act of 2012 builds on cur- nities in Turkey and the United States and im- Milosevic, Karadzic or Gaddafi to have rep- rent U.S. efforts to provide those in need with proved relations between Turkey and Greece. resentation in the nation’s capital?

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A14DE8.005 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS December 14, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2255 Bashir’s crimes are well-known and docu- Literacy Volunteers of America—Prince Wil- In a Democratic substitute we would have mented. This is the same man that is ac- liam. included the Wireless Innovation and Public cused by the International Criminal Court of Founded in 1991 by local librarian Dona Safety Broadband Act that Representatives five counts of crimes against humanity, in- Swanson to help teach a library patron to cluding murder, rape, torture, extermi- ESHOO and I sponsored. It keeps many of the nation, and two counts of war crimes. read, Literacy Volunteers of America—Prince same policy goals as the Republican legisla- I’ve been to Sudan five times, including in William has since grown to 300 volunteers and tion, but it would not undermine public safety July 2004 when Senator Sam Brownback and 600 students. Despite its impressive growth, by erecting a faulty governance model for a I were the first congressional delegation to LVA-PW has maintained its direct service ap- public safety broadband network, nor would it go to Darfur. We spoke with women who had proach, providing individualized adult literacy mandate the premature return of spectrum uti- been raped just days earlier. tutoring based on the personal needs and lized for mission critical voice communications. The Arab janjaweed militias, armed by goals of adult learners seeking to improve Khartoum, told these women that they want- The substitute also would have allowed the ed to make ‘‘lighter skinned babies.’’ their education and employment skills. LVA- FCC necessary discretion to preserve unli- In addition to horrific human rights abuses PW’s programs are well-researched and con- censed spectrum uses that preserve innova- and crimes committed by Bashir and his Na- stantly tracked and evaluated by staff to en- tion and benefit consumers as well as protect tional Congress Party (NCP), Sudan remains sure their effectiveness. This has proven to be consumers from monopolies. on the State Department’s list of state spon- a highly successful model; in 2010, LVA-PW’s In a Democratic substitute, we would not sors of terrorism. It is well known that the adult learners received a total of 12,000 hours have included the poison pill of the Keystone same people currently in control in Khar- of instruction, with nearly 80% achieving at toum gave safe haven to Osama bin Laden in XL tar sands pipeline provision. the early 1990s. Moreover, Khartoum was a least one of their personal goals. In a Democratic substitute, we would not be revolving door for Hamas and other des- Literacy Volunteers of America—Prince Wil- asking modest income seniors and individuals ignated terrorist groups. liam has established itself as an institution in with disabilities to foot the bill for tax relief— But Bashir’s crimes are not merely at the community, fostering local partnerships to that’s just robbing Peter to pay Paul. Seniors thing of the past as we will hear in greater strengthen both their own services and those making over $85,000 a year are already pay- detail today. At a recent Human of other community groups, including the Rights Commission hearing on the crisis in ing more for Medicare. High income earners Prince William County Library System, the Vir- already pay more all their lives for Medicare Southern Kordofan and Blue Nile states in ginia Employment Center, Northern Virginia Sudan, former Member of Congress and through the Medicare payroll tax which has no President of United to End Genocide, Tom Community College, the Prince William County cap. The changes in the Republican bill re- Andrews, spoke about his experiences while Adult Education Program, and local busi- structure the Medicare program in problematic visiting the region. nesses through workplace literacy programs. ways to pay for short term extensions. He said that there were reports of, ‘‘Suda- Literacy Volunteers of America—Prince Wil- In a Democratic substitute, we would not be nese armed forces and their allied militias liam has additionally been recognized in the creating an additional 170,000 uninsured peo- going door to door targeting people based past as Community Service Organization of upon their religion, and based upon the color ple by increasing costs on working class indi- the Year by the Prince William Regional viduals through the health care tax credit and of their skin.’’ Chamber of Commerce, Volunteer Organiza- Let me repeat that . . . people were being subsidies in the Affordable Care Act. targeted for killing based upon their religion tion of the Quarter by Prince William County, In a Democratic substitute, we would not be and the color of their skin. and Friday’s Hero by the local Channel 9 taking the shortsighted step of reducing our According to the USCIRF delegation that News. Most recently, LVA-PW Executive Di- commitment to public health and prevention recently visited Sudan and met with refugees rector Kim Sells received the Nancy Jiranek activities. These activities help to prevent dis- in Yida camp, all of the pastors with whom Award for Outstanding Virginia Adult Literacy they spoke said they fled Southern Kordofan eases like diabetes, heart disease, cancer, Executive Director from the Virginia Literacy and obesity and can lower healthcare costs after learning that the Sudanese military Foundation. was undertaking house searches for Chris- over the long run. Mr. Speaker, I ask that my colleagues join tians and SPLM–N supporters. The Democratic substitute would be a fair me in recognizing the 20th Anniversary of Lit- If this were happening in southern France, extension of important programs and would be eracy Volunteers of America—Prince William. the world would be outraged. The world paid for by the withdrawal and downsizing of would take action. And yet, this story rarely I also express my gratitude to LVA-PW’s vol- troops overseas through the overseas contin- features above the fold. unteer tutors and trainers, Board of Directors, gency fund. We stand just blocks from a museum that and staff for helping to empower members of cries out ‘‘Never Again.’’ Meanwhile, it ap- the community by increasing life skills and f pears that this administration is complicit in allowing the genocidaire Bashir an advo- workforce potential through literacy. MARKING THE END OF THE WAR cate in Washington. f IN IRAQ Which begs the question, who lobbies for the people whose faces are represented in PROVIDING FOR CONSIDERATION this room? OF H.R. 3630, MIDDLE CLASS TAX HON. LAURA RICHARDSON Yesterday I wrote the president along with RELIEF AND JOB CREATION ACT OF CALIFORNIA the Departments of State Treasury and Jus- OF 2011 IN THE HOUSE OF REPRESENTATIVES tice requesting immediate clarification Wednesday, December 14, 2011 about this matter and will continue to press SPEECH OF them—just as I have done during previous Ms. RICHARDSON. Mr. Speaker, I rise administrations. HON. HENRY A. WAXMAN today in recognition of this great day in Amer- OF CALIFORNIA I am submitting this correspondence and ican history—the day that marks the end of relevant information into the Congressional IN THE HOUSE OF REPRESENTATIVES the Iraq war. Although for years we all hoped Record for all to see. Tuesday, December 13, 2011 We must not be silent in the face of this in- and prayed that this day would come, there is justice. Mr. WAXMAN. Mr. Speaker, I oppose this an overwhelming feeling of relief when hope If President Obama, Secretary Clinton and closed rule, particularly because it does not becomes a reality. Today we stand together Secretary Geithner stand by and allow this allow for a Democratic substitute for critical as a nation and rejoice as we look forward to to happen, history will be their judge. year end legislation. the return of thousands of men and women f In a Democratic substitute we would have whose countless sacrifices, remarkable serv- RECOGNIZING THE 20TH ANNIVER- included a permanent repeal of the flawed ice, and enormous achievements in the name SARY OF LITERACY VOLUN- physician payment formula in Medicare replac- of our great Nation will never be forgotten. TEERS OF AMERICA—PRINCE ing it with a ten-year freeze. Each year mem- Nearly 1.5 million Americans served in the WILLIAM bers promise to look into this formula and ad- war in Iraq, with 30,000 wounded and nearly dress it—to provide certainty and stability for 4,500 casualties. In my district, we suffered America’s seniors in accessing their doctors. the loss of 12 remarkable servicemen. We re- HON. GERALD E. CONNOLLY The House passed health reform bill did ex- member Long Beach residents: Pfc. Stephen OF VIRGINIA actly that. Unfortunately it did not become law, A. Castellano; Sgt. 1st Class Randy D. Col- IN THE HOUSE OF REPRESENTATIVES but the Republicans did not even try to solve lins; Sgt. Anthony J. Davis, Jr.; Sgt. Israel Wednesday, December 14, 2011 this problem. They did not offer legislation or Garcia; Pvt. Ernesto R. Guerra; Pfc. Lyndon Mr. CONNOLLY of Virginia. Mr. Speaker, I have markups. The Republican bill punts the A. Marcus, Jr.; Spec. Roberto L. Martinez rise today to recognize the 20th Anniversary of question for another 2 years. Salazar; Spec. Astor A. SunsinPineda; Pfc.

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14DE8.008 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2256 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 David T. Toomalatai; Pfc. George D. Torres; tional institutions of government, including the measure also requires entities filing with the and Staff Sgt. Joshua Whitaker, as well as United States Congress and Judiciary, Presi- Securities and Exchange Commission to dis- Carson resident Pfc. Daniel P. Cagle of Car- dency, and Executive Branch Agencies, as close business ties with Iran. son who were all killed in action. well as the Capital’s historic landmarks such By most accounts, the sanctions passed by Perhaps the most consequential victory of as the White House, Smithsonian Institution, Congress last year have ratcheted up pres- the War on Terror came earlier this year when Washington Monument, and Washington Na- sure on the Iranian government. But Iran con- Osama bin Laden’s life was finally ended by a tional Cathedral. The Grand Lodge of D.C. tinues to increase its stockpile of enriched ura- group of Navy SEALs who deftly carried-out a has been greatly involved with the enrichment nium. This measure is necessary to give the covert operation at bin Laden’s secret com- of Washington, D.C., with members estab- President the tools to penalize the Iranian re- pound in Abbottabad, Pakistan. I am ex- lishing prominent institutions such as the Cor- gime for its continual refusal to heed the ob- tremely thankful for President Obama and his coran Gallery and George Washington Univer- jections of the international community. Administration’s firm leadership in the effort to sity, and has been actively engaged in chari- I encourage my colleagues who have not al- bring bin Laden to justice. With a renewed table projects. The Masonic Foundation of DC ready expressed support for H.R. 1905 to join sense that justice has been served, we must has provided tens of thousands of dollars me in support of the bill. return our focus now to protecting our citizens each year in financial scholarships to college f at home, and assuring our veterans a pros- students who attended D.C. public schools. perous future. Participation in numerous community service OUR UNCONSCIONABLE NATIONAL As President Obama said earlier today ‘‘It’s projects include Hands on DC, Adams Morgan DEBT important for us to express our thanks in Day, Susan G. Komen Race for the Cure, De- words, but it’s even more for us to express our partment of Veterans Affairs Hospital, United HON. MIKE COFFMAN thanks in deeds.’’ It is now our turn to stand States Holocaust Memorial Museum, Doctors OF COLORADO up for our troops at home as they coura- Without Borders, So Others May Eat, St. IN THE HOUSE OF REPRESENTATIVES geously stood up for us in battle. Baldrick’s Foundation for childhood cancer re- Wednesday, December 14, 2011 Our troops are returning home to a tough search, DC Community of Hope, DC Central economy. They are returning home to an un- Kitchen, and DC Special Olympics. Mr. COFFMAN of Colorado. Mr. Speaker, employment rate for veterans that is 2.5% The Grand Lodge of D.C. has been involved on January 26, 1995, when the last attempt at higher than the national average. I urge my domestically and abroad in countries such as a balanced budget amendment passed the colleagues on both sides of the aisle to put Armenia, Cuba, and the Philippines. It also House by a bipartisan vote of 300–132, the aside our differences and come together in hosted the 2008 World Conference of Masonic national debt was $4,801,405,175,294.28. our commitment to ensure veterans returning Grand Lodges, the largest gathering of Ma- Today, it is $15,060,274,082,298.88. We’ve home receive all the resources they need. No sonic leaders in history, to discuss ways to added $10,258,868,907,004.60 dollars to our measure of action we take in Congress can build a global civil society. debt in 16 years. This is $10 trillion in debt our ever truly repay our troops for their sacrifices, Mr. Speaker, I ask that my colleagues join nation, our economy, and our children could but I vow to do all that I can to ensure that the me in celebrating the 200th Anniversary of the have avoided with a balanced budget amend- country they fought and sacrificed for gives Grand Lodge of Free and Accepted Masons of ment. back to them all that they deserve. the District of Columbia. For 200 years, the f Finally, Mr. Speaker, while keeping the Grand Lodge of D.C. has supported the Free- IRAN THREAT REDUCTION ACT OF American people safe should always be our masonry founding principles of ‘‘Brotherly 2011 top priority, now we must refocus our priorities Love, Relief and Truth,’’ and continues to do and our resources into protecting our home- so today, supporting the American ideal that SPEECH OF land, educating, training and employing the individuals can coexist peacefully and come American workforce, and ensuring our vet- together to form a community, regardless of HON. JAMES P. MORAN erans a prosperous future in the nation they background and differences. OF VIRGINIA fought to defend. Over the last ten years, f IN THE HOUSE OF REPRESENTATIVES American taxpayers have spent billions re- Tuesday, December 13, 2011 building Iraq. We must now be willing to make IRAN THREAT REDUCTION ACT OF the same investment of time and resources to 2011 Mr. MORAN. Mr. Speaker, in June 2010 rebuild our economy so that it provides a President Obama signed into law the most far- SPEECH OF standard of living and quality of life worthy of reaching and carefully targeted sanctions ever the heroic sacrifices made by the men and HON. CHRIS VAN HOLLEN imposed on Iran. Later that same month, the women who risked their lives to defend our OF MARYLAND Administration also succeeded in bringing the United Nations Security Council to issue fur- way of life and freedom. IN THE HOUSE OF REPRESENTATIVES ther, multilateral sanctions. In May, the United f Tuesday, December 13, 2011 Nations issued a report demonstrating that RECOGNIZING THE 200TH ANNIVER- Mr. VAN HOLLEN. Mr. Speaker, I rise in these multilateral sanctions were having a se- SARY OF THE GRAND LODGE OF support of H.R. 1905, the Iran Threat Reduc- rious, deleterious impact on Iran’s ability to FREE AND ACCEPTED MASONS tion Act. pursue nuclear weapons. OF THE DISTRICT OF COLUMBIA I thank Chairwoman ROS-LEHTINEN and The reason these sanctions are having such Ranking Member BERMAN for crafting this im- an impact is that they have garnered the co- HON. GERALD E. CONNOLLY portant, bipartisan bill. H.R. 1905 was reported operation of allies around the world, who saw OF VIRGINIA out of the Foreign Affairs Committee by voice that this Administration was willing to engage IN THE HOUSE OF REPRESENTATIVES vote and comes to the floor with over 350 co- Iran. If those allies now deem that we are sponsors—of which I am one. turning back from that posture of engagement, Wednesday, December 14, 2011 We must make it clear to Iran that any pur- and returning to the unilateralism of the Bush Mr. CONNOLLY of Virginia. Mr. Speaker, I suit of a nuclear weapons program is unac- Administration, I am concerned that our effort rise to recognize the 200th Anniversary of the ceptable. This bill is designed to significantly to isolate the Iranian regime will collapse. It is Grand Lodge of Free and Accepted Masons of strengthen the hand of the Obama Administra- the comprehensive diplomacy of the Obama the District of Columbia. tion in applying economic pressure on the Ira- Administration that has unified our European Freemasonry has been active in the United nian regime. allies and brought them on board. That could States for over two hundred and fifty years. Specifically, the bill targets Iran’s petroleum end. Since its founding in 1811, the Grand Lodge sector by expanding the activities that could And in addition, the sanctions called for by of Free and Accepted Masons of the District of trigger sanctions to include making certain pe- H.R. 1905, are less targeted and more indis- Columbia has encouraged interaction and dis- troleum resource agreements with Iran. It also criminate. They will have an impact, but that course among individuals of differing beliefs requires the President, subject to a national impact will not be directly related to our justi- by promoting community service, civic respon- security waiver, to impose sanctions on enti- fied concern over human rights or Iran’s nu- sibility, and civil debate. ties doing business with the Central Bank of clear military goals. Rather, they would hurt The Grand Lodge of D.C. has participated in Iran if he determines the Central Bank is Iranians of all walks of life, including those we the development and strengthening of our na- linked to the Iranian nuclear program. The hope will become an effective opposition to

