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

Vol. 158 WASHINGTON, WEDNESDAY, AUGUST 1, 2012 No. 116 House of Representatives The House met at 10 a.m. and was I have served with great men and women in REPORT IN THE MATTER OF AL- called to order by the Speaker pro tem- the Congress in both parties, and leave LEGATIONS RELATING TO REP- pore (Mr. WEBSTER). knowing that the House is filled with people RESENTATIVE LAURA RICHARD- who love this country and are working to SON f make our future better. I am grateful to DESIGNATION OF SPEAKER PRO have been blessed by being a part of this Mr. BONNER, from the Committee TEMPORE great institution. on Ethics, submitted a privileged re- Sincerely, port (Rept. No. 112–642) in the matter of The SPEAKER pro tempore laid be- GEOFF DAVIS, allegations relating to Representative fore the House the following commu- Member of Congress. LAURA RICHARDSON which was referred nication from the Speaker: to the House Calendar and ordered to WASHINGTON, DC, HOUSE OF REPRESENTATIVES, be printed. August 1, 2012. Washington, DC, July 31, 2012. I hereby appoint the Honorable DANIEL Hon. STEVE BESHEAR, f WEBSTER to act as Speaker pro tempore on Governor, Commonwealth of Kentucky, Frank- this day. fort, Kentucky. MORNING-HOUR DEBATE JOHN A. BOEHNER, DEAR GOVERNOR BESHEAR: I hereby resign The SPEAKER pro tempore. Pursu- Speaker of the House of Representatives. from the office of United States Representa- ant to the order of the House of Janu- f tive for the Fourth District of Kentucky, ef- ary 17, 2012, the Chair will now recog- RESIGNATION FROM THE HOUSE fective at close of business on July 31, 2012. nize Members from lists submitted by OF REPRESENTATIVES When I was a Cadet at West Point, I inter- the majority and minority leaders for nalized the words of the U.S. Military Acad- morning-hour debate. The SPEAKER pro tempore laid be- emy’s motto, ‘‘Duty, Honor, Country.’’ Next, The Chair will alternate recognition fore the House the following resigna- I learned that success was based on honoring between the parties, with each party tion from the House of Representa- God, Family, and Work, in that order. In De- limited to 1 hour and each Member tives: cember 2011, I decided that in order to honor those values, I needed to retire from Con- other than the majority and minority HOUSE OF REPRESENTATIVES, leaders and the minority whip limited Washington, DC, July 31, 2012. gressional service so I could more effectively to 5 minutes each, but in no event shall Hon. JOHN BOEHNER, serve my family as a husband and father. Speaker, House of Representatives, The Capitol, Those priorities continue to guide my deci- debate continue beyond 11:50 a.m. Washington, DC. sions. Recently, a family health issue has de- f DEAR SPEAKER BOEHNER: I hereby resign veloped that will demand significantly more from the office of United States Representa- of my time to assist. As a result, I cannot RECOGNIZING STEVE LATOURETTE tive for the Fourth District of Kentucky, ef- continue to effectively fulfill my obligations The SPEAKER pro tempore. The fective at close of business on July 31, 2012. to both my office and my family. Family Chair recognizes the gentleman from Enclosed is the letter I have submitted to must and will come first. Governor Steve Beshear. Oregon (Mr. BLUMENAUER) for 5 min- I thank the people of Kentucky’s Fourth I thank the people of Kentucky’s Fourth utes. District for the honor of serving as their District for the honor of serving as their Congressman over the last eight years. Mr. BLUMENAUER. Mr. Speaker, Congressman over the last eight years. Sincerely, the House of Representatives is a When I was a Cadet at West Point, I inter- GEOFF DAVIS, unique and special place. There are nalized the words of the U.S. Military Acad- Member of Congress. many political offices in America emy’s motto, ‘‘Duty, Honor, Country.’’ Next, I learned that success was based on honoring where one can get into office via acci- God, Family, and Work, in that order. In De- f dent or appointment, but every man cember 2011, I decided that in order to honor and woman on this floor had to be those values, I needed to retire from Con- ANNOUNCEMENT BY THE SPEAKER elected by friends and neighbors to deal gressional service so I could more effectively PRO TEMPORE with the fiscal and economic health of serve my family as a husband and father. the Nation, for giving voice to people’s Those priorities continue to guide my deci- The SPEAKER pro tempore. Under fears, aspirations, and dreams. I count sions. Recently, a family health issue has de- clause 5(d) of rule XX, the Chair an- every day of service in Congress as a veloped that will demand significantly more of my time to assist. As a result, I cannot nounces to the House that, in light of gift. Our friend and colleague STEVE continue to effectively fulfill my obligations the resignation of the gentleman from LATOURETTE’s announcement that he to both my office and my family. Family Kentucky (Mr. DAVIS), the whole num- would not seek reelection should give must and will come first. ber of the House is 431. pause to every one of us.

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 01:15 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.000 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5528 CONGRESSIONAL RECORD — HOUSE August 1, 2012 You often hear a person say they more time with family and friends, and Today, I want to congratulate the don’t always agree with somebody but I think he’ll live longer. But make no DREAM Act-eligible youth who have they respect them. With STEVE LATOU- mistake, everybody should pay atten- fought so hard for this right, the 1 mil- RETTE, that’s true. Despite being in dif- tion to his story, his career, and why lion of them that will be taking a step ferent political parties, I deeply re- he’s leaving. forward. And I want to remind DREAM spect and appreciate STEVE’s forthright After a lifetime of solid, productive Act-eligible youth that because of the opinions. public service, if this leads to people’s intelligent action by President Obama His focus on having the resources to reconsidering how we do business and on August 15, they will be able to apply rebuild and renew America is as re- how the American public assesses for work permits and protection from freshing as it is important. He’s willing whom they reward or punish, then our deportation. to call for increases in fees and taxes loss due to his retirement may be the On August 15, Mr. Speaker, they will for infrastructure at the same time he most important contribution in his dis- take a step out of the shadows and into pushes for responsible budget cutting tinguished career. the light. I encourage them to take and right-sizing government in a way f this step, and I want them to know that’s going to pinch almost everyone. OLYMPIAN RACHEL BOOTSMA that help and resources are available. His approach is courageous and con- MAKES MINNESOTA PROUD But first, a warning: any progress on sistent and, ultimately, we will follow immigration is soon followed by some that balanced path. The SPEAKER pro tempore. The unscrupulous attempts to make money He has a sense of justice and regular Chair recognizes the gentleman from off the backs of deserving immigrants. order, as when he took to the floor as Minnesota (Mr. PAULSEN) for 5 min- So I say to my friends today: Be care- a lonely voice arguing for due process utes. ful. on behalf of a disgraced former Mem- Mr. PAULSEN. Mr. Speaker, I rise to There is no reason that applying for ber. He does what he believes in. recognize Eden Prairie, Minnesota, na- relief through President Obama’s use of Another overused phrase in this body tive and U.S. Olympian, Rachel prosecutorial discretion should be ex- is ‘‘wake-up call.’’ But STEVE’s decision Bootsma. The 18-year-old swimmer pensive or cumbersome. If someone and announcement should be a wake-up competed on Sunday in the semifinals says the only way for a DREAMer to call, a wake-up call to the majority of the women’s 100-meter backstroke. apply is to write a big check, my ad- party to think about what this por- She has made her home community vice to the DREAMer is they should tends for their ability to govern and very proud with her incredible hard run in the other direction; they are what will happen when the political work and grace on such a grand stage. being lied to. But DREAMers should It is no small feat to have made it to winds shift just a little, which they run toward help because help is on the her very first Olympics, and in the surely will. It’s a wake-up call for the way. people on my side of the aisle that as coming weeks, Rachel will take an- In Chicago yesterday, the Illinois Co- we fight against what we think are other important step when she leaves alition for Immigration and Refugee shortsighted and destructive policies, Minnesota for her freshman year of col- Rights and I announced a workshop we need to do so in a way that is fair. lege and also at that opportunity be that will be held on August 15—the We all should look for opportunities to able to swim for Olympic Coach Teri very first day the 1 million young peo- make a little progress on second- and McKeever. ple can apply for work permits and third-tier issues that will help do some b 1010 come out of the shadows and get de- good while we build the capacity of So I have a feeling, Mr. Speaker, this ferred action from deportation. this institution in bipartisan problem is not the last that we will see of this The event will be held at Navy Pier solving. tenacious swimmer. I’d like to con- in Chicago. Mayor Emanuel, myself, Most of all, this should be a wake-up gratulate Rachel and all of the Amer- and Senator DURBIN—who has played call to the American public. Too many ican athletes for carrying our banner such a leadership role on the DREAM of us have allowed our political deci- in London. Act for years—will be there. We will sions to be outsourced as the political Go, Team USA. have all the resources anyone needs to process increasingly is taken over by f apply that day. It will be free. We will smaller and smaller groups of extreme answer questions and we will provide opinion in primaries of both parties. DREAM ACT BECOMING A REALITY the resources necessary to thousands of The Tea Party activists have gotten The SPEAKER pro tempore. The young people that we expect will at- headlines this weekend in the Texas Chair recognizes the gentleman from tend. Senate primary, but the dynamic is Illinois (Mr. GUTIERREZ) for 5 minutes. And we are not alone in Chicago. All known by both parties and potentially Mr. GUTIERREZ. Mr. Speaker, I be- across the country, plans are being distorts the choices of candidates and lieve there is no greater cause for cele- made by immigrant advocates and or- of issues in the fall. bration in America than when we ex- ganizations and elected officials for Some Members of Congress gain a lit- pand rights to more of our people. We how to help DREAM Act-eligible youth tle notoriety by virtue of vision or pol- are never truer to our American values to apply for their work permits and a icy. Usually we get it by being out- than when we look at a group of people stay of deportation. Tomorrow, I will rageous and stark. Perhaps we are and demand that they be treated with be joined by my colleagues to talk known at home and for groups that dignity and respect. We are never more about resources available coast to have interests that we work with, but patriotic than when we protect and ex- coast. the vast majority of us wouldn’t reg- pand the rights of honest, hardworking As one important step, I encourage ister above ‘‘margin of error’’ on the people, when we live up to our original people to visit this Web site: larger stage of American national poli- promise of liberty and equality and dreamrelief.org. That’s dreamrelief.org tics. give meaning to those American words: to find out more about who is eligible, STEVE, despite two decades of solid, ‘‘We hold these truths to be self-evi- how to apply, and where people can re- distinguished service, his wit, good dent, that all men are created equal.’’ ceive assistance, dreamrelief.org. humor, and effectiveness—is like a Right now, we have reasons to cele- On August 15, across America, thou- number of us who may be characterized brate because, shortly, the Department sands of honest, hardworking, law- as an ‘‘obscure Member of Congress.’’ of Homeland Security and the White abiding DREAM Act-eligible youth im- Yet I would argue STEVE LATOURETTE House are scheduled to announce migrants should be celebrating by lin- should be on the radar screen of every guidelines on the application process ing up and taking that historic step to- American. His is a powerful message of for DREAM Act-eligible immigrants to ward equality. It’s a day of long-over- an institution that needs serious read- defer deportation and get work permits due fairness for our young people, and justment. so they can take a vital step toward I don’t want one eligible young person STEVE, his family, especially the living freely and fully in the only na- to miss this opportunity. younger children, will do just fine. I tion that has ever truly been their I want our young DREAMers to dem- think he’ll have a better job, spend home. onstrate to America on August 15 what

VerDate Mar 15 2010 01:15 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.018 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5529 they’ve demonstrated to their commu- tions Committee, the gentleman from ures essential to combating prescrip- nities and their families and their Kentucky, Mr. HAL ROGERS, Congress- tion drug abuse, education and train- friends their entire lives: they’ve woman MARY BONO MACK, and Con- ing, monitoring, evaluation and en- worked hard and earned this right by gressmen STEVE LYNCH and BILL forcement, and it provides a good excelling in school, by helping their KEATING—whom you’ll hear from in a guideline to coordinate Federal, State, neighborhoods, and by serving our Na- moment—all tremendous leaders in our and local efforts to fight this epidemic. tion. fight to stop this epidemic. The bill establishes mandatory physi- I know who you are—you are the The CDC has confirmed what local cian and consumer education and au- next generation of leaders of our great leaders and professionals across the thorizes Federal funding to help our Nation. On August 15, show all of board have been struggling with daily: States create and maintain prescrip- America who you are. We need your ex- prescription drug abuse is a national tion drug monitoring programs that all ample because it’s vital to remember epidemic—a term the CDC does not use States can access. It would also set up that every time we’ve expanded civil lightly. a uniform system for tracking pain- rights in America—every time—some- It is no longer a silent epidemic. It killer-related deaths, helping States one tried to stand in the way. From can be seen at any hour of any day on and law enforcement professionals women’s suffrage, to voting rights for street corners and in school yards. manage and report data. African Americans, to Americans with Every day, there are new stories re- The West Virginia State Police, our disabilities, to marriage equality, porting overdoses, deaths, accidents, State’s attorney general, and even phy- someone will raise their voice against and tragedies of families torn apart by sicians have all consistently stressed expanding the rights enjoyed by some the vicious cycle of prescription drug the need for access to a prescription Americans to all Americans. There is abuse. And the cycle is certainly vi- drug monitoring system that is shared always someone who says these rights, cious. between State lines and updated in real these liberties, this equality, it’s for Unlike cocaine or heroin, prescrip- time. me, it’s not for you. tion drugs are legal and frequently pre- I know my colleagues have authored So I ask my DREAM Act-eligible scribed by caring physicians who are and supported similar bills, like H.R. friends—1 million strong—on August led by the principle oath of ‘‘first do no 2119, the Ryan Creedon Act, which also 15, show America who you are and re- harm.’’ Yet, alarming statistics show seeks to implement targeted physician mind America that freedom and equal- that children and adults are blind to education on prescription drug abuse ity is for all of us. the harmful consequences of these and addiction, and H.R. 1065, the Pill f drugs even as they become addicted, Mill Crackdown Act, which would help paying upwards of $150 per pill to buy further eradicate pill mills throughout HONORING DEPUTY WILLIAM them on the black market. our Nation. These bills address critical MAST, JR. Distressingly, my home State of issues that ought to be part of this The SPEAKER pro tempore. The West Virginia has our Nation’s highest Congress’ effort to craft legislation to Chair recognizes the gentlewoman from rate of drug-related deaths. In fact, be- assist our States and communities in North Carolina (Ms. FOXX) for 5 min- tween 2001 and 2008, more than 9 out of combating prescription drug abuse. utes. 10 of those deaths involved prescription The toll of destruction and devasta- Ms. FOXX. Mr. Speaker, my heart is drugs. Incredibly, drug overdoses now tion heaped upon America’s families heavy for the family and friends of kill more West Virginians each year and our economy by this epidemic de- Watauga County Sheriff’s Deputy Wil- than do car accidents. mands that U.S. Congress must act, liam Mast, Jr., who gave his life in the But the alarming use and deaths by and act swiftly. So I urge my col- line of duty on July 26. prescription drugs is not just in West leagues to move forward and bring leg- In his 23 short years, Deputy Mast Virginia. As other distinguished Mem- islation to the floor that will enable made an imprint on the communities bers will tell you, prescription drug our communities to fight back against he served and called home. He was a abuse hits everyone, whether you’re 9 prescription drug abuse. graduate of Watauga High School and a or 90, whether you’re rich or poor, liv- Let us act with dispatch and compas- member of Bibleway Baptist Church. ing in big cities or small towns, wheth- sion and with an acute understanding He cherished the North Carolina way of er you’re Democrat, Independent, Re- of the enormity of the challenge before life—hunting, fishing, off-roading, and publican, or whatever, anywhere in our us. The future of our families and chil- riding horses in our beautiful country. great United States. dren and the entire health and well- The thoughts and prayers of thou- We know there is no one single an- being of local communities and our Na- sands remain with his beloved wife, swer, no single action, and no silver tion depend on us. Paige, their unborn child, William, his bullet in the fight against prescription parents, Angela Wall and William drug abuse. I’ve met many times with f Mast, Sr., his extended family, and the law enforcement, community organiza- THE MEDICINE CABINET EPIDEMIC entire Watauga County Sheriff’s Office. tions, educators, physicians, and many May each be comforted and find other constituents, and I know that The SPEAKER pro tempore. The peace in the midst of this tragedy. And fighting back against prescription drug Chair recognizes the gentleman from may we be faithful to remember that abuse will take the work of an entire Kentucky (Mr. ROGERS) for 5 minutes. the safety we experience in our com- village. Mr. ROGERS of Kentucky. Mr. munities is maintained, in part, be- We must strengthen drug diversion, Speaker, I want to begin by thanking cause people like Deputy Mast volun- educate children and adults on preven- my colleague and friend from across teer to place themselves in harm’s way tion, work with the medical commu- the Big Sandy that divides Kentucky for our protection. For that caliber of nity on addiction and pain treatment, and West Virginia and my good friend service and sacrifice, we are grateful. and treat and rehabilitate those af- across the aisle, NICK RAHALL, for orga- f fected by vicious addiction before they nizing these Special Orders by the Con- succumb to the death spiral. gressional Caucus on Prescription Drug PRESCRIPTION DRUG ABUSE Abuse. Congress, the DEA, the medical The SPEAKER pro tempore. The b 1020 community, State partners, and par- Chair recognizes the gentleman from I and my distinguished colleagues ticularly the Federal Drug Administra- West Virginia (Mr. RAHALL) for 5 min- have put forth and supported legisla- tion must do more to fight the medi- utes. tion that aims to combat prescription cine cabinet epidemic. Mr. RAHALL. Mr. Speaker, I rise drug abuse. We know that something The Office of National Drug Control today to urge legislative action on a more must be done from a Federal Policy in the White House has identi- widespread public health crisis. level, and that’s why I’ve introduced fied prescription drugs as our Nation’s I want to thank, first of all, my col- H.R. 1925, the Prescription Drug Abuse fastest growing drug problem, easily leagues, especially my good neighbor Prevention and Treatment Act. This eclipsing cocaine and heroin abuse. As and chairman of the House Appropria- bill would implement multiple meas- has been said, the national Centers for

VerDate Mar 15 2010 01:15 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.005 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5530 CONGRESSIONAL RECORD — HOUSE August 1, 2012 Disease Control has said that prescrip- and health officials recently petitioned The VOTE Act is definitely needed. tion drug abuse is now a national epi- the FDA to strike the term ‘‘mod- We are 97 days away from a crucial demic. erate’’ from the indication for non- election and, according to a recent re- In 2010, 254 million prescriptions for cancer pain, add a maximum daily dose port, half the States have inadequate opioids were filled in this country. and a maximum duration of 90 days for post-audit election procedures for elec- That’s enough painkillers to medicate continuous daily use. tronic voting machines. It also found every American adult around the clock When we’re losing 16,000 people a that a quarter of States have post- for a month. year to these drugs, the FDA must audit election procedures that need im- Our military soldiers are coming take this petition seriously. provement. Further, the report found back from Iraq and Afghanistan Second, the FDA shortly will make a vital that in every national election in the hooked on these pain pills. In the last determination about whether to approve ge- past decade, computerized voting sys- 2 years, over 150 of our soldiers have neric versions of the original formulation of the tems have failed, machines did not died from overdoses. drug OxyContin. start or failed in the middle of voting, In my home State, Kentucky’s losing In 2007, the manufacturer of this drug, Pur- memory cards could not read, and roughly 82 people a month to prescrip- due Pharma, was found criminally liable for votes were mistallied. tion drug deaths, more than car crash- deliberately misbranding their product. I’m sure that you all who are com- es. Our medicine cabinets are more After paying an unprecedented $630 million puter literate out there have had a dangerous than our cars. penalty, Purdue voluntarily removed the origi- computer and you were working on it But these statistics, of course, are nal formulation of OxyContin from the mar- and suddenly it froze up. just numbers. So many Americans, in- ket—and reissued the drug with a formulation 1030 cluding members of our caucus who’ve which is much more difficult to abuse. b taken to the House floor today, have Since this new, more ‘‘gummy’’ drug has In order to unfreeze it, you had to been touched by this tragedy in some come on the market, abuse of OxyContin has reboot it, and in the process, you lost personal way. In some counties in my steadily declined—while the abuse of other all of your data that you were working district, half of the children are living painkillers, like Opana, is on the rise. on; or some of you may have had the in a home without their parents in Purdue’s patent on the original OxyContin misfortune of a computer hard drive large part because of prescription drug formulation expires in 2013, and at least three just freezing up on you and just crash- abuse. companies have filed applications with FDA to ing, and you had to take it somewhere I’ve met single moms struggling to produce generic versions. and try to retrieve your data off of get through drug court and employers If approved, this stands to be a disaster: that hard drive, and it cost a whole lot 1. As previously seen, original Oxy was in- who can’t string together a clean work- of money. You may have even manipu- credibly misused and wrought havoc. We force. We’ve lost mothers. We’ve lost lated your child’s computer to prevent could see a new wave of deaths if this drug grandfathers, police officers, children, access to a dangerous Web site; or is available in a cheaper, generic form. somebody may have installed, unbe- brothers and sisters, husbands and 2. This would also be a tremendous setback knownst to you, some software on your wives. to companies developing abuse-resistant pain This epidemic does not distinguish laptop computer that you carry around medications. If generic OxyContin is available between socioeconomic lines or gender so that one can keep track of your on the market for a low price, there is no fi- lines or geographic lines. It’s indis- whereabouts. nancial incentive for investment in the devel- criminate in its path of destruction, These are the kinds of things that we opment of abuse-resistant drugs. must be concerned about as far as our and it has to stop. FDA must realize the wide-reaching implica- electronic voting machines—their ac- FDA has to be part of saying ‘‘no’’ to tions of this pending decision, and I encourage curacy and the fact that they can be the abuse of legal drugs. FDA is the the Agency and Commissioner Hamburg not manipulated. primary entity for regulating prescrip- to put this potent drug back on the market There have been several e-voting in- tion drugs with its hands on the spigot. when there are so many alternatives already accuracies since 2006, including promi- For years, I’ve pleaded with the FDA available and under development. to take a harder look at how these Mr. Speaker, this epidemic is touching peo- nent controversies in South Carolina, painkillers are allowed to be pre- ple in every corner of our great nation—and Florida, and Pennsylvania. The VOTE scribed. for that reason, I invite all of my colleagues to Act provides peace of mind. It does so Congressman FRANK WOLF of Vir- join us in the fight by becoming a member of by requiring that the source code, or ginia and I have implored FDA to make the Congressional Caucus on Prescription the blueprint, of the e-voting system be these painkillers available only for se- Drug Abuse and working with us in pressing stored in the National Software Ref- vere pain. Prescription painkillers such FDA to make the right decisions. erence Library, which will allow audi- as OxyContin and Opana were origi- tors to compare that code with the ac- f nally intended to treat severe pain tual machine to determine if there has caused by cancer, but over the years, VERIFYING OFFICIAL TOTALS FOR been any improper activity. based in large part on marketing prac- ELECTIONS ACT This is an urgent problem, and the tices, many physicians, dentists, other The SPEAKER pro tempore. The VOTE Act is the solution. The right to health care providers began prescribing Chair recognizes the gentleman from vote is fundamental to our democratic opioid painkillers for moderate-to-se- Georgia (Mr. JOHNSON) for 5 minutes. process, and it is protected by the Con- vere pain. A toothache or a stubbed toe Mr. JOHNSON of Georgia. Mr. Speak- stitution of the United States. The has become an excuse for an Oxy pre- er, I will introduce today the Verifying right to vote is protected by more con- scription. Official Totals for Elections Act, also stitutional amendments—the First, Now, OxyContin’s a wonderful drug, known as the VOTE Act. 14th, 15th, 19th, 24th, and 26th—than is intended for terminally ill cancer pa- Electronic voting machines are vul- any other right we enjoy as Americans. tients, people in severe pain that need nerable to poor design and tampering, Thus, it is vital to ensure the integrity a time-released capsule over 12 hours. and there is currently no way to verify of that vote. We must do everything in It helped the patient and helped the the accuracy of an electronic vote our power to ensure that every Amer- caregiver. But it’s also a very addictive count. The VOTE Act will ensure the ican who casts a vote in the upcoming drug and very difficult to kick once ad- integrity of our voting machines sys- election is counted. dicted. So this is really a dangerous tem by requiring any software used in I thank Common Cause, Florida Vot- drug when not used in the prescribed an electronic voting system for any ing, VerifiedVoting.org, and the North way. Federal election to be deposited in the Carolina Coalition for Verified Voting This FDA-approved indication for National Software Reference Library. for endorsing this bill. moderate-to-severe pain can create the Depositing the software in the Na- I urge all of my colleagues to support false assumption that opioids are a safe tional Software Reference Library will the VOTE Act, and I invite Members and effective treatment for chronic, allow the software to be available for from both sides of the aisle, Democrats noncancer pain. On the contrary, more review in the event of an election con- and Republicans, to cosponsor this bill. than 30 leading clinicians, researchers, test or recount. Protecting the vote and the integrity

VerDate Mar 15 2010 01:15 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.007 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5531 of the voting process is not a partisan ter deal. They offer lower, fixed inter- Prescription drug abuse is defined issue, but an issue that is important to est rates, consumer protections and now as an epidemic in this country, all citizens and vital to the strength of manageable repayment options. Pri- and the cost of this epidemic is more America. vate student loans, on the other hand, than $70 billion a year. This is by no f typically have uncapped, variable means just a criminal issue, and that’s rates, hefty fees and few consumer pro- where the stigma sometimes makes JOE HARTLE tections. From 2001 to 2008, the private this issue more difficult. It is, indeed, a The SPEAKER pro tempore. The student loan market exploded, increas- public health issue, and for this reason Chair recognizes the gentleman from ing from $5 billion to $20 billion. Lend- Congress needs to step in. Pennsylvania (Mr. THOMPSON) for 5 ers loosened underwriting standards Painkillers account for the country’s minutes. and often cut school financial aid of- fastest growing area of drug abuse, Mr. THOMPSON of Pennsylvania. fices out of the process. which is ahead of cocaine, heroin, and Mr. Speaker, today I rise to recognize While students may need private methamphetamine. Throughout my 12- and remember Joe Hartle—a friend and loans, they should know the differences year career as a Norfolk County dis- a lifelong farmer of Centre County, between private lenders and Federal trict attorney in Massachusetts, the Pennsylvania, which is located in the loans and be fully informed of the dif- susceptibility of new users, particu- Commonwealth’s Fifth Congressional ferences in cost and obligation. Unfor- larly of teenagers, to these drugs has District. tunately, right now, a majority of stu- been a recurring theme. As district at- Joe Hartle was a distinguished leader dent loan borrowers who are turning to torney, I have seen in concrete terms in both the agricultural and fair indus- more expensive student loan programs that this scourge goes across every so- tries, and was a staple in the Centre of private options do so without fully cial and economic boundary that ex- County community. Sadly, he passed exhausting all of the Federal student ists. away in March of 2012. loan options available to them. This I have seen law enforcement officials, First elected at the age of 17, Joe means that student borrowers unneces- while on duty and who were involved in served on the Centre County Grange sarily take on increased costs. automobile accidents, take these pain- Fair committee for more than 60 years. That’s why I’ve joined with my col- killers, become addicted and actually For the past 25 years, Joe Hartle faith- leagues, Representatives JARED POLIS go out with their guns and rob—armed fully served as president of the Grange and TIM BISHOP, to introduce the Know robbery—banks and other institutions Encampment and Fair. Joe was instru- Before You Owe Act in order to make in order to just try and feed their hab- mental in making the Centre County sure that students and their families its. I’ve seen real estate professionals Grange Fair a showcase for agriculture have access to vital information re- get involved and go to open houses just with events to satisfy all ages. garding their student loan programs. to search medicine cabinets in order to Through his leadership and hard work, The legislation requires schools to fulfill their habits. I have also seen the grange fair has become one of the counsel students on the financial aid young people begin addictions and leading fairs in the State. Held annu- options available to them, and it re- abuses of prescription drugs from their ally the week before Labor Day, the quires private lenders to adopt com- families’ medicine cabinets, finding Centre County Grange Fair has become monsense steps to protect student bor- that later on they cannot afford their the largest encampment east of the rowers. The Know Before You Owe Act habits, and move to a cheaper, purer Mississippi, and it highlights Penn- will empower students and their fami- form of heroin. sylvania’s number one industry—agri- lies to make informed decisions about culture. financing their educations. b 1040 In addition to his work, family was Access to higher education is a top always a very important part of Joe priority for middle class families. They I’ve seen the public health effects of Hartle’s life. He was married to his know that higher education is one of this as well. I’ve seen the HIV disease wife, Gladys, for 56 years. They had the keys to being able to succeed in a spread to people. I’ve seen 14-year-old five children—Linda, Jan, Tom, Deb, competitive 21st-century marketplace. girls with hepatitis C as a result of try- and Betsy—and 11 grandchildren. I They are willing to invest in their fu- ing to deal with this scourge that is an want to thank Joe for a life spent serv- tures by taking out student loans in epidemic around our country. ing others and a legacy for Centre order to afford college. We need to en- In Massachusetts alone, 1.7 people County that will live on for genera- sure that students have full and com- every day die of an opiate-derivative tions. plete information about the most af- overdose. In 2010, the National Insti- Rest with the Lord, my friend. fordable student loan options available tute of Drug Abuse showed that 2.7 per- f to them in order to fight back against cent of eighth-graders, 7.7 percent of 10th-graders, and 8 percent of 12th- KNOW BEFORE YOU OWE ACT those who might take unscrupulous ad- vantage of families facing tough finan- graders abused Vicodin. Over 2 percent The SPEAKER pro tempore. The cial decisions. of eighth-graders, almost 5 percent of Chair recognizes the gentlewoman from I urge my colleagues to join with me 10th-graders, and over 5 percent of Pennsylvania (Ms. SCHWARTZ) for 5 in supporting this important legisla- 12th-graders abused OxyContin for non- minutes. tion and to better ensure that millions medical purposes at least once in the Ms. SCHWARTZ. As August begins, of Americans can afford college with- year prior to that survey. This is why millions of young people across the out taking unnecessary long-term fi- I’ve introduced the Stop Tampering of country are preparing to head off to nancial hardship and risk. Prescription Pills Act, the STOPP Act college. Fall brings not only a return f of 2012, with Chairman ROGERS, Con- to course selection and roommates and gresswoman BONO MACK, and my other football games but also to high college PRESCRIPTION DRUG ABUSE colleagues. tuition bills. In my home State of The SPEAKER pro tempore. The Currently, tamper-resistant mecha- Pennsylvania, the average cost of tui- Chair recognizes the gentleman from nisms are in use for some drugs, but tion and fees tops $12,000 for a public 4- Massachusetts (Mr. KEATING) for 5 min- this bill is the first of its kind Federal year school and $32,000 a year for a pri- utes. legislation to put a clear pathway for vate university. These high costs force Mr. KEATING. I would like to thank others to come to market. The process 70 percent of Pennsylvania college stu- Congressman RAHALL for organizing outlined in the bill applies both to dents to take out student loans. this morning-hour on prescription drug brand name and generic drugs, both to One of the biggest decisions facing abuse. I would also like to thank Chair- time-release and to immediate-release students and college graduates is not man ROGERS for his work as well as pills. Initially, we will incentivize the just the amounts they borrow but who Congresswoman MARY BONO MACK, use of these tamper-resistant proc- their lenders will be and whether they Congressman STEVE LYNCH, and all esses. Then, in time, they’ll be re- will be private lenders or Federal Members with the Prescription Drug quired. This bill is not a silver bullet loans. Federal loans are simply a bet- Abuse Caucus. by any stretch of the imagination, but

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.009 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5532 CONGRESSIONAL RECORD — HOUSE August 1, 2012 it is a very important piece in pre- ning of a long and tragic battle with Caucus for their legislative efforts, and venting new users from abusing pain- addiction. As you heard from previous I look forward to continuing to work killers and safeguarding against over- speakers, from Massachusetts to West with them on this very important dose. Just as seatbelts and airbags in Virginia to Kentucky and to Cali- issue. cars cannot prevent all car accidents, fornia, many of my constituents also f tamper-resistant formulations will not struggle with prescription drug addic- THE VICTIMS OF COLUMBINE prevent all instances of drug abuse, but tion and its consequences. Those people it is a necessary tool in protecting vul- are homemakers, they are profes- The SPEAKER pro tempore. The nerable populations like the adoles- sionals, they are students and laborers. Chair recognizes the gentleman from cents I have spoken about. Addiction does not discriminate. Colorado (Mr. PERLMUTTER) for 5 min- With this bill, we’re also preparing Abuse of prescription medicine, espe- utes. for the potential onslaught of pure cially opioid pain relievers, is a major Mr. PERLMUTTER. Good morning, hydrocodone pills. These are currently problem nationally and in Massachu- Mr. Speaker, and to a fellow softball being developed, and without proper setts, where deaths, emergency room coach. physical and pharmaceutical barriers episodes, and admissions for treatment The columbine is the State flower of in place to prevent the tampering of related to non-heroin opioids has sky- Colorado. It’s a beautiful flower found these painkillers, this potential advent rocketed in recent years. In fact, 99 in our mountains with whites and blues of pure hydrocodone will dramatically percent of individuals entering treat- and yellows. It’s just a gorgeous State increase the already alarming rates of ment facilities who report heroin use flower for us to have. abuse and addiction. The bill would started with a prescription medication Thirteen years ago, on April 20, 1999, mandate the tamper resistance of these like OxyContin. at Columbine High School, we had a pills, as well as many others. OxyContin is a narcotic painkiller terrible tragedy. And I want all of us to These pills provide great relief for which has started too many people on remember the names of the kids that many Americans in terms of extreme this terrible journey to addiction. It is were killed at that shooting: Cassie pain, but we must do something about a drug that by design is inherently so Bernall, Steve Curnow, Corey another type of pain, a terminal pain, a powerfully addictive that it actually DePooter, Kelly Flemming, Matt pain that family members and loved changes the brain over long periods of Kechter, Daniel Mauser, Daniel ones feel when they have lost someone treatment, and it creates customers for Rohrbough, Rachel Scott, Isaiah to the disease that results in this type life. It creates addicts. OxyContin is a Shoels, John Tomlin, Lauren Town- of addiction. drug that has caused so much grief to send, Kyle Velasquez, and teacher, I encourage all my colleagues in the individuals, families, and communities, Dave Sanders. House to cosponsor H.R. 6160, and fur- has caused so much pain and suffering, b 1050 ther encourage the development of that earlier this year the nation of these tamper-resistant mechanisms. Canada removed it from the market. I Now Columbine, just like this flower, It’s not a silver bullet, but it’s an im- commend them for that. I, in fact, filed has recovered, sprouted. It’s a beautiful portant first step. a bill in May of 2005 to do exactly the school. It has strong academics, strong sports, and good citizens. We’re very f same thing in the United States, but because of the powerful lobbying ef- proud of the kids in that high school. PRESCRIPTION DRUG ABUSE IN forts of the drug companies, that legis- It’s near where I live. AMERICA lation was not successful. That’s a big We have suffered some scars from The SPEAKER pro tempore. The part of the problem. Columbine in Colorado, but we’ve also Chair recognizes the gentleman from In the United States, we continue to learned some lessons. We’ve learned Massachusetts (Mr. LYNCH) for 5 min- put corporate profit ahead of personal some lessons that were put to good use utes. loss. Reports of the abuse of OxyContin 10 days ago in Aurora, Colorado. Mr. LYNCH. Mr. Speaker, I want to surfaced soon after its introduction in Aurora, as many of you will remem- thank my friend and colleague, Mr. 1996, a year in which Purdue Pharma, ber from your mythology classes, is the KEATING, for his leadership on this the manufacturer of OxyContin, made goddess of the dawn. And there will be issue. $1 billion on the drug. In 2007, Purdue a new day. I rise this morning, along with sev- Pharma pled guilty to criminal charges We’re suffering in Colorado right eral of my colleagues, Mr. RAHALL and that they intentionally misled doctors, now. It’s a beautiful State. It is a won- Mr. KEATING, whom you just heard, and Federal regulators, and patients in re- derful place. We’ve had two very dif- also Chairman ROGERS, to talk about gard to the addictive nature of their ficult, tragic moments. And in these the very important issue of prescrip- gold-mine drug in order to boost their last 10 days, Mr. Speaker, I have had a tion drug abuse in America. profits. Despite its troubled history, chance to go to five funerals and visit Prescription drugs are responsible for OxyContin is still available. In 2011, it with some people in the hospital. the fastest growing area of drug abuse earned $2.8 billion in profits for the I want us to remember the names of in this country, ahead of cocaine, her- company. the people that were killed 10 days ago: oine, methamphetamines, and other In addressing the problem, we need to Jonathan Blunk, Alexander Jonathan drugs. In fact, according to the Centers consider the range of contributing fac- (AJ) Boik, Staff Sergeant Jesse for Disease Control in Atlanta, pre- tors. We need to look at the composi- Childress, Gordon Cowden, Jessica scription drugs cause most of the more tion of the drugs and the marketing of Ghawi, Petty Officer 3rd Class John than 26,000 fatal overdoses that we see these addictive drugs and the regu- Larimer, Matthew McQuinn, Micayla each year. Despite this alarming num- latory approval process. There are two Medek, Veronica Moser, Alex Sullivan, ber, there exists a lack of knowledge measures that I want to note here: one, Alex Teves, Rebecca Wingo. about this particular type of substance there has been a significant effort to Beautiful people, good people harmed abuse that prevents many people from reformulate this drug so that it is less in a very senseless moment in our his- identifying it as the problem that it is, susceptible to abuse. I commend the tory. and that in turn makes it more dif- drug-makers on that effort. The second But in the midst of this tragedy, ficult to achieve a real solution. issue is with BlueCross BlueShield, there were a lot of heroes. And from Prescription drug abuse is an epi- which has instituted a limiting factor. Columbine, we learned lessons to get in demic in this country plain and simple, It requires a robust reevaluation of any and move quickly to save lives. and it must be dealt with as such. patient who is being prescribed So beginning with the Aurora police While prescription drug medication can OxyContin over a period of time. I force and the firefighters from Aurora, help people suffering from a range of think that is one of the best decisions there were tremendous acts of courage chronic and temporary conditions, for by an insurance company in this coun- that saved lives, that saved people many others, exposure to pain medica- try in some time. from bleeding to death. We saw in our tion, whether prescribed or obtained I commend my colleagues on the medical teams a coordination of ef- through other means, can be the begin- Congressional Prescription Drug Abuse forts, the likes of which none of us

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.011 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5533 would ever want to go through again, RECOGNIZING THE LIFE AND LEG- Montgomery Improvement Association but tremendous efforts on the part of ACY OF PROFESSOR THELMA with Dr. Martin Luther King, Jr., at its the medical teams to save lives. MCWILLIAMS GLASS helm. Professor Glass continued to Yesterday I had a chance to meet The SPEAKER pro tempore. The play an integral role by copying thou- with some of the people still in the hos- Chair recognizes the gentlewoman from sands of flyers and recruiting her stu- pital, which gave me so much hope and Alabama (Ms. SEWELL) for 5 minutes. dents to help spread the word of the inspiration. I want to start with the Ms. SEWELL. I rise today to recog- bus boycott. She risked her life driving family where the husband and the nize and pay tribute to a distinguished in carpools and organizing transpor- wife—she’s 9 months pregnant—decided Alabama educator and civil rights pio- tation for those participating in the that they want to go to a movie before neer, Professor Thelma McWilliams boycott. they have their first born. They want Glass. She was known for her exem- The success of the Montgomery boy- to get that one last date out. plary efforts in the field of higher edu- cott pushed the civil rights movement He’s shot. She suffers shots from the cation and her tireless commitment to into full force, as African Americans shotgun pellets. He’s down on the first the struggle for racial equality. across the South fought against racial floor having surgery on his brain. She Professor Thelma Glass was the last inequality and ultimately led to the is up on the third floor of the hospital surviving member of the Women’s Po- signing of the Voting Rights Act in 1965 having a baby—baby Hugo, who is like litical Council, the organization that by President Lyndon B. Johnson. the biggest kid I have ever seen at that was instrumental in the planning and It was women like Professor Glass age. His hands, he’s definitely going to organization of the Montgomery Bus who refused to sit on the sidelines and be a baseball player. And the Rockies Boycott in the 1950s. be a footnote in history that made it came by to visit him and gave this She recently passed away in Mont- possible for all of us to enjoy the rights baby two baseballs. gomery, Alabama, on Wednesday, July that we do today. I know I would not 25, at the age of 96. be standing here today as the first Af- But she was so positive and so opti- Professor Thelma Glass was born in rican American Congresswoman from mistic about her son’s future and about Mobile, Alabama, on May 16, 1916, and Alabama if not for activists like Pro- the future of her husband, who has had at an early age was instilled with a fessor Thelma Glass. great medical care and will have long- love of learning that led to her lifelong The remarkable career of Professor lasting injuries, but he will do well. pursuit of academic excellence. She Thelma Glass as an educator and civil And this wife was so positive, a young graduated valedictorian of Dunbar rights activist has been recognized by woman who is really optimistic about High School in Mobile, Alabama, at the numerous awards. In 2011, Professor life. age of 15 and earned a bachelor’s degree Glass received the Black and Gold Another young man who was shot in from Alabama State University and a Standard Award, one of the highest the side, he was in a coma. He has since master’s degree from Columbia Univer- come out of it, and he is now planning sity, both in geography. honors awarded to an alumnus by Ala- to start his first year of college at In 1942, Thelma McWilliams married bama State University. Professor Glass Western State in Gunnison, Colorado. the love of her life, Arthur Glass. They was an active member of Alpha Kappa And finally, one guy who had been in were both professors at Alabama State Alpha sorority, the Montgomery chap- a difficult state, the President of the University for over 40 years. Their love ter of the Links Incorporated, and St. United States came and visited him. He for each other was as strong as their John A.M.E. Church. woke up at that moment—whether it dedication and commitment to the stu- Thelma Glass was, indeed, an inspira- was because of that visit or not, who dents they taught at Alabama State tion to all. I know on a personal note, knows, but he has a huge smile. The University. After 41 years of marriage, Professor Glass served as a role model Rockies came to visit him, and he said, her husband, Professor Arthur Glass, and mentor to my mother Nancy Gard- ‘‘I’m sorry, but I’m a Yankees fan.’’ passed away in 1983. ner Sewell, whom she encouraged as a And then, to my chagrin, he also is a Professor Thelma Glass was an ac- student at Alabama State University fan of the San Diego Chargers and the complished educator who taught geog- to pledge Alpha Kappa Alpha sorority. Oakland Raiders, when he should be a raphy at Alabama State University for She was the epitome of a woman of Broncos fan. But he is recovering well, 40 years. She led by example, dis- grace and style who lifted as she too. playing the same exceptionalism, te- climbed. These people are recovering. Our nacity, and commitment to public I stand on the shoulders of these community will recover. We live in a service that she demanded of her stu- trailblazing activists such as Professor great State. dents. After four decades of dedication Glass, this remarkable woman who And I want to just finish with these to Alabama State University and her paved the way for the advancement of words, if I could, Mr. Speaker. Ordi- community activism, in 1981, the Thel- African Americans. narily I speak off the cuff, but one of ma M. Glass auditorium in Trenholm Our Nation is eternally grateful to the staff members in my office, who is Hall was dedicated on the campus of Professor Thelma Glass’ commitment a Coloradan, wanted me to say this, Alabama State University in her to racial equality and social justice and I believe it. honor. that is a great example to all of us. She Even after these tragedies, we must Professor Glass was at the forefront left an indelible mark on the State of remind ourselves and the world what it of the civil rights movement, showing Alabama and on this Nation, and today great courage as she stood up to social is to be a Coloradan. I proudly stand to acknowledge her leg- injustices of segregated Montgomery, We are the cities and the open spaces. acy and hope that we all remember it Alabama, in the 1950s. She was a core We are the mountains and the prairie. for generations to come. member and secretary of the Women’s We are the mountains and the trees. f Political Council that formed at Ala- We are the snow and the sunshine. bama State University to campaign b 1100 We are loving families and longtime against the abuses and the indignities friends. We are the welcoming neighbor REPUBLICAN INTRANSIGENCE AND of segregation. OBSTRUCTION and the kind stranger. The activism of the Women’s Polit- We are Coloradans. We live in para- ical Council laid the groundwork for The SPEAKER pro tempore. The dise and surround ourselves with lov- the successful Montgomery Bus Boy- Chair recognizes the gentleman from ing, wonderful people who enrich our cott. When Rosa Parks set the protest Maryland (Mr. HOYER) for 5 minutes. lives. This is what defines our State. into motion with her arrest in 1955 Mr. HOYER. Mr. Speaker, this week’s We will always remember the vic- after refusing to give up her seat on middle class tax cut debate is unfortu- tims, we will always honor the heroes, the bus, women like Professor Thelma nately an unnecessary sequel to De- and we will grow stronger. Glass were ready and willing to fight cember’s fight over extending payroll I am proud of my State. I’m sorry for against such racial injustice. tax cuts. Republicans campaigned on a what happened. But we will grow from The Women’s Political Council was pledge to seek bipartisan solutions to this. soon absorbed into the newly formed our pressing challenges, but when faced

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.013 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5534 CONGRESSIONAL RECORD — HOUSE August 1, 2012 with a bipartisan agreement in Decem- Or, if they’re a couple, $250,000. But in I would say for just a minute, if I might, to ber of last year, they chose to walk each case, Mr. Speaker, Republicans my friends who were asking for a ‘no’ vote, away. Unfortunately, they appear moved not towards the center but to the ‘perfectionist caucus.’ ready to do so again. When it comes to the right to placate the extreme wing He concluded his remarks in urging extending tax cuts to the middle class, within their party. them to vote for a compromise agree- Democrats and Republicans agree; both Yesterday, Mr. Speaker, Representa- ment: believe we ought to do so. So we have tive RICHARD HANNA of New York, a Re- So the question is: Can we craft a bill agreement. That agreement has been publican, said this about his party in which is a win for the American people be- reflected in a Senate-passed bill, Mr. Congress: cause it is a win for the President and a win for the Congress? Because if we cannot find Speaker, as you know. I have to say that I am frustrated by how a way to have all three winning, we do not So with millions faced with the un- much we—I mean the Republican Party—are have a bill worthy of being passed. certainty of whether their taxes will go willing to give deferential treatment to our up next year, why haven’t we acted? extremes in this moment of history. The President has indicated he will This should be an easy vote for an The gentleman from New York went not sign the Republican bill, and the overwhelming majority of Members to on to say: Senate won’t pass the Republican bill. say, Let’s extend these tax cuts we We render ourselves incapable of governing But again, my friends, Mr. Speaker, as agree on, and then debate what we when all we do is take severe sides. If all peo- you know, we have agreement on 98 don’t agree on. It should be easy. But ple do is go down there and join a team, and percent, and we are hung up because we the Republicans, Mr. Speaker, are con- the team is invested in winning and you have don’t have agreement on the other 2 tinuing to do what they do so often, something similar to the shirts and the percent. have done best this Congress—obstruct, skins, there’s not a lot of value there. Speaker Gingrich went on: delay, and walk away. Congressman HANNA in this instance Now, my fine friends who are perfection- In December, by holding hostage an is right. Republicans have been unable ists, each in their own world where they are extension of the payroll tax cuts for 98 to govern. Again and again, this Re- petty dictators, could write a perfect bill. percent of our taxpayers, Republicans publican House has received com- And he concluded: walked away from the middle class. promise bills from the Senate but has In a free society, we have to have give and They walked away from their responsi- been incapable of agreeing to legisla- take. We have to be able to work. bility to seek compromise on job cre- tion or passing a version that could be- Mr. Speaker, Americans must lament ation and economic recovery. They come law. the fact that they see their Represent- walked away from negotiations over That was true on transportation. It’s atives agreeing on 98 percent of a prop- deficit reduction, setting up the dan- true on the farm bill, and it’s true on osition and will not pass it. They will gerous sequester that now looms at the Violence Against Women. And it’s true not pass it because the perfectionist end of the year. The sequester exists on this tax bill. Examples include, as caucus has promised in many respects because Republicans pursued a policy I’ve said, Violence Against Women and to one individual American we will not of placing the Nation’s debt at risk. the farm bill, postal reform, the high- raise taxes ever. We won’t pay for what Today, sadly, they are walking away way bill, FAA reauthorization, and we buy, even if we think it’s impor- from the middle class and working many others. Instead of focusing on tant. families once more, demanding their winning politically, they ought to be Mr. Speaker, both parties have an op- way or nothing on tax cuts. No tax cuts concerned about governing effectively. portunity today to stand up and reflect for the middle class, they insist, with- They could learn much from our out- agreement and do something positive out an additional tax break for the standing Olympic athletes. In team for the American people, do something upper 2 percent of income earners. In sports like soccer and basketball, ath- positive for the American economy, do other words, we agree on 98 percent. We letes who normally compete against something positive to grow jobs in don’t agree on 2 percent. Rather than each other at home have come together America. Do something that will give doing that which we agree upon for 98 as one team, Team USA. They’ve won certainty and confidence to the over- percent of the American taxpayers, we gold; they’ve been successful. We could whelming majority of Americans, who will hold them hostage until we get be as well if we came together as Team will say that Congress can work. agreement on the 2 percent. Of course USA. if we agree on the 2 percent, it will add Those athletes may harbor rivalries b 1110 a trillion dollars over 10 years, if fol- most of the time. They may not be It can, as families understand they lowed for 10 years, to our deficit and used to working together. And they all must do every day, reach compromise, debt. know that when the cauldron is extin- come together, reason with one an- Republicans’ plan of tax cuts for the guished, they’ll once again wear dif- other and give and take, as Speaker wealthy hasn’t worked before, and it ferent colors. But right now in London, Gingrich said. won’t work now. Under President they’re all wearing red, white, and Let us hope, Mr. Speaker, that we re- Reagan and both Presidents Bush, defi- blue, and they’ve set their differences flect the best in us today, not the cits climbed. Democrats want to return aside to achieve victory together. We worst, not the confrontational inclina- to the successful policies we had under ought to follow their example. Repub- tion, but the inclination to come to- President Clinton, when we had the licans ought to follow their example. gether, to make America better and to most successful economy, 4 years of We have a chance today to be one make sure that the American people, balanced budgets, and 4 years in which team and make possible what we agree who are working hard every day, don’t we did not increase the national debt. ought to happen. Again, we agree on 98 see a tax increase on January 1 as a re- I say to my friends on the Republican percent of the proposal. Let’s agree on sult of a ‘‘perfectionist caucus’’ unwill- side of the aisle, Mr. Speaker, we’ve that, and agree to debate that on which ing to compromise, unwilling to pass had many opportunities to work to- we don’t agree. So I say to my Repub- an already-passed Senate bill that will gether this year to address our chal- lican friends, stop walking away from give 98 percent of Americans con- lenges, but each time our Republican the middle class and start working fidence that they will not receive any colleagues have walked away. In doing with us to get things done on their be- tax increase on January 1. so, they broke a central promise in half. What a good thing that would be for their pledge to America—that is, the Let me quote someone I don’t usually America, for the American people, and promise to let the majority work its quote, Newt Gingrich, when he was for the American economy. Let’s work will. Speaker of this House when we were together. America expects us to do We could have extended the payroll considering a compromise that he and that, and that’s what we ought to do. tax cuts without a fight. We could have President Clinton had agreed to, and so f found a big and balanced solution to many of his Republicans colleagues, deficits. And we could be voting today Mr. Speaker, as you may remember, RECESS on a tax cut extension for 100 percent opposed Newt Gingrich’s efforts. He The SPEAKER pro tempore. Pursu- of Americans who make up to $200,000. said: ant to clause 12(a) of rule I, the Chair

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.015 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5535 declares the House in recess until noon Dr. Catt has served as senior pastor DON’T FORGET THE LITTLE today. at Sherwood Baptist Church since 1989. PEOPLE Accordingly (at 11 o’clock and 11 The church has 3,000 members and has (Ms. HOCHUL asked and was given minutes a.m.), the House stood in re- averaged 100 baptisms each year. Thou- permission to address the House for 1 cess. sands have joined the church from Al- minute and to revise and extend her re- f bany and 29 surrounding communities. marks.) The church has evolved from a neigh- Ms. HOCHUL. Madam Speaker, b 1200 borhood church to a regional, multi- ‘‘Don’t forget the little people.’’ That’s AFTER RECESS ethnic congregation with members what a gentleman said as he grabbed from 11 nations. my hand and looked into my eyes at The recess having expired, the House Most notably, under Dr. Catt’s lead- the Sanborn Farm Museum French was called to order by the Speaker at ership, Sherwood Baptist developed an toast breakfast on Saturday morning. noon. out-of-the-box church outreach. Dr. ‘‘Don’t forget the little people.’’ f Catt’s goal is to change the world from Who are these little people? I’ll tell you right now, these are millions of PRAYER Albany, Georgia. While this may sound and seem like a radical or even ridicu- moms and dads sitting at their dinner Reverend Michael Catt, Sherwood lous statement from a pastor in south- table tonight trying to cover their wor- Baptist Church, Albany, Georgia, of- west Georgia, it has, in fact, become a ried expression from their kids as they fered the following prayer: reality through Sherwood Pictures. Dr. look over their family finances, won- Lord God, I give thanks to live in a Catt has served as executive producer dering whether Congress is going to free land, blessed by You. Since the of ‘‘Flywheel,’’ ‘‘Facing the Giants,’’ step up to the plate and give them the days of the Pilgrims who sought free- ‘‘Fireproof,’’ and ‘‘Courageous.’’ Each tax break they so desperately deserve. dom from religious and political tyr- of these major motion pictures serves Only in Washington will people tell anny, You have blessed this land. You to influence the world for Christ. you you need to address our growing have guided us through wars, recession, I am honored to call Dr. Catt a out-of-control deficit by spending a and prosperity. We owe our existence friend, and I look forward to how God trillion dollars on tax breaks for mil- to Your sovereign hand. continues to use Dr. Catt in the future. lionaires and billionaires. And not just that. That puts us into further debt May those elected to represent the I ask my colleagues to welcome Dr. with the Chinese. I’ve got a problem people follow the teachings of Your Catt and his family as he leads us with that. Word. We pray for all in authority that today in opening prayer. we may live in peace. Please guide the It seems simple to me. If we want to Congress, regardless of political per- f cut our deficit, we cut spending, and we suasion, to follow the words of Micah 6: also ask those who benefited from tax He has told you, O man, what is good. ANNOUNCEMENT BY THE SPEAKER breaks for the last decade to pay their What does the Lord require of you but to do PRO TEMPORE fair share. Like many of us, I’m with the little justice, to love kindness, and to walk hum- The SPEAKER pro tempore (Mrs. people and I’m with the middle people. bly before your God? The voice of the Lord MILLER of Michigan). The Chair will Let’s vote for a middle class tax cut will call to the city. It is sound wisdom to entertain 15 further requests for 1- fear Your name. today. minute speeches from both sides of the In the name of my Lord Jesus, I pray. aisle. f Amen. STOP THE TAX HIKES f f (Mr. SAM JOHNSON of Texas asked THE JOURNAL THE POWER TO TAX IS THE and was given permission to address the House for 1 minute and to revise The SPEAKER. The Chair has exam- POWER TO DESTROY and extend his remarks.) ined the Journal of the last day’s pro- (Mr. POE of Texas asked and was Mr. SAM JOHNSON of Texas. Madam ceedings and announces to the House given permission to address the House Speaker, let the countdown begin. his approval thereof. for 1 minute and to revise and extend Come January 1, the President and the Pursuant to clause 1, rule I, the Jour- his remarks.) Democrats plan to raise taxes on hard- nal stands approved. Mr. POE of Texas. Madam Speaker, working families and small business. f ‘‘The last thing you want to do is to That’s right. Instead of reining in raise taxes in the middle of a recession their out-of-control spending, the PLEDGE OF ALLEGIANCE because that would take more demand President wants all Americans to hand The SPEAKER. Will the gentleman out of the economy and put business in over even more of their hard-earned from Colorado (Mr. PERLMUTTER) come a further hole.’’ money to the Federal Government. It’s forward and lead the House in the That’s what the President said in not smart to raise taxes ever, and cer- Pledge of Allegiance. 2009, but that was then and this is now. tainly not in a struggling economy. Mr. PERLMUTTER led the Pledge of If Congress doesn’t act, Americans will With 3 years of sky-high unemploy- Allegiance as follows: face higher taxes when the clock ment across the country, record-break- I pledge allegiance to the Flag of the strikes midnight on December 31 of ing deficits, and countless new rules United States of America, and to the Repub- this year. The President’s solution is and mandates coming from the White lic for which it stands, one nation under God, to raise taxes on some. That would House, the solution is simple: Stop indivisible, with liberty and justice for all. eliminate 700,000 jobs in our country; these job-killing tax hikes. f 60,000 of those would be lost in my It’s time to rewrite the Tax Code, home State of Texas. The tax increase work on pro-growth tax reform, and WELCOMING REVEREND MICHAEL will cost the average American a year’s get this economy working again. Stop CATT worth of groceries—$4,000. the Democrats’ massive tax hikes to (Mr. SHULER asked and was given Madam Speaker, almost half of pay for their Big Government agenda. permission to address the House for 1 Americans pay no Federal income tax The American people want, need, and minute.) at all. What we need are more tax- deserve better. Mr. SHULER. Mr. Speaker, I rise payers, not more taxes. We need to f today to recognize today’s guest chap- renew the so-called ‘‘Kennedy-Reagan- b 1210 lain, Dr. Michael Catt. Dr. Catt is the Bush tax cuts.’’ No tax increases on senior pastor at Sherwood Baptist Americans. Because the power to tax is DISESTABLISHMENT OF THE Church in Albany, Georgia. I’m hon- the power to destroy, and the last POSTAL SERVICE ored to welcome Dr. Catt, his wife, thing we should do is raise taxes in a (Mr. KUCINICH asked and was given Terri, and his daughter, Hayley, to the recession. permission to address the House for 1 U.S. House of Representatives today. And that’s just the way it is. minute.)

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.017 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5536 CONGRESSIONAL RECORD — HOUSE August 1, 2012 Mr. KUCINICH. Article I, section 8, up for middle class families. I urge my Mrs. CAPPS. Madam Speaker, I rise clause 7 of the U.S. Constitution gives Republican colleagues to abandon their today to mark a key milestone in wom- Congress the responsibility to establish plans to hold middle class tax cuts hos- en’s access to affordable health care and ensure operations of the postal tage to their demands for another tax services. Starting today, and thanks to service. Today, August 1, 2012, 234 years cut for millionaires and billionaires the health care reform law, women will after the Constitution was ratified, and to pass a balanced tax plan, such have guaranteed access to a host of Congress is presiding over the disestab- as that contained in H.R. 15 that ex- preventive services in new health care lishment of the postal service. tends tax cuts for 98 percent of all plans, without additional costs. These Today, a manufactured default cre- Americans and 97 percent of small busi- benefits—including annual well-women ated by congressional legislation is nesses. physicals, birth control coverage, and pushing the postal service to the brink. If Congress fails to act, an estimated screenings for domestic violence Today, the postal service will not make 400,000 families in Rhode Island could among them—are a critical step to en- a payment that it should have never face an average tax increase of $1,600. suring that all women get the care had to make in the first place to pay The Republican tax proposal will end they need to stay healthy and treat for prefunding 75 years of retiree the expanded earned income tax credit disease early. health benefits in 10 years. A manufac- and expanded child tax credit and Far too often, women put off needed tured default, encouraged by banks and eliminate the American opportunity care because of the cost; but this new other interest groups, a move towards tax credit. In my State of Rhode Is- coverage benefit makes some of these privatization of one of America’s most land, it’s estimated that more than tough decisions a thing of the past, de- vital services. The Congress has a re- 100,000 families would lose an average cisions like whether to pay for treat- sponsibility to stand up. But here in of $1,000 in 2013 if the child tax credit ment or to pay for groceries. the USA under Citizens United, every- expansion is allowed to expire. As we celebrate this day, we must thing is up for auction, including the The Republicans’ misguided plan also remember that these health care postal service. would protect tax cuts for the wealthi- services continue to be politicized and Wake up, America. Universal service est, while effectively raising taxes on face many attacks. These attacks are is on the line. Wake up, America, and 25 million lower- and middle-income not only divisive but an intrusion into stand up for the Constitution, the Americans. I urge my colleagues to women’s private health decisions. We 575,000 postal service workers, and our support a balanced plan that protects must stand up to such partisan attacks obligation to the American people to the middle class, strengthens our small and support these important health see to it that the postal service is res- businesses, and strengthens our econ- care benefits and thus ensure that all cued from those who want to push it omy. women and their families have access into default or privatize it for their to affordable preventive care services. own profit. f f f BUFFALO-NIAGARA AND THE URBAN AREA SECURITY INITIA- BRIGHT SPOTS IN COLORADO HONORING THE SERVICE AND TIVE PROGRAM SACRIFICE OF ADAM ROSS (Mr. PERLMUTTER asked and was (Mr. HIGGINS asked and was given given permission to address the House (Mr. GOWDY asked and was given permission to address the House for 1 for 1 minute.) permission to address the House for 1 minute.) Mr. PERLMUTTER. Madam Speaker, minute.) Mr. GOWDY. Madam Speaker, I rise Mr. HIGGINS. Madam Speaker, on it’s been a hard summer in Colorado, to say thank you to Adam Ross and his Monday, I hosted a field hearing of the but we have a lot of bright spots. And parents, Dudley and Amanda Ross, Homeland Security Subcommittee on I want to focus on three today—one from the Boiling Springs community in Counterterrorism and Intelligence, on thing and two people. Spartanburg, South Carolina. Adam which I serve as ranking member. This The ‘‘thing’’ is the patent office. In Ross has been described as a ‘‘well- was an opportunity for the committee this country, we’ve had one patent of- mannered, good-spirited, and all- to hear from local officials on the deci- fice. It’s been here in Washington, D.C. around good American boy.’’ When he sion to eliminate Buffalo-Niagara from And now we’re going to have three pat- left Spartanburg to follow in his fa- the Urban Area Security Initiative pro- ent offices across the country, and Col- ther’s and his brother’s footsteps to go gram. orado got one of those. We’re going to fight for this country he loved so Niagara County Sheriff Voutour and have a satellite patent office in Colo- much, he told his family, Madam Erie County Commissioner of Emer- rado, and that will help us continue Speaker, I know where I am going, I gency Services Daniel Neaverth testi- our innovative and entrepreneurial know why I am going and what the fied that the capability gains made spirit. purpose is. under this program cannot be sus- Now, of the two people I would like Madam Speaker, Adam Ross’ body tained without fully funding this pro- to highlight, one is Chief Dan Oates. was returned to this country he loved gram. The Federal investment that We had tremendous heroes in this re- and believed in last week in a flag- supported the security gains achieved cent tragedy that we had in Colorado. draped coffin. His parents buried him over the past 8 years in this program But Chief Dan Oates and his leadership at the tender age of 19. He died defend- will be lost unless we fully fund this of the Aurora Police Department were ing this country and fighting for the program. fantastic, and I want to compliment qualities that make this the last best Madam Speaker, the witness testi- him on that. hope for mankind. mony made clear that the decision to Now, the last person I want to high- So, Madam Speaker, I rise to honor eliminate Buffalo-Niagara from the light, who is a bright spot and will his service, to honor the sacrifice his Urban Areas Security Initiative pro- keep getting brighter, is Missy Frank- parents made, to pray for their peace gram was ill-advised, shortsighted, and lin who has won a bronze medal and a and their wisdom, and to pray that counterproductive. Congress and the gold medal in swimming. And she is when Adam Ross looks down from Department of Homeland Security going to win a lot more. heaven and sees the America of years must reverse this course and restore So even though we’ve had a tough to come, he may believe his sacrifice Buffalo-Niagara’s eligibility for this summer, there are a lot of bright and service were worth it. all-important program. things and a lot of bright people in Col- f f orado, and it’s going to be better from here on out. MIDDLE CLASS TAX CUT NEW PREVENTIVE SERVICES FOR f (Mr. CICILLINE asked and was given WOMEN permission to address the House for 1 (Mrs. CAPPS asked and was given JOE BACA MIDDLE SCHOOL minute.) permission to address the House for 1 (Mr. BACA asked and was given per- Mr. CICILLINE. Madam Speaker, minute and to revise and extend her re- mission to address the House for 1 now is the time for Congress to stand marks.) minute.)

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.021 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5537 Mr. BACA. Madam Speaker, this ments or deductibles. Women who were Some on the other side want to cut Monday, Colton Joint Unified School effectively barred from these services commodity programs. Give them a District held a dedication ceremony for because of the cost will now be able to shot. Let them bring an amendment. the new Joe Baca Middle School in receive annual visits, testing for dis- My colleague, ROSA DELAURO, thinks Bloomington, California. Next week, eases like HPV and HIV, breast feeding we ought to restore all funding for nu- 800 students from the surrounding com- support and education, domestic vio- trition. I agree. Give her a shot. munities in Bloomington and Rialto lence counseling, and contraceptives. Congress must do its job. It must will begin to attend classes there. This is an important step in lowering bring a farm bill to the floor for a vote I am truly humbled to receive this our country’s health care costs and so that each and every one of us is held distinguished honor, and I thank the making sure that women have suffi- to account to our constituents. Colton Joint Unified School District. I cient access to preventive health care. f want to especially recognize Super- In my home State of Oregon, there WOMEN’S PREVENTIVE HEALTH intendent Jerry Almendarez; all of the are more than 633,000—and 47 million school board members of the Colton across the country—who are going to (Ms. DELAURO asked and was given Joint Unified School District; Ignacio benefit from this change. These are permission to address the House for 1 Gomez, whose beautiful artwork will be women who had unintended preg- minute and to revise and extend her re- displayed at the school; and Congress- nancies because they couldn’t access marks.) Ms. DELAURO. Madam Speaker, 26 man GARY MILLER for his bipartisan contraceptives. These are women who years ago, I was diagnosed with ovar- support. avoided going to the doctor because ian cancer. I was lucky. I had excellent they didn’t have the money, only to Growing up the youngest of 15 chil- doctors. They detected the cancer by end up in the emergency room. And dren in a poor household, I never would chance in stage I. If my cancer had not these are women whose pregnancies imagine that one day I would have a been caught early, I might not be were endangered because of lack of pre- school named in my honor. I never speaking to you today. Many women thought I would live to see this day. natal care. Today this changes. Now all are not so lucky because they have Again, I want to thank everyone in- women can take control of their never had access to preventive health volved and give a special thank you to health. care. my family for their continued love and f That is why I am so pleased to see support. SEQUESTRATION that today, thanks to the Affordable f Care Act, more lifesaving preventive (Mr. CONNOLLY of Virginia asked services will begin to be covered for LET PEOPLE VOTE ALREADY and was given permission to address women all over the country. Last year, the House for 1 minute.) (Mrs. DAVIS of California asked and 54 million Americans with private Mr. CONNOLLY of Virginia. Madam was given permission to address the health insurance gained access to pre- Speaker, sequestration—that’s the bo- House for 1 minute.) ventive services without cost sharing, geyman Republicans created last year Mrs. DAVIS of California. Madam including over 700,000 in my State of when they refused, for the first time in Speaker, our democracy flourishes Connecticut. when every citizen who wants to, American history, to allow a clean debt Starting today, 47 million American votes—but just once. And luckily, ceiling vote. So they formed a super- women, including over 600,000 Con- there’s just not much evidence that committee which they doomed to fail- necticut women, will now have access anyone’s voting more than once. Look ure when they refused to consider a to well-women visits, screenings for at Pennsylvania, where one of the Na- balanced approach that included rev- gestational diabetes, HPV and HIV, tion’s strictest voter ID laws is on enue and spending cuts. And now they contraception, and counseling and sup- trial. The State can offer zero evidence decry the impending $1.2 trillion cuts port for STIs, breast feeding, and for that fraud has been committed. They they fashioned and voted for as a crisis domestic violence. can offer zero evidence that future for national defense. This gives A report in 2009 found that more than fraud is likely. chutzpah a bad name. half of American women delayed or So why would we require a voter ID If Senators MCCAIN, GRAHAM, and avoided necessary care because they when we know one in 10 voters doesn’t AYOTTE want to resolve this crisis in could not afford it. This is why we have ID? Why would we close early vot- their town hall meetings—that they passed the Affordable Care Act. ing sites or deny voters an absentee helped create—join me in calling our Let’s help Americans get quality ballot when they can’t make it to the House Republican leadership to cancel care. Let’s save lives. the 5-week August recess and solve this polls on election day? f Madam Speaker, the number of peo- solvable problem. MIDDLE CLASS TAX CUTS ple hurt by barriers to voting is clearly f (Ms. MCCOLLUM asked and was higher than the number of illegal votes AMERICA NEEDS A FARM BILL these methods purport to stop. So let’s given permission to address the House (Mr. WELCH asked and was given quit fooling ourselves and let people for 1 minute.) permission to address the House for 1 vote already. Ms. MCCOLLUM. Madam Speaker, minute and to revise and extend his re- House Democrats and President Obama f marks.) are fighting for families by working to b 1220 Mr. WELCH. Madam Speaker, Amer- extend middle class tax cuts that will ica needs a farm bill. America needs a benefit 98 percent of Americans. Our WOMEN’S HEALTH farm bill. Our ranchers, our agricul- plan will put $2,200 in the pockets of an (Ms. BONAMICI asked and was given tural conservation districts, our dairy average family next year. That’s permission to address the House for 1 farmers, our commodity farmers need money that can be spent by your fam- minute.) and deserve a farm bill. It was passed ily on your family’s needs. That money Ms. BONAMICI. Madam Speaker, this by the Senate. It was passed by the will help Minnesota businesses grow is an important day for women across House Agriculture Committee in a and hire employees in St. Paul, Rose- this great country. Starting today, all strong bipartisan vote. But for the first ville, and Oakdale. new health insurance plans will include time, literally the first time in the his- But House Republicans refuse to ex- coverage for important preventive tory of this country, a farm bill passed tend tax cuts for the middle class un- health care for women. Many have by the Agriculture Committee is not less millionaires and billionaires get an looked forward to this date since the being allowed to come to the floor. extra tax cut. It’s wrong to borrow $50 passage of the Affordable Care Act, and There’s no excuse for that. billion from China so millionaires and I’m thrilled that it’s finally here. Is it a hard job? Yes. But is that an billionaires can get an extra tax cut of Starting today, women across the excuse for Congress to duck its respon- $160,000. country will have access to essential sibility? No. Are there contentious The Bush tax cuts for the super- preventive health care without copay- issues? Yes. wealthy built a mountain of debt and

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.022 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5538 CONGRESSIONAL RECORD — HOUSE August 1, 2012 failed to strengthen the economy. The I urge support for middle class tax COMMITTEE ON FINANCIAL SERVICES.—Mr. Bush years proved that the Republican cuts. Guinta. love affair with tax cuts for the super- f The resolution was agreed to. wealthy are a wasteful handout. They A motion to reconsider was laid on failed to create jobs. RESIGNATIONS AS MEMBER OF the table. The American economy is strong COMMITTEE ON TRANSPOR- when the American middle class is TATION AND INFRASTRUCTURE, strong. I urge my colleagues to vote for COMMITTEE ON THE BUDGET, f the Democrats’ middle class tax cuts. AND COMMITTEE ON OVERSIGHT f AND GOVERNMENT REFORM PROVIDING FOR CONSIDERATION OF H.R. 6169, PATHWAY TO JOB AMERICAN WOMEN WIN The SPEAKER pro tempore laid be- fore the House the following resigna- CREATION THROUGH A SIMPLER, (Ms. SPEIER asked and was given tions as a member of the Committee on FAIRER TAX CODE ACT OF 2012; permission to address the House for 1 Transportation and Infrastructure, PROVIDING FOR CONSIDERATION minute and to revise and extend her re- Committee on the Budget, and Com- OF H.R. 8, JOB PROTECTION AND marks.) mittee on Oversight and Government RECESSION PREVENTION ACT OF Ms. SPEIER. Madam Speaker, today Reform: 2012; PROVIDING FOR PRO- American women win. Congress has fi- CEEDINGS FROM AUGUST 3, 2012, HOUSE OF REPRESENTATIVES, nally done something right. No more Washington, DC, August 1, 2012. THROUGH SEPTEMBER 7, 2012; copays for contraception. No more Hon. JOHN BOEHNER, PROVIDING FOR CONSIDERATION copays for mammograms. No more Speaker, House of Representatives, The Capitol, OF MOTIONS TO SUSPEND THE copays for well-women visits. No more Washington, DC. RULES; AND WAIVING REQUIRE- copays for diabetes screening, DV MR. SPEAKER, I hereby announce my res- MENT OF CLAUSE 6(a) OF RULE counseling, HPV DNA testing, or HIV ignation, effective immediately, from the XIII WITH RESPECT TO CONSID- screening. House Committee on Transportation and In- ERATION OF CERTAIN RESOLU- So what does that mean to women in frastructure. Should you have any questions please contact my Chief of Staff. TIONS America? Sincerely, Women in America today are saving Mr. SCOTT of South Carolina. FRANK GUINTA, Madam Speaker, by direction of the money. For contraception alone, Member of Congress. they’ll save $400 to $600 a year. For all Committee on Rules, I call up House women in this country, it’s a billion HOUSE OF REPRESENTATIVES, Resolution 747 and ask for its imme- dollars worth of savings because the Washington, DC, August 1, 2012. diate consideration. Affordable Care Act was passed by Con- Hon. JOHN BOEHNER, The Clerk read the resolution, as fol- gress and signed by the President of Speaker, House of Representatives, The Capitol, lows: Washington, DC. the United States. MR. SPEAKER, I hereby announce my res- H. RES. 747 Yes, President Obama does care. And ignation, effective immediately, from the yes, American women win. Resolved, That upon the adoption of this House Committee on Budget. Should you resolution it shall be in order to consider in f have any questions please contact my Chief the House the bill (H.R. 6169) to provide for of Staff. MIDDLE CLASS TAX CUTS expedited consideration of a bill providing Sincerely, for comprehensive tax reform. All points of RANK GUINTA, (Mr. COHEN asked and was given per- F order against consideration of the bill are mission to address the House for 1 Member of Congress. waived. The bill shall be considered as read. minute.) All points of order against provisions in the Mr. COHEN. Madam Speaker, today HOUSE OF REPRESENTATIVES, bill are waived. The previous question shall Washington, DC, August 1, 2012. the House will take up a bill on the be considered as ordered on the bill and on Hon. JOHN BOEHNER, any amendment thereto to final passage Bush tax cuts. The Republicans want Speaker, House of Representatives, The Capitol, to extend the Bush tax cuts to every- without intervening motion except: (1) one Washington, DC. hour of debate on the bill equally divided and body, but tax 25 million Americans by MR. SPEAKER, I hereby announce my res- controlled by the chair and ranking minority not extending certain credits that they ignation, effective immediately, from the member of the Committee on Rules; (2) two get right now. The Democratic pro- House Committee on Oversight and Govern- hours of debate on the subject of reforming posal, which I will support and which ment Reform. Should you have any ques- the Internal Revenue Code of 1986 equally di- I’m here for today, despite the fact tions please contact my Chief of Staff. vided and controlled by the chair and rank- Sincerely, that my election is tomorrow, will ex- ing minority member of the Committee on FRANK GUINTA, Ways and Means; (3) the amendment in the tend tax cuts to everybody and raise Member of Congress. taxes somewhat on people who make nature of a substitute printed in part A of The SPEAKER pro tempore. Without the report of the Committee on Rules accom- over $200,000 individual and $250,000 objection, the resignations are accept- panying this resolution, if offered by Rep- married. Those people still get a tax ed. resentative Slaughter of New York or her cut, but just not as much. There was no objection. designee, which shall be in order without Madam Speaker, 93 percent of the in- intervention of any point of order, shall be come growth in the last decade went to f considered as read, and shall be separately the top 1 percent. That’s the people b 1220 debatable for 20 minutes equally divided and who can afford to pay more taxes. And controlled by the proponent and an oppo- the fact is, to deal with the deficit, ELECTING A MEMBER TO A CER- nent; and (4) one motion to recommit with or without instructions. we’ve got to have both income and cuts TAIN STANDING COMMITTEE OF to wasteful spending. THE HOUSE OF REPRESENTA- SEC. 2. Upon adoption of this resolution it Republicans and Democrats have TIVES shall be in order to consider in the House the bill (H.R. 8) to extend certain tax relief pro- agreed. Economists Paul Krugman and Mr. SCOTT of South Carolina. Mr. visions enacted in 2001 and 2003, and for other Joseph Stiglitz have called on both rev- Speaker, by direction of the House Re- purposes. All points of order against consid- enue and cuts. And so have Martin publican Conference, I send to the desk eration of the bill are waived. The bill shall Feldstein, an adviser to President a privileged resolution and ask for its be considered as read. All points of order Reagan, and Hank Paulson, Treasury immediate consideration in the House. against provisions in the bill are waived. The Secretary to President Bush. So did The Clerk read the resolution, as fol- previous question shall be considered as or- Simpson-Bowles. They’ve all said you lows: dered on the bill and on any amendment need both revenue and cuts. That’s thereto to final passage without intervening H. RES. 751 motion except: (1) one hour of debate equally what President Clinton recommended Resolved, That the following named Mem- divided and controlled by the chair and rank- in 1993, the Democrats supported, and ber be, and is hereby, elected to the fol- ing minority member of the Committee on we had a surplus—wasted on Bush tax lowing standing committee of the House of Ways and Means; (2) the amendment in the cuts. Representatives: nature of a substitute printed in part B of

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.024 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5539 the report of the Committee on Rules accom- which provides a legislative path for 2003—and, oh, by the way, 85 Members panying this resolution, if offered by Rep- true tax reform; and for other tools al- of the Democrats voted for these exact resentative Levin of Michigan or his des- lowing the House to finish its business same tax cuts to stay in place in 2010. ignee, which shall be in order without inter- and continue to operate during the Au- It was good in 2010; it’s still good right vention of any point of order, shall be con- sidered as read, and shall be separately de- gust district work period. now. Sixty-one percent of folks say batable for 20 minutes equally divided and Madam Speaker, I rise today in sup- let’s extend these tax cuts for all controlled by the proponent and an oppo- port of this rule and the underlying Americans, and let’s keep those 710,000 nent; and (3) one motion to recommit with or bill. Americans who would lose their jobs without instructions. Madam Speaker, why are we here employed. SEC. 3. On any legislative day during the today? My friends on the left will tell But in addition to that, the environ- period from August 3, 2012, through Sep- you that we are here today to discuss ment that we’re working in right now tember 7, 2012,— matters; it matters significantly. Be- (a) the Journal of the proceedings of the the issue of fairness in our Tax Code. I previous day shall be considered as approved; would agree. America is the land of op- cause we have over 41 months—over 41 (b) the Chair may at any time declare the portunity. We believe that the worst months, Madam Speaker—of unem- House adjourned to meet at a date and time, possible thing you can do during a frag- ployment over 8 percent. It’s dev- within the limits of clause 4, section 5, arti- ile recovery—that feels like a recession astating. It’s devastating, Madam cle I of the Constitution, to be announced by to me—is to increase taxes. Why? Be- Speaker. the Chair in declaring the adjournment; and cause by increasing taxes, we jeop- Madam Speaker, I hope all of my col- (c) bills and resolutions introduced during ardize another 710,000 jobs, according leagues will come together here today the period addressed by this section shall be numbered, listed in the Congressional to the experts, 710,000 jobs. and realize that the time for political Record, and when printed shall bear the date One of those jobs could be held by points should be over; that my col- of introduction, but may be referred by the one of my constituents, a friend of leagues would come together today and Speaker at a later time. mine named Joe Stringer. Joe Stringer realize that the time for trying to di- SEC. 4. The Speaker may appoint Members is a middle class American, 62 years vide Americans is over; that we would to perform the duties of the Chair for the du- old. His wife is 67 years old and on come together today, Madam Speaker, ration of the period addressed by section 3 of Medicare. Joe doesn’t make $250,000, and realize that the time for punishing this resolution as though under clause 8(a) of success is over. rule I. Joe doesn’t make $200,000, not even SEC. 5. Each day during the period ad- $150,000 or $100,000, but Joe does have In many ways, Madam Speaker, in dressed by section 3 of this resolution shall dividend income, like 9 million seniors many ways this debate today is about not constitute a calendar day for purposes of around this Nation who have dividend the very soul of who we are as Ameri- section 7 of the War Powers Resolution (50 income. cans: Are we going to lift everyone up U.S.C. 1546). And here is the interesting fact, as one Nation, or are we going to push SEC. 6. Each day during the period ad- Madam Speaker, when we hear the left some down to bring everyone some- dressed by section 3 of this resolution shall talk about taxing the millionaires and where in the fuzzy middle in some mis- not constitute a legislative day for purposes guided attempt to redefine fairness? of clause 7 of rule XIII. the billionaires, here is the new defini- SEC. 7. Each day during the period ad- tion: of those 9 million seniors who Are we going to let the foundation of dressed by section 3 of this resolution shall have dividend income, 68 percent of this Nation continue to crack, or are not constitute a calendar or legislative day them have an income of less than we going to strengthen it for another for purposes of clause 7(c)(1) of rule XXII. $100,000, 40 percent have an income of 200 years? SEC. 8. It shall be in order at any time on less than $50,000. But my friends on the We encourage—I encourage—success the legislative day of August 2, 2012, for the left would categorize these folks as a in this Nation. We have to ensure our Speaker to entertain motions that the House children can learn about America the suspend the rules as though under clause 1 of member of the rich, with their tax cuts rule XV. being expired at the end of this year. same way all of us learned about the SEC. 9. The requirement of clause 6(a) of We are looking at an increase in the land of opportunity. That’s fairness rule XIII for a two-thirds vote to consider a dividend tax rate of 185 percent for mil- that I believe in. report from the Committee on Rules on the lions of Americans who are on fixed in- Once again, Madam Speaker, I rise in same day it is presented to the House is comes. These folks aren’t rich. They support of this rule and the underlying waived with respect to any resolution re- depend on their dividend income, and legislation. I encourage my colleagues ported through the legislative day of August yes, with the actions of the left, we to vote ‘‘yes’’ on the rule, ‘‘yes’’ on the 2, 2012. would see their dividend income tax re- underlying bill, and I reserve the bal- The SPEAKER pro tempore. The gen- sponsibility and burden go up by 185 ance of my time. tleman from South Carolina is recog- percent. This is definitely not right. It Ms. SLAUGHTER. I thank my col- nized for 1 hour. is definitely wrong. league for yielding me the time, and I Mr. SCOTT of South Carolina. Now this is on top of all the new yield myself such time as I may con- Madam Speaker, for the purpose of de- taxes that we find as a part of the Af- sume. bate only, I yield the customary 30 fordable Care Act, another $804 billion Madam Speaker, under the rule be- minutes to the gentlewoman from New of new taxes on Americans throughout fore us today, we will choose between York (Ms. SLAUGHTER), pending which I this Nation. And in addition to that, two starkly different visions for Amer- yield myself such time as I may con- Madam Speaker, under their proposal, ica. My Democratic colleagues and I sume. During consideration of this res- we see the death tax going from 35 per- are proposing a simple and fair tax cut olution, all time yielded is for the pur- cent with a $5 million elimination to 55 for the middle class. This proposal has pose of debate only. percent. And for farmers, folks in agri- already passed the Senate. If passed by GENERAL LEAVE culture, and for small businessowners, the House, the legislation could quick- Mr. SCOTT of South Carolina. their wealth is not liquid. You would ly become law. Our tax cut is based Madam Speaker, I ask unanimous con- have to sell your land to pay these upon a simple premise—that it is time sent that all Members have 5 legisla- taxes. It’s what we call a ‘‘fire sale.’’ for the wealthy and corporations to tive days to revise and extend their re- So my friends on the left would pun- pay their fair share—no more. Their marks. ish people who work all their lives and fair share. The SPEAKER pro tempore. Is there come up with wealth to pass on to the Unfortunately, despite agreeing with objection to the request of the gen- next generation. But in this instance the tax cuts proposed in our bill, our tleman from South Carolina? the taxes would go up significantly. colleagues on the other side of the aisle There was no objection. And that’s wrong. are standing in the way of the tax cut Mr. SCOTT of South Carolina. House becoming law. Instead of passing a Resolution 747 provides for a struc- b 1240 commonsense tax cut, the majority is tured rule for consideration of H.R. 8, a In spite of the results of all the sur- demanding that any tax cut for the bill to extend the current tax rates for veys—yesterday we had a survey done middle class be accompanied by an ad- all Americans for 1 year; a structured in my district that said that 61 percent ditional tax cut for the richest 2 per- rule for consideration of H.R. 6169, of folks would like to see the 2001 and cent. Their proposal is based upon the

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.012 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5540 CONGRESSIONAL RECORD — HOUSE August 1, 2012 disproved theory of trickle-down eco- brings us back to the legislation that seeing their dividend income go up in nomics—a failed economic theory that we are considering today. taxation by 185 percent. That’s the has led to record inequality and a bro- Today, the majority proposes that we middle class. ken Tax Code that is riddled with loop- continue failed policies by extending We’re talking about how the mar- holes and giveaways to the wealthy. the Bush tax cuts for the richest 2 per- riage penalty will place a $591 higher For decades, our tax system has been cent. Doing so, Madam Speaker, would tax on over 88 million families. That’s tilted in favor of the wealthy and big cost us nearly $1 trillion over the next the middle class. We’re talking about a corporations—a rigged system that 10 years, it would force us to continue reduction in the child tax credit that isn’t working for most Americans. As borrowing billions of dollars from will pose a $1,028 tax hike on 31 million just one example, between 2008 and China, and would force us to make cuts families. This looks like to me that my 2010, 30 profitable Fortune 500 compa- in vital programs like Medicare and friends on the left are willing to tax nies paid absolutely nothing in Federal student loans. the middle class and the poor. taxes, and many more companies and To continue the failed status quo is a Madam Speaker, I yield 4 minutes to wealthy individuals avoid paying taxes disservice to the American people that the gentleman from South Carolina, by sheltering the money in bank ac- we represent. It is high time that we Mr. TREY GOWDY. counts overseas. start making our Tax Code fair for Mr. GOWDY. Madam Speaker, I want This stands in sharp contrast to those who work hard and play by the to thank my good friend and colleague, other moments in American history. In rules—not just the wealthy who lobby TIM SCOTT. And I was in rapt attention the 1950s, 1960s, 1970s—a 30-year period hard and rewrite the rules. We can do when he was talking. It was almost as that saw the creation of the middle that by passing a simple and fair tax if he stole my thoughts. But I don’t class and the realization of the Amer- cut for the middle class today. mind because he’s a member of the ican Dream—top income tax rates Unlike the proposal from the major- freshman class. often reached levels we wouldn’t even ity, the Democratic proposal to cut And many of us in the freshman dream of today. But despite these tax taxes for the middle class is something class, Madam Speaker, we weren’t here rates, we saw incredible economic that both sides already agree on. The in December of 2010 when this body last growth and the creation of the strong- majority’s strategy of holding middle decided to extend the tax cuts for all est middle class on Earth. class tax cuts hostage in exchange for Americans, not some of them, but all The middle class grew, in part, be- tax cuts for the top 2 percent is out- Americans, 18 months ago. So you can cause we did not allow the most suc- rageous, and it must end. imagine, Madam Speaker, how in- cessful members of our society to Far too often, the majority has pur- trigued we are by the debate on the dodge their responsibility as American sued a partisan and zero-sum ideology other side. taxpayers. In years since, we’ve wit- that has led this Congress down dead- We’re also intrigued at the number of nessed a purposeful and concerted ef- end roads. We’ve seen it over and over our colleagues who, not 18 months ago, fort by some to undermine the notion again, whether it’s the majority’s pro- decided it would be bad economics to of shared responsibility, which this posal to end Medicare as we know it, or raise taxes on any American, which government was based on. In years their inability to avoid a downgrade— leads me to wonder, were the rules not since, we’ve witnessed a purposeful and the first in our Nation’s history—in our fair 18 months ago? I know that’s the concerted effort to undermine that. credit. Unfortunately, their proposal campaign slogan, that everybody has Starting with Reaganomics in the today is yet another partisan piece of to play by the rules and everybody 1980s, a new theory pervaded American legislation that will never become law. should pay their fair share. politics—a belief that our focus should Indeed, the President has already said Were the rules not fair 18 months really be on helping corporations and that he will veto the majority’s pro- ago? Was everybody not paying their the wealthy in hopes that they might posal if it ever reaches his desk. fair share 18 months ago? Because in return help some of us. When faced with these two starkly heaven knows they voted for it 18 Many on the other side of the aisle different proposals—one, a non- months ago. Which got me wondering, subscribed to this idea and believed controversial and commonsense tax cut Madam Speaker, what’s different today that by providing for the powerful in- for the middle class; the other, a par- than it was 18 months ago? terests first, success would trickle tisan tax cut to benefit the richest 2 Well, maybe the economy’s better down onto the middle class. What we percent—it’s clear what we should do. off. Maybe that’s the explanation. And now know is the theory is simply not I urge my colleagues to provide a fair then I saw, well, gas prices are higher true. Today, America is increasingly and simple tax cut to all Americans— and milk prices are higher and bread unequal, millions of jobs have been because the rich will benefit too—while prices are higher and inflation is high- shipped overseas, and the middle class standing up for the financial security er, which is the most insidious of all has been gutted. These results are and prosperity of the middle class. Why taxes, and people’s purchasing power is strong evidence that trickle-down eco- would we continue a program we know down. So, no, that couldn’t be why nomics have completely and utterly has failed? they changed their minds. It can’t be failed. I reserve the balance of my time. because people are better off, because In 2001, President Bush proposed a se- Mr. SCOTT of South Carolina. they’re not. ries of unpaid-for tax cuts that ex- Madam Speaker, I just want to make So then I thought, Madam Speaker, ploded our deficit and put millions of sure that I note once again, reinforce well, maybe it’s because government dollars directly into the pockets of the the fact, that this 1-year extension has become a better steward of the tax richest families in America, and that’s that we are suggesting on the right is dollars that we do give them. Maybe where we are today. At the same time, in fact an extension of not only the government’s spending the money bet- President Bush claimed that these tax 2001 and 2003 tax cuts, but also the tax ter. And then I thought, well, no, we’ve cuts would create jobs. And Vice Presi- cuts that passed this House in 2010 in a had Solyndra and we’ve had Abound, dent Cheney told us not to worry about bipartisan fashion. and we’ve had a failed stimulus plan, the cost to our Nation because ‘‘defi- There is no doubt that an action not and we’ve had a GSA scandal, so no, it cits don’t matter.’’ A decade later, we to extend these tax cuts is actually in- couldn’t possibly be that we’re spend- can see that President Bush and Vice creasing taxes on many people in this ing the money wiser. President Cheney couldn’t have been Nation. So why in the world, Madam Speak- more wrong. er, would so many of our colleagues Under President Bush, our deficit ex- b 1250 who just 18 months ago thought the ploded to record levels; and according And, in fact, if we do extend these rules were just fine and that 35 percent to FactCheck.org, he created only 1.1 tax cuts, what we are actually doing is was enough to pay, why in the world million jobs. In contrast, President allowing current tax law to stay in would they change their mind in the Clinton erased our deficit through a place. But if we don’t do that we are course of just 18 months? balanced tax plan and created 23 mil- talking about 9 million seniors, 68 per- And then it dawned on me, Madam lion jobs—quite a difference—which cent of whom make less than $100,000, Speaker. It dawned on me while I was

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.030 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5541 listening to the President tell our fel- Why? In order to give another tax multi-step process. First, we need to low Americans you didn’t build that, break to the rich. extend the current tax rate. This ex- and promising more flexibility in a sec- The New York Times article just a tension gives us a bridge, the time we ond term, that we’re in the middle of a few days ago said the Republicans will need, to dig into the Tax Code and find reelection campaign. It dawned on me, press to extend tax cuts for affluent a way to make it work for all Ameri- no, the economy’s not better, and no, families scheduled to expire on Janu- cans, not just some. Perhaps even more government’s not spending its money ary 1. But the same Republican tax importantly, it stops the largest tax better, but I have to have something to plan would allow a series of tax cuts hike in history. It’s worth repeating: run on, so I’m going to pit one group of for the working poor and for the middle the largest tax hike in history. Americans against another group of class to end next year. Madam Speaker, this tax increase Americans, because God knows I can’t The Washington Post said, and I would threaten more than 700,000 run on my record. quote, ‘‘Republicans want to raise American jobs, and for those folks So let’s try the politics of bringing taxes on the poor. Why?’’ lucky enough not to lose their jobs, it people down and perpetuating this Why indeed. In order to pay for an could very well lead to lower wages for myth that somehow pulling other peo- over $160,000 tax break for millionaires. them. If we don’t act, the Democrats’ ple down makes me taller. Let’s pit one The plan would slash the Child Tax tax increase will hit 53 percent—more group of Americans against another Credit, taking an average of $854 away than half—of all American small busi- group. from nearly 9 million families, pushing ness income. Madam Speaker, the economy is still 2 million children back into poverty. When I brought these small busi- struggling. Heavens knows it is. People The SPEAKER pro tempore. The nesses up at the Rules Committee last are suffering. time of the gentlewoman has expired. night, my colleagues on the other side If you want economic growth, why in Ms. SLAUGHTER. I yield the gentle- of the aisle responded to me and my the world are you talking about taking woman another minute. questions by coming back with statis- more money from people, even if you Ms. DELAURO. It weakens the tics, things that don’t really matter don’t think they built it? Earned Income Tax Credit, which kept much to anybody. Yet, when I talked What has changed in the last 18 8.3 million people out of poverty last about small businesses in my district— months other than the vicissitudes of a year—this as poverty rates head to- those folks making over $200,000 who political cycle, Madam Speaker? are going to be impacted by this in- And then I got to thinking, while wards the highest levels in nearly half a century. crease on taxes—it related to actual Congressman SCOTT was talking, let’s assume for the sake of argument, We all know there’s a better way for- jobs, what they can create and what Madam Speaker, that we do what they ward. The Senate has passed a plan, they may have to cut back on. These want us to do. Go ahead and raise it to supported by the President, which cuts are real people, not some statistics 39 percent. It may be 39 this time. How taxes for 98 percent of Americans, 97 that somebody in some Washington about 50? If you didn’t build it, how percent of small businesses in the think tank came up with. These are about take half of it? country. Rather than holding tax relief real people, real job creators in Amer- What about 60 percent, Madam for the vast majority of American fam- ica. We are talking now about stifling Speaker? If you didn’t build it, take 60 ilies and small businesses hostage to that at a time when job growth in percent of it. Where does it stop? more tax cuts for the wealthiest 2 per- America is anemic at best. The SPEAKER pro tempore. The cent, let us take up that Senate bill. My fellow speakers earlier talked time of the gentleman has expired. I urge my colleagues to vote against about just that issue in regards to what Mr. SCOTT of South Carolina. I yield the rule and this Republican Reverse has changed. the gentleman an additional 1 minute. Robin Hood tax plan, and support tax The SPEAKER pro tempore. The Mr. GOWDY. What the Democrats relief for the middle class. time of the gentleman has expired. want to do, Madam Speaker, is bad Mr. SCOTT of South Carolina. Mr. SCOTT of South Carolina. I yield citizenship. It is bad economics. It is Madam Speaker, I just want to make the gentleman an additional 30 sec- bad for our fellow Americans. It re- sure that we remember the facts as onds. mains to be seen if it’s good election- they are. There’s no reason for us to so Mr. NUGENT. What has changed in eering or not. That remains to be seen. quickly revise history to meet our po- America since that increase, or the But duplicity is duplicity, no matter litical objectives. 2001–2003 tax decrease, was passed by what the calendar says. In 2010, this House, controlled by the the democratically-controlled Congress Ms. SLAUGHTER. Madam Speaker, I Democrats, the Senate, controlled by in 2010? What has changed? am pleased to yield 2 minutes to the the Democrats, and the White House, You heard from my good friend Mr. gentlewoman from Connecticut (Ms. controlled by the Democrats, passed GOWDY that nothing has changed. Now DELAURO). the 2001 and 2003 Bush tax cuts. So we are going to look at those job cre- Ms. DELAURO. I would just like to what we’re talking about is a bipar- ators—and let’s slap them again. Let’s remind the previous speaker that 18 tisan piece of legislation that would take away the certainty for the people. months ago there was a Republican continue the current tax law because We have almost 11 percent unemploy- majority in this House that made a de- the previous Congress, in a bipartisan ment in my district, so now we are termination to bring this Nation to its fashion, decided that tax cuts were going to crush them again by taxing knees and to shut down the govern- good for all Americans. And now we those job creators and by putting jobs ment because they would not raise a find ourselves, as Mr. GOWDY said, in out of the reach of real Americans. debt ceiling and were holding the gov- the midst of a political season. The SPEAKER pro tempore. The ernment hostage and the Nation hos- Madam Speaker, I yield 2 minutes to time of the gentleman has again ex- tage. the gentleman from Florida, Mr. RICH pired. And quite frankly, that’s what NUGENT, the sheriff. Mr. SCOTT of South Carolina. I yield they’re doing again today. And this the gentleman another 30 seconds. time, it is about tax relief for working b 1300 Mr. NUGENT. I thank my friend. families and for middle class families. Mr. NUGENT. Madam Speaker, I H.R. 8 will prevent real hardworking The duplicity is on the other side of want to thank my good friend and fel- Americans from getting hit with his- the aisle, which always is trying to low Rules Committee member TIM tory’s largest tax increase. We have an bring this body and this country to the SCOTT for allowing me to speak on this obligation to make sure that we do precipice. very important issue. this. If we extend it for a year, it gives I rise in opposition to the House ma- This rule does something that is dec- us the opportunity. It has been decades jority’s tax plan. What it would do is ades overdue. It puts the Nation on a since we have had real tax reform. The raise taxes on 25 million middle class path to comprehensive tax reform. Ways and Means Committee, through and working families, people with in- Achieving a fairer, simpler Tax Code regular order, has the opportunity to comes below $250,000. Their taxes would isn’t an easy goal, which is why we are have input from both Democrats and go up by $1,000 each. considering today and tomorrow a Republicans alike—experts in the

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.031 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5542 CONGRESSIONAL RECORD — HOUSE August 1, 2012 field—to talk about how we craft tax Republican colleagues, when they talk Those with accountants and lawyers can policies that are going to carry us about the largest tax increase in Amer- work the system and pay no taxes at all, but through the next decade. ican history, is when you put the Re- the rest are hit with one of the highest cor- The SPEAKER pro tempore. The publican-Romney bill in effect. If you porate tax rates in the world. It makes no sense, and it has to change. time of the gentleman has again ex- are going to have that massive cut for pired. the wealthiest of Americans, the only He’s right, but the proposal that my Mr. SCOTT of South Carolina. I yield way you can make that deficit-neutral friends on the Democratic side are the gentleman another minute. is by raising taxes on the other 95 per- bringing to the floor raises taxes on Mr. NUGENT. This is such an impor- cent. And you can quibble with some of these small businesses that create jobs. tant issue, Madam Speaker. This is the assumptions of the various inde- The President knows that’s not fair. He about the future of America. This is pendent experts, but they all agree: if goes on. about how we move forward. you’re going to give people who make b 1310 Ways and Means has had 20 com- over $1 million an average of more than He says, ‘‘Tonight, I’m asking Demo- mittee hearings already on this issue. $100,000 in annual relief, you are going crats and Republicans to simplify the One of my favorites was on the Fair to be raising taxes on the 95 percent of system. Get rid of the loopholes,’’ he Tax, which is what we are talking the rest of America. says, ‘‘level the playing field,’’ he says, about as we move forward—the ability That’s not right. It’s not necessary. ‘‘and use the savings to lower the cor- of the American people to hear debate There are better alternatives, and porate tax rate for the first time in 25 on this floor and in committee sessions you’re going to hear it in the form of years without adding to the deficit.’’ through an open process in which we the Democratic alternative that’s That’s what the President called on can amend laws or legislation that is going to come forth later this after- us all to do. That’s what this rule that going to come forward to this House. It noon. my friend from South Carolina allows is also the ability to get input from all Mr. SCOTT of South Carolina. I yield us to do. That’s what, if we’re willing of us—Democrats and Republicans 3 minutes to the gentleman from Geor- to put politics aside in this election alike—because it really is about where gia and my colleague on the Rules year, we can do together as you did in we are heading as a Nation. Committee, Mr. ROB OODALL W . 2010. We talk about job creation. This is Mr. WOODALL. I thank my colleague Madam Speaker, I will close with about job creation. This is about sus- from South Carolina for yielding me this. That was his 2011 address, and taining the current jobs that we have the time. maybe you think that was just the en- and about allowing American busi- I don’t actually have the words for thusiasm of our cooperation there at nesses and entrepreneurs to create this debate, so I had to bring some- the end of 2010, but it wasn’t. more jobs. It’s not some crazy idea. thing with me, Madam Speaker. What I The SPEAKER pro tempore. The This is real America. These are busi- brought are the very words that Presi- time of the gentleman has expired. nesses in my district. dent Obama spoke from right here be- Mr. SCOTT of South Carolina. Ms. SLAUGHTER. The real issue hind me in his State of the Union ad- Madam Speaker, I yield an additional here today is: Are we going to continue dress in 2011. As you’ll remember, we 30 seconds to the gentleman from Geor- something that we know utterly failed? had just done this thing that we had all gia. More than 10 years ago, this deal was agreed on. I say ‘‘we.’’ My colleague Mr. WOODALL. Standing right here made with corporations that we would from South Carolina and I were not in in this Chamber 10 feet behind me this cut the tax rate and that they would Congress at the time. ‘‘You.’’ This year, the President said this: produce jobs. We didn’t get the jobs. thing that you agreed on with the Half of it didn’t work. Why would a President and with the Senate to not We have an opportunity at this moment to bring manufacturing back, but we have to country as intelligent as ours want to raise taxes on job creators, why did seize it. We should start with our Tax Code. continue that failed policy? We are at a you agree on that? Let’s look and see Right now, companies get tax breaks for critical crossroads here, and we had what the President said. moving jobs and profits overseas; meanwhile, better this time get it right. He said: companies that choose to stay in America In that regard, I am pleased to yield We measure progress by the success of our get hit with one of the highest tax rates in 2 minutes to the gentleman from Or- people—by the jobs they can find and the the world. It makes no sense and everyone egon (Mr. BLUMENAUER), a member of quality of the jobs they can find. Opportuni- knows it. So let’s change it. the Committee on Ways and Means. ties for a better life that we pass on to our What you do does not change it. Mr. BLUMENAUER. I appreciate the children, that’s a project the American peo- What you do dooms our small business ple want us to work on together. We did that owners to continue to operate at one of gentlelady’s courtesy. in December. She had it exactly right. We’ve gone the highest tax rates in the world. We He was talking about when we came down this path. We had an opportunity can do better. We have the bill to do together to prevent the largest tax in- for us to see how effective the Bush tax better. Together we will do better. crease in American history from im- cuts were in creating employment in With that, I thank my friend from pacting Americans and the jobs they America versus those high rates in the South Carolina. were seeking. Clinton era, a couple of percentage Ms. SLAUGHTER. I think I must say Here is what he said: points higher. Look at the job creation: that 97 percent of small businesses in 22 million jobs in the Clinton years We did that in December. Thanks to the America will not be affected at all. tax cuts that we passed, Americans’ pay- when we were actually balancing the checks are bigger today. Businesses can With that, I’m pleased to yield 2 min- budget for 4 years in a row, reducing write off the full cost of investments, and utes to the gentleman from New Jersey the deficit, versus anemic job creation these steps taken by Democrats and Repub- (Mr. ANDREWS). in the Bush administration that was licans will grow the economy and add more (Mr. ANDREWS asked and was given less than 5 percent of that. than 1 million private sector jobs. permission to revise and extend his re- We’ve tried it their way. That’s why Ernst & Young says doing marks.) With all due respect, it’s really hard what the Democrats propose to do is Mr. ANDREWS. I thank my friend for to characterize what happened in 2010 going to kill 700,000 jobs. It’s because, yielding. as bipartisan legislation. The Repub- as the President said, doing what we Madam Speaker, Americans who licans in the Senate refused to legis- all agreed on—doing what we are pro- served on the school board or a parents late. It was going to be that all the tax posing to do here today—added 1 mil- council or the board of trustees, their relief expired. A consensus was lion jobs. That was from the Presi- fire company, that have ever had a dis- reached. A compromise was made to dent’s address in 2011. pute about what to do know that one of extend it. Hopefully, we could have He went on. He talked about the pa- the ways to resolve the dispute is to worked things out, but we didn’t. We’re rade of lobbyists who have rigged the say, Listen, let’s take the things that now right back in the same spot. Tax Code to benefit particular compa- we agree on and do them, and set aside I would respectfully suggest that nies and industries. the things in which we disagree and what we are looking at now with my He says: argue about them later. But let’s agree

VerDate Mar 15 2010 02:03 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.033 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5543 on the things we can do and get them Below are three illustrative examples of tions. Under H.R. 8, the family would only be done. military families whose tax bill would rise able to claim a partial child tax credit, lim- I think virtually every Member of next year under H.R. 8, the House Republican ited to $727. In contrast, under the Senate- this Chamber agrees that if a family tax bill. passed bill and the House Democratic alter- makes less than a quarter of a million A corporal (E4) in the Marines with four native, the family could claim the full $1,000 years of service, who is married and has two credit for its child. Here are the details: dollars a year, their taxes should not children would see a tax increase of $448 U.S. Army private (El), first year of serv- go up. Let’s pass a bill that says that under H.R. 8. ice, married with one child: and then move on to the things on In 2009, President Barack Obama signed Basic pay: $18,196 which we disagree. into law improvements to the earned income Child tax credit under current tax policy Here is one of the things that we dis- tax credit—an important tax credit that and Democratic plan: $1,000 boosts the earnings of low- and moderate-in- Child tax credit under H.R. 8: $727 agree on: The majority’s bill that’s on Tax increase: $273 the floor raises taxes on 25 million come workers. In 2009, 211,000 military fami- These are just three typical military fami- Americans, and they are some of the lies benefitted from the earned income tax lies who face a tax increase from H.R. 8’s Americans who least merit and deserve credit.[1] One of the 2009 improvements re- failure to extend important tax benefits for duced the tax credit’s so-called marriage working families. Many families with simi- a tax increase. For example, an E4 cor- penalty (phasing out the credit at higher in- poral in the Marine Corps with 4 years lar incomes, military and nonmilitary, come levels for families that file joint tax re- would face similar tax increases because of of service, married and with two chil- turns). H.R. 8 would let that provision ex- dren sees his taxes go up by $448 a year H.R. 8’s failure to extend the child tax credit pire, increasing the marriage penalty and and earned income tax credit improvements. under the Republican bill. Under the thus reducing the EITC for married couples H.R. 8 also fails to extend the American op- Democratic bill, that Marine’s taxes do in the phaseout range. portunity tax credit for families and stu- With military basic pay of $27,660[2] (and not go up. A military police sergeant, dents paying for college. an E5 in the Air Force, who has 8 years assuming no other household income), this In all, the House Republican plan raises Marine Corporal’s family is affected by the of service, with a spouse and three taxes on about 25 million families, including worsened marriage penalty under H.R. 8. As 18 million families with children (consti- young children would see a tax in- a result, the family’s tax credit would be re- crease of $1,118 a year. tuting 37 percent of all families with chil- duced by $448 under H.R. 8 compared to the dren).[3] By contrast, all 98 percent of fami- How could this be? current tax rules, the Senate-passed bill, and In 2009, President Obama increased lies with incomes under $250,000 ($200,000 for the House Democratic alternative. Here are singles) would see no tax increase under the the earned income tax credit, which the details: Democratic bill, and the 2 percent of Ameri- helps low-income people who work for Marine corporal (E4), four years’ service, cans with higher incomes will keep tax cuts a living, and he increased the child married with two children; on their income up to those amounts. care credit, which is working people Military basic pay: $27,660 Seth Hanlon is Director of Fiscal Reform with children. We pay our marines, our Earned income tax credit under current at the Center for American Progress. tax policy and Democratic plan: $4,326 Air Force, our Army, and our sailors a Earned income tax credit under H.R. 8: Mr. SCOTT of South Carolina. At lot less than we should. They’re very $3,878 this time, I reserve the balance of my underpaid, and they take advantage of Tax increase under H.R. 8: $448 time. these tax breaks. A military police sergeant (E5) in the Air Ms. SLAUGHTER. Madam Speaker, The SPEAKER pro tempore. The Force with eight years’ service, with a I’m pleased to yield 2 minutes to the time of the gentleman has expired. spouse and three young children at home, gentleman from Vermont (Mr. WELCH). Ms. SLAUGHTER. I will be happy to would see a tax increase of $1,118 under H.R. Mr. WELCH. I thank the gentlelady. yield an additional 30 seconds to the 8. Madam Speaker, let’s first of all de- Another provision enacted in 2009 boosted gentleman from New Jersey. fine what these two bills are. the value of the earned income tax credit for Number one, the Democratic bill Mr. ANDREWS. The Democratic bill families with three or more children, reflect- preserves these tax rules for working ing the fact that these families have a higher would provide tax relief to 100 percent families, including members of the cost of living. H.R. 8 would let this provision of Americans: 98 percent would get tax military; the Republican bill does not. expire, so that families with three or more relief on every dollar of income; 2 per- So I would urge my friends on both children get the same-sized tax credit as cent would get tax relief on up to sides of the aisle to do the following: families with two children. $250,000 of income. Above that, they Let’s oppose the rule that’s on the With basic pay of $34,723, this sergeant’s would be going back to the Clinton floor, which gives us a chance to amend family would be affected by both the earned rates. the bill. When we amend the bill, let’s income tax credit’s worsened marriage pen- The Republican bill would provide 100 alty under H.R. 8 and the reduced credit for cancel out the tax increase on the Air families with three or more children. In percent of Americans tax relief, includ- Force sergeant of $1,118 and let’s cancel total, the family’s earned income tax credit ing those top 2 percent. At what cost? out the tax increase on the Marine cor- would be reduced by $1,118 under H.R. 8. A trillion dollars added to the debt, poral of $448. Under the Senate-passed bill and the House number one. Number two, higher taxes Vote ‘‘no.’’ Democratic alternative, it would not be cut. on military folks and low-income folks [From the Center for American Progress, Here are the details: who would be hammered by the tax in- Aug. 1, 2012] Air Force sergeant (E5), eight years’ serv- creases in the Republican bill. ice, married with three children: HOUSE REPUBLICAN TAX BILL LEAVES SOME Why is that? There’s two reasons: Basic pay: $34,723 MILITARY FAMILIES BEHIND One, the underlying philosophy be- Earned income tax credit under current MILITARY FAMILIES WITH MODEST INCOMES tax policy and Democratic plan: $3,508 hind the Republican bill is that trick- COULD LOSE IMPORTANT TAX CREDITS Earned income tax credit under H.R. 8: le-down economics works. It is a propo- (By Seth Hanlon) $2,390 sition that says that the tax cuts that The House of Representatives today is Tax increase under H.R. 8: $1,118 go to the 2 percent, the highest-income scheduled to vote on a House Republican pro- A private in the U.S. Army (El) in his first Americans—who don’t need them—will posal (H.R. 8) that purportedly extends all year of service, who is married with an in- benefit 98 percent of Americans who tax cuts but actually raises taxes on about 25 fant child, would see a $273 tax increase don’t get them. There’s absolutely no million families by reducing certain tax under the Republican plan. credits. The 25 million families include mid- The child tax credit generally provides a evidence to back that up. Secondly, dle-class families and students who currently $1,000 credit per child. But the credit is only there’s a total doubling down on sup- benefit from a tax credit for college ex- partially ‘‘refundable’’ for families who do ply-side economics, trickle-down eco- penses. Others are parents raising children not have federal income tax liability in a nomics. on modest incomes who are helped by the given year. H.R. 8 would reduce the ability of Our bill basically has two propo- child tax credit and earned income tax cred- some low-income families to claim the cred- sitions: it. Some, as illustrated below, are members it. That is because the credit’s refundability Number one, if we’re going to work of the U.S. military and their families. is based on the level of a family’s earnings ourselves out of the biggest recession The competing Democratic proposal, which above a certain threshold—and H.R. 8 would that we’ve had since the Great Depres- has already passed the Senate (S. 3412/H.R. raise that threshold. 15), extends all income tax cuts for the 98 With basic pay of an estimated $18,196 in sion, we have to increase employment percent of families with incomes under 2013, the Army private’s family’s income is and we have to increase demand. $250,000 ($200,000 for singles), including these too low to owe federal income tax because of That’s why we’ve got to give pur- tax credits in their current forms. the standard deduction and personal exemp- chasing power to the vast majority of

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.035 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5544 CONGRESSIONAL RECORD — HOUSE August 1, 2012 low-income and middle Americans. should be more appropriately named making $250,000 a year should get con- That’s why we sustain the tax breaks the Job Prevention and Recession Pro- tinued tax breaks. We should pass that, that we’ve had in place since the Bush tection Act. as the Senate did. We know that can tax cuts were passed. We always hear talk about tax re- become law and guarantee those tax Number two, we have to pay down on form, but the only solution my col- breaks. The difference that we have is the debt and have money to invest in leagues on the other side of the aisle whether people making over $200,000 things like infrastructure, science, and have to offer is an extension of the single and $250,000 married get tax education. That’s a trillion dollars that failed policies that skyrocketed the breaks. They will get tax breaks on would be made available by going with debt and contributed to the current that amount of income but not on the the Democratic approach. state of the economy. My Republican income over that. We’ve been here before, trickle-down colleagues say their plan will create I have been blessed in my life, and I economics versus middle class commit- jobs. If that’s true, why didn’t it work have had sufficient monies to do the ment. during the Bush administration when things I want. But I have never made Mr. SCOTT of South Carolina. we lost millions of jobs? The Repub- $250,000 a year. I consider that a lot of Madam Speaker, I yield 2 minutes to lican philosophy always seems to be to money. the gentlelady from North Carolina, help the wealthy and give the back On the Democratic side, we call that Mrs. RENEE ELLMERS. hand to the middle class. middle class tax cuts. The reality is, in Mrs. ELLMERS. Madam Speaker, I So let’s put this in perspective: at my perspective, it’s upper-middle class thank my colleague for allowing me to the same time the majority demands tax cuts and middle class tax cuts. The speak on this very important issue we give the wealthiest a break, they only people at the top who are having today. cut Medicaid and Medicare, early edu- to pay a little more are the very I rise today in support of H.R. 8, cation programs, title X family plan- wealthy and predominantly million- which will ensure that we will not raise ning, and food stamps. The list goes on aires. taxes on our Nation’s job creators and and on. Madam Speaker, I would laugh When I grew up, a millionaire was harm our recovery. if this weren’t so tragic. somebody who had a net worth of $1 Madam Speaker, I would like to Our government should be about giv- million. Today it’s somebody who speak about one sector of the economy ing everyone a fair chance and making makes $1 million—rock stars, business that will be the greatest harmed, and sure that we help the middle class and tycoons, bankers. They can afford to that is our farmers. Our farmers pro- working people. Unfortunately, the pay it. They’re not spending that vide for our Nation and deserve our current Republican philosophy seems money. We need Americans who spend gratitude and protection from unneces- to make it easier for those who are al- their money to stimulate our economy. sary harm. In my district, thousands of ready ahead and more difficult for ev- We need purchasers. farmers and their families wait in fear eryone else. The Republican proposal So that’s why I am against the Re- that their homes and businesses will be would give our military soldiers a tax publican plan and for the Democratic destroyed by the devastating tax in- increase while giving millionaires and plan. It will activate our economy. creases on the horizon. And yes, I am billionaires a huge tax break. I thank the gentlewoman from New including the inheritance tax, or the That’s why I strongly support the York for yielding the time. estate tax, or, which I like to refer to Democratic substitute introduced by The SPEAKER pro tempore. The as, the ‘‘death tax,’’ which I think, all Congressman LEVIN. Our substitute is Chair will advise the gentleman from in all, needs to be repealed in full. in stark contrast to the billion-dollar South Carolina that he has 71⁄2 minutes Let’s just talk today about what will boondoggle proposed by the majority. remaining, and the gentlewoman from happen if we do not pass H.R. 8. Our proposal continues the tax cuts for New York has 91⁄2 minutes remaining. Our farmers will be forced to lay off the middle class and requires the Mr. SCOTT of South Carolina. workers, and they will be forced to sell wealthiest to pay their fair share, as Madam Speaker, I yield 1 minute to off equipment and land because that is well they should. Until we can have a the gentlelady from Kansas, Ms. LYNN where their investment is. meaningful debate about actual tax re- JENKINS. They will not be able to pass along to form, the Democratic proposal is the Ms. JENKINS. Madam Speaker, stop- their families the accomplishments only one worth supporting. ping the tax hike is not just about that they and their ancestors put for- Madam Speaker, I urge my col- taxes; it’s about jobs. Small businesses ward because most farms are family- leagues to oppose H.R. 8 and to support have been responsible for about two- owned businesses. What I am speaking the Democratic substitute. thirds of the new jobs created. Raising of is the inheritance tax going up. It Mr. SCOTT of South Carolina. I re- taxes on the so-called ‘‘rich’’ will hit will increase to—total asset income of serve the balance of my time. nearly 1 million of these businesses and $1 million, increase to 55 percent, cur- Ms. SLAUGHTER. I yield 2 minutes in this weak economy will risk de- rently at $5 million at 35 percent. You to the gentleman from Tennessee (Mr. stroying 700,000 jobs. can see that that would be devastating. COHEN). Is it worth it? Raising taxes simply As Steve Mitchell of Mitchell Farms Mr. COHEN. Madam Speaker, this allows Washington to spend more. If we in my district noted: week there was some disturbing news want to have a serious discussion about about Members of the House. One of reining in our out-of-control spending, It will be very hard for our son to carry on. We have paid taxes all our lives, and now our finest, longest-serving Members, I welcome that debate. But first we they want to tax us when we die. With the Mr. LATOURETTE of Ohio, a Republican, should do no harm to our fragile econ- value of our farm equipment these days, it announced he wasn’t going to run for omy. wouldn’t take long for a family farm to run reelection. He said he couldn’t run for Extending current rates gives us up against this limit. reelection because of the gridlock and time to pass our plan for comprehen- We are here today because our econ- the difficulty getting things done. sive tax reform without risking thou- omy and job creators continue to wait He was for income, revenue—not for sands of jobs and another recession. anxiously for real solutions. H.R. 8 will Grover Norquist’s pledge that most of CBO estimates that action will produce ensure that our family farmers, job the Republicans have signed. And be- 2 million jobs next year alone. creators will be protected. cause he was for revenue, which is The choice is clear. Let’s stop the tax what the Democrat plan is, in taxing hikes and create jobs. b 1320 the wealthiest and most financially Ms. SLAUGHTER. Madam Speaker, I Ms. SLAUGHTER. Madam Speaker, I blessed in this country, he gave up be- am pleased to yield 2 minutes to the am pleased to yield 2 minutes to the cause he said, you couldn’t get things gentlewoman from Texas (Ms. JACKSON gentleman from New York (Mr. ENGEL). done. That’s a shame. LEE). Mr. ENGEL. I thank my New York People ask, why is there partisan Ms. JACKSON LEE of Texas. Madam colleague and friend. gridlock? This is a perfect example. Speaker, although I have great affec- Madam Speaker, I rise today in The two sides agree that people mak- tion for the gentleman from South strong opposition to H.R. 8, which ing $200,000 a year or married couples Carolina, I am so enthusiastic that

VerDate Mar 15 2010 02:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.036 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5545 Ranking Member SLAUGHTER is man- in the House budget plan authored by House I have spoken to and heard from many fine, aging this bill. Budget Committee Chairman PAUL RYAN. patriotic, hardworking middle income Ameri- I rise in great opposition to H.R. 8, Their proposal states: cans from Houston, from the great state of but in enthusiastic support for H.R. 15. ‘‘The United States tax code is far too com- Texas, and all across the nation. Middle class This is a gift to America’s women, plex and bloated. It forces American citizens American families and small businesses are working women, mothers. and small business owners to focus on filling deeply concerned about our troubled econ- And let me give you the role: every out tax forms instead of tending to their fami- omy, the skyrocketing national deficit, high un- taxpayer will get tax relief on $250,000. lies and businesses. It is clear to lawmakers employment rates, job creation, and sorely That, by the evidence of this letter on both sides of the aisle that real, funda- needed extension of the tax relief and unem- from small businesses, will be 97, 98 mental reforms to our tax code are long over- ployment benefits set to expire at the end of percent of small businesses. And they due. In fact, our revenue laws have not been this month. are women—most of them, many of substantially reformed in 50 years,’’ Chairman The Republican bill temporarily extends for them—women who are in their homes DREIER said. one year, through 2013, all the reduced tax having a one-person small business, I couldn’t agree more with Chairman DREIER rates and other tax benefits enacted in 2001 women who have hired people in a five- but by putting a stranglehold on the tax reform and 2003 that are scheduled to expire on Dec. person small business, women who are process before we even begin is tantamount 31. The measure maintains the maximum es- thinking of getting ready to start their to forcing debate on any tax reform bill while tate tax rate of 35 percent while retaining the small businesses. potentially limiting input. exemption amount of $5 million, provides a Then, of course, the child tax credit. H.R. 6169 lays out several components that two-year ‘‘patch’’ to prevent the alternative What a boon for working mothers and the tax overhaul legislation must have in order minimum tax, AMT, from hitting over 27 million others who need that desperate relief. to be passed through the easier legislative taxpayers and allows small businesses to de- And then, of course, the marriage tax procedure. duct an increased amount of their capital ex- relief. EITC, if you come from the gulf All of these components seem identical to penditures for another year. region, we were saved by the earned in- those laid out in the Ryan Plan that we wit- I feel like we have been down this path be- come tax credit for Hurricane Katrina nessed in the Spring—it’s like a bad B movie fore and I recall many of my colleagues stak- victims. They were able to get some rerun. ing a claim to fiscal responsibility. Well, I ask minimal relief to carry them through. The required components of the tax over- in all sincerity, which bill is more fiscally re- The higher education tax credit. The haul include: sponsible: H.R. 8, which blows a hole in the replacing the personal income tax rates with adoption tax credit. And as I indicated, deficit, or H.R. 15, the Democratic alternative just two rates, 10 percent and 25 percent (or the child care tax credit. A tax credit, which keeps the Bush Tax rates in place for as well, for expensing in small busi- less) repeal of the Alternative Minimum Tax, AMT the people who truly need tax relief. nesses. reducing the statutory corporate income tax This is the same Republican Congress What are my colleagues and my rate to 25 percent (or less) which has asked for a balanced budget friends on the other side talking about? adoption of a ‘‘territorial’’ tax system (ex- amendment. It has codified the Joint Select A job-killing, economy-killing, deficit- empting offshore profits of corporations from Committee on Deficit Reduction, which is pos- busting H.R. 8 is not the way to go. U.S. taxes) sibly unconstitutional, and has had no impact So I am enthusiastically here to tell collecting revenue equal to between 18 and on jobs and the unemployment problem. Yet the women of America that this is a 19 percent of GDP today they want us to vote on a tax increase vote for you today. Those women who The ‘‘findings’’ section of the bill states that for the top 2 percent. This illustrates what hap- get up every day, who design a way to revenue will ‘‘rise to 21.2 percent of GDP pens when Congress does not work together make a living when there is no job— under current law,’’ meaning its proposed rev- in a bipartisan manner, laboring for the Amer- these women, along with men, who enue target of between 18 and 19 percent of ican people. We must work together and com- have come into understanding what GDP is an explicit cut in revenue. promise. small business can do for America. Like the Republican Plan, the bill introduced The Senate gave us a layup by producing a I’m excited because I consider the by my colleagues Ways and Means Chairman bill last week which is virtually identical to the 18th Congressional District to be a host CAMP and Rules Committee Chair DREIER, Democratic Substitute. All we have to do is act of small businesses. Everywhere I go, does not say which tax loopholes and tax sub- like Olympians and pass it. individuals are talking about their sidies should be closed to ensure that the tax The American people are asking the Presi- small businesses. system still collects revenue equaling between dent and Members of Congress to move swift- The SPEAKER pro tempore. The 18 and 19 percent of GDP even after the ly and take decisive action to help restore our time of the gentlewoman has expired. plan’s steep rate reductions and the repeal of economy in a fiscally responsible manner. I Ms. SLAUGHTER. I yield the gentle- the AMT are in effect. am disappointed that Republicans have in- woman an additional 10 seconds. My sense is that even if those with incomes sisted on holding tax cuts for working and mid- Ms. JACKSON LEE of Texas. I will exceeding $1 million were forced to give up all dle class families’ hostage in order to benefit submit into the RECORD, Madam the tax expenditures RYAN could possibly want the wealthiest 2 percent of Americans. Speaker, a letter from small businesses to take away from them—all their itemized de- I would like to thank President Obama for of the Main Street Alliance opposing ductions, tax credits, the exclusion for em- his determined leadership, support and com- H.R. 8 and supporting this legislation ployer-provided health insurance and the de- mitment to protecting important tax relief the Democrats are offering. duction for health insurance for the self-em- issues for middle-income Americans and the This is a celebration for women. This ployed—even then the net result for these tax- nation’s small businesses and farmers during vote today will enhance opportunities payers would be an average income tax cut of these challenging economic times. I would for women, small businesses, and fami- $187,000 in 2014. also like to thank all the Members and their lies across America. That’s because the income tax rate reduc- staff who worked diligently to bring this essen- Madam Speaker. I rise in strong opposition tions RYAN proposed are so deep that they tial legislation to the House floor today in an to H.R. 8 and H.R. 6169, and ask my col- would far outweigh the loss of all these tax attempt to do all that we can to protect the leagues on both sides of the aisle to come to- loopholes and tax subsidies. American people and move this nation toward gether in support of regular order for any pro- I have consistently supported and voted for fiscally responsible economic recovery. posed tax legislation, whether it comes to the middle class tax cuts, as I did two years ago I support those provisions of H.R. 8 which House Floor today, tomorrow, or next year. when I voted for the Middle Class Tax Relief provide relief for middle-class families and The Rule before us is structured and I note Act of 2010, and the extension of unemploy- small businesses who will see their taxes go that is titled H. Res. 747, but unlike the jet- ment benefits. down and get much needed certainty. But I liners that we Americans use every day, this I am deeply saddened that the fate of un- cannot in good conscience support tax relief bill and the Rule are not yet ready for take-off. employed, low and middle income Americans for millionaires and billionaires at a time when House Republicans released a proposal, has been held hostage by the insistence by others need help just to make ends meet. H.R. 6169, that would relax some of Republicans that this legislation include a Unlike those provisions of H.R. 8 which ben- Congress’s normal procedural rules in order to giveaway to the wealthiest 2 percent of Ameri- efit America’s struggling middle class, I do not enact an overhaul of the tax code—so long as cans that is going to irresponsibly expand the support the provisions of this legislation which the tax overhaul meets the objectives laid out already large deficit. condition that desperately needed relief upon

VerDate Mar 15 2010 05:43 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K01AU7.039 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5546 CONGRESSIONAL RECORD — HOUSE August 1, 2012 the unconscionably high cost of providing an Seven percent of teachers surveyed said not profit at the expense of programs keeping unnecessary, expensive giveaway to the they plan to spend more than $1,000 of their struggling families from poverty. wealthiest Americans by providing a 2-year personal finances on supplies. As education Bear in mind, the Republican’s 2012 budget extension of Bush-era tax cuts for the wealthi- budgets face major shortfalls in the recession, cut $2 trillion dollars more than President est 2 percent of Americans while keeping their that amount is expected to increase signifi- Obama’s Debt Commission advised, and estate tax rate at 35 percent on estates valued cantly. those cuts come from vital social services and at more than $5 Million for individuals and Beginning in 2002 the IRS allowed for an safety nets for low-income families, children more than $10 Million for couples. above-the-line deduction for classroom ex- and seniors. These giveaways to the wealthiest Ameri- penses of up to $250. The educator expense Tax expenditures also reduce the econo- cans during these dire economic times need- deduction allows teachers to write off some my’s productivity because decisions on earn- lessly add billions of dollars to our sky- expenses that they incur to provide books, ing, spending, and investment are driven by rocketing deficit yet create no value for our ail- supplies, and other equipment and materials tax considerations rather than the price signals ing economy since these tax cuts are not tied for their classrooms. I introduced this amend- that a well-balanced, and fair free market to job creation and preservation. ment and would like to acknowledge the work economy produces. These expenditures, ESTATE TAX AMENDMENT of my colleagues who have put forth legisla- whether for individuals or corporations, are I offered an amendment that would have set tion advocating this deduction. America’s really no different than the much ballyhooed the Estate Tax at reasonable levels. My teachers from Texas to Maine to Florida to entitlement programs, but they have cute amendment would have allowed estates val- Washington deserve our renewed appreciation names and fancy lobbyists. ued at $3.5 million or less to pay 35 percent, for their commitment to educating future gen- Moreover, tax expenditures make the tax estates valued between $3.5 million and $10 erations. system excessively complex for honest tax- Our children should not have to suffer be- million to pay a 45 percent rate, and estates payers who are trying to comply with the law cause our teachers are given a Hobson’s over $10 million to pay a 55 percent rate. This while seeking the benefits to which they are Choice, forced to choose between using their commonsense amendment would have re- legally entitled. own finances to effectively teach a class or stored a sense of fairness to H.R. 8. The system is so complex that most tax- According to the Center on Budget and Pol- forced to cut corners due to budgetary restric- payers—even those with low incomes—now icy Priorities, the 2009 estate tax rules already tions. We promote an increased quality of use either a professional tax preparer or tax education by lessening the financial burden on are extremely generous, tilting in favor of the software. A one-page form shouldn’t require a them when they are trying to go above and wealthy. The Tax Policy Center estimates that tax preparer who earns a percentage of the beyond their responsibilities is certainly war- if policymakers reinstated the 2009 rules: return, or a fee. The estates of 99.7 percent of Americans ranted. It is not justifiable, especially when some While I am opposed to the portions of H.R. who die would owe no estate tax at all in commentators like to point out that a number 8 that amount to an expensive giveaway to 2013. Only the estates of the wealthiest 0.29 of taxpayers pay no tax—well they somehow the wealthiest 2 percent of Americans, I want percent of Americans who die—about 7,450 conveniently forget to mention that these tax to emphasize that I fully support job-creation people nationwide in 2013—would owe any scofflaws making $30,000 dollars a year more and job creators. I also support President tax. than make up for it with a long list of regres- Obama’s vision for change. I share his com- Moreover, under the 2009 rules, the small sive taxes at the state and local level. mitment to fighting for low- and middle-income number of estates that were taxable would The alternative minimum tax, or AMT, was Americans who are the backbone of this coun- face an average effective tax rate of 19.1 per- initially designed to ensure that all high-in- try and our economy. cent, far below the statutory estate-tax rate of However, this legislation, H.R. 8, especially come taxpayers paid some income tax, has 45 percent. In other words, 81 percent of the as it pertains to tax cuts for the top 2 percent become the poster child for the tax system’s value of these estates would remain after the of Americans and estate tax provisions that failure, requiring Congress to enact increas- tax, on average. An estate tax that exempts are regressive and inflate the deficit, does not ingly expensive temporary patches to prevent the estates of 997 of every 1,000 people who comport with this vision. I have serious mis- the AMT from encroaching on millions of mid- die and leaves in place an average of 81 per- givings about extending tax cuts for the dle class households particularly those with cent of the very wealthiest estates is hardly a wealthiest Americans at the expense of our children, in a web of pointless high tax rates, confiscatory or oppressive tax. deficit, especially if these tax cuts are not tar- complexity, and unfairness. Moreover, only 60 small farm and business geted towards job creation. On the deficit reduction front it is important estates in the entire country would owe any to remember the economic crisis that the DEFICIT AND TAXATION estate tax in 2013, under a reinstatement of You may recall that in the Budget, the Ad- President inherited. I remember back in 2008 the 2009 rules, and these estates would face ministration calls for individual tax reform that: and 2009, when we experienced the worst re- an average effective tax rate of just 11.6 per- cuts the deficit by $1.5 trillion, including the cession since the Great Depression. The cent. Failing to tie tax cuts to job creation is expiration of the high-income 2001 and 2003 economy actually contracted, it shrunk, at a irresponsible since it exacerbates our growing tax cuts. As a matter of sound fiscal policy, I rate of almost 9 percent in the fourth quarter deficit without bolstering job creation. am supportive of this effort. I recognize the of 2008. My amendment does not address the step- putative economic benefits that many attribute We lost 800,000 private-sector jobs in Janu- up in basis. The exemption level and rate are to the Bush Tax Cuts, but we must ask our- ary of 2009 alone, and unemployment was consistent with parts of the estate tax proposal selves are they affordable? There is no surging. Those are the conditions the Presi- included in the President’s FY2010 and amount of dynamic scoring that will help pene- dent inherited—the car was swerving into the FY2011 Budgets and H.R 16, the intelligent trate the deficit. ditch. He was not the driver, but he was asked estate tax proposal being put forth by my col- The President’s budget also eliminated inef- to come in on literally his first day of office, league Mr. LEVIN of the Ways and Means ficient and unfair tax breaks for millionaires roll-up his sleeves and figure out how to pre- Committee. while making all tax breaks at least as good vent the car from rolling farther down the hill. CLASSROOM EXPENSE DEDUCTION AMENDMENT for the middle class as for the wealthy; and If you’ll recall we also faced a housing market My second amendment would have pro- observes the Buffett Rule that no household that was in crisis, and we faced a financial vided tax relief to school teachers by providing making more than $1 million a year pays less market crisis as well that threatened to set off them a deduction for qualified out-of-pocket than 30 percent of their income in taxes. a global financial collapse. We have come a classroom expenses of $250 dollars, whether The individual income tax is a hodgepodge long way since then yet there is more work to or not they itemize their deductions. You may of deductions, exemptions, and credits that be done. recall Mr. Speaker that the President included provide special benefits to selected groups of The cloud looming over this Congress is an this proposal in his Budget for Fiscal Year taxpayers and favored forms of consumption unintended ‘‘triple-witching hour’’ of tax in- 2013. and investment. These tax preferences make creases that will take effect at the beginning of I understand the tremendous personal costs the income tax unfair because they can im- 2013. incurred by educators with little or no class- pose radically different burdens on two dif- The expiration of the Bush Tax Cuts, the room budget. According to a 2006 National ferent taxpayers with the same income. In es- end of the recently extended Payroll Tax Cut, School Supply and Equipment Association Re- sence, Congress has been picking winners and increases in capital gains and dividends tail Awareness Study, teachers spend an aver- and losers. taxation will shock the conscience and wallets age of $493 out of pocket on school supplies There is absolutely no justification for huge of the American people. That is why Congress for their own classrooms. tax cuts. The wealthiest tax brackets should needs to enact bi-partisan legislation that

VerDate Mar 15 2010 02:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\A01AU7.015 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5547 helps lower the deficit but does not wreck fairs, Cooper City, FL; Ron Dinsdale, Falmouth, ME; Emery Goff, The Old havoc on the financial soul of the middle Midvale Pinacotheca, Huxley, IA; Barn Annex Antiques, Farmington, class. Laura Schlegel, Mario’s Mondo Cafe, ME; David Hutchinson, Checkout Con- But again, tax reform that lowers the rate, Chicago, IL; Iris Marreck, Iris B. venience Stores, Glenburn, ME; Doris Branding & Communications, Luther, Mediation & Conflict Resolu- reduces the deficit, and does not pick winners Northfield, IL; Maude Varela, tion Services, Hollis, ME; Edward and losers is not easy, but let’s not forget, if Kidutopia, New Orleans, LA; Thomas Walworth, MD, Retired Surgeon, President Reagan and then-Speaker Tip Dougherty, Pancro Cinema Products, Lewiston, ME; Mallory Hattie, Raising O’Neill could do it in 1986, anything is pos- Grass Valley, CA; Marian Gallagher, Canine Maine Dog Training, Buxton, sible. Nube de Helado Software, Inc., San ME; Scott Cronenweth, Freelance writ- The so-called ‘‘99ers have been sincerely Diego, CA; Jena Schill, Hair stylist, er, Cape Elizabeth, ME; Sandra Fayle, looking for work for a very long time and have Ames, IA; James Berge, Berge Farms, Faraway Antique Shop, East Kensett, IA; Kristin Aufmann, run out of resources to provide for their fami- Millinocket, ME; Kathryn Gannon, Aufmann Associates, Ltd., Mount Pros- Gannon-Janelle Interiors, Falmouth, lies and pay their mortgages, pay their bills pect, IL; Kyle Schulz, Kar-Fre Flowers, and buy food. They simply want and need a ME; Sandra Stanton, Artist, Farm- Sycamore, IL; Brian England, British ington, ME; Beth Labaugh, Kennebec job to pay for these obligations. H.R. 8 pro- American Auto Care Inc., Columbia, Therapeutics, Fayette, ME; Elizabeth poses to give tax cuts to the wealthiest Ameri- MD; Timothy Larive, Larive Appraisal Beane, Clinical Social Worker, Private Services, Mount Shasta, CA; Laurie cans, yet fails to provide for the so-called Practice, Gorham, ME; Gary McGrane, Chadwick, Bed and Biscuits, Santa ‘‘99ers.’’ GT McGrane Builders, Jay, ME; Craig Cruz, CA; Natalie Dinsdale, TaDah H.R. 8 unfortunately is not ready for prime- Saddlemire, Round Point Movies, Salon, Ames, IA; ReShonda Young, Lewiston, ME. time. Alpha Express Inc, Waterloo, IA; David Mike Relac, Fox Hill Associates, Inc., THE MAIN STREET ALLIANCE, Borris, Hel’s Kitchen Catering, North- Limington, ME; Cheryl L. Wilder, Pine Seattle, WA, August 1, 2012. brook, IL; Mary Noel Black, The UPS To: Members of the U.S. House of Represent- Store @ Citiplace, Baton Rouge, LA; Street Redemption Center, Madison, atives. Catherine Cretu, Anaconda Press, Inc., ME; John Sweet, Sweet Timber Re Small business support for ending the Forestville, MD. Frames, Mount Desert, ME; Marla extra Bush tax cuts for the top 2 percent. Jerry Alexandratos, Alexandratos Rental Bottesch, Snowbound Books, Norridgewock, ME; Dotty Caldwell, DEAR REPRESENTATIVE: As small business Properties, Frederick, MD; Timothy Dorothy Caldwell, LCPC, Penobscot, owners, we urge you to end the special Bush- Floyd, Floyd Consulting, Augusta, ME; ME; Elizabeth Della Valle, Elizabeth A era tax cuts for the top 2 percent of income Halcyon Blake, Halcyon Yarn, Inc., Della Valle, AICP, Portland, ME; Joel earners, or household income over $250,000 a Bath, ME; Jerry Provencher, MRPS, Bolton, Internet Island Web Develop- year. This is the right thing to do for small Bath, ME; Beverly Evans Messer, Elec- ment, Portland, ME; Jennifer Lunden, businesses, our local economies, and Amer- trolysis by Bev, Belfast, ME; Jim The Center for Creative Healing, Port- ica. Riley, Black Dog Services, Berwick, The debate over the Bush tax cuts has been ME; Alexander Jackimovicz, land, ME; Abi Morrison, Red Bird Acu- clouded by claims that ending special breaks Jackimovicz Electric, Boothbay, ME; puncture, Rockland, ME; Scott for the top 2 percent of income earners would Gloria Coomer, Solarmarine LLC, Gaiason, Bear Wood, Lisbon Falls, ME; impact many small businesses. As small Brooksville, ME; Steven Klockow, Susan D’Alessandro, Maine Nature & business owners, we know these claims don’t Healing Relationships, Brunswick, ME; Nostalgia, Millinocket, ME; Jessie square with the facts. Amy Smith, Social Insight, Arrowsic, Greenbaum, Therapeutic Massage, In reality, only a tiny fraction—roughly 3 ME; Gary Friedmann, Bar Harbor Com- Mount Desert, ME; Irja Frank, Frank percent—of all American taxpayers who re- munity Farm, Bar Harbor, ME; George Translations, Orono, ME; Cynthia L. port any form of business income on their Waldman, MainePhotoJournalism.com, Cochran, Cynthia L Cochran, CPA, personal tax returns would be impacted by a Bath, ME; William Savedoff, Social In- Portland, ME; Martha Fenton, Free- change in tax rates for income over $250,000. sight, Bath, ME; Dr Rebekka Freeman, lance writer, Portland, ME; Cecile Even this small fraction includes hedge fund Partners for Change, Belfast, ME; Pa- Deroche-Cain, Musician, Portland, ME; managers, high-powered corporate lawyers, tricia Vigue, Music Plus, Biddeford, Mary Zarate, Z Fabrics, Portland, ME; and K Street lobbyists, so the number of real ME; Joan Lee Hunter, Fifth House Ginger Woods, Self-employed, small businesses affected is even fewer. Lodge Writers’ Retreat, Bridgton, ME; Rumford, ME; Elizabeth Como, Winter Furthermore, the ‘‘trickle down’’ theory Harold Roberts, Coryell Clayworks, Journeys, Lovell, ME; John Ackerman, used to justify extra tax cuts at the top sim- Brunswick, ME; Moreen Halmo, Psy- Residence, Mount Desert, ME; Winston ply doesn’t work. When the Congressional chologist, Brunswick, ME; Bill Tib- Mctague, Jr, Mctague Logging, New- Budget Office examined close to a dozen op- betts, Brookside Auto Repair, Augusta, port, ME; Geno Scalzo, Shipwright, tions to jumpstart economic activity and job ME; Emily Henry, Chickadee Hill Owls Head, ME; Gary Ameika, Dune creation in early 2010, it found that extend- Flowers, Bar Harbor, ME; Michael Marketing, Portland, ME; Dr. Wendy ing special tax breaks for the richest Ameri- Kelly, Michael Thorne Kelly, Inc., Pollock, Inner Shores, Portland, ME; cans was the least effective of all 11 options Bath, ME; Susan Lubner, Yoga in Bath, Barbara McKim, Psychologist—Private for creating jobs and boosting the economy. Bath, ME; Carol P. Gater, Wealthy Practice, Portland, ME; Joanne Finally, claims about how ending these Poor House B&B, Belfast, ME; Frank Dunlap, Mo’s Variety, Rangeley, ME; special tax cuts will impact job creation ig- Svatek, Photographer, Biddeford, ME; Susan Littlefield, Echo Farm Pottery, nore the most basic fact about what drives Ken Converse, Quality Images, Saco, ME. small business hiring. Customers drive small Bridgton, ME; Daniel Atkins, Fine Mattthew B. Westerlund, Matt business hiring, not tax cuts. We hire when Blade Carpentry, Brunswick, ME; Rob- Westerlund Financial Services, San- we see opportunities, when demand exceeds ert Theberge, RC Theberge GC, Inc., ford, ME; Shahzad Kirmani, the capacity of our current workforce, not Brunswick, ME. VisionMaster, Inc., Scarborough, ME; because of a tax cut on our take-home in- Laurie Garrec, Westcon Mfg Inc, Bruns- Frank Ridley, Different Drummer come. wick, ME; Anna Dembska, Publishing, Workshop, Solon, ME; Priscilla Skerry, Small businesses need more customers. Camden, ME; Mark Braun, Mark Healing Routes, South Portland, ME; How do we get there? Build roads and Braun, MD, Cape Elizabeth, ME; David Ann Breeden, Spring Woods Gallery, bridges, invest in education, hire teachers A. Woolsey, David Woolsey Sullivan, ME; John H. Noyes, The Pic- and first responders—this will create local Violinmaker, Ellsworth, ME; Melanie ture Framer, Inc., Topsham, ME; Earl jobs, inject money into local economies, and A. Collins, Melanie’s Home Childcare, Morse, Waterford Design, Waterford, bring more customers into our businesses. Falmouth, ME; William Berlinghoff, ME; Bill Nave, Bill Nave Consulting, But we won’t have the resources to do these Oxton House Publishers, LLC, Farm- Winthrop, ME; Mary Campbell, Every- things if we take the nearly $1 trillion we ington, ME; Nancy Glista, Glista Jew- day Wines, Ann Arbor, MI; Edwin would raise from ending the extra tax cuts elry, Franklin, ME; Carson Lynch, The Farrarr AE Profit Solutions, Scar- for income over $250,000 and hand it right Gorham Grind, Gorham, ME; Steve borough, ME; Joe Thompson, Salt Pond back in another giveaway to the top. Workman, Workman Management Con- Rowing, Sedgwick, ME; Bonnie Jack- We urge you to stand with real small busi- sulting, Kittery, ME; Jennifer Porter, son, Bonnie Jackson Remodeling, nesses and end the special Bush tax cuts for Honey Tree Films, Buxton, ME; Con- South Portland, ME; Artis Bernard, the top 2 percent. stance Jordan, Behavioral Health Re- Inleaf Press, South Portland, ME; Ei- Sincerely, sources, Cape Elizabeth, ME; Mary leen Mielenhausen, Healing & Expres- Charles Carter, Boy Genius World Pro- Ellen Serina, Paradise Studio, East sive Arts Retreats of Maine, Surry, ductions, Eureka Springs, AR; William Boothbay, ME; Edward Grohoski, Ed’s ME; Seth Hall, S & J Llama LLC, Wallin, Wallin Mental Medical, Rich- Electric Inc., Ellsworth, ME; Ned Waldoboro, ME; John O’Donnell, Tilton mond, CA; Penny Shaw, Financial Af- Kitchel, Quaker Marine Supply Co, & O’Donnell Law Offices, Waterville,

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.019 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5548 CONGRESSIONAL RECORD — HOUSE August 1, 2012 ME; David Mercer, Mercer & Sons, Yar- Texas, Dripping Springs, TX; Ben the gentleman from Iowa, Mr. STEVE mouth, ME; Steve Koch, Midnight Se- Knudsen, DIGS, Bellingham, WA; Rick KING. curity & Communications Inc, Flint, Van Heel, Music Machine, Kennewick, Mr. KING of Iowa. I thank the gen- MI; Allegra Kirmani, Heart Art Stu- WA; Consuelo Gomez, Marty K Inc., tleman from South Carolina for yield- dios, Inc, Scarborough, ME; Pat Mercer Island, WA; Randy Eakman, Berger, The Pond, Sidney, ME; Georgia ing and for leading this reform debate Finish Craft, Pasco, WA; Sarah for real tax reform. Williamson, Georgia Deveres Studio, Stegner, Again and A Gain, Seattle, In the time I came to this Congress, South Portland, ME; William Clarke, WA. CIMPAC INC, St George, ME; David Eli Reich, Alchemy Goods, Seattle, WA; I have made the pledge that I would Hynd, Carpentry, Thomaston, ME; Beth Sanders, Athena Video Arts, Se- push for tax reform. I believed at the Mitch Kihn, Mid-Maine Forestry, War- attle, WA; Dan McComb, BizNik, Se- time that the debate that had been ren, ME; Tori Stenbak, Stenbak Law attle, WA; Jody Hall, Cupcake Royale, taking place in this Congress over the Offices, PA, Westbrook, ME; Chris Seattle, WA; Laureen Kelly, Einstein preceding years would flow into the fol- Barbour, Barbour Computing, York, Signs, Seattle, WA; Frank Taylor, lowing years. ME; Mary Bridge, Hip Hoopla LLC, Frank’s Barber/Salon, Seattle, WA; I remember the inspiration that Chesterfield, MO. Kathryn Hooks, J.O.Y Unlimited, Se- James Hoffmann, Hoffmann/Morgan Ar- came when Billy Tauzin and Dick attle, WA; Tarek Gelate, Lucy Ethio- Armey went around the country and chitects, Missoula, MT; Elizabeth pian Restaurant, Seattle, WA; Beckie Wood, Crossroads Veterinary Clinic, debated tax reform between the flat Lindley, Merry Tails & Dog Alley, Se- Cortland, NY; Ann Stanley, Radiant tax and the Fair Tax. I don’t ever re- attle, WA; Valeriy Arrymanon, Health Acupuncture and Massage, Alliuan, Inc, Seattle, WA; Ed Whitfield, member anyone debating in favor of LTD, Bend, OR; Michael O’Shea, Tif- BBQ Pit, Seattle, WA; Nicole Miller, the Fair Tax having lost that debate. fany and O’Shea, Inc, Happy Valley, Blackbird, Seattle, WA; Keith But we had a real tax reform debate. OR; Karen Mccarthy, Madras Garden And in this time—and I have pushed Depot, Madras, OR; Vincent Alvarez, Gormezano, Dr. Quick Books, Inc., Se- Peanuts on the Half Shell, Milwaukie, attle, WA; Peter Aaron, Elliott Bay in my time in this Congress—I can OR; Thomas Karwaki, CAI, Portland, Book Company, Seattle, WA; Eduardo think of only one time that we have OR; Michael Schulte, Joe’s Garage, Revelo, Guaracos Tacos, Seattle, WA; had a serious debate on tax reform, and Portland, OR; Steve Hanrahan, Mir- Yong Kim, Jackson Cleaners, Seattle, that was at a time when we had some ador Community Store, Portland, OR; WA; Malia Keene, Magpie, Seattle, WA; debate, and I testified before the Ways Kent Watson, Kent Watson & Associ- Mary Clark, Merryweather Books, Se- and Means Committee in favor of a na- attle, WA; Annie Davis, Annie’s Nan- ates, Missoula, MT; Freddy tional sales tax. Castiblanco, Terraza 7, Elmhurst, NY; nies Inc, Seattle, WA; Joline El-Hai, Bella Luz Studio, Seattle, WA; Joshua This rule that’s before us expedites Kate Lindburg, Animal Crackers Pet this debate. It expedites the consider- Supply, Corvallis, OR; Peter Bluett, Huisenga, Chalkbox Creative, LLC, Se- Pete Bluett Sculpture, Lake Oswego, attle, WA; Berhane Amanuel, East Af- ation of a bill providing for comprehen- OR; Barbara Byram, Barbara Byram rican Imports, Seattle, WA; JK sive tax reform. And I look at the con- Consulting, Medford, OR; Jim Gilbert, Burwell, Family Heritage, Seattle, WA; ditions that are in here. There are five Northwoods Nursery, Molalla, OR; Theo Martin, Island Soul, Seattle, WA; conditions that are written in, and the Sherry Dirks, Gray Bear Construction Heather Caldwell, Kismet Salon, Se- Fair Tax meets all of those conditions, Co., Portland, OR; Samuel Pardue, attle, WA; Terry, Many Many Moons, I think, by design. Lensbaby, Portland, OR; Peter Rossing, Seattle, WA; Jack Burg, Montlake I am looking forward to an open de- Muse Art and Design, Portland, OR; J. Mousse, Seattle, WA; Dale Russ, Morn- bate that will take place at least with- Kelly Conklin, Foley-Waite Associates ing Dew Productions, Seattle, WA; Mo- Inc, Bloomfield, NJ; Greg Nickle, hammed Almatn, Professional Copy/ in the Ways and Means Committee and Nickle & Associates, Tulsa, OK; Brian Print, Seattle, WA; Wasif Qadri, hopefully come here to the floor. It McDonald, Gresham Music, Gresham, Shalimar Indian/Pakistani Cuisine, Se- says to me, as I look at this rule, that OR; Karen Alexander-Brown, Wind attle, WA. the legitimate proposals that would Song at the Sea Gypsy, Lincoln City, Brian Wells, Tougo Coffee, Seattle, WA; come for real tax reform will be in OR; Mark Kellenbeck, BrainJoy LLC, Anil Shrestha, University Food & Deli, order before the Ways and Means Com- Medford, OR; John Mullin, Amallegory Seattle, WA; Mari Cook, Voyeur, Se- mittee. Productions, Oregon City, OR; Bruce attle, WA; Steven Hall, MD, Steven M. So I encourage those committee Chaser, Hawthorne Wellness Center, Hall, MD, Snoqualmie, WA; Eben Cole, members, as this expedited debate Portland, OR; Moses Ross, M. J. Ross Cole Music Co, Spokane, WA; Jason Group, Inc., Portland, OR; Deborah and Berg, Infinity Fitness, Spokane, WA; takes place, to bring your reforms to John Field, Paperjam Press, Portland, Carl Medeiros, Panache Clothing, Se- the Ways and Means Committee. Bring OR. attle, WA; Eduardo Marlo, Puerto them in the form of amendment. Let’s Judith Wallace, Serenity Shop, Portland, Vallarta Mexican Restaurant, Seattle, have a real debate. Let’s put the Fair OR; Brian Setzler, CPA, TriLibrium, WA; Jason Grimes, Spin Cycle, Seattle, Tax up against everything else. Portland, OR; Hank Keeton, Keeton WA; Mohammed Toure, Toure Apparel, Corporation, Scotts Mills, OR; Aylene Seattle, WA; Lois Ko, University b 1330 Geringer, The Chocolate Box, Haagen Dais, Seattle, WA; Park, West- And I have done that now since about Silverton, OR; Gary Mazzilli, ern Beauty Supply, Seattle, WA; Mark 1980. And even though I have lost a cou- Outsource Estimating Inc., Hayes, VA; Gerard, Advanced Radon, Spokane, Chuck Robinson, Village Books, Bel- ple of debates with my wife and some WA; John Frian, Frian Farms, Spo- with my family, and even one or two lingham, WA; Robert Jekel, Parkade kane, WA; Nate Coming, Mark’s Guitar Hobbies, Kennewick, WA; Diana Shop, Spokane, WA; Pirkko Karhunen, with my staff, I’ve never lost a debate Thompson, Harmony SoapWorks, Pirkko, Seattle, WA; Ben Jenkins, on the fair tax because the American Ocean Park, WA; Dan Emerson, Sum- Shadowland, Seattle, WA; Ryan people understand this—right now, the mit View Pet Clinic, Puyallup, WA; Ta- Calkins, Statements, Seattle, WA; Kirk Federal Government has a first lien on mara Maher, Tamara B Maher PC, Strong, University Ave Barber, Se- all productivity in America. If you Portland, OR; Jack Coelho, Vital Body attle, WA; Andrew Park, University punch a time clock on Monday morn- Studio, Portland, OR; Victor Madge, Teriyaki, Seattle, WA; Deborah Cziske, Architecture, Silverton, OR; Terrell ing, just imagine, Uncle Sam is stand- Cascade Industrial Supply, Shoreline, ing there by that time clock. When it McDaniel, Hughes McDaniel and Asso- WA; Michael Bonnes, Brooklyn Deli, ciates, Hendersonville, TN; Diane Spokane, WA; Rick Ericksen, Halpins, goes thunk, his hand goes out and he Middaugh, Quik Tan, Bellevue, WA; Spokane, WA; Larry Lent, Mr. J’s Take gets into his hand what he wants until Dante Montoya, Dante Lee Montoya & Bake Pizza, Spokane, WA; Janine he gets his share, and then he puts it in CPA, Kennewick, WA; Allan Willis, Vaughn, Revival Lighting, Spokane, his pocket and you get to keep what’s Tri-City Music, Kennewick, WA; WA; Mollie Fenton, Fenton/Stahl Gal- left. Carolyne Hart, Olympia Frameworks, lery, Walla Walla, WA; James Kytonen, Let’s change the tax from production Olympia, WA; Laura Waite, Jay’s Pro- Violin Works, Spokane, WA; Wayne to consumption. Let America grow, let fessional Automotive, Renton, WA; KB Chabre, Wayne Chabre Sculptor, Walla Mercer, Traveling Lantern, Portland, America breathe, to quote the Con- Walla, WA; Rob Robinson, Building Dy- gressman from Pennsylvania. OR; Jose Gonzalez, Tu Casa real Es- namics LLC, Walla Walla, WA. tate, Salem, OR; Jason Freilinger, Ms. SLAUGHTER. Madam Speaker, I Freilinger Electronics, Inc., Silverton, Mr. SCOTT of South Carolina. would like to inquire of my colleague if OR; Martha Eberle, WildWoods of Madam Speaker, I yield 21⁄2 minutes to he has further speakers?

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.021 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5549 Mr. SCOTT of South Carolina. I have and serving the wealthy at the expense wise, we will all just end up in the one. of the middle class, we should be mak- squishy, nebulous middle. And America Ms. SLAUGHTER. I reserve the bal- ing the Tax Code more simple and fair isn’t about being mediocre. America is ance of my time. and asking everyone just to pay their about being the best, the strongest, Mr. SCOTT of South Carolina. fair share. Our proposed middle class and the leader of the free world. Let’s Madam Speaker, I yield 1 minute to tax cut would be a great first step to- stay there as a Nation. the gentleman from Texas (Mr. wards doing just that. AMENDMENT OFFERED BY MR. SCOTT OF SOUTH FARENTHOLD). In addition, Madam Speaker, if we CAROLINA Mr. FARENTHOLD. Madam Speaker, defeat the previous question, I will Mr. SCOTT of South Carolina. I thank my freshman colleague from offer an amendment to the rule to give Madam Speaker, I move to amend the South Carolina. the House a vote on H. Res. 746, which resolution with the amendment I have I rise today in support of this rule. would prohibit us from going home placed at the desk. America has waited long enough for until the President signs middle class The SPEAKER pro tempore. The the uncertainty over taxes to go away. tax cuts into law. Otherwise, we will be Clerk will report the amendment. This rule gives us the opportunity to going home perhaps tomorrow with The Clerk read as follows: avoid a huge tax increase and gives us that undone. Add the following new section: the opportunity to have that debate There is no excuse for Congress to go SEC. 10. (a) In the engrossment of H.R. 8 about a fairer, flatter, simpler tax that on summer vacation at the end of this the Clerk shall— the American people want and need week. No other American leaves work (1) add the text of H.R. 6169, as passed by the House, as new matter at the end of H.R. and this economy wants and needs. with a job half done, and neither 8; You know, we shouldn’t be having a should we. It is our duty to deliver re- (2) conform the title of H.R. 8 to reflect the big argument over these extensions. sults for the American people, and we addition of H.R. 6169, as passed by the House, They passed on a bipartisan basis should not leave this town until every to the engrossment; under Speaker PELOSI. They should middle class family has a tax cut in (3) assign appropriate designations to pro- pass on a bipartisan basis this time. We their hands. visions within the engrossment; and do not need the politics of envy and di- In closing, I urge my colleagues to (4) conform provisions for short titles with- visiveness. We need tax reform, and in the engrossment. support the middle class tax cuts, to (b) Upon the addition of the text of H.R. this puts us on the path to do it. vote ‘‘no’’ on the rule and on ordering 6169, as passed by the House, to the engross- I urge my colleagues to support this the previous question. ment of H.R. 8, H.R. 6169 shall be laid on the rule and the underlying bill. Madam Speaker, I ask unanimous table. Ms. SLAUGHTER. Madam Speaker, I consent to put the amendment and Mr. SCOTT of South Carolina. yield myself the balance of my time to other extraneous material in the Madam Speaker, the amendment in- close. RECORD immediately prior to the vote. structs the Clerk to add the text of Madam Speaker, we understand the The SPEAKER pro tempore. Is there H.R. 6169 as new matter at the end of majority intends to have a last-minute objection to the request of the gentle- H.R. 8 before transmitting the bill to change in the rule. The amendment woman from New York? the Senate. would create a number of obstacles to There was no objection. The material previously referred to middle class tax cuts. And under the Ms. SLAUGHTER. I yield back the by Ms. SLAUGHTER is as follows: last-minute change, the middle class balance of my time. AN AMENDMENT TO H. RES. 747 OFFERED BY taxes could not be cut until the Senate Mr. SCOTT of South Carolina. MS. SLAUGHTER OF NEW YORK has approved the entire Republican tax Madam Speaker, I wonder what my At the end of the resolution, add the fol- reform agenda, and we certainly don’t friend from Texas would have said, if lowing new section: need that kind of obstacle and we don’t she was still here, to the 253,000 women, SEC. 10. Immediately upon adoption of this need that kind of bill. We need quick small business owners, who will be im- resolution, the House shall proceed to the action on tax cuts, so I hope we can get pacted by higher taxes based on the ac- consideration in the House of the resolution that today. But let me remind you that tions of our friends on the left. I won- (H. Res. 746) prohibiting the consideration of you need to vote against this rule, un- der, Madam Speaker, what my friends a concurrent resolution providing for ad- journment or adjournment sine die unless a less you want the Republican bill to on the left would say to the 710,000 law is enacted to provide for the extension of pass automatically. newly unemployed Americans because certain expired or expiring tax provisions The Senate-passed tax cuts are a sim- of their actions on the left? I wonder, that apply to middle-income taxpayers if ple and fair extension of tax cuts that Madam Speaker, what my friends on called up by Representative SLAUGHTER of will directly benefit the middle class. the left would say to the senior citizens New York or her designee. All points of order It was quite wonderful to see the Sen- who make less than $100,000, to the sen- against the resolution and against its consid- ate of the United States do the sensible ior citizens who make less than $50,000 eration are waived. thing and say that everyone making who would see a 185 percent increase on (The information contained herein was provided by the Republican Minority on mul- $250,000 and under would receive a tax their taxes for their dividend income? tiple occasions throughout the 110th and cut. Unfortunately, our colleagues on Madam Speaker, my friends on the 111th Congresses.) the other side of the aisle are the only left have asked a very interesting and THE VOTE ON THE PREVIOUS QUESTION: WHAT ones standing in the way of the tax cut telling question when they asked: Who IT REALLY MEANS becoming law. deserves a tax increase? Well, we on This vote, the vote on whether to order the Their flawed alternative proposal de- the right have a very clear answer to previous question on a special rule, is not mands that any middle class tax cut be that question. We believe everybody merely a procedural vote. A vote against or- accompanied by an additional tax cut deserves a tax decrease. dering the previous question is a vote for the richest 2 percent. Such a pro- Madam Speaker, with unemployment against the Republican majority agenda and posal would be and has been a fiscal for the 41st month over 8 percent, with a vote to allow the opposition, at least for disaster. It would explode the Nation’s unemployment in south Atlanta over the moment, to offer an alternative plan. It is a vote about what the House should be de- deficit, fail to create jobs, and perpet- 9.4 percent, I would suggest, Madam bating. uate the record of inequality facing our Speaker, now is not the time to engi- Mr. Clarence Cannon’s Precedents of the Nation. neer fairness. Now is a time for us to House of Representatives (VI, 308–311), de- The oft-repeated premise that we keep taxes low. scribes the vote on the previous question on need to protect job creators—who Madam Speaker, everyone in this the rule as ‘‘a motion to direct or control the haven’t created new jobs—with lower room can agree we need to take steps consideration of the subject before the House corporate taxes and lower taxes for the to turn our economy around. But while being made by the Member in charge.’’ To wealthy should be put to bed. It has one side of the room wants to divide defeat the previous question is to give the opposition a chance to decide the subject be- been thoroughly and convincingly our Nation to do so, we understand fore the House. Cannon cites the Speaker’s disproven. that punishing some Americans in the ruling of January 13, 1920, to the effect that Instead of protecting tax loopholes name of helping others is not the solu- ‘‘the refusal of the House to sustain the de- for corporations that ship jobs overseas tion. We must lift everyone up; other- mand for the previous question passes the

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.041 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5550 CONGRESSIONAL RECORD — HOUSE August 1, 2012 control of the resolution to the opposition’’ [Roll No. 540] Costello Kaptur Rahall in order to offer an amendment. On March Courtney Keating Rangel YEAS—240 15, 1909, a member of the majority party of- Critz Kildee Reyes fered a rule resolution. The House defeated Adams Gosar Nunnelee Crowley Kind Richardson Cuellar Kissell Richmond the previous question and a member of the Aderholt Gowdy Olson Alexander Granger Palazzo Cummings Kucinich Ross (AR) opposition rose to a parliamentary inquiry, Davis (CA) Langevin Rothman (NJ) asking who was entitled to recognition. Amash Graves (GA) Paul Amodei Graves (MO) Paulsen Davis (IL) Larsen (WA) Roybal-Allard Speaker Joseph G. Cannon (R-Illinois) said: Austria Griffin (AR) Pearce DeFazio Larson (CT) Ruppersberger ‘‘The previous question having been refused, Bachmann Griffith (VA) Pence DeGette Lee (CA) Rush the gentleman from New York, Mr. Fitz- Bachus Grimm Petri DeLauro Levin Ryan (OH) ´ gerald, who had asked the gentleman to Barletta Guinta Pitts Deutch Lewis (GA) Sanchez, Linda yield to him for an amendment, is entitled to Bartlett Guthrie Platts Dicks Lipinski T. Doggett Loebsack Sanchez, Loretta the first recognition.’’ Barton (TX) Hall Poe (TX) Donnelly (IN) Lofgren, Zoe Sarbanes Because the vote today may look bad for Bass (NH) Hanna Pompeo Doyle Lowey Schakowsky Benishek Harper Posey the Republican majority they will say ‘‘the Edwards Luja´ n Schiff Berg Harris Price (GA) vote on the previous question is simply a Ellison Lynch Schrader Biggert Hartzler Quayle vote on whether to proceed to an immediate Engel Maloney Schwartz Bilbray Hastings (WA) Reed vote on adopting the resolution . . . [and] Eshoo Markey Scott (VA) Bilirakis Hayworth Rehberg Farr Matsui Scott, David has no substantive legislative or policy im- Bishop (UT) Heck Reichert Fattah McCarthy (NY) Serrano plications whatsoever.’’ But that is not what Black Hensarling Renacci Filner McCollum Sewell they have always said. Listen to the Repub- Blackburn Herger Ribble Frank (MA) McDermott Sherman lican Leadership Manual on the Legislative Bonner Herrera Beutler Rigell Fudge McGovern Sires Process in the United States House of Rep- Bono Mack Huelskamp Rivera Boren Huizenga (MI) Garamendi McNerney Slaughter resentatives, (6th edition, page 135). Here’s Roby Gonzalez Meeks Smith (WA) Boustany Hultgren Roe (TN) how the Republicans describe the previous Brady (TX) Hunter Green, Al Michaud Speier question vote in their own manual: ‘‘Al- Rogers (AL) Green, Gene Miller (NC) Stark Brooks Hurt Rogers (KY) though it is generally not possible to amend Broun (GA) Issa Grijalva Miller, George Sutton Rogers (MI) Gutierrez Moore Thompson (CA) the rule because the majority Member con- Buchanan Jenkins Rohrabacher trolling the time will not yield for the pur- Bucshon Johnson (IL) Hahn Moran Thompson (MS) Rokita Hanabusa Murphy (CT) Tierney pose of offering an amendment, the same re- Buerkle Johnson (OH) Rooney Burgess Johnson, Sam Hastings (FL) Nadler Tonko sult may be achieved by voting down the pre- Ros-Lehtinen Burton (IN) Jones Heinrich Napolitano Towns vious question on the rule . . . When the mo- Roskam Calvert Jordan Higgins Neal Tsongas Ross (FL) tion for the previous question is defeated, Camp Kelly Himes Olver Van Hollen Royce control of the time passes to the Member Campbell King (IA) Hinchey Owens Vela´ zquez Runyan who led the opposition to ordering the pre- Canseco King (NY) Hinojosa Pallone Visclosky Ryan (WI) vious question. That Member, because he Cantor Kingston Hirono Pascrell Walz (MN) Scalise Capito Kinzinger (IL) Hochul Pastor (AZ) Wasserman then controls the time, may offer an amend- Schilling Carter Kline Holden Pelosi Schultz ment to the rule, or yield for the purpose of Schmidt Cassidy Labrador Holt Perlmutter Waters amendment.’’ Schock Honda Peters Watt In Deschler’s Procedure in the U.S. House Chabot Lamborn Chaffetz Lance Schweikert Israel Peterson Waxman of Representatives, the subchapter titled Coble Landry Scott (SC) Jackson Lee Pingree (ME) Welch ‘‘Amending Special Rules’’ states: ‘‘a refusal Coffman (CO) Lankford Scott, Austin (TX) Polis Wilson (FL) to order the previous question on such a rule Cole Latham Sensenbrenner Johnson (GA) Price (NC) Woolsey [a special rule reported from the Committee Conaway LaTourette Sessions Johnson, E. B. Quigley Yarmuth Shimkus on Rules] opens the resolution to amend- Crawford Latta NOT VOTING—7 Crenshaw Lewis (CA) Shuler ment and further debate.’’ (Chapter 21, sec- Shuster tion 21.2) Section 21.3 continues: ‘‘Upon re- Culberson LoBiondo Akin Dingell Sullivan Simpson Cardoza Hoyer jection of the motion for the previous ques- Denham Long Dent Lucas Smith (NE) Cravaack Jackson (IL) tion on a resolution reported from the Com- DesJarlais Luetkemeyer Smith (NJ) mittee on Rules, control shifts to the Mem- Diaz-Balart Lummis Smith (TX) b 1404 ber leading the opposition to the previous Dold Lungren, Daniel Southerland question, who may offer a proper amendment Dreier E. Stearns So the previous question was ordered. or motion and who controls the time for de- Duffy Mack Stivers The result of the vote was announced bate thereon.’’ Duncan (SC) Manzullo Stutzman as above recorded. Clearly, the vote on the previous question Duncan (TN) Marchant Terry The SPEAKER pro tempore. The Ellmers Marino Thompson (PA) on a rule does have substantive policy impli- Thornberry question is on the amendment. cations. It is one of the only available tools Emerson Matheson Farenthold McCarthy (CA) Tiberi The question was taken; and the for those who oppose the Republican major- Fincher McCaul Tipton Speaker pro tempore announced that ity’s agenda and allows those with alter- Fitzpatrick McClintock Turner (NY) native views the opportunity to offer an al- Flake McHenry Turner (OH) the ayes appeared to have it. ternative plan. Fleischmann McIntyre Upton RECORDED VOTE Mr. SCOTT of South Carolina. Fleming McKeon Walberg Ms. SLAUGHTER. Madam Speaker, I Flores McKinley Walden Madam Speaker, I yield back the bal- Forbes McMorris Walsh (IL) demand a recorded vote. ance of my time, and I move the pre- Fortenberry Rodgers Webster A recorded vote was ordered. vious question on the amendment and Foxx Meehan West The SPEAKER pro tempore. This Franks (AZ) Mica Westmoreland on the resolution. Frelinghuysen Miller (FL) Whitfield will be a 5-minute vote. The SPEAKER pro tempore. The Gallegly Miller (MI) Wilson (SC) The vote was taken by electronic de- question is on ordering the previous Gardner Miller, Gary Wittman vice, and there were—ayes 238, noes 186, question on the amendment and on the Garrett Mulvaney Wolf not voting 6, as follows: Gerlach Murphy (PA) Womack resolution. Gibbs Myrick Woodall [Roll No. 541] The question was taken; and the Gibson Neugebauer Yoder AYES—238 Speaker pro tempore announced that Gingrey (GA) Noem Young (AK) the ayes appeared to have it. Gohmert Nugent Young (FL) Adams Bishop (UT) Canseco Goodlatte Nunes Young (IN) Aderholt Black Cantor Ms. SLAUGHTER. Madam Speaker, Alexander Blackburn Capito on that I demand the yeas and nays. NAYS—183 Amash Bonner Carter The yeas and nays were ordered. Amodei Bono Mack Cassidy The SPEAKER pro tempore. Pursu- Ackerman Blumenauer Chandler Austria Boustany Chabot Altmire Bonamici Chu Bachmann Brady (TX) Chaffetz ant to clause 9 of rule XX, the Chair Andrews Boswell Cicilline Bachus Brooks Coble will reduce to 5 minutes the minimum Baca Brady (PA) Clarke (MI) Barletta Broun (GA) Coffman (CO) time of any electronic vote on the Baldwin Braley (IA) Clarke (NY) Bartlett Buchanan Cole Barber Brown (FL) Clay question of adoption of the amend- Barton (TX) Bucshon Conaway Barrow Butterfield Cleaver Bass (NH) Buerkle Cravaack ment, if ordered, and adoption of the Bass (CA) Capps Clyburn Benishek Burgess Crawford resolution, if ordered. Becerra Capuano Cohen Berg Burton (IN) Crenshaw The vote was taken by electronic de- Berkley Carnahan Connolly (VA) Biggert Calvert Culberson Berman Carney Conyers vice, and there were—yeas 240, nays Bilbray Camp Denham Bishop (GA) Carson (IN) Cooper Bilirakis Campbell Dent 183, not voting 7, as follows: Bishop (NY) Castor (FL) Costa

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.008 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5551 DesJarlais King (IA) Reichert Loebsack Pelosi Serrano Griffin (AR) Marchant Rooney Diaz-Balart King (NY) Renacci Lofgren, Zoe Perlmutter Sewell Griffith (VA) Marino Ros-Lehtinen Dold Kingston Ribble Lowey Peters Sherman Grimm Matheson Roskam Dreier Kinzinger (IL) Rigell Luja´ n Peterson Shuler Guinta McCarthy (CA) Ross (FL) Duffy Kline Rivera Lynch Pingree (ME) Sires Guthrie McCaul Royce Duncan (SC) Labrador Roby Maloney Polis Slaughter Hall McClintock Runyan Duncan (TN) Lamborn Roe (TN) Markey Price (NC) Smith (WA) Hanna McHenry Ryan (WI) Ellmers Lance Rogers (AL) Matheson Quigley Speier Harper McIntyre Scalise Emerson Landry Rogers (KY) Matsui Rahall Stark Harris McKeon Schilling Farenthold Lankford Rogers (MI) McCarthy (NY) Rangel Sutton Hartzler McMorris Schmidt Fincher Latham Rohrabacher McCollum Reyes Thompson (CA) Hastings (WA) Rodgers Schock Fitzpatrick LaTourette Rokita McDermott Richardson Thompson (MS) Hayworth Meehan Schweikert Flake Latta Rooney McGovern Richmond Tierney Heck Mica Scott (SC) Fleischmann Lewis (CA) Ros-Lehtinen McNerney Ross (AR) Tonko Hensarling Miller (FL) Scott, Austin Fleming LoBiondo Roskam Meeks Rothman (NJ) Towns Herger Miller (MI) Sensenbrenner Michaud Roybal-Allard Flores Long Ross (FL) Tsongas Herrera Beutler Miller, Gary Sessions Miller (NC) Ruppersberger Van Hollen Forbes Lucas Royce Huelskamp Mulvaney Shimkus Fortenberry Luetkemeyer Runyan Miller, George Rush Vela´ zquez Huizenga (MI) Murphy (PA) Shuster Foxx Lummis Ryan (WI) Moore Ryan (OH) Visclosky Hultgren Myrick Simpson Franks (AZ) Lungren, Daniel Scalise Moran Sa´ nchez, Linda Walz (MN) Hunter Neugebauer Smith (NE) Frelinghuysen E. Schilling Murphy (CT) T. Wasserman Hurt Noem Smith (NJ) Gallegly Mack Schmidt Nadler Sanchez, Loretta Schultz Issa Nugent Smith (TX) Gardner Manzullo Schock Napolitano Sarbanes Waters Jenkins Nunes Garrett Marchant Schweikert Neal Schakowsky Watt Johnson (IL) Nunnelee Southerland Gerlach Marino Scott (SC) Olver Schiff Waxman Johnson (OH) Olson Stearns Gibbs McCarthy (CA) Scott, Austin Owens Schrader Welch Johnson, Sam Palazzo Stivers Gibson McCaul Sensenbrenner Pallone Schwartz Wilson (FL) Jones Paul Stutzman Gingrey (GA) McClintock Sessions Pascrell Scott (VA) Woolsey Jordan Paulsen Sullivan Gohmert McHenry Shimkus Pastor (AZ) Scott, David Yarmuth Kelly Pearce Terry Goodlatte McIntyre Shuster King (IA) Pence Thompson (PA) Gosar McKeon Simpson NOT VOTING—6 King (NY) Petri Thornberry Gowdy McKinley Smith (NE) Akin Dingell Jackson (IL) Kingston Pitts Tiberi Granger McMorris Smith (NJ) Cardoza Eshoo Jordan Kinzinger (IL) Platts Tipton Graves (GA) Rodgers Smith (TX) Kline Poe (TX) Turner (NY) Graves (MO) Meehan Southerland ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Labrador Pompeo Turner (OH) Griffin (AR) Mica Stearns The SPEAKER pro tempore (Mr. Lamborn Posey Upton Griffith (VA) Miller (FL) Stivers Lance Price (GA) Walberg WOMACK) (during the vote). There are 2 Grimm Miller (MI) Stutzman Landry Quayle Walden Guinta Miller, Gary Sullivan minutes remaining. Lankford Reed Walsh (IL) Guthrie Mulvaney Terry Latham Rehberg Webster Hall Murphy (PA) Thompson (PA) b 1411 LaTourette Reichert West Hanna Myrick Thornberry Latta Renacci Westmoreland Harper Neugebauer Tiberi Mr. BOREN changed his vote from Lewis (CA) Ribble Whitfield Harris Noem Tipton ‘‘aye’’ to ‘‘no.’’ LoBiondo Rigell Wilson (SC) Hartzler Nugent Turner (NY) So the amendment was agreed to. Long Rivera Wittman Hastings (WA) Nunes Turner (OH) The result of the vote was announced Lucas Roby Wolf Hayworth Nunnelee Upton Luetkemeyer Roe (TN) Womack Heck Olson Walberg as above recorded. Lummis Rogers (AL) Woodall Hensarling Palazzo Walden The SPEAKER pro tempore. The Lungren, Daniel Rogers (KY) Yoder Herger Paul Walsh (IL) question is on the resolution, as E. Rogers (MI) Young (AK) Herrera Beutler Paulsen Webster Mack Rohrabacher Young (FL) Huelskamp Pearce West amended. Manzullo Rokita Young (IN) Huizenga (MI) Pence Westmoreland The question was taken; and the Hultgren Petri Whitfield Speaker pro tempore announced that NOES—184 Hunter Pitts Wilson (SC) the ayes appeared to have it. Hurt Platts Wittman Ackerman Davis (CA) Kildee Issa Poe (TX) Wolf RECORDED VOTE Altmire Davis (IL) Kind Andrews DeFazio Kissell Jenkins Pompeo Womack Ms. SLAUGHTER. Mr. Speaker, I de- Johnson (IL) Posey Woodall Baca DeGette Kucinich Johnson (OH) Price (GA) Yoder mand a recorded vote. Baldwin DeLauro Langevin Johnson, Sam Quayle Young (AK) A recorded vote was ordered. Barber Deutch Larsen (WA) Jones Reed Young (FL) The SPEAKER pro tempore. This is a Barrow Dicks Larson (CT) Kelly Rehberg Young (IN) Bass (CA) Doggett Lee (CA) 5-minute vote. Becerra Donnelly (IN) Levin NOES—186 The vote was taken by electronic de- Berkley Doyle Lewis (GA) vice, and there were—ayes 240, noes 184, Berman Edwards Lipinski Ackerman Clyburn Grijalva Bishop (GA) Ellison Loebsack Altmire Cohen Gutierrez not voting 6, as follows: Bishop (NY) Engel Lofgren, Zoe Andrews Connolly (VA) Hahn [Roll No. 542] Blumenauer Eshoo Lowey Baca Conyers Hanabusa Bonamici Farr Luja´ n Baldwin Cooper Hastings (FL) AYES—240 Boswell Fattah Lynch Barber Costa Heinrich Adams Buerkle Duncan (TN) Brady (PA) Filner Maloney Barrow Costello Higgins Aderholt Burgess Ellmers Braley (IA) Frank (MA) Markey Bass (CA) Courtney Himes Alexander Burton (IN) Emerson Brown (FL) Fudge Matsui Becerra Critz Hinchey Amash Calvert Farenthold Butterfield Garamendi McCarthy (NY) Berkley Crowley Hinojosa Amodei Camp Fincher Capps Gonzalez McCollum Berman Cuellar Hirono Austria Campbell Fitzpatrick Capuano Green, Al McDermott Bishop (GA) Cummings Hochul Bachmann Canseco Flake Carnahan Green, Gene McGovern Bishop (NY) Davis (CA) Holden Bachus Cantor Fleischmann Carney Grijalva McNerney Blumenauer Davis (IL) Holt Barletta Capito Fleming Carson (IN) Hahn Meeks Bonamici DeFazio Honda Bartlett Carter Flores Castor (FL) Hanabusa Michaud Boren DeGette Hoyer Barton (TX) Cassidy Forbes Chandler Hastings (FL) Miller (NC) Boswell DeLauro Israel Bass (NH) Chabot Fortenberry Chu Heinrich Miller, George Brady (PA) Deutch Jackson Lee Benishek Chaffetz Foxx Cicilline Higgins Moore Braley (IA) Dicks (TX) Berg Coble Franks (AZ) Clarke (MI) Himes Moran Brown (FL) Doggett Johnson (GA) Biggert Coffman (CO) Frelinghuysen Clarke (NY) Hinchey Murphy (CT) Butterfield Donnelly (IN) Johnson, E. B. Bilbray Cole Gallegly Clay Hinojosa Nadler Capps Doyle Kaptur Bilirakis Conaway Gardner Cleaver Hirono Napolitano Capuano Edwards Keating Bishop (UT) Cravaack Garrett Clyburn Hochul Neal Carnahan Ellison Kildee Black Crawford Gerlach Cohen Holden Olver Carney Engel Kind Blackburn Crenshaw Gibbs Connolly (VA) Holt Owens Carson (IN) Farr Kissell Bonner Culberson Gibson Conyers Honda Pallone Castor (FL) Fattah Kucinich Bono Mack Denham Gingrey (GA) Cooper Hoyer Pascrell Chandler Filner Langevin Boren Dent Gohmert Costa Israel Pastor (AZ) Chu Frank (MA) Larsen (WA) Boustany DesJarlais Goodlatte Costello Jackson Lee Pelosi Cicilline Fudge Larson (CT) Brady (TX) Diaz-Balart Gosar Courtney (TX) Perlmutter Clarke (MI) Garamendi Lee (CA) Brooks Dold Gowdy Critz Johnson (GA) Peters Clarke (NY) Gonzalez Levin Broun (GA) Dreier Granger Crowley Johnson, E. B. Peterson Clay Green, Al Lewis (GA) Buchanan Duffy Graves (GA) Cuellar Kaptur Pingree (ME) Cleaver Green, Gene Lipinski Bucshon Duncan (SC) Graves (MO) Cummings Keating Polis

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.010 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5552 CONGRESSIONAL RECORD — HOUSE August 1, 2012 Price (NC) Schiff Tonko A motion to reconsider was laid on the resolution (H. Res. 750) providing Quigley Schrader Towns the table. for the concurrence by the House in the Rahall Schwartz Tsongas Rangel Scott (VA) Van Hollen f Senate amendment to H.R. 1905, with Reyes Scott, David ´ an amendment. Velazquez PRESENTATION OF CONGRES- Richardson Serrano Visclosky The Clerk read the title of the resolu- Richmond Sewell SIONAL GOLD MEDAL TO DAW Walz (MN) tion. Ross (AR) Sherman Wasserman AUNG SAN SUU KYI Rothman (NJ) Shuler Schultz The text of the resolution is as fol- Roybal-Allard Sires Mr. DANIEL E. LUNGREN of Cali- Waters lows: Ruppersberger Slaughter Watt fornia. Mr. Speaker, I ask unanimous Rush Smith (WA) H. RES. 750 Waxman consent that the Committee on House Ryan (OH) Speier Resolved, That upon the adoption of this Sa´ nchez, Linda Stark Welch Administration be discharged from fur- Wilson (FL) resolution the bill (H.R. 1905) entitled ‘‘An T. Sutton ther consideration of the concurrent Act to strengthen Iran sanctions laws for the Sanchez, Loretta Thompson (CA) Woolsey resolution (H. Con. Res. 135) author- Sarbanes Thompson (MS) Yarmuth purpose of compelling Iran to abandon its Schakowsky Tierney izing the use of the rotunda of the Cap- pursuit of nuclear weapons and other threat- itol for the presentation of the Con- ening activities, and for other purposes.’’, NOT VOTING—6 gressional Gold Medal to Daw Aung with the Senate amendment thereto, shall be Akin Dingell Jackson (IL) San Suu Kyi, in recognition of her considered to have been taken from the Cardoza Gutierrez McKinley leadership and perseverance in the Speaker’s table to the end that the Senate amendment thereto be, and the same is here- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE struggle for freedom and democracy in The SPEAKER pro tempore (during by, agreed to with the following amendment: Burma, and ask for its immediate con- In lieu of the matter proposed to be in- the vote). There are 2 minutes remain- sideration in the House. serted by the amendment of the Senate, in- ing. The Clerk read the title of the con- sert the following: b 1420 current resolution. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. The SPEAKER pro tempore. Is there So the resolution, as amended, was (a) SHORT TITLE.—This Act may be cited as objection to the request of the gen- the ‘‘Iran Threat Reduction and Syria Human agreed to. tleman from California? Rights Act of 2012’’. The result of the vote was announced There was no objection. (b) TABLE OF CONTENTS.—The table of con- as above recorded. The text of the concurrent resolution tents for this Act is as follows: A motion to reconsider was laid on is as follows: Sec. 1. Short title; table of contents. the table. H. CON. RES. 135 Sec. 2. Definitions. f Resolved by the House of Representatives (the TITLE I—EXPANSION OF MULTILATERAL MESSAGE FROM THE SENATE Senate concurring), SANCTIONS REGIME WITH RESPECT TO IRAN A message from the Senate by Ms. SECTION 1. USE OF ROTUNDA FOR PRESEN- TATION OF CONGRESSIONAL GOLD Sec. 101. Sense of Congress on enforcement of Curtis, one of its clerks, announced MEDAL TO DAW AUNG SAN SUU KYI. multilateral sanctions regime and that the Senate has agreed to a concur- The rotunda of the Capitol is authorized to expansion and implementation of rent resolution of the following title in be used on September 19, 2012, for the presen- sanctions laws. which the concurrence of the House is tation of the Congressional Gold Medal to Sec. 102. Diplomatic efforts to expand multilat- requested: Daw Aung San Suu Kyi, in recognition of her eral sanctions regime. leadership and perseverance in the struggle S. Con. Res. 55. Concurrent resolution di- for freedom and democracy in Burma. Phys- TITLE II—EXPANSION OF SANCTIONS RE- recting the Clerk of the House of Representa- ical preparations for the ceremony shall be LATING TO THE ENERGY SECTOR OF tives to make a correction in the enrollment carried out in accordance with such condi- IRAN AND PROLIFERATION OF WEAPONS of H.R. 1627. tions as the Architect of the Capitol may OF MASS DESTRUCTION BY IRAN f prescribe. Subtitle A—Expansion of the Iran Sanctions Act of 1996 CORRECTING THE ENROLLMENT The concurrent resolution was agreed OF H.R. 1627 to. Sec. 201. Expansion of sanctions with respect to A motion to reconsider was laid on the energy sector of Iran. Mr. MILLER of Florida. Mr. Speaker, the table. Sec. 202. Imposition of sanctions with respect to I ask unanimous consent to take from transportation of crude oil from the Speaker’s table the concurrent res- f Iran and evasion of sanctions by olution (S. Con. Res. 55) directing the HOUR OF MEETING ON TOMORROW shipping companies. Sec. 203. Expansion of sanctions with respect to Clerk of the House of Representatives Ms. ROS-LEHTINEN. Mr. Speaker, I to make a correction in the enrollment development by Iran of weapons ask unanimous consent that when the of mass destruction. of H.R. 1627, and ask for its immediate House adjourns today, it adjourn to Sec. 204. Expansion of sanctions available consideration in the House. meet at 9 a.m. tomorrow. under the Iran Sanctions Act of The Clerk read the title of the con- The SPEAKER pro tempore. Is there 1996. current resolution. objection to the request of the gentle- Sec. 205. Modification of waiver standard under The SPEAKER pro tempore. Is there woman from Florida? the Iran Sanctions Act of 1996. objection to the request of the gen- There was no objection. Sec. 206. Briefings on implementation of the tleman from Florida? Iran Sanctions Act of 1996. f There was no objection. Sec. 207. Expansion of definitions under the The text of the concurrent resolution ANNOUNCEMENT BY THE SPEAKER Iran Sanctions Act of 1996. PRO TEMPORE Sec. 208. Sense of Congress on energy sector of is as follows: Iran. S. CON. RES. 55 The SPEAKER pro tempore. Pursu- Subtitle B—Additional Measures Relating to Resolved by the Senate (the House of Rep- ant to clause 8 of rule XX, the Chair Sanctions Against Iran resentatives concurring), That, in the enroll- will postpone further proceedings Sec. 211. Imposition of sanctions with respect to ment of the bill (H.R. 1627) an Act to amend today on motions to suspend the rules the provision of vessels or ship- title 38, United States Code, to furnish hos- on which a recorded vote or the yeas ping services to transport certain pital care and medical services to veterans and nays are ordered, or on which the goods related to proliferation or who were stationed at Camp Lejeune, North terrorism activities to Iran. Carolina, while the water was contaminated vote incurs objection under clause 6 of Sec. 212. Imposition of sanctions with respect to at Camp Lejeune, to improve the provision of rule XX. provision of underwriting services housing assistance to veterans and their Record votes on postponed questions or insurance or reinsurance for families, and for other purposes, the Clerk of will be taken later. the National Iranian Oil Com- the House of Representatives shall make the f pany or the National Iranian following correction: in section 201, strike Tanker Company. ‘‘Andrew Connelly’’ and insert ‘‘Andrew Con- IRAN THREAT REDUCTION AND Sec. 213. Imposition of sanctions with respect to nolly’’. SYRIA HUMAN RIGHTS ACT OF 2012 purchase, subscription to, or fa- The concurrent resolution was con- Ms. ROS-LEHTINEN. Mr. Speaker, I cilitation of the issuance of Ira- curred in. move to suspend the rules and agree to nian sovereign debt.

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6343 E:\CR\FM\A01AU7.011 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5553 Sec. 214. Imposition of sanctions with respect to TITLE IV—MEASURES RELATING TO Sec. 704. Imposition of sanctions with respect to subsidiaries and agents of persons HUMAN RIGHTS ABUSES IN IRAN persons who engage in censorship sanctioned by United Nations Se- Subtitle A—Expansion of Sanctions Relating to or other forms of repression in curity Council resolutions. Human Rights Abuses in Iran Syria. Sec. 215. Imposition of sanctions with respect to Sec. 401. Imposition of sanctions on certain per- Sec. 705. Waiver. transactions with persons sanc- sons responsible for or complicit Sec. 706. Termination. tioned for certain activities relat- in human rights abuses committed SEC. 2. DEFINITIONS. ing to terrorism or proliferation of against citizens of Iran or their Except as otherwise specifically provided, in weapons of mass destruction. family members after the June 12, this Act: Sec. 216. Expansion of, and reports on, manda- 2009, elections in Iran. (1) APPROPRIATE CONGRESSIONAL COMMIT- tory sanctions with respect to fi- Sec. 402. Imposition of sanctions with respect to TEES.—The term ‘‘appropriate congressional nancial institutions that engage the transfer of goods or tech- committees’’ has the meaning given that term in in certain activities relating to nologies to Iran that are likely to section 14 of the Iran Sanctions Act of 1996 Iran. be used to commit human rights (Public Law 104–172; 50 U.S.C. 1701 note). (2) FINANCIAL TRANSACTION.—The term ‘‘fi- Sec. 217. Continuation in effect of sanctions abuses. nancial transaction’’ means any transfer of with respect to the Government of Sec. 403. Imposition of sanctions with respect to value involving a financial institution, includ- Iran, the Central Bank of Iran, persons who engage in censorship ing the transfer of forwards, futures, options, and sanctions evaders. or other related activities against citizens of Iran. swaps, or precious metals, including gold, silver, Sec. 218. Liability of parent companies for vio- platinum, and palladium. lations of sanctions by foreign Subtitle B—Additional Measures to Promote Human Rights (3) KNOWINGLY.—The term ‘‘knowingly’’ has subsidiaries. the meaning given that term in section 14 of the Sec. 411. Codification of sanctions with respect Sec. 219. Disclosures to the Securities and Ex- Iran Sanctions Act of 1996 (Public Law 104–172; to grave human rights abuses by change Commission relating to 50 U.S.C. 1701 note). the governments of Iran and sanctionable activities. (4) UNITED STATES PERSON.—The term ‘‘United Syria using information tech- States person’’ has the meaning given that term Sec. 220. Reports on, and authorization of im- nology. in section 101 of the Comprehensive Iran Sanc- position of sanctions with respect Sec. 412. Clarification of sensitive technologies tions, Accountability, and Divestment Act of to, the provision of specialized fi- for purposes of procurement ban 2010 (22 U.S.C. 8511). nancial messaging services to the under Comprehensive Iran Sanc- Central Bank of Iran and other tions, Accountability, and Divest- TITLE I—EXPANSION OF MULTILATERAL sanctioned Iranian financial in- ment Act of 2010. SANCTIONS REGIME WITH RESPECT TO stitutions. Sec. 413. Expedited consideration of requests for IRAN Sec. 221. Identification of, and immigration re- authorization of certain human SEC. 101. SENSE OF CONGRESS ON ENFORCE- strictions on, senior officials of rights-, humanitarian-, and de- MENT OF MULTILATERAL SANC- the Government of Iran and their mocracy-related activities with re- TIONS REGIME AND EXPANSION AND family members. spect to Iran. IMPLEMENTATION OF SANCTIONS LAWS. Sec. 222. Sense of Congress and rule of con- Sec. 414. Comprehensive strategy to promote It is the sense of Congress that the goal of struction relating to certain au- Internet freedom and access to in- compelling Iran to abandon efforts to acquire a thorities of State and local gov- formation in Iran. nuclear weapons capability and other threat- ernments. Sec. 415. Statement of policy on political pris- oners. ening activities can be effectively achieved Sec. 223. Government Accountability Office re- through a comprehensive policy that includes TITLE V—MISCELLANEOUS port on foreign entities that invest economic sanctions, diplomacy, and military in the energy sector of Iran or ex- Sec. 501. Exclusion of citizens of Iran seeking planning, capabilities and options, and that this port refined petroleum products to education relating to the nuclear objective is consistent with the one stated by Iran. and energy sectors of Iran. President Barack Obama in the 2012 State of the Sec. 224. Reporting on the importation to and Sec. 502. Interests in certain financial assets of Union Address: ‘‘Let there be no doubt: America exportation from Iran of crude oil Iran. is determined to prevent Iran from getting a nu- Sec. 503. Technical correction to section 1245 of and refined petroleum products. clear weapon, and I will take no options off the the National Defense Authoriza- table to achieve that goal’’. Among the economic TITLE III—SANCTIONS WITH RESPECT TO tion Act for Fiscal Year 2012. measures to be taken are— IRAN’S REVOLUTIONARY GUARD CORPS Sec. 504. Expansion of sanctions under section (1) prompt enforcement of the current multi- 1245 of the National Defense Au- Subtitle A—Identification of, and Sanctions lateral sanctions regime with respect to Iran; thorization Act for Fiscal Year With Respect to, Officials, Agents, Affiliates, (2) full, timely, and vigorous implementation 2012. and Supporters of Iran’s Revolutionary Guard of all sanctions enacted into law, including Sec. 505. Reports on natural gas exports from Corps and Other Sanctioned Persons sanctions imposed or expanded by this Act or Iran. Sec. 301. Identification of, and imposition of Sec. 506. Report on membership of Iran in inter- amendments made by this Act, through— sanctions with respect to, offi- national organizations. (A) intensified monitoring by the President cials, agents, and affiliates of Sec. 507. Sense of Congress on exportation of and the designees of the President, including Iran’s Revolutionary Guard goods, services, and technologies the Secretary of the Treasury, the Secretary of Corps. for aircraft produced in the State, and senior officials in the intelligence community (as defined in section 3(4) of the Na- Sec. 302. Identification of, and imposition of United States. tional Security Act of 1947 (50 U.S.C. 401a(4)), sanctions with respect to, persons TITLE VI—GENERAL PROVISIONS as appropriate; that support or conduct certain Sec. 601. Implementation; penalties. (B) more extensive use of extraordinary au- transactions with Iran’s Revolu- Sec. 602. Applicability to certain intelligence thorities provided for under the International tionary Guard Corps or other activities. Emergency Economic Powers Act (50 U.S.C. 1701 sanctioned persons. Sec. 603. Applicability to certain natural gas et seq.) and other sanctions laws; Sec. 303. Identification of, and imposition of projects. (C) reallocation of resources to provide the measures with respect to, foreign Sec. 604. Rule of construction with respect to personnel necessary, within the Department of government agencies carrying out use of force against Iran and the Treasury, the Department of State, and the activities or transactions with cer- Syria. Department of Commerce, and, where appro- tain Iran-affiliated persons. Sec. 605. Termination. priate, the intelligence community, to apply and Sec. 304. Rule of construction. TITLE VII—SANCTIONS WITH RESPECT TO enforce sanctions; and HUMAN RIGHTS ABUSES IN SYRIA Subtitle B—Additional Measures Relating to (D) expanded cooperation with international Iran’s Revolutionary Guard Corps Sec. 701. Short title. sanctions enforcement efforts; Sec. 702. Imposition of sanctions with respect to (3) urgent consideration of the expansion of Sec. 311. Expansion of procurement prohibition certain persons who are respon- existing sanctions with respect to such areas to foreign persons that engage in sible for or complicit in human as— certain transactions with Iran’s rights abuses committed against (A) the provision of energy-related services to Revolutionary Guard Corps. citizens of Syria or their family Iran; Sec. 312. Determinations of whether the Na- members. (B) the provision of insurance and reinsur- tional Iranian Oil Company and Sec. 703. Imposition of sanctions with respect to ance services to Iran; the National Iranian Tanker the transfer of goods or tech- (C) the provision of shipping services to Iran; Company are agents or affiliates nologies to Syria that are likely to and of Iran’s Revolutionary Guard be used to commit human rights (D) those Iranian financial institutions not Corps. abuses. yet designated for the imposition of sanctions

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5554 CONGRESSIONAL RECORD — HOUSE August 1, 2012 that may be acting as intermediaries for Iranian tion 1245(d)(4)(D) of the National Defense Au- with respect to the development of petroleum re- financial institutions that are designated for the thorization Act for Fiscal Year 2012, as amended sources outside of Iran if— imposition of sanctions; and by section 504, including considerations of re- ‘‘(i) the joint venture is established on or after (4) a focus on countering Iran’s efforts to ductions both in terms of volume and price; January 1, 2002; and evade sanctions, including— (4) an identification of the countries that have ‘‘(ii)(I) the Government of Iran is a substan- (A) the activities of telecommunications, Inter- not agreed to impose such sanctions or meas- tial partner or investor in the joint venture; or net, and satellite service providers, in and out- ures, including such countries granted excep- ‘‘(II) Iran could, through a direct operational side of Iran, to ensure that such providers are tions for significant reductions in crude oil pur- role in the joint venture or by other means, re- not participating in or facilitating, directly or chases pursuant to such section 1245(d)(4)(D); ceive technological knowledge or equipment not indirectly, the evasion of the sanctions regime (5) recommendations for additional measures previously available to Iran that could directly with respect to Iran or violations of the human that the United States could take to further dip- and significantly contribute to the enhancement rights of the people of Iran; lomatic efforts described in subsection (a); and of Iran’s ability to develop petroleum resources (B) the activities of financial institutions or (6) the disposition of any decision with respect in Iran. other businesses or government agencies, in or to sanctions imposed with respect to Iran by the ‘‘(B) APPLICABILITY.—Subparagraph (A) shall outside of Iran, not yet designated for the impo- World Trade Organization or its predecessor or- not apply with respect to participation in a joint sition of sanctions; and ganization. venture established on or after January 1, 2002, (C) urgent and ongoing evaluation of Iran’s and before the date of the enactment of the Iran TITLE II—EXPANSION OF SANCTIONS RE- Threat Reduction and Syria Human Rights Act energy, national security, financial, and tele- LATING TO THE ENERGY SECTOR OF communications sectors, to gauge the effects of, of 2012, if the person participating in the joint IRAN AND PROLIFERATION OF WEAPONS venture terminates that participation not later and possible defects in, particular sanctions, OF MASS DESTRUCTION BY IRAN with prompt efforts to correct any gaps in the than the date that is 180 days after such date of existing sanctions regime with respect to Iran. Subtitle A—Expansion of the Iran Sanctions enactment. Act of 1996 ‘‘(5) SUPPORT FOR THE DEVELOPMENT OF PE- SEC. 102. DIPLOMATIC EFFORTS TO EXPAND MUL- TILATERAL SANCTIONS REGIME. SEC. 201. EXPANSION OF SANCTIONS WITH RE- TROLEUM RESOURCES AND REFINED PETROLEUM (a) MULTILATERAL NEGOTIATIONS.—Congress SPECT TO THE ENERGY SECTOR OF PRODUCTS IN IRAN.— urges the President to intensify diplomatic ef- IRAN. ‘‘(A) IN GENERAL.—Except as provided in sub- forts, both in appropriate international fora Section 5(a) of the Iran Sanctions Act of 1996 section (f), the President shall impose 5 or more such as the United Nations and bilaterally with (Public Law 104–172; 50 U.S.C. 1701 note) is of the sanctions described in section 6(a) with allies of the United States, for the purpose of— amended— respect to a person if the President determines (1) expanding the United Nations Security (1) in the subsection heading, by striking that the person knowingly, on or after the date Council sanctions regime to include— ‘‘WITH RESPECT TO’’ and all that follows of the enactment of the Iran Threat Reduction (A) a prohibition on the issuance of visas to through ‘‘TO IRAN’’ and inserting ‘‘RELATING TO and Syria Human Rights Act of 2012, sells, any official of the Government of Iran who is THE ENERGY SECTOR OF IRAN’’; leases, or provides to Iran goods, services, tech- involved in— (2) in paragraph (1)(A)— nology, or support described in subparagraph (i) human rights violations in or outside of (A) by striking ‘‘3 or more’’ and inserting ‘‘5 (B)— Iran; or more’’; and ‘‘(i) any of which has a fair market value of (ii) the development of a nuclear weapons pro- (B) by striking ‘‘the Comprehensive Iran $1,000,000 or more; or ‘‘(ii) that, during a 12-month period, have an gram and a ballistic missile capability in Iran; Sanctions, Accountability, and Divestment Act aggregate fair market value of $5,000,000 or or of 2010’’ and inserting ‘‘the Iran Threat Reduc- (iii) support by the Government of Iran for tion and Syria Human Rights Act of 2012’’; more. ‘‘(B) GOODS, SERVICES, TECHNOLOGY, OR SUP- terrorist organizations, including Hamas and (3) in paragraph (2)— PORT DESCRIBED.—Goods, services, technology, Hezbollah; and (A) in subparagraph (A)— or support described in this subparagraph are (B) a requirement that each member country (i) by striking ‘‘3 or more’’ and inserting ‘‘5 or goods, services, technology, or support that of the United Nations— more’’; and (i) prohibit the Islamic Republic of Iran Ship- (ii) by striking ‘‘the Comprehensive Iran Sanc- could directly and significantly contribute to ping Lines from landing at seaports, and cargo tions, Accountability, and Divestment Act of the maintenance or enhancement of Iran’s— ‘‘(i) ability to develop petroleum resources lo- flights of Iran Air from landing at airports, in 2010’’ and inserting ‘‘the Iran Threat Reduction and Syria Human Rights Act of 2012’’; and cated in Iran; or that country because of the role of those organi- ‘‘(ii) domestic production of refined petroleum zations in proliferation and illegal arms sales; (B) in subparagraph (B), by inserting before the period at the end the following: ‘‘or directly products, including any direct and significant and assistance with respect to the construction, mod- (ii) apply the prohibitions described in clause associated infrastructure, including construc- tion of port facilities, railways, and roads, the ernization, or repair of petroleum refineries or (i) to other Iranian entities designated for the directly associated infrastructure, including imposition of sanctions on or after the date of primary use of which is to support the delivery of refined petroleum products’’; construction of port facilities, railways, and the enactment of this Act; roads, the primary use of which is to support (2) expanding the range of sanctions imposed (4) in paragraph (3)— the delivery of refined petroleum products. with respect to Iran by allies of the United (A) in subparagraph (A)— ‘‘(6) DEVELOPMENT AND PURCHASE OF PETRO- States; (i) by striking ‘‘3 or more’’ and inserting ‘‘5 or more’’; and CHEMICAL PRODUCTS FROM IRAN.— (3) expanding efforts to limit the development ‘‘(A) IN GENERAL.—Except as provided in sub- (ii) by striking ‘‘the Comprehensive Iran Sanc- of petroleum resources and the importation of section (f), the President shall impose 5 or more tions, Accountability, and Divestment Act of refined petroleum products by Iran; of the sanctions described in section 6(a) with 2010’’ and inserting ‘‘the Iran Threat Reduction (4) developing additional initiatives to— respect to a person if the President determines and Syria Human Rights Act of 2012’’; and (A) increase the production of crude oil in that the person knowingly, on or after the date (B) in subparagraph (B)— countries other than Iran; and of the enactment of the Iran Threat Reduction (B) assist countries that purchase or otherwise (i) in clause (ii), by striking ‘‘; or’’ and insert- and Syria Human Rights Act of 2012, sells, obtain crude oil or petroleum products from Iran ing a semicolon; leases, or provides to Iran goods, services, tech- to eliminate their dependence on crude oil and (ii) in clause (iii), by striking the period at the nology, or support described in subparagraph petroleum products from Iran; and end and inserting a semicolon; and (B)— (iii) by adding at the end the following: (5) eliminating the revenue generated by the ‘‘(i) any of which has a fair market value of ‘‘(iv) bartering or contracting by which goods Government of Iran from the sale of petro- $250,000 or more; or chemical products produced in Iran to other are exchanged for goods, including the insur- ‘‘(ii) that, during a 12-month period, have an countries. ance or reinsurance of such exchanges; or aggregate fair market value of $1,000,000 or (b) REPORTS TO CONGRESS.—Not later than 180 ‘‘(v) purchasing, subscribing to, or facilitating more. days after the date of the enactment of this Act, the issuance of sovereign debt of the Govern- ‘‘(B) GOODS, SERVICES, TECHNOLOGY, OR SUP- and every 180 days thereafter, the President ment of Iran, including governmental bonds, PORT DESCRIBED.—Goods, services, technology, shall submit to the appropriate congressional issued on or after the date of the enactment of or support described in this subparagraph are committees a report on the extent to which dip- the Iran Threat Reduction and Syria Human goods, services, technology, or support that lomatic efforts described in subsection (a) have Rights Act of 2012.’’; and could directly and significantly contribute to been successful that includes— (5) by adding at the end the following: the maintenance or expansion of Iran’s domestic (1) an identification of the countries that have ‘‘(4) JOINT VENTURES WITH IRAN RELATING TO production of petrochemical products.’’. agreed to impose sanctions or take other meas- DEVELOPING PETROLEUM RESOURCES.— SEC. 202. IMPOSITION OF SANCTIONS WITH RE- ures to further the policy set forth in subsection ‘‘(A) IN GENERAL.—Except as provided in sub- SPECT TO TRANSPORTATION OF (a); paragraph (B) or subsection (f), the President CRUDE OIL FROM IRAN AND EVA- (2) the extent of the implementation and en- shall impose 5 or more of the sanctions described SION OF SANCTIONS BY SHIPPING forcement of those sanctions or other measures in section 6(a) with respect to a person if the COMPANIES. by those countries; President determines that the person knowingly (a) IN GENERAL.—Section 5(a) of the Iran (3) the criteria the President uses to determine participates, on or after the date of the enact- Sanctions Act of 1996, as amended by section whether a country has significantly reduced its ment of the Iran Threat Reduction and Syria 201, is further amended by adding at the end the crude oil purchases from Iran pursuant to sec- Human Rights Act of 2012, in a joint venture following:

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‘‘(7) TRANSPORTATION OF CRUDE OIL FROM more than 2 years after the date on which the ‘‘(2) JOINT VENTURES RELATING TO THE MINING, IRAN.— President imposed those sanctions. PRODUCTION, OR TRANSPORTATION OF URA- ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(C) VESSELS IDENTIFIED BY THE OFFICE OF NIUM.— section (f), the President shall impose 5 or more FOREIGN ASSETS CONTROL.—For purposes of sub- ‘‘(A) IN GENERAL.—Except as provided in sub- of the sanctions described in section 6(a) with paragraph (A)(ii), a person shall be deemed to paragraph (B) or subsection (f), the President respect to a person if the President determines have actual knowledge that a vessel is owned, shall impose 5 or more of the sanctions described that— operated, or controlled by the Government of in section 6(a) with respect to a person if the ‘‘(i) the person is a controlling beneficial Iran or an entity specified in subclause (II) or President determines that the person knowingly owner of, or otherwise owns, operates, or con- (III) of subparagraph (A)(ii) if the International participated, on or after the date of the enact- trols, or insures, a vessel that, on or after the Maritime Organization vessel registration iden- ment of the Iran Threat Reduction and Syria date that is 90 days after the date of the enact- tification for the vessel is— Human Rights Act of 2012, in a joint venture ment of the Iran Threat Reduction and Syria ‘‘(i) included on a list of specially designated that involves any activity relating to the min- Human Rights Act of 2012, was used to trans- nationals and blocked persons maintained by ing, production, or transportation of uranium— port crude oil from Iran to another country; and the Office of Foreign Assets Control of the De- ‘‘(i)(I) established on or after February 2, ‘‘(ii)(I) in the case of a person that is a con- partment of the Treasury for activities with re- 2012; and trolling beneficial owner of the vessel, the per- spect to Iran; and ‘‘(II) with— son had actual knowledge the vessel was so ‘‘(ii) identified by the Office of Foreign Assets ‘‘(aa) the Government of Iran; used; or Control as a vessel in which the Government of ‘‘(bb) an entity incorporated in Iran or subject ‘‘(II) in the case of a person that otherwise Iran or any entity specified in subclause (II) or to the jurisdiction of the Government of Iran; or owns, operates, or controls, or insures, the ves- (III) of subparagraph (A)(ii) has an interest. ‘‘(cc) a person acting on behalf of or at the di- sel, the person knew or should have known the ‘‘(D) DEFINITION OF IRANIAN ORIGIN.—For rection of, or owned or controlled by, the Gov- vessel was so used. purposes of subparagraph (A), the term ‘Iranian ernment of Iran or an entity described in item ‘‘(B) APPLICABILITY OF SANCTIONS.— origin’ means— (bb); or ‘‘(ii)(I) established before February 2, 2012; ‘‘(i) IN GENERAL.—Except as provided in ‘‘(i) with respect to crude oil, that the crude ‘‘(II) with the Government of Iran, an entity clause (ii), subparagraph (A) shall apply with oil was extracted in Iran; and described in item (bb) of clause (i)(II), or a per- respect to the transportation of crude oil from ‘‘(ii) with respect to a refined petroleum prod- son described in item (cc) of that clause; and Iran only if a determination of the President uct, that the refined petroleum product was pro- duced or refined in Iran. ‘‘(III) through which— under section 1245(d)(4)(B) of the National De- ‘‘(aa) uranium is transferred directly to Iran ‘‘(9) EXCEPTION FOR PROVISION OF UNDER- fense Authorization Act for Fiscal Year 2012 (22 or indirectly to Iran through a third country; WRITING SERVICES AND INSURANCE AND REINSUR- U.S.C. 8513a(d)(4)(B)) that there is a sufficient ‘‘(bb) the Government of Iran receives signifi- ANCE.—The President may not impose sanctions supply of petroleum and petroleum products cant revenue; or produced in countries other than Iran to permit under paragraph (7) or (8) with respect to a per- ‘‘(cc) Iran could, through a direct operational purchasers of petroleum and petroleum products son that provides underwriting services or insur- role or by other means, receive technological from Iran to reduce significantly their pur- ance or reinsurance if the President determines knowledge or equipment not previously avail- chases from Iran is in effect at the time of the that the person has exercised due diligence in able to Iran that could contribute materially to transportation of the crude oil. establishing and enforcing official policies, pro- the ability of Iran to develop nuclear weapons ‘‘(ii) EXCEPTION FOR CERTAIN COUNTRIES.— cedures, and controls to ensure that the person or related technologies. Subparagraph (A) shall not apply with respect does not provide underwriting services or insur- ‘‘(B) APPLICABILITY OF SANCTIONS.—Subpara- to the transportation of crude oil from Iran to a ance or reinsurance for the transportation of graph (A) shall not apply with respect to par- country to which the exception under para- crude oil or refined petroleum products from ticipation in a joint venture established before graph (4)(D) of section 1245(d) of the National Iran in a manner for which sanctions may be the date of the enactment of the Iran Threat Re- Defense Authorization Act for Fiscal Year 2012 imposed under either such paragraph.’’. duction and Syria Human Rights Act of 2012 if (22 U.S.C. 8513a(d)) to the imposition of sanc- (b) REGULATIONS AND GUIDELINES.—Not later the person participating in the joint venture ter- tions under paragraph (1) of that section applies than 90 days after the date of the enactment of minates that participation not later than the at the time of the transportation of the crude this Act, the President shall prescribe such regu- date that is 180 days after such date of enact- oil. lations or guidelines as are necessary to imple- ment.’’. ‘‘(8) CONCEALING IRANIAN ORIGIN OF CRUDE OIL ment paragraphs (7), (8), and (9) of section 5(a) (b) CONFORMING AMENDMENTS.—The Iran AND REFINED PETROLEUM PRODUCTS.— of the Iran Sanctions Act of 1996, as added by Sanctions Act of 1996, as amended by this sec- ‘‘(A) IN GENERAL.—Except as provided in sub- this section, including such regulations or tion and sections 201 and 202, is further amend- section (f), the President shall impose 5 or more guidelines as are necessary to implement sub- ed— of the sanctions described in section 6(a) with paragraph (B) of such paragraph (8). (1) in section 5— respect to a person if the President determines SEC. 203. EXPANSION OF SANCTIONS WITH RE- (A) in paragraph (3) of subsection (b), as re- that the person is a controlling beneficial SPECT TO DEVELOPMENT BY IRAN designated by subsection (a)(1) of this section— owner, or otherwise owns, operates, or controls, OF WEAPONS OF MASS DESTRUC- (i) by striking ‘‘paragraph (1)’’ each place it TION. a vessel that, on or after the date that is 90 days appears and inserting ‘‘paragraph (1) or (2)’’; (a) IN GENERAL.—Section 5(b) of the Iran after the date of the enactment of the Iran and Sanctions Act of 1996 (Public Law 104–172; 50 Threat Reduction and Syria Human Rights Act (ii) in subparagraph (F)— U.S.C. 1701 note) is amended— of 2012, is used, with actual knowledge in the (I) by striking ‘‘that paragraph’’ and insert- (1) by redesignating paragraph (2) as para- ing ‘‘paragraph (1) or (2), as the case may be’’; case of a person that is a controlling beneficial graph (3); and owner or knowingly in the case of a person that and (2) by striking paragraph (1) and inserting the (II) by striking ‘‘the Comprehensive Iran otherwise owns, operates, or controls the vessel, following: Sanctions, Accountability, and Divestment Act in a manner that conceals the Iranian origin of ‘‘(1) EXPORTS, TRANSFERS, AND TRANS- of 2010’’ and inserting ‘‘the Iran Threat Reduc- crude oil or refined petroleum products trans- SHIPMENTS.—Except as provided in subsection tion and Syria Human Rights Act of 2012’’; ported on the vessel, including by— (f), the President shall impose 5 or more of the (B) in subsection (c)— ‘‘(i) permitting the operator of the vessel to sanctions described in section 6(a) with respect (i) in the matter preceding paragraph (1), by suspend the operation of the vessel’s satellite to a person if the President determines that the striking ‘‘subsections (a) and (b)(1)’’ and insert- tracking device; or person— ing ‘‘subsection (a) and paragraphs (1) and (2) ‘‘(ii) obscuring or concealing the ownership, ‘‘(A) on or after the date of the enactment of of subsection (b)’’; and operation, or control of the vessel by— the Iran Threat Reduction and Syria Human (ii) in paragraph (1), by striking ‘‘subsection ‘‘(I) the Government of Iran; Rights Act of 2012, exported or transferred, or (a) or (b)(1)’’ and inserting ‘‘subsection (a) or ‘‘(II) the National Iranian Tanker Company permitted or otherwise facilitated the trans- paragraph (1) or (2) of subsection (b)’’; and or the Islamic Republic of Iran Shipping Lines; shipment of, any goods, services, technology, or (C) in subsection (f)— or other items to any other person; and (i) in the matter preceding paragraph (1), by ‘‘(III) any other entity determined by the ‘‘(B) knew or should have known that— striking ‘‘subsection (a) or (b)(1)’’ and inserting President to be owned or controlled by the Gov- ‘‘(i) the export, transfer, or transshipment of ‘‘subsection (a) or paragraph (1) or (2) of sub- ernment of Iran or an entity specified in sub- the goods, services, technology, or other items section (b)’’; and clause (II). would likely result in another person exporting, (ii) by redesignating paragraphs (6) and (7) as ‘‘(B) ADDITIONAL SANCTION.—Subject to such transferring, transshipping, or otherwise pro- paragraphs (5) and (6), respectively; and regulations as the President may prescribe and viding the goods, services, technology, or other (2) in section 9, by striking ‘‘section 5(a) or in addition to the sanctions imposed under sub- items to Iran; and 5(b)(1)’’ each place it appears and inserting paragraph (A), the President may prohibit a ‘‘(ii) the export, transfer, transshipment, or ‘‘subsection (a) or paragraph (1) or (2) of sub- vessel owned, operated, or controlled by a per- other provision of the goods, services, tech- section (b) of section 5’’. son, including a controlling beneficial owner, nology, or other items to Iran would contribute SEC. 204. EXPANSION OF SANCTIONS AVAILABLE with respect to which the President has imposed materially to the ability of Iran to— UNDER THE IRAN SANCTIONS ACT sanctions under that subparagraph and that ‘‘(I) acquire or develop chemical, biological, or OF 1996. was used for the activity for which the Presi- nuclear weapons or related technologies; or (a) IN GENERAL.—Section 6(a) of the Iran dent imposed those sanctions from landing at a ‘‘(II) acquire or develop destabilizing numbers Sanctions Act of 1996 (Public Law 104–172; 50 port in the United States for a period of not and types of advanced conventional weapons. U.S.C. 1701 note) is amended—

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EXPANSION OF DEFINITIONS UNDER rially contribute to the activities of the Govern- lowing: THE IRAN SANCTIONS ACT OF 1996. ment of Iran with respect to the proliferation of ‘‘(9) BAN ON INVESTMENT IN EQUITY OR DEBT (a) IN GENERAL.—Section 14 of the Iran Sanc- weapons of mass destruction or support for acts OF SANCTIONED PERSON.—The President may, tions Act of 1996 (Public Law 104–172; 50 U.S.C. of international terrorism, the President shall, pursuant to such regulations or guidelines as 1701 note) is amended— pursuant to Executive Order 13382 (70 Fed. Reg. the President may prescribe, prohibit any (1) by redesignating paragraphs (17) and (18) 38567; relating to blocking of property of weap- United States person from investing in or pur- as paragraphs (20) and (21), respectively; ons of mass destruction proliferators and their chasing significant amounts of equity or debt (2) by redesignating paragraphs (15) and (16) supporters) or Executive Order 13224 (66 Fed. instruments of a sanctioned person. as paragraphs (17) and (18), respectively; Reg. 49079; relating to blocking property and ‘‘(10) EXCLUSION OF CORPORATE OFFICERS.— (3) by redesignating paragraphs (4) through prohibiting transactions with persons who com- The President may direct the Secretary of State (14) as paragraphs (5) through (15), respectively; mit, threaten to commit, or support terrorism), to deny a visa to, and the Secretary of Home- (4) by inserting after paragraph (3) the fol- or otherwise pursuant to the International land Security to exclude from the United States, lowing: Emergency Economic Powers Act (50 U.S.C. 1701 any alien that the President determines is a cor- ‘‘(4) CREDIBLE INFORMATION.—The term ‘cred- et seq.), block and prohibit all transactions in porate officer or principal of, or a shareholder ible information’, with respect to a person— all property and interests in property of the per- with a controlling interest in, a sanctioned per- ‘‘(A) includes— sons specified in subsection (b) if such property son. ‘‘(i) a public announcement by the person and interests in property are in the United ‘‘(11) SANCTIONS ON PRINCIPAL EXECUTIVE OF- that the person has engaged in an activity de- States, come within the United States, or are or FICERS.—The President may impose on the prin- scribed in subsection (a) or (b) of section 5; and come within the possession or control of a cipal executive officer or officers of any sanc- ‘‘(ii) information set forth in a report to stock- United States person. tioned person, or on persons performing similar holders of the person indicating that the person (b) PERSONS SPECIFIED.—The persons specified functions and with similar authorities as such has engaged in such an activity; and in this subsection are— officer or officers, any of the sanctions under ‘‘(B) may include, in the discretion of the (1) the person that sold, leased, or provided a this subsection.’’. President— vessel or provided insurance or reinsurance or (b) EFFECTIVE DATE.—The amendments made ‘‘(i) an announcement by the Government of another shipping service described in subsection by subsection (a) shall take effect on the date of Iran that the person has engaged in such an ac- (a); and the enactment of this Act and apply with re- tivity; or (2) any person that— spect to activities described in subsections (a) ‘‘(ii) information indicating that the person (A) is a successor entity to the person referred and (b) of section 5 of the Iran Sanctions Act of has engaged in such an activity that is set forth to in paragraph (1); 1996, as amended by this title, commenced on or (B) owns or controls the person referred to in in— after such date of enactment. paragraph (1), if the person that owns or con- ‘‘(I) a report of the Government Account- trols the person referred to in paragraph (1) had SEC. 205. MODIFICATION OF WAIVER STANDARD ability Office, the Energy Information Adminis- UNDER THE IRAN SANCTIONS ACT actual knowledge or should have known that tration, or the Congressional Research Service; OF 1996. the person referred to in paragraph (1) sold, or Section 9(c) of the Iran Sanctions Act of 1996, leased, or provided the vessel or provided the in- ‘‘(II) a report or publication of a similarly rep- as amended by section 203, is further amended surance or reinsurance or other shipping serv- utable governmental organization or trade or in- by striking paragraph (1) and inserting the fol- ice; or dustry organization.’’; lowing: (C) is owned or controlled by, or under com- (5) by inserting after paragraph (15), as redes- ‘‘(1) AUTHORITY.— mon ownership or control with, the person re- ignated by paragraph (3), the following: ‘‘(A) SANCTIONS RELATING TO THE ENERGY SEC- ferred to in paragraph (1), if the person owned ‘‘(16) PETROCHEMICAL PRODUCT.—The term TOR OF IRAN.—The President may waive, on a or controlled by, or under common ownership or ‘petrochemical product’ includes any aromatic, case-by-case basis and for a period of not more control with (as the case may be), the person re- olefin, or synthesis gas, and any derivative of than one year, the requirement in section 5(a) to ferred to in paragraph (1) knowingly engaged in such a gas, including ethylene, propylene, buta- impose a sanction or sanctions on a person de- the sale, lease, or provision of the vessel or the diene, benzene, toluene, xylene, ammonia, meth- scribed in section 5(c), and may waive the con- provision of the insurance or reinsurance or anol, and urea.’’; and tinued imposition of a sanction or sanctions other shipping service. (6) by inserting after paragraph (18), as redes- under subsection (b) of this section, 30 days or (c) WAIVER.—The President may waive the re- more after the President determines and so re- ignated by paragraph (2), the following: quirement to impose sanctions with respect to a ERVICES.—The term ‘services’ includes ports to the appropriate congressional commit- ‘‘(19) S person under subsection (a) on or after the date software, hardware, financial, professional con- tees that it is essential to the national security that is 30 days after the President— interests of the United States to exercise such sulting, engineering, and specialized energy in- (1) determines that such a waiver is vital to waiver authority. formation services, energy-related technical as- the national security interests of the United ‘‘(B) SANCTIONS RELATING TO DEVELOPMENT sistance, and maintenance and repairs.’’. States; and OF WEAPONS OF MASS DESTRUCTION OR OTHER (b) EFFECTIVE DATE.—The amendments made (2) submits to the appropriate congressional MILITARY CAPABILITIES.—The President may by subsection (a) shall take effect on the date of committees a report that contains the reasons waive, on a case-by-case basis and for a period the enactment of this Act and apply with re- for that determination. of not more than one year, the requirement in spect to activities described in subsections (a) (d) REPORT REQUIRED.— paragraph (1) or (2) of section 5(b) to impose a and (b) of section 5 of the Iran Sanctions Act of (1) IN GENERAL.—Not later than 90 days after sanction or sanctions on a person described in 1996, as amended by this title, commenced on or the date of the enactment of this Act, and every section 5(c), and may waive the continued impo- after such date of enactment. 90 days thereafter, the Secretary of the Treas- sition of a sanction or sanctions under sub- SEC. 208. SENSE OF CONGRESS ON ENERGY SEC- ury, in coordination with the Secretary of State, section (b) of this section, 30 days or more after TOR OF IRAN. shall submit to the appropriate congressional the President determines and so reports to the It is the sense of Congress that— committees a report identifying operators of ves- appropriate congressional committees that it is (1) the energy sector of Iran remains a zone of sels and other persons that conduct or facilitate vital to the national security interests of the proliferation concern since the Government of significant financial transactions with persons United States to exercise such waiver authority. Iran continues to divert substantial revenues de- that manage ports in Iran that have been des- ‘‘(C) RENEWAL OF WAIVERS.—The President rived from sales of petroleum resources to fi- ignated for the imposition of sanctions pursuant may renew, on a case-by-case basis, a waiver nance its illicit nuclear and missile activities; to the International Emergency Economic Pow- with respect to a person under subparagraph and ers Act (50 U.S.C. 1701 et seq.). (A) or (B) for additional one-year periods if, not (2) the President should apply the full range (2) FORM OF REPORT.—A report submitted later than 30 days before the waiver expires, the of sanctions under the Iran Sanctions Act of under paragraph (1) shall be submitted in un- President makes the determination and submits 1996, as amended by this Act, to address the classified form but may contain a classified to the appropriate congressional committees the threat posed by the Government of Iran. annex. report described in subparagraph (A) or (B), as Subtitle B—Additional Measures Relating to (e) RULE OF CONSTRUCTION.—Nothing in this applicable.’’. Sanctions Against Iran section shall be construed to limit the authority SEC. 206. BRIEFINGS ON IMPLEMENTATION OF of the President to designate persons for the im- SEC. 211. IMPOSITION OF SANCTIONS WITH RE- position of sanctions pursuant to Executive THE IRAN SANCTIONS ACT OF 1996. SPECT TO THE PROVISION OF VES- Section 4 of the Iran Sanctions Act of 1996 SELS OR SHIPPING SERVICES TO Order 13382 (70 Fed. Reg. 38567; relating to the (Public Law 104–172; 50 U.S.C. 1701 note) is TRANSPORT CERTAIN GOODS RE- blocking of property of weapons of mass de- amended by adding at the end the following: LATED TO PROLIFERATION OR TER- struction proliferators and their supporters) or ‘‘(f) BRIEFINGS ON IMPLEMENTATION.—Not RORISM ACTIVITIES TO IRAN. Executive Order 13224 (66 Fed. Reg. 49079; relat- later than 90 days after the date of the enact- (a) IN GENERAL.—Except as provided in sub- ing to blocking property and prohibiting trans- ment of the Iran Threat Reduction and Syria section (c), if the President determines that a actions with persons who commit, threaten to Human Rights Act of 2012, and every 120 days person, on or after the date of the enactment of commit, or support terrorism), or otherwise pur- thereafter, the President, acting through the this Act, knowingly sells, leases, or provides a suant to the International Emergency Economic Secretary of State, shall provide to the appro- vessel or provides insurance or reinsurance or Powers Act (50 U.S.C. 1701 et seq.).

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5557 SEC. 212. IMPOSITION OF SANCTIONS WITH RE- countability, and Divestment Act of 2010 (22 SEC. 216. EXPANSION OF, AND REPORTS ON, MAN- SPECT TO PROVISION OF UNDER- U.S.C. 8501 et seq.), the International Emer- DATORY SANCTIONS WITH RESPECT WRITING SERVICES OR INSURANCE gency Economic Powers Act (50U.S.C. 1701 et TO FINANCIAL INSTITUTIONS THAT OR REINSURANCE FOR THE NA- seq.), section 1245 of the National Defense Au- ENGAGE IN CERTAIN ACTIVITIES RE- TIONAL IRANIAN OIL COMPANY OR LATING TO IRAN. thorization Act for Fiscal Year 2012 (22 U.S.C. THE NATIONAL IRANIAN TANKER (a) IN GENERAL.—The Comprehensive Iran 8513a), or any other provision of this Act. COMPANY. Sanctions, Accountability, and Divestment Act (a) IN GENERAL.—Except as provided in sub- SEC. 213. IMPOSITION OF SANCTIONS WITH RE- of 2010 (22 U.S.C. 8501 et seq.) is amended by in- section (b), not later than 60 days after the date SPECT TO PURCHASE, SUBSCRIP- serting after section 104 the following: of the enactment of this Act, the President shall TION TO, OR FACILITATION OF THE ‘‘SEC. 104A. EXPANSION OF, AND REPORTS ON, impose 5 or more of the sanctions described in ISSUANCE OF IRANIAN SOVEREIGN DEBT. MANDATORY SANCTIONS WITH RE- section 6(a) of the Iran Sanctions Act of 1996, as SPECT TO FINANCIAL INSTITUTIONS (a) IN GENERAL.—The President shall impose 5 amended by section 204, with respect to a person THAT ENGAGE IN CERTAIN ACTIVI- or more of the sanctions described in section 6(a) if the President determines that the person TIES. of the Iran Sanctions Act of 1996, as amended knowingly, on or after such date of enactment, ‘‘(a) IN GENERAL.—Not later than 90 days by section 204, with respect to a person if the provides underwriting services or insurance or after the date of the enactment of the Iran President determines that the person knowingly, reinsurance for the National Iranian Oil Com- Threat Reduction and Syria Human Rights Act on or after the date of the enactment of this Act, pany, the National Iranian Tanker Company, of 2012, the Secretary of the Treasury shall re- purchases, subscribes to, or facilitates the or a successor entity to either such company. vise the regulations prescribed under section issuance of— (b) EXCEPTIONS.— 104(c)(1) to apply to a foreign financial institu- (1) sovereign debt of the Government of Iran (1) UNDERWRITERS AND INSURANCE PROVIDERS tion described in subsection (b) to the same ex- issued on or after such date of enactment, in- EXERCISING DUE DILIGENCE.—The President is tent and in the same manner as those regula- cluding governmental bonds; or authorized not to impose sanctions under sub- tions apply to a foreign financial institution (2) debt of any entity owned or controlled by section (a) with respect to a person that pro- that the Secretary of the Treasury finds know- the Government of Iran issued on or after such vides underwriting services or insurance or rein- ingly engages in an activity described in section date of enactment, including bonds. surance if the President determines that the per- 104(c)(2). (b) APPLICATION OF PROVISIONS OF IRAN SANC- son has exercised due diligence in establishing ‘‘(b) FOREIGN FINANCIAL INSTITUTIONS DE- TIONS ACT OF 1996.—The following provisions of and enforcing official policies, procedures, and SCRIBED.—A foreign financial institution de- the Iran Sanctions Act of 1996, as amended by controls to ensure that the person does not pro- scribed in this subsection is a foreign financial this Act, apply with respect to the imposition of vide underwriting services or insurance or rein- institution, including an Iranian financial insti- sanctions under subsection (a) to the same ex- surance for the National Iranian Oil Company, tution, that the Secretary of the Treasury tent that such provisions apply with respect to the National Iranian Tanker Company, or a finds— the imposition of sanctions under section 5(a) of successor entity to either such company. ‘‘(1) knowingly facilitates, or participates or the Iran Sanctions Act of 1996: (2) FOOD; MEDICINE; HUMANITARIAN ASSIST- assists in, an activity described in section (1) Subsection (c) of section 4. ANCE.—The President may not impose sanctions 104(c)(2), including by acting on behalf of, at under subsection (a) for the provision of under- (2) Subsections (c), (d), and (f) of section 5. the direction of, or as an intermediary for, or writing services or insurance or reinsurance for (3) Section 8. otherwise assisting, another person with respect any activity relating solely to— (4) Section 9. to the activity; (A) the provision of agricultural commodities, (5) Section 11. ‘‘(2) attempts or conspires to facilitate or par- food, medicine, or medical devices to Iran; or (6) Section 12. ticipate in such an activity; or (B) the provision of humanitarian assistance (7) Subsection (b) of section 13. ‘‘(3) is owned or controlled by a foreign finan- to the people of Iran. (8) Section 14. cial institution that the Secretary finds know- (3) TERMINATION PERIOD.—The President is SEC. 214. IMPOSITION OF SANCTIONS WITH RE- ingly engages in such an activity. authorized not to impose sanctions under sub- SPECT TO SUBSIDIARIES AND ‘‘(c) REPORTS REQUIRED.— AGENTS OF PERSONS SANCTIONED section (a) with respect to a person if the Presi- ‘‘(1) IN GENERAL.—Not later than 180 days BY UNITED NATIONS SECURITY dent receives reliable assurances that the person COUNCIL RESOLUTIONS. after the date of the enactment of the Iran will terminate the provision of underwriting (a) IN GENERAL.—Section 104(c)(2)(B) of the Threat Reduction and Syria Human Rights Act services or insurance or reinsurance for the Na- Comprehensive Iran Sanctions, Accountability, of 2012, and every 180 days thereafter, the Sec- tional Iranian Oil Company, the National Ira- and Divestment Act of 2010 (22 U.S.C. retary of the Treasury shall submit to the ap- nian Tanker Company, and any successor enti- 8513(c)(2)(B)) is amended— propriate congressional committees a report that ty to either such company, not later than the (1) by striking ‘‘of a person subject’’ and in- contains a detailed description of— date that is 120 days after the date of the enact- serting the following: ‘‘of— ‘‘(A) the effect of the regulations prescribed ment of this Act. ‘‘(i) a person subject’’; under section 104(c)(1) on the financial system (c) DEFINITIONS.—In this section: (2) in clause (i), as designated by paragraph and economy of Iran and capital flows to and (1) AGRICULTURAL COMMODITY.—The term (1), by striking the semicolon and inserting ‘‘; from Iran; and ‘‘agricultural commodity’’ has the meaning or’’; and ‘‘(B) the ways in which funds move into and given that term in section 102 of the Agricul- (3) by adding at the end the following: out of financial institutions described in section tural Trade Act of 1978 (7 U.S.C. 5602). ‘‘(ii) a person acting on behalf of or at the di- 104(c)(2)(E)(ii), with specific attention to the use (2) MEDICAL DEVICE.—The term ‘‘medical de- rection of, or owned or controlled by, a person of other Iranian financial institutions and other vice’’ has the meaning given the term ‘‘device’’ described in clause (i);’’. foreign financial institutions to receive and in section 201 of the Federal Food, Drug, and (b) REGULATIONS.—Not later than 90 days transfer funds for financial institutions de- Cosmetic Act (21 U.S.C. 321). after the date of the enactment of this Act, the scribed in that section. (3) MEDICINE.—The term ‘‘medicine’’ has the Secretary of the Treasury shall make such revi- ‘‘(2) FORM OF REPORT.—Each report submitted meaning given the term ‘‘drug’’ in section 201 of sions to the regulations prescribed under section under paragraph (1) shall be submitted in un- the Federal Food, Drug, and Cosmetic Act (21 104 of the Comprehensive Iran Sanctions, Ac- classified form but may contain a classified U.S.C. 321). countability, and Divestment Act of 2010 (22 annex. (d) APPLICATION OF PROVISIONS OF IRAN SANC- U.S.C. 8513) as are necessary to carry out the ‘‘(d) DEFINITIONS.—In this section: TIONS ACT OF 1996.—The following provisions of amendments made by subsection (a). ‘‘(1) FINANCIAL INSTITUTION.—The term ‘fi- the Iran Sanctions Act of 1996, as amended by nancial institution’ means a financial institu- this Act, apply with respect to the imposition of SEC. 215. IMPOSITION OF SANCTIONS WITH RE- tion specified in subparagraph (A), (B), (C), (D), SPECT TO TRANSACTIONS WITH PER- sanctions under subsection (a) to the same ex- SONS SANCTIONED FOR CERTAIN (E), (F), (G), (H), (I), (J), (K), (M), (N), (R), or tent that such provisions apply with respect to ACTIVITIES RELATING TO TER- (Y) of section 5312(a)(2) of title 31, United States the imposition of sanctions under section 5(a) of RORISM OR PROLIFERATION OF Code. the Iran Sanctions Act of 1996: WEAPONS OF MASS DESTRUCTION. ‘‘(2) FOREIGN FINANCIAL INSTITUTION.—The (1) Subsection (c) of section 4. (a) IN GENERAL.—Section 104(c)(2)(E)(ii) of term ‘foreign financial institution’ has the (2) Subsections (c), (d), and (f) of section 5. the Comprehensive Iran Sanctions, Account- meaning of that term as determined by the Sec- (3) Section 8. ability, and Divestment Act of 2010 (22 U.S.C. retary of the Treasury pursuant to section (4) Section 9. 8513(c)(2)(E)(ii)) is amended in the matter pre- 104(i). (5) Section 11. ceding subclause (I) by striking ‘‘financial insti- ‘‘(3) IRANIAN FINANCIAL INSTITUTION.—The (6) Section 12. tution’’ and inserting ‘‘person’’. term ‘Iranian financial institution’ means— (7) Subsection (b) of section 13. (b) REGULATIONS.—Not later than 90 days ‘‘(A) a financial institution organized under (8) Section 14. after the date of the enactment of this Act, the the laws of Iran or any jurisdiction within Iran, (e) RULE OF CONSTRUCTION AND IMPLEMENTA- Secretary of the Treasury shall make such revi- including a foreign branch of such an institu- TION.—Nothing in this section shall be con- sions to the regulations prescribed under section tion; strued to limit the authority of the President to 104 of the Comprehensive Iran Sanctions, Ac- ‘‘(B) a financial institution located in Iran; impose sanctions pursuant to the Iran Sanctions countability, and Divestment Act of 2010 (22 ‘‘(C) a financial institution, wherever located, Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 U.S.C. 8513) as are necessary to carry out the owned or controlled by the Government of Iran; note), the Comprehensive Iran Sanctions, Ac- amendment made by subsection (a). and

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‘‘(D) a financial institution, wherever located, (e) RULE OF CONSTRUCTION.—Nothing in this utive Order 13224 (66 Fed. Reg. 49079; relating to owned or controlled by a financial institution section shall be construed to limit the authority blocking property and prohibiting transactions described in subparagraph (A), (B), or (C).’’. of the President pursuant to the International with persons who commit, threaten to commit, (b) CLERICAL AMENDMENT.—The table of con- Emergency Economic Powers Act (50 U.S.C. 1701 or support terrorism); tents for the Comprehensive Iran Sanctions, Ac- et seq.) or the Comprehensive Iran Sanctions, ‘‘(ii) any person the property and interests in countability, and Divestment Act of 2010 is Accountability, and Divestment Act of 2010 (22 property of which are blocked pursuant to Exec- amended by inserting after the item relating to U.S.C. 8501 et seq.). utive Order 13382 (70 Fed. Reg. 38567; relating to section 104 the following: SEC. 218. LIABILITY OF PARENT COMPANIES FOR blocking of property of weapons of mass de- ‘‘Sec. 104A. Expansion of, and reports on, man- VIOLATIONS OF SANCTIONS BY FOR- struction proliferators and their supporters); or datory sanctions with respect to EIGN SUBSIDIARIES. ‘‘(iii) any person or entity identified under financial institutions that engage (a) DEFINITIONS.—In this section: section 560.304 of title 31, Code of Federal Regu- in certain activities.’’. (1) ENTITY.—The term ‘‘entity’’ means a part- lations (relating to the definition of the Govern- SEC. 217. CONTINUATION IN EFFECT OF SANC- nership, association, trust, joint venture, cor- ment of Iran) without the specific authorization TIONS WITH RESPECT TO THE GOV- poration, or other organization. of a Federal department or agency. (2) OWN OR CONTROL.—The term ‘‘own or con- ERNMENT OF IRAN, THE CENTRAL ‘‘(2) INFORMATION REQUIRED.—If an issuer or BANK OF IRAN, AND SANCTIONS trol’’ means, with respect to an entity— an affiliate of the issuer has engaged in any ac- EVADERS. (A) to hold more than 50 percent of the equity tivity described in paragraph (1), the issuer (a) SANCTIONS RELATING TO BLOCKING OF interest by vote or value in the entity; shall disclose a detailed description of each such PROPERTY OF THE GOVERNMENT OF IRAN AND (B) to hold a majority of seats on the board of activity, including— IRANIAN FINANCIAL INSTITUTIONS.—United directors of the entity; or States sanctions with respect to Iran provided (C) to otherwise control the actions, policies, ‘‘(A) the nature and extent of the activity; for in Executive Order 13599 (77 Fed. Reg. 6659), or personnel decisions of the entity. ‘‘(B) the gross revenues and net profits, if as in effect on the day before the date of the en- (b) PROHIBITION.—Not later than 60 days after any, attributable to the activity; and actment of this Act, shall remain in effect until the date of the enactment of this Act, the Presi- ‘‘(C) whether the issuer or the affiliate of the the date that is 90 days after the date on which dent shall prohibit an entity owned or con- issuer (as the case may be) intends to continue the President submits to the appropriate con- trolled by a United States person and estab- the activity. gressional committees the certification described lished or maintained outside the United States ‘‘(3) NOTICE OF DISCLOSURES.—If an issuer re- in subsection (d). from knowingly engaging in any transaction di- ports under paragraph (1) that the issuer or an (b) SANCTIONS RELATING TO FOREIGN SANC- rectly or indirectly with the Government of Iran affiliate of the issuer has knowingly engaged in TIONS EVADERS.—United States sanctions with or any person subject to the jurisdiction of the any activity described in that paragraph, the respect to Iran provided for in Executive Order Government of Iran that would be prohibited by issuer shall separately file with the Commission, 13608 (77 Fed. Reg. 26409), as in effect on the an order or regulation issued pursuant to the concurrently with the annual or quarterly re- day before the date of the enactment of this Act, International Emergency Economic Powers Act port under subsection (a), a notice that the dis- shall remain in effect until the date that is 30 (50 U.S.C. 1701 et seq.) if the transaction were closure of that activity has been included in days after the date on which the President sub- engaged in by a United States person or in the that annual or quarterly report that identifies mits to the appropriate congressional committees United States. the issuer and contains the information required the certification described in section 401(a) of (c) CIVIL PENALTY.—The civil penalties pro- by paragraph (2). the Comprehensive Iran Sanctions, Account- vided for in section 206(b) of the International ‘‘(4) PUBLIC DISCLOSURE OF INFORMATION.— ability, and Divestment Act of 2010 (22 U.S.C. Emergency Economic Powers Act (50 U.S.C. Upon receiving a notice under paragraph (3) 8551(a)). 1705(b)) shall apply to a United States person to that an annual or quarterly report includes a (c) CONTINUATION OF SANCTIONS WITH RE- the same extent that such penalties apply to a disclosure of an activity described in paragraph SPECT TO THE CENTRAL BANK OF IRAN.—In addi- person that commits an unlawful act described (1), the Commission shall promptly— tion to the sanctions referred to in subsection in section 206(a) of that Act if an entity owned ‘‘(A) transmit the report to— (a), the President shall continue to apply to the or controlled by the United States person and ‘‘(i) the President; Central Bank of Iran sanctions pursuant to the established or maintained outside the United ‘‘(ii) the Committee on Foreign Affairs and the International Emergency Economic Powers Act States violates, attempts to violate, conspires to Committee on Financial Services of the House of (50 U.S.C. 1701 et seq.), including blocking of violate, or causes a violation of any order or Representatives; and property and restrictions or prohibitions on fi- regulation issued to implement subsection (b). ‘‘(iii) the Committee on Foreign Relations and nancial transactions and the exportation of (d) APPLICABILITY.—Subsection (c) shall not the Committee on Banking, Housing, and Urban property, until the date that is 90 days after the apply with respect to a transaction described in Affairs of the Senate; and date on which the President submits to Congress subsection (b) by an entity owned or controlled ‘‘(B) make the information provided in the the certification described in subsection (d). by a United States person and established or disclosure and the notice available to the public (d) CERTIFICATION DESCRIBED.— maintained outside the United States if the (1) IN GENERAL.—The certification described in by posting the information on the Internet United States person divests or terminates its website of the Commission. this subsection is the certification of the Presi- business with the entity not later than the date dent to Congress that the Central Bank of Iran ‘‘(5) INVESTIGATIONS.—Upon receiving a report that is 180 days after the date of the enactment under paragraph (4) that includes a disclosure is not— of this Act. (A) providing financial services in support of, of an activity described in paragraph (1) (other SEC. 219. DISCLOSURES TO THE SECURITIES AND or otherwise facilitating, the ability of Iran to— than an activity described in subparagraph EXCHANGE COMMISSION RELATING (D)(iii) of that paragraph), the President shall— (i) acquire or develop chemical, biological, or TO SANCTIONABLE ACTIVITIES. nuclear weapons, or related technologies; ‘‘(A) initiate an investigation into the possible (a) IN GENERAL.—Section 13 of the Securities (ii) construct, equip, operate, or maintain nu- imposition of sanctions under the Iran Sanc- Exchange Act of 1934 (15 U.S.C. 78m) is amended clear facilities that could aid Iran’s effort to ac- tions Act of 1996 (Public Law 104–172; 50 U.S.C. by adding at the end the following new sub- quire a nuclear capability; or 1701 note), section 104 or 105A of the Com- section: (iii) acquire or develop ballistic missiles, cruise prehensive Iran Sanctions, Accountability, and ‘‘(r) DISCLOSURE OF CERTAIN ACTIVITIES RE- missiles, or destabilizing types and amounts of Divestment Act of 2010, an Executive Order LATING TO IRAN.— conventional weapons; or specified in clause (i) or (ii) of paragraph (1)(D), (B) facilitating transactions or providing fi- ‘‘(1) IN GENERAL.—Each issuer required to file an annual or quarterly report under subsection or any other provision of law relating to the im- nancial services for— position of sanctions with respect to Iran, as ap- (i) Iran’s Revolutionary Guard Corps; or (a) shall disclose in that report the information required by paragraph (2) if, during the period plicable; and (ii) financial institutions the property or in- ‘‘(B) not later than 180 days after initiating terests in property of which are blocked pursu- covered by the report, the issuer or any affiliate of the issuer— such an investigation, make a determination ant to the International Emergency Economic with respect to whether sanctions should be im- Powers Act (50 U.S.C. 1701 et seq.) in connection ‘‘(A) knowingly engaged in an activity de- scribed in subsection (a) or (b) of section 5 of the posed with respect to the issuer or the affiliate with— of the issuer (as the case may be). (I) Iran’s proliferation of weapons of mass de- Iran Sanctions Act of 1996 (Public Law 104–172; struction or delivery systems for weapons of 50 U.S.C. 1701 note); ‘‘(6) SUNSET.—The provisions of this sub- mass destruction; or ‘‘(B) knowingly engaged in an activity de- section shall terminate on the date that is 30 (II) Iran’s support for international terrorism. scribed in subsection (c)(2) of section 104 of the days after the date on which the President (2) SUBMISSION TO CONGRESS.— Comprehensive Iran Sanctions, Accountability, makes the certification described in section (A) IN GENERAL.—The President shall submit and Divestment Act of 2010 (22 U.S.C. 8513) or a 401(a) of the Comprehensive Iran Sanctions, Ac- the certification described in paragraph (1) to transaction described in subsection (d)(1) of that countability, and Divestment Act of 2010 (22 the appropriate congressional committees in section; U.S.C. 8551(a)).’’. writing and shall include a justification for the ‘‘(C) knowingly engaged in an activity de- (b) EFFECTIVE DATE.—The amendment made certification. scribed in section 105A(b)(2) of that Act; or by subsection (a) shall take effect with respect (B) FORM OF CERTIFICATION.—The certifi- ‘‘(D) knowingly conducted any transaction or to reports required to be filed with the Securities cation described in paragraph (1) shall be sub- dealing with— and Exchange Commission after the date that is mitted in unclassified form but may contain a ‘‘(i) any person the property and interests in 180 days after the date of the enactment of this classified annex. property of which are blocked pursuant to Exec- Act.

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5559 SEC. 220. REPORTS ON, AND AUTHORIZATION OF (A) the person is subject to a sanctions regime (1) determines that such a waiver is essential IMPOSITION OF SANCTIONS WITH under its governing foreign law that requires it to the national interests of the United States; RESPECT TO, THE PROVISION OF to eliminate the knowing provision of such mes- and SPECIALIZED FINANCIAL MES- SAGING SERVICES TO THE CENTRAL saging services to, and the knowing enabling (2) not less than 7 days before the waiver BANK OF IRAN AND OTHER SANC- and facilitation of direct or indirect access to takes effect, notifies Congress of the waiver and TIONED IRANIAN FINANCIAL INSTI- such messaging services for— the reason for the waiver. TUTIONS. (i) the Central Bank of Iran; and SEC. 222. SENSE OF CONGRESS AND RULE OF (a) SENSE OF CONGRESS.—It is the sense of (ii) a group of Iranian financial institutions CONSTRUCTION RELATING TO CER- Congress that— identified under such governing foreign law for TAIN AUTHORITIES OF STATE AND (1) providers of specialized financial mes- purposes of that sanctions regime if the Presi- LOCAL GOVERNMENTS. saging services are a critical link to the inter- dent determines that— (a) SENSE OF CONGRESS.—It is the sense of national financial system; (I) the group is substantially similar to the Congress that the United States should support (2) the European Union is to be commended group of financial institutions described in sec- actions by States or local governments that are for strengthening the multilateral sanctions re- tion 104(c)(2)(E)(ii) of the Comprehensive Iran within their authority, including determining gime against Iran by deciding that specialized Sanctions, Accountability, and Divestment Act how investment assets are valued for purposes financial messaging services may not be pro- of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and of safety and soundness of financial institutions vided to the Central Bank of Iran and other (II) the differences between those groups of fi- and insurers, that are consistent with and in sanctioned Iranian financial institutions by per- nancial institutions do not adversely affect the furtherance of the purposes of this Act and sons subject to the jurisdiction of the European national interest of the United States; and other Acts that are amended by this Act. Union; and (B) the person has, pursuant to that sanctions (b) RULE OF CONSTRUCTION.—Section 202 of (3) the loss of access by sanctioned Iranian fi- regime, terminated the knowing provision of the Comprehensive Iran Sanctions, Account- nancial institutions to specialized financial mes- such messaging services to, and the knowing en- ability, and Divestment Act of 2010 (22 U.S.C. saging services must be maintained. abling and facilitation of direct or indirect ac- 8532) is amended by adding at the end the fol- (b) REPORTS REQUIRED.— cess to such messaging services for, the Central lowing: (1) IN GENERAL.—Not later than 60 days after Bank of Iran and each Iranian financial insti- ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this the date of the enactment of this Act, and every tution identified under such governing foreign Act or any other provision of law authorizing 90 days thereafter, the Secretary of the Treasury law for purposes of that sanctions regime. sanctions with respect to Iran shall be construed shall submit to the appropriate congressional (d) RULE OF CONSTRUCTION.—Nothing in this to abridge the authority of a State to issue and committees a report that contains— section shall be construed to limit the authority enforce rules governing the safety, soundness, (A) a list of all persons that the Secretary has of the President pursuant to the International identified that directly provide specialized fi- and solvency of a financial institution subject to Emergency Economic Powers Act (50 U.S.C. 1701 its jurisdiction or the business of insurance pur- nancial messaging services to, or enable or fa- et seq.) or the Comprehensive Iran Sanctions, cilitate direct or indirect access to such mes- suant to the Act of March 9, 1945 (15 U.S.C. 1011 Accountability, and Divestment Act of 2010 (22 saging services for, the Central Bank of Iran or et seq.) (commonly known as the ‘McCarran- U.S.C. 8501 et seq.). a financial institution described in section Ferguson Act’).’’. 104(c)(2)(E)(ii) of the Comprehensive Iran Sanc- SEC. 221. IDENTIFICATION OF, AND IMMIGRATION SEC. 223. GOVERNMENT ACCOUNTABILITY OF- RESTRICTIONS ON, SENIOR OFFI- FICE REPORT ON FOREIGN ENTITIES tions, Accountability, and Divestment Act of CIALS OF THE GOVERNMENT OF 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and THAT INVEST IN THE ENERGY SEC- IRAN AND THEIR FAMILY MEMBERS. TOR OF IRAN OR EXPORT REFINED (B) a detailed assessment of the status of ef- (a) IDENTIFICATION.—Not later than 180 days forts by the Secretary to end the direct provision PETROLEUM PRODUCTS TO IRAN. after the date of the enactment of this Act, and (a) INITIAL REPORT.— of such messaging services to, and the enabling annually thereafter, the President shall publish or facilitation of direct or indirect access to such (1) IN GENERAL.—Not later than 120 days after a list of each individual the President deter- the date of the enactment of this Act, the Comp- messaging services for, the Central Bank of Iran mines is— or a financial institution described in that sec- troller General of the United States shall submit (1) a senior official of the Government of Iran to the appropriate congressional committees a tion. described in subsection (b) that is involved in NABLING OR FACILITATION OF ACCESS TO report— (2) E Iran’s— SPECIALIZED FINANCIAL MESSAGING SERVICES (A) listing all foreign investors in the energy (A) illicit nuclear activities or proliferation of sector of Iran during the period specified in THROUGH INTERMEDIARY FINANCIAL INSTITU- weapons of mass destruction or delivery systems TIONS.—For purposes of paragraph (1) and sub- paragraph (2), including— for weapons of mass destruction; (i) entities that exported gasoline and other section (c), enabling or facilitating direct or in- (B) support for international terrorism; or refined petroleum products to Iran; direct access to specialized financial messaging (C) commission of serious human rights abuses (ii) entities involved in providing refined pe- services for the Central Bank of Iran or a finan- against citizens of Iran or their family members; troleum products to Iran, including— cial institution described in section or 104(c)(2)(E)(ii) of the Comprehensive Iran Sanc- (2) a family member of such an official. (I) entities that provided ships to transport re- tions, Accountability, and Divestment Act of (b) SENIOR OFFICIALS OF THE GOVERNMENT OF fined petroleum products to Iran; and 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) includes doing IRAN DESCRIBED.—A senior official of the Gov- (II) entities that provided insurance or rein- so by serving as an intermediary financial insti- ernment of Iran described in this subsection is surance for shipments of refined petroleum tution with access to such messaging services. any senior official of that Government, includ- products to Iran; and (3) FORM OF REPORT.—A report submitted ing— (iii) entities involved in commercial trans- under paragraph (1) shall be submitted in un- (1) the Supreme Leader of Iran; actions of any kind, including joint ventures classified form but may contain a classified (2) the President of Iran; anywhere in the world, with Iranian energy annex. (3) a member of the Cabinet of the Government companies; and (c) AUTHORIZATION OF IMPOSITION OF SANC- of Iran; (B) identifying the countries in which gaso- TIONS.— (4) a member of the Assembly of Experts; line and other refined petroleum products ex- (1) IN GENERAL.—Except as provided in para- (5) a senior member of the Intelligence Min- ported to Iran during the period specified in graph (2), if, on or after the date that is 90 days istry of Iran; or paragraph (2) were produced or refined. after the date of the enactment of this Act, a (6) a senior member of Iran’s Revolutionary (2) PERIOD SPECIFIED.—The period specified in person continues to knowingly and directly pro- Guard Corps, including a senior member of a this paragraph is the period beginning on Janu- vide specialized financial messaging services to, paramilitary organization such as Ansar-e- ary 1, 2009, and ending on the date that is 150 or knowingly enable or facilitate direct or indi- Hezbollah or Basij-e Motaz’afin. days after the date of the enactment of this Act. rect access to such messaging services for, the (c) EXCLUSION FROM UNITED STATES.—Except (b) UPDATED REPORT.—Not later than one Central Bank of Iran or a financial institution as provided in subsection (d), the Secretary of year after submitting the report required by sub- described in paragraph (2)(E)(ii) of section State shall deny a visa to, and the Secretary of section (a), the Comptroller General of the 104(c) of the Comprehensive Iran Sanctions, Ac- Homeland Security shall exclude from the United States shall submit to the appropriate countability, and Divestment Act of 2010 (22 United States, any alien who is on the list re- congressional committees a report containing U.S.C. 8513(c)), the President may impose sanc- quired by subsection (a). the matters required in the report under sub- tions pursuant to that section or the Inter- (d) EXCEPTION TO COMPLY WITH UNITED NA- section (a)(1) for the one-year period beginning national Emergency Economic Powers Act (50 TIONS HEADQUARTERS AGREEMENT.—Subsection on the date that is 30 days before the date on U.S.C. 1701 et seq.) with respect to the person. (c) shall not apply to an individual if admitting which the preceding report was required to be (2) EXCEPTION.—The President may not im- the individual to the United States is necessary submitted by this section. pose sanctions pursuant to paragraph (1) with to permit the United States to comply with the SEC. 224. REPORTING ON THE IMPORTATION TO respect to a person for directly providing spe- Agreement between the United Nations and the AND EXPORTATION FROM IRAN OF cialized financial messaging services to, or ena- United States of America regarding the Head- CRUDE OIL AND REFINED PETRO- bling or facilitating direct or indirect access to quarters of the United Nations, signed June 26, LEUM PRODUCTS. such messaging services for, the Central Bank of 1947, and entered into force November 21, 1947, Section 110(b) of the Comprehensive Iran Iran or a financial institution described in sec- and other applicable international obligations. Sanctions, Accountability, and Divestment Act tion 104(c)(2)(E)(ii) of the Comprehensive Iran (e) WAIVER.—The President may waive the of 2010 (22 U.S.C. 8518(b)) is amended by strik- Sanctions, Accountability, and Divestment Act application of subsection (a) or (c) with respect ing ‘‘a report containing the matters’’ and all of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) if— to an individual if the President— that follows through the period at the end and

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5560 CONGRESSIONAL RECORD — HOUSE August 1, 2012 inserting the following: ‘‘a report, covering the (3) a transaction relating to the manufacture, (i) the property and interests in property of 180-day period beginning on the date that is 30 procurement, or sale of goods, services, and which are blocked pursuant to that Act; or days before the date on which the preceding re- technology relating to Iran’s energy sector, in- (ii) that are identified under section 301(a)(1) port was required to be submitted by this sec- cluding a transaction relating to the develop- or pursuant to paragraph (4)(A) of section tion, that— ment of the energy resources of Iran, the expor- 104(c) of the Comprehensive Iran Sanctions, Ac- ‘‘(1) contains the matters required in the re- tation of petroleum products from Iran, the im- countability, and Divestment Act of 2010, as port under subsection (a)(1); and portation of refined petroleum to Iran, or the added by section 312; or ‘‘(2) identifies— development of refining capacity available to (C) engage in a significant transaction or ‘‘(A) the volume of crude oil and refined pe- Iran; transactions with— troleum products imported to and exported from (4) a transaction relating to the manufacture, (i) a person subject to financial sanctions pur- Iran (including through swaps and similar ar- procurement, or sale of goods, services, and suant to United Nations Security Council Reso- rangements); technology relating to Iran’s petrochemical sec- lution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 ‘‘(B) the persons selling and transporting tor; or (2010), or any other resolution that is adopted crude oil and refined petroleum products de- (5) a transaction relating to the procurement by the Security Council and imposes sanctions scribed in subparagraph (A), the countries with of sensitive technologies (as defined in section with respect to Iran or modifies such sanctions; primary jurisdiction over those persons, and the 106(c) of the Comprehensive Iran Sanctions, Ac- or countries in which those products were refined; countability, and Divestment Act of 2010 (22 (ii) a person acting on behalf of or at the di- ‘‘(C) the sources of financing for imports to U.S.C. 8515(c))). rection of, or owned or controlled by, a person Iran of crude oil and refined petroleum products (d) EXCLUSION FROM UNITED STATES.— described in clause (i). described in subparagraph (A); and (1) IN GENERAL.—Subject to paragraph (2), the (2) FORM OF REPORT.—A report submitted ‘‘(D) the involvement of foreign persons in ef- Secretary of State shall deny a visa to, and the under paragraph (1) shall be submitted in un- forts to assist Iran in— Secretary of Homeland Security shall exclude classified form but may contain a classified ‘‘(i) developing upstream oil and gas produc- from the United States, any alien who, on or annex. tion capacity; after the date of the enactment of this Act, is a (3) BARTER TRANSACTIONS.—For purposes of ‘‘(ii) importing advanced technology to up- foreign person designated pursuant to sub- paragraph (1), the term ‘‘transaction’’ includes grade existing Iranian refineries; section (a) for the imposition of sanctions pursu- a barter transaction. ‘‘(iii) converting existing chemical plants to ant to the International Emergency Economic (b) IMPOSITION OF SANCTIONS.—If the Presi- petroleum refineries; or Powers Act (50 U.S.C. 1701 et seq.). dent determines under subsection (a)(1) that a ‘‘(iv) maintaining, upgrading, or expanding (2) REGULATORY EXCEPTIONS TO COMPLY WITH foreign person has knowingly engaged in an ac- existing refineries or constructing new refin- INTERNATIONAL OBLIGATIONS.—The requirement tivity described in that subsection, the Presi- eries.’’. to deny visas to and exclude aliens from the dent— United States pursuant to paragraph (1) shall (1) shall impose 5 or more of the sanctions de- TITLE III—SANCTIONS WITH RESPECT TO be subject to such regulations as the President scribed in section 6(a) of the Iran Sanctions Act IRAN’S REVOLUTIONARY GUARD CORPS may prescribe, including regulatory exceptions of 1996, as amended by section 204; and Subtitle A—Identification of, and Sanctions to permit the United States to comply with the (2) may impose additional sanctions pursuant With Respect to, Officials, Agents, Affiliates, Agreement between the United Nations and the to the International Emergency Economic Pow- and Supporters of Iran’s Revolutionary United States of America regarding the Head- ers Act (50 U.S.C. 1701 et seq.) with respect to Guard Corps and Other Sanctioned Persons quarters of the United Nations, signed June 26, the person. SEC. 301. IDENTIFICATION OF, AND IMPOSITION 1947, and entered into force November 21, 1947, (c) TERMINATION.—The President may termi- OF SANCTIONS WITH RESPECT TO, and other applicable international obligations. nate a sanction imposed with respect to a for- OFFICIALS, AGENTS, AND AFFILI- (e) WAIVER OF IMPOSITION OF SANCTIONS.— eign person pursuant to subsection (b) if the ATES OF IRAN’S REVOLUTIONARY (1) IN GENERAL.—The President may waive the President determines that the person— GUARD CORPS. application of subsection (a) or (d) with respect (1) no longer engages in the activity for which (a) IN GENERAL.—Not later than 90 days after to a foreign person if the President— the sanction was imposed; and the date of the enactment of this Act, and as ap- (A) determines that it is vital to the national (2) has provided assurances to the President propriate thereafter, the President shall— security interests of the United States to do so; that the person will not engage in any activity (1) identify foreign persons that are officials, and described in subsection (a)(1) in the future. agents, or affiliates of Iran’s Revolutionary (B) submits to the appropriate congressional (d) WAIVER OF IMPOSITION OF SANCTIONS.— Guard Corps; and committees a report that— (1) IN GENERAL.—The President may waive the (2) for each foreign person identified under (i) identifies the foreign person with respect to imposition of sanctions under subsection (b) paragraph (1) that is not already designated for which the waiver applies; and with respect to a foreign person if the Presi- the imposition of sanctions pursuant to the (ii) sets forth the reasons for the determina- dent— International Emergency Economic Powers Act tion. (A)(i) determines that the person has ceased (50 U.S.C. 1701 et seq.)— (2) FORM OF REPORT.—A report submitted the activity for which sanctions would other- (A) designate that foreign person for the impo- under paragraph (1)(B) shall be submitted in wise be imposed and has taken measures to pre- sition of sanctions pursuant to that Act; and unclassified form but may contain a classified vent a recurrence of the activity; or (B) block and prohibit all transactions in all annex. (ii) determines that it is essential to the na- property and interests in property of that for- (f) RULE OF CONSTRUCTION.—Nothing in this tional security interests of the United States to eign person if such property and interests in section shall be construed to remove any sanc- do so; and property are in the United States, come within tion of the United States in force with respect to (B) submits to the appropriate congressional the United States, or are or come within the pos- Iran’s Revolutionary Guard Corps as of the date committees a report that— session or control of a United States person. of the enactment of this Act. (i) identifies the foreign person with respect to (b) PRIORITY FOR INVESTIGATION.—In identi- SEC. 302. IDENTIFICATION OF, AND IMPOSITION which the waiver applies; fying foreign persons pursuant to subsection OF SANCTIONS WITH RESPECT TO, (ii) describes the activity that would otherwise PERSONS THAT SUPPORT OR CON- (a)(1) as officials, agents, or affiliates of Iran’s subject the foreign person to the imposition of Revolutionary Guard Corps, the President shall DUCT CERTAIN TRANSACTIONS WITH IRAN’S REVOLUTIONARY GUARD sanctions under subsection (b); and give priority to investigating— CORPS OR OTHER SANCTIONED PER- (iii) sets forth the reasons for the determina- (1) foreign persons or entities identified under SONS. tion. section 560.304 of title 31, Code of Federal Regu- (a) IDENTIFICATION.— (2) FORM OF REPORT.—A report submitted lations (relating to the definition of the Govern- (1) IN GENERAL.—Not later than 90 days after under paragraph (1)(B) shall be submitted in ment of Iran); and the date of the enactment of this Act, and every unclassified form but may contain a classified (2) foreign persons for which there is a rea- 180 days thereafter, the President shall submit annex. sonable basis to find that the person has con- to the appropriate congressional committees a (e) WAIVER OF IDENTIFICATIONS AND DESIGNA- ducted or attempted to conduct one or more sen- report identifying foreign persons that the Presi- TIONS.—Notwithstanding any other provision of sitive transactions or activities described in sub- dent determines, on or after the date of the en- this subtitle and subject to paragraph (2), the section (c). actment of this Act, knowingly— President shall not be required to make any (c) SENSITIVE TRANSACTIONS AND ACTIVITIES (A) materially assist, sponsor, or provide fi- identification of a foreign person under sub- DESCRIBED.—A sensitive transaction or activity nancial, material, or technological support for, section (a) or any identification or designation described in this subsection is— or goods or services in support of, Iran’s Revolu- of a foreign person under section 301(a) if the (1) a financial transaction or series of trans- tionary Guard Corps or any of its officials, President— actions valued at more than $1,000,000 in the ag- agents, or affiliates the property and interests in (1) determines that doing so would cause dam- gregate in any 12-month period involving a non- property of which are blocked pursuant to the age to the national security of the United Iranian financial institution; International Emergency Economic Powers Act States; and (2) a transaction to facilitate the manufac- (50 U.S.C. 1701 et seq.); (2) notifies the appropriate congressional com- ture, importation, exportation, or transfer of (B) engage in a significant transaction or mittees of the exercise of the authority provided items needed for the development by Iran of nu- transactions with Iran’s Revolutionary Guard under this subsection. clear, chemical, biological, or advanced conven- Corps or any of its officials, agents, or affili- (f) APPLICATION OF PROVISIONS OF IRAN SANC- tional weapons, including ballistic missiles; ates— TIONS ACT OF 1996.—The following provisions of

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5561 the Iran Sanctions Act of 1996, as amended by (D) No exports may be permitted to the agency and apply with respect to activities and trans- this Act, apply with respect to the imposition of any goods or technologies controlled for na- actions described in subsection (a) that are car- under subsection (b)(1) of sanctions relating to tional security reasons under the Export Admin- ried out on or after the later of— activities described in subsection (a)(1) to the istration Regulations, except that such prohibi- (1) the date that is 45 days after such date of same extent that such provisions apply with re- tion shall not apply to any transaction subject enactment; or spect to the imposition of sanctions under sec- to the reporting requirements of title V of the (2) the date that is 45 days after a person is tion 5(a) of the Iran Sanctions Act of 1996: National Security Act of 1947 (50 U.S.C. 413 et designated as described in subparagraph (A) or (1) Subsections (c) and (e) of section 4. seq.; relating to congressional oversight of intel- (B) of subsection (a)(2). (2) Subsections (c), (d), and (f) of section 5. ligence activities). SEC. 304. RULE OF CONSTRUCTION. (3) Section 8. (E) The United States shall oppose any loan Nothing in this subtitle shall be construed to (4) Section 9. or financial or technical assistance to the agen- limit the authority of the President to designate (5) Section 11. cy by international financial institutions in ac- foreign persons for the imposition of sanctions (6) Section 12. cordance with section 701 of the International (7) Subsection (b) of section 13. pursuant to the International Emergency Eco- Financial Institutions Act (22 U.S.C. 262d). nomic Powers Act (50 U.S.C. 1701 et seq.). (8) Section 14. (F) The United States shall deny to the agen- SEC. 303. IDENTIFICATION OF, AND IMPOSITION cy any credit or financial assistance by any de- Subtitle B—Additional Measures Relating to OF MEASURES WITH RESPECT TO, partment, agency, or instrumentality of the Iran’s Revolutionary Guard Corps FOREIGN GOVERNMENT AGENCIES United States Government, except that this SEC. 311. EXPANSION OF PROCUREMENT PROHI- CARRYING OUT ACTIVITIES OR BITION TO FOREIGN PERSONS THAT TRANSACTIONS WITH CERTAIN paragraph shall not apply— (i) to any transaction subject to the reporting ENGAGE IN CERTAIN TRANSACTIONS IRAN-AFFILIATED PERSONS. WITH IRAN’S REVOLUTIONARY (a) IDENTIFICATION.— requirements of title V of the National Security GUARD CORPS. Act of 1947 (50 U.S.C. 413 et seq.; relating to con- (1) IN GENERAL.—Not later than 120 days after (a) IN GENERAL.—Section 6(b)(1) of the Iran the date of the enactment of this Act, and every gressional oversight of intelligence activities); Sanctions Act of 1996 (Public Law 104–172; 50 (ii) to the provision of medicines, medical 180 days thereafter, the President shall submit U.S.C. 1701 note) is amended— equipment, and humanitarian assistance; or to the appropriate congressional committees a (1) by striking ‘‘Not later than 90 days’’ and (iii) to any credit, credit guarantee, or finan- report that identifies each agency of the govern- inserting the following: cial assistance provided by the Department of ment of a foreign country (other than Iran) that ‘‘(A) CERTIFICATIONS RELATING TO ACTIVITIES Agriculture to support the purchase of food or the President determines knowingly and materi- DESCRIBED IN SECTION 5.—Not later than 90 other agricultural commodities. ally assisted, sponsored, or provided financial, days’’; and (G) Additional restrictions as may be imposed material, or technological support for, or goods (2) by adding at the end the following: pursuant to the International Emergency Eco- or services in support of, or knowingly and ma- ‘‘(B) CERTIFICATIONS RELATING TO TRANS- nomic Powers Act (50 U.S.C. 1701 et seq.). terially engaged in a significant transaction ACTIONS WITH IRAN’S REVOLUTIONARY GUARD with, any person described in paragraph (2). (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to impose meas- CORPS.—Not later than 120 days after the date (2) PERSON DESCRIBED.—A person described in of the enactment of the Iran Threat Reduction this paragraph is— ures with respect to programs under section 1501 of the National Defense Authorization Act for and Syria Human Rights Act of 2012, the Fed- (A) a foreign person that is an official, agent, eral Acquisition Regulation shall be revised to or affiliate of Iran’s Revolutionary Guard Corps Fiscal Year 1997 (50 U.S.C. 2632 note) and pro- grams under the Atomic Energy Defense Act (50 require a certification from each person that is that is designated for the imposition of sanc- a prospective contractor that the person, and tions pursuant to the International Emergency U.S.C. 2501 et seq). (c) TERMINATION.—The President may termi- any person owned or controlled by the person, Economic Powers Act (50 U.S.C. 1701 et seq.); does not knowingly engage in a significant (B) a foreign person that is designated and nate any measures imposed with respect to an agency pursuant to subsection (b) if the Presi- transaction or transactions with Iran’s Revolu- subject to financial sanctions pursuant to— tionary Guard Corps or any of its officials, (i) the Annex of United Nations Security dent determines and notifies the appropriate agents, or affiliates the property and interests in Council Resolution 1737 (2006); congressional committees that— property of which are blocked pursuant to the (ii) Annex I of United Nations Security Coun- (1)(A) a person described in subparagraph (A) International Emergency Economic Powers Act cil Resolution 1747 (2007); or (B) of subsection (a)(2) with respect to which (50 U.S.C. 1701 et seq.).’’. (iii) Annex I, II, or III of United Nations Se- the agency is carrying out activities or trans- (b) TECHNICAL AND CONFORMING AMEND- curity Council Resolution 1803 (2008); actions is no longer designated pursuant to sub- (iv) Annex I, II, or III of United Nations Secu- paragraph (A) or (B) of subsection (a)(2); or MENTS.— rity Council Resolution 1929 (2010); or (B) any person described in subparagraph (C) (1) Section 6(b) of the Iran Sanctions Act of (v) any subsequent and related United Na- of subsection (a)(2) with respect to which the 1996, as amended by subsection (a), is further tions Security Council resolution, or any annex agency is carrying out activities or transactions amended— thereto, that imposes new sanctions with respect is no longer acting on behalf of or at the direc- (A) in subparagraph (A) of paragraph (1), as to Iran or modifies existing sanctions with re- tion of, or owned or controlled by, any person designated by subsection (a)(1), by striking spect to Iran; or described in subparagraph (A) or (B) of sub- ‘‘issued pursuant to section 25 of the Office of (C) a foreign person that the agency knows is section (a)(2); Federal Procurement Policy Act (41 U.S.C. acting on behalf of or at the direction of, or (2) the agency is no longer carrying out activi- 421)’’; owned or controlled by, a person described in ties or transactions for which the measures were (B) in paragraph (2)— subparagraph (A) or (B). imposed and has provided assurances to the (i) in subparagraph (A)— (3) FORM OF REPORT.—Each report submitted United States Government that the agency will (I) by striking ‘‘the revision’’ and inserting under paragraph (1) shall be submitted in un- not carry out the activities or transactions in ‘‘the applicable revision’’; and classified form but may contain a classified the future; or (II) by striking ‘‘not more than 3 years’’ and annex. (3) it is essential to the national security in- inserting ‘‘not less than 2 years’’; and (b) IMPOSITION OF MEASURES.— terest of the United States to terminate such (ii) in subparagraph (B), by striking ‘‘issued (1) IN GENERAL.—The President may impose measures. pursuant to section 25 of the Office of Federal any of the following measures with respect to an (d) WAIVER.—If the President does not impose Procurement Policy Act (41 U.S.C. 421)’’; agency identified pursuant to subsection (a) if one or more measures described in subsection (b) (C) in paragraph (5), by striking ‘‘in the na- the President determines that the assistance, ex- with respect to an agency identified in the re- tional interest’’ and inserting ‘‘essential to the ports, or other support to be prohibited by rea- port required by subsection (a), the President national security interests’’; son of the imposition of the measures have con- shall include in the subsequent report an expla- (D) by striking paragraph (6) and inserting tributed and would otherwise directly or indi- nation as to why the President did not impose the following: rectly contribute to the agency’s capability to such measures. ‘‘(6) DEFINITIONS.—In this subsection: continue the activities or transactions for which (e) DEFINITION.—In this section, the term ‘‘ap- ‘‘(A) EXECUTIVE AGENCY.—The term ‘executive the agency has been identified pursuant to sub- propriate congressional committees’’ means— agency’ has the meaning given that term in sec- section (a): (1) the Committee on Foreign Relations, the tion 133 of title 41, United States Code. (A) No assistance may be provided to the Committee on Appropriations, the Committee on ‘‘(B) FEDERAL ACQUISITION REGULATION.—The agency under the Foreign Assistance Act of 1961 Armed Services, the Committee on Banking, term ‘Federal Acquisition Regulation’ means the (22 U.S.C. 2151 et seq.) or the Arms Export Con- Housing, and Urban Affairs, the Committee on regulation issued pursuant to section 1303(a)(1) trol Act (22 U.S.C. 2751 et seq.) other than hu- Finance, and the Select Committee on Intel- of title 41, United States Code.’’; and manitarian assistance or the provision of food or ligence of the Senate; and (E) in paragraph (7)— other agricultural commodities. (2) the Committee on Foreign Affairs, the (i) by striking ‘‘The revisions to the Federal (B) No sales of any defense articles, defense Committee on Appropriations, the Committee on Acquisition Regulation required under para- services, or design and construction services Armed Services, the Committee on Financial graph (1)’’ and inserting the following: under the Arms Export Control Act (22 U.S.C. Services, the Committee on Ways and Means, ‘‘(A) CERTIFICATIONS RELATING TO ACTIVITIES 2751 et seq.) may be made to the agency. and the Permanent Select Committee on Intel- DESCRIBED IN SECTION 5.—The revisions to the (C) No licenses for export of any item on the ligence of the House of Representatives. Federal Acquisition Regulation required under United States Munitions List that include the (f) EFFECTIVE DATE.—This section shall take paragraph (1)(A)’’; and agency as a party to the license may be granted. effect on the date of the enactment of this Act (ii) by adding at the end the following:

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‘‘(B) CERTIFICATIONS RELATING TO TRANS- eign financial institution at the time of the Accountability, and Divestment Act of 2010 (22 ACTIONS WITH IRAN’S REVOLUTIONARY GUARD transaction or the provision of the service. U.S.C. 8514). CORPS.—The revisions to the Federal Acquisition ‘‘(iii) RULE OF CONSTRUCTION.—The exceptions (b) REPORT.— Regulation required under paragraph (1)(B) in clauses (i) and (ii) shall not be construed to (1) REPORT REQUIRED.—Not later than 180 shall apply with respect to contracts for which limit the authority of the Secretary of the Treas- days after the date of the enactment of this Act, solicitations are issued on or after the date that ury to impose sanctions pursuant to the regula- the Secretary of State shall submit to the appro- is 120 days after the date of the enactment of tions prescribed under paragraph (1) for an ac- priate congressional committees a detailed report the Iran Threat Reduction and Syria Human tivity described in paragraph (2) to the extent with respect to whether each person described in Rights Act of 2012.’’. the activity would meet the criteria described in subsection (a) is responsible for or complicit in, (2) Section 101(3) of the Comprehensive Iran that paragraph in the absence of the involve- or responsible for ordering, controlling, or other- Sanctions, Accountability, and Divestment Act ment of the NIOC or the NITC. wise directing the commission of serious human of 2010 (22 U.S.C. 8511(3)) is amended by striking ‘‘(D) DEFINITIONS.—In this paragraph: rights abuses against citizens of Iran or their ‘‘section 4 of the Office of Federal Procurement ‘‘(i) NIOC.—The term ‘NIOC’ means the Na- family members on or after June 12, 2009, re- Policy Act (41 U.S.C. 403)’’ and inserting ‘‘sec- tional Iranian Oil Company. gardless of whether such abuses occurred in tion 133 of title 41, United States Code’’. ‘‘(ii) NITC.—The term ‘NITC’ means the Na- Iran. For any such person who is not included in such report, the Secretary of State should de- SEC. 312. DETERMINATIONS OF WHETHER THE tional Iranian Tanker Company.’’. NATIONAL IRANIAN OIL COMPANY (c) CONFORMING AMENDMENTS.— scribe in the report the reasons why the person AND THE NATIONAL IRANIAN TANK- (1) WAIVER.—Section 104(f) of the Comprehen- was not included, including information on ER COMPANY ARE AGENTS OR AF- sive Iran Sanctions, Accountability, and Divest- whether sufficient credible evidence of responsi- FILIATES OF IRAN’S REVOLU- ment Act of 2010 (22 U.S.C. 8513(f)) is amended bility for such abuses was found. TIONARY GUARD CORPS. by inserting ‘‘or section 104A’’ after ‘‘subsection (2) FORM.—The report required by paragraph (a) SENSE OF CONGRESS.—It is the sense of (c)’’. (1) shall be submitted in unclassified form but Congress that the National Iranian Oil Com- (2) CLASSIFIED INFORMATION.—Section 104(g) may contain a classified annex. pany and the National Iranian Tanker Com- of the Comprehensive Iran Sanctions, Account- (3) DEFINITION.—In this subsection, the term pany are not only owned and controlled by the ability, and Divestment Act of 2010 (22 U.S.C. ‘‘appropriate congressional committees’’ Government of Iran but that those companies 8513(g)) is amended by striking ‘‘subsection means— (A) the Committee on Foreign Relations and provide significant support to Iran’s Revolu- (c)(1)’’ and inserting ‘‘paragraph (1) or (4) of the Committee on Banking, Housing, and Urban tionary Guard Corps and its affiliates. subsection (c) or section 104A’’ both places it ap- (b) DETERMINATIONS.—Section 104(c) of the Affairs of the Senate; and pears. (B) the Committee on Foreign Affairs and the Comprehensive Iran Sanctions, Accountability, (d) APPLICABILITY.— Committee on Financial Services of the House of and Divestment Act of 2010 (22 U.S.C. 8513(c)) is (1) IN GENERAL.—If an exception to sanctions Representatives. amended by adding at the end the following: described in clause (i) or (ii) of paragraph (4)(C) ‘‘(4) DETERMINATIONS REGARDING NIOC AND of section 104(c) of the Comprehensive Iran SEC. 402. IMPOSITION OF SANCTIONS WITH RE- SPECT TO THE TRANSFER OF GOODS NITC.— Sanctions, Accountability, and Divestment Act OR TECHNOLOGIES TO IRAN THAT ‘‘(A) DETERMINATIONS.—For purposes of para- of 2010, as added by subsection (b), applies to a ARE LIKELY TO BE USED TO COMMIT graph (2)(E), the Secretary of the Treasury person that engages in a transaction described HUMAN RIGHTS ABUSES. shall, not later than 45 days after the date of in paragraph (2) at the time of the transaction, (a) IN GENERAL.—The Comprehensive Iran the enactment of the Iran Threat Reduction and the President is authorized not to impose sanc- Sanctions, Accountability, and Divestment Act Syria Human Rights Act of 2012— tions with respect to the transaction under— of 2010 (22 U.S.C. 8501 et seq.) is amended by in- ‘‘(i) determine whether the NIOC or the NITC (A) section 302(b)(1); serting after section 105 the following: is an agent or affiliate of Iran’s Revolutionary (B) section 104A of the Comprehensive Iran ‘‘SEC. 105A. IMPOSITION OF SANCTIONS WITH RE- Guard Corps; and Sanctions, Accountability, and Divestment Act SPECT TO THE TRANSFER OF GOODS ‘‘(ii) submit to the appropriate congressional of 2010, as added by section 216; or OR TECHNOLOGIES TO IRAN THAT committees a report on the determinations made (C) any other applicable provision of law au- ARE LIKELY TO BE USED TO COMMIT under clause (i), together with the reasons for thorizing the imposition of sanctions with re- HUMAN RIGHTS ABUSES. ‘‘(a) IN GENERAL.—The President shall impose those determinations. spect to Iran. sanctions in accordance with subsection (c) with ‘‘(B) FORM OF REPORT.—A report submitted (2) TRANSACTION DESCRIBED.—A transaction under subparagraph (A)(ii) shall be submitted in described in this paragraph is a transaction— respect to each person on the list required by unclassified form but may contain a classified (A) solely for the purchase of petroleum or pe- subsection (b). ‘‘(b) LIST.— annex. troleum products from Iran; and ‘‘(1) IN GENERAL.—Not later than 90 days after ‘‘(C) APPLICABILITY WITH RESPECT TO PETRO- (B) for which sanctions may be imposed solely the date of the enactment of the Iran Threat Re- LEUM TRANSACTIONS.— as a result of the involvement of the National duction and Syria Human Rights Act of 2012, ‘‘(i) APPLICATION OF SANCTIONS.—Except as Iranian Oil Company or the National Iranian the President shall submit to the appropriate provided in clause (ii), if the Secretary of the Tanker Company in the transaction under— congressional committees a list of persons that Treasury determines that the NIOC or the NITC (i) section 302(b)(1); the President determines have knowingly en- is a person described in clause (i) or (ii) of para- (ii) section 104A of the Comprehensive Iran gaged in an activity described in paragraph (2) graph (2)(E), the regulations prescribed under Sanctions, Accountability, and Divestment Act on or after such date of enactment. paragraph (1) shall apply with respect to a sig- of 2010, as added by section 216; or ‘‘(2) ACTIVITY DESCRIBED.— nificant transaction or transactions or signifi- (iii) any other applicable provision of law au- ‘‘(A) IN GENERAL.—A person engages in an ac- cant financial services knowingly facilitated or thorizing the imposition of sanctions with re- tivity described in this paragraph if the per- provided by a foreign financial institution for spect to Iran. son— the NIOC or the NITC, as applicable, for the TITLE IV—MEASURES RELATING TO ‘‘(i) transfers, or facilitates the transfer of, purchase of petroleum or petroleum products HUMAN RIGHTS ABUSES IN IRAN goods or technologies described in subparagraph from Iran, only if a determination of the Presi- Subtitle A—Expansion of Sanctions Relating (C) to Iran, any entity organized under the laws dent under section 1245(d)(4)(B) of the National to Human Rights Abuses in Iran of Iran or otherwise subject to the jurisdiction of Defense Authorization Act for Fiscal Year 2012 the Government of Iran, or any national of SEC. 401. IMPOSITION OF SANCTIONS ON CER- (22 U.S.C. 8513a(d)(4)(B)) that there is a suffi- Iran, for use in or with respect to Iran; or cient supply of petroleum and petroleum prod- TAIN PERSONS RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ‘‘(ii) provides services (including services re- ucts produced in countries other than Iran to ABUSES COMMITTED AGAINST CITI- lating to hardware, software, and specialized permit purchasers of petroleum and petroleum ZENS OF IRAN OR THEIR FAMILY information, and professional consulting, engi- products from Iran to reduce significantly their MEMBERS AFTER THE JUNE 12, 2009, neering, and support services) with respect to purchases from Iran is in effect at the time of ELECTIONS IN IRAN. goods or technologies described in subparagraph the transaction or the provision of the service. (a) SENSE OF CONGRESS.—It is the sense of (C) after such goods or technologies are trans- ‘‘(ii) EXCEPTION FOR CERTAIN COUNTRIES.—If Congress that the Supreme Leader of Iran, the ferred to Iran. the Secretary of the Treasury determines that President of Iran, senior members of the Intel- ‘‘(B) APPLICABILITY TO CONTRACTS AND OTHER the NIOC or the NITC is a person described in ligence Ministry of Iran, senior members of AGREEMENTS.—A person engages in an activity clause (i) or (ii) of paragraph (2)(E), the regula- Iran’s Revolutionary Guard Corps, Ansar-e- described in subparagraph (A) without regard to tions prescribed under paragraph (1) shall not Hezbollah and Basij-e-Mostaz’afin, and the whether the activity is carried out pursuant to apply to a significant transaction or trans- Ministers of Defense, Interior, Justice, and Tele- a contract or other agreement entered into be- actions or significant financial services know- communications are ultimately responsible for fore, on, or after the date of the enactment of ingly facilitated or provided by a foreign finan- ordering, controlling, or otherwise directing a the Iran Threat Reduction and Syria Human cial institution for the NIOC or the NITC, as ap- pattern and practice of serious human rights Rights Act of 2012. plicable, for the purchase of petroleum or petro- abuses against the Iranian people, and thus the ‘‘(C) GOODS OR TECHNOLOGIES DESCRIBED.— leum products from Iran if an exception under President should include such persons on the Goods or technologies described in this subpara- paragraph (4)(D) of section 1245(d) of the Na- list of persons who are responsible for or graph are goods or technologies that the Presi- tional Defense Authorization Act for Fiscal complicit in committing serious human rights dent determines are likely to be used by the Gov- Year 2012 (22 U.S.C. 8513a(d)) applies to the abuses and subject to sanctions pursuant to sec- ernment of Iran or any of its agencies or instru- country with primary jurisdiction over the for- tion 105 of the Comprehensive Iran Sanctions, mentalities (or by any other person on behalf of