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14DE8.011 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS December 14, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2257 the current leadership. The recent IAEA report trade, and human rights—not less. Ambas- The Iranian Regime has defied international shows that Iran is not complying with its obli- sador Tom Pickering, in a recent Newsweek order and expectations in its undeniable pur- gations under the treaty. We urgently need to essay, also criticized this bill because of the suit of nuclear weapons and its close relation- keep a united front on the goal of preventing constitutional questions it raises about the ship with foreign terrorist organizations. Iran from advancing its nuclear military capa- separation of powers. That is why the Iran Threat Reduction Act of bility. These sanctions could undermine that CISADA sanctions and U.N. measures are 2011 is so important. These sanctions are effort. having a serious effect, and intensifying rifts in right and just based on irrefutable evidence of This bill is the wrong move for the global Iran’s leadership. This bill would close those malice on the international stage. We must de- economy as well. In the middle of a very frag- rifts as Iran’s leaders circle their wagons, and clare that it is United States policy to deny, at ile economic recovery, these new sanctions would give them an excuse as to why things every juncture, the ability for Iran to fund and could wreak havoc in the world oil market, are bad on the economic front. I can’t support pursue its nuclear program and its policy of in- right in the middle of winter, a time of our it as it is written. citing violence abroad. The Iranian regime’s highest consumption. Already, we see oil f continuous circumvention of past sanctions prices rising. According to the Wall Street and continued noncompliance require more Journal, new sanctions could increase the PERSONAL EXPLANATION aggressive actions. price of oil by up to $1 per gallon. That would The only way to ensure the Iranian regime be terrible for U.S. consumers, businesses HON. MARIO DIAZ-BALART cannot circumvent international will is to take and the economy. But it would be very good OF FLORIDA definitive actions. The sanctions in the Iran for Iran’s leaders. IN THE HOUSE OF REPRESENTATIVES Threat Reduction Act in conjunction with the In fact, the sanctions would do more to help Wednesday, December 14, 2011— language in the National Defense Authoriza- Iran’s Supreme Leader and President than tion Act for 2012 to formally sanction the Cen- hurt them. Last week, the fierce competition Mr. DIAZ-BALART. Mr. Speaker, due to a tral Bank of Iran, CBI, are the steps required between President Ahmadinejad and Ayatollah family medical issue, I was unable to cast the at this moment to impede the progress of Khamenei was threatening to boil over when following votes. If I had been present, I would Iran’s ambitions. By sanctioning the CBI and an embezzlement scandal roiled the Iranian have voted as follows: creating accountability to those that deal with leadership. The Washington Post reported this December 7, 2011— Iran, we limit the Iranian leadership’s ability to week that President Ahmadinejad admitted Rollcall vote 892—I would have voted ‘‘yes’’ function and directly curtail the infrastructures that the country is having a hard team with Rollcall vote 893—I would have voted ‘‘yes’’ that sustain Iran’s illicit nuclear ambitions and sanctions, and that now is not the time to Rollcall vote 894—I would have voted ‘‘yes’’ its state-sponsorship of terrorist organizations. shake things up in the government. In other Rollcall vote 895—I would have voted ‘‘no’’ I urge my colleagues to support the Iranian words, external pressure unified rival factions, Rollcall vote 896—I would have voted ‘‘no’’ Threat Reduction Act of 2011 and stand with and helped the repressive regime to achieve a Rollcall vote 897—I would have voted ‘‘no’’ me against the threat posed by the Iranian nu- united front. Rollcall vote 898—I would have voted ‘‘no’’ clear program and Iran’s known links to var- These sanctions could also hurt Iranian Rollcall vote 899—I would have voted ‘‘no’’ ious terrorist organizations. Americans. Sanctions on Iran’s Central Bank Rollcall vote 900—I would have voted ‘‘no’’ will make it hard for Iranian Americans to send Rollcall vote 901—I would have voted ‘‘yes’’ f money to relatives in Iran. That could mean Rollcall vote 902—I would have voted ‘‘yes’’ RECOGNIZING THE PARTNERSHIP that an Iranian living in the United States has Rollcall vote 903—I would have voted ‘‘yes’’ OF RACHEL CARSON MIDDLE no legal way of helping his parents or grand- Rollcall vote 904—I would have voted ‘‘yes’’ SCHOOL AND DOMINION POWER parents. It could force them to pursue unsafe Rollcall vote 905—I would have voted ‘‘yes’’ and illegal channels to send legal remittances Rollcall vote 906—I would have voted ‘‘no’’ to family members. That would be a terrible in- Rollcall vote 907—I would have voted ‘‘no’’ HON. GERALD E. CONNOLLY justice, and it would be bad for U.S. interests. Rollcall vote 908—I would have voted ‘‘no’’ OF VIRGINIA The Iranian American community is our best Rollcall vote 909—I would have voted ‘‘no’’ IN THE HOUSE OF REPRESENTATIVES Rollcall vote 910—I would have voted ‘‘no’’ way to reach out to people in Iran, and we Wednesday, December 14, 2011 should not be making it harder for them to do Rollcall vote 911—I would have voted ‘‘no’’ so. Rollcall vote 912—I would have voted ‘‘yes’’ Mr. CONNOLLY of Virginia. Mr. Speaker, I The sanctions could also hurt innocent Ira- December 12, 2011— rise to recognize the partnership of Rachel nians in other ways. Aside from making it Rollcall vote 913—I would have voted ‘‘yes’’ Carson Middle School and Dominion Power in harder to import food and medicine, this bill Rollcall vote 914—I would have voted ‘‘yes’’ efforts to support green energy. bans the licensing of sales of spare parts for Rollcall vote 915—I would have voted ‘‘yes’’ Through their partnership, Carson Middle civilian airliners. Iran’s airlines are already Rollcall vote 916—I would have voted ‘‘no’’ School was able to recently install on its roof among the most dangerous in the world be- f an array of 11 photovoltaic solar panels, which cause of the difficulty in maintaining them have already generated over 1,000 kilowatt- under sanctions. Over 1,000 people have died IRAN THREAT REDUCTION ACT OF hours of electricity—enough to power a house in air crashes in the last ten years. 2011 for more than a month. Lastly, this bill is wrong because it would be Rachel Carson Middle School is a Fairfax SPEECH OF an expression to the world that the United County public school with over 1200 students. States is not interested in having a relation- HON. TODD C. YOUNG The solar project was initiated in the spring of ship with the people of Iran. As it stands now, OF INDIANA 2009 and driven by a group of former eighth we have very little understanding of what is IN THE HOUSE OF REPRESENTATIVES grade students, its teacher sponsor, Mr. Kirk really happening inside Iran. The Obama Ad- Treakle, and its Going Green Club, formerly Tuesday, December 13, 2011 ministration has strengthened our capacity to established as Carson FREE—which stands know what is happening inside the country by Mr. YOUNG of Indiana. Mr. Speaker, I rise for Future Renewable Energy Effort. The adding to a network of diplomats in missions today in support of H.R. 1905, the Iran Threat group was established in hopes that solar around the world focusing on developments in Reduction Act of 2011. This bill promises to electric would be used in addition to several Iran. meet the threat the Islamic Republic of Iran other prospective forms of renewable energy But we have a long way to go. Recently Ad- poses and takes significant, tangible steps in at school. The Going Green Club is research- miral Mike Mullen said that this absence of limiting Iran’s uranium enrichment and tar- ing wind, geothermal, solar thermal, and algae contact is hurting us. At a Carnegie Endow- geting Iran’s nefarious activities. oil as future possibilities. The solar project was ment for International Peace event shortly be- The latest United Nations weapons inspec- funded by grants from Dominion Power, the fore he retired, the Chairman of the Joint tors’ disclosure and International Atomic En- Earth Day Network, Lowe’s, and Chiefs of Staff said: ‘‘Even in the darkest days ergy Agency report on the Islamic Republic of InterfaceFLOR as well as donations from of the Cold War, we had links to the Soviet Iran are consubstantial. The Iranian nuclear InScope International, Katydid Inc., the Carson Union. We are not talking to Iran, so we don’t weapons program is in direct contravention to PTA, and other individuals with no taxpayer understand each other.’’ Iran’s ratification of the Non-Proliferation Trea- money used. I agree with Admiral Mullen: we need more ty, endangers regional stability, and poses an The photovoltaic panels are ‘‘grid-tied’’ so contact with Iran—about Afghanistan, the drug unfathomable threat to international security. the electricity they produce helps power the

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14DE8.014 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2258 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 school and decreases the amount of electricity fied on many congressional committees and DAVID MARVIN BLUMBERG’S 60TH that must be generated by other means, re- remains extremely engaged in domestic and BIRTHDAY ducing pollution. While serving as a clean en- international trade issues. In his capacity as ergy resource, the photovoltaic system is also chairman of AFBF’s trade advisory committee, HON. KEVIN BRADY used as an accessible, educational resource Steve partook in a trade mission to Cuba and OF TEXAS with students participating in an energy work- Mexico to advocate for advanced trade oppor- IN THE HOUSE OF REPRESENTATIVES shop using the new photovoltaic installation tunities between the United States and Latin and online data logger. The system’s connec- America. Wednesday, December 14, 2011 tions to the science curriculum in areas of en- While Steve is retiring as President of the Mr. BRADY of Texas. Mr. Speaker I rise ergy, electricity, and the environment serve as Washington Farm Bureau, he will continue to today to honor the celebration of David Marvin great additions to the school. serve as a vocal leader and member of the Blumberg’s 60th birthday. Mr. Speaker, I ask that my colleagues join WFB Health Care Trust Board of Directors David was born on December 26, 1951 in me in recognizing the partnership of Rachel and the Board of Directors for Farm Bureau Jacksonville, Florida. He is the fourth of five Carson Middle School and Dominion Power. Bank. He leaves behind an indelible legacy in children born to Marvin Bernard and Mary Together, they have succeeded in taking a the agriculture community and will continue to Louise Blumberg. David obtained his Masters great step towards cleaner energy for the fu- play an instrumental role in the years to come. Degree of Public Administration in 1994 from ture. I extend my congratulations to the school Steve has been more than just a leader for the University of North Florida. and thank Rachel Carson Middle School and the Farm Bureau; he’s been a model for the He was honorably discharged from his serv- Dominion Power for their valuable efforts. state of Washington. When asked how he ice in the USAF in 1974 after having worked f managed his success, he often says, ‘‘I live by as an instrument mechanic on the Minute Man something my dad said a lot: ‘You do the best 1, 2, & 3 missiles at Vandenberg AFB, CA. EASTERN WASHINGTON HONORS David worked alongside his father at Marvin RETIRING WASHINGTON FARM job you know how to do and leave the rest to the man upstairs.’ ’’ I congratulate Steve on his Blumberg and Sons from 1974–1982. He was BUREAU PRESIDENT STEVE certified as an FAA Air Traffic controller and APPEL remarkable leadership and thank him for the profound differences he made—and will con- worked in that capacity from 1982–2006. tinue to make—in the state of Washington. Presently he is serving as an Air Traffic HON. CATHY McMORRIS RODGERS Safety Risk Management Facilitator and In- OF WASHINGTON f structor nationwide. IN THE HOUSE OF REPRESENTATIVES David is the proud father of Lauren, Will, IRAN THREAT REDUCTION ACT OF Wednesday, December 14, 2011 Olivia, Nathan and Natalie. He has one grand- 2011 child, Walker Brooks Haas. Mrs. MCMORRIS RODGERS. Mr. Speaker, David plays the drums in a band comprised today I rise to recognize the extraordinary ca- SPEECH OF of other Air Traffic Controllers who raise reer of one of Eastern Washington’s most ex- money for charities and to date they have emplary leaders, Mr. Steve Appel. After devot- HON. EDWARD J. MARKEY raised over $650,000 for local and national ing over 37 years of service to the Farm Bu- OF MASSACHUSETTS charities. reau—the last 17 of which have been as IN THE HOUSE OF REPRESENTATIVES David will be moving to Fort Worth, Texas Washington Farm Bureau’s esteemed Presi- to supplement the Federal Aviation Adminis- Tuesday, December 13, 2011 dent—Steve has decided to retire. His career tration’s Safety Risk Management staff. comes to an end with a long list of distin- Mr. MARKEY. Mr. Speaker, let’s start with His band Aire Traffic will be playing future guished accomplishments and a record of suc- what we know: benefit concerts to raise money for the Juve- cess for the state of Washington. First, Iran is actively seeking nuclear weap- nile Diabetes Foundation and for the Joseph As a third-generation family farmer, Steve ons, and the international community has Sam’s School for Special Needs Children in grew wheat and barley in southeast Wash- ratcheted up sanctions to prevent Tehran from Fayetteville, GA. ington state and worked for decades to pro- getting the bomb. Please join me in wishing David Blumberg a mote U.S. agriculture interests at home and Second, Iran is attempting to circumvent very happy 60th birthday. abroad. A Washington State University alum- these sanctions, with Iranian nationals estab- f nus, Steve leaves behind a distinguished ca- lishing front companies in other countries to PIPELINE SAFETY, REGULATORY reer in Washington’s agriculture community. get around U.N. restrictions. Steve was elected as Washington Farm Bu- CERTAINTY, AND JOB CREATION Just this year, a grand jury indicted a firm ACT OF 2011 reau president in 1994 and represents the established by Iranians but operating in longest-serving state President in the organi- Istanbul for allegedly procuring materials for SPEECH OF zation’s history. His vision for the organiza- Iran’s ballistic missile program. tion’s growth was tremendous. In fact, in just Third, we must be vigilant about companies HON. GENE GREEN the last five years, the Bureau experienced an that deliberately hide their ties to Iran. OF TEXAS 85 percent increase in membership alone. IN THE HOUSE OF REPRESENTATIVES Under his leadership, Washington Farm Bu- But what about companies that don’t even reau pioneered the first-ever association try to conceal their Iranian connections? Monday, December 12, 2011 health plan and industrial insurance safety and In October, this Congress passed H.R. Mr. GENE GREEN of Texas. Mr. Speaker. health program, which provide health insur- 1904, the Southeast Arizona Land Exchange I support the Pipeline Safety, Regulatory Cer- ance to rural Washingtonians in areas where and Conservation Act. This bill will allow Rio tainty, and Job Creation Act. This bill has such services were previously unavailable. Tinto, a foreign company that does business been improved since it was marked up by the In addition to serving as the Bureau’s Presi- with Iran, to obtain public land in Arizona so Energy and Commerce and Transportation dent, Steve served as Vice President of the that it can mine for copper here in the United and Infrastructure Committees. I know that American Farm Bureau Federation—the States. there are residual issues that some in the in- world’s largest general agriculture organization But when Republicans in this chamber had dustry and some in the environmental commu- with over six million members—from 2001 a chance to join Democrats to ensure these nity still have. No legislation will make every- through 2007. As the Pacific Northwest’s first business ties between Rio Tinto and Iran were one happy all the time, but I think my col- farmer to serve as an officer in the AFBF, he severed as a condition of doing business on leagues Representatives UPTON and DINGELL, directed and implemented the organization’s our land, every single member of the Repub- have worked hard to come as close as pos- grassroots development process. Steve has lican majority voted no. sible with the legislation before us today. I also served on the Whitman County Planning With the threat of nuclear weapons landing thank them for their leadership and I am Commission, Whitman County Soil Conserva- in the hands of Ahmadinejad, the stakes are pleased that they have set an example of bi- tion Board, and the Eastern Washington Advi- simply too high to change the rules when the partisan legislating that we should all follow. sory Committee for the Washington Policy majority sees fit. Pipeline safety is one that is particularly im- Center. Vote yes on H.R. 1905 today, and we must portant to me. I represent parts of Houston But his leadership extends far beyond his insist on strong nuclear nonproliferation condi- and East Harris County, where virtually every- elected and appointed positions. He has testi- tions in H.R. 1904. one either lives on, or in close proximity to, a