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CLARIFICATION OF SENSITIVE TECH- veillance technology; or Divestment Act of 2010 (22 U.S.C. 8501 et seq.), NOLOGIES FOR PURPOSES OF PRO- ‘‘(ii) sensitive technology (as defined in sec- as amended by section 402, is further amended CUREMENT BAN UNDER COM- tion 106(c)). by inserting after section 105A the following: PREHENSIVE IRAN SANCTIONS, AC- COUNTABILITY, AND DIVESTMENT ‘‘(3) SPECIAL RULE TO ALLOW FOR TERMI- SEC. 105B. IMPOSITION OF SANCTIONS WITH RE- ACT OF 2010. NATION OF SANCTIONABLE ACTIVITY.—The Presi- SPECT TO PERSONS WHO ENGAGE IN dent shall not be required to include a person on CENSORSHIP OR OTHER RELATED The Secretary of State shall— the list required by paragraph (1) if the Presi- ACTIVITIES AGAINST CITIZENS OF (1) not later than 90 days after the date of the dent certifies in writing to the appropriate con- IRAN. enactment of this Act, issue guidelines to fur- gressional committees that— ‘‘(a) IN GENERAL.—The President shall impose ther describe the technologies that may be con- ‘‘(A) the person is no longer engaging in, or sanctions described in section 105(c) with respect sidered ‘‘sensitive technology’’ for purposes of has taken significant verifiable steps toward to each person on the list required by subsection section 106 of the Comprehensive Iran Sanc- stopping, the activity described in paragraph (2) (b). tions, Accountability, and Divestment Act of for which the President would otherwise have ‘‘(b) LIST OF PERSONS WHO ENGAGE IN CEN- 2010 (22 U.S.C. 8515), with special attention to included the person on the list; and SORSHIP.— new forms of sophisticated jamming, monitoring, ‘‘(B) the President has received reliable assur- ‘‘(1) IN GENERAL.—Not later than 90 days after and surveillance technology relating to mobile ances that the person will not knowingly engage the date of the enactment of the Iran Threat Re- telecommunications and the Internet, and pub- in any activity described in paragraph (2) in the duction and Syria Human Rights Act of 2012, lish those guidelines in the Federal Register; future. the President shall submit to the appropriate (2) determine the types of technologies that ‘‘(4) UPDATES OF LIST.—The President shall congressional committees a list of persons that enable any indigenous capabilities that Iran has submit to the appropriate congressional commit- the President determines have, on or after June to disrupt and monitor information and commu- tees an updated list under paragraph (1)— 12, 2009, engaged in censorship or other activi- nications in that country, and consider adding ‘‘(A) each time the President is required to ties with respect to Iran that— descriptions of those items to the guidelines; and submit an updated list to those committees ‘‘(A) prohibit, limit, or penalize the exercise of (3) periodically review, but in no case less under section 105(b)(2)(A); and freedom of expression or assembly by citizens of than once each year, the guidelines and, if nec- ‘‘(B) as new information becomes available. Iran; or essary, amend the guidelines on the basis of ‘‘(5) FORM OF REPORT; PUBLIC AVAILABILITY.— ‘‘(B) limit access to print or broadcast media, technological developments and new informa- ‘‘(A) FORM.—The list required by paragraph including the facilitation or support of inten- tion regarding transfers of technologies to Iran (1) shall be submitted in unclassified form but tional frequency manipulation by the Govern- and the development of Iran’s indigenous capa- may contain a classified annex. ment of Iran or an entity owned or controlled by bilities to disrupt and monitor information and ‘‘(B) PUBLIC AVAILABILITY.—The unclassified that Government that would jam or restrict an communications in Iran. portion of the list required by paragraph (1) international signal. SEC. 413. EXPEDITED CONSIDERATION OF RE- shall be made available to the public and posted ‘‘(2) UPDATES OF LIST.—The President shall QUESTS FOR AUTHORIZATION OF on the websites of the Department of the Treas- submit to the appropriate congressional commit- CERTAIN HUMAN RIGHTS-, HUMANI- ury and the Department of State. tees an updated list under paragraph (1)— TARIAN-, AND DEMOCRACY-RELATED ‘‘(c) APPLICATION OF SANCTIONS.— ‘‘(A) each time the President is required to ACTIVITIES WITH RESPECT TO IRAN. ‘‘(1) IN GENERAL.—Subject to paragraph (2), submit an updated list to those committees (a) REQUIREMENT.—The Office of Foreign As- the President shall impose sanctions described under section 105(b)(2)(A); and sets Control, in consultation with the Depart- in section 105(c) with respect to a person on the ‘‘(B) as new information becomes available. ment of State, shall establish an expedited proc- list required by subsection (b). ‘‘(3) FORM OF REPORT; PUBLIC AVAILABILITY.— ess for the consideration of complete requests for ‘‘(2) TRANSFERS TO IRAN’S REVOLUTIONARY ‘‘(A) FORM.—The list required by paragraph authorization to engage in human rights-, hu- GUARD CORPS.—In the case of a person on the (1) shall be submitted in unclassified form but manitarian-, or democracy-related activities re- list required by subsection (b) for transferring, may contain a classified annex. lating to Iran that are submitted by— or facilitating the transfer of, goods or tech- ‘‘(B) PUBLIC AVAILABILITY.—The unclassified (1) entities receiving funds from the Depart- nologies described in subsection (b)(2)(C) to portion of the list required by paragraph (1) ment of State to engage in the proposed activity; Iran’s Revolutionary Guard Corps, or providing shall be made available to the public and posted (2) the Broadcasting Board of Governors; and services with respect to such goods or tech- on the websites of the Department of the Treas- (3) other appropriate agencies of the United nologies after such goods or technologies are ury and the Department of State.’’. States Government. transferred to Iran’s Revolutionary Guard (c) CLERICAL AMENDMENT.—The table of con- (b) PROCEDURES.—Requests for authorization Corps, the President shall— tents for the Comprehensive Iran Sanctions, Ac- under subsection (a) shall be submitted to the ‘‘(A) impose sanctions described in section countability, and Divestment Act of 2010, as Office of Foreign Assets Control in conformance 105(c) with respect to the person; and amended by section 402, is further amended by with the Office’s regulations, including section ‘‘(B) impose such other sanctions from among inserting after the item relating to section 105A 501.801 of title 31, Code of Federal Regulations the sanctions described in section 6(a) of the the following: (commonly known as the Reporting, Procedures Iran Sanctions Act of 1996 (Public Law 104–172; ‘‘Sec. 105B. Imposition of sanctions with respect and Penalties Regulations). Applicants shall 50 U.S.C. 1701 note) as the President determines to persons who engage in censor- fully disclose the parties to the transactions as appropriate.’’. ship or other related activities well as describe the activities to be undertaken. (b) CLERICAL AMENDMENT.—The table of con- against citizens of Iran.’’. License applications involving the exportation tents for the Comprehensive Iran Sanctions, Ac- (d) CONFORMING AMENDMENTS.—Section or reexportation of goods, technology, or soft- countability, and Divestment Act of 2010 is 401(b)(1) of the Comprehensive Iran Sanctions, ware to Iran shall include a copy of an official amended by inserting after the item relating to Accountability, and Divestment Act of 2010 (22 Commodity Classification issued by the Depart- section 105 the following: U.S.C. 8551(b)(1)) is amended— ment of Commerce, Bureau of Industry and Se- ‘‘Sec. 105A. Imposition of sanctions with respect (1) by inserting ‘‘, 105A(a), or 105B(a)’’ after curity, as part of the license application. to the transfer of goods or tech- ‘‘105(a)’’; and (c) FOREIGN POLICY REVIEW.—The Depart- nologies to Iran that are likely to (2) by inserting ‘‘, 105A(b), or 105B(b)’’ after ment of State shall complete a foreign policy re- be used to commit human rights ‘‘105(b)’’. view of a request for authorization under sub- abuses.’’. Subtitle B—Additional Measures to Promote section (a) not later than 30 days after the re- quest is referred to the Department by the Office SEC. 403. IMPOSITION OF SANCTIONS WITH RE- Human Rights of Foreign Assets Control. SPECT TO PERSONS WHO ENGAGE IN SEC. 411. CODIFICATION OF SANCTIONS WITH RE- CENSORSHIP OR OTHER RELATED SPECT TO GRAVE HUMAN RIGHTS (d) LICENSE DETERMINATIONS.—License deter- ACTIVITIES AGAINST CITIZENS OF ABUSES BY THE GOVERNMENTS OF minations for complete requests for authoriza- IRAN. IRAN AND SYRIA USING INFORMA- tion under subsection (a) shall be made not later (a) SENSE OF CONGRESS.—It is the sense of TION TECHNOLOGY. than 90 days after receipt by the Office of For- Congress that— United States sanctions with respect to Iran eign Assets Control, with the following excep- (1) satellite service providers and other entities and Syria provided for in Executive Order 13606 tions: that have direct contractual arrangements to (77 Fed. Reg. 24571), as in effect on the day be- (1) Any requests involving the exportation or provide satellite services to the Government of fore the date of the enactment of this Act, shall reexportation to Iran of goods, technology, or Iran or entities owned or controlled by that remain in effect— software listed on the Commerce Control List Government should cease providing broadcast (1) with respect to Iran, until the date that is maintained pursuant to part 774 of title 15, Code services to that Government and those entities 30 days after the date on which the President of Federal Regulations, shall be processed in a

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EXCLUSION OF CITIZENS OF IRAN SEEK- (e) REGULATIONS.—The Secretary of the ceedings, as modified by court order dated June Treasury may prescribe such regulations as are ING EDUCATION RELATING TO THE NUCLEAR AND ENERGY SECTORS OF 27, 2008, and extended by court orders dated appropriate to carry out this section. IRAN. June 23, 2009, May 10, 2010, and June 11, 2010, SEC. 414. COMPREHENSIVE STRATEGY TO PRO- (a) IN GENERAL.—The Secretary of State shall so long as such assets remain restrained by MOTE INTERNET FREEDOM AND AC- deny a visa to, and the Secretary of Homeland court order. CESS TO INFORMATION IN IRAN. Security shall exclude from the United States, (c) RULES OF CONSTRUCTION.—Nothing in this Not later than 90 days after the date of the any alien who is a citizen of Iran that the Sec- section shall be construed— enactment of this Act, the Secretary of State, in retary of State determines seeks to enter the (1) to affect the availability, or lack thereof, consultation with the Secretary of the Treasury United States to participate in coursework at an of a right to satisfy a judgment in any other ac- and the heads of other Federal agencies, as ap- institution of higher education (as defined in tion against a terrorist party in any proceedings propriate, shall submit to the appropriate con- section 101(a) of the Higher Education Act of other than proceedings referred to in subsection gressional committees a comprehensive strategy 1965 (20 U.S.C. 1001(a))) to prepare the alien for (b); or to— (2) to apply to assets other than the assets de- (1) assist the people of Iran to produce, access, a career in the energy sector of Iran or in nu- clear science or nuclear engineering or a related scribed in subsection (b), or to preempt State and share information freely and safely via the law, including the Uniform Commercial Code, Internet, including in Farsi and regional lan- field in Iran. (b) APPLICABILITY.—Subsection (a) applies except as expressly provided in subsection (a)(1). guages; (d) DEFINITIONS.—In this section: (2) support the development of counter-censor- with respect to visa applications filed on or after the date of the enactment of this Act. (1) BLOCKED ASSET.—The term ‘‘blocked ship technologies that enable the citizens of asset’’— Iran to undertake Internet activities without in- SEC. 502. INTERESTS IN CERTAIN FINANCIAL AS- SETS OF IRAN. (A) means any asset seized or frozen by the terference from the Government of Iran; United States under section 5(b) of the Trading (a) INTERESTS IN BLOCKED ASSETS.— (3) increase the capabilities and availability of With the Enemy Act (50 U.S.C. App. 5(b)) or secure mobile and other communications (1) IN GENERAL.—Subject to paragraph (2), notwithstanding any other provision of law, in- under section 202 or 203 of the International through connective technology among human Emergency Economic Powers Act (50 U.S.C. 1701 rights and democracy activists in Iran; cluding any provision of law relating to sov- ereign immunity, and preempting any incon- and 1702); and (4) provide resources for digital safety training (B) does not include property that— sistent provision of State law, a financial asset for media and academic and civil society organi- (i) is subject to a license issued by the United that is— zations in Iran; States Government for final payment, transfer, (5) provide accurate and substantive Internet (A) held in the United States for a foreign se- or disposition by or to a person subject to the ju- content in local languages in Iran; curities intermediary doing business in the risdiction of the United States in connection (6) increase emergency resources for the most United States, with a transaction for which the issuance of the vulnerable human rights advocates seeking to (B) a blocked asset (whether or not subse- license has been specifically required by a provi- organize, share information, and support quently unblocked) that is property described in sion of law other than the International Emer- human rights in Iran; subsection (b), and (7) expand surrogate radio, television, live (C) equal in value to a financial asset of Iran, gency Economic Powers Act (50 U.S.C. 1701 et stream, and social network communications in- including an asset of the central bank or mone- seq.) or the United Nations Participation Act of side Iran, including— tary authority of the Government of Iran or any 1945 (22 U.S.C. 287 et seq.); or (ii) is property subject to the Vienna Conven- (A) by expanding Voice of America’s Persian agency or instrumentality of that Government, tion on Diplomatic Relations or the Vienna Con- News Network and Radio Free Europe/Radio that such foreign securities intermediary or a re- vention on Consular Relations, or that enjoys Liberty’s Radio Farda to provide hourly live lated intermediary holds abroad, news update programming and breaking news equivalent privileges and immunities under the shall be subject to execution or attachment in laws of the United States, and is being used ex- coverage capability 24 hours a day and 7 days aid of execution in order to satisfy any judg- a week; and clusively for diplomatic or consular purposes. ment to the extent of any compensatory dam- (2) FINANCIAL ASSET; SECURITIES INTER- (B) by assisting telecommunications and soft- ages awarded against Iran for damages for per- ware companies that are United States persons MEDIARY.—The terms ‘‘financial asset’’ and ‘‘se- sonal injury or death caused by an act of tor- curities intermediary’’ have the meanings given to comply with the export licensing requirements ture, extrajudicial killing, aircraft sabotage, or of the United States for the purpose of expand- those terms in the Uniform Commercial Code, hostage-taking, or the provision of material sup- but the former includes cash. ing such communications inside Iran; port or resources for such an act. (8) expand activities to safely assist and train (3) IRAN.—The term ‘‘Iran’’ means the Gov- (2) COURT DETERMINATION REQUIRED.—In human rights, civil society, and democracy ac- ernment of Iran, including the central bank or order to ensure that Iran is held accountable for tivists in Iran to operate effectively and se- monetary authority of that Government and paying the judgments described in paragraph (1) curely; any agency or instrumentality of that Govern- and in furtherance of the broader goals of this (9) identify and utilize all available resources ment. Act to sanction Iran, prior to an award turning to overcome attempts by the Government of Iran (4) PERSON.— over any asset pursuant to execution or attach- to jam or otherwise deny international satellite (A) IN GENERAL.—The term ‘‘person’’ means ment in aid of execution with respect to any broadcasting signals; an individual or entity. (10) expand worldwide United States embassy judgments against Iran described in paragraph (B) ENTITY.—The term ‘‘entity’’ means a part- and consulate programming for and outreach to (1), the court shall determine whether Iran nership, association, trust, joint venture, cor- Iranian dissident communities; holds equitable title to, or the beneficial interest poration, group, subgroup, or other organiza- (11) expand access to proxy servers for democ- in, the assets described in subsection (b) and tion. racy activists in Iran; and that no other person possesses a constitutionally (5) TERRORIST PARTY.—The term ‘‘terrorist (12) discourage telecommunications and soft- protected interest in the assets described in sub- party’’ has the meaning given that term in sec- ware companies from facilitating Internet cen- section (b) under the Fifth Amendment to the tion 201(d) of the Terrorism Risk Insurance Act sorship by the Government of Iran. Constitution of the United States. To the extent of 2002 (28 U.S.C. 1610 note). SEC. 415. STATEMENT OF POLICY ON POLITICAL the court determines that a person other than (6) UNITED STATES.—The term ‘‘United States’’ PRISONERS. Iran holds— includes all territory and waters, continental, or It shall be the policy of the United States— (A) equitable title to, or a beneficial interest insular, subject to the jurisdiction of the United (1) to support efforts to research and identify in, the assets described in subsection (b) (exclud- States. prisoners of conscience and cases of human ing a custodial interest of a foreign securities (e) TECHNICAL CHANGES TO THE FOREIGN SOV- rights abuses in Iran; intermediary or a related intermediary that EREIGN IMMUNITIES ACT.— (2) to offer refugee status or political asylum holds the assets abroad for the benefit of Iran), (1) TITLE 28, UNITED STATES CODE.—Section in the United States to political dissidents in or 1610 of title 28, United States Code, is amend- Iran if requested and consistent with the laws (B) a constitutionally protected interest in the ed— and national security interests of the United assets described in subsection (b), (A) in subsection (a)(7), by inserting after States; such assets shall be available only for execution ‘‘section 1605A’’ the following: ‘‘or section (3) to offer to assist, through the United Na- or attachment in aid of execution to the extent 1605(a)(7) (as such section was in effect on Jan- tions High Commissioner for Refugees, with the of Iran’s equitable title or beneficial interest uary 27, 2008)’’; and relocation of such political prisoners to other therein and to the extent such execution or at- (B) in subsection (b)— countries if requested, as appropriate and with tachment does not infringe upon such constitu- (i) in paragraph (2)— appropriate consideration for the national secu- tionally protected interest. (I) by striking ‘‘(5), 1605(b), or 1605A’’ and in- rity interests of the United States; and (b) FINANCIAL ASSETS DESCRIBED.—The finan- serting ‘‘(5) or 1605(b)’’; and (4) to publicly call for the release of Iranian cial assets described in this section are the fi- (II) by striking the period at the end and in- dissidents by name and raise awareness with re- nancial assets that are identified in and the serting ‘‘, or’’; and

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5565 (ii) by adding after paragraph (2) the fol- ‘‘(I) the financial transaction is only for trade by the Government of Iran from exports of nat- lowing: in goods or services between the country with ural gas; and ‘‘(3) the judgment relates to a claim for which primary jurisdiction over the foreign financial (C) any other information the President con- the agency or instrumentality is not immune by institution and Iran; and siders appropriate. virtue of section 1605A of this chapter or section ‘‘(II) any funds owed to Iran as a result of (2) FORM OF REPORT.—Each report required 1605(a)(7) of this chapter (as such section was in such trade are credited to an account located in by paragraph (1) shall be submitted in unclassi- effect on January 27, 2008), regardless of wheth- the country with primary jurisdiction over the fied form but may contain a classified annex. er the property is or was involved in the act foreign financial institution.’’; SEC. 506. REPORT ON MEMBERSHIP OF IRAN IN upon which the claim is based.’’. (2) in subsection (h)— INTERNATIONAL ORGANIZATIONS. (2) TERRORISM RISK INSURANCE ACT OF 2002.— (A) by redesignating paragraph (3) as para- Not later than 180 days after the date of the Section 201(a) of the Terrorism Risk Insurance graph (4); and enactment of this Act, and not later than Sep- Act of 2002 (28 U.S.C. 1610 note) is amended by (B) by inserting after paragraph (2) the fol- tember 1 of each year thereafter, the Secretary striking ‘‘section 1605(a)(7)’’ and inserting ‘‘sec- lowing: of State shall submit to the appropriate congres- tion 1605A or 1605(a)(7) (as such section was in ‘‘(3) SIGNIFICANT REDUCTIONS.—The terms ‘re- sional committees a report listing the inter- effect on January 27, 2008)’’. duce significantly’, ‘significant reduction’, and national organizations of which Iran is a mem- SEC. 503. TECHNICAL CORRECTIONS TO SECTION ‘significantly reduced’, with respect to pur- ber and detailing the amount that the United 1245 OF THE NATIONAL DEFENSE AU- chases from Iran of petroleum and petroleum States contributes to each such organization on THORIZATION ACT FOR FISCAL YEAR products, include a reduction in such purchases an annual basis. 2012. in terms of price or volume toward a complete SEC. 507. SENSE OF CONGRESS ON EXPORTATION (a) EXCEPTION FOR SALES OF AGRICULTURAL cessation of such purchases.’’; and OF GOODS, SERVICES, AND TECH- COMMODITIES.— (3) by adding at the end the following: NOLOGIES FOR AIRCRAFT PRO- (1) IN GENERAL.—Section 1245(d)(2) of the Na- ‘‘(i) TERMINATION.—The provisions of this sec- DUCED IN THE UNITED STATES. tional Defense Authorization Act for Fiscal tion shall terminate on the date that is 30 days It is the sense of Congress that licenses to ex- Year 2012 (22 U.S.C. 8513a(d)(2)) is amended— after the date on which the President submits to port or reexport goods, services, or technologies (A) in the paragraph heading, by inserting Congress the certification described in section for aircraft produced in the United States ‘‘AGRICULTURAL COMMODITIES,’’ after ‘‘SALES 401(a) of the Comprehensive Iran Sanctions, Ac- should be provided only in situations in which OF’’; and countability, and Divestment Act of 2010 (22 such licenses are truly essential and in a man- (B) in the text, by inserting ‘‘agricultural U.S.C. 8551(a)).’’. ner consistent with the laws and foreign policy commodities,’’ after ‘‘sale of’’. (b) EFFECTIVE DATE.—The amendments made goals of the United States. (2) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) of subsection (a) shall TITLE VI—GENERAL PROVISIONS by paragraph (1) shall take effect as if included apply with respect to financial transactions SEC. 601. IMPLEMENTATION; PENALTIES. in the National Defense Authorization Act for conducted or facilitated on or after the date (a) IMPLEMENTATION.—The President may ex- Fiscal Year 2012 (Public Law 112–81; 125 Stat. that is 180 days after the date of the enactment ercise all authorities provided under sections 203 1298). of this Act. and 205 of the International Emergency Eco- (b) REPORT OF ENERGY INFORMATION ADMINIS- SEC. 505. REPORTS ON NATURAL GAS EXPORTS nomic Powers Act (50 U.S.C. 1702 and 1704) to TRATION.— FROM IRAN. (1) IN GENERAL.—Section 1245(d)(4)(A) of the carry out— (a) REPORT BY ENERGY INFORMATION ADMIN- (1) sections 211, 212, 213, 217, 218, 220, 312, and National Defense Authorization Act for Fiscal ISTRATION.—Not later than 60 days after the 411, subtitle A of title III, and title VII; Year 2012 (22 U.S.C. 8513a(d)(4)(A)) is amend- date of the enactment of this Act, the Adminis- (2) section 104A of the Comprehensive Iran ed— trator of the Energy Information Administration Sanctions, Accountability, and Divestment Act (A) by striking ‘‘60 days after the date of the shall submit to the President and the appro- of 2010, as added by section 312; and enactment of this Act, and every 60 days there- priate congressional committees a report on the (3) sections 105A and 105B of the Comprehen- after’’ and inserting ‘‘October 25, 2012, and the natural gas sector of Iran that includes— sive Iran Sanctions, Accountability, and Divest- last Thursday of every other month thereafter’’; (1) an assessment of exports of natural gas ment Act of 2010, as added by subtitle A of title and from Iran; IV. (B) by striking ‘‘60-day period’’ and inserting (2) an identification of the countries that pur- (b) PENALTIES.— ‘‘2-month period’’. chase the most natural gas from Iran; (1) IN GENERAL.—The penalties provided for in (2) EFFECTIVE DATE.—The amendments made (3) an assessment of alternative supplies of subsections (b) and (c) of section 206 of the by paragraph (1) shall take effect on September natural gas available to those countries; International Emergency Economic Powers Act 1, 2012. (4) an assessment of the impact a reduction in (50 U.S.C. 1705) shall apply to a person that vio- SEC. 504. EXPANSION OF SANCTIONS UNDER SEC- exports of natural gas from Iran would have on lates, attempts to violate, conspires to violate, or TION 1245 OF THE NATIONAL DE- global natural gas supplies and the price of nat- causes a violation of a provision specified in FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012. ural gas, especially in countries identified under paragraph (2) of this subsection, or an order or (a) IN GENERAL.—Section 1245 of the National paragraph (2); and regulation prescribed under such a provision, to Defense Authorization Act for Fiscal Year 2012 (5) such other information as the Adminis- the same extent that such penalties apply to a (22 U.S.C. 8513a), as amended by section 503, is trator considers appropriate. person that commits an unlawful act described further amended— (b) REPORT BY PRESIDENT.— in section 206(a) of that Act. (1) in subsection (d)— (1) IN GENERAL.—Not later than 60 days after (2) PROVISIONS SPECIFIED.—The provisions (A) in paragraph (3), by striking ‘‘a foreign fi- receiving the report required by subsection (a), specified in this paragraph are the following: nancial institution owned or controlled by the the President shall, relying on information in (A) Sections 211, 212, 213, and 220, subtitle A government of a foreign country, including’’; that report, submit to the appropriate congres- of title III, and title VII. and sional committees a report that includes— (B) Sections 105A and 105B of the Comprehen- (B) in paragraph (4)(D)— (A) an assessment of— sive Iran Sanctions, Accountability, and Divest- (i) by striking ‘‘Sanctions imposed’’ and in- (i) the extent to which revenues from exports ment Act of 2010, as added by subtitle A of title serting the following: of natural gas from Iran are still enriching the IV. ‘‘(i) IN GENERAL.—Sanctions imposed’’; Government of Iran; SEC. 602. APPLICABILITY TO CERTAIN INTEL- (ii) in clause (i), as designated by clause (i) of (ii) whether a sanctions regime similar to the LIGENCE ACTIVITIES. this subparagraph— sanctions regime imposed with respect to pur- Nothing in this Act or the amendments made (I) by striking ‘‘a foreign financial institu- chases of petroleum and petroleum products by this Act shall apply to the authorized intel- tion’’ and inserting ‘‘a financial transaction de- from Iran pursuant to section 1245 of the Na- ligence activities of the United States. scribed in clause (ii) conducted or facilitated by tional Defense Authorization Act for Fiscal SEC. 603. APPLICABILITY TO CERTAIN NATURAL a foreign financial institution’’; Year 2012, as amended by sections 503 and 504, GAS PROJECTS. (II) by striking ‘‘institution has significantly’’ or other measures could be applied effectively to (a) EXCEPTION FOR CERTAIN NATURAL GAS and inserting ‘‘institution— exports of natural gas from Iran; PROJECTS.—Nothing in this Act or the amend- ‘‘(I) has significantly reduced’’; (iii) the geostrategic implications of a reduc- ments made by this Act shall apply to any activ- (III) by striking the period at the end and in- tion in exports of natural gas from Iran, includ- ity relating to a project— serting ‘‘; or’’; and ing the impact of such a reduction on the coun- (1) for the development of natural gas and the (IV) by adding at the end the following: tries identified under subsection (a)(2); construction and operation of a pipeline to ‘‘(II) in the case of a country that has pre- (iv) alternative supplies of natural gas avail- transport natural gas from Azerbaijan to Tur- viously received an exception under this sub- able to those countries; and key and Europe; paragraph, has, after receiving the exception, (v) the impact a reduction in exports of nat- (2) that provides to Turkey and countries in reduced its crude oil purchases from Iran to ural gas from Iran would have on global nat- Europe energy security and energy independ- zero.’’; and ural gas supplies and the price of natural gas ence from the Government of the Russian Fed- (iii) by adding at the end the following: and the impact, if any, on swap arrangements eration and other governments with jurisdiction ‘‘(ii) FINANCIAL TRANSACTIONS DESCRIBED.—A for natural gas in place between Iran and over persons subject to sanctions imposed under financial transaction conducted or facilitated by neighboring countries; and this Act or amendments made by this Act; and a foreign financial institution is described in (B) specific recommendations with respect to (3) that was initiated before the date of the this clause if— measures designed to limit the revenue received enactment of this Act pursuant to a production-

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5566 CONGRESSIONAL RECORD — HOUSE August 1, 2012 sharing agreement, or an ancillary agreement bers, regardless of whether such abuses occurred graph are goods or technologies that the Presi- necessary to further a production-sharing agree- in Syria. dent determines are likely to be used by the Gov- ment, entered into with, or a license granted by, (2) UPDATES OF LIST.—The President shall ernment of Syria or any of its agencies or in- the government of a country other than Iran be- submit to the appropriate congressional commit- strumentalities to commit human rights abuses fore such date of enactment. tees an updated list under paragraph (1)— against the people of Syria, including— (b) TERMINATION OF EXCEPTION.— (A) not later than 300 days after the date of (i) firearms or ammunition (as those terms are (1) IN GENERAL.—The exception under sub- the enactment of this Act and every 180 days defined in section 921 of title 18, United States section (a) shall not apply with respect to a thereafter; and Code), rubber bullets, police batons, pepper or project described in that subsection on or after (B) as new information becomes available. chemical sprays, stun grenades, electroshock the date on which the President certifies to the (3) FORM OF REPORT; PUBLIC AVAILABILITY.— weapons, tear gas, water cannons, or surveil- appropriate congressional committees that— (A) FORM.—The list required by paragraph (1) lance technology; or (A) the percentage of the equity interest in the shall be submitted in unclassified form but may (ii) sensitive technology. project held by or on behalf of an entity de- contain a classified annex. (D) SENSITIVE TECHNOLOGY DEFINED.— (i) IN GENERAL.—For purposes of subpara- scribed in paragraph (2) has increased relative (B) PUBLIC AVAILABILITY.—The unclassified graph (C), the term ‘‘sensitive technology’’ to the percentage of the equity interest in the portion of the list required by paragraph (1) means hardware, software, telecommunications project held by or on behalf of such an entity on shall be made available to the public and posted equipment, or any other technology, that the January 1, 2002; or on the websites of the Department of the Treas- President determines is to be used specifically— (B) an entity described in paragraph (2) has ury and the Department of State. (4) CONSIDERATION OF DATA FROM OTHER (I) to restrict the free flow of unbiased infor- assumed an operational role in the project. COUNTRIES AND NONGOVERNMENTAL ORGANIZA- mation in Syria; or (2) ENTITY DESCRIBED.—An entity described in TIONS.—In preparing the list required by para- (II) to disrupt, monitor, or otherwise restrict this paragraph is— speech of the people of Syria. (A) an entity— graph (1), the President shall consider credible data already obtained by other countries and (ii) EXCEPTION.—The term ‘‘sensitive tech- (i) owned or controlled by the Government of nology’’ does not include information or infor- Iran or identified under section 560.304 of title nongovernmental organizations, including orga- nizations in Syria, that monitor the human mational materials the exportation of which the 31, Code of Federal Regulations (relating to the President does not have the authority to regu- definition of the Government of Iran); or rights abuses of the Government of Syria. (c) SANCTIONS DESCRIBED.—The sanctions de- late or prohibit pursuant to section 203(b)(3) of (ii) organized under the laws of Iran or with scribed in this subsection are sanctions pursu- the International Emergency Economic Powers the participation or approval of the Government ant to the International Emergency Economic Act (50 U.S.C. 1702(b)(3)). of Iran; Powers Act (50 U.S.C. 1701 et seq.), including (3) SPECIAL RULE TO ALLOW FOR TERMINATION (B) an entity owned or controlled by an entity blocking of property and restrictions or prohibi- OF SANCTIONABLE ACTIVITY.—The President described in subparagraph (A); or tions on financial transactions and the expor- shall not be required to include a person on the (C) a successor entity to an entity described in tation of property, subject to such regulations as list required by paragraph (1) if the President subparagraph (A). the President may prescribe. certifies in writing to the appropriate congres- SEC. 604. RULE OF CONSTRUCTION WITH RE- sional committees that— SEC. 703. IMPOSITION OF SANCTIONS WITH RE- SPECT TO USE OF FORCE AGAINST (A) the person is no longer engaging in, or has SPECT TO THE TRANSFER OF GOODS IRAN AND SYRIA. OR TECHNOLOGIES TO SYRIA THAT taken significant verifiable steps toward stop- Nothing in this Act or the amendments made ARE LIKELY TO BE USED TO COMMIT ping, the activity described in paragraph (2) for by this Act shall be construed as a declaration HUMAN RIGHTS ABUSES. which the President would otherwise have in- of war or an authorization of the use of force (a) IN GENERAL.—The President shall impose cluded the person on the list; and against Iran or Syria. sanctions described in section 702(c) with respect (B) the President has received reliable assur- SEC. 605. TERMINATION. to— ances that the person will not knowingly engage (a) IN GENERAL.—The provisions of sections (1) each person on the list required by sub- in any activity described in paragraph (2) in the 211, 212, 213, 218, 220, 221, and 501, title I, and section (b); and future. subtitle A of title III shall terminate on the date (2) any person that— (4) UPDATES OF LIST.—The President shall that is 30 days after the date on which the (A) is a successor entity to a person on the submit to the appropriate congressional commit- President makes the certification described in list; tees an updated list under paragraph (1)— (A) not later than 300 days after the date of section 401(a) of the Comprehensive Iran Sanc- (B) owns or controls a person on the list, if the enactment of this Act and every 180 days tions, Accountability, and Divestment Act of the person that owns or controls the person on thereafter; and 2010 (22 U.S.C. 8551(a)). the list had actual knowledge or should have (B) as new information becomes available. (b) AMENDMENT TO TERMINATION DATE OF known that the person on the list engaged in the activity described in subsection (b)(2) for (5) FORM OF REPORT; PUBLIC AVAILABILITY.— COMPREHENSIVE IRAN SANCTIONS, ACCOUNT- (A) FORM.—The list required by paragraph (1) which the person was included in the list; or ABILITY, AND DIVESTMENT ACT OF 2010.—Section shall be submitted in unclassified form but may 401(a)(2) of the Comprehensive Iran Sanctions, (C) is owned or controlled by, or under com- mon ownership or control with, the person on contain a classified annex. Accountability, and Divestment Act of 2010 (22 (B) PUBLIC AVAILABILITY.—The unclassified the list, if the person owned or controlled by, or U.S.C. 8551(a)(2)) is amended by inserting ‘‘, portion of the list required by paragraph (1) under common ownership or control with (as the and verifiably dismantled its,’’ after ‘‘develop- shall be made available to the public and posted case may be), the person on the list knowingly ment of’’. on the websites of the Department of the Treas- engaged in the activity described in subsection ury and the Department of State. TITLE VII—SANCTIONS WITH RESPECT TO (b)(2) for which the person was included in the HUMAN RIGHTS ABUSES IN SYRIA list. SEC. 704. IMPOSITION OF SANCTIONS WITH RE- SPECT TO PERSONS WHO ENGAGE IN SEC. 701. SHORT TITLE. (b) LIST.— CENSORSHIP OR OTHER FORMS OF This title may be cited as the ‘‘Syria Human (1) IN GENERAL.—Not later than 120 days after REPRESSION IN SYRIA. Rights Accountability Act of 2012’’. the date of the enactment of this Act, the Presi- (a) IN GENERAL.—The President shall impose SEC. 702. IMPOSITION OF SANCTIONS WITH RE- dent shall submit to the appropriate congres- sanctions described in section 702(c) with respect SPECT TO CERTAIN PERSONS WHO sional committees a list of persons that the to each person on the list required by subsection ARE RESPONSIBLE FOR OR President determines have knowingly engaged (b). COMPLICIT IN HUMAN RIGHTS in an activity described in paragraph (2) on or (b) LIST OF PERSONS WHO ENGAGE IN CENSOR- ABUSES COMMITTED AGAINST CITI- after such date of enactment. SHIP.— ZENS OF SYRIA OR THEIR FAMILY (2) ACTIVITY DESCRIBED.— (1) IN GENERAL.—Not later than 120 days after MEMBERS. (A) IN GENERAL.—A person engages in an ac- the date of the enactment of this Act, the Presi- (a) IN GENERAL.—The President shall impose tivity described in this paragraph if the per- dent shall submit to the appropriate congres- sanctions described in subsection (c) with re- son— sional committees a list of persons that the spect to each person on the list required by sub- (i) transfers, or facilitates the transfer of, President determines have engaged in censor- section (b). goods or technologies described in subparagraph ship, or activities relating to censorship, in a (b) LIST OF PERSONS WHO ARE RESPONSIBLE (C) to Syria; or manner that prohibits, limits, or penalizes the FOR OR COMPLICIT IN CERTAIN HUMAN RIGHTS (ii) provides services with respect to goods or legitimate exercise of freedom of expression by ABUSES.— technologies described in subparagraph (C) after citizens of Syria. (1) IN GENERAL.—Not later than 120 days after such goods or technologies are transferred to (2) UPDATES OF LIST.—The President shall the date of the enactment of this Act, the Presi- Syria. submit to the appropriate congressional commit- dent shall submit to the appropriate congres- (B) APPLICABILITY TO CONTRACTS AND OTHER tees an updated list under paragraph (1)— sional committees a list of persons who are offi- AGREEMENTS.—A person engages in an activity (A) not later than 300 days after the date of cials of the Government of Syria or persons act- described in subparagraph (A) without regard to the enactment of this Act and every 180 days ing on behalf of that Government that the Presi- whether the activity is carried out pursuant to thereafter; and dent determines, based on credible evidence, are a contract or other agreement entered into be- (B) as new information becomes available. responsible for or complicit in, or responsible for fore, on, or after the date of the enactment of (3) FORM OF REPORT; PUBLIC AVAILABILITY.— ordering, controlling, or otherwise directing, the this Act. (A) FORM.—The list required by paragraph (1) commission of serious human rights abuses (C) GOODS OR TECHNOLOGIES DESCRIBED.— shall be submitted in unclassified form but may against citizens of Syria or their family mem- Goods or technologies described in this subpara- contain a classified annex.

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5567 (B) PUBLIC AVAILABILITY.—The unclassified KUCINICH) and ask unanimous consent lists virtually all of Iran’s energy, fi- portion of the list required by paragraph (1) that he be allowed to control those 5 nancial, and transportation sectors, shall be made available to the public and posted minutes. and cuts off companies that keep doing on the websites of the Department of the Treas- The SPEAKER pro tempore. Is there business with Iran from access to our ury and the Department of State. objection to the request of the gentle- markets in the United States. SEC. 705. WAIVER. woman from Florida? This legislation also imposes sanc- The President may waive the requirement to Mr. KUCINICH. Mr. Speaker, reserv- tions to prevent Iran from repatriating include a person on a list required by section any proceeds from its oil sales, depriv- 702, 703, or 704 or to impose sanctions pursuant ing the right to object, are we appor- to any such section if the President— tioning that 5 minutes from each side? ing the Iranian regime of 80 percent of (1) determines that such a waiver is in the na- Mr. BERMAN. Will the gentleman its hard currency earnings and half of tional security interests of the United States; yield? the funds that support its budget. This and Mr. KUCINICH. I yield to the gen- bill also imposes tough new sanctions (2) submits to the appropriate congressional tleman from California. on the National Iranian Oil Company, committees a report on the reasons for that de- Mr. BERMAN. At the point where I the National Iranian Tanker Company, termination. am recognized, I will be also seeking and Iran’s Islamic Revolutionary SEC. 706. TERMINATION. unanimous consent for the same kind Guard Corps. It also targets Iran’s use (a) IN GENERAL.—The provisions of this title of referral of time to your control. of barter transactions to bypass sanc- and any sanctions imposed pursuant to this title Mr. KUCINICH. I withdraw my res- tions, the provisions of insurance to shall terminate on the date on which the Presi- ervation. Iran’s energy sector. It also targets dent submits to the appropriate congressional provisions of specialized financial mes- committees— The SPEAKER pro tempore. Is there (1) the certification described in subsection objection to the request of the gentle- saging services to the Central Bank of (b); and woman from Florida? Iran. (2) a certification that— There was no objection. Mr. Speaker, in 1995, the late former (A) the Government of Syria is democratically Mr. BERMAN. Mr. Speaker, I would Secretary of State, Warren Christopher elected and representative of the people of also yield 5 minutes of my time to the said: Syria; or gentleman from Ohio and ask unani- In terms of its organization, programs, (B) a legitimate transitional government of mous consent that he be allowed to procurement, and covert activities, Iran is Syria is in place. pursuing the classic route to nuclear weap- control those 5 minutes. (b) CERTIFICATION DESCRIBED.—A certifi- ons, which has been followed by almost all cation described in this subsection is a certifi- The SPEAKER pro tempore. Is there states that have recently sought a nuclear cation by the President that the Government of objection to the request of the gen- capability. Syria— tleman from California? That was in 1995. (1) has unconditionally released all political There was no objection. Secretary Christopher added: prisoners; GENERAL LEAVE There is no room for complacency. (2) has ceased its practices of violence, unlaw- Ms. ROS-LEHTINEN. Mr. Speaker, I Congress passed the Iran-Libya Sanc- ful detention, torture, and abuse of citizens of ask unanimous consent that all Mem- Syria engaged in peaceful political activity; tions Act in ’96. That law, now called (3) has ceased its practice of procuring sen- bers may have 5 legislative days to re- the Iran Sanctions Act, sought to tar- sitive technology designed to restrict the free vise and extend their remarks and to get Iran’s economic lifeline—its energy flow of unbiased information in Syria, or to dis- include extraneous material on the sector—and denied Tehran the finan- rupt, monitor, or otherwise restrict the right of measure under consideration. cial resources to pursue its nuclear am- citizens of Syria to freedom of expression; The SPEAKER pro tempore. Is there bitions, to sponsor violent Islamic (4) has ceased providing support for foreign objection to the request of the gentle- groups, and to dominate the region. terrorist organizations and no longer allows woman from Florida? b 1430 such organizations, including Hamas, There was no objection. Hezbollah, and Palestinian Islamic Jihad, to Ms. ROS-LEHTINEN. Mr. Speaker, I Regrettably, just a couple years after maintain facilities in territory under the control yield myself such time as I may con- enactment of that law, the Clinton ad- of the Government of Syria; and ministration issued a blanket waiver of (5) has ceased the development and deploy- sume. ment of medium- and long-range surface-to-sur- Mr. Speaker, I have spoken on this energy sector sanctions that has been face ballistic missiles; floor many times about the Iranian continued by successive administra- (6) is not pursuing or engaged in the research, threat and the need for action to stop tions. development, acquisition, production, transfer, it, but ultimately we will all be judged In 1996, U.S. concerns were not shared or deployment of biological, chemical, or nuclear by a simple question: Did we stop Iran by our allies in Europe and Asia, who weapons, and has provided credible assurances from getting a nuclear weapons capa- argued that trade, dialogue, and en- that it will not engage in such activities in the gagement toward the Iranian regime bility? If the answer is ‘‘no,’’ if we fail, future; and would succeed in moderating Tehran’s then nothing else matters. If we fail, it (7) has agreed to allow the United Nations behavior. This allowed the Iranian would be of no comfort to the Amer- and other international observers to verify that threat to flourish. the Government of Syria is not engaging in such ican people whose security and future However, Congress continued to de- activities and to assess the credibility of the as- would be put in danger. If we fail, it velop new legislative countermeasures surances provided by that Government. would be of no comfort to our ally, (c) SUSPENSION OF SANCTIONS AFTER ELECTION in the form of the Iran Freedom Sup- Israel, whose very existence would be port Act of 2006 and the Comprehensive OF DEMOCRATIC GOVERNMENT.—If the President put in danger. submits to the appropriate congressional com- Iran Sanctions, Accountability, and Di- mittees the certification described in subsection History is full of avoidable tragedies, vestment Act of 2010 to address these (a)(2), the President may suspend the provisions of foolish countries that have allowed Iranian threats and to hold the regime of this title and any sanctions imposed under their enemies to prepare to destroy accountable for its human rights viola- this title for not more than 180 days to allow them. The entire world now is fully tions, for its state sponsorship of vio- time for a certification described in subsection aware of Iran’s true intention. Now is lent extremists, and for its pursuit of a (b) to be submitted. the time to take a stand. As Sir Win- nuclear capability. The SPEAKER pro tempore. Pursu- ston Churchill said: We have analyzed Iranian reaction ant to the rule, the gentlewoman from You ask, What is our aim? I can answer and behavior in response to these new Florida (Ms. ROS-LEHTINEN) and the with one word: victory. For without victory, sanctions. We have looked at what gentleman from California (Mr. BER- there is no survival. steps our allies have undertaken and MAN) each will control 20 minutes. To get us on that path to victory, Mr. considered the actions, or the paral- The Chair recognizes the gentle- Speaker, I ask my colleagues to render ysis, of the United Nations. But most woman from Florida. their full support to the Iran Threat importantly, Mr. Speaker, we have in- Ms. ROS-LEHTINEN. Mr. Speaker, Reduction and the Syria Human Rights tensified our response as the Iranian by prior agreement with the gentleman Act of 2012, a bicameral, bipartisan threat has evolved and grown. from California, who will do the same, agreement that represents the strong- We know that ‘‘the price of freedom I would like to yield 5 minutes of my est set of sanctions ever put in place is eternal vigilance.’’ But far more time to the gentleman from Ohio (Mr. against the regime in Tehran. It black- than vigilance is needed in this case.

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.027 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5568 CONGRESSIONAL RECORD — HOUSE August 1, 2012 Which brings us to the Iran Threat Mr. BERMAN. Mr. Speaker, I am proud to have led an effort earlier this Reduction and Syria Human Rights very pleased to yield 2 minutes to the year with the majority leader to Act, which we are considering today. gentleman from Maryland (Mr. HOYER), strengthen U.S.-Israel military and in- This bipartisan, bicameral agreement a national leader on the issue of non- telligence relations. seeks to tighten the choke hold on the proliferation and human rights and I urge all of my colleagues to unite regime beyond anything that has been particularly our efforts to stop Iran’s behind this bill, just as we did behind done before. It sends a clear message nuclear weapons program, the Demo- that one. A nuclear-armed Iran is not that the American people, through cratic whip of the House. an option for the Middle East, for the their elected representatives, are fully Mr. HOYER. I thank the gentleman international community, and for the committed to using every economic from California for yielding. United States. and political lever at their disposal to First, I want to rise and thank Chair- Mr. KUCINICH. Mr. Speaker, I yield prevent Iran from crossing the nuclear woman ILEANA ROS-LEHTINEN for her 21⁄2 minutes to the gentleman from threshold. continuing leadership and focus on this Texas, Congressman RON PAUL, an Through this bill, we declare that the important issue, as she does on so American patriot, someone who has Iranian energy sector is off limits, and many other issues as well. been relentless in his efforts to stop it blacklists any related unauthorized Mr. Speaker, let me thank my friend, America from blundering into foreign dealings. It will undermine Iran’s abil- the gentleman from California and adventures. ity to repatriate the revenues it re- ranking member of the Foreign Affairs Mr. PAUL. I thank the gentleman for ceives from the sale of crude oil, de- Committee, Mr. BERMAN. His leader- yielding. priving Iran of hard currency earnings ship on this issue in Congress is second I think this bill would be better and funds needed to sustain its nuclear to none, and I commend him for his named if we called it ‘‘Obsession with program. It prevents the purchasing of work. Iran Act of 2012’’ because this is what Iranian sovereign debt, thereby further This is a bill I expect will pass with we continue to be doing—obsess with limiting the regime’s ability to finance overwhelming support in both parties Iran and the idea that Iran is a threat its illicit activities. It also expands and for good reason. Iran cannot be al- to our national security. sanctions against Iranian and Syrian lowed to develop a nuclear weapon. Iran happens to be a Third World na- officials for human rights abuses, par- America’s policy, as President Obama tion. They have no significant navy, ticularly those facilitated by computer has stated, is prevention, not contain- air force, intercontinental ballistic and network disruption, monitoring, ment. missiles. The IAEA and our CIA say We have many tools at our disposal and tracking by those governments. they are not on the verge of a nuclear to prevent Iran from obtaining nuclear Yet we should be under no illusions, weapon. weapons technology. While President Mr. Speaker, that this legislation is a It’s so similar to what we went Obama is keeping all options on the magic wand that we wave, and we will through in the early part of this last table, the best diplomatic tool we have resolve the problem overnight. Sanc- decade where we were beating the war to deter Iran is the sanctions regime tions have helped to knock the regime drums to go to war against Iraq. And it his administration has expanded along off balance. But unless the executive was all a facade. There was no danger with our allies in Europe and else- branch fully implements these meas- from Iraq. So this is what we’re doing, where. These sanctions have already ures immediately, the regime is likely beating the war drums once again. had a significant effect, and Iran con- to regain its footing and further speed Since the bill has come back from tinues to face the prospect of severe up its nuclear march. So let us act now the conference, if we are to deal with economic repercussions if they fail to to stop that march. civil liberties in Syria—well, I happen With that, Mr. Speaker, I reserve the abandon their nuclear weapons plan. President Obama deserves credit for to be a civil libertarian. I am very con- balance of my time. cerned about civil liberties. But let me Mr. Speaker, the threat posed by the Iranian his tough stances. The new sanctions this legislation would impose target tell you, this bill is not going to do regime is not just a threat to the United anything to enhance the civil liberties States, or to our allies, or to the Iranian peo- entities conducting business with Iran’s insurance, energy, and shipping of the individuals in Syria. ple. If we were really interested in civil The Iranian regime is also a threat to the sectors. As a result of prohibitions on liberties, why wouldn’t we look to our- Syrian people, because of Iran’s close ties repatriating oil revenues, these sanc- selves? Why wouldn’t we look to the and assistance, including weapons that have tions would deny Iran 80 percent of its things we do here? What about our helped the regime in Syria to slaughter thou- hard currency earnings. Iran’s banking warrantless searches under the PA- sands. sector, including its central bank, is al- Like Iran, Syria is a state sponsor of ter- ready sanctioned, a result of the Ira- TRIOT Act? What about the policy of rorism that poses a threat to the U.S., to our nian Government’s financial support assassination, assassinating American ally Israel, and to other responsible nations. for terrorism in the region and around citizens? What about arrests by the I hope to be back on the House floor in the the world. military, the National Defense Author- near future with the Syria Freedom Support There is no better evidence why this ization Act? What about the drone war- Act to address the totality of the Syrian threat, bill is so important than the fact that fare that we go on? Do you think we but today we stand ready to hold the Assad 2 weeks ago, a terrorist attack in Bul- are protecting civil liberties by arbi- regime accountable for its gross human rights garia killed six innocent civilians, five trarily dropping drones or threatening violations. of them vacationing Israelis. There to drop drones anyplace in the world, Today, we seek to ensure that neither of have been numerous press reports link- with innocent people dying? these brutal regimes has access to resources ing Iran to that attack. If we want to really care about civil that would enable them to perpetuate their As long as Iran continues to pursue liberties in Syria, why don’t we care cruelty. nuclear weapons, call for the destruc- about the secret prisons we have and Those allies who, 16 years ago, wanted to tion of Israel, and provide arms to ter- the history of torture that we have had engage and continue business as usual with ror groups like Hamas and Hezbollah, in this country? Iran and who, until just a few years ago, were it will face the consequences in the What about the fact that kill lists proposing expanded trade agreements with form of sanctions, isolation, and the are being made by the executive branch the Assad regime in Syria, have awaken to continuing reality of the option of of government, and we sit idly by and take a stand against the threatening activities military action. approve of it by saying nothing, and of these pariah states. The SPEAKER pro tempore. The the American people put up with it, Congress must carry out its responsibility to time of the gentleman has expired. and we march in this direction, march- the American people and overwhelmingly Mr. BERMAN. I am pleased to yield ing into a determination to have an- adopt the bicameral, bipartisan agreement we the gentleman an additional 30 sec- other war? are considering today. onds. When you put sanctions on a coun- I urge the President to quickly sign it into Mr. HOYER. I thank the gentleman. try, it’s an act of war, and that is what law and immediately and fully implement the The United States continues to stand this is all about. The first thing you do sanctions it contains. strongly with our ally Israel. And I am when war breaks out between two

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.055 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5569 countries is you put sanctions on them. set out to do when we introduced it. INVESTMENT AND DEVELOPMENT COM- You blockade the country. So this is an For example, through further limiting PANY. act of war. transitions with the Central Bank of CIRE, Kursad Zafer; COBHAM SHIPPING COMPANY LIMITED; CONCEPT GIANT What would we do if somebody block- Iran, an initiative I originated, this LIMITED; CRYSTAL SHIPPING FZE; aded and put sanctions on us and pre- legislation restricts Iran’s ability to DAJMAR, Mohhammad Hossein; DARYA vented the importation of any product repatriate the revenue it receives from CAPITAL ADMINISTRATION GMBH; Dig- of this country? We would be furious. its diminishing oil sales. It includes ital Media Lab; DIVANDARI, Ali; DORKING We would declare war. We would go to provisions that clamp down on Iran’s SHIPPING COMPANY LIMITED; war. oil exports by targeting the National DURANSOY, Cagri; DURANSOY, Muammer Iranian Oil Company and the National Kuntay; EFFINGHAM SHIPPING COMPANY b 1440 LIMITED; EIGHTH OCEAN ADMINISTRA- Iranian Tanker Company; and it ex- TION GMBH; EIGHTH OCEAN GMBH & CO. So we are the antagonists. We’re over pands sanctions on Iranian shipping, there poking our nose and poking our KG; Electronic Components Industries; insurance, and financing in the energy ELECTRONICS INSTITUTE; ELEVENTH nose in other people’s affairs, just look- sector. OCEAN ADMINISTRATION GMBH; ELEV- ing for a chance to start another war. The bill also increases sanctions on ENTH OCEAN GMBH & CO. KG; EZATI, Ali; First it’s Syria and then Iran. We have transactions with Iran’s Islamic Revo- FAIRWAY SHIPPING LTD. too many wars. We need to stop the lutionary Guard Corps, the spearhead FALSAFI, Mahin; FARNHAM SHIPPING wars. We don’t have the money to fight COMPANY LIMITED; FAROOQ, Muhammad; of Iran’s nuclear proliferation and ter- FIFTEENTH OCEAN GMBH & CO. KG; these wars any longer. rorism effort and the dominant player Ms. ROS-LEHTINEN. Mr. Speaker, FIFTH OCEAN ADMINISTRATION GMBH; in the Iranian economy. Further, at FIFTH OCEAN GMBH & CO. KG; FIRST I’m pleased to yield 2 minutes to the my suggestion, this bill now includes a OCEAN ADMINISTRATION GMBH; FIRST gentleman from New York (Mr. TUR- measure which expands CISADA sanc- OCEAN GMBH & CO. KG; FIRST PERSIA NER), a member of our Committee on tions beyond financial institutions to EQUITY FUND; FOURTEENTH OCEAN Foreign Affairs. include more than 200 additional indi- GMBH & CO. KG; FOURTH OCEAN ADMIN- Mr. TURNER of New York. Mr. viduals and companies that have been ISTRATION GMBH; FOURTH OCEAN GMBH Speaker, I rise in strong support of & CO. KG; Frosch, Daniel; FULMEN GROUP; linked to Iran’s nuclear weapons of GALLIOT MARITIME INC; GHEZEL H.R. 1905, the Iran Threat Reduction mass destruction and terrorism pro- and Syria Human Rights Act of 2012. I AYAGH, Alireza; GLOBAL INTERFACE grams. COMPANY INC.; GOLPARVAR, would like to applaud Chairwoman And of critical importance, this bill Gholamhossein; GOMSHALL SHIPPING ROS-LEHTINEN’s tireless effort on this vastly strengthens sanctions on both COMPANY LIMITED; Good Luck Shipping. legislation to ensure that Iran’s ter- Iranian and Syrian human rights abus- GREAT METHOD LIMITED; GREAT rorist regime does not threaten the se- ers. These provisions are very impor- OCEAN SHIPPING SERVICES (L.L.C.); curity of the United States and our tant, but the Iranians should not be HAFIZ DARYA SHIPPING CO; HIGHER IN- greatest ally in the Middle East, Israel. STITUTE OF APPLIED SCIENCE AND fooled into thinking this is the last TECHNOLOGY; HORSHAM SHIPPING COM- I’m sure many of you remember that word on sanctions. Far from it. Iran was found by a Federal court to PANY LIMITED; HTTS HANSEATIC TRADE Finally, Mr. Speaker, I want to call TRUST AND SHIPPING, GMBH; IDEAL have been directly involved in both the on the administration to implement SUCCESS INVESTMENTS LIMITED; INDUS 1983 attacks on the marine barracks in the authorities we have given them, MARITIME INC; International General Beirut which killed 241 soldiers and the fully and without delay. Iran’s nuclear Resourcing; IRAN AIR; IRAN AIRCRAFT Khobar Towers bombing in Saudi Ara- clock is ticking, and time is not on our MANUFACTURING INDUSTRIAL COM- bia where a suicide bomber killed 14 side. The actions the executive branch PANY; IRAN CENTRIFUGE TECHNOLOGY airmen. The victims and their families COMPANY; IRAN COMMUNICATION IN- took yesterday, including the first-ever DUSTRIES; IRAN ELECTRONICS INDUS- won a judgment in court against the CISADA sanctions on foreign banks— Iranian Government, but have had dif- TRIES; IRAN O MISR SHIPPING COM- more than 2 years after CISADA be- PANY; IRANAIR TOURS; IRINVESTSHIP ficulty enforcing it because Iran could came law—are a good beginning, but LTD.; IRISL (MALTA) LIMITED; IRISL hide behind sovereign immunity. Iran’s nuclear weapons program con- (UK) LTD.; IRISL CHINA SHIPPING CO., I introduced H.R. 4070, which is now tinues apace. Every day, it is enriching LTD. part of this bill, to change a specific more uranium and at higher levels. IRISL EUROPE GMBH; IRISL MARINE part of Federal law to allow assets SERVICES & ENGINEERING COMPANY; The only hope we have for a peaceful IRISL MULTIMODAL TRANSPORT CO.; seized from the Iranian Government to solution is to apply enough pressure to be allocated to the Beirut and Khobar IRITAL SHIPPING SRL COMPANY; ISI ensure that Iran ends its nuclear weap- MARITIME LIMITED; ISIM AMIN LIM- Towers families to recover the judg- ons program. The bill before us and the ITED; ISIM ATR LIMITED; ISIM OLIVE ments owed to them. It is time that action the administration has taken LIMITED; ISIM SAT LIMITED; ISIM SEA Iran is held accountable for their in- applies significantly more pressure; but CHARIOT LIMITED; ISIM SEA CRESCENT volvement in the deaths of our soldiers. let there be no doubt, there is more we LIMITED; ISIM SININ LIMITED; ISIM TAJ I’m proud to say that this provision can do and more that we will do if Iran MAHAL LIMITED; ISIM TOUR LIMITED; is truly bipartisan. My colleagues on ISLAMIC REPUBLIC OF IRAN SHIPPING doesn’t end its nuclear weapons pro- LINES; JAFARI, Mani; JAFARI, Milad; both sides of the aisle stand together gram verifiably and completely. We against Iran. By passing this bill JAFARI, Mohammad Javad; JAVEDAN have more work to do. MEHR TOOS; KAVERI MARITIME INC. today, we offer the victims’ families SPECIALLY DESIGNATED NATIONALS AND KERMAN SHIPPING CO LTD; KHALILI, the justice that they have long been BLOCKED PERSONS LIST SEARCH (UPDATED: Jamshid; KHAZAR SEA SHIPPING LINES; denied. 6/25/2012) KOHAS AG; LANCELIN SHIPPING COM- PANY LIMITED; LEADING MARITIME Mr. BERMAN. Mr. Speaker, I rise in NPWMD support of H. Res. 750, and I yield my- PTE. LTD.; LERCH, Gotthard; LOGISTIC ENTITIES/INDIVIDUALS self 21⁄2 minutes. SMART LIMITED; LOWESWATER LIM- The bill before us today marks a sig- Advanced Information and Communication ITED; M. BABAIE INDUSTRIES; MACHINE Technology Center; ADVANCE NOVEL LIM- nificant step forward in our sanctions PARDAZAN CO.; MACPAR MAKINA SAN ITED; AEROSPACE INDUSTRIES ORGANI- VE TIC A.S.; Malek Ashtar University; effort against the Iranian regime and ZATION; AFZALI, Ali; ALPHA EFFORT MALEKI, Naser; MALSHIP SHIPPING its illicit nuclear program, the sanc- LIMITED; ASHTEAD SHIPPING COMPANY AGENCY LTD.; MARANER HOLDINGS LIM- tions effort which even Tehran ac- LIMITED; ASIA MARINE NETWORK PTE. ITED; MARBLE SHIPPING LIMITED; knowledges is already having a stress- LTD.; ASSA CO. LTD.; ASSA CORP.; AT- MAZANDARAN CEMENT COMPANY; ful impact on Iran’s economy. I want LANTIC INTERMODAL; AZORES SHIP- MAZANDARAN TEXTILE COMPANY; to commend my colleague, ILEANA ROS- PING COMPANY LL FZE; BALDACCHINO, MEHR CAYMAN LTD. Adrian; BATENI, Naser; BEST PRECISE MELODIOUS MARITIME INC; MILL LEHTINEN, for her work on this legisla- LIMITED; BIIS MARITIME LIMITED; DENE LIMITED; MINISTRY OF DEFENSE tion; and I’m proud to be the bill’s BMIIC INTERNATIONAL GENERAL TRAD- FOR ARMED FORCES LOGISTICS; Ministry chief cosponsor in the House. ING LTD; BUSHEHR SHIPPING COMPANY of Defense Logistics Export; MODALITY Building on previous sanctions, this LIMITED; BYFLEET SHIPPING COMPANY LIMITED; MOGHADDAMI FARD, Moham- bill adds to what the gentlelady and I LIMITED; CARVANA COMPANY; CEMENT mad; MOUNT EVEREST MARITIME INC;

VerDate Mar 15 2010 05:43 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.066 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5570 CONGRESSIONAL RECORD — HOUSE August 1, 2012 MULTIMAT IC VE DIS TICARET don’t have enough wars in this coun- tleman from California (Mr. SHERMAN), PAZARLAMA LIMITED SIRKETI; MUNI- try? We aren’t involved in enough the ranking member of the Sub- TIONS INDUSTRY DEPARTMENT; places around the world in war? committee on Terrorism and Non- NABIPOUR, Ghasem; NARI SHIPPING AND This is a bad resolution. CHARTERING GMBH & CO. KG; NATIONAL proliferation and Trade. STANDARDS AND CALIBRATION LAB- Ms. ROS-LEHTINEN. Mr. Speaker, 1 b 1450 ORATORY; NEKA NOVIN; NEUMAN LIM- I’d like to yield 3 ⁄2 minutes to the gen- ITED; NEW DESIRE LIMITED; NINTH tleman from Ohio (Mr. CHABOT), who is Mr. SHERMAN. I thank the gen- OCEAN ADMINISTRATION GMBH; NINTH our subcommittee chairman on Middle tleman for yielding. OCEAN GMBH & CO. KG; NOOR AFZAR East and South Asia of our Committee I want to thank the chairwoman of GOSTAR COMPANY; OCEAN CAPITAL AD- on Foreign Affairs. the Foreign Affairs Committee for her MINISTRATION GMBH; PACIFIC SHIPPING Mr. CHABOT. I thank the gentlelady work on this bill and for reaching an DMCEST. for yielding and I thank her for her agreement with the Senate Banking PAJAND, Mohammad Hadi; PARTNER Committee, and I rise in strong support CENTURY LIMITED; PARTO SANAT CO.; very strong support and leadership on PAYA PARTOV CO.; PEARL ENERGY COM- this particular issue and on so many of this measure. PANY LTD.; PEARL ENERGY SERVICES, issues in this Congress. I especially want to thank the chair- SA; PEARL SHIP MANAGEMENT L.L.C.; Mr. Speaker, I rise in support of this man for working with me on title III of QANNADI, Mohammad; Rabiee, Hamid Reza; well-crafted legislation which signifi- this bill, as it reflects several years of RISHI MARITIME INC; ROYAL-MED SHIP- cantly ratchets up pressure on the re- our work together. Title III targets the PING AGENCY LTD; SACKVILLE HOLD- gime in Tehran, as well as all those Iran Revolutionary Guard Corps and INGS LIMITED; SAFIRAN PAYAM DARYA began its life as H.R. 2379, then des- SHIPPING COMPANY; SANDFORD GROUP who support or enable its dangerous LIMITED; SARKANDI, Ahmad; SCIENTIFIC quest for a nuclear weapons capability. ignated the Iran Revolutionary Guard STUDIES AND RESEARCH CENTER; SEC- As we stand here today, Iran’s cen- Corps Designation Implementation OND ACADEMY OF NATURAL SCIENCES; trifuges continue to spin and the re- Act, which I introduced along with the SECOND ECONOMIC COMMITTEE; SECOND gime inches closer to that very end. If chairman in May of 2009. OCEAN ADMINISTRATION GMBH; SECOND allowed to cross that threshold, untold These provisions impose tough sec- OCEAN GMBH & CO. KG. consequences would surely follow. ondary sanctions against any person, SEVENTH OCEAN ADMINISTRATION Iran, which former President George including foreign companies, that con- GMBH; SEVENTH OCEAN GMBH & CO. KG; duct any significant transaction with SHAHID AHMAD KAZEMI INDUSTRIES W. Bush aptly called the ‘‘world’s pri- GROUP; SHAHID BAKERI INDUSTRIAL mary state sponsor of terror,’’ would the IRGC or any of its designated GROUP; SHAHID SATTARI INDUSTRIES; no doubt feel emboldened in its med- fronts and affiliates. The IRGC, SHALLON LIMITED; SHERE SHIPPING dling in the internal affairs of our gulf through its support of Hezbollah and COMPANY LIMITED; SHIPPING COM- allies and in threats to U.S. global and its direct action, has much blood on its PUTER SERVICES COMPANY; SHIRAZ regional interests. Questions of ration- hands. ELECTRONICS INDUSTRIES; SHOMAL CE- ality aside, the regime would also have I want to thank the chairman and MENT COMPANY; SIMATIC DEVELOP- the ability to follow through on its re- her staff for including section 303, MENT CO.; SINO ACCESS HOLDINGS LIM- which applies sanctions to countries ITED; SINOSE MARITIME PTE. LTD.; peated threats to eradicate the State of SIXTH OCEAN ADMINISTRATION GMBH; Israel. Iran cannot be allowed to ac- and governments—not just compa- SIXTH OCEAN GMBH & CO. KG; SMART quire this capability, and I believe that nies—that conduct transactions or pro- DAY HOLDINGS GROUP LIMITED; this legislation may very well signifi- vide support for the IRGC and for pro- SOROUSH SARZAMIN ASATIR SHIP MAN- cantly enhance pressure on the regime. visions which indicate that if you want AGEMENT COMPANY; SPRINGTHORPE The nuclear program is, however, a to be a Federal contractor, you must LIMITED; STARRY SHINE INTER- symptom of the disease rather than the certify that you do not do prohibited NATIONAL LIMITED; STEIGER, Jakob. disease itself. A nuclear program is not business with the IRGC. STEP A.S.; SYSTEM WISE LIMITED; This bill also includes important pro- TAFAZOLI, Ahmad; TAHIR, Buhary Seyed in and of itself what makes this par- Abu; TALAI, Mohamad; TENTH OCEAN ticular regime so nefarious. Rather, it visions I first proposed in the Stop GMBH & CO. KG; THE NUCLEAR REAC- is the perverse nature of the regime Iran’s Nuclear Weapons Program Act TORS FUEL COMPANY; THIRD OCEAN AD- that makes the nuclear program so that will provide sanctions against MINISTRATION GMBH; THIRD OCEAN dangerous. And there can be no doubt those who lend money to the Iranian GMBH & CO. KG; THIRTEENTH OCEAN that the regime in Tehran is a blight Government. It includes another provi- GMBH & CO. KG; TONGHAM SHIPPING CO upon the Iranian people and on the re- sion I authored which will implement LTD; TOP GLACIER COMPANY LIMITED; gion, and, in fact, on the whole world. sanctions against those firms that give TOP PRESTIGE TRADING LIMITED; the Iranian Government the tech- TOSONG TECHNOLOGY TRADING COR- To speak of the nuclear program inde- PORATION; TRADE TREASURE LIMITED. pendently of the regime which pursues nologies for surveillance and repression TRANS MERITS CO. LTD.; TRUE it is in effect putting the cart before of their own people. HONOUR HOLDINGS LIMITED; TWELFTH the horse. This is not the final act, literally or OCEAN ADMINISTRATION GMBH; But this legislation does not fall into figuratively. What we’ve done so far is TWELFTH OCEAN GMBH & CO. KG; that trap. In addition to targeting the not enough to force Iran to abandon its UPPERCOURT SHIPPING COMPANY LIM- nuclear program, H.R. 1905 puts signifi- nuclear program. We ought to stay in ITED; VAHIDI, Ahmad; Value-Added Serv- session and pass even more sanctions ices Laboratory; VALFAJR 8TH SHIPPING cant pressure on the regime for its hor- LINE CO SSK; VOBSTER SHIPPING COM- rific human rights abuses and supports against Iran. PANY LTD; WISSER, Gerhard; WOKING the oppressed Iranian people in their Mr. KUCINICH. I would like to in- SHIPPING INVESTMENTS LIMITED; YASA fight for freedom. clude for the RECORD a statement by PART; ZADEH, Hassan Jalil. Mr. Speaker, I urge adoption of this the Friends Committee on National Mr. KUCINICH. I yield myself 30 sec- critical legislation, and I want to once Legislation, which says that the new onds. again thank the distinguished chair- sanctions push the U.S. and Iran closer What this is doing is essentially stop- woman, Ms. ILEANA ROS-LEHTINEN from to war. ping any kind of a negotiated deal and Florida, for her leadership on this NEW IRAN SANCTIONS PUSH U.S., IRAN CLOSER putting us on a path towards war with issue. She has been pushing and push- TOWARD WAR—FRIENDS COMMITTEE ON NA- Iran. You know, it is likely that any ing and pushing against this corrupt TIONAL LEGISLATION negotiated deal that would prevent a Iranian regime for such a long time, WASHINGTON, DC.—FCNL’s Lobbyist on nuclear-armed Iran would provide for and to do right by our ally Israel, and Middle East issues Kate Gould issued the fol- Iranian enrichment for peaceful pur- ultimately to do what is in the best in- lowing statement opposing the Iran Threat poses under the framework of the nu- terest of the people of the United Reduction and Syria Human Rights Act of clear nonproliferation weapons treaty States as well. It is in nobody’s inter- 2012 (H.R. 1905) that could reach the House floor as early as today: with strict safeguards and inspections. est to have a nuclear Iran, and so I The Friends Committee on National Legis- So we’re taking a path here that guar- want to thank her for her leadership. lation strongly opposes the Iran Threat Re- antees that we’re put on a glide slope Mr. BERMAN. Mr. Speaker, I’m duction and Syria Human Rights Act of 2012 right to war. Why are we doing this, we pleased to yield 11⁄2 minutes to the gen- (H.R. 1905). We believe this legislation would

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.030 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5571 undermine human rights in Iran and cripple resolution of the standoff over Iran’s nuclear treaty. And for us to come and say, the accountability of the diplomatic process program, foreclosing diplomatic options to well, they must quit it, I think it real- now underway to prevent a nuclear-armed prevent a nuclear-armed Iran and a dev- ly is very close to an obsession on a Iran, pushing the U.S. and Iran closer toward astating war. country that is incapable of attacking a devastating war. This bill would tie the President’s hands, War is the ultimate human rights viola- eroding the little flexibility that Congress us, or attacking—they don’t have a his- tion, and this bill lays the groundwork for normally allows the executive branch to con- tory of invading their neighboring war by escalating the scale of economic war- duct negotiations with Iran and allow for countries. The last time they were at fare that Congress would impose on ordinary sanctions relief in exchange for serious, war was with Iraq, and we bugged Iraq Iranian citizens. As in the case of the dec- verifiable Iranian concessions. We are par- to go into Iran. ades of U.S. and U.N. sanctions against Iraq ticularly concerned about section 217, which So I find this very distressing that that culminated in a U.S. invasion of that effectively endorses regime change. The pro- the obsession continues. I find it very, country, economic warfare punishes civil- vision would prohibit the President from ians, emboldens hardliners in Iran’s regime, lifting sanctions against the Central Bank of very upsetting that this vote will, of and forecloses diplomatic options to prevent Iran unless Iran agrees to a host of condi- course, be overwhelmingly in support a nuclear-armed Iran and war. tions that the Islamic Republic of Iran can- of correcting the civil liberties of Syria PUNISHING IRANIAN CIVILIANS not reasonably be expected to agree to. and making Iran toe the line and give As veteran intelligence officer Paul Pillar up on something that they’re per- FCNL and ten other national advocacy and has pointed out, requiring Iran to end efforts religious organizations from the human mitted to do. A vote for this, in my to ‘‘acquire or develop ballistic missiles’’, opinion, in time will show that it’s just rights and peace and security community [section 217 (d)(1)(A)(iii)] ‘‘goes beyond any wrote to Senator Tim Johnson, Chair of the United Nations resolutions on Iran, which one more step to another war that we Senate Banking Committee, last week to op- talk about nuclear capability of missiles, don’t need. pose this bill, and to highlight the impor- and even beyond anything ever demanded of We have not been provoked. They are tance of keeping channels open for Iranians Saddam Hussein’s Iraq, for which range lim- not a threat to our national security, to have access to food, medicine, and other its were imposed. It would be understandable and we should not be doing this. We’ve humanitarian goods and services. if Tehran reads such language as further evi- Ordinary Iranians already face tremendous been doing it too long. For the last 10, dence that the United States is not inter- difficulties in accessing basic medicine under 15 years we have been just obsessed ested in any negotiated agreement but in- sanctions. For example, this week, the board stead only in regime change.’’ with this idea that we go to war and of directors of the Iranian Hemophilia Soci- The bill even requires the President to cer- try to solve all the problems of the ety informed the World Federation of Hemo- tify that Iran does not ‘‘construct, equip, op- world; and at the same time, it is bank- philia that the lives of tens of thousands of erate, or maintain nuclear facilities that rupting us. children are being endangered by the lack of could aid Iran’s effort to acquire a nuclear proper drugs, as a consequence of inter- I strongly urge a ‘‘no’’ vote on this capability’’ [section 217 (d)(1)(A)(ii.)]: in resolution. national sanctions. order to lift sanctions against Iran’s Central The Iranian Hemophilia Society notes that Bank. It appears that Congress is requiring Ms. ROS-LEHTINEN. Mr. Speaker, U.S. and international sanctions technically that t broad indiscriminate sanctions remain I’m pleased to yield 2 minutes to the do not ban medical goods. Yet, despite the in place unless Iran surrenders its nuclear gentleman from California (Mr. ‘humanitarian exemption’ in U.S. sanctions program entirely, even if it is a verifiably ROYCE), who is the chairman of the laws, medicine is not getting in to Iran be- peace program. Foreign Affairs Subcommittee on Ter- cause the ‘‘sanctions imposed on the Central FCNL strongly urges members of Congress Bank of Iran and the country’s other finan- rorism, Nonproliferation and Trade. to speak out and vote against this broad, in- Mr. ROYCE. Mr. Speaker, I want to cial institutions have severely disrupted the discriminate sanctions legislation on the purchase and transfer of medical goods.’’ House floor today. start here by commending Chairman The humanitarian exemption is of pro- ROS-LEHTINEN for this sustained focus I yield 21⁄2 minutes to the gentleman found importance, as the U.S. business com- on Iran that she has had for many, from Texas, Representative RON PAUL. munity and humanitarian organizations many years. I also want to thank have pointed out. We are relieved that this Mr. PAUL. I thank the gentleman for Ranking Member BERMAN for the legislation does not directly prohibit Ira- yielding. strong pressure that he has put on the nians from accessing food, medicine, and hu- I’m still rather impressed with the manitarian trade. However, if the Iranian ci- obsession over a weapon that does not regime in Iran, as well. vilian economy is destroyed by sanctions, exist and no concern whatsoever about Recently, we had the administration then millions of Iranians will be deprived of many nuclear weapons that are held by fighting hard against bipartisan sanc- their livelihoods, and unable to purchase the countries that never even joined the tions targeting the Central Bank of food, medicine, and other goods that the hu- Iran. But what I want to point out is manitarian exemption is supposed to pro- nuclear nonproliferation treaty. It’s called for in the debate that Iran that in a bipartisan way here, Congress tect. Further destabilization of the Iranian insisted on, and today the administra- currency and decimation of the Iranian econ- should end all its nuclear programs, omy will push Iran closer to the state of Iraq but they’re permitted to have the nu- tion touts, the impact of sanctions on when it was under sanctions. During that clear program under the nonprolifera- Iran’s economy. time, UNICEF estimated that U.N. sanctions tion treaty. And the other countries Here is the point I’d like to make: contributed to the deaths of half a million that have weapons, including the coun- we’d be in a much better position if the children. tries that hold the weapons that came executive branch, both Republicans EMBOLDENING HARDLINERS IN IRAN from the Soviet system, it seems like and Democrats—right now we have the This bill would embolden hardliners in the that would be a much greater danger. problem with the Obama administra- Iranian regime, at the expense of the civil- The investigation by either the U.N. tion’s slow-walking this; but had they ians who will overwhelmingly bear the brunt or by our CAs has never indicated that been more willing to work with Con- of these sanctions. Just as Saddam Hussein they have ever enriched above 20 per- gress to craft tougher sanctions ear- never missed a meal under the decades of lier, we’d be in a lot better position sanctions against Iraq, top Iranian officials cent. And they said they won’t even do will not have difficulty accessing food and it to 20 percent if the West would co- right now. The bill’s stepped-up pen- medicine. National security expert Fareed operate and sell them this material. alties on those cooperating with Iran’s Zakaria has noted that the U.S./U.N. sanc- They said, we don’t need it, but we energy and shipping sectors, frankly, tions’ ‘‘basic effect has been to weaken civil need 20 percent enrichment for nuclear that’s the Achilles’ heel that we should society and strengthen the state’’, and that isotopes, medical isotopes. So our re- be aiming at. ‘‘the other effects of the sanctions has been fusal to deal with them prompts them Very importantly, this bill also in- that larger and larger parts of the economy to take up enrichment to 25 percent; 5 cludes a human rights title to go after are now controlled by Iran’s Revolutionary Guard—the elite corps of the armed forces.’’ percent, of course, is what they’re al- those abusing Iran’s citizens. Let’s let lowed to do for nuclear energies. Iranians know that we are on their side FORECLOSING DIPLOMATIC OPTIONS, LAYING But this idea that we can badger peo- and we are going to focus on those GROUNDWORK FOR WAR ple and then defy the law, what we’re crimes against humanity and on the As countless U.S. and Israeli security offi- cials have pointed out, diplomacy is the sin- asking them to do, to close down their brutal regime opposing them. It’s a re- gle most effective way to prevent war and a program, is you’re asking them to defy gime that beats and that imprisons— nuclear-armed Iran. This bill would be a set- international law. They agreed to this. I’ve talked to some of these victims— back to achieving a near-term diplomatic They have a right to do this under this and that often rapes its own people in

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.031 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5572 CONGRESSIONAL RECORD — HOUSE August 1, 2012 order to try to impose its will. It’s a re- with the on-and-off threat of war, is an ever- vention and peacemaking, this brief offers gime that executes political prisoners growing reality in the lives of ordinary Ira- the international community recommenda- by the hundreds. nians. For the generation of Iranians whose tions on limiting the immediate and long- Congress is increasing the pressure. childhood was punctured by nightly bomb- term damage being wrought on women, Ira- ings, fear of chemical attacks, and eight nian society and ultimately regional secu- Many of us, certainly the chairman, years of death and destruction resulting rity. would like to go further. Iran’s cen- from the Iran-Iraq war, the current state of 1. CURRENT SANCTIONS CUT DEEP AND WIDE trifuges are spinning, but this progress uncertainty, prospects of hardship and un- INTO THE SOCIAL AND ECONOMIC LIFE OF ORDI- here today deserves support. raveling of the lives they rebuilt is over- NARY IRANIANS Mr. BERMAN. Mr. Speaker, I yield whelming. In New York, London, Washington and Iranians know war and they know sanc- 11⁄2 minutes to my friend from Florida Brussels the rationale for sanctions vary. tions. The experiences of women, men, the (Mr. DEUTCH), a member of the Foreign Central to the case is the notion that only elderly and the young who lived through the Affairs Committee and the author of crippling sanctions can slow Iran’s nuclear eight years of the Iran-Iraq war are rarely the bill which declares Iran’s energy program and bring about change. A number recounted today, but the long term impact is sector a zone of proliferation. of the sanctions also target state institu- still evident. Though their plight is rarely Mr. DEUTCH. Mr. Speaker, first, I tions and individuals implicated in human discussed, women of child bearing age and would like to recognize Chairman rights violations. Regardless of their polit- soldiers exposed to chemical warfare still suffer from complex health problems. Simi- ILEANA ROS-LEHTINEN and Ranking ical leanings, among western leaders, policy- makers and pundits, no one denies that eco- larly the thousands of men handicapped by Member HOWARD BERMAN for their ex- landmines and war wounds are rarely a topic traordinary leadership and their tire- nomic sanctions are blunt instruments that typically harm the civilian population far of conversation. Another long term impact less work to bring forward a bipartisan more than the state. Western policy makers, has been the rise of female headed house- and bicameral bill. I thank you for however, respond that ‘this is the price that holds in part due to war deaths among men. working with me to include several of has to be paid’—the questions of price for Throughout the 1980s war years, Iranians my provisions in this legislation, in- what, how much, how long and by whom are also suffered from sanctions and lived under cluding the Iran Transparency and Ac- left hanging. a strict rations policy. But it was a very dif- Iranians have the answers. The earliest ferent society then. Some 50 percent of Ira- countability Act, a measure that will, nians lived in rural areas and were largely for the first time, require companies to sanctions imposed in the immediate after- math of the 1979 Iranian revolution (and self sufficient through domestic agricultural disclose their business with Iran on American hostage taking) had less direct im- production. The sanctions too were limited SEC filings and for the first time cre- pact on the public. But since 1995, when the to key sectors pertaining to military equip- ate a public listing of these disclosures Clinton Administration honed in on the oil ment. As a result the public impact was less to clearly and definitively let the and gas sector to the current day where the evident. International trade relations were American people know which compa- banking and financial sectors have been tar- sustained including with the U.S. private nies continue to support the illicit nu- geted, private enterprise and ordinary citi- sector. Today only 29 percent of Iranians live in rural areas. Continued migration to urban clear weapons program of Iran. zens are the primary and overwhelming vic- tims. Needless to say, they are skeptical of areas has led to the expansion of cities and Mr. Speaker, the Iran Threat Reduc- their peripheries. The majority of migrants tion and Syria Human Rights Act sig- western politicians or institutions that claim to care about the well being, human eke out their living in the service industry nificantly expands sanctions against rights or aspirations of the Iranian populace. and informal economy on the margins of cit- the Iranian regime and those who, in It is not uncommon for Iranians in every ies. The sanctions regime is doing most dam- the face of united international opposi- walk of life to recall the Iran-Iraq war (1980– age to those who are already vulnerable—the tion, continue to contribute to Iran’s 88), when the Western world was complicit urban poor. As the pressures increase, eco- quest for nuclear weapons. with Saddam’s Iraq and its use of chemical nomic class and social divisions are also weapons. With the impact of current sanc- being exacerbated. This bill sends one clear message to 2010 sanctions choking insurance and ship- the entire world: if you do virtually tions seeping into every day life now, many Iranians consider them to be a profoundly in- ping sectors with implications for public any business in the Iranian energy sec- sidious and destructive force and source of health: Sanctions introduced in the summer tor—the financial lifeline of this re- basic human rights violations, affecting a of 2010 directly targeted insurance companies gime’s nuclear program—you will be wide cross section of Iranians. that insured Iranian shipping involved in the subject to sanctions. As one women’s rights activist stated, ‘‘the import and export of products. Despite deni- Today, the United States Congress international community’s sole focus on the als by proponents of the sanctions regime, takes U.S. sanctions policy to an un- nuclear issue has resulted in the adoption of this round of sanctions directly affected the precedented level. By sending this leg- policies that inflict great damage on the Ira- availability of foreign-made medication and other healthcare products to Iranians includ- islation to the President’s desk, Con- nian people, civil society and women. Mili- tarization of the environment will prompt ing vitamins for children and pregnant gress can initiate an unprecedented repressive state policies and the possibility women and sanitary products. The implica- crackdown on the Iranian regime. But of promoting reform in Iran will diminish.’’ tion for serious illnesses including cancer is our work does not end here. These pun- Iranians’ wariness of the international particularly profound. As one women’s rights ishing sanctions are a means to an end; community, however, has not quelled criti- activists recounted, ‘‘foreign made medicine and we cannot, for one moment, take cism of their own government. They have became difficult to find in 2010, and with the our eye off the endgame—halting Iran’s neither an appetite for war nor for the belli- intensification of sanctions this trend has march toward a nuclear weapon. cose language of the state. They criticize the continued. Domestically produced drugs, government’s mishandling of the economy in which are dependent on imported ingredi- Again, I thank the chairman and recent years. They balk at the continued im- ents, are also more expensive and difficult to ranking member for their leadership. I position of social restrictions. Those in- find.’’ Others echo this experience. ‘‘Many urge my colleagues to support this im- volved in civil rights activism including stu- Iranians can no longer afford the high cost of portant bill. Now is the time to stand dents, workers, women and leaders from eth- cancer treatment drugs that have become for human rights in Iran and Syria. nic groups and religious minority commu- hard to find,’’ says the daughter of a female Now is the time. Now is the time to nities are among the first to feel the endless cancer patient. ‘‘Family members have to go stop Iran from developing nuclear pressures and limitations imposed on them. from one hospital to another and to multiple weapons. Not least because the sanctions and threat of pharmacies to find and then purchase the medicines at high costs for the treatment Mr. KUCINICH. I would like to in- war allow the state to invoke ‘‘a state of emergency’’ and in so doing suppress critics and life of their family members. Patients clude for the RECORD a publication and voices of dissent. with poorer prognoses or those who cannot from the International Civil Society In its ongoing series of MENA region ‘What afford it are forgoing treatments and opting Action Network, ‘‘What the Women the Women Say’ briefs, ICAN provides a gen- for an early death so they don’t burden their Say: Killing Them Softly: The Stark dered analysis of the impact of sanctions, families financially.’’ Impact of Sanctions on the Lives of Or- echoing the voices and experiences of Ira- Sanctions targeting Iran’s oil and gas sec- dinary Iranians.’’ nians, particularly women’s rights activists, tor were also intensified in 2010, through lim- regarding the social, economic, political and iting or ending the sale of gasoline products WHAT THE WOMEN SAY: KILLING THEM SOFT- security consequences. At a time when the to Iran. In anticipation, the Iranian govern- LY: THE STARK IMPACT OF SANCTIONS ON United States, the European Union and oth- ment initiated a number of steps including THE LIVES OF ORDINARY IRANIANS—BRIEF 3: ers are heralding their national action plans ending of subsidies for gasoline, rationing JULY 2012 on women, peace and security that highlight gasoline and increasing domestic refining The unprecedented, devastating and coun- the need for women’s protection in times of processes. As a result, the price increase has terproductive impact of sanctions, coupled crisis and their participation in conflict pre- been significant, with unrationed gasoline

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.061 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5573 costing 4000 Rials per liter in 2009 and pro- themselves caught in a financial no-man’s Iraq when sanctions were imposed. In Iraq jected to increase to 8000 Rials in 2012. Free land; being forced to close existing accounts, sanctions and the ensuing poverty resulted market prices for gasoline are currently at while barred from transferring their savings in the withdrawal of girls from education 7000 Rials per liter. Additionally the quality to other accounts internationally or in Iran. and increases in child marriage (families of the domestic product is much lower than In effect the banking sanctions are forcing were forced to marry off their young daugh- imports, according to experts. massive reliance on a cash based economy, ters to reduce the number of mouths to feed). One significant impact of the increased use making already vulnerable Iranians depend- Iranian girls are at risk of similar develop- of domestically produced gasoline has been a ent on black marketeers for the transfer of ments.’’ Moreover, women’s rights experts noticeable decline in air quality, particu- funds to cover educational, health or other believe that the externally imposed sanc- larly in Tehran. Reports note that Tehran’s legitimate costs. It is also fostering the rise tions will allow conservatives to further air quality, which was already poor, has of informal power structures and contrib- their regressive social agenda by relegating worsened significantly since gasoline im- uting to the lack of accountability and women back to the domestic sphere, limiting ports were sanctioned. Even the New York transparency. Even the Iranian Vice Presi- their access to education and the job market Times report explained the connection be- dent has acknowledged this development, and couching it as an attempt to increase tween the ban on gasoline imports, the push stating, ‘‘in the framework of these sanc- male employment. to use domestically produced gasoline and tions we [the Iranian government] have to Despite significant societal changes, Iran the rapid air quality deterioration: begin negotiations with goods traffickers remains a male dominated culture, rein- ‘‘According to e-mails circulated to indus- near the borders and use them to buy prod- forced by the government’s conservative ide- try experts . . . lran’s new supply of domes- ucts which are included in the sanctions.’’ ology that considers men as the heads of tic gasoline may contain high levels of aro- Not surprisingly many Iranians are left households and primary breadwinners. Pro- matics—more than twice the level permitted questioning if the banking sanctions are in- grams in line with this ideology, seeking to by Iranian law. Burning aromatics in car en- tent on forcing Iran’s rulers to come to the relegate women to the home as wives and gines produces exhaust packed with high negotiating table or if Iranian society and mothers only have been stepped up in recent concentrations of ‘‘floating particles’’ or the country’s infrastructure at large are years. ‘‘particulates’’ that, added to the typical being deliberately targeted and weakened. Indirect and immeasurable consequences of smog caused by nitrous oxides and ozone, The timing of the intensification of sanc- sanctions: stifling women’s education, a key can cause a range of health problems, from tions is particularly questionable. Iranian engine of socio-political change: Women’s rights activists are also wary of the indirect headaches and dizziness to more serious car- observers, notably civil and political activ- impact of sanctions—and the manipulation diac and respiratory complaints.’’’ ists are asking whether sanctions are in fact of the economic hardships by conservatives— In the same year, Mohsen Nariman, MP intent on balancing power in the region in on women’s access to higher education. Edu- from Babol said, ‘‘air pollution is on the rise favor of regimes that ‘‘despite their authori- cated women from middle and traditional at an unusual rate and it seems that one of tarian nature accommodate the west and its working classes across rural and urban the main causes is the substandard gasoline security agenda in the Middle East, at a time areas, among the rich and the poor, have that is being used in Tehran.’’ One news- when revolutions may threaten the existing been the primary engine of socio-political paper, the Hamshahri Daily, reported that security dynamics in the region.’’ change in Iran. The demand for equal rights 310 persons died per day as a result of poor In an interview with Radio Farda, Mehrdad and equal socio-political, economic and cul- air quality in Tehran in the months of Octo- Emadi, Economic Consultant to the EU, tural rights permeates every level of society. ber and November 2011. The cause of death stressed the destructive nature of these sanc- From the outset of the Islamic republic, the included increased respiratory complica- tions, noting: tions, heart attacks and stroke. ‘‘This particular form of sanctioning a na- status of women has been a critical and con- Unprecedented banking sanctions tar- tion has been unprecedented in the history of tentious issue. In 2003, conservatives pro- geting Iranians in all areas of life: The bank- the world. The only similar type of sanc- posed the imposition of quotas to limit wom- ing sanctions that went into effect in Decem- tions, were implemented for a short period of en’s access to higher education and the ber 2011 have also wreaked havoc in people’s time, and were intended to prevent the ille- measures were briefly implemented across lives. The Iranian Rial has almost halved in gal transfer of funds by Qaddafi within the some medical fields in the 2004 national uni- value against the US dollar and other cur- framework of the activities of Libya’s Cen- versity entrance exams. Massive outcry rencies. With memories of the Iran-Iraq war tral Bank. But even during that time, [the among students and women’s rights activists still fresh for many Iranians, across Tehran sanctions] weren’t implemented in this fash- forced the withdrawal of the quotas. Conservatives have not backed down how- and other cities, people, including shop- ion [as we see against Iran’s Central Bank], ever. They continue to argue that when keepers and merchants reacted by hoarding . . . not all the transactions of the Libyan women are more educated than men, tradi- products. Consequently the price of a wide Central Bank were sanctioned and the sanc- tional family values are undermined, as range of goods and products including food- tions focused only on the illegal transfer of women prefer to marry at an older age, seek stuffs rose between 20–100 percent, and con- funds and money laundering . . . [The Ira- similarly educated (or more educated tinues to fluctuate. nian sanctions] are not related to a specific spouses) and have higher expectations. These The knock-on effect is evident in all areas sector or industry nor to business entities or traditionalists also posit that women in the of life. While incomes have not increased, specific individuals. In this framework, all work force take away men’s jobs. Concerns rents have doubled in some areas of the city. monetary transactions, currency trans- about the impact of women being more edu- The price of bread—a staple of the Iranian actions and business credit accounts for im- cated than men have prompted some con- diet especially for the poor—has increased by ports as well as exports and for the coverage servative lawmakers to reinstate quotas lim- some 1500% in the past 2 years, in part due to and payment of insurance, which in every iting women’s participation in higher edu- the removal of state subsidies. The uncer- country falls under the responsibilities of cation. Women and student’s rights activists tainty is causing stagnation for the private the Central Bank of that country, will be believe that during President Ahmadinejad’s sector, while some businessmen point out made illegal in Iran. Iran’s Central Bank will second term the quotas have been introduced that companies affiliated with the state are no longer be able to carry-out these duties, with greater zeal and less accountability. exploiting the situation as they have access because it has now been identified as a cen- They coincide with the intensification of to government exchange rates. Sanctions ter for money laundering. In this framework, sanctions and increased economic hardships. were imposed to prevent a nuclear weapons international corporations, governmental or- As the economic situation worsens, women’s program. Instead, as one commentator notes, ganizations, non-governmental bodies or se- access to higher education, will likely en- the price of manure has risen. curity organizations will no longer be able to Iranian students studying abroad have also dure further limitations. Even school age transfer funds or open credit lines for trade, been impacted seriously. Many are being girls are at risk as economic pressures may using the Central Bank.’’ forced to give up their education as their force families to make choices and opt for In the same interview, Hossein Mansour, a families can no longer afford the tuition. boys’ schooling. This may lead to diminished UK-based economist offered a bleaker anal- Some UK universities are refusing to reg- literacy rates among girls in the near future. ysis, noting, ‘‘the negative impact on Iran’s ister Iranian students because they cannot In effect, the marginalization of women economy, especially in the long run, will prove that they can transfer the necessary from education and employment enables ex- only be addressed with the expenditure of fees. But the sanctions—or the way that treme conservatives to kill many birds with billions of dollars and after several genera- banks and other bodies currently interpret one stone. They prevent a high rate of wom- tions, and will be devastating for the infra- them—make it impossible for most Iranian en’s entry into the public space (via univer- structure of the Iranian economy.’’ students to do so. sities). They eliminate women from the In addition countless Iranians who have 2. WOMEN ARE BEARING THE BRUNT OF THE economy and job market, particularly, high- relatives living in the EU and US and those ECONOMIC AND SOCIAL IMPACT OF SANCTIONS er earning and more influential positions. who travel for medical treatment have be- Women are especially affected by the eco- They sustain and revive the power imbalance come entangled in the vast banking sanc- nomic fall out of the sanctions. They are between women and men, as women will tions net. Thousands have personal bank ac- being pushed out of the job market and bear- have fewer choices in life, limited control of counts and savings in western banks, some ing the brunt of increased unemployment. resources and become (and remain) more dating back decades. Now they are being Women’s rights experts recognize socio-eco- economically dependent on men at greater forced to shut down their accounts and find nomic pattern emerging similar to those in rates than already exist. Ultimately they

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.036 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5574 CONGRESSIONAL RECORD — HOUSE August 1, 2012 may quash the force of women’s demands— cluding human rights and women’s rights ac- economic, social and cultural life of the the next generation’s voices—for progressive tivists, workers unions and journalists spent country. In 2006, when a group of women ini- change in society at large. As one conserv- their childhood or young adulthood at war. tiated the Million Signatures Campaign to ative member of parliament and staunch They have tasted and experienced the impact demand the reform of laws that discriminate supporter of limiting women’s presence in of war and sanctions on a personal level. against women, they immediately faced university has put it: ‘‘when women can’t They are also fierce advocates of inter- state scrutiny and obstruction. The move- travel to far away cities without the permis- national human rights and humanitarian ment thrived however, transcending age, sion of their husbands, their expertise has no norms and ideals. economic, rural, urban and even political impact on improving the situation of the The public outpouring in the aftermath of and religious divisions to draw in a mix of country!’’ the disputed 2009 presidential elections volunteers. Using new and old media, impro- There is also a significant reduction in prompted the state to impose heavy security vised street theater and small group edu- women’s share of the national budget. In the measures against civic actors. But debili- cation and outreach initiatives they raised past for example, housewives received na- tating sanctions coupled with the daily rhet- public awareness about the impact of gender tional insurance, but this has been elimi- oric of war has elevated national security based discriminatory laws and called on peo- nated, while the military budget has doubled concerns and further diminished the state’s ple to sign up and join their campaign in for next year. tolerance of dissent internally. Activists are favor of legal changes. Despite security pres- Downturns in domestic production, in- regularly accused of working in concert with sures the movement elevated issues of gen- creases male unemployment and violence the west to destroy the Islamic Republic. der equality to the national level both politi- against women: There are also more insid- The uncertainty and fear has also affected cally and within wider society. ious effects, difficult to quantify but increas- the public’s receptivity to social activism. It After the summer of 2009, and the mass ingly evident. The sanctions have caused is seen as a secondary issue compared to the post-election protests, women’s rights activ- massive downturns in domestic production. urgent realities of poverty and prospect of ists faced increased restrictions as the space The fledgling private sector is unable to im- war. for dissent became ever more limited. With port the necessary raw materials for manu- The sanctions are having a long-term nega- the rise of sanctions and ratcheting up of the facturing. The banking sanctions are causing tive impact on the source of societal change war rhetoric, these activists are under im- a virtual standstill in imports and exports by in Iran. The urban middle class that has his- mense pressure to become silent and con- legitimate businesses. Even domestic agri- torically played a central role in creating form. Countless social and political activists culture will lose its markets. change and promoting progress in Iran are have been imprisoned and or forced into Meanwhile those with political connec- key casualties of the sanctions regime. Many exile. Students—female and male have been tions are exploiting the situation often by civil society organizations and charities sur- expelled from universities because of their importing cheaper Chinese products. This vive on the basis of voluntary activism and civil activism. Under these circumstances, downward trend in domestic production will support. But facing economic uncertainty, with economic hardships and prospects of give rise to lower wages, increase unemploy- many people are retreating from public vol- yet another devastating war, longterm plan- ment among men and women and ultimately untary work. Even the most committed have ning and the development of sustainable pro- put pressure on families. As evident in other less time, as they are working longer hours grams to maintain the gains already made settings, women will bear the brunt of deal- and often at multiple jobs to meet their eco- and push for basic rights are increasingly ing with their unemployed spouses and the nomic needs. Moreover with private enter- difficult, if not impossible. men of the family within the home. These prise in demise, more people will become de- Women’s Demands: no sanctions, no war, new dynamics are likely to lead to increased pendent on the state and thus unable and talk it out! Despite these pressures, the Ira- incidences of domestic violence and family fearful of engaging in civil activism. Addi- nian women’s movement has not been si- conflicts, as men’s inability to live up to so- tionally, sanctions and in particular the lim- lenced. The call against war, in favor of a ne- cial expectations can lead to depression and itations placed on transfer of funds, has cre- gotiated settlement, and an end to sanctions attacks on women. Reduction in family in- ated serious impediments for charity organi- has become a primary issue for many, de- come inevitably is forcing women to find zations engaged in health and medical serv- spite the risks they incur. They are using new sources of income. Their coping strate- ices, education efforts, support for orphans every opportunity to send their message to gies will likely include cutting back on their and disadvantaged women and children to the world. own health, wellbeing and dietary needs to carry-out their work. Many of these organi- Women’s rights activists now living out- provide for their dependents. As in other zations have ceased their activities. side of Iran draw on international platforms countries, for the most vulnerable, poverty Sanctions are isolating Iranians from to echo the concerns and voices of their will likely lead to risky survival strategies international forums: Beyond the economic counterparts inside the country. Meanwhile, including child labor and sex work—informal impact, civil society, including the women’s despite the risks, women in Iran have not sectors which have expanded in Iran in re- movement in Iran has been further isolated been silenced either. One group, the Mothers cent years. from their international counterparts, as a for Peace, representing different sectors and The most vulnerable are at the greatest result of the sanctions. Security challenges ideologies began its activities in 2008, with risk: Afghan refugee women and children: imposed by their own government already the aim of preventing war and violence in Vulnerable groups, such as Afghan refugees curtail civil society’s ability to attend re- the country and promoting peace regionally. and migrants who have been living in Iran gional and international conferences, work- They, along with other women’s groups, have legally and illegally as a result of decades of shops and other events. But the policies of issued several statements opposing the possi- war and unrest in their own country, are also other governments further complicate their bility of war. Echoing this, in 2011, on the at greater risk. The situation is most severe lives. Visas that Iranian passport holders International Day to Fight Violence Against for Afghan women and children refugees or need to travel internationally, take consid- Women (November 25th), another group of Iranian women married to Afghan men and erable amount of time and resources. The Iranian activists issued their antiwar and vi- their children who do not have identity new banking sanctions have ended the possi- olence statement, noting: cards. The intensification of government bility of financial exchanges, while the fall- ‘‘We a group of women’s rights activists in crackdowns and forced repatriation pro- ing price of the Rial has increased the finan- Iran, are worried about the increasing vio- grams, against Afghans (including their Ira- cial burden for those activists who want to lence against women and children [that is nian wives and children) with illegal status participate in conferences and training op- the result] of the polarized and hostile at- in Iran, has already had a negative impact portunities. Activists, like regular Iranians, mosphere [and] dead-end national and inter- on the livelihood of these groups, but as the cannot use banks to transfer funds for con- national politics of tension and violence. As economy has worsened the hostility they ference participation, hotel reservations, or a result of these policies, violence against face from Iranian society and the govern- to attend courses abroad. Finally, for years women and children infiltrates the deepest ment has also increased. Afghans have been despite state restrictions, activists have used social and political and familial layers of targeted with segregation programs in public the internet as a critical tool for commu- Iranian society.’’ spaces and are facing increased state and nication. But the sanctions policies have led On March 8, 2012, in honor of International other forms of violence, while their access to many large hardware and software manufac- Women’s Day, several activists involved in income and jobs has also been severely lim- turers in the United States to deny services the One Million Signatures Campaign re- ited. Comprising a large percent of those em- and products to Iranians. Thus just when corded video messages opposing war. They ployed in the informal sector as household contact with and solidarity from the outside reject the official narratives that often pose help, street peddlers and in the service indus- world are most needed, Iranians are faced the problems in the terms of good and evil, try Afghan women and children are at risk of with the greatest level of isolation. just and unjust, and call on all sides—includ- facing worsening working conditions and 4. WHAT WOMEN DO: RESILIENCE, COURAGE, ing their own government—to engage in con- abuse in their place of employment. VOICES OF PEACE AND A WINDOW TO THE FU- structive dialogue rather than the rhetoric 3.INDEPENDENT CIVIL SOCIETY AND CIVIC ACTIV- TURE of war and threats. ISM ARE AMONG THE FIRST CASUALTIES OF Women’s rights activists have never had it RECOMMENDATIONS TO THE INTERNATIONAL CURRENT INTERNATIONAL POLICIES easy. They have fought against an assault on COMMUNITY, PARTICULARLY THE US AND EU- Many of the men and women who founded their legal and political rights as well as ROPEAN COUNTRIES and run Iran’s civil rights movements in- their demand for equal opportunities in the Fundamentally rethink policy on Iran:

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.037 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5575 1. End the sanctions policy against Iran. Throughout the EU, US, Canada and Aus- I’m pleased to have contributed to Recognize that sanctions as a general rule tralia there are millions of citizens of Ira- strengthening this sanctions package have a poor record of influencing the behav- nian descent. They have elderly parents and with bipartisan proposals that I intro- ior of states and in many situations have se- relatives living in Iran who visit them regu- duced with Representative DEUTCH verely harming the population at large, par- larly. Visas for relatives should be expedited ticularly vulnerable groups and democratic and offered for longer periods. from Florida, whom we just heard movements. Ninety-nine percent of the cur- 10. Encourage student visas and conference from, that declare the Iranian energy rent sanctions against Iran are too broad to attendance. Student visas and visas for con- sector a ‘‘zone of proliferation con- impact the behavior of the government, in- ference participation should be processed cern,’’ and which will enhance the stead they target the population. more quickly and with less financial burden human rights portion of the bill. 2. Sanctions are not a substitute for war. on applicants. I also want to note the significant they are a step closer to war. Failed sanc- 11. Facilitate free and safe access to the contributions by Senator MARK KIRK, tions will only work to strengthen the posi- internet to help foster independent civil so- who has been a consistent champion tion of those advocating for another war in ciety. Sanctions have severely limited Ira- the region. Resolve to address the differences nian civil society’s safe access to the inter- and leader on the forcefulness of Iran in a mutually respectful manner imme- net including necessary software and hard- sanctions. diately. ware. The international community should I look forward to this legislation’s 3. Recognize that sanctions weaken society help provide this access and limit the impo- passage today and implementation not the state. Iranian society is already wit- sition of sanctions in this sector. with urgency by the administration, nessing the emergence of radical groups. As b 1500 and I look to continue to work with my one women’s rights activist notes, in coun- colleagues in Congress on this issue tries of this region, including Iran, growing Mr. KUCINICH. I yield myself 30 sec- until we can affirm that the Iranian re- gaps between the rich and poor do not make onds. governments vulnerable, rather they make gime is no longer pursuing a nuclear The Senate Banking Committee sum- weapons capability. the population vulnerable to increased marized this bill by saying that it radicalization against the West as a way of I urge adoption of this resolution and coping with humiliation. In border areas, ‘‘aims to prevent Iran from repa- for the immediate implementation by where poverty is severe, we already witness triating any of the revenue from sale of this administration. the increasing influence of terrorist groups. its crude oil, depriving Iran of hard Mr. BERMAN. Mr. Speaker, I’m very If this trend continues we will be faced with currency earnings and funds to run its pleased to yield 11⁄2 minutes to the gen- a weakened Iranian society—at risk of being state budget.’’ tleman who organized the Iran Work- radicalized, with detrimental consequences Spoken plainly, this bill would de- ing Group 7 or 8 years ago to focus con- for regional security in the medium and long stroy the Iranian economy and further term. gressional attention on the looming 4. Recognize that sanctions undermine hurt the Iranian people that we claim threat of a nuclear Iran, my friend women’s security and empowerment. The US to support. Iranians are already suf- from New Jersey (Mr. ANDREWS). and EU have been strong proponents of the fering under stifling sanctions as they (Mr. ANDREWS asked and was given global women, peace and security agenda experience rising food prices and lack permission to revise and extend his re- with the development of priorities and ac- of access to basic medicine. For exam- marks.) tion plans to ensure women’s empowerment. ple, the sanctions against the Iranian Mr. ANDREWS. I thank the chair- But sanctions undermine and contravene banking sector have greatly dimin- lady from Florida and my friend from these policies. The contradictory nature of ished the value of Iranian currency and US and EU rhetoric, policies and actions in- California for recognizing some grave crease the Iranian public’s suspicion about have a negative effect on nearly every and serious points. them, and credence to charges of hypocrisy. aspect of the lives of ordinary Iranians. First, they recognize that on the 11th On negotiations with the Iranian govern- The price of rent, education, and bread of September of 2001, 19 people armed ment: have all increased. with airplane tickets and box cutters 5. Engage Iran on the full range of issues. I reserve the balance of my time. wreaked havoc on the United States of including regional security, economic issues. Ms. ROS-LEHTINEN. Mr. Speaker, I America. They recognize that a group human rights, culture. etc. Incentives, espe- yield 11⁄2 minutes to the gentleman cially those that reduce the hardship of ordi- of people with a small, improvised nu- nary Iranians, should be put forth to encour- from Illinois (Mr. DOLD), an esteemed clear device could wreak havoc far age a peaceful settlement to the disputes of member of the Committee on Financial worse than that on the Mall that the international community with Iran. Services. stands in front of this building or on 6. Call for the inclusion of civil society in Mr. DOLD. I certainly want to thank Times Square. engagement with Iran. Should Iran and the the chairwoman for her leadership on Weapons these days are not just de- international community reach an agree- this very important issue. I also want livered by intercontinental ballistic ment that would allow for negotiations and to thank the ranking member for his dialogue on a wider set of issues, civil soci- missiles; they can be delivered by U- ety, including women’s groups, human rights bipartisan leadership as well. Haul trucks or by other means. This is groups and peace activists, should partici- Mr. Speaker, I believe that a nuclear- the essential threat of Iranian nuclear pate. armed Iran is actually the greatest proliferation to the United States. On immediate steps for redressing the im- threat we have to our own national se- The choice that we face is whether pact of sanctions on ordinary citizens: curity here at home. This issue is not a we should take concerted action to pre- 7. Do not force an entire nation to adopt right versus left issue; this is a right vent that threat or whether we nontransparent means of financial trans- versus wrong issue. shouldn’t. I commend the chairlady actions. Revise the banking sanctions so that ordinary people are not caught in them. Mr. Speaker, this legislation is sig- and my friend from California for Specifically, adopt measures to facilitate the nificant in its seriousness and its choosing to unify this Congress, this transfer of funds by ordinary Iranian citizens scope. By blacklisting virtually all of country with the rest of the world with and Iranians with dual nationality (EU, US, Iran’s energy, banking, and transpor- the proposition that we should present UK etc) for travel, tuition, and medical care, tation sectors, and specifically tar- the Iranian leadership with a choice. If in the case of sale of property, inheritance or geting those who enable Iran’s at- they decide to abandon their nuclear for other personal and familial purposes. tempted evasion of sanctions, this leg- weapons program—which they illicitly Forcing Iranians to move toward a cash islation sends a powerful signal to the concealed for 25 years—if they agree to economy reduces transparency and fosters the growth of shadowy actors. Iranian regime that they should not live under international protocols, 8. Address the adverse healthcare impact of ever question the resolve of the United then the sanctions that have been im- sanctions immediately. Sanctions including States Congress to do what is nec- posed will be lifted and we can move limitations impacting the import of medi- essary to confront Iran’s illicit nuclear forward toward peace and progress. But cines, medical equipment and forced usage of ambitions. if they do not, they will most certainly substandard gasoline are affecting people’s This legislation is the product of bi- suffer the consequences of a deterio- health and lives. These issues should be in- partisan efforts and hard work of many rating economy and problems within vestigated and alleviated immediately with cooperation between the US, European and people, and I certainly appreciate their social structure. Iranian governments. Chairman ROS-LEHTINEN’s and Ranking We have made our choice to stand 9. Help ease and enable visa applications Member BERMAN’s focus to try to get united in favor of these strong sanc- for Iranians seeking to visit relatives. this passed as quickly as possible. tions. We are presenting the Iranians

VerDate Mar 15 2010 03:21 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.038 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5576 CONGRESSIONAL RECORD — HOUSE August 1, 2012 with their choice. Let us hope and pray Mr. KUCINICH. I yield myself 30 sec- all over the world. And unfortunately, they make a choice for peace and re- onds. or the blocking of some vetoes in the newed prosperity. Collectively, the provisions in this United Nations, there would already be Mr. KUCINICH. I yield myself 30 sec- bill move the goalpost from negotia- sanctions in Iran. onds. tions over Iran’s nuclear enrichment So I urge my colleagues to support We went to war against Iraq under program to regime change. I just want this. I think there’s a reason why vir- the assumption they had weapons of to point out that the record of our tually every Member of Congress on mass destruction. Iran doesn’t have country on regime change isn’t all that both sides of the aisle supports it. weapons of mass destruction. good. Yes, we knocked out Saddam Mr. KUCINICH. I yield myself 1 One of the problems with this bill is Hussein under the lie that he had weap- minute. that it effectively states that sanctions ons of mass destruction, and now al These sanctions are hurting ordinary on Iran’s Central Bank would not be Qaeda is all over Iraq. people in Iran. I pointed out earlier, lifted unless there’s a regime change. So, what are we about here? We’re matters like the price of rent, bread— So we’re bringing a whole new dimen- setting the stage for another war where Americans can understand that—edu- sion here. It’s about even more than we syphon the revenue out of this cation, all of these things are increas- nuclear weapons; now we’re talking country, send it to war machines, can’t ing. And these sanctions then directly about regime change, because this res- meet our own needs. Since when does undermine Iran’s civil society by giv- olution creates a new requirement for Iran achieve greater importance than ing the regime a chance to crack down the termination of sanctions that are our own country? That’s what I want even harder on internal dissent. These dependent on the cessation of the Cen- to know. I want somebody to explain sanctions will ensure that those crack- tral Bank’s financing of the Revolu- that to me. downs continue. tionary Guard, and it imposes new re- I reserve the balance of my time. Ordinary Iranians are struggling sim- strictions on the President’s ability to Mr. BERMAN. Mr. Speaker, could I ply to make ends meet under this sanc- waive sanctions. get another indication of the time re- tions regime that already exists. They So, what are we doing here? Setting maining? cannot afford to suspend the time nec- the stage for another war. Regime The SPEAKER pro tempore. The gen- essary to participate in social move- change, and then upping the bar for tleman from California has 41⁄2 minutes ments which provide basic social serv- Iran and essentially laying the ground- remaining; the gentleman from Ohio ices to push for democratic change in work for a conflict. has 3 minutes remaining; the gentle- their country. I reserve the balance of my time. woman from Florida has 30 seconds re- Are these the intended effects that Ms. ROS-LEHTINEN. Mr. Speaker, I maining. we wish to have on the Iranian people reserve the right to close. Mr. BERMAN. In this case, I’m and Iranian Americans? 1 Mr. BERMAN. I’m very pleased to pleased to yield 1 ⁄2 minutes to the And if not, passing this kind of a yield 1 minute to a former member of ranking member of the Western Hemi- broad, indiscriminate sanctions bill the Foreign Affairs Committee, my sphere Subcommittee, a longtime sends the wrong message. If the sanc- friend from Texas (Ms. JACKSON LEE). member and leader on the Foreign Af- tions imposed on Iraq are any prece- Ms. JACKSON LEE of Texas. I thank fairs Committee and a very active leg- dent, we know that sanctions are not the ranking member and the chair- islator on the issue before us today— an effective tool in promoting or sup- woman of this committee for bringing that is, the effort to stop Iran from porting domestic democracy move- us together. getting a nuclear weapon—my friend ments. I don’t like sanctions, Mr. Speaker, from New York (Mr. ENGEL). We also know those sanctions did not but I rise in strong support of this leg- Mr. ENGEL. I thank my friend for prevent an unnecessary and wasteful islation. And when I say that, I under- yielding to me, and I rise in strong sup- war with Iraq. In effect, the expansion stand what sanctions can do to women port of this legislation. of the broad and indiscriminate sanc- I am glad that the Senate and the and children and families. In fact, I’m tions, including this legislation, hurts House finally came together on this reminded of a debate on apartheid and our ability to negotiate with Iran, im- very, very important bill. sanctions in South Africa. That debate poses long-term harm detrimental to was a question of whether you under- b 1510 the Iranian people. mine that nation. But we saw what This bill has very, very strong sup- I reserve the balance of my time. happened with sanctions when we came port, as you can tell, on both sides of Mr. BERMAN. Mr. Speaker, I yield together as a Nation to bring down the the aisle, and the reason it does is be- myself such time as I may consume. I dastardly structure of apartheid. cause Iran has proven itself to be a have no further requests for time. Iran, right now today, can stop this very, very dangerous player. And I’d like to just raise a couple of legislation by shedding itself of all Iran is the leading supporter of ter- the issues that my friends, Mr. PAUL signs of building a nuclear weapon. The rorism in the world. Iran supplies and from Texas and Mr. KUCINICH from regime change is not by war. This bill supports the terrorist group Hezbollah Ohio, have put forth in the context of does not suggest war. It means that in Lebanon. And, in fact, now we see opposition to this bill. voluntarily, by election, their govern- what’s going on in Syria. And if it was This is not the next step to war. This ment can change. But what I believe is not for Iran, Assad would not be able to is the alternative to war. Iran having a most important is that we recognize, continue his brutal ways and his mur- nuclear weapon is unacceptable for having seen that fallen woman bleeding dering of his own people. Right now, as many, many reasons: in the street, that human rights abuses we talk, there are Iranian guards fight- It means the end of the nonprolifera- are massive. They’re massive in their ing on the side of Assad in Syria, and tion regime; influence on Iraq, where they’re influ- Iran chooses to be, and continues to be, It means countries all through that encing the treatment of residents of a rogue nation. part of the world will seek their own Camp Ashraf. That must stop. Iran must not be allowed to have a nuclear weapons; So this legislation is crucial because nuclear weapon. She has lied to the It raises the specter of nuclear weap- it impacts the human rights abuses, it world consistently in talking about her ons being passed on and dirty bombs indicates that there is no giving on a purposes of the weapon, but Iran is not being passed on to terrorists, and there nuclear weapon, and it gives Iran, right fooling anybody. is nothing in the comments of the re- now today, the ability to stop this leg- And so what these sanctions do is gime that could let one relax and think islation and sanctions by owning up to hits at Iran’s oil and natural gas sec- they would never be the first to use eliminating any sign of a nuclear tors, making it very, very difficult for those nuclear weapons. weaponization, treating its people with them to launder money and making it That is unacceptable. Our alter- dignity, and responding to the needs of very, very difficult to continue their natives are either war or finding a dip- the people in Camp Ashraf. repressive ways. lomatic resolution of their nuclear I support the legislation enthu- The world has spoken. This isn’t only weapons program, the end of that pro- siastically. the United States. These are countries gram.

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.062 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5577 They’ve been found, not by the White You know, our postal service is going A strong and warm thanks and big House, not by some Vulcans in foreign into default tonight, a manufactured hug to my good friend Mr. BERMAN— policy, but by the IAEA and the U.N. default, mind it. No debate on the the ranking member—and to his staff, Security Council, over and over again, House floor about this today, but an at- particularly Shanna Winters, Alan to have violated their obligations tempt to manufacture a war with Iran. Makovsky and Ed Rice, as well as mi- under the nonproliferation treaty to What are we about? nority staff director Richard Kessler. which they are a signatory. They don’t I reserve the balance of my time. I would like to thank Senators ratify the additional protocols. They Ms. ROS-LEHTINEN. I continue to MENENDEZ and MARK KIRK and the crit- move ahead with enrichment plants reserve the balance of my time. ical Representatives, DEUTCH, SHERMAN that they don’t need for a peaceful I will retain my time to close, so if and DOLD. weapons program. Mr. KUCINICH could wrap up his part of Let’s stop Iran before it’s too late. They do not have a right to enrich. the debate, we can conclude. Let’s pass this bill. I yield back the You could argue they have a right to a Mr. KUCINICH. Could I ask how balance of my time. nuclear energy program, but not a much time remains? HOUSE OF REPRESENTATIVES, right to enrich. They conceal informa- The SPEAKER pro tempore. The gen- COMMITTEE ON ENERGY AND COMMERCE, tion in violation of their treaty obliga- tleman from Ohio has 1 minute remain- Washington, DC, July 30, 2012. tions. ing. Hon. ILEANA ROS-LEHTINEN, This is, hopefully, the final step, but Mr. KUCINICH. And how much time Chairman, Committee on Foreign Affairs, if not we will have to intensify the does the gentlelady have? Rayburn, Washington, DC. sanctions to achieve that diplomatic The SPEAKER pro tempore. The gen- DEAR CHAIRMAN ROS-LEHTINEN: I write con- program. tlewoman from Florida has 30 seconds cerning the House-Senate negotiations on And Iran is not some bucolic, peace- remaining. H.R. 1905, an Act to strengthen Iran sanc- loving state that has never done any- Mr. KUCINICH. I yield myself 1 tions laws for the purpose of compelling Iran thing against its neighbors. Everyone minute. to abandon its pursuit of nuclear weapons knows that Hezbollah is a direct for- This legislation also requires the and other threatening activities, and for other purposes. I understand the House and eign agent of Iran that gets its funding, President to impose sanctions on those Senate have reached an agreement on provi- its training, and its sponsorship and its who are responsible for or are sions related to an Energy Information Ad- directions from Iran. complicit in certain human rights ministration report on Iran’s natural gas We know what they’ve done to the abuses in Syria, but it fails to acknowl- sector. marines in Lebanon. We’ve known edge that our own country and a num- I wanted to notify you that the Committee what they tried to do to the Saudi Am- ber of our allies are actively partici- on Energy and Commerce will forgo action bassador here in Washington. We know pating and stoking the violence on the on this House-Senate compromise language that in Delhi and in Bulgaria and a ground. Divisions and infighting within so that the bill may proceed expeditiously to number of other capitals around the the House floor for consideration. This is the various militias operating on the done with the understanding that the Com- world, their effort to commit terrorist ground are already occurring. And we acts against Israeli diplomats and mittee is not waiving any of its jurisdiction also read that al Qaeda’s also been in- on this or similar legislation. Israeli citizens. Their record as a state volved in Syria. I would appreciate your response con- sponsor of terror is the largest and So, look, we have to get serious firming this understanding with respect to most impactful in the world. about what America’s purpose is in the this provision of the House-Senate com- They are pursuing a nuclear weapons world. It’s not to be a heavy foot. It’s promise to H.R. 1905, and I ask that a copy of capability. It is our obligation to do not to proliferate wars all over. our exchange of letters on this matter be in- every measure we have to stop them The first thing we have to do is take cluded in the Congressional Record during its consideration on the House floor. from getting that, and we want to do it care of things here at home: jobs for peacefully. This strategy that we are Sincerely, all, health care for all, education for embarked on is an effort to find a way FRED UPTON, all, retirement security for all. When to do this without resorting to war, Chairman. we can do those kinds of things, then and I urge my colleagues to stand we can pretend that we can be the po- HOUSE OF REPRESENTATIVES, strongly behind this bill. liceman of the world. But until we’ve COMMITTEE ON FOREIGN AFFAIRS, This is the alternative. It is the only Washington, DC, July 30, 2012. feasible alternative. Otherwise, we are done that, we don’t have any right to go all around the world trying to tell Hon. FRED UPTON, faced with two very dismal prospects: a Chairman, Committee on Energy and Commerce, military action or an Iran with nuclear people how to live. Rayburn, Washington, DC. weapons and all that means. And we can settle this matter with DEAR CHAIRMAN UPTON: Thank you for I urge an ‘‘aye’’ vote. Iran without war. We can settle it your letter concerning H.R. 1905, an Act to I yield back the balance of my time. through diplomacy. Diplomacy. It strengthen Iran sanctions laws for the pur- Mr. KUCINICH. I yield myself 1 would be real interesting to try it. And pose of compelling Iran to abandon its pur- minute. we ought to support any efforts of the suit of nuclear weapons and other threat- Sanctions are a form of war in this Obama administration to use diplo- ening activities, and for other purposes. case, and it will lead to war. And re- macy here. Let’s not use this political I appreciate your Committee’s decision to member, we’re not talking about— climate to push us into a war. forgo action on the House-Senate com- some time ago we were talking about if promise text so that it may proceed expedi- I yield back the balance of my time. tiously to the House floor. I acknowledge Iran would have a nuclear weapon, but b 1520 that your decision in this case does not rep- then the bar’s been lowered to say nu- Ms. ROS-LEHTINEN. Mr. Speaker, I resent the waiver of any of your jurisdiction clear weapon capability. And now the over this bill or similar legislation. game’s being changed to say not just yield myself the remaining time. I will place a copy of your letter and this nuclear weapon capability, but we I would like to recognize the commit- reply into the Congressional Record during want regime change as well. ment, the dedication and tireless ef- House consideration of the Senate amend- I mean, if this isn’t a prescription for forts of the members of our House For- ment to H.R. 1905. war, then I didn’t participate in the de- eign Affairs Committee family, par- Sincerely, bate in this House of Representatives ticularly of our staff director, Dr. ILEANA ROS-LEHTINEN, in October of 2002 warning this Con- Yleem Poblete, who Ranking Member Chairman. gress, chapter and verse, that Iraq had BERMAN once described as driving a Ms. SCHAKOWSKY. Mr. Speaker, I rise no weapons of mass destruction, no hard bargain. Just ask her hubby, today in support of H.R. 1905, the Iran Threat role with al Qaeda in 9/11, did not have Jason. Also, thanks to Matt Zweig and Reduction and Syria Human Rights Act of any intention or capability of attack- Ari Fridman. 2012. This bill is a critical effort to tighten ing the United States. This is a version Thanks to Chairman JOHNSON of the sanctions against the Tehran regime, and to of that debate all over again. Senate Banking Committee and to his increase pressure to force the government to I mean, come on. What are we doing staff, particularly Colin McGinnis, Pat- abandon its pursuit of nuclear weapons. here? Why is this more important than rick Grant and Steve Kroll, as well as Iran’s nuclear ambitions pose a grave threat our country? Ranking Member SHELBY and his staff. to the United States, to regional stability in the

VerDate Mar 15 2010 03:29 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 9920 E:\CR\FM\K01AU7.065 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5578 CONGRESSIONAL RECORD — HOUSE August 1, 2012 Middle East, and to the entire international set of sanctions to isolate any country in the strengthens measures against those who community. Both President Obama and the world during peacetime. would aid and abet these disturbers of global United States Congress have unequivocally It is imperative that our nation takes all peace. stated that Iran must not be permitted to de- steps necessary to isolate Iran, force them to It also effectively blacklists Iran’s energy velop nuclear weapons. end their dangerous pursuit of nuclear weap- sector and anyone doing business with it. By On his visit to the Middle East this week, ons, and secure that the regime in Teheran preventing Iran from repatriating the proceeds U.S. Defense Secretary Leon Panetta stated will no longer be a threat to peace and pros- from its oil sales, this rogue government will that ‘‘sanctions are having a serious impact in perity in the Middle East. be deprived of 80 percent of its hard currency terms of the economy in Iran.’’ Iran is now Once this legislation is passed and signed earning and half of the funds used to support struggling to conduct international trade, losing into law, virtually all of Iran’s energy, financial, its national budget. markets and trading partners. Its currency has and transportation sectors would be subject to Iran has used many tricks to subvert current lost over half of its value. U.S. sanctions. Companies conducting busi- sanctions—from oil for gold swaps to selling Meanwhile, the administration continues to ness in these industries would face the possi- energy bonds to other trading and bartering expand sanctions against Tehran. Earlier this bility of losing access to U.S. markets. schemes. They have been successful because week, President Obama signed an executive I also applaud the inclusion of sanctions there are governments who care more for order to extend sanctions to anyone, using against human rights abusers in Iran and making profit from doing business in Iran than any method of payment, who purchases Ira- Syria in this legislation. The deplorable actions in preventing threats to world peace. Inter- nian crude oil—preventing Iran from circum- by the political and military leaders in Iran and national efforts to rein in the nuclear ambitions venting sanctions by using bartering and other Syria against their own people must come to of Iran have been stymied particularly by unconventional payment options. It also ex- an immediate halt and deserve global con- China. panded sanctions on buyers of Iranian petro- demnation. Despite expressing formal support for chemical products, and authorized penalties Important allies, such as the European United Nations Security Council sanctions for entities seeking to evade U.S. sanctions. Union, Canada, Australia, Japan, South against Iran since 2005, China has stepped in Also this week, the U.S. Treasury sanctioned Korea, India, and Israel, have joined the where other nations have curtailed trade with the Bank of Kunlun in China and Elaf Islamic American people in enacting sanctions against Iran. China’s Bank of Kunlun and the Elaf Is- Bank in Iraq for providing financial services to Iran. lamic Bank in Iraq have facilitated transactions Iranian banks. It is important that this Chamber say with a worth millions of dollars for Iranian banks al- Today, Congress is acting to further tighten strong, unified voice that we stand with Israel ready under sanctions. Stronger sanctions will the economic noose on the Iranian regime. during these difficult times. make such unsavory alliances more difficult. The bill under consideration today, H.R. 1905, As co-chair of the Democratic Israel Work- This is why the reformulated bill we consider strengthens and expands existing sanctions, ing Group, I call on Members from both sides today is so vital in eliminating to the extent banning any commercial activities with Iran’s of the aisle to vote in support of this bipartisan possible all avenues for Iran’s allies to play oil and natural gas sector, including helping resolution. enabler to its nuclear ambitions and to its pa- Iran ship its oil under the flag of another na- I would also like to take a moment to thank tronage of terrorist operations. tion. This bill increases sanctions targeting en- the President for his leadership on sanctions I want to congratulate House Foreign Affairs tities involved with the Iranian Revolutionary on Iran. Yesterday, President Obama signed Committee Chairman ILEANA ROS-LEHTINEN, Guard Corps and sanctions human rights of- an Executive Order that imposes new sanc- Senate Banking, Housing and Urban Affairs fenders. tions against the Iranian energy and petro- Committee Chairman TIM JOHNSON and other When coupled with existing sanctions, to- chemical sectors, as well as sanctions against members for their hard work in crafting a bi- day’s bill represents the strongest-ever effort those who are providing material support to partisan, bicameral bill that works. to financially isolate Iran. This is critical, be- the National Iranian Oil Company, Naftiran The SPEAKER pro tempore. The cause we must persuade the Tehran govern- Intertrade Company, or the Central Bank of question is on the motion offered by ment to abandon its pursuit of nuclear weap- Iran. These measures will help strengthen the the gentlewoman from Florida (Ms. ons. I strongly support utilizing our entire dip- existing sanctions regime and bring Iran that ROS-LEHTINEN) that the House suspend lomatic and economic arsenal to ensure that much closer to ending its heedless quest for the rules and agree to the resolution, Iran does not develop nuclear weapons. nuclear weapons. H. Res. 750. Today’s bill is a critical step towards in- Mr. SMITH of New Jersey. Mr. Speaker, I The question was taken. creasing pressure on the Iranian government. rise today in strong support of the House The SPEAKER pro tempore. In the I urge my colleagues to join me in strongly amendment to the previous Senate amend- opinion of the Chair, two-thirds being supporting this legislation. ment to H.R. 1905. In his 2002 State of the in the affirmative, the ayes have it. Mr. REED. Mr. Speaker, I rise today to reaf- Union Address, former President George H.W. Ms. ROS-LEHTINEN. Mr. Speaker, firm my support for sanctions to be placed Bush said that Iran was pursuing weapons of on that I demand the yeas and nays. upon Iran. Mahmoud Ahmadinejad and Ali mass destruction and exporting terror. A dec- The yeas and nays were ordered. Khamenei are once again stressing the pro- ade later, Iran’s global threat is greater than The SPEAKER pro tempore. Pursu- liferation of nuclear weapons and ballistic mis- ever. ant to clause 8 of rule XX, further pro- siles within Iran’s borders and we must take We are currently embroiled in a standoff ceedings on this question will be post- swift and strong actions against these meas- with Iran over its pursuit of nuclear capability. poned. ures. We find ourselves on the brink of conflict over f Iran is not just a threat to the United States, potential Iranian armed interference with oil JOB PROTECTION AND RECESSION but to all free countries around the globe. As and other shipments through the Strait of PREVENTION ACT OF 2012 Hormuz and its persistent threats against a country that harbors terrorists, foreign lead- Mr. CAMP. Mr. Speaker, pursuant to Israel. Even prior to 9–11, Hezbollah, sup- ers must stay vigilant and recognize Iran’s House Resolution 747, I call up the bill ported by Iran, was responsible for more practices as a national security concern. (H.R. 8) to extend certain tax relief Lastly, we must stand up against the human American deaths around the world than any provisions enacted in 2001 and 2003, and rights abuses the Iranian regime is supporting. other terrorist organization. Since 2001, Iran for other purposes, and ask for its im- Its citizens have continually been sheltered has embarked on more direct efforts to harm mediate consideration. from outside information and ideas due to American interests as evidenced by last year’s The Clerk read the title of the bill. strict governmental control. We need to inform foiled Iranian-backed assassination plot The SPEAKER pro tempore. Pursu- the regime that the Iranian citizens deserve against the Saudi ambassador to the United ant to House Resolution 747, the bill is the basic human rights as laid out by the States. considered read. United Nations. I am proud to support H.R. The current state of Iranian sanctions clearly The text of the bill is as follows: 1905 and I encourage the President to sign has not worked to reduce Tehran’s threat to H.R. 8 global peace. That’s why we need the en- this into law promptly. Be it enacted by the Senate and House of Rep- Mr. GENE GREEN of Texas. Mr. Speaker, hanced approach this legislation will take in resentatives of the United States of America in I rise in strong support of the conference re- countering efforts by Iran to evade the impact Congress assembled, port to H.R. 1905, the Iran Threat Reduction of international sanctions. H.R. 1905 as SECTION 1. SHORT TITLE. and Syria Human Rights Act of 2012. This bi- amended tightens reporting on countries vio- This Act may be cited as the ‘‘Job Protec- partisan legislation represents the strongest lating sanctions on these countries and tion and Recession Prevention Act of 2012’’.