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K14DE8.010 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS December 14, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2259 natural gas or oil pipeline. I also have thou- HONORING SLOVAK EXPLOSIVE issues of the legislation we considered yester- sands of constituents who rely on this industry ORDINANCE DISPOSAL (EOD) day. for employment and their livelihood. I under- MAJOR BARTAKOVICS AND EOD Over the last several days, I have con- stand the need to pass a bill that addresses TEAM ducted numerous town hall-like meetings to the dual priorities of ensuring safety along discuss this legislation with constituents. As a result of these conversations with everyday these pipelines and providing regulatory cer- HON. BILL SHUSTER West Virginians, it was apparent to me that tainty for the operators in the years ahead. OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES breaking from both President Obama and There are problems with the bill, for in- even my own party on this bill was the right stance, this bill may lead to an attempt by this Wednesday, December 14, 2011 thing to do. Pipeline and Hazardous Materials Safety Ad- Mr. SHUSTER. Mr. Speaker, I rise today to Washington just doesn’t get it. This tax cut ministration, PHMSA, or future PHMSAs to honor Slovak Explosive Ordinance Disposal, has been in effect for the last year and it regulate offshore gathering lines in the same EOD, Maj. Roland Bartakovics and the entire clearly did not improve the economy. And at what cost? For the second year in a row, this way that onshore lines are regulated. While Slovak EOD team for their role in resisting an assault by armed insurgents on Camp Nathan bill would take another $180 billion from Social not prescribed by this legislation, the door is Smith in Kandahar. I would like to recognize Security with a promise to be paid back over left open. It is important that PHMSA carefully the Slovaks for their bravery during a failed the years, all to give the average West Vir- consider how to regulate these lines and not enemy attack on the base. ginia worker an extra $30 in his or her pay- take a one-size fits all approach. There are The camp in Kandahar, which houses the check every two weeks. That’s not a jobs other tweaks that would have been nice, but Kandahar Provincial Reconstruction Team, plan—it’s a re-election plan. We have seen this is a good bill and represents a bipartisan KPRT, was attacked by four armed insurgents these same unsuccessful economic plans for compromise. with rocket-propelled grenades and small fire the past three years, and for those three years they have failed miserably. Does it make Failure to pass a bill, or one side or another arms. The attack lasted nearly 11 hours, and was ended by the Afghan National Police sup- sense to continue to make choices that we pursuing a partisan agenda over good policy, ported by coalition forces, including the Slovak know from experience do not work? would have been far worse than the small EOD team. Thanks to the determined profes- I will concede that after spending most of problems I have with this bill. I commend Rep- sionalism of the Slovak unit, at no point did this past year above 9 percent, unemployment resentatives UPTON and DINGELL for this bill the attackers gain access to the compound. has dropped to 8.6 percent. But the primary and I urge my colleagues to support it. I would like to offer my condolences to the driver of this change is simply that 315,000 families and loved ones of those killed and in- Americans simply stopped looking for work. f jured during the attack. The heroic leadership Also, at this time of year, the retail industry in- of the entire Slovak unit will forever be re- creases their staff by almost 50 percent; those RECOGNIZING ARIANNA membered. Their service and dedication has people will be back on unemployment benefits MCQUILLEN, RECIPIENT OF A brought great pride to their nation, families in February. Nobody can say that the payroll BUICK AND GENERAL MOTORS and communities. tax ‘‘holiday’’ has had a meaningful impact on FOUNDATION SCHOLARSHIP Echoed throughout Afghanistan, the KPRT the unemployment rate thus far, nor will it like- reflects a productive civilian-military partner- ly prove beneficial if extended for another ship. The United States stands with the Af- year. HON. GERALD E. CONNOLLY ghan people and their government in pursuing We’ve all been told that Social Security’s fi- the mutual goal of a stable and prosperous Af- nances are in trouble, yet President Obama’s OF VIRGINIA ghanistan. The United States owes a great plan makes the situation worse. We cannot IN THE HOUSE OF REPRESENTATIVES debt of gratitude to Maj. Roland Bartakovics continue to send mixed messages to senior and the entire Slovak EOD team for putting citizens and current workers. They need to be Wednesday, December 14, 2011 themselves in harm’s way in the pursuit of able to trust that Social Security will be there Mr. CONNOLLY of Virginia. Mr. Speaker, I freedom. for them. If we do not stop extending this pay- roll tax cut, then Social Security will cease to rise to congratulate Arianna McQuillen, of Fair- f be a guarantee and instead become another fax Station, on her selection as a Buick and MIDDLE CLASS TAX RELIEF AND typical government program reliant entirely on General Motors Foundation Scholarship Re- JOB CREATION ACT OF 2011 politicians’ whims. cipient. She has been identified as one of 100 That’s not fair for our seniors or current outstanding students from across the United SPEECH OF workers who are currently paying into Social States to receive up to $25,000 in a renew- HON. DAVID B. McKINLEY Security. So the question becomes, if not now, able scholarship. She plans to attend Massa- OF WEST VIRGINIA when we will stop raiding Social Security? chusetts Institute of Technology and specialize IN THE HOUSE OF REPRESENTATIVES H.R. 3630 is just another temporary tax re- in robotics. duction that only produces more uncertainty Tuesday, December 13, 2011 for employers and fails to protect our seniors. Arianna is very involved in our community, Mr. McKINLEY. Mr. Speaker, yesterday I Real structural reforms are needed to stabilize working on projects such as cleaning the voted to protect the Social Security Trust Fund Social Security. Past experience shows that Occoquan watershed, planting trees, preparing by opposing H.R. 3630 and would like to take Congress will spend the next 10 years figuring care packages for soldiers abroad and tutoring this opportunity to discuss my decision. This out how to spend the money designated as young students. bill was a patchwork of many policies that offsets for today’s bill on other projects. It Her academic record is proof that she is a were thrown together at the last hour and cre- won’t be used to pay for the bill; I could not ated a flawed piece of legislation that I could in good faith support a measure that will raid high-achieving student. She studied at Lake not support. the trust fund without comprehensive reform to Braddock Secondary School, where her inter- Primarily, the corner stone of this legisla- the system. ests varied from math and science to art and tion—the extension of the payroll tax reduc- As Andrew Biggs, a resident scholar at the the environment. She has won many awards tion—did not create jobs for the last year it American Enterprise Institute, said, ‘‘People in areas ranging from debate to art. She is a has been in effect. Over the past five months, don’t generally respond well to temporary tax National Merit Scholar, a 2010 Beat the Odds I have been vocal in my opposition to the cuts so it’s unlikely you’re going to see a Scholarship Recipient, an Advanced Place- President’s unproductive plan. Since, I do sup- strong economic response.’’ House Budget ment Scholar, and a National Achievement port a long-term ‘‘doc fix’’ to ensure that doc- Committee Chairman PAUL RYAN has likened Semi-Finalist. tors continue to accept Medicare patients, I do the payroll tax cut to ‘‘sugar-high economics.’’ not support the $17 billion cut from hospital And Chris Edwards, a tax scholar at the Cato Mr. Speaker, I ask my colleagues to join me payments, including those that are essential to Institute, said that the president’s plan ‘‘is in recognizing Arianna McQuillen’s remarkable help hospitals care for low-income Medicare based on faulty Keynesian theories and mis- achievements and wishing her continued suc- patients. I do support the Keystone XL pipe- placed confidence in the government’s ability cess as she pursues her degree at MIT. line and efforts to reform unemployment insur- to micromanage short-run growth.’’ Perpet- ance; however, these were not the central uating the president’s failed economic policies,

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14DE8.020 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2260 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 especially if we have to rob Social Security to RECOGNIZING THE SEMI-FINAL- under the Emergency Unemployment Com- do it, has to stop. ISTS FOR THE ASIAN AMERICAN pensation program, which has provided up to Additionally, the reductions in federal reim- SUCCESS YOUTHCON SCHOLAR- 99 weeks of support for those who lost their bursements to hospitals that are contained in SHIP PROGRAM jobs through no fault of their own. this legislation are not acceptable. Hospitals in If this legislation becomes law, the max- northern West Virginia are already being paid HON. GERALD E. CONNOLLY imum potential unemployment benefit will fall to 59 weeks. at some of the lowest Medicare rates in the OF VIRGINIA This legislation would also allow states, country; we should not be making it even IN THE HOUSE OF REPRESENTATIVES many of which are struggling to balance their harder for the hospitals to provide quality Wednesday, December 14, 2011 budgets, to reduce the average weekly healthcare to our seniors. Mr. CONNOLLY of Virginia. Mr. Speaker, it amount available to beneficiaries. Again, since this bill was loaded up at the is my great honor to rise today to recognize I am strongly opposed to any reduction in last minute with several items which I have al- the finalists of the 2011 Asian American Suc- emergency unemployment insurance. ready strongly supported throughout this Con- cess (AASuccess) YouthCon Scholarship pro- This Congress cannot and must not adjourn gress—including jumpstarting the Keystone gram. Each year, AASuccess grants scholar- for the holidays and go home to tell our unem- Pipeline, relaxing EPA regulations on boilers, ships and recognition awards to 6 students in ployed neighbors that the richest country on extending and reforming unemployment bene- the Washington, DC Metropolitan Area. earth cannot find a place in their heart to help fits and other government programs, and pre- Founded in April 2006 by Dave Nguyen, them in their time of need. venting a scheduled 27% cut to doctors’ Medi- Irina Nguyen, David Montanari, Sumesh Mr. Speaker, unfortunately I am not able to care reimbursement rates—it is simply unac- Kaushal and Malou Gemeniano, the missions support H.R. 3630 even though I am a strong ceptable to continue the president’s misguided of AASuccess are to promote academic excel- supporter of moving the Keystone XL Project economic theories at seniors’ expense. lence of young Asian American and other mi- along and would support the language in- This bill has a long way to go despite the nority students, foster mentorship and partner- cluded in this bill if considered separately. short timeframe in which Congress is oper- ship between career professionals and student The Keystone XL project makes both en- ating, and if significant changes are made, it members, and promote ‘‘The Act of Giving ergy and economic sense for our country, and may be worth another look. But I came to Back’’ in the Asian American community. I hope that the Administration could find a way Washington to get something done, create AASuccess offers 4 different programs to to allow for construction to commence in some jobs, and restore common sense to the proc- achieve their goals; the AAS Life Skills Acad- of the states while simultaneously revisiting ess. Unfortunately this particular bill fails that emy, Scholarship Program, Giving Back Pro- the route in Nebraska. test. gram, and the Arc360 Web TV Program. I urge my colleagues to stand in support of Scholarships are awarded in amounts rang- the millions of our fellow Americans struggling to find work and to oppose this legislation. f ing from $500.00 to $1000.00, and winners are selected based on academic performance, f civic engagement, and completion of an RECOGNIZING THE YOEMEN HOUSE DEMOCRACY PARTNERSHIP MARCHING BAND OF CAMERON essay. Using famous images from Saigon for HIGH SCHOOL IN CAMERON, inspiration, the theme for this year’s essay TEXAS asked applicants to consider their freedom, HON. DAVID DREIER and the connection between protection of per- OF CALIFORNIA sonal freedoms and civic duties. This thought IN THE HOUSE OF REPRESENTATIVES HON. JOHN R. CARTER provoking topic has encouraged students to Wednesday, December 14, 2011 reflect on and consider some of the most cru- OF TEXAS cial questions we face today. Mr. DREIER. Mr. Speaker, when I was first elected to this body in 1980, the preeminent IN THE HOUSE OF REPRESENTATIVES While there will be 6 scholarship winners, it is my great pleasure to recognize the following national security threat that gravely concerned Wednesday, December 14, 2011 12 finalists: us all was the Soviet Union. A decade later, Ms. Sungmin Sohn; Mr. Vihanh Tham; Ms. as we know very well, the Soviet Union col- Mr. CARTER. Mr. Speaker, I would like to Khanh-Ni Thi Nguyen; Ms. Mai Ly; Ms. Julie lapsed and the Cold War came to an end. As recognize the Yoemen Marching Band of Hoang; Mr. Dylan Vu; Mr. Tristin Tran; Mr. we quickly near the twentieth anniversary of Cameron High School who placed third out of Maxwell Tran; Mr. Minh Pham; Ms. Kirby Tay- that transformative event, we should not forget the 297 bands in state 2A marching competi- lor; Ms. Julia Ngoc-Kim Nguyen; Ms. Krystal the role that the United States Congress tion in San Antonio on November 7, 2011. Sing. played in supporting democratic development The 97 member band is under the direction Mr. Speaker, I ask my colleagues to join me in the legislatures of many of the former War- of Stephen Moss, head director, and Craig in applauding the efforts of these students, saw Pact and Soviet republics. The Frost-Sol- George and Danielle Roberts, assistant direc- and in congratulating them on their academic omon Task Force partnered with the newly tors. Only ten bands performed in the finals and civic accomplishments. I also commend democratically elected members of post-Soviet competition, and the Yoemen Marching Band AASuccess for their efforts to ensure and en- legislatures to offer support and guidance in received a 1st place vote from all five judges, courage professional development and suc- building an independent, co-equal legislative which advanced them to the UIL State March- cess of students in our community. branch of government. A key part of that effort ing Contest in San Antonio for the first time in f was the role our Congressional Research the history of the school. The band competed Service played in building strong, independent, in the preliminary competition at the UIL State MIDDLE CLASS TAX RELIEF AND nonpartisan research and analysis capabilities Marching Contest, which advanced them to JOB CREATION ACT OF 2011 for these nascent institutions. Many of these the finals portion of the competition. The countries are now members of NATO, the Eu- SPEECH OF Yomemen Marching Band came in 2nd place ropean Union, and in some cases, the behind the two time champion Queen City. HON. GENE GREEN Eurozone. They are fully integrated into the Trans-Atlantic partnership. This 2nd place finish advanced the band to OF TEXAS IN THE HOUSE OF REPRESENTATIVES However, the work of democratic develop- the highly coveted finals competition that ment in the region is not over. I have the privi- same evening. The Yoeman High School Tuesday, December 13, 2011 lege of leading, along with my friend and col- Marching Band was also selected to play at Mr. GENE GREEN of Texas. Mr. Speaker, league Rep. DAVID PRICE, the House Democ- the World War II Memorial in Washington DC during this Season of Giving, when our nation racy Partnership (HDP). Our commission is and was one of the ten bands selected to play should be reflecting on the need of friends and committed to helping strengthen legislatures in in the Houston Livetock Show and Rodeo Pa- neighbors who are out of work and struggling new and re-emerging democracies by engag- rade this past spring. to provide for their loved ones, this chamber ing with our counterparts throughout the world. I congratulate the Cameron High School will vote today to cut unemployment benefits Two of our partner countries are Ukraine and Yoemen Marching Band on their accomplish- for one million of our fellow Americans. the Republic of Georgia. Both are former So- ments and I am proud to represent them in The House Majority’s bill, H.R. 3630, would viet republics working to consolidate their de- the United States Congress. eliminate several tiers of benefits, created mocracies. To date, their efforts have been