VerDate Mar 15 2010 03:29 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.034 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5579 SEC. 2. EXTENSION OF 2001 AND 2003 TAX RELIEF. (b) EXTENSION OF ALTERNATIVE MINIMUM prehensive tax reform, and create jobs. (a) EXTENSION OF 2001 TAX RELIEF.— TAX RELIEF FOR NONREFUNDABLE PERSONAL In contrast, my Democrat colleagues (1) IN GENERAL.—Section 901 of the Eco- CREDITS.—Section 26(a)(2) of such Code is have proposed raising taxes. They nomic Growth and Tax Relief Reconciliation amended— claim the tax hike will only affect the Act of 2001 is amended by striking ‘‘Decem- (1) by striking ‘‘during 2000, 2001, 2002, 2003, ber 31, 2012’’ both places it appears and in- 2004, 2005, 2006, 2007, 2008, 2009, 2010, or 2011’’ rich. What they don’t want to tell you serting ‘‘December 31, 2013’’. and inserting ‘‘after 1999 and before 2014’’, is that, in reality, this tax hike will hit (2) EFFECTIVE DATE.—The amendments and nearly 1 million small businesses and made by this section shall take effect as if (2) by striking ‘‘2011’’ in the heading thereof 53 percent of small business income. A included in the enactment of the Economic and inserting ‘‘2013’’. study conducted by Ernst & Young con- Growth and Tax Relief Reconciliation Act of (c) EFFECTIVE DATE.—The amendments cluded that the Democrat tax hike 2001. made by this section shall apply to taxable could lead to the loss of over 700,000 (b) EXTENSION OF 2003 TAX RELIEF.— years beginning after December 31, 2011. jobs. That is the choice the Democrats (1) IN GENERAL.—Section 303 of the Jobs SEC. 5. TREATMENT FOR PAYGO PURPOSES. have made—to raise taxes on families and Growth Tax Relief Reconciliation Act of The budgetary effects of this Act shall not and small businesses and to destroy 2003 is amended by striking ‘‘December 31, be entered on either PAYGO scorecard main- 2012’’ and inserting ‘‘December 31, 2013’’. jobs. tained pursuant to section 4(d) of the Statu- As this chart illustrates, America is (2) EFFECTIVE DATE.—The amendment tory Pay-As-You-Go Act of 2010. made by this section shall take effect as if at a crossroads. The question is: Which included in the enactment of the Jobs and The SPEAKER pro tempore. After 1 path will our country take? The Demo- Growth Tax Relief Reconciliation Act of hour of debate on the bill, it shall be in crats’ path includes tax hikes that will 2003. order to consider the amendment in cause small businesses to lose 700,000 SEC. 3. EXTENSION OF INCREASED SMALL BUSI- the nature of a substitute printed in jobs. The Republicans’ tax reform path NESS EXPENSING. part B of House Report 112–641, if of- will make the Tax Code simpler and (a) DOLLAR LIMITATION.—Section 179(b)(1) fered by the gentleman from Michigan fairer, and it will lead to the creation of the Internal Revenue Code of 1986 is (Mr. LEVIN) or his designee, which shall of more than 1 million jobs in the first amended— be considered read and shall be sepa- year. (1) by striking ‘‘and’’ at the end of subpara- rately debatable for 20 minutes equally graph (C), by redesignating subparagraph (D) What is even worse is that, in their as subparagraph (E), and by inserting after divided and controlled by the pro- quest to raise taxes on the so-called subparagraph (C) the following new subpara- ponent and an opponent. ‘‘wealthy,’’ several of my Democrat graph: The gentleman from Michigan (Mr. colleagues have made it clear that they ‘‘(D) $100,000 in the case of taxable years CAMP) and the gentleman from Michi- are willing to hold low- and middle-in- beginning in 2013, and’’, and gan (Mr. LEVIN) each will control 30 come Americans hostage by threat- (2) by striking ‘‘2012’’ in subparagraph (E) minutes. ening to let all income tax rates rise as (as redesignated by paragraph (1)) and insert- The Chair recognizes the gentleman scheduled at the end of the year if they ing ‘‘2013’’. from Michigan (Mr. CAMP). don’t get their way. These massive and (b) REDUCTION IN LIMITATION.—Section 179(b)(2) of such Code is amended— GENERAL LEAVE imminent tax hikes are part of the fis- (1) by striking ‘‘and’’ at the end of subpara- Mr. CAMP. Mr. Speaker, I ask unani- cal cliff, or ‘‘jobs cliff’’ as I often refer graph (C), by redesignating subparagraph (D) mous consent that all Members have 5 to it, that we face at the end of this as subparagraph (E), and by inserting after legislative days in which to revise and year. The nonpartisan Congressional subparagraph (C) the following new subpara- extend their remarks and to include ex- Budget Office estimates that going graph: traneous material on H.R. 8. over the fiscal cliff could cost America ‘‘(D) $400,000 in the case of taxable years The SPEAKER pro tempore. Is there 2 million to 3 million jobs. This would beginning in 2013, and’’, and be a devastating blow to almost 13 mil- (2) by striking ‘‘2012’’ in subparagraph (E) objection to the request of the gen- (as redesignated by paragraph (1)) and insert- tleman from Michigan? lion Americans who are unemployed, as ing ‘‘2013’’. There was no objection. well as to middle class Americans who (c) APPLICATION OF INFLATION ADJUST- Mr. CAMP. Mr. Speaker, I yield my- have been struggling in the Obama MENT.—Section 179(b)(6)(A) of such Code is self such time as I may consume. economy. amended— I rise today in support of H.R. 8, the Mr. Speaker, the choice, to me, is ob- (1) by striking ‘‘calendar year 2012, the Job Protection and Recession Preven- vious. Let’s pass this bill. Let’s work $125,000 and $500,000 amounts in paragraphs tion Act. In doing so, I and my fellow toward comprehensive tax reform that (1)(C) and (2)(C)’’ in the matter preceding Republican House colleagues have creates a simpler, fairer Tax Code for clause (i) and inserting ‘‘calendar year 2013, all Americans and, most importantly, the $100,000 and $400,000 amounts in para- made an important choice—the choice graphs (1)(D) and (2)(D)’’, and to focus on job creation. Unfortu- that creates the jobs that we so badly (2) by striking ‘‘calendar year 2006’’ in nately, my colleagues on the other side need. clause (ii) and inserting ‘‘calendar year of the aisle who oppose this important I urge my colleagues on the other 2002’’. piece of legislation have made a dif- side of the aisle to reconsider their (d) COMPUTER SOFTWARE.—Section ferent choice—the choice to focus on choice to increase taxes and destroy 179(d)(1)(A)(ii) of such Code is amended by tax hikes that destroy jobs. over 700,000 jobs. Now is not the time to striking ‘‘2013’’ and inserting ‘‘2014’’. dig the hole we are in any deeper. In- (e) SPECIAL RULE FOR REVOCATION OF ELEC- The Job Protection and Recession Prevention Act stops the tax hike we stead, Democrats should take the ad- TIONS.—Section 179(c)(2) of such Code is vice of people like President Bill Clin- amended by striking ‘‘2013’’ and inserting face at the end of the year and provides ‘‘2014’’. a 1-year extension of the low tax poli- ton and former economic adviser to (f) EFFECTIVE DATE.—The amendments cies originally enacted in 2001 and 2003 President Obama, Larry Summers, and made by this section shall apply to taxable and then extended again in 2010. The join Republicans to stop the tax hike, years beginning after December 31, 2012. 2010 bill was supported by 85 current work to strengthen our economy, and SEC. 4. EXTENSION OF ALTERNATIVE MINIMUM House Democrats, 40 current Senate get our country back on track. TAX RELIEF FOR INDIVIDUALS. I reserve the balance of my time. Democrats, and President Obama. (a) EXTENSION OF INCREASED ALTERNATIVE Mr. LEVIN. Mr. Speaker, I yield my- Importantly, this legislation allows MINIMUM TAX EXEMPTION AMOUNT.—Section self such time as I may consume. 55(d)(1) of the Internal Revenue Code of 1986 Congress time to pass and enact com- There is a choice to be made here, is amended— prehensive tax reform without causing and it isn’t what the chairman has put (1) by striking ‘‘$72,450’’ and all that fol- undue harm to our fragile economy. forth for one second. Everyone in this lows through ‘‘2011’’ in subparagraph (A) and Economists have noted that com- body agrees that we should extend the inserting ‘‘$78,750 in the case of taxable years prehensive tax reform, when paired beginning in 2012 and $79,850 in the case of middle class tax cut. The Senate passed with appropriate government spending a bill that does just that. The Presi- taxable years beginning in 2013’’, and cuts, could lead to the creation of 1 (2) by striking ‘‘$47,450’’ and all that fol- dent is ready to sign it this week. million American jobs in the first year lows through ‘‘2011’’ in subparagraph (B) and b 1530 inserting ‘‘$50,600 in the case of taxable years alone. beginning in 2012 and $51,150 in the case of The choice Republicans have made is The middle class families of this taxable years beginning in 2013’’. to pass this bill, work toward com- country need certainty, not some

VerDate Mar 15 2010 03:29 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.033 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5580 CONGRESSIONAL RECORD — HOUSE August 1, 2012 vague promises about something to be for seniors living on fixed incomes, the If Republicans agree and Democrats done in the future. The question is: If return of the infamous marriage pen- agree and liberals and conservatives everybody agrees that we should con- alty for working families, and the al- and even Tea Party people agree that tinue the middle class tax cut, why ternative minimum tax, ensnaring these people who work hard every day don’t we come together? The answer is middle-income taxpayers. should continue to have this tax cut, this: The Senate bill continues all of An average family of four with an in- then why the heck don’t we agree to the tax cuts for every American house- come of $50,000 could see a tax increase give it to them? If it ever becomes that hold on their first $250,000 of income; of almost $2,200 a year. The President we’re in a political debate, and it’s 114 million families would see their tax says he wants to stop the midnight tax only about less than 2 percent of 100 cuts extended in full; 97 percent of hike for some taxpayers, but not all. percent, then let’s fight like the devil small businesses would keep all of their He claims that he merely wants the over that and see who prevails. But it’s tax cuts, according to the Joint Tax- wealthy to pay more. The truth is that not going to be hard for us to explain ation Committee. Why don’t the Re- his tax increase proposal would espe- this. If you do this to the hardworking publicans join us in acting? cially hit small business owners. As American people, shame on you. I think the answer is clear. This someone who comes from a small busi- b 1540 chart shows it. They’re insistent. Their ness background myself, I understand priority is cutting taxes for the very that many small businesses pay taxes Mr. CAMP. I yield 3 minutes to the wealthy. They want to give households as individuals. Their income includes gentleman from Illinois (Mr. ROSKAM), that earn more than $1 million a year money that they reinvest in the busi- a distinguished member of the Ways a tax cut on average of $160,000. This ness to expand and hire more workers. and Means Committee. chart shows it. What we have here for A big tax increase could harm the very Mr. ROSKAM. I thank the gentleman middle class families, $2,200; for the businesses we are relying on to create for yielding. very wealthy, $160,000. That’s over 70 more jobs. In fact, a new study by I would like to pause and just listen times more of a tax cut for million- Ernst & Young suggests that the Presi- and think through a couple of the argu- aires than for typical families. What dent’s tax proposal would cost more ments that we’ve been hearing over the makes it worse, if possible, is it would than 700,000 American jobs. past couple of weeks from our friends add $49 billion to the deficit. Mr. Speaker, what lane will you on the other side of the aisle and from This Republican bill also would raise choose? I urge the House to pass H.R. 8 the President of the United States, and taxes on 25 million families. Those who and prevent a tax hike for all Ameri- one is that people should pay their fair benefited from the EITC, the child tax cans. share. Now, that’s an interesting argu- credit, and a higher education tax cred- Mr. LEVIN. Mr. Speaker, I yield my- ment, Mr. Speaker, and let’s look at it, that they would eliminate alto- self 10 seconds. that a little bit closer. gether. It’s still worse. The bill we’re When you look at Mr. HERGER’s dis- So, if the President’s will were to going to discuss tomorrow, the so- trict, he’s standing up to protect 180 prevail on this, in other words, if this called ‘‘tax reform,’’ essentially would people who have income over $1 mil- tax hike goes into place, then the top provide someone earning more than $1 lion, sacrificing a middle-income tax tax rate for some small businesses million a $331,000 tax cut. cut for 285,000. would be over 44 percent. Now, contrast This debate is not about tax reform. I now yield 2 minutes to the very dis- that to the top tax rate that President It’s about whether or not we protect tinguished former chairman and a gen- Obama is proposing, which would be 28 the very wealthy at all costs—at all tleman from New York (Mr. RANGEL). percent. costs at the expense of middle-income Mr. RANGEL. Mr. Chairman, I’ve All afternoon you are going to hear a families, and everybody except the never been so fortunate in this House lot of things go back and forth, but you very wealthy. This talk about 700,000 to have the Republicans state the argu- won’t hear anyone contradict those jobs being lost, that study was financed ment as clearly as they have this after- numbers and that disparity, Mr. Speak- by special interest friends, and it’s noon, and I think WALLY HERGER said er, because they are true. There is no been discredited by every fact checker. it. It is possible that we’re not talking sense in telling corporations, You get a They’re talking about 70 times more about a tax cut. People working every 28 percent rate, and the top rate for for the millionaire than for middle-in- day trying to make ends meet, they small business is 44 percent. There’s come families on average, when in 2010, don’t know the wonderful tax cut that nothing fair about that. 93 percent of income growth went to they are enjoying, but you bet your life All right. Well, let’s look at another the top 1 percent of wealthy house- if we don’t come together, if we don’t argument. holds. And they come here and say that reach agreement, they’ll understand Another argument is that this some- their first priority is protecting the what a tax hike is. That’s exactly how closes a budget gap and this is def- very wealthy. what’s going to happen to 98 percent of icit reduction, and we’re all about def- This isn’t about tax reform. We need the tax-paying people of this great icit reduction and let’s have at it. Well, to work on this. This is about whether country. a little secret on the deficit reduction the first priority of the Republicans is Taxpayers, who work every day, who is, at best, the most generous estimate protecting the very wealthy, holding raise their families, who buy from the is this would take care of—what?— hostage middle-income families. Let local merchants that keep small busi- maybe 7, 8, 9, 10 days of spending, the middle-income family hostages be ness alive, are going to find out, prob- maybe. But who would pay the cost for released. Join together for what every- ably too late, that the Republican that? I’ll tell you who pays the cost for body says they’re for. Let’s pass today Party says you don’t deserve the lower that. The job creators and the people our substitute and give a middle-in- tax rate. Then they may ask: What’s that are looking for jobs right now, Mr. come tax cut to everybody, including holding this up if everyone agrees that Speaker, according to Ernst & Young 97 percent of small businesses. they should have it? and others that have looked at this. With that, I reserve the balance of We’re going to have to explain to the Some estimates are that it would cost my time. middle class what the Republicans are 700,000 jobs. Mr. CAMP. At this time, I yield 2 explaining to us: that somehow we are Now, I know nobody that is willing to minutes to the distinguished chairman to believe that less than 2 percent of say, You know what? We’ve just got of the Health Subcommittee, the gen- the population is creating the jobs and too many jobs. Let’s just thin the herd. tleman from California (Mr. HERGER). really supporting the economy. I don’t There are too many people working. Mr. HERGER. Mr. Speaker, this know where they’ve been or how Let’s thin the herd. There are too House must act to stop the midnight they’re going to come back, but they many people working. And let’s do it tax hike that threatens to hit all haven’t been creating jobs, and they because of Democratic dogma. American taxpayers on December 31. haven’t been spending and investing We have got leading Democrats on This midnight menace includes a 50 money. Even if there was a con- the other side of the rotunda who have percent cut in the value of the child troversy, why the heck are we holding said, Let’s embrace the fiscal cliff. tax credit, higher taxes on dividends hostage 98 percent of the people? Let’s just grab onto the dogma and go

VerDate Mar 15 2010 03:29 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.073 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5581 right off the cliff, regardless of the out- The SPEAKER pro tempore. The tunity for the strongest economy in come. time of the gentleman has expired. the world. It’s a clear choice. Well, you know what? That’s ridicu- Mr. LEVIN. I yield the gentleman an Mr. LEVIN. I now yield 2 minutes to lous. additional 15 seconds. the gentleman from the great State of And we have an opportunity here to Mr. BLUMENAUER. That’s what is New Jersey (Mr. PASCRELL), another make some certainty to move to the at stake here. member of our committee. next year—not to move to the next I would suggest that we take what we Mr. PASCRELL. I thank the ranking year just for the sake of another year, ought to be able to agree on, the 98 per- member. but to move to next year to fundamen- cent of this tax reduction, agree on Mr. Speaker, this bill makes it as tally reform our tax system, to create that, not punt, give some real cer- clear as day just what the priorities of a more competitive Tax Code that is tainty, and then have an honest debate the majority are. Instead of working broad and fair and wise and well about their proposal to increase taxes with us to shift the tax burden away thought out and that does what—that on the middle class at the expense of from the middle class—who haven’t creates the most competitive Tax Code being able to provide for the richest of gotten a raise in a long time—and in the world right here in the United Americans. Let’s have that debate. small businesses, this bill does the States. Mr. Speaker, it could be great. Let’s not hold people hostage in the exact opposite. We could have a great Tax Code, but short term. And for you to continue to say that what we’ve got to do is create a year of Mr. CAMP. At this time, Mr. Speak- this is going to be a burden across the certainty to move forward. er, I yield 2 minutes to the gentleman board on small businesses is delusional. I urge passage of this. from Texas (Mr. BRADY), the distin- Ninety-seven percent of small busi- Mr. LEVIN. I yield myself 15 seconds. guished chairman of the Trade Sub- You know, it’s ironical that the gen- nesses won’t be affected by our bill. committee. To the antitax crusaders, this bill tleman from Illinois minimizes adding Mr. BRADY of Texas. Mr. Speaker, I $50 billion to the deficit over 10 years, will raise taxes on the middle class— appreciate Chairman CAMP’s leadership if continued, which is your policy, con- your bill—and working poor—your on this important jobs issue. bill—by an average of $1,000. In New tinued the high income. A trillion dol- For America, this recovery is the lars, that’s something you just shrug Jersey, this bill will make 3.2 million weakest since World War II. It’s dead middle class and working poor families your shoulders at? last. Millions of Americans can’t find I now yield 2 minutes to the gen- pay more taxes so that 231,400 million- work. Millions of Americans have tleman from Oregon, EARL BLU- aires can get a bigger tax cut. given up looking for work. Businesses MENAUER, another distinguished mem- b 1550 ber of our committee. along Main Street are struggling. Busi- It’s as simple as that. You can shake Mr. BLUMENAUER. It is an inter- ness confidence is down. Consumer con- your head all you want; those are the esting question: Which lane are we fidence is down. This economy is not going to choose? working, but yet the President has a facts. This bill would add almost $1 The study that has been offered by plan. He gave it to us a couple of weeks trillion more to the deficit than the our friends on the other side of the ago. He said, I want to raise taxes on Democratic bill. My Lord, I don’t hear aisle is bogus, and I invite people to ac- small businesses and professionals. you talk about that. I don’t hear you tually look at it and look at the cri- But here is the cost in real terms for say that. I wonder why? Just so that 0.3 tiques that have been offered up. our economy: 700,000 more Americans percent of the taxpayers can get an av- But we’ve had a real-life experiment will be kicked to the unemployment erage tax cut of over $74,000? because these tax rates that are being line; the economy will grow slower, in At least the last time the Repub- talked about were exactly what we had fact, it will shrink; paychecks will licans took this shortsighted, trickle- in the Clinton years, at which time shrink; there will be less investment in down approach, we had a $5.6 trillion some of our good friends on the other America. surplus, thanks to Bill Clinton. In 2008, side of the aisle predicted calamity, job What kind of plan is that for a recov- we were $11 trillion, over $11 trillion in loss, and that the economy would ery? debt. We quite simply can’t afford to crash. What, in fact, happened is that And also, seniors are going to write gives millionaires another tax break we created 22 million jobs. more checks in capital gains and divi- and make our children and our grand- What has happened is that, when dends to Uncle Sam, the dividends they children foot the bill. they had a chance to experiment with live on. Small businesses will be able The proof is in the pudding. In 2000, their vision in the Bush years, where to expand less often because of this. when we first tried this supply side they put in place these tax reductions, Republicans think there is a different voodoo, unemployment was 4.2 percent. if they would have worked, what would choice for America’s economy. We By 2008, it had doubled. have happened? Did employment even want to stop the tax hikes. We want to The SPEAKER pro tempore. The match what happened in the Clinton grow this economy by 1 million new time of the gentleman has expired. years? No. In fact, it was less than 5 jobs. We want to make sure that when Mr. LEVIN. I yield the gentleman an percent of what happened in the 8 years you, as a senior, save your whole life, additional 15 seconds. of Bill Clinton. you invest in dividends in a home and Mr. PASCRELL. To those Members In fact, the Obama administration— land, that you keep it to survive in concerned with tax fairness: today, after the first few months when it was your retirement years. We want to wealth concentrated with the top 1 per- in office and could be credited with re- make sure the death tax doesn’t come cent is at the same level as the period sponsibility for the economy—has pro- back to life. immediately preceding the Great De- duced more private sector jobs than Think about this: You work your pression. So you shrunk the middle the entire Bush administration in 8 whole life to build a family-owned farm class with your great economic ideas years. The job loss that’s gone negative or business, and when you die, Uncle between 2001 and 2008, and what you did has been slashing in the public sector, Sam swoops in and takes more than was made the rich richer. I salute you primarily teachers and firefighters and half of everything you’ve worked a life- if that’s what you think America is police officers at the State and local time to earn. about. We are all job creators, not just levels. That’s the choice between the Repub- the rich. Mr. Speaker, the strategy here is to lican plan to stop the tax hikes and Mr. CAMP. At this time, Mr. Speak- continue punting. My Republican grow this economy and the President’s er, I yield 1 minute to the distin- friends are punting on the farm bill. plan to raise taxes and hurt this econ- guished gentleman from Ohio (Mr. My Republican friends are punting on omy. It is a clear choice. The House is BOEHNER), the Speaker of the House. SGR. They are now proposing a budget going to act. And more importantly, Mr. BOEHNER. I thank my friend for solution that gets us past the election we’re going to make sure America has yielding, and remind my colleagues because they can’t face up to their own the best tax system in the world again that for the last 18 months when we’ve Tea Party extremists, and they’re so that we can compete and win so that been in the majority, we have focused split. our kids and grandkids have the oppor- on jobs. Now, the American people are

VerDate Mar 15 2010 03:29 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.075 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5582 CONGRESSIONAL RECORD — HOUSE August 1, 2012 still asking the question: where are the force because it fails to address one of failed stimulus bill that was promised jobs? And that’s why we’ve got over 30 the most penalizing parts of our Tax to create unemployment of under 8 per- jobs bills now pending over in the Code. cent. Frankly, it’s never been there. United States Senate. And after today, I believe that the proposal that my For 40 months, we’ve been over 8 per- we’ll have another bill sitting over in colleague Mr. CAMP and his committee cent. These are spending items that the Senate that will help create more have brought forward is a reasonable, were failed, that failed in the stimulus jobs in America. responsible approach, and I would urge program. That program did not work. Two years ago, the President said we its passage. At this time, I yield 2 minutes to the shouldn’t raise taxes in this time of a Mr. LEVIN. I yield myself 15 seconds. distinguished member of the Ways and slow economy. I agreed with the Presi- Look, no one here should distort the Means Committee, the gentleman from dent. The Congress agreed with the facts. From Joint Tax: 97 percent of Louisiana, Dr. BOUSTANY. President. All of the Republicans and small business people would keep all of Mr. BOUSTANY. Mr. Speaker, I rise 119 Democrats voted to extend all of their tax cuts. And in the Speaker’s in support of this very important legis- the current tax rates. And here we are district, there are 144 people with in- lation. some 18 months later, economic growth come over a million, compared to the The administration and congres- is actually slower than it was when 300,000-plus. He’s sacrificing the middle sional Democrats seek to raise taxes on President Obama made those remarks, class for a few with over a million dol- America’s families, small businesses, and yet the President wants to go out lars. and job creators. There’s a very clear and raise the taxes on the so-called I now have the pleasure of yielding 2 choice here: either we can let small rich. minutes to the very distinguished gen- business owners, the job creators, Well, let me tell you who the so- tleman from South Carolina (Mr. CLY- America’s entrepreneurs, create jobs, called rich are. About a million of BURN). or we can follow the path they’re advo- those people who you want to increase Mr. CLYBURN. Mr. Speaker, I thank cating over here and tax small busi- taxes on are small business owners, Mr. LEVIN for yielding me this time, nesses. small business owners who pay their and for his leadership on this very im- I stand in strong support of creating business taxes through their personal portant issue, and I rise in strong oppo- American jobs. Over 940,000 business tax return. I know all about this. I used sition to this legislation. owners will see higher taxes if the to be one of them. I had a subchapter S South Carolina, my home State, is President and Washington Democrats corporation, and whatever the com- home to many military installations— are allowed to raise the top two rates. pany’s so-called profits were, I had to Fort Jackson in Columbia; Shaw Air This means over half—over half—of our pay taxes on those, whether I actually Force Base and the 3rd Army Head- Nation’s small businesses will see high- got the money or not. quarters in Sumter; the Joint Air Base er taxes at a cost of over 700,000 fewer So when you look at what the Presi- in Charleston; Parris Island; and the jobs for Americans—over 700,000 fewer dent wants to do, you want to tax a Marine Air Station in Beaufort. I jobs for Americans. million small business owners. Ernst & proudly work to represent these mili- Allowing these tax cuts to expire will Young has come out and made it clear tary communities, and I oppose H.R. 8 hurt middle class families. If we pass that if you do this, 750,000 jobs are because of the hurt it would visit upon this, the average taxpayer in my State going to be destroyed, at a time when middle-income and military families. of Louisiana will see tax relief of al- the American people are asking: where A new report out today by the Center most, on the average, about $1,800. The are the jobs? for American Progress documents the average family of four earning $50,000 It’s time to put the rhetoric aside. harsh impact that H.R. 8 would have on per year can face tax increases of over It’s time to put the politics aside. I many military families. For example, a $2,200 per family if these cuts expire. A know we’re in an election year, but my private in the United States Army in single parent earning $36,000 per year goodness, raising taxes at this point in his first year of service who is married could see tax increases of $1,100 if these this economy is a very big mistake. Ex- with an infant child would have a $273 provisions expire. tend all of the current tax rates, which increase under H.R. 8. That’s real Mr. Speaker, this administration our bill does, for 1 year, so we’ve got money to a young soldier. continues its assault on the American time to revise our Tax Code. Lower A marine corporal with 4 years of family and American businesses with rates, fairer rates for all Americans, service who is married with two chil- its tax-and-spend policies. Our country which is what needs to happen if we’re dren would see a tax increase of $448 can’t afford it. Certainly, America’s truly going to make America more under H.R. 8. That family is already families and businesses can’t afford it. competitive. Put more Americans back struggling to make ends meet. What we need is this: a 1-year exten- to work. And bring some of those jobs And finally, Mr. Speaker, a military sion to allow us to move forward with that have been shipped overseas back police sergeant in the Air Force with 8 a real comprehensive approach to tax home. We all know that we need to re- years service, a spouse, and three reform. vise our Tax Code and reform it from young children would get a whopping We have a real opportunity to do top to bottom. But that’s not going to tax increase of $1,118 under H.R. 8. what’s right for America, to promote happen overnight. So extending all of Mr. Speaker, these are just three ex- American competitiveness. This is the these rates for 1 year will provide cer- amples of how the Republican bill moment. Let’s seize it. Let’s do it. We tainty. Certainty for whom? Certainty would negatively impact our military need to take this step today to get us for small business owners, people who families. The Senate has passed a mid- where we can move to that next step, can make decisions about what they dle class tax cut, and the President has that next point. want to invest in terms of new plant, told us he will sign it. The only thing So I urge my colleagues on both sides new equipment, whether they want to standing between the middle income of the aisle, let’s quit dilly-dallying hire new employees. This is the most and their tax cut is the Republican around with this. Let’s show some commonsense thing that we can do, leadership in this House. leadership for the American people. and there’s no reason that we Mr. Speaker, it is time that we come They want us to step up and be leaders shouldn’t. together and extend to the middle class and solve these problems. Let’s step up When we look at the proposal coming in this society an income tax cut that and be leaders. Let’s extend these pro- from our colleagues across the aisle, it is fair, that will create jobs, that will visions and move forward with a 21st raises taxes on dividends. Probably not offer security to families and stability century Tax Code. a smart thing to do. When you look at to communities. I urge a vote against Mr. LEVIN. I now yield 2 minutes to senior citizens, many of them who de- this bill. the very distinguished member of our pend on their dividend income, they’re committee, Mr. CROWLEY, from the going to get whacked by your proposal. b 1600 great State of New York. And under your proposal, not only do Mr. CAMP. I yield myself 15 seconds. Mr. CROWLEY. I thank my good we tax small business people, but, oh, I would just say that the gentleman’s friend from Michigan for yielding me yeah, the death tax comes back in full remarks refer to the stimulus bill, a this time.

VerDate Mar 15 2010 04:07 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.077 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5583 I rise in strong opposition to H.R. 8. The sentiment that was echoed tainty to the middle class that their The reason I oppose this bill is because throughout that entire conversation taxes are not going to go up next year. this bill will impose taxes on hundreds was that Washington should not be But instead of doing so, what are we of thousands of U.S. military families, raising taxes when our economy is still doing today, once again? We are having our heroes. That’s right, of the mil- struggling to recover. an argument about what to do for that lions facing a tax hike, hundreds of These job creators understand all too top 2 percent of income earners in thousands are U.S. military families. well what our country is facing as we America whom our Republican friends Let’s call this bill what it is, the ‘‘Re- approach, on January 1, this tax cliff, can never seem to do quite enough for. publicans’ Tax Hike on Our Heroes this fiscal cliff and this jobs cliff. The Even more troubling, this tax pack- Act.’’ message from all of these entre- age ends President Obama’s tax cuts Now, I know those on the other side preneurs was simple: Job creators and that make college more affordable and of the aisle will come down here one by business leaders alike were saying, help working families with children. So one and claim they are extending tax very directly, stop the tax hike. not only are we attempting, with their cuts for everyone, but you’re extending Studies have shown that this loom- package today and proposal, to hold cuts for people earning over $1 million ing tax hike would negatively impact the middle class hostage to extending a year and raising taxes on families half of all small business income, a loss tax cuts for the wealthiest, but they earning under $45,000 a year. This bill of 700,000 jobs, potentially, and 14,500 of want to raise taxes on 25 million fami- scales back tax breaks put in place by those jobs are in my home State of lies, with an average increase of $1,000. President Obama and directly aimed at Minnesota, Mr. Speaker. But if we ex- The SPEAKER pro tempore. The benefiting working families. tend these rates and we move toward time of the gentleman has expired. Let’s take a moment to put a face on tax reform, we can have a positive im- Mr. LEVIN. I yield the gentleman an the 25 million Americans whose taxes pact on our economy of 1 million new additional 15 seconds. will go up, including hundreds of thou- jobs. Mr. NEAL. We need to extend the sands of U.S. military families. Mr. Speaker, the choice is clear. With child tax credit and the earned income If you’re an Air Force Staff Sergeant the national unemployment rate of tax credit, and that’s what we should with 8 years of service, a spouse and over 8 percent for 41 consecutive be doing today for middle income three young children here stateside at months, we must stop the tax hike. Americans and provide them with some home, the Republicans’ Tax Hike on Mr. LEVIN. I yield myself 15 seconds. sense of security and support. Our Heroes Act will raise their taxes Look, I want to repeat, Joint Tax And, my God, can we do any more to by $1,100. A new recruit, a private in says 97 percent of small businesses help the wealthy in America than what the U.S. Army in their first year of would keep all of their tax cuts. And in our Republican friends have done? service earning a little over $18,000 a Mr. PAULSEN’s district, there are 1,345 b 1610 year—$18,000 a year, men and women people with income over 1 million com- on the front line defending our free- pared with over 325,000 households. Mr. CAMP. At this time I yield 1 dom—if they’re married with an infant That’s the equation at stake here. minute to a distinguished member of child at home, they will see an increase That’s the equation. the Ways and Means Committee, the under this bill of $273, a tax increase I now have a real pleasure to yield 2 gentleman from Texas (Mr. MARCH- under the Republicans’ Tax Hike on minutes to the very active gentleman ANT). Our Heroes Act. from Massachusetts (Mr. NEAL). Mr. MARCHANT. Mr. Speaker, I rise It begs the question, how are my col- (Mr. NEAL asked and was given per- today in strong support of the Job Pro- leagues who represent Fort Hamilton mission to revise and extend his re- tection and Recession Prevention Act in Brooklyn going to vote on the Re- marks.) of 2012. publicans’ Tax Hike on Our Heroes Mr. NEAL. There’s one indisputable Businesses in my district in Texas Act? Are you going to stand with your fact in this debate today, and that is and across the country are reluctant to military family constituents or with that the Bush tax cuts used borrowed hire and make investments due to an the 2 percent? money. uncertain economy and an impasse The SPEAKER pro tempore. The How much sense did that make to over taxes. This bill is a thoughtful time of the gentleman has expired. borrow the money to give tax cuts to step to bolster our economy and bridge Mr. LEVIN. I yield the gentleman an the wealthiest people in America, the the gap to tax simplification. This bill additional 15 seconds. top 2 percent? The argument at the provides a serious game plan and a Mr. CROWLEY. How are my col- time was simple, that we should give timetable that shows the American leagues who represent Fort Dix in New tax cuts to the people at the top be- economy how to move forward. Jersey going to vote on the Repub- cause they create jobs for the people in If we don’t act, the looming tax hike licans’ Tax on Our Heroes Act? My col- the middle and at the bottom. Fact: could destroy an estimated 700,000 jobs, leagues who represent Fort Bragg in the slowest economic growth at any according to an Ernst & Young study. North Carolina? Fort Detrick in Mary- time since Herbert Hoover was Presi- And it’s no surprise, then, that the In- land? Fort Monroe in Virginia? Rock dent of the United States. stitute of International Finance said Island Arsenal in Illinois? Beale Air The argument, or the assault on the there was a strong case to extend lower Force Base in California? Clinton Presidency was that he raised Bush-era taxes due to expire at the end Today, the choice is clear. Stand taxes of the top bracket, 39.6 percent— of the year in order to avert a fiscal with Democrats and the President who 22 million jobs; the greatest economic cliff. have put forward a plan that simply growth spurt in the history of America; I’m proud to support—and urge my asks America’s wealthiest to support a reminder to our friends, an unem- colleagues to support—this bill that this great land. ployment rate of 3.8 percent. helps U.S. job creators and gives busi- Mr. CAMP. At this time, I yield 1 So borrow the money during the nesses more confidence to put Ameri- minute to a distinguished member of Bush years for tax cuts so that we can cans and Texans back to work. the Ways and Means Committee, the give the wealthy—and, my goodness, Mr. LEVIN. Could the Speaker indi- gentleman from Minnesota (Mr. PAUL- what a ride they’ve had for these 12 cate how much time there is on each SEN). years. It is unbelievable when you look side? Mr. PAULSEN. Mr. Speaker, I thank at what those rate cuts did to people at The SPEAKER pro tempore. The gen- the chairman for yielding. the top. tleman from Michigan (Mr. LEVIN) has Mr. Speaker, last week, I took part We have a responsibility here to pro- 11 minutes remaining. The gentleman in a roundtable conversation in my dis- tect the middle class from a big tax from Michigan (Mr. CAMP) has 133⁄4 trict with over 20 small business lead- hike next year. Last week, the Senate minutes remaining. ers. They discussed the devastating im- passed a bill that would extend tax Mr. LEVIN. I reserve the balance of pact that these looming tax hikes cuts for 98 percent of the American my time. would have on job creation, not only people, the middle class, and now it’s Mr. CAMP. Mr. Speaker, at this time across the country, but in Minnesota. up to the House to provide some cer- I yield 2 minutes to a distinguished

VerDate Mar 15 2010 04:07 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.079 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5584 CONGRESSIONAL RECORD — HOUSE August 1, 2012 member of the Ways and Means Com- same thing over and over again and ex- die. If we do nothing, the death tax in- mittee, the gentleman from Nebraska pecting different results. Eleven years creases to 55 percent. We pay tax when (Mr. SMITH). after the Bush tax breaks became law we earn the income; we pay when we Mr. SMITH of Nebraska. Mr. Speak- and drove us deeper into deficits, let’s invest our income; and we pay again er, I rise in favor of the bill that we are not repeat these mistakes. Rather than when we leave it to our kids. You want facing here today. It’s been an inter- having these debates about whether to talk about a fair Tax Code, Mr. esting debate that we’ve had now for the richest 2 percent of Americans de- Speaker? So today, I’m voting for a some time. serve extra breaks, we should stand clear path forward. I learn a lot traveling around my dis- with the middle class. After 41 months of unemployment trict, but it was especially compelling Mr. Speaker, this should be an all- above 8 percent, we must stop the tax when I was at a manufacturing plant, hands-on-deck moment. America works hike. I’m committed to tax reform that less than 40 employees, and they told best when the middle class in America will create jobs, grow our economy, me—unprovoked—they said the estate is working. Let’s start talking about and support families. I am voting today tax going up to 55 percent would dev- how we can get all Americans back to for working families, for small busi- astate their business. Those were their work and strengthen our economy. nesses, for entrepreneurs, and for fam- words, ‘‘devastate their business.’’ It’s I urge my colleagues to reject this ily farms, Mr. Speaker. This bill puts not just farmers and ranchers that bill and support the Democratic alter- America back on the right track. would pay the estate tax, it would also native, which is focused on the middle Mr. LEVIN. Could you tell us, please, be small businesses—and very thriving class. again how much time there is remain- small businesses who put people to Mr. CAMP. At this time I yield my- ing? work, who provide benefits, health self 15 seconds. The SPEAKER pro tempore. The gen- care, and otherwise. We have a note here from Stan’s Two tleman from Michigan (Mr. LEVIN) has Truly, the 35 percent rate is a com- from Rowland Heights, California, a 9 minutes remaining. The gentleman promise. I would prefer to see no estate small business. They were asked: How from Michigan (Mr. CAMP) has 93⁄4 min- tax, given the fact that it is double would increased taxes impact your utes remaining. taxation—and certainly 55 percent is business? ‘‘Less hiring, more struggle Mr. LEVIN. I now yield 2 minutes to what many folks would consider confis- to pay for expenses and payroll.’’ If another active member of our com- catory in nature. So I rise in favor of rates were allowed to increase, would mittee, the gentleman from Texas (Mr. the bill that we are debating here that affect your ability to hire new em- DOGGETT). Mr. DOGGETT. Now is not the time today. I think that it is better policy— ployees? ‘‘Absolutely. We’ve done noth- to let the Republicans raise taxes on certainly better for our economy that ing except cut staff for 4 years now. A thousands of Texas families in order to we would not raise taxes on the Amer- tax increase could spell disaster.’’ provide more tax breaks for a privi- ican people. At this time I yield 3 minutes to a Mr. LEVIN. I now yield 2 minutes to distinguished member of the Ways and leged few. Republicans would hike the another distinguished member of our Means Committee, the gentleman from taxes by almost $500 for a married ma- rine corporal with 4 years of service committee, the gentleman from Cali- Washington (Mr. REICHERT). and two children living in Schertz. fornia (Mr. BECERRA). Mr. REICHERT. I thank the gen- Mr. BECERRA. Mr. Speaker, when tleman for yielding. b 1620 the Wall Street banking crisis of 2008 Mr. Speaker, most Americans think That’s wrong. Nor is this the time for hit, causing the worst recession since that the economy is moving in the Republicans to tax opportunity. A sin- the Great Depression, it was the middle wrong direction. And most of them gle mom, working as a nurse, helping a class that took it on the chin. More think it’s Congress’ fault, and that daughter attend the Alamo Colleges or than 8 million Americans lost their job we’ve not done enough to help them Texas State or ACC, would be denied through no fault of their own. And as take care of their families and give the $2,500 higher education tax credit millions of Americans were losing their them financial security. They don’t that I authored, all of this, in the very jobs and their homes, the big banks re- want political rhetoric today. They same bill that would give a Republican ceived bailouts and CEOs continued to don’t care who’s wrong or who’s right. who earns $1 million a tax cut that is receive million-dollar payouts. They want to know what we’re doing larger than that marine or that nurse While too many middle class Ameri- now, what we’re doing today to make will earn in an entire year. cans are still out looking for work, this buying groceries and gas and paying If there were an Olympic medal out Congress is voting again to give over the electric bill affordable. there for protecting those sitting atop $160,000 a year in tax breaks to the Mr. Speaker, if we don’t act, a family the economic ladder at the expense of richest 2 percent of Americans while of four that earns $50,000 a year will those trying to get a foothold on one of the average American will be lucky to have an increase in their taxes of $2,200 the first rungs, these Republicans get about one-100th or maybe two- every year. That’s real money, Mr. would have no competition for going 100ths of that. Can anyone in this Speaker. That’s the difference between for the gold. Chamber blame the middle class for buying an extra box of Cheerios and Nor has this trickle-down Republican thinking the system is rigged against paying the gas bill and saving for col- approach grown our jobs and our econ- them? lege. And for the job creators, the omy. Extending tax breaks for those at Mr. Speaker, we all admire financial mood is even worse. the very top, it was done in 2010, over success, but when we give away tril- We all know that small businesses my objection; it hasn’t grown jobs in lions in tax cuts that we cannot afford create jobs—every one of us in this the past year anymore than it helped to those who need them the least, it’s House knows small businesses create to avoid the Bush/Cheney recession. the middle class who has to make up jobs—but the Democrats would raise And as for this much ballyhooed the difference. To pay for these tax taxes on them, killing 700,000 jobs. I Ernst & Young report, it was bought cuts, our Republican colleagues have refuse to raise taxes on small busi- and paid for by the same millionaires voted to end Medicare and would force nesses while they struggle to bring our that would get a tax break bigger than seniors to pay $6,400 more for their own country out of this recession. I refuse what the nurse or the marine earns all care. On top of that, Republicans pro- to destroy over 700,000 jobs that sup- of next year, along with a few large pose changing Social Security, slash- port families who need and want bread- corporations who paid for the report. It ing its budget by over $800 million. It’s winners, not handouts. is not credible. an ideological agenda that chooses mil- We must ask ourselves every day: It is not just to see many Americans lionaires over the middle class. Reg- What else can we do for these families? pay higher taxes in order to help the ular folks pay more so that folks like We can offer them some long-term se- few gain even more tax breaks. Donald Trump and Mitt Romney can curity so that when they die, their Mr. CAMP. I yield 3 minutes to the get yet another tax break. families, their farms, and their small gentlewoman from Tennessee (Mrs. Einstein is credited with saying that businesses will survive and thrive. But BLACK), a distinguished member of the the definition of insanity is doing the tax increases don’t even stop when you Ways and Means Committee,

VerDate Mar 15 2010 04:07 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.081 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5585 Mrs. BLACK. Mr. Speaker, you know, The Democratic proposal, according this November between my Democratic when nearly 23 million Americans are to the nonpartisan Independent Joint colleagues across the aisle and this side struggling to find full-time employ- Tax Committee, provides tax relief to of the aisle. ment, President Obama and his Demo- 97 percent of the businesses that we’re My Democratic colleagues across the crat allies seem to think that now is talking about here. In fact, they point aisle raise taxes as part of the solution the time to raise taxes on small busi- out that the other 3 percent of busi- going forward. This side of the aisle, nesses. nesses include about 20,000 pass- I’m proud to stand, Mr. Speaker, to say And the President may be satisfied through businesses that make over $50 ‘‘no’’ to raising taxes on any American with an 8 percent or more unemploy- million a year. moving forward. ment rate for 41 straight months, but Now, they may be good businesses, Now, the gentleman had recognized I’m not and, more importantly, the but these are not mom-and-pop busi- and said that some of these tax in- American people are not. The Amer- nesses. The language we’re hearing creases that we’re talking about in re- ican people don’t need to settle for a from our Republican colleagues would gards to businesses are not the mom- country with fewer and fewer opportu- use small businesses as a cover to pro- and-pop shop. nities and a diminished future. viding breaks for firms like Fortune 100 Well, I’ll tell you something. I just So the House today will vote to stop Pipeline Company Enterprise Products had a conversation with Dick Clark the tax hike for all taxpayers, and to- Partners; PricewaterhouseCoopers, from my district, an owner of Villager morrow we will vote to move forward good business, not a mom-and-pop; Construction. That’s a mom-and-pop with a comprehensive tax reform. This KKR Investment Banking; and guess shop. Sterilator Company out of Cuba, is a critical step in providing the cer- what, Bain Capital, Bain Capital, the New York, in my district. That’s a tainty that our small businesses des- kind of small business that our Repub- mom-and-pop shop. Those are people perately need to grow and create jobs. lican colleagues are trying to protect. that have told me that one of their Now, the Democrats’ proposal to This is all really in service to the greatest concerns as small business raise taxes on nearly 1 million small trickle-down ideology. We tried it in owners is the tax burden that they’re businesses will cost more than 700,000 the Bush administration. At the end of going to face next year. jobs, and they have not even offered a 8 years we actually saw a net job loss. Let’s not stand for rhetoric. Let’s do plan on tax reform. This is more of the The SPEAKER pro tempore. The the responsible, prudent thing and say same failed leadership that has given time of the gentleman has expired. ‘‘no’’ to tax increases. And I leave it up us the weakest economic recovery Mr. LEVIN. I yield the gentleman an to the American people who I believe since the Great Depression. additional 15 seconds. are hardworking taxpayers who are not Democrats think that we are just one Mr. VAN HOLLEN. We tried trickle- stupid. They know what the distinction more tax increase away from pros- down. We lived it; we saw a net job will be by the end of this year and next perity. But when has a nation ever loss. But who picked up the tab? The year when they come to the voting taxed its way to prosperity? Prosperity rest of the country because it drove a booth in November, that we stand for is built by the American people, not huge hole in our deficit; and in order to no tax increases, and my colleagues on the government. American entre- deal with that, if we don’t ask folks at the other side of the aisle are going preneurs and small business owners are the top to pay a little bit more, the down the path of let’s raise taxes. the lifeblood of our American Dream, rest of the country ends up picking up and they’re the backbone of our econ- the tab. That’s just not right, and it Now is not the time to raise taxes in omy. doesn’t help the economy. an economic climate when people are It is clear that we must stop this tax Mr. CAMP. I yield myself 15 seconds. struggling and we’re trying to have the hike and reform our broken Tax Code I would just say that my friend’s pro- job creators have the capital so that to revive our struggling economy and posals just aren’t bold enough. The they can put people back to work for keep the American Dream alive. economy isn’t growing. Unemployment today and tomorrow. Mr. LEVIN. It is now my pleasure to is still above 8 percent for 40 consecu- yield 2 minutes to the gentleman from tive months. b 1630 We need to get on a plan for com- Maryland (Mr. VAN HOLLEN), our rank- Mr. LEVIN. I now yield 2 minutes to prehensive reform, not just raising ing member on the Budget Committee. the gentlelady from New York (Ms. Mr. VAN HOLLEN. Mr. Speaker, it’s taxes on a segment, not just pitting VELA´ ZQUEZ), who is the ranking mem- one group of Americans against an- very important everyone understand ber on the Committee on Small Busi- other. But let’s get a comprehensive re- the choice that’s facing the House ness and who has toiled in the vine- form so we can get certainty, we can today. The Democrats will offer an yards and beyond on behalf of the get job growth, we can get economic amendment that will immediately ex- small businesses of this country. tend tax relief to 100 percent of Amer- prosperity and get Americans back to Ms. VELA´ ZQUEZ. Thank you, Rank- ican people. The Senate has already work. ing Member, for yielding. passed that proposal; and if our Repub- I yield 2 minutes to the distinguished lican colleagues vote for it today, we gentleman from New York (Mr. REED), Mr. Speaker, I rise in opposition to can send it down to the White House, a member of the Ways and Means Com- the bill before us today. the President will sign it today. mittee. Republicans love to focus on small Someone asked what we’re going to Mr. REED. Mr. Speaker, I rise today businesses when it’s convenient for do today. We could provide immediate in support of the proposed legislation them. They claim it is imperative to tax relief to 98 percent of the American to make sure that we do not increase pass today’s bill because, if we don’t, people. taxes on any Americans come the end small firms will be harmed. However, Now, let’s be clear. The Democratic of this year. I think it’s prudent, it’s today’s bill is only good for million- proposal provides tax relief to every- responsible, and it’s the right message aires and billionaires, not the Nation’s body up to $250,000. What our Repub- to send to America, that we are going job creators. lican colleagues are saying is they will to stand with every American and The argument that a partial exten- deny tax relief to 98 percent of the every small business owner across the sion of tax cuts hinders small business American people, unless people making country and say, end of the year, no hiring relies on distorted facts. Repub- over $250,000 get a bonus, an extra tax tax increases. licans are using a warped definition of cut. In other words, unless the top 2 And I appreciate my colleagues on a ‘‘small firm’’ that counts Mitt Rom- percent get an extra tax cut, nobody the other side of the aisle and their ney as a small business owner. I don’t else gets anything. passion and their commitment to rais- think the average person considers 237 It gets worse. We’ve heard a lot of ing taxes. They get to choose which people whose incomes average more talk here about small businesses, that threshold, 200, $250,000 or more. But it’s than $200 million as small business we need to adopt the Republican plan clear to me that there’s a clear distinc- owners. in order to support small businesses. tion that the American people will Contrary to Republican claims, this It’s just not true. have an opportunity to decide come is not what the American taxpayers

VerDate Mar 15 2010 04:07 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.082 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5586 CONGRESSIONAL RECORD — HOUSE August 1, 2012 think of when they hear ‘‘small busi- to take a look at what’s going on in The issue is not whether we should ness.’’ When most people think of en- the State of Illinois, we are dead last in tax one group more and then distribute trepreneurs, they envision small manu- too many categories. We are not cre- that to another group. That doesn’t facturers, architects, Main Street res- ating jobs. Jobs are picking up and create more jobs, and that doesn’t cre- taurants, and hardware stores—those they’re going to neighboring States. ate more stability. That doesn’t pull us Americans who risk their savings to They’re leaving because we’ve decided out of a recession. That only makes create jobs in our communities. Tax to take more from hardworking tax- one group feel better that they took cuts should go to real small businesses payers in the State of Illinois. money from another group and gave it that are creating jobs, not to people What we want to do is to make sure to another. who are simply moving money around that we extend these for an additional There are really two philosophies for their own profits. year so that we can have real tax re- that are at work here. We want to Instead of addressing the top concern form. That’s what this is about. We make this debate about taxes, but it’s of small business owners—a lack of de- want to talk about pro-growth tax poli- really a philosophical issue. One group mand for their goods and services—this cies so that we can get the American says that the purpose of taxation is to bill simply gives more tax cuts to the public back to work. This is about jobs take from one group and redistribute very rich. The numbers don’t lie. Over and the economy. to another one to make America fair. 80 percent of the value of these cuts Frankly, I tip my hat to my col- The other group, that of the Repub- goes to millionaires. That is an average leagues because, when I talk to my col- licans, says the purpose of taxation is tax cut of $164,000. leagues on the other side of the aisle, to collect as little as possible in order Let’s call this bill what it really is— they also indicate to me that the num- to efficiently run the government so a tax cut for the rich, not for small ber one issue is jobs and the economy. that individuals are able to keep their The SPEAKER pro tempore. The businesses. That is not what our econ- money. We became the most powerful, time of the gentleman has expired. omy needs. Vote ‘‘no.’’ prosperous nation on Earth because Mr. CAMP. I yield the gentleman an Mr. CAMP. Mr. Speaker, how much Americans were able to keep what they additional 15 seconds. time is remaining? earned, were able to invest it into The SPEAKER pro tempore. The gen- Mr. DOLD. Let’s come together. Let’s not talk about how we want to other things and were able to grow it. tleman from Michigan (Mr. CAMP) has Here is the real proposal: one, keep 1 raise taxes on the middle class because, 5 ⁄2 minutes remaining. The gentleman tax rates the same for another year; 3 frankly, that’s just inaccurate, not from Michigan (Mr. LEVIN) has 2 ⁄4 min- two, fix the broken Code. utes remaining. true. We are looking to try to make sure these get extended for an addi- There are 70,000 pages—3.8 million Mr. CAMP. I yield 2 minutes to the words—in this Tax Code. It needs to be distinguished gentleman from Illinois tional year so that we can talk about pro-growth tax reform and get people fixed. It’s miserably complicated. No (Mr. DOLD). Americans feel confident that when Mr. DOLD. I certainly thank the off of the unemployment lines and back they file their taxes they got it all chairman for his leadership on this. to work. right. We’ve got to fix this Code and be Mr. Speaker, I’m confused. I think So I applaud you for trying to get up able to simplify it dramatically. It’s my colleagues on the other side of the there and plead your political point, going to take time to do that. So let’s aisle haven’t read what H.R. 8 is. They but we need to come together. We need extend rates for another year, and then keep talking about how my colleagues to make this happen for the American let’s spend next year fixing the Code. and I are looking to try to raise taxes public. Let’s get this right for all Americans, on a segment of the population. Actu- Mr. LEVIN. How much time is left on not just for some. ally, what this does is extend current this bill? The SPEAKER pro tempore. The gen- tax rates for everyone—for every single Mr. LEVIN. I now yield the balance tleman from Michigan (Mr. LEVIN) has American. I can tell you that, for peo- of my time on this bill to the distin- 23⁄4 minutes remaining. The gentleman ple all across the country right now, guished whip, the gentleman from from Michigan (Mr. CAMP) has 31⁄4 min- foreclosures are up. They’re concerned Maryland (Mr. HOYER). utes remaining. The SPEAKER pro tempore. The gen- about how they will send their kids to Mr. LEVIN. We have one more speak- school. We’ve got energy prices that tleman from Maryland is recognized er on this. for the remaining 23⁄4 minutes. are on the rise. We want to make sure Mr. CAMP, do you have more than that the government is not taking Mr. HOYER. Designed to fail. That’s one? what this bill is. It is designed to fail. more from them. Mr. CAMP. I have one more speaker Very frankly, you made sure that it I have to tell you that I think what and then myself. we’re talking about right now is trying Mr. LEVIN. Why don’t you call on was going to fail when you passed the amendment that added the reform bill to empower the American people. We the one, and then Mr. HOYER is going want to make sure that we have up- to wrap up on this bill. and this bill together. ward mobility. We want to try to cre- Mr. CAMP. I yield 2 minutes to the Designed to fail. How sad. ate growth in our economy. distinguished gentleman from Okla- I don’t think you want to raise taxes Mr. Speaker, in 2010, the President of homa (Mr. LANKFORD). on anybody. I understand that. I’ll ac- the United States came before the Mr. LANKFORD. There has been a cept that premise. What we ought to do American public and said that our tremendous amount of rhetoric and hy- is to make sure, in the agreement that economy was too fragile. The President perbole in the conversation today—all we have with the Senate and the said that our economy is fragile and this energy about how we are trying to House, that at least the 98 percent of that we should extend these tax rates. raise taxes on different groups. Let’s Americans who make less than $250,000 That’s when the economy was growing clear this up. have no increase in their taxes. At at 31⁄2 percent, Mr. Speaker. The Com- This is about keeping the rates the least we ought to do that. America merce Department just came out with same for another year for all Ameri- knows we have agreement on that. statistics that we are growing at 11⁄2 cans. Really, this debate is not about They’re wondering why, when you have percent today. There is no way in the tax rates. What my colleagues on the agreement, you don’t take that agree- world that we should be taking more other side of the aisle seem to identify ment and give the assurance and cer- out of the pockets of the American as the problem is that some people in tainty to 98 percent of the American public. It’s just not feasible. America have too much money and working people that they won’t have Two-thirds of all net new jobs are that the solution to fix this problem is an increase in their taxes so that created by small businesses, but this for people to go down the street and they’ll have the confidence that they’ll isn’t just for small businesses—this is find someone with a bigger house and have that money in their pockets to, for every single American. We’re run- take some of their stuff and bring it to perhaps, purchase that refrigerator ning the experiment today. If you want the other house. Then the problems in that they need or that oven that they to talk about higher taxes—more tak- America would be solved. Things would need or perhaps a new car or so that ing in the State of Illinois—if you want be fair. they can help their kids go to college.

VerDate Mar 15 2010 04:07 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.086 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5587 Why don’t we give them that con- Tax Credit and Earned Income Tax Credit to Mr. LANGEVIN. Mr. Speaker, I rise in strong fidence, I say to my friends. Mr. Speak- expire while eliminating the American Oppor- opposition to the Republican tax proposal. er, I wish we would do so. tunity Tax Credit. Their plan will give more tax breaks for the Today, we could embrace the agree- That lies in stark contrast to the $160,000 richest 2 percent, providing $160,000 for the ment that the Senate has come to and tax cut this bill would deliver to the average average millionaire—on top of the $1 million tell the 98 percent, ‘‘You’re safe.’’ In millionaire, according to the National Eco- that they received over the last 9 years. addition to that, by rejecting this bill, nomic Council. A hundred and sixty thousand dollars we will reject taking money out of 25 Mr. Speaker I urge my colleagues to join me means different things to different people. For million people’s pockets that they rely in defeating this bill, and I call on Republicans 464 Rhode Island veterans, it means access on to support themselves and their to work with us to pass the tax cut extension to employment and job training services; for children. for the middle class on which we all agree. 2,340 Rhode Island parents, it means immuni- Mr. CAMP. Mr. Speaker, I yield my- b 1640 zations for their children against Measles, self the balance of my time. Mumps, and the flu; and for Rhode Island’s That’s what the Senate bill does. It I would just say this isn’t just about youth, it means 25 more students get a leg up protects the wealthiest in America taxes. I would agree with my friend through Head Start. But for millionaires, while telling some of the poorest in from Maryland, Republicans do not $160,000 simply represents the additional gift America, the least well-off in America, want to raise taxes on small busi- they receive under the Republican tax pro- you’re going to pay more, you’re going nesses, job creators, or investors be- posal. to get less. How perverse. How under- cause it’s also about the economy. A hundred and sixty thousand dollars is a mining of our economy. How under- This has been a dismal recovery, the lot of money, and it can go a long way to- mining of the confidence of our people. worst since the Great Depression; and wards improving the lives and opportunities of Ladies and gentlemen of this House, unemployment has been above 8 per- Rhode Islanders. While every program I men- we’re better than this. cent for 40 consecutive months. Their tioned is on the chopping block, Republicans Newt Gingrich talked some years ago answer is to raise taxes on the small seem complacent to mortgage our children in 1998 about the ‘‘Perfectionist Cau- business sector, the area where we need and grandchildren’s future to preserve these cus.’’ Mr. Speaker, he said embrace to have those jobs to begin to be cre- tax cuts for the wealthiest top two percent at agreement. He was agreeing with Presi- ated. What we’re saying is let’s keep a cost of $1 trillion. These are tax cuts we dent Clinton and Newt Gingrich at that the law the same for 1 year. We’re the simply cannot afford. In fact, if we want to talk point in time on a budget which adopt- only Nation in the world that has all of about responsible deficit reduction, this would ed PAYGO one more time, which is one these tax provisions expiring year in be an excellent place to start. of the reasons why we balanced the and year out. Let’s leave this the same Democrats and Republicans do agree on budget 4 years in a row. The House for 1 year, then let’s move and adopt one thing;—the need to extend tax cuts for the Ways and Means bill leaves 98 percent comprehensive tax reform in an expe- middle class and small businesses, which is of our people at risk, while our bill dited procedure to do that so we can exactly what the Democratic proposal will do. gives 100 percent of the people a tax finish that next year. Under the Democratic plan, every single tax- cut. If we go down their path of raising payer will receive a tax cut on income earned Let us reject the House bill. Let us taxes on small businesses, 700,000 jobs up to $200,000 if you are single, and adopt the substitute. Let us send it to will be lost. If we go down our path of $250,000 if you are married. the Senate and make it law. The Presi- extending current law for a year, bring- For our middle class families, this translates dent will sign it, and it can become law ing certainty, extending that law for a to an extra $2,200 in their pockets. And even and give confidence and help to those year, moving forward on comprehen- high-income households will continue to re- 98 percent of Americans. sive reform, addressing some spending ceive a tax cut averaging more than $10,000 This Republican proposal, is not the problems we know this Nation has had, on their first $250,000 of income. straight-forward tax cut extension middle-class 3 years of trillion-dollar deficits, if we No one thinks raising taxes on the middle families and small business owners are asking do that, we create a million jobs. class is a good idea. Right now, my top pri- for. Vote for H.R. 8. ority is giving middle-class families and our Instead it extends tax cuts to even the high- Mr. GINGREY of Georgia. Mr. Speaker, I small businesses the security and certainty est incomes, a plan already rejected by the rise in strong support of H.R. 8, the Job Pro- they deserve by extending tax cuts they des- Senate and which the President has said he tection and Recession Prevention Act of 2012. perately need. This should be an issue where would veto. In August of 2009, President Obama told NBC Republicans and Democrats can work to- Moving forward with this legislation will only News, ‘‘You don’t raise taxes in a recession.’’ gether to do what is right for hard-working prolong the uncertainty the American people Quite frankly, I agree with the President and Americans. have asked us to end. would take it a step further. We should never I urge my colleagues to reject the Repub- What we ought to do—before the August raise taxes at all, period. lican plan that continues down the same fis- district work period—is pass the extension Unfortunately, if we do nothing before the cally irresponsible path. Give our small busi- where we have agreement—for earnings end of the year, we risk raising taxes on nesses and working families the certainty they under $250,000, which is a tax cut for 100 Americans by $384 billion over the next ten deserve, and support the Democratic plan to percent of Americans. years according to the Joint Committee on cut taxes for everyone and help move the Ninety eight percent of families and 97 per- Taxation. For my home State of Georgia economy forward. cent of small businesses will see no change to alone, this would represent a tax increase of Mr. STARK. Mr. Speaker, I rise in opposi- their taxes. $3,010 per tax return. At a time when we have tion to H.R. 8. I cannot support legislation that Let’s pass what we agree on now and after- had 41 straight months of unemployment, it prioritizes millionaires over middle class fami- ward debate what we disagree on. would be irresponsible to place an additional lies. By bringing this legislation to the floor, Instead, we’ve seen Republicans insist on burden on working families and job creators, Republicans hold hostage the middle class tax an all or nothing approach, which has held particularly when Ernst & Young recently re- cuts in order to help those who need it least. middle-class tax relief hostage to tax cuts for leased a study stating that this tax increase If enacted, this bill would give millionaires an the top 2 percent. would destroy 700,000 jobs. average tax cut of $160,000 next year. Hedge Now, they are doing so once again, with a Mr. Speaker, House Republicans have a fund managers and corporate CEOs who rule on this bill that makes it harder for us to simple solution. H.R. 8 will prevent this loom- make up the wealthiest 2 percent of this coun- reach an agreement to prevent a tax hike on ing tax increase on all Americans, especially try do not need a massive tax break. The Re- the middle class. the 1 million small business entrepreneurs that publican tax plan on the floor today not only This is not the regular order or open proc- would likely feel the pain the most. favors millionaires, it takes away tax programs ess Speaker BOEHNER and Republicans cam- To all of my colleagues, we have a clear that help working families. Under this legisla- paigned on and pledged to uphold in this choice today. You can either support H.R. 8 to tion, 25 million families and college students in House. prevent a $384 billion tax increase, or you this country will lose as much as $1,000 be- At the same time, this bill would impose an could oppose this legislation, endorse these cause of cuts to the Earned Income Tax Cred- average tax hike of $1,000 on 25 million work- tax increases and destroy 700,000 jobs in the its, the Child Tax Credit, and the American ing families by allowing the expanded Child process. The choice is yours. Opportunity Tax Credit. It is these lower and

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middle income families that deserve our help. TITLE II—ALTERNATIVE MINIMUM TAX ‘‘(iv) 1⁄2 the amount applicable under clause It is time to start creating a tax code that re- RELIEF (i) (after adjustment, if any, under subpara- flects our values by ensuring that every indi- Sec. 201. Temporary extension of increased graph (E)) in the case of subsection (d). ‘‘(D) FOURTH RATE BRACKET.—For purposes vidual pays their fair share. alternative minimum tax exemption amount. of this paragraph, the term ‘fourth rate I stand with the House Democrats, the Sen- Sec. 202. Temporary extension of alter- bracket’ means the bracket which would (de- ate and the President in supporting an exten- native minimum tax relief for non- termined without regard to this paragraph) sion of the middle class tax cuts. Working refundable personal credits. be the 36-percent rate bracket. Americans are facing high unemployment and TITLE III—TREATMENT FOR PAYGO ‘‘(E) INFLATION ADJUSTMENT.—For purposes of this paragraph, with respect to taxable stagnant wages. They should have the cer- PURPOSES years beginning in calendar years after 2012, tainty to know that they will not face a tax in- Sec. 301. Treatment for PAYGO purposes. each of the dollar amounts under clauses (i), crease next year. Extending the middle class TITLE I—TEMPORARY EXTENSION OF TAX (ii), and (iii) of subparagraph (C) shall be ad- tax cuts means helping 114 million middle RELIEF justed in the same manner as under para- class families, including 13.2 million in Cali- SEC. 101. TEMPORARY EXTENSION OF 2001 TAX graph (1)(C), except that subsection (f)(3)(B) fornia. If the House extends the middle class RELIEF. shall be applied by substituting ‘2008’ for tax cuts—already passed by the Senate— (a) TEMPORARY EXTENSION.— ‘1992’.’’. (1) IN GENERAL.—Section 901(a)(1) of the (2) PHASEOUT OF PERSONAL EXEMPTIONS AND these families will save an average of $2,200 Economic Growth and Tax Relief Reconcili- ITEMIZED DEDUCTIONS.— on next year’s taxes. ation Act of 2001 is amended by striking ‘‘De- (A) OVERALL LIMITATION ON ITEMIZED DE- This country cannot afford to keep giving cember 31, 2012’’ and inserting ‘‘December 31, DUCTIONS.—Section 68 is amended— out tax breaks to the wealthy and large cor- 2013’’. (i) by striking ‘‘the applicable amount’’ the porations. This Republican bill adds another (2) EFFECTIVE DATE.—The amendment first place it appears in subsection (a) and in- made by this subsection shall take effect as $50 billion to our deficit in just one year. This serting ‘‘the applicable threshold in effect if included in the enactment of the Economic under section 1(i)(3)’’, is the wrong approach and is just plain irre- Growth and Tax Relief Reconciliation Act of (ii) by striking ‘‘the applicable amount’’ in sponsible. We need to strengthen the middle 2001. subsection (a)(1) and inserting ‘‘such applica- class, put people back to work, and grow our (b) APPLICATION TO CERTAIN HIGH-INCOME ble threshold’’, economy. The first step is introducing fairness TAXPAYERS.— (iii) by striking subsection (b) and redesig- to our tax code and helping the middle class (1) INCOME TAX RATES.— nating subsections (c), (d), and (e) as sub- (A) TREATMENT OF 25- AND 28-PERCENT RATE Americans who work hard and play by the sections (b), (c), and (d), respectively, and BRACKETS.—Paragraph (2) of section 1(i) is (iv) by striking subsections (f) and (g). rules. I urge my colleagues to join me in vot- amended to read as follows: (B) PHASEOUT OF DEDUCTIONS FOR PERSONAL ing against the Republican giveaway to the ‘‘(2) 25- AND 28-PERCENT RATE BRACKETS.— EXEMPTIONS.— most wealthy and to instead support the The tables under subsections (a), (b), (c), (d), (i) IN GENERAL.—Paragraph (3) of section Democratic substitute which protects the mid- and (e) shall be applied— 151(d) is amended— dle class. ‘‘(A) by substituting ‘25%’ for ‘28%’ each (I) by striking ‘‘the threshold amount’’ in place it appears (before the application of The SPEAKER pro tempore (Mr. subparagraphs (A) and (B) and inserting ‘‘the subparagraph (B)), and applicable threshold in effect under section BASS of New Hampshire). All time for ‘‘(B) by substituting ‘28%’ for ‘31%’ each 1(i)(3)’’, debate has expired. place it appears.’’. (II) by striking subparagraph (C) and redes- (B) 33-PERCENT RATE BRACKET.—Subsection AMENDMENT IN THE NATURE OF A SUBSTITUTE ignating subparagraph (D) as subparagraph (i) of section 1 is amended by redesignating OFFERED BY MR. LEVIN (C), and paragraph (3) as paragraph (4) and by insert- (III) by striking subparagraphs (E) and (F). Mr. LEVIN. I now call up the sub- ing after paragraph (2) the following new (ii) CONFORMING AMENDMENTS.—Paragraph stitute amendment. paragraph: (4) of section 151(d) is amended— The SPEAKER pro tempore. The ‘‘(3) 33-PERCENT RATE BRACKET.— (I) by striking subparagraph (B), ‘‘(A) IN GENERAL.—In the case of taxable Clerk will designate the amendment. (II) by redesignating clauses (i) and (ii) of years beginning after December 31, 2012— subparagraph (A) as subparagraphs (A) and The text of the amendment is as fol- ‘‘(i) the rate of tax under subsections (a), (B), respectively, and by indenting such sub- lows: (b), (c), and (d) on a taxpayer’s taxable in- paragraphs (as so redesignated) accordingly, come in the fourth rate bracket shall be 33 and Strike all after the enacting clause and in- percent to the extent such income does not sert the following: (III) by striking all that precedes ‘‘in a cal- exceed an amount equal to the excess of— endar year after 1989,’’ and inserting the fol- SECTION 1. SHORT TITLE; ETC. ‘‘(I) the applicable amount, over lowing: ‘‘(II) the dollar amount at which such (a) SHORT TITLE.—This Act may be cited as ‘‘(4) INFLATION ADJUSTMENT.—In the case of the ‘‘Middle Class Tax Cut Act’’. bracket begins, and any taxable year beginning’’. ‘‘(ii) the 36 percent rate of tax under such (c) EFFECTIVE DATE.—Except as otherwise (b) AMENDMENT OF 1986 CODE.—Except as subsections shall apply only to the tax- provided, the amendments made by this sec- otherwise expressly provided, whenever in payer’s taxable income in such bracket in ex- tion shall apply to taxable years beginning this Act an amendment or repeal is ex- cess of the amount to which clause (i) ap- after December 31, 2012. pressed in terms of an amendment to, or re- plies. (d) APPLICATION OF EGTRRA SUNSET.— peal of, a section or other provision, the ref- ‘‘(B) APPLICABLE AMOUNT.—For purposes of erence shall be considered to be made to a this paragraph, the term ‘applicable amount’ Each amendment made by subsection (b) section or other provision of the Internal means the excess of— shall be subject to title IX of the Economic Revenue Code of 1986. ‘‘(i) the applicable threshold, over Growth and Tax Relief Reconciliation Act of (c) TABLE OF CONTENTS.—The table of con- ‘‘(ii) the sum of the following amounts in 2001 to the same extent and in the same man- tents of this Act is as follows: effect for the taxable year: ner as if such amendment was included in title I of such Act. Sec. 1. Short title; etc. ‘‘(I) the basic standard deduction (within the meaning of section 63(c)(2)), and SEC. 102. TEMPORARY EXTENSION OF 2003 TAX TITLE I—TEMPORARY EXTENSION OF ‘‘(II) the exemption amount (within the RELIEF. TAX RELIEF meaning of section 151(d)(1) (or, in the case (a) EXTENSION.— Sec. 101. Temporary extension of 2001 tax of subsection (a), 2 such exemption (1) IN GENERAL.—Section 303 of the Jobs relief. amounts). and Growth Tax Relief Reconciliation Act of Sec. 102. Temporary extension of 2003 tax ‘‘(C) APPLICABLE THRESHOLD.—For purposes 2003 is amended by striking ‘‘December 31, relief. of this paragraph, the term ‘applicable 2012’’ and inserting ‘‘December 31, 2013’’. Sec. 103. Temporary extension of 2010 tax threshold’ means— (2) EFFECTIVE DATE.—The amendment relief. ‘‘(i) $250,000 in the case of subsection (a), made by this subsection shall take effect as Sec. 104. Temporary extension of election ‘‘(ii) $225,000 in the case of subsection (b), if included in the enactment of the Jobs and to expense certain depreciable business ‘‘(iii) $200,000 in the case of subsections (c), Growth Tax Relief Reconciliation Act of assets. and 2003.

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(b) 20-PERCENT CAPITAL GAINS RATE FOR (1) IN GENERAL.—Section 25A(i) is amended (b) EFFECTIVE DATE.—The amendments CERTAIN HIGH INCOME INDIVIDUALS.— by striking ‘‘or 2012’’ and inserting ‘‘2012, or made by this section shall apply to taxable (1) IN GENERAL.—Paragraph (1) of section 2013’’. years beginning after December 31, 2011. 1(h) is amended by striking subparagraph (2) TREATMENT OF POSSESSIONS.—Section SEC. 202. TEMPORARY EXTENSION OF ALTER- (C), by redesignating subparagraphs (D) and 1004(c)(1) of division B of the American Re- NATIVE MINIMUM TAX RELIEF FOR (E) as subparagraphs (E) and (F) and by in- covery and Reinvestment Tax Act of 2009 is NONREFUNDABLE PERSONAL CRED- serting after subparagraph (B) the following amended by striking ‘‘and 2012’’ each place it ITS. new subparagraphs: appears and inserting ‘‘2012, and 2013’’. (a) IN GENERAL.—Paragraph (2) of section ‘‘(C) 15 percent of the lesser of— (b) CHILD TAX CREDIT.—Section 24(d)(4) is 26(a) is amended— ‘‘(i) so much of the adjusted net capital amended— (1) by striking ‘‘or 2011’’ and inserting gain (or, if less, taxable income) as exceeds (1) by striking ‘‘AND 2012’’ in the heading ‘‘2011, or 2012’’, and the amount on which a tax is determined and inserting ‘‘2012, AND 2013’’, and (2) by striking ‘‘2011’’ in the heading thereof under subparagraph (B), or (2) by striking ‘‘or 2012’’ and inserting and inserting ‘‘2012’’. ‘‘(ii) the excess (if any) of— ‘‘2012, or 2013’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable ‘‘(I) the amount of taxable income which (c) EARNED INCOME TAX CREDIT.—Section would (without regard to this paragraph) be 32(b)(3) is amended— years beginning after December 31, 2011. taxed at a rate below 36 percent, over (1) by striking ‘‘AND 2012’’ in the heading TITLE III—TREATMENT FOR PAYGO ‘‘(II) the sum of the amounts on which a and inserting ‘‘2012, AND 2013’’, and PURPOSES tax is determined under subparagraphs (A) (2) by striking ‘‘or 2012’’ and inserting SEC. 301. TREATMENT FOR PAYGO PURPOSES. and (B), ‘‘2012, or 2013’’. The budgetary effects of this Act shall not ‘‘(D) 20 percent of the adjusted net capital (d) TEMPORARY EXTENSION OF RULE DIS- be entered on either PAYGO scorecard main- gain (or, if less, taxable income) in excess of REGARDING REFUNDS IN THE ADMINISTRATION tained pursuant to section 4(d) of the Statu- the sum of the amounts on which tax is de- OF FEDERAL PROGRAMS AND FEDERALLY AS- tory Pay-As-You-Go Act of 2010. termined under subparagraphs (B) and (C),’’. SISTED PROGRAMS.—Subsection (b) of section The SPEAKER pro tempore. Pursu- (2) MINIMUM TAX.—Section 55 is amended 6409 is amended by striking ‘‘December 31, ant to House Resolution 747, the gen- by adding at the end the following new sub- 2012’’ and inserting ‘‘December 31, 2013’’. tleman from Michigan (Mr. LEVIN) and section: (e) EFFECTIVE DATES.— a Member opposed each will control 10 ‘‘(f) 20-PERCENT CAPITAL GAINS RATE FOR (1) IN GENERAL.—Except as provided in CERTAIN HIGH INCOME INDIVIDUALS.— paragraph (2), the amendments made by this minutes. ‘‘(1) IN GENERAL.—In the case of any indi- section shall apply to taxable years begin- Mr. CAMP. Mr. Speaker, I claim the vidual, if the taxpayer’s taxable income for ning after December 31, 2012. time in opposition. the taxable year exceeds the applicable (2) RULE DISREGARDING REFUNDS IN THE AD- Mr. LEVIN. Could the Chair be clear amount determined under section 1(i) with MINISTRATION OF CERTAIN PROGRAMS.—The as to who has the right to close on this respect to such taxpayer for such taxable amendment made by subsection (d) shall amendment? year, the amount determined under para- apply to amounts received after December The SPEAKER pro tempore. The gen- graph (2) shall be substituted for the amount 31, 2012. tleman from Michigan (Mr. CAMP) has determined under subsection (b)(3)(C) for SEC. 104. TEMPORARY EXTENSION OF ELECTION purposes of determining the taxpayer’s ten- the right to close. TO EXPENSE CERTAIN DEPRE- The Chair recognizes the gentleman tative minimum tax for such taxable year. CIABLE BUSINESS ASSETS. from Michigan (Mr. LEVIN). ‘‘(2) DETERMINATION OF 20-PERCENT CAPITAL (a) IN GENERAL.— GAINS RATE.—The amount determined under (1) DOLLAR LIMITATION.—Section 179(b)(1) is Mr. LEVIN. I now yield 2 minutes to this paragraph is the sum of— amended— another Member of our committee, the ‘‘(A) 15 percent of the lesser of— (A) by striking ‘‘and’’ at the end of sub- distinguished gentleman from Georgia ‘‘(i) so much of the adjusted net capital paragraph (C), (Mr. LEWIS). gain (or, if less, taxable excess) as exceeds (B) by redesignating subparagraph (D) as Mr. LEWIS. Mr. Speaker, I want to the amount on which tax is determined subparagraph (E), thank Mr. LEVIN for yielding. under subsection (b)(3)(B), or (C) by inserting after subparagraph (C) the After 2 years of talking about spend- ‘‘(ii) the excess described in section following new subparagraph: ing cuts and deficit reduction, Repub- 1(h)(1)(C)(ii), plus ‘‘(D) $250,000 in the case of taxable years licans somehow believe it is wise to fill ‘‘(B) 20 percent of the adjusted net capital beginning in 2013, and’’, and gain (or, if less, taxable excess) in excess of (D) in subparagraph (E), as so redesignated, the pockets of each and every million- the sum of the amounts on which tax is de- by striking ‘‘2012’’ and inserting ‘‘2013’’. aire in America with an additional termined under subparagraph (A) and sub- (2) REDUCTION IN LIMITATION.—Section $160,000 tax cut. We’ve been here before. section (b)(3)(B).’’. 179(b)(2) is amended— This is the same picture. Mr. Speaker, (c) CONFORMING AMENDMENTS.— (A) by striking ‘‘and’’ at the end of sub- we all know what this is about. This is (1) The following provisions are each paragraph (C), about two competing visions of Amer- amended by striking ‘‘15 percent’’ and insert- (B) by redesignating subparagraph (D) as ing ‘‘20 percent’’: ica. The Democratic vision is oppor- subparagraph (E), tunity for all Americans to prosper, (A) Section 531. (C) by inserting after subparagraph (C) the (B) Section 541. following new subparagraph: while the Republican vision reserves (C) Section 1445(e)(1). ‘‘(D) $800,000 in the case of taxable years prosperity for the select few. (D) The second sentence of section beginning in 2013, and’’, and That is not right, Mr. Speaker. That 7518(g)(6)(A). (D) in subparagraph (E), as so redesignated, is not fair. That is not just. American (E) Section 53511(f)(2) of title 46, United by striking ‘‘2012’’ and inserting ‘‘2013’’. hardworking families need tax relief, States Code. (b) COMPUTER SOFTWARE.—Section and they need it now. Not tomorrow, (2) Section 1445(e)(6) is amended by strik- 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ not next week, not next month, not ing ‘‘15 percent (20 percent in the case of tax- and inserting ‘‘2014’’. able years beginning after December 31, next year, but now. If you believe in a (c) ELECTION.—Section 179(c)(2) is amended strong, solid middle class, vote ‘‘no’’ on 2010)’’ and inserting ‘‘20 percent’’. by striking ‘‘2013’’ and inserting ‘‘2014’’. (d) EFFECTIVE DATES.— (d) EFFECTIVE DATE.—The amendments this bill. If you believe in American op- (1) IN GENERAL.—Except as otherwise pro- made by this section shall apply to taxable portunity, vote ‘‘no’’ on this bill. If vided, the amendments made by subsections years beginning after December 31, 2012. you’re serious about reducing the def- (b) and (c) shall apply to taxable years begin- icit, vote ‘‘no’’ on this bill. I urge all of ning after December 31, 2012. TITLE II—ALTERNATIVE MINIMUM TAX RELIEF my colleagues to vote ‘‘no’’ on this bill (2) WITHHOLDING.—The amendments made by paragraphs (1)(C) and (2) of subsection (c) SEC. 201. TEMPORARY EXTENSION OF IN- and to vote ‘‘yes’’ on the Levin amend- shall apply to amounts paid on or after Jan- CREASED ALTERNATIVE MINIMUM ment. It is simply the right thing to uary 1, 2013. TAX EXEMPTION AMOUNT. do. (e) APPLICATION OF JGTRRA SUNSET.— (a) IN GENERAL.—Paragraph (1) of section We can do much better by voting for Each amendment made by subsections (b) 55(d) is amended— the Levin amendment. It is the right and (c) shall be subject to section 303 of the (1) by striking ‘‘$72,450’’ and all that fol- thing to do. It is the fair thing to do. It lows through ‘‘2011’’ in subparagraph (A) and Jobs and Growth Tax Relief Reconciliation is the just thing to do. We should do it Act of 2003 to the same extent and in the inserting ‘‘$78,750 in the case of taxable years same manner as if such amendment was in- beginning in 2012’’, and and do it now. cluded in title III of such Act. (2) by striking ‘‘$47,450’’ and all that fol- Mr. CAMP. Mr. Speaker, I yield my- SEC. 103. TEMPORARY EXTENSION OF 2010 TAX lows through ‘‘2011’’ in subparagraph (B) and self such time as I may consume. RELIEF. inserting ‘‘$50,600 in the case of taxable years Let me just say that this substitute (a) AMERICAN OPPORTUNITY TAX CREDIT.— beginning in 2012’’. increases taxes, and it increases taxes

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.032 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5590 CONGRESSIONAL RECORD — HOUSE August 1, 2012 on small businesses, the very sector b 1650 the Tax Code, and deal with the issue that we need to be growing to bring us Mr. LEVIN. I yield the gentleman 1 of comprehensive tax reform over the out of this recession. It does not in- additional minute. next 12 months, and put no Americans clude tax reform. There’s no path to Mr. CROWLEY. I want to be very in harm in having their tax bill in- tax reform. Our Tax Code has had 5,000 clear about this, Mr. Speaker. The creased at the end of this year. changes in the last decade. The com- earned income tax credit under the Re- Mr. LEVIN. It’s now my real pleasure plexity is making it difficult for Amer- publican bill would only be $2,390. Now to yield 2 minutes to the gentleman icans to know what their responsibil- when I do the math, that means that from Connecticut (Mr. LARSON) who is ities are. They suspect others get a bet- under the Republican bill, that ser- the chair of our caucus and an active ter deal under the Tax Code because of geant and his or her family would have member of our committee. the complexity. If we can take that a $1,118 tax increase. You can’t get Mr. LARSON of Connecticut. I thank away and move to a system that has a around it. Those are the facts. Those the distinguished ranking member. lower rate, revenue neutral, that closes are the numbers. They speak loud and This debate today is extraordinarily off some of these 5,000 changes that clear. And not a single one of my col- informative. This isn’t about Demo- have been made in the last few years, leagues on the other side of the aisle crats or Republicans. This is about sav- we can create a million jobs in the first refuted that. ing and preserving our middle class. year alone. We have refuted the $250,000 issue as Lauren Mishkin from Connecticut, a One of the things that led us into this it pertains to small business owners. mother who recently came up to talk recession is the housing crisis. Here we The reality is, the men and women on to me about student loans, said, ‘‘When have a letter from the National Asso- the front lines defending this democ- only the rich can follow their dreams, ciation of Home Builders saying that racy, defending our freedom, defending we have a problem.’’ housing can be a key engine of job our way of life, allowing for small busi- So here today, we face a very clear growth that this country needs. How- nessmen and -women to prosper in this choice that I think all Americans un- ever, the recovery we’re seeing remains country, they’re not worth a tax break. derstand. We should be able to come to- fragile. As the rest of the economy is Your bill increases taxes on our mili- gether as Democrats and Republicans experiencing softening conditions, now tary men and women. There’s no get- and provide a tax break for everyone would be the worst time to raise taxes. ting around it. A vote for the Repub- up to $250,000. Lauren was right: we The National Association of Home lican bill is a vote to increase taxes on have a problem. Builders believes that lower rates, sim- military men and women. A vote for A constituent of mine said, ‘‘How is plification, and a fair system will spur the Democratic substitute is a tax cut it that the Congress doesn’t understand economic growth and increase competi- for our military men and women. that what they’re doing is throwing all tiveness. That’s good for housing, be- Mr. CAMP. I yield myself such time of us into the deep abyss of uncer- cause housing not only equals jobs, but as I may consume. tainty?’’ It’s that deep abyss of uncer- jobs mean more demand for housing. I don’t have to refute what the Mem- tainty that all Americans are con- This is just one area that if we raise ber from New York said because the cerned about. And what they want is taxes, as this substitute attempts to nonpartisan Joint Committee on Tax- for us to come together. do, we’re going to really close off what ation has already done that. They’ve We know that we have a bill that has little recovery we’ve been seeing, and said the matters the gentleman is talk- passed the Senate, a bill that the Presi- ing about are not tax increases. Those obviously it’s been very anemic. Eco- dent will sign, a bill that we virtually are spending through the Tax Code. nomic growth is just over 1 percent. agree on on both sides of the aisle. So We need to be the best country in the That spending was put into the stim- what really frustrates the American world. We need to have the strongest ulus bill. We know how unsuccessful citizens and the people in my district is country in the world. We need to have that was in lowering our unemploy- that we can’t come together. ment rate below 8 percent, as was the best Tax Code in the world. Raising I implore my colleagues on the other promised. taxes on one segment, one group of side, don’t plunge us further into this So at this time, I yield 2 minutes to dark abyss. Do the things that the Americans against another is not the the distinguished gentleman from New way to get America’s greatness back. wealthy amongst us have more than York (Mr. REED). the ability to shoulder and make sure I reserve the balance of my time. Mr. REED. I thank the chairman for that we all come together, as Ameri- Mr. LEVIN. I now yield 1 minute to yielding. the gentleman from New York (Mr. I rise in opposition to the substitute cans, and do the right thing on behalf CROWLEY). amendment that we’re debating here, of our constituents. That’s what the Mr. CROWLEY. Mr. Speaker, I rise in Mr. Speaker. The reason why is, it’s Lauren Mishkins want, that’s the kind support of the Democratic substitute clear the Democratic substitute of dream that we need to provide for all on this tax provision. amendment that we’re discussing is a American citizens, and that’s what this I have tremendous respect for Chair- further expansion of tax increases that country desperately needs—a Congress man CAMP and the members of the the Senate passed recently. I’m op- that will take leadership. Ways and Means Committee, but I posed to those tax increases. There are times when you need to would like to note that not a single one We’re dealing with a situation where step aside, and there are times when of my colleagues on the other side of the proposed amendment will raise the you need to step up. We need to step up the aisle refuted what I spoke about be- estate tax and take 55 percent of our as a Congress and pass this Democratic fore, about the fact that if the Repub- hardworking Americans’ assets when substitute. lican tax bill were to pass, as opposed they pass away. They are raising taxes Mr. CAMP. I yield 1 minute to the to the Democratic tax bill, there would on dividends and capital gains at a gentlewoman from Tennessee (Mrs. be an increase in taxes on 225,000 mili- time when senior citizens rely on those BLACK), a distinguished member of the tary men and women, many of whom most in these dire economic times. Ways and Means Committee. are in Active Duty overseas as we They also seek to raise taxes on those Mrs. BLACK. Mr. Speaker, as I have speak. making $200,000 to $250,000 and above. been back in the district talking to my I mentioned in my remarks that Raising taxes on those individuals goes constituents and visiting many of the under the Democratic bill, the EITC right to the heart of our small busi- businesses and the job creators in the rate, the earned income tax credit nesses across America, coast to coast, district, I have continued to hear from under the bill would afford a sergeant North to South. them that if we place one more tax in- in our Army today with 8 years of serv- In this dire economic time, I actually crease on them, they’re just not sure ice, married and with three children, agree with President Obama when he that they can survive. and has a basic pay of $34,723, would re- signed the tax rates in December 2010, Now these are good people that I go ceive under the Democratic plan an when he said, In dire economic times, to the grocery store with, that I go to EITC benefit of $3,508. we don’t raise taxes on Americans. church with. I know how hard they’re The SPEAKER pro tempore. The I just ask my colleagues to join me working, and I know how hard their time of the gentleman has expired. and say, Reject this substitute, freeze families are working in order to keep

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.091 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5591 businesses going within our commu- to give a bigger and better tax cut to by addressing spending so we are in- nity. And when we know that two out people making over $250,000 a year ,2 vesting in those initiatives that grow of every three jobs are created by a percent of the American people. In our economy. Pretty soon when we end small businessman or -woman, we im- order to do that, we greatly increase this debate, it will be around the time pact those very folks who are creating the deficit which would incur bor- when America’s families will sit down the jobs for so many people in the dis- rowing from other countries, including for dinner at the kitchen table or wher- trict. China. And to top it all off, in order to ever, and they will have these discus- I hear this over and over again. And give a tax cut to the wealthiest people sions about how they pay the bills, the they look at me and say, Diane, please in our country, we have to increase bills to stay in their home or their go back to Congress and please relay taxes for the middle class in order to apartment, wherever. Discussions on this to the Members of Congress, that pay for that. If you make over $1 mil- how they will pay for their children’s we need to make sure that we have the lion a year, the Republican tax pro- education, how their pensions are af- certainty and that we don’t impact posal will give you a tax cut of $160,000 fected by all of this. The list goes on them and their businesses so that they on average. And on average, America’s and on. have to close down and, once again, in- middle-income families would have to With one vote, we can alleviate that crease the amount of unemployment. pay $1,000 more in taxes. uncertainty. We’re not going to elimi- The SPEAKER pro tempore. The You know, we work for the American nate it, but we can lessen it. We have time of the gentlewoman has expired. people. You are our bosses. So as our that responsibility. Let’s not miss an Mr. CAMP. I yield the gentlewoman bosses, what would you instruct us to opportunity to do just that. an additional 30 seconds. do when it comes to reducing the def- So I thank you, Mr. LEVIN, for your Mrs. BLACK. My colleagues on the icit, giving a tax cut to 100 percent of leadership and members of the com- other side of the aisle do not have a the American people, which will inject mittee for all of your hard work. plan. Their plan is to increase the demand into the economy and there- Mr. CAMP. I reserve the balance of my time to close. taxes on this group of people. fore create jobs. So we are reducing the Mr. LEVIN. I yield myself the bal- Second to that are those who con- deficit. We’re creating jobs, and we’re ance of my time. tinue to say to me—especially those having fairness as a principle as to how There are a few undisputed facts. who are looking at planning for their we go forward. Small business—97 percent of small Make no mistake, by refusing to vote families for the future, of what they’re businesses will receive all of their tax going to leave for them—they’re not for the Senate-passed bill, House Re- cut. Don’t listen to the propaganda to going to be able to leave those things publicans are giving more tax breaks the contrary. Everyone will receive that they’ve worked so hard for be- to the richest 2 percent, tax breaks their tax cuts up to $250,000 of income. cause the estate taxes are going to go they don’t need and we can’t afford. At Don’t listen to propaganda that says up. the same time they cut taxes for the otherwise. And income over $1 million, We cannot do this to the people in rich, as I said, they would raise an av- for those who have that, would receive my district. I’m going to be here to erage of $1,000 on 25 million American under the Republican bill 70 times fight for that. families, families who rely on that more than the typical family. And Mr. LEVIN. I would ask my colleague money for day-to-day needs to pay when the two bills are combined, 150 from Michigan how many further re- their bills. That isn’t fair, and Demo- times more than the typical family. quests for time do you have left? crats will fight to prevent these tax in- Let me say just a word about tax re- Mr. CAMP. I am prepared to close. creases on middle-income families in form, which I favor. It’s being used as Mr. LEVIN. It’s now my privilege to order to give a tax break to the an argument for inaction. But, look, yield 1 minute to the gentlelady from wealthiest people in our country. let’s be realistic. No matter who con- California, our distinguished leader. Today is a day when we can end some trols the Congress next year, there Ms. PELOSI. I thank the gentleman uncertainty. People talk about the won’t be tax reform until maybe the for yielding. I also thank him for his cliff. We are going to go over the cliff spring or the summer. So are you going legislation on the floor today, to come January. Let’s not even go any- to use that same argument for tax re- strengthen the backbone of our democ- where near the edge of that cliff. Let’s form, say, in a lame duck against mid- racy, the great American middle class. pass this bill today. It will save just dle-income tax cuts? Or in January, are Today we can do just that by passing under $1 trillion because we’re not giv- you going to use the same argument? President Obama’s middle-income tax ing those tax cuts to the high end. Are you going to use tax reform as a cut, which is on the floor today as the That is almost all the money that is shield to protect the high-income tax- Levin substitute. It has already passed needed to avoid the sequestration come payer? In a word, the Republican bill is the Senate and could be signed into law January. So again, we are addressing a path to nowhere for middle-income by the President before the weekend. the uncertainty not only in the lives of taxpayers. We have an opportunity. We have an the American people, but in the life of Our substitute is a sure path. Pass it. opportunity to give a tax cut to 100 our economy. The Senate already has. The President percent of the American people. We Or today is the day that Republicans will sign it. Act now. Vote for the sub- have an opportunity to relieve some of will continue to hold the middle class stitute. the uncertainty that exists in our hostage to tax cuts for the wealthiest I yield back the balance of my time. economy as to how we are going to pay people in our country. Mr. CAMP. Mr. Speaker, I yield my- the bills and how America’s working I urge my colleagues to join Mr. self the balance of my time. families are going to pay the bills. LEVIN, join the President of the United Mr. Speaker, as I travel around We have an opportunity for fairness, States, join all of us. There isn’t a per- Michigan and my district, the Fourth which is an all-American value, for son in this room, in this body, I think, Congressional District of Michigan, I fairness for our families, for our busi- who doesn’t support tax cuts for the often hear from many families that nesses, and for our budget. We must middle class. Why can’t we just do they think America is at a crossroads. not—as some people always accuse that, do what we can agree upon right They really question is the American Congress of doing—miss an oppor- now, tax cut by the weekend, alle- Dream, is that dream that their chil- tunity. viating uncertainty for our economy as dren and grandchildren are going to we go forward, and then we can have a have the opportunities that they had, b 1700 debate about what a Tax Code should is that dream still alive for their kids We have to take advantage of the op- look like that has fairness, simplifica- and their grandkids? The reason they portunity that is here today. The bill tion, and again keeps us competitive, ask that is because we’ve been on the provides for fairness for the middle innovative, and, number one, allows economic path that the majority has class and certainty, as I mentioned. the private sector to create jobs. established for the last 3 years, and The Republican alternative says not Again, jobs, jobs, jobs. we’ve seen the slowest recovery from only do we want to give 100 percent of We will reduce that deficit by having any recession since the Great Depres- the American people a tax cut; we want additional revenue, by creating growth, sion. Unemployment is still too high. I

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.093 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5592 CONGRESSIONAL RECORD — HOUSE August 1, 2012 think maybe being from Michigan, I’m I yield back the balance of my time. needed extension of the tax relief and unem- particularly sensitive to that because Ms. JACKSON LEE of Texas. Mr. Speaker. ployment benefits set to expire at the end of we’ve had tough times for more than a I rise in strong support of H.R. 15, and ask my this month. decade. We need to get people back to colleagues on both sides of the aisle to come The Republican bill temporarily extends for work. We need to get jobs growing in together in support of H.R. 15, the Democratic one year, through 2013, all the reduced tax this country. alternative offered by our colleague from the rates and other tax benefits enacted in 2001 There’s really a choice: Which path Ways and Means Committee, Mr. LEVIN. and 2003 that are scheduled to expire on Dec. are we going to be on? Which road are I have consistently supported and voted for 31. The measure maintains the maximum es- we going to take? Which lane are we middle class tax cuts, as I did two years ago tate tax rate of 35% while retaining the ex- going to be in? Are we going to be in when I voted for the Middle Class Tax Relief emption amount of $5 million, provides a two- the lane where we just simply raise Act of 2010, and the extension of unemploy- year ‘‘patch’’ to prevent the alternative min- taxes? No matter what segment it is, I ment benefits. imum tax (AMT) from hitting over 27 million don’t care, just name the segment, but The intelligent Democratic substitute offered taxpayers and allows small businesses to de- one that we know will cost us 700,000 by my Ways and Means colleague temporarily duct an increased amount of their capital ex- jobs? extends for one year, through 2013, the re- penditures for another year. Or will we go down a path where we duced tax rates and other tax benefits enacted I feel like we have been down this path be- extend current law for 1 year, as many in 2001 and 2003 that expire on Dec. 31—but fore and I recall many of my colleagues stak- bipartisan experts have called for. Even only for income levels below $250,000 for joint ing a claim to fiscal responsibility. Well, I ask President Bill Clinton has called for it. tax returns and $200,000 for individuals. This in all sincerity, which bill is more fiscally re- The President’s former economic ad- is smart tax policy which acknowledges the sponsible: H.R. 8, which blows a hole in the viser, Larry Summers, has said let’s deficit problem but does not squelch tax bene- deficit, or H.R. 15, the Democratic alternative extend current law for a year. Let’s fits for those most in need. which keeps the Bush Tax rates in place for take the uncertainty out. And in the 20 It also extends the expanded education tax the people who truly need tax relief. hearings we’ve had on tax reform this credit, child tax credit and earned income tax This is the same Republican Congress year in the Ways and Means Com- credit benefits that were included in the 2009 which has asked for a balanced budget mittee, so many employers, so many stimulus law and extended in the 2010 tax ex- amendment. It has codified the Joint Select tax experts, so many independent tension law; those provisions unfortunately are Committee on Deficit Reduction, which is pos- groups have come forward and said the not included in H.R. 8. sibly unconstitutional, and has had no impact uncertainty of all of this expiring tax On the other hand, the Democratic proposal on jobs and the unemployment problem. Yet policy is causing a huge problem. does the following: today they want us to vote on a tax increase And my friends would say, well, if TEMPORARY EXTENSION OF TAX RELIEF for the top 2 percent. This illustrates what hap- only we’d raise taxes on people and pens when Congress does not work together small businesses and others who make One-year extension of marginal individual in a bipartisan manner, laboring for the Amer- $250,000, that’ll solve our problems. income tax rate reductions for middle-class ican people. We must work together and com- Well, it won’t. It’s just a piece of it. taxpayers. promise. The Tax Code is so complex, with 5,000 One-year extension of repeal of the overall The Senate gave us a layup by producing a changes over the last decade. I often limitation on itemized deductions (‘‘Pease’’) bill last week which is virtually identical to the say it’s 10 times larger than the Bible, and the personal exemption phase-out Democratic Substitute. All we have to do is act with none of the good news. (‘‘PEP’’) for middle-class taxpayers. The burden that this Tax Code is One-year extension of EGTRRA and ARRA like Olympians and pass it. The American people are asking the Presi- placing on our economy, it’s a huge improvements to child tax credit. dent and Members of Congress to move swift- wet blanket. Our GDP growth is just One-year extension of marriage penalty re- ly and take decisive action to help restore our barely over 1 percent, the gross domes- lief for middle-class taxpayers. tic product. Our economy is not grow- One-year extension of earned income tax economy in a fiscally responsible manner. I ing enough; and if we don’t grow our credit simplification and increase. am disappointed that Republicans have in- economy, we can’t create the jobs that One-year extension of education tax incen- sisted on holding tax cuts for working and mid- we need so desperately. tives. dle class families hostage in order to benefit One-year extension of tax benefits for fami- the wealthiest 2% of Americans. b 1710 lies and children. I would like to thank President Obama for Let’s work together. Let’s pass this One-year extension of reduced maximum his determined leadership, support and com- 1-year extension. Tomorrow, we have a rate for capital gains and qualified dividend in- mitment to protecting important tax relief package that will lay out our prin- come for middle-class taxpayers. issues for middle-income Americans and the ciples for comprehensive tax reform One-year extension of the American Oppor- nation’s small businesses and farmers during that will also lay out a process to expe- tunity Tax Credit (‘‘AOTC’’). One-year exten- these challenging economic times. I would dite this next year in the House and sion of enhanced small business expensing. also like to thank all the Members and their Senate. We’ve been working with the The measure provides a one-year ‘‘patch’’ staff who worked diligently to bring this essen- Senate to establish these procedures. to prevent the alternative minimum tax (AMT) tial legislation to the House floor today in an They will go through regular com- from affecting millions of additional taxpayers attempt to do all that we can to protect the mittee in an open and transparent way, and allows small businesses to deduct an in- American people and move this nation toward not just roll a bill out on the floor and creased amount of their capital expenditures fiscally responsible economic recovery. say, oh, if we only ding that one seg- for another year. It does not extend current I support those provisions of H.R. 8 which ment, things will be okay. Let’s do this estate tax provisions, which set a maximum provide relief for middle-class families and the right way. estate tax rate of 35% with an exemption small businesses who will see their taxes go This is the greatest country in the amount of $5 million. down and get much needed certainty. But I world. Let’s make this the greatest I am deeply saddened that the fate of un- cannot in good conscience support tax relief economic power in the world. Let’s re- employed, low and middle income Americans for millionaires and billionaires at a time when form our Tax Code for the first time in has been held hostage by the insistence by others need help just to make ends meet. 26 years. Let’s make it a pro-growth, Republicans that this legislation include a Unlike those provisions of H.R. 8 which ben- modern code that lets our U.S. compa- giveaway to the wealthiest 2% of Americans efit America’s struggling middle class, I do not nies compete around the world, lowers that is going to irresponsibly expand the al- support the provisions of this legislation which its rates and makes it simpler for peo- ready large deficit. condition that desperately needed relief upon ple to file their taxes, lessens that bur- I have spoken to and heard from many fine, the unconscionably high cost of providing an den, lessens that uncertainty and cre- patriotic, hardworking middle income Ameri- unnecessary, expensive giveaway to the ates 1 million jobs in the first year cans from Houston, from the great state of wealthiest Americans by providing a two year alone. Texas, and all across the nation. Middle class extension of Bush-era tax cuts for the wealthi- It’s very clear which path we need to American families and small businesses are est 2% of Americans while keeping their es- choose. Reject this substitute. Support deeply concerned about our troubled econ- tate tax rate at 35% on estates valued at more H.R. 8. Get on the right path. Get on omy, the skyrocketing national deficit, high un- than $5 million for individuals and more than the path to job creation. employment rates, job creation, and sorely $10 million for couples.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4634 Sfmt 9920 E:\CR\FM\K01AU7.095 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5593 These giveaways to the wealthiest Ameri- penses of up to $250. The educator expense Tax expenditures also reduce the econo- cans during these dire economic times need- deduction allows teachers to write off some my’s productivity because decisions on earn- lessly add billions of dollars to our sky- expenses that they incur to provide books, ing, spending, and investment are driven by rocketing deficit yet create no value for our ail- supplies, and other equipment and materials tax considerations rather than the price signals ing economy since these tax cuts are not tied for their classrooms. I introduced this amend- that a well-balanced, and fair free market to job creation and preservation. ment and would like to acknowledge the work economy produces. These expenditures, ESTATE TAX AMENDMENT of my colleagues who have put forth legisla- whether for individuals or corporations, are I offered an amendment that would have set tion advocating this deduction. America’s really no different than the much ballyhooed the Estate Tax at reasonable levels. My teachers from Texas to Maine to Florida to entitlement programs, but they have cute amendment would have allowed estates val- Washington deserve our renewed appreciation names and fancy lobbyists. ued at $3.5 million or less to pay 35 percent, for their commitment to educating future gen- Moreover, tax expenditures make the tax estates valued between $3.5 million and $10 erations. system excessively complex for honest tax- million to pay a 45 percent rate, and estates Our children should not have to suffer be- payers who are trying to comply with the law over $10 million to pay a 55 percent rate. This cause our teachers are given a Hobson’s while seeking the benefits to which they are commonsense amendment would have re- Choice, forced to choose between using their legally entitled. stored a sense of fairness to H.R. 8. Accord- own finances to effectively teach a class or The system is so complex that most tax- ing to the Center on Budget and Policy Prior- forced to cut corners due to budgetary restric- payers even those with low incomes now use ities, the 2009 estate tax rules already are ex- tions. We promote an increased quality of either a professional tax preparer or tax soft- tremely generous, tilting in favor of the education by lessening the financial burden on ware. A one-page form shouldn’t require a tax wealthy. The Tax Policy Center estimates that them when they are trying to go above and preparer who earns a percentage of the re- beyond their responsibilities is certainly war- if policymakers reinstated the 2009 rules: turn, or a fee. It is not justifiable, especially The estates of 99.7 percent of Americans ranted. when some commentators like to point out While I am opposed to the portions of H.R. who die would owe no estate tax at all in that a number of taxpayers pay no tax—well 8 that amount to an expensive giveaway to 2013. Only the estates of the wealthiest 0.29 they somehow conveniently forget to mention the wealthiest 2% of Americans, I want to em- percent of Americans who die—about 7,450 that these tax scofflaws making $30,000 dol- phasize that I fully support job-creation and people nationwide in 2013—would owe any lars a year more than make up for it with a job creators. I also support President Obama’s tax. long list of regressive taxes at the state and Moreover, under the 2009 rules, the small vision for change. I share his commitment to local level. fighting for low- and middle-income Americans number of estates that were taxable would The alternative minimum tax, or AMT, was who are the backbone of this country and our face an average effective tax rate of 19.1 per- initially designed to ensure that all high-in- economy. cent, far below the statutory estate-tax rate of come taxpayers paid some income tax, has However, this legislation, H.R. 8, especially become the poster child for the tax system’s 45 percent. In other words, 81 percent of the as it pertains to tax cuts for the top 2% of failure, requiring Congress to enact increas- value of these estates would remain after the Americans and estate tax provisions that are ingly expensive temporary patches to prevent tax, on average. An estate tax that exempts regressive and inflate the deficit, does not the AMT from encroaching on millions of mid- the estates of 997 of every 1,000 people who comport with this vision. I have serious mis- dle class households particularly those with die and leaves in place an average of 81 per- givings about extending tax cuts for the children, in a web of pointless high tax rates, cent of the very wealthiest estates is hardly a wealthiest Americans at the expense of our complexity, and unfairness. confiscatory or oppressive tax. deficit, especially if these tax cuts are not tar- On the deficit reduction front it is important Moreover, only 60 small farm and business geted towards job creation. to remember the economic crisis that the estates in the entire country would owe any DEFICIT AND TAXATION President inherited. I remember back in 2008 estate tax in 2013, under a reinstatement of You may recall that in the Budget, the Ad- and 2009, when we experienced the worst re- the 2009 rules, and these estates would face ministration calls for individual tax reform that: cession since the Great Depression. The an average effective tax rate of just 11.6 per- cuts the deficit by $1.5 trillion, including the economy actually contracted, it shrunk, at a cent. Failing to tie tax cuts to job creation is expiration of the high-income 2001 and 2003 rate of almost 9 percent in the fourth quarter irresponsible since it exacerbates our growing tax cuts. As a matter of sound fiscal policy, I of 2008. deficit without bolstering job creation. am supportive of this 15 effort. I recognize the We lost 800,000 private-sector jobs in Janu- My amendment does not address the step- putative economic benefits that many attribute ary of 2009 alone, and unemployment was up in basis. The exemption level and rate are to the Bush Tax Cuts, but we must ask our- surging. Those are the conditions the Presi- consistent with parts of the estate tax proposal selves are they affordable? There is no dent inherited—the car was swerving into the included in the President’s FY2010 and amount of dynamic scoring that will help pene- ditch. He was not the driver, but he was asked FY2011 Budgets and H.R 16, the intelligent trate the deficit. to come in on literally his first day of office, estate tax proposal being put forth by my col- The President’s budget also eliminated inef- roll-up his sleeves and figure out how to pre- league Mr. LEVIN of the Ways and Means ficient and unfair tax breaks for millionaires vent the car from rolling farther down the hill. Committee. while making all tax breaks at least as good If you’ll recall we also faced a housing market CLASSROOM EXPENSE DEDUCTION AMENDMENT for the middle class as for the wealthy; and that was in crisis, and we faced a financial My second amendment would have pro- observes the Buffett Rule that no household market crisis as well that threatened to set off vided tax relief to school teachers by providing making more than $1 million a year pays less a global financial collapse. We have come a them a deduction for qualified out-of-pocket than 30 percent of their income in taxes. long way since then yet there is more work to classroom expenses of $250 dollars, whether The individual income tax is a hodgepodge be done. or not they itemize their deductions. You may of deductions, exemptions, and credits that The cloud looming over this Congress is an recall Mr. Speaker that the President included provide special benefits to selected groups of unintended ‘‘triple-witching hour’’ of tax in- this proposal in his Budget for Fiscal Year taxpayers and favored forms of consumption creases and Sequestration measures that will 2013. and investment. These tax preferences make take effect at the beginning of 2013. I understand the tremendous personal costs the income tax unfair because they can im- The expiration of the Bush Tax Cuts, the incurred by educators with little or no class- pose radically different burdens on two dif- end of the recently extended Payroll Tax Cut, room budget. According to a 2006 National ferent taxpayers with the same income. In es- and increases in capital gains and dividends School Supply and Equipment Association Re- sence, Congress has been picking winners taxation will shock the conscience and wallets tail Awareness Study, teachers spend an aver- and losers. of the American people. That is why Congress age of $493 out of pocket on school supplies There is absolutely no justification for huge needs to enact bi-partisan legislation that for their own classrooms. tax cuts. The wealthiest tax brackets should helps lower the deficit but does not wreck 7 percent of teachers surveyed said they not profit at the expense of programs keeping havoc on the financial soul of the middle plan to spend more than $1,000 of their per- struggling families from poverty. class. sonal finances on supplies. As education Bear in mind, the Republican’s 2012 budget But again, tax reform that lowers the rate, budgets face major shortfalls in the recession, cut $2 trillion dollars more than President reduces the deficit, and does not pick winners that amount is expected to increase signifi- Obama’s Debt Commission advised, and and losers is not easy, but let’s not forget, if cantly. those cuts come from vital social services and President Reagan and then-Speaker Tip Beginning in 2002 the IRS allowed for an safety nets for low income families, children O’Neill could do it in 1986, anything is pos- above-the-line deduction for classroom ex- and seniors. sible.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4634 Sfmt 9920 E:\CR\FM\A01AU7.069 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5594 CONGRESSIONAL RECORD — HOUSE August 1, 2012 The so-called ‘‘99ers’’ have been sincerely Watt Welch Woolsey b 1737 Waxman Wilson (FL) Yarmuth looking for work for a very long time and have Messrs. JONES and JOHNSON of run out of resources to provide for their fami- NAYS—257 Ohio changed their vote from ‘‘yea’’ to lies and pay their mortgages, pay their bills Adams Gohmert Owens ‘‘nay.’’ and buy food. They simply want and need a Aderholt Goodlatte Palazzo Ms. EDWARDS, Ms. HAHN, Mrs. job to pay for these obligations. H.R. 8 pro- Alexander Gosar Paul DAVIS of California, and Messrs. ELLI- poses to give tax cuts to the wealthiest Ameri- Altmire Gowdy Paulsen SON, HINCHEY, and MORAN changed cans, yet fails to provide for the so-called Amash Granger Pearce Amodei Graves (GA) Pence their vote from ‘‘nay’’ to ‘‘yea.’’ ‘‘99ers.’’ Austria Graves (MO) Peterson So the amendment was rejected. H.R. 8 unfortunately is not ready for prime- Bachmann Griffin (AR) Petri The result of the vote was announced time. Let us come together for the American Bachus Griffith (VA) Pitts as above recorded. people and pass the Levin Substitute—a bill Barletta Grimm Platts The SPEAKER pro tempore. The which has already passed in the Senate. Barrow Guinta Poe (TX) question is on the engrossment and Bartlett Guthrie Pompeo The SPEAKER pro tempore. All time Barton (TX) Hall Posey third reading of the bill. for debate has expired. Bass (NH) Hanna Price (GA) The bill was ordered to be engrossed Pursuant to the rule, the previous Benishek Harper Quayle and read a third time, and was read the question is ordered on the bill and on Berg Harris Reed third time. Biggert Hartzler Rehberg MOTION TO RECOMMIT the amendment offered by the gen- Bilbray Hastings (WA) Reichert tleman from Michigan (Mr. LEVIN). Bilirakis Hayworth Renacci Mr. DEFAZIO. Mr. Speaker, I have a The question is on the amendment Bishop (UT) Heck Ribble motion to recommit at the desk. offered by the gentleman from Michi- Black Hensarling Rigell The SPEAKER pro tempore. Is the Blackburn Herger Rivera gentleman opposed to the bill? gan. Bonner Herrera Beutler Roby The question was taken; and the Mr. DEFAZIO. Yes, I am. Bono Mack Huelskamp Roe (TN) The SPEAKER pro tempore. The Speaker pro tempore announced that Boren Huizenga (MI) Rogers (AL) the noes appeared to have it. Boustany Hultgren Rogers (KY) Clerk will report the motion to recom- Mr. LEVIN. Mr. Speaker, on that I Brady (TX) Hunter Rogers (MI) mit. Brooks Hurt Rohrabacher The Clerk read as follows: demand the yeas and nays. Broun (GA) Issa Rokita Mr. DeFazio moves to recommit the bill The yeas and nays were ordered. Buchanan Jenkins Rooney H.R. 8 to the Committee on Ways and Means Bucshon Johnson (IL) Ros-Lehtinen The vote was taken by electronic de- with instructions to report the same back to vice, and there were—yeas 170, nays Buerkle Johnson (OH) Roskam Burgess Johnson, Sam Ross (AR) the House forthwith with the following 257, not voting 3, as follows: Burton (IN) Jones Ross (FL) amendment: [Roll No. 543] Calvert Jordan Royce Add at the end of the bill the following: Camp Kelly Runyan SEC. 6. FINDINGS. YEAS—170 Campbell King (IA) Ryan (WI) Congress finds the following: Ackerman Frank (MA) Moran Canseco King (NY) Scalise (1) Section 2 of this Act (H.R. 8) extends Andrews Fudge Murphy (CT) Cantor Kingston Schilling tax cuts for millionaires instead of helping Baca Garamendi Nadler Capito Kinzinger (IL) Schmidt small businesses with tax cuts to invest in Baldwin Gonzalez Napolitano Carter Kissell Schock Barber Green, Al Neal the future and create jobs. Cassidy Kline Schrader (2) Small businesses would be better served Bass (CA) Green, Gene Olver Chabot Labrador Schweikert Becerra Grijalva by ending tax breaks for millionaires and in- Pallone Chaffetz Lamborn Scott (SC) Berkley Gutierrez Pascrell Chandler Lance Scott, Austin stead using that revenue to expand the small Berman Hahn Pastor (AZ) Coble Landry Sensenbrenner business expensing provision, which fosters Bishop (GA) Hanabusa Pelosi Coffman (CO) Lankford Sessions investment in new plants and equipment. Bishop (NY) Hastings (FL) Perlmutter Blumenauer Heinrich Cole Latham Shimkus (3) This Act (H.R. 8) fails to extend expan- Peters Conaway LaTourette Shuler sions to the Child Tax Credit and the Earned Bonamici Higgins Pingree (ME) Cooper Latta Shuster Income Tax Credit, and it fails to extend al- Boswell Himes Polis Costa Lewis (CA) Simpson Brady (PA) Hinchey Price (NC) together the American Opportunity Tax Braley (IA) Hinojosa Cravaack LoBiondo Smith (NE) Quigley Credit. This tax relief encourages work, has Brown (FL) Hirono Crawford Long Smith (NJ) Rahall lifted millions of Americans into the middle Butterfield Hochul Crenshaw Lucas Smith (TX) Rangel class, and helps middle class families pay for Capps Holden Cuellar Luetkemeyer Southerland Reyes the costs of higher education. Capuano Holt Culberson Lummis Richardson Stearns Carnahan Honda Denham SEC. 7. APPLICATION OF EXTENSION OF 2001 AND Richmond Lungren, Daniel Stivers Carney Hoyer Dent 2003 TAX RELIEF TO CERTAIN HIGH- Rothman (NJ) E. Stutzman Carson (IN) Israel DesJarlais INCOME TAXPAYERS. Roybal-Allard Mack Sullivan Castor (FL) Jackson Lee (a) APPLICATION OF EXTENSION OF 2001 TAX Ruppersberger Diaz-Balart Manzullo Terry Chu (TX) Dold Marchant Thompson (CA) RELIEF.— Cicilline Johnson (GA) Rush Donnelly (IN) Marino Thompson (PA) (1) TREATMENT OF 25-, 28-, AND 33-PERCENT Clarke (MI) Johnson, E. B. Ryan (OH) Sa´ nchez, Linda Dreier Matheson Thornberry RATE BRACKETS.—Paragraph (2) of section 1(i) Clarke (NY) Kaptur Duffy McCarthy (CA) Clay Keating T. Tiberi of the Internal Revenue Code of 1986 is Duncan (SC) McCaul Cleaver Kildee Sanchez, Loretta Tipton amended to read as follows: Duncan (TN) McClintock Clyburn Kind Sarbanes Turner (NY) ‘‘(2) 25-, 28-, AND 33-PERCENT RATE BRACK- Ellmers McHenry Cohen Kucinich Schakowsky Turner (OH) ETS.—The tables under subsections (a), (b), Emerson McIntyre Connolly (VA) Langevin Schiff Upton Farenthold (c), (d), and (e) shall be applied— Conyers Larsen (WA) Schwartz McKeon Walberg Scott (VA) Fincher McKinley ‘‘(A) by substituting ‘25%’ for ‘28%’ each Costello Larson (CT) Walden place it appears (before the application of Courtney Lee (CA) Scott, David Fitzpatrick McMorris Walsh (IL) subparagraph (B)), Critz Levin Serrano Flake Rodgers Walz (MN) Crowley Lewis (GA) Sewell Fleischmann McNerney Webster ‘‘(B) by substituting ‘28%’ for ‘31%’ each Cummings Lipinski Sherman Fleming Meehan West place it appears, and Sires Davis (CA) Loebsack Flores Mica Westmoreland ‘‘(C) by substituting ‘33%’ for ‘36%’ each Slaughter Davis (IL) Lofgren, Zoe Forbes Miller (FL) Whitfield place it appears.’’. Smith (WA) DeFazio Lowey Fortenberry Miller (MI) Wilson (SC) (2) 35-PERCENT RATE BRACKET.—Subsection ´ Speier Foxx Miller, Gary DeGette Lujan Wittman (i) of section 1 of such Code is amended by re- DeLauro Lynch Stark Franks (AZ) Mulvaney Wolf designating paragraph (3) as paragraph (4) Deutch Maloney Sutton Frelinghuysen Murphy (PA) Womack Dicks Markey Thompson (MS) Gallegly Myrick and by inserting after paragraph (2) the fol- Woodall Dingell Matsui Tierney Gardner Neugebauer lowing new paragraph: Yoder Doggett McCarthy (NY) Tonko Garrett Noem ‘‘(3) 35-PERCENT RATE BRACKET.— Young (AK) Doyle McCollum Towns Gerlach Nugent ‘‘(A) IN GENERAL.—In the case of taxable Young (FL) Edwards McDermott Tsongas Gibbs Nunes years beginning after December 31, 2012— Young (IN) Ellison McGovern Van Hollen Gibson Nunnelee ´ ‘‘(i) the rate of tax under subsections (a), Engel Meeks Velazquez Gingrey (GA) Olson Eshoo Michaud Visclosky (b), (c), and (d) on a taxpayer’s taxable in- come in the highest rate bracket shall be 35 Farr Miller (NC) Wasserman NOT VOTING—3 Fattah Miller, George Schultz percent to the extent such income does not Filner Moore Waters Akin Cardoza Jackson (IL) exceed an amount equal to the excess of—

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.070 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5595 ‘‘(I) the applicable amount, over by inserting after subparagraph (B) the fol- section (b)(3) shall apply to amounts paid on ‘‘(II) the dollar amount at which such lowing new subparagraphs: or after January 1, 2013. bracket begins, and ‘‘(C) 15 percent of the lesser of— SEC. 8. ADDITIONAL INCREASE IN SMALL BUSI- ‘‘(ii) the 39.6 percent rate of tax under such ‘‘(i) so much of the adjusted net capital NESS EXPENSING. subsections shall apply only to the tax- gain (or, if less, taxable income) as exceeds (a) IN GENERAL.—Section 179(b) of the In- payer’s taxable income in such bracket in ex- the amount on which a tax is determined ternal Revenue Code of 1986, as amended by cess of the amount to which clause (i) ap- under subparagraph (B), or section 3, is further amended— plies. ‘‘(ii) the excess (if any) of— (1) by striking ‘‘$100,000’’ in paragraph ‘‘(B) APPLICABLE AMOUNT.—For purposes of ‘‘(I) the amount of taxable income which (1)(D) and inserting ‘‘$1,000,000’’, this paragraph, the term ‘applicable amount’ would (without regard to this paragraph) be (2) by striking ‘‘$400,000’’ in paragraph means the excess of— taxed at a rate below 39.6 percent, over (2)(D) and inserting ‘‘$5,000,000’’, and ‘‘(i) the applicable threshold, over ‘‘(II) the sum of the amounts on which a (3) by striking paragraph (6). ‘‘(ii) the sum of the following amounts in tax is determined under subparagraphs (A) (b) EFFECTIVE DATE.—The amendments effect for the taxable year: and (B), made by this section shall apply to taxable ‘‘(I) the basic standard deduction (within ‘‘(D) 20 percent of the adjusted net capital years beginning after December 31, 2012. the meaning of section 63(c)(2)), and gain (or, if less, taxable income) in excess of Mr. DEFAZIO (during the reading). ‘‘(II) the exemption amount (within the the sum of the amounts on which tax is de- Mr. Speaker, I ask unanimous consent meaning of section 151(d)(1) (or, in the case termined under subparagraphs (B) and (C),’’. that reading of the motion be sus- of subsection (a), 2 such exemption (2) MINIMUM TAX.—Section 55 of such Code amounts). is amended by adding at the end the fol- pended. ‘‘(C) APPLICABLE THRESHOLD.—For purposes lowing new subsection: The SPEAKER pro tempore. Is there of this paragraph, the term ‘applicable ‘‘(f) 20-PERCENT CAPITAL GAINS RATE FOR objection to the request of the gen- threshold’ means— CERTAIN HIGH INCOME INDIVIDUALS.— tleman from Oregon? ‘‘(i) $1,000,000 in the case of subsection (a), ‘‘(1) IN GENERAL.—In the case of any indi- Mr. CAMP. I object. (b), and (c), and vidual, if the taxpayer’s taxable income for The SPEAKER pro tempore. Objec- 1 ‘‘(ii) ⁄2 the amount applicable under clause the taxable year exceeds the applicable tion is heard. (i) (after adjustment, if any, under subpara- amount determined under section 1(i) with The Clerk will read. graph (E)) in the case of subsection (d). respect to such taxpayer for such taxable The Clerk continued to read. ‘‘(D) HIGHEST RATE BRACKET.—For purposes year, the amount determined under para- of this paragraph, the term ‘highest rate Mr. DEFAZIO (during the reading). I graph (2) shall be substituted for the amount bracket’ means the bracket which would (de- ask unanimous consent that further determined under subsection (b)(3)(C) for termined without regard to this paragraph) reading be suspended. purposes of determining the taxpayer’s ten- be the 39.6-percent rate bracket. The SPEAKER pro tempore. Is there tative minimum tax for such taxable year. ‘‘(E) INFLATION ADJUSTMENT.—For purposes ‘‘(2) DETERMINATION OF 20-PERCENT CAPITAL objection? of this paragraph, with respect to taxable GAINS RATE.—The amount determined under Without objection, the reading is dis- years beginning in calendar years after 2012, this paragraph is the sum of— pensed with. the dollar amount in subparagraph (C)(i) ‘‘(A) 15 percent of the lesser of— There was no objection. shall be adjusted in the same manner as ‘‘(i) so much of the adjusted net capital The SPEAKER pro tempore. Under under paragraph (1)(C), except that sub- section (f)(3)(B) shall be applied by sub- gain (or, if less, taxable excess) as exceeds the rule, the gentleman from Oregon is stituting ‘2008’ for ‘1992’.’’. the amount on which tax is determined recognized for 5 minutes in support of under subsection (b)(3)(B), or (3) OVERALL LIMITATION ON ITEMIZED DEDUC- his motion. ‘‘(ii) the excess described in section TIONS.—Section 68 of such Code is amended— Mr. DEFAZIO. This is the final (A) by striking ‘‘the applicable amount’’ 1(h)(1)(C)(ii), plus amendment to the bill. It won’t kill the first place it appears in subsection (a) ‘‘(B) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the bill or send it back to committee. and inserting ‘‘the applicable threshold in ef- If adopted, the bill will be immediately fect under section 1(i)(3)’’, the sum of the amounts on which tax is de- (B) by striking ‘‘the applicable amount’’ in termined under subparagraph (A) and sub- amended and will proceed to final pas- subsection (a)(1) and inserting ‘‘such applica- section (b)(3)(B).’’. sage. ble threshold’’, (3) CONFORMING AMENDMENTS.— It’s a pretty simple amendment. It (C) by striking subsection (b) and redesig- (A) The following provisions are each would create a tax break for the real nating subsections (c), (d), and (e) as sub- amended by striking ‘‘15 percent’’ and insert- job creators in America, which are sections (b), (c), and (d), respectively, and ing ‘‘20 percent’’: small businesses and middle-income (D) by striking subsections (f) and (g). (i) Section 531 of the Internal Revenue Code of 1986. families. A middle-income person with (4) PHASEOUT OF DEDUCTIONS FOR PERSONAL a job or a small business and enough EXEMPTIONS.— (ii) Section 541 of such Code. money to go out and invest and buy (A) IN GENERAL.—Paragraph (3) of section (iii) Section 1445(e)(1) of such Code. 151(d) of such Code is amended— (iv) The second sentence of section products made in America for his busi- (i) by striking ‘‘the threshold amount’’ in 7518(g)(6)(A) of such Code. ness—that’s a key component of this— subparagraphs (A) and (B) and inserting ‘‘the (v) Section 53511(f)(2) of title 46, United would be allowed an expensing. applicable threshold in effect under section States Code. The Republican version of the bill 1(i)(3)’’, (B) Section 1445(e)(6) of the Internal Rev- would limit the expensing to small (ii) by striking subparagraph (C) and redes- enue Code of 1986 is amended by striking ‘‘15 businesses to $100,000 a year for the ignating subparagraph (D) as subparagraph percent (20 percent in the case of taxable years beginning after December 31, 2010)’’ purchases of new equipment made in (C), and America. If this amendment is adopted, (iii) by striking subparagraphs (E) and (F). and inserting ‘‘20 percent’’. (B) CONFORMING AMENDMENTS.—Paragraph (c) APPLICATION OF SUNSETS.— those same small businesses would be (4) of section 151(d) of such Code is amend- (1) APPLICATION OF EGTRRA SUNSET.—Each allowed to expense up to $1 million to ed— amendment made by subsection (a) shall be purchase products made in America, (i) by striking subparagraph (B), subject to title IX of the Economic Growth which would put people back to work. (ii) by redesignating clauses (i) and (ii) of and Tax Relief Reconciliation Act of 2001 to Now, I know we’re going to hear of subparagraph (A) as subparagraphs (A) and the same extent and in the same manner as the millionaires and billionaires be- (B), respectively, and by indenting such sub- if such amendment was included in title I of cause this tax increase, or restoration such Act. paragraphs (as so redesignated) accordingly, of the Clinton era rates, would only and (2) APPLICATION OF JGTRRA SUNSET.—Each (iii) by striking all that precedes ‘‘in a cal- amendment made by subsection (b) shall be apply to incomes over $1 million. So a endar year after 1989,’’ and inserting the fol- subject to section 303 of the Jobs and Growth millionaire still gets the break on the lowing: Tax Relief Reconciliation Act of 2003 to the first $1 million. It’s only on income ‘‘(4) INFLATION ADJUSTMENT.—In the case of same extent and in the same manner as if over $1 million that would go to the any taxable year beginning’’. such amendment was included in title III of Clinton era rates. (b) APPLICATION OF EXTENSION OF 2003 TAX such Act. They’ll say they’re the job creators RELIEF.— (d) EFFECTIVE DATES.— and that it would depress job creation. (1) 20-PERCENT CAPITAL GAINS RATE FOR CER- (1) IN GENERAL.—Except as otherwise pro- Let’s think back to the Clinton admin- TAIN HIGH INCOME INDIVIDUALS.—Paragraph vided in this subsection, the amendments (1) of section 1(h) of the Internal Revenue made by this section shall apply to taxable istration. We had a 39.6 percent top Code of 1986 is amended by striking subpara- years beginning after December 31, 2012. bracket on the millionaires and billion- graph (C), by redesignating subparagraphs (2) WITHHOLDING.—The amendments made aires. We had 3.8 percent unemploy- (D) and (E) as subparagraphs (E) and (F) and by subparagraphs (A)(iii) and (B) of sub- ment in the United States of America,

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.051 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5596 CONGRESSIONAL RECORD — HOUSE August 1, 2012 and we paid down debt for the first to reduce the deficit? We’ll just see Moran Rothman (NJ) Sutton time since the Eisenhower administra- more wasteful Washington spending. Murphy (CT) Roybal-Allard Thompson (CA) Nadler Ruppersberger Thompson (MS) tion. I’d like to go back to those bad This isn’t a solution. America is at a Napolitano Rush Tierney old days. crossroad. We’ve had 40 months of 8 Neal Ryan (OH) Tonko Now, we’ve been doing the Bush tax percent unemployment. What do we get Olver Sa´ nchez, Linda Towns Owens T. Tsongas cuts for 12 years. Where are the jobs? from them? Not a solution. We get a Pallone Sanchez, Loretta Where are the jobs from cutting taxes Van Hollen political ploy. Pascrell Sarbanes Vela´ zquez Pastor (AZ) Schakowsky on people’s incomes of over $1 million? I appreciate my friend from Oregon Visclosky Pelosi Schiff They aren’t creating those jobs. Let me Walz (MN) touting the benefits of the Clinton ad- Perlmutter Schwartz Wasserman give you two quick examples from my ministration when we had a Republican Peters Scott (VA) district, and they’re typical. Congress. Let me just say I’ve wel- Pingree (ME) Scott, David Schultz Waters comed the advice of former President Polis Serrano b 1750 Price (NC) Sewell Watt Bill Clinton. He said extend all of the Waxman I have Palo Alto Software, a small Quigley Sherman current tax rates. Let me just say that Rahall Sires Welch business. They make software for busi- this would gut tax reform. Rangel Slaughter Wilson (FL) Woolsey ness start-ups. We contacted them, and Say ‘‘yes’’ to tax reform. Say ‘‘no’’ to Reyes Smith (WA) they said, Yes, we could invest way Richardson Speier Yarmuth raising taxes. Say ‘‘no’’ to this motion Richmond Stark more both in new hardware, new soft- to recommit. ware, and other things that would en- With that, I yield back the balance of NOES—246 hance our business than $100,000 if we my time. Adams Gallegly McMorris were given this expensing privilege, The SPEAKER pro tempore. Without Aderholt Gardner Rodgers and we would put more people back to Alexander Garrett Meehan objection, the previous question is or- work. Altmire Gerlach Mica dered on the motion to recommit. Amash Gibbs Miller (FL) Bulk Handling Systems, they make There was no objection. Amodei Gibson Miller (MI) recycling systems in my district. They Austria Gingrey (GA) Miller, Gary had the same answer: If you gave us a The SPEAKER pro tempore. The Bachmann Gohmert Mulvaney million dollars of expensing, we would question is on the motion to recommit. Bachus Goodlatte Murphy (PA) The question was taken; and the Barletta Gosar Myrick spend every penny of that on products Barrow Gowdy Neugebauer made in America and put people back Speaker pro tempore announced that Bartlett Granger Noem to work. the noes appeared to have it. Barton (TX) Graves (GA) Nugent Bass (NH) Graves (MO) Nunes RECORDED VOTE The bottom line is the Republicans Benishek Griffin (AR) Nunnelee want to limit these small businesses, Mr. DEFAZIO. Mr. Speaker, I demand Berg Griffith (VA) Olson these real job creators, to a $100,000 de- a recorded vote. Biggert Grimm Palazzo Bilbray Guinta Paul duction when they could use a million A recorded vote was ordered. Bilirakis Guthrie Paulsen dollars in expensing and put more peo- The SPEAKER pro tempore. Pursu- Bishop (UT) Hall Pearce ple back to work, because their ant to clause 8 and clause 9 of rule XX, Black Hanna Pence premise is that the millionaire, the Blackburn Harper Peterson this 15-minute vote on the motion to Bonner Harris Petri person who got hundreds of millions or recommit will be followed by 5-minute Bono Mack Hartzler Pitts more in income, that having them not votes on passage of H.R. 8, if ordered, Boren Hastings (WA) Platts pay more taxes on their income over $1 and the motions to suspend with regard Boustany Hayworth Poe (TX) Brady (TX) Heck Pompeo million will create more jobs than the to House Resolution 750 and H.R. 4365. Brooks Hensarling Posey small business. I don’t buy that. I don’t The vote was taken by electronic de- Broun (GA) Herger Price (GA) think the American people buy that. vice, and there were—ayes 181, noes 246, Buchanan Herrera Beutler Quayle There’s no limit on what they can do Bucshon Huelskamp Reed not voting 3, as follows: Buerkle Huizenga (MI) Rehberg with their huge tax breaks, their very [Roll No. 544] Burgess Hultgren Reichert expensive tax breaks. They can buy an- Burton (IN) Hunter Renacci AYES—181 other vacation home in the Caribbean. Calvert Hurt Ribble Ackerman Crowley Holt Camp Issa Rigell They can buy a Lamborghini. Paris Andrews Cuellar Honda Campbell Jenkins Rivera Hilton can go on a shopping spree in Baca Cummings Hoyer Canseco Johnson (IL) Roby London or Paris. Baldwin Davis (CA) Israel Cantor Johnson (OH) Roe (TN) This bill limits the expensing and the Barber Davis (IL) Jackson Lee Capito Johnson, Sam Rogers (AL) Bass (CA) DeFazio (TX) Carter Jordan Rogers (KY) purchase of equipment to products Becerra DeGette Johnson (GA) Cassidy Kelly Rogers (MI) made in the United States of America. Berkley DeLauro Johnson, E. B. Chabot King (IA) Rohrabacher I want to see things made in this coun- Berman Deutch Jones Chaffetz King (NY) Rokita try again. I want to put Americans Bishop (GA) Dicks Kaptur Coble Kingston Rooney Bishop (NY) Dingell Keating Coffman (CO) Kinzinger (IL) Ros-Lehtinen back to work, not people overseas. Blumenauer Doggett Kildee Cole Kline Roskam It’s time that we admitted that we Bonamici Doyle Kind Conaway Labrador Ross (AR) can’t afford to continue the tax cuts Boswell Duncan (TN) Kissell Cravaack Lamborn Ross (FL) Brady (PA) Edwards Kucinich Crawford Lance Royce over $1 million of income. Braley (IA) Ellison Langevin Crenshaw Landry Runyan It would also reduce the deficit over Brown (FL) Engel Larsen (WA) Culberson Lankford Ryan (WI) 10 years by $29 billion after we create Butterfield Eshoo Larson (CT) Denham Latham Scalise jobs, after we give this expensing privi- Capps Farr Lee (CA) Dent LaTourette Schilling Capuano Fattah Levin DesJarlais Latta Schmidt lege to small businesses. Carnahan Filner Lewis (GA) Diaz-Balart Lewis (CA) Schock The choice is yours. You can stick Carney Frank (MA) Lipinski Dold LoBiondo Schrader with those who have income over $1 Carson (IN) Fudge Loebsack Donnelly (IN) Long Schweikert Castor (FL) Garamendi Lofgren, Zoe Dreier Lucas Scott (SC) million or you can side with small Chandler Gonzalez Lowey Duffy Luetkemeyer Scott, Austin businesses and American workers. You Chu Green, Al Luja´ n Duncan (SC) Lummis Sensenbrenner decide. Cicilline Green, Gene Lynch Ellmers Lungren, Daniel Sessions I yield back the balance of my time. Clarke (MI) Grijalva Maloney Emerson E. Shimkus Clarke (NY) Gutierrez Markey Farenthold Mack Shuler Mr. CAMP. Mr. Speaker, I rise in op- Clay Hahn Matsui Fincher Manzullo Shuster position to the motion. Cleaver Hanabusa McCarthy (NY) Fitzpatrick Marchant Simpson The SPEAKER pro tempore. The gen- Clyburn Hastings (FL) McCollum Flake Marino Smith (NE) Cohen Heinrich McDermott Fleischmann Matheson Smith (NJ) tleman from Michigan is recognized for Connolly (VA) Higgins McGovern Fleming McCarthy (CA) Smith (TX) 5 minutes. Conyers Himes McNerney Flores McCaul Southerland Mr. CAMP. It’s clear that my friends Cooper Hinchey Meeks Forbes McClintock Stearns on the other side are committed to Costa Hinojosa Michaud Fortenberry McHenry Stivers Costello Hirono Miller (NC) Foxx McIntyre Stutzman raising taxes at any cost. Does anyone Courtney Hochul Miller, George Franks (AZ) McKeon Sullivan believe that they’re going to use that Critz Holden Moore Frelinghuysen McKinley Terry

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.104 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5597 Thompson (PA) Walden Wolf Palazzo Rokita Stutzman IRAN THREAT REDUCTION AND Thornberry Walsh (IL) Womack Paul Rooney Sullivan SYRIA HUMAN RIGHTS ACT OF 2012 Tiberi Webster Woodall Paulsen Ros-Lehtinen Terry Tipton West Yoder Pearce Roskam Thompson (PA) The SPEAKER pro tempore. The un- Turner (NY) Westmoreland Young (AK) Pence Ross (AR) Thornberry Turner (OH) Whitfield Peterson Ross (FL) Tiberi finished business is the vote on the mo- Young (FL) tion to suspend the rules and agree to Upton Wilson (SC) Young (IN) Petri Royce Tipton Walberg Wittman Pitts Runyan Turner (NY) the resolution (H. Res. 750) providing Platts Ryan (WI) Turner (OH) for the concurrence by the House in the NOT VOTING—3 Poe (TX) Scalise Upton Akin Cardoza Jackson (IL) Pompeo Schilling Walberg Senate amendment to H.R. 1905, with Posey Schmidt Walden an amendment, on which the yeas and b 1811 Price (GA) Schock Walsh (IL) nays were ordered. Quayle Schweikert Walz (MN) The Clerk read the title of the resolu- So the motion to recommit was re- Reed Scott (SC) Webster tion. jected. Rehberg Scott, Austin West Reichert Sensenbrenner Westmoreland The SPEAKER pro tempore. The The result of the vote was announced Renacci Sessions Whitfield question is on the motion offered by as above recorded. Ribble Shimkus Wilson (SC) the gentlewoman from Florida (Ms. The SPEAKER pro tempore. The Rigell Shuster Wittman Rivera Simpson Wolf ROS-LEHTINEN) that the House suspend question is on the passage of the bill. Roby Smith (NE) Womack the rules and agree to the resolution. The question was taken; and the Roe (TN) Smith (NJ) Woodall This will be a 5-minute vote. Speaker pro tempore announced that Rogers (AL) Smith (TX) Yoder The vote was taken by electronic de- the ayes appeared to have it. Rogers (KY) Southerland Young (AK) Rogers (MI) Stearns Young (FL) vice, and there were—yeas 421, nays 6, RECORDED VOTE Rohrabacher Stivers Young (IN) not voting 3, as follows: Mr. LEVIN. Mr. Speaker, I demand a NOES—171 [Roll No. 546] recorded vote. Ackerman Green, Al Pallone YEAS—421 A recorded vote was ordered. Altmire Green, Gene Pascrell Ackerman Cicilline Andrews Grijalva Pastor (AZ) Gardner The SPEAKER pro tempore. This Adams Clarke (MI) Baca Gutierrez Pelosi Garrett will be a 5-minute vote. Aderholt Clarke (NY) Baldwin Hahn Perlmutter Gerlach Alexander Clay The vote was taken by electronic de- Barber Hanabusa Peters Gibbs Altmire Cleaver vice, and there were—ayes 256, noes 171, Bass (CA) Hastings (FL) Pingree (ME) Gibson Amodei Clyburn Becerra Heinrich Polis Gingrey (GA) not voting 3, as follows: Andrews Coble Berkley Higgins Price (NC) Gohmert Austria Coffman (CO) [Roll No. 545] Berman Himes Quigley Gonzalez Baca Cohen Bishop (NY) Hinchey Rahall Goodlatte AYES—256 Bachmann Cole Blumenauer Hinojosa Rangel Gosar Adams Dent Jenkins Bachus Conaway Bonamici Hirono Reyes Gowdy Aderholt DesJarlais Johnson (OH) Baldwin Connolly (VA) Brady (PA) Hochul Richardson Granger Alexander Diaz-Balart Johnson, Sam Barber Conyers Braley (IA) Holden Richmond Graves (GA) Amash Dold Jones Barletta Cooper Brown (FL) Holt Rothman (NJ) Graves (MO) Amodei Donnelly (IN) Jordan Barrow Costa Butterfield Honda Roybal-Allard Green, Al Austria Dreier Kelly Bartlett Costello Capps Hoyer Ruppersberger Green, Gene Bachmann Duffy King (IA) Barton (TX) Courtney Capuano Israel Rush Griffin (AR) Bachus Duncan (SC) King (NY) Bass (CA) Cravaack Carnahan Jackson Lee Ryan (OH) Griffith (VA) Barletta Duncan (TN) Kingston Bass (NH) Crawford Carney (TX) Sa´ nchez, Linda Grijalva Barrow Ellmers Kinzinger (IL) Becerra Crenshaw Carson (IN) Johnson (GA) T. Grimm Bartlett Emerson Kissell Benishek Critz Castor (FL) Johnson (IL) Sanchez, Loretta Guinta Barton (TX) Farenthold Kline Berg Crowley Chu Johnson, E. B. Sarbanes Guthrie Bass (NH) Fincher Labrador Berkley Cuellar Cicilline Kaptur Schakowsky Gutierrez Benishek Fitzpatrick Lamborn Berman Culberson Clarke (MI) Keating Schiff Hahn Berg Flake Lance Biggert Cummings Clarke (NY) Kildee Schrader Hall Biggert Fleischmann Landry Bilbray Davis (CA) Clay Kind Schwartz Hanabusa Bilbray Fleming Lankford Bilirakis Davis (IL) Cleaver Kucinich Scott (VA) Hanna Bilirakis Flores Latham Bishop (GA) DeFazio Clyburn Langevin Scott, David Harper Bishop (GA) Forbes LaTourette Bishop (NY) DeGette Cohen Larsen (WA) Serrano Harris Bishop (UT) Fortenberry Latta Bishop (UT) DeLauro Conyers Larson (CT) Sewell Hartzler Black Foxx Lewis (CA) Black Denham Cooper Lee (CA) Sherman Hastings (FL) Blackburn Franks (AZ) LoBiondo Blackburn Dent Costello Levin Shuler Hastings (WA) Bonner Frelinghuysen Loebsack Blumenauer DesJarlais Courtney Lewis (GA) Sires Hayworth Bono Mack Gallegly Long Bonamici Deutch Crowley Lipinski Slaughter Heck Boren Gardner Lucas Bonner Diaz-Balart Cummings Lofgren, Zoe Smith (WA) Heinrich Boswell Garrett Luetkemeyer Bono Mack Dicks Davis (CA) Lowey Speier Hensarling Boustany Gerlach Lummis Boren Dingell Davis (IL) Luja´ n Stark Herger Brady (TX) Gibbs Lungren, Daniel Boswell Doggett DeFazio Lynch Sutton Herrera Beutler Brooks Gibson E. Boustany Dold DeGette Maloney Thompson (CA) Higgins Broun (GA) Gingrey (GA) Mack Brady (PA) Donnelly (IN) DeLauro Markey Thompson (MS) Himes Buchanan Gohmert Manzullo Brady (TX) Doyle Deutch Matsui Tierney Hinchey Bucshon Goodlatte Marchant Braley (IA) Dreier Dicks McCarthy (NY) Tonko Hinojosa Buerkle Gosar Marino Brooks Duffy Dingell McCollum Towns Hirono Burgess Gowdy Matheson Broun (GA) Duncan (SC) Doggett McDermott Tsongas Hochul Burton (IN) Granger McCarthy (CA) Brown (FL) Edwards Doyle McGovern Van Hollen Holden Calvert Graves (GA) McCaul Buchanan Ellison Edwards Meeks Vela´ zquez Holt Camp Graves (MO) McClintock Bucshon Ellmers Ellison Michaud Visclosky Honda Campbell Griffin (AR) McHenry Buerkle Emerson Engel Miller (NC) Wasserman Hoyer Canseco Griffith (VA) McIntyre Burgess Engel Eshoo Miller, George Schultz Huelskamp Cantor Grimm McKeon Burton (IN) Eshoo Farr Moore Waters Huizenga (MI) Capito Guinta McKinley Butterfield Farenthold Fattah Moran Watt Hultgren Carter Guthrie McMorris Calvert Farr Filner Murphy (CT) Waxman Hunter Cassidy Hall Rodgers Camp Fattah Frank (MA) Nadler Welch Hurt Chabot Hanna McNerney Campbell Filner Fudge Napolitano Wilson (FL) Israel Chaffetz Harper Meehan Canseco Fincher Garamendi Neal Woolsey Issa Chandler Harris Mica Cantor Fitzpatrick Gonzalez Olver Yarmuth Jackson Lee Coble Hartzler Miller (FL) Capito Flake (TX) Coffman (CO) Hastings (WA) Miller (MI) NOT VOTING—3 Capps Fleischmann Jenkins Cole Hayworth Miller, Gary Capuano Fleming Johnson (GA) Akin Cardoza Jackson (IL) Conaway Heck Mulvaney Carnahan Flores Johnson (OH) Connolly (VA) Hensarling Murphy (PA) Carney Forbes Johnson, E. B. Costa Herger Myrick b 1819 Carson (IN) Fortenberry Johnson, Sam Cravaack Herrera Beutler Neugebauer Carter Foxx Jordan Crawford Huelskamp Noem So the bill was passed. Cassidy Frank (MA) Kaptur Crenshaw Huizenga (MI) Nugent The result of the vote was announced Castor (FL) Franks (AZ) Keating Critz Hultgren Nunes as above recorded. Chabot Frelinghuysen Kelly Cuellar Hunter Nunnelee Chaffetz Fudge Kildee Culberson Hurt Olson A motion to reconsider was laid on Chandler Gallegly Kind Denham Issa Owens the table. Chu Garamendi King (IA)

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.044 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5598 CONGRESSIONAL RECORD — HOUSE August 1, 2012 King (NY) Neugebauer Schrader tion to suspend the rules and pass the Latta Pascrell Scott (VA) Kingston Noem Schwartz bill (H.R. 4365) to amend title 5, United Lee (CA) Pastor (AZ) Scott, Austin Kinzinger (IL) Nugent Schweikert Levin Paulsen Scott, David Kissell Nunes Scott (SC) States Code, to make clear that ac- Lewis (CA) Pearce Sensenbrenner Kline Nunnelee Scott (VA) counts in the Thrift Savings Fund are Lewis (GA) Pelosi Serrano Labrador Olson Scott, Austin subject to certain Federal tax levies, as Lipinski Pence Sessions Lamborn Olver Scott, David LoBiondo Perlmutter amended, on which the yeas and nays Sewell Lance Owens Sensenbrenner Loebsack Peters Sherman Landry Palazzo Serrano were ordered. Lofgren, Zoe Peterson Shimkus Langevin Pallone Sessions The Clerk read the title of the bill. Long Petri Shuler Lankford Pascrell Sewell Lowey Pingree (ME) Shuster Larsen (WA) Pastor (AZ) Sherman The SPEAKER pro tempore. The Lucas Pitts Simpson Larson (CT) Paulsen Shimkus question is on the motion offered by Luetkemeyer Platts Sires Latham Pearce Shuler Luja´ n Poe (TX) the gentleman from Utah (Mr. Slaughter LaTourette Pelosi Shuster Lummis Polis HAFFETZ Latta Pence Simpson C ) that the House suspend the Lungren, Daniel Pompeo Smith (NE) Lee (CA) Perlmutter Sires rules and pass the bill, as amended. E. Posey Smith (NJ) Levin Peters Slaughter This will be a 5-minute vote. Lynch Price (GA) Smith (TX) Smith (WA) Lewis (CA) Peterson Smith (NE) The vote was taken by electronic de- Mack Price (NC) Lewis (GA) Petri Smith (NJ) Maloney Quayle Speier Lipinski Pingree (ME) Smith (TX) vice, and there were—yeas 414, nays 6, Manzullo Quigley Stark LoBiondo Pitts Smith (WA) answered ‘‘present’’ 1, not voting 9, as Marchant Rahall Stearns Loebsack Platts Southerland follows: Marino Rangel Stivers Lofgren, Zoe Poe (TX) Speier Markey Reed Stutzman Long Polis Stark [Roll No. 547] Matheson Rehberg Sullivan Lowey Pompeo Stearns YEAS—414 Matsui Reichert Sutton Lucas Posey Stivers McCarthy (CA) Renacci Terry Luetkemeyer Price (GA) Stutzman Adams Clyburn Gosar McCarthy (NY) Reyes Thompson (CA) Luja´ n Price (NC) Sullivan Aderholt Coble Gowdy McCaul Ribble Thompson (MS) Lummis Quayle Sutton Alexander Coffman (CO) Granger McClintock Richardson Thompson (PA) Lungren, Daniel Quigley Terry Altmire Cohen Graves (GA) McCollum Richmond Thornberry E. Rahall Thompson (CA) Amash Cole Graves (MO) McDermott Rigell Tiberi Lynch Rangel Thompson (MS) Amodei Conaway Green, Al McGovern Rivera Tierney Mack Reed Thompson (PA) Andrews Connolly (VA) Green, Gene McHenry Roby Tipton Maloney Rehberg Thornberry Austria Conyers Griffin (AR) McIntyre Roe (TN) Tonko Baca Cooper Griffith (VA) Manzullo Reichert Tiberi McKeon Rogers (AL) Towns Bachmann Costa Grijalva Marchant Renacci Tierney McKinley Rogers (KY) Tsongas Bachus Costello Grimm Marino Reyes Tipton McMorris Rogers (MI) Turner (NY) Baldwin Courtney Guinta Markey Ribble Tonko Rodgers Rohrabacher Turner (OH) Barber Cravaack Guthrie Matheson Richardson Towns McNerney Rokita Upton Matsui Richmond Tsongas Barletta Crawford Gutierrez Meehan Rooney Barrow Crenshaw Hahn Van Hollen McCarthy (CA) Rigell Turner (NY) Mica Ros-Lehtinen ´ Bartlett Critz Hall Velazquez McCarthy (NY) Rivera Turner (OH) Michaud Roskam Visclosky McCaul Roby Upton Barton (TX) Crowley Hanabusa Miller (FL) Ross (AR) Bass (NH) Cuellar Hanna Walberg McClintock Roe (TN) Van Hollen Miller (MI) Ross (FL) Walden McCollum Rogers (AL) Vela´ zquez Becerra Culberson Harper Miller (NC) Rothman (NJ) Walsh (IL) McDermott Rogers (KY) Visclosky Benishek Cummings Harris Miller, Gary Roybal-Allard Walz (MN) McGovern Rogers (MI) Walberg Berg Davis (CA) Hartzler Miller, George Royce Waters McHenry Rohrabacher Walden Berkley Davis (IL) Hastings (WA) Moore Runyan Watt McIntyre Rokita Walsh (IL) Berman DeFazio Hayworth Moran Ruppersberger Waxman McKeon Rooney Walz (MN) Biggert DeGette Heck Mulvaney Rush McKinley Ros-Lehtinen Wasserman Bilbray DeLauro Heinrich Murphy (CT) Ryan (OH) Webster McMorris Roskam Schultz Bilirakis Denham Hensarling Murphy (PA) Ryan (WI) Welch Rodgers Ross (AR) Waters Bishop (GA) Dent Herger Myrick Sa´ nchez, Linda West McNerney Ross (FL) Watt Bishop (NY) DesJarlais Herrera Beutler Nadler T. Westmoreland Meehan Rothman (NJ) Waxman Bishop (UT) Deutch Higgins Napolitano Sanchez, Loretta Whitfield Meeks Roybal-Allard Webster Black Diaz-Balart Himes Neal Sarbanes Wilson (FL) Mica Royce Welch Blackburn Dingell Hinchey Neugebauer Scalise Wilson (SC) Michaud Runyan West Blumenauer Doggett Hinojosa Noem Schakowsky Wittman Miller (FL) Ruppersberger Westmoreland Bonamici Dold Hirono Nugent Schiff Wolf Miller (MI) Rush Whitfield Bonner Donnelly (IN) Hochul Nunes Schilling Womack Miller (NC) Ryan (OH) Wilson (FL) Bono Mack Doyle Holden Nunnelee Schmidt Woodall Miller, Gary Ryan (WI) Wilson (SC) Boren Dreier Holt Olson Schock Woolsey Miller, George Sa´ nchez, Linda Wittman Boswell Duffy Honda Olver Schrader Yarmuth Moore T. Wolf Boustany Duncan (SC) Hoyer Owens Schwartz Yoder Moran Sanchez, Loretta Womack Brady (PA) Duncan (TN) Huelskamp Palazzo Schweikert Young (FL) Mulvaney Sarbanes Woodall Brady (TX) Edwards Huizenga (MI) Pallone Scott (SC) Young (IN) Murphy (CT) Scalise Woolsey Braley (IA) Ellison Hultgren Murphy (PA) Schakowsky Yarmuth Brooks Ellmers Hunter NAYS—6 Myrick Schiff Yoder Broun (GA) Emerson Hurt Ackerman Jones Paul Nadler Schilling Young (AK) Brown (FL) Engel Israel Bass (CA) Meeks Young (AK) Napolitano Schmidt Young (FL) Buchanan Eshoo Issa Neal Schock Young (IN) Bucshon Farenthold Jackson Lee ANSWERED ‘‘PRESENT’’—1 Buerkle Farr (TX) Johnson (IL) NAYS—6 Burgess Fattah Jenkins NOT VOTING—9 Amash Johnson (IL) Kucinich Burton (IN) Filner Johnson (GA) Duncan (TN) Jones Paul Butterfield Fincher Johnson (OH) Akin Jackson (IL) Wasserman Calvert Fitzpatrick Johnson, E. B. Cardoza Kaptur Schultz NOT VOTING—3 Camp Flake Johnson, Sam Dicks Lamborn Campbell Fleischmann Jordan Akin Cardoza Jackson (IL) Hastings (FL) Southerland Canseco Fleming Keating Cantor Flores Kelly b 1833 b 1826 Capito Forbes Kildee So (two-thirds being in the affirma- Capps Fortenberry Kind So (two-thirds being in the affirma- Capuano Foxx King (IA) tive) the rules were suspended and the tive) the rules were suspended and the Carnahan Frank (MA) King (NY) resolution was agreed to. bill, as amended, was passed. Carney Franks (AZ) Kingston The result of the vote was announced The result of the vote was announced Carson (IN) Frelinghuysen Kinzinger (IL) as above recorded. as above recorded. Carter Fudge Kissell Cassidy Gallegly Kline A motion to reconsider was laid on A motion to reconsider was laid on Castor (FL) Garamendi Kucinich the table. the table. Chabot Gardner Labrador Chaffetz Garrett Lance f f Chandler Gerlach Landry ANNOUNCEMENT BY THE SPEAKER Chu Gibbs Langevin THRIFT SAVINGS FUND Cicilline Gibson Lankford PRO TEMPORE CLARIFICATION ACT Clarke (MI) Gingrey (GA) Larsen (WA) The SPEAKER pro tempore (Mr. Clarke (NY) Gohmert Larson (CT) The SPEAKER pro tempore. The un- Clay Gonzalez Latham HULTGREN). Pursuant to clause 8 of finished business is the vote on the mo- Cleaver Goodlatte LaTourette rule XX, proceedings will now resume

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.046 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5599 on motions to suspend the rules pre- nomic development, education, and health opposes international regulation of the viously postponed. care, and the informed discussion that is the Internet. bedrock of democratic self-government that f The resolution was introduced by the Internet provides; Mrs. BONO MACK in May and passed the GOVERNMENT CHARGE CARD Whereas the structure of Internet govern- House Committee on Energy and Com- ABUSE PREVENTION ACT OF 2012 ance has profound implications for competi- tion and trade, democratization, free expres- merce with bipartisan support from The SPEAKER pro tempore. The un- sion, and access to information; more than 60 Members, including En- finished business is the question on Whereas countries have obligations to pro- ergy and Commerce Committee Chair- suspending the rules and passing the tect human rights, which are advanced by man UPTON, Ranking Member WAXMAN, bill (S. 300) to prevent abuse of Govern- online activity as well as offline activity; and my colleague on the Communica- ment charge cards, as amended. Whereas the ability to innovate, develop tions and Technology Subcommittee, The Clerk read the title of the bill. technical capacity, grasp economic opportu- Ranking Member ESHOO. I, too, am nities, and promote freedom of expression pleased to be an original cosponsor of The SPEAKER pro tempore. The online is best realized in cooperation with all question is on the motion offered by this important resolution. stakeholders; Nations from across the globe will the gentleman from Utah (Mr. Whereas proposals have been put forward CHAFFETZ) that the House suspend the for consideration at the 2012 World Con- meet in December for the World Con- rules and pass the bill, as amended. ference on International Telecommuni- ference on International Telecommuni- The question was taken; and (two- cations that would fundamentally alter the cations in Dubai. There, the 193 mem- thirds being in the affirmative) the governance and operation of the Internet; ber countries of the United Nations rules were suspended and the bill, as Whereas the proposals, in international will consider whether to apply to the bodies such as the United Nations General amended, was passed. Internet a regulatory regime that the Assembly, the United Nations Commission International Telecommunications A motion to reconsider was laid on on Science and Technology for Development, the table. Union created for old-fashioned tele- and the International Telecommunication phone service, as well as whether to f Union, would justify under international law increased government control over the Inter- swallow the Internet’s nongovern- ACCEPTANCE OF RELINQUISH- net and would reject the current multistake- mental organization’s structure whole MENT OF RAILROAD RIGHT OF holder model that has enabled the Internet and make it part of the United Na- WAY NEAR PIKE NATIONAL FOR- to flourish and under which the private sec- tions. Neither of these are acceptable EST, COLORADO tor, civil society, academia, and individual outcomes. users play an important role in charting its Now, among those that are sup- The SPEAKER pro tempore. The un- direction; portive of such regulation is Russian finished business is the question on Whereas the proposals would diminish the President Vladimir Putin, who spoke suspending the rules and passing the freedom of expression on the Internet in positively about the idea of ‘‘estab- favor of government control over content, bill (H.R. 4073) to authorize the Sec- lishing international control over the retary of Agriculture to accept the contrary to international law; Whereas the position of the United States Internet.’’ Some countries have even quitclaim, disclaimer, and relinquish- proposed regulations that would allow ment of a railroad right of way within Government has been and is to advocate for the flow of information free from govern- them to read citizens’ email in the and adjacent to Pike National Forest ment control; and name of security. H. Con. Res. 127 re- in El Paso County, Colorado, originally Whereas this and past Administrations jects these proposals by taking the rad- granted to the Mt. Manitou Park and have made a strong commitment to the ical position that if the most revolu- Incline Railway Company pursuant to multistakeholder model of Internet govern- tionary advance in technology, com- the Act of March 3, 1875, as amended. ance and the promotion of the global bene- merce, and social discourse of the last fits of the Internet: Now, therefore, be it The Clerk read the title of the bill. century isn’t broken, well, we The SPEAKER pro tempore. The Resolved by the House of Representatives (the Senate concurring), That it is the sense of shouldn’t be trying to fix it. question is on the motion offered by Congress that the Assistant Secretary of The Internet is the greatest vehicle the gentleman from Colorado (Mr. Commerce for Communications and Informa- for global progress and improvement LAMBORN) that the House suspend the tion, in consultation with the Deputy Assist- since the printing press; and despite rules and pass the bill, as amended. ant Secretary of State and United States Co- the current economic climate, the The question was taken; and (two- ordinator for International Communications Internet continues to grow at an aston- thirds being in the affirmative) the and Information Policy, should continue ishing pace. Cisco estimates that by rules were suspended and the bill, as working to implement the position of the United States on Internet governance that 2016 roughly 45 percent of the world’s amended, was passed. clearly articulates the consistent and un- population will be Internet users, there A motion to reconsider was laid on equivocal policy of the United States to pro- will be more than 18.9 billion network the table. mote a global Internet free from government connections, and the average speed of f control and preserve and advance the suc- mobile broadband will be four times cessful multistakeholder model that governs faster than it is today. EXPRESSING SENSE OF CONGRESS the Internet today. The ability of the Internet to grow at ON GOVERNANCE OF THE INTER- The SPEAKER pro tempore. Pursu- this staggering pace is due largely to NET ant to the rule, the gentleman from Or- the flexibility of the multi-stakeholder Mr. WALDEN. Mr. Speaker, I move egon (Mr. WALDEN) and the gentle- approach that governs the Internet to suspend the rules and agree to the woman from California (Ms. ESHOO) today. Nongovernmental institutions concurrent resolution (H. Con. Res. 127) each will control 20 minutes. now manage the Internet’s core func- expressing the sense of Congress re- The Chair recognizes the gentleman tions, with input from private and pub- garding actions to preserve and ad- from Oregon. lic sector participants. This structure vance the multistakeholder governance GENERAL LEAVE prevents governmental or nongovern- model under which the Internet has Mr. WALDEN. Mr. Speaker, I ask mental actors from controlling the de- thrived. unanimous consent that all Members sign of the network or the content that The Clerk read the title of the con- may have 5 legislative days in which to it carries. current resolution. revise and extend their remarks and in- b 1840 The text of the concurrent resolution sert extraneous materials into the Without one entity in control, the is as follows: RECORD on H. Con. Res. 127. The SPEAKER pro tempore. Is there Internet has become a driver of jobs H. CON. RES. 127 and information, business expansion, Whereas given the importance of the Inter- objection to the request of the gen- tleman from Oregon? investment and, indeed, innovation. net to the global economy, it is essential Now, moving away from that multi- that the Internet remain stable, secure, and There was no objection. free from government control; Mr. WALDEN. Mr. Speaker, I yield stakeholder model, Mr. Speaker, would Whereas the world deserves the access to myself such time as I may consume. harm these abilities and would prevent knowledge, services, commerce, and commu- Mr. Speaker, I rise today in support the Internet from spreading prosperity nication, the accompanying benefits to eco- of H. Con. Res. 127, a resolution that and freedom.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.114 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5600 CONGRESSIONAL RECORD — HOUSE August 1, 2012 In May, the Subcommittee on Com- part of Silicon Valley, and many of Russian President Vladimir Putin and munications and Technology invited a these companies helped to launch these China’s Communist Party are allowed panel of witnesses, including Federal innovations. In fact, since 1995—this is to exert unprecedented control over Communications Commissioner Robert really stunning—venture capital funds Internet governance? McDowell, to discuss the effects an have invested approximately $250 bil- Here are two words you should international regulatory regime would lion—with a B, dollars—in industries Google: ‘‘Good luck.’’ have on the Internet. All agreed that reliant on an open Internet, including As the United States prepares to such a regime would not only endanger $91.8 billion on software alone. take part in the World Conference on the Internet, but would endanger glob- But later this year, the World Con- International Telecommunications in al development on a much larger scale. ference on International Telecommuni- Dubai, we need to provide the delega- House Concurrent Resolution 127 ex- cations—at the committee, we call it tion with a clear and unmistakable presses the commitment of Congress to WCIT, that’s a lot easier—will take up mandate: Keep the Internet free of any do all that it can to keep the Internet proposals that represent a really funda- and all government control. At the WCIT discussions, a new trea- free from an international regulatory mental departure from the Inter- ty on Internet governance will be de- regime. national Telecommunications Regula- bated. Most worrisome to me are ef- I’m pleased to report that earlier tions adopted in 1988. Nearly 25 years forts by some countries to provide the today, Ambassador Kramer, the leader ago, this treaty provided a framework U.N. with extraordinary new authority for how telecommunications traffic is of the U.S. delegation to the WCIT, over the management of the Internet. gave a speech outlining the position of handled among countries, but much That’s bad enough. But unlike the the United States that seems to be em- has changed since that time. U.N. Security Council, the U.S. will bracing the very principles contained In addition to proposing new regula- not have veto power to prevent censor- in this resolution. Now, my hope is tions on broadband services, several ship or despotic actions which could that the administration stays on this nations, including Russia, are set on threaten freedom everywhere. To pre- very course. asserting intergovernmental control vent this from happening, I introduced As the U.S. delegation continues to over the Internet, leading to a balkan- House Concurrent Resolution 127. work in advance of the WCIT, House ized Internet where censorship could I want to thank my cosponsors, En- Concurrent Resolution 127 is an excel- become the new norm. While there’s no ergy and Commerce Committee Chair- lent bipartisan demonstration of our question that nations have to work to- man UPTON, Ranking Member WAXMAN, Nation’s commitment to preserve the gether to address challenges to the Communications and Technology Sub- multistakeholder governance model Internet’s growth and stability, such as committee Chairman WALDEN, and my and to keep the Internet free from cybersecurity, online privacy, and in- good friend and the Ranking Sub- international regulation. The House tellectual property protection, these committee Member ESHOO for their Committee on Energy and Commerce issues can best be addressed under the strong bipartisan support in this effort. strongly supports House Concurrent existing model. I also want to commend Senator RUBIO Resolution 127, and I urge the rest of It’s absolutely essential that the for championing this critically impor- my colleagues in the House to join us. United States defend the current model tant cause in the Senate. I reserve the balance of my time. of Internet governance at the upcom- In many ways, this is a first-of-its- Ms. ESHOO. Mr. Speaker, I yield my- ing Dubai conference this December be- kind referendum on the future of the self such time as I may consume. cause the very fabric of the free and Internet. For nearly a decade, the I’m very pleased to join with all of open Internet is at stake. United Nations has been angling quiet- my colleagues. This is an unusual hap- So I urge all of my colleagues to sup- ly to become the epicenter of Internet pening on the floor, and I hope there port this bipartisan resolution which governance. A vote for our resolution are lots of people tuned in from C– reflects, as I said a few months ago, a is a vote to keep the Internet free from SPAN listening and watching, because viewpoint already shared by the Obama government control, and to prevent it is one of the few times that we’ve administration, the Federal Commu- Russia, China, India, and other nations come together in a true bipartisan, 100 nications Commission, and the U.S. from succeeding in giving the U.N. un- percent bipartisan way. delegation to the WCIT, and unite in precedented control over Web content I want to pay tribute to the gentle- opposition to proposals that threaten and infrastructure. woman from California, Representative the innovation, openness, and trans- Last year, e-commerce topped $200 BONO MACK, for her leadership on this. parency enjoyed by Internet users billion in the U.S. for the first time And I’m very, very pleased to join her around the world. and is up 15 percent so far this year. We and all of the members of the Energy With that, Mr. Speaker, I reserve the also continue to lead the world in on- and Commerce Committee on H. Con. balance of my time. line innovation, creating millions of Res. 127. Mr. WALDEN. I’m now honored to jobs and bolstering our economy at a As I said, this is bipartisan and it’s yield 3 minutes to the gentlewoman time when we really need it. These proposed treaty changes, bicameral, and it demonstrates the bi- from California (Mrs. BONO MACK), the which have been going on in secret, partisan commitment of the Congress sponsor of this legislation, the chair- could have a devastating impact world- to preserve the open structure and man of the Commerce, Manufacturing, wide on both freedom and economic multistakeholder approach that has and Trade Subcommittee of the Energy prosperity. If this power grab is suc- guided the Internet over the past two and Commerce Committee, and a very cessful, I’m concerned that the next decades. active and effective member of the sub- Arab Spring will instead become a Rus- The distinguished chairman of our committee I chair, the Communica- sian Winter where free speech is subcommittee said that he hopes the tions and Technology Subcommittee, chilled, not encouraged, and the Inter- administration will remain on this. who has put a lot of time into making net becomes a wasteland of unfulfilled The administration was there before sure the Internet remains free and hopes, dreams, and opportunities. the Congress took action. There is no open. This is her resolution. We thank We cannot let this happen. I urge my light between the administration, the her for her work. colleagues to vote ‘‘yes’’ for this reso- executive branch, the Senate or the Mrs. BONO MACK. Mr. Speaker, I lution, and say ‘‘no’’ to online censor- House, and that’s the way it should be. thank my dear colleague for yielding ship by foreign governments. Through this open and transparent me the time. Ms. ESHOO. Mr. Speaker, at this structure, Mr. Speaker, the Internet Today, if you browse the Internet and time I yield 2 minutes to the gen- has literally transformed into a plat- enter the search words ‘‘Russia, China, tleman from Pennsylvania (Mr. form supporting thousands of innova- human rights violations,’’ you’ll get DOYLE), a highly regarded member of tive companies, applications, and serv- back nearly 300 million hits. Think our committee. ices, not just in the United States, but about it. Five simple words, 300 million Mr. DOYLE. Mr. Speaker, I want to in communities around the world. hits. add my support for this important res- I’m very, very proud, because my In the future, how many of these sto- olution to safeguard the Internet from congressional district is very much a ries will you actually be able to read if government control.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.116 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5601 I’d like to thank my friend and col- The U.N. is the absolute last entity today ensures the Internet’s vibrancy league, MARY BONO MACK, and my that should have anything to do with will continue into the future. other colleagues from the Energy and managing the functioning of the Inter- Here, domestically, we have to en- Commerce Committee for introducing net. sure that the broadband barons don’t this measure, and I was delighted to Currently, the private, nonprofit close down this cacophony of voices become an original cosponsor. ICANN, which is the Internet Corpora- which are heard and stifle innovation. tion for Assigned Names and Numbers, But globally, yes, a number of coun- b 1850 performs this function. While ICANN is tries, including China and Russia, are This bipartisan resolution sends a far from perfect, having this responsi- now proposing measures that strike at clear message to the United Nations. It bility rest with a private entity helps the core of what makes the Internet tells the International Telecommuni- foster market principles and is the great. Their proposals could stifle inno- cation Union, which is the U.N. arm most efficient way to administer the vation, cripple job growth, muzzle handling telecommunications issues, Internet’s domain name system and democratic principles. These proposed not to adopt regulations that would root servers. measures include bringing the Internet make it easier for governments to ex- We must remain vigilant against ef- under intergovernmental control and ercise tracking, surveillance, or cen- forts by foreign governments to con- imposing fees for relaying Internet sorship online. solidate the control of the Internet traffic or termination rates for deliv- The Internet has developed into the into a U.N.-centered body, which would ering Internet traffic to its end des- revolutionary medium it is today be- lead to free speech and access restric- tination. cause decisions over the structure of tions and abuses. House Concurrent We have to resist and reject these re- the Internet have been made by non- Resolution 127 will show Congress’ gressive ideas. It would undermine the governmental, expert organizations. unity behind this concept, and I essence of the Internet. It would take These groups invite the participation strongly urge my colleagues to support us back to the days when, in the sat- of a number of stakeholders from aca- this important resolution. ellite world, it was the controlling gov- demia, the private sector, public inter- Ms. ESHOO. Mr. Speaker, I would ernmental officials in countries that ests, and other experts, and they’ve now like to yield 3 minutes to the gen- actually decided what ideas could go done a good job of avoiding a lot of the tleman from Massachusetts (Mr. MAR- into that country and made people pay political interference. KEY), who has been a recognized intel- exorbitant rates in order to get access At a time when some governments lectual leader on telecommunications to those ideas. The Internet—this have actively been blocking users from and the Internet for a long time in the packet switch system that was in- accessing certain Web sites online, I Congress. vented in the United States—breaks am glad to see my colleagues unite Mr. MARKEY. I thank the gentlelady down those barriers. We must ensure against such repressive actions and in for her great leadership. that we keep Internet freedom. Thank support of Internet freedom. Opposi- I have served 36 years on the Tele- you all for bringing this great resolu- tion to Internet censorship has always communications Subcommittee. No tion out to the floor here this evening. been a very bipartisan issue. I want to Member of Congress has ever done this. Mr. WALDEN. I reserve the balance make that clear because sometimes I know that this is an important mo- of my time. this issue gets confused with other pol- ment. This is an important resolution Ms. ESHOO. Mr. Speaker, I would icy issues like net neutrality. Some of because the Internet today is indispen- now like to yield 3 minutes to my dis- my colleagues have argued that net sable to our economy, intricately tinguished colleague from California, neutrality supporters somehow favor linked to innovation worldwide, and Representative ZOE LOFGREN, who is Internet censorship. I believe that initiates the free flow of ideas around respected in the House for her knowl- users should be able to surf the Inter- the planet. It is the most successful edge, not only of technology, but of all net however they want to without communications and commercial me- the wraparound issues that are a part being blocked from certain Web sites dium in the history of the world. of it. or services, which is what net neu- In testimony before the Tele- Ms. ZOE LOFGREN of California. trality is all about as well, so I think communications Subcommittee in Thank you, Representative ESHOO, and opposing censorship and favoring net May, Vint Cerf, known to many as the thank you to all who have brought this neutrality go hand in hand. ‘‘Father of the Internet,’’ explained: important bipartisan resolution for- Mr. Speaker, I am glad to see this To allow any rules that would sequester ward. resolution move forward in a bipar- this innovation and inhibit others would I remember, as the Internet was be- tisan fashion. I urge my colleagues to damage the future of the Internet dramati- ginning to take off commercially, that support it. cally. we had a discussion here in the govern- Mr. WALDEN. I now yield 3 minutes I could not agree more. That is why ment. Again, it was bipartisan, and to a member of the Judiciary Com- I strongly support this bipartisan reso- there was an understanding that the mittee who chairs the Intellectual lution with Ms. ESHOO, Mr. WAXMAN, Commerce Department was not going Property, Competition, and the Inter- Mr. WALDEN, and Ms. BONO MACK. This to be able to run the Internet. We did net Subcommittee and who has been is why we have to be out here together. something that was a risk, but it one of our terrific leaders on the Re- It is why we must send a bipartisan sig- worked out pretty well. We created publican side on the Internet with re- nal to the rest of the world that the ICANN, which basically allowed a gard to keeping it free and open, the United States will defend an open multistakeholder, nongovernmental gentleman from Virginia (Mr. GOOD- Internet. organization to do the technology, to LATTE). The World Wide Web is essential to assign the names and numbers. They’ve Mr. GOODLATTE. I would like to our economy. Companies large and not been perfect but not half bad. thank Chairman WALDEN for his great small rely on the Web regardless of What is before us today is a threat to work in this area and for his leadership whether their commercial aspirations what has been, as my colleague Mr. on this issue. are local or global. The Internet’s MARKEY has said, the greatest force in I rise to strongly support House Con- worldwide scope has also helped to fos- modern times for communication, for current Resolution 127. ter community and cultural commu- growth, for low-barrier entry into inno- Mr. Speaker, several hostile coun- nications across the planet. We have vation—the Internet. Whether it is to tries continue to pursue a U.N. take- recently witnessed the power of social tax it or to censor it for political or over of the Internet through an organi- media in toppling dictators and in pro- cultural reasons, we are aware that zation known as the International moting democracy across the globe. there are those around the world who Telecommunication Union, or ITU, What makes the Internet so special is wish to burn the Internet. We need to which is an agency within the United the decentralized, open system that take a stand in this body and with our Nations. In fact, a push is being made currently governs it. It is chaotic; it is administration to say ‘‘no’’ to that. to negotiate international control of impossible to control; and the multi- Whether the attempts to control the the Internet in Dubai this December. stakeholder process that is in place Internet from the top down come from

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.117 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5602 CONGRESSIONAL RECORD — HOUSE August 1, 2012 an international body like the Inter- the majority and the minority side of The question was taken. national Telecommunication Union or the aisle, for the work that they do on The SPEAKER pro tempore. In the from international trade agreements the committee. I thank you all, and I opinion of the Chair, two-thirds being and treaties—and there have been salute you. I look forward to a unani- in the affirmative, the ayes have it. many threats to the Internet that have mous vote of the United States House Mr. WALDEN. Mr. Speaker, on that I been included in our international of Representatives in support of a free demand the yeas and nays. treaties or even sometimes from our and open Internet. The yeas and nays were ordered. own government—we need to stand up With that, I yield back the balance of The SPEAKER pro tempore. Pursu- and protect the Internet and the free- my time. ant to clause 8 of rule XX, further pro- dom that it embodies. Mr. WALDEN. Mr. Chairman, I yield ceedings on this question will be post- We know that the multistakeholder myself as much time as I may con- poned. sume. approach is critical to the continued f robust growth of the Internet. We also Tonight, the U.S. House of Rep- know that the transparent, multi- resentatives will send a clear and dis- RESOLVING ENVIRONMENTAL AND stakeholder model has made the Inter- tinct message not only to our nego- GRID RELIABILITY CONFLICTS net such a hugely successful global tiators but to the world that we stand ACT OF 2012 platform for economic growth, human for liberty and we stand for freedom. Mr. OLSON. Mr. Speaker, I move to rights, and the free flow of informa- When it comes to the Internet, both of suspend the rules and pass the bill tion. those are incredibly important. (H.R. 4273) to clarify that compliance The Internet has brought us eco- with an emergency order under section b 1900 nomic prosperity not here alone but all 202(c) of the Federal Power Act may I’m proud to stand with my col- over the globe. The Internet has al- lowed for political discourse as never not be considered a violation of any leagues on both sides of the aisle to say Federal, State, or local environmental that America is going to stand up for imagined by the great scholars of Greece and Rome. It’s brought us intel- law or regulation, and for other pur- freedom, we’re going to stand up for poses, as amended. technology, and we’re not going to lectual capabilities. If you think about what you can do on the Internet today The Clerk read the title of the bill. allow anyone, whatever their inten- The text of the bill is as follows: tions may be, to threaten the freedom to research something, to evaluate H.R. 4273 of the Internet to succeed. something, there are an unlimited Be it enacted by the Senate and House of Rep- I appreciate Mrs. BONO MACK’s efforts number of sources of data. It’s im- proved our lives. It’s improved our resentatives of the United States of America in in this regard, along with Ms. ESHOO’s, Congress assembled, and the entire committee. I’m proud to lives through our political systems. It’s allowed people who thought they had SECTION 1. SHORT TITLE. be a cosponsor of the measure. I look This Act may be cited as the ‘‘Resolving Envi- forward to its resounding success in a no opportunity to effect change to have an overwhelming effect by commu- ronmental and Grid Reliability Conflicts Act of vote tomorrow. 2012’’. nicating together. This really is a vote Mr. WALDEN. Mr. Speaker, I con- SEC. 2. AMENDMENTS TO THE FEDERAL POWER tinue to reserve the balance of my for liberty. It’s a vote for freedom. It’s ACT. time. a vote for free speech. It’s a vote for (a) COMPLIANCE WITH OR VIOLATION OF ENVI- Ms. ESHOO. Mr. Speaker, how much the things that our Founders believed RONMENTAL LAWS WHILE UNDER EMERGENCY time do I have? in when they gave us the Constitution ORDER.—Section 202(c) of the Federal Power The SPEAKER pro tempore. The gen- and the Bill of Rights. It’s our version Act (16 U.S.C. 824a(c)) is amended— (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and tlewoman from California has 8 min- of that. We know that there are forces out (2) by adding at the end the following: utes remaining. there in the world that are opposed to ‘‘(2) With respect to an order issued under this Ms. ESHOO. I’ll just make some clos- all of those things, because they want subsection that may result in a conflict with a ing comments because I don’t have command and control of their people, requirement of any Federal, State, or local envi- anyone else who is here to speak to ronmental law or regulation, the Commission and that’s not right. We have an oppor- this. shall ensure that such order requires genera- tunity tonight to send a clear and con- Mr. Speaker, I think that everyone tion, delivery, interchange, or transmission of vincing message that we stand in who has spoken has really spoken electric energy only during hours necessary to America for freedom of the Internet, beautifully about this issue, about meet the emergency and serve the public inter- for no government anywhere in the est, and, to the maximum extent practicable, is what the Internet represents not only globe taking charge of it and shutting consistent with any applicable Federal, State, or to individuals, businesses, students, it down and denying that great human local environmental law or regulation and mini- how it has changed how we live, how spirit that we believe in so much here mizes any adverse environmental impacts. we work, how we learn, and the jobs in America. ‘‘(3) To the extent any omission or action that it has produced, what it has done Mr. Speaker, I ask my colleagues to taken by a party, that is necessary to comply for our national economy, but also with an order issued under this subsection, in- join us in a unanimous show of support. cluding any omission or action taken to volun- what it has done relative to exporting I thank my staff and the staff of Rep- democracy. Of course, the United tarily comply with such order, results in non- resentative ESHOO and Ranking Mem- compliance with, or causes such party to not States is front and center in this. ber WAXMAN for their good work on comply with, any Federal, State, or local envi- It’s a very interesting thing to me to this, and especially to my colleague ronmental law or regulation, such omission or examine those countries that are from California, MARY BONO MACK, who action shall not be considered a violation of thinking another way and want to im- raised this with us early on and worked such environmental law or regulation, or subject pose that thinking on the Internet. closely to write a piece of legislation, such party to any requirement, civil or criminal There are far more closed societies liability, or a citizen suit under such environ- that, as you can see in a sometimes mental law or regulation. where freedom of thought, freedom of otherwise controversial House, has expression is not valued the way we do ‘‘(4)(A) An order issued under this subsection brought us all together. That’s a real that may result in a conflict with a requirement and other democracies do. So we need tribute to Congresswoman BONO of any Federal, State, or local environmental to form partnerships with other coun- MACK’s work. law or regulation shall expire not later than 90 tries around the world to make sure With that, Mr. Speaker, I call on my days after it is issued. The Commission may that the democratizing effect that the colleagues to support this resolution, renew or reissue such order pursuant to para- Internet actually holds will continue. and I yield back the balance of my graphs (1) and (2) for subsequent periods, not to I’m proud to join again with my col- time. exceed 90 days for each period, as the Commis- leagues, with Mr. WALDEN, the distin- The SPEAKER pro tempore. The sion determines necessary to meet the emergency guished chairman of our subcommittee, question is on the motion offered by and serve the public interest. ‘‘(B) In renewing or reissuing an order under and Representative BONO MACK, who the gentleman from Oregon (Mr. WAL- subparagraph (A), the Commission shall consult led the effort with this resolution. I’m DEN) that the House suspend the rules with the primary Federal agency with expertise proud that we’re all together. And I al- and agree to the concurrent resolution, in the environmental interest protected by such ways want to thank our staff, both on H. Con. Res. 127. law or regulation, and shall include in any such

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4634 Sfmt 6333 E:\CR\FM\K01AU7.119 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5603 renewed or reissued order such conditions as the emergency. That tool is an emer- ability during a power emergency with- such Federal agency determines necessary to gency order issued under section 202(c) out facing lawsuits or penalties. minimize any adverse environmental impacts to of the Federal Power Act. DOE can I am extremely pleased with the bi- the maximum extent practicable. The conditions, order a power plant to generate elec- if any, submitted by such Federal agency shall partisan support this bill has received. be made available to the public. The Commission tricity when outages occur due to This is proof that we can find common may exclude such a condition from the renewed weather events, equipment failures, or ground when working to address a crit- or reissued order if it determines that such con- when the electricity supply is too low ical glitch in Federal law and provide dition would prevent the order from adequately and could cause a blackout. As they reliable energy supply to all Ameri- addressing the emergency necessitating such should, DOE can force a company to cans. order and provides in the order, or otherwise comply with a 202(c) order even if it I want to thank committee Chairman makes publicly available, an explanation of means a technical violation of environ- FRED UPTON, Ranking Member HENRY such determination.’’. mental law. Unfortunately, under cur- (b) TEMPORARY CONNECTION OR CONSTRUC- WAXMAN, and Subcommittee Chairman TION BY MUNICIPALITIES.—Section 202(d) of the rent law, a company or individual can ED WHITFIELD and Ranking Member Federal Power Act (16 U.S.C. 824a(d)) is amend- be held liable for this technical viola- BOBBY RUSH for their support and as- ed by inserting ‘‘or municipality’’ before ‘‘en- tion even when they are acting under a sistance in moving this bill forward. I gaged in the transmission or sale of electric en- Federal order to avoid a blackout. also want to thank my colleagues on ergy’’. In recent years, these conflicting the committee, GENE GREEN and MIKE The SPEAKER pro tempore. Pursu- Federal laws have resulted in lawsuits DOYLE, for working with me to fix this ant to the rule, the gentleman from and heavy fines for electricity pro- problem and to keep power running for Texas (Mr. OLSON) and the gentleman viders who were complying with DOE all Americans in an emergency. from Pennsylvania (Mr. DOYLE) each orders. A power generator in San Fran- Mr. Speaker, I urge my colleagues to will control 20 minutes. cisco had to pay a significant sum as a support this commonsense, bipartisan The Chair recognizes the gentleman settlement after they were ordered by legislation that protects energy con- from Texas. DOE to exceed their emissions limits sumers, the environment, and those GENERAL LEAVE to avoid a blackout. Unless Congress who provide the power. Mr. OLSON. Mr. Speaker, I ask unan- passes legislation to resolve the poten- I reserve the balance of my time. imous consent that all Members may tial conflict of laws, the effectiveness Mr. DOYLE. Mr. Speaker, I yield my- have 5 legislative days in which to re- of this tool is in jeopardy. self as much time as I may consume. As testimony this year before the vise and extend their remarks and in- The bill before us today is the result House Energy and Commerce Com- sert extraneous materials in the of efforts from both sides of the aisle to mittee confirms, the next time DOE in- RECORD on H.R. 4273. find a solution that really works for in- vokes 202(c), the power generator may The SPEAKER pro tempore. Is there dustry, government, and our environ- choose to fight the order in court if it objection to the request of the gen- ment. conflicts with an environmental law. tleman from Texas? Currently, the Department of Energy Conflicting Federal laws put a power There was no objection. has the authority to issue a ‘‘must- generator in a no-win situation—either Mr. OLSON. Mr. Speaker, I yield my- run’’ order to a power provider in emer- sue DOE to comply with environmental self as much time as I may consume. gency cases to protect grid reliability. laws or be sued by third parties for Mr. Speaker, I rise today in support At the same time, environmental laws compliance with DOE orders. of H.R. 4273, Resolving Environmental and regulations could prohibit a com- and Grid Reliability Conflicts Act of H.R. 4273 eliminates the legal conflict facing power generators and their cus- pany from complying with a DOE 2012. must-run order. So a company is left in My colleagues and I carefully drafted tomers by providing a needed safety valve, which clarifies that compliance the position of choosing which law it this bill to resolve a conflict between violates—environmental rules or an the Federal Power Act and environ- with an emergency order under section 202(c) of the Federal Power Act may emergency order from the Department mental laws and regulations that, if of Energy. left unresolved, could create serious not be considered a violation of any In fact, Mr. Speaker, this has hap- problems for the reliability of our Na- Federal, State, or local environmental pened in the past. During the Cali- tion’s electric grid. law or regulation. fornia energy crisis, and as recently as Every year, as the heat of summer Emergency orders are not issued 2005 in Virginia, a company was issued settles in across our country and de- lightly and only under extreme power emergency orders by the Department mand surges for electricity, the poten- reliability scenarios. In the last 30 of Energy. To comply with those or- tial for dangerous power outages years, this authority has only been ders, the company was temporarily in grows. Some States, such as California, used six times. But when the need noncompliance with environmental and my home State of Texas, are being arises, my legislation will ensure that law. Therefore, after complying with warned by electricity regulators that DOE works to minimize any adverse an emergency must-run order, the com- reserve margins could dip dangerously environmental impacts, meaning they pany was both fined and forced to set- low. must balance environmental interests tle a citizen lawsuit. If it happens once, Texas is expected to have a 2,500 with reliability needs. twice, or 50 times, it will never be prop- megawatt shortfall in generating ca- While I believe DOE may need to use er for the Federal Government to put a pacity—equivalent to five large power its emergency authority more often in company in the position of choosing plants—as early as 2014. This shortfall the future given the strain EPA’s new which law to violate. could cause rolling blackouts across power sector rules will put on the elec- Texas that have the potential to im- tric grid, I still expect DOE emergency Reliability concerns for our electric pact more than 25 million people. authority orders to be the exception, grid are real, and power plant retire- not the rule. ments are being announced nearly b 1910 In those rare instances when the au- every week. In June, the North Amer- As we’ve seen happen before in our thority is invoked, we should not pun- ican Electric Reliability Corporation country, and as we are watching it un- ish generators that are simply fol- issued their summer reliability assess- fold in India this week, an unexpected lowing orders from the Federal Govern- ment. They told us that reserves in loss of power can result in significant ment. That’s why we must amend the Texas are coming up short to meet harm to human health and the environ- Federal Power Act so that generators peak demand and that the California ment. are not forced to choose between com- reserve margin will be extremely tight. Prior experience shows that in rare pliance with an emergency order and So this bill will fix a clear conflict in and limited circumstances, emergency environmental regulations. Federal laws with a narrow, targeted actions are needed to ensure the reli- This conflict is why I introduced this approach. This bill will ensure that the able delivery of electricity. In these bipartisan legislation to allow Amer- Department of Energy will have the circumstances, the Department of En- ica’s power companies to comply with ability to keep the lights on while still ergy has a tool of last resort to address Federal orders to maintain grid reli- protecting the environment.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.049 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5604 CONGRESSIONAL RECORD — HOUSE August 1, 2012 The bill before us simply clarifies dates should not complicate an electric Mr. WAXMAN. I would like to make a few that if an emergency order issued pur- reliability crisis. comments on the committee process for H.R. suant to section 202(c) of the Federal As a long-time member of the Energy 4273. Power Act may result in such a con- and Commerce Committee and some- As introduced, I had substantial concerns flict with an environmental law or reg- one who has worked on both reliability about H.R. 4273. The introduced bill gave the ulation, it shall expire not later than and environmental legislation during Department of Energy unprecedented and un- 90 days after issuance. This is to ensure that time, I can honestly say it was checked new authority to waive any federal, that DOE continues to have the nec- never our intention to put electric-gen- state or local environmental law if DOE deter- essary authority to ‘‘keep the lights erating facilities in the position of hav- mines there is an emergency with respect to on’’ in true emergencies. ing to choose between compliance with electric power, and the only references to en- It then gives DOE the opportunity to one law over another. vironmental safeguards in the bill were hor- renew or reissue such an order for an And while there have only been a tatory. This approach was unacceptable. I also additional 90-day period after con- couple of instances to date where a believed that the bill was unnecessary, as fed- sulting with the appropriate Federal generator has been in this situation, eral agencies already have the tools nec- agencies and including conditions sub- the potential for conflict will only essary to resolve any conflicts between envi- mitted by such agencies to mitigate grow as several coal-fired plants are ronmental requirements and emergency or- adverse environmental impacts. DOE scheduled to be taken offline in the ders. may exclude a recommended condition coming years. However, the bill’s sponsors, the committee from the order if it determines the con- And as my Pennsylvania colleague Chairman, and the affected industry were will- dition would prevent the order from noted, we have potential reliability ing to engage in serious, substantive negotia- adequately addressing the emergency. issues in my and Mr. OLSON’s home tions to improve the bill, which produced sig- Mr. Speaker, this bill is the result of State of Texas. Even though we are nificant improvements. The version of the bill many months of work with members under a separate grid—ERCOT—it’s im- reported from Committee is narrower in scope on both sides of the Energy and Com- portant that we have this distinction and effect, and provides some environmental merce Committee. It is supported by corrected. safeguards. both the chairman and the ranking b 1920 I would like to extend my thanks to all of the member of the committee. And I ask That’s why Congress needs to address participants in the negotiations for a good-faith my colleagues to support it also. this issue, right here, right now or else and productive process. In particular, I would I want to thank the gentleman from we risk threatening our electrical reli- like to thank Mr. DOYLE and Mr. GREEN for Texas (Mr. OLSON). It has been a pleas- ability. H.R. 4273 clarifies that if an their leadership and hard work on making im- ure to work with him on this piece of emergency order issued pursuant to provements and producing a bill that can be legislation. It is my hope that all our section 202(c) of the Federal Power Act supported on a broad bipartisan basis. I also colleagues also support this legislation. may result in a conflict with an envi- want to thank Chairman UPTON and Sub- Mr. Speaker, I reserve the balance of ronmental law or regulation, the order committee Chairman WHITFIELD and Rep- my time. shall expire no later than 90 days after resentative OLSON for working with us. The Mr. OLSON. I thank my colleague issuance. This is to ensure that DOE language of this bill represents a delicate com- from Pennsylvania for his kind words. continues to have the necessary au- promise that was very carefully negotiated, Mr. Speaker, at this time, I see no thority to ‘‘keep the lights on’’ in true and changes to the bill before us could well colleagues on my side of the aisle look- emergencies. jeopardize that broad support. ing to speak, so I will reserve the bal- However, it then gives DOE the op- H.R. 4273, as it is before us today, requires ance of my time. portunity to renew or reissue the order any emergency order that may result in a con- Mr. DOYLE. Mr. Speaker, it is a for an additional 90-day period only flict with environmental requirements to require pleasure for me to now yield such time after consulting with the appropriate generation only during the hours necessary to as he may consume to the gentleman Federal agencies and including condi- meet the emergency and to minimize any ad- from Texas (Mr. GENE GREEN), a valu- tions submitted by these agencies to verse environmental impacts to the maximum able member of our Energy and Com- mitigate the adverse environmental extent practicable. The reported bill also limits merce Committee. impacts. the length of such an order to 90 days, and Mr. GENE GREEN of Texas. Mr. This is not a messaging bill. This is requires any renewed order to include any Speaker, I would like to thank both my not an anti-EPA bill or an anti air conditions identified by the relevant federal en- colleague from Pennsylvania and also toxic standards bill. Instead, it’s a vironmental agency as necessary to minimize my neighbor in Texas, Congressman commonsense bill that would address a any environmental impacts. OLSON, for making sure we get this bill very worrisome deficiency in current In discussions and testimony on the bill, to the floor today. law that is only going to become more DOE officials informed the Committee that in I rise in strong support of H.R. 4273, prominent in the coming years. any situation where time permits, they always the Resolving Environmental and Grid This is one of a handful of bills that consult with and rely on the relevant expert Reliability Conflicts Act of 2012. This actually was supported by both Demo- environmental agency with respect to mini- bipartisan legislation addresses a long- crats and Republicans in the Energy mizing environmental impacts of an emer- standing conflict in Federal law where and Commerce Committee. It also has gency order, and they assured the Committee a company or individual can be held support from the utility industry. that they would continue this practice. This as- liable for violating environmental laws That’s why I encourage my colleagues surance is important to my support for the bill. when complying with a Federal order on both sides of the aisle to support the The SPEAKER pro tempore. The to generate power to avoid blackouts. bill. question is on the motion offered by Section 202(c) of the Federal Power Mr. OLSON. Mr. Speaker, I reserve the gentleman from Texas (Mr. OLSON) Act gives the Department of Energy the balance of my time to close. that the House suspend the rules and the authority to order an electric-gen- Mr. DOYLE. Mr. Speaker, we have no pass the bill, H.R. 4273, as amended. erating facility to operate to avoid a further speakers, and at this time I The question was taken; and (two- reliability emergency. At the same yield back the balance of my time. thirds being in the affirmative) the time, environmental laws and regula- Mr. OLSON. Mr. Speaker, in closing, rules were suspended and the bill, as tions may restrict the operation of H.R. 4273 is a bipartisan, commonsense amended, was passed. power plants or transmission lines. piece of legislation that ensures that A motion to reconsider was laid on So if a company or publicly owned during a power crisis, the lights will the table. utility is ordered by the DOE to oper- come on when it’s dark, the heat will f ate under section 202(c) and at the come on when it’s cold, and the air same time is prohibited from operating conditioning will come on when it’s RESIDENTIAL AND COMMUTER in accordance with the DOE order due hot. And lives will be saved. TOLL FAIRNESS ACT OF 2011 to environmental limitations, the oper- I urge my colleagues to vote for H.R. Mr. CRAWFORD. Mr. Speaker, I ator must choose which legal mandate 4273, and I yield back the balance of my move to suspend the rules and pass the to follow. These conflicting legal man- time. bill (H.R. 897) to provide authority and

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.124 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5605 sanction for the granting and issuance (b) PURPOSES.—The purposes of this Act I urge my colleagues to join me in of programs for residential and com- are— supporting the legislation, and I re- muter toll, user fee, and fare discounts (1) to clarify the existing authority of serve the balance of my time. by States, municipalities, other local- States, counties, municipalities, and multi- Mr. LARSEN of Washington. Mr. jurisdictional transportation authorities to Speaker, I yield myself such time as I ities, and all related agencies and de- establish programs that offer discounted partments, and for other purposes. transportation tolls, user fees, and fares for may consume. The Clerk read the title of the bill. residents in specific geographic areas; and Mr. Speaker, I understand the objec- The text of the bill is as follows: (2) to authorize the establishment of such tive of the legislation before the House H.R. 897 programs, as necessary. today—to clarify the existing author- Be it enacted by the Senate and House of Rep- SEC. 3. AUTHORIZATION OF LOCAL RESIDENTIAL ity of public authorities to offer dis- resentatives of the United States of America in OR COMMUTER TOLL, USER FEE OR counts in transportation tolls to resi- Congress assembled, FARE DISCOUNT PROGRAMS. dents of communities faced with lim- SECTION 1. SHORT TITLE. (a) AUTHORITY TO PROVIDE RESIDENTIAL OR ited transportation access and heavy COMMUTER TOLL, USER FEE, OR FARE DIS- This Act may be cited as the ‘‘Residential toll burdens. and Commuter Toll Fairness Act of 2011’’. COUNT PROGRAMS.—States, counties, munici- palities, and multi-jurisdictional transpor- Last Congress, the House passed SEC. 2. FINDINGS AND PURPOSES. tation authorities that operate or manage similar legislation. That legislation, at (a) FINDINGS.—Congress finds the fol- roads, highways, bridges, railroads, busses, the time introduced by Mr. McMahon lowing: of New York, reaffirmed the authority (1) Residents of various localities and po- ferries, or other transportation systems are litical subdivisions throughout the United authorized to establish programs that offer of States and local governments to pro- States are subject to tolls, user fees, and discounted transportation tolls, user fees, or vide discounted fare or toll rates to fares to access certain roads, highways, other fares for residents of specific geo- residents faced with undue financial bridges, railroads, busses, ferries, and other graphic areas in order to reduce or alleviate hardships imposed by highway and transportation systems. toll burdens imposed upon such residents. bridge tolls. (b) RULEMAKING WITH RESPECT TO THE (2) Revenue generated from transportation We recognize that the residents of STATE, LOCAL, OR AGENCY PROVISION OF tolls, user fees, and fares is used to support TOLL, USER FEE OR FARE DISCOUNT PRO- Staten Island are forced to endure various infrastructure maintenance and cap- GRAMS TO LOCAL RESIDENTS OR COMMUTERS.— some of the highest toll burdens in the ital improvement projects that directly ben- States, counties, municipalities, and multi- country. The legislation passed by the efit commuters and indirectly benefit the re- jurisdictional transportation authorities gional and national economy. last Congress would have provided a that operate or manage roads, highways, (3) Residents of certain municipalities, targeted approach to address the bridges, railroads, busses, ferries, or other counties, and other localities endure signifi- unique challenges facing communities transportation systems are authorized to cant or disproportionate toll, user fee, or like Staten Island. enact such rules or regulations that may be fare burdens compared to others who have a Unfortunately, unlike Mr. necessary to establish the programs author- greater number of transportation options be- McMahon’s bill from last Congress, ized under subsection (a). cause such residents— (c) RULE OF CONSTRUCTION.—Nothing in H.R. 897 as currently drafted is overly (A) live in geographic areas that are not this Act may be construed to limit or other- broad and raises some potentially seri- conveniently located to the access points for wise interfere with the authority, as of the ous legal issues. roads, highways, bridges, rail, busses, ferries, date of the enactment of this Act, of States, A number of highway user organiza- and other transportation systems; counties, municipalities, and multi-jurisdic- tions, including the American Highway (B) live on islands, peninsulas, or in other tional transportation authorities that oper- places that are only accessible through a Users Alliance, have raised concerns ate or manage roads, highways, bridges, rail- means that requires them to pay a toll, user that H.R. 897 could lead to discrimina- roads, busses, ferries, or other transpor- fee, or fare; or tion against interstate commerce, and tation systems. (C) are required to pay much more for be used in an attempt to preclude con- transportation access than residents of sur- The SPEAKER pro tempore. Pursu- stitutional challenges to an individual rounding jurisdictions, or in other jurisdic- ant to the rule, the gentleman from Ar- toll or fare discount program. tions across the country, for similar trans- kansas (Mr. CRAWFORD) and the gen- Unfortunately, the Committee on portation options. tleman from Washington (Mr. LARSEN) Transportation and Infrastructure has (4) To address this inequality, and to re- each will control 20 minutes. not held any hearings to examine the duce the financial hardship often imposed on The Chair recognizes the gentleman potential implications of this legisla- such residents, several State and municipal from Arkansas. governments and multi-State transportation tion. The Republican leadership has de- authorities have established programs that GENERAL LEAVE cided to bring this bill to the floor with authorize discounted transportation tolls, Mr. CRAWFORD. Mr. Speaker, I ask no notice, at least not to this side of user fees, and fares for such residents. unanimous consent that all Members the aisle, under suspension of the rules (5) Transportation toll, user fee, and fare may have 5 legislative days in which to prior to the important issues raised by discount programs based on residential sta- revise and extend their remarks and in- this bill being examined and, if nec- tus— clude extraneous materials on H.R. 897. essary, addressed. (A) address actual unequal and undue fi- The SPEAKER pro tempore. Is there Mr. Speaker, the House should be nancial burdens placed on residents who live objection to the request of the gen- considering legislation to simply rein- in areas that are only accessible through a means that requires them to pay a toll, user tleman from Arkansas? force the existing right of communities fee, or fare; There was no objection. to reduce the extreme toll burdens (B) do not disadvantage or discriminate Mr. CRAWFORD. Mr. Speaker, I borne by captive toll payers. We should against those individuals ineligible for resi- yield myself such time as I may con- not be considering legislation that dential toll, user fee, or fare discount pro- sume. could be used to implement programs grams; Because of the geographic area in that impede interstate commerce by (C) are not designed to favor the interests which they live, many Americans don’t encouraging States and public authori- or promote the domestic industry or eco- have as many transportation options ties to find ways to shift the burden of nomic development of the State imple- as others. As a result, these people are menting such programs; tolls to out-of-State residents, or (D) do not interfere or impose undue bur- more directly impacted by highway truckers, for that matter, or those dens on commerce with foreign nations or and bridge tolls than others who live in making longer through trips. interfere or impose any undue burdens on areas with several transportation op- Not all residential-based toll dis- commerce among the several States, or com- tions. counts are fair or necessarily appro- merce within particular States; This bill simply emphasizes that priate, but some are. The context and (E) do not interfere or impose undue bur- State and local governments have the how they are implemented are impor- dens on the ability of individuals to travel authority to establish toll programs tant to determining if they are appro- among, or within, the several States; that offer discounted rates for resi- priate. (F) do not constitute inequitable treat- dents in specific geographic areas. By Unfortunately, as currently drafted, ment or deny any person within the jurisdic- tion of the United States the equal protec- exercising such authority, State and H.R. 897 could be used to remove any tion of the laws; and local governments can mitigate the case that could be made against a toll (G) do not abridge the privileges or immu- impact of tolls on residents who have discount program. In that sense, it is nities of citizens of the United States. fewer transportation options. overly broad and unreasonable.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.126 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5606 CONGRESSIONAL RECORD — HOUSE August 1, 2012 I would hope that as we move for- on residential toll discounts, which is Mr. CRAWFORD. Mr. Speaker, I urge ward, we can address the concerns of why this legislation is crucial to mak- my colleagues to join me in supporting the highway user community and en- ing sure we protect those new rates. this important legislation, and I yield sure that this legislation is not used to The Residential Commuter Toll Fair- back the balance of my time. preclude challenges to toll discount ness Act provides clarification only of The SPEAKER pro tempore. The programs. the existing authority of local govern- question is on the motion offered by With that, I reserve the balance of ments to issue or grant transportation the gentleman from Arkansas (Mr. my time. toll, user fee or fare discount programs CRAWFORD) that the House suspend the Mr. CRAWFORD. Mr. Speaker, I based on residential status. It also pro- rules and pass the bill, H.R. 897. yield such time as he may consume to vides congressional authorization for The question was taken; and (two- the distinguished gentleman from New discount programs. Passage of H.R. 897 thirds being in the affirmative) the York (Mr. GRIMM), the sponsor of this is nothing more than clarification of rules were suspended and the bill was bill. what can already be done, and I ask for passed. Mr. GRIMM. Mr. Speaker, I thank the strong support of my colleagues. A motion to reconsider was laid on the gentleman from Arkansas. Mr. LARSEN of Washington. Mr. the table. Just to clarify the record, this bill, Speaker, I yield myself such time as I f which I stand in strong support of—but may consume. MILLE LACS LAKE FREEDOM TO actually before that, let me just say First, I would just like to enter in FISH ACT OF 2012 that I want to thank my colleague and the RECORD a letter from the American Mr. CRAVAACK. Mr. Speaker, I friend, GREG MEEKS, for all of his work Highway Users Alliance dated August 1 move to suspend the rules and pass the on this. It was a true bipartisan effort. expressing concerns about the legisla- bill (H.R. 5797) to amend title 46, But this bill, all it does is clarify what tion. United States Code, with respect to is already allowed by law. So to say AMERICAN HIGHWAY USERS ALLIANCE, Mille Lacs Lake, Minnesota, and for that it is overly broad, it’s almost ri- August 1, 2012. other purposes, as amended. DEAR MEMBER OF CONGRESS: This after- diculous because again, all this does is The Clerk read the title of the bill. clarify what is already allowed by law. noon, under suspension of the rules, the House will consider HR 897, the Residential The text of the bill is as follows: States and cities already have. There H.R. 5797 were challenges in court that have and Commuter Toll Fairness Act of 2011, sponsored by New York City Representatives Be it enacted by the Senate and House of Rep- failed, and the purpose of this legisla- Grimm and Meeks. We write to express seri- resentatives of the United States of America in tion is to make sure that those frivo- ous concerns about this bill. Congress assembled, lous challenges do not continue to go We are on record in support of greater toll- SECTION 1. SHORT TITLE. forward. ing accountability and fairness for com- This Act may be cited as the ‘‘Mille Lacs Lake The Residential and Commuter Toll muters. For example, we have endorsed HR Freedom To Fish Act of 2012’’. Fairness Act, I feel it is vital to toll 3684, the Commuter Protection Act, also au- SEC. 2. MILLE LACS LAKE, MINNESOTA. discount programs, specifically for my thored by Congressman Grimm. We share Notwithstanding any other provision of law, constituents, but for all of New York particular concerns about the high costs of the owner or operator of a vessel operating on tolling for New York City residents. However Mille Lacs Lake, Minnesota, shall not, with re- and throughout this country. the provisions of HR 897 are not narrowly spect to such vessel, be subject to any Federal I would like to also thank Chairman constructed for New York’s specific problems requirement under subtitle II of title 46, United MICA, who traveled to my district, to and have unintended consequences for other States Code, relating to licensing or vessel in- Staten Island, for moving this bill for- toll-payers throughout the country. spection. ward and for seeing firsthand in Staten HR 897 broadly authorizes local tolling dis- The SPEAKER pro tempore. Pursu- Island the devastating effects and the count programs. If this bill were narrowly ant to the rule, the gentleman from constructed to apply to places like Staten Is- impacts that tolls can have. Minnesota (Mr. CRAVAACK) and the gen- Again, this bill, all it does is con- land, New York; where residents are only able to access their homes and businesses via tleman from Washington (Mr. LARSEN) tinue to clarify and allow the States tolled bridges, our concerns would be mini- each will control 20 minutes. and municipal governments to offer the mal. But HR 897 allows my State or local ju- The Chair recognizes the gentleman discounted toll rates to residents for risdiction to charge discriminatory toll rates from Minnesota. trips taken on roads, bridges, rail, bus, for non-residents, even on the National High- GENERAL LEAVE ferry, and other transportation sys- way System, and regardless of circumstance Mr. CRAVAACK. Mr. Speaker, I ask tems. or impact on interstate commerce. unanimous consent that all Members In effect, this bill could actually encourage I introduced the legislation for one have 5 legislative days in which to re- purpose: it was in response to a 2009 more tolls for all and higher tolls for se- lected users, authorizing locally popular vise and extend their remarks and in- case in which the U.S. Court of Appeals tolling schemes that, in effect, overcharge clude extraneous materials on H.R. for the Second Circuit questioned the interstate and long distance travelers who 5797. constitutionality of discounts for resi- have no vote at the local ballot box. The SPEAKER pro tempore. Is there dents of towns bordering the New York If States and local governments widely objection to the request of the gen- Thruway. In New York, we simply adopt the practice of tolling non-residents to tleman from Minnesota? can’t afford to lose our discounts. pay higher rates than locals, it could sharply There was no objection. The majority of my district in New increase the costs of interstate tourism and Mr. CRAVAACK. Mr. Speaker, I yield York City is an island; it’s Staten Is- freight. These are national concerns requir- myself as much time as I may con- ing caution from Congress. The federal gov- sume. land. And the only way to drive on or ernment has an obligation to regulate inter- off the island is to cross a bridge and state commerce. As such, HR 897 should be Mr. Speaker, in March 2010, the U.S. pay a toll, something many of my con- revised to ensure that interstate and non- Coast Guard ruled that Mille Lacs stituents do often as part of their daily local traffic is not treated unfairly, by State Lake was a federally navigable body of commute. Without a discount, it costs and local tolling authorities. water based on historical interstate $13 to cross the Verrazano Bridge. Yes, Sincerely, commerce. I said $13 without the Staten Island GREGORY M. COHEN, Specifically, the Coast Guard justi- President & CEO. residential EZ-Pass discount. On the fied their actions by using a U.S. Army other side of Staten Island, going to Second, I think the gentleman from Corps of Engineers determination from New Jersey, the cash tolls on three New York makes a compelling case for 1981 that said because lumberjacks in bridges have just gone up to $12, and why the bill should be more narrowly the 1800s floated logs on Mille Lacs that amount is slated to go up in 2015 focused. Lake and down the Rum River, Mille to $15. That’s without the residential And third, Mr. Speaker, I may say Lacs Lake should now be made a feder- discount. things on the floor that people disagree ally navigable water body. Currently, with, but I do save my almost ridicu- the Rum River is dammed in three b 1930 lous statements for off the floor and places, and the same Corps of Engi- On Staten Island, we have fought not the floor of the House. neers report said that the dams pro- long and hard to reach an agreement I yield back the balance of my time. hibit through navigation. In addition,

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.127 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5607 two previous Army Corps determina- Power Co., 311 U.S. 377, 408 (‘‘When once unable to provide adequate justifica- tions in 1931 and 1974 also considered found navigable, a waterway remains so.’’). tion for the navigability determination the river nonnavigable. When logs are floated on a waterway in beyond the Army Corps report. I would like to submit the U.S. Coast interstate commerce, the waterway is a My legislation would stop fishing highway for interstate commerce. See id. at guides from being forced to spend over Guard determination for the RECORD. 405; Wisconsin Public Service Corp. v. Federal $2,000 on obtaining a fishing license MEMORANDUM Power commission, 147 F.2d 743 (7th Cir. 1945); United States v. Underwood, 344 F. Supp. 486, they simply just don’t need. Ulti- From: D. L. Nichols, CAPT, USCG, CGD mately, it will allow Minnesotans to Eight (dl). 490 (M.D. Fla. 1972). To: S. L. Hudson, CAPT, USCG, CG Sector B. In April 1981 the ACOE conducted an focus on what is most important—en- Upper Mississippi River (s). historical analysis of commerce on Mille joying one of Minnesota’s most beau- Subj: Navigability Determination for Mille Lacs Lake and the Run River in Minnesota. tiful lakes. Lacs Lake, Minnesota. See encl. (1). Historical accounts in the docu- This has been fully vetted by the Ref: (a) 33 C.F.R. § 2.36; (b) 33 C.F.R. ment reveal a history of interstate com- Mille Lacs Band of Ojibwe and National § 3.40–1; (c) 33 C.F.R. § 3.45–1. merce on Mille Lacs Lake. Specifically, Association of State Boating Law Ad- 1. For the purpose of determining its juris- Mille Lacs Lake was ‘‘used in the transpor- ministrators. This legislation is also dictional authority, the Coast Guard has de- tation of logs’’ from 1848 to 1904, and evi- dence shows that at least a portion of the supported by the Minnesota Depart- termined that Mille Lacs Lake is a ‘‘navi- ment of Labor and Industry, fishing gable waterway of the United States.’’ logs floated were transported to markets 2. The geographic boundary between the outside of the state. Encl (1) at 5. guides and resort owners, Minnesota Eighth Coast Guard District and the Ninth 3. Conclusion. Mille Lacs Lake has been Anglers for Habitat and Minnesota Coast Guard District currently runs through used in the past as a highway for interstate Outdoor Heritage Alliance. Mille Lacs Lake. This navigability deter- commerce. The Coast Guard thus determines I would like to submit for the mination is for the entirety of Mille Lacs that Mille Lacs Lake is a ‘‘navigable water RECORD a letter of support from the Lake. The Ninth District Legal Staff has re- of the United States’’ and the Coast Guard Minnesota Outdoor Heritage Alliance. viewed and agrees with this determination. may properly enforce applicable federal law MINNESOTA OUTDOOR 3. No federal statute addresses the naviga- on this waterway. HERITAGE ALLIANCE, bility of Mille Lacs Lake, and no federal Enclosure: Army Corps of Engineers June 31, 2012. court has determined the navigability of the (ACOE) memo of 2 April 1981: Navigability REPRESENTATIVE CRAVAACK: As president waterway. Furthermore, Mille Lacs Lake is Determination for Mille Lacs Lake and Rum of the Minnesota Outdoor Heritage Alliance not subject to tidal influence. This naviga- River, Minnesota (MOHA), I am always interested in legisla- bility determination is based on the histor- Now the U.S. Coast Guard is forcing tion that preserves our constitutional right ical use of the waterway. Specifically, Mille all Mille Lacs Lake fishing guides to to hunt and fish, improves sportsmen re- Lacs Lake has been used, in connection with spend time and money to obtain a Fed- cruitment and retention or increases the other waters, as a highway for substantial eral boating license. This license and economic viability of these pursuits for Min- interstate or foreign commerce. nesota’s sportsmen and women. Because of 4. Navigability determinations are admin- associated costs can run well over these organizational goals, I am submitting istrative findings based on the criteria set $2,000, and according to testimony by this letter in favor of the Mille Lacs Free- forth in 33 C.F.R. 2.36. The precise definitions the U.S. Coast Guard in the Transpor- dom to Fish (HR 5797) legislation. Since of ‘‘navigable waters of the United States’’ tation and Infrastructure Committee, many Minnesota guides are small, family and ‘‘navigability’’ are dependent ultimately they have to travel to Toledo, Ohio, or owned concerns that have been in business on judicial interpretation and cannot be St. Louis, Missouri, in order to apply for many years, additional regulations and made conclusively by administrative agen- for these licenses in person and to take fees are not only unnecessary but also cost prohibitive and dangerous to our time hon- cies. the tests. 5. This opinion solely represents the opin- ored way of guiding and fishing. Moving this ion of the Coast Guard as to the extent of its This new U.S. Coast Guard regula- legislation forward will address these con- own jurisdiction to enforce laws and regula- tion is killing jobs by making it im- cerns and update the laws in a way that is tions, and does not represent an opinion as practical for some fishing guides to not only safe but beneficial for our fishing to the extent of the jurisdiction of the even stay in business and making it industry and our fishing license holders. United States or any of its agencies. even more expensive for tourists to Sincerely, hire their services. TIM SPRECK, MEMORANDUM The Mille Lacs Lake Freedom to Fish MOHA President. From: CGD Eight. Act removes this burdensome, adminis- Senator KLOBUCHAR also introduced To: File. trative overreach from the U.S. Coast companion legislation that has been Subj: Legal Support for Navigability Deter- Guard and restores to the State of Min- cosponsored by Senator FRANKEN. In mination for Mille Lacs Lake, Min- nesota the original authority to permit the committee markup, Representative nesota. TIM WALZ and Ranking Member Ref: (a) CGD Eight (dl) memo of 3 March 2010, and inspect vessels. I truly appreciate all the Coast RAHALL lent their support as well, Navigability Determination for Mille Lacs making this truly a bipartisan and bi- Lake, Minnesota; (b) 33 C.F.R. § 2.36; (c) 33 Guard does, I truly do. But the State of C.F.R. § 3.40–1; (d) 33 C.F.R. § 3.45–1. Minnesota already patrols Mille Lacs cameral piece of legislation. I’d like to thank Geoff Gosselin and 1. Purpose. This memorandum documents Lake quite well and the Coast Guard’s John Rayfield of the Coast Guard Sub- the legal basis for the Coast Guard’s deter- authority over the lake is an unwanted committee staff for their working with mination of navigability in ref (a). intrusion. It’s duplicative, and it’s cur- 2. Discussion. me on the language of this amendment, rently nonexistent. This would be a a. Internal waterways of the United States as well as Tom Dillon from legislative new area of jurisdiction for the Coast not subject to tidal influence are ‘‘navigable counsel. I would also like to thank Joel Guard requiring additional assets and waters of the United States’’ if they ‘‘[a]re or Amato, the chief boiler inspector from have been used, or are or have been suscep- manpower. the Minnesota Department of Labor tible for use, by themselves or in connection The State has rules and inspection and Industry for providing his guidance with other waters, as highways for substan- procedures in place to keep its resi- tial interstate or foreign commerce, not- and expertise, as well as Mr. Kim dents safe and has been doing so for as Elverum from the Minnesota Depart- withstanding natural or man-made obstruc- long as anybody can remember. The tions that require portage.’’ 33 C.F.R. ment of Natural Resources, and George § 2.36(a)(3)(i)(emphasis added). The test is one State is perfectly capable of enforcing Nitti of Nitti’s Hunters Point Resort. of historic navigability. U.S. v. Harrell, 926 boating laws on Mille Lacs Lake, and Although the text of this bill is F.2d 1036 (11th Cir. 1991). In 1921 the Supreme ultimately Mille Lacs Lake belongs to short, a lot of work went into making Court discussed the issue of obstructions by Minnesotans and should not be con- sure that this accomplishes the goals stating that a waterway ‘‘capable of carrying trolled by the Federal Government. of restoring jurisdiction to Minnesota. commerce among the states is within the We heard from the U.S. Coast Guard I reserve the balance of my time. power of Congress to preserve for purposes of on the issue in a Coast Guard Sub- Mr. LARSEN of Washington. Mr. future transportation, even though it . . . be committee hearing on May 24, 2011. incapable of such use according to present Speaker, I yield myself as much time methods, either by reason of changed condi- Rear Admiral Kevin Cook and Deputy as I may consume. tions or because of artificial obstructions.’’ JAG Calvin Lederer testified about the Mr. Speaker, H.R. 5797 exempts the Economy Light & Power Co. v. U.S., 256 U.S. burden this would impose on Minnesota owners and operators of small pas- 113, 122 (1921); see also U.S. v. Appalachian fishing guides. Additionally, they were senger vessels operating on Mille Lacs

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.131 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5608 CONGRESSIONAL RECORD — HOUSE August 1, 2012 Lake in central Minnesota from U.S. SEC. 2. APPLICABILITY OF SPILL PREVENTION, gram, or SPCC, requires that oil stor- Coast Guard licensing and inspection CONTROL, AND COUNTERMEASURE age facilities with a capacity of over RULE. requirements. (a) IN GENERAL.—The Administrator, in 1,320 gallons make costly infrastruc- This bill provides rather narrow reg- implementing the Spill Prevention, Control, ture modifications to reduce the possi- ulatory relief. However, because this and Countermeasure rule with respect to any bility of oil spills. bill was rushed to legislation, to mark- farm, shall— The regulations require farmers to up without first having a hearing on (1) require certification of compliance with construct a containment facility, like the bill itself or having the Sub- such rule by— a dike or a basin, which must retain 110 committee on Coast Guard and Mari- (A) a professional engineer for a farm percent of the fuel in the container. with— time Transportation consider the spe- These mandated infrastructure im- cific bill, no one can say for sure what (i) an individual tank with an aboveground storage capacity greater than 10,000 gallons; provements—along with the necessary consequences might arise in the future. (ii) an aggregate aboveground storage ca- inspection and certification by a spe- My concerns are somewhat allayed by pacity greater than or equal to 42,000 gal- cially licensed professional engineer— learning the State of Minnesota has an lons; or will cost many farmers tens of thou- adequate program to regulate vessels (iii) a history that includes a spill, as de- sands of dollars. In some cases, compli- operating on its inland lakes, including termined by the Administrator; or ance costs could reach higher than Mille Lacs. (B) the owner or operator of the farm (via $60,000 for a single farmer in my dis- Nonetheless, the Coast Guard has ex- self-certification) for a farm with— (i) an aggregate aboveground storage ca- trict. pressed concerns that the limitations The SPCC program dates back to imposed on its vessel safety authorities pacity greater than 10,000 gallons but less than 42,000 gallons; and 1973, shortly after the Clean Water Act by this bill could create uncertainty was signed into law. In the last decade, and some confusion among the boating (ii) no history of spills, as determined by the Administrator; and it has strictly come down on agri- public, especially regarding marine (2) exempt from all requirements of such culture, and the rules have been casualty investigations and maritime rule any farm— amended, delayed, and extended dozens liability. (A) with an aggregate aboveground storage Notwithstanding these objections, of times, creating enormous confusion capacity of less than or equal to 10,000 gal- in the farming community. On top of and because the bill, as reported, would lons; and no longer vacate the Coast Guard’s 2010 (B) no history of spills, as determined by that, the EPA has failed to engage in determination that Mille Lacs Lake is the Administrator. effective outreach to producers and co- navigable, I do not object to the bill (b) CALCULATION OF AGGREGATE ABOVE- operatives on SPCC application. moving forward today. GROUND STORAGE CAPACITY.—For the pur- In 2009, the EPA lifted a 2006 rule With that, I yield back the balance of poses of subsection (a), the aggregate above- that suspended compliance require- ground storage capacity of a farm excludes my time. ments for small farms with oil storage all containers on separate parcels that have of 10,000 gallons or less. The rule ap- Mr. CRAVAACK. I thank my re- a capacity that is less than 1,320 gallons. plies to more than just fuel. In fact, it spected colleague for his kind remarks, SEC. 3. DEFINITIONS. and I ask my colleagues to join me in In this Act, the following terms apply: applies to hydraulic oil, adjuvant oil, supporting this important legislation (1) ADMINISTRATOR.—The term ‘‘Adminis- crop oil, vegetable oil, and even animal to Minnesota. trator’’ means the Administrator of the En- fat. It was scheduled to go into effect I yield back the balance of my time, vironmental Protection Agency. this past November. as well. (2) FARM.—The term ‘‘farm’’ has the mean- Last summer, I headed up an effort The SPEAKER pro tempore. The ing given such term in section 112.2 of title to send a bipartisan letter with over question is on the motion offered by 40, Code of Federal Regulations. 100 cosigners to EPA Administrator the gentleman from Minnesota (Mr. (3) GALLON.—The term ‘‘gallon’’ refers to a Lisa Jackson highlighting problems United States liquid gallon. CRAVAACK) that the House suspend the (4) SPILL PREVENTION, CONTROL, AND COUN- with the program and requesting a per- rules and pass the bill, H.R. 5797, as TERMEASURE RULE.—The term ‘‘Spill Preven- manent fix. At the very least, I re- amended. tion, Control, and Countermeasure rule’’ quested a delay so farmers impacted by The question was taken; and (two- means the regulation promulgated by the last year’s natural disasters would thirds being in the affirmative) the Environmental Protection Agency under have more time to comply. The EPA rules were suspended and the bill, as part 112 of title 40, Code of Federal Regula- responded only a few weeks before the amended, was passed. tions. November deadline and issued a state- The title was amended so as to read: The SPEAKER pro tempore. Pursu- ment saying they would not begin en- ‘‘A bill to exempt the owners and oper- ant to the rule, the gentleman from Ar- forcement until May of 2013. While we ators of vessels operating on Mille Lacs kansas (Mr. CRAWFORD) and the gen- were thankful for the delay, this action Lake, Minnesota, from certain Federal tleman from Iowa (Mr. BOSWELL) each still didn’t do anything to fix the bur- requirements.’’. will control 20 minutes. den on small farms. It just kicked the A motion to reconsider was laid on The Chair recognizes the gentleman can down the road. the table. from Arkansas. The FUELS Act is simple. It revises f GENERAL LEAVE the SPCC regulations to be reflective Mr. CRAWFORD. Mr. Speaker, I ask b 1940 of a producer’s spill risk and financial unanimous consent that all Members resources. The exemption level would FARMERS UNDERTAKE ENVIRON- may have 5 legislative days in which to be adjusted upward from an unwork- MENTAL LAND STEWARDSHIP revise and extend their remarks and in- able 1,320 gallons of oil storage to an ACT clude extraneous materials on H.R. amount that would protect small Mr. CRAWFORD. Mr. Speaker, I 3158. farms—10,000 gallons. The proposal The SPEAKER pro tempore. Is there move to suspend the rules and pass the would also place a greater degree of re- objection to the request of the gen- bill (H.R. 3158) to direct the Adminis- sponsibility on farmers and ranchers to tleman from Arkansas? trator of the Environmental Protection self-certify compliance if their storage Agency to change the Spill Prevention, There was no objection. Mr. CRAWFORD. Mr. Speaker, I facilities exceed the exemption level. Control, and Countermeasure rule with yield myself such time as I may con- To add another layer of environmental respect to certain farms, as amended. sume. protection, the producer must be able The Clerk read the title of the bill. to demonstrate that he or she has no The text of the bill is as follows: Mr. Speaker, I’d like to thank Mem- bers from both parties who joined in history of oil spills. H.R. 3158 cosponsoring this bipartisan bill that Mr. Speaker, this legislation is nec- Be it enacted by the Senate and House of Rep- will provide regulatory relief to our essary because the existing regulations resentatives of the United States of America in are not only burdensome to small Congress assembled, family farmers, in particular, my col- farmers; they’re unenforceable. Ac- SECTION 1. SHORT TITLE. league, Mr. BOSWELL. Thank you very This Act may be cited as the ‘‘Farmers Un- much. cording to USDA, the current regula- dertake Environmental Land Stewardship The EPA-mandated Oil Spill Preven- tions would bring more than 70 percent Act’’ or the ‘‘FUELS Act’’. tion, Control and Countermeasure pro- of farms into the SPCC regulatory net.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.133 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5609 This is more than 1.5 million farms in to me like quite a few of them have got b 1950 the SPCC regulatory net next year a tank wagon. Mr. BOSWELL. Mr. Speaker, we have alone. So I appreciate what you’ve offered no other speakers. The University of Arkansas, Division up here, and I’m very supportive of it. In closing, I feel like we’ve defined of Agriculture did a study recently With that, I reserve the balance of what the need is. This will be very concluding that the FUELS Act would my time. helpful to the Nation’s producers, and Mr. CRAWFORD. Again, thank you, exempt over 80 percent of producers it’s a step in the right direction. So I Mr. BOSWELL, not only for your sup- from SPCC compliance. It could save, will urge agreement and support of port, but your real-world common in my home State, up to $240 million in H.R. 3158. And thank you again for sense as an ag producer. I appreciate it. costs. Over the entire country, it could bringing this forth. save small farmers up to $3.36 billion. I’d just like to yield 2 minutes to my esteemed colleague from Oklahoma I yield back the balance of my time. This year, the ag sector of the econ- Mr. CRAWFORD. Mr. Speaker, again (Mr. LANKFORD) and thank him for his omy is facing a crisis. Over two-thirds my thanks to the gentleman from Iowa patience. of the Nation is being impacted by and to those who spoke tonight. I just drought, and farm revenue has dropped Mr. LANKFORD. I may not even use all 2 minutes of that, but I do want to urge my colleagues to join me in sup- substantially. Food costs are projected be able to just tell the story a little bit porting this important legislation. to skyrocket for consumers. On top of of an Oklahoma farm. I yield back the balance of my time. that, the fate of a multiyear farm bill The things that they’re up against The SPEAKER pro tempore. The is still unknown, creating long-term right now are common to farms all question is on the motion offered by uncertainty for the agriculture com- across the Midwest. They’re dealing the gentleman from Arkansas (Mr. munity. The last thing the government with drought right now. They’re deal- CRAWFORD) that the House suspend the should be doing right now is imposing ing with the threat of new dust partic- rules and pass the bill, H.R. 3158, as a regulation on producers that could ulate rules coming down from the EPA. amended. cost our Nation’s family farmers up to They just fought through a battle to The question was taken; and (two- $3.36 billion during next year’s planting try to be able to have family farms be thirds being in the affirmative) the season. There is absolutely no jus- able to function with their own kids rules were suspended and the bill, as tification for such an expensive regula- working on their family farms or their amended, was passed. tion, especially when the EPA cannot grandparents’ farms, or their cousin’s A motion to reconsider was laid on provide data or even anecdotal evi- farm down the road—is that permis- the table. dence of agriculture spills. sible or not—point source pollution f By nature of occupation, family rules that are coming down on them. REPORT ON RESOLUTION PRO- farmers are already careful stewards of Farm truck distance rules, if they VIDING FOR CONSIDERATION OF the land and water. No one has more at want to drive 151 miles in their farm H.R. 6233, AGRICULTURAL DIS- stake than those who work on the truck and the new regulations they ASTER ASSISTANCE ACT OF 2012 ground from which they derive their deal with on it. All these different reg- Ms. FOXX, from the Committee on livelihood. ulations. I urge adoption of H.R. 3158 and re- And then imagine the Federal Gov- Rules, submitted a privileged report serve the balance of my time. ernment contacting them and saying, (Rept. No. 112–644) on the resolution (H. Mr. BOSWELL. Mr. Speaker, I yield on top of all those rules and all those Res. 752) providing for consideration of myself such time as I may consume. threatened rules, now you need to go the bill (H.R. 6233) to make supple- Mr. CRAWFORD, I believe that you find a professional engineer to check mental agricultural disaster assistance pretty much covered the details of this. out your fuel tank, and we want to available for fiscal year 2012 with the And I see the gentleman sitting beside send a regulator to be able to evaluate costs of such assistance offset by you there and I’m sure he’s going to it. And we want you to have a whole changes to certain conservation pro- add to it, so I don’t think I’ll spend a new set of rules around your tank as grams, and for other purposes, which lot of time repeating what you said. well. It assumes family farms and was referred to the House Calendar and But I want you to know that as a farmers don’t take care of their land. ordered to be printed. hands-on farmer producer, I appreciate Nothing could be further from the f the efforts you put into this to bring truth. MARINE DEBRIS ACT this forward because there are just too A family farm, and farms all around AMENDMENTS OF 2012 many times we see where the farmers the country, these are individuals that in your State, my State, and across the they farm that land, they take care of Mr. YOUNG of Alaska. Mr. Speaker, I country are burdened with these extra that land, that water is very important move to suspend the rules and pass the expenses and criteria that they don’t to them. Many of them live on well bill (H.R. 1171) to reauthorize and really need. Because you know, I know, water itself, and so a spill into their amend the Marine Debris Research, and I think those of us that are famil- groundwater is incredibly important to Prevention, and Reduction Act, as iar with the farming industry, we are them for their own personal family as amended. The Clerk read the title of the bill. stewards of the land. We don’t want to well. They’re great stewards of the The text of the bill is as follows: ruin the land; we certainly don’t want land; that’s how they make their liv- H.R. 1171 to ruin the water. ing. So this is a good thing to come forth In addition to that, they’re careful Be it enacted by the Senate and House of Rep- with this piece of legislation, to put a resentatives of the United States of America in guardians of their storage tank because Congress assembled, practical sense, practical application that tank itself, if it spills, they lose a SECTION 1. SHORT TITLE. to the situation. It’s been delayed and tremendous amount of money; and the This Act may be cited as the ‘‘Marine De- delayed and delayed. margins on a farm are not very high. bris Act Amendments of 2012’’. It refers to American farmers. Amer- I’d like to stand with my colleagues, SEC. 2. REFERENCES. ican farmers are very much dedicated as well, to say let’s respect the farmer Except as otherwise expressly provided, to what they represent. And again, for what they’re doing already on their whenever in this Act an amendment is ex- those that, as I do and as I’m sure you land and not send someone from Wash- pressed as an amendment to a section or do and others, when we have fuel on ington to come check out their farm other provision, the reference shall be con- the farm for whatever reason—to run and check out their tank and be able to sidered to be made to a section or other pro- the tractors, the combines, the irriga- evaluate all those things. Let’s allow vision of the Marine Debris Research, Pre- tion pumps, or whatever—we’re very vention, and Reduction Act (33 U.S.C. 1951 et some trust to the commonsense folks seq.), as in effect immediately before the en- careful. The cost of the fuel and the ex- in the country that take care of our actment of this Act. posure of it being stolen or something food and take care of the land and SEC. 3. SHORT TITLE AMENDMENT. is something we don’t have a lot of ex- water every single day. Section 1 (33 U.S.C. 1951 note) is amended cess sitting around these days anyway. With that, I’d urge my colleagues to by striking ‘‘Research, Prevention, and Re- Those that are large operators, seems support this. duction’’.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.136 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5610 CONGRESSIONAL RECORD — HOUSE August 1, 2012 SEC. 4. PURPOSE. (1) by striking ‘‘(a) STRATEGY.—’’; and Mr. YOUNG of Alaska. Mr. Speaker, I Section 2 (33 U.S.C. 1951) is amended to (2) by repealing subsections (b) and (c). yield myself such time as I may con- read as follows: SEC. 7. AMENDMENTS TO DEFINITIONS. sume. ‘‘SEC. 2. PURPOSE. (a) INTERAGENCY MARINE DEBRIS COORDI- H.R. 1171, the Marine Debris Act ‘‘The purpose of this Act is to address the NATING COMMITTEE.— Amendments of 2012, reauthorizes the adverse impacts of marine debris on the (1) IN GENERAL.—Except as provided in sub- United States economy, the marine environ- National Oceanic and Atmospheric Ad- section (b), section 2203 of the Marine Plastic ministration’s, NOAA, Marine Debris ment, and navigation safety through identi- Pollution Research and Control Act of 1987 fication, determination of sources, assess- (33 U.S.C. 1914) is redesignated and moved to Program at currently appropriated lev- ment, prevention, reduction, and removal of replace and appear as section 5 of the Marine els through 2015. The program has marine debris.’’. Debris Research, Prevention, and Reduction played a crucial role in preventing and SEC. 5. NOAA MARINE DEBRIS PROGRAM. Act (33 U.S.C. 1954). reducing the amount of trash on our (a) NAME OF PROGRAM.— (2) CLERICAL AMENDMENT.—The item relat- beaches and in the ocean. (1) IN GENERAL.—Section 3 (33 U.S.C. 1952) ing to section 2203 in the table of contents I think it’s important to note that is amended— contained in section 2 of the United States- this program is not regulatory in na- (A) in the section heading by striking Japan Fishery Agreement Approval Act of ture. It takes a voluntary approach to ‘‘PREVENTION AND REMOVAL’’; and 1987 is repealed. improving the conditions of our marine (B) in subsection (a)— (b) BIENNIAL PROGRESS REPORTS.—Section (i) by striking ‘‘Prevention and Removal 5(c)(2) (33 U.S.C. 1954(c)(2)), as in effect im- environment. Program to reduce and prevent’’ and insert- mediately before the enactment of this Act— Failure to adequately address marine ing ‘‘Program to identify, determine sources (1) is redesignated as subsection (e) of sec- debris has major consequences on our of, assess, prevent, reduce, and remove’’; and tion 5, as redesignated and moved by the economy. Large objects floating in our (ii) by inserting ‘‘the economy of the amendment made by subsection (a) of this oceans threaten the safe navigation of United States,’’ after ‘‘marine debris on’’; section; and cargo ships and recreational boaters. and (2) is amended— Derelict fishing gear costs commercial (iii) by inserting a comma after ‘‘environ- (A) by striking ‘‘ANNUAL PROGRESS RE- fishermen millions of dollars in lost ment’’. PORTS.—’’ and all that follows through revenue. And debris washing up on our (2) CONFORMING AMENDMENT.—Paragraph ‘‘thereafter’’ and inserting ‘‘BIENNIAL (7) of section 7 (33 U.S.C. 1956) is amended by PROGRESS REPORTS.—Bienially’’; shores forces the closing of beaches, a striking ‘‘Prevention and Removal’’. (B) by inserting ‘‘Natural’’ before ‘‘Re- major blow to local economies reliant (b) PROGRAM COMPONENTS.—Section 3(b) (33 sources’’; on tourism. U.S.C. 1952(b)) is amended to read as follows: (C) by redesignating subparagraphs (A) In Alaska, NOAA’s Marine Debris has ‘‘(b) PROGRAM COMPONENTS.—The Adminis- through (E) as paragraphs (1) through (5) of worked with local partners to conduct trator, acting through the Program and sub- such subsection; and more than 20 projects that have re- ject to the availability of appropriations, (D) by moving such subsection 2 ems to the moved 750,000 pounds of debris from our shall— left. ‘‘(1) identify, determine sources of, assess, shoreline since 2006. But the problem of SEC. 8. CONFIDENTIALITY OF SUBMITTED INFOR- marine debris is about to get worse for prevent, reduce, and remove marine debris, MATION. with a focus on marine debris posing a threat Section 6(2) (33 U.S.C. 1955(2)) is amended Alaska and other Pacific coast States. to living marine resources and navigation by striking ‘‘by the fishing industry’’. NOAA estimates there’s 1.5 million safety; tons of debris headed our way as a re- ‘‘(2) provide national and regional coordi- SEC. 9. MARINE DEBRIS DEFINITION. Section 7 (33 U.S.C. 1956) is amended— sult of the 2011 Japanese earthquake nation to assist States, Indian tribes, and re- and the tsunami. gional organizations in identification, deter- (1) by redesignating paragraph (3) as para- mination of sources, assessment, prevention, graph (9), and moving such paragraph to ap- Alaskans are already finding reduction, and removal of marine debris; pear after paragraph (8); and Styrofoam, plastic, wood, and other ‘‘(3) undertake efforts to reduce adverse (2) by inserting after paragraph (2) the fol- lightweight debris washing up on our impacts of lost and discarded fishing gear on lowing: islands. In May, the Coast Guard was living marine resources and navigation safe- ‘‘(3) MARINE DEBRIS.—The term ‘marine de- forced to sink an abandoned Japanese ty, including— bris’ means any persistent solid material vessel laden with fuel oil before it ‘‘(A) research and development of alter- that is manufactured or processed and di- rectly or indirectly, and intentionally or un- broke open on the Southeast pan- natives to gear posing threats to the marine handle. environment, and methods for marking gear intentionally, disposed of or abandoned into used in specific fisheries to enhance the the marine environment or the Great Reauthorization of the Marine Debris tracking, recovery, and identification of lost Lakes.’’. Program is critical to help Alaska and and discarded gear; and SEC. 10. AUTHORIZATION OF APPROPRIATIONS. other coastal States protect our econo- ‘‘(B) development of effective nonregula- Section 9 (33 U.S.C. 1958) is amended— mies and ecosystems and ensure the tory measures and incentives to coopera- (1) by striking ‘‘are’’ and inserting ‘‘is’’; safety of those transiting our waters. tively reduce the volume of lost and dis- (2) by striking ‘‘2006 through 2010’’ and all I want to commend Representative carded fishing gear and to aid in its recov- that follows through ‘‘(1)’’ and inserting SAM FARR from California for intro- ery; and ‘‘through fiscal year 2015’’; ducing this bill. As an original cospon- ‘‘(4) undertake outreach and education of (3) in paragraph (1), by striking sor of this important bipartisan effort, the public and other stakeholders on sources ‘‘$10,000,000’’ and inserting ‘‘$4,900,000’’; and I urge all Members to support the bill. of marine debris, threats associated with ma- (4) by striking ‘‘; and’’ and all that follows rine debris, and approaches to identify, de- through the end of paragraph (2) and insert- I reserve the balance of my time. termine sources of, assess, prevent, reduce, ing a period. Mr. LARSEN of Washington. Mr. Speaker, I yield myself as much time and remove marine debris and its adverse The SPEAKER pro tempore. Pursu- impacts on the United States economy, the as I may consume. ant to the rule, the gentleman from marine environment, and navigational safe- Mr. Speaker, I rise in support of H.R. Alaska (Mr. YOUNG) and the gentleman ty, including outreach and education activi- 1171, bipartisan legislation that reau- from Washington (Mr. LARSEN) each ties through public-private initiatives.’’. thorizes the Marine Debris Research (c) REPEAL.—Section 2204 of the Marine will control 20 minutes. Plastic Pollution Research and Control Act Prevention and Reduction Act through The Chair recognizes the gentleman fiscal year 2016. of 1987 and the item relating to that section from Alaska. in the table of contents contained in section Just this June, on the Pacific coast, 2 of the United States-Japan Fishery Agree- GENERAL LEAVE an entire 70-foot dock washed up on the ment Approval Act of 1987 (33 U.S.C. 1915) are Mr. YOUNG of Alaska. Mr. Speaker, I coast of Oregon. This is only one piece repealed. ask unanimous consent that all Mem- of the estimated 1.5 million tons of ma- (d) GRANT CRITERIA AND GUIDELINES.—Sec- bers have 5 legislative days in which to rine debris from the disastrous 2011 tion 3(c) (33 U.S.C. 1952(c)) is amended— revise and extend their remarks and in- Japanese tsunami that will wash up on (1) in paragraph (1), by striking ‘‘section clude extraneous materials on H.R. 2(1)’’ and inserting ‘‘section 2’’; the west coast. Disasters like this are (2) by repealing paragraph (5); and 1171. why it is so important that we reau- (3) by redesignating paragraphs (6) and (7) The SPEAKER pro tempore. Is there thorize this legislation today. as paragraphs (5) and (6). objection to the request of the gen- Marine debris remains a persistent SEC. 6. REPEAL OF OBSOLETE PROVISIONS. tleman from Alaska? threat to maritime safety and to the Section 4 (33 U.S.C. 1953) is amended— There was no objection. health of our oceans and to our lakes.

VerDate Mar 15 2010 05:19 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.079 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5611 Thanks to the enactment of the Marine wonderful to have my colleague DON citing. It’s certainly going to require Debris Research Prevention and Reduc- YOUNG from Alaska, the only Rep- education so that people don’t keep tion Act in 2006, we now have a much resentative in the House from Alaska, dumping things they don’t want into better understanding of marine debris to be a strong proponent of this. the ocean. and its impact on our shorelines. As he pointed out, Alaska has al- There are consequences for dumping. This law led to the establishment of ready seen the consequences of not California is now addressing it in every effective partnerships between the Na- having reauthorization when the Japa- local community by just storm water, tional Oceanic and Atmospheric Ad- nese tsunami has started to wash up. the fact that all the water that falls on ministration, or NOAA, and the United They’ve spent, in the first wave of the our streets and roads picks up oil and States Coast Guard. It has led to better tsunami debris, Alaska’s already spent picks up other stuff that isn’t compat- coordinated research and debris re- over $200,000 of State money in just ible with ocean life and washes into it. moval activities, and it built greater aerial monitoring of the local debris We have done a lot to clean up sewers understanding of the challenges we from the Japanese tsunami. and to say we’re not going to dump face in addressing this threat. What this legislation does in reau- that stuff out into the ocean anymore, Marine debris is a much larger and thorization is allow States to receive but we’re still allowing other storm growing problem than we first thought, grants from NOAA so that the States water to get out there. California is ad- and with the recent disaster in Japan, can deal with their coastline debris dressing this almost community by it will continue to grow. Cleaning up problems. community, that being: How do we marine debris takes coordination be- b 2000 stop storm water and polluted storm tween several agencies and States and water from getting into the ocean? requires expensive resources to clean It is important we do this for an even So this legislation of reauthorizing up. bigger purpose, which is that, frankly, debris cleanup is much more than just Earlier this week, NOAA provided a life on land is dependent on the quality giving NOAA some money to go out new analysis estimating that it now of life at sea. We know that we have there and figure it out. It’s really an costs the agency, on average, more over the years and decades been dump- entire program of figuring out how to than $4,300 to remove 1 ton of marine ing everything we don’t like on land— keep oceans healthy. debris from the environment. NOAA and can’t figure out where else to dump I appreciate the bipartisan support. I also said that the dock that washed up it—into the ocean. At the same time, appreciate the leadership of Mr. YOUNG, on the shores of Oregon will cost $85,000 we take whatever we want out of the and I appreciate the leadership on the alone. ocean. Dumping and taking can upset committees. This bill went to two com- Despite what we’ve learned, and de- the system so badly that you have mittees—to the Transportation and In- spite the fact that States on the Pa- oceans die; and, certainly, we have big frastructure Committee and to the cific coast and Hawaii will have to con- parts of the ocean that are dying be- Natural Resources Committee. Both tend with 1.5 million tons of marine de- cause of all the debris and waste that committees passed it out in bipartisan bris from the 2011 Japanese tsunami for are in the oceans. fashion, and now we have to pass it in years to come, the majority has in- What this bill does is allow the Coast the Senate. I hope it’s not too late, and sisted on cutting authorized funding Guard, in working with NOAA, which is I hope Congressman YOUNG will work levels for this program in half. Cutting the National Oceanic and Atmospheric with me in getting bipartisan support authorized funding for this program at Administration, to jointly look at, in the Senate so that we can get this this time seems shortsighted, and I’m monitor and figure out ways to clean bill to the President and get it signed confident that the Senate will insist on this stuff up. If we don’t do that, we’re before the calendar year runs out. the higher authorized funding level in going to suffer. It’s like living in pollu- Mr. YOUNG of Alaska. Mr. Speaker, I any final compromise bill. tion in your own backyard. Eventually, yield myself such time as I may con- But despite those reservations about there are consequences. sume. the reduced funding levels in this bill I think that those of us who have I want to thank the gentleman from as reported by the majority, it is im- done ocean legislation over the years— California. Mr. FARR has been one of perative that we reauthorize the Ma- and DON YOUNG has been one of the the leaders who has been concerned rine Debris Act today to address this greater ones to understand it—realize with the oceans, and this debris bill is growing threat in our future. that, in solving the problem, it’s going crucially important to the State of I want to thank the sponsor of the to require local action and that it’s California and especially to Alaska. legislation, the gentleman from Cali- going to require national and inter- Mr. FARR came to me many months fornia (Mr. FARR), for his extraor- national coordination. It’s not our ago and said we’ve got to get this done. dinary leadership on this issue. I urge ocean alone. It goes all over the world, We’ve got to get this done. A lot of peo- my colleagues to join me in supporting and things in the ocean go all over the ple weren’t interested, and now we fi- H.R. 1171. world. Just think of the old stories nally get to a point where we see I reserve the balance of my time. about bottles and where they wind up. what’s occurring from the tsunami, al- Mr. YOUNG of Alaska. I continue to Now we see with the tsunami that all though we may not have that recur reserve the balance of my time. this Japanese land mass stuff that was again. Mr. LARSEN of Washington. Mr. washed into the sea is now showing up The crisis in the ocean, though, is Speaker, I yield as much time as he in Alaska and is showing up in Oregon detrimental, as I mentioned in my may consume to the gentleman from and has shown up on the beaches in opening statement, to the fishermen California (Mr. FARR). California—in Capitola, where I live. whom I represent and to the rec- Mr. FARR. Mr. Speaker, I truly ap- This problem is also going to require reational people whom I represent. So preciate the support we’ve seen in a bi- some partnerships between the private to get it out of the ocean even before it partisan fashion here for this legisla- sector and the fishermen community, reaches the beaches is crucially impor- tion known as the Marine Debris Act in that it knows where some of these tant. The beaches sometimes are sort Amendments of 2012. drift nets are, and between the public of fun to beachcomb, but if there is This bill was first carried and intro- sector. It’s going to require innovative something bad that’s in the ocean, we duced in the United States Senate by technology. You have to detect it. We should try to retrieve it sooner, if pos- Senator INOUYE and the late Senator have found nets that have been left in sible; and when it gets there, we really Ted Stevens. They recognized, Senator Monterey Bay that are too heavy to want to be able to take care of it. INOUYE from Hawaii, the entire island lift out with conventional craft. We’re There should be more money—I won’t surrounded by ocean, and so much going to have to go back to the fishing disagree with the gentleman from washes up on the shores of the islands, boats and to the families who lost Washington—but we’re moving this and Alaska, with probably one of the those nets and use their fishing boats, down the road. We’ll see what happens longest coastlines in the United States, which is a private enterprise supported on the Senate side, and we’ll see if we certainly impacts from the ocean on by the public know-how of how to re- can’t get a little more effort, because them. And that’s why it’s so nice and trieve those nets. I think it’s very ex- it’s a partnership program that makes

VerDate Mar 15 2010 05:44 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.140 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5612 CONGRESSIONAL RECORD — HOUSE August 1, 2012 this thing work. A lot of people have RESPA HOME WARRANTY revise and extend their remarks and interest in Alaska and in trying to CLARIFICATION ACT OF 2011 add extraneous material on this bill. clean the beaches after it arrives, and Mrs. BIGGERT. Mr. Speaker, I move The SPEAKER pro tempore. Is there we’re trying to get more people inter- to suspend the rules and pass the bill objection to the request of the gentle- ested in cleaning the ocean up before it (H.R. 2446) to clarify the treatment of woman from Illinois? does arrive. Hopefully, it will work to- There was no objection. homeowner warranties under current Mrs. BIGGERT. Mr. Speaker, I yield gether. law, and for other purposes, as amend- With that, I reserve the balance of myself such time as I may consume. ed. my time. I rise in support of H.R. 2446, the The Clerk read the title of the bill. RESPA Home Warranty Clarification Mr. LARSEN of Washington. I have The text of the bill is as follows: no more speakers, and I yield back the Act, and urge my colleagues to support balance of my time. H.R. 2446 the bill. H.R. 2446 is a bipartisan bill Mr. YOUNG of Alaska. I have no Be it enacted by the Senate and House of Rep- that Mr. CLAY of Missouri and I intro- more speakers, so I yield back the bal- resentatives of the United States of America in duced last year. The bill has 40 cospon- Congress assembled, ance of my time. sors, including 13 Democrats and 27 Re- SECTION 1. SHORT TITLE. Ms. BORDALLO. Mr. Speaker, I rise today This Act may be cited as the ‘‘RESPA Home publicans, and I thank the gentleman in strong support of H.R. 1171, the Marine De- Warranty Clarification Act of 2012’’. from Georgia (Mr. SCOTT) for managing bris Act Amendments of 2012. I want to com- SEC. 2. TREATMENT OF HOMEOWNER WARRAN- this bill. mend my colleague and friend Congressman TIES. On March 27, the Financial Services SAM FARR from California for introducing this Section 8 of the Real Estate Settlement Proce- Committee reported out the bill by legislation and continually working for its pas- dures Act of 1974 (12 U.S.C. 2607) is amended by voice vote. The RESPA Home War- sage. adding at the end the following new subsection: ranty Clarification Act would amend As a member of the Subcommittee on Fish- ‘‘(e) HOMEOWNER WARRANTIES.— the Real Estate Settlement Procedures ‘‘(1) IN GENERAL.—Nothing in this section, sec- Act of 1974, or RESPA, to clarify that, eries, Wildlife and Oceans, one of my top pri- tion 2, or section 3 shall be deemed to include, orities was to take action on legislation to ad- or be deemed to have included, homeowner war- as long as a consumer or borrower re- dress our nation’s ocean environment. I am ranties or similar residential service contracts ceives specific disclosures about it, a pleased to say that this legislation, H.R. 1171, for the repair or replacement of home system fee paid to a real estate broker or would continue to combat the adverse impacts components or home appliances. agent related to the sale of a home of marine debris on the United States econ- ‘‘(2) NOTICE BY HOME WARRANTY COMPANY.— warranty is not a RESPA violation. omy, the marine environment, and navigation Any person that pays another person not em- When Congress passed RESPA in 1974, safety through identification, determination of ployed by the person for selling, advertising, it intended for the law to provide con- marketing, or processing, or performing an in- sumers or borrowers with timely dis- sources, assessment, prevention, reduction, spection in connection with, a homeowner war- and removal of marine debris. closures related to the cost of real es- ranty or similar residential service contract for tate settlement services. Title insur- This legislation will reauthorize NOAA’s ex- the repair or replacement of home system compo- isting Marine Debris Program to support im- nents or home appliances shall include the fol- ance, a flood elevation certificate and portant projects throughout the country, includ- lowing statement, in boldface type that is 10- homeowners insurance are a few exam- ing beach cleanups, derelict fishing gear loca- point or larger, in any such warranty or con- ples of services required at a mortgage tion and removal, and educational campaigns. tract offered or sold as an incident to or as part settlement. Unlike these settlement The program helps to identify, determine of any transaction involving the origination of services, a home warranty is not a re- sources of, assess, prevent, reduce, and re- a federally related mortgage loan: quired service. For a borrower or a con- move marine debris, with a focus on marine ‘‘ ‘NOTICE: THIS COMPANY MAY PAY sumer, the purchase of a home war- PERSONS NOT EMPLOYED BY THE COM- ranty is optional. It is a service con- debris posing a threat to living marine re- PANY FOR SELLING, ADVERTISING, MAR- sources and navigation safety. This reauthor- KETING, OR PROCESSING, OR PER- tract under which a home warranty izing language would serve to streamline FORMING AN INSPECTION IN CONNECTION company provides repair or replace- these programs by avoiding any overlaps or WITH, A HOMEOWNER WARRANTY OR ment coverage for a home’s system conflicts with other federal agencies. SIMILAR RESIDENTIAL SERVICE CON- components and/or appliances. A real The legislation would help protect the envi- TRACT FOR REPAIRING OR REPLACING estate broker or agent typically acts as ronment and the economy of coastal commu- HOME SYSTEM COMPONENTS OR HOME a representative for the home warranty nities throughout the Nation. Earlier this year, APPLIANCES.’ company that offers the home war- tsunami debris washed ashore the coasts of ‘‘(3) NOTICE BY REAL ESTATE AGENT OR ranty, and the real estate broker or Oregon and Washington, calling attention to BROKER.—Any person who has contracted to re- agent receives a commission from the ceive payment from a provider of the services de- the need for a comprehensive plan to coordi- scribed in paragraph (1) for recommending the home warranty company for presenting nate clean-up efforts. Indeed, the impacts of purchase of a home warranty or similar residen- the home warranty to the home buyer the March 2011 tsunami in Japan will continue tial service contract, and is not an employee of if the homeowner chooses to purchase to impact our shores over the coming months such provider, shall provide the potential pur- the warranty. and years and this bill gives us the tools to re- chaser, upon first recommending the purchase Congress originally delegated RESPA spond to this situation. In particular, Guam of a homeowner warranty or similar residential rulemaking and enforcement authority would greatly benefit from the passage of the service contract, a written notice containing the to the U.S. Department of Housing and Marine Debris Act Amendments of 2012 as it following language in boldface type that is 10- Urban Development, HUD. For nearly would give states and local communities the point or larger (with the bracketed matter being 20 years, from 1974 to 1992, HUD issued additional tools needed to effectively care for replaced with the information described by such no rules or guidance related to the sale bracketed matter): our marine environments and wildlife. ‘‘ ‘NOTICE: THIS IS TO GIVE YOU NOTICE of a home warranty by a real estate Again, I applaud Representative FARR for in- THAT [the provider of the notice] HAS RE- broker or agent. troducing this legislation. I thank Chairman CEIVED OR WILL RECEIVE COMPENSA- b 2010 MICA, Chairman HASTINGS, Ranking Member TION FROM [the home warranty company] In 1992, HUD issued regulations add- RAHALL and Ranking Member MARKEY for their FOR [the residential service for which the notice ing homeowners warranties as a settle- leadership in bringing this important bill which provider is being compensated]. YOU ARE NOT ment service, but was silent on the enhances our understanding of the marine en- REQUIRED TO PURCHASE A HOME WAR- matter until recent years. Citing evi- vironment to the House floor. I encourage my RANTY OR A SIMILAR RESIDENTIAL SERV- dence to demonstrate a problem with colleagues to continue supporting this impor- ICE CONTRACT AND IF YOU CHOOSE TO home warranty-related sale practices, tant legislation that addresses one of the most PURCHASE SUCH COVERAGE YOU ARE FREE TO PURCHASE IT FROM ANOTHER commission arrangements, disclosures, serious threats to our oceans today. The SPEAKER pro tempore. The PROVIDER’.’’. or the product itself between 2008 and question is on the motion offered by The SPEAKER pro tempore. Pursu- 2010, HUD issued an unofficial staff in- the gentleman from Alaska (Mr. ant to the rule, the gentlewoman from terpretive rule and the subsequent YOUNG) that the House suspend the Illinois (Mrs. BIGGERT) and the gen- guidance. In short, after 34 years, with rules and pass the bill, H.R. 1171, as tleman from Georgia (Mr. DAVID no apparent problem with a product amended. SCOTT) each will control 20 minutes. that is not required for closing, HUD The question was taken; and (two- The Chair recognizes the gentle- determined that, under RESPA, it is a thirds being in the affirmative) the woman from Illinois. violation for a real estate broker or an rules were suspended and the bill, as GENERAL LEAVE agent to be compensated by a home amended, was passed. Mrs. BIGGERT. Mr. Speaker, I ask warranty company for offering a home A motion to reconsider was laid on unanimous consent that all Members warranty to a borrower in connection the table. may have 5 legislative days in which to with the real estate transaction.

VerDate Mar 15 2010 05:57 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.141 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5613 Mr. Speaker, HUD clearly is seeking performing an inspection in connection requirement to H.R. 2446. This bill makes to create a solution where there simply with the home warranty. clear that the term ‘‘settlement service’’ in is no problem. HUD’s unfounded inter- This simple clarification will allow RESPA does not include home warranties, pretation doesn’t follow the letter of members of the home warranty indus- something Congress never intended. the law as intended by Congress. Ac- try to pay modest sums to real estate The SPEAKER pro tempore. The cording to witness testimony received professionals for direct marketing and question is on the motion offered by by the Financial Services Sub- related services in connection with the the gentlewoman from Illinois (Mrs. committee on Insurance, Housing and sale of a home warranty without a risk BIGGERT) that the House suspend the Community Opportunity, this mis- of running afoul of a law Congress rules and pass the bill, H.R. 2446, as interpretation of law has resulted in never intended to be applicable for a amended. unnecessarily disrupting longstanding completely optional product. The question was taken; and (two- business practices that could increase This is the simplification of this law thirds being in the affirmative) the the costs and decrease the availability that is very important. It’s very sim- rules were suspended and the bill, as of home warranties to consumers, as ple, but it’s very important so that our amended, was passed. well as unintentionally harm small real estate industry and home mort- A motion to reconsider was laid on businesses. H.R. 2446 would clarify gage industry can move more smooth- the table. longstanding law and practice while re- ly. f storing certainty related to home war- Please join me in voting for this com- PROVIDING FOR USE OF NA- ranties in the real estate marketplace. monsense legislation that will benefit TIONAL INFANTRY MUSEUM AND I’d like to thank my colleague, Mr. consumers and the small businesses SOLDIER CENTER COMMEMORA- CLAY, for working with me on this bill, that repair and replace home systems TIVE COIN SURCHARGES and I’d like to thank the gentleman covered by home warranties. from Georgia for managing this bill. I’d With that, Mr. Speaker, I reserve the Mr. DOLD. Mr. Speaker, I ask unani- also like to thank the bill’s 40 bipar- balance of my time. mous consent to take from the Speak- tisan cosponsors from across the coun- Mrs. BIGGERT. Mr. Speaker, I have er’s table the bill (S. 3363) to provide try. no further requests for time if the gen- for the use of National Infantry Mu- I urge my colleagues to support H.R. tleman is ready to close. seum and Soldier Center Commemora- 2446, and I reserve the balance of my Mr. DAVID SCOTT of Georgia. Like- tive Coin surcharges, and for other pur- time. wise, I’m ready to close. poses, and ask for its immediate con- Mr. DAVID SCOTT of Georgia. Mr. I just want to say in closing that, sideration in the House. Speaker, I yield myself such time as I again, Mrs. BIGGERT has done a wonder- The Clerk read the title of the bill. The SPEAKER pro tempore. Is there may consume. ful job on this, Mr. Speaker, and should I rise today to encourage all of my be commended for it. This is a very im- objection to the request of the gen- colleagues to vote in favor of H.R. 2446, portant and simple piece of legislation, tleman from Illinois? There was no objection. but it will help to iron out and smooth the RESPA Home Warranty Clarifica- The text of the bill is as follows: tion Act. out confusion and allow for our real es- S. 3363 Before I explain exactly why this leg- tate and our housing and our home islation is so important and vital, let mortgage industry to move more Be it enacted by the Senate and House of Representatives of the United States of me first take a moment to thank my smoothly. I urge all of my colleagues America in Congress assembled, friend and colleague, and my fellow Fi- to vote for it. SECTION 1. NATIONAL INFANTRY MUSEUM AND nancial Services Committee member With that, I yield back the balance of SOLDIER CENTER COMMEMORATIVE and the sponsor of this legislation, my time. COIN SURCHARGES. Mrs. BIGGERT, for her hard work on Mrs. BIGGERT. Mr. Speaker, I en- Section 6(b) of the National Infantry Mu- this bill. The fact that this bill passed courage all of my colleagues to support seum and Soldier Center Commemorative both subcommittee and full committee this bill, as amended, and I yield back Coin Act (Public Law 110–357, 122 Stat. 3999) is amended by inserting before the period at by voice vote is a testament to not the balance of my time. the end the following: ‘‘, and for the retire- only the issue’s importance, but also to Mr. HINOJOSA. Mr. Speaker, I rise today in ment of debt associated with building the ex- Mrs. BIGGERT’s dedication and open- support of H.R. 2446, ‘‘The RESPA Home isting National Infantry Museum and Soldier ness in alleviating Members’ concerns. Warranty Clarification Act.’’ The Real Estate Center’’. Regarding the bill, itself, Mr. Speak- Settlement Procedures Act of 1974, or The bill was ordered to be read a er, this legislation will help small busi- RESPA, was crafted by Congress to only third time, was read the third time, nesses. It will help real estate profes- cover those services necessary for closing the and passed, and a motion to reconsider sionals. Most importantly, it will help transaction of buying a home. A recent inter- was laid on the table. homeowners by clarifying the law on pretive rule issued by the Department of f the sale of home warranties. Housing and Urban Development broke this Congress enacted legislation many precedent by bringing home warranties under MARCH OF DIMES COMMEMORA- years ago to outlaw kickbacks paid in RESPA. This bipartisan act clarifies that home TIVE COIN ACT OF 2011 connection with services that must be warranties fall outside the scope of RESPA Mr. DOLD. Mr. Speaker, I move to performed to close a federally-related because they are unnecessary for closing. suspend the rules and pass the bill mortgage loan. An interpretive rule re- This bill was passed out of the Financial (H.R. 3187) to require the Secretary of leased by the Department of Housing Services Committee on voice vote, and I am the Treasury to mint coins in recogni- and Urban Development has, unfortu- proud that the Committee also passed an tion and celebration of the 75th anni- nately, created uncertainty about ap- amendment that I offered, which adds even versary of the establishment of the plication of the law to home warranties more transparency to the bill. March of Dimes Foundation, as amend- which are not necessary to close a loan This amended bill would require the real es- ed. to purchase a home. To eliminate con- tate broker who recommends the purchase of The Clerk read the title of the bill. fusion and reduce uncertainty, our bill a home warranty to a homebuyer to disclose The text of the bill is as follows: makes clear that the term ‘‘settlement that he or she may receive compensation for H.R. 3187 services’’ does not include home war- the recommendation; that the homebuyer is Be it enacted by the Senate and House of Rep- ranties. not required to purchase a home warranty resentatives of the United States of America in This legislation also provides new no- contract; and that the homebuyer can pur- Congress assembled, tice requirements applicable to home chase a home warranty contract from a pro- SECTION 1. SHORT TITLE. service contract companies and to real vider not recommended by the real estate This Act may be cited as the ‘‘March of Dimes Commemorative Coin Act of 2011’’. estate professionals so that prospective broker. SEC. 2. FINDINGS. purchasers of home warranties are This is is essential information for the home- The Congress finds the following: aware that a payment may have been buyer to make an informed choice when de- (1) President Franklin Roosevelt’s personal made in connection with the selling, ciding whether to purchase a home warranty struggle with polio led him to create the Na- advertising, marketing, processing, or and I am proud to have added this disclosure tional Foundation for Infantile Paralysis

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(now known as the March of Dimes) on Janu- (2) DESIGNATION AND INSCRIPTIONS.—On (1) minting and issuing coins under this ary 3, 1938, at a time when polio was on the each coin minted under this Act, there shall Act will not result in any net cost to the rise. be— United States Government; and (2) The Foundation established patient aid (A) a designation of the value of the coin; (2) no funds, including applicable sur- programs and funded research for polio vac- (B) an inscription of the year ‘‘2015’’; and charges, shall be disbursed to any recipient cines developed by Jonas Salk, MD, and Al- (C) inscriptions of the words ‘‘Liberty’’, designated in section 7 until the total cost of bert Sabin, MD. ‘‘In God We Trust’’, ‘‘United States of Amer- designing and issuing all of the coins author- (3) Tested in a massive field trial in 1954 ica’’, and ‘‘E Pluribus Unum’’. ized by this Act (including labor, materials, that involved 1.8 million schoolchildren (b) SELECTION.—The design for the coins dies, use of machinery, overhead expenses, known as ‘‘polio pioneers’’, the Salk vaccine minted under this Act shall— marketing, and shipping) is recovered by the was licensed for use on April 12, 1955 as ‘‘safe, (1) contain motifs that represent the past, United States Treasury, consistent with sec- effective, and potent’’. The Salk and Sabin present, and future of the March of Dimes tions 5112(m) and 5134(f) of title 31, United polio vaccines funded by the March of Dimes and its role as champion for all babies, such States Code. ended the polio epidemic in the United designs to be consistent with the traditions SEC. 9. BUDGET COMPLIANCE. States. and heritage of the March of Dimes; The budgetary effects of this Act, for the (4) With its original mission accomplished, (2) be selected by the Secretary, after con- purpose of complying with the Statutory the Foundation turned its focus to pre- sultation with the March of Dimes and the Pay-As-You-Go Act of 2010, shall be deter- venting birth defects, prematurity, and in- Commission of Fine Arts; and mined by reference to the latest statement fant mortality in 1958. The Foundation began (3) be reviewed by the Citizens Coin Advi- titled ‘‘Budgetary Effects of PAYGO Legisla- to fund research into the genetic, prenatal, sory Committee. tion’’ for this Act, submitted for printing in and environmental causes of over 3,000 birth SEC. 5. ISSUANCE. the Congressional Record by the Chairman of defects. (a) QUALITY OF COINS.—Coins minted under the Committee on the Budget of the House of (5) The Foundation’s investment in re- this Act shall be issued in uncirculated and Representatives, provided that such state- search has led to 13 scientists winning the proof qualities. ment has been submitted prior to the vote on Nobel Prize since 1954, including Dr. James (b) MINT FACILITY.—For the coins minted passage. Watson’s discovery of the double helix. under this Act, at least 1 facility of the (6) Virginia Apgar, MD, creator of the United States Mint shall be used to strike The SPEAKER pro tempore. Pursu- Apgar Score, helped develop the Founda- proof quality coins, while at least 1 other ant to the rule, the gentleman from Il- tion’s mission for birth defects prevention; such facility shall be used to strike the un- linois (Mr. DOLD) and the gentleman joining the Foundation as the head of its circulated quality coins. from Georgia (Mr. DAVID SCOTT) each new birth defects division in 1959. (c) PERIOD FOR ISSUANCE.—The Secretary of will control 20 minutes. (7) In the 1960s, the Foundation created the Treasury may issue coins minted under this Act only during the 1-year period begin- The Chair recognizes the gentleman over 100 birth defects treatment centers, and from Illinois. then turned its attention to assisting in the ning on January 1, 2015. development of Neonatal Intensive Care SEC. 6. SALE OF COINS. GENERAL LEAVE Units, or NICUs. (a) SALE PRICE.—The coins issued under Mr. DOLD. Mr. Speaker, I ask unani- (8) With March of Dimes support, a Com- this Act shall be sold by the Secretary at a mous consent that all Members may mittee on Perinatal Health released Toward price equal to the sum of— have 5 legislative days in which to re- (1) the face value of the coins; Improving the Outcome of Pregnancy in 1976, vise and extend their remarks and to which included recommendations that led to (2) the surcharge provided in section 7(a) with respect to such coins; and add extraneous materials on this bill. the regionalization of perinatal health care The SPEAKER pro tempore. Is there in the United States. (3) the cost of designing and issuing the (9) Since 1998, the March of Dimes has ad- coins (including labor, materials, dies, use of objection to the request of the gen- vocated for and witnessed the passage of the machinery, overhead expenses, marketing, tleman from Illinois? Birth Defects Prevention Act, Children’s and shipping). There was no objection. (b) BULK SALES.—The Secretary shall Health Act, PREEMIE Act, and Newborn Mr. DOLD. Mr. Speaker, I yield my- make bulk sales of the coins issued under Screening Save Lives Act. self such time as I may consume. this Act at a reasonable discount. (10) In 2003, the March of Dimes launched a (c) PREPAID ORDERS.— Mr. Speaker, I rise today in support Prematurity Campaign to increase aware- (1) IN GENERAL.—The Secretary shall ac- of H.R. 3187, the March of Dimes Com- ness about and reduce the incidence of cept prepaid orders for the coins minted memorative Coin Act of 2011. I’m proud preterm birth, infant mortality, birth de- under this Act before the issuance of such fects, and lifelong disabilities and disorders. to have introduced this bill and to have coins. (11) The March of Dimes actively promotes worked closely with my friend and col- (2) DISCOUNT.—Sale prices with respect to programs for and funds research into new- league from New York, Congresswoman prepaid orders under paragraph (1) shall be born screening, pulmonary surfactant ther- NITA LOWEY. at a reasonable discount. apy, maternal nutrition, smoking cessation, This legislation authorizes the mint- SEC. 7. SURCHARGES. folic acid consumption to prevent neural (a) IN GENERAL.—All sales of coins minted ing and issue in 2015 of a commemora- tube defects, increased access to maternity under this Act shall include a surcharge of tive coin honoring the 75th anniversary care, and similar programs to improve ma- $10 per coin. of the March of Dimes and recognizes ternal and infant health. (b) DISTRIBUTION.—Subject to section their landmark accomplishments in SEC. 3. COIN SPECIFICATIONS. 5134(f) of title 31, United States Code, all sur- maternal and child health. Surcharges (a) $1 SILVER COINS.—In recognition and charges received by the Secretary from the on the sales of these special coins will celebration of the founding and proud service sale of coins issued under this Act shall be of the March of Dimes, the Secretary of the promptly paid by the Secretary to the March fund critical research and programs to Treasury (hereafter in this Act referred to as of Dimes to help finance research, education, support healthy mothers, healthy in- the ‘‘Secretary’’) shall mint and issue not and services aimed at improving the health fants, and healthy families nationwide. more than 500,000 $1 coins, which shall— of women, infants, and children. b 2020 (1) weigh 26.73 grams; (c) AUDITS.—The March of Dimes shall be (2) have a diameter of 1.500 inches; and subject to the audit requirements of section Mr. Speaker, it’s summertime across (3) contain 90 percent silver and 10 percent 5134(f)(2) of title 31, United States Code, with our Nation, and back home in our dis- copper. regard to the amounts received under sub- tricts, children are playing outside (b) LEGAL TENDER.—The coins minted section (b). with friends or are going swimming at under this Act shall be legal tender, as pro- (d) LIMITATION.—Notwithstanding sub- vided in section 5103 of title 31, United States section (a), no surcharge may be included the pool. But more than 75 years ago, Code. with respect to the issuance under this Act children stayed indoors during the (c) NUMISMATIC ITEMS.—For purposes of of any coin during a calendar year if, as of summer. Their parents wouldn’t let sections 5134 and 5136 of title 31, United the time of such issuance, the issuance of them go to the park or to the pool be- States Code, all coins minted under this Act such coin would result in the number of com- cause of outbreaks of polio. Polio back shall be considered to be numismatic items. memorative coin programs issued during then could strike any child, and no one SEC. 4. DESIGN OF COINS. such year to exceed the annual 2 commemo- knew what the cause was. (a) DESIGN REQUIREMENTS.— rative coin program issuance limitation The March of Dimes is a nonprofit or- under section 5112(m)(1) of title 31, United (1) IN GENERAL.—The design of the coins ganization that was founded in 1938 by minted under this Act shall be emblematic States Code. The Secretary may issue guid- of the mission and programs of the March of ance to carry out this subsection. President Franklin Delano Roosevelt, Dimes, and its distinguished record of gener- SEC. 8. FINANCIAL ASSURANCES. with a mission to eradicate polio. In ating Americans’ support to protect our chil- The Secretary shall take such actions as FDR’s day, polio was an epidemic dis- dren’s health. may be necessary to ensure that— ease that paralyzed or killed up to

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.086 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5615 52,000 Americans, mostly children, rative coin program, and the coins will ing of a commemorative coin, which every year. Even the President had be produced at no cost to the American basically will be a silver $1 coin, for polio. taxpayer. To claim the surcharges, the this wonderful organization. These So during the Great Depression, citi- March of Dimes will raise matching coins would then be sold to the general zens sent dimes—4 billion of them—to funds form private sources. public with a portion going to pay off the White House to fund polio research. Mr. Speaker, I am proud to have the cost of minting the coin, but the That effort funded the research by Doc- sponsored this bipartisan bill, and I rest going to support the very, very im- tors Salk and Sabin that produced the would like to thank the Congress- portant work of this foundation. vaccines that have eradicated polio in woman from New York, Representative So I ask, Mr. Speaker, that my col- the United States and in much of the LOWEY, for her steadfast leadership and leagues join me in voting in favor of world. hard work to see this day become a re- this bill, and in so doing, we’ll be send- In the quest for a vaccine, the March ality. I would also like to thank Chair- ing a big thank-you to the March of of Dimes supported many other re- man SPENCER BACHUS and Ranking Dimes for their hard work and for their search milestones in newborn and child Member BARNEY FRANK for helping to dedication over the last 75 years. health. For example, in 1953, Francis get this bill to the floor today. I also Mr. Speaker, I will also mention the Crick and March of Dimes grantee Dr. want to thank my friend from Georgia, fact that we support them each year in James D. Watson identified the double for him managing time on the other our special cooking and preparation for helix structure of DNA and, in 1962, side today and for his leadership as their major fundraiser that many won the Nobel Prize for mapping the well. Members of Congress and our families human genome. Mr. Speaker, for 75 years, the March and our wives take part in. What an ex- Another research breakthrough came of Dimes has dedicated itself to helping traordinary organization doing an ex- in the 1960s when the March of Dimes all infants get a healthy start in life, traordinary thing for those who are supported research that developed the which is what I think is very, very im- most precious to us, that is, the chil- first screening test for PKU, a rare portant. I ask my colleagues to join me dren of the United States of America. metabolic genetic disorder that causes in voting for H.R. 3187, the March of I reserve the balance of my time. intellectual disabilities. Since that Dimes Commemorative Coin Act. Mr. DOLD. Mr. Speaker, before I I reserve the balance of my time. time, the March of Dimes has led the yield, I do want to just thank my good effort to expand newborn screening. Mr. DAVID SCOTT of Georgia. Mr. Speaker, I yield myself such time as I friend from Georgia (Mr. SCOTT) for his Now every baby born in the United leadership and support of the March of States receives screening for dozens of may consume. I rise today to lend my support to Dimes. conditions that have the potential to this extraordinary and wonderful piece He talked a little bit about the re- cause catastrophic health problems or of legislation, an expression of strong cent fundraiser that the March of death if not detected or treated bipartisan support. Dimes held, where Members of Con- promptly at birth. I certainly want to thank my friend, gress actually were cooking for this Today the March of Dimes is leading Congressman DOLD from Illinois, for fundraiser. What he failed to mention the national effort to reduce premature his leadership on this. It’s a pleasure to was that I believe Mr. SCOTT—and Mrs. birth. Every year, nearly 500,000 infants join with him on the floor today to Scott, for that matter—actually won are born far too soon. In my home manage time on this bill. the cooking contest. So thank you State of Illinois, almost 13 percent of This bill, H.R. 3187, as was pointed again. It was one of the few places I all infants are born prematurely. out, is the March of Dimes Commemo- know we went back for seconds. I real- Preterm birth is the leading cause of rative Coin Act. For 75 years now, the ly appreciate that. death among newborns. Many of those March of Dimes organization has Mr. DAVID SCOTT of Georgia. I who survive face a lifetime of serious worked to prevent infant mortality, thank the gentleman. health problems, including cerebral premature births, and birth defects in Mr. DOLD. Mr. Speaker, at this time, palsy, intellectual disabilities, chronic our children in the United States and I would like to yield 2 minutes to my lung disease, and vision and hearing in other parts of the world. And I can good friend, the gentlewoman from Illi- loss. Preterm delivery can happen to think of no better time and place to nois (Mrs. BIGGERT). any pregnant woman, and in nearly honor this wonderful organization than Mrs. BIGGERT. I thank the gen- half of the cases, no one knows why. right here and right now in the Halls of tleman from Illinois for yielding, and I The March of Dimes National Pre- Congress. commend him for his hard work on this maturity Campaign funds a robust This organization was originally important bill. portfolio of research and education pro- founded by President Franklin Delano I rise in support of the bill, H.R. 3187, grams designed to unveil the causes Roosevelt to help treat and prevent the March of Dimes Commemorative and address the risk factors of preterm polio. The March of Dimes would meet Coin Act of 2011. birth. For example, the March of Dimes with tremendous success and, through This legislation recognizes the tre- is working with hospitals to implement their funding of the work of Dr. Jonas mendous achievements of the March of best practices that discourage early Salk, would contribute greatly to cur- Dimes in protecting the health of in- elective deliveries before 39 completed ing that disease. fants and mothers across the United weeks of pregnancy. Thanks to the Having accomplished their original States. dedication of the March of Dimes and goal, the March of Dimes would turn Founded by President Franklin Roo- others, the United States has seen a de- their attention to promoting healthy sevelt, as was noted, in 1938, the March cline in the prematurity rate for 4 con- women, healthy pregnancies, and of Dimes was instrumental in eradi- secutive years. healthy babies. The March of Dimes cating polio. The organization then Mr. Speaker, the March of Dimes has Foundation works not only here in the turned its sights on birth defects, pre- an extraordinary history of achieve- United States in local communities mature birth, and infant mortality. ment. More than 4 million infants are around the country but, as I men- For decades, the March of Dimes has born every year in the United States, tioned, also around the world to edu- been on the forefront of medical re- and the March of Dimes helps each and cate and inform women, doctors, and search. It educates parents and medical every one through research, education, policymakers on the prevention of professionals about healthy preg- vaccines, and breakthroughs. The com- birth defects and premature birth. This nancies and has helped significantly memorative coin will help fund these work is so vital, so very important, and expand access to neonatal intensive vitally important activities. really so very precious, Mr. Speaker. care for premature and sick infants. H.R. 3187 has broad bipartisan sup- And a healthy pregnancy and a healthy port in both Chambers of the Congress, birth can mean so much and start the b 2030 with 304 cosponsors here in the House child off on the right foot that will last H.R. 3187 recognizes the accomplish- and 68 in the United States Senate. the rest of their entire life. ments of this great American success This legislation complies with all stat- This bill is simple, Mr. Speaker. It story of goodwill and public service, utory requirements for the commemo- would allow for the minting, the mak- and it celebrates the 75th anniversary

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.148 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5616 CONGRESSIONAL RECORD — HOUSE August 1, 2012 of the March of Dimes through a com- COMMITTEE ON FINANCIAL SERVICES, football as an important part of American memorative coin. HOUSE OF REPRESENTATIVES, culture; and Washington, DC, August 1, 2012. (D) to promote the positive values of the I’m pleased to have been an original Hon. DAVE CAMP, sport. cosponsor of this important bill, and I Chairman, Committee on Ways and Means, (2) The Pro Football Hall of Fame opened urge my colleagues to join us in paying House of Representatives, Longworth House its doors on September 7, 1963. On that day a a fitting tribute to an organization Office Building, Washington, DC. charter class of 17 players, coaches, and con- known as the ‘‘champion for all ba- DEAR CHAIRMAN CAMP: I am writing in re- tributors were enshrined. Among the group bies.’’ sponse to your letter regarding H.R. 3187, were such legends as Sammy Baugh, Red March of Dimes Commemorative Coin Act of Grange, George Halas, Don Hutson, Bronko Mr. DAVID SCOTT of Georgia. Mr. 2011, which is scheduled for Floor consider- Nagurski, and Jim Thorpe. Through 2012, Speaker, I have no more speakers, so I ation under suspension of the rules on there are 273 members who have been elected will just close my remarks. Wednesday, August 1, 2012. to the Pro Football Hall of Fame. Three dis- I wish to confirm our mutual under- tinct iconic symbols represent an individ- Again, it is a pleasure working with standing on this bill. As you know, section 7 ual’s membership in the Hall of Fame: a you on this bill, Mr. DOLD. And what a of the bill establishes a surcharge for the bronze bust, a Hall of Fame gold jacket, and noble occasion this is for such a worthy sale of commemorative coins that are mint- a Hall of Fame ring. cause. ed under the bill. I acknowledge your com- (3) The Pro Football Hall of Fame has wel- mittee’s jurisdictional interest in such sur- comed nearly 9 million visitors from around Thank you for mentioning about my charges as revenue matters and appreciate the world since opening in 1963. The museum wife. I give all credit to my wife for your willingness to forego action by the has grown from its original 19,000-square-foot that cooking she did. I think it was Committee on Ways and Means on H.R. 3187 building to an 118,000-square-foot, state-of- shrimp and grits and let’s see, and in order to allow the bill to come to the the-art facility as result of expansions in gumbo, her mother’s gumbo, and it Floor expeditiously. Also, I agree that your 1971, 1978, 1995, and most recently in 2011– won first prize at that event. It is such decision to forego further action on this bill 2013. In addition, major exhibit renovations will not prejudice the Committee on Ways have been completed in 2003, 2008, and 2009. a wonderful occasion, and to have all (4) The Pro Football Hall of Fame houses Members of Congress who participate and Means with respect to its jurisdictional prerogatives on this or similar legislation. the world’s largest collection on professional with this fund-raising effort every year Therefore, I would support your request for football. Included in the museum’s vast col- is just wonderful. I just urge a unani- conferees on those provisions within your ju- lection are more than 20,000 three-dimen- mous vote. risdiction should this bill be the subject of a sional artifacts and more than 20 million pages of documents including nearly 3,000,000 I yield back the balance of my time. House-Senate conference. I will include this exchange of letters in photographic images. Mr. DOLD. Mr. Speaker, in closing, I the Congressional Record when this bill is (5) The Pro Football Hall of Fame reaches just want to again commend my col- considered by the House. Thank you again a world-wide audience of nearly 15,000,000 league. This is a bipartisan bill, broad for your assistance and if you should need people annually through visitors to the mu- anything further, please do not hesitate to seum, participants in the annual Pro Foot- bipartisan support, talking about the ball Hall of Fame Enshrinement Festival, Commemorative Coin Act for the contact Natalie McGarry of my staff at 202– 225–7502. three nationally televised events, the Hall of March of Dimes, truly a wonderful or- Sincerely, Fame’s Web site, social media outlets, spe- ganization that really helps protect SPENCER BACHUS, cial events across the country, and through our nearest and dearest, our children. I Chairman. the museum’s Educational Outreach videoconferencing programs. just want to thank my colleagues for The SPEAKER pro tempore (Mr. SEC. 3. COIN SPECIFICATIONS. their leadership and support, and urge BROOKS). The question is on the motion swift passage. (a) DENOMINATIONS.—The Secretary of the offered by the gentleman from Illinois Treasury (hereafter in this Act referred to as I yield back the balance of my time. (Mr. DOLD) that the House suspend the the ‘‘Secretary’’) shall mint and issue the COMMITTEE ON WAYS AND MEANS, rules and pass the bill, H.R. 3187, as following coins: HOUSE OF REPRESENTATIVES, amended. (1) $5 GOLD COINS.—Not more than 50,000 $5 Washington, DC, August 1, 2012. The question was taken; and (two- coins, which shall— Hon. SPENCER BACHUS, thirds being in the affirmative) the (A) weigh 8.359 grams; Chairman, Committee on Financial Services, rules were suspended and the bill, as (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent Rayburn House Office Building, Wash- amended, was passed. ington, DC. alloy. A motion to reconsider was laid on (2) $1 SILVER COINS.—Not more than 400,000 DEAR CHAIRMAN BACHUS: I am writing con- the table. $1 coins, which shall— cerning H.R. 3187, the ‘‘March of Dimes Com- f (A) weigh 26.73 grams; memorative Coin Act of 2011,’’ which is (B) have a diameter of 1.500 inches; and scheduled for floor action the week of July PRO FOOTBALL HALL OF FAME (C) contain 90 percent silver and 10 percent 30, 2012. COMMEMORATIVE COIN ACT copper. As you know, the Committee on Ways and Mr. RENACCI. Mr. Speaker, I move (3) HALF-DOLLAR CLAD COINS.—Not more Means maintains jurisdiction over matters to suspend the rules and pass the bill than 750,000 half-dollar coins which shall— that concern raising revenue. H.R. 3187 con- (H.R. 4104) to require the Secretary of (A) weigh 11.34 grams; tains a provision that establishes a sur- (B) have a diameter of 1.205 inches; and charge for the sale of commemorative coins the Treasury to mint coins in recogni- (C) be minted to the specifications for half- that are minted under the bill, and this falls tion and celebration of the Pro Foot- dollar coins contained in section 5112(b) of within the jurisdiction of the Committee on ball Hall of Fame, as amended. title 31, United States Code. Ways and Means. The Clerk read the title of the bill. (b) LEGAL TENDER.—The coins minted under this Act shall be legal tender, as pro- However, as part of our ongoing under- The text of the bill is as follows: vided in section 5103 of title 31, United States standing regarding commemorative coin H.R. 4104 Code. bills and in order to expedite this bill for Be it enacted by the Senate and House of Rep- (c) NUMISMATIC ITEMS.—For purposes of floor consideration, the Committee will resentatives of the United States of America in section 5134 of title 31, United States Code, forgo action. This is being done with the un- Congress assembled, all coins minted under this Act shall be con- derstanding that it does not in any way prej- SECTION 1. SHORT TITLE. sidered to be numismatic items. udice the Committee with respect to the ap- This Act may be cited as the ‘‘Pro Football SEC. 4. DESIGN OF COINS. pointment of conferees or its jurisdictional Hall of Fame Commemorative Coin Act’’. (a) DESIGN REQUIREMENTS.— prerogatives on this or similar legislation in SEC. 2. FINDINGS. (1) IN GENERAL.—The design of the coins the future. The Congress finds the following: minted under this Act shall be emblematic I would appreciate your response to this (1) The Pro Football Hall of Fame’s mis- of the game of professional football. letter, confirming this understanding with sion is— (2) DESIGNATION AND INSCRIPTIONS.—On respect to H.R. 3187, and would ask that a (A) to honor individuals who have made each coin minted under this Act there shall copy of our exchange of letters on this mat- outstanding contributions to professional be— ter be included in the Congressional Record football; (A) a designation of the value of the coin; during floor consideration. (B) to preserve professional football’s his- (B) an inscription of the year ‘‘2016’’; and Sincerely, toric documents and artifacts; (C) inscriptions of the words ‘‘Liberty’’, DAVE CAMP, (C) to educate the public regarding the ori- ‘‘In God We Trust’’, ‘‘United States of Amer- Chairman. gin, development, and growth of professional ica’’, and ‘‘E Pluribus Unum’’.

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.150 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5617 (b) SELECTION.—The design for the coins marketing, and shipping) is recovered by the missions are educating youth and pro- minted under this Act shall be— United States Treasury, consistent with sec- moting positive values. (1) selected by the Secretary after con- tions 5112(m) and 5134(f) of title 31, United A few highlight programs exemplify sultation with the Commission of Fine Arts States Code. its missions: Camps for Kids, designed and the Pro Football Hall of Fame; and SEC. 9. BUDGET COMPLIANCE. to promote good nutrition and physical (2) reviewed by the Citizens Coinage Advi- The budgetary effects of this Act, for the sory Committee. fitness; the Hall’s Black History Month purpose of complying with the Statutory program, which details the African SEC. 5. ISSUANCE OF COINS. Pay-As-You-Go Act of 2010, shall be deter- (a) QUALITY OF COINS.—Coins minted under mined by reference to the latest statement American experience in professional this Act shall be issued in uncirculated and titled ‘‘Budgetary Effects of PAYGO Legisla- football; the Hall of Fame Reader, a proof qualities. tion’’ for this Act, submitted for printing in kindergarten through 12th grade sum- (b) MINT FACILITY.—Only 1 facility of the the Congressional Record by the Chairman of mer literacy program; and teacher United States Mint may be used to strike the Committee on the Budget of the House of workshops for graduate and continuing any particular quality of the coins minted Representatives, provided that such state- education studies. under this Act. ment has been submitted prior to the vote on These educational programs are de- (c) PERIOD FOR ISSUANCE.—The Secretary passage. signed to strengthen core curriculum may issue coins minted under this Act only The SPEAKER pro tempore. Pursu- during the 1-year period beginning on Janu- knowledge and skills across key learn- ary 1, 2016. ant to the rule, the gentleman from ing areas: the arts, geography, health, SEC. 6. SALE OF COINS. Ohio (Mr. RENACCI) and the gentleman history, language arts, math, and (a) SALE PRICE.—The coins issued under from New York (Mr. MEEKS) each will science. this Act shall be sold by the Secretary at a control 20 minutes. Mr. Speaker, this legislation recog- price equal to the sum of— The Chair recognizes the gentleman nizes and celebrates the accomplish- (1) the face value of the coins; from Ohio. ments of our sports heroes, but it also (2) the surcharge provided in section 7(a) GENERAL LEAVE will help support those exceptional with respect to such coins; and Mr. RENACCI. Mr. Speaker, I ask philanthropic efforts. Each coin will be (3) the cost of designing and issuing the unanimous consent that all Members sold for an amount that recovers all coins (including labor, materials, dies, use of real and imputed cost plus a surcharge, machinery, overhead expenses, marketing, may have 5 legislative days in which to and shipping). revise and extend their remarks and so there is absolutely no cost to the (b) BULK SALES.—The Secretary shall add extraneous material on this bill. taxpayer. Once the Hall raises match- make bulk sales of the coins issued under The SPEAKER pro tempore. Is there ing funds from the private sector, it this Act at a reasonable discount. objection to the request of the gen- may claim the surcharges that will be (c) PREPAID ORDERS.— tleman from Ohio? available to help finance the expansion (1) IN GENERAL.—The Secretary shall ac- There was no objection. and renovation of its facilities and cept prepaid orders for the coins minted carry out its mission. under this Act before the issuance of such Mr. RENACCI. Mr. Speaker, I yield myself such time as I may consume. We are now at the goal line and pre- coins. pared to put this legislation into the (2) DISCOUNT.—Sale prices with respect to Mr. Speaker, I rise today to urge ap- prepaid orders under paragraph (1) shall be proval of H.R. 4104, the Pro Football end zone. I urge all Members to support at a reasonable discount. Hall of Fame Commemorative Coin this bill. Mr. Speaker, I reserve the balance of SEC. 7. SURCHARGES. Act. Since being introduced on Feb- my time. (a) IN GENERAL.—All sales of coins issued ruary 28, 2012, we have gathered 294 co- under this Act shall include a surcharge of— Mr. MEEKS. Mr. Speaker, I yield my- sponsors. self such time as I may consume. (1) $35 per coin for the $5 coin; I would like to give a special thanks (2) $10 per coin for the $1 coin; and Mr. Speaker, I want to thank the (3) $5 per coin for the half-dollar coin. to Representatives STIVERS and sponsors of this bill. I want to thank (b) DISTRIBUTION.—Subject to section SHULER for helping me collect such a the gentleman from Ohio for spon- 5134(f)(1) of title 31, United States Code, all large and bipartisan group of cospon- soring this bill and bringing this bill to surcharges received by the Secretary from sors. I would also like to thank the the floor. the sale of coins issued under this Act shall chairman and ranking member of the Indeed, the Pro Football Hall of be promptly paid by the Secretary to the Pro House Financial Services Committee, Fame is the pride of Canton, Ohio. It is Football Hall of Fame, to help finance the Representative BACHUS and Represent- construction of a new building and renova- also the apple of the eye of all Ameri- ative FRANK, for their support. tion of existing Pro Football Hall of Fame cans. facilities. The bill before us celebrates the 50th When we think of the National Foot- (c) AUDITS.—The Pro Football Hall of anniversary of the Pro Football Hall of ball League, we immediately think of Fame shall be subject to the audit require- Fame, the pride of Canton, Ohio. The the grand names in football history. ments of section 5134(f)(2) of title 31, United Hall opened its doors on September 7, The gentleman from Ohio named the States Code, with regard to the amounts re- 1963. Six legends were enshrined that initial inductees. Initially coming into ceived under subsection (b). day: Sammy Baugh, Red Grange, my mind are individuals such as Jim (d) LIMITATION.—Notwithstanding sub- George Halas, Don Hutson, Bronko section (a), no surcharge may be included Brown or Jerry Rice or Johnny Unitas with respect to the issuance under this Act Nagurski, and Jim Thorpe. These ti- or Joe Montana, Walter Payton. These of any coin during a calendar year if, as of tans were the first of the 273 men who are household names that are housed the time of such issuance, the issuance of are now enshrined in the Hall of Fame. now forevermore in the Hall of Fame such coin would result in the number of com- And I must add that 23 of those mem- and the National Football League. memorative coin programs issued during bers are from Ohio. But we forget that the National such year to exceed the annual 2 commemo- Americans from all walks of life have Football League and the Hall of Fame rative coin program issuance limitation enjoyed the game of football for dec- says: We’re giving back. We’re not under section 5112(m)(1) of title 31, United ades, and the Pro Football Hall of going to just be involved in keeping the States Code (as in effect on the date of the enactment of this Act). The Secretary of the Fame ensures the achievements of the fame and the records of the NFL. We Treasury may issue guidance to carry out gridiron’s greatest will be remembered understand that we are an American this subsection. and preserved for generations of future sport, and so we’re going to give back SEC. 8. FINANCIAL ASSURANCES. fans. to the American people. Especially our The Secretary shall take such actions as Since its opening almost 50 years young people, our children who, like may be necessary to ensure that— ago, the Pro Football Hall of Fame has me, growing up, idolized many of the (1) minting and issuing coins under this attracted more than 9 million visitors players that are now in the Hall of Act will not result in any net cost to the to Ohio from across the world. Through Fame. United States Government; and its media and Internet outreach, nearly So what the Hall of Fame does is to (2) no funds, including applicable sur- 15 million more participate in Hall-re- make sure that it gets involved in pro- charges, shall be disbursed to any recipient designated in section 7 until the total cost of lated activities. grams that the gentleman from Ohio designing and issuing all of the coins author- The Pro Football Hall of Fame’s ef- just talked about, Camps for Kids, to ized by this Act (including labor, materials, forts go beyond preserving the history help promote nutrition and physical dies, use of machinery, overhead expenses, of the gridiron. Two of the Hall’s core fitness.