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A14DE8.022 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS December 14, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2261 met with varying levels of success, but HDP that would remove current barriers for states false conclusions about Turkey. Make no mis- has been honored to work with reformers in to strengthen the unemployment program take: Turkey has taken concrete steps to im- both countries as they strive to throw off the through optional drug testing. The purpose of prove religious freedom through a series of shackles of their authoritarian past. the unemployment insurance program is to be meaningful initiatives. Moreover, Turkey is a The world has watched over the past week a safety net, a bridge to reemployment. How- secular, modernized NATO ally that provides as Russia’s citizens have stood up and de- ever, when beneficiaries choose to abuse ille- indispensible military and diplomatic support to manded greater political freedom and trans- gal drugs they are no longer at their competi- the United States and our allies. Its efforts parency, which is indeed a hopeful step. How- tive best within the jobs market. with respect to religious inclusion are welcome ever, there is another country in Eastern Eu- That is why I have proposed legislation, and worthy of recognition. rope that has resisted all efforts to transform H.R. 3601 the ‘‘Ensuring Quality in the Unem- In September, for example, Secretary Clin- itself into a modern democracy and maintains ployment Insurance Program (EQUIP) Act,’’ ton praised Turkey’s continued progress in en- itself as an authoritarian dictatorship. The that would require screenings for applicants of hancing religious freedom, stating: country of Belarus remains Europe’s only dic- unemployment insurance. Applicants would be We have also seen Turkey take serious tatorship. Under the unyielding grip of dictator screened using a non-invasive questionnaire steps to improve the climate for religious that has a 94 percent accuracy rate. If identi- tolerance. The Turkish government issued a Alexsandr Lukashenko, the people of Belarus decree in August that invited non-Muslims are denied the basic freedoms of assembly, fied as likely to use drugs, an applicant for un- to reclaim churches and synagogues that association, and expression. The press is employment would be required to pass a drug were confiscated 75 years ago. I applaud heavily restricted and intimidated. The internet test as a condition of benefits. This non- Prime Minister Erdogan’s very important is censored. Independent nongovernmental or- invasive practice has been upheld by state commitment to doing so. ganizations are not allowed to operate. There courts in New Jersey, Texas and Indiana. A Long before H. Res. 306 was introduced, is little freedom of religion. And 100,000 federal court in West Virginia upheld that the Turkish Government was enhancing reli- Belarusians have been barred from leaving state’s practice of screening applicants for So- gious freedom. For example: the country. For the people of Belarus, the op- cial Security Disability Insurance. In May 2010, the Prime Ministry issued a pression of the past did not dissolve with the The screening would not increase federal circular underlining that Turkey’s non-Muslim Soviet Union, but remains a bitter reality. spending. The estimated cost is $12 per per- citizens share with all other Turkish citizens While their neighbors in Central and Eastern son. This would be more than offset by reduc- the right to enjoy and maintain their own iden- Europe are able to freely elect their own lead- ing the $7.5 billion budget for the controversial tities and cultures in parallel with the national ers, Belarusians have witnessed one stage- Independent Payment Advisory Board (IPAB) identity and culture of Turkey. managed election after another under the cur- and Consumers Operated and Oriented Plan The Greek Orthodox Patriarchate in Istanbul rent regime. Lukashenko has held illegal (CO–OPs), which was established to ration recently has been permitted to conduct referenda to change the constitution, eliminate health care expenditures. masses at religiously significant venues that term limits, and dissolve an elected par- At one of the several listening sessions I had been rendered museums due to disuse. In November 2010, Turkish authorities re- liament. In December 2010, the Government had with business owners earlier this year, I turned a former orphanage to the Greek Or- of Belarus conducted a presidential election had an employer tell me of an overwhelming thodox Patriarchate following a decision by the that failed to meet basic standards of the Or- response for job openings. There was just one European Court of Human Rights (ECHR). ganization for Security and Cooperation in Eu- problem: half the people who applied could The attorney representing the Patriarchate de- rope (OSCE), and followed that election by not even pass a drug test. Another told me clared, ‘‘This marks a first in Europe. Turkey detaining and beating more than 600 peaceful about an employee they had to temporarily lay became the first country to implement a deci- opposition protestors. Seven of nine opposi- off when times were tight. A month later when sion of the ECHR by returning the property. tion presidential candidates were jailed and he contacted his former employee to offer him This should be an example for other coun- what remains of the independent media was a new position, he declined because unem- ployment was paying the bills. With our budget tries.’’ attacked. Rather than address the OSCE’s Since the original text of H. Res. 306 was criticisms, the OSCE was kicked out of the woes of more than $15 trillion in debt, how can we justify using unemployment insurance introduced, Turkey amended its Law on Foun- country by the government. dations to state that immovable properties, To highlight the continued abuses of the to pay someone not to work when they have voluntarily taken themselves out of the hiring cemeteries, and fountains (of the non-Muslim Lukashenko regime and once again dem- community foundations registered in the name onstrate Congressional support for the aspira- pool? That is what we are doing when some- one on unemployment is using drugs. of Turkish public institutions) will be returned tions of the Belarusian people, the House to the relevant non-Muslim community founda- voted to renew the Belarus Democracy Act of Under the current system, workers can earn up to 26 weeks through employer contribution tions, upon those non-Muslim foundations’ re- 2004, with a unanimous vote on July 6 of this quest. year. This bill not only imposes additional but are eligible for 99 weeks of benefits under current law. Your tax dollars make up the dif- On a larger scale, Turkey has been an sanctions on the leaders of the corrupt indispensible ally and friend of the United Belarusian regime, but allows the United ference. Maximizing efficiency and effective- ness of programs like unemployment insur- States since it joined NATO almost 60 years States to work with groups who are promoting ago (in 1952). Given Turkey’s strategic loca- freedom and democracy, particularly media ance has to be our society’s goal. Drug screening beneficiaries incentivizes in- tion and maintenance of the second largest groups such as Radio Free Europe/Radio Lib- dividuals to not abuse drugs, which would oth- military in NATO, this should come as no sur- erty, the Voice of America, European Radio erwise render them unfit to be employed. prise. Currently, NATO is installing radar sys- for Belarus, and Belsat. Some have said this proposal asks too much tems in Turkey and Romania as part of the re- The U.S. Congress will continue to stand of those who have lost their jobs, but asking gional anti-ballistic missile defense system. with the Belarusian people as they fight for someone who is unemployed to do his or her Moreover, when NATO passed Resolution self determination and the rule of law. I look part by staying eligible to work is common 1973, which enforced a no-fly zone in Libya, forward to the day that they are able to join sense, not draconian. Turkey helped lead a NATO-led coalition, after their European neighbors on the right side of I look forward to working with the Com- playing a major role in deliberations with the history with a lasting, peaceful and prosperous mittee on this proposal and a hearing in the United States and other key allies. Turkey also democracy. spring. had a key role in negotiating the release of f four New York Times reporters who were cap- f tured during fighting in Libya. MIDDLE CLASS TAX RELIEF AND URGING TURKEY TO SAFEGUARD With regard to U.S. operations in Afghani- JOB CREATION ACT OF 2011 ITS CHRISTIAN HERITAGE stan, Turkey: Has made available its Konya Air Base and SPEECH OF SPEECH OF other airports for the deployment of aircraft HON. JACK KINGSTON HON. GERALD E. CONNOLLY and allies’ cargo aircraft in support of ISAF op- OF GEORGIA OF VIRGINIA erations. Has deployed five Operational Mentoring IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and Liaison Teams (OMLT) and has also con- Tuesday, December 13, 2011 Tuesday, December 13, 2011 ducted in-place training of 8,000 Afghan Na- Mr. KINGSTON. Mr. Speaker, I rise today in Mr. CONNOLLY of Virginia. Mr. Speaker, tional Army (ANA) members and training in support of the language included in this bill the text of House Resolution 306 could lead to Turkey for an additional 1,000 Afghan troops.

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A14DE8.025 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2262 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 Turkey established two civilian-led Provincial Pinellas County. Since then, the Tampa Bay IRAN, NORTH KOREA, AND SYRIA Reconstruction Teams (PRTs) in Wardak and Estuary Program has operated as a partner- NONPROLIFERATION REFORM Jawzjan, and opened a branch of the Turkish ship of thousands of volunteers, elected offi- AND MODERNIZATION ACT OF International Cooperation Agency in Kabul, cials, resource managers and commercial and 2011 from which it runs a number of humanitarian recreational resource users who work together assistance and economic development to restore and improve the ecological health of SPEECH OF projects. Tampa Bay. HON. EDWARD J. MARKEY Turkey stations over 1,700 U.S. military per- The program has made significant progress OF MASSACHUSETTS sonnel under the U.S.-Turkey Defense and in improving Tampa Bay during the last two IN THE HOUSE OF REPRESENTATIVES Economic Cooperation Agreement. Incirlik Air decades. Important achievements over the Tuesday, December 13, 2011 Base, which houses about 1,500 U.S. military years include the recovery of more than 6,000 personnel, is a transit point for 68% of air acres of life-sustaining sea grasses, the res- Mr. MARKEY. Mr. Speaker, North Korea logistical support for Iraq and Afghanistan. toration of more than 5,000 acres of coastal has nuclear weapons. Iran is developing nu- Each year, an average of 2,000 American C– habitats, and improved water quality and clar- clear weapons. Al-Qaeda wants to acquire nu- 17 aircraft and an average of 1,460 KC–135 ity to levels not seen since the 1950s. The clear weapons. The threat we face is very, refueling tankers fly through the Turkish air Tampa Bay National Estuary Program has very real. base. Turkey’s support is not limited to access done a tremendous job in cleaning, preserving Sanctions are important to help prevent the of its air bases; its Mersin port on the Medi- and maintaining the health and vitality of spread of nuclear weapons, but they are not terranean is part of the U.S.’s supply network Tampa Bay and today this estuary is not only enough. America must lead by example. to Afghanistan. a precious natural habitat for many species of The U.S. recently signed the New START In a time when several Muslim majority fish, birds and flora, but also a beautiful play- treaty, requiring reductions to our nuclear ar- countries are undergoing upheaval, Turkey ground for swimmers, boaters and general ad- senal. Yet, we still plan to spend hundreds of provides an ideal model to its neighbors. It is mirers. billions of dollars on new nuclear weapons and related programs over the next decade. a secular, modern, Muslim majority state that Mr. Speaker, it has been an honor to have Why do we allow this wasteful spending to is a significant NATO ally. In its domestic af- been a partner in this incredible successful continue? Because some Republicans in this fairs, Turkey is again a model for its neigh- partnership that has made an invaluable con- Chamber treat the nuclear weapons budget as bors. According to the State Department’s tribution to restoring this unique Florida eco- a sacred cow, never to be questioned or scru- 13th Annual Report on Religious Freedom, system. The hard work and dedication of the During the reporting period, the [Turkish] tinized. This is ridiculous. staff and their community partners ensures Wasteful nuclear weapons spending actually government took steps to improve religious that the Tampa Bay Estuary Program will con- freedom. Notably the government permitted harms national security. It sends the message religious services to be held annually in his- tinue to build upon their success in the future. to Iran, North Korea, and Syria that while we toric Christian sites that had been turned Please join me in congratulating all those who don’t want you to have these weapons, we are into state museums after decades of disuse. have been a part of the Tampa Bay Estuary not willing to make cuts ourselves. This is the As a friend of Turkey, the United States Program for a job well done over these past wrong message to send. ought to continue to recognize Turkey’s initia- 20 years. You cannot argue temperance from a tives on religious freedom and encourage Tur- barstool. key to continue its progress. This is what allies f The central deal in the Nuclear Nonprolifera- do. CONGRATULATING NATIONAL tion Treaty was that the non-weapons states f GUARD ON 375TH ANNIVERSARY agreed to forgo the right to get the bomb. The weapons states in return, agreed to negotiate RECOGNIZING THE 20TH ANNIVER- measures leading to disarmament. SARY OF THE TAMPA BAY ESTU- HON. CHARLES F. BASS That should be our goal, and we can take ARY PROGRAM an important step in this direction by reducing OF NEW HAMPSHIRE unnecessary nuclear weapons spending. IN THE HOUSE OF REPRESENTATIVES HON. C.W. BILL YOUNG f OF FLORIDA Wednesday, December 14, 2011 IRAN THREAT REDUCTION ACT OF IN THE HOUSE OF REPRESENTATIVES Mr. BASS of New Hampshire. Mr. Speaker, 2011 Wednesday, December 14, 2011 I rise today to offer my heartfelt congratula- SPEECH OF Mr. YOUNG of Florida. Mr. Speaker, I rise tions to the National Guard in honor of its today to honor the 20th Anniversary of the 375th anniversary and a particular thank you HON. EARL BLUMENAUER Tampa Bay Estuary Program, which has been to the men and women that serve in the New OF OREGON a key factor in restoring and improving the ec- Hampshire National Guard. The origins of the IN THE HOUSE OF REPRESENTATIVES ological health of Tampa Bay. Designated by New Hampshire National Guard can be traced Tuesday, December 13, 2011 Congress as an ‘estuary of national signifi- back to 1623 with a proud tradition of pro- cance’ under the National Estuary Program in tecting the lives and property of Granite State Mr. BLUMENAUER. Mr. Speaker, this state- 1990, the Tampa Bay Estuary program is one residents. New Hampshire Guardsmen have ment is submitted as an extension of my re- of only 28 programs in the United States and always answered the call to serve our great marks on the House floor, December 13, four in Florida. state and nation and since the terrorist attacks 2011, discussing H.R. 1905, the Iran Threat Unique environments that are found where of September 11th, more than 2,000 New Reduction Act of 2011: rivers meet the sea, estuaries are vital compo- Hampshire Guardsmen have served overseas I thank my friend from California, the Rank- nents to the world’s ecosystem. Estuaries im- as part of Operations Enduring Freedom, Iraqi ing Member of the House Foreign Affairs prove water quality by filtering pollutants, act Freedom, and New Dawn. Collectively, the Committee, for discussing Section 601(c) of as buffers to protect shorelines from erosion New Hampshire Guardsmen have received the Iran Threat Reduction Act of 2011 with and flooding, serve as nursery grounds for the the highest honors our military bestows includ- me. majority of commercial and recreational fish ing the Silver Star, Bronze Star, Army Com- Despite his helpful words, I still have strong and shellfish consumed by Americans, and mendation Medals, Combat Infantry and Com- reservations about language used in this legis- provide essential food and habitat for birds, bat Action Badges and Purple Hearts. lation. fish and other wildlife. New Hampshire’s citizen soldiers and air- Specifically with the language in Section Created by Congress in 1987, the National men have served domestically as well by mo- 601(c) of this bill, which states that: Estuary Program works to identify and restore bilizing under Operation Noble Eagle, aiding ‘‘No person employed with the United nationally significant estuaries that are threat- the victims of severe weather, and rescuing States Government may contact in an offi- cial or unofficial capacity any person that is ened by pollution. Through an amendment to lost hikers in the White Mountains. I am proud an agent, instrumentality, or official of, is an appropriations bill, we worked quickly to to represent the brave men and women of affiliated with, or is serving as a representa- ensure that Tampa Bay was included as one New Hampshire’s National Guard and look for- tive of the Government of Iran; and presents of the first estuary programs, recognizing its ward to honoring them for their service in the a threat to the United States or is affiliated importance to the ecosystem of Florida and years to come. with terrorist organizations.’’