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.087 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5618 CONGRESSIONAL RECORD — HOUSE August 1, 2012 We often hear in this society that As you know, the Committee on Ways and will resume on motions to suspend the we’re talking about, people are too Means maintains jurisdiction over matters rules previously postponed. that concern raising revenue. H.R. 4104 con- obese. Well, the NFL recognizes that, f and the NFL Hall of Fame, the Pro tains a provision that establishes a sur- charge for the sale of commemorative coins AUTHORIZING APPOINTMENT OF Football Hall of Fame, as a result, that are minted under the bill, and this falls makes sure there are programs pro- within the jurisdiction of the Committee on CHIEF FINANCIAL OFFICER FOR moting good nutrition, eating good Ways and Means. THE VIRGIN ISLANDS foods, exercise. However, as part of our ongoing under- The SPEAKER pro tempore. The un- Particularly it has been very impor- standing regarding commemorative coin finished business is the question on tant to me when I look at the Hall of bills and in order to expedite this bill for suspending the rules and passing the Fame’s Black History Month program, floor consideration, the Committee will forgo action. This is being done with the un- bill (H.R. 3706) to create the Office of which details the African American ex- derstanding that it does not in any way prej- Chief Financial Officer of the Govern- perience. I can recall growing up with udice the Committee with respect to the ap- ment of the Virgin Islands, and for my father talking about Marion Mot- pointment of conferees or its jurisdictional other purposes, as amended. ley with the Cleveland Browns at the prerogatives on this or similar legislation in The Clerk read the title of the bill. time and the history that he played in the future, The SPEAKER pro tempore. The helping and promoting others. And this I would appreciate your response to this question is on the motion offered by gives us all-around history about every letter, confirming this understanding with respect to H.R. 4104, and would ask that a the gentleman from Colorado (Mr. American. copy of our exchange of letters on this mat- LAMBORN) that the House suspend the Kindergarten through 12th graders, a ter be included in the Congressional Record rules and pass the bill, as amended. literacy program. We talk about the during floor consideration. The question was taken; and (two- need to make sure that our young peo- Sincerely, thirds being in the affirmative) the ple are able to compete. You can’t com- DAVE CAMP, rules were suspended and the bill, as pete if you’re not literate. The Pro Chairman. amended, was passed. Football Hall of Fame makes sure that A motion to reconsider was laid on every child that it can touch will also HOUSE OF REPRESENTATIVES, COMMITTEE ON FINANCIAL SERVICES, the table. be a reader. Washington, DC, August 1, 2012. f We want to be competitive in health Hon. DAVE CAMP, and history and language and arts and Chairman, Committee on Ways and Means, LA PINE LAND CONVEYANCE ACT math and science. The Pro Football Washington, DC. The SPEAKER pro tempore. The un- DEAR CHAIRMAN CAMP: I am writing in re- Hall of Fame has a program that it finished business is the question on takes throughout America to help sponse to your letter regarding H.R. 4104, Pro Football Hall of Fame Commemorative Coin suspending the rules and passing the make that happen. bill (S. 270) to direct the Secretary of And so this Commemorative Coin Act Act, which is scheduled for Floor consider- ation under suspension of the rules on the Interior to convey certain Federal will help them, at no cost to the tax- Wednesday, August 1, 2012. land to Deschutes County, Oregon. payers, run these programs and pre- I wish to confirm our mutual under- The Clerk read the title of the bill. serve its facilities so that it can con- standing on this bill. As you know, section 7 The SPEAKER pro tempore. The tinue to build a legacy of a strong of the bill establishes a surcharge for the question is on the motion offered by American game, but of also making sale of commemorative coins that are mint- ed under the bill. I acknowledge your com- the gentleman from Colorado (Mr. sure that all of America’s children and LAMBORN) that the House suspend the all of America’s people have an oppor- mittee’s jurisdictional interest in such sur- charges as revenue matters and appreciate rules and pass the bill. tunity to grow up, to be literate, to be your willingness to forego action by the The question was taken; and (two- healthy, and to be competitive globally Committee on Ways and Means on H.R. 4104 thirds being in the affirmative) the with anyone. in order to allow the bill to come to the rules were suspended and the bill was b 2040 Floor expeditiously. Also, I agree that your passed. decision to forego further action on this bill A motion to reconsider was laid on So indeed, I urge all of my colleagues will not prejudice the Committee on Ways to vote ‘‘aye’’ for the Pro Football Hall and Means with respect to its jurisdictional the table. of Fame Commemorative Coin Act, and prerogatives on this or similar legislation. f Therefore, I would support your request for I reserve the balance of my time. WALLOWA FOREST SERVICE Mr. RENACCI. Mr. Speaker, I want conferees on those provisions within your ju- COMPOUND CONVEYANCE ACT to thank the gentleman from New risdiction should this bill be the subject of a House-Senate conference. The SPEAKER pro tempore. The un- York for his inspiring comments. I will include this exchange of letters in I would agree that the Pro Football the Congressional Record when this bill is finished business is the question on Hall of Fame is a great asset not only considered by the House. Thank you again suspending the rules and passing the to the city of Canton, the State of for your assistance and if you should need bill (S. 271) to require the Secretary of Ohio, and America, and the accom- anything further, please do not hesitate to Agriculture to enter into a property plishments that it provides other than contact Natalie McGarry of my staff at 202– conveyance with the city of Wallowa, just enshrining inductees are a great 225–7502. Oregon, and for other purposes. Sincerely, asset to this hall. The Clerk read the title of the bill. SPENCER BACHUS, The SPEAKER pro tempore. The I reserve the balance of my time. Chairman. question is on the motion offered by Mr. MEEKS. Having no further The SPEAKER pro tempore. The the gentleman from Colorado (Mr. speakers, I yield back the balance of question is on the motion offered by my time. LAMBORN) that the House suspend the the gentleman from Ohio (Mr. RENACCI) rules and pass the bill. Mr. RENACCI. Mr. Speaker, at this that the House suspend the rules and The question was taken; and (two- time, I ask my colleagues to join me in pass the bill, H.R. 4104, as amended. thirds being in the affirmative) the passing H.R. 4104, and I yield back the The question was taken; and (two- rules were suspended and the bill was balance of my time. thirds being in the affirmative) the passed. HOUSE OF REPRESENTATIVES, rules were suspended and the bill, as A motion to reconsider was laid on COMMITTEE ON WAYS AND MEANS, amended, was passed. Washington, DC, August 1, 2012. A motion to reconsider was laid on the table. Hon. SPENCER BACHUS, the table. f Chairman, Committee on Financial Services, Washington, DC. f ADAM WALSH REAUTHORIZATION DEAR CHAIRMAN BACHUS: I am writing con- ANNOUNCEMENT BY THE SPEAKER ACT OF 2012 cerning H.R. 4104, the ‘‘Pro Football Hall of PRO TEMPORE Fame Commemorative Coin Act,’’ which is The SPEAKER pro tempore. The un- scheduled for floor action the week of July The SPEAKER pro tempore. Pursu- finished business is the question on 30, 2012. ant to clause 8 of rule XX, procedures suspending the rules and passing the

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.152 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5619 bill (H.R. 3796) to reauthorize certain The SPEAKER pro tempore. The rules were suspended and the bill was programs established by the Adam question is on the motion offered by passed. Walsh Child Protection and Safety Act the gentleman from Texas (Mr. SMITH) A motion to reconsider was laid on of 2006, as amended. that the House suspend the rules and the table. The Clerk read the title of the bill. pass the bill. f The SPEAKER pro tempore. The The question was taken; and (two- b 2050 question is on the motion offered by thirds being in the affirmative) the the gentleman from Texas (Mr. SMITH) rules were suspended and the bill was FEDERAL LAW ENFORCEMENT that the House suspend the rules and passed. PERSONNEL AND RESOURCES pass the bill, as amended. A motion to reconsider was laid on ALLOCATION IMPROVEMENT ACT The question was taken; and (two- the table. OF 2012 thirds being in the affirmative) the f The SPEAKER pro tempore. The un- rules were suspended and the bill, as finished business is the question on amended, was passed. CHILD PROTECTION ACT OF 2012 suspending the rules and passing the A motion to reconsider was laid on The SPEAKER pro tempore. The un- bill (H.R. 1550) to establish programs in the table. finished business is the question on the Department of Justice and in the f suspending the rules and passing the Department of Homeland Security to bill (H.R. 6063) to amend title 18, help States that have high rates of RECODIFICATION OF EXISTING United States Code, with respect to homicide and other violent crime, and LAWS RELATED TO NATIONAL child pornography and child exploi- for other purposes, as amended. PARK SERVICE tation offenses. The Clerk read the title of the bill. The SPEAKER pro tempore. The un- The Clerk read the title of the bill. The SPEAKER pro tempore. The finished business is the question on The SPEAKER pro tempore. The question is on the motion offered by suspending the rules and passing the question is on the motion offered by the gentleman from Texas (Mr. SMITH) that the House suspend the rules and bill (H.R. 1950) to enact title 54, United the gentleman from Texas (Mr. SMITH) pass the bill, as amended. States Code, ‘‘National Park System’’, that the House suspend the rules and The question was taken; and (two- as positive law, as amended. pass the bill. thirds being in the affirmative) the The Clerk read the title of the bill. The question was taken; and (two- rules were suspended and the bill, as The SPEAKER pro tempore. The thirds being in the affirmative) the amended, was passed. question is on the motion offered by rules were suspended and the bill was The title was amended so as to read: the gentleman from Texas (Mr. SMITH) passed. ‘‘A bill to direct the Attorney General that the House suspend the rules and A motion to reconsider was laid on to give priority in the allocation of pass the bill, as amended. the table. Federal law enforcement personnel and The question was taken; and (two- f resources to States and local jurisdic- thirds being in the affirmative) the tions that have a high incidence of rules were suspended and the bill, as STOPPING TAX OFFENDERS AND homicide or other violent crime.’’. amended, was passed. PROSECUTING IDENTITY THEFT A motion to reconsider was laid on A motion to reconsider was laid on ACT OF 2012 the table. the table. The SPEAKER pro tempore. The un- f finished business is the question on f CAMPAIGN FINANCE REFORM suspending the rules and passing the STUDENT VISA REFORM ACT bill (H.R. 4362) to provide effective The SPEAKER pro tempore. Under The SPEAKER pro tempore. The un- criminal prosecutions for certain iden- the Speaker’s announced policy of Jan- finished business is the question on tity thefts, and for other purposes. uary 5, 2011, the gentlewoman from suspending the rules and passing the The Clerk read the title of the bill. Maryland (Ms. EDWARDS) is recognized bill (H.R. 3120) to amend the Immigra- The SPEAKER pro tempore. The for 35 minutes as the designee of the tion and Nationality Act to require ac- question is on the motion offered by minority leader. creditation of certain educational in- the gentleman from Texas (Mr. SMITH) Ms. EDWARDS. Mr. Speaker, you stitutions for purposes of a non- that the House suspend the rules and know, they say that he who pays the immigrant student visa, and for other pass the bill. piper plays the tune; but unfortunately purposes, as amended. The question was taken; and (two- in today’s campaign finance system, The Clerk read the title of the bill. thirds being in the affirmative) the it’s just like one Johnny One Note, and The SPEAKER pro tempore. The rules were suspended and the bill was it’s about millionaires and billionaires. I rise today, Mr. Speaker, to speak on question is on the motion offered by passed. an important issue. The fact is that the gentleman from Texas (Mr. SMITH) A motion to reconsider was laid on our democracy is for sale to the high- that the House suspend the rules and the table. est bidder. Super PACs, millionaires pass the bill, as amended. f and billionaires are taking over our The question was taken; and (two- EDWARD BYRNE MEMORIAL JUS- election. They’re doing what ordinary thirds being in the affirmative) the individuals don’t have any capacity to TICE ASSISTANCE GRANT PRO- rules were suspended and the bill, as do, and the impact on policymaking GRAM REAUTHORIZATION ACT amended, was passed. and on elections is debilitating. It OF 2012 A motion to reconsider was laid on makes voiceless the very people, Mr. the table. The SPEAKER pro tempore. The un- Speaker, who most need a voice in f finished business is the question on these very troubling times. Our sen- suspending the rules and passing the iors, young people, poor people, work- FOREIGN AND ECONOMIC ESPIO- bill (H.R. 6062) to reauthorize the Ed- ing people, women, middle-income fam- NAGE PENALTY ENHANCEMENT ward Byrne Memorial Justice Assist- ilies, and small business owners, all of ACT OF 2012 ance Grant Program through fiscal them have just been shut down because The SPEAKER pro tempore. The un- year 2017. of this system. But it’s worse now than finished business is the question on The Clerk read the title of the bill. it was even in the dark days of Water- suspending the rules and passing the The SPEAKER pro tempore. The gate. bill (H.R. 6029) to amend title 18, question is on the motion offered by Now, before coming to Congress, Mr. United States Code, to provide for in- the gentleman from Texas (Mr. SMITH) Speaker, I spent nearly 15 years of my creased penalties for foreign and eco- that the House suspend the rules and career actually working on issues re- nomic espionage, and for other pur- pass the bill. lated to campaign finance reform, elec- poses. The question was taken; and (two- tion law, voting rights, and govern- The Clerk read the title of the bill. thirds being in the affirmative) the ment ethics, from my time as a lawyer

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.154 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5620 CONGRESSIONAL RECORD — HOUSE August 1, 2012 to my service as executive director of So here we are, Mr. Speaker, and I’m ing in directly until after the fact. several nonprofit organizations; and I glad to have this opportunity to say a Maybe we see three-point type on a tel- just can’t think of a worse time than few words this evening because we’re 97 evision screen that flashes right by, this time that we’re living in now. calendar days away from the November Mr. Speaker; but the fact is the Amer- The complexity of balancing impor- 2012 election, but we’re 16 legislative ican public doesn’t know. tant constitutional considerations is days away. That means that Congress— b 2100 really important, but appropriate pub- every elected Member of the House and lic policy is also important; and we’re the Senate—has 16 legislative days, 16 Now, there had been long-settled just not striking that balance. In fact, days of opportunity to restore sanity cases in this country that said that corporations actually didn’t have the Mr. Speaker, if you think about it, in to the campaign finance system, to let ability to spend out of their corporate the days following Watergate and the the people know that we actually care treasuries when corporations are reforms that came thereafter, much of about whether their voice is important, formed for all kinds of reasons, but not the way that we thought about our versus the voices of the millionaires really to spend out of their treasuries campaign finance system and that we and the billionaires who get to set the like people, real people can and should thought about the role of money in pol- agenda. Sixteen days. There’s a lot in the political process. But Citizens itics and its relation to policymaking that you can do in 16 days—or you can was almost completely circumscribed United changed all of that. do nothing. That’s the choice that we Then came another case. Now keep in by pretty much one decision and a cou- have today. mind, this is just in the last 2 years ple of others, the Buckley v. Valeo de- So there can’t be any doubt that in that our system has been completely cision and all the cases that followed. fact we’ve entered a really unprece- upended. Then came another case During that time, we could not have dented era in our political system, called speechnow.org v. the Federal imagined a more desolate campaign fi- where super PACs rule. I didn’t even Election Commission. And what the nance landscape, in fact, than the one know what a super PAC was, most United States Court of Appeals for the we have here today, Mr. Speaker. Here Americans probably didn’t, but we sure District of Columbia decided was that we are facing the Supreme Court’s 2010 do now, where one person, one vote has contributions to political action com- decision in Citizens United v. The Fed- been more appropriate for a history mittees that only make supposed inde- eral Election Commission. Now, you lesson than a description of the elec- pendent expenditures can’t be limited. would think that a lot of people would toral process. That’s right: unlimited contributions not really be familiar with any one Su- How did we get to this framework from political action committees. preme Court decision, but in fact all that allows a free rein to outside orga- These have come to be known as super across this country people are outraged nizations, to corporations and their PACs. by that decision because it has been treasuries, to the wealthy, allowing And why are they so super? Because devastating to the political system. them to raise unlimited amounts of it’s unlimited money, and it’s just Now, Mr. Speaker, my congressional cash to influence American elections? gushing into the political system. In district is in the metropolitan Wash- The question really is that we got here States all across the country that are ington area, in the Maryland suburbs, because of Citizens United. the favored battleground States, people and so we get the benefit in this area of So, 2 years ago, the Supreme Court, in those States, and States like North hearing advertising that comes on tele- in a 5–4 ruling, said, you know what, Carolina and Virginia and Ohio and vision from Virginia. Now, Virginia is a we’re going to invalidate everything other States, can actually see that battleground State in the Presidential we’ve known about the campaign fi- money firsthand because it’s just being elections, and so that means that we nance system; the Federal Election spent like crazy. get to experience in Maryland, where Campaign Act—which has been ren- And you know what? With 97 days, we wouldn’t ordinarily, all of the elec- dered pretty much useless; the bipar- Mr. Speaker, left until the election, tion advertising. What we see is ad tisan—and I’ll repeat that, bipartisan, there will be more. after ad. And you can’t even read the Mr. Speaker, Campaign Reform Act In fact, I think that the American small print on the ad. You don’t know that was a way that Republicans and people will be so sick and tired of the who’s paying for it. You don’t know Democrats came together for things advertising and not knowing who’s be- where it’s coming from. You don’t like disclosure and limiting contribu- hind it and the cross-messaging and know what’s behind it because none of tions and circumscribing the role of things that may or may not be true, that is disclosed. You hear hammering money in politics, and in a 5–4 decision, but you have no way of checking it, the one candidate or hammering another the United States Supreme Court American people are going to be so sick candidate. threw it all out. In doing so, what the and so outraged that they will con- And so here you sit, as an ordinary Court did was it struck down long-time tinue to demand, as they have been, person at home just wanting to get up prohibitions against corporate use of that we return some sanity to the sys- and take care of your family and make general treasury funds for independent tem. sure that your kids are okay, and this expenditures and for communicating in These court decisions, of course, have political system has gone amuck and elections. said that corporations have equal awash in campaign dollars, money Now, what the American people need rights to those of an individual. Can coming from all sorts of sources. to understand, Mr. Speaker, is that you imagine that your local corpora- But what Citizens United did was it means that no matter what corpora- tion that does a great job of hiring peo- upended the role of the people in the tion you are, maybe you represent in- ple in your community is on par with process and took away our voice in the surance companies or the financial sec- an individual when it comes to making face of unlimited, undisclosed sources tor or the energy sector or any number a political contribution? But that is, in of money that did not, in the past, of sectors that certainly hire a lot of effect, the land that we live in right have a place in the campaign finance employees, and they have shareholders, now. mix. Well, Mr. Speaker, I think this but what the Supreme Court said is The result has been a stunning influx can’t continue. We can’t allow it to go we’re going to reach into the corporate of money that threatens to erode our unchecked. It’s just been too debili- piggy bank and we’re going to allow democratic process and leads us to tating to people at home. It has an im- corporations—for the first time ever, even lower voter participation rates. pact all across the board on participa- really, in our modern-day politics—to The danger of Citizens United and the tion, on whether people feel that they spend their money directly on cam- cases that followed was actually her- have a voice in policymaking, on the paigns. alded by Justice Stevens in his dis- candidates who choose to run for elect- Now, Mr. Speaker, corporations have senting opinion in the case. And he ed office or not. I can understand why name-brand identity, so they don’t do couldn’t have been more prescient. the American people feel like, you this willy-nilly. So what do they do? Here’s what he said. He warned that it know what, I just want to shut down They pass it through an organization would ‘‘undermine the integrity of because the system simply isn’t work- that’s a shadow organization so we elected institutions around the Na- ing for me. don’t know where that money is com- tion.’’

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.156 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5621 Well, you don’t have to look very far, would keep them independent, staffers, who, keep in mind, said that he had Mr. Speaker, to know that the Amer- family, friends of a particular can- supported Citizens United, concluded, ican people understand and believe didate that the super PAC is sup- ‘‘I think,’’ referring to the anonymous that our institution is about as low as porting. ads, ‘‘that it debilitates politics.’’ He you can go. I mean, all of us have seen No great secret. In fact, coming out said, ‘‘I think it strengthens million- the numbers; and it can’t be separated, of the Republican primary elections, it aires and it weakens middle class can- the way that the American people feel was no secret at all who the million- didates.’’ about our elected officials, feel about aires and the billionaires were putting I couldn’t agree with him more. I our elected institutions, feel about the their money behind. And so, while the could not agree with him more. official campaign and the candidate are ability of our institutions to respond to b 2110 their everyday needs. We must know allowed to keep their hands clean, and that that is deeply connected to the I use that term loosely, clean, these Mr. Speaker, the landscape has con- role, the perverse role of money and shadow arms of a campaign are used to tinued to darken as we march toward politics. launch unrelenting attacks against an the general election with groups that I don’t have to tell the American peo- opponent that they pretend or that are are collecting and planning to spend ple. Mr. Speaker, you don’t have to tell unaffiliated with a particular can- enormous sums of money. the American people because they didate or an election strategy. It’s al- American Crossroads and Priorities know. They know in their gut that it’s most laughable. And in fact I think USA reportedly plan to raise and spend actually wrong for corporations to people at home, when they’re not tun- $240 million and $100 million respec- reach in their treasuries and spend on ing out, in fact they’re laughing at us. tively on the election. Just recently, campaigns. They know in their gut Justin Stevens’ warning materialized National Public Radio reported that that it’s wrong for a handful of million- initially in the 2010 election. I know Republican super PACs and other out- aires and billionaires to control the that I recall that because for the first side groups, including Karl Rove, the agenda, to control the policy, to con- time in our history, corporate and Koch brothers, and Tom Donohue of trol the message. They know it’s wealthy individuals really began to the U.S. Chamber of Commerce—sup- wrong. flood the airwaves. And here we are in posedly independent—plan to spend a Now, Justice Kennedy, in his major- 2012, and in that 2-year interim, boy, combined $1 billion before election day. ity opinion—and, remember, the major- have they figured out this system, Mr. That’s right. The American people need ity won in Citizens United—stated that Speaker. And it’s all over the place, to understand that. $1 billion. Unless ‘‘independent expenditures simply do flooding the entire electoral process. we think that this is just about Repub- not give rise to corruption or the ap- In the 2010 election cycle, the spend- licans, Democrats are trying to play, pearance of corruption.’’ ing by corporations and outside groups too. It doesn’t matter who is playing. Clearly, the Justice has not really actually multiplied fourfold from the It’s wrong. participated in politics because you 2006 election, going to nearly $300 mil- According to the Center for Respon- don’t have to look very far to know lion, astonishing at that time. But you sive Politics, as of August 1—that’s that, in fact, the corruption is actually know what? You haven’t seen anything today—705 groups have organized as rampant. Now, there is the appearance yet. super PACs and have reported receipts Let’s take a look at where we are of corruption, maybe not out right. No- of over $318 million and independent today. From 2008 to 2010, the average body’s buying or selling a vote. That’s expenditures already of more than $167 amount spent for a House seat, that is, not the point. million in the 2012 election cycle. for a winning candidate, increased 32 But the point is that it appears to be That’s as of today and here we are. percent, from about $2 million to over just really dirty. Most people look at They’ve got 97 more days to raise more $2.7 million. But as we know, the worst our politics, they look at the nastiness, money, to spend more money and to do really was yet to come. and you know what, Mr. Speaker? They all of that undercover. I want to put it At the start of the 2012 Republican into stark contrast because just a cou- just want to wash their hands. Presidential primaries, we really began Now, it’s possible that this flow of ple of weeks ago, just 2 weeks ago, the to see the creep and the crawl and the numbers stood at 678. Today, it’s 705— super PACS into elections would allow impact and the danger of Citizens for independent expenditures; but the who knows what it will be next United. And the results, as I said, were week?—with receipts of $281 million. fact is there’s nothing independent on full display in Iowa. Super PACs Now those receipts are $318 million. about it. It’s not independent when a there actually outspent candidates 2–1. Can you do a little math on a multi- family member starts a super PAC. It’s That’s right, the so-called independent plier? Because this thing is like rapid not independent when a former busi- expenditure groups outspent the actual fire all across the country in this elec- ness partner starts a super PAC. It’s candidates. The super PACs had a big- tion cycle. The growth is really out of not independent when former col- ger voice than the actual candidates control. leagues and coworkers start a super for the Republican primary. PAC and then begin spending on elec- Republican Presidential hopeful and Citizens United will continue to tions not very far from the candidate. former Speaker of this House, Newt allow super PACs to permeate the air- And the American people understand Gingrich, who, at the time, actually waves with distortions and with half- this. supported the Supreme Court’s deci- truths, all of it in an attempt to alter Now, we can try to pretend that it’s sion, what did he see? He saw his poll the political discourse. This is not something different, but it’s not dif- numbers plummet after a barrage at- about what candidates are saying indi- ferent. The operations of these super tack of about $4 million in negative ad- vidually. It’s hard to even hear directly PACs provide a stark contrast to the vertising that was paid for by Restore from them because we’re hearing so flawed assumptions that the Court Our Future, a super PAC supporting much from the super PACs. made in its ruling. former Governor Mitt Romney and run I can recall many years ago when I It’s up to us in the Congress, in 16 by his former staffers. began working on issues of campaign legislative days, 97 days before this im- The same group then poured nearly finance reform, it was the Republicans portant election, to change that dy- $8 million into the Florida primary, who said, Do you know what, we don’t namic, to say that for the future, that with Winning Our Future, a super PAC want all that other regulation, but we for going forward, we understand that supporting former Speaker Gingrich love disclosure. It turns out that now, there is no role for this kind of money spending a $6 million ad buy. in the day when the majority opinion in our politics. There’s no role for it in Let’s look at the numbers. And I’m in Citizens United declared that the our elections. sure the American public, Mr. Speaker, one thing that wasn’t off limits is actu- And so, although these organizations must be saying, I can’t believe they ally disclosure, Democrats have put have been supposedly declared inde- spend that much money on politics. forward a disclosure bill called DIS- pendent by the courts, the reality is But surely they do. CLOSE, introduced by my colleague that they flout the coordination rules And after being targeted by Restore from Maryland, CHRIS VAN HOLLEN. that have set up, that supposedly Our Future, former Speaker Gingrich, Many of us have signed onto it. That

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.158 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5622 CONGRESSIONAL RECORD — HOUSE August 1, 2012 disclosure bill was brought up in the for elective office and with ways that The other thing that we could do in Senate. It has been brought up over you could clean the dirty money out of these legislative days, in addition to here in the House. And do you know the system so that we’re not governed bringing the DISCLOSE Act to this what? It has gone nowhere. It’s the by making phone calls and asking peo- floor, is to convene serious hearings same people who over the last 20 years ple for money to fund our campaigns. I among serious people about amending or more, even since Buckley v. Valeo— think that the Fair Elections Now Act the Constitution so that we can restore certainly more—said we support disclo- actually does that, and it’s why I’ve sanity to our system and to make sure sure. We are robust supporters of dis- supported it. that our citizens’ voices count more closure, but not today. Not today, Mr. What would happen is we would cre- than those voices of those just digging Speaker. Not today. They don’t want ate a voluntary program where con- into corporate treasuries. to disclose anyone—any individual, any gressional candidates could actually I don’t think there is even one way to corporation—that’s behind these con- qualify for funding to run for competi- do this, but I think it’s important to tributions. tive elections and campaigns. In ex- put something on the table. I urge the Why is that? change, what those participating can- consideration by this House of House It’s about politics, Mr. Speaker. It’s didates would do—and what I would do Joint Resolution 78, which is an because maybe it’s working in the as a candidate—is agree to strict cam- amendment to the Constitution. It favor of those who don’t want disclo- paign limits and to forgo all private goes on the very limited track of say- sure, who don’t want their names out fundraising. ing that Congress, indeed, has the au- there, who don’t want the American To the American public, Mr. Speaker, thority that it needs under our Con- public, whether it’s in my district or in what I would say is, If you don’t own stitution to make the changes that we any other district, to know who they your elections, then who does? need to of the campaign finance system are and to know what’s being spent. Right now we know that we don’t in order to make sure that elections Of course, I envision that, like many own our elections. We need that kind of are owned by the American people. Members of Congress, you could run reform. So I believe those interim re- 2120 the risk as a Member of Congress, to be forms are really necessary. Yet as an b sure, in speaking out against this attorney and as somebody who has It’s a really simple thing to do, and nasty, dirty, unlimited money in our spent decades working on campaign fi- let’s take it to the legislatures. politics, and they’ll all gang up on you. nance, I think that we have to go far- Because so many of my colleagues I’m going to take that risk, Mr. Speak- ther. have introduced constitutional amend- er, because I happen to believe that the I think that what the Court says is, ments also, many of us have actually American people are sick and tired of Congress, you don’t have any authority joined with people all across this coun- it. They want us to do something about to regulate except by doing disclosure. try. In fact, millions of people across it. It’s important for us to speak out To me, what that means is that it re- this country are calling for us to be on about that because otherwise we lose quires the serious consideration of an the side of democracy, and we’ve signed everything. We lose participation. We amendment to the Constitution. I don’t on to a declaration for democracy. I’m lose people wanting to be involved and take that lightly. In fact, as an advo- a proud declarant for democracy. We engaged in politics and wanting to run cate and as a donor long before I came have 275 cities and towns from New for elected office. Those who pay the to Congress, I spent the better part of York to Boulder, to Los Angeles, all piper just get to carry on in the proc- my career shunning attempts by re- across the country, big cities, small ess. We can’t allow that to happen. form groups who would come to me and cities, who have called on a declaration So I believe in disclosure, but I don’t who wanted me to work on reforms for democracy to pass anti-Citizens think we can end at disclosure. I think that required us to amend the Con- United resolutions. We might differ on we have to go a step farther. We want stitution. I always said no. the subtleties on what this resolution to promote that kind of transparency, The reason is that I think amending might be, but that’s the job of the though, in the political process. We the Constitution is a serious step and United States Congress, to hear it out, want to enhance the public reporting requires serious consideration, but here to hear all sides, to hear from constitu- by corporations and unions and all out- the Supreme Court really hasn’t left us tional scholars about how we need to side groups. I’m happy to let anybody any choice. In fact, in a couple of cases do this, but to do this together for the know who is funding my elections. All from Citizens United, they inasmuch American people. of us should be pleased to do that be- have said so. They said pretty directly, Over 1,854 public officials across the cause we know that it contributes to Congress, you don’t have the authority country, including 92 Members of the the public confidence in us as elected to regulate campaigns except to the ex- House, 28 senators, and over 2,000 busi- officials. I want to stand by any ad and tent that you do disclosure. ness leaders across the country have say I approve of this message. Well, a So I have made a proposal to amend said it’s time for us to take a stand for corporation should stand by and say the Constitution. I worked with Lau- democracy. They’ve signed their name that it approves of that message, too. I rence Tribe, a noted constitutional pro- to our declaration for democracy. I want to know who is behind those ads. fessor. I worked with colleagues here in would encourage all of our colleagues, I think we still have 16 legislative the Congress, including the then-House before you leave town, sign your name days left in this Congress. Bring DIS- chairman of the Judiciary, JOHN CON- to the declaration for democracy. Show CLOSE to the floor. It’s time to do the YERS in the last Congress. I reintro- the American people that we stand on right thing. Now, I don’t control the duced that amendment in this Congress their side. agenda on the floor, Mr. Speaker. The because I think that the time is now. There’s no doubt that it’s a bold step Republican majority does. They do I’ve always questioned the rationale to amend a document that’s only been have the capacity to bring reforms to for the Court’s decision, but I’ve done a amended 27 times, and some would this floor before we do anything else. reality check because writing this deci- question the need to fix the problem I also think this campaign finance sion requires us to start in the Halls of with a constitutional amendment. But problem requires some other things, this Congress. It requires us to con- the Supreme Court pretty much an- too, which is why I’ve supported the tinue on to the States with a constitu- swered that question unequivocally. Fair Elections Now Act. It’s in the tional amendment. So I’ve introduced The Supreme Court has also said, You Senate as S. 750, and here in the House this amendment. know what, if Congress wants to do it’s H.R. 1404. It’s modeled after suc- I know that, since then, there have something, then Congress has to act in cessful programs in the States. There been a number of other constitutional this way. I don’t question that the Su- are some people who believe the States amendments introduced. Just last preme Court made this decision. I ac- are the laboratories for democracy. I week, I testified over in the Senate Ju- cept that. It was a 5–4 ruling. That’s share that belief. The States have ex- diciary Subcommittee on the Constitu- the way our system works. The other perimented with ways in which you tion where there is the consideration of part of our system is that free thinking could fund campaigns to encourage dif- a constitutional amendment in the Members of the United States House of ferent and more diverse people to run Senate. Now is the time. Representatives and of the Senate

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.160 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5623 come together to do what’s right for revise and extend their remarks and in- We hold these truths to be self-evident, the American people. clude extraneous material on the sub- that all men are created equal and are en- Mr. Speaker, here’s what I would say ject of my Special Order. dowed by their Creator with certain in closing. Millionaires and billionaires The SPEAKER pro tempore. Is there unalienable, God given rights, among them, the right to life, liberty and the pursuit of are really doing simply what ordinary objection to the request of the gentle- happiness. citizens can’t do anymore. They’ve got woman from Minnesota? all the strings. I can understand, Mr. There was no objection. b 2130 Speaker, that there are people at home Mrs. BACHMANN. Today, Mr. Speak- And so, Mr. Speaker, I would just who just really aren’t sure where they er, we mark the 20th anniversary of refer back to the truth. Tonight, as we fit in this system. They’re not sure Priests for Life, and I’m pleased to think about life and honor and organi- what it means for their elected offi- yield 1 minute to my colleague, JEAN zations like Priests for Life and others cials to be responsive to them because SCHMIDT, of Ohio. who understand the truth that are con- they believe that there’s somebody out Mrs. SCHMIDT. Thank you for giving tained in words like this, ‘‘Behold, chil- there who has more money and, as a re- me 1 minute. dren are a gift of the Lord, The fruit of sult, more power and, as a result, more I do want to celebrate the 20th anni- the womb is a reward’’; of the prophet influence than they do at home. versary, and I want to celebrate three Jeremiah, of whom it was said, ‘‘Before I’ve traveled all across this country, pro-life advocates in my own home- I formed you in the womb, I knew you. and I have to tell you that it doesn’t town. The first is Archbishop Dennis Before you were born, I set you apart,’’ matter whether you’re in Maine or Schnurr, who has been unequivocally that’s life before even the womb was Montana, or you’re all the way down in the forefront of this movement. I open. through the South of this country and have stood with Archbishop Schnurr in And then that beautiful psalm, all across this great landscape, people front of Planned Parenthood of Greater Psalm 139, says: really want to feel that they have some Cincinnati praying the rosary. I have power, that they have some influence. walked with him in the Cross the For You formed my inward parts. You wove me in my mother’s womb. I will give Mr. Speaker, they just don’t have that Bridge for Life. I’ve watched him get thanks to You, for I am fearfully and won- right now. on a bus with schoolchildren and come derfully made. Wonderful are Your works, I just don’t even know another way up here to Washington for the March and my soul knows it very well. My frame to say that there’s a ‘‘for sale’’ sign on for Life. Auxiliary Bishop Joseph was not hidden from You when I was made in the doors. I see poor old Uncle Sam Binzer is another pro-life advocate who secret and skillfully wrought in the depths of here. He’s looking mighty sad, Mr. has walked the walk and talked the the Earth. Your eyes have seen my unformed Speaker. I’ve never seen a more sad talk. And most importantly, my own substance. And in Your book were all writ- looking Uncle Sam. Part of the reason parish priest, Father Michael Cordier, ten the days that were ordained for me, when as yet there was not one of them. is because he’s shackled. He’s shackled who again has come up here to Wash- by $100 million from Priorities USA Ac- ington with a group of students from Father Frank, we thank you for your tion. Uncle Sam is shackled by $300 St. Elizabeth Ann Seton and St. An- work and the Priests for Life. We million from Karl Rove and American drew to March for Life, but most im- thank all of those who stand for life. Crossroads. Uncle Sam is shackled by portantly in his own personal life has Mr. Speaker, I thank this body for $61 million from only 26 billionaires. witnessed his brother and his sister-in- the opportunity to speak for the prin- Uncle Sam is shackled by $39 million law with a very challenged girl, Sophia ciple that God created life for a pur- from who knows who else. And poor Cordier, who not only exemplified what pose, and we must adore it and con- Uncle Sam, sad with his hand out, is the meaning of life is, but as she passed tinue it on. shackled by $400 million from the Koch into her eternal reward earlier this Mrs. BACHMANN. Mr. Speaker, I Brothers, shackled by $100 million from year, has become an emblematic por- now yield to Representative CHRIS Sheldon Adelson. tion of the right-to-life movement in SMITH of New Jersey, the leading voice We could put a lot more up there, Mr. greater Cincinnati. for the pro-life cause and for the un- Speaker, but it’s time for the United Mrs. BACHMANN. Mr. Speaker, I born across the United States. States Congress to remove the shackles now yield 3 minutes to Mr. WALBERG of Mr. SMITH of New Jersey. I thank of money from Uncle Sam so that we Michigan. my good friend for yielding and thank don’t continue to sell our democracy. Mr. WALBERG. I thank the gentle- her for calling this very important Spe- It’s time for us to remove the shackles. lady. I thank you for commanding this cial Order. It’s time for us to say to the million- time to call attention to people, heroes For two decades, I, along with count- aires and billionaires, You’ve got to of life like Father Frank Pavone. less others, have been moved, inspired, play just like the person who gives $5 Congressman RON PAUL, one of our and motivated to defend the weakest or $1. Not a lot of people give money to colleagues, shared a poem with me on and most vulnerable among us by the political campaigns. I can certainly un- the floor one day. It caught my atten- remarkable life and pro-life witness of derstand that. tion. It’s called ‘‘The Anvil’’: Father Frank Pavone. Ordained to the Roman Catholic priesthood by Cardinal Mr. Speaker, I would close by urging Last eve I passed beside a blacksmith door, us to use the 16 legislative days that and heard the anvil ring the vesper chime; John O’Connor in 1988, Father Pavone are left to restore democracy, to re- Looking in, I saw upon the floor old ham- celebrates 20 years since the founding store sanity, by acting for the Amer- mers, worn with beating years of time. of Priests for Life, the organization he ican people to restore the campaign fi- ‘How many anvils have you had,’ said I, ‘To so effectively leads. nance system. wear and batter all these hammers so?’ A prolific writer and gifted speaker, With that, I yield back the balance of ‘Just one,’ said he, and then with twin- Father Pavone takes the gospel mes- my time. kling eye, ‘The anvil wears the hammers out, sage of love, forgiveness, truth, and you know.’ f And so, thought I, the anvil called the reconciliation both to friendly audi- master’s Word, for ages skeptic blows have ences who draw encouragement from 20TH ANNIVERSARY OF PRIESTS his messages and to those—especially FOR LIFE beat upon; Yet, though the noise of falling blows was post-abortive women—who suffer and The SPEAKER pro tempore. Under heard, The anvil is unharmed, and the ham- are in deep pain. the Speaker’s announced policy of Jan- mers gone. I have heard Father Pavone chal- uary 5, 2011, the gentlewoman from Father Pavone and others who com- lenge priests to more robustly defend Minnesota (Mrs. BACHMANN) is recog- mand the interest in life understand the sanctity of life, especially in their nized for 35 minutes as the designee of the power of truth, the truth that homilies. In promoting the gospel of the majority leader. comes with the Creator, a Creator who life, he insists no venue should be for- GENERAL LEAVE has designed life itself for good and for saken or ignored. Whether it be from Mrs. BACHMANN. Mr. Speaker, I ask the best interests of all. the pulpit or in the public square, Fa- unanimous consent that all Members In our great document, the Declara- ther Pavone couldn’t be more clear: may have 5 legislative days in which to tion of Independence, it said: Speak out with candor, clarity and

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.162 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5624 CONGRESSIONAL RECORD — HOUSE August 1, 2012 compassion—silence is not an option. dinary organization such as Priests for world. But as a legislator, what has Silence, I’ve heard him say, does a Life who have tried to heal the wound- grieved me deeply is that, for the first woman contemplating abortion no ed and protect those who are most vul- time in the history of health care in favor whatsoever. She needs pro-life nerable is, of course, an extraordinary the United States, Americans are being options, real alternatives presented in cause. forced to choose to either obey the gov- a meaningful way. She needs under- Mr. Speaker, as my colleagues and I ernment or violate their personal con- standing and genuine support. And oth- gather on the floor, I am going to turn victions. Buried in the President’s 2010 ers who might help her need to know the subject to another matter because health care law was a provision empow- that their willingness to assist might we are marking what could possibly be ering the Secretary of Health and be the difference between life and considered one of the most significant Human Services, Kathleen Sebelius, to death. turning points in the history of our Na- issue rules on preventative services. In like matter, Father Pavone and tion. But it is not a cause for celebra- b 2140 Executive Director Janet Morana are tion. unceasing in their efforts to tangibly In America, where we have a legacy Who could have predicted that she aid post-abortive women who often suf- of principle that undergirds our Nation would use her authority, sanctioned by fer not only physical damage from and makes it possible to create pros- President Obama, to force everyone to abortion but lifelong negative emo- perity—not just material means, but a purchase drugs and procedures—includ- tional, psychological, and spiritual flourishing of the potential of each per- ing abortion-inducing drugs—that vio- consequences. The Silent No More son—where does that principle come late the fundamental ethical sensibili- Awareness Campaign provides a safe from? Well, we’ve all heard the line ties of many Americans. place for women who have had abor- from the earliest of our founding docu- No American should be forced to tions to grieve and find peace. ments, the Declaration of Independ- choose between their conscience and Amazingly, Father Pavone also ence, which goes like this: their livelihood. No American should be forced to stand for their deeply held, steadfastly reaches out to the actual We hold these truths to be self-evident, purveyors of death in the abortion in- that all men are created equal, that they are reasoned beliefs, or stand convicted by dustry. This good priest sees not just endowed by their Creator with certain government coercion. No American the abortionist and their enablers com- unalienable rights, that among these are life, should be forced to choose between mitting violence against women and liberty and the pursuit of happiness. their faith and their job. This is wrong. babies, but what might be if we genu- This is the operative philosophical It is a false choice. It is unjust. It is inely care about their souls. Father paradigm of our culture, so much so we unnecessary. It is un-American, and it Pavone reminds us that we are to pray don’t even think about it—that our is an affront to the very purpose of our for them, care for them, all while tena- rights are not conferred by a king or a government derived from the consent ciously opposing the deeds that they government. They are inherent, based of the governed. do. upon the dignity of each person. America owes its unique character Abby Johnson, a woman who ran a And as we worked this out in the and strength to empowering, pro- Planned Parenthood abortion clinic for early stages of our development of our tecting, and upholding the inalienable 8 years in Texas, said of Father country, we wrote a Constitution rights of her citizens. Health care Pavone: which basically did one thing: It de- should be about the common good, car- Father Frank Pavone has been a staple in fined power, and it defined power as ing for the sick, and healing the my house for many years, even during my coming from the consent of the govern- wounded. Health care policy should not Planned Parenthood years. Every week, I ment, consistent with our operative be a vehicle to drive divisive ideology, would record and watch Defending Life on philosophical paradigm of the inherent forcing Americans to violate deeply EWTN. I enjoyed watching him, even if I dis- dignity and rights and responsibilities held beliefs. The Health and Human agreed. I loved how outspoken he was and of each individual person. Services mandate violates the funda- how he didn’t seem to live in the gray. You mental principle of religious liberty know, everything seemed black-and-white Beyond that, the consent of the gov- for him. Right and wrong was clear. erned turns that power over to rep- and the rights of conscience so dear to I remember watching him during the Terri resentatives who then make prudential this country. America owes its unique Schiavo tragedy. I was drawn to his gentle judgments about what is in the com- character and strength to empowering, spirit. I had seen two sides to him—or was it? mon good. We make the law and are protecting, and upholding those rights One side was so unabashedly, held accountable by the people in elec- of her citizens. unapologetically, and passionately against tions. Mr. Speaker, Karen McGiveny- abortion. The other was a man who had an Llechtl, one of my constituents, sent incredibly compassionate heart and a kind We then spread that power out. We spirit. This was the man who was helping a developed three branches of govern- me this email: family grieve the loss of their daughter. But ment: the Congress makes the law; the As a woman’s health practitioner and a now I see they are the same. Father Frank is President enforces the law; and the ju- Catholic, I need the ability to stay within for life, all life. His compassion for life fuels diciary interprets the law in order that my faith boundaries. I would be unable to his passion. we have even more balance of power to work if I was required to provide the services this mandate has imposed. Mr. Speaker, Priests for Life turns ensure that it is not abused. 20, doing best what it has done so faith- But then we took it a step further. Indeed, it is sad that the Health and fully, defending the least of these as if There were still concerns that we had Human Services ruling seems most per- it were the Lord, Himself. defined where power is coming from— niciously targeted at faith-based pro- Mrs. BACHMANN. I thank you, Mr. from the natural inherent dignity of viders who are the backstop of compas- SMITH, for your important pro-life the person—but we also wanted to de- sionate care for our most vulnerable. voice, and thank you for the years of fine what government must not do, and Throughout our history, the U.S. steadfastness on this issue. And we do so we wrote the Bill of Rights, the first health care service has in large meas- thank Father Pavone and also Priests 10 amendments to the Constitution. ure owed its success to the doctors, for Life. And the First Amendment starts with nurses, and health care providers staff- Now I would like to yield to a won- these words: ing faith-based institutions. These in- stitutions, including hospitals and uni- derful Member from Nebraska, Mr. Congress shall make no law respecting an JEFF FORTENBERRY, an important pro- establishment of religion, or prohibiting the versity clinics and nonprofit health in- life voice here in the United States free exercise thereof; or abridging the free- stitutions, serve the common good of Congress. dom of speech, or of the press, or the right of all Americans. The government should Mr. FORTENBERRY. I thank the the people peaceably to assemble, and to pe- celebrate the contribution of these gentlelady from Minnesota for yield- tition the Government for a redress of griev- faith-based entities, which fulfill the ing, and thank you for your stalwart ances. mission of helping the sick and serving and courageous stand for life tonight. Now, Mr. Speaker, the threats to re- the poor. Without them, we will see re- Women deserve better than abortion, ligious liberty in our country are often duced access to high-quality care, espe- and of course celebrating an extraor- more subtle than in other parts of the cially for vulnerable persons who have

VerDate Mar 15 2010 05:40 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.164 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5625 traditionally relied on these benevo- I thank the gentlelady from Min- Now, it is very difficult to find any lent organizations of civil society. Sev- nesota for her leadership on this impor- national initiative to the pro-life eral health care practitioners have told tant issue, and so many others. movement that either Father Frank me personally that they would choose Mrs. BACHMANN. I thank you, Mr. Pavone or Priests for Life are somehow to leave their professions rather than FORTENBERRY, a father of five. And I’m not deeply involved in. For example, in compromise their beliefs. But undoubt- a mother of five, and so I thank you. February of this year, 2012, Priests for edly, some will not obey the govern- Mr. Speaker, I will give just a few re- Life launched a lawsuit against the ment. And our government has effec- marks on Priests for Life and on their Health and Human Services mandate, tively condemned them. 20th anniversary. Tonight is a very im- which we have heard much about this Another man who was condemned for portant night because, as we know, it evening, that requires job creators to his beliefs had this to say: has been 40 years since the infamous offer health insurance coverage for I submit that an individual that breaks a Roe v. Wade decision removed legal morally objectionable practices. law that conscience tells him is unjust, and protection for those who are unborn, willingly accepts the penalty by staying in the youngest members of our society, b 2150 jail to arouse the conscience of the commu- those who still remain in the womb of This mandate is an enormous affront nity over its injustice, is, in reality, express- ing the very highest respect for the law. their mother. to our First Amendment religious lib- And since that time, numerous erty rights in the United States and it So wrote Dr. Martin Luther King groups have risen up to restore that needs to be stopped, because never be- from the Birmingham jail. protection to the unborn and to edu- The purpose of our government is to fore has this government, Mr. Speaker, cate the public about the issue that we create just structures for societal required a job creator to provide insur- all know as abortion, and to provide order, empowering liberty, beginning ance that includes contraception, abor- compassionate service, both to those with the affirmation of the natural tion-causing pills and sterilization. No who need alternatives to abortion and rights of the person, including the organization, no American, Mr. Speak- those who need healing after abortion. most basic right of conscience. In my er, should have to violate their reli- I stand here today with my col- office, there is a copy of a draft of the gious beliefs because of this President’s leagues in the United States Congress Bill of Rights. The rights of conscience health care dictates. I am a mom to 28 to honor one extremely important in- were initially included in that draft. kids, five natural born children, 23 fos- stitution known as Priests for Life as But by the final version, that right was ter children. I believe with every fiber they celebrate 20 years of advocacy and formalized by the concept of religious in my being that every child matters service to the unborn. As many people freedom, perhaps given that the rights and that we should have a right to life across America know, Priests for Life of conscience were such an ordinarily for every American, because every life is led by Father Frank Pavone. He is understood concept that its fullness did is precious, every life is sacred, and one of the strongest voices for the un- not need provision. James Madison, the every life is made in the image and born throughout the world, as well as architect of the Constitution, wrote likeness of a holy God. Every life mat- for children in America, and he stands that ‘‘conscience is the most sacred of ters. strong because as we know, contrary to all property,’’ linking conscience rights I’m extremely proud to be a part of what its name might suggest, Priests to the foundation of religious liberty. the pro-life movement that is truly a In 1809, Thomas Jefferson stated for Life isn’t just for priests, and it’s voice for the voiceless and to have been that: not just for Catholics. affiliated with Priests for Life and Fa- The work of Priests for Life has en- ther Frank Pavone. As we take note of No provision in our Constitution ought to abled Americans of every walk of life, be dearer to man than that which protects the 20th anniversary of one of the lead- every ethnicity, every faith back- the rights of conscience against the enter- ing pro-life organizations in our Na- ground, every political affiliation, to prises of civil authority. tion, I wish to thank this evening awaken their consciences about the life The Health and Human Services Priests for Life for everything they mandate violates the fundamental issue, to speak up for the unborn. And continue to do to protect and defend principle of religious liberty and rights here’s just a few of the outreach ef- the sanctity of every human life. of conscience so dear to our country. forts, Mr. Speaker, that Priests for Life I would now like to yield to one of No American should be forced to have been involved in. the strongest pro-life voices in the choose between violating their con- Every year, Priests for Life holds State of Texas, well-known and beloved science in order to serve the public. nearly 1,000 retreats across America for to Americans all across this Nation, From the faith-based hospital to the men and women who have lost a child Representative LOUIE GOHMERT. business person providing health care to abortion. Priests for Life also runs Mr. GOHMERT. I thank my friend coverage in their insurance plan to the very important Silent No More from Minnesota, my very, very dear their employees, to the school estab- awareness campaign to mobilize men friend. lished for children with special needs, and women who have lost a child to This is an important day, Priests for no American should be forced to choose abortion but who have gone on to expe- Life marking 20 years. As a Christian, between their faith and their job. rience healing through God and who This is why so many people of good- now want to share their testimony. as a Southern Baptist, it is an honor to will, regardless of their religious tradi- One of the full-time members of pay tribute to the Catholic priests who tions or their political affiliation, con- Priests for Life is a very important have stood strong, stood for life, that sider the Health and Human Services voice in the United States, Dr. Alveda precious one of the trilogy that was set mandate to be a gross affront to the King. I was just with her this last out in the Declaration of Independence. very essence of what it means to be an weekend. Americans know her as the But first life. Only if you have life can American. And all of us must choose niece of Dr. Martin Luther King, Jr. you then go to liberty and have a our response. This is not simply a reli- Alveda heads up the effort to reach the chance at a pursuit of happiness. gious issue. It’s not a Catholic issue. black community with the truth of For those of us who believe the scrip- It’s not an Evangelical issue. It’s an abortion and how it disproportionately ture written in the Old Testament, as American issue. We all have a responsi- impacts unborn black children in the did our founders, most all of them—in bility to decide, informed by our faith, United States. fact a third of the signers of the Dec- what our country means to us, and Priests for Life also sponsors a non- laration of Independence, over a third, what it demands of us in this moment. partisan voter registration drive, fo- were ordained Christian ministers—but Last Friday, there was a Federal cused on saving innocent human life certainly George Washington and even judge who ruled in a court case in this and helping to heal the hurt of men Ben Franklin, even though some his- regard, and I think Federal Judge John and women as they are post-abortive. tory teachers mislead their students Kane in Hercules v. Sebelius got it Through churches, they distribute these days. They all believed in those right. He had this to say: voter guides. They train clergy on scriptures. The government’s interests are countered, what they can do within the limits of When you look at the fall of the and indeed outweighed, by the public inter- the law to foster political responsi- northern kingdom of Israel, it’s a little est in the free exercise of religion. bility. scary, because, as I’ve read, one of the

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AU7.166 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5626 CONGRESSIONAL RECORD — HOUSE August 1, 2012 things that God was angry over was standing? In the beginning contest with Mrs. BLACKBURN. Mr. Speaker, today the that people had fallen into such incred- Great Britain when we were sensible of dan- Obama Administration is following through on ible idol worship that they were willing ger, we had daily prayer in this room. Our their HHS mandate that violates religious free- to sacrifice their own children. That is prayers, sir, were heard and they were gra- ciously answered. dom as today begins the date where the rule so abominable. How could anybody love goes into effect. 24 separate lawsuits across Now that’s not a deist, and it’s some- such idols and idol worship such that the country have been filed representing 76 one who does not believe in the accom- they would sacrifice their own child plaintiffs. modation of a religious value. He be- and allow the taking of their own On Friday, a Carter-appointed judge in Den- child’s life? lieved in religious freedom. Not only that, he believed in the power of prayer ver provided a preliminary injunction against And then I thought about abortion in the HHS mandate to the Newland family, the this country, and we have no room to because in that same speech that we know is his speech, because he wrote it Catholic owners of a HVAC company in Colo- talk. For 20 years, Priests for Life have rado. This case, led by Alliance Defending known that, and they have stood firm out in his own hand, he says: I have lived, sir, a long time, and the Freedom, is a welcomed initial victory for reli- that the most essential right of our gious freedom. We will need the courts or the Creator is life, and you can’t get to lib- longer I live the more convincing proofs I see of this truth: God governs in the affairs of Congress to reverse this tragic disregard for erty until you start with life. American’s First Amendment right to freedom And then the irony of all ironies, men. And if a sparrow cannot fall to the ground without His notice, is it possible that of religion without government interference. today, the first day that the Catholic an empire could rise without His aid? Protecting the First Amendment has to be church and really all of us who are Ben Franklin said: Christians, all of us who believe in free- our First priority. The first words of the First We have been assured, sir, in the sacred Amendment read: ‘‘Congress shall make no dom of religion, all of us that in fact writing— actually believe the Constitution law respecting an establishment of religion, or Not that we’re accommodating, but means what it says have been slapped prohibiting the free exercise thereof. . . .’’ that we believe in— down by this administration. Regard- What happened to the promise that ‘‘if you We’ve been assured in the sacred writing like the health care you have you can keep less of what the Supreme Court says, that unless the Lord build it, they labor in the First Amendment makes clear, as vain that build it. I firmly believe this. I also it?’’ my friend from Nebraska (Mr. FORTEN- believe without His, God’s, concurring aid, The radical mandate makes it so religious- BERRY) says: we will succeed in our political building no based institutions are forced to defy a Higher Congress shall make no law respecting an better than the builders of Babel. Order at the will of a Goverment Order. Reli- establishment of religion or prohibiting the Now, here we are over 200 years later gious liberty is a sacred and fundamental free exercise thereof. trying to accommodate what Ben right. It’s central to who we are as a country, Or prohibiting the free exercise Franklin said that stirred the hearts of a country founded by people who fled Europe thereof. those and even stirred Randolph to say, for their religious beliefs. And we have friends, Christian You know what: Let’s take a break. If President Obama does not reverse his ad- friends, who believe with all their Let’s go listen to a preacher preach the heart it is a right to practice their reli- ministration’s attack on religious freedom, word all together as a constitutional Congress, led by the People’s House, will do gion, and they have these religious be- convention and then come back. And liefs, and this administration has de- it for him. they did and they came back with a People who go to church on Sunday and meaned them to the point that it new spirit and they gave us a Constitu- would release a quote as was pointed who put money in an offering plate shouldn’t tion that this administration is now have to worry that their donations will go to out by Amy Payne with the Heritage trodding and trampling upon. Foundation today, when quoting the pay for things that they don’t believe in their God, the God of which Ben Franklin hearts to be good. Health and Human Services Depart- spoke, without whom we will succeed ment: in our political building no better than The House is going to address this matter The Obama administration will continue the builders of Babel, is now being told fairly and deliberately, through the appropriate to work with all employers to give them the by this administration that they’ll ac- legislative channels in the House Energy & flexibility and resources they need to imple- Commerce Committee. ment the health care law in a way that pro- commodate as best they can, but make tects women’s health while making common- no mistake, they’re trampling on the The rule announced by the Obama Adminis- sense accommodations for values like reli- rights that Priests for Life have been tration’s Department of Health & Human Serv- gious liberty. preaching about for 20 years. ices would require faith-based employers—in- Values nothing. It’s a constitutional I thank my friend for yielding. cluding Catholic charities, schools, univer- right that this administration is Mrs. BACHMANN. I thank our friend sities, and hospitals—to provide services they trodding on and trampling and stomp- from Texas. consider immoral. Those services include ster- ing on. And if it will take this right, I just want to say, we’ve had so many ilization, abortion-inducing drugs and devices, what’s next? Can Jews not worship on Members of Congress that wanted to be and contraception (FDA approved items). the Sabbath because it’s inconvenient? down here on the floor this evening and The effect is government crowding out reli- But maybe this administration will there was only so much time. gious-based institutions. Government is using help try to accommodate that value. I would like to thank also Congress- raw political force to impose a government Or how about communion? Maybe woman BLACK of Tennessee, Congress- view on society where religious institutions are this administration will find at some man HUELSKAMP of Kansas, Congress- not welcome to serve or practice their faith point it’s really not healthy, and so man LANKFORD of Oklahoma, Congress- freely. It is government forcing private and reli- they’ll try to accommodate the reli- woman BLACKBURN of Tennessee. Also, gious institutions off the public square. They’re gious conviction, the freedom of reli- I want to thank Congressman TRENT forcing resources off the table that serve the gion, as a value. They’ll try to work FRANKS of Arizona. We had many in ad- public good. Since when was that a good with people who believe this to the dition to the Members that we have idea? core of their hearts. heard from this evening: Congressman You go back to the founding. We FORTENBERRY of Nebraska, Congress- f didn’t even have a Constitution. Ben man WALBERG of Michigan, and Con- Franklin sat for 5 weeks, virtually, lis- gresswoman SCHMIDT of Ohio, in addi- PUBLICATION OF BUDGETARY tening to all the rancor back and forth. tion to Congressman SMITH of New Jer- MATERIAL He finally rises, 80 years old, gout, sey. I want to thank them, Congress- trouble getting up, overweight, a cou- man GOHMERT of Texas, and so many REVISIONS TO THE AGGREGATES AND ALLOCA- ple of years or so from meeting his other pro-life Members of Congress. TIONS OF THE FISCAL YEAR 2012 AND 2013 BUDG- ET RESOLUTIONS Judge, and he points out, We’ve been This is an important night. We thank going for nearly 5 weeks. We’ve got Priests for Life for 20 years of standing Mr. RYAN of Wisconsin. Mr. Speaker, pur- more noes than ayes on virtually ev- firm for the cause of the unborn. We suant to section 404 of H. Con. Res 34, the erything, and he asks: will get there yet. Thank you, Father House-passed budget resolution for fiscal year How has it happened, sir, that we’ve not Frank. 2012, deemed to be in force by H. Res. 287, once thought of humbly applying to the Fa- Mr. Speaker, I yield back the balance and sections 503 of H. Con. Res. 112, the ther of Lights to illuminate our under- of my time. House-passed budget resolution for fiscal year

VerDate Mar 15 2010 06:37 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00100 Fmt 4634 Sfmt 9920 E:\CR\FM\K01AU7.168 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5627 2013, deemed to be in force by H. Res. 614 cations included in the budget resolutions, pur- BUDGET AGGREGATES—Continued and H. Res. 643, I hereby submit for printing suant to sections 101 of H. Con. Res. 34 and [On-budget amounts, in millions of dollars] in the CONGRESSIONAL RECORD revisions to H. Con. Res. 112. the budget allocations and aggregates. The Fiscal year revision reflects the budgetary impact of H.R. BUDGET AGGREGATES 2012 2013 2013–2022 8, the Job Protection and Recession Preven- [On-budget amounts, in millions of dollars] Revised Aggregates: tion Act of 2012, which would extend for one Budget Authority ...... 2,858,503 2,793,848 2 Fiscal year Outlays ...... 2,947,662 2,891,589 2 year through 2013, certain tax policies en- Revenues ...... 1,890,365 2,065,389 32,089,361 acted in 2001, 2003, and 2010 and would pro- 2012 2013 2013–2022 1 vide relief from the Alternative Minimum Tax. Sections 407 and 506 of H. Con. Res. 34 and H. Con. Res. 112, respec- Current Aggregates:1 tively, stipulate that adjustments to allocations and aggregates shall apply A corresponding table is attached. Budget Authority ...... 2,858,503 2,793,848 2 while the measure is under consideration and take effect upon enactment of 2 that measure. The current aggregates reflect the original budget resolution This revision represents an adjustment pur- Outlays ...... 2,947,662 2,891,589 levels adjusted only for those measures, which were provided an adjustment suant to sections 302 and 311 of the Congres- Revenues ...... 1,890,365 2,293,339 32,472,564 during consideration and that have been enacted into law. At present, the The Job Protection & Re- original aggregates in H. Con. Res.34 have been adjusted by ¥$42 million sional Budget Act of 1974, as amended cession Prevention Act for budget authority; ¥$254 million for outlays and ¥$1,046 million for (Budget Act). For the purposes of the Budget of 2012 (H.R. 8): revenues for measures enacted into law. No adjustments to the aggregates Budget Authority ...... 0 0 2 in H. Con. Res.112 have been enacted into law. Act, these revised aggregates and allocations Outlays ...... 0 0 2 2 Not applicable because annual appropriations acts for fiscal years 2013 are to be considered as aggregates and allo- Revenues ...... 0 ¥227,950 ¥383,203 through 2022 will not be considered until future sessions of Congress. DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES [Fiscal Years, in millions of dollars]

2012 2013 2013–2022 Total House Committee on Ways and Means Budget au- Budget au- Budget au- thority Outlays thority Outlays thority Outlays

Current allocation: ...... 1,030,960 1,031,280 985,036 982,582 11,683,572 11,672,931 Changes for the Job Protection and Recession Prevention Act of 2012 (H.R. 8) ...... 0 0 0 0 +19,561 +19,561 Revised Allocation: ...... 1,030,960 1,031,280 985,036 982,582 11,703,133 11,692,492

SENATE ENROLLED BILLS SIGNED 7154. A letter from the Assistant Secretary, 7160. A letter from the Program Analyst, Legislative Affairs, Department of State, The Speaker announced his signature Department of Transportation, transmitting transmitting the Department’s Seventh An- the Department’s final rule — Airworthiness to enrolled bills of the Senate of the nual No FEAR Report to Congress for Fiscal Directives; The Boeing Company Airplanes following titles: Year 2011; to the Committee on Oversight [Docket No.: FAA-2011-0991; Directorate S. 679. An act to reduce the number of ex- and Government Reform. Identifier 2010-NM-134-AD; Amendment 39- ecutive positions subject to Senate con- 7155. A letter from the Acting Director, Of- 17110; AD 2012-13-08] (RIN: 2120-AA64) received firmation. fice of Sustainable Fisheries, NMFS, Na- July 20, 2012, pursuant to 5 U.S.C. S. 1959. An act to require a report on the tional Oceanic and Atmospheric Administra- 801(a)(1)(A); to the Committee on Transpor- designation of the Haqqani Network as a for- tion, transmitting the Administration’s final tation and Infrastructure. eign terrorist organization and for other pur- rule — Fisheries of the Exclusive Economic 7161. A letter from the Program Analyst, poses. Zone Off Alaska; Atka Mackerel in the Ber- Department of Transportation, transmitting f ing Sea and Aleutian Islands Management the Department’s final rule — Airworthiness Area [Docket No.: 111213751-2120-02] (RIN: Directives; Airbus Airplanes [Docket No.: ADJOURNMENT 0648-XC083) received July 20, 2012, pursuant FAA-2012-0040; Directorate Identifier 2011- Mrs. BACHMANN. Mr. Speaker, I to 5 U.S.C. 801(a)(1)(A); to the Committee on NM-121-AD; Amendment 39-17108; AD 2012-13- Natural Resources. 06] (RIN: 2120-AA64) received July 20, 2012, move that the House do now adjourn. 7156. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- The motion was agreed to; accord- Department of Transportation, transmitting mittee on Transportation and Infrastruc- ingly (at 10 p.m.), under its previous the Department’s final rule — Airworthiness ture. order, the House adjourned until to- Directives; Bell Helicopter Textron Canada, 7162. A letter from the Program Analyst, morrow, Thursday, August 2, 2012, at 9 Limited, Helicopters [Docket No.: FAA-2012- Department of Transportation, transmitting 0087; Directorate Identifier 2011-SW-029-AD; a.m. the Department’s final rule — Airworthiness Amendment 39-17091; AD 2012-12-11] (RIN: f Directives; The Boeing Company Airplanes 2120-AA64) received July 20, 2012, pursuant to [Docket No.: FAA-2010-1115; Directorate EXECUTIVE COMMUNICATIONS, 5 U.S.C. 801(a)(1)(A); to the Committee on Identifier 2010-NM-221-AD; Amendment 39- ETC. Transportation and Infrastructure. 7157. A letter from the Program Analyst, 17111; AD 2012-13-09] (RIN: 2120-AA64) received Under clause 2 of rule XIV, executive Department of Transportation, transmitting July 20, 2012, pursuant to 5 U.S.C. communications were taken from the the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- Speaker’s table and referred as follows: Directives; Agusta S.p.A. Helicopters [Dock- tation and Infrastructure. 7150. A letter from the Chairman, Board of et No.: FAA-2012-0600; Directorate Identifier 7163. A letter from the Program Analyst, Governors of the Federal Reserve System, 2012-SW-017-AD; Amendment 39-17076; AD Department of Transportation, transmitting transmitting the Board’s semiannual Mone- 2012-11-12] (RIN: 2120-AA64) received July 20, the Department’s final rule — Airworthiness tary Policy Report pursuant to Pub. L. 106- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; The Boeing Company Airplanes 569; to the Committee on Financial Services. Committee on Transportation and Infra- [Docket No.: FAA-2012-0673; Directorate 7151. A letter from the Assistant Secretary, structure. Identifier 2012-NM-091-AD; Amendment 39- Legislative Affairs, Department of State, 7158. A letter from the Program Analyst, 17109; AD 2012-13-07] (RIN: 2120-AA64) received transmitting notification of a possible unau- Department of Transportation, transmitting July 20, 2012, pursuant to 5 U.S.C. thorized transfer of U.S.-origin defense arti- the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- cles pursuant to Section 3(e) of the Arms Ex- Directives; Enstrom Helicopter Corporation tation and Infrastructure. port Control Act (AECA); to the Committee Helicopters [Docket No.: FAA-2012-0562; Di- 7164. A letter from the Program Analyst, on Foreign Affairs. rectorate Identifier 2012-SW-038-AD; Amend- Department of Transportation, transmitting 7152. A letter from the Chairman, Council ment 39-17068; AD 2012-11-05] (RIN: 2120-AA64) the Department’s final rule — Airworthiness of the District of Columbia, transmitting received July 20, 2012, pursuant to 5 U.S.C. Directives; Empresa Brasileira de Transmittal of D.C. ACT 19-400, ‘‘Heat Wave 801(a)(1)(A); to the Committee on Transpor- Aeronautica S.A. (EMBRAER) Model Air- Safety Temporary Amendment Act of 2012’’; tation and Infrastructure. planes [Docket No.: FAA-2012-0441; Direc- to the Committee on Oversight and Govern- 7159. A letter from the Program Analyst, torate Identifier 2012-CE-011-AD; Amendment ment Reform. Department of Transportation, transmitting 39-17106; AD 2012-13-04] (RIN: 2120-AA64) re- 7153. A letter from the Chairman, Council the Department’s final rule — Airworthiness ceived July 20, 2012, pursuant to 5 U.S.C. of the District of Columbia, transmitting Directives; The Boeing Company Airplanes 801(a)(1)(A); to the Committee on Transpor- Transmittal of D.C. ACT 19-399, ‘‘Walter [Docket No.: FAA-2011-0645; Directorate tation and Infrastructure. Reed Army Medical Center Base Realign- Identifier 2010-NM-009-AD; Amendment 39- 7165. A letter from the Chairman, Inter- ment and Closure Homeless Assistance Sub- 17052; AD 2012-10-03] (RIN: 2120-AA64) received national Trade Commission, transmitting mission Approval Act of 2012’’; to the Com- July 20, 2012, pursuant to 5 U.S.C. the Commission’s report entitiled, ‘‘The mittee on Oversight and Government Re- 801(a)(1)(A); to the Committee on Transpor- Year in Trade 2011’’; to the Committee on form. tation and Infrastructure. Ways and Means.

VerDate Mar 15 2010 06:48 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\A01AU7.088 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE H5628 CONGRESSIONAL RECORD — HOUSE August 1, 2012 7166. A letter from the Chairman and Vice- mined by the Speaker, in each case for con- Services, and in addition to the Committee Chairman, U.S.-China Economic and Secu- sideration of such provisions as fall within on Transportation and Infrastructure, for a rity Review Commission, transmitting noti- the jurisdiction of the committee concerned. period to be subsequently determined by the fication of a public hearing held on ‘‘The By Mr. HASTINGS of Washington: Speaker, in each case for consideration of Evolving U.S.-China Trade and Investment H.R. 6247. A bill to protect the Federal Co- such provisions as fall within the jurisdic- Relationship’’; jointly to the Committees on lumbia River Power System, Power Mar- tion of the committee concerned. Ways and Means, Armed Services, and For- keting Administration customers, and Bu- By Mr. CARNAHAN (for himself and eign Affairs. reau of Reclamation dams and other facili- Mr. LATOURETTE): ties and to promote new Federal and other H.R. 6254. A bill to amend the National f hydropower generation; to the Committee on Dam Safety Program Act to establish a pro- REPORTS OF COMMITTEES ON Natural Resources, and in addition to the gram to provide grant assistance to States PUBLIC BILLS AND RESOLUTIONS Committee on Energy and Commerce, for a for the rehabilitation and repair of deficient period to be subsequently determined by the dams; to the Committee on Transportation Under clause 2 of rule XIII, reports of Speaker, in each case for consideration of and Infrastructure. committees were delivered to the Clerk such provisions as fall within the jurisdic- By Mr. CARNAHAN (for himself, Mr. for printing and reference to the proper tion of the committee concerned. BERMAN, Ms. SCHAKOWSKY, Mr. VAN calendar, as follows: By Mr. CALVERT (for himself, Ms. HOLLEN, Ms. EDDIE BERNICE JOHNSON Mr. BONNER: Committee on Ethics. In the CHU, Mr. BILBRAY, Mr. GOSAR, Mr. of Texas, Ms. TSONGAS, Mrs. MALO- Matter of Allegations Relating to Represent- LEWIS of California, Ms. MCCOLLUM, NEY, Ms. SPEIER, Mr. MURPHY of Con- ative Laura Richardson (Rept. 112–642). Re- Mr. HINOJOSA, Mr. GARY G. MILLER of necticut, Mr. MORAN, Mr. CONYERS, ferred to the House Calendar. California, Mr. MCCAUL, Mr. SCHIFF, Mr. MCGOVERN, Ms. PINGREE of Mr. MICA: Committee on Transportation Mr. GALLEGLY, Mrs. BONO MACK, Mr. Maine, and Ms. LEE of California): H.R. 6255. A bill to ensure that the United and Infrastructure. H.R. 3158. a bill to direct ISSA, and Mr. CAMPBELL): States promotes women’s meaningful inclu- the Administrator of the Environmental H.R. 6248. A bill to provide for the transfer sion and participation in mediation and ne- Protection Agency to change the Spill Pre- of excess Department of Defense aircraft to gotiation processes undertaken in order to vention, Control, and Countermeasure rule the Forest Service for wildfire suppression prevent, mitigate, or resolve violent conflict with respect to certain farms (Rept. 112–643). activities, and for other purposes; to the and implements the United States National Referred to the Committee of the Whole Committee on Armed Services, and in addi- Action Plan on Women, Peace, and Security; House on the state of the Union. tion to the Committees on Agriculture, and to the Committee on Foreign Affairs, and in Ms. FOXX: Committee on Rules. House Oversight and Government Reform, for a pe- addition to the Committee on Armed Serv- Resolution 752. Resolution providing for con- riod to be subsequently determined by the ices, for a period to be subsequently deter- sideration of the bill (H.R. 6233) to make sup- Speaker, in each case for consideration of mined by the Speaker, in each case for con- plemental agricultural disaster assistance such provisions as fall within the jurisdic- sideration of such provisions as fall within available for fiscal year 2012 with the costs of tion of the committee concerned. the jurisdiction of the committee concerned. such assistance offset by changes to certain By Mr. BLUMENAUER: H.R. 6249. A bill to establish a Water Pro- By Mr. CARSON of Indiana (for him- conservation programs, and for other pur- tection and Reinvestment Fund to support self, Mr. STARK, Ms. RICHARDSON, Ms. poses (Rept. 112–644). Referred to the House investments in clean water infrastructure, LEE of California, Mr. CUMMINGS, Ms. Calendar. and for other purposes; to the Committee on JACKSON LEE of Texas, Ms. NORTON, f Transportation and Infrastructure, and in Ms. MOORE, Mr. KUCINICH, and Ms. PUBLIC BILLS AND RESOLUTIONS addition to the Committees on Ways and EDWARDS): Means, and Science, Space, and Technology, H.R. 6256. A bill to ensure prompt access to Under clause 2 of rule XII, public for a period to be subsequently determined Supplemental Security Income, Social Secu- bills and resolutions of the following by the Speaker, in each case for consider- rity disability, and Medicaid benefits for per- titles were introduced and severally re- ation of such provisions as fall within the ju- sons released from certain public institu- ferred, as follows: risdiction of the committee concerned. tions; to the Committee on Ways and Means, By Mr. FARENTHOLD: and in addition to the Committee on Energy By Mrs. HARTZLER (for herself, Mr. H.R. 6250. A bill to amend the Internal Rev- and Commerce, for a period to be subse- GRAVES of Missouri, Ms. JENKINS, Mr. enue Code of 1986 to exclude from gross in- quently determined by the Speaker, in each LANKFORD, Mr. COLE, Mr. AKIN, and come any prizes or awards won in competi- case for consideration of such provisions as Mr. SHIMKUS): tion in the Olympic Games; to the Com- fall within the jurisdiction of the committee H.R. 6244. A bill to amend the Federal mittee on Ways and Means. concerned. Power Act to permit States to prohibit the By Ms. BONAMICI (for herself, Ms. By Mr. CLAY (for himself, Mrs. Federal Energy Regulatory Commission HERRERA BEUTLER, Mr. SCHRADER, CHRISTENSEN, Ms. BASS of California, from enforcing certain requirements of a li- Mr. MCDERMOTT, Mr. DEFAZIO, Mr. Mr. CLEAVER, Mr. TOWNS, Ms. LEE of cense, and for other purposes; to the Com- LARSEN of Washington, Mr. HONDA, California, Mr. HASTINGS of Florida, mittee on Energy and Commerce. Mr. BLUMENAUER, Mr. THOMPSON of Mr. RANGEL, Mr. JOHNSON of Georgia, By Mr. DEFAZIO (for himself and Mr. California, Ms. CHU, Ms. SPEIER, Mr. Ms. EDDIE BERNICE JOHNSON of Texas, CHAFFETZ): SMITH of Washington, Mr. DICKS, Ms. Mr. DAVIS of Illinois, Mr. CONYERS, H.R. 6245. A bill to amend chapter 29 of WOOLSEY, Mr. GEORGE MILLER of Ms. CLARKE of New York, Mr. title 35, United States Code, to provide for California, Ms. HAHN, Mr. WALDEN, BUTTERFIELD, Mr. AL GREEN of Texas, the recovery of computer hardware and soft- and Mr. STARK): Mr. REYES, Mr. THOMPSON of Mis- ware patent litigation costs in cases where H.R. 6251. A bill to amend the Marine De- sissippi, Mr. WATT, Mr. SCOTT of Vir- the court finds the claimant did not have a bris Research, Prevention, and Reduction ginia, Ms. FUDGE, Ms. MOORE, Ms. reasonable likelihood of succeeding, and for Act to establish an expedited award process WILSON of Florida, Ms. RICHARDSON, other purposes; to the Committee on the Ju- for grants to address marine debris emer- Ms. EDWARDS, Ms. WATERS, Ms. diciary. gencies, and for other purposes; to the Com- BROWN of Florida, Mr. RUSH, Ms. By Mr. JOHNSON of Georgia (for him- mittee on Transportation and Infrastruc- JACKSON LEE of Texas, Ms. NORTON, self, Mr. HOLT, Ms. WILSON of Flor- ture, and in addition to the Committee on Mr. MEEKS, Mr. FILNER, and Mr. ida, Mr. HINCHEY, Mr. CONYERS, Mr. Natural Resources, for a period to be subse- FATTAH): CLYBURN, Ms. FUDGE, Ms. EDWARDS, quently determined by the Speaker, in each H.R. 6257. A bill to require the Secretary of Mr. BARTLETT, and Mr. VAN HOLLEN): case for consideration of such provisions as the Interior to conduct a special resource H.R. 6246. A bill to amend the Help Amer- fall within the jurisdiction of the committee study regarding the proposed United States ica Vote Act of 2002 to require the deposit in concerned. Civil Rights Trail, and for other purposes; to the National Software Reference Library of By Mrs. BONO MACK (for herself and the Committee on Natural Resources. the National Institute of Standards and Mr. BUTTERFIELD): By Ms. DEGETTE (for herself, Ms. Technology of a copy of any election-dedi- H.R. 6252. A bill to amend the Internal Rev- SCHAKOWSKY, and Ms. CASTOR of Flor- cated voting system technology used in the enue Code of 1986 to exclude from gross in- ida): operation of a voting system for an election come any prizes or awards won in competi- H.R. 6258. A bill to amend title XIX of the for Federal office, to establish the conditions tion in the Olympic Games; to the Com- Social Security Act to provide medical as- under which the Director of the National In- mittee on Ways and Means. sistance to uninsured newborns under the stitute of Standards and Technology may By Ms. RICHARDSON: Medicaid program; to the Committee on En- disclose the technology and information re- H.R. 6253. A bill to authorize the Maritime ergy and Commerce. garding the technology to other persons, and Administrator to make grants to States or By Mr. DEUTCH: for other purposes; to the Committee on port authorities to cover the cost of repair H.R. 6259. A bill to amend the Federal Elec- House Administration, and in addition to the and construction activities relating to cer- tion Campaign Act of 1971 to require the Fed- Committee on Science, Space, and Tech- tain commercial strategic seaports, and for eral Election Commission to establish and nology, for a period to be subsequently deter- other purposes; to the Committee on Armed operate a website through which members of

VerDate Mar 15 2010 06:48 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\L01AU7.000 H01AUPT1 smartinez on DSK6SPTVN1PROD with HOUSE August 1, 2012 CONGRESSIONAL RECORD — HOUSE H5629 the public may view the contents of certain certain veterans while they have disability tives, the following statements are sub- political advertisements, to require the claims pending under title 38 of the United mitted regarding the specific powers sponsors of such advertisements to furnish States Code; to the Committee on Agri- granted to Congress in the Constitu- the contents of the advertisements to the culture. tion to enact the accompanying bill or Commission, and for other purposes; to the By Ms. SPEIER: Committee on House Administration. H.R. 6270. A bill to amend the Federal Crop joint resolution. By Ms. ESHOO: Insurance Act to require annual disclosure of By Mrs. HARTZLER: H.R. 6260. A bill to designate the facility of crop insurance premium subsidies in the pub- H.R. 6244. the United States Postal Service located at lic interest; to the Committee on Agri- Congress has the power to enact this legis- 211 Hope Street in Mountain View, Cali- culture. lation pursuant to the following: fornia, as the ‘‘Lieutenant Kenneth M. By Mr. TIPTON: Article I: Section 8: Clause 3 The United Ballard Memorial Post Office’’; to the Com- H.R. 6271. A bill to amend the Internal Rev- States Congress shall have power mittee on Oversight and Government Re- enue Code of 1986 to exclude certain farmland ‘‘To regulate Commerce with foreign Na- form. and family-owned business interests from tions, and among the several States, and By Mr. GOHMERT (for himself, Mr. the value of the gross estate of decedents; to with the Indian Tribes.’’ MULVANEY, Mr. CHABOT, Mr. LAM- the Committee on Ways and Means. By Mr. DEFAZIO: BORN, Mr. POSEY, Mr. FLEMING, Mr. By Ms. ROS-LEHTINEN: H.R. 6245. BRADY of Texas, Mrs. LUMMIS, Mr. H. Res. 750. A resolution providing for the Congress has the power to enact this legis- KELLY, Mr. FRANKS of Arizona, Mr. concurrence by the House in the Senate lation pursuant to the following: HARRIS, Mr. DUNCAN of South Caro- amendment to H.R. 1905, with an amend- Article 1, Section 8: lina, and Mr. LABRADOR): ment; considered and agreed to. considered To promote the Progress of Science and H.R. 6261. A bill to amend title 37, United and agreed to. useful Arts, by securing for limited Times to States Code, to provide for the continuance By Mr. SCOTT of South Carolina: Authors and Inventors the exclusive Right to of pay and allowances for members of the H. Res. 751. A resolution electing a Member their respective Writings and Discoveries; Armed Forces, including reserve components to a certain standing committee of the To constitute Tribunals inferior to the Su- thereof, during lapses in appropriations; to House of Representatives; considered and preme Court; the Committee on Armed Services. agreed to. considered and agreed to. By Mr. JOHNSON of Georgia: By Mr. LOEBSACK (for himself, Mr. By Mr. MEEKS: H.R. 6246. BOSWELL, and Mr. GARAMENDI): H. Res. 753. A resolution recognizing that Congress has the power to enact this legis- H.R. 6262. A bill to amend the Internal Rev- the occurrence of prostate cancer in African- lation pursuant to the following: enue Code of 1986 to provide tax relief to American men has reached epidemic propor- Article I, Section 4, Clause 1 of the United middle-class families, small businesses, and tions and urging Federal agencies to address States Constitution. This provision permits family farms; to the Committee on Ways and that health crisis by supporting education, Congress to make or alter the regulations Means. awareness outreach, and research specifi- pertaining to Federal elections. By Mrs. MALONEY (for herself, Mr. cally focused on how prostate cancer affects By Mr. HASTINGS of Washington: HONDA, and Mr. RANGEL): African-American men; to the Committee on H.R. 6247. H.R. 6263. A bill to establish a commission Energy and Commerce. Congress has the power to enact this legis- to study how Federal laws and policies affect By Mr. PETERSON: lation pursuant to the following: United States citizens living in foreign coun- H. Res. 754. A resolution expressing support Article IV, Section 3, clause 2; Article I, tries; to the Committee on Oversight and for the designation of the third week in Oc- Section 8, clause 18; and Article I, Section 8, Government Reform, and in addition to the tober as National School Bus Safety Week; Clause 3. Committees on Financial Services, Ways and to the Committee on Education and the By Mr. CALVERT: Means, the Judiciary, House Administration, Workforce. H.R. 6248. Energy and Commerce, and Education and f Congress has the power to enact this legis- the Workforce, for a period to be subse- lation pursuant to the following: quently determined by the Speaker, in each MEMORIALS Article I, Section 8 of the United States case for consideration of such provisions as Under clause 4 of rule XXII, memo- Constitution, specifically Clause 1 and fall within the jurisdiction of the committee Clause 18, and Article IV, Section 3, Clause 2. concerned. rials were presented and referred as fol- lows: By Mr. BLUMENAUER: By Mrs. MYRICK (for herself and Mr. H.R. 6249. LATOURETTE): 257. The SPEAKER presented a memorial Congress has the power to enact this legis- H.R. 6264. A bill to authorize a pilot pro- of the House of Representatives of the State lation pursuant to the following: gram for Federal agencies to enter into con- of Michigan, relative to House Resolution The Constitution of the United States pro- tracts with the private sector for property No. 161 memorializing the Congress to ex- vides clear authority for Congress to pass management, and for other purposes; to the plore funding opportunities for the Individ- legislation regarding taxes. In particular, Committee on Transportation and Infra- uals with Disabilities Education Act; to the Article I of the Constitution clearly de- structure, and in addition to the Committee Committee on Education and the Workforce. scribes the Congressional authority to levy on Oversight and Government Reform, for a 258. Also, a memorial of the Joint Interim excise taxes, providing ‘‘The Congress shall period to be subsequently determined by the Committee on Energy of the General Assem- have Power to lay and collect Taxes, Duties, Speaker, in each case for consideration of bly of the State of Arkansas, relative to In- Imposts and Excises . . .’’ (U.S. Const, Art. I, such provisions as fall within the jurisdic- terim Resolution 2011-008 urging the Admin- § 8, cl. I). tion of the committee concerned. istration and the Congress to enable the con- By Mr. FARENTHOLD: By Mr. RANGEL: struction of one or more centralized interim H.R. 6250. H.R. 6265. A bill to renew and modify the fuel storage facilities; to the Committee on Congress has the power to enact this legis- temporary duty suspensions on certain cot- Energy and Commerce. lation pursuant to the following: ton shirting fabrics; to the Committee on 259. Also, a memorial of the Senate of the Art 1 § 8 cl.1 Ways and Means. State of Maine, relative to Senate Joint Res- By Ms. BONAMICI: By Mr. RUNYAN: olution requesting the President and the H.R. 6251. H.R. 6266. A bill to amend title 10, United Congress to restore proper funding under the Congress has the power to enact this legis- States Code, to limit increases in the certain federal Clean Water Act; to the Committee costs of health care services under the health lation pursuant to the following: on Transportation and Infrastructure. Article I, Section 8 of the US Constitution. care programs of the Department of Defense, 260. Also, a memorial of the Senate of the By Mrs. BONO MACK: and for other purposes; to the Committee on State of Maine, relative to Senate Joint Res- H.R. 6252. Armed Services. olution urging the President and the Con- Congress has the power to enact this legis- By Mr. SCHOCK (for himself, Ms. JEN- gress to work together to enact the Social lation pursuant to the following: KINS, and Mr. POE of Texas): Security Fairness Act of 2011; to the Com- Congress has the power to enact this legis- H.R. 6267. A bill to amend the Internal Rev- mittee on Ways and Means. enue Code of 1986 to eliminate the tax on 261. Also, a memorial of the Senate of the lation pursuant to clause 1 of section 8 of ar- Olympic medals won by United States ath- State of Colorado, relative to Senate Joint ticle I of the Constitution. letes; to the Committee on Ways and Means. Memorial 12-003 memorializing the Congress By Ms. RICHARDSON: H.R. 6253. By Ms. SCHWARTZ: to amend 26 U.S.C. sec. 6033; to the Com- Congress has the power to enact this legis- H.R. 6268. A bill to amend the Internal Rev- mittee on Ways and Means. enue Code of 1986 to repeal the phasedown of lation pursuant to the following: the credit percentage for the dependent care f This bill is enacted pursuant to the power tax credit; to the Committee on Ways and CONSTITUTIONAL AUTHORITY granted to Congress under Article I, Section Means. STATEMENT 8, Clause 3 and Clause 13 of the United States By Ms. SPEIER: Constitution. H.R. 6269. A bill to amend the Food and Nu- Pursuant to clause 7 of rule XII of By Mr. CARNAHAN: trition Act of 2008 to expand the eligibility of the Rules of the House of Representa- H.R. 6254.

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Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 289: Ms. LEE of California. lation pursuant to the following: lation pursuant to the following: H.R. 297: Mr. ROKITA. Article I, Section 1. ‘‘All legislative Powers Clause 1 of Section 8 of Article I of the H.R. 303: Mr. MARCHANT. herein granted shall be vested in a Congress United States Constitution and Amendment H.R. 329: Mr. FITZPATRICK. of the United States, which shall consist of a XVI of the United States Constitution. H.R. 333: Mr. REHBERG and Mr. MARCHANT. Senate and a House of Representatives.’’ By Mrs. MALONEY: H.R. 458: Mr. TIERNEY and Mr. LOEBSACK. By Mr. CARNAHAN: H.R. 6263. H.R. 531: Mr. BISHOP of New York. H.R. 6255. Congress has the power to enact this legis- H.R. 574: Ms. WOOLSEY. Congress has the power to enact this legis- lation pursuant to the following: H.R. 591: Mr. MCGOVERN. lation pursuant to the following: Article I, Section 8, Clause 18 H.R. 640: Mr. CARSON of Indiana and Mr. Article I, Section 1. ‘‘All legislative Powers The Congress shall have Power * * * To TIERNEY. herein granted shall be vested in a Congress make all Laws which shall be necessary and H.R. 719: Mr. RYAN of Ohio and Mr. GUINTA. of the United States, which shall consist of a proper for carrying into Execution the fore- H.R. 733: Mrs. BACHMANN. Senate and a House of Representatives.’’ going Powers, and all other Powers vested by H.R. 735: Mrs. MILLER of Michigan. By Mr. CARSON of Indiana: the Constitution in the Government of the H.R. 749: Mr. ROKITA. H.R. 6256. United States, or in any Department or Offi- H.R. 750: Mr. STUTZMAN. Congress has the power to enact this legis- cer thereof. H.R. 798: Mr. BISHOP of New York. lation pursuant to the following: By Mrs. MYRICK: H.R. 812: Mrs. MILLER of Michigan. Article I, § 8, clause 1. H.R. 6264. H.R. 829: Ms. SPEIER. By Mr. CLAY: Congress has the power to enact this legis- H.R. 860: Ms. MATSUI. H.R. 6257. H.R. 942: Mr. DENHAM, Mr. AMODEI, and Mr. Congress has the power to enact this legis- lation pursuant to the following: DONNELLY of Indiana. lation pursuant to the following: Article 4, Section 3, Clause 2 with respect H.R. 965: Mrs. MCCARTHY of New York and Clause 2 of Section 3 of Article IV of the to the power of Congress to make rules re- Ms. ROYBAL-ALLARD. Constitution: The Congress shall have Power garding the disposal of the property of the H.R. 978: Mr. HINCHEY. to dispose of and make all needful Rules and United States. H.R. 998: Mr. CARNEY and Mrs. Regulations respecting the Territory or By Mr. RANGEL: CHRISTENSEN. other Property belonging to the United H.R. 6265. H.R. 1063: Mr. KING of Iowa and Mr. LONG. States; and nothing in this Constitution Congress has the power to enact this legis- H.R. 1195: Mr. BISHOP of New York. shall be so construed as to Prejudice any lation pursuant to the following: H.R. 1204: Mr. RANGEL. Claims of the United States, or of any par- Article 1, Section 8 H.R. 1206: Mr. FLAKE, Mrs. LUMMIS, and Mr. ticular State. By Mr. RUNYAN: GARY G. MILLER of California. By Ms. DEGETTE: H.R. 6266. H.R. 1236: Mr. KINGSTON. H.R. 6258. Congress has the power to enact this legis- H.R. 1244: Mr. BONNER. Congress has the power to enact this legis- lation pursuant to the following: H.R. 1259: Mr. DENT. lation pursuant to the following: Article I, Section 8 Article I, Section 8, Clause 1: ‘‘The Con- By Mr. SCHOCK: H.R. 1265: Mrs. EMERSON, Mr. NUGENT, Mr. ATTA, and Ms. FOXX. gress shall have Power to lay and collect H.R. 6267. L H.R. 1279: Mr. LAMBORN. Taxes, Duties, Imposts and Excises, to pay Congress has the power to enact this legis- H.R. 1291: Mr. KEATING. the Debts and provide for the common lation pursuant to the following: H.R. 1370: Ms. ROS-LEHTINEN, Mr. HUIZENGA Defence and general Welfare of the United Article I, Section 7 and Article I, Section 8 of Michigan, Mr. RIVERA, and Mr. DIAZ- States; but all Duties, Imposts and Excises of the United States Constitution. BALART. shall be uniform throughout the United By Ms. SCHWARTZ: H.R. 1464: Mr. JOHNSON of Ohio. States;’’ and Article I, Section 8, Clause 18: H.R. 6268. H.R. 1509: Mr. KIND. ‘‘The Congress shall have Power To make all Congress has the power to enact this legis- H.R. 1513: Mr. COFFMAN of Colorado. Laws which shall be necessary and proper for lation pursuant to the following: H.R. 1546: Mr. PAULSEN and Mr. KELLY. carrying into Execution the foregoing Pow- Article I, Section VIII H.R. 1614: Mr. KING of New York. ers, and all other Powers vested by the Con- The Congress shall have power to lay and H.R. 1621: Mr. WOLF, Mr. JOHNSON of Ohio, stitution in the Government of the United collect taxes, duties, imposts and excises, to and Mr. GRIFFIN of Arkansas. States, or in any Department or Officer pay the debts and provide for the common H.R. 1639: Mr. HINOJOSA and Mr. PERL- thereof.’’ defense and general welfare of the United MUTTER. By Mr. DEUTCH: States; but all duties, imposts and excises H.R. 1653: Mr. ROKITA, Mr. JOHNSON of H.R. 6259. shall be uniform throughout the United Ohio, Ms. EDDIE BERNICE JOHNSON of Texas, Congress has the power to enact this legis- States. Mr. HULTGREN, and Mr. LUETKEMEYER. lation pursuant to the following: By Ms. SPEIER: H.R. 1781: Mr. PASCRELL. Article I, Section 4, Clause 1 of the US H.R. 6269. H.R. 1936: Mr. LEWIS of Georgia. Constitution Congress has the power to enact this legis- H.R. 1964: Mr. ROKITA. The Times, Places and Manner of holding lation pursuant to the following: H.R. 1993: Mr. PAULSEN. Elections for Senators and Representatives, Article 1, Section 8: Congress shall have H.R. 2016: Ms. BONAMICI and Mr. TIERNEY. shall be prescribed in each State by the Leg- the power to regulate commerce among the H.R. 2032: Mr. LANDRY and Mr. LONG. islature thereof; but Congress may at any states, and provide for the general welfare. H.R. 2094: Mr. OWENS. time make or alter such Regulations, except By Ms. SPEIER: H.R. 2140: Ms. BALDWIN. as to the Place of chusing Senators. H.R. 6270. H.R. 2168: Mr. MARKEY. By Ms. ESHOO: Congress has the power to enact this legis- H.R. 6260. H.R. 2198: Mrs. EMERSON. lation pursuant to the following: H.R. 2239: Mr. POSEY. Congress has the power to enact this legis- Article 1, Section 8: Congress shall have lation pursuant to the following: H.R. 2364: Mr. HONDA. the power to regulate commerce among the H.R. 2382: Mr. RANGEL, Mr. SCHRADER, Mr. Article I, Section 8, Clause 7 of the United states, and provide for the general welfare. States Constitution. MILLER of Florida, and Mr. PAULSEN. By Mr. TIPTON: H.R. 2402: Mr. FLEMING, Mr. STUTZMAN, Mr. By Mr. GOHMERT: H.R. 6271. H.R. 6261. WALBERG, Ms. BUERKLE, Mr. JORDAN, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- GARRETT, Mr. AKIN, Mr. MULVANEY, and Mr. lation pursuant to the following: lation pursuant to the following: PRICE of Georgia. Article I, Section 9, Clause 7 of the U.S. Article I, Section 8, Clause 1. H.R. 2479: Mr. KIND. Constitution sets forth the power of appro- f H.R. 2655: Mr. CLEAVER. priations states ‘‘No Money shall be drawn H.R. 2672: Mr. OWENS and Ms. LORETTA from the Treasury but in Consequence of Ap- ADDITIONAL SPONSORS TO PUBLIC SANCHEZ of California. propriations made by Law. . . .’’ BILLS AND RESOLUTIONS H.R. 2695: Mr. OWENS. Article I, Section 8, Clause 1 states that Under clause 7 of rule XII, sponsors H.R. 2721: Mr. BERMAN and Ms. TSONGAS. H.R. 2746: Mr. CONNOLLY of Virginia and ‘‘The Congress shall have the Power. . . to were added to public bills and resolu- pay the Debts and provide for the common Mr. STARK. Defense and general Welfare of the United tions as follows: H.R. 2794: Mr. MCDERMOTT, Mr. LOEBSACK, States . . .’’ H.R. 8: Mr. SCOTT of South Carolina and and Mr. MORAN. Article I, Section 8, Clauses 12 and 13 state Mr. CALVERT. H.R. 2827: Ms. HAYWORTH. that Congress shall have the power ‘‘to raise H.R. 127: Mr. COBLE. H.R. 2866: Mr. LANCE and Mr. PALLONE. and support Armies. . .’’ and ‘‘to provide and H.R. 139: Mr. COURTNEY. H.R. 2925: Mr. LATTA, Mr. MANZULLO, and maintain a Navy.’’ H.R. 153: Mr. SCOTT of South Carolina. Mr. DAVIS of Illinois. By Mr. LOEBSACK: H.R. 263: Mr. KEATING. H.R. 2960: Mr. JOHNSON of Illinois. H.R. 6262. H.R. 288: Mr. DAVIS of Illinois. H.R. 2969: Mrs. BACHMANN.

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H.R. 2978: Mr. MANZULLO and Mr. HURT. H.R. 4271: Mr. HONDA. H.R. 6134: Ms. PINGREE of Maine. H.R. 2989: Mr. LARSON of Connecticut. H.R. 4315: Mrs. NAPOLITANO. H.R. 6138: Ms. HAHN, Mr. KUCINICH, Ms. H.R. 2992: Mr. SCALISE. H.R. 4369: Mr. GOODLATTE. CASTOR of Florida, and Mr. QUIGLEY. H.R. 3032: Mr. BARTLETT. H.R. 4373: Mr. CONNOLLY of Virginia. H.R. 6147: Mr. WILSON of South Carolina. H.R. 3102: Mr. CONNOLLY of Virginia. H.R. 4396: Mr. HEINRICH. H.R. 6150: Ms. BONAMICI, Ms. WOOLSEY, and H.R. 3151: Mr. HONDA. H.R. 4405: Mr. JOHNSON of Ohio. Mr. DAVIS of Illinois. H.R. 3187: Mr. OWENS. H.R. 5284: Mr. LARSON of Connecticut, Mr. H.R. 6151: Mr. PRICE of North Carolina. H.R. 3238: Mrs. CAPPS and Mr. LYNCH. NEAL, and Mr. SCHOCK. H.R. 6164: Mr. HUELSKAMP. ´ H.R. 3242: Ms. VELAZQUEZ. H.R. 5542: Mrs. NAPOLITANO. H.R. 6165: Mr. CARTER, Mr. BROOKS, and Mr. H.R. 3264: Mr. STUTZMAN. H.R. 5684: Ms. SUTTON. BURTON of Indiana. H.R. 3269: Mr. LYNCH. H.R. 5741: Mr. FARR. H.R. 6174: Mr. COLE, Mr. SCHOCK, Mrs. WENS H.R. 3423: Mr. O . H.R. 5746: Mr. LARSON of Connecticut. ELLMERS, Mrs. EMERSON, Mr. GUINTA, and H.R. 3458: Mr. LOEBSACK and Mrs. EMERSON. ANGEL C OVERN H.R. 5787: Mr. R and Mr. M G . Mr. PAUL. H.R. 3487: Mr. WESTMORELAND, Mr. GINGREY H.R. 5796: Mr. BARLETTA, Mr. ROSKAM, and H.R. 6187: Ms. WILSON of Florida. of Georgia, Mr. ROSS of Florida, and Mr. Ms. HIRONO. H.R. 6188: Ms. CHU. SOUTHERLAND. H.R. 5817: Ms. HANABUSA. H.R. 6199: Mr. CANSECO. H.R. 3612: Mr. GARY G. MILLER of Cali- H.R. 5846: Ms. JENKINS, Mr. KINZINGER of Il- H.R. 6203: Mr. SCHILLING. fornia. linois, and Mr. OWENS. H.R. 6213: Mr. CASSIDY. H.R. 3618: Mr. BLUMENAUER. H.R. 5864: Mr. BLUMENAUER. H.R. 6229: Mr. KING of New York. H.R. 3627: Mr. YOUNG of Alaska and Mr. H.R. 5903: Mr. OLVER and Ms. HIRONO. H.R. 6241: Mr. PASCRELL and Mr. BISHOP of BASS of New Hampshire. H.R. 5911: Mr. BERG. New York. H.R. 3634: Mr. CAMP. H.R. 5938: Ms. SCHWARTZ. H.R. 3656: Mr. RANGEL. H.R. 5943: Mr. PETRI, Mrs. EMERSON, and H.J. Res. 106: Mr. GALLEGLY and Mr. COBLE. H.R. 3661: Mr. MURPHY of Connecticut, Mr. Mr. ALTMIRE. H.J. Res. 110: Mr. BURTON of Indiana. SCHILLING, Mr. KEATING, Ms. HANABUSA, and H.R. 5948: Mr. CULBERSON. H.J. Res. 115: Mr. COURTNEY, Mr. RYAN of Mr. GEORGE MILLER of California. H.R. 5977: Mr. BERMAN. Ohio, and Mr. SHIMKUS. H.R. 3767: Mr. HARRIS, Mr. GRIJALVA, and H.R. 5990: Mr. ROGERS of Kentucky. H. Con. Res. 101: Mr. TIERNEY. Mr. GOSAR. H.R. 6012: Mr. TIERNEY and Mr. ENGEL. H. Con. Res. 129: Mr. JOHNSON of Ohio and H.R. 3769: Mr. MCGOVERN. H.R. 6025: Mr. GOSAR. Mr. GARY G. MILLER of California. H.R. 3798: Mr. DOGGETT and Mr. PALLONE. H.R. 6061: Mr. CLARKE of Michigan and Ms. H. Res. 298: Mr. BRALEY of Iowa. H.R. 3849: Mr. CARSON of Indiana. NORTON. H. Res. 506: Mr. HONDA. H.R. 3861: Mr. AMASH. H.R. 6092: Mr. POLIS and Mr. FARR. H. Res. 583: Mrs. DAVIS of California. H.R. 3978: Mr. CLAY. H.R. 6097: Mr. BARTLETT. H. Res. 671: Mr. DEFAZIO and Mr. JONES. H.R. 3993: Mr. MARCHANT. H.R. 6111: Mr. JOHNSON of Ohio. H. Res. 676: Mr. MANZULLO, Mr. PALLONE, H.R. 4122: Mr. JOHNSON of Ohio. H.R. 6112: Mr. BURTON of Indiana. Mr. FRELINGHUYSEN, and Mrs. MCCARTHY of H.R. 4160: Ms. BUERKLE and Mr. GOHMERT. H.R. 6113: Mr. BARLETTA. New York. H.R. 4169: Ms. MCCOLLUM. H.R. 6128: Ms. LINDA T. SA´ NCHEZ of Cali- H. Res. 742: Mr. LEVIN. H.R. 4235: Mr. DOGGETT. fornia. H. Res. 745: Mr. SENSENBRENNER.

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Vol. 158 WASHINGTON, WEDNESDAY, AUGUST 1, 2012 No. 116 Senate The Senate met at 9:30 a.m. and was Mrs. GILLIBRAND thereupon as- Keep in mind, 1 is totally unprepared, called to order by the Honorable sumed the chair as Acting President 10 is totally prepared. Three is what he KIRSTEN E. GILLIBRAND, a Senator from pro tempore. said. One of the country’s top national the State of New York. f security experts gave us 3 out of 10, a failing grade by any standard. PRAYER RECOGNITION OF THE MAJORITY He went to say that the type of cyber The Chaplain, Dr. Barry C. Black, of- LEADER attacks that could black out the fered the following prayer: The ACTING PRESIDENT pro tem- United States for weeks or months are Let us pray. pore. The majority leader is recog- up seventeenfold in the last 3 years. O God, the light of the world, as You nized. The Nation’s top security experts have illuminate our path, may we walk in f said a cyber 9/11 is imminent. They say the brightness of Your presence. Use frailties in our defenses against these our Senators to select the plans that VETERANS JOBS CORPS ACT OF 2012—MOTION TO PROCEED attacks are most urgent. They are a most honor You. May they feel concern threat to our national security. Noth- when our Nation drifts from Your pre- Mr. REID. Madam President, I now ing is more important. cepts and labor to restore those values move to proceed to Calendar No. 476, So it was with disappointment last that will keep America strong. Lord, which is the Veterans Jobs Corps Act, night that I filed cloture on legislation help them to do their very best each sponsored by Senator NELSON of Flor- to reinforce our defenses against these day and leave the results to You. Give ida. malicious attackers. Some are coun- them the wisdom to lift each other’s The ACTING PRESIDENT pro tem- tries, some are organizations, some are burdens by being as encouraging to pore. The clerk will report the motion. individuals. National security experts others as You have been to them. The assistant legislative clerk read have been plain about the urgent need We pray in Your sacred Name. Amen. as follows: to act. They say the question is not f Motion to proceed to Calendar No. 476, S. whether to act but whether we will act 3457, a bill to require the Secretary of Vet- PLEDGE OF ALLEGIANCE in time. erans Affairs to establish a Veterans Jobs One need only look at the headlines The Honorable KIRSTEN E. GILLI- Corps, and for other purposes. in papers all over America today—all BRAND led the Pledge of Allegiance, as Mr. REID. Madam President, the over the world today. As we speak, 600 follows: first hour will be equally divided and million people in India are without I pledge allegiance to the Flag of the controlled between the two leaders or electricity. It is not believed there was United States of America, and to the Repub- their designees, with the Republicans any terrorism involved. It is believed it lic for which it stands, one nation under God, controlling the first half and the ma- indivisible, with liberty and justice for all. relates to the unusual weather, prob- jority controlling the final half. ably based, many experts say, on global f CYBER SECURITY warming. They have never had such APPOINTMENT OF ACTING Yesterday I filed cloture on the cyber heat in India, which has put a tremen- PRESIDENT PRO TEMPORE security bill. As a result, the filing dous burden on their fragile power sys- The PRESIDING OFFICER. The deadline for first-degree amendments is tem. clerk will please read a communication 1 p.m. today. We will let the Senate This legislation we are trying to fin- to the Senate from the President pro know about votes scheduled. We are ish has been worked on for years— tempore (Mr. INOUYE). trying to do one on Burma and the Af- years—not this Congress but going into The assistant legislative clerk read rican trade bill that we have wanted to last Congress. I was pleased to hear the following letter: do for a long time, but Republicans last week that many of my colleagues U.S. SENATE, have held it up to this point. But we were working on thoughtful amend- PRESIDENT PRO TEMPORE, will see what we can do to move for- ments to improve and strengthen this Washington, DC, August 1, 2012. ward on that. measure in spite of the untoward pres- To the Senate: Madam President, last week GEN sure by the Chamber of Commerce to Under the provisions of rule I, paragraph 3, Keith Alexander, commander of the kill this legislation. Senators on both of the Standing Rules of the Senate, I hereby U.S. Cyber Command, was asked to sides have worked hard to address appoint the Honorable KIRSTEN E. GILLI- BRAND, a Senator from the State of New rate how prepared America was to face every concern raised by the private York, to perform the duties of the Chair. a cyber terrorist attack on the scale of sector about this legislation. Senators DANIEL K. INOUYE, 1 to 10. Here is what he said: ‘‘From my LIEBERMAN and COLLINS have been ex- President pro tempore. perspective I’d say around a 3.’’ emplary. The bill that is before this

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

S5805

.

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It is Unfortunately, that was not good has been one of the leaders in putting scary that we are not doing something enough for a few of my Republican col- together the cyber security bill rel- about this bill. leagues. Instead of substantive amend- ative to an incident at the Chamber of Would the Chair announce the busi- ments that deal with our Nation’s Commerce? I would like to read it, if I ness of the day? cyber security, they are insisting on may, very briefly. And I quote Senator RESERVATION OF LEADER TIME political show votes. Instead of sub- WHITEHOUSE from page S5720 of the The ACTING PRESIDENT pro tem- stantive amendments that deal with July 31 CONGRESSIONAL RECORD: pore. The majority leader’s time is re- our Nation’s cyber security, they are Even the U.S. Chamber of Commerce has served. looking at all kinds of other things. I been the completely unwitting victim of a ORDER OF BUSINESS had thought they were going to be seri- long-term and extensive cyber intrusion. Under the previous order, the fol- ous about this, but they are not. The Just last year the Wall Street Journal re- lowing hour will be equally divided and threat is clear, and protecting the com- ported that a group of hackers in China controlled between the two leaders or breached the computer defenses of the U.S. puter networks that control our elec- Chamber, gained access to everything stored their designees, with Republicans con- tric grids, water supplies, and financial in its systems, including information about 3 trolling the first half and the majority systems should be above political million members, and they remained on the controlling the final half. wrangling. So I was doubly dis- U.S. Chamber’s network for at least 6 The Senator from Georgia. appointed to watch a bipartisan proc- months and possibly more than a year. The Mr. ISAKSON. Madam President, ess derailed by ideological attacks—for Chamber only learned of the break-in when while the majority whip is on the floor, example, on a woman’s right to choose the FBI told the group that servers in China I want to pay him a compliment about her health care generally. were stealing their information. some remarks I am going to make this Even after the Chamber was notified and morning. A group of 6 people in the As 47 million Americans were set to increased its cyber security, the article stat- gain access to preventive services with ed that the Chamber continued to experience Senate, three Republicans and three no out-of-pocket costs, Republicans in- suspicious activity, including a ‘‘thermostat Democrats, about a year and half ago sisted once again on a vote to repeal at a townhouse the Chamber owns on Capitol began getting together to deal with our these benefits. They want to roll back Hill . . . [that communicated] with an Inter- fiscal problems in this country, both the clock to the days when insurance net address in China . . . and . . . a printer entitlements as well as our tax system companies could discriminate against used by the Chamber executives spontane- as well as spending. I commend him for women. Why? Because they were ously . . . printing pages with Chinese char- his work on that because I am going to acters. women. They had a preexisting dis- talk exactly about what this Senate ability—their gender. As Senator WHITEHOUSE has said: and this Congress has to do in the To make matters worse they are will- These are the people we are supposed to months ahead to deal with the fiscal ing to kill a bill that will protect our listen to about cyber security. cliff we are about to go over, but I Nation from cyber terrorism in the Can I ask the Senator from Nevada if want to acknowledge the fact that process. But this is not a new tactic. he was aware that the chamber opposi- many of us, most importantly the dis- You may remember, as we all do—and tion to the cyber security bill certainly tinguished majority whip, have been I was reminded of that yesterday by a belies the fact that they have been working on solutions that we are going question that was asked of me by the hacked by the Chinese themselves, and to have to take if we are going to save distinguished assistant leader, Senator they didn’t even know it until the Fed- the Republic and the economy. DURBIN, that reminded the entire Sen- eral Bureau of Investigation reported I wanted to pass that on to the dis- ate that on a surface transportation it? tinguished majority whip. bill that put 3 million jobs at risk, Mr. REID. Madam President, in an- In my State of Georgia, the most re- their first amendment was by Senator swer to my friend, we are living in a cent report on unemployment posted BLUNT on women’s access to contracep- modern world. A thermostat—isn’t our unemployment rate at 9 percent. In tion. that what the Senator just said? our State we advertise foreclosures Still, I admit I was surprised that Mr. DURBIN. That is right. every Friday and leading up to the first Senator MCCONNELL would so brazenly Mr. REID. Is the connectivity to Tuesday. We set a record in the month drag partisan politics into a debate what China wants to get from the of July on the number of foreclosures over a measure crucial to national se- Chamber of Commerce. Remember, being advertised. curity. It is today when the health care that is only one way they get this in- Yesterday in my office I had a meet- bill that we passed designates women formation. But the numerous instru- ing with the President of Lockheed. will no longer be second-class citizens ments we carry around—BlackBerrys, They are headquartered in Fort Worth, in relation to health care. So I cannot iPhones, all these kinds of things, in- but they have one of their largest man- imagine a more untimely attack on struments we have at home—every one ufacturing facilities in Marietta, GA. women than yesterday. of those is a vehicle to find out what is They are going to have to send out Yesterday Senator MCCONNELL and I going on in my life, your life, the life of their notice of potential layoffs that received a letter from General Alex- the Chamber of Commerce. I cannot will take place because of sequestra- ander, who runs the National Security imagine how my Republican friends tion. We just got the second quarter Agency—he is one of the top leaders can follow this lead. I don’t know who. GDP report that said we are still slow- there—urging us to move more quick- We have had Republican leaders in the ing down and going down to 1.5 percent ly. Here is what he wrote, partially: past, on security—they have all said do from a previous quarter of 2 percent. The cyber threat facing the nation is real something about this. All indicators are that we are heading and demands immediate action. The time to I would love to have a bipartisan bill to a second bump in our economy, and act is now; we simply cannot afford further to work through this with some what has been a very protracted and delay. We need to move forward on com- amendments. I do not expect anyone to weak recovery is beginning to fail, and prehensive legislation now. I urge you to think the bill Senator LIEBERMAN and we are looking at a fiscal problem that work together to get it passed. Senator COLLINS did is perfect. But it is is going to affect this country for dec- What more do we need? What more a lot better than nothing. I hope peo- ades to come. does the Chamber of Commerce need so ple, when we vote on this tomorrow, I encourage my colleagues in the that they can release my Republican will invoke cloture and pass their bill. Senate to recognize the clock is run- colleagues? I share General Alexander’s I had no choice but to file cloture. I ning and time is running out. We can concern. am going to continue to work with all no longer postpone doing those things

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.002 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5807 we must do as a Congress to save the In terms of our revenues, everybody The only reason the administration Republic and save our economy and always wants to talk about taxes. Last sent out this guidance to employers begin producing jobs in this country. week we had a debate that was mean- earlier this week was to keep people in The most important thing our people ingless and worthless over political po- the dark about the impact these de- need is certainty. They need certainty sitions of two political parties on tax fense cuts will have until, of course, in regulation, and they need certainty systems. We need to look at Bowles- after the election. So the White House in tax policy. The American people Simpson. We need to clean up our Tax is clearly trying to hide the ball from need to know we are going to do what Code. We need to use the tax expendi- all of us. The clearest proof of that is we have to do to save this Republic and tures that we get as income by reduc- the fact that no one even denied it to save this economy. For the few min- ing them and waiving them. We need to after I noted it here just yesterday. utes I have this morning, I wish to talk use that income to reduce the rates on But if we did need further proof, we ac- about that. All the solutions are on the corporate taxes and all the marginal tually got it yesterday when the table. The problem is that none of us rates of taxation so we can encourage Obama administration’s Office of Man- seems willing to take them off the people to spend their money, invest agement and Budget issued guidance of table and put them on the floor and their money, and make our Tax Code its own to departments and agencies deal with it. simple. We don’t need to raise taxes, telling folks they should prepare for Let’s talk about spending. Our deficit we need to raise their attitude. We the cuts. has been announced for this particular need to improve the plight the Amer- So let’s get this straight. Govern- fiscal year to be $1.2 trillion, $100 bil- ican taxpayers have today by giving ment workers should prepare for cuts, lion less than the total spending of the them certainty and a tax code that is but private businesses and their em- U.S. Government. We have to cut dis- clean, a tax code that is fair, and a tax ployers should not. Not a week seems cretionary spending. We can’t totally code that produces jobs, revenues, and to pass that we don’t see more evidence balance our books by cutting discre- growth. of the President’s absolute contempt tionary spending. We have entitle- My message this morning is this: If for the private sector, and here is the ments. Our entitlements are growing we go up to probably Friday when we latest. The Federal Government is told because of what? Our economy. Why go home for the month of August and to prepare for cuts, and yet the private are food stamps up from $35 billion to we come back in September for 60 days sector businesses are specifically told $87 billion? Because a lot people are and wait until the election, we are put- it would be ‘‘inappropriate’’ to tell peo- hungry and a lot of people are out of ting off dealing with issues that affect ple they could lose their jobs. The cuts work. Why are AFDC and many other our economy, affect our people, and af- to the Defense Department under se- programs rising rapidly? It is due to fect our future. I, for one, stand ready quester are the law of the land, and the economy. If we can deal with the the minute the leaders are ready to put until Congress changes that fact they spending and if we can deal with enti- these issues on the floor, and let’s vote are totally foreseeable. tlements, then we can begin to bring on them. Let’s deal with the future of Yesterday the Director of OMB ex- empted appropriations for military back certainty and our economy will the American people, their taxes, their personnel from the sequester, providing come back and our jobs will come back entitlements, and the guarantees we even more certainty that the cuts to and there will be less pressure on the made to them on Social Security and defense will fall upon training, mainte- entitlement programs. Medicare. Let’s deal with our responsi- nance, and weapons procurement and We are going to have to also recog- bility. Let’s not sequester spending, development. So the fact is that pri- nize that ‘‘entitlements’’ is not the let’s cut where we should cut and let’s vate businesses have a higher degree of right word for programs such as Medi- add money where we should add certainty that their workforces will be care and Social Security. Those are money. Let’s run this country like a hit. Yet here is the administration’s contracts with the American people. I business and not like a political action pay 6.2 percent of my income—the message: If you are in the public sec- committee. tor, prepare for cuts. If you are in the President does as well—to the payroll I yield to the Republican leader. tax for my Social Security. I paid 1.35 private sector, don’t even warn your RECOGNITION OF THE MINORITY LEADER percent for my entire life to Medicare. employees that their jobs actually may The ACTING PRESIDENT pro tem- That is a contract with my govern- be on the line. pore. The Republican is recognized. ment. We have to fix those programs. What a perfect summary of this ad- Social Security is easy. Social Secu- DEFENSE SEQUESTER ministration’s approach to the econ- Mr. MCCONNELL. Madam President, 1 rity is fixable by moving the eligibility omy and jobs over the past 3 ⁄2 years. date to the outyears. For my grand- yesterday I came to the floor to draw Private businesses didn’t earn their children, eight of whom are under 8 attention to the administration’s success; somebody else made that hap- years old, that ought to be 69 or 70 transparent attempts to conceal the pen. Now the President says: If you years old before they become eligible. impact of defense cuts President work hard in the private sector, you We don’t need to cut their benefit or Obama demanded as part of last year’s don’t even deserve to know if your job raise their tax, but we need to actuari- debt-ceiling deal. I was referring, of is on the chopping block. The private ally put out their eligibility. That is course, to the administration’s Monday sector is doing just fine; it is the gov- what Ronald Reagan and Tip O’Neill notification to businesses that work ernment that needs help. That is the did in 1983 to save Social Security until with the government that they are message of this administration. the current pressure it is under right under no obligation to warn employees Just as disturbing is what this says now. who might lose their jobs as a result of about the administration’s approach to Medicare is the tough animal to deal these cuts. Incredibly, the administra- our national defense. The President’s with. We are going to have to recognize tion’s argument was that they don’t own Defense Secretary has said these that we have to get out of the fee-for- expect the cuts to happen even though cuts would hollow out our Armed service business and then do a premium the President had not done a thing to Forces. Yet the President has not said support business. That way, we can prevent them and even though Con- a word about how he plans to respon- quantify premium support and know gress had to pass a law requiring the sibly replace them or, if he accepts a how much we are spending, and the administration to tell us what the cuts weakened national defense, how he will American people have the choice of would look like. carry them out. Congress had to actu- buying the insurance and the coverage So let’s be clear. The administration ally pass a law forcing him to make for Medicare that they want. It ought officials who sent out this notification these plans clear to everybody. Now, he to be means tested. We ought to make instructing businesses to keep quiet hasn’t signed the bill yet. It went to sure that those who can afford more in- about these cuts know just as well as I him by voice vote out of the Senate surance, like myself, have less support do that the cuts are coming unless Sen- last week. The defense cuts that will be and those who are in need have more ate Democrats act or the President of triggered under the sequester are in ad- support. But it should be quantified in the United States finally decides to dition to the $487 billion in cuts to the terms of support for premiums, not a come up with a credible plan to replace Department identified by Secretary fee-for-service reimbursement system. them. Gates.

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.003 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5808 CONGRESSIONAL RECORD — SENATE August 1, 2012 It is time for the President to provide is a basic result, on average, of the the only years that count—would have the leadership to avoid these reduc- Federal Government spending 20.2 per- raised $67 billion a year on average tions that will render his own strategy cent of the gross domestic product compared to last year’s deficit of $1,326 unsustainable. A lot of people are won- from 1959 to 2008, prior to this adminis- billion. Is that trying mightily to fix dering how they will be affected by tration. On the other hand, revenue the debt and deficit? I don’t think so. these cuts. The fact that many of them generation averaged about 18.1 percent If we were serious about fixing our will be voting in swing States in No- of GDP, which gives us a 2.1-percent debt and deficit situation, if we were vember is no reason to leave them won- structural deficit. That is why our debt trying mightily to do that, we might dering about their fate any longer. has continued to grow. have tried passing a budget in the last I yield the floor. Under this administration, starting few years. We might have actually The ACTING PRESIDENT pro tem- with the recession, that structural def- brought appropriations bills to the pore. The Senator from Wisconsin. icit exploded, with tax revenue drop- floor so they could be debated and THE DEFICIT ping to about 15 percent and spending passed in the House and signed into law Mr. JOHNSON of Wisconsin. Madam skyrocketing to 25 percent and now to so we would not be faced with what we President, I have been listening to the about 24 percent. It is on a trajectory are faced with right now, which is a debate on spending and taxes and our to hit 35 percent by the year 2035. continuing resolution to fund the gov- debt and deficit. I come to the floor Clearly, that is unsustainable. ernment in 2013. this morning with a few visual aids and Another way of taking a look at the Again, dispel the myth: The Demo- charts and graphs to try to dispel some tax cuts of 2001 and 2003, in terms of crats’ tax proposal would do nothing— of the myths I have been hearing. their total effect on our deficit figure, almost nothing—to stabilize our debt The first myth I constantly hear is is to actually put them on a bar chart. and deficit. It is simply a political ex- about the Draconian cuts being pro- The red bars represent the total deficit. ercise. It is political demagoguery. It is posed in the House budget. I think this The blue portions on the bottom of class warfare. chart pretty well dispels that by show- those red charts are the actual reduc- I ask the American people to con- ing that 10 years ago, in 2002, the Fed- tions in revenue from those tax cuts. sider a simple question: Are they for We can see it is not a very large figure. eral Government spent $2 trillion. This increasing taxes on the productive sec- In total, over that—I guess that is an last year—this year—we will spend tor of our economy, the small busi- 11-year time period, the total Bush tax about $3.8 trillion. We have doubled nesses, those 1 million small businesses cuts were about $1.7 trillion, while the spending in just 10 years. The debate that would be affected by this? The entire deficit was about $7.5 trillion. moving forward shows that under the money that would be taken out of The tax cuts represent about 22 percent House budget, we would spend $4.9 tril- those small businesses that they would of that total deficit—but, again, when lion. President Obama’s budget pro- use to expand their business, to buy we take a look at the last 4 years, a far poses spending $5.8 trillion. I think it is capital equipment, to increase wages, smaller portion of the deficit, because to pay for health care, and invest in clear to see from this chart that no- the primary deficit over the last 4 body is proposing net cuts in spending. 401(k) plans, it does not stabilize the years has been on the spending side of debt and deficit. It does nothing to do We are just trying to limit the rate of the equation. that. growth in spending. What does the President offer us for I think Republicans basically agree Another way of looking at spending solutions? Last year, he proposed the with President Obama and President is over 10 years. In the 1990s, the Fed- Buffett rule. In a speech on September Clinton. Back on August 5, 2009, just as eral Government over a 10-year period 26, in proposing the Buffett rule, he we were coming out of recession, Presi- spent $16 trillion. The last decade, from used the basic principle of fairness that dent Obama said: ‘‘You don’t raise 2002 through 2011, the Federal Govern- he said the Buffett rule represents, and taxes in a recession.’’ I agree with that. ment spent $28 trillion. Again, the de- if that was applied to our Tax Code, it Republicans agree with that. bate moving forward is, over the next could raise enough to not only pay for Back in December—the last Novem- 10 years do we spend $40 trillion, as the his jobs bill, it would also stabilize our ber and December of 2010—right after House budget proposes, or do we spend debt and deficits for the next decade. the lameduck session when all the tax $47 trillion? Again, no cuts, just trying Think about what President Obama rates were extended for 2 years, Presi- to reduce the rate of growth. said there. He said the Buffett rule dent Obama said: ‘‘If we allow these Let’s talk a little bit about what the would not only pay for his jobs bill but taxes to go up . . . the economy would Federal Government has spent under would stabilize our debt and deficits for grow less.’’ the current administration. Over the 4 the next decade. Here is the chart and He was right. Back then, by the way, years of President Obama’s administra- here is the fact: The Buffett rule for 4 average growth in our economy was tion, the Federal Government in total years—4 years of the Buffett rule, it about 3.1 percent. During the last four will spend $14.4 trillion. Think back to was projected, would raise about $20 quarters now, the economy has only the last graph. That is almost as much billion total. President Obama’s 4 years grown about 2 percent. Our economy is as we spent in the decade of the 1990s. of deficit is $5.3 trillion. So let’s state in worse shape. It only grew at 1.5 per- The entire deficit for that time period it a different way: $5,300 billion. It cent in the last quarter. We can see the was $5.3 trillion. In other words, we had doesn’t take a math major to realize downward trajectory. to borrow $5.3 trillion of the $14.4 tril- $20 billion doesn’t even come close to Of course, President Clinton also said lion we spent; that is, about 37 cents of stabilizing a deficit of $5,300 billion. probably the best thing we could do is every dollar spent, we borrowed. We President Obama misled the American to extend all the tax rates to take that put that debt burden on the backs of people. I think the President of the sense of uncertainty off the table. That our children, our grandchildren, and United States has a far higher duty to is what Republicans are proposing. our great-grandchildren. the American people. He should be hon- Let’s not increase taxes on any I often hear that the whole problem est with them. American at this point in time. Let’s with the deficit is caused by the war Last week, we debated the other tax not threaten any kind of government costs or the 2001 to 2003 tax cuts. We proposals offered by our friends on the shutdown. As much as fiscal conserv- added those to the chart here. We can other side of the aisle. In proposing atives do not like the Budget Control see that the total amount over that 4- this and actually, unfortunately, pass- Act or those spending limits, we think year period of the overseas war costs ing this piece of tax legislation, the it is reasonable policy to pass a 6- and the Bush tax cuts was $1.2 trillion. majority leader said this piece of legis- month continuing resolution so a re- It is less than 25 percent of the total lation is about debt. It is about the sponsible leader can come into this deficit. Again, they are a factor but not debt, he said. We have to do something town and actually start fixing our debt the cause of the deficit. The cause of about the debt, and we have tried and deficit situation. the deficit primarily is spending. mightily to do that. We have tried That is what Republicans are all This chart basically shows what has mightily. about, taking the uncertainty of a been happening over the last 50 years. Again, let’s take a look at the facts. shutdown off the table, taking the un- The structural deficit we have incurred The first years of that tax legislation— certainty of what people’s tax rates

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.007 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5809 will be over the next year off the table, ways to strengthen job growth, not The ACTING PRESIDENT pro tem- and being responsible. pushing destructive tax increases that pore. The clerk will call the roll. With that, I yield the floor. serve as nothing more than political The legislative clerk proceeded to The ACTING PRESIDENT pro tem- talking points. call the roll. pore. The Senator from Nevada. Every week I hold telephone town- Mr. UDALL of Colorado. Madam SMALL BUSINESSES hall meetings with Nevadans from President, I ask unanimous consent Mr. HELLER. Madam President, I across the State. Lately, a lot of Ne- that the order for the quorum call be don’t believe any State has felt the vadans have discussed how some in the rescinded. brunt of this recession more than the majority party are willing to take our The ACTING PRESIDENT pro tem- State of Nevada. We are a State that economy off a fiscal cliff if Republicans pore. Without objection, it is so or- leads the Nation in unemployment, will not vote for tax increases on small dered. leads in foreclosure, and leads the businesses. PRODUCTION TAX CREDIT country in bankruptcy. For the past 2 weeks, I have asked all Mr. UDALL of Colorado. Madam There is not an evening that goes by those participating in these townhall President, as I begin to talk this morn- or a day that goes by that I am not meetings if they believe this type of ing about the wind production tax thinking about what can we do to cre- partisan politics is good for the econ- credit, I think we all know that tax ate jobs and get our economy moving. omy. We shouldn’t be surprised to credits have encouraged our wind in- In order to help small businesses thrive know that a vast majority believe par- dustry to invest in that great, new, again, we must tear down the barriers tisanship at the expense of the econ- cutting-edge form of power, and that to growth and opportunity and launch omy needs to end, and with that I has resulted in the creation of thou- this Nation into its next great chapter. agree. sands of American jobs and wind Small businesses are our Nation’s Last Friday, I visited Joe Dutra, who projects all over our country. Forty- economic backbone and they were built owns Kimmie Candy in Reno, at his eight States have a stake in our wind on the very same values of hard work factory. He talked about how he is energy industry. But the production and determination our Nation was fighting to grow his business with his tax credit that has driven this invest- founded upon. This issue is very per- kids, John and Kathryn. Unfortu- ment in American manufacturing and sonal to me. I spent most of my child- nately, instead of supporting small job creation is about to expire at the hood working at my father’s auto- businesses throughout our country, end of this year. motive shop in Carson City—Heller’s Washington has been making a dif- I have been coming to the floor on an Engine and Transmission. At this ficult situation even worse. Joe has ongoing basis to make the case that we small business my dad taught me how been getting a lot of heat lately from ought to extend the wind production to fix engines and transmissions but, the press because he is standing up tax credit as soon as possible. more importantly, I learned about hard against politicians who belittle his ef- I know the Acting President pro tem- work, I learned about personal respon- forts and has had the courage to fight pore has been here on a couple of occa- sibility, and I learned how to provide the destructive policies coming out of sions when I have spoken about this an important service to our commu- Washington. issue before. In fact, this is the 14th Let me assure my colleagues that nity. time I have come to the floor to speak Joe built his business and works hard Although my father’s shop has been to this important opportunity but also to keep it going. That is what many closed for some time, I have asked him the peril that awaits us if we do not ex- small businesses across this country what he would do as a small business tend the wind production tax credit. want to do. They want nothing more owner in today’s environment. First of The key here is that we have created than to expand their businesses, hire all, he said, you couldn’t open that uncertainty. The wind energy industry more people, and pass on a legacy to same shop, not with the regulations, is beginning to back off investments their children and grandchildren that the taxes, the overhead that would be for next year. They need certainty. shows with hard work and dedication, involved from what this government They need predictability. has produced. But his simple answer is anything is possible in America. In- I have come to the floor today to he would have to close his shop because stead of encouraging this, Washington talk, as I have been on each occasion, of the uncertainty and the costs due to has increased their burden with miles about a particular State and that all the Federal regulations and man- of regulatory redtape. They passed a State’s contribution to the wind indus- dates. health care law that is costing jobs and try. Today I want to talk about North Contrary to what some in Wash- continues with a top-down, Wash- Dakota. It is a State with enough wind ington may believe, my father built his ington-knows-best mentality that has energy potential that it could meet business and he worked long hours to led to an anemic economy. more than 240 times its own electricity Small businesses are the lifeblood of make it successful. It was through this needs—240 times its own electricity our economy and will be a key compo- business that he provided for my moth- needs. In fact, we know North Dakota nent to our recovery. It is far past time er and my five brothers and sisters. I sits in an ocean of wind, and it could Washington recognized this by encour- can’t thank my father enough for the power much of the Midwest if we could aging their growth and getting our Na- values he instilled in me. It is hum- get that electricity to the city centers bling to think that all around our tion on the right track. Thank you. I yield the floor. I sug- that need it, and if we keep the wind country sons and daughters are still gest the absence of a quorum. production tax credit in place. learning from their parents who are The ACTING PRESIDENT pro tem- What I want to talk about in par- making a living at their small busi- pore. The clerk will call the roll. ticular in North Dakota are a couple of nesses. These businesses are often The assistant legislative clerk pro- manufacturing facilities there. In the struggling to make payroll, pay sup- ceeded to call the roll. late 1990s, LM Glasfiber opened a facil- pliers and, in some instances, can’t Mr. JOHANNS. Madam President, I ity in Grand Forks, which is in eastern even afford to pay themselves. These ask unanimous consent that the order North Dakota, close to the border of Americans are fighting every day to for the quorum call be rescinded. Minnesota, as shown on this map. They achieve the American dream, but what The ACTING PRESIDENT pro tem- produce wind turbine blades there. And they get from Washington is more at- pore. Without objection, it is so or- just a few years ago, DMI Industries— tacks on their livelihood in the form of dered. a company that manufactures the tow- new regulations, new mandates, and, of (The remarks of Mr. JOHANNS per- ers—opened a factory in West Fargo. course, every day the talk of new taining to the introduction of S. 3467 That is also in eastern North Dakota. taxes. Just last week, the majority are printed in today’s RECORD under It is south of Grand Forks, over here, party offered a tax plan that would kill ‘‘Statements on Introduced Bills and as shown on this map, on the Min- 6,000 jobs in Nevada and more than Joint Resolutions.’’) nesota border as well. 700,000 jobs nationwide. In a stagnant Mr. JOHANNS. Madam President, I These wind turbines—and the Acting economy suffering from chronic unem- yield the floor and suggest the absence President pro tempore knows this—are ployment, we should be looking for of a quorum. magnificent machines. They sit on

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.008 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5810 CONGRESSIONAL RECORD — SENATE August 1, 2012 towers that in some cases are 100 me- cent of their entire power supply com- dioxide is produced, a zero impact on ters tall. The wind blades themselves ing from wind energy projects. That is global warming. So certainly what is are like aircraft wings. The cell that the equivalent in North Dakota of very good for the American worker, for sits on the top of the towers, where the 430,000 homes being powered by wind. the American economy, is also good for gear box and all the technology is— That number—I know this is impor- our air and the environment here in these are very technical, very com- tant to the Presiding Officer—equals our Nation and around the world. We plicated, very sophisticated machines, about 3 million metric tons of carbon must get this production tax credit and manufacturing them brings out dioxide that are not released into our passed. I will continue to work with American greatness. The point I am atmosphere every year. It is simple: him to make this happen. making is these are two important fa- The wind industry is important to I rise today to address a critical issue cilities in North Dakota. America’s future and it should be for Oregon’s ranchers and farmers who I also want to talk about the leader- incented in communities that can sup- are dealing with wildfire devastation— ship that exists in North Dakota when port it, such as in North Dakota. huge devastation. I am going to put up it comes to wind energy. I want to The wind production tax credit is some pictures. We have had in the last start with our colleague, Senator CON- that incentive. Without a doubt, if the month the largest fires in Oregon in RAD. He has been a proponent of the PTC is allowed to expire, this impor- over a century. An enormous amount production tax credit for over a decade. tant American industry will shrink, of land has been burned in the process. His reasoning is that this is a great op- move overseas, and take thousands of The Long Draw fire in Malheur Coun- portunity for North Dakota, as well as American jobs with it. So as I have ty burned 557,000 acres or, to translate for the country, and the wind produc- done when I come to the floor, I am im- that, that is about 900 square miles. tion tax credit creates certainty. ploring our colleagues to work with This is the largest wildfire in Oregon His colleague Senator HOEVEN has me, to work with us to stop this possi- since the 1800s. This chart shows the also taken up the cause during his first bility from becoming a reality. Wind incredibly powerful flames these ranch- term in the Senate. energy is not a partisan issue. ers and farmers have been dealing with. One of the key points I want to make As I have noted, many of our col- As these flames sweep across the grass- here is those two Senators are from leagues agree with me, whether they lands, the cattle and other livestock two political parties. Yet they each are on this side of the aisle or the other are often killed in the process. The support the wind production tax credit. side of the aisle. They understand if we land does not quickly recover because Last month, North Dakota hosted a re- do not extend the PTC we risk losing of the intensity of the fire and how it thousands of jobs and crippling a very newable action energy summit in Bis- affects the soil. marck, and both Senator CONRAD and important, successful, existing indus- Let me give you another view of this try. So it would be a decision that we Senator HOEVEN attended. During this same fire. This is actually a picture summit national leaders talked about would all regret for a long time if we taken from Nevada looking toward Or- how North Dakota’s robust and diverse let the PTC expire. egon. You see this massive wall, this As I close, I again implore and urge energy sector has provided the model massive wall of smoke coming across. my colleagues to work on this to- for creating jobs and helping reduce It is an incredible sight to behold when gether. If we believe in energy inde- our Nation’s dependence on foreign oil. pendence and job creation, as we say, a fire is in full rage as this was. I have to say this strikes me as the The Long Draw fire was one of the then we need to work together. Let’s most intelligent kind of policy. It is a major fires, but the Miller Homestead show Americans that we understand mix of traditional energy sources with fire was another. It burned about 250 the economy is job one. One of the sustainable energy such as wind. What square miles. Here again, you can see ways we can create new jobs is to ex- you get from that is advanced tech- tend the wind production tax credit. the dramatic flame front southeast Or- nology. You have certainty for devel- One of the ways we lose jobs is if we let egon was fighting. This is moving opers. You spur investment. You create the wind production tax credit expire. through the sagebrush, continuously jobs. I applaud North Dakota’s leader- So we ought to be passing the PTC as progressing, moving very quickly when ship in putting in place a smart energy soon as possible. the wind is driving it, creating an enor- policy, an all-of-the-above energy pol- The production tax credit equals mous wall of smoke. icy, as well as our colleagues’ work on jobs. It is crucial to our future. Let’s Let’s take one more view. Here we this subject. not let the wind production tax credit see the aftermath of the fire when it The point I am making is that North be a casualty of election year partisan- was stopped by a road as an interlude. Dakota recognizes investment in wind ship. We cannot—America cannot—af- It completely destroyed land on one energy is an investment in jobs. Some ford it. side of the highway, and what it looked of those numbers make that point. I yield the floor. like, this green grassland, this was not Some 2,000 jobs in North Dakota are The ACTING PRESIDENT pro tem- all dry and parched, this green grass- supported by the wind energy industry. pore. The Senator from Oregon. land, before the fire moved through. Those jobs are there no doubt because DISASTER RELIEF In addition to these two huge fires, of the existence of a tax credit. I would Mr. MERKLEY. Madam President, I we have had a number of others—the add that the tax credit is a production thank my colleague from Colorado for Lexfalls fire in Jefferson County; the tax credit. So you produce the power his remarks about the production tax Baker Canyon fire in Jefferson and and then you get the tax credit. This is credit. This is incredibly important to Wasco Counties; the West Crater fire in not speculative. This is not hoping that the wind industry. It is a big factor in Malheur County, each of these having a something will happen. This is based the economy of Colorado and certainly substantial impact in addition to the on production of electrons. That is why a substantial factor in the economy of Miller Homestead and the Long Draw it is such a powerful tool. It has been Oregon. So I join him in making the fires. used in the past, by the way, in other case, if you will, that we need to make Together, these fires have consumed energy sectors. You produce power, you sure we continue to drive forward this over 1,100 square miles. That is roughly produce energy, you are rewarded with clean energy manufacturing economy an area the size of Rhode Island. So an an energy tax credit. that produces zero carbon dioxide. entire State would fit into the area Besides jobs, the wind industry pro- I can tell you, I recently had the burned in Oregon. These fires are now vides $4 million annually in property chance to drive from the northern bor- under control, and southeastern Or- tax and land lease payments that go to der of Oregon to the southern border in egon is surveying the damage and pick- supporting local communities and vital an electric Leaf. We have enough ing up the pieces. services tied to those communities. charging stations now along the inter- One of the things they would imme- Where does North Dakota rank nation- state to make this possible. It was mi- diately turn to, our farmers and our ally? Well, they rank 10th in terms of raculous to not produce a single mol- ranchers, would be the disaster assist- installed wind capacity, and third in ecule of pollution out of that car trip. ance that has always existed within the Nation in percentage of electricity If that energy for that car is coming the farm bill. But guess what. These derived from wind, with almost 15 per- from wind, then not any—zero—carbon disaster assistance programs are not