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K14DE8.013 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS December 14, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2263 As most of my colleagues would agree, the ingly called for freedoms and reforms, China kets. We know that the promise of informa- whole of the Iranian government is itself a has only strengthened its controls over tion technology can not be achieved when it ‘‘threat’’ to the United States. Further, Iran ac- many areas of society—particularly over the is used by repressive governments to find, Internet. capture, convict and so often torture ordi- tively supports terrorist organizations such as While China has witnessed a boom in the nary citizens for voicing concerns publicly. Hamas and Hezbollah, both listed as Foreign popularity of social media and Internet sites, Information technology can not be advanced Terrorist Organizations by the State Depart- Chinese citizens that access online sites when it involves the systemic exclusion of ment. It would be strange logic indeed to dis- today remain under the watchful eye of the commercial competitors and rampant dis- associate any of the officials who work for Iran State. By some accounts, China has impris- regard for transparency and intellectual from a ‘‘threat’’ to the U.S. It would appear im- oned more Internet activists than any other property. possible to comply with this language. country in the world, and its Internet envi- China is one of the most repressive and re- ronment ranks among the most restrictive strictive countries when it comes to the con- Given the inability to comply with this lan- globally. Chinese citizens are unable to voice trol of the Internet and the impact goes far guage, this leaves the waiver provision by the a range of criticism that Americans un- beyond the commercial losses for U.S. com- President as the only means to initiating con- doubtedly take for granted each day: Chinese panies that want to participate in that mar- tact with Iran. Diplomacy tied to a 15-day citizens that tweet about local corruption ket. There are serious human rights implica- countdown is ineffective at best and extremely may face the threat of abuse or harassment. tions and we have seen the damage inflicted dangerous at worst. Luckily, this restriction on Citizens that express dissatisfaction over countless times through the arrest of the Executive Power to conduct the country’s tainted food supplies that injure children— bloggers and prodemocracy activists who have used the Internet to communicate with foreign policy is likely unconstitutional. This the most vulnerable population of our soci- ety—may come to hear a knock at the door. colleagues or disseminate views and then waiver is, on its face, questionable, unneces- And, citizens that voice the human desire for have been arrested. What makes this situa- sarily ties the hands of our President, and is democracy and rights protections we value tion even worse is that sometimes it is U.S. poor policy. so dearly may disappear into the official cus- companies, and my colleagues will recall I Congress would be better served in these tody of the State, where they face torture held the first of a series of hearings where we challenging times to do its own job, rather and incarceration. had Microsoft, Yahoo, Cisco, and Google be- than making it harder for the President to do For Chinese citizens, the line that can’t be fore our committee—it was my sub- committee on human rights—held up their his. crossed is unclear. While mentions of the 1989 Tiananmen protests are surely prohib- hands and promised to tell the whole truth f ited, China’s censorship remains at the and nothing but, and then said they couldn’t tell us what they were censoring and would CONGRESSIONAL COMMISSION ON whimsy of governmental agencies that seek to limit what they perceive to be any desta- not tell us how they were being complicit. CHINA HEARING ON ‘‘CHINA’S bilizing commentary. In China, the Internet Harry Wu, who is here, and has been a leader CENSORSHIP OF THE INTERNET provides no transparency—and citizens must on this issue, pointed out that Cisco has so AND SOCIAL MEDIA: THE HUMAN weigh their choices each time they click to enabled the secret police to track down peo- TOLL AND TRADE IMPACT’’ send an email or press a button or post per- ple using police net, and that the use of sonal views online. Who can forget Shi Tao, cyber police, ubiquitous throughout all of who for merely posting information about China, in order to capture the best, bravest, HON. CHRISTOPHER H. SMITH what he is not allowed to do, with regards to and smartest in China, who will bring that OF NEW JERSEY Tiananmen Square, garnered a ten year pris- country to democracy if only allowed to do IN THE HOUSE OF REPRESENTATIVES on sentence when Yahoo opened up their per- so. NOVEMBER 17, 2011 TESTIMONY BEFORE THE Wednesday, December 14, 2011 sonally identifiable information and gave it to the Chinese secret police that lead to his CONGRESSIONAL-EXECUTIVE COMMISSION ON Mr. SMITH of New Jersey. Mr. Speaker, as conviction. There are no lists of banned CHINA HEARING ON ‘‘CHINA’S CENSORSHIP OF Chairman of the Congressional-Executive words. There are no registers of prohibited THE INTERNET AND SOCIAL MEDIA: THE Commission on China, I would ask that the topics. In China, there is no transparency. HUMAN TOLL AND TRADE IMPACT’’ following opening statements be submitted to There are only consequences, and dire ones GILBERT B. KAPLAN, PARTNER, KING & SPALD- at that. ING, PRESIDENT, COMMITTEE TO SUPPORT U.S. the RECORD for the November 17, 2001 hear- Today, we welcome two panels that will TRADE LAWS—INTRODUCTION ing on ‘‘China’s Censorship of the Internet and address China’s Internet censorship from two China’s censorship of the Internet and its Social Media: The Human Toll and Trade Im- perspectives. The witnesses will not only restrictions on the free flow of information pact.’’ provide personal accounts of how China’s have a very significant impact on U.S. eco- CHINA’S CENSORSHIP OF THE INTERNET AND SO- censorship affects individuals and families, nomic and trade interests. China continues CIAL MEDIA: THE HUMAN TOLL AND TRADE but also detail how China’s actions hinder to impose debilitating burdens on foreign IMPACT the rights of U.S. businesses that seek to Internet service providers through its cen- compete fairly in China. These panels will STATEMENT OF HON. CHRISTOPHER SMITH, AU.S. sorship regime, its blocking of foreign expose China’s bold disregard for its own REPRESENTATIVE FROM NEW JERSEY, CHAIR- websites, and its ‘‘Great Firewall’’ infra- laws and its international obligations, spe- MAN, CONGRESSIONAL-EXECUTIVE COMMISSION structure, which inhibit or prevent all to- cifically in terms of its controls on internet ON CHINA gether U.S. companies’ ability to do business activity and expression. in China, and their ability to compete with The Commission will come to order. I want In the first panel today, we will hear per- Chinese domestic companies. China’s Inter- to welcome all of our distinguished witnesses sonal accounts of the consequences Chinese net service providers have capitalized on this to this very important hearing. We really ap- citizens face in seeking to express their fun- discriminatory treatment of U.S. companies preciate the attendance of all of our panel- damental rights of expression. We will hear and have consequently experienced great ists and guests. It’s a pleasure to welcome from a son and a pastor that have seen first- success. Earlier this year, for example, everyone to this important roundtable on hand the anxious and unforgiving hand of RenRen (known as ‘‘China’s Facebook’’) filed ‘‘China’s Censorship of the Internet and So- China’s Internet police. We will hear how the for a U.S. public offering, symbolizing its cial Media: The Human Toll and Trade Im- simplest calls for freedom and reforms can success to date and its plans for expansion. pact.’’ As recent events have shown, the lead to the separation of loved ones and par- Meanwhile, Facebook is blocked in China. issue of Internet censorship has only grown tition of families. These measures have been ongoing for years, in terms of importance and magnitude, and I In the second panel, we will hear how Chi- and have had an overwhelming adverse im- thank the Congressional-Executive Commis- na’s Internet restrictions and controls not pact on market share for U.S. companies per- sion on China staff for organizing a hearing only hurt its citizens, but also hurt countries haps to the extent that such market share on this pressing issue, and for the tremen- seeking to better China through inter- can never be recovered. dous scholarly work they have done not only national trade and cooperation. On a com- China’s blocking and filtering measures, in presenting our annual report, which is mercial level, China similarly lacks the kind and the fog of uncertainty surrounding what filled with facts and information that is ac- of transparency and fairness that we expect China’s censors will and will not permit, vio- tionable, but for the ongoing work that they in global trading partners. China has not late numerous of China’s international obli- do to monitor the gross abuses of human only failed to comply with its WTO commit- gations, including provisions of the WTO rights in China. ments, it has exploited our expectations to General Agreement on Trade and Services As the Congressional-Executive Commis- create an unlevel playing field, hurting the (‘‘GATS’’) and China’s WTO Protocol of Ac- sion on China’s 2011 annual human rights re- competitiveness of U.S. businesses and work- cession. port demonstrates, China’s leadership has ers alike. The negative impact of these violations on grown more assertive in its violation of We recognize that the Internet and social America’s premier Internet companies is rights, disregarding the very laws and inter- media can and should be used to provide peo- profound. There are several corporate vic- national standards that they claim to up- ple with greater access to honest informa- tims of China’s exclusionary practices. Al- hold, while tightening their grip on Chinese tion and to open up commercial opportuni- though there is public information identi- society. As Chinese citizens have increas- ties for businesses operating in global mar- fying several large companies that have been