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.010 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5811 available because the House has failed done in the context of many programs tainly felt good about our police offi- to act on the farm bill. This Senate that need to be renewed that have been cers, firefighters, paramedics, and all passed the farm bill, a bipartisan bill, worked out. But in absence of that, the medical personnel who literally Republicans and Democrats coming to- let’s find a way to move quickly to as- saved dozens and dozens of lives. gether. sist our farmers and ranchers in the On this, the 5-year anniversary of the In it are the reauthorizations of four face of devastating natural disasters. bridge collapse, we should again honor key programs. One of them is the Live- I yield the floor. those heroes and the countless lives stock Indemnity Program that address- The ACTING PRESIDENT pro tem- they saved. es when there is a natural disaster like pore. The Senator from Minnesota. For a minute, I want to tell you a few this, addresses the death and the loss Ms. KLOBUCHAR. Madam President, examples. A woman named Pamela of cattle and other livestock. I ask unanimous consent to speak as in Louwagie, who writes for the Star A second is the Emergency Assist- morning business for the duration of Tribune, gathered some of their stories ance for Livestock Program called the my remarks. this weekend. Some of these people I ELAP. But it basically addresses the The ACTING PRESIDENT pro tem- know. Lindsey Patterson Walls was in lost value of forage on private land, pore. Without objection, it is so or- a Volkswagen that went over the and then the LFP program, or Live- dered. bridge; she kicked out the doors and stock Forage Disaster Program, that ANNIVERSARY OF I–35W BRIDGE DISASTER windows and was able to get out and addresses the loss of forage on public Ms. KLOBUCHAR. Madam President, survive. She is putting the collapse to land. Those of you who are not from I rise today to speak on the 5-year an- work in her career. She is a youth the West may not be aware that a lot niversary of the horrific collapse of the worker who counsels children and of our livestock is operating on land I–35W bridge in Minneapolis, and to pay teens and she discovered that her trau- that is leased to our ranchers. So when tribute to those who lost their lives on ma, as hard as it was, wasn’t so dif- a fire like this affects those public that tragic summer day. ferent than that of her clients. She felt As I said the day after the bridge col- lands, it also is affecting the value of insecure in the world, wondering lapse, ‘‘A bridge just should not fall the lease to those farmers and the abil- whether another bridge would collapse down in the middle of America.’’ Not a ity of their livestock—those that have under her, and she realized that the bridge that is a few blocks from my survived the fire—to be able to find for- homeless teens she counsels felt inse- house. Not an eight-lane highway. Not age and continue to live. cure, wondering where they would a bridge that I drive over every day It is deeply disturbing that the House sleep at night. It is a lesson she takes with my husband and my daughter. But has not voted on the farm bill and sent with her every day in her job. that is what happened that sunny sum- it to conference. I urge them to act on Betsy Sathers is someone I have mer day in Minneapolis, MN. come to know. Her husband was 29 this quickly. Without these key dis- I can’t even begin to count how many years old when he died in that bridge aster relief programs, ranchers and times I have thought about that collapse. They had just gotten married farmers who have lost livestock and bridge, and everyone in our State actu- and they planned on having a family. grazing land are left with few options. ally remembers where they were the She decided to adopt children from That is wrong. A rancher in south- day it collapsed. It was one of the most Haiti. In the aftermath of that earth- eastern Oregon who has been dev- heavily traveled bridges in our State, astated by these wildfires should not and in all that day 13 people lost their quake, she already knew the names of pay the price because the House of Rep- lives and scores were injured. So many these children she was going to adopt. resentatives will not bring a farm bill more could have been killed if not for She would not let those kids just be that it can pass and send to conference. the first responders, if not for the vol- left in that rubble. She contacted our Let’s be clear. The best solution to unteers, who instead of running away office. We worked with her and brought this problem, as well as many other from the disaster, when they had no Alyse and Ross back from Haiti, and issues, would be for the House to pass idea what actually happened, ran to- she is their mother. I saw them this the bipartisan Senate farm bill. This ward it and rescued their fellow citi- weekend with their big smiles and would bring timely relief to all of those zens. their mom. That is an inspirational who have suffered in the disaster, and Everyone was shocked and horrified, story. certainly to the farmers and ranchers but on that evening and in the days The Coulter family was in their across Oregon who have been struck by that followed, the whole world watched minivan—the kids, the mom, the dad. the largest fire in this century, a fire as our State came together, as they did It was clear at the beginning that they larger than the State of Rhode Island. in the minutes and hours after the col- were severely injured and the mom, But if we can get consensus to bring lapse. I was proud to be a Minnesotan. Paula, they didn’t think would survive. immediate relief in the face of the in- The emergency response to the Also, after they learned that maybe action by the House, then we should do bridge collapse demonstrated an im- she was going to make it—she had dev- so. That is why I have introduced the pressive level of preparedness and co- astating injuries to her brain and her Wildfire and Drought Relief for Farm- ordination that should be a model for back—one time during one of the sur- ers and Ranchers Act to extend the the Nation. We saw true heroes in the geries, they had to jolt her heart back most urgently needed programs imme- face of unimaginable circumstances. to life. They had suggested that her diately. This would extend the pro- We saw an off-duty Minneapolis fire- family start looking for nursing home grams for livestock indemnity. This fighter named Shannon Hanson, who care. But she didn’t give up—Paula and would extend the program for forage grabbed her lifejacket and was among her family didn’t give up. After 2 years, loss on public lands and forage loss on the first at the scene. Tethered to a with the help of some great therapists, private lands. yellow life rope in the midst of broken she could walk and move again and go I urge my colleagues to take the concrete and tangled rebar, she swam back to her counseling job part time, same bipartisan spirit they brought to from car to car searching for survivors and two summers ago she and her the farm bill to recognize that this up and down in that river. trainer ran a 5K race. That is inspira- Chamber has already voted to extend We saw that schoolbus perched pre- tional. disaster programs and, if necessary, cariously on the falling bridge deck. I Then there is the bridge itself. After move quickly to extend these disaster called it the miracle bus. Inside there it collapsed, it was so clear to us that programs, if necessary by themselves, were dozens of kids from a very poor we had to rebuild it and we had to re- in order to help our ranchers, to help neighborhood, who had been on a swim- build it right away. In just 3 days, Sen- our farmers who have been affected by ming field trip. Their bus was crossing ator Coleman and I worked together in these natural disasters, including this the bridge when it dropped. Thanks to the Senate to secure $250 million in once-in-a-century fire in the State of the quick action of responsible adults emergency bridge reconstruction fund- Oregon. and the children themselves, they all ing. Representative Jim Oberstar led Again, I encourage the House of Rep- survived, they all got off that bus. the way in the House. Approval of the resentatives to immediately get the Although you can never feel good funding came with remarkable speed in farm bill to conference. This should be about a tragedy like this one, I cer- this Chamber. It was bipartisan and we

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.012 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5812 CONGRESSIONAL RECORD — SENATE August 1, 2012 were able to get the funding. From the roads, bridges, transit, congestion rity, which is the lack of defenses in moment that bridge started construc- mitigation projects, and mobility im- the cyber infrastructure that is owned tion to the end, it took less than a year provements. by the private sector. to rebuild a bridge that is now a 10-lane The bill gives greater flexibility to Senator REID was saddened, as I was, highway. State departments of transportation to that he had to file for cloture because, Today, the new I–35W bridge is a direct Federal resources to address of course, there can be disagreements symbol of pride and the resilience of a unique needs in each State. It also es- about how to respond to this threat to community. This weekend, when I was tablishes benchmarks and national pol- our security and our prosperity. Hun- at the Twin Cities heroes parade with icy goals, including strengthening our dreds of billions of dollars of American our veterans, the organizer looked at Nation’s bridges, and links those to ingenuity and money have already me proudly and said: Tonight they are Federal funds. It reduces project deliv- been stolen by cyber thieves operating lighting up the 35W bridge red, white, ery time and accelerates processes that not only from within our country but, and blue. So it literally has become a will reduce in half the amount of time more often, from outside. So you can symbol of hope in our State. to get projects under way. have differences of opinion about how The new bridge is a hundred-year However, we all know more needs to to deal with the problem. But the fact bridge with more lanes than before. It be done. While other countries are that people started to introduce totally is also safer. The bridge includes state- moving full steam ahead with infra- irrelevant amendments, such as the of-the-art anti-icing technology, as structure investments, we seem to be one to repeal ObamaCare—well, that is well as shoulders, which the old bridge simply treading water, and in an in- a debatable issue. We have debated it didn’t have. creasingly competitive global economy many times, as the House has, but not Of course, bridge safety was on the standing still is falling behind. on this bill, which we urgently need to minds of all Americans, especially China and India are spending, respec- pass and send to the House and then go those of us in Minnesota, following the tively, 9 and 5 percent of their GDP on into conference and then, hopefully, bridge collapse. Immediately after- infrastructure. We need to keep up. We pass something and send it to the ward, the Minnesota Department of need to build our infrastructure. That President. Transportation inspected all 25 bridges is why I authored the Rebuild America I was at a briefing with more than a in Minnesota with a similar design as Jobs Act last fall, which would have in- dozen Members of the Senate, rep- the I–35W bridge. This inspection led to vested in our Nation’s infrastructure. resenting a wide bipartisan group and the closing of the Highway 23 bridge in It would have also created a national ideological group, with leaders of our St. Cloud, where bulging of gusset infrastructure bank—something the oc- security agencies—cyber security agen- plates was found. I remember seeing it. cupant of the chair is familiar with—to cies, including the Department of De- It accelerated its planned replacement help facilitate public-private partner- fense, Department of Homeland Secu- of that bridge, which opened in 2009. ships, so that projects could be built rity, FBI, NSA, and they could not But the reforms were not all struc- that would otherwise be too expensive have been clearer about the fact that tural. Since then, the department of for a city, a county, or even a State to this cyber threat is not a speculative transportation in our State has im- accomplish on its own. We included a threat. The fact is we are under attack proved the way the inspections and provision to set aside a certain amount over cyber space right now. In terms of maintenance functions of the depart- of funding for road projects. Unfortu- economics, we have already lost an ment handle critical information and nately, while we got a majority of the enormous amount of money. GEN necessary repairs. Senate voting to advance this bill, we Keith Alexander, Chief of U.S. Cyber Just as in Minnesota, bridge safety were unable to break the filibuster. Command, described the loss of indus- became a priority nationally as well. So 5 years to the day after the I–35W trial information and intellectual prop- After the National Transportation bridge fell into the Mississippi River, erty, and just plain money, through Safety Board identified gusset plates as we know we have much to do to ensure cyber theft as ‘‘the greatest transfer of being heavily responsible for the col- our 21st century economy has the 21st wealth in history.’’ That is going on. lapse, a critical review of gusset plates century infrastructure we need. I know We are also under cyber attack by was conducted on bridges across Amer- I am committed to move forward and enemies who are probing the control ica, and there was new attention fo- work in a bipartisan way to address our systems, the cyber control systems cused on deterioration of steel and Nation’s critical bridge and infrastruc- that control not the mom-and-pop weight added to bridges over the years ture needs and prevent another tragedy businesses at home, not the Internet through maintenance and resurfacing like the collapse of the I–35W bridge. systems over which so many of us shop projects. They didn’t distinguish on that these days, but the cyber systems that The national organization that devel- bridge on that day 5 years ago who was control the electric supply, that con- ops highway and bridge standards, the a Democrat or Republican. Certainly trol all of our financial transactions, American Association of State High- those first responders—the cops and large and small, that control our trans- way Transportation Officials, updated firefighters—didn’t ask what political portation system, our telecommuni- bridge manuals that are used by State party somebody belonged to. They sim- cation system—all the things we de- and county bridge engineers across the ply did their job. That is what we need pend on to sustain our society and our Nation. to do in the Senate. individual lives. That is who we are I will say that 5 years later we have I yield the floor. talking about here. still not made as much progress as I The ACTING PRESIDENT pro tem- It is the greatest transfer of wealth would have liked. The Federal Highway pore. The Senator from Connecticut. in history. But our enemies are already Administration estimates that over 25 CYBERSECURITY ACT OF 2012 probing those private companies’ cyber percent of the Nation’s 600,000 bridges Mr. LIEBERMAN. Madam President, systems that control that kind of crit- are still either structurally deficient or I rise to speak about the Cybersecurity ical infrastructure I have described. functionally obsolete. Act of 2012, which is numbered S. 3414. There is some reason to believe that The American Society of Civil Engi- Last night, the majority leader, Sen- because of the vulnerability of those neers gave bridges in America a C ator REID, filed a cloture motion which systems and lack of adequate defenses, grade in its 2009 Report Card for Amer- would ripen for a vote on tomorrow. they have already placed in them ica’s Infrastructure and a D for infra- Senator REID said he was saddened to malware, bugs—whatever we want to structure overall. have to file that motion. He also used call it. In the old days, we used to call We did take a positive step forward a word we don’t hear much when he it a sleeper cell of spies and, more re- with the recent bipartisan transpor- said he was ‘‘flummoxed’’ by the need cently, in terms of terrorism, a sleeper tation bill that will help State depart- to file a cloture motion on bipartisan cell of terrorists. ments of transportation fix bridges and legislation that responds to what all of Let me put it personally, without improve infrastructure. the experts in security in our country stating it definitively on the floor. I For Minnesota, that bill means more from the last administration and this worry that enemies of the United than $700 million for Minnesota’s one say is a critical threat to our secu- States have already placed what I call

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.013 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5813 cyber sleeper cells in critical cyber want to say that the managers of the security Act of 2012; the group who control systems that control critical bill—Senator COLLINS’ staff, the Re- sponsored SECURE IT, Senators infrastructure in our country. Every- publican cloakroom, my staff, the HUTCHISON, CHAMBLISS, MCCAIN, et al.; body will say that some companies Democratic cloakroom—are going to and the third group, the bipartisan that own critical infrastructure are be working on these amendments to group that sprung up because of the ur- doing a pretty good job of defending it see if we can begin to move toward a fi- gency of this clear-and-present danger and us, but some are not. That is one of nite list so we can give some sense of to America, led by Senator KYL and the reasons this bill has occurred—to certainty. Senator WHITEHOUSE, who is also on try to create a collaborative process Senator REID has been very clear. He the floor and really has played an im- where the private sector and the public has not wanted to, to use an idiom of portant role in bringing the two sides— sector can act together in the national the Senate, fill the tree, which is to if I can put it that way—closer to- interest. say limit amendments. He has wanted gether. Frankly, there was a chasm The businesses themselves that con- to have an open amendment process, that separated us at the outset. We trol cyber infrastructure—God forbid which really ought to happen on a bill have changed our bill. We have made it there is a major cyber attack on the of this kind, but open for germane and much more voluntary—carrots instead United States—are going to be enor- relevant amendments, not amendments of sticks, as the Senator and I have mous losers. They are going to be sub- on repealing ObamaCare or, I say re- said. But still there are differences, and ject, under the current state of the law, spectfully, on enacting more gun con- I would just say shame on us if we to the kind of liability in court that trol. Those are both significant and can’t bridge those differences on na- may bring some of them down. It may substantial issues, but they are going tional security, of all topics. So this is an important day to see if end their corporate existence. to block this bill from passing if people we can come together. Senator COLLINS Mr. CARPER. Would the Senator insist on bringing them up here. and I are ready and willing to meet yield for a question? So the first and positive consequence with the sponsors of the other bills— Mr. LIEBERMAN. I would be glad to of Senator REID’s cloture motion—one Senator KYL, Senator WHITEHOUSE—to yield to my friend from Delaware for a we all signed—is to require that see if we can come to some kind of question. He is the cosponsor of our amendments people have been talking agreement on critical parts of this leg- main bill, S. 3414. about filing have to come forward by 1 islation and to come up with a finite Mr. CARPER. The message the Sen- p.m., and bipartisan staffs will be ator is conveying today is so impor- list we can support. working to winnow that down to a fi- Just a final word. I wish to thank the tant. I hope folks who are unsure about nite list. majority leader, Senator REID. Senator supporting our legislation are listen- Second, if we don’t have an agree- REID has a tough job, and it is obvi- ing. ment on a finite list and we cannot vi- ously battered by the political moment I was briefed earlier today by a large tiate the cloture vote for tomorrow, we are in, whenever we are in it. And of multinational company. One of its di- then Members of the Senate—every course this is a particularly political visions is manufacturing, among other one, in their own heart and head—will moment—partisan—because of the things, helicopters. Apparently, within have to make the decision as to wheth- election season and the campaign we the last 12 months, maybe even 6 er to vote against taking up this bill are in. But I have known HARRY REID months, the plans for developing and while all the nonpolitical experts on for quite a while, and I have the great- manufacturing one such helicopter our security—GEN Keith Alexander, est confidence and trust in him and an were hacked and obtained by another Director of Cyber Command within the awful lot of affection. He is a personal nation—presumably the Chinese. So Pentagon, head of the National Secu- friend. He got briefed about the cyber they will develop and will build their rity Agency, and one of the jewels and security threat more than a year ago, version of our helicopters. They won’t treasures of our government protecting and he called me in and we talked be built by Americans. They will not our security, appealed to Senators REID about it. He said he was really worried, provide American jobs. It will not pro- and MCCONNELL in a letter yesterday that we had to do something in this vide revenues to that company or tax stating that this legislation is criti- session of Congress to protect our secu- revenues to our Treasury; they will cally necessary now. rity, and he has been steadfast in that really be apprehended, if you will, by This legislation will give our govern- belief and has refused to give up. another nation. That is the reality of ment and the private sector operators Senator REID filed the cloture mo- this theft. of critical cyber infrastructure powers tion to bring this to a head and hope- So I was reminded just this morning they do not have now, authorities they fully to get to that finite list of amend- of what the Senator is talking about, do not have now to collaborate, to take ments. And I think he is going to what General Alexander says is the action, to share information, to adopt stretch, within the process and time, largest economic threat in the history what General Alexander in a wonderful the great authority and power the ma- of our country, and it is taking place. phrase said is the best computer hy- jority leader has—some people say it I was reminded of that this morning, giene, the best cyber hygiene to pro- may be the only power these days, but and I just wanted to share that with tect our country. I think he has more because of his the Senator. So that is the question facing Mem- skills—in controlling the schedule. I Mr. LIEBERMAN. I thank the Sen- bers of the Senate in the face of that think if there is a hope that we can ator from Delaware very much. I think kind of statement of the urgency of bring a bill together and pass a cyber he crystallized the moment we are in. some form of cyber security legislation security bill, Senator REID is going to I mentioned that Senator REID filed a in this session from the Director of give us every opportunity to do that. cloture motion that will ripen tomor- Cyber Command, an honored, distin- So I wanted to put on the record my row. Again, he did it in sadness, and I guished veteran of our uniformed mili- thanks to him for his own commitment was sad he had to do it. This is an issue tary—U.S. Army in this case. to improving the cyber security of our on which I had hoped we would over- Are we going to find it hard to get 60 country because he has listened to the come gridlock—special interest driven, Members of the Senate to vote to take experts and they have convinced him. ideologically driven, politically driv- up this bill and debate it? I hope not. This is rising to be a greater threat to en—but we couldn’t do it, so the major- For me, it would be hard to explain—I America than any other threat we face ity leader did exactly what he had to will put it that way—why I would vote today, and that is saying a lot, but I do, in my opinion, in the national secu- against it no matter what the con- believe it. rity interest. troversy is. I thank the Chair, and I yield the This does two things. One, as my col- I would say to my friend from Dela- floor for my friend from Delaware. leagues know and I repeat just to re- ware, who has been involved, that I The ACTING PRESIDENT pro tem- mind them, we have a 1 p.m. deadline will yield to him if he wants to make a pore. The Senator from Delaware. when any Member of the Senate can statement, but we have been working Mr. CARPER. Madam President, I am file a first-degree amendment to this really hard with three groups: the joined on the floor by Senator WHITE- bill. That is important to do. And I group who sponsored S. 3414, the Cyber- HOUSE, so we might take a moment

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.014 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5814 CONGRESSIONAL RECORD — SENATE August 1, 2012 here with the chairman to have a little our Department of Homeland Security Commerce Committee primarily, al- bit of a colloquy and then head off to was going to say: These are our stand- though we in the Judiciary Committee another hearing. ards, and we expect companies and in- have had some input as well. So while While he is here, I wanted to say a dustries in critical areas to comply there has been no specific hearing on special thank-you to Senator WHITE- with these, and that is it. the assembled bill, because it covers so HOUSE for the work he and JON KYL, That is an oversimplification of the many committees, it has to be brought our colleague from Arizona, and CHRIS original legislation, but we have moved together at some point, and its compo- COONS, our colleague from Delaware, so far away from that, it is amazing. nents have had extensive committee and others have done in really helping We have moved from a command-and- work. So we have all put a lot of effort to put the meat on the bones, if you control system to one where we say to into this, and we have actually all will, of our original legislation. And critical industries, sensitive industries: come a very long way, I believe. they have done great work. I really ad- Listen, you figure out amongst your- Our window is very short, and I hope mire them, and I thank all of them. selves what the best practices and and expect we can use the hours ahead Over at the other end of the Capital, standards ought to be for protecting of us literally to work to close this they have spent a whole lot of time in you and your businesses and your gap. But I believe the distance we have recent weeks and months on the issue ideas. You figure it out, you share come, and particularly that last bit of of Fast and Furious, and I wanted to those ideas, develop those ideas, really, distance, when the chairman changed mention that one of the reasons I think in a collaborative way with a council S. 3414 to go from a traditional manda- the American people are furious with that includes the Department of Com- tory regulatory system to the new vol- us is we are not moving fast enough to merce, the Department of Justice, the untary standards, really has moved us deal with the economy and to create Department of Defense, Homeland Se- in enormous ways. We are almost on jobs. Yet government doesn’t create curity. And then, in an interim proc- the 1 yard line now, and I believe it jobs. Presidents don’t create jobs. Gov- ess, we refine those ideas, refine those would be such a shame, with things ernors don’t create jobs. As a former best practices, and refine those stand- being that close, if we couldn’t close Governor, I know this. Members of the ards, which would then be imple- the deal. Senate don’t create jobs. We help cre- mented. If companies don’t want to I would like to ask the chairman to ate a nurturing environment for jobs comply with them, they do not have to. react to that assessment of our situa- and job creation. That includes a lot of It is on a voluntary basis. If they do, tion, and I would also like to ask him things, such as a world-class work- there are rewards. If they do not, they to react to one other point, which is force, access to capital, infrastructure, do not participate in those rewards, in- that the House took action on cyber se- access to reasonably priced energy and cluding protection from liability. curity but it only did so in the form of reasonably priced health care. But it Sometimes we get stuck on legisla- legislation on information sharing. All also includes, as we go forward in time, tion, and we just say: This is it, and we of our information—the letter yester- the assurance that if a company spends are not going to change it. This is it, day from General Alexander and every- a lot of money—a lot of R&D and in- and we are not going to let you do that. thing we have heard from our national vestments—and it comes up with a But here we have changed this legisla- security officials—is that is not really good idea that has commercial tion dramatically and I think for the enough. application, that before it can even We have two really important jobs. build that idea, create that idea, or sell better. Some people say we changed it One is information sharing, and the that idea in this country and manufac- too much in order to get to ‘‘yes.’’ The last thing I would say before I other is defending America’s privately ture and sell it around the world, the yield to Senator WHITEHOUSE is that owned critical infrastructure—our idea is not going to be stolen—stolen— the legislation before us is not a Demo- electric grids, our communications by someone from another country who cratic idea, nor is it a Republican idea. networks, our data-processing systems. will use that idea to make money on Those are our great liability. Those are their own. This is not a conservative idea. This is That introduces an uncertainty in not a liberal idea. This is a good idea, the things Secretary of Defense Pa- this country we have never had to and this is an idea that has gotten bet- netta was referring to when he said worry about before. We just have not ter over time. This is an idea whose that the next Pearl Harbor we confront had to worry about that before. But, as time has come. And we need to be could very well be a cyber attack. General Alexander has said and has mindful of the fury across our country. So are we as close as I think and is it been quoted here already today, the We need to move faster to take good important that the Senate do its job greatest economic thievery in our his- ideas like this and make them better because the House simply failed to ad- tory is underway right now through and to implement them. dress the critical infrastructure part of cyber security. This is as much a jobs With that, I yield to Senator WHITE- our responsibilities? issue as it is a security issue. It is an HOUSE, and again a big thank-you for Mr. LIEBERMAN. Again, I thank our economic security issue, and we have the great work he and Senators COONS friend from Rhode Island for the ex- to be mindful of that. and KYL have done, as usual. traordinarily constructive role he has I have spoken to some of our friends The ACTING PRESIDENT pro tem- played—unusual here, unfortunately— over at the chamber of commerce with pore. The Senator from Rhode Island. in bringing the group of eight Mem- whom we work on a variety of issues Mr. WHITEHOUSE. Madam Presi- bers, four Democrats and four Repub- and said to them that we need their in- dent, at this point I will speak, if I licans, together. Senator WHITEHOUSE, volvement and support. We need them may, in the nature of a colloquy with along with Senator KYL of Arizona, to help us get through this. If they the chairman and with the Senator created a bridge that really invited have good ideas, if they have read the from Delaware, but first let me thank Senators COLLINS, FEINSTEIN, ROCKE- legislation as it is redrawn and want to the Senator from Delaware for his very FELLER, CARPER, and me to come half- share those ideas with us today, Demo- kind remarks. Senator CARPER, as ev- way across to change our bill from crats and Republicans, that would be a erybody knows in the Senate, is really mandatory to voluntary. huge help. a bellwether of bipartisanship, and he So my answers to the Senator’s two I hope everybody over at the chamber constantly seeks cooperation. So I ap- questions are yes and yes. We are a lot is watching today, and I hope they hear preciate very much his efforts to bring closer than we were really just a this request for them to be more in- us together. month ago—a matter of weeks ago. volved in a constructive way. It is not The chairman has been working very There is a remaining difference, and it so much that we need them in the Sen- hard on these bills for many years, and is real. But considering where we have ate, we need them as a country, and the bill on the floor now is the product come from, if we show a willingness to the folks who are their members across of considerable work in his com- compromise—and again, as I have said the country need them to be involved mittee—Homeland Security and Gov- over and over, not a compromise of as well. ernmental Affairs Committee—consid- principle—that acknowledges that if This legislation started out as more erable work in the Intelligence Com- everybody in the Senate insists on get- of a command-and-control deal where mittee, and considerable work in the ting 100 percent of what they want on

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That is greater length than I might have or means changing where we are now. why we need this set of standards, best perhaps more than he expected, but his That is why, as my friend from practices, computer hygiene—no longer questions were right on target, and I Rhode Island knows, we are going to mandatory but we create an incentive. thank him for giving me the oppor- keep meeting today with the other It is as if a company chooses to go into tunity. leading sponsors of the bill and with what my friend from Rhode Island has Mr. WHITEHOUSE. Will the Senator the peacemakers in between to see if quite vividly described as Fort Cyber yield for another question? we can find common ground and avoid Security. We are going to build Fort Mr. LIEBERMAN. Yes. what I think could be a very dis- Cyber Security of the best practices to Mr. WHITEHOUSE. I mentioned, to appointing cloture vote—a very divi- defend cyber security, and we are going use the Senator’s words, it was impor- sive, very destructive cloture vote—to- to leave it to the companies that oper- tant to help the private sector morrow. ate critical infrastructure totally on strengthen itself. Some of the debate The second point is a very important their own whether they want to go into that has surrounded this bill has sug- one; that is, the House has acted, but it Fort Cyber Security. If they do, they gested that if we just get the heavy has only acted with regard to informa- will have some significant immunity hand of government out of the way and tion sharing. This is important, but it from liability in the case of a major at- let the nimble private sector do its is only half the job. The information tack. thing to protect critical infrastructure, sharing, in brief, says that private My answer to the Senator’s questions all will be well, and that a purely pri- companies that operate critical infra- are yes and yes. I just want to come vate sector way of proceeding is the structure can share with other private back to something the Senator said at best way to proceed. companies if they are attacked or as the outset of his remarks. I never know In that context, the Senator men- they begin to defend themselves so how much this argument weighs on tioned the study that showed that only they mutually can strengthen each Senators’ minds, but once again it is 13 percent of the private businesses other. They can also share with the being made here, which is this bill has that were reviewed were adequately government, and the government, par- received no hearings; it is not ready for cyber security prepared. The NCIJTF, ticularly through the Department of action. which is the FBI-led joint task force Homeland Security and the National Good God. I went back and looked at that protects our national cyber infra- Security Agency, can help the private the RECORD. I attended my first hear- structure, has said that when they de- sector strengthen itself. Those kinds of ing on cyber security held in what was tect a cyber attack and they go out to communications, which are critical then the Governmental Affairs Com- work with the corporation that has and would seem natural, don’t happen mittee—it is now the Homeland Secu- been attacked, 9 out of 10 times the now in too many cases because the pri- rity and Governmental Affairs Com- corporation had no idea. It is not just vate sector is anxious about liability mittee—chaired then by Senator Fred a government agency, the NCIJTF, that it might incur. Even the public Thompson in 1998, 14 years ago. I can saying that, there is a company called sector is limited in how much it can tell my colleague that in recent years, Mandiant which is sort of ‘‘Who are reach out or help. So it is important Senator COLLINS and I have held 10 you going to call? Ghost Busters.’’ that the House has addressed that part hearings on the subject of cyber secu- When someone is hit, they come in and of it. rity. That is only in our committee. help the companies clean up. They say I will say—and not just parentheti- That is not counting judiciary, intel- the same thing: Out of 10 times, these cally—that there has been very signifi- ligence, commerce—I think foreign re- companies had to find out that they cant concern of a lot of Americans and lations may have held some hearings had been penetrated from a govern- a quite remarkable coalition of on it too. In fact, we held a hearing ment agency telling them, ‘‘By the groups—remarkable in the sense that just earlier this year, I believe it was way, you have been hacked. They are it is right to left, along the ideological March, on cyber security and the legis- in there.’’ spectrum—about the personal privacy lation that we knew we were going to In fact, he said 48 out of the last 50 rights of the American people, that bring forward. This has been heard. companies they dealt with had no idea. they not be compromised as a result of I wish to say this too. I mentioned The Aurora virus hit 300 American this information sharing. Senator REID’s commitment to doing companies, and only three of them Those privacy advocacy groups are something about cyber security. Last knew it. The chamber of commerce, not happy with the House information- year—I am trying to think, but I can- which is very active in this debate, had sharing bill. I am pleased they have not remember a time on another bill Chinese hackers with complete impu- praised what we have tried to do as a where I saw this happen—Senator REID nity throughout its cyber systems result of negotiations with colleagues asked the Republican leader, Senator without knowing about it for at least 6 in this Chamber who are concerned MCCONNELL, to join him in calling in months. It was only when the govern- about privacy. The point Senator the Democratic chairs and the ranking ment said, ‘‘By the way, guys, your WHITEHOUSE makes is so true, but that Republican members of all the relevant info was on a server in China,’’ that is only half the job. Everybody who committees, relevant to cyber security they realized, ‘‘Oh, my gosh; we have cares about cyber security has said it. that we just talked about, and made an been hacked too.’’ There was, I must say, an encour- appeal that we work together to bring Then the Senator has used the sta- aging, inspiring, for us, editorial in the one bill which he would then, as he has tistic I have used before—that General New York Times today, supporting es- done before when a subject covers more Alexander, who is head of Cyber Com- sentially S. 3414, the underlying bill, than one committee, blend into a sin- mand, has adopted—which is that and crying out to us to take action and gle bill and bring to the floor under America is now on the losing end of the not get dragged down into gridlock by majority leader’s authority pursuant biggest transfer of wealth in history special interest thinking. But here is a to rule XIV of the Senate rules, which through illicit means as a result of statistic that jumped out at me. I saw he has done today. cyber industrial espionage—stealing it once before, but we have not heard it So there has not been a specific hear- from us our chemical formulas, our in this debate. In a Times editorial ing on this bill, but Lord knows there manufacturing processes, and various today entitled ‘‘Cybersecurity at have been a lot of hearings and this bill things that create value in the coun- Risk,’’ this sentence: ‘‘Last year, a sur- has been vetted and negotiated not try. vey of more than 9,000 executives in only with many Members of the Senate So I am not just pinpointing indi- more than 130 countries by the but by our committee and all the other vidual examples. If we look at it from

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I look forward that. watching this with real anxiety every to working with them, and I thank It also helps us develop the vital in- day know is an adequate standard to them for the incredible amount of work frastructure we need for energy devel- meet the needs. and diligence they are putting into this opment. A great example is the Key- If the Senator from Connecticut extremely important effort. I rise this stone XL Pipeline, a $7 billion 1,700- would respond, I would be grateful. morning to speak on the incredible im- mile pipeline that would move oil from Mr. LIEBERMAN. Basically, I would portance of energy security for our Canada to our refineries in the United say I agree. There is not much I could country. States, but that would also move oil add to that. This is not legislation that Last week I introduced the Domestic from my home State—100,000 barrels a is a solution in search of a problem. Energy and Jobs Act along with 30 day for starters—to refineries. We need This is a real problem. Again, we are sponsors on the legislation. It is a com- that vital infrastructure. That is just hearing it from all the cyber security prehensive plan for energy security for one example. experts. our country. When I say energy secu- This legislation also develops our re- If the private sector owners of crit- rity, what I mean is producing more sources on public lands as well as pri- ical cyber infrastructure—electric energy than we consume; getting our vate lands. So we are talking about ex- power grids, telecommunications, fi- Nation to energy security by not only pedited permitting both onshore and nance, water dams, et cetera—if they producing enough energy for our needs, offshore, on private lands and on public were taking enough defensive action, but even beyond that. It is absolutely lands, including for renewables. It sets we wouldn’t want to act, but they are doable. There is no question we can do realistic goals. It sets a market-based not. And we understand why. We have it. approach that would truly foster all of talked about this. A lot of the CIOs— It is about pursuing an all-of-the- our energy resources rather than pick- ing winners and losers. It would also chief information officers—in compa- above strategy, and I mean truly pur- put a freeze and require a study of nies get frustrated that their CEOs suing an all-of-the-above strategy; not rules that are driving up gasoline don’t want to devote enough time and saying it and then picking certain prices that are hitting families and resources to beefing up their cyber de- types of energy we want and don’t want businesses across this country. And it fenses. but, instead, creating a climate and a includes legislation that Senator MUR- The Senator said something very im- national comprehensive energy policy KOWSKI of Alaska has added to our portant, which is cyber theft and cyber that truly empowers private invest- package that would require an inven- attack is so insidious that a lot of peo- ment to develop all of our energy re- tory of critical minerals in the United ple and companies who are victims of sources and all types of energy. States and set policies to develop them cyber attack don’t even know it. My The Domestic Energy and Jobs Act is as a key part of developing a com- great fear is that there is a lot of actually a package of energy bills. prehensive energy approach and a com- malware or bugs—I called it cyber cells Many of these have already passed the House, and we have introduced them prehensive energy plan for our country. earlier—planted in some of our critical So what is the impact? The U.S. now in the Senate as well—13 separate cyber control systems in our country Chamber of Commerce in March of last pieces of legislation pulled together waiting for the moment when an year put forward a report. In that re- into this energy package, with energy enemy wants to attack us. port they showed there are more than Senator REID yesterday pointed to leaders from both the House and the 350 energy projects nationwide that are the terrible tragedy in India where the Senate. It clearly demonstrates that being held up either due to inability to power system has gone out. There is no we have a strategy, we have a com- get permitted or regulatory burden, as evidence there was a cyber attack, but prehensive energy plan to move our I have described—more than 350 I saw today that 600 million people are country, and it is ready to go. projects—that if we could just If we look at the situation right now, without electricity. It has had a ter- greenlight these projects, they would there are hundreds of billions of dollars rible effect on quality of life, on the generate $1.1 trillion in gross domestic economy, et cetera. Unfortunately, of private investment, of capital that product and create 1.9 million jobs a this is what an enemy who is capable would be invested in energy projects in year just in the construction phase. today could do to us, and they are out this country, but they are being held So this legislation truly is about en- there. up. These projects are being held on ergy—more energy, better technology, Mr. WHITEHOUSE. The only reason- the sidelines because of the inability to and better environmental stewardship. able conclusion one could draw is that be permitted or because of burdensome But it is also very much about creating it would be prudent to view, with some regulation. We need to create the kind jobs—creating jobs at a time when we caution and some skepticism, the of approach, the kind of business cli- have more than 8.2 percent unemploy- claims of folks who are hacked and mate, the kind of energy policy that ment, more than 13 million people out penetrated at will—and who often usu- will unleash that private investment. of work and looking for work. This will ally don’t even know it—that: Don’t That is exactly what this legislation create an incredible number of jobs. It worry. Trust us. We can take care of does. is about creating economic growth. this. Everything is fine. First, it reduces the regulatory bur- Look at our debt and our deficit. Our Mr. LIEBERMAN. I thank my friend. den so these stalled energy projects— debt is now approaching $16 trillion. And, of course, I agree. That is why we again, hundreds of billions of dollars in We need to get this economy going and are legislating—but we are trying to private investment, not government growing to reduce that deficit and re- legislate as minimally as we possibly spending but in private investment— duce that debt along with controlling can—to begin to solve this problem. that would move forward with energy our spending. But we need economic I yield the floor. The Senator from projects that would not only develop growth to get on top of that debt and Maryland is here. The Senator from more energy more cost effectively and deficit. As I described, just the 350 North Dakota is here. more dependably, but also with better projects alone and $1.1 trillion in GDP Mr. HOEVEN. I thank the Senator. I environmental stewardship, deploying to help create that economic growth, certainly want to accommodate the the latest, greatest technology that to put people to work, and help reduce schedule. would produce the energy, and do it our deficit and our debt. Mr. LIEBERMAN. In the order of with better environmental steward- Let’s talk about national security. fairness, we yield to my friend from ship—not only for this country but ac- The reality is with the kind of ap- North Dakota. tually leading the world to more en- proach I am putting forward in the

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We can Look what is going on in the Middle working American families? I think we act when it is in our power to protect, East. Look what is going on in Syria. all know the answer to that. defend, and deter these attacks. That is What is going to happen there? Look at The time to move forward is now. It what I want. I want us to have a sense what is going on in Iran and their ef- couldn’t be more clear. We control our of urgency. I want us to go to the edge forts to pursue a nuclear weapon and own destiny. We need to take action. of our chair. I want us to put our best what is going to happen with the Strait We need to move forward on the kind thinking on to be able to do the kind of of Hormuz. An incredible amount of oil of energy plans that truly benefit our job we need to do to find a sensible cen- goes through that area. Look at what people and our country. I call on my ter on how we can do that. is happening in Egypt with the Muslim colleagues to join me in this effort. Right now our adversaries are watch- Brotherhood. Do we really want to be I yield the floor. ing us. We are debating on how we will dependent on the Middle East for our The ACTING PRESIDENT pro tem- protect America from cyber attacks, oil? pore. The Senator from Maryland. and it looks like we are doing nothing. I think the American people have Ms. MIKULSKI. Madam President, I When all is said and done, more gets come to the floor today to talk about said very clearly no, and we don’t have said than gets done. Our adversaries cyber security, the pending Lieberman- to be. We just need the right approach don’t have to spy on us. They can look Collins bill, and the need to act—and to make it happen right here and to at the Senate floor and say: What the the need to act before we adjourn for work with our closest friend and ally, heck are they doing? What are they the August break. Canada. I come today to the floor as I did going to do? They are going to look at The reality is developing our energy when I spoke yesterday. I don’t come us and say: There they go again. resources is an incredible opportunity, We know our own inability to pass as a Democrat, I come as an American. and we need to seize it right now, with legislation, our own partisan gridlock If ever there was an issue where we both hands. We can do it. That is ex- and deadlock works for our predatory have to forget if we are red States or actly the plan we are putting forward. enemies in a positive way. They are blue States, it is this issue. Earlier this year we passed legisla- I am going to stop my remarks. I saying, well, our first line of attack is tion through the House and through note the Senator from Arizona is on for them to do nothing. They are the Senate in conjunction with the the Senate floor, and I know he was thinking how they can make sure the payroll tax credit legislation. Attached scheduled to speak at 12:45. I was critical infrastructure is vulnerable. to it we required the President to make scheduled to speak at 11:30. I have How can they weaken the critical in- a decision on the Keystone XL Pipe- about 10 minutes. I just want to ac- frastructure? One way is by not passing line. He chose to turn it down. Shortly knowledge where we are. legislation and putting in those hard- after that, the Prime Minister of Can- So resuming my comments, Madam ened, resilient ways to protect, defend, ada, Stephen Harper, went to China. He President, what I wanted to say is this: and deter. Our adversaries are laughing met with Chairman Wu and China’s en- This is when we have to forget we are right this minute. They just have to ergy leaders, and he signed a memo- red States or blue States, we have to watch us. Well, this is no laughing randum of agreement. That memo- forget what we have on our bumper matter. randum of agreement between China stickers, and we have to come together What is the intent of a cyber attack? and Canada called for more economic and not be the red State party or the What is the intent? Is it the same in- cooperation and more energy develop- blue State party but to be the red, tent as a nuclear attack? Is it the same ment, with China working in conjunc- white, and blue party for the United attempt as flying into the World Trade tion with Canada. States of America. We must put aside Center? It is all the same. It is to cre- Just last week, CNOOC—one of Chi- partisan differences and ideological ate chaos, it is to create civil insta- na’s largest government-controlled viewpoints. We need to act, and we bility, and it is to create economic ca- companies—made a $15 billion tender need to act in the defense of the United tastrophe that makes 9/11 look minus- offer for the Nexen Oil Company, a States of America. cule. large oil company in Canada, to pur- The Senate has a great opportunity Just think about a cyber attack in chase their interests in the Canadian today and tomorrow to pass legislation which our grid goes down. Think of a oil sands. It also includes mineral in- to protect, defend, and deter a cyber blackout in New York. Think of a terests offshore, lease interests off- attack on the critical infrastructure of blackout in Baltimore. Remember shore of the United States in the gulf the United States of America. when we did the cyber exercise here region, as well as in the North Sea What do I mean by critical infra- where it showed what would happen? area. But primarily it is an acquisition structure? It is our electrical power The stop lights go down, the lights go by the Chinese of huge amounts of grid, our financial services, our water out in the hospitals, the respirators go tracts in the oil sands in Canada. supplies. It is those things that are the off, business shuts down, commerce So just what we said: If we don’t bread and butter of keeping America, shuts down, 9–1–1 shuts down, America work with Canada on projects such as its businesses, and its families going. is shut down, and we will be powerless the Keystone XL Pipeline, the oil that Through voluntary participation, we and impotent to put it back on in any is produced in Canada, instead of going can work with the private sector that quick and expeditious manner. to the United States will go to China owns and operates the critical infra- Right now we are in the situation or Americans will be put in the posi- structure to keep our critical infra- where we have an early missile detec- tion of buying Canadian oil from the structure hardened and resilient tion. We know the cyber attack will Chinese because of a failure to act on against attack. come. We need to do something. With key projects such as the Keystone XL I worry about the possibility of an this cyber attack, think of the chaos of Pipeline because we are not acting on attack. We know there are already at- no electricity. Just think of it. We the kind of energy policy we are put- tacks going on, particularly in our fi- have all lived through blackouts, and ting forward right here. nancial services. We know our personal we had a terrible freak storm here a Ask the American people what they identities are being hacked, and we few weeks ago. No matter how late want. What they want is that we move know small business is being attacked. Pepco, BG&E, and Dominion was in re- forward with the energy package we I will give examples later on. Not only sponding, they can get the electricity put forward, and we need to do it. If we do I worry about an attack, I equally back on. What happens if they can’t check gas prices, they are now back up worry about our inertia, where we do get the electricity back on? What hap- to $3.50 a gallon national average. nothing. pens if they can’t get it back on for

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I believe over us, and to cripple our functioning leagues now: Let’s either vote for clo- we can work this out. We understand as a society. I find it chilling. ture or come to a regular agreement to that cyber security is important and of We saw an attack on a little country be able to offer amendments. For those transcendent importance. But to some- called Estonia. That is how I got into who worry about the costs, for those how allege that the business commu- this. I was sitting on the Intelligence who worry about regulation, for those nity, the 3 million businesses in Amer- Committee—I can say it now because it who worry about homeland security, I ica, should be left out of this discus- has been more than 5 years ago—and it understand that. That is why I would sion, of course, is not appropriate nor was brought to my attention that Esto- be willing to sunset the bill so we can do I believe it will result in effective nia—a brave little country that re- always look ahead and reevaluate this. cyber security legislation. sisted communism, challenged the So- I want everyone to know if a cyber at- NATIONAL SECURITY LEAKS viet Union, and is now a part of tack comes and happens to the United I really came to the floor today to NATO—was being attacked. The elec- States and we have failed to act, we talk about the issue of the leaks, the tricity was going off around Estonia. will overreact, we will overregulate, leaks which have directly jeopardized We thought, from the Intelligence and we will overspend. America’s national security. At the Committee, it would be the first cyber Why do I have a sense of urgency Aspen Security Forum, just in the last attack on a NATO nation, and we were right now? Let me say this: When we few days, the head of Special Oper- going to trigger the NATO Charter ar- adjourn tomorrow for the August ations Command, Admiral McRaven, ticle V that an attack on one is an at- break, we don’t come back until Sep- observed that the recent national secu- tack on all. tember 10. We will go out somewhere rity leaks have put lives at risk and Thanks to the United States of around October 1. That means if we may ultimately cost America its lives America and our British allies, we had don’t act by tomorrow or Friday, we unless there is an effective crackdown. the technical know-how to go in and will essentially only have about 14 Admiral McRaven, the head of our Spe- help them. Who is going to have the working days in September to do this. cial Operations Command said: technical know-how to help us? We Well, we can’t let this go. We need to do the best we can to clamp have the technical know-how right now I conclude my remarks by saying down because sooner or later it is going to to make our critical infrastructure this: To my colleagues on both sides of cost people their lives or it is going to cost hardened and resilient. We shouldn’t the aisle, let’s be the red, white, and us our national security. harden our positions so we can’t get to blue party. Let’s come to the middle This is another national security a resilient critical infrastructure. ground. Let’s do what we need to do to issue, my friends, and I appreciate very I could go on with examples. I know protect and defend the United States of much the fact that Governor Romney my colleague from Arizona wants to America. There are good people who rightly referred to these leaks as con- come to the floor, but I just want to have been working on this. Some have temptible and a betrayal of our na- say one more thing. I have been in- extraordinary national security cre- tional interests. volved in this from not only my work dentials. Let’s put our best heads to- I wish to point out to my colleagues on the Intelligence Committee, but we gether and come up with the best that, yes, there are supposedly inves- fund the Justice Department through amendments. Let’s come up with the tigations going on and, according to the Appropriations Committee, and best protections of the United States of media, hundreds of people are being they are very involved and hands on America, and let’s do it by tomorrow interviewed. Well, I am no lawyer. I am with the policy issues around the FBI. night. no prosecutor. Senator GRAHAM may Now, if Director Mueller were here, God bless America. I yield the floor. have some experience in that. But what he would say the FBI currently has The ACTING PRESIDENT pro tem- about the 2009 G20 economic summit 7,600 pending bank robbery cases. Guess pore. The Senator from Arizona. when, according to the New York what. He has 9,000 pending cyber bank- Mr. MCCAIN. Madam President, I ask Times journalist David Sanger, ‘‘a sen- ing attacks. There are more cyber to engage in a colloquy with the Sen- ior official in the National Security heists than there are regular heists. ator from Georgia, Mr. CHAMBLISS, the Council’’ tapped him on the shoulder That doesn’t make it right. Senator from South Carolina, Mr. and brought him to the Presidential Now, is a cyber attack coming? Is it LINDSEY GRAHAM, and if he wants to, suite in the Pittsburgh hotel where something out of Buck Rogers or Betty the Senator from Indiana, Mr. COATS. President Obama was staying and Rogers or the cyber Betty Crocker The ACTING PRESIDENT pro tem- where ‘‘most of the rest of the national cookbook or whatever? The NASDAQ, pore. Without objection, it is so or- security staff was present.’’ There the as the gentlelady from New York dered. journalist was allowed to review sat- knows, the NASDAQ and New York Mr. MCCAIN. Madam President, be- ellite images and other evidence that Stock Exchange has already been at- fore I go to the issue we want to dis- confirmed the existence of a secret nu- tacked. Hackers repeatedly penetrated cuss, I want to point out in this debate clear site in Iran. the computer networks at the that has become so impassioned that I wonder how many people have the NASDAQ stock market. The New York the issue of cyber security is one of key to the Presidential suite in that Stock Exchange has been the target of transcendent importance, and I want Pittsburgh, PA hotel? We might want cyber attacks. That sounds so vague to again reiterate my respect, appre- to start there. Instead, we have two but, remember, successful attempts to ciation, and affection for both Senator prosecutors, one of whom was a strong shut down or steal our information are LIEBERMAN and Senator COLLINS. and great supporter of the President of going on every day. I also point out to my colleagues the United States. And the same peo- Madam Chair, do you remember in that the people who are directly af- ple—I am talking about the Vice Presi- 2010 the Dow Jones plunged 1,000 points fected by this—and that is the business dent of the United States and others— because of a flash crash? That was a re- community of the United States of who strongly supported a special coun- sult of turbulent trading. That can be America—are unalterably opposed to sel in the case of Valerie Plame and, of manipulated by cyber, and it could the legislation in its present form. course, the Abramoff case. We need a happen several times a week. What are They are the ones who will be affected special counsel to find out who was re- we going to do? most dramatically by cyber security sponsible for these leaks. Our banking industry clears $7 tril- legislation. The U.S. Chamber of Com- I ask my colleague Senator GRAHAM lion worth of financial goods, products, merce, which represents 3 million busi- if he has additional comments on this and actual real money every day. nesses and organizations of every size, issue. It has receded somewhat in the

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.021 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5819 media, but the damage that has been this government surrounding the Presi- the programs we are talking about: done to our national security is signifi- dent, intentionally, over a 45-day pe- Shut the F up. Well, that makes great cant. It has put lives at risk, and it has riod, leaked various stories regarding reading, but at the end of the day, betrayed our allies. This is an issue we our national security programs, to should we be reading about all this? cannot let go away until those who are make the administration look strong People’s lives are at stake. Programs responsible are held accountable for on national security. I don’t think it is have been compromised. Our allies are these actions. an accident that we are reading in the very reluctant now to do business with Mr. GRAHAM. Madam President, my paper about efforts by the administra- us. comment, in response to the question tion and our allies to use cyber attacks This was, in my view, an intentional Senator MCCAIN has, is what we do against the Iranian nuclear program as effort by people at the highest level in today becomes precedent for tomorrow. a way to try to head Israel off from the White House to leak these stories So are we going to sit on the sidelines using military force. I don’t know if it for political purposes. And to accept here and allow the Attorney General— happened, but the details surrounding that Eric Holder is going to appoint who is under siege by our colleagues in the cooperation between us and Israel two people within his sphere of influ- the House about the way he has han- and how we engaged in cyber attacks ence and call it a day is acceptable. dled Fast and Furious and other mat- against the Iranian nuclear program That is not going to happen. We are ters—to appoint two U.S. attorneys are chilling and something we should going to do everything we can to right who have to answer to him to inves- not read about in the paper. this ship, and we are asking no more of tigate allegations against the very The second thing we read about in our Democratic colleagues than they White House that appointed him? The the paper was how we disrupted the un- asked of the Bush administration. reason so many Democrats wrote to derwear bomber plot where there was a To our Democratic colleagues: How President Bush and said, You cannot double agent who had infiltrated an al- do you justify this? How do you justify possibly investigate the Scooter Libby- Qaida cell, I believe it was in Yemen, that you couldn’t investigate Abramoff Valerie Plame leak because it involves and how we were able to break that up; without a special counsel and you people very close to you—well, let’s and the man was given a suicide vest couldn’t investigate what Scooter read some of the letters. BIDEN, that was new technology and couldn’t Libby may or may not have done with- DASCHLE, SCHUMER, and LEVIN letter to be detected by the current screening out a special counsel, but it is OK not President Bush, October 9, 2003: devices at the airports, and how we to have one here? How do you do that? We are at risk of seeing this investigation were able to basically infiltrate that Mr. DURBIN. Mr. President, will the so compromised that those responsible for cell, and God knows the damage done Senator yield for a question? this national security breach will never be to our allies and that operation. Mr. GRAHAM. Absolutely. identified and prosecuted. Public confidence Mr. MCCAIN. Could I ask my friend, The PRESIDING OFFICER (Mr. in the integrity of this investigation would isn’t it also true that this individual FRANKEN). The Senator from Illinois. be substantially bolstered by the appoint- had some 23 family members whose Mr. DURBIN. The Senator asked ment of a special counsel. lives were also placed in danger be- whether this side would like to explain Senator BIDEN: cause of the revelation of his identity? our position. I would be happy to do it I think they should appoint a special pros- Mr. GRAHAM. That is what we have at this point, but I can wait until my ecutor, but if they’re not going to do that, been told in the paper. colleagues finish their colloquy, so it is which I suspect they’re not, is get the infor- We also have a story about the kill their choice. mation out as quick as they possibly can. list—a blow-by-blow description of how Mr. GRAHAM. Whatever the Senator This is not a minor thing . . . There’s been a from Illinois wishes to do. I am dying federal crime committed. The question is President Obama personally oversees who did it? And the President should do ev- who gets killed by drones in Pakistan, to hear how my Democratic colleagues erything in his power to demonstrate that and at the end of the day, I am not so think it is good government not to there’s an urgency to find that out. sure that is something we should all be have a special independent counsel in- Then he goes on later and says: reading about. vestigate the most damaging national There’s been a federal crime committed. But if that is not enough, what about security leak in decades. I am dying to You can’t possibly investigate yourself be- releasing the Pakistani doctor—the hear the explanation. cause people close to you are involved. person who allegedly helped us find bin Mr. DURBIN. There is no need to die. In the Abramoff scandal, which in- Laden, and his role in this effort to I hope the Senator from South Caro- volved Jack Abramoff, a person very find bin Laden is also in the paper, and lina will continue living a good life be- close to House leadership and some now he is in jail in Pakistan. cause he is such a great Senator. But I people in the Bush administration, and The sum total is that the leaks have am asking if my colleague wants me to our Democratic colleagues, 34 of them, been devastating. They have put peo- join in this dialogue or would he rather said the following: ple’s lives at risk. They have com- make his presentation? promised our national security, unlike Mr. GRAHAM. Well, I tell you what. FBI officials have said that the Abramoff investigation ‘‘involves systematic corrup- anything I have seen, and people expect Why don’t we let my colleague speak, tion within the highest levels of govern- us to sit on the sidelines and let the and then the Senator from Illinois will ment.’’ Such an assertion indicates extraor- White House investigate itself? No have all the time he needs. What does dinary circumstances and it is in the public way. my colleague, the Senator from Geor- interest that you act under your existing Those who wrote letters in the past gia, Mr. CHAMBLISS, think? statutory authority to appoint a special suggesting that Bush could not impar- Mr. CHAMBLISS. Well, I am dying to counsel. tially investigate himself, where are hear his explanation too, let me say So our Democratic colleagues back they today? Is this the rule: We can’t that. during the Bush administration said, trust Republicans, but we can trust First of all, let me say that I join in We don’t trust you enough to inves- Democratic administrations to get to with everything my two colleagues tigate compromising national security the bottom of things they are involved have said with respect to, No. 1, the by having an agent outed allegedly by in up to their eyebrows? volume of the leaks that have come out members of your administration. We Do we think it is an accident that all in recent weeks. We all know this town don’t trust the Republican Party appa- of these books quote senior White has a tendency to leak information ratus enough to investigate Jack House officials? There is a review of from time to time, but never in the Abramoff, because you are so close to one of the books the Senator from Ari- volume and never with the sensitivity him, and you should have a special zona mentioned that talked about the of the leaks we have read about on the counsel appointed. unprecedented access to the National front page of newspapers around the Well, guess what. They did. Security Adviser. There is a vignette in country as we have seen in the last few Here is what I am saying. I don’t one of the books where the Secretary weeks. trust this White House to investigate of Defense goes up to the National Se- Irrespective of where they came themselves. I think this reeks of a curity Adviser and suggests a new com- from, to have folks who may be impli- coverup. I think the highest levels of munications strategy when it comes to cated in the White House, and the

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But why would we even independent panel of intelligence ex- legislation. So we understand cer- put them in the position of having to perts, and that panel is to review the tainly—I and members of the Armed investigate in effect the individual who information and then decide whether Services Committee and others under- appointed them to the position they any of it is classified and shall not be stand—the importance of this issue. are in? That is why we are arguing that released. In one of the instances we We also understand that those who a special counsel is, without question, have, one of those individuals never are directly affected by it—those con- the best way to go. I am interested to submitted his book to that panel. In cerns need to be satisfied as well. I hear the response from my friend from another instance, an individual sub- commit to my colleagues to continue Illinois to that issue. mitted his book to the panel, and the nonstop rounds of meetings and discus- Let me talk about something else for panel said: You need to be careful in sions to try to get this issue resolved. a minute, and that is the impact these these areas. And the advice from that To this moment, there are still signifi- leaks have had on the intelligence panel was pretty well disregarded. cant differences. community. The No. 1 thing that indi- One of the provisions in our bill says I say to my friend from Illinois, I viduals who go on the intelligence if someone does that, if someone fails look forward to hearing his convincing committees in both the House and the to submit their book to that panel, or discussion. Senate are told—and I know because I if they disregard what that panel tells I thank the Senator and yield the have served on both of them and con- them to do, then they are going to be floor. tinue to serve on the Senate Intel- subject to penalties. Part of those pen- Mr. President, I ask unanimous con- ligence Committee—is to be careful alties include the possible removal of sent that the Senator from Illinois be what you say. Be careful and make their right to a pension from the Fed- involved in the colloquy. sure you don’t inadvertently—and ob- eral Government—the portion the gov- The PRESIDING OFFICER. Without viously advertently—reveal classified ernment is obligated to pay them, not objection, it is so ordered. information. Be sure that in your com- what they have contributed. Mr. DURBIN. I did not know if the ments you never reveal sources and Our intelligence bill is being criti- Senator wanted to make his unani- methods. cized by some individuals out there. mous consent request that he came to Well, guess what. The individuals And guess who it is? It is the media and the floor to make. who were involved in these leaks were it is the White House. What does that Mr. MCCAIN. No. very overt in the release of sources and tell you about their fear and their par- Mr. DURBIN. The Senator is not methods with respect to the issues Sen- ticipation in the release of classified going to make it? ator GRAHAM referred to as having been information? Mr. MCCAIN. No. The Senator will leaked. Not only that, but lives were So this issue is of critical impor- object. put in danger, particularly the life of tance. It simply has to stop for any Mr. DURBIN. Yes, I will. the individual who was an asset who number of national security reasons, Mr. President, I want to thank my worked very closely with respect to the but the ones that have been addressed colleague from Arizona. Occasionally, underwear bomber issue. We know that by my colleagues obviously are to be historically, on the floor of the Senate to be a fact. highlighted. I look forward to whatever there is a debate, and this may be one But there is also a secondary issue, comments the Senator from Illinois of those moments. I hope it is because and that is this: We have partners may have with respect to justifying—I it is a worthy topic. around the world we deal with in the know he is not going to justify the Let’s get down to the bottom line. I intelligence community every single leaks because I know him too well, but have served on the Intelligence Com- day, and we depend on those partners whatever his justification is for pro- mittee, as some of my colleagues have. and they depend on us to provide them ceeding in a prosecution manner the We know the important work done by with information we have and likewise way the Department of Justice is going the intelligence community to keep that they give to us. A classic example versus what the Bush administration America safe. They literally risk their was detailed of one of these particular did and appointing a special counsel in lives every day for us, and they are leaks on the front page of the New a case that, by the way, pales in com- largely invisible. We do not see them at York Times. Today why in the world parison to the leaks that took place in the military parades and other places would any of our partners in the intel- this particular instance. where we acknowledge those warriors ligence community around the world— Mr. MCCAIN. Mr. President, before who risk their lives, but these men and those partners who have men and we turn to our friend from Illinois for women do it in so many different ways. women on the front lines who are put- his, I am sure, convincing explanation When I spent 4 years on the Senate ting their life in harm’s way and in as to why a special counsel is not re- Intelligence Committee—and my col- danger every single day to gather intel- quired, even though it was, in the opin- leagues, I am sure, feel the same—I ligence information and share that in- ion of his side, in a previous situation, went out of my way to make sure I was formation with us—why would they I want to just, again—and the Senator careful with classified information so continue to do that if they are now from Georgia and the Senator from as to continue to protect this country concerned about that information South Carolina will also corroborate and never endanger those who were being written about on the front page the fact that we have been working and helping us keep it safe all around the of newspapers inside the United States working, having meeting after meeting world. and blasted all over television or wher- after meeting, on the issue of cyber se- So the obvious question raised by the ever it may be? curity. Republican side of the of the aisle is The answer is pretty simple. Very We believe we have narrowed it down whether this President, President honestly, there are some strong consid- to three or four differences that could Barack Obama, thinks differently; erations being given by some of our be worked out over time. Among them whether President Obama believes we partners as to how much information is liability. Another one is information should cut corners and not be so care- they should share with us. That creates sharing. But I think it is also impor- ful when it comes to the leaking of a very negative atmosphere within the tant for us to recognize in this debate classified information. intelligence world. the people who are most directly af- My answer to that is look at the Lastly, let me say that we dealt in fected in many respects are the busi- record. Look at the record and ask this the Intelligence Committee with our ness communities, and it is important basic question: When it comes to pros- authorization bill recently in which we that we have the input and satisfy, at ecuting those believed to have been

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.046 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5821 guilty of leaks of classified informa- Then what happened? If you will re- being taken seriously by this adminis- tion, which President of the United member, when that story broke, the in- tration, as every leak of classified in- States has prosecuted more suspected telligence community of the United formation will be taken seriously. individuals than any other President, States of America said: We have been I know it is an election year. We are Democrat or Republican? Barack betrayed. If one of our own can be fewer than 100 days away from the elec- Obama. outed in a political debate in Wash- tion, and I know the floor of the Senate On six different occasions—five in the ington, are any of us safe? A legitimate is used by both parties this close to the Department of Justice and one in the question. election. But I want to make it clear Department of Defense—they pursued So there was an obvious need to find this President has a record of commit- the active prosecution of those they be- out who did it, who disclosed her iden- ment to protecting the men and women lieved were guilty of leaking classified tity, endangering her life, the life of who gather intelligence for America. information that might endanger the every person who had worked with her, He has a record of prosecuting more United States. and so many other intelligence agents. suspects for leaks of this information Let me add another personal observa- Mr. President, do you recall what than any other President in history. He tion. It was last year when my friend happened? I do. The Attorney General has, through his Attorney General, ap- Bill Daley, then-Chief of Staff to Presi- of the United States, John Ashcroft, pointed two career criminal prosecu- dent Obama, came to Chicago for a recused himself from this investiga- tors to look into this case and said luncheon. It was a nice day. We had a tion. It was the right thing for him to they will have the resources and au- nice luncheon. It was very successful. do because the questions about this thority they need to get to the bottom He said he had to get back to Wash- disclosure of her identity went to the of it. That is the way to do it. ington. He was in a big hurry. He never top of the administration. He recused Will the day come when we say per- said why. He told me later—he told me himself and appointed Patrick Fitz- haps a special counsel is needed? I will much later—after this occurred: I had gerald, the U.S. attorney for the North- not ever rule that out. Perhaps that to get back because we had a classified ern District of Illinois, a professional, a day will come. But it is wrong to come meeting about hunting down Osama professional prosecutor with the U.S. to the floor and question this Presi- bin Laden. We were sworn to secrecy at Department of Justice. dent’s commitment to our intelligence every level of government so that we Well, the investigation went on for a community. It is wrong to come to the never, ever disclosed information that long time. At the end of the investiga- floor and question the credentials of we were even thinking about that pos- tion, the Chief of Staff of the Vice these two men who have performed so sibility. President of the United States was well in the service of the Department Bill Daley took it seriously. The found to have violated a law. That of Justice in years gone by. President takes it seriously. Anyone in came out, and eventually we learned I thought Senator MCCAIN was going those positions of power will take it se- the identity of who actually disclosed to make a unanimous consent request. riously. To suggest otherwise on the the name of Valerie Plame. It was a se- If he wishes to, let me yield to him at floor of the Senate is just plain wrong, rious issue, one that called for a special this point. and it raises a question about this counsel, and, if I remember correctly, Mr. MCCAIN. I would be glad to re- President’s commitment to the Nation, there were even Republicans at that spond to my friend. which I think is improper and cannot point joining Democrats saying: Let’s First of all, obviously, he is in dis- be backed up with the evidence. get to the bottom of this. If this goes agreement with the chairperson of the Now, let’s look at the evidence when all the way to the top, let’s find out Intelligence Committee because she it comes to the appointment of a spe- who is responsible for it. So it was the said these leaks were the worst in the cial prosecutor. Let me take you back appropriate thing to do. 11 years she has been a member of the to those moments when a special pros- Now, take a look at this situation. Senate Intelligence Committee. So, ob- ecutor named Patrick Fitzgerald from This President, who has activated the viously, the Abramoff and the Valerie the Northern District of Illinois was prosecution of six individuals sus- Plame investigations are not nearly as chosen to investigate the leak of clas- pected of leaking classified informa- serious, and they certainly were not sified formation. Let me put it in historical context. tion, takes very seriously the informa- when we look at the incredible damage, We had invaded Iraq. We did it based on tion that was disclosed related to the according to Admiral McRaven, ac- assertions by the Bush-Cheney admin- al-Qaida techniques and all the things cording to anyone who is an observer of istration about the danger to the they were using to threaten the United the incredible damage these leaks have United States. One of those assertions States. caused. dealt with Africa and certain yellow What has he done as a result of it? Again, the chairperson of the Intel- cake chemicals that might be used for Let’s be specific because I really have ligence Committee said it is the worst nuclear weapons and whether they to call into question some of the state- she has ever seen. Admiral McRaven, were going to fall into the hands of the ments that have been made on the as I said, said these have put lives at Iraqi leadership. floor. To say that the administration is risk and may ultimately cost Ameri- It was one of the arguments—there covering this up, as to this leak, is just cans their lives. were many: weapons of mass destruc- plain wrong. I wonder if my colleague from Illi- tion, and so forth, that turned out to At this point, the Department of Jus- nois is concerned when, according to be totally false—leading us into a war tice has appointed two highly respected his book, Mr. Sanger said: ‘‘A senior of- which has cost us dearly in terms of and experienced prosecutors with prov- ficial in the National Security Coun- human lives and our own treasure. en records of independence in the exer- cil’’ tapped him on the shoulder and So one person spoke out. Former Am- cise of their duties. U.S. Attorney brought him to the Presidential suite bassador Joe Wilson, who identified Machen has recently overseen a num- in the Pittsburgh hotel where Presi- himself as a Republican, said: I do not ber of public corruption prosecutions in dent Obama was staying, and—I am believe there is any evidence to back the District of Columbia. U.S. Attor- quoting from Mr. Sanger’s book—where up the assertion about the yellow cake ney Rosenstein has overseen a number ‘‘most of the rest of the national secu- coming out of Africa. of national security investigations, in- rity staff was present.’’ There, the Well, he was punished. Do you re- cluding one of the five leak investiga- journalist was apparently allowed to member how he was punished? He was tions that have been prosecuted under review satellite images and other ‘‘evi- punished when someone decided to out this President. The Justice Depart- dence’’ that confirmed the existence of his wife Valerie Plame. Valerie Plame ment has complete confidence in their a secret nuclear site in Iran. had served as an intelligence agent for ability to conduct thorough and inde- When leaks take place around this the United States to protect our Na- pendent investigations into these mat- town, the first question you have to tion, and someone decided that in order ters in close collaboration with career ask is, Who benefits? Who benefits to get even with Joe Wilson they would prosecutors and agents. from them? Obviously someone who disclose the fact that his wife worked This is not being swept under the wants to take a journalist up to the in the intelligence agencies. rug. This is not being ignored. This is presidential suite would make it pretty

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Yes, six people have been Council to the presidential suite.’’ No was murdered, there is a credibility prosecuted. Do you know at what one has challenged that. problem with this Attorney General of level? A private. The lowest level peo- Mr. DURBIN. I would say to the Sen- the United States. ple have been prosecuted by this ad- ator, I do not know if that has to do Mr. DURBIN. I say to my colleague ministration. And this administration with the information that was ulti- and friend Senator MCCAIN, I deeply re- says they have to interview hundreds mately leaked about al-Qaida. It seems gret the loss of any American life, par- of people in the bottom-up process. as though it is a separate matter. But ticularly those in service of our coun- I can guarantee you one thing, I will it should be taken seriously, period. try. What more does this President need to Mr. MCCAIN. I am convinced of that. tell the Senator from Illinois now, Mr. DURBIN. And I feel exactly that do to convince you other than to have there will not be any definitive conclu- about this individual and the loss to sion in the investigation before the more prosecutions than any President his family. But let’s make sure the election in November. That does not in history of those who have been be- record is complete. The Fast and Furi- mean to me that they are not doing lieved to have leaked classified infor- ous program was not initiated by their job, although it is clear that one mation? President Obama, it was started by of these prosecutors was active in the If you will come to the floor, as you President George W. Bush. Obama campaign, was a contributor to said earlier—and I quote, the investiga- Mr. MCCAIN. Which, in my view, does the Obama campaign. I am not saying tion is ‘‘supposedly going on.’’ I trust not in any way impact the need for a that individual is not of the highest the administration that the investiga- full and complete investigation. caliber. I am saying that would lead tion is going on. What evidence does Mr. DURBIN. Secondly, this Attor- people to ask a reasonable question, the Senator have that it is not going ney General, Mr. Holder, has been and that is whether that individual is on? brought before congressional commit- entirely objective. Mr. MCCAIN. I say to my friend, it is tees time after time. I have been in the Americans need an objective inves- not a matter of trust, it is a matter of Senate Judiciary Committee when he tigation by someone they can trust, credibility because if an administra- has been questioned at length about just as then-Senator BIDEN and then- tion has the same argument that then- Fast and Furious, and I am sure he has Senator Obama asked for in these pre- Senator BIDEN used and Senator Obama been called even more frequently be- vious incidents, which, in my view, used in opposition to the administra- fore the House committees. were far less serious and, in the view of tion investigating the Abramoff case Third, he has produced around 9,000 the chairperson of the Intelligence and the Valerie Plame case—they ar- pages of documents, and Chairman ISSA Committee, are far more severe than gued that it is not a matter of trust, it keeps saying: Not enough. We need those that were previously inves- is a matter of credibility with the more. Well, at some point it becomes tigated. I would be glad to have my col- American people whether an adminis- clear he will never produce enough doc- league respond to that. tration can actually investigate itself uments for them. And the House de- Mr. DURBIN. First, let me say that or should there be a credible outside cided to find him in contempt for that. whatever the rank of the individual— counsel who would conduct this inves- That is their decision. I do not think private, specialist, chief petty officer— tigation, which would then have the that was necessarily proper. if they are responsible for leaking clas- necessary credibility, I think, with the But having said that, does that mean sified information, they need to be in- American people. I think that there is every decision from the Department of vestigated and prosecuted, if guilty. a certain logic to that, I hope my col- Justice from this point forward cannot Mr. MCCAIN. Absolutely. league would admit. be trusted? Mr. DURBIN. So the fact that a pri- Mr. DURBIN. Let me say to the Sen- Mr. MCCAIN. No. But what I am say- vate is being investigated should not ator that in that case, the Attorney ing is that there is a significant credi- bility problem that the Attorney Gen- get him off the hook. I would—— General of the United States, John eral of the United States has, at least Mr. MCCAIN. I do not think it gets Ashcroft, recused himself—recused with a majority of the House of Rep- him off the hook. I think it has some himself. He said there was such an ap- resentatives—— significance as compared to this kind pearance of a conflict, if not a conflict, Mr. DURBIN. The Republican major- of egregious breach of security that has he was stepping aside. It is very clear ity. taken place at the highest level. We under those circumstances that a spe- Mr. MCCAIN. On this issue, which know that. cial counsel is needed. In this case, then lends more weight to the argu- Mr. DURBIN. I would say to my there is no suggestion that the Presi- ment, as there was in the case of Val- friend from Arizona, if I am not mis- dent, the Vice President, or the Attor- erie Plame and Jack Abramoff, for the taken, it was a noncommissioned offi- ney General was complicit in any leak. need for a special counsel. cer at best and maybe not an officer in So to suggest otherwise, I have to say Mr. DURBIN. I do not see the connec- the Army who is being prosecuted for to Senator MCCAIN, show me what you tion. If the Attorney General and the the Wiki leaks. So let’s not say that are bringing as proof. President said: We are not going to in- the rank of anyone being prosecuted in Mr. MCCAIN. I am bringing you proof vestigate this matter, Senator MCCAIN, any way makes them guilty or inno- that this Attorney General has a sig- I would be standing right next to the cent. We need to go to the source of the nificant credibility problem, and that Senator on the floor calling for a spe- leak. problem is bred by a program called cial counsel. But they have said just Mr. MCCAIN. No. But my friend Fast and Furious where weapons the opposite. They have initiated an in- would obviously acknowledge that if it were—under a program sponsored by vestigation and brought in two career is a private or a corporal or something, the Justice Department—— criminal prosecutors whom we have it has not nearly the gravity it does Mr. DURBIN. When did the program trusted to take public corruption cases when a person with whom the Nation begin? in the District of Columbia and leaks has placed much higher responsibilities Mr. MCCAIN. Let me just finish my of classified information in other cases. commits this kind of breach. comment. A young American Border And he said: Now you have the author- Mr. DURBIN. Of course. It should be Patrol agent was murdered with weap- ity. Conduct the investigation. taken to where it leads, period. But let ons that were part of the Fast and Fu- They are not ignoring this. me also ask—I do not know if quoting rious investigation. What has the At- Mr. MCCAIN. Those two counsels re- from a book on the floor means what torney General of the United States port to whom? The Attorney General of was written in that book is necessarily done? He has said that he will not come the United States.

VerDate Mar 15 2010 00:34 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.032 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5823 Mr. DURBIN. And ultimately report pletely compromised by this cyber at- names of companies and key people in con- to the people. tack. Now they come us to as experts tact with the Chamber, as well as trade-pol- Mr. MCCAIN. So I would think, just on how to avoid a cyber attack. icy documents, meeting notes, trip reports for purposes of credibility with the and schedules. I ask unanimous consent that the ‘‘What was unusual about it was that this American people, that a special coun- Wall Street Journal article be printed was clearly somebody very sophisticated, sel would be called for by almost every- at this point in the RECORD. who knew exactly who we are and who tar- one. There being no objection, the mate- geted specific people and used sophisticated Look, I understand the position of rial was ordered to be printed in the tools to try to gather intelligence,’’ said the the Senator from Illinois. We have our RECORD, as follows: Chamber’s Chief Operating Officer David colleagues waiting. I appreciate the [From the Wall Street Journal, Dec. 21, 2011] Chavern. fact that he is willing to discuss this Nevertheless, Chamber officials said they CHINA HACKERS HIT U.S. CHAMBER—ATTACKS haven’t seen evidence of harm to the organi- issue. I think we have pretty well ex- BREACHED COMPUTER SYSTEM OF BUSINESS- zation or its members. hausted it. LOBBYING GROUP; EMAILS STOLEN The Chamber, which has 450 employees and Mr. DURBIN. May I turn to one other (By Siobhan Gorman) represents the interests of U.S. companies in issue the Senator raised, if he has a A group of hackers in China breached the Washington, might look like a juicy target moment? computer defenses of America’s top business- to hackers. Its members include most of the Mr. MCCAIN. Sure. lobbying group and gained access to every- nation’s largest corporations, and the group Mr. DURBIN. The pending bill, cyber thing stored on its systems, including infor- has more than 100 affiliates around the security—this is a bill which I hope we mation about its three million members, ac- globe. cording to several people familiar with the While members are unlikely to share any both agree addresses an issue of great intellectual property or trade secrets with seriousness and gravity in terms of matter. The break-in at the U.S. Chamber of Com- the group, they sometimes communicate America’s defense. I know the Senator merce is one of the boldest known infiltra- with it about trade and policy. U.S. intelligence officials and lawmakers from Arizona and some of his col- tions in what has become a regular con- have become alarmed by the growing number leagues have produced an alternative. I frontation between U.S. companies and Chi- of cyber break-ins with roots in China. Last support the bipartisan bill that Sen- nese hackers. The complex operation, which month, the U.S. counterintelligence chief involved at least 300 Internet addresses, was ators LIEBERMAN and COLLINS have issued a blunt critique of China’s theft of discovered and quietly shut down in May brought to the floor. American corporate intellectual property 2010. The major group who opposes the and economic data, calling China ‘‘the It isn’t clear how much of the com- passage of the cyber security bill is the world’s most active and persistent perpetra- promised data was viewed by the hackers. U.S. Chamber of Commerce, an organi- tors of economic espionage’’ and warning Chamber officials say internal investigators that large-scale industrial espionage threat- zation that represents the largest busi- found evidence that hackers had focused on ens U.S. competitiveness and national secu- nesses in America, and what I have four Chamber employees who worked on Asia heard the Senator from Arizona say rity. policy, and that six weeks of their email had Two people familiar with the Chamber in- over and over is that they have to be been stolen. vestigation said certain technical aspects of an important part of this conversation It is possible the hackers had access to the the attack suggested it was carried out by a and this discussion. I think Senator network for more than a year before the known group operating out of China. It isn’t breach was uncovered, according to two peo- LIEBERMAN and Senator COLLINS would clear exactly how the hackers broke in to ple familiar with the Chamber’s internal in- the Chamber’s systems. Evidence suggests say: We have engaged them. We have vestigation. listened to them. We have made they were in the network at least from No- One of these people said the group behind vember 2009 to May 2010. changes consistent with what they the break-in is one that U.S. officials suspect Stan Harrell, chief information officer at were looking for. But clearly they have of having ties to the Chinese government. the Chamber, said federal law enforcement not reached the point where they are The Chamber learned of the break-in when told the group: ‘‘This is a different level of satisfied. the Federal Bureau of Investigation told the intrusion’’ than most hacking. ‘‘This is I learned yesterday, when Senator group that servers in China were stealing its much more sophisticated.’’ WHITEHOUSE of Rhode Island came to information, this person said. The FBI de- Chamber President and Chief Executive clined to comment on the matter. Thomas J. Donahue first learned of the the floor, that, in fact, the U.S. Cham- A spokesman for the Chinese Embassy in ber of Commerce really turns out to be breach in May 2010 after he returned from a Washington, Geng Shuang, said cyberattacks business trip to China. Chamber officials pretty expert on this issue of cyber se- are prohibited by Chinese law and China tapped their contacts in government for rec- curity. And I call the attention of the itself is a victim of attacks. He said the alle- ommendations for private computer inves- Senator from Arizona, if he is not gation that the attack against the Chamber tigators, then hired a team to diagnose the aware of it, to a Wall Street Journal originated in China ‘‘lacks proof and evi- breach and overhaul the Chamber’s defenses. article of December 21, 2011. This Wall dence and is irresponsible,’’ adding that the They first watched the hackers in action Street Journal article is entitled hacking issue shouldn’t be ‘‘politicized.’’ to assess the operation. The intruders, in In Beijing, Foreign Ministry spokesman ‘‘China Hackers Hit U.S. Chamber,’’ what appeared to be an effort to ensure con- Liu Weimin said at a daily briefing that he tinued access to the Chamber’s systems, had and it starts by saying: hadn’t heard about the matter, though he re- built at least a half-dozen so-called back A group of hackers in China breached the peated that Chinese law forbids hacker at- doors that allowed them to come and go as computer defenses of America’s top business tacks. He added that China wants to cooper- they pleased, one person familiar with the lobbying group and gained access to every- ate more with the international community investigation said. They also built in mecha- thing stored on its systems, including infor- to prevent hacker attacks. nisms that would quietly communicate with mation about its three million members, ac- The Chamber moved to shut down the computers in China every week or two, this cording to several people familiar with the hacking operation by unplugging and de- person said. matter. The complex operation involved at stroying some computers and overhauling its The intruders used tools that allowed them least 300 Internet addresses. . . . Four cham- security system. The security revamp was to search for key words across a range of ber employees who worked on Asian policy timed for a 36-hour period over one weekend documents on the Chamber’s network, in- had six weeks of their emails stolen. when the hackers, who kept regular working cluding searches for financial and budget in- The article goes on to say that the hours, were expected to be off duty. formation, according to the person familiar Chamber of Commerce did not notice Damage from data theft is often difficult with the investigation. The investigation this breach that went on for 6 months. to assess. didn’t determine whether the hackers had People familiar with the Chamber inves- taken the documents turned up in the The Federal Bureau of Investigation tigation said it has been hard to determine searches. brought it to their attention. And then what was taken before the incursion was dis- When sophisticated cyberspies have access they learned that the Chinese had not covered, or whether cyberspies used informa- to a network for many months, they often only hacked into the computer main- tion gleaned from the Chamber to send take measures to cover their tracks and to frame, they had somehow hacked into booby-trapped emails to its members to gain conceal what they have stolen. the computer-driven thermostats in a foothold in their computers, too. To beef up security, the Chamber installed their office, and at times in the office Chamber officials said they scoured email more sophisticated detection equipment and known to be purloined and determined that barred employees from taking the portable of the U.S. Chamber of Commerce, communications with fewer than 50 of its devices they use every day to certain coun- their copy machines and fax machines members were compromised. They notified tries, including China, where the risk of in- were spitting out pages with Chinese those members. People familiar with the in- filtration is considered high. Instead, Cham- characters on them. They were com- vestigation said the emails revealed the ber employees are issued different equipment

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This is really a serious issue. tutions. house the Chamber owns on Capitol Hill at Mr. MCCAIN. Can I say to my col- Mr. MCCAIN. These institutions are one point was communicating with an Inter- league, first of all, to somehow infer not averse to government oversight. net address in China, they say, and, in that businesses in America are less in- They are averse to legislation that March, a printer used by Chamber executives terested in national security than they harms their ability to share that infor- spontaneously started printing pages with are in their own businesses is not, I mation because if they face the threat Chinese characters. think, a fair inference. But let me also ‘‘It’s nearly impossible to keep people out. of being taken into court for that, then The best thing you can do is have something say that what they want to do is be obviously there is some reluctance. that tells you when they get in,’’ said Mr. more efficient in the way they can do They also know how much has been Chavern, the chief operating officer. ‘‘It’s the business. lost because of the lack of cyber secu- new normal. I expect this to continue for the For example, information sharing— rity to China and other countries. They foreseeable future. I expect to be surprised as you know, there is a serious problem are the ones who have been most di- again.’’ with liability if they are not given rectly affected. They are intelligent Mr. MCCAIN. First of all, could I say some kind of protections in the infor- people, smart people, and they want that is just unfair. They are not claim- mation sharing they would do with this legislation to pass in a way that is ing to be experts on cyber attacks. each other and with the Federal Gov- the most effective way to enact legisla- They are claiming that there are issues ernment. So we want to make sure tion on this very serious issue. of liability, issues of information shar- they have that security so that they I look forward to continuing the con- ing, and other issues that they believe will more cooperatively engage in the versation with my friend from Illinois. will inhibit their ability to engage in kind of information we need. That is a I think both of us learn a bit from our business practices and grow and pros- vital issue. That is still something on conversations, and I thank him for his per. So to say that somehow they which we have a disagreement. continued willingness to discuss the I have no doubt that the comments of claim they are experts on cyber secu- issue. rity, they are not, but they are experts the Senator from Illinois about how Mr. DURBIN. I thank my friend, the on how their businesses can best co- important this issue is are true. No- Senator from Arizona. I hope other col- operate, share information, resist these body argues about that. But we have to leagues will engage in this kind of ex- attacks, and come together with other get it right rather than get it wrong. change. I don’t know if we convinced The Senator from Illinois and I have people and other interests to bring one another, but we certainly leave been here a long time, and sometimes about some legislation on which we can with the same level of respect with we have found out that we have passed all agree. which we started. I hope those who legislation that has had adverse con- There are 3 million businesses and or- have followed the debate have heard a sequences rather than the positive ones ganizations that are represented here, I little more about both sides of the we contemplated. By the way, I would say to my colleague, so it seems to me issue in the process. throw Dodd-Frank in there. No com- that we should continue this conversa- Mr. MCCAIN. I yield the floor. pany is too big to fail now. I would tion with them, particularly on issues f of information sharing and liability. throw in some of the other legislation But to somehow say ‘‘well, we talked we have passed recently, which has not CORRECTING THE ENROLLMENT achieved the goals we sought. to them, but we did not agree with any- OF H.R. 1627 That is why we need, in my view, thing they wanted to do’’ is not fair to Mr. DURBIN. Mr. President, I ask more compromise and agreement. I be- unanimous consent that the Senate those 3 million businesses. We are mak- lieve we can reach it. I give great cred- ing some progress. But please don’t say proceed to the immediate consider- it to both of our cosponsors of the bill, ation of S. Con. Res. 55, which was sub- they portray themselves as experts. but please don’t allege that this is ‘‘bi- By the way, they hacked into my mitted earlier today by Senator HAR- partisan’’ in any significant way. Most KIN. Presidential campaign, which shows of the Republican Senators oppose the they really were pretty bored and did The PRESIDING OFFICER. Without legislation in its present form. All Re- objection, it is so ordered. The clerk not have a hell of a lot to do. But, any- publican Senators understand the grav- way, go ahead. will report. ity of this situation and the necessity The bill clerk read as follows: Mr. DURBIN. I am sure that wasn’t of acting. the case. I am sure it was a fascinating A concurrent resolution (S. Con. Res. 55) Mr. DURBIN. I say to my friend from directing the House of Representatives to treasure trove of great insights and in- Arizona, I hope we get this done this formation. make a correction in the enrollment of H.R. week. I know it is a big lift, and it is a 1627. But let me just say to my friend from lot to do. But I believe the threat is Arizona, I am asking only for a little There being no objection, the Senate imminent, and I believe it is contin- proceeded to consider the concurrent humility on both sides, both in the uous. If we don’t find a way through public sector and the private sector, by resolution. our political differences to make this Mr. DURBIN. Mr. President, I ask first acknowledging, as our security country safer, shame on us. unanimous consent that the concur- advisers tell us, that this is one of the I believe Senator COLLINS is from the rent resolution be agreed to, the mo- most serious threats to our country Senator’s side of the aisle and is proud tion to reconsider be considered made and its future, and we should be joining of that fact. So it is a bipartisan effort. and laid upon the table, with no inter- with some humility, particularly if you She worked with—— vening action or debate, and that any have been victimized, whether in your Mr. MCCAIN. It depends upon your statements relating to the measure be campaign or in your offices, to under- definition of ‘‘bipartisan.’’ printed in the RECORD. stand how far this has gone. The FBI, Mr. DURBIN. Well, it is clearly bi- The PRESIDING OFFICER. Without according to Senator WHITEHOUSE when partisan with Senators LIEBERMAN and objection, it is so ordered. he came to the floor, found 50 different COLLINS. I also say that to raise the The concurrent resolution (S. Con. American businesses that had been question of Dodd-Frank and appro- Res. 55) was agreed to, as follows: compromised and hacked into by the priate government oversight and regu- S. CON. RES. 55 same type of operation. Forty-eight lation—I suggest that we reflect on Resolved by the Senate (the House of Rep- were totally unaware of it. They did three things: LIBOR, Peregrine Invest- resentatives concurring), That, in the enroll- not even know it occurred. What we ments, and the Chase loss of $6 billion. ment of the bill (H.R. 1627) an Act to amend are trying to do is to get these busi- To say that we should not have gov- title 38, United States Code, to furnish hos- nesses to cooperate with us so that we ernment oversight of our financial in- pital care and medical services to veterans

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We have an obligation to act be- the House of Representatives shall make the their judgment, there is no compulsion, fore that kind of damage is faced in re- following correction: in section 201, strike no legal mandate that they need to do ality by the country. ‘‘Andrew Connelly’’ and insert ‘‘Andrew Con- so. To use an often overused imagery, We have been adequately and elo- nolly’’. what we are talking about here is a quently warned on the floor of this carrot, not a stick, in solving one of f body, in private briefings available to the most pressing and threatening VETERANS JOBS CORPS ACT OF Members of this body, and in the public challenges our country faces today. It 2012—MOTION TO PROCEED—Con- press, to some extent. One of the frus- is the challenge of this moment, the tinued trations I think many of us feel is that challenge of our time. The PRESIDING OFFICER. The Sen- I have been in briefings, as has been we cannot share some of the classified ator from Connecticut. the Presiding Officer and other Mem- briefings we have received which would Mr. BLUMENTHAL. Mr. President, I bers of this body, with members of the depict in even more graphic and dra- am honored and grateful to follow that intelligence community and others matic terms what this Nation faces. very enlightening and energetic ex- who have, in stark and staggering Some of these attacks are launched by change between two of the most able terms, presented to us the potential foreign countries that seek to do us and respected Members of this body on consequences of failing to act. harm. Some are launched by domestic a range of issues. Just last week, GEN Keith Alex- criminals who simply want to steal One of them I want to address now, ander, the chief of the U.S. Cyber Com- money. Some are sophisticated and and I want to particularly thank the mand and the Director of the National some are very crude. Presiding Officer for his contribution, Security Agency, said that intrusions Former Deputy Secretary William my distinguished friend from Min- on our essential infrastructure have in- Lynch has detailed just one attack in nesota, who has really addressed so in- creased 17-fold between 2009 and 2011 which a foreign computer hacker—or structively some of the privacy con- and that it is only a matter of time be- cerns in various proposals in an amend- group of them—stole 24,000 U.S. mili- fore physical damage will result. He tary files in March of 2011. As others ment I have joined. I think his work on has said that the loss of industrial in- have noted on the floor as recently as that issue is really reflective of the ap- formation and intellectual property— a few minutes ago, in late 2011 the com- proach that has been brought to this putting aside the physical threat and puters of the U.S. Chamber of Com- issue of cyber security—an issue that taking only the economic damage—is merce were completely compromised this entire body, in my view, has a his- ‘‘the greatest transfer of wealth in his- toric opportunity and also a historic tory.’’ for more than a year by hackers. Yet obligation to address this week, deal We are permitting with impunity the today the U.S. Chamber of Commerce with it now authoritatively and effec- greatest transfer of wealth in history has essentially opposed the voluntary tively and in a way that the Nation ex- from the United States of America to standards-based plan to help secure our pects us to do it. adversaries abroad, companies based Nation against attack. In fact, how ex- I thank not only the Presiding Offi- overseas, at a time when every Member traordinary it is that certain parts of cer but a bipartisan group of col- of this body says our priority should be this bill have actually combined a con- leagues, beginning with Senators LIE- jobs and protecting the economy of sensus among the business community, BERMAN, COLLINS, ROCKEFELLER, FEIN- this country. It is an economic issue, the privacy advocates, as well as public STEIN, and CARPER, who deserve our ap- not just a national security issue. In officials, the National Security Agen- preciation for drafting this bill and fact, cyber security is national secu- cy. That consensus on privacy, again, bringing it to the floor, and a number rity. reflects a profound and extraordinary of other colleagues, including, along The United States is literally under feature of this bill, which is that we with the Presiding Officer, Senators attack every day. General Alexander are coming together as a nation to face WHITEHOUSE, MIKULSKI, COONS, COATS, described 200 attacks on critical infra- a common problem in a way that is de- BLUNT, AKAKA, and KYL. I mention this structure within the past year. He al- manded by the times and threats we number because I think it is an impor- luded to them without describing them face. tant fact about the process that has in detail. And on a scale of 1 to 10, he Shawn Henry, the Executive Assist- brought us to this point. It really re- said our preparedness for a large-scale ant Director of the FBI, has said that flects the kind of collegial approach cyber attack—shutting down the stock ‘‘the cyber threat is an existential one, that is so important to this legislation. exchange or a blackout on the scale This legislation has undergone very comparable to the one in India within meaning that a major cyber attack significant and substantial revisions to the past few days—is around a 3 on a could potentially wipe out whole com- reflect suggestions made by myself and scale of 1 to 10. That situation is unac- panies.’’ That is the reason the busi- our colleagues, and this bill will give ceptable. ness community has been involved and the government and private sector an We are, in a certain way, in a period should support these proposals. opportunity to collaborate and share of time now that is comparable to 1993, These attacks are not only ongoing, information so that they can confront after the first World Trade Center they have been occurring for years. the ongoing, present, urgent cyber bombing. Remember, in 1993 the World These criminals are infiltrating our threat directly and immediately. Trade Center—1,336 pounds of explo- communications, accessing our secrets, This bill is not a top-down approach; sives were placed in a critical area of and sapping our economic health it is voluntary in its direction to the the World Trade Center, killing 6 peo- through thefts of intellectual property. private sector. What it says to critical ple, injuring 1,000, fortunately, at that Finally, Secretary of Defense Leon industries—industries that are critical point, failing to bring down the build- Panetta, as has been frequently quoted, to our infrastructure—is that you de- ing, which was the objective. That first said: termine what the best practices are, bombing was a warning as well as a you tell us what the standards should tragedy. America, even more trag- The next Pearl Harbor we confront could be, and then those standards will be ically, disregarded that warning in fail- very well be a cyber attack that cripples our shared throughout the industry and ing to act. We are in that period now, power system, our grid, our security sys- overseen by a council that the Depart- comparable to 1993 and before 9/11, tems, our financial systems, our government systems. ments of Commerce and Justice and when the country could have acted and Defense and Homeland Security will be neglected to do so. We cannot repeat The panoply of harm is staggering, involved in implementing. And if com- that failure now. We cannot disregard and we cannot wait for that harm to be panies comply with those standards— the day-to-day attacks, the serious in- a reality to this country. The con- voluntary standards—they receive ben- trusions that are stealing our wealth sequences comparable to 9/11 are tragic efits that will enlist them in the pro- and endangering our security, our crit- to contemplate. FBI Director Mueller gram, benefits that will form incen- ical grid, transportation, water treat- has said the cyber threat, which

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Mr. President, I ask munity and privacy advocates are all certain restrictions so we can improve unanimous consent to speak as in united in feeling this threat must be the climate between our two countries. morning business for up to 12 minutes. confronted. We have the opportunity But what the Cuban Government is The PRESIDING OFFICER. Without but we also have a historic obligation doing today in continuing to imprison objection, it is so ordered. to make sure we move this bill and Alan Gross is absolutely outrageous. It FINANCIAL STRENGTH that it moves forward so we do not violates international human rights Mr. MANCHIN. Mr. President, I rise squander this opportunity. standards and it is against any sense of today to announce a rare opportunity I thank the Presiding Officer and I humanity. for the people of my State, who care so yield the floor. I am going to continue to speak out much about the future of our country. The PRESIDING OFFICER. The Sen- about it and urge the Cuban authori- When I travel all around my beau- ator from Maryland. ties to do what is right. This has tiful State of West Virginia, one of the biggest concerns I hear from the people THANKING KATHARINE BEAMER gained international attention and Mr. CARDIN. Mr. President, if I there have been efforts made by other is simply that our Nation’s finances are in such bad shape we could be the might, let me first thank Katharine dignitaries from other countries to try first generation that leaves this coun- Beamer for her service to the Senate to get Alan Gross’s case heard in a try and leaves our next generation in and to the American people. She has proper manner. I particularly want to worse shape than we received it. acknowledge Senator DURBIN’s extraor- been an incredibly valuable part of my I am determined to make sure that dinary leadership on this issue. Sen- staff, detailed from the Department of doesn’t happen, and I am sure the Pre- ator DURBIN took the time, when he State to my Senate office. She has siding Officer is as well. I am deter- helped me deal with preparations for was in Cuba, to meet with Alan Gross. mined to bring people together to fix my responsibility, as the Presiding Of- I have been with Senator DURBIN when our finances and put this country back ficer knows, while serving on the Sen- we have met with Alan Gross’s family. on the right path. I am also determined ate Foreign Relations Committee as we I have been with Senator DURBIN when that all our children and grandchildren deal with the confirmation of ambas- we have tried to engage other inter- will be able to live a more fulfilling sadors. It is important to be ade- national diplomats to implore the and prosperous life than we do. quately prepared to deal with the many Cuban authorities on a humanitarian But we are running out of easy op- foreign visitors who come to our office basis to release Alan Gross. tions to put our country’s financial and to deal with foreign policy issues. There was no reason for his arrest. house in order. And every day we delay I particularly want to thank her for There was no reason for his conviction. a big fix, the price will be higher, the her help in the so-called Magnitsky There is no reason for his being in pris- changes will be more painful, and the bill, a bill that passed out of the Sen- on today. But one doesn’t have to get choices will be more stark. With our ate Foreign Relations Committee and too much involved in that issue to sug- country’s finances so far out of control, has been also supported in the Senate gest that the Cuban authorities should all of the priorities we all care about— Finance Committee. She has been a release Alan Gross on a humanitarian whether it is creating jobs, maintain- critical part of our team in developing basis. I say that because his health is ing the best military in the world, the necessary support so that bill could in question. Alan’s health has steadily keeping the core of vital programs such move forward. deteriorated during his imprisonment. as Social Security, or educating the I want to thank her for her help on He has lost over 100 pounds, suffers next generation—are in jeopardy. the Cardin-Lugar provisions that pro- from a multitude of medical condi- If we care about rebuilding Amer- vide transparency among mineral com- tions, including gout, ulcers, and ar- ica—investing in our highways and our panies so we can trace the resources of thritis, that have worsened without roads, our airports, our water and developing countries, allowing those adequate treatment. sewer systems—we cannot do it if we resources to benefit the strength of a Of equal concern as his own health don’t pay for it. If we care about cre- country’s economy rather than become are the conditions of his beloved moth- ating jobs and giving our businesses a curse. er and daughter, both of whom are suf- certainty, we can’t do that either if we And I want to thank Katharine fering from cancer. The Gross family can’t pay for it. And if we care about Beamer for her help on a lot of human should not have to suffer through an- educating the next generation and pre- rights issues she has been involved other day of this desperate situation paring this generation with the skill with, including the issue of Alan Gross. without Alan at home for support. sets they need for the jobs of today and Senator DURBIN has spoken on the So for all those reasons, we speak out tomorrow, we can’t do it if we can’t floor and has brought to our attention today to once again urge the Cuban au- pay for it. the human rights violations of a Mary- thorities to do the right thing as far as If we care about having an energy lander who is today in a prison in human rights and their legal system policy that uses all of our domestic re- Cuba. Alan Gross was providing help to and release Alan Gross. They should do sources in the cleanest possible man- a small Jewish community in Cuba. He the right thing from a humanitarian ner; if we care about developing tech- wasn’t doing it in any secret manner. point of view and let Alan Gross come nology for clean coal; if we care about He was trying to provide them a better home to his beloved family so he can be finally ending our dependence on for- opportunity to communicate with the supportive of them during this difficult eign oil from hostile countries, we Internet. He was very open about what time in their lives. We urge them to do can’t do it if we can’t pay for it. he was doing in Cuba and was doing it the right thing so we can have a better If we care about having the best mili- in order to advance the ability of a relationship between the people of tary in the world, one that can defend community to keep in touch around Cuba and the people of the United the liberty of this great Nation at the world. States. They should release Alan Gross home and, where needed, abroad, we As a result of that activity, Alan because it is the right thing to do. simply can’t do it if we can’t pay for it. Gross, a Marylander, was arrested and We are going to continue to speak If we care about helping the vulner- imprisoned, tried and convicted, and out about this. I know many of us have able, the sick, the weak, and keeping sentenced to 15 years in prison. His ap- looked for different ways in which to our vital core promises—such as Social peal to the Cuban Supreme Court was help the Gross family and we will con- Security, Medicare, Medicaid, and denied in August of 2011. For the past tinue to do that. But the simple, right Head Start—we simply can’t do it if we 21⁄2 years, since December 3, 2009, Alan thing for the Cuban authorities is to can’t pay for it.

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.037 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5827 Any nation that wants to be a strong willing to come together across party the Facts,’’ at our magnificent cultural nation, that wants to invest in its pri- lines. We have to determine our high- center. They will present the facts— orities and wants to leave the country est priorities and make tough choices. and there is no doubt the facts are in better shape for the next generation That is what the people of West Vir- dire—and lay out the magnitude of the cannot be shackled by crippling debt. If ginia sent me to do, not to cater to any problem we face, and then we will talk the Federal Government can’t get its one special interest group. about solutions. It is a rare oppor- financial houses in order, the hard There are plenty of politicians who tunity to have a frank bipartisan con- truth is all these priorities I spoke will talk about fixing the problem, who versation about the grave conditions of about will be slashed—sooner than any will pay lip service to coming up with our Nation’s finances. of us would like to admit. a plan, who will talk a good game— I am inviting all West Virginians—be Whether we consider ourselves a what we call talk the talk—but can’t it business, labor, senior groups, the Democrat, a Republican, an Inde- walk the walk. But in the end, the young people who are expected to pay pendent, or we have no affiliation at problem will continue to fester if we off our debt, and anyone else with an all; whether we consider ourselves a don’t do something. interest in our future—to come and liberal, a conservative, or a centrist— I am not one of those politicians who participate in this session. We will talk wherever we fall in the spectrum—none can turn a blind eye to our debt and about what this framework will do, of the priorities we care about on all walk away from it. The people of West which is to find the balance between those sides can happen unless we can Virginia expect more. They expect me revenue and spending, fundamentally pay for it. The old saying is as true to make hard choices and work with changing our Tax Code and cutting today as it ever has been: You can’t both Democrats and Republicans to do spending. In short, it will make our help others if you’re not strong enough the right thing for our State. No mat- system more fair. to help yourself. ter how hard it will be to fix our prob- Let’s look first at the Tax Code. It is time to make America strong lems—and it is clear everyone will need There are some Americans who, be- again. to have a little skin in the game and cause of their connections and ability Let me give some troubling figures share these sacrifices—I am deter- to hire lobbyists, have manipulated our that illustrate how bad it has gotten: mined to do it. Tax Code so they get special tax The debt hole we have dug for our- But no Senator—no matter how com- breaks. That is not right. Too many selves now equals the entire amount of mitted they may be—can do it alone. corporations that depend on the goods this country produces; in other That is why I am so pleased to an- strength of this great Nation—as has words, our gross domestic product. nounce that two of the Nation’s great- been noted, such as G.E.—are paying That hasn’t happened since 1947. est financial leaders will be coming to nothing or virtually nothing in taxes. Think of the next group of law- West Virginia to hold an open forum That is wrong. It is not right. makers who will be sitting where we We need to make our tax system with the people of our State about the sit in 2033, which is just around the cor- more fair and straightforward. The bi- future of our finances, and we call that ner. They are going to have to look partisan Bowles-Simpson plan would ‘‘Our Finances and Our Future.’’ Americans in the eye and tell them the end many of those loopholes and lower Former Senator Alan Simpson, a Re- Social Security check they are receiv- tax rates for everyone. When it comes publican from Wyoming, and Mr. Er- ing will only be 75 percent of what is to our spending, right now in this coun- skine Bowles, a Democrat who is the owed to them. They will have to say it try we spend so much more than we former White House Chief of Staff is because the group who came before can afford. I know so many Americans us didn’t do their job. under President Bill Clinton, are two of who tell me they would be more than Think of 10 years from now, truly the toughest and smartest people in happy to pay more—if we were using it around the corner, when every man, this country when it comes to our fi- in the right direction—to pay down our woman, and child in this country will nances. debt and to invest in infrastructure. owe more than $79,000 to pay off our na- Since I have been here, the most bi- But we are not spending well. I have tional debt. Today it is about $50,700, partisan effort to fix our finances has always said public servants can do one which is way too high, but it is only been led by Erskine Bowles and Alan or two things with public tax money: going to get worse if we don’t do our Simpson. They were asked to head the We can either spend it or invest it. job and fix it. President’s National Commission on Frankly, we have been doing too much There are 3 million jobs going Fiscal Responsibility and Reform. It spending and not enough investing. unfulfilled in this country because they was bipartisan when it began, it has Our annual deficit—the amount we say the workforce doesn’t have the stayed bipartisan all this time, and it spend versus the amount we take in—is right skills in order to perform those has grown with the number of Senators about $1.2 trillion this year alone. jobs, and our unemployment rate has from both sides of the aisle who under- Looking into the future, if nothing been the highest for the longest period stand we need a big fix that comes changes, we will have deficits every of time. That is not acceptable. from both sides of the aisle in a bipar- year for the next decade. No one can Who exactly is supposed to pay for tisan way. tell me we can sustain that pace and all this debt? If we do the math, the Bowles and Simpson paint a grim pic- still afford Social Security, Medicare, picture isn’t pretty. We are not bal- ture about the problems we are facing. Medicaid, defending this Nation, and ancing our budget, we are not training In December of 2010, they laid out a se- educating our children. The math people for the jobs of the future, and rious blueprint for a solution—one that doesn’t add up. The bipartisan Bowles- we are leaving our children and grand- isn’t perfect but that has earned more Simpson framework addresses this by children a massive debt that, as of support from members of both parties cutting more than $2 trillion for our today, equals the entire economic pro- than anything else that has been pro- spending over the next decade. duction of this great Nation. posed in Washington. After we address our spending and To me, however we do the math— Since then, too many of our leaders our Tax Code, guess what happens. Our even if we use funny Washington ac- have put their heads in the sand about interest payments—the amount we are counting tricks—this situation adds up this proposal and the choices we face. spending every year just for the privi- to a train wreck at best. I am deter- But West Virginia is different from lege of borrowing money from coun- mined to prevent this oncoming train most of the States. We welcome the tries such as China to finance our day- wreck, and I will do all I can, working hard truth because we know we have to to-day operations—will go down nearly with my colleagues on both sides of the face the truth. Believe me, we can han- $700 billion over the next 10 years. aisle. I have said people back home dle the truth in West Virginia. That is the bipartisan Bowles-Simp- didn’t send me to Washington to put On September 10, West Virginians son framework. Yes, it will have some the next generation into more debt. will have an opportunity to hear some painful cuts, and, yes, everyone will They sent me to, hopefully, help get truth telling. I am so proud that Alan have to share in the sacrifice. But be- them out of debt. Simpson and Erskine Bowles will hold cause the pain is spread out, no one Putting this country back on the a forum, ‘‘Our Finances and Our Fu- takes too deep a hit. That is why I be- right path will hurt, but we have to be ture: A Bipartisan Conversation about lieve this proposed blueprint is the

VerDate Mar 15 2010 00:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.038 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5828 CONGRESSIONAL RECORD — SENATE August 1, 2012 only plan that has garnered any real Larry Pope, took to the opinion pages drought-resistant traits so we can show of bipartisan interest from the of the Wall Street Journal again to produce more corn on less acres? The beginning of its inception to today. blame all that ails him on the renew- answer is simple: Because this gigantic When I became Governor of the great able fuels standard for ethanol. industry of ethanol is there to consume State of West Virginia, our State fi- Some may recall he did the same more corn and more production on nances were in a tough place. We had thing back in April 2010 when com- each acre. to make very hard choices about our modity prices were rising. At that If not for ethanol, it is very clear priorities, and not everyone was happy time, he perpetuated a smear campaign farmers wouldn’t have planted 96 mil- with those decisions. Seven or eight and blamed ethanol in an attempt to lion acres of corn this year because years ago, people believed West Vir- deflect blame for rising food prices those are more acres of corn than farm- ginia was hopeless; that we would al- while boosting Smithfield’s profits. ers have planted in this country since ways be challenged; that our finances With this newspaper article, he is back 1938. Without ethanol, I doubt we would would always be on the brink; that we at it again. have seen investment in higher yield- wouldn’t be able to invest in our prior- I start by referring to Mr. Pope as ing and more drought-tolerant corn ities; that our economy would always Henny Penny from the children’s folk- plants by our seed corn companies. be stagnant; that our credit ratings tale ‘‘Chicken Little.’’ Every time I happen to think Mr. Pope is an in- would always be miserably low; that Smithfield has to pay a little more to telligent man, but he is woefully unin- we wouldn’t be able to turn any of that America’s corn farmers to feed his formed on the issue of what the eth- around. hogs, Mr. Pope starts with the same ar- anol industry and the demand for corn But I will tell you what. At the end gument that the sky is falling, and it is has done for the size and genetic im- of my term, we had lowered tax rates, all ethanol’s fault. provement of the corn crop. It is easy reduced our food tax, ended our fiscal Mr. Pope’s opinion piece in the Wall to understand Smithfield’s motives. years with a budget surplus each and Street Journal might lead some to be- They benefit from an abundant supply every year, and increased our credit lieve he is very knowledgeable about of corn, just not the competing demand rating three times in 3 years during the the ethanol industry. But there are for it. greatest recession because we put our many areas of ethanol he doesn’t know What is Smithfield’s primary prob- priorities based on our values of what much about. lem? Again, the answer is simple: cost was important to West Virginia. To- He continues to perpetuate the myth and profit. They still want to pay $2 for gether, we weathered the recession bet- that ethanol production consumes 40 a bushel for corn. This is an important ter than 45 States. We are finally get- percent of the U.S. corn crop. Mr. Pope point that I hope people understand. ting the last piece of our puzzle in states: ‘‘Ethanol now consumes more For nearly 30 years, until about 2005, place with a fix to the retirement sys- corn than animal agriculture does.’’ companies such as Smithfield had the tem. Everyone with a basic understanding luxury of buying corn below the cost of I can tell you this: I am not talking of a livestock farm—even a kernel of production. Corn prices remained for about fixing our Nation’s finances from corn—or of an ethanol plant knows about 30 years between $1.50 a bushel some ivory tower, from some rigid ide- that is not a true statement. According and $3 a bushel. Farmers routinely lost ological position. I am talking about to the U.S. Department of Agriculture, money. The Federal Government then this country’s finances because I know 37 percent of the corn crop is used in provided economic support for the how much it costs all of us to live in producing ethanol. But—and a very im- farmers. Producers such as Smithfield debt. I know the burden of high inter- portant but—the value of corn does not had the best of both worlds. They were est payments and the way it robs us of simply vanish when ethanol is pro- able to buy corn below the cost of pro- the opportunity to pay for more impor- duced. duction, and they were able to let the tant priorities. I know how much One-third of the corn—that is, 18 Federal Government subsidize their stronger this country will be when we pounds out of every 56-pound bushel— business by guaranteeing a cheap sup- manage our debt. I know because we reenters the market as a high-value came together in West Virginia and im- ply of corn. animal feed called dried distillers In the view of corporate livestock proved the quality of life in our State, grain. I would imagine millions of hogs producers, subsidies are fine—if they and I know we can do it together in raised by our farms every year are fed allow them to buy corn below the cost this country. The truth is, Democrats don’t have a a diet containing this ethanol co- of production. Anybody could look like lock on good ideas and neither do Re- product. For sure it is a very big feed a genius with that sort of a business publicans. But with less than 100 days product for cattle. Of course, Mr. Pope model. to go before the election, we are not appears to be unaware of its existence. Mr. Pope also continues to overstate going to hear many Democrats giving When the distillers grains are the impact of corn prices on the con- Republicans any credit and we won’t factored in; that is, 18 pounds out of sumer. Agriculture Secretary Vilsack hear many Republicans acknowledging the 56 pounds that is left over after you recently stated that farmers receive that Democrats have anything to bring make ethanol, 43 percent of the corn about 14 cents of every dollar spent on to the table. supply is available for animal feed. food at the grocery store. Farmers get That is a true shame. We will not fix Only 28 percent is used for ethanol—un- 14 percent and everybody else gets 86 our problems with a go-it-alone atti- like the 40 percent Mr. Pope says. This percent, yet the farmers of America are tude because the only way America has is the inconvenient truth of ethanol de- the problem? It happens that that 14 ever solved our problems is to put par- tractors. They prefer to live in a bubble cents works out to be about 3 cents of tisanship aside and come together for where they believe ethanol is diverting that 14 cents is because of corn. the good of this great Nation. corn from livestock use. That is just A research economist at the U.S. De- Put America first. The West Virginia not the case. partment of Agriculture recently stat- fiscal summit is just one honest way Mr. Pope also proclaims that ‘‘iron- ed that a 50-percent increase in the we can take an important step toward, ically, if the ethanol mandate did not price of corn will raise the total gro- coming together to solve our problems exist, even this year’s drought-depleted cery shopping bill by about 1 percent. and one more way for the people of corn crop would have been more than To put it in perspective, the value of West Virginia to show this great Na- enough to meet the requirements for corn in a $4 box of corn flakes is about tion that we can—and will—do the livestock feed and food production at 10 cents. heavy lifting it will take to put this decent prices.’’ Mr. Pope also exaggerated the impact country back on the right track. I would like to ask Mr. Pope why he of ethanol on food prices in 2010, and he I yield the floor. thinks that is the case. Why did farm- is doing it again. He is using the dev- The PRESIDING OFFICER. The Sen- ers plant 96 million acres of corn this astating drought that we now have— ator from Iowa is recognized. year when normally they would plant over 62 percent of the country and RENEWABLE FUELS STANDARD between 86 and 88 million acres of corn? worse in the Midwest, of Iowa where I Mr. GRASSLEY. Mr. President, the Why have seed producers spent mil- live—to once again undermine our Na- president and CEO of Smithfield Foods, lions to develop better yielding and tion’s food, feed, and fuel producers,

VerDate Mar 15 2010 00:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.040 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5829 and he is doing it—why? To make more be bad to raise marginal taxes to these peace dividend is also the largest con- money. former levels?’’ Engrained in this argu- tributor to reining in deficits in the Repealing the renewable fuel stand- ment is the assertion that tax hikes 1990s. ard will not bolster Smithfield’s prof- can actually be good for our economy. The biggest source of deficit reduc- its. Because of the flexibility built into This assertion fails to take into ac- tion, 35 percent, came from the reduc- the renewable fuels mandate, a waiver count numerous economic factors that tion of defense spending. The next big- will not significantly reduce corn occurred alongside the Clinton tax in- gest source of deficit reduction, 32 per- prices. A recent study by Professor creases. The fact is that the economy cent, came from other revenue because Bruce Babcock, Iowa State University, grew not because of the 1993 tax in- of a growing economy. Another 15 per- found that a complete waiver of the re- creases but despite them. cent came from interest savings. newable fuel standard—that is what The economy of the mid-1990s is a re- Let’s get to the Clinton tax increase the mandate is called—might reduce sult of economic conditions that we in reducing deficits. The Clinton tax the corn prices by only 4.6 percent. may never see again. It was a time of increase, on the other hand, only ac- That report goes on to state: great economic expansion due in large counted for 13 percent of the deficit re- part to the advent of the Internet econ- duction—only 13 percent. The desire by livestock groups to see the There are further factors that con- additional flexibility in ethanol mandates omy. The Internet spawned new tech- may not result in as large a drop in feed nologies and created efficiencies in our tributed to the economic growth of the costs as hoped. economy that have never been 1990s, including the expansion of free trade in the 1997 reduction in the cap- They continue: matched. In turn, these new tech- nologies and efficiencies spurred start- ital gains tax rate. However, in the in- . . . the flexibility built into the Renewable terest of time I am going to go on to Fuels Standard allowing obligated parties to up businesses and new industries. Many carry over blending credits from previous seem to forget the huge Y2K fear that other issues. One thing is clear, years, significantly lowers the economic im- gripped the Nation, causing billions though, from this period of the 1990s. The economic growth of that time was pact of a short crop, because it introduces and billions in spending that helped not thanks to the Clinton tax increase flexibility into that mandate. prop up what became the infamous nor was it a major player in bringing The drought is enormous in both Internet bubble that blew up on all of our deficit into balance. scale and severity. But we will not us. Nevertheless, before the bubble know the true impact until September Today we cannot rely on the unique burst these factors led to historically economic conditions we experienced when harvest begins. The latest esti- low unemployment and high workforce mates from the U.S. Department of Ag- during that decade of the 1990s, some of participation. Claiming that this was which were artificial, to buttress the riculture indicate an average yield of due to Clinton tax increases is equal to 146 bushels per acre. That would result negative effects of the tax increase. In Vice President Gore claiming that he fact, we are in the middle of one of the in a harvest of 13 billion bushels. This invented the Internet. would still be one of the largest corn worst economic eras since the Great My colleagues on the other side of Depression. Unemployment has re- harvests. the aisle would be hard-pressed to find mained above 8 percent now for over 41 I suggest those claiming that the sky many economic studies indicating tax straight months, almost 31⁄2 years, in is falling withhold their call for increases are stimulative. The focus of other words. Economic growth has waiving or repealing the renewable fuel economic research in this area is not been anemic. standard. It is a premature action that about whether tax increases are harm- Each passing day economic indica- will not produce desired results and it ful or beneficial to the economy. Rath- tors are pointing more and more to the would increase our dependence upon er, the focus seems to be on the degree chance of a double-dip worldwide reces- foreign oil and it would drive up prices to which tax increases are very harm- sion. Last Wednesday it was reported at the pump for consumers. ful to the economy. Admittedly, there that Great Britain’s economy con- On another point with regard to are wide variations in views of econo- tracted at the rate of .7 percent. Then taxes and the proposals around the Hill mists on the responsiveness of individ- on Friday it was reported that our own to increase taxes, I want to say that uals and businesses to taxes. However, economy is stalling. Real GDP grew at over the past few years my colleagues even studies by economists who can an annual rate of just 1.5 percent, con- on the other side have come to the hardly be labeled as conservative have tinuing its downward trend for three floor repeatedly to present a revi- concluded that tax increases have a straight quarters. In a recent blog post, sionist story regarding the fiscal his- significant negative effect on the econ- Nobel Laureate economist Gary Becker tory of the last two decades. On several omy. addressed the question of whether rais- occasions I have come to the floor to For instance, a 2007 study by Chris- ing taxes on high-income earners is a refute this history. Yet, again and tina Romer, President Obama’s former very good idea. In his post, Professor again, the other side continues to chief economist, found ‘‘tax increases Becker entertained arguments—these present the same distorted facts, in- are highly contractionary,’’ and ‘‘have were arguments by the supporters of cluding lots of speeches last week. very large effects on output.’’ the tax increases—by hypothesizing The general misguided argument is In fact, this study found that a tax that there is a 50–50 chance that higher that all of the economic and fiscal suc- increase of 1 percent of gross domestic taxes on the so-called rich would dam- cess of the 1990s is thanks to big tax in- product could lower real GDP by at age the economy. creases by the Clinton administration least 3 percent. Of course I believe, as does Professor and the 2001 and 2003 bipartisan tax re- Another likely contributor to the Becker, that in reality this chance is lief is responsible for all of our eco- growth of the 1990s was a peace divi- much higher than 50–50. However, even nomic ills and fiscal problems. dend we reaped from the end of the granting the other side this generous Neither of these claims is supported Cold War. We have Ronald Reagan’s assumption he concluded the benefit of by facts or a basic understanding of ec- staredown of the Soviet Union to raising taxes was outweighed by the onomics. I will begin with the Clinton thank for that phenomenon. The end of potential damage they would cause. tax increase to which people are giving the Cold War allowed for a reduction of According to Professor Becker, even if so much credit. Many on the other side government spending as a percent of richer individuals only slightly reduce of the aisle argue that the Clinton tax GDP. Coupled with priorities pushed by their work hours and reduce their ef- increases are proof that tax increases the Republican-led Congress to reach a fort at work, the gain in tax revenue will not harm our economy today— balanced budget and to reform welfare, from these individuals would not be when they have even heard their own spending as a percentage of GDP great. In contrast, ‘‘the costs to the President say otherwise several times, dropped to its lowest point in 30 years. economy in the chance that higher until recently, that you should not in- With the Government spending less of taxes greatly discourage their efforts is crease taxes when you have a depres- the people’s money, more was left in likely to be substantial in terms of sion. These people frequently ask, ‘‘If the hands of the private sector. This al- fewer hours worked and less work ef- our economy grew in the 1990s with lowed the private sector to innovate, to fort by high-income individuals, re- higher marginal tax rates, how can it invest, and eventually create jobs. The duced incentives to start businesses,

VerDate Mar 15 2010 00:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.041 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5830 CONGRESSIONAL RECORD — SENATE August 1, 2012 less investment in their human capital, In fact, the Congressional Budget Of- Mr. WARNER. Mr. President, I ask investing abroad rather than in [this fice projects that if we extended all the unanimous consent to speak for up to country] . . . and even migration 2001 and 2003 tax relief today, revenues 15 minutes on two subjects. abroad.’’ would once again exceed the historical The PRESIDING OFFICER. Without Yet my colleagues on the other side average. Under this scenario, the CBO objection, it is so ordered. of the aisle are pushing billions of dol- projects that by 2022 revenues will Mr. WARNER. Mr. President, first of lars in tax increases. Last week they reach 18.5 percent of GDP. all, I rise today to address the impor- voted to increase taxes on nearly 1 mil- From 2004 to 2007, the deficit also tant legislation pending before this lion flowthrough businesses. Their vote shrank from a high of $412 billion to a body, S. 3414, the Cybersecurity Act of to increase taxes on job creators came low of $160 billion. That means the 2012. I followed this debate, and I want on the heels of an Ernst and Young budget deficit was cut by more than to particularly compliment Senator study detailing its ramifications. This half in 3 years. Given the trillion dollar LIEBERMAN, Senator COLLINS, Senator study concluded that these proposed deficits we are experiencing under ROCKEFELLER, Senator FEINSTEIN, and tax hikes—on top of the 3.8-percent tax President Obama, a deficit below $200 folks such as Senator KYL and Senator increase on dividends, interest, and billion would be very welcome news. WHITEHOUSE who have been trying to capital gains that was added to pay for Yet CBO projects that even if all the find some common ground in this area. the health care reform bill—would re- tax increases in President Obama’s I hope at some point in the next day or duce our economic output by 1.3 per- budget were enacted, deficits would so we will be able to proceed to this bill cent. The Ernst and Young study also never drop below $500 billion in the 10- and have it fully debated. found that real aftertax wages would year period from 2013 to 2022. Many Senators bring different levels fall by 1.8 percent as a result of Presi- I will give President Obama credit of expertise to this issue. As someone dent Obama’s policies. when he says he took office in very who spent 20 years in the technology Even in the face of this information, tough economic times. The bursting of field and in telecom in particular be- my colleagues on the other side seem the housing bubble and the resulting fi- fore entering government service, and all too willing to gamble with the nancial crisis gave him a very high hill has had the honor to serve for the last 1 chance that our stalling economy can to climb, but any assertion the 2001 and 3 ⁄2 years on the Intelligence Com- withstand such a hit. By doing this, 2003 tax relief is related to these events mittee, the Commerce Committee, and they are playing Russian roulette with is without merit. There is plenty of the Banking Committee, three of the our economy. blame to go around for the housing committees that all immediately inter- To my colleagues I ask: How certain bubble. It was the culmination of hous- sect with the challenges around cyber, are you that tax increases on job cre- ing policies spanning administrations I can add a bit of my perspective to ators will not be damaging the econ- of both parties. It was further fueled by this debate. Let me start with concerns that have omy? If you have any doubt, I suggest the Federal Reserve providing histori- been raised by some of the opponents don’t pull the trigger. cally low interest rates and cheap cred- to this legislation. In the area around I wish to shift gears a little bit to ad- it. cyber, we need to make sure we have dress the record of the 2001 and 2003 tax However, the President’s policies appropriate information sharing. How relief. Just as a perfect storm of good have failed at getting us out of this do we set some standards? Who should economic conditions blew at the back mess. The President’s party passed the enforce those standards? I think most of the Clinton administration, a perfect President’s nearly $1 trillion stimulus all of us, and anyone who has looked storm of bad economic conditions and bill. He claimed this would keep the into this area, would recognize it is not unpredictable events blew in the face unemployment rate below 8 percent. a question of when we are going to of the Bush administration. However, the unemployment climbed It is undisputed that at the end of the have a major cyber attack or if we are to a high of 10.1 percent and has never Clinton administration, the Congres- going to have a cyber attack, it is only dropped below 8 percent during his al- sional Budget Office was projecting a a question of when. We have already— most 4 years in office. 10-year budget surplus of $5.6 billion. as has been reported in the press in a Keep in mind, though, that CBO’s pro- The President’s party also passed the number of fashions—been attacked on jection was based on assumptions that health care bill, which the President a daily basis by foreign agents, crimi- did not pan out. sold as a job creator, and the financial nal elements, hackers who are con- The CBO failed to predict the burst- reform bill that was supposed to fix our stantly probing our country’s cyber de- ing of the tech bubble that was so bene- financial system. However, both of fenses on the public and private side. ficial in the previous years. CBO also these bills, which the President signed, One of the reasons I think it is so im- did not predict the September 11, 2001 have actually turned out to be costly portant to move on this legislation tragedy that wreaked havoc on our to our economy and a hindrance to job soon is I have great fears that when we economy. creation. have a major cyber element or cyber In reaction to the economic recession Now President Obama appears ready attack, Congress may, as they have from these events, Congress enacted to gamble with the economy. He ap- done so many times in the past, over- the bipartisan 2001 tax relief that cut pears to go all in on raising taxes on react because we didn’t take action on tax rates across the board, providing our Nation’s job creators. In doing so, something we knew was imminent. tax relief to virtually all taxpayers. he is betting that raising taxes on the I do think this piece of legislation— Then in 2003, Congress expedited this so-called wealthy will result in a polit- and, candidly, I could have supported relief so the benefit of lower rates ical payoff exceeding the chance his ac- an even stronger piece of legislation— would take effect more quickly. This tions will throw us back into recession. is a great first step in this area. I am resulted in one of the shortest and It is not so long ago that I remember going to come back in a moment to shallowest economic recessions yet on the President saying what I have al- some amendments I hope to offer to record. The economy grew for 25 ready referred to in this speech: ‘‘You this legislation to deal with some of straight quarters, making it the fourth don’t raise taxes in a recession.’’ The the concerns other Members and folks longest period of economic expansion President’s statement is as true now it have raised on this issue. since 1930. Additionally, we had 47 was then. Let’s talk about why we need cyber straight months of private sector job Let’s end the political theater of legislation and why we need it now. In- gain. holding votes for the purpose of cam- action is not a solution. Every national Moreover, the expanding economy paign ads. Let’s instead actually do security expert—not just from the cur- led to higher than expected revenues. what the people sent us here to do. Let rent administration but previous ad- That is a fact. Revenue actually rose in us not drive the American economy ministrations, and most Members of the years following the tax relief bill, head long off the fiscal cliff. Congress—agrees that the status quo is peaking at 18.5 percent of GDP in 2007, I yield the floor. not sustainable. Over a 5-month period well above the historical average of The PRESIDING OFFICER. The Sen- between October of 2011 and February around 18 percent. ator from Virginia. of 2012, there were 50,000 cyber attacks

VerDate Mar 15 2010 00:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.042 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5831 on private and government networks. information sharing and some level of SNOWE, is a bit more technical, and We are told between 2009 and 2011 at- standards. particularly as to my colleagues on the tacks on U.S. infrastructure increased I know to try to move forward in Commerce Committee, I hope we will by a factor of 17. terms of actual or mandatory stand- be able to gain some support from As more and more nations and rogue ards, we are not going to have them at them. This amendment seeks to ensure actors get more sophisticated with this point. We have set up a measure— that the authority provided to DHS to computer and technological knowl- and again, I commend Senator KYL and sole-source highly specialized products edge, these numbers are going to grow Senator WHITEHOUSE for working will result in the procurement of inter- exponentially. As the FBI has said, through what I think is a pretty darn operable, standards-based products and cyber espionage, computer crime, at- good compromise where there would be services whenever possible. tacks on critical infrastructure will an industry group that would develop, What does that mean in English? It surpass terrorism as the No. 1 threat in effect, best practices. It is hard with means when government goes out, and facing the United States. Think how the government and bureaucracy mov- particularly during sole-sourcing of a many things we have done appro- ing so slowly to keep up with some- solution set, too often—and I have seen priately in the previous administration thing like technology that would allow this in my old industry of telecom and this administration in terms of an industry group to come up with, in years in and years out—people will de- homeland security to protect our Na- effect, best practices. Those companies velop a particular product or solution tion against the threat of terrorists. that adhere to those best practices that works for that company’s only set We now have the Director of the FBI would actually receive legal and other of standards, and when the government saying the cyber threat will soon sur- protections so we could encourage subsequently or other private sector pass terrorism in terms of a threat to folks to make sure we have in place the entities go on and buy or replace or ex- our Nation. kind of protections that all industries pand whatever particular system it is, I know as a former businessman that and our country need. if it is not interoperable with the rest we are already seeing manifestations of To make clear that we don’t have of the telecommunications system or this threat in other areas. Intellectual mandatory standards, we have put in the rest of the network, then we are property theft is one of the most insid- place—I have been working with Sen- really not getting value for our dollar. ator SNOWE on a couple of amend- ious threats we face right now. A Again, this is a small issue in the ments. I believe there are other Mem- context of cyber security, but both former FBI agent who specialized in bers who will join us on at least one of Senator SNOWE and I believe it is im- counterintelligence and computer in- these amendments. The first amend- portant for the purpose of competition, trusion has said that in most cases ment is very important and hopefully and it should lower the overall cost of companies don’t realize they have been will go some distance in terms of clari- key technologies and services for the burned until years later when a foreign fying one of the issues that seems to be taxpayer. competitor puts out the very same a major subject of debate in this legis- So as I close on my first comments, product, only making it 30 percent lation, and that is to modify—again I hope we will be able to move forward cheaper. We have lost our manufac- working with the chairs of the com- before the break on the question of turing base in many ways. By not put- mittee, we may even move beyond this cyber security. I think great progress ting appropriate cyber protections in modification to elimination—a key has been made in the negotiations. I place, are we really prepared to lose section of the bill, section 103. It will know there are a lot of issues that re- our R&D base as well? make clear that the standards set by main to be resolved, but I would rein- Some say cyber is different. Cyber is this bill, the protection of infrastruc- force what so many other colleagues different in certain ways, but in many ture, are indeed voluntary. This have already said. It is not a question ways it is similar. Just as we would amendment makes it clear that this of if we are hit by a cyber attack, it is never have a nuclear facility without bill does not in any way alter the au- only a question of when in terms of a guards and a wall and a fence or—I see thority of any Federal agency to regu- major incident. Let’s get ahead of the my good friend, the Senator from Lou- late the security of critical infrastruc- game. isiana—we would never have power fa- ture. Again, there were some concerns TRIBUTE TO FEDERAL EMPLOYEES cilities or levees without appropriate that there might have been a mistake DIANE BRAUNSTEIN protections, how is it we would not in the earlier draft. This amendment Let me take two more moments and have some level of standards and infor- makes clear that the standards that rise on one other issue. As many of my mation sharing of threats that are are developed by industry working colleagues and the floor staff know, I coming in amongst not only our public groups will be voluntary and that noth- come down on a fairly regular basis to sector entities but our private sector ing in this legislation will allow any honor great Federal employees. With entities as well? Federal agency to regulate the security all of the challenges we face with the As a matter of fact, as a former busi- of critical infrastructure. fiscal cliff—I see my good friend and nessman, I have been surprised at some I believe this amendment should al- partner here, the Senator from Okla- of the resistance from some business leviate the concerns of some that the homa, and both he and I are always organizations that are saying this re- bill might put in place mandatory trying to look for ways we can get bet- quirement of both information sharing standards for infrastructure protec- ter value for the taxpayer. One of the and some minimum standards would tion—again, despite the very clear lan- things we need to do is find ways to re- actually be a burden on us. In many guage that already exists in the bill ward and recognize the good work of so ways I actually think somewhat the that standards are voluntary. It is my many Federal employees who share opposite because there are a number of understanding this amendment will be that goal of getting better value for businesses right now that have taken considered as part of a broader set of the taxpayer. I know the Senator from the responsible step and put in place solutions negotiated by Senator LIE- Oklahoma has particularly worked significant cyber protections while BERMAN, and whether our amendment with the GAO on a number of occasions competitors in their industry, because comes forward or whether it is broad- to find and root out duplication and they are not putting those same pro- ened into a managers’ package, I hope other issues of where we can save dol- tections in place, are actually free rid- it will clarify this portion of the debate lars. ers on the system. Yet, not if but when about mandatory versus voluntary. I come down on a regular basis to we have a major cyber event, if one of Voluntary is a good first step. The recognize Federal employees—because those companies that has not put ap- fact that this will be developed by in- so many times they are under assault— propriate protections in place ends up dustry working groups, the fact that when they do good things. Today I do causing dramatic harm to our economy this will not be subject to the lagging that one more time, with recognition or to that industry sector, all the in- time of government bureaucracy or of another great Federal employee, in dustries and all the businesses in that rulemaking, hopefully, will move us in this case Diane Braunstein, who is the sector will in one way or another end the right direction. Associate Commissioner for the Office up paying the price. Again, this is one A second amendment, again, one I of International Programs for the So- of the reasons why we need both this have been working on with Senator cial Security Administration. She has

VerDate Mar 15 2010 00:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.044 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5832 CONGRESSIONAL RECORD — SENATE August 1, 2012 overseen the creation of the Compas- great threat to our Nation today in I started hearing about the malfunc- sionate Allowance Program, which has cyber security. The Senator knows tion, the lack of effectiveness of the M4 allowed thousands of seriously ill very well that there are literally thou- for the Oklahomans who were over Americans to gain quick approval for sands of attacks taking place as we there. It is the same weapon the career much needed Social Security benefits speak. That is why as we get ready to Army has. It is the same weapon every- in a matter of days or weeks rather go back to our States for the August body who is issued a standard rifle is than months or years; although in this recess and visit with constituents, we given, except for our special forces and area of Social Security disability we are pressing very hard for a positive others in the world who have a better need to make sure only the appropriate vote to move forward on the debate to rifle than the U.S. soldier on the beneficiaries are receiving those funds. fashion a cyber security bill for our Na- ground fighting on our behalf. For years, the Social Security Dis- tion. So I thank the Senator for his I have noted before in the CONGRES- ability Insurance Program has faced leadership and, of course, the tremen- SIONAL RECORD that I have lifted my backlogs and delays in processing dous Federal employees who do get objection to the nomination of Ms. claims. In 2011 there were on average beat up all the time but, in fact, do re- Heidi Shyu to be the Assistant Sec- 700,000 pending cases. We need to do a markable work for our Nation and for retary of the Army for Acquisitions. It better job of evaluating and weeding the world. is an important position. She is in out some of those cases. Couple this So I thank the Senator from Vir- charge of $28 billion worth of expendi- with what used to be a lack of case- ginia. tures. My objection was due to the worker knowledge on rare illnesses, (The remarks of Senator LANDRIEU Army’s continued lack of urgency in and the result was a number of applica- pertaining to the introduction of S. modernizing and fielding new rifles, tions with rare illnesses being incor- 3472 are printed in today’s RECORD carbines, pistols, light machine guns, rectly denied Federal benefits. They under ‘‘Statements on Introduced Bills and ammunition for our troops in com- then had to face an appeals process and Joint Resolutions.’’) bat. Ms. Shyu has been very responsive which took years to complete. Ms. LANDRIEU. I thank Senator to me and has provided some informa- COBURN for letting me speak in ad- Beginning in 2008, Ms. Braunstein tion regarding the Army’s future plans vance of his time on the floor. partnered with patient advocacy for small arms and ammunition. I yield the floor. groups and NIH to come up with a list The PRESIDING OFFICER (Mr. So when I started getting the ques- of 25 cancers and 25 rare diseases that tions from our troops in Iraq and Af- CARDIN). The Senator from Oklahoma. would automatically qualify an appli- Mr. COBURN. Mr. President, I ask ghanistan, I started looking into what cant to receive benefits. To further im- unanimous consent to speak as in was happening. Most of our soldiers prove the speed and efficiency and cost morning business. know exactly what to do and how to effectiveness of this process, an easy- The PRESIDING OFFICER. Without care for their rifle. They know how to to-use reference guide and training pro- objection, it is so ordered. take care of it. So we looked into the gram was put together to aid case- The Senator is recognized. issue. What we found was that there workers. ARMY WEAPONRY were several studies that raised ques- According to Social Security Com- Mr. COBURN. Mr. President, it is tions about the reliability of the M4 missioner Michael Astrue, when Ms. pretty unusual for me to come to the rifle and whether there was a better Braunstein began work on the compas- floor to say I want to spend money. But weapon out there for our troops. sionate allowances, some Americans I have had a longstanding problem as I For example, a special operations were waiting 2 to 4 years for a decision. sign the letters of condolences to hun- forces report in February 2001 said the Now those with the most devastating dreds of families in Oklahoma who M4’s short barrel and gas tube in- disabilities get approved for benefits in have lost their loved one by serving creased the risk that a round might a matter of days. In 2010, the program this country. not eject from the rifle properly after was able to assist an estimated 45,000 I come to the floor to offer a critique it is fired. In other words, they fire it people, and 65,000 people in 2011. on one of the most important things to and the round does not come out. That I hope my colleagues will join me in the people who truly put their lives on is called a jam—when you are having honoring Ms. Braunstein for her inno- the line for this country. It is a na- bullets coming at you and your rifle is vation and excellent work she has done tional security issue, but it is truly jamming. as well as her commitment to public about our men and women in uniform What we did was we set up a test, and service. and the most important deployed weap- the Army would not do it. So I put a Again, we have some hard choices to on system over the last 10 years of war; hold on the Secretary of the Army Pete make beyond the question of cyber se- that is, the Army service rifle and Geren’s nomination. We talked, and he curity, but as we approach this fiscal their other small arms. assured me we would have a new com- cliff there will be more asked of all There is nothing more important to a petition for a new rifle for our troops. Americans and there will be more soldier than his rifle or her rifle. There That was in 2007. asked of our Federal employees. We is simply no excuse for not providing Here we are, 5 years later, and the will have to continue to find ways to our soldiers with the best weapon, not Army is now telling us we are going to ratchet out those programs that are just a weapon that is ‘‘good enough.’’ complete a new competition in 2014. duplicative, those areas where we are As I go through this, I am going to But in the meantime, we had a test not getting value for our dollar. give a history of what the military has done against our soldiers’ rifle and oth- Again, I know this is an issue of con- done—or, rather, basically what they ers available in the world, in terms of cern to the Senator from Louisiana and have not done—in terms of having a dust test, and we came in last. the Senator from Oklahoma. But when available for our soldiers a weapon that So we are sending our troops to de- we find initiatives that work, and we is capable of giving them the best pos- fend us and fight for a cause that we find Federal employees who are helping sible chance when they serve our coun- have put blood, sweat, tears, and $1 us provide value, particularly for those try. trillion into, and we are sending them in need at a good price, they deserve Over the last few years, we have with one that does not work the best. this recognition. spent $8,000 per soldier on new radios, My question to the Army is, Why? I With that, I yield the floor. but we still are using a weapon that is can tell you why. Because the guys who The PRESIDING OFFICER. The Sen- 25 years old when it comes to their M4. are responsible for making the decision ator from Louisiana. I first got involved in this when I got on purchasing the rifles are not the Ms. LANDRIEU. Mr. President, first, e-mails. I gave many in the Oklahoma guys who are out there on the line. Be- before I begin the topic I wish to speak National Guard—who served multiple cause if they were, we would have al- about, I thank Mr. WARNER, the Sen- tours, with lots of life lost in Iraq and ready had this competition and our ator from Virginia, for his leadership. Afghanistan—I gave those soldiers my service men and women would be get- He has many Federal employees, many personal e-mail, and I said: If you are ting new rifles. defense contractors in Virginia. He, as having a problem over there, e-mail It is not that we cannot do it because a Senator from Virginia, recognizes the me. what we learned—as we went back in

VerDate Mar 15 2010 00:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.056 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5833 and reupped in Afghanistan—we deter- pability that almost every other sol- Shyu to be the Assistant Secretary of mined that the MRAP was not suitable dier has except ours? the Army for Acquisitions. This is an for the rocky terrain as compared to There is another aspect of this that I extremely important position for an what we used it for in Iraq. think needs to be shared; that is, the organization as large as the U.S. Army In less than 16 months and after rapid fact that it is all about acquisitions which spends $28 billion per year on ac- testing and fielding, new MRAP All- and culture rather than about doing quisition of goods and services. My ob- Terrain Vehicles—that was designed the right thing. I do not like giving jection was due to the Army’s contin- specifically for Afghanistan; a com- this talk critical of the leadership of ued lack of urgency in modernizing and plicated piece of vital equipment, cost- the Army. But when it is going to take fielding new rifles, carbines, pistols, ing $1⁄2 million each—started arriving 7 years to field a new rifle and in 18 light machine guns, and ammunition in Afghanistan. months we can build and design a com- to our troops in combat. Ms. Shyu has So it is not that we cannot supply pletely new $500,000 piece of equipment, been responsive to me and provided our soldiers with a new rifle. It is not an MRAP, for Afghanistan or when we some information regarding the that it cannot be done. It is that we can spend $8,000 per troop to give them Army’s future plans for small arms and refuse to do it. a new radio—which are all going to be ammunition. For $1,500, we can give every person replaced in the next 2 years with an- I first got involved in the Army small on the line something equivalent to other $8,000—and we cannot give them arms issue 6 years ago when Oklahoma what our special forces have today. a $1,500 H&K or something equivalent, National Guard soldiers told me that Let me show some history. there is something wrong with our sys- their issued weapon, the M4 carbine, The average age of our troops rifle is tem. Our priorities are out of whack. was jamming in Iraq. These soldiers 26 years. The average age of the Ger- If the Department of Defense had were told by their superiors that jam- man military rifle, small arms, is 12 spent just 15 percent less on radios, ming resulted from poor weapons main- years. For the U.S. special operations they could give every soldier in the tenance on their part and not from any forces, theirs is 8 years. Guess what. military a new, capable, modern weap- fault of the rifle. While cleaning and They have new technology. Our regular on, and it does not just apply to their proper maintenance of a weapon are ex- frontline guys, they do not get it. They rifle. tremely important, sand and dust in One of the biggest complaints, after cannot have it. It costs the same, but Iraq are a daily occurrence and any the M4, is the fact that the regular they cannot have it because it is not a small arms weapon our troops use Army gets a 9-millimeter pistol that there should be able to fire reliably in priority for the leadership in the Army weighs over 2 pounds, but our special to give the most deployed piece of spite of some sand and dust. operations forces get a .45-caliber pis- Also, the National Guard soldiers equipment our troops need—that de- 1 tol that weighs less than 1 ⁄2 pounds. from my State—as is the case for fends them, protects them, and gives That is a big difference when you are them the ability to come home alive— Guard soldiers from many if not all of out there all day. But the most impor- our States—are somewhat more likely we will not give it to them. It is tant thing is, a .45-caliber round is to hunt or serve as police officers or se- shameful. It is shameful. twice the size of a 9-millimeter round, curity guards in their civilian lives. In Let me give a history of what hap- so when you are shooting it and you hit other words, National Guard soldiers in pened just once in Afghanistan. somebody, it is going to take them the infantry generally know better It was called the battle of Wanat. On down. A 9-millimeter does not. So we than most how to care for rifles. So my July 13, 2008, in the battle of Wanat, in are giving them an inferior pistol staff looked into this issue and found Afghanistan, 200 Taliban troops at- throughout the military. tacked U.S. troops at a remote outpost Then, finally, here is what an M4 car- that there were studies that raise ques- in eastern Afghanistan. The Taliban bine looks like compared to an HK416, tions on the reliability of the M4 and were able to break through our lines as shown on this chart. One other point whether there was a better weapon out and entered the main base before even- I would make. This piece of equipment there for our troops. For example, a tually being repelled by artillery and fires on automatic. This other piece of special operations forces report in Feb- aircraft. equipment—because the military wants ruary 2001 said that the M4’s short bar- What is notable about the battle was to save some bullets—will not fire on rel and gas tube increased risk that the perceived performance of the sol- automatic. So our soldiers are facing round might not eject from the rifle diers’ small arms weapons in the initial people who have automatic fire and properly after firing. part of the battle. they can fire in bursts of three and at I also learned that in the early 1990s Here are some quotes: half the rate of what they are facing. Colt received funding from the Army to My M4 quit firing and would no longer Why would we do that? The real produce the M4 carbine, which would charge when I tried to correct the malfunc- question is, we are asking people to de- be a shorter variant on the M16 rifle. tion. fend this country. For essentially the This was not done through a competi- I couldn’t charge my weapon and put an- same amount of money, we can buy an tion and was considered merely an ex- other round in because it was too hot, so I old-style, 26-year-old M4 or we can buy tension of Colt’s original M16 contract. got mad I threw my weapon down. a brandnew one that gives them every- This lack of competition would later It would be bad enough if this was thing they need and gives them the greatly benefit Colt. In 1999 Colt the first time it happened. But it is not best weapon. Do they not deserve that? charged the military less than $600 per the first time it has happened. It has A lot of people do a lot of things for M4 carbine. This would rise to more happened multiple times to our troops our country. But nobody does for our than $900 in 2002 and more than $1,200 in our present conflicts. country what the soldier on the front- for a fully equipped carbine in 2010 All we have to do is go back to what line does—nobody. This is a moral when the wars in Iraq and Afghanistan happened with the M16 when they were question, Mr. Secretary of the Army. resulted in more M4s being bought. first used in Vietnam. There were in- This is a moral question. Get the rifle So in 2007 I raised these questions stant reports of jamming and malfunc- competition going. and even put a hold on the nomination tions. One tragic but indicative marine Members of Congress, members of the of Secretary of the Army Pete Geren. action report read: Senate Armed Services Committee, do To his credit, he ordered a full and We left with 72 men in our platoon and not allow this to continue to happen. open competition for a new carbine came back with 19. Believe it or not, you Do not allow this to continue to hap- rifle no later than the end of 2009. know what killed most of us? Our own rifle. pen. There is no excuse for it. We It is now 2012 and the Army still has Practically every one of our dead was found should be embarrassed. We should be not completed a competition for a new with his M16 torn down next to him where he ashamed. Because what we are doing is carbine rifle, now scheduled for 2014. had been trying to fix it. sending our troops into harm’s way The window for the regular Army sol- That is occurring now, except it is with less than the best that we can pro- diers to battlefield test an improved not getting any press. Again, I would vide for them. rifle in a war we have been in for 12 ask my colleagues in the Senate: Why As I have noted, I have lifted my ob- years is rapidly closing. This extended would we not give our soldiers the ca- jection to the nomination of Ms. Heidi and lengthy process is for a weapon

VerDate Mar 15 2010 00:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.060 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5834 CONGRESSIONAL RECORD — SENATE August 1, 2012 system that—while vital—costs less 36 years later—the Americans were ment in small arms: the invention of than $2,000 each. still using the same muzzle loading the modern lightweight fully-auto- This 7-year effort differs greatly from weapon they fought with during the matic assault rifle. From 1942 to 1944 their effort to field new armored com- Battle of Brandywine. Germany invented the world’s first as- bat vehicles in Afghanistan. According U.S. Army troops at war against sault rifles—rifles that could fire 550 to to the Government Accountability Of- Mexico in 1845 did not have breech 600 rounds per minute and held detach- fice, in 2008 Army leaders determined loading rifles, but rather continued to able 30 round magazines. However, it that the Mine Resistant Ambush Pro- carry muzzle-loading rifles when fight- would be over two decades later before tected, MRAP, vehicle was not suitable ing against Mexico—nearly 80 years U.S. Army soldiers were permitted to for the rocky terrain of Afghanistan. In after the breech-loading rifle was in- have lightweight assault rifles. less than 16 months and after rapid vented. Shortly after World War II ended the testing and fielding, new MRAP all-ter- During the Civil War one Union offi- Soviet Union invented the AK–47 fully rain vehicles, M–ATV, a complicated cer in particular was unsatisfied with automatic assault rifle. This rifle’s piece of vital equipment costing the Army’s standard muzzle-loaded success is easily stated: over 90 million $500,000 each—started arriving in Af- rifle and decided to do something about AK–47s or derivatives have been built. ghanistan. it. Colonel Wilder, commander of the It is very likely a weapon that has in- In contrast, according to the Govern- Union’s ‘‘Lightning Brigade’’ decided flicted more casualties than any other ment Accountability Office, the De- to go around the Army bureaucracy. weapon on earth. Soviet troops had partment of Defense spent more than His men spent $35 out of their pay- this rifle nearly 20 years before the $11 billion buying newer models of ex- checks to buy Spencer Repeating Rifles United States Army would issue as- isting legacy radios from 2003 to 2011 direct from the factory for his mounted sault rifles to its soldiers. and is currently planning on spending cavalry. In one of the first battles In 1958, an American inventor named billions more on even newer radios to using this new rifle Wilder’s ‘‘Light- Eugene Stoner developed the AR–15 replace the ones just purchased for Iraq ning Brigade’’ of 1,000 soldiers defended rifle in less than 9 months, which and Afghanistan. There are only 1.4 the Union flank against over 8,000 Con- would eventually become the M16. This million troops on active duty so the federate troops that could not pass. At revolutionary rifle weighed six pounds Department of Defense has spent near- one point one company of Colonel and fired at a rate between 700 and 900 ly $8,000 per troop on new radios. A Wilder’s men held off ten times as shots per minute with little recoil and brand new rifle—that soldiers don’t many Confederate troops using their the lightweight but still deadly 5.56mm have—costs around $1,000 to $1,500. repeating rifles for 5 hours. ammunition meant soldiers could If the Department of Defense had just However, the Army did not widely carry more firepower than before. spent 15 percent less on the billions and adopt the repeating rifle after the Civil However, it took the then-Chief of billions they spent on newer models of War. More than 30 years later in the Staff of the Air Force General Curtis legacy radios in the last 10 years, every Spanish-American War, 5,000 American LeMay to purchase 85,000 of them for soldier in the Army could have had a soldiers armed with single shot rifles use by Air Force base defense airmen brandnew carbine rifle going to war. attacked fewer than 1,000 Spanish sol- before they got into the military at all. In addition to the rifle, there remains The U.S. Army was strongly opposed to a great need for improvement of the diers armed with a German ‘Mauser’ the M16. Some of these weapons were Army’s service pistol. This pistol, usu- repeating rifle. While Americans won used by Special Forces troops serving ally given to officers but also as an ad- the battle by attrition (there were as advisers in Vietnam, increasing the ditional weapon to some infantry sol- 10,000 U.S. troops in reserve), the U.S. pressure for the Army to adopt it. The diers, is the M9 Beretta. This pistol en- Army suffered over 1,400 casualties, Army initially refused the AR–15s stat- tered the Army in 1985, 27 years ago, with 205 killed, while the Spanish lost and fires a 9mm round. The M9 pistol fewer than 250, with 58 killed, before ing the ‘‘lack of any military require- had the lowest satisfaction rate of any surrendering. ment.’’ At this point, it should be clarified weapon surveyed by the military in A telling American newspaper col- that the Army has used the phrase 2006 on troops returning from Iraq and umn title from 1898 aptly summarizes ‘‘lack of a requirement’’ for more than Afghanistan with half feeling that the the problems: ‘‘The [U.S. Army] Gun: 50 years to justify slowing down and 9mm ammunition is insufficient. It is Inferior in Many Respects to the Is the Army’s failure to modernize its Mauser [rifle] used by the Spaniards.’’ not innovating in the area of small rifles, pistols and machine guns a re- The article states unequivocally that arms. I first encountered the phrase cent occurrence? Sadly no, the Army’s the ‘‘enemy’s [Spain’s] weapon is easier ‘‘lack of a requirement’’ in 2006 when reluctance to field new weapons runs to load [and] can be fired more rap- asking why the Army couldn’t field a throughout its history. In far too many idly’’. better carbine rifle that didn’t jam in instances U.S. Army troops have en- The 20th Century would see a great the desert. I am hearing the same tered battle with an inferior weapon to deal of further modernization, im- phrase today when I ask why soldiers their adversaries and either during or provement, and innovation in the area can’t have a better light machine gun after the war ended the Army was re- of small arms to include lighter fully or pistol. Soldiers have complained luctant to change and adapt to the su- automatic assault rifles capable of fir- about these weapons but they can’t perior weapons. ing at a rate of more than 10 rounds per have a new one because there is no In 1776 colonial forces faced the Brit- second rather than per minute. ‘‘military requirement.’’ Congress is ish at the Battle of Brandywine where The United States entered World War often frustrated by the term ‘‘military the British used a new breech loading I with a Springfield 1903 rifle, named requirement’’ because it can be used to weapon that loaded at the rear of the for the Armory and the year it was pro- deflect responsibility from the person weapon rather than the muzzle or front duced, which was possibly the third using it. It says the Army is fearful of of the weapon. As a result trained Brit- best rifle in the world at that time. offering its judgment on whether or ish soldiers could fire more than twice The British Enfield-Lee rifle held ten not someone made a weapon that is as fast as trained colonial American rounds instead of 5 and could fire up- better than what the Army has, so it soldiers. The breech loading weapon wards of 20 rounds per minute. The instead says that the weapon is not was not used much in the Revolu- American rifle held only 5 rounds and needed. tionary War but where it was used, fired 10 rounds per minute which was It took intervention by President such as at the Battle of Brandywine, it similar, but still inferior to the Ger- Kennedy and Secretary of Defense was described as acting magnificently: man rifle that was capable of firing McNamara to order the Army to adopt 93 British killed and 400 wounded com- more rounds per minute. the M16 rifle—the military version of pared to over 300 Americans that died, The U.S. Army did enter World War the AR–15. Then what happened in 600 wounded, and 400 prisoners cap- II with one of the last great battle ri- Vietnam was a tragic occurrence that tured. fles, the M1 Garand, but its success took the direct involvement and inves- However when Americans again during that conflict may have blinded tigation of Congress and deaths of fought the British in the War of 1812— the Army to a revolutionary develop- thousands of soldiers to remedy.