VerDate Mar 15 2010 05:48 Dec 15, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A14DE8.030 E14DEPT1 jbell on DSK7SPTVN1PROD with REMARKS E2264 CONGRESSIONAL RECORD — Extensions of Remarks December 14, 2011 blocked or restricted by the Great Firewall, new concrete policies but it does set the and promptly, fulfilling its obligations under including YouTube, Facebook, Twitter, stage for future moves to rein in parts of the the WTO to maintain an open internet and Vimeo, Google, and the Huffington Post, to Internet at the possible expense of the com- not discriminate against U.S. business. name a few, there are many other companies mercial Internet companies.’’ The remainder of this submission will re- that have been blocked from access in China The historic action taken by USTR is also view in greater detail the Internet restric- that I am not able to identify by name spe- a significant and important step because, in tions in China, the adverse trade impact cifically because these companies fear retal- addition to promoting transparency and free caused by those restrictions, and how those iation. These companies come from various speech, it may result in China providing in- restrictions would appear to violate China’s sectors, including energy, labor mediation, formation in response to U.S. questions that international trade obligations. will assist small and medium-sized U.S. busi- tourism, education, web hosting, and adver- I. CHINA’S INTERNET RESTRICTIONS nesses in entering the Chinese market, which tising, among others. The fact that these U.S. and foreign Internet companies have large, well-established companies and other they currently are unable to do given the lack of certain vital information involving faced a long history of discriminatory treat- fast-growing U.S. firms, so successful in ment in China, to their disadvantage and to every other major market in the world, are use of the Internet. As USTR indicated in its press release, the advantage of their Chinese competitors. reluctant to come forward with specific in- China has for many years maintained a pol- formation that would form the basis of a [a]n Internet website that can be accessed in China is increasingly a critical element icy, popularly known as the ‘‘Great Fire- WTO complaint against the Chinese govern- wall,’’ under which it has exerted strict con- ment is powerful testament to 1) the impor- for service suppliers aiming to reach Chinese consumers, and a number of U.S. businesses, trol over the use of the limited system of tance of the Chinese Internet market—the fiber optic cables that connects networks in largest in the world—to these firms’ contin- especially small- and medium-sized enter- prises, have expressed concerns regarding the China to the outside world. As we understand ued success, and 2) the risk of retaliation it, China has installed certain hardware, that these firms face if they are seen as lend- adverse business impacts from periodic dis- ruptions to the availability of their websites known as ‘‘tappers’’ or ‘‘network sniffers,’’ ing direct support to a trade complaint at each entry point so that when a user in against China. Moreover, companies not yet in China. Small and medium-sized U.S. businesses China attempts to access a good or service in existence, but for which China could rep- are particularly disadvantaged by China’s located on a server outside of China, the tap- resent a significant business opportunity, do Great Firewall because, unlike bigger U.S. pers create mirror copies of the data packets not even have a voice in the matter and per- companies, they do not have the resources to that flow back and forth between the two haps never will. physically set up shop in China so they are servers, and the mirror copies are delivered I represent the First Amendment Coali- simply excluded from the Chinese market to a set of computers that automatically re- tion, an award-winning, non-profit public in- Some of the information requested from view the data packets. The computers can terest organization dedicated to advancing China by USTR included the following: be, and often are, pre-progammed to block a free speech for individuals and companies With respect to China’s rules governing particular domain name server (‘‘DNS’’), just like those denied access to China’s website blocking: Who is responsible for de- Internet market. 1 have been working with Internet Protocol (‘‘IP’’) address, or Uni- termining when a website should be blocked? versal Resource Locator (‘‘URL’’) address. them to address the issue of China’s Internet What are the criteria for blocking access? restrictiveness since 2007. The issues regard- The government of China (‘‘GOC’’) also em- Where are the guidelines published? Who ploys tens of thousands of individuals whose ing internet censorship and internet block- does the actual blocking? How can a service age are trade issues cognizable under the sole mission is to search the Internet for ob- supplier know if their website has been jectionable content. Their work often results WTO, as well as freedom of speech issues. blocked? Are decisions to block appealable? They are a harmful trade barrier to U.S. in the blocking of additional DNS, IP, and Is the process used to prevent access the URL addresses. business which must be ended. same or different for foreign and domestic The First Amendment Coalition was able Following USTR’s Article 111:4 request, content? China defended its Internet censorship as an to persuade the Office of the U.S. Trade Rep- With respect to the State Internet Infor- resentative (‘‘USTR’’) to take the critical effort to ‘‘safeguard the public.’’ Although mation Office (‘‘SIIO) established by the the ruling Communist Party claims its mon- step of requesting detailed information from State Council: What are the responsibilities China on its internet restrictions under Arti- itoring and blocking is to promote ‘‘con- and authorities of SIIO? Will SIIO handle li- structive’’ websites, stop the spread of cle 111:4 of GATS, which mandates trans- censes, approval processes, and questions on parency in a Member’s application of meas- ‘‘harmful information,’’ and develop what it filtering and other laws? calls a healthy intemet culture, it is unclear ures affecting services. OATS Article 111:4 With respect to inadvertent blocking what content is subject to blocking and reads as follows. where one site is blocked when it shares an often the blocked content has nothing re- Each Member shall publish promptly and, IP address with a website China has deemed sembling ‘‘harmful information.’’ Addition- except in emergency situations, at the latest harmful: How does it occur? Can it be avoid- ally, the blocking appears motivated by by the time of their entry into force, all rel- ed? Will Chinese authorities notify the owner other competitive or political agendas. For evant measures of general application which of the web hosting service so that it may en- example, access to the Android Marketplace pertain to or affect the operation of this sure other sites are not inadvertently was blocked within China just after Google Agreement. blocked? How can companies resolve inad- announced it would help the Dalai Lama to USTR’s request to China follows a three vertent blocking? year effort by the First Amendment Coali- With respect to the broad nature of the visit South Africa virtually. tion to get the U.S. government to take a eleven categories of content which Internet HARM CAUSED BY CHINA’S RESTRICTIONS tough stance to address China internet re- service providers may not disseminate: Are Chinese internet restrictions have dis- strictions in violation of international trade there any criteria to determine when con- advantaged American businesses, to the ben- rules, free speech, and human rights. The tent falls within the eleven categories? Are efit of Chinese businesses. According to news U.S. request to China under GATS Article government requests to filer specific terms reports, Facebook and Twitter, for example, 111:4 is highly significant not only because it communicated directly to Internet informa- have been blocked in China. In their absence, is the very first time any WTO Member has tion service providers? Are the same terms copycat websites based in China (with utilized that provision of the GATS agree- subject to filtering made available to Inter- censored content) have been able to flourish. ment, but also because it is the first time net information service providers inside and It seems unlikely that Facebook and Twitter that the U.S. government, or any country, outside of China? will be able to regain the market share lost has made a formal submission through the With respect to the prevention of ‘‘illegal to their Chinese competitors even if they WTO to China to address internet censor- information’’ as that term is used in the were unblocked at some point in the future. ship. White Paper on the Internet in China: How is Chinese users have already developed a pref- Contrary to GATS Article 111:4, China’s illegal information defined? Is a written gov- erence for certain social media sites, and it measures with respect to Internet services ernment order required for a private corpora- is doubtful that they would have an incen- have not been published promptly, and in tion or relevant authority to block the tive to switch services. The loss of a huge po- fact, the blocking and filtering measures transmission of illegal information? What tential market for these companies indicates have not been published at all. In this re- types of technical measures are service sup- the extent of the harm caused by the Chinese gard, we have been unable to document writ- pliers expected to use to prevent trans- actions. In addition to the direct loss of ac- ten directives or specific governmental in- mission of the illegal information? Are the cess to Chinese consumers by these compa- structions concerning China’s measures con- technical measures to block illegal informa- nies comes the loss from all of the ad- stituting the ‘‘Great Firewall,’’ but this in tion applied automatically to domestic and vertisers that would ordinarily be of- effect lends support to the argument that foreign traffic? If not, how are they applied? China is not transparent in its practices re- Does Internet content from outside of China fering their services on the Internet lated to controlling and censoring Internet go through a separate monitoring process for pages of these social media service pro- content. Indeed, China has published few, if illegal information than Internet content viders. The number of Internet users in any, regulations related to Internet services. created inside of China? If so, how do they China has exceeded 500 million, growing at The Chinese government recently issued an differ? double digit rates since 2008, roughly twice official decision, currently available only in We hope and expect that the Government the size of the U.S. market, which grew only Chinese, which appears not to contain ‘‘any of China will answer these questions fully 2.5 to 4.5 percent in the same timeframe.

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U.S. compa- China. pliers such as Baidu (considered the nies excluded from the Chinese market are As noted, it is difficult to find companies ‘‘Google’’ of China); as such, these measures not just large tech companies but small and willing to come forward to support a poten- are inconsistent with Article XVII of the medium businesses including ‘‘travel sites, tial case against China for fear of retalia- GATS. engineering firms and consulting firms, tion. Due to this fear, specific facts needed If China’s measures were challenged in a which have found their sites blocked and by the U.S. government to support many WTO proceeding, a Panel would first deter- have complained to the trade office.’’ A 2011 claims under the WTO are difficult to docu- mine whether China’s measures are indeed report by the McKinsey Global Institute es- ment. In addition, also as noted, many of the ‘‘affecting’’ the supply of these services. As timates that there is a ten percent increase Chinese laws, regulations, policies, and prac- noted by the Appellate Body in EC–Bananas in productivity for small and medium busi- tices regarding Internet services are not III: nesses from internet usage. This produc- written down, although they are enforced de [T]he term of ‘‘affecting’’ reflects the in- tivity growth is denied U.S. companies that facto. tent of the drafters to give a broad reach to are blocked from providing their services in A. CHINA’S INTERNET CENSORSHIP VIOLATES the GATS. The ordinary meaning of the word China. OTHER PROVISIONS OF GATS ‘‘affecting’’ implies a measure that has ‘‘an U.S. companies are subject to the strict China made specific commitments regard- effect on’’, which indicates a broad scope of controls that completely disrupt their serv- ing market access and national treatment application. This interpretation is further ice, or at a minimum seriously delay the for services in various service sectors. Chi- reinforced by the conclusions of previous transmission of information. Users of these na’s Internet policies would appear to violate panels that the term ‘affecting’ in the con- websites, if they actually endure the wait many of these specific commitments under text of Article III of the GATT is wider in and do not move to a competitor service sup- the GATS, including in the areas of Data scope than such terms as ‘regulating’ or plier, suffer from a decrease in the quality of Processing Services, Photographic Services, ‘governing.’ It is therefore not necessary for China’s service, causing commercial harm to U.S. Telecommunication Services, Mobile Voice measures to be directly regulating or gov- companies. and Data Services, Audiovisual Services, erning the business of U.S. Internet service It would be very useful for this Commis- Tourism and Travel Related Services, and providers, but merely that the measures sion to undertake, directly or perhaps Transport Services. By pursuing these poli- have an effect on these services, and their through an economic consulting firm, an cies, China denies market access to U.S. providers’ ability to do business in China. economic analysis of the overall harm companies and discriminates against the China’s measures clearly have ‘‘an effect on’’ caused to U.S. companies by the Chinese services of U.S. companies in favor of Chi- these services—indeed, a very detrimental blockage and censorship of the internet. I nese companies. think that would be one useful follow-up to Although U.S. companies offer a wide one. Second, the United States would need to this hearing. range of services over the Internet, four serv- demonstrate that China’s measures accord III. CHINA’S INTERNET RESTRICTIONS VIOLATE ice sectors that would appear to suffer dis- ‘‘less favorable’’ treatment to U.S. suppliers ITS INTERNATIONAL TRADE OBLIGATIONS proportionately under Chinese policies are: than to China’s domestic suppliers of ‘‘like’’ (1) Advertising services (the primary revenue The Chinese Government’s actions appear services. As set forth in GATS Article source for U.S. suppliers of Internet-based to constitute various violations of WTO XVII:3, the test for less favorable treatment services, particularly those operating search agreements to which China is a party, par- is whether the measure ‘‘modifies the condi- engines, social networking, and data/photo ticularly the GATS Agreement. The Chinese tions of competition in favor of services or sharing, is through advertising and U.S. actions in question, although often based on service suppliers of’ China compared to like services suppliers obtain revenue from the unwritten policies and practices, would still services or services suppliers of the United development and posting of targeted adver- constitute ‘‘measures’’ that can be chal- States. Persuading a panel in this regard tisements on their webpages and facilitating lenged under the World Trade Organization would require the production of extensive access to other websites by their users Dispute Settlement procedures. In this re- data and specific information demonstrating clicking on the advertisements); (2) Data gard, the Appellate Body and various WTO the competitive disadvantage suffered by processing and tabulation services (relevant panels have confirmed that actionable U.S. companies due to China’s measures. A U.S. services suppliers are providing con- ‘‘measures’’ subject to WTO dispute settle- comparison of blockages of websites, upload sumers with the ability to access certain ment include not only written laws and regu- times for content of websites, and other sig- tools over the Internet that enable them to lations, but other government actions as nificant impediments to Internet service make, edit, and share videos or photos, or well. Panels have also recognized the subtle- providers would likely reveal significant and other data and that allow them to search for ties of government pressure on private com- swift loss of market share by U.S. providers. panies as ‘‘measures’’ that may be chal- content on other websites and the U.S. serv- 2. MARKET ACCESS lenged at the WTO. ices supplier is necessarily processing data In addition to USTR’s current GATS Arti- for the consumer and providing a tool to ac- Article XVI:2 of the GATS prohibits Mem- cle 111:4 request, there are more aggressive cess defined data bases or the Internet gen- bers from maintaining or adopting quan- steps that the United States could take to erally); (3) On-line information and database titative limitations on service operations or protect its vital economic interests. While retrieval; and (4) Videos, including enter- service output. China’s restrictions on cer- we believe that China currently is preparing tainment software and (CPC 83202), distribu- tain U.S. Internet companies’ services con- its official response to USTR’s Article 111:4 tion services (‘‘Video/entertainment dis- stitutes a de facto quantitative limitation on request, if China fails to respond or fails to tribution services’’). such services, therefore violating this provi- respond meaningfully, the United States There follows below a brief discussion of sion. would then have a readily apparent basis to some of the specific GATS claims that might 3. DOMESTIC REGULATION initiate formal dispute settlement pro- be made against the Chinese measures in Under Article VI of the GATS, for services ceedings in the WTO. Paragraph 1 of GATS question and some of the factors that would sectors in which specific commitments have Article XXIII says ‘‘[i]f any Member should need to be considered in prosecuting such been undertaken, China must administer its consider that any other Member fails to claims. measures in a ‘‘reasonable, objective and im- carry out its obligations or specific commit- I. NATIONAL TREATMENT partial manner’’ and, for all services sectors, ments under this Agreement, it may with a China’s restrictions on U.S. Internet com- must ensure that tribunals or procedures are view to reaching a mutually satisfactory res- panies appear to violate the national treat- available for the prompt review and remedy olution of the matter have recourse to the ment provision in Article XVII of the GATS, of administrative decisions. China’s restric- dispute settlement understanding.’’ which provides that ‘‘each Member shall ac- tions on U.S. Internet companies are subjec- In addition to a potential violation under cord to services and service suppliers of any tive and non-transparent, and there are no GATS Article III on transparency, there are other Member, in respect of all measures af- tribunals or procedures for the review of other WTO obligations that China appears to fecting the supply of services, treatment no these administrative decisions. The restric- violate with its Internet restrictions, includ- less favourable than that it accords to its tions therefore violate China’s obligations ing other GATS provisions, as is discussed own like services and service suppliers.’’ under Articles VI:1 and VI:2(a) of the GATS. below. The Chinese measures at issue would seem China’s ‘‘Great Firewall’’ filtering and Initiation of a WTO dispute settlement to fall within one or more of at least four blocking practices would also seem to vio- proceeding against Chinese Internet restric- services subsectors for which China has in- late the GATS Annex on Telecommuni- tions by the United States would signal to scribed a specific commitment, without limi- cations, which states in paragraphs 4 and 5 the U.S. business community, to consumers tation on national treatment, in its WTO that ‘‘each Member shall ensure that rel- around the world, and to China, that the U.S. Services Schedule. As such, China’s meas- evant information on conditions affecting government will assert its rights under WTO ures must comply with the obligations in Ar- access to and use of public telecommuni- agreements when China fails to fulfill its ticle XVII for these subsectors. Current Chi- cations transport networks and services is WTO obligations, even in those areas that nese treatment of U.S. Internet companies, publicly available’’ and that ‘‘{e}ach Member may be of a more sensitive nature. Unfortu- including filtering and blocking through the shall ensure that any service supplier of any

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OF NEW YORK cations transport networks and services ‘‘for This is done with the understanding that IN THE HOUSE OF REPRESENTATIVES the movement of information within and the Committee on Energy and Commerce is across borders’’ and ‘‘for access to informa- not waiving any of its jurisdiction, and the Tuesday, December 13, 2011 tion contained in databases or otherwise Committee will not in any way be prejudiced Mr. CROWLEY. Mr. Speaker, I rise today in stored in machine-readable form’’ in the with respect to the appointment of conferees support of the Iran Threat Reduction Act of United States or in the territory of another or its jurisdictional prerogatives on this or WTO Member. China’s filtering and blocking similar legislation. 2011. on Internet content clearly restricts the I want to thank both the Chairman and the I would appreciate your response con- availability of these telecommunications Ranking Member of the Committee on Foreign networks in a discriminatory fashion. firming this understanding with respect to S. 384 and ask that a copy of our exchange of Affairs for their efforts on passing this impor- CONCLUSION letters on this matter be included in the tant legislation. We appreciate the Commission holding this Congressional Record during consideration I am a proud co-sponsor of this bill. hearing and inviting me to testify. We also of the bill on the House floor. Iran’s efforts to obtain nuclear capabilities appreciate the efforts of USTR in submitting Sincerely, the GATS 111:4 questions. We urge the Com- and its support for terrorism form one of our FRED UPTON, most serious foreign policy challenges. mission to take into account our views in its Chairman. ongoing work on this issue. We also urge the And, the Iranian regime’s treatment of its Commission to monitor China’s responses to own people horrifies the world. COMMITTEE ON OVERSIGHT AND these questions as well as USTR’s continuing This legislation sends a strong message to efforts on this very important issue. An open GOVERNMENT REFORM, Washington, DC, December 13, 2011. the Iranian government—there is a price to and accessible internet in China is a pre- Hon. FRED UPTON, pay for ignoring the will of the international requisite to U.S. success in the Chinese mar- Chairman, Committee on Energy and Commerce, community. ket, and a goal that we must continue to Washington, DC. fight for until it is achieved. It is no secret that Iran has been a desta- DEAR MR. CHAIRMAN: Thank you for your bilizing and dangerous force in the Middle f letter regarding the Committee on Energy East. U.S. POSTAL SERVICE BREAST and Commerce’s jurisdictional interest in S. From repeatedly threatening our ally Israel CANCER RESEARCH AUTHORITY 384, to amend title 39, United States Code, to to providing support for attacks on U.S. troops extend the authority of the United States ACT Postal Service to issue a semipostal to raise in the region, Iran has sought at every turn to funds for breast cancer research, and your thwart U.S. and international efforts. SPEECH OF willingness to forego consideration of S. 384 Let’s be clear though—while the Iranian HON. DARRELL E. ISSA by your committee. government conceives of these actions, it is OF CALIFORNIA I agree that the Committee on Energy and the cruel and twisted core of the Iranian re- IN THE HOUSE OF REPRESENTATIVES Commerce has a valid jurisdictional interest gime—the Iran Revolutionary Guard Corps— in certain provisions of S. 384 and that the that executes its daily threats and brutalities. Monday, December 12, 2011 Committee’s jurisdiction will not be ad- That’s why it is so important that this measure Mr. ISSA. Mr. Speaker, I would like to sub- versely affected by your decision to not re- targets the IRGC. mit the following letter regarding S. 384: quest a sequential referral of S. 384. This legislation isn’t all that we must do. It COMMITTEE ON ENERGY AND COMMERCE, Finally, I will include a copy of your letter is also time for tough and lasting pressure on Washington, DC, December 13, 2011. and this response in the Committee Report those who do business with the Central Bank Hon. DARRELL ISSA, and in the Congressional Record during the of Iran. Chairman, Committee on Oversight and Govern- floor consideration of this bill. Thank you The world must not allow Iran to obtain nu- ment Reform, Washington, DC. again for your cooperation. DEAR CHAIRMAN ISSA: I am writing con- Sincerely, clear capabilities, for the sake of the region cerning S. 384, to amend title 39, United DARRELL ISSA, and the world. States Code, to extend the authority of the Chairman.

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Highlights House agreed to the conference report to accompany H.R. 1540, National Defense Authorization Act for Fiscal Year 2012. Senate Chamber Action Appointments: National Advisory Committee on Institutional Routine Proceedings, pages S8555–S8618 Quality and Integrity: The Chair announced, on Measures Introduced: Eight bills were introduced, behalf of the President pro tempore, pursuant to P.L. as follows: S. 1988–1995. Page S8602 110–315, the appointment of the following to be a Measures Passed: member of the National Advisory Committee on In- stitutional Quality and Integrity: Ms. Jill Derby of Belarus Democracy and Human Rights Act: Nevada, vice Daniel Klaich of Nevada. Page S8617 Committee on Foreign Relations was discharged Christen Nomination—Agreement: A unanimous- from further consideration of H.R. 515, to reauthor- consent-time agreement was reached providing that ize the Belarus Democracy Act of 2004, and the bill at approximately 10:30 a.m., on Thursday, Decem- was then passed, after agreeing to the following ber 15, 2011, Senate begin consideration of the amendment proposed thereto: Page S8611 nomination of Morgan Christen, of Alaska, to be Reid (for Kerry/Lugar) Amendment No. 1462, to United States Circuit Judge for the Ninth Circuit; make minor edits to the bill. Page S8611 that there be 30 minutes for debate equally divided Intelligence Authorization Act for Fiscal Year in the usual form; that upon the use or yielding 2012: Senate passed H.R. 1892, to authorize appro- back of time, Senate resume legislative session, and priations for fiscal year 2012 for intelligence and in- at a time to be determined by the Majority Leader, telligence-related activities of the United States Gov- in consultation with the Republican Leader, Senate ernment, the Community Management Account, and return to executive session, resume consideration of the Central Intelligence Agency Retirement and Dis- the nomination, and there be an additional 2 min- ability System, after agreeing to the following utes for debate equally divided in the usual form, prior to a vote on confirmation of the nomination; amendment proposed thereto: Pages S8611–17 and that no further motions be in order to the nomi- Reid (for Feinstein/Chambliss) Amendment No. nation. Page S8611 1463, in the nature of a substitute. Page S8617 Nominations Confirmed: Senate confirmed the fol- Measures Failed: lowing nominations: Balanced Budget Joint Resolution: By 21 yeas to 8 Coast Guard nominations in the rank of admi- 79 nays (Vote No. 228), two-thirds of Senators vot- ral. ing not having voted in the affirmative, Senate failed 15 Navy nominations in the rank of admiral. to pass S.J. Res. 24, proposing a balanced budget Pages S8611, S8617–18 amendment to the Constitution of the United States. Messages from the House: Pages S8600–01 Pages S8565–67 Measures Referred: Page S8601 Balanced Budget Joint Resolution: By 47 yeas to Measures Placed on the Calendar: 53 nays (Vote No. 229), two-thirds of Senators vot- Pages S8601, S8617 ing not having voted in the affirmative, Senate failed to pass S.J. Res. 10, proposing a balanced budget Executive Communications: Pages S8601–02 amendment to the Constitution of the United States. Executive Reports of Committees: Page S8602 Pages S8565–67 Additional Cosponsors: Pages S8602–04 D1360

VerDate Mar 15 2010 07:20 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D14DE1.REC D14DE1 bjneal on DSK2TWX8P1PROD with December 14, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1361 Statements on Introduced Bills/Resolutions: Safety Administration, with an amendment in the Pages S8603–04 nature of a substitute; Additional Statements: Pages S8598–S8600 S. 1952, to improve hazardous materials transpor- tation safety; Amendments Submitted: Pages S8604–10 S. 1953, to reauthorize the Research and Innova- Authorities for Committees to Meet: tive Technology Administration, to improve trans- Pages S8610–11 portation research and development; and Privileges of the Floor: Page S8611 A promotion list in the National Oceanic and At- mospheric Administration. Record Votes: Two record votes were taken today. (Total—229) Pages S8566–67 BUSINESS MEETING Adjournment: Senate convened at 9:30 a.m. and Committee on Environment and Public Works: Com- adjourned at 8:10 p.m., until 9:30 a.m. on Thurs- mittee ordered favorably reported the nomination of day, December 15, 2011. (For Senate’s program, see Rebecca R. Wodder, of Virginia, to be Assistant Sec- the remarks of the Majority Leader in today’s Record retary of the Interior for Fish and Wildlife. on page S8617.) ALTERNATIVE ENERGY TAX INCENTIVES Committee on Finance: Subcommittee on Energy, Nat- Committee Meetings ural Resources, and Infrastructure concluded a hear- ing to examine alternative energy tax incentives, fo- (Committees not listed did not meet) cusing on the effect of short-term extensions on al- INVESTOR RISKS IN CAPITAL RAISING ternative technology investment, domestic manufac- turing, and jobs, after receiving testimony from Committee on Banking, Housing, and Urban Affairs: Molly Sherlock, Analyst in Economics, Congressional Subcommittee on Securities, Insurance and Invest- Research Service, Library of Congress; Will Coleman, ment concluded a hearing to examine investor risks Mohr Davidow Ventures, Menlo Park, California; in capital raising, including S. 1824, to amend the Martha Wyrsch, Vestas-American Wind Technology, securities laws to establish certain thresholds for Inc., Portland, Oregon; Paul Soanes, Renewable shareholder registration under that Act, S. 1831, to Biofuels, Inc., Houston, Texas; and Margo Thorning, direct the Securities and Exchange Commission to American Council for Capital Formation, Wash- eliminate the prohibition against general solicitation ington, D.C. as a requirement for a certain exemption under Reg- ulation D, S. 1933, to increase American job cre- HUMAN RIGHTS AND RULE OF LAW IN ation and economic growth by improving access to RUSSIA the public capital markets for emerging growth Committee on Foreign Relations: Subcommittee on Eu- companies, and S. 1970, to amend the securities laws ropean Affairs concluded a hearing to examine the to provide for registration exemptions for certain state of human rights and rule of law in Russia, fo- crowdfunded securities, after receiving testimony cusing on United States policy options, after receiv- from John C. Coates IV, Harvard Law School, New- ing testimony from Philip H. Gordon, Assistant Sec- ton, Massachussets; Kate Mitchell, Scale Venture retary for European and Eurasian Affairs, and Thom- Partners, San Francisco, California; Barry E. Silbert, as O. Melia, Deputy Assistant Secretary for Democ- SecondMarket, New York, New York; Stephen racy, Human Rights and Labor, both of the Depart- Luparello, Financial Industry Regulatory Authority, ment of State; and David Kramer, Freedom House, Alexandria, Virginia; and Mark T. Hiraide, Petillon Edward S. Verona, U.S.-Russia Business Council, Hiraide and Loomis LLP, Redondo Beach, California. and Tom Malinowski, Human Rights Watch, all of BUSINESS MEETING Washington, D.C. Committee on Commerce, Science, and Transportation: BUSINESS MEETING Committee ordered favorably reported the following Committee on Homeland Security and Governmental Af- business items: fairs: Committee ordered favorably reported the fol- S. 1449, to authorize the appropriation of funds lowing business items: for highway safety programs and for other purposes, An original bill entitled, ‘‘Stop Trading on Con- with an amendment in the nature of a substitute; gressional Knowledge Act of 2012’’; S. 1950, to amend title 49, United States Code, H.R. 2297, to promote the development of the to improve commercial motor vehicle safety and re- Southwest waterfront in the District of Columbia; duce commercial motor vehicle-related accidents and H.R. 789, to designate the facility of the United fatalities, to authorize the Federal Motor Carrier States Postal Service located at 20 Main Street in

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Little Ferry, New Jersey, as the ‘‘Sergeant Matthew for National and Community Service, Deepa Gupta, J. Fenton Post Office’’; and of Illinois, to be a Member of the National Council H.R. 2422, to designate the facility of the United on the Arts, Christopher Merrill, of Iowa, to be a States Postal Service located at 45 Bay Street, Suite Member of the National Council on the Humanities, 2, in Staten Island, New York, as the ‘‘Sergeant Stephanie Orlando, of New York, and Gary Angel Mendez Post Office’’. Blumenthal, of Massachusetts, both to be a Member BUSINESS MEETING of the National Council on Disability, and a nomina- tion list in the Public Health Service. Committee on Health, Education, Labor, and Pensions: Committee ordered favorably reported the following business items: FEDERAL BUREAU OF INVESTIGATION S. 1855, to amend the Public Health Service Act OVERSIGHT to reauthorize various programs under the Pandemic Committee on the Judiciary: Committee concluded an and All-Hazards Preparedness Act, with an amend- oversight hearing to examine the Federal Bureau of ment in the nature of a substitute; and Investigation, after receiving testimony from Robert The nominations of Wendy M. Spencer, of Flor- S. Mueller III, Director, Federal Bureau of Investiga- ida, to be Chief Executive Officer of the Corporation tion, Department of Justice. h House of Representatives the previous question was ordered by a yea-and-nay Chamber Action vote of 235 yeas to 173 nays, Roll No. 925. Public Bills and Resolutions Introduced: 15 pub- Pages H8921–22 lic bills, H.R. 3658–3672; and 5 resolutions, H. Recess: The House recessed at 3:27 p.m. and recon- Con. Res. 92–94; and H. Res. 495–496 were intro- vened at 5:40 p.m. Page H8937 duced. Pages H8965–67 Suspensions—Proceedings Resumed: The House Additional Cosponsors: Pages H8967–68 agreed to suspend the rules and pass the following Reports Filed: There were no reports filed today. measures which were debated yesterday, December Speaker: Read a letter from the Speaker wherein he 13th: appointed Representative Webster to act as Speaker Iran Threat Reduction Act of 2011: H.R. 1905, pro tempore for today. Page H8903 amended, to strengthen Iran sanctions laws for the Recess: The House recessed at 10:58 a.m. and re- purpose of compelling Iran to abandon its pursuit of nuclear weapons and other threatening activities, by convened at 12 noon. Page H8910 a 2⁄3 yea-and-nay vote of 410 yeas to 11 nays, Roll National Defense Authorization Act for Fiscal No. 927; Pages H8937–38 Year 2012—Conference Report: The House agreed to the conference report to accompany H.R. 1540, to Iran, North Korea, and Syria Nonproliferation authorize appropriations for fiscal year 2012 for mili- Reform and Modernization Act of 2011: H.R. tary activities of the Department of Defense, for 2105, amended, to provide for the application of military construction, and for defense activities of measures to foreign persons who transfer to Iran, North Korea, and Syria certain goods, services, or the Department of Energy, and to prescribe military 2 personnel strengths for such fiscal year, by a recorded technology, by a ⁄3 yea-and-nay vote of 418 yeas to vote of 283 ayes to 136 noes, Roll No. 932. 2 nays, Roll No. 928; and Pages H8938–39 Pages H8915–37, H8941–42 Fallen Heroes of 9/11 Act: H.R. 3421, to award Rejected the Bishop (GA) motion to recommit the Congressional Gold Medals in honor of the men and conference report to the committee of conference women who perished as a result of the terrorist at- with instructions to the managers on the part of the tacks on the United States on September 11, 2001, House, by a recorded vote of 183 ayes to 234 noes, by a 2⁄3 recorded vote of 416 ayes with none voting Roll No. 931. Page H8941 ‘‘no’’, Roll No. 929. Pages H8939–40 H. Res. 493, the rule providing for consideration Suspensions—Proceedings Resumed: The House of the conference report, was agreed to by a recorded agreed to suspend the rules and pass the following vote of 245 ayes to 169 noes, Roll No. 926, after measures which were debated on December 12th:

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Designating the property between the United Quorum Calls—Votes: Four yea-and-nay votes and States Federal Courthouse and the Ed Jones Build- four recorded votes developed during the proceedings ing located at 109 South Highland Avenue in of today and appear on pages H8921–22, H8922, Jackson, Tennessee, as the ‘‘M.D. Anderson Plaza’’: H8938, H8938–39, H8939–40, H8940–41, H8941 H.R. 1264, amended, to designate the property be- and H8941–42. There were no quorum calls. tween the United States Federal Courthouse and the Adjournment: The House met at 10 a.m. and ad- Ed Jones Building located at 109 South Highland journed at 11:40 p.m. Avenue in Jackson, Tennessee, as the ‘‘M.D. Ander- son Plaza’’ and to authorize the placement of a his- torical/identification marker on the grounds recog- Committee Meetings nizing the achievements and philanthropy of M.D. ICANN’S TOP-LEVEL DOMAIN NAME Anderson, by a 2⁄3 yea-and-nay vote of 418 yeas to PROGRAM 1 nay, Roll No. 930 and Pages H8940–41 Committee on Energy and Commerce: Subcommittee on Brian A. Terry Memorial Act: H.R. 2668, to des- Communications and Technology held a hearing en- ignate the station of the United States Border Patrol titled ‘‘ICANN’s Top-Level Domain Name Pro- located at 2136 South Naco Highway in Bisbee, Ari- gram.’’ Testimony was heard from Fiona Alexander, zona, as the ‘‘Brian A. Terry Border Patrol Station’’. Associate Administrator, Office of International Af- Page H8952 fairs, National Telecommunications and Information Administration; and public witnesses. Directing the Clerk of the House of Representa- tives to correct the enrollment of the bill H.R. MISCELLANEOUS MEASURES 1540: The House agreed to H. Con. Res. 92, to di- Committee on Financial Services: Subcommittee on Cap- rect the Clerk of the House of Representatives to ital Markets and Government Sponsored Enterprises correct the enrollment of the bill H.R. 1540. held a markup of the following: the ‘‘Private Mort- Page H8942 gage Market Investment Act’’; and H.R. 2483, the Providing for a correction to the enrollment of ‘‘Whistleblower Improvement Act of 2011.’’ Both the bill H.R. 2845: H. Con. Res. 93, to provide for bills were forwarded, as amended. a correction to the enrollment of the bill H.R. 2845. CONFRONTING DAMASCUS: U.S. POLICY Pages H8942–48 TOWARD THE EVOLVING SITUATION IN Suspensions—Proceedings Postponed: The House SYRIA debated the following measures under suspension of Committee on Foreign Affairs: Subcommittee on the the rules. Further proceedings were postponed: Middle East and South Asia held a hearing entitled Providing for the conveyance of certain property ‘‘Confronting Damascus: U.S. Policy Toward the from the United States to the Maniilaq Association Evolving Situation in Syria.’’ Testimony was heard located in Kotzebue, Alaska: H.R. 443, amended, to from Frederic C. Hof, Special Coordinator for Re- provide for the conveyance of certain property from gional Affairs, Office of the U.S. Special Envoy for the United States to the Maniilaq Association lo- Middle East Peace, Department of State. cated in Kotzebue, Alaska; Pages H8948–49 JUDICIAL RELIANCE ON FOREIGN LAW Rattlesnake Mountain Public Access Act of Committee on the Judiciary: Subcommittee on the Con- 2011: H.R. 2719, to ensure public access to the stitution held a hearing entitled ‘‘Judicial Reliance summit of Rattlesnake Mountain in the Hanford on Foreign Law.’’ Testimony was heard from public Reach National Monument for educational, rec- witnesses. reational, historical, scientific, cultural, and other purposes; and Pages H8949–50 NUCLEAR REGULATORY COMMISSION Sugar Loaf Fire Protection District Land Ex- Committee on Oversight and Government Reform: Full change Act of 2011: S. 278, amended, to provide for Committee held a hearing entitled ‘‘The Leadership the exchange of certain land located in the Arapaho- of the Nuclear Regulatory Commission.’’ Testimony Roosevelt National Forests in the State of Colorado. was heard from the following officials of the Na- Pages H8950–52 tional Regulatory Commission, Gregory B. Jaczko, Chairman; George E. Apostolakis, Commissioner; C. Recess: The House recessed at 9:35 p.m. and recon- Ostendorff, Commissioner; Kristine L. Svinicki, vened at 11:39 p.m. Page H8965 Commissioner; William D. Magwood IV, Commis- Senate Message: Message received from the Senate sioner; and the following officials from the Nuclear today appears on page H8910 . Regulatory Commission: Bill Borchardt, Executive

VerDate Mar 15 2010 07:20 Jan 22, 2013 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\DECEMBER\D14DE1.REC D14DE1 bjneal on DSK2TWX8P1PROD with D1364 CONGRESSIONAL RECORD — DAILY DIGEST December 14, 2011 Director for Operations; and Stephen Burns, General NEW PUBLIC LAWS Counsel. (For last listing of Public Laws, see DAILY DIGEST, p. D1339) H.R. 2192, to exempt for an additional 4-year pe- HHS AND THE CATHOLIC CHURCH riod, from the application of the means-test pre- Committee on Oversight and Government Reform: Full sumption of abuse under chapter 7, qualifying mem- Committee held a hearing entitled ‘‘HHS and the bers of reserve components of the Armed Forces and Catholic Church: Examining the Politicization of members of the National Guard who, after Sep- Grants (minority day of hearing).’’ Testimony was tember 11, 2001, are called to active duty or to per- heard from Susie Baldwin, M.D., Chief, Health As- form a homeland defense activity for not less than sessment Unit, Office of Health Assessment and Epi- 90 days. Signed on December 13, 2011. (Public Law demiology, Los Angeles County Department of Pub- 112–64) lic Health; and public witnesses. S. 1541, to revise the Federal charter for the Blue Star Mothers of America, Inc. to reflect a change in WATER QUALITY eligibility requirements for membership. Signed on Committee on Transportation and Infrastructure: Sub- December 13, 2011. (Public Law 112–65) committee on Water Resources and Environment S. 1639, to amend title 36, United States Code, held a hearing entitled ‘‘Integrated Planning and to authorize the American Legion under its Federal Permitting: An Opportunity for EPA to Provide charter to provide guidance and leadership to the in- Communities With Flexibility To Make Smart In- dividual departments and posts of the American Le- vestments in Water Quality.’’ Testimony was heard gion. Signed on December 13, 2011. (Public Law 112–66) from Jim Suttle, Mayor, Omaha, Nebraska; Joe Reardon, Mayor, Kansas City, Kansas; Todd Portune, f Commissioner, Hamilton County Board of Commis- COMMITTEE MEETINGS FOR THURSDAY, sioners; Walt Baker, Director, Division of Water DECEMBER 15, 2011 Quality, Utah Department of Environmental Qual- ity; Carter H. Strickland, Jr., Commissioner, New (Committee meetings are open unless otherwise indicated) York City Environmental Protection; Nancy Stoner, Senate Acting Assistant Administrator for Water, Environ- Committee on Agriculture, Nutrition, and Forestry: To hold mental Protection Agency; Cynthia Giles, Assistant hearings to examine the nominations of Michael T. Scuse, Administrator for the Office of Enforcement and of Delaware, to be Under Secretary of Agriculture for Compliance Assurance, Environmental Protection Farm and Foreign Agricultural Services, and to be a Agency; and public witnesses. Member of the Board of Directors of the Commodity Credit Corporation, and Chester John Culver, of Iowa, VA’S COMPENSATED WORK THERAPY and Bruce J. Sherrick, of Illinois, both to be a Member PROGRAM of the Board of Directors of the Federal Agricultural Mortgage Corporation, Farm Credit Administration, Committee on Veterans’ Affairs: Subcommittee on Over- 10:30 a.m., SR–328A. sight and Investigations held a hearing entitled ‘‘Is Committee on Commerce, Science, and Transportation: Sub- It Working: Reviewing VA’s Compensated Work committee on Oceans, Atmosphere, Fisheries, and Coast Therapy Program.’’ Testimony was heard from An- Guard, to hold hearings to examine environmental risks thony Campinell, Director, Therapeutic and Sup- of genetically engineered fish, 10:30 a.m., SR–253. ported Employment Programs, Veterans Health Ad- Committee on Energy and Natural Resources: Business meeting to consider S. 1108, to provide local commu- ministration, Department of Veterans Affairs. nities with tools to make solar permitting more efficient, S. 1142, to promote the mapping and development of the TRANS-PACIFIC PARTNERSHIP United States geothermal resources by establishing a di- Committee on Ways and Means: Subcommittee on rect loan program for high risk geothermal exploration Trade held a hearing on the Trans-Pacific Partner- wells, to amend the Energy Independence and Security ship. Testimony was heard from Demetrios Marantis, Act of 2007 to improve geothermal energy technology and demonstrate the use of geothermal energy in large Ambassador, Deputy U.S. Trade Representative, Of- scale thermal applications, S. 1149, to expand geothermal fice of the United States Trade Representative; and production, S. 1160, to improve the administration of the public witnesses. Department of Energy, and the nomination of Arunava Majumdar, of California, to be Under Secretary of Energy, 9:30 a.m., SD–366. Joint Meetings Committee on Environment and Public Works: With the No joint committee meetings were held. Subcommittee on Clean Air and Nuclear Safety, to hold

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joint hearings to examine the Nuclear Regulatory Com- Committee on Foreign Affairs, Subcommittee on the mission’s (NRC) near-term task force recommendations Western Hemisphere, markup of the following: H.R. for enhancing reactor safety in the 21st century, 10 a.m., 3401, to apply counterinsurgency tactics under a coordi- SD–406. nated and targeted strategy to combat the terrorist insur- Committee on Foreign Relations: Subcommittee on West- gency in Mexico waged by transnational criminal organi- ern Hemisphere, Peace Corps and Global Narcotics Af- zations, and for other purposes; and H.R. 2542, to with- fairs, to hold hearings to examine the United States-Car- hold twenty percent of United States assessed and vol- ibbean shared security partnership, focusing on respond- untary contributions to the Organization of American ing to the growth of trafficking narcotics in the Carib- States (OAS) for every permanent council meeting that bean, 11 a.m., SD–419. takes place where Article 20 of the Inter-American Char- Subcommittee on African Affairs, to hold hearings to ter is not invoked with regard to Venezuela’s recent con- examine improving governance in the Democratic Repub- stitutional reforms, and for other purposes. 11 a.m., 2172 lic of Congo, 2:15 p.m., SD–419. Rayburn. Committee on Health, Education, Labor, and Pensions: To Committee on the Judiciary, Full Committee, markup of hold hearings to examine prescription drug shortages, fo- H.R. 3261, the ‘‘Stop Online Piracy Act.’’ 10 a.m., 2141 cusing on examining a public health concern and poten- Rayburn. tial solutions, 10 a.m., SD–106. Committee on Natural Resources, Subcommittee on Fish- Committee on the Judiciary: Business meeting to consider eries, Wildlife, Oceans and Insular Affairs, hearing on the S. 1821, to prevent the termination of the temporary of- following: the Harris Neck National Wildlife Refuge and fice of bankruptcy judges in certain judicial districts, S. How the Federal Government Obtained Title to This 1236, to reduce the trafficking of drugs and to prevent Land and Promises Made to the Original Landowners; human smuggling across the Southwest Border by deter- H.R. 1171, the ‘‘Marine Debris Act Reauthorization ring the construction and use of border tunnels, and the Amendments of 2011’’; and S. 363, to authorize the Sec- nomination of Brian C. Wimes, to be United States Dis- retary of Commerce to convey property of the National trict Judge for the Eastern and Western Districts of Mis- Oceanic and Atmospheric Administration to the City of souri, 10 a.m., SD–226. Pascagoula, Mississippi, and for other purposes. 10 a.m., 1324 Longworth. House Committee on Oversight and Government Reform, Sub- Committee on the Budget, Full Committee, markup of committee on TARP, Financial Services and Bailouts of H.R. 3521, the ‘‘Expedited Line-Item Veto and Rescis- Public and Private Programs, hearing entitled ‘‘What the sions Act of 2011.’’ 10 a.m., 210 Cannon. Euro Crisis Means for Taxpayers and the U.S. Economy, Committee on Financial Services, Subcommittee on Capital Pt. I.’’ 10 a.m., 2154 Rayburn. Markets and Government Sponsored Enterprises, hearing Committee on Small Business, Subcommittee on Investiga- on H.R. 3606, the ‘‘Reopening American Capital Markets tions, Oversight and Regulations, hearing entitled ‘‘New to Emerging Growth Companies Act of 2011.’’ 9:30 Medical Loss Ratios: Increasing Health Care Value or Just a.m., HVC–210 Capitol. Eliminating Jobs?’’ 10 a.m., 2360 Rayburn. Subcommittee on Insurance, Housing and Community Committee on Transportation and Infrastructure, Full Com- Opportunity, hearing entitled ‘‘The Homeless Children mittee, hearing entitled ‘‘California’s High-Speed Rail and Youth Act of 2011: Proposals to Promote Economic Plan: Skyrocketing Costs & Project Concerns.’’ 10 a.m., Independence for Homeless Children and Youth.’’ 10 2167 Rayburn. a.m., 2237 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Eco- Subcommittee on Oversight and Investigations, hearing nomic Opportunity, hearing entitled ‘‘Reviewing the Im- entitled ‘‘The Collapse of MF Global.’’ 1 p.m., HVC–210 plementation of the VOW to Hire Heroes Act of 2011.’’ Capitol. 10 a.m., 334 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, December 15 10 a.m., Thursday, December 15

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 3659— morning business (not to extend beyond one hour), Senate Welfare Integrity and Data Improvement Act. will begin consideration of the nomination of Morgan Christen, of Alaska, to be United States Circuit Judge for the Ninth Circuit.

Extensions of Remarks, as inserted in this issue

HOUSE Dreier, David, Calif., E2260 Moran, James P., Va., E2253, E2256 Fortenberry, Jeff, Nebr., E2250 Pence, Mike, Ind., E2249 Alexander, Rodney, La., E2249 Foxx, Virginia, N.C., E2252 Poe, Ted, Tex., E2252 Bass, Charles F., N.H., E2262 Frank, Barney, Mass., E2252 Richardson, Laura, Calif., E2255 Blumenauer, Earl, Ore., E2254, E2262 Green, Gene, Tex., E2258, E2260 Rush, Bobby L., Ill., E2250 Brady, Kevin, Tex., E2258 Issa, Darrell E., Calif., E2266 Shuster, Bill, Pa., E2259 Carter, John R., Tex., E2260 Kingston, Jack, Ga., E2261 Smith, Christopher H., N.J., E2249, E2263 Coffman, Mike, Colo., E2256 McCollum, Betty, Minn., E2252 Van Hollen, Chris, Md., E2256 Connolly, Gerald E., Va., E2251, E2253, E2255, E2256, McKinley, David B., W.Va., E2259 Waxman, Henry A., Calif., E2255 E2257, E2259, E2260, E2261 McMorris Rodgers, Cathy, Wash., E2258 Wolf, Frank R., Va., E2254 Crowley, Joseph, N.Y., E2266 Markey, Edward J., Mass., E2258, E2262 Young, C.W. Bill, Fla., E2262 Diaz-Balart, Mario, Fla., E2257 Meeks, Gregory W., N.Y., E2254 Young, Todd C., Ind., E2257

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