VerDate Mar 15 2010 02:56 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.062 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5835 When the M16s were first used in sinister, but they are serious and they The bill clerk proceeded to call the Vietnam there were nearly instant re- are current. roll. ports of jamming and malfunctions. On July 13, 2008 in the Battle of Mr. MORAN. Mr. President, I ask One tragic but indicative Marine after- Wanat in Afghanistan around 200 unanimous consent that the order for action report read: Taliban attacked U.S. troops at a re- the quorum call be rescinded. mote outpost in eastern Afghanistan. We left with 72 men in our platoon and The PRESIDING OFFICER. Without came back with 19. Believe it or not, you The Taliban were able to break objection, it is so ordered. know what killed most of us? Our own rifle. through U.S. lines and enter the main Practically every one of our dead was found base before eventually being repelled Mr. MORAN. Mr. President, I ask with his M16 torn down next to him where he by artillery and aircraft. What is nota- unanimous consent to speak as in had been trying to fix it. ble about the battle was the perceived morning business. Before the necessary fixes could be poor performance of the soldiers’ small The PRESIDING OFFICER. Without made to the weapon which included arms weapons in the initial part of the objection, it is so ordered. switching back to the original type of battle. Some selected quotes from the THE DROUGHT ammunition propellant and issuing report: cleaning supplies in early 1967, nearly Mr. MORAN. Back home in Kansas, ten thousand American soldiers had My M4 quit firing and would no longer charge when I tried to correct the malfunc- we are spending our time down on our been killed. Before the Army made the tion, knees and then looking up to the sky. changes these soldiers were told—much I couldn’t charge my weapon and put an- We are praying and hoping for rain. as soldiers are told today—that prob- other round in because it was too hot, so I Our State, along with much of the lems with their weapons are their got mad and threw my weapon down. country, is in a very serious drought. fault: a lack of care and cleaning or op- Nine soldiers died and twenty-seven Crops are dying. Cattle are hungry and erator error. There is no formal process were wounded at the Battle of Wanat are being sold off and water is in scarce where soldiers are required to provide in Afghanistan. supply. feedback to Army leadership on a For too much of its history from the Every county in Kansas, all 105, have jammed weapon in order to accurately Revolutionary War to today the Army now been declared disaster commu- note issues with reliability. has shown a slowness and reluctance to nities. Half of the continental United There were six warnings from various adopt improved small arms weapons States is in the worst drought since arsenals and offices within the Depart- and ammunition developed by others. 1956, and the situation is expected only ment of Defense as to the problems It has also been slow to recognize and to get worse. In this photograph, my with the M16. However, the Army Ma- fix problems with its small arms. The friend Ken Grecian from Palco, KS—it teriel Command and Army senior lead- Army has repeatedly engaged in poor is a little town in northwest Kansas—is ers would not listen. It took public negotiating and contracting on behalf pictured here with dry grass and hun- pressure and a massive congressional of the American people. Senior Army gry cattle. Over the past few weeks, investigation by the House Armed leaders continue to go work for incum- Ken has had to reduce his herd at lower Services Committee to get to the bot- bent small arms manufacturers after prices than before because there is not tom of the problems with the Army’s they retire. enough feed to feed the cattle. Ken is small arms in Vietnam. It was discov- However, a major problem is also ered that the Army was using a dif- similar to many producers who have Congress. There have been far too few ferent ammunition propellant—pro- been diligently building their herds of hearings and oversight on the topic of cured from a sole-source contract— cattle over many years and are now small arms. The House Armed Services that caused the M16 to jam. After Con- seeing those cattle sold due to the Committee report in 1967 stands out as gressional intervention, the original drought, undermining their efforts, an exception that proves this point. propellant was used and the problems year after year, to develop a herd. with the M16 nearly disappeared. After Senior military leaders in uniform and Paul and Tommie Westfahl from Vietnam, the Army formally adopted civilians are regularly challenged and Haven, KS, just a little bit north and the M16 as its service rifle and by 1968 questioned—and in some cases chewed west of Wichita, and their two daugh- nearly all troops surveyed said they out—on all manner of programs and ters Jenna and Raegan are pictured preferred the M16 to any other rifle. weapon systems here by Members of standing next to their failed crops. The post-Vietnam era saw changes Congress including medical benefits, South central Kansas has been hard hit for the M16 weapon, few of them posi- stealth fighter jets, missile defense, this year by the drought. The corn on tive. In 1980 the Army adopted a dif- the size of the Army and Navy, and ar- the right never got above chest high ferent, heavier 5.56mm round that re- mored vehicles. and dried up months before it was time quired different rifling for the caliber However, for some reason Congress, to harvest. for the most part, has seen fit to give which marginally improved penetra- Paul swathed and will soon bale his the Army a pass on small arms. For tion of armor and helmets but at the failed beans on the left of the photo some reason the oversight committees cost of greatly reducing. and try to save some of that for feed responsible do not aggressively and U.S. troops would find out in Iraq and for cattle this winter. Hard times are regularly question whether the Army’s Afghanistan that the enemy did not there and they are not over. wear helmets or armor. As a result the rifle—the most deployed weapon sys- The United States has a long history rounds would penetrate through the tem for the last ten years—is the best of drought and recovery. From the enemy and exit the other side without that American industry can offer our causing enough damage to incapacitate troops. There are many small arms ex- Dust Bowl to today, we have faced peri- him and he kept fighting. Soldiers have perts that are independent of the in- ods of drought. The thirties were often regularly reported having to fire mul- dustry that can inform Congress on called the worst of hard times. Don tiple rounds into enemy combatants in this issue. I call on my colleagues to Hartwell, a farmer on the Kansas and Iraq and Afghanistan as a result. hold long overdue hearings on this Nebraska border, captured how hard it In 1982 the Army also altered the M16 topic with independent witnesses as was when he wrote this in his diary on to prohibit soldiers from firing on full soon as possible and will continue my May 21, 1936: automatic. The current M16A2 rifle has efforts on this issue to raise awareness 15 years ago, the Republican River bottom a choice between semiautomatic and and push the Army to procure the best was a vast expanse of alfa and corn fields. three-round burst. The M16A2 is now weapons and ammunition for our Now, it is practically a desert of wasted, the only major assault rifle in the troops. shifting sand, washed-out ditches, cockle world fielded for military use that does I yield the floor and I suggest the ab- burs, and devastation. I doubt very much if it ever can be reclaimed. have a full automatic capability. sence of a quorum. As I said the problems we see with The PRESIDING OFFICER. The A few weeks later he wrote in his small arms procurement may not be clerk will call the roll. diary, ‘‘I wonder where we will be a

VerDate Mar 15 2010 02:56 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.062 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5836 CONGRESSIONAL RECORD — SENATE August 1, 2012 year from now?’’ In the 1930s, folks ducers across our drought-stricken in the eyes and ears of the American were faced with severe drought which country with less protection from people because of a concerted campaign resulted in the Dust Bowl. People were Mother Nature. These programs are an of disinformation, a concerted cam- forced to abandon their farms and important safety net for farmers and paign to brand the concept as somehow ranches and give up the only way of ranchers. Farmers and ranchers such slightly outside of the mainstream of life they knew. Crops, livestock, and as Ken and Paul deserve to know what American political thinking. I have to livelihoods vanished with the dust. the future of these programs will be. say it has been a remarkably effective They were unimaginable times. Thank- We should not expect producers to campaign. You can’t sit here and say it fully, those unimaginable times passed plant crops or to buy and sell livestock hasn’t worked. Every opportunity to and the rains came and the Republican if they do not know what the rules are. cast a pall on facts with some kind of River bottom was reclaimed. Putting these programs back in place cockamamie theory has been taken ad- This happened with the help of the and ensuring a sound safety net is vital vantage of, and a lot of money has been good Lord and by individual efforts by for drought recovery, continued con- spent in this process of disinformation those who refused to give in to those servation work, and for the affordable and discrediting. bad times, to give in to nature. If we food supply for the people of our coun- People used to joke years and years look at the drought now and compare try. Kansas farmers and ranchers ago about those who argued that the it to that of the 1930s, we will notice a should not have to keep guessing. It is Earth was flat. For a long period of huge difference. There is no Dust Bowl. too important to their families, their time, people argued that the Earth was The programs and conservation man- industry, and their Nation for more flat, even though the evidence of as- agement tools that were used have delay. tronomers and explorers evidenced that worked. The forward-thinking Amer- We must give agricultural producers it was in fact quite the opposite. So we ican farmers and ranchers, the land- the long-term certainty and support have, in effect, with respect to climate owners who adopted new land and live- they deserve. While we wait for Wash- change in America today what is fun- stock management practices have ington, we will continue to hope and damentally a ‘‘flat Earth caucus’’—a made conservation the most effective pray. bunch of people, some in the U.S. Con- drought mitigation effort available I yield the floor. gress itself, who still argue against all today. The PRESIDING OFFICER. The Sen- of the science, all of the evidence, that But conservation programs are in ator from Massachusetts. somehow we don’t know enough about danger. While many conservation prac- Mr. KERRY. Mr. President, what is climate change or that the evidence tices can be planned and executed by the parliamentary situation? isn’t sufficient or that it is a hoax. We individual farmers and ranchers, cer- The PRESIDING OFFICER. We are have Members of the Senate who argue tain programs administered by the De- on the motion to proceed. it is a hoax. But that is all they do. partment of Agriculture deserve our CLIMATE CHANGE They make the argument it is a hoax, attention so these important initia- Mr. KERRY. Mr. President, a number but they don’t present—and they tives do not expire on September 30. In of us have spoken with increasing con- can’t—any real, hard, scientific, peer- just about 60 days, farm programs will cern—I think probably most Senators reviewed evidence to the effect that it expire, and that means more uncer- have come to the floor in the course of is in fact a hoax. The reason they can’t tainty, compounding an already disas- the last months to express their alarm is there are 6,000-plus peer-reviewed trous drought situation. about the politics that surround big studies, which is the way science has Right now, farmers and ranchers are issues in our country that demand ac- always been done in America. If you wondering the same thing Don tion and not partisanship, not acri- are a scientist and you are a re- Hartwell wondered in 1936: Where am I mony, but which we continue to simply searcher, you do your science and re- going to be 1 year from now? As Con- find a way to avoid. We have been art- search, and then your analysis is put to gress debates the future of domestic ists in the politics of avoidance here in the test by your peers in those par- agricultural policy, it is critical risk Washington over the course of too long ticular disciplines. They pass on the mitigation tools are included for farm- a period now. methodology, the pedagogy by which ers and ranchers. Most important The debt and the fiscal cliff are obvi- you arrived at your conclusions. among these tools is crop insurance. ously perfect examples of where, de- We have more than 6,000 of those With the absence of direct payments in spite all of the warnings and all of the kinds of properly peer-reviewed anal- both the House and Senate versions of expert advice we get, Congress is fun- yses of the science of climate change, a new farm bill, crop insurance is and damentally stuck in political cement and the other side of the ledger has not will remain the last protective tool of our own mixing. No one will credibly one—not one, zero—peer-reviewed anal- available to those producers. deny here the existence of the fiscal ysis that says human beings aren’t Viable crop insurance ensures that a cliff, the crisis of our budget, the tax doing this to the atmosphere and that farm operation can survive difficult system, and so forth. So that, at least humans are not contributing or the times, when there is drought or hail or as an issue that is avoided, gets a cred- main cause of what is happening in flood, in hopes that they can experi- ible amount of words being thrown at terms of the warming of the surface of ence a successful yield the following it. the Earth. year. Farmers always have hope: But there is another issue that, in What has happened is that in Amer- Tough times now? Come back next many ways, is just as serious because ica we all know it. We are seeing it in year. But crop insurance, as valuable of its implications for all that we do on campaigns because of Citizens United. as it is, does not cover all the problems this planet, but which doesn’t any You have these unfathomable amounts agriculture producers face, and par- longer elicit that kind of concern or ex- of money being thrown into the polit- ticularly livestock producers are not pressions of alarm on both sides of the ical system—millionaires and billion- usually generally eligible for crop in- aisle, or from that many Senators. The aires who plunk down millions of dol- surance coverage. two words that have described this par- lars—a $10 million or $20 million check These producers require risk mitiga- ticular issue over a long period of time at a whack—and then what is hap- tion and a safety net just like pro- now have actually become somewhat pening is people buy their facts. They ducers covered by crop insurance. Dis- words of almost skepticism in many create their facts out of whole cloth. aster programs for livestock, along quarters in America, or a kind of As we all have been reminded so with crop insurance for cultivation ag- shrug, where people say: I don’t know many times in the last year, certainly, riculture, give producers the security what I can do about it. It is not some- because of this new debate we are hav- they need to plan and invest for the fu- thing I ought to worry about. Some- ing in America—as our colleague, with ture. body else will take care of it, or maybe whom I was privileged to serve here, Currently, ranchers and cattlemen it is not real. Those words are ‘‘climate Pat Moynihan, reminded us again and are left with few disaster programs. change.’’ again, everyone is entitled to their own The 2008 farm bill disaster farm pro- Climate change, over the last few opinion in America, but you are not en- grams expired this year, leaving pro- years, has regrettably lost credibility titled to your own facts. But in fact, in

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.065 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5837 American politics today, that is not America decided in the early 1970s— President George Herbert Walker Bush true. Apparently, you are, because you with the first Earth Day in 1970 itself, took seriously. To the great credit of can go out and buy them. You can buy and the actions that Congress took George H. W. Bush, he not only sent a some scientist to whom you give some after that in response to the American delegation, he personally went down appropriate amount of funds, and he people—everybody decided we didn’t there and spoke about the issue. He does a study with a particular conclu- want that pollution in the air. We ac- helped to embrace a forward-leaning sion that has to be found, and they tually passed legislation in 1972, 1973, idea. I think 160-some nations signed produce a whole bunch of hurly-burly and 1974 that created the EPA. onto an agreement to try to restrain to surround it and suggest that those America didn’t even have an Envi- greenhouse gases. That was back in are, in fact, facts. ronmental Protection Agency until 1992. It was incredible. The result of this is that over the Americans said we want to be pro- Here we are, 20 years later, and we last year and a half or 2 years, we have tected, and the people in Congress re- could not even get the time for the had this concerted assault on reason, sponded to that. We passed the Clean Senate to send a delegation down an assault on science. This isn’t the Air Act, Clean Water Act, Safe Drink- there, let alone enough people who first time in the history of humankind ing Water Act, Marine Mammal Pro- thought it was important and of inter- we have been through these things. tection, Coastal Zone Management, est. The Earth summit, 20 years later, Galileo was put on trial for his findings and all of these came about because of came and went without any major step and, as we all know, there have been an awareness among the American peo- forward or progress, and the procrasti- countless periods of time—that is why ple because they wanted to make a dif- nation continues. we went through an Age of Enlighten- ferent set of choices or have their poli- Mr. President, today I remember the ment, Age of Reason, as people chal- ticians do so on their behalf. Now, sud- debate when we came back from Kyoto, lenged these old precepts that weren’t denly, there is an assault on the EPA, in 1998 or so, and we had a debate in the based on fact but were sort of raw be- the Clean Air Act and, all of a sudden, Senate about whether the United lief and/or political interests in some pollution doesn’t matter. That is what States should take part in the Kyoto cases, or religious interests in some we are talking about. Treaty. We all know now, as a matter cases. A handful of Senators here, in- Greenhouse gases are, in fact, a pol- of long history, that we didn’t because cluding Senator BOXER, Senator WHITE- lutant. The particulates that come it was viewed as being too unilateral. HOUSE, Senator SANDERS, Senator LAU- with that have the same effect on In fact, everybody had the question of, TENBERG, the occupant of the chair, human beings in terms of their breath- what about China? We can’t possibly and Senator FRANKEN have recently ing, their lungs, the input in some of sign up for this because China will not spoken out about this very process by their food and water, which ultimately do it, and they will go racing ahead of which an incredibly important, legiti- impacts cancer, emphysema, and other us and continue to grow their economy mate issue of concern to all Ameri- diseases that come as a consequence of at the expense of the United States. cans—to everybody in the world—is the quality of air we breathe. Yet we Well, Mr. President, guess what. being completely sidelined because of have this whole notion now that some- Today China is the leading clean en- the status quo interests of powerful how we have gone too far, that we have ergy producer in the world. China. The corporations and other interests in done enough, or that the job has been United States of America invented the America that don’t want to change, or done and we can go home, when, in technologies 50 years ago—of solar and some of whom find political advantage fact, it is exactly the opposite. With re- wind, renewable energy technologies in somehow buying into the theory dis- spect to pollution, there are choices, such as turbines, the transmission, and crediting it. and with respect to health, the single so forth, and photovoltaics. About 4 This has not been an issue on which greatest cause of young Americans years ago, China had about 9 percent of there is a profile of courage by some in going to the hospital in the summer- the market. That was 4 years ago. Two the U.S. Congress who are prepared to time and costing billions of dollars to years ago, China had 40 percent of the stand up and say what they know is the American people is environ- market. Today China has over 70 per- true, but what has become far more mentally induced asthma. That envi- cent of the global solar market, and convenient to avoid. I believe the situ- ronmentally induced asthma comes the United States, which invented the ation we face is as dangerous as any of about as a consequence of the ingredi- technology, doesn’t have one company the sort of real crises that we talk ents that go into the air. All of this is in the top 10 solar panel producers, about. related. solar energy producers in the world. Today we had a hearing in the For- In addition, there is not one person You know what is happening. Ninety- eign Relations Committee on the sub- in the Senate who doesn’t know that five percent of what China produces it ject of Syria. We all know what is hap- we are still more dependent than we exports to other countries, including pening with respect to Iran and nuclear want to be on foreign oil. We are better the United States. So here we are, we weapons, and even the possibility of a than we were, and we have made im- give up our lead, and we don’t get the war. This issue actually is of as signifi- provements, but we are still more de- jobs. Everybody is screaming about cant a level of importance because it pendent than we want to be on foreign jobs. The energy market is a $6 trillion affects life itself on the planet, because oil. We could be doing better with re- market with about 6 billion users. Just it affects ecosystems on which the spect to that if we pursued an intel- to put that in perspective, the market oceans and land depend for the rela- ligent energy policy. We still don’t that created the great wealth of the tionship of the warmth of our Earth have an energy policy after the years 1990s in the United States was in fact a and the amount of moisture there is we have been talking about doing it in $1 trillion market with about 1 billion and all of the interactions that occur the Senate and elsewhere. users. That was the technology mar- as a consequence of our climate. It in- Why is that important to climate ket. We saw it with personal computers volves our health because of policies change? Because energy policy is the and with the rest of the telephone com- that we do or don’t choose to pursue solution to the problem of climate munications technology of the 1990s. with respect to pollution in the air. change. If you have an effective energy We didn’t even have an Internet in the Pollution didn’t used to be a question policy, then you are dealing not only United States until about 1995 or 1996 mark in American politics. We fought with your independence issues, but when that began to be commercialized. that fight in the 1960s and 1970s. Rachel with the sources of carbon and other Yet in that short span of time we cre- Carson started this enormous move- greenhouse gases that are causing the ated more wealth in America than we ment for reasonableness when she problem today. Twenty years ago this had ever created at any time in Amer- warned Americans they were living year, I was privileged to go with the ica’s history. We created 23 million new next to toxic wells and water that had Senator from New Jersey, Senator jobs because we led in that new indus- been polluted by companies that put LAUTENBERG, Senator John Chafee, try. mercury or other poisons into the Senator Al Gore, Senator Wirth, and Here we are today staring at the po- Earth, which went down into the water others, down to Rio, where we took tential of this extraordinary industry— supply, and people got cancer and died. part in the first Earth Summit, which the energy market—and we are just

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.068 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5838 CONGRESSIONAL RECORD — SENATE August 1, 2012 sitting on our hands while other coun- Here again is what Dr. Muller says: a certainty the reason we can breathe tries take it and run with it and grow What about the future? As carbon dioxide on Earth today, the reason it is warm their economies. We are sitting around emissions increase, the temperature should enough for us to live, the reason life saying: Where are the jobs? continue to rise. I expect the rate of warm- itself exists on Earth is because there It is an insult. It is an insult to our ing to proceed at a steady pace, about one is a greenhouse effect. And it is called intelligence. It is an insult to every and a half degrees over land in the next 50 a greenhouse effect because it behaves American’s aspirations about where years, less if the oceans are included. just like a greenhouse. they would like to see our country go. And then he says ominously: The light comes down from the Sun And the fact is it is not just China, but But if China continues its rapid economic at a very direct angle on many things India, Mexico, Brazil, South Korea, and growth— on Earth and is reflected back from countless other countries have taken And I say, as a matter of parentheses, things such as the ice and snow and off greater advantage of this than the who doesn’t believe China isn’t going roofs and parking lots and other United States. to do everything in its power to con- things. But in the ocean and in certain One of the principal reasons we have tinue its growth path and do what it is other dark spots it is subsumed into trouble getting that market moving is doing? So he says: we refuse to put a real price on the that mass, and it goes back much more But if China continues its rapid economic price of carbon. Carbon has a price. Ev- opaque than it comes down in its di- growth (it has averaged 10 percent per year rectness. The reason, therefore, for the erything we are doing to our country over the last 20 years) and its vast use of coal and to our communities today as a re- greenhouse gas is that it doesn’t es- (it typically adds 1 new gigawatt per month), cape. It doesn’t break out of the thin sult of pollution is a price we are going then that same warming could take place in to pay. But that price is not subsumed less than 20 years. veneer of the atmosphere that contains the gases that create the greenhouse into the price of products, the price of Less than 20 years, folks. In North effect, which actually creates an aver- doing business or anything else because Carolina recently State Senators actu- age temperature globally of about 57 we just avoid it altogether. ally voted not to do any planning for degrees Fahrenheit. A lot of people here continue, unfor- the potential of sea level rise, even tunately, to avoid the science and just though scientists today tell us the sea That is why life can exist; we have a not deal with the reality of what is level is rising. Ask insurance compa- greenhouse effect. And it stands to ab- happening. But 2 days ago, Mr. Presi- nies about what they are thinking in solute high school, if not elementary- dent, in the New York Times, there terms of their potential exposure and middle school logic, if a certain was a very important op-ed that ap- liability as we look down the road with amount of gases are contained, and peared, written by a well-known cli- respect to the disasters that could there has always been balance to some mate skeptic Dr. Richard Muller, a pro- come as a consequence of these degree, and you add to that massively fessor of physics at the University of changes. and thicken the amount that is there, California at Berkeley. He has written So the plain fact is we have all of the less heat is going to escape and we many times about how he did not be- evidence—and I am not going to go wind up augmenting that effect of the lieve the science was adequate or had through all of it right now, but it is greenhouse. produced it. Let me read his words. there for colleagues to analyze—count- Scientists tell us now—and I am not This is Dr. Muller: less studies of what is happening in a scientist, but I learned how to listen Call me a converted skeptic. Three years terms of the movement of forests—lit- to them and at least read the science ago I identified problems in the previous cli- erally, movement—as it migrates, and and try to think about it—that in order mate studies that, in my mind, threw doubt to keep the temperature of the Earth on the very existence of global warming. species that have left Yellowstone Na- Last year, following an intensive research ef- tional Park and migrated north. Talk somewhere near where it is today or fort involving a dozen scientists, I concluded to the park rangers. Talk to the folks within the permissible range of change, that global warming was real and that the in Canada and in Colorado and Mon- we have to keep our greenhouse gases prior estimates of the rate of warming were tana and other places about the mil- at—originally, they said—450 parts per correct. I’m now going a step further: Hu- lions of acres of pine trees that have million. As they then noticed the dam- mans are almost entirely the cause. been destroyed by the pine bark beetle age and did more calculation, they That is what this former climate that now doesn’t die off because it came and said: No, 350 parts per mil- skeptic has said. Bottom line: We need doesn’t get as cold as it used to. Talk lion. to be armed with the facts, not with to people in Canada and in the North- Why is this important? Because empty rhetoric. That is exactly what ern United States who used to skate on today, as we are here assembled in the Dr. Muller set out to do. Let me quote ponds that used to freeze over but that Senate, we are now at 397 parts per him again: don’t freeze over anymore. million. We are above where they say We carefully studied issues raised by skep- There are hundreds of examples. Talk you have to hold it. And worse, without tics: biases from urban heating (we dupli- doing anything—and we are not doing cated our results using rural data alone), to the Audubon Society. Ask them from data collection selection (prior groups about the reports from their members anything—we are only adding amounts; selected fewer than 20 percent of the avail- about certain plants and shrubs and we are moving at a rate that will take able temperature stations; we used virtually trees that don’t grow in the same it up to 500 or 600 parts per million. If 100 percent), from poor station quality (we places they used to. There is a 100-mile that happens, we will be at a tipping separately analyzed good stations and poor swath in the United States now where point with respect to the amount of ones) and from human intervention and data there has been a migration of things temperature change—5 to 7 degrees— adjustment (our work is completely auto- and nobody can predict with certainty mated and hands-off). In our papers we dem- that grow and don’t grow. This is going onstrate that none of these potentially trou- to have a profound impact on agri- what happens, except that we know the blesome effects unduly biased our conclu- culture in our country as we go forward ice already melting in Greenland and sions. if it continues. And I would just share in the Arctic will melt faster and dis- Now, obviously, we all know the fu- with my colleagues why that is true appear. As more water is exposed, that ture has a hard way of humbling people beyond any scientific doubt. dark water subsumes more of the heat, who try to predict it too precisely, but The first scientist who actually and the heat creates greater, more I have to say, when the science is wrote something about global climate rapid melting. And that is exactly screaming pretty consistently over a change was a Swedish scientist by the what scientists are seeing in the Arctic period of 20 years—and not just name of Arrhenius, and he wrote and Antarctic today, where whole screaming at us to say it is coming around the turn of the 19th century— blocks of ice the size of the State of back correctly but that it is coming 1890 or something, I don’t remember Rhode Island have broken off and back with faster results in greater the year. But he is the guy who first dropped into the sea and floated south amounts than the scientists pre- said there was this relationship to the to melt. dicted—as a matter of human pre- gases trapped in the atmosphere and There are dozens of other examples of caution that ought to be an alarm bell this thing called the greenhouse effect. what is happening. I said I wouldn’t go and people ought to take note. In fact, science has now determined to into all of them today. I would just say

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.066 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5839 to my colleagues, please read and chal- screams at us more than to tell the We see here a child getting a bottle. lenge the science and talk to the peo- truth to the American people about cli- It is made of plastic, and we don’t real- ple who are the peer reviewers of these mate change, to stop having it be an ly know what is in it. I think we can analyses because we have a responsi- unusable word in American politics and all agree that a chemical that comes bility here, to future generations and not to allow it to become a source of into contact with a child should be to all of us, to try to get this right. attack and ridicule with nonfacts and a tested to see if it is safe. And in the balance of right and wrong, bunch of cockamamie theories that Many, if not most, chemicals in prod- I don’t understand the judgment some have no foundation in science or in the ucts are safe, but we know some are people are making. kind of analysis that does this institu- not. There have been too many cases of We know this is a $6 trillion market. tion justice. toxic chemicals showing up in our ev- We know that if we were to price car- I hope over the course of the next eryday lives that have horrible health bon, the marketplace would move rap- months we can have this fight because effects, and we have found that out idly toward the kinds of technologies nothing less than our economic fu- only after our families have been ex- and new job creation that would re- ture—which is, in the end, our greatest posed. spond to that pricing and the United strength for our military, for our secu- Recently, the Chicago Tribune ex- States could become a seller of these rity, for all of our objectives—that is posed the latest example of untested technologies and a builder of these new what is at stake in this effort. I hope chemicals wreaking havoc in our bod- energy capacities in various parts of we will finally wind up doing what is ies. The Tribune reported that flame the world. right. retardants are widespread in furniture, Astonishingly, the United States of The PRESIDING OFFICER (Mr. electronics, and other items through- America doesn’t even have an energy MERKLEY). The Senator from New Jer- out our homes. In fact, the average sey. grid. The east coast has an energy grid, couch contains 2 pounds of chemical Mr. LAUTENBERG. Mr. President, the west coast has an energy grid, before the senior Senator from Massa- flame retardants. As we see here, a sofa like this looks Texas has its own energy grid, and chusetts leaves the floor, I wish to as if it is all good and no harm could from Chicago out to the Dakotas, there commend him for his constant leader- come, but there could be chemical ma- is sort of an energy grid. But the entire ship on matters of a better environ- center of the United States is just a ment, more effective ways to get our terials in there that are releasing toxic great big gaping hole where we don’t energy without spoiling the environ- fumes. Chemicals in products don’t al- have any connected energy trans- ment and putting what amounts to ways stay in products. Many of them mission capacity, and the result is that toxins in the air. I congratulate him find their way into our bodies. It is not we can’t produce renewable energy for his constant leadership in this area. clear that we are safe with any of these down in the four corners of the South- products because we don’t know just SAFE CHEMICALS ACT west—in Colorado, New Mexico, Ari- Mr. President, one thing Democrats exactly what is in there. In fact, the Tribune tragically found zona, and so forth—and sell it to Min- and Republicans share is a desire to that a typical American baby is born nesota in the wintertime or to New keep our children and grandchildren with the highest concentrations of England, where we pay a very high safe and healthy. Many of us remember flame retardants in the world. And price for energy. We can’t send energy the days when we simply counted to many flame retardants are highly from one part to the other in the make sure our newborns had all of toxic. Children born with high con- United States of America. It is an in- their fingers and toes and breathed a sult. sigh of relief, but parents today face centrations of flame retardants can We need to build a national energy many more threats. As industrial suffer devastating consequences for the grid, and in the building of that grid, chemicals have more common in con- rest of their lives. Flame-retardant there are countless jobs to be created sumer products, we have seen an in- chemicals have been linked to cancer, for Americans and countless tech- crease in certain birth defects, child- developmental problems, and other nologies to be developed. For every $1 hood cancers, and behavioral disorders. health risks. High levels of these billion we spend on infrastructure, we That is why I have written legislation chemicals put newborns at greater risk put 27,000 to 35,000 people to work. If we to reform our chemical management of low birthrates and birth defects, and passed our infrastructure bank effort system and give parents peace of mind then in childhood they face lower IQs here in the Senate, for $10 billion of about chemicals in household products. and problems with fine motor skills. American taxpayer leverage, we could My Safe Chemicals Act passed out of Even in adulthood, women who were have $650 billion to $700 billion of infra- the Environment and Public Works born with flame retardants in their structure investment paid for by Chi- Committee last week, and I hope we blood can have trouble becoming preg- nese investment, by Arab Emirates in- are going to see it on the floor of the nant. Imagine, we are setting our chil- vestment. It wouldn’t cost the Amer- Senate this fall. dren back from day one, before they ican taxpayers a dime to be building We think of the home as a place have taken their first breath. America and putting people to work. where our families are safe. We don’t Flame retardants are just one exam- We are not doing it, and we are not expect the carpet in our bedrooms, the ple of the problems with our chemical even building the energy grid of our shampoo in our showers, or the deter- safety system. According to the Cen- Nation. gent in our laundry to pose a threat to ters for Disease Control and Preven- I must say to my colleagues, the our family’s health. Many everyday tion, Americans typically have 212 in- avoidance here of responsibility for a products contain chemicals. Most dustrial chemicals—including 6 that whole host of choices we ought to be Americans just assume those chemicals cause cancer—coursing through their making—and obviously, yes, it begins have been tested and proven safe. But bodies. We know these chemicals can with the deficit and the debt, and we for the vast majority of chemicals in have serious health effects. We can see can deal with those issues. There isn’t products in our homes, safety testing is what kinds of health effects. Chemical a person in the Senate who doesn’t un- not required, and we look at the arti- exposure accounts for as much as 5 per- derstand what the magic formula is cles that suggest what kinds of things cent of childhood cancers, 10 percent of going to be to do that. But everybody we are talking about. diabetes, 10 percent of Parkinson’s dis- wants to wait until the end of the elec- Every morning, millions of American ease, and 30 percent of childhood asth- tion. I got it. But this issue has been kids wake up in beds that have been ma. That is not a very comforting idea. waiting and waiting for 20 years now treated with chemicals, their break- These chemicals are still around and while other countries are stealing our fasts are cooked on pans coated with untested because the 35-year-old law opportunities to be able to be in the chemicals, and their plates are cleaned that is supposed to assess and protect marketplace and winning. with chemicals. Today, EPA lists more against chemical health risks is bro- Nothing screams at us more than the than 80,000 chemicals in its inventory, ken. That law, called TSCA, is so se- need to have an energy policy for our many of which are in regular household verely flawed that the nonpartisan country that begins to address the re- products—products that our children Government Accountability Office tes- alities of climate change, and nothing are exposed to every day. tified that it is ‘‘a high-risk area of the

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.070 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5840 CONGRESSIONAL RECORD — SENATE August 1, 2012 law.’’ I want to repeat that. The law given a chance to vote for or against say, will be blue-slipped so it will not called TSCA is so severely flawed that the testing of these industrial chemi- take effect, but the problem with that the Government Accountability Office cals. We want to debate it on the floor measure is it would raise taxes on indi- testified that it is ‘‘a high-risk area of of the Senate. We want families to viduals and small businesses. Almost a the law.’’ That is a credible govern- know what we are thinking about as we million small businesses across this ment department saying this is a high- go through this process. They deserve country would pay higher taxes and risk area of the law. to know that Congress cares more they are the generators of jobs for our Of the more than 80,000 chemicals on about their kids’ health than the con- economy. It also raises taxes on capital EPA’s inventory, TSCA has allowed cerns of the chemical industry lobby- gains and it raises estate tax as well. testing of only around 200 chemicals ists. Let me talk about the estate tax or and restrictions on only 5. That is I come to this conclusion: There is the death tax provision for a minute. more than 80,000 chemicals that are risk out there that we take unneces- Right now the estate tax provides an being used routinely, in EPA’s inven- sarily. It is time to take action to clear exemption on the first $5 million and tory, that might affect children or this up. It would be a positive act for then amounts in an estate over that $5 adults in a household. the chemical manufacturers so they million threshold are taxed at 35 per- Until this law is fixed, toxic chemi- would not have to worry about re- cent. However, reverting to the pre- cals will continue to poison our bodies sponding to challenges from laws in 50 2001–2003 tax rates, which happens at and threaten our health. This status States but rather be under one guide- the end of the year unless action is quo is dangerous, and it is unaccept- line that takes care of them all. taken—unless action is taken by both able. We have heard from parents It is time to take action. The health the House and the Senate to extend the across the country that we should not of our children is at stake. I hope my current rates—then we revert to the wait any longer for reform. We had a colleagues across the Chamber will tax rates before the 2001–2003 tax reduc- demonstration here in Washington just stand and say yes, you are right, it is tions. That means instead of a $5 mil- a few weeks ago with people asking for time we challenge what we know is an lion exemption and a 35-percent tax safer chemicals now. They are worried exposure that should not exist. Simply rate on estate tax or the death tax, we about it. They are parents. They don’t done, it would move the process very go to a $1 million exemption with a 55- want their children exposed to chemi- quickly, letting us know that every- percent tax rate after that. cals that might injure their health. thing we have that has a chemical Think about what that means to our It is easy to do. These chemicals component to it is safe for our use. farms and our small businesses across should be tested before they are made Mr. President, I yield the floor and I the country: 24 times more farms will into products, and then we don’t have suggest the absence of a quorum. then be in an estate tax situation and to worry about whether we are doing The PRESIDING OFFICER. The something like 14 times more busi- something that puts our kids at risk. clerk will call the roll. nesses will be in an estate tax situa- We have already waited too long. En- The assistant bill clerk proceeded to tion. What does that mean? What it tire generations have grown up in call the roll. means is when a family member dies homes filled with untested chemicals. Mr. HOEVEN. Mr. President, I ask and it is time to pass on that farm or Every year, more chemicals are intro- unanimous consent the order for the pass on that business, they are going to duced, more children get sick, and quorum call be rescinded. have to borrow money to try to pay the more lives are put at risk. The PRESIDING OFFICER. Without estate tax. That farm or that business I was proud when the Environment objection, it is so ordered. The Senator is going to have to generate enough and Public Works Committee took an from North Dakota. revenue to pay that estate tax. If you important step last week by passing PROGROWTH TAX REFORM cannot pay that estate tax at 55 per- the Safe Chemicals Act. We began Mr. HOEVEN. Mr. President, I rise to cent of the value of what you are pass- working on TSCA reform in 2005. In the speak on the need for progrowth tax re- ing—if that business or that farm can- 7 years since, we have explored the form. It is a subject I have been here on not service that level of debt, then you topic from many angles. We talked to the Senate floor speaking about repeat- have to sell that farm or sell that scientists, workers, business leaders, edly over the course of the year and small business, which may have been in State officials, firefighters, research- certainly over the course of the recent the family for many generations. Re- ers, legal experts, and parents who are weeks. member that those farms, those concerned about their children’s Last week the Senate voted on sev- ranches, those small businesses are the health. We also heard from Senators on eral tax measures. One of the measures backbone of the American economy both sides of the aisle. Throughout this was a measure we offered which would and here we are, at a time when we process, we have listened and we have continue the current tax rates for a have 8.2 percent unemployment and we learned. year, giving us an opportunity to en- are trying to get this economy going The result is a commonsense bill that gage in progrowth tax reform. That bill and we are putting our small busi- lays out a vision for strong but prag- was defeated in the Senate. nesses across this country in that situ- matic regulation of chemicals. The bill The other bill, a bill which I voted ation. requires the chemical manufacturers against, was a bill that would raise That is why it is so important that to demonstrate the safety of their taxes on approximately 1 million small we act. That is exactly what we have products before they end up in our bod- businesses in this country. In fact, that proposed. We have said rather than ies. We already require this for phar- bill was passed. But the fact is that putting our economy in that situation maceuticals and pesticides, so there is under the Constitution any tax meas- right now, let’s set up a 1-year exten- not any reason we should not require ure has to start in the House of Rep- sion of current tax rates, let’s engage the same of industrial chemicals that resentatives. In fact, that is what is in progrowth tax reform where we ac- are found in products in our bodies. going on today. They are voting on a tually lower rates but close loopholes, The European Union, Canada, other measure that would extend the current which will generate economic growth, countries require safety testing, but tax rates for a year, giving us the op- and we will get revenue from economic Americans remain unprotected. That is portunity to engage in progrowth tax growth rather than from higher taxes. not acceptable. reform which I believe would truly help That is vitally important. I have received letters in support of galvanize our economy and raise rev- In fact, on a bipartisan basis 2 years the Safe Chemicals Act signed by more enue for our country, not through high- ago that is what we did, we extended than 300 public health organizations— er taxes but in fact through growth and the current tax rates. I think we had 44 businesses, environmental organiza- through more revenue from economic Democratic votes to do that here in the tions, health care providers, labor growth. Senate. Republicans voted for it. I unions and, again, concerned parents. I believe that is exactly what we think across the board we had 44 votes Twenty-four Senators have cospon- have to support in the Senate as well. on the Democratic side. Also, it was a sored my Safe Chemicals Act and I be- The measure the administration fa- bipartisan measure. I argue that is ex- lieve the full Senate should now be vored, and that was earlier passed, as I actly what we have to do again. Even

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.071 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5841 the President—who came out that he pay almost 70 percent of the income The Senator from Oklahoma is recog- supported doing exactly what I laid out tax in this country. The top 25 percent nized. because, he said, we can’t raise taxes in pay almost 90 percent of the income Mr. INHOFE. I thank the Chair. a recession. He said raising taxes would tax in this country. The top 50 percent (The remarks of Senator INHOFE per- hurt the economy and would hurt job of taxpayers pay 98 percent of the in- taining to the introduction of S. 3473 creation. come tax that is paid in the country. are printed in today’s RECORD under If you look at the statistics today, So the point is, let’s engage in ‘‘Statements on Introduced Bills and we are actually in a more difficult eco- progrowth tax reform that will get our Joint Resolutions.’’) nomic situation now than we were economy growing rather than stagnant Mr. INHOFE. Madam President, I then. Unemployment is at 8.2 percent as it is today. It is that economic have a little bit of a problem in that I and has been over 8 percent for more growth that puts our people back to do not want to take time from the Sen- than 41 straight months. There are 13 work and truly generates the revenue, ator who is in line to speak after me. million people who are out of work, 10 not higher tax rates which will hurt But I would like to serve notice that million people are underemployed, our growth. We can lower rates, close there have been several things that which makes 23 million people either loopholes, come up with a fairer sys- were said on the floor today concerning looking for work or looking for a bet- tem that is simpler and will generate this whole idea of global warming. We ter job. Middle-class income has de- revenue through economic growth. had a hearing this morning. It was clined from approximately $55,000 to That is the only way that economic kind of revealing because they have about $50,000 since this administration growth, along with controlling and done everything they can to pass cap took office. Food stamp usage has in- managing our spending, will get us on and trade, and it has not happened. creased from 32 million recipients to 46 top of our debt and deficit and get I wish to correct some statements million recipients, and as we have seen, Americans back to work. We need to do that were made by Members. When the economic growth is about 1.5 percent. it in a bipartisan way. We can do it. We time comes that I have about 20 min- As far as job creation, there were have done it before, and we absolutely utes to do this, I will do that. It will 80,000 jobs gained during the month, need to get started, and get started probably have to be later today be- but we need 150,000 jobs gained during now, for the good of the American peo- cause of the clock that is running now. the month just to keep up with popu- ple and the good of our country. I yield the floor for my friend to take lation growth and not have our unem- If I may, I want to close on one short his turn. ployment rate increase. So these are message; that is, as the House works on The PRESIDING OFFICER. The Sen- the facts, and the facts speak for them- a tax measure—as I described today— ator from Colorado is recognized. selves. We need to extend the current to extend the current tax rates and put Mr. UDALL of Colorado. Madam tax rates, we need progrowth tax re- us in a situation where we can truly President, I rise this afternoon in sup- form on a bipartisan basis, and we need engage in progrowth tax reform, I also port of the bipartisan Cybersecurity to get control of our spending. urge my colleagues in the House to Act of 2012, and I wish to share my con- If we look at the latest numbers from make sure that at the same time they cerns about the very real cyber threat CBO, CBO says without taking those are acting on farm bill legislation and facing our country. Most importantly, steps we are looking at economic not just the drought legislation. I rise to urge all my colleagues to move growth next year of maybe one-half We passed a farm bill in this Senate forward to the passage of this pending percent for the entire year. If we take several weeks ago on a bipartisan cyber security bill for the good of our the steps to address the fiscal cliff, as basis. I hope they are able to do the national security. Top experts and re- I have described, and take those steps same thing and pass a farm bill in the spected members of both political par- to undertake progrowth tax reform, House on a bipartisan basis as well ties have told us that time is wasting; CBO talks in terms of a 4.4-percent that we can go to conference with. I be- we must debate and pass this critically growth rate next year. Think what lieve the bill we produced in the Senate important piece of legislation. that means to 13 million unemployed and the bill they have produced in the Cyber security policy is an issue with people. It means the difference between Agriculture Committee can be brought which I am deeply involved, given my getting a job and not getting a job. together in a conference committee. seats on the Senate Intelligence Com- The uncertainty that our economy We can pass a farm bill that will be mittee and the Senate Armed Services faces right now because of the expira- cost effective, will save money, and Committee. Moreover, Colorado’s mili- tion of the current tax rates at the end help reduce the deficit. tary and defense communities play a of the year, and businesses not know- The bill we passed would generate $23 prominent role in defending our coun- ing what is going to happen, is freezing billion in savings to help address the try, the United States, against cyber investment capital on the sidelines and deficit. It would provide the right kind attacks. freezing business expansion. There is of safety net for our farmers and ranch- The Air Force Space Command, lo- more private capital and investment ers and ultimately this: Good farm pol- cated at Peterson Air Force Base in capital sidelined now more than in the icy benefits every single American be- Colorado Springs, is responsible for history of our country. We unleash it, cause our farmers and ranchers protecting American space-based as- and we get it going not by raising taxes produce the highest quality, lowest sets from network intrusions. The U.S. but by providing the legal tax and reg- cost food supply in the world. That Northern Command, also located at ulatory certainty—the kind of benefits every single one of us, not to Peterson Air Force Base, recently es- progrowth tax reform with closing mention creating a lot of great jobs tablished a Joint Cyber Center to help loopholes, as I have described—to get throughout the country. provide on-demand cyber consequence this economy going. So I call on the House to act on that response to civil authorities. The administration says: Well, every- farm bill as well as engage in the kind Multiple defense and technology in- one needs to pay their fair share. I of progrowth tax reform that I know dustry companies based in Colorado think that is certainly true. We are will truly benefit our country. also contribute hardware, software, saying exactly that. That is exactly With that, Mr. President, I note the and expertise to the effort to keep our what we do by engaging in progrowth absence of a quorum. networks and infrastructure secure. tax reform and closing loopholes. Ev- The PRESIDING OFFICER. The Our Federal labs also conduct critical eryone is treated fairly, and everyone clerk will call the roll. research into cyber security, most no- pays their fair share. The assistant legislative clerk pro- tably the National Institute of Stand- In fact, just to give a sense of that ceeded to call the roll. ards and Technology, otherwise known whole concept, let’s look at who pays Mr. INHOFE. Madam President, I ask as NIST, which is located in Boulder. the income taxes right now according unanimous consent that the order for They play a key role in helping estab- to the National Taxpayers Union. the quorum call be rescinded. lish cyber security standards. Today the top 5 percent of taxpayers The PRESIDING OFFICER (Ms. KLO- The threats posed by cyber attacks pay almost 60 percent of the income BUCHAR). Without objection, it is so or- have long been recognized, but we in tax in this country. The top 10 percent dered. the Congress have yet to act upon

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.072 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5842 CONGRESSIONAL RECORD — SENATE August 1, 2012 these threats in a comprehensive way. address some of the remaining con- Mr. INHOFE. I understand the next It is as if we see the danger in front of cerns of the bill’s opponents. As much speakers are in the cloakroom at this us, but yet we cannot find the courage as the bill’s authors have compromised time. I suggest the absence of a to face it. But Congress cannot afford and worked with groups and businesses quorum. to wait for a 9/11-sized attack in order from across the policy spectrum, one The PRESIDING OFFICER. The to act. Waiting for a catastrophic act— would think they would get more in re- clerk will call the roll. something military and intelligence turn from the Republicans than a de- The bill clerk proceeded to call the leaders and a bipartisan collection of mand to vote on the repeal of health roll. national security experts are warning care reform. But that is where the de- Mr. LEAHY. Madam President, I ask us against—is the exact opposite of bate stands, and it is not a proud mo- unanimous consent that the order for leadership and the exact opposite of ment for our Chamber. the quorum call be rescinded. what our constituents expect us to do. The cyber security bill before us may The PRESIDING OFFICER. Without This debate, to me, has seemingly, not be perfect. In fact, I have offered objection, it is so ordered. unfortunately, unraveled into an anti- three amendments that I believe make VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT quated argument about the public sec- this an even stronger bill. tor versus the private sector. We can- The first would require the adminis- Mr. LEAHY. Madam President, more than eight months ago, Senator CRAPO not let old ways of thinking bog us tration to provide a detailed plan on and I, two Senators from very different down. This is a threat that can only be how it would develop a highly trained, parts of the country with very different addressed by both the public and pri- robust Federal cyber security work- political perspectives, joined together vate sectors working together. force. A stronger Federal workforce to introduce the Leahy-Crapo Violence The private sector owns 85 percent of will not only better protect govern- Against Women Reauthorization Act of our Nation’s critical infrastructure, ment assets, but these individuals will 2011. We put aside our political dif- which is itself heavily dependent on go on to fill critical roles protecting ferences, listened to the law enforce- computer networks. A successful at- cyber assets in the private sector. ment and victim services professionals, tack on our critical infrastructure My second amendment would estab- and drafted a bill that put victims could result in disabled power grids, re- lish permanent faculty positions to first. fineries, and nuclear plants, disrupted train the next generation of military It has been more than 3 months since rail systems and air traffic control and cyber leaders at the U.S. Air Force an overwhelming majority of the Sen- telecommunications networks. A suc- Academy. ate joined us in our bipartisan effort to cessful attack could bring commerce to My third amendment would require pass the Violence Against Women Re- a halt, our financial markets to their the assessment of the costs and bene- authorization Act of 2011 with 68 votes, knees. It could also escalate into a war fits of building a strategic stockpile of more than two-thirds of this body, in- in cyber space or even a shooting war. extra high voltage transformers. We do cluding every woman Senator, Repub- To defend against these serious not produce these highly specialized lican and Democratic. In doing so, the threats, particularly those that involve pieces of equipment domestically, and Senate sent a very clear message. We national security, there needs to be an it would take months to replace trans- said stopping domestic and sexual vio- exchange of information between the formers damaged by a physical or lence is a national priority, and we are public and the private sectors. Of cyber attack. going to stand together, Republicans course, allowing the government and I hope my colleagues will join me in and Democrats alike, to protect all vic- industry to share information must be passing these commonsense amend- tims from these devastating crimes— done with sufficient safeguards, so any ments aimed at improving our national all victims. It was very clear. If you legislation authorizing such sharing security. are a victim of domestic and sexual vi- needs to strike a balance between pri- This cyber security bill is over 3 olence, we are passing laws to help pro- vacy and civil liberties protections. I years in the making. I find it ironic tect you, no matter who you are or believe the bill’s authors have achieved some argue the process has been rushed where you live in this country. such a balance. and we need more time. But I believe Having sent such a strong bipartisan I recognize it is often difficult to find this bill is long overdue and we simply message from this body, I was—I don’t consensus on how to defend our Nation cannot afford not to act. know whether to say bewildered or from security threats. Sometimes that As the head of U.S. Cyber Command shocked to see the House Republican is because we cannot agree on the na- and the Director of the National Secu- leadership abandon the bipartisan ap- ture of our vulnerabilities and in what rity Agency, General Alexander, wrote proach that was so successful in the priority to address them. Unfortu- in a letter to Congress this week, ‘‘The Senate. Instead of allowing a vote on nately, sometimes Congress is too po- cyber threat facing the Nation is real the Senate-passed bipartisan bill that larized to act until after a crisis oc- and demands immediate action.’’ has the support of more than 1,000 na- curs. This is coming from the national se- tional, state, and local victim service But in the case of cyber security, we curity official who knows more than organizations, they insisted on crafting already know our Nation’s computer anyone about the cyber threats facing a new, partisan measure that inten- networks are increasingly vulnerable. our country. As a member of the Intel- tionally stripped out protections for There is widespread agreement about ligence Committee, I take his cautions some of the most vulnerable victims the severity of the threat. Just last and advice very seriously. The rest of and weakened existing protections for month, Defense Secretary Panetta tes- us should as well. others. They refused to allow votes on tified before Congress that cyber at- As I close, I urge all of us, let’s put amendments as we had done here in the tacks could ‘‘virtually paralyze this aside partisan ploys and partisan dif- Senate, choosing to stifle a full and country.’’ The threat is not impending, ferences. Let’s work together to amend honest debate about how to best meet it is here. We already know many of and pass this vitally important cyber the needs of victims. the steps we need to take to mitigate security bill. This overtly political approach was or prevent these attacks. The only I yield the floor. too much even for some in their own issue getting in the way is politics. The PRESIDING OFFICER. The Sen- party. Nearly two dozen House Repub- Frankly, Coloradans are tired of this. ator from Oklahoma. licans, including the chair of the crime They want us to reason together and Mr. INHOFE. Madam President, I un- victims’ caucus, stood up and voted solve our most vexing national chal- derstand the floor time is pretty much against the inadequate and harmful lenges. used up between now and 6:30. I have House bill. That opposition was not The Cybersecurity Act of 2012 is not made inquiries. I understand I will surprising since a similar provision of- overly intrusive. It has been scaled have time at 6:30 for 25 minutes. I ask fered during the Senate debate was re- back to a voluntary system of indus- unanimous consent that I be recog- jected by 61 Senators, including nine try-driven security standards for crit- nized at 6:30 for 25 minutes. Republicans. ical infrastructure. The bill’s authors The PRESIDING OFFICER. Without The House Speaker’s recent an- have offered a further amendment to objection, it is so ordered. nouncement naming as conferees only

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.075 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5843 Republicans who supported that mis- tation bill and the FAA reauthoriza- the Senator from Washington, who has guided and deeply partisan effort is tion bill. Let’s be clear about this— championed this bill and helped us all hardly a step forward. Instead, I wish with just a little cooperation from Sen- see the urgency of approving it. the Republican House leadership would ate Republicans, we can move VAWA In the minutes that I will be talking, do what it should have done four now. What I am saying is that just as and they will be brief minutes, every months ago—take up, debate, and vote 68 of us, Republicans and Democrats, minute, two to three women will be- on the bipartisan Senate-passed bill. I came together before to pass this bill, come victims of domestic abuse. Every have no doubt we could reauthorize I would urge the Republican leadership minute that I am standing here, every this life-saving bill in short order if to join us and stop blocking it from minute that we occupy with debate and they would just allow their members a moving forward. delay on this measure, two to three straightforward vote on the merits. We have only a precious few days left people in the United States, the great- Instead, Speaker BOEHNER continues in this Congress to get this bill passed. est country in the history of the world, to hide behind a procedural techni- The procedural excuses must stop. Par- will become victims of domestic vio- cality, called a ‘‘blue slip,’’ as an ex- tisan politicking must end, just as Sen- lence. cuse to avoid debating the bipartisan ator CRAPO and I, two Senators of dif- We cannot afford to wait. That is Senate bill. He acts as if he has no ferent political philosophies, came to- why I urge that my colleagues advance choice, but this is nonsense. The gether when we started this process so this critical piece of legislation and Speaker can waive the technicality and many months ago, we came together to urge the House of Representatives to allow the House to vote on the Senate focus on the victims but also to make agree to the Senate version of this bill bill at any time. He is choosing to hold good on our promise to stop domestic so we can make this bill more inclusive up this bill, and those efforts must and sexual violence in all its forms to include Native Americans and immi- stop. against all victims. grants and others who would not be Since the Senate bill passed, I have I have said so many times on this covered by the House version. been consistently calling for House ac- floor, this matter is deeply personal. I We find ourselves at a crossroads. We tion on the legislation. Earlier this went to a lot of these crime scenes as can either strengthen VAWA or we can summer, Senator MURKOWSKI and I a young prosecutor, a young prosecutor retreat and go back. I say let’s go for- wrote a bipartisan letter to Speaker with a young family. I would see a vic- ward with the philosophy that the Sen- BOEHNER, urging him to allow an up-or- tim of violence, sometimes a bloodied ator from Vermont has articulated so down vote. Two weeks ago, five House and barely conscious victim being well as a prosecutor, not to mention Republicans followed suit, calling on taken in an ambulance to the hos- knowing how our police work. We do Speaker BOEHNER and Majority Leader pital—but sometimes seeing a bloody not ask whether someone is an immi- CANTOR to take up the Senate-passed corpse on the floor and then we would grant, what their sexual preference is, bill to resolve the ‘‘blue slip’’ problem. find out, as we unraveled the case, that whether they are Native American. We And yesterday Republican Representa- we could have intervened and stopped protect them if they are victims of do- tives BIGGERT and DOLD again urged this death if we had only had the tools. mestic abuse and violence. That should the House to work with the Senate to Well, now those early detection and be our philosophy in the greatest coun- get this vital legislation signed into intervention tools exist and we can try in the history of the world. law. stop this violence. Those tools, critical There are two protections for bat- But if the Speaker and the Repub- resources to reduce domestic violence tered immigrant women in VAWA that lican leadership in the House insist on homicide, are in the Senate-passed are particularly important. The first ignoring victims and the voices of the VAWA bill but they will not become allows immigrant women married to an professionals in the field, and those in law unless we act to pass this legisla- abusive U.S. citizen to apply for legal their own party, and continue to delay tion now. status independent of that spouse. The this crucial legislation on a techni- What I also learned is that the police second, which is the U visa, provides cality, a technicality which has been officers who came to help investigate temporary status to victims who co- waived over and over and over again and help get the perpetrator, they operate with law enforcement to pros- since I have been in the Senate, I think never asked: Was this victim a Repub- ecute their abuser. the Senate should once again lead by lican or Democrat, rich or poor, white The reauthorization of VAWA is cur- example. or black, gay or straight, Native Amer- rently stalled principally because of We can solve this problem tonight— ican or immigrant. They just said, as I the U Visa provisions in the Senate tonight, within the next few hours. If have said so many times on the floor bill, S. 1925. the Senate Republican leadership and the distinguished Presiding Officer, Let me illustrate the importance of wants to get VAWA, the Violence who herself was a prosecutor, has said: this provision with one story. A woman Against Women Act, done, it can be A victim is a victim is a victim. who came to Connecticut from Guate- done. We could take up a House rev- I do not want to just be able to arrest mala fled her native country to escape enue bill, substitute the bipartisan people after the victim is dead. I want her abuser and arrived in Connecticut Senate VAWA bill, and send it to the programs to stop the person from being in 2005. Her abuser followed her to Con- House immediately. abused in the first place. I want to pro- necticut, where he continued to abuse To those who are watching and lis- tect victims before they become vic- her. He was eventually deported to tening, this may sound like, what are tims. If there is anything in this coun- Guatemala on criminal charges, but these legislative moves? What they are try that should unite all of us, it she found herself in another abusive re- is a simple thing I have seen done hun- should be this, just as it united us be- lationship. Eventually, she was able to dreds of times since I have been here. It fore. Let’s send it on to the other body. find shelter at a local domestic vio- would be our way of saying we want to Let’s get it passed. Let’s get it on the lence agency. She could not convince stop violence against women. We have President’s desk, and let’s hope we save family to sponsor her so she could passed a bill that had Republicans and the lives of people. apply for legal status. She would have Democrats come together across the Helping these victims—no matter had nowhere to turn but for a transi- political spectrum. Now we are sending who they are—must be our goal. Their tional living program for domestic vio- it to the other body, saying follow our lives depend on it, and they are waiting lence victims that connected her to a example. on us. Connecticut legal aid attorney, who Majority Leader REID proposed this I yield the floor. then enabled her to file for a new visa. path forward nearly 2 months ago, but The PRESIDING OFFICER. The Sen- I am happy to report that this con- he was blocked by the Republican side. ator from Connecticut is recognized. stituent survivor received her new visa There is no good reason for their objec- Mr. BLUMENTHAL. Madam Presi- in May of 2012. Because of VAWA, she tion. Just this year, Republican Sen- dent, I am honored to follow the Sen- is now safe, and so is her son. ators unanimously agreed to a similar ator from Vermont, who has been such This story is repeated countless procedure in order to overcome blue an extraordinary leader in this area, times across Connecticut and the coun- slip issues with both the transpor- and look forward to yielding shortly to try by women who suffer in silence.

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.076 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5844 CONGRESSIONAL RECORD — SENATE August 1, 2012 Their undocumented status makes to 35 percent in the LGBT community Mrs. BOXER. Is it not correct that them particularly vulnerable and pow- experience domestic violence in their the House passed its version and left erless to escape their abusive situa- relationships. Three in four abused im- out 30 million Americans? tions. My constituents tell me—and I migrant women never entered the proc- Mrs. MURRAY. The Senator from want to listen to them—that we cannot ess to obtain legal status, even though California is correct. In fact, those 30 afford to compromise those basic pro- they are eligible. Why? Because their million Americans would be covered tections that are fundamental to abuser husbands never filed their pa- under the Senate bill. We made sure human rights and dignity, and that is perwork. that Native American women are cov- why I urge this body, and the Congress This should make it perfectly clear ered, and we put in important provi- as a whole, to move forward, not back- to our colleagues in the other Chamber sions to make sure campus violence is ward. that their current inaction has a real covered, and those provisions have Again, every minute, two to three impact on the lives of women across been left out of the House bill. women become the victims of domestic America affected by violence. Where a Mrs. BOXER. Yes. And the immi- violence. The consequences of this hor- person lives, their immigration status, grant women, as the Senator has dis- rific problem are too high and the costs or who they love should not determine cussed, which Senator BLUMENTHAL too dire to stay the course and simply whether perpetrators of domestic vio- pointed out, are the most vulnerable repeat the inaction we have seen so far. lence are brought to justice. because they are so afraid of their sta- Thousands of victims of domestic vi- Last week, the New York Times ran tus, they are very scared to report that olence are entrusting us with their an editorial on this bill that gets to the someone is raping them, beating them, safety today. We have an obligation to heart of where we are. It began by say- or harming them every single day; is them to avoid the gamesmanship, end ing: that correct? the gridlock, and move forward with S. House Republicans have to decide which is Mrs. MURRAY. The Senator from 1925. more important: protecting victims of do- California is absolutely correct. We I thank the Chair and yield the floor. mestic violence or advancing the harsh cannot even imagine what it is like to The PRESIDING OFFICER. The Sen- antigay and anti-immigrant sentiments of have somebody hold that kind of power some of their party’s far right. At the mo- ator from Washington is recognized. ment, harshness is winning. over you and use it to beat you day in Mrs. MURRAY. Madam President, I and day out. We cover those women in The editorial also made the point thank Senator LEAHY and Senator this bill so that they have the protec- that it doesn’t have to be this way. It BLUMENTHAL and so many others who tions they ought to have as human pointed out: have come to the floor to speak on this beings. critical issue. In May, fifteen Senate Republicans joined Mrs. BOXER. Isn’t it fair to say that with the chamber’s Democratic majority to Today the women of the Senate and approve a strong reauthorization bill. the 30 million people we cover—which the men who support the Violence It ended with what we all know it the House leaves out—include college Against Women Act are on the Senate will take to move this bill forward: students, enhanced protections for floor to give Speaker BOEHNER and the them on campus; the LGBT commu- leadership from Congressman BOEHNER. Republicans another chance to do what The effort that was started in the Sen- nity; Native American communities; is right. It is another chance to stop ate last week—an effort that will con- and undocumented immigrants; is that the delay. It is another chance to pro- tinue for as long as it takes—is a call correct? vide peace of mind to 30 million women Mrs. MURRAY. The Senator is cor- for the very same—leadership. whose protections are at risk, and it is rect. It is time for Speaker BOEHNER to another chance to pass the inclusive, look beyond ideology and partisan poli- Mrs. BOXER. As my friend pointed bipartisan Senate, Violence Against tics. It is time for him to look at the out, is it not true that when you look Women Act bill. history of a bill that again and again at rates of violence against these par- The bipartisan Senate bill passed al- has been supported and expanded by ticular people in our communities, most 100 days ago by a vote of 68 to 31. Republicans and Democrats and end they are higher than the population at Fifteen of our Republican colleagues the delay because, frankly, it is taking large? on the floor—I will repeat that—15 Re- Mrs. MURRAY. The Senator from a toll. publicans joined us that day, and they Every moment the House continues California is correct. did so because they know the history of to delay is another moment that 30 Mrs. BOXER. Isn’t it fair to say that this bill. They know every time the Vi- million vulnerable women are without the House bill—their version of the Vi- olence Against Women Act has been re- the protections they deserve in this olence Against Women Act left out the authorized, it has consistently included country. most vulnerable people who are the bipartisan provisions to address the The women this bill protects have most susceptible to violence? women who have not been protected. seen their lives destroyed by the cow- Mrs. MURRAY. The Senator from They know domestic violence protec- ardice of those who claimed to care for California is correct. That is why we tions for all women should not be a them. We have a chance now to stand have work to do, in a bipartisan fash- Democratic or Republican issue. for them where others have not. But ion in the Senate, to make sure in this But here we are back on the Senate the only way we can help protect these country, America, we do not discrimi- floor urging support today for a bill women is to prove that we as a nation nate against women when it comes to that should not be controversial. Just have the courage to do so—the courage violence. as we did last week, just as we are to show them that discrimination has Mrs. BOXER. I have two more points, doing today, and just as we will do in no place in our domestic violence laws. and then I will yield to my friend so the coming weeks, we will be making To do that, we need to pass the Sen- she can make the unanimous consent sure this message resonates loudly and ate’s inclusive, bipartisan Violence request. clearly both in Washington, DC, and Against Women Act. Isn’t it also true that the excuse back home in our States because we Mrs. BOXER. Will my friend yield for Speaker BOEHNER is giving as to why are not going to back down—not while a question? he will not take up and pass the bipar- there are thousands of women in the Mrs. MURRAY. Yes. tisan Leahy-Crapo bill, isn’t it true country who are excluded from the cur- Mrs. BOXER. I have a question, and I that the excuse is that there is a tech- rent law. want to make sure everyone listening nical problem, which he calls a blue The numbers are staggering. One in to this debate gets what is about to slip, in the Senate bill? And isn’t it three Native Americans will be raped happen. true that my friend today is going to in their lifetime. Two in five of them Is it not true that the Senate passed ask unanimous consent to correct that are victims of domestic violence, and the bipartisan Leahy-Crapo Violence problem so that we can send this inclu- they are killed at 10 times the rate of Against Women Act with well more sive bill over to Speaker BOEHNER? the national average. than 60 votes? Mrs. MURRAY. The Senator from Those shocking statistics are not Mrs. MURRAY. Yes, the Senator California is correct. It seems to me just isolated to one group of women; 25 from California is correct. such a simple procedure to do, which

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.078 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5845 we have done many times in the Sen- just have to say that it is stunning to Senate but in a way where everybody ate, to just by unanimous consent send me that the Senator has objected to a knew it wasn’t going to get through the Speaker back the bill so he can’t simple procedure that we have done the House of Representatives. But it put a piece of blue paper in front of us many times on Transportation bills was a very convenient political issue. and say that stands between women and FAA bills and, sadly, now there is Later on, we had the equal wages for and the protections we are trying to an inability to provide protections for women legislation that came up for pass for them today. the women we have been talking about. about a week. Once again, everybody Mrs. BOXER. Finally, I hope, when The PRESIDING OFFICER. The Sen- knew that wasn’t going to go anyplace, my friend makes the unanimous con- ator from Iowa. but it was debated in this assembly, sent request, to take the very same Mr. GRASSLEY. Madam President, I taking up time from a lot of important text of the Violence Against Women am going to make a unanimous con- issues that ought to be dealt with—the Act, which passed this body with well sent request dealing with the same sub- economy and creating jobs. We spent a over 60 votes, and put it into a bill that ject. week on that. would overcome the technical problem Before I do that, I am astounded that Then we spent a week on taxing the and enable us to send it back to the it took 100 days for the majority to de- rich, and everybody knew that wasn’t House. It is my strong hope that the cide that the bill they wanted to send going to go anywhere. Republican leadership will not object. to the House would be blue-slipped be- I think we spent a month on interest If they do, let the whole country under- cause they kept saying it really wasn’t rates on student loans. Everybody stand what they are objecting to: a way subject to a blue slip. Obviously, the knew there was a bipartisan solution to fix this technical problem so that Constitution gives the House of Rep- to that, but nobody wanted to go there Speaker BOEHNER and the Republicans resentatives the power to make that until the President had a whole month can pass the Senate bipartisan Vio- decision, and they made the decision of going to university campuses to lence Against Women Act and include that the fee in this bill would keep it blame Republicans for not passing a the 30 million people who have been from being accepted by the House of bill that would keep interest rates low left out. Representatives. on student loans. I thank my friend for yielding. They have obviously overcome that Then we spent last week on the DIS- Mrs. MURRAY. I thank the Senator problem. But they have not overcome CLOSE Act. Everybody knew that from California and say that she is ab- some other problems with the legisla- wasn’t going to go anyplace. solutely correct. What I am about to do tion. My reason for objecting for people So we have had a whole spring and is to ask consent to do what we have on my side who voted against this bill summer in this body of accomplishing done on many pieces of legislation, in- is because of some unconstitutional nothing because there is a strategy be- cluding the jobs and Transportation provisions that it contains, and issues tween the White House and the leader- bills the Senator from California was that don’t have to be brought up to ship of the Senate to help this Presi- able to pass, and the Senate overcame guarantee there is adequate legislation dent get reelected. And to keep away that technicality through a motion on for fighting violence against women. from issues the people of this country the floor. By the way, I believe this act, which are concerned about, which are the We have done it time and time again has been on the books for more than a economy and creating jobs and the fact on bills like that. It seems to me that decade and a half, is going to be carried that this White House and this Senate on a bill like this, which is affecting so on. So there is not going to be a situa- aren’t going to do anything to work many women and their right to protect tion where, whether or not we go through those issues. themselves and the ability to get help through this process, there is not going Here in the Senate it is an issue of in their communities, there should not to be legislation protecting women on politics and not an issue of process. I be a technicality between them and our the books. It is just a question whether think the American people know the passing protections for them in this it will be expanded in a way that was games being played, and they are sick country. intended to make the bill controversial and tired of it. UNANIMOUS CONSENT REQUEST—H.R. 9 so, presumably, it could be made a po- So I ask unanimous consent that the Having said that, I ask unanimous litical issue in an election year. Senate proceed to the consideration of consent that the Finance Committee What bothers me about this whole Calendar No. 406, H.R. 4970, the House- be discharged from further consider- process—besides the fact it has taken passed Violence Against Women Reau- ation of H.R. 9 and the Senate proceed 100 days to get to the point of offering thorization Act; provided further that to its consideration; that all after the it for conference—is it fits into a pat- all after the enacting clause be strick- enacting clause be stricken, and the tern of doing things at the last minute. en, the text of the Senate-passed vio- language of S. 1925, the Violence We are 2 days away from a recess, and lence against women bill, S. 1925, with Against Women Act reauthorization, as this is brought up at this particular a modification that strikes sections 805 passed in the Senate on April 26 by a time. I have to ask why. Why not and 810 related to the immigration pro- vote of 68 to 31, be inserted in lieu sometime during the last 100 days? visions; that the bill be read three thereof; that the bill, as amended, be I also see a pattern of this maneuver times and passed, the Senate insist on read the third time and passed, the mo- fitting into the maneuvers that have its amendment, request a conference tions to reconsider be laid upon the been going on ever since, I believe, the with the House, and the Chair be au- table, with no intervening action or de- spring break we had in the Senate. thorized to appoint conferees on the bate, and that any statements related Ever since then—as reported in an arti- part of the Senate with a ratio agreed to the bill be printed in the RECORD. cle published in the newspaper we to by both leaders. The PRESIDING OFFICER. Is there know as Politico a couple of months The PRESIDING OFFICER (Mr. objection? ago about a strategy between the WHITEHOUSE). Is there objection? Mr. GRASSLEY. Madam President, White House reelection effort and The Senator from Washington. rather than doing the usual thing and things that go on in the Senate—we Mrs. MURRAY. I object. reserving the right to object, I will ob- seem to have a crisis every week. The PRESIDING OFFICER. Objec- ject, and then I would appreciate the We came back from the spring break, tion is heard. courtesy, before I offer a parallel UC, and we had the Buffett tax rule. That The Senator from Washington. to make my remarks. was carried on for a week. Everybody Mrs. MURRAY. Mr. President, I lis- Mrs. MURRAY. Madam President, knew that wasn’t going to pass, but we tened carefully to the passion of the has the Senator from Iowa objected to wasted a whole week on the Buffett tax Senator from Iowa on behalf of the Re- my request? rule. publican majority and Speaker BOEH- The PRESIDING OFFICER. Objec- Then this issue was brought up before NER, and, frankly, I have to say it is of- tion has been heard. The Senator from and passed about that time as part of a fensive to say that the issue of violence Iowa—— strategy of having a war on women against women is about politics. This Mrs. MURRAY. Madam President, come up as an issue. That ended in this is about women who are abused, women the Senator from Iowa has objected. I legislation being passed through the who are powerless to fight back, and

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.079 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5846 CONGRESSIONAL RECORD — SENATE August 1, 2012 women being able to get the protection the bus. That is not what we have diabetes or elevated glucose levels, they need in this country that has pro- fought for year after year on bipartisan known as prediabetes, and diabetes can vided protection for a very long time, legislation when we passed the Vio- often lead to other chronic diseases, to make sure women who are immi- lence Against Women Act before. It is such as heart disease. grants, women who live in a tribe, inclusive, it is bipartisan, and it is But as grim as these statistics are for women who are gay and lesbian, above ideology and partisan games. It our country, we also have some of the women who are on college campuses is a bill that makes sure that no mat- best health care researchers in the get the protection this legislation sup- ter who you are or where you live or world. A few years ago, the Centers for ports. This is not about politics, this is whom you love, you are protected in Disease Control and Prevention, the about violence and this country stand- this great country in which we live. CDC, conducted a pilot program called ing up and saying we are going to pro- Politics has no place in this. I would the Diabetes Prevention Program in tect them. agree with the Senator from Iowa. Who two cities: St. Paul, MN, and Indianap- Make no mistake about it, what the is playing politics? We will leave it up olis, IN. This program, which was ad- Republicans are saying is that they for those who are watching. What I ministered by the YMCA, is a program want to move this bill to conference so have asked is that the Senate do what focusing on 16 weeks of nutritional they can strip out those provisions. we have done many times on many training, eating healthy, and physical Well, they have crossed a line—a line bills—move this bill to the House in a activity. It costs about $300 per partici- that in the history of this nonpolitical, bipartisan way and pass it, and then pant. The results of this pilot were ex- bipartisan bill has been so deeply im- politics won’t matter, women will be traordinary. Among adults with portant to so many of us. They made covered. prediabetes—who are at the highest this bill about politics just now. I find I hope our Senate colleagues who risk for developing type 2 diabetes—the that offensive. have objected and the Speaker will re- program reduced chances that a partic- What they want is to take the Sen- consider. They can easily pass this bill ipant would be diagnosed with diabetes ate’s bipartisan-passed bill, supported today or next month, put it in place, by 58 percent. For adults over the age by both Republicans and Democrats and women in this country can say the of 60, it reduced the likelihood of being here, send it to conference, and then leaders of this country are fighting for diagnosed with type 2 diabetes by 71 percent. pick it apart. They want to take it to them. That is why Senator LUGAR and I in- conference so they can have a discus- Mr. President, I yield the floor. troduced legislation in 2009 to author- sion about which women in this coun- The PRESIDING OFFICER. The Sen- ize the National Diabetes Prevention try deserve protection and which do ator from Minnesota. Program as a grant program through not. They want to pit one group of Mr. FRANKEN. Mr. President, I just the CDC. This bill was passed as part of women against another. This is not a want to do one thing in terms of re- the health care law and is helping com- game. It is not politics. And it cer- sponding to Senator GRASSLEY, who is munity-based organizations such as the tainly is not a game I am going to a friend. We enjoy a very good relation- YMCA administer the program across ship on the Judiciary Committee, and play. The new protections in this bill the country. No one can participate in we are just friends. But the idea that have been supported by Republicans this program if it is not available, these new provisions in the VAWA bill and Democrats, groups across this which is why we needed the CDC to are political just couldn’t be further country, and millions of Americans. help expand the program and scale it from the truth. They are not bartering chips, and it is up. Thanks to their work and to our Let me talk about just one provision. not about politics. provisions in the Affordable Care Act, The objection of the Senator on be- It is about women on Indian reserva- the YMCA is now offering the Diabetes half of the Republicans raises issues tions who get abused by a partner or a Prevention Program at more than 300 boyfriend or husband who isn’t Native. that really are nothing more than a sites in 30 States. smokescreen. They do not want to be And this happens all the time. This But we also need health insurers to out in front saying they are willing to provision gave jurisdiction to the pay for the program to make sure ev- discriminate against certain women. tribes to prosecute these individuals. eryone who needs it can get it. We They would rather hide behind these I am on the Indian Affairs Com- know that when eligible adults partici- procedural objections. But I would re- mittee. I talk to tribal leaders all the pate in the program, it saves everyone mind all our colleagues that these pro- time. I go to reservations all the time. money. In fact, the CEO of United cedural objections they are out here My colleagues have no idea how grate- Healthcare told me that they will talking about—the politics—have been ful tribal leaders were and how impor- cover this. Why? Because they save $4 routinely overcome here in the Senate. tant this was. One out of every three for every $1 they invest in the program Just as I said a few minutes ago, the Indian women in this country is raped because their beneficiaries are transportation and jobs bill we passed at some time in her life, and by far the healthier. And the Urban Institute es- a month ago, the blue slip issue was largest majority of that is not by male timated that implementing community overcome. The FAA reauthorization Indians, it is by non-Indians. I can’t programs such as the Diabetes Preven- last year funding our Nation’s air- think of anything that is less political. tion Program could save $191 billion ports—overcome. The Food Safety I just can’t. And I ask my colleagues to nationally, with 75 percent of the sav- Act—overcome. The Travel Promotion think, to give a second of thought be- ings—more than $142 billion—going to Act. All those had blue slip issues, and fore they say stuff like that. Medicare and Medicaid Programs. all of them were overcome, and there It really is, as Senator MURRAY said, That is why the Federal Government was a reason why—leadership and the offensive to her. I actually found it should also invest in this cost-saving will to do the right thing. more sad. I find it sad. program for seniors. Nearly one-third So let me make it abundantly clear. THE MEDICARE DIABETES PREVENTION ACT OF of Medicare beneficiaries had diabetes This is not about politics. It is about 2012 in 2010. The Diabetes Prevention Pro- protecting women in this country. It is Mr. President, I came to the floor to gram costs about $300 per participant, about making sure we do what is right talk about diabetes. And the Presiding as compared to more than $6,000 a year for so many women who are looking to Officer has been such a champion in in added health care costs for someone Congress to put in place the protec- talking about the money that can be with type 2 diabetes. There is no ques- tions they deserve. saved in our health care system by the tion that by preventing diabetes, we So the ball is in the Speaker’s court prevention of chronic disease. can all save money while keeping our now. He is going to have to talk to The burden of chronic disease in our seniors healthier. women across the country about why country is staggering. Chronic disease That is why I introduced legislation their protections are at risk because of affects half of all American adults, and yesterday with my friends, Senators politics. But I want everyone to be 7 out of 10 deaths each year are due to LUGAR, ROCKEFELLER, COLLINS, and clear: We are not going to compromise chronic disease. If current trends con- SHAHEEN, to allow Medicare to cover on the issues that are so important to tinue, by the year 2020, 52 percent of the National Diabetes Prevention Pro- so many women and throw them under American adults will either have type 2 gram. We are doing this to help our

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.081 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5847 seniors enjoy their golden years while Iran, time’s a wastin’. We need to isting sanctions are working. We have staying as healthy as possible. We are ratchet up the pressure. And this is a to ratchet up that pressure so that Iran also doing it because it is the fiscally powerful package that will paralyze sees that it is not in its interests eco- responsible thing to do. That is why the Iranian economy. It tightens the nomically, politically, militarily even, the American Diabetes Association, screws tighter, tighter, tighter, so that to pursue the path they have thus far the American Heart Association, the the Iranians will have no choice but to chosen. The IAEA report details a American Public Health Association, see their economy basically in des- highly organized program dedicated to and the American Council on Aging perate shape if they continue to pursue acquiring the skills necessary to have all endorsed this legislation. The obtaining a nuclear weapon. produce and test a nuclear bomb. And National Association of Chronic Dis- I thank my colleague, Chairman earlier this year DNI Director Clapper ease Directors, the National Associa- JOHNSON of the Banking Committee, told the Senate Intelligence Com- tion of State Long-Term Care Ombuds- who has put so much time and effort mittee that Iran’s leaders even seem man Programs, and the YMCA of the into the Iran sanctions bill and done prepared to attack U.S. interests over- USA have also endorsed the bill, as such a great job. seas. So we know Iran is on the path to have 79 State and local organizations. I thank Ranking Member SHELBY. We continued evil. We know a really good way to pre- go to the gym in the Senate at about Just last week a suspected suicide vent type 2 diabetes, and we know how the same time early in the morning, bomber killed 6 people and wounded 30 to do it while saving the Federal Gov- and we have talked about this bill re- aboard an Israeli tourist bus in a coast- ernment billions of dollars. In fact, we peatedly. I know how much he cares al town in Bulgaria. Israel believes— know doing it will save the Federal about it. and I tend to agree with them—that Government billions of dollars. I thank my colleague from New Jer- Hezbollah and Iran are to blame. Many Let’s all here work together to pre- sey, whom I have worked with on this questions remain about the bomb, but vent chronic disease in our country. I issue long and hard and who has taken many Western counterterrorist offi- urge the Presiding Officer and my col- a great leadership role. Senator cials share the suspicions that Israel leagues on both sides of the aisle to MENENDEZ has been relentless in push- and I, frankly, both have. join me in guaranteeing that every sen- ing this bill, and the many of us who By giving our government the capa- ior has access to the Diabetes Preven- wish not to see a nuclear Iran owe Sen- bility to impose even more crippling tion Program when they need it. ator MENENDEZ a great deal of thanks. sanctions on Iran should they continue I–35W BRIDGE COLLAPSE I thank my friend Senator KIRK, who, with their nuclear weapons program, Mr. FRANKEN. Mr. President, I even though he is not physically the House and the Senate are putting would like to take a moment to recog- present in the Chamber, has made this forth a tough, smart plan to ratchet it nize that today is the fifth anniversary his highest priority. We have worked up and prevent, hopefully, God willing, of a tragedy in my home State—the together on this issue a long time, and the very real threat Iran poses to the collapse of the I–35W bridge in Min- we continue to wish him a speedy re- United States and our allies, particu- neapolis. The collapse killed 13 people covery. larly Israel. and injured 145 others. That collapse I believe that when it comes to Iran, I am not going to go over what the was a shock to Minnesotans and to the of course, we should never take the bill does. That has been talked about. country. How could a bridge on our military option off the table, but I be- But I want to mention one other part Interstate Highway System collapse? It lieve—as almost everyone in this of the bill before I sit down. I am really underscores the importance, of course, Chamber believes, our President be- happy and grateful to Chairman JOHN- of investing in our infrastructure. We lieves, Prime Minister Netanyahu be- SON that the measure before us will did move quickly to replace the lieves, and most Israelis believe—that also include language adopted from the bridge—and it is a beautiful bridge— economic sanctions are the preferred Syrian Human Rights Accountability thanks to the leadership of Senator way to choke Iran’s nuclear ambitions. Act. That is legislation I cointroduced KLOBUCHAR and others. If we can achieve sanctions and Iran this year with my friend and colleague I wish to say a few words about the truly backs off, not with a feint but in from New York, Senator GILLIBRAND. response by the people and the first re- reality, by meeting the three standards The legislation would require the ad- sponders in Minneapolis and the metro- that both President Obama and Prime ministration to identify violators of politan area. It was amazing. All the Minister Netanyahu have set—turning human rights in Syria, it would call for first responders had interoperable radio over any 20-percent enriched uranium, reform and protection of the prodemoc- signals. People in Minneapolis ran to stop producing any 20-percent enriched racy demonstrators, and it would also the bridge to help. People did heroic uranium, and destroying the new facil- block any financial aid and property things. I am very proud of Minnesota. I ity at Qom—then we will have achieved transactions in the United States in- am proud of Mayor Rybak and the re- great victory. So we have to move for- volving Syrian leaders involved in the sponse of other first responders in the ward. crackdown on protesters. metropolitan area. I am so proud to Earlier this year a group of bipar- If the Syrian Government, which in represent Minnesota. tisan Senators—I was proud to be many respects operates as a client My heart goes out to the families of amongst them—led by Senator LIEBER- state for the rogue Iranian regime, will those who perished that day and also to MAN called on the European Union to not willingly change its brutal ap- their loved ones and their friends and exert more pressure on Iran by impos- proach and continues to violate the also to the survivors who are still re- ing an oil embargo on this rogue re- human rights of those seeking to exer- covering in so many different ways. gime. Our European partners have done cise their voices, then we have to do I urge my colleagues not to forget just that, and their oil boycott is work- everything we can to send the strong- that day. We need to invest in our in- ing. That, too, is furthering to ratchet est message possible to that nation’s frastructure to make sure this doesn’t the pressure on Iran’s nuclear program. leadership that this behavior is beyond happen again. Last November the report on Iran’s the pale and not without consequences. Mr. President, I yield the floor. nuclear program by the IAEA was its In conclusion, I believe my col- The PRESIDING OFFICER. The Sen- most alarming yet. It proved beyond a leagues Chairman JOHNSON, ranking ator from New York. shadow of a doubt that Iran is devel- member SHELBY, Senator MENENDEZ, Mr. SCHUMER. Mr. President, I oping a nuclear weapon. And according and Senator KIRK, have done an excel- thank the Senator from Minnesota for to published reports, they could have lent job crafting a comprehensive plan his great remarks. He really does care at least one workable weapon in less to arm the administration with the about Minnesota. It is a nice State. than a year and another in 6 months tools it needs to put a stop to Iran’s IRAN SANCTIONS after that. So we don’t have much nuclear program. I urge my colleagues Mr. President, in a few hours the Iran time, and ratcheting up the economic to unanimously support the Iran sanctions bill is likely to pass both the pressure is imperative. We cannot daw- Threat Reduction and Syria Human House and the Senate. That is very dle. We cannot sit around and say: Rights Act of 2012. good news because when it comes to Let’s wait 6 months and see if the ex- I yield the floor.

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.083 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5848 CONGRESSIONAL RECORD — SENATE August 1, 2012 The PRESIDING OFFICER. The Sen- Finally, it would make sure service- year and a half later and we begin to ator from Ohio. members can return to their jobs after see the debris pile up on our shores Mr. BROWN of Ohio. Mr. President, I they have completed their military over here. ask unanimous consent to speak as in service with the seniority and pay rate The Japanese Government has esti- morning business for up to 10 minutes. they would have earned if they re- mated that about 5 million tons of de- The PRESIDING OFFICER. Without mained continuously employed by the bris were carried into the ocean. We objection, it is so ordered. civilian employer. have assumed that the majority of that SERVICEMEMBERS’ PROTECTION ACT We know the Guard and Reserve who either sank or will sink. There is no Mr. BROWN of Ohio. Mr. President, I are called up leave their civilian jobs concrete idea of how much is still rise today because servicemembers who and too often come home to the uncer- floating or when the bulk of it will risk their lives protecting our Nation tainty of, What happens when I arrive reach our beaches, but in Alaska we should not have to ever worry about home? Members of the Guard should know it has been arriving. predatory banking practices. They not have to worry about whether they We saw the first evidence of it last should not have to worry about wheth- will return home to the same job and winter, and it arrived ahead of the pro- er they can vote absentee while serving the correct pay rate. jected timelines. It is understandable abroad. While they are fighting our Na- As citizens of a grateful Nation, we that we were not able to anticipate ex- tion’s foes, they should not have to have a responsibility to do something— actly when the tsunami debris would worry about fighting a foreclosure. more than something to protect serv- start arriving, but now that we are When they are serving our country, icemembers’ rights as they sacrifice to starting to see it along the shoreline they should not have to worry if their keep our country safe. That is why I there is no doubt we need to respond. civilian job, if they are Guard or Re- urge my colleagues to stand up for our Last January, in trying to get ahead serve, will be available when they re- servicemembers. It is time we serve of the curve, if you will, I held a round- turn. those who served us. table in Anchorage to find out what Unfortunately, too many do worry Mr. President, I suggest the absence our State and Federal agencies were about that. Last week I joined the At- of a quorum. doing to prepare for the debris we knew torney General of the United States at The PRESIDING OFFICER. The would be coming to our shores, how the Wright Patterson Air Force base near clerk will call the roll. interagency work was being coordi- Dayton, OH, and spoke with men and The assistant legislative clerk pro- nated, and how individuals could report women who serve our country, air men ceeded to call the roll. sightings and navigational issues. and air women. Also around that time The PRESIDING OFFICER (Mr. I think I have mentioned on this I spoke to some Guard and Reserve, BROWN of Ohio). The Senator from floor that I have two sons out on a fish- members of the Guard and Reserve who Alaska. ing vessel in the Gulf of Alaska. As serve our country, about some of these Ms. MURKOWSKI. Mr. President, I they cross the gulf, I wonder if they fraudulent practices. When they are ask unanimous consent that the pro- will encounter debris from the tsu- overseas, some of them do not know ceedings under the quorum call be re- nami? when they return if they are going to scinded. We saw at one point in time a Japa- still have their job. They don’t know The PRESIDING OFFICER. Without nese vessel that was literally a ghost what happens to them when they go objection, it is so ordered. ship, a relic from that tsunami. The back to school if they are enrolled in a ALASKA INTERNS Coast Guard took that vessel out of the university, private or public, 2-year or Ms. MURKOWSKI. Mr. President, I navigation channels. Alaskans and peo- 4-year. They don’t know what happens am delighted to have a fine group of ple who live on the coast are very sometimes with their families in fore- young Alaskans with me—not only aware when there is stuff out in the closure or facing financial fraud. here on the floor, but in my office for water unchartered and unknown, and We know that employment is critical four weeks, and I thank them for their we want to understand and know a lit- for servicemembers and military fami- help in Washington and really for all of tle bit more. lies. So is housing. So is protecting Alaska. They have been back here for a This past June, I joined the U.S. their ability to cast a ballot. That is month and have done a great job. It is Coast Guard to see for myself what was why I am sponsoring legislation, the always a true delight to have good, washing up on some of Alaska’s remote Servicemembers’ Protection Act, high energy young people from back shorelines and our beaches. We flew out which is so vital to those men and home to help me in the work we do of Cordova, AK. We went to Kayak Is- women in uniform. It would make crit- here. I am so pleased they are with me. land. Kayak sticks out from the coast- ical changes to the Servicemembers TSUNAMI DEBRIS line at an angle that allows it to col- Civil Relief Act that could improve the Mr. President, I rise today to discuss lect an incredible amount of marine de- quality of life for members of the an issue that people back home are bris on just an average year. So the Armed Forces. talking about a lot. We are discussing reason to go to Kayak was to see what My bill first would strengthen hous- the Federal Government’s need to plan might be there other than the typical ing and lending rights for servicemem- for the increasing level of marine de- marine debris, unusual things like bers. Right now, a bank cannot fore- bris that is hitting the Pacific coast- nets, ropes, and buoys. We saw real evi- close upon servicemembers while they line, whether it is out in Hawaii or all dence of what is coming our way from are serving overseas until it gets a the way up north in Alaska. This debris the tsunami. We saw colored buoys. We court order. Yet the bank has no real is coming from the earthquake and tsu- saw large Styrofoam blocks. There was obligation to actually investigate nami that struck Japan last March. a large container that had washed up whether a homeowner is on active duty This is a subject of great discussion very recently. overseas. My bill would require lenders and debate for folks who are out fish- We have a picture from NOAA that who want to foreclose on a home to ing or walking our beaches. shows some of what we saw washed up conduct a meaningful investigation We all know that tragic event there on Kayak Island. These are all into a borrower’s military status. It claimed nearly 16,000 lives and de- the plastic buoys. The black ones, we would increase civil penalties for vio- stroyed community infrastructure, were told, are what we see more of lating a servicemember’s rights as a homes, and livelihoods. Our prayers coming out of Japan. homeowner. continue for the ones we have lost and Now, you may wonder, have we been The bill also would strengthen en- those who have lost their loved ones. clearly able to identify whether these forcement for the Uniformed and Over- As horrifying as these natural disas- items came from Japan or if this was seas Citizens Absentee Voting Act, to ters were, the Earth only shook any- the usual marine debris? NOAA is make sure servicemembers’ votes are where from 3 to 5 minutes, and the tsu- working to sort all of that out, but counted. It would create a nationwide nami rushed to the shore and then re- there are signs that give us somewhat standard for getting absentee ballots to ceded. But the devastation to property of an idea of whether what we saw out overseas servicemembers in a timely and coastlines continues as debris has there on Kayak Island was typical ma- fashion. moved from the shores of Japan over a rine debris or not.

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.085 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5849 Many saw pictures of this huge dock that our coastal communities are fac- to be part of the cleanup plan. In the that recently arrived on the coastline ing. What do we do with this marine aftermath of Hurricane Katrina, FEMA in Oregon. Just look at the size here debris? Our landfills, particularly in compiled a document denoting the de- and think: this concrete dock had flo- southeastern Alaska, are maxed out or bris removal authorities of Federal tations on either end and traveled all close to being maxed out. This landfill agencies. That document outlined that the way across the Pacific literally in space that is already filling up could the Departments of Agriculture, Com- one huge slab up onto the Oregon very quickly be overwhelmed by tsu- merce, Defense, Homeland Security, beach. I think when folks looked at nami debris. And not only are my resi- and Transportation all had a role to that picture, their word was, Wow. dents working to clean up beaches with play in debris removal. Again, for those who are navigators limited landfills, often they are in very So for this reason—and using this and fishermen, if they run across some- rugged and very remote locations, federal memorandum as an example—I thing like this in the water it is real many with no road to access. Some- have asked the White House to estab- evidence of why we need to be con- times they can’t land a vessel or a boat lish and lead an interagency task force cerned. on the shoreline because it is just too to plan for tsunami debris. We also This next photo is from somewhere in dangerous. So how do we access this need to engage the relevant States, the Pacific. This shows the objects that debris? That is a challenge. tribes, local governments, and inter- are creating, again, a hazard to naviga- It is also costly, and we are faced national partners by inviting them to tion. These same materials are going with the question of what do we do participate in this task force. We all to end up somewhere on a shoreline, with the debris we have collected? need to work together. We cannot leave whether it is on our beaches or in our Yakutat is exploring some pretty a little community like Yakutat and ports. Think about the impact this creative solutions and alternative dis- say: Clean up your section of the coast- may have on sensitive habitats, mak- posal solutions. Yakutat is one of those line. ing them unusable, possibly deadly for communities that has extremely high I know private and government Japa- certain marine animals, such as shore energy costs. If my memory serves me, nese representatives have expressed in- birds and other species that may rely I believe they pay in excess of 50 cents terest in helping with the debris prob- on them. a kilowatt hour for their energy. So lem. The ability for Japan to offer ex- I think what is important to recog- when they are dealing with challenges perience and technology with waste-to- nize from these three pictures I have and problems, they try to find solu- energy devices could provide a great just shown is that we are seeing now tions that help with their high cost of opportunity for the U.S., Japan and the debris that is floating on top or at energy. public partnerships to come together least partly on top of the water. We are What Yakutat is looking at now is and address the debris. seeing it coming to U.S. shorelines ear- whether there is the potential for any There are many reasons we need to lier than anticipated because in addi- waste-to-energy technologies that act now. It is a difficult time of year tion to being carried by the currents could deal with two problems: clean up for many of us here in Washington, DC, from the ocean, this debris is being debris and support long-term efforts to to think about winter storms. We are moved along by the wind. deal with the high cost of energy. It is enjoying some pretty warm weather What we are seeing in Alaska pri- kind of a two-for-one. They are trying here. But we need to recognize and marily are those buoys that sit up to figure out how they can turn this think about what winter weather in clear out of the water. You can also see problem into an energy source, and in Alaska will mean for accumulating de- fishing boats, building materials, and this way they can support long-term bris. We have a lot of areas being im- roofs in this photograph. Again, this is pacted by tsunami debris that have al- what we can see because it is above the community marine debris cleanup ef- ready had huge tide swings. If we add water. forts. This would be a creative solution So one of the real questions we need for this small remote community, that to a winter storm in areas with to ask is, What is below the water? largely on their own and facing truck- beaches, some of the debris we see will What is just below the surface that we loads of debris. be buried deep by the sand, and will can’t see? Now the State of Alaska has engaged only be uncovered when snow melts. A couple of weeks ago, I met with in tsunami debris coordination, and I However even during the spring, ac- some representatives from the Yakutat am told the Alaskan region representa- cessing the coastline can be chal- Tlingit Tribe from Yakutat, AK. Yak- tives of various Federal agencies are as lenging due to breakup conditions. We utat is in the northern part of the Alas- well, but headquarters of agencies have extreme tides and, of course, the ka panhandle, on the eastern side of across the Federal Government really weather will also move the debris up the Gulf of Alaska. It is a very remote need to be part of the plan and engage into the tree line, making access and community. It is only accessible by air creatively to address this accumu- removal even more difficult. or by boat. The closest community is lating debris. This last picture will give my col- hundreds of miles away and, Yakutat is I don’t have my typical Alaska map leagues some indication of what I am surrounded by National Park Service here that I usually use when I speak, talking about when we think about the and Forest Service lands. but my State has an incredible coast- Alaska coastline. This is in a part of So this community—the tribe, city, line—more coastline than the rest of the State called Montague Island. With borough—is meeting weekly to assess the country put together—and we de- good high tides and the weather we get, the debris that is coming up on their pend on our marine sources for liveli- downed trees are part of the ocean ac- beaches, and they are trying to put to- hood and recreation. We value a cumulation on the shore. You can see gether a response. They have done healthy coastline to support a resilient tucked among the trees, kind of sprin- some cleanup along 15 miles of area marine environment. Our fisheries, our kled like confetti, some of the beaches. tourism, and our coastal communities Styrofoam that has washed up. Again, One beautiful beach is called Cannon are so dependent on a strong and sus- this is marine debris we are seeing. Beach. It has black sand. It is abso- tainable region. Think about how difficult it will be to lutely gorgeous. I visited it in March, So, think about this from the tour- access some of this after winter and now we are seeing the Styrofoam, ism perspective. When somebody is storms. housing foam, and buoys coming up on paying thousands of dollars to come up Where debris lands on rough and it and the other beaches near Yakutat. to Alaska to visit remote, wild areas, rocky shorelines, wave action is ex- The community estimates that they they are certainly going to be dis- pected to break it up. We know that have about 600 pounds of marine debris appointed if they are greeted by a happens, and I am concerned about our per mile. The borough has 1,074 miles of beach full of Styrofoam or pass by the marine life, birds and animals con- coastline, so this small village commu- many debris fields that are accumu- suming smaller plastic particles that nity is looking at the possibility of lating. have been broken down by this wave 3,000 tons of debris. Communities up and down the coast- action. A piece of Styrofoam that is This next picture is actually from line need assurance that the head- easy to pick up today because it is rea- Yakutat. This details another problem quarters of various agencies are going sonably good-sized is going to be much

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.087 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5850 CONGRESSIONAL RECORD — SENATE August 1, 2012 more difficult to clean up when it has to guide an interagency and public-pri- major foray into regulation of the been broken down by wave action. So, vate approach to solve this challenge chemical sector. again, all of this argues for prompt ac- during what we all acknowledge are The Department of Homeland Secu- tion. difficult fiscal times. I commend the rity spent nearly $1⁄2 billion on that Maybe the best we can do for now is NOAA marine debris program for their program. Now, 5 years later, they have pick up the debris and store it some- coordination and response to this just begun to approve site security where. But as we saw looking at the work, but the fact is they are a small plans for the more than 4,000 facilities Yakutat picture, storing it in a landfill and an overtasked program. They need designated under the rule. in most of these communities is prob- the help of their Federal partners to I have continued to conduct over- ably not going to be feasible. Bailing address this as a national priority. sight on this matter. Despite assur- technology could be available to Alas- I encourage my colleagues to join me ances from the Department of Home- ka communities for about $10,000, and in recognizing that marine debris is a land Security that they fixed all the these machines would at least support national problem as well as a priority, problems with CFATS, I keep discov- the voluntary cleanup efforts and pro- and a comprehensive response to tsu- ering more problems. So now I am baf- vide a means to store the debris rather nami debris that we are seeing on our fled why we would take an agency that than force strained landfills to absorb shoreline in Alaska and other Pacific has proven problems with overseeing a the incoming debris. I throw this out States, in addition to Hawaii, is past critical infrastructure and give them because I think it is important that we due. chief responsibility for our country’s get creative about this. We need to be With that, Mr. President, I yield the cyber security. exploring all available technologies to floor. Additionally, I am concerned with support the most efficient means to The PRESIDING OFFICER. The Sen- provisions that restrict the way infor- handle this tsunami debris and other ator from Iowa. mation is shared. The restrictions im- marine debris for the long run. CYBER SECURITY posed under title VII of the bill are a Every year I attend an annual alter- Mr. GRASSLEY. Mr. President, over step backward from other information- native energy fair. It is held in the in- the last few days we have been lectured sharing proposals. This includes the terior part of the State at Chena Hot numerous times that we must protect bill I have cosponsored, the SECURE Springs. We always learn something cyber critical infrastructure; other- IT bill. The bill before us places the De- good and new at this energy fair. Last wise, our country is in jeopardy. Every- partment of Homeland Security in the year, when I was there, I saw a device body agrees with that statement. En- role of gatekeeper of cyber threat in- that is actually in production. It is on- hancing cyber security is important to formation. The bill calls for the De- the-shelf technology. It may help turn our national security. I support efforts partment of Homeland Security to much of the debris that is hitting our to strengthen our Nation against crit- share the information in ‘‘as close to coastline into fuel. The device—I called ical cyber attacks. real time as possible’’ with other agen- it a gizmo but I know there is a much However, I take issue with those who cies. However, this surely will create a more technical term for it—processes have come to the floor and argued that bottleneck for information coming into plastics into fuel with the capacity to those who don’t support this bill are the government. produce as much as 2,400 gallons per against strengthening our Nation’s Further, title VII includes restric- day. With fuel at over $6 a gallon in cyber security. Disagreements over tions on what types of information can Yakutat, people are looking at this and how to address policy matters be shared, limiting the use of it for saying, We can actually take some of shouldn’t evolve into accusations criminal prosecution, except those that the waste, the garbage, the debris, the about a Member’s willingness to tackle cause imminent harm. plastic, and turn that into fuel so we tough issues. The debate over cyber se- This is exactly the type of restriction don’t have to pay 6 bucks a gallon to curity legislation has turned from a on information sharing that the 9/11 fill up a four-wheeler, truck, or boat. substantive analysis of the merits into Commission warned us about. In fact, Given the tight budgets across the a political blame game as to which side the 9/11 Commission said, ‘‘the [wall] country, again, I think we need to be supports defending our Nation more. If resulted in far less information sharing creative. We need to identify and de- we want to tackle big issues such as and coordination.’’ The 9/11 Commis- ploy all available resources and share cyber security, we need to rise above sion further added, ‘‘the removal of the information. We need to leverage local disagreements and work in a construc- wall that existed before 9/11 between knowledge and our coastal residents’ tive manner. Disagreements over pol- intelligence and law enforcement has proximity to the debris, as well as icy should be openly and freely de- opened up new opportunities for coop- their vested interest in the cleanup ef- bated. erative action.’’ forts. Unfortunately, this isn’t how the de- Why would we even consider legisla- Our Federal agencies have regional bate on cyber security proceeded. In- tion that could rebuild these walls that staff and they have facility resources. stead, before a real debate began, the threaten our national security? How Many run programs that are consistent majority leader cut that debate off. As much of a real debate have we had on with the objectives of tsunami debris the discussion of cyber security began those issues I have raised? The lack of response and mitigation. For those who on the floor this week, Senators stated a real process in the Senate on this would suggest, Well, if it has come up that a failure to grant broad new pow- very bill amplifies my substantive con- on your shore, it is your responsibility; ers to the Federal Government will cerns. there is no Federal role here; it is up to lead to a cyber 9/11. I agree that if we In fact, this is eerily reminiscent of the States to figure this out, I would fail to take action on cyber security, the debate surrounding the health care remind them that in my State, much of there could be a national security con- reform bill. During that time, then- our land is owned by the Federal Gov- sequence. However, I don’t believe giv- Speaker of the House PELOSI declared, ernment. This picture here is of Mon- ing the Federal Government more reg- ‘‘We have to pass the bill so that you tague Island. Montague Island is en- ulatory authority over business and in- can find out what is in it.’’ Well, we all tirely within the Chugach National dustry, as supporters of this bill pro- know how well that worked out. Years Forest. And, in fact, over 60 percent of pose, is the answer to strengthening of litigation later, the public is still my State is owned by the Federal Gov- cyber security. learning what surprises the majority ernment, so clearly the Federal Gov- Chief among my concerns with the and President Obama had in store for ernment has a role to play in cleaning pending bill is the role played by the the Nation’s health care system. up the debris. Department of Homeland Security. Now here we are, once again, in the We also can’t forget about the pri- These concerns stem from oversight last week before our August summer vate interests in cleanup. Many indus- that I have conducted on the imple- break, tackling a serious problem that tries and private citizens are dependent mentation of a law called the Chemical hasn’t been given full process. on our navigable waterways and Facility Antiterrorism Standards Pro- I do not want cyber security legisla- healthy ecosystems. We need good gram. That acronym would be CFATS. tion to become another health care re- communication, leadership, and a plan CFATS was the Department’s first form bill. If we are serious about our

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.089 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5851 Nation’s security, then shouldn’t we This provision is, obviously, a gift to need to discuss changes. Unfortu- treat it as serious as it really is? We all the trial lawyers lobby, which Amer- nately, it does not look as though that agree how serious it is. ican taxpayers should not have to pay is going to happen. We are told that the Senate has been for. And I do not think class action I know some will, again, say that working on cyber security for 3 to 5 lawsuits against the government will this has been a long process. The only years. However, we have not been help with cyber security. thing true about that statement is that working on this bill before us for that Another amendment of mine would the issue and problem has been dis- long. The bill before us was introduced have removed industry-specific carve- cussed for a long time—but not dis- 13 days ago, and it was only pending on outs from the bill. This is another ex- cussed for a long time on this bill. the floor for 4 days before the motion ample of how backroom deal making If we are serious about addressing for cloture was filed. It did not go takes place so as to get support and this problem, then let’s deal with it ap- through the normal committee process. build support for a bill. We saw this propriately. Rushing something It was not debated or amended. In- happen with the health care reform through that will impact the country stead, it was brought straight to the bill. You know the famous in such a massive way is not the way floor, and we are being forced to con- ‘‘Cornhusker Kickback’’ that was the most deliberative body in the sider it under a very rushed schedule. agreed to in order to pass ObamaCare, world, the U.S. Senate, should do its Talking about the danger of cyber at- and this process reminds me of that. business. It is not good for the country, tacks for years is not the same as dis- Here, to get support from companies and it is, obviously, not good for the cussing the impact of the actual text of in the information technology indus- reputation of the U.S. Senate. the bill which could become law. The try, the bill clearly states those com- I yield the floor. words on the 212 pages of the bill are panies cannot be identified as critical The PRESIDING OFFICER. The Sen- what must be analyzed, and analyzed cyber infrastructure. So to build sup- ator from New Jersey is recognized. in detail. port for this bill—but without people Mr. MENENDEZ. Mr. President, I un- In fact, no one, except a handful of knowing what is in the bill—the au- derstand my distinguished colleague Senators, actually knows what the bill thors carved out these companies from from Oklahoma has asked consent to says or might say. And, of course, that having to comply with the bill. speak at 6:30 p.m. I will take about 10 is a process that debate in the U.S. For example, under this carve-out, or 15 minutes, which would put us Senate accomplishes or at least tries to say an information technology com- about 5 minutes past that time. So I accomplish. pany builds a router that has a flaw ask unanimous consent to speak for We need full process and, unfortu- that is exploited by hackers. That about 15 minutes, if that is acceptable nately, that has not happened, and it router is purchased by every sector of to the Senator. does not look as if it will happen. Why the critical infrastructure, including Mr. INHOFE. That is perfectly all won’t it happen? Because the majority power, water, and probably a lot of oth- right. And I ask unanimous consent leader has limited debate. This week ers that I ought to be able to name. that at the conclusion of the remarks we were told that a group of Senators If that router flaw is exploited, and if of my friend from New Jersey I be rec- and their staff were working on a com- that is attacked, the companies that ognized for 30 minutes. promise. The PRESIDING OFFICER. Is there Again, that is something all of us as bought the router are held responsible. objection? a body do not know much about. We However, the company that made the faulty router is not. Without objection, it is so ordered. need an open debate in order to process The Senator from New Jersey is rec- this, as opposed to huddled, backroom It is obvious how absurd this is. It is obvious how much of a major giveaway ognized. meetings. Mr. MENENDEZ. I thank the Pre- I do not think this is the way we are to a key industry it is, just to give the siding Officer and I thank my colleague supposed to legislate. The people who appearance of private sector support. for his courtesy. elected us expect more. They expect This is not how we should handle cyber transparency because they know when security, and I have an amendment to DEATH OF OSWALDO PAYA you get transparency, you have ac- strike this provision. We should openly Mr. President, while we are focused countability. debate this issue and discuss whether on issues here at home—and certainly How many Senators are prepared to this is the right course of action to we should be—there are incidents tak- vote on something this important give a carve-out to a specific segment ing place around the world, and those without knowing its impact because we of industry. of us who care about freedom and de- have not followed regular order? Are Again, the carve-out was a deal cut mocracy and human rights, those of us we to once again pass a bill so that the with one purpose: to limit opposition like myself who sit on the Senate For- American public can then, at that to the bill. Well, that was not good pol- eign Relations Committee, also have time, find out what is in it a la Speak- icy in 2009 on the ‘‘Cornhusker Kick- our focus on what is happening in other er PELOSI’s statement on health care back’’ in the health care reform debate, places in the world. reform? and we should learn from that lesson I come to the floor to talk about the These are questions that all Senators that it is, obviously, not good policy in violence and repression that continues should consider. And our citizens 2012. in the country of Cuba—this time in a should know in advance what we are I also know that Senator RON JOHN- dramatic and brazen attempt to exer- actually considering. SON of Wisconsin had an amendment cise power through fear and intimida- Yesterday, we heard claims that the that the Congressional Budget Office tion over those who want nothing more amendments offered by Republicans issued a score on the cost of the bill be- than to see the day when the people of were part of some obstructionist tac- fore it could take effect. Cuba are free—and against members of tic. Why isn’t the same statement Why were the supporters of the bill the international community. made about the 77 or so amendments opposed to doing that? Do they believe Once again, I am forced to come to filed by Democrats? Somehow, are they they have a right to spend millions or the floor to put a spotlight on what is acceptable and not obstructionist? billions of taxpayers’ dollars at will happening inside of Cuba and all those I had three amendments that ad- without making the amount public? who put their lives on the line for free- dressed specific provisions in the bill, Are the supporters of the bill really dom and human rights around the and I wanted to have a debate on them. prepared to vote for this bill without world. For example, I have an amendment revealing how much it will cost? The information we are receiving to strike the provision in the bill that But I will not get a chance to debate from both public reports and other in- creates a cause of action against the my amendments or Senator JOHNSON’s formation from Cuba concerning the Federal Government. What does that amendment before the cloture vote be- circumstances surrounding the death cause of action do? That provision cause that is how the majority leader of Oswaldo Paya—the island’s most waives sovereign immunity, provides runs the U.S. Senate. prominent and respected human rights for automatic damages, and provides There are serious questions about advocate—is disturbing. It underscores for an award of attorney’s fees. this bill. It needs to be amended. We the continued brutality and repression

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At a fu- the crash. holding them accountable for their re- neral—they were not demonstrating, Carromero, like Modig, was forced to pressive and illegal actions. they were not marching or carrying offer a mea culpa, which was made Will the Castro regime stop at noth- signs, they were not engaged in acts of available in a video presentation ing, nothing to repress the rights of its civil disobedience of any kind. They hosted by Castro’s nefarious Ministry people? Can we turn our back on the were not violating any laws. They were of the Interior. rule of law on the Cuban people, on the attending a funeral. The regime’s logic has to boggle the facts of this case, on Mr. Carromero or Hundreds gathered peacefully. Fam- mind of any reasonable person who can we once again have that wink and ily, friends, and those who want noth- cares about the rule of law. nod and say: Oh, well, you know, it has ing more than a free and democratic It is also my understanding, accord- been over 50 years; things are changing Cuba were at a funeral mourning the ing to reports from Cuba, that—in a for the better in Cuba, and we should death of their hero, Oswaldo Paya. move typical of the Castro regime— let bygones be bygones, as people lan- But the arrest and detention of 50 Spanish diplomats were prohibited dissidents who were mourning the loss guish in jail, as people die at the hands from seeing or meeting with Carromero of the regime, as we see the hunger of a friend and loved one is not the until yesterday. whole story of how far this regime will strikers who give up their lives because Meanwhile, the grieving widow of of the brutality they are facing, to try go. Oswaldo Paya has expressed outrage The circumstances surrounding to rivet the world’s attention in this and has rejected Castro’s official report regard. Oswaldo Paya’s death leave any rea- regarding the death of her husband and Some say we should permit Castro’s sonable person to wonder what may the circumstances surrounding the ac- hooligans to parade across our Nation, have really happened on that road in cident which has now blamed the acci- which we seem to give visas to, spew- Cuba that ended in the tragic auto- dent on the actions of Angel ing lies while American Alan Gross sits mobile accident that took the life of Carromero, who was driving the car. in a prison simply because he brought Oswaldo Paya. Paya’s widow has said: ‘‘Until I’m Paya’s daughter Rosa Maria Paya some communications equipment for able to speak with Angel or with Aron, immediately challenged the regime’s the Jewish community in Havana to be the last two people who saw my hus- version of events, stating that the fam- able to collaborate and to inform each band alive, have access to the expert ily had received information from the other. That was his crime. He has now reports, and have the advice of people survivors that their car was repeatedly been in prison, a U.S. citizen, for 2 independent of the Cuban government, rammed—rammed—by another vehicle. years, languishing in Castro’s jails, not I can have no idea what really hap- She said: to mention thousands of Cuban polit- pened that day.’’ So we think it’s not an accident. They ical prisoners who suffer in Cuban pris- I cannot be certain that the regime wanted to do harm and then ended up killing ons. my father. killed Oswaldo Paya, but the cir- cumstances of his death are highly sus- As I have said on this floor over and The family also said that Oswaldo over, to me, the silence is so deafening Paya was targeted in a similar incident picious. There is no question that the regime had no motive to kill Oswaldo from so many of our colleagues. They 2 weeks earlier in Havana. The same may have a different view than I do thing: an effort as they were driving to Paya. Oswaldo Paya was most—one of the most prominent opponents of the about how we promote democracy, but ram them off the road. In retrospect, I do not hear them speak out about the family now sees that incident as a Castro dictatorship, a Catholic activist who funded the Christian Liberation these human rights abuses, about the warning from the regime. deaths in Castro’s prisons, about those What we know is the car, driven by a Movement in 1988. who can get knocked off the side of a politician from Spain, Angel He is best known for the Varela road and killed. The silence in that re- Carromero, a citizen of Spain, and Project, a petition drive he launched in spect is deafening. Aron Modig, an activist in Sweden, was 2002 that called for free elections and involved in the fatal automobile acci- other rights. That drive led the Cuban So there are some of us who are com- dent that killed Paya and his Cuban Government to adopt a constitutional mitted to making sure that silence is colleague Harold Cepero. amendment making the Communist broken. Today, I am asking my col- Of course, we have no proof of that. system in Cuba irrevocable. It followed leagues to join me in sending a letter But we do know Carromero and Modig that with the 2003 Black Spring, which to Ban Ki-moon, the Secretary General survived the accident, and they obvi- arrested 75 of the most prominent of the United Nations, demanding that ously know exactly what happened Cuban activists in that year. the United Nations and the Human that day. These are two individuals— Paya had become the most known, Rights Council immediately undertake one is a Spanish citizen, the other one most visible face of Cuba’s peaceful op- a full and thorough investigation of the is a Swedish citizen—who were in- position movement. The European Par- circumstances surrounding Oswaldo volved in helping Paya promote, from liament awarded him the Sakharov Paya’s tragic death and the detention an international perspective, the views Prize for Freedom of Thought in 2002. of Angel Carromero. We must demand of his civil society movement toward That year, he was also nominated for a the truth about these tragic events peaceful change in democracy and Nobel Peace Prize by hundreds of par- that took the life of Cuba’s most de- human rights. liamentarians in a campaign led by his voted human rights advocate. But instead of getting the two sur- friend Vaclav Havel, the Czech Repub- I hope our colleagues will join us in vivors’ real story, in a demonstration lic President. that respect. We have supported de- of the twisted nature of the Castro re- Paya was determined that Cuba and mocracy movements around the world. gime, the Cuban Ministry of Interior Cubans should enjoy the benefits of They have often made a big difference, detained, without consular access, the freedom and democracy and he com- from Vaclav Havel, Lech Walesa, So- two foreigners who survived the crash mitted his life to that cause and he viet Jewry, Alexander Solzhenitsyn, and then paraded Modig, the Swede, be- may very well have lost his life to that and so many others. When we side on fore a Ministry of Interior press con- cause. We cannot continue to turn our behalf of those struggling against re- ference, where he was clearly forced to backs on those inside Cuba struggling pressive regimes for democracy and apologize for working with Paya and in peaceful ways to promote democracy human rights, it makes a difference. It ‘‘illegally aiding the Cuban opposi- and human rights. We cannot allow the can make a difference in this regard as tion.’’ violence and the repression, the brutal well.

VerDate Mar 15 2010 02:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.092 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5853 I am hoping our colleagues will join their unwillingness to release Mr. I was delighted to see all these things us in helping break the silence, on be- Gross. I appreciate his decision and his resurrected. I know it is not proper to half of the memory of Oswaldo Paya unrelenting work to see Mr. Gross talk about your own books on the and on behalf of all those who lose freed. floor, and I do not do it, except I have their lives every day or their liberty And most importantly, I want to to do it because it was mentioned by simply because they peacefully choose send my thoughts and prayers to Mr. some of my adversaries, my book to try to change the nature of the Gross, his wife Judy and their family. I which was called ‘‘The Greatest Hoax.’’ country in which they live. It is some- think about you every day and am Things were taken out of this book so thing America should be a beacon of hopeful your family will be reunited I had to defend them. Let me just men- light for, something I hope we can soon. The pain you face is unfair, but tion, if I can in this fairly short period shine very brightly, and in doing so, the strength you show is inspiring. I of time that I have, I think it is only 30 create a protective element to those promise we will continue to work to minutes, some of the things that were who are peacefully trying to create bring Alan back to Maryland. stated, first of all, on the floor by the change inside Cuba. We should do no I yield the floor. senior Senator from Massachusetts and The PRESIDING OFFICER (Mr. less. then make some comments about the WHITEHOUSE). The Senator from Okla- hearing this morning. ALAN GROSS homa. In fact, I am glad it is coming to the Ms. MIKULSKI. Mr. President, 32 GLOBAL WARMING surface again. First of all, I was re- months almost 3 full years. That is Mr. INHOFE. Mr. President, when we ferred to as a ‘‘skeptic.’’ I mentioned how long Maryland native Alan Gross came back to session this week, I was just now that skeptics are those who do has been held by Cuba as a political pleased to see a very good friend of not believe what I referred to as the prisoner. mine on the floor, of a completely dif- hoax. He referred to us as ‘‘flat Alan Gross went to Cuba in 2009 on ferent philosophy from mine and a dif- earthers.’’ I learned a long time ago an USAID contract to help install wire- ferent background and a different that if they do not have logic on their less Internet. The Cuban government State, talking about—being somewhat side, they do not have the science on responded by putting him in jail. They critical of my position on global warm- their side, they respond with name declared him a spy, ran a sham trial ing, which everybody knows I have calling. I have been called a lot of and sentenced him to 15 years in pris- been involved in for some 12 years since names. Let me just name a few. This on. the Koyoto treaty, which was never be- comes right out of the book and some Alan Gross is from Potomac, MD, and fore us. of the things that were said this morn- like me, studied social work at the Nonetheless, I appreciated the fact ing. The ‘‘noisiest climate skeptic,’’ University of Maryland. I have met his that we had a chance to resurrect that ‘‘the Senate’s resident denier bunny,’’ wife on numerous occasions. Her focus issue because, to my knowledge, no- ‘‘traitor,’’ ‘‘dumb,’’ ‘‘crazy man,’’ and strength are truly inspiring. While body has uttered the term ‘‘global ‘‘science abuser,’’ ‘‘Holocaust denier,’’ her husband has been held in a Cuban warming’’ since 2009. It has been com- ‘‘villain of the month,’’ ‘‘hate filled,’’ prison, she has held down the fort and pletely refuted in most areas. But I was ‘‘war mongering,’’ ‘‘Neanderthal,’’ held the pressure on the Cuban govern- pleased to hear my good friend from ‘‘Genghis Khan’’. It goes on and on. I ment for its poor treatment of her hus- Vermont talking about it because he will submit this for the RECORD. band. and I have a very honest relationship But quite often we hear these things, And Alan Gross has held strong in with each other but a total disagree- it is only because there is not logic or the face of his unfair imprisonment. To ment. We are able to go over those science on their side. So they do name maintain his physical and mental things. calling, which is fine. To me, that gets strength, he would pace his room and Then again today two things hap- attention, and it needs to have the at- do pull ups. Unfortunately, however his pened. First of all, we had the senior tention. The second thing, one of the health has declined. He has lost more Senator from Massachusetts come other things that came out this morn- than 100 pounds, is having difficulty down to the floor and was somewhat ing, the statement was made by the walking, and—most worryingly—has quite critical of me and anyone who is senior Senator from Massachusetts, had a mass develop behind his shoul- a skeptic. I think it is important to re- and I am quoting now, I believe: There der. Rather than act humanely, the alize that to understand—so you under- are 6,000 peer-reviewed studies that say Cuban government has been reluctant stand, when we are talking, what we that no one peer-reviewed study that to share information on Mr. Gross’s are referring to. proves it is not happening. medical condition. Those people who believe the world is There is not one, not one peer-re- At home, Mr. Gross’s mother is fac- coming to an end because of global viewed study. A peer-reviewed study is ing inoperable lung cancer and the warming and that is all due to man- a study that is published and then the family is concerned he will not have a made anthropogenic gases, we call peers review it. I think that is a proc- chance to say goodbye. That is why the those people alarmists. Those people ess that is necessary. Consequently, Gross family petitioned the Cuban gov- such as myself who have looked at it that statement was made. That state- ernment to allow him to come home very carefully and have come to the ment just flat is not right. In fact, let for 2 weeks to see his mother for her conclusion that is not happening and me go ahead and talk about some of 90th birthday. the fact or the assertion that global these studies. If we look at the Har- This request was made following a warming is occurring today and it is vard-Smithsonian study, that was a U.S. Federal judge’s humane decision occurring because of the release of CO2 study which examined the results of to allow a Cuban intelligence agent on and anthropogenic gases, methane, and more than 240 peer-reviewed papers probation in the United States to re- such as that, it is a hoax, which I said published by thousands of researchers turn home to see his ailing brother. way back in 2003. This became quite a over the past four decades. Their plea was met with silence. charge to a lot of people, a hoax that— The study covers a multitude of geo- Cuba has held Alan Gross as a polit- the fact that all of this is happening is physical and biological climate indica- ical hostage, trying to leverage their due to manmade gases. I believe it is tors. They came to the conclusion— possession of an American citizen for the greatest hoax ever perpetrated on this is a Harvard-Smithsonian peer-re- concessions from the United States. the American people. viewed study. They came to the conclu- While Cuba might oppose U.S. policy, As a result of that, a lot of people are sion that climate change is not real, it has a responsibility to behave hu- trying to do things to this country that that the science is not accurate. manely to its people. are detrimental. By the way, we also Dr. Fred Seitz. Dr. Fred Seitz is a I want to thank Senator Dodd for his had this morning—it was enjoyable. former president of the National Acad- continued focus on the detention of This is the first time since 2009 that emy of Science. He said: ‘‘There is no Alan Gross. The Senator has been one the Environment and Public Works convincing scientific evidence that trying to improve relations between Committee has had a hearing on global human release of carbon dioxide, meth- the United States and Cuba, but has warming, on the science or lack of ane or other greenhouse gasses is caus- put those efforts on hold because of science behind global warming. ing or will in the foreseeable future

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.093 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5854 CONGRESSIONAL RECORD — SENATE August 1, 2012 cause catastrophic heating of the climatedepot.com, if anyone is inter- No scientific consensus or connection be- earth’s atmosphere and disruption of ested in that. tween global warming or tornado activity. the earth’s climate.’’ Second is the fact that the Senator Droughts. The Senator talked about I would like to pause at this moment, from Massachusetts—and then again in droughts this morning. Reading from because I see the majority leader on the hearing this morning, Richard this article, the headline is ‘‘Scientist the floor of the Senate, and inquire if Muller was referred to several times as disagrees with Obama on cause of they care to have some leadership being a former skeptic who converted Texas drought:’’ and to quote Dr. Rob- time. I would be very glad to yield to over to an alarmist. I suggested—and I ert Hoerling, a NOAA research mete- them that time. Apparently, that is read something to show that, in my orologist, ‘‘This is not a climate not the case. opinion, he never was a skeptic. I change drought.’’ Thirdly, this is something that hap- would like to make some comments They further said severe drought in pened very recently. One of the univer- about Richard Muller. 1934 covered 80 percent of the country sities, George Mason University, sur- If you go to my Web site, you will compared to only 25 percent in 2011. veyed 430 weathercasters and found find about 1,000 scientists who have The statements that were made that only 19 percent of the come around and said: No, this asser- about the Arctic and about Greenland weathercasters felt catastrophic global tion that we are having catastrophic this morning, if you look at a Novem- global warming due to anthropogenic, warming is taking place and is a result ber 2007 peer-reviewed—and I stress manmade gases is not correct. Muller of human activity. peer-reviewed—study, conducted by a is not on that list. However, when they That is quite a change from what it team of NASA and university experts, say that he is the one and made such a used to be. That means 81 percent of it found cyclical changes in ocean cur- big issue, I will quote a couple people those weathercasters that we all see rents impacting the Arctic. The ex- about their expressing themselves on cerpt from this peer-reviewed study by every night are saying that is not true. the credibility of Richard Muller. NASA says: Dr. Robert Laughlin, a Nobel Prize- Professor Judith Curry, a climatolo- winning Stanford University physicist, gist at the Georgia Institute of Tech- Our study confirms that many changes said: nology, stated ‘‘way over-simplistic seen in upper Arctic Ocean circulation in the Please remain calm. The earth will heal 1990s were mostly decadal in nature, rather and not at all convincing, in my opin- than trends caused by global warming. itself. Climate is beyond our power to con- ion.’’ She was talking about the com- trol. The earth doesn’t care about govern- ments by Muller. She also said, ‘‘I And 2011 sees 9,000 Manhattans of ment and legislation. Climate change is a don’t see that their paper adds any- Arctic ice recovery since the low point matter of geologic time, something the earth thing to our understanding of the in 2007. does on its own without asking anyone’s per- Let me explain what that means. mission or explaining itself. causes of the recent warming.’’ That is on the paper submitted by Richard When we talk about the Manhattan I think the statement is certainly Muller. Arctic recovery, they use Manhattan not an accurate statement that was Roger Peilke, Jr., said that the ‘‘big- because that is something people can made this morning. By the way, in ger issue is how the New York Times identify with, and then they relate terms of the climate change, I would let itself be conned into running [Mull- that to the recovery of ice. In this like to suggest there is a Web site er’s] op-ed.’’ case—this is, again, from NASA. In called Climate Depot by Marc Morano. Michael Mann is the guy who started 2011, there were 9,000 Manhattans of In this, we can find multitudes of peer- this whole thing at the U.N., putting it Arctic ice recovery since the low point reviewed studies. There is not time to together. He had the hockey stick in 2007. Now, this study was 2011. So go over them all, but we certainly can thing that has been totally discredited. that means the low point was actually find them on that particular Web site. He said: below that, and it has been decreasing Another statement made by the sen- It seems, in the end—quite sadly—that this since that time. ior Senator from Massachusetts this is all really about Richard Muller’s self-ag- Now, that was the Arctic. In the Ant- morning was when they were talking grandizement. arctic there is a 2008 peer-reviewed about a former climate skeptic, Rich- So much for the statements that paper in the American Geophysical ard Muller, M-u-l-l-e-r. He changed his were made to give credibility to their Union, and it found a doubling in snow mind through extensive research, im- side by Richard Muller. accumulation in the western Antarctic plying he at one time was a skeptic and I think another thing that was stated Peninsula since 1850. In a paper pub- he is now an alarmist. Let me tell you this morning was we have evidence of lished in the October Journal of Cli- about Richard Muller. In 2008 Richard climate change all around—wildfires, mate Examples, the trend of sea ice ex- Muller said that the bottom line is drought and vegetation, and all that tends along the east Antarctic coast that there is a consensus. The Inter- type. Then they talked about glaciers. from 2000 to 2008 and finds a significant governmental Panel on Climate Well, let me just share the facts about increase of 1.43 percent per year. Change—we will talk about that later. that, which I think are very signifi- Let’s talk about Greenland. And I The President needs to know what the cant, as far as the droughts and all will always remember when I had occa- IPCC says. Second, they say that most that are concerned. Again, this is a sion—well, one of the things I have of the warming of the last 50 years is statement made by the senior Senator been interested in is aviation. I have probably due to humans. You need to from Massachusetts this morning, been an active pilot for, I guess, 60 know that this is from carbon dioxide talking about all these things that are years now. The occupier of the chair is and that you need to know the under- happening as a result of global warm- fully aware of this because he and I to- standing of the technology. ing. gether were able to pass the pilots’ bill Well, hurricanes, according to NOAA, Mr. President, I was talking about of rights, so for the first time an ac- have been on the decline in the United and responding to the speech made on cused pilot has access to the judicial States since the beginning of records in the floor this morning by the senior system. But as the occupier of the the 19th century. The worst decade for Senator from Massachusetts. chair is fully aware, I had occasion to major—category 3, 4, and 5—hurricanes I think the main thing I got across at fly an airplane around the world one was in the 1940s. that time was the assertion that was To quote the Geophysical Research time, emulating the flight of Wiley made that there are 6,000 peer-reviewed Letters: Post when he went around the world. It studies that say not one peer-reviewed is an exciting thing, but it is one of Since 2006, global tropical cyclone energy study proves that global warming is has decreased dramatically . . . to the lowest those things where you feel you are not happening and that anthropogenic levels since the late 1970s. Global frequency glad you did it, but you never want to gases would be the cause of it. I know of tropical cyclones has reached a historic do it again. It was kind of miserable at it wasn’t the intention of the senior low. times. Senator from Massachusetts to say So just the opposite. Anyway, I remember coming across something that was factually wrong, On tornadoes, NOAA scientists reject Greenland, following Wiley Post, and but I did read several peer-reviewed a global warming link to tornadoes. To starting in the United States, going up studies and referred to the Web site quote them: to Canada, then Greenland, to Iceland,

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.094 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5855 back to western Europe, and then 2, a little over 2, which was in 1990, and be comparable to Central Europe be- across Siberia. But in Greenland they it was fairly low until 2002. fore people will be weaned off of fossil are still talking up there about what it Look at what has happened. It has fuel because I think people know that used to be like in Greenland. They had doubled in tons of emissions. China has now. gone through this melting period where actually doubled in that period of time, This morning was kind of inter- everyone up there was growing things. from 2002 to 2012—a 10-year period. esting. We had a hearing this morning, They were ecstatic up there, talking At the same time, we have actually and one of the witnesses was a Dr. about the great old times. Then, of reduced our emissions—both the Christopher Field. He was a witness for course, the cold spell came along, and United States and the European Union. the other side, and he made a lot of it got much colder and it was much To suggest that China is sitting back statements. It was kind of interesting worse. there waiting for us to provide the because there is an article that was Now, the IPCC, in 2001, covered this. leadership for them to destroy their sent out, written by Roger Pielke, Jr., They said that to melt the Greenland economy is pretty outrageous. who is from the University of Colorado ice sheet would require temperatures By the way, the other statement that at Boulder, and he was actually on the to rise by 51⁄2 degrees Celsius and re- has been made in the past, not just by IPCC at one time. But he is one of the main for 1,000 years. The ice sheet is the Senator to whom I have referred authorities who disagrees with me, and growing 2 inches a year. So that is but several others, is that we are not he talked about how wrong Dr. Field Greenland, and they were just talking going to be able to solve the problem was. about Greenland this morning. In fact, and to do something about our reliance Now, this is what Field said, first of they talked about it during this hear- upon the Middle East just by devel- all: ing too. oping our own resources. That is As the U.S. copes with the aftermath of Let me mention this IPCC and re- wrong. last year’s record-breaking series of $14 bil- mind everyone of something that peo- There is a guy named Harold Hamm, lion climate-related disasters and this year’s ple tend to forget. The IPCC is the who is now the authority, and he has massive wildfires and storms, it is critical to Intergovernmental Panel on Climate actually had more successful produc- understand that the link between climate Change. It was put together by the tion in tight formations. He happens to change and the kinds of extremes that lead to disasters is clear. United Nations a long time ago. It all be from my State of Oklahoma. I called started in 1992 down in Rio de Janeiro. him up before a speech or a debate I Well, what did Roger Pielke say this They had their big gathering down was involved in probably 6 months ago, morning? He said: there to try to encourage everyone to and I said to Harold Hamm: You know, Field’s assertion that the link between cli- pass the Kyoto Treaty. The treaty was if we were to open up the United mate change and disaster ‘‘is clear,’’ which he supported with reference to U.S. ‘‘billion never even submitted by the Clinton- States—now, granted, there has been a dollar’’ economic losses, is in reality sci- Gore administration, although Gore surge in the production in this coun- entifically unsupported by the IPCC. Period. went to this big meeting in Rio de Ja- try, in the recovery, but that is all in That was the response to the asser- neiro. They had a wonderful time down private lands; none in public lands be- tion made this morning. there. At that time they were all say- cause we have had a reduction in public Another assertion made this morning ing the world is coming to an end so we lands. by Field was: The Obama administration has said have to pass the Kyoto Treaty to stop The report identified some areas where all that. Well, that is the IPCC that I over and over and over—and I guess if droughts have become longer and more in- have been very critical of because that you say something wrong enough times tense (including southern Europe and west is the science on which all of these people will believe it—that even if we Africa), but others where droughts have be- things are based that we are dealing open these public lands it would take come less frequent, less intent or shorter. with today. 10 years before that would arrive at the This is what was said in response to So much for these things that were pumps. that. Again, this is Dr. Roger Pielke, stated in terms of the disasters and the So I asked Harold Hamm, and I said: Jr., just today. This is in today’s paper droughts and all of these problems. The You are going to have to give me some- he published. next thing he talked about—and I have thing you can document, but if we were Field conveniently neglected in his testi- already talked about Greenland—is he to set up in New Mexico, for example, mony to mention that one place where talked about it is going to be necessary where you are precluded on public droughts have gotten less frequent, less in- to have carbon caps. I think we talked lands from drilling, and you put up tense or shorter is . . . the United States. about that this morning. Right now, your operation, how long would it take Why did he fail to mention this region, sure- there are those people who are advo- you to bring up the oil and actually go ly of interest to U.S. Senators. . . . cating cap and trade—a very complex, through the whole refinery process and Myself included—that were on the difficult thing to explain—which is es- get it to the pump to get the supply panel? sentially requiring a cap on carbon there so we can bring down the price of The third thing he mentioned on emissions and then trading these emis- oil, of gas, at the pumps? He said: Sev- NOAA’s billion-dollar disasters; Field sions back and forth. That is some- enty days. He didn’t hesitate. said: thing they do not talk about anymore I said: Seventy days? They said it The U.S. experienced 14 billion-dollar dis- because that has been completely dis- would take 10 years. asters in 2011, a record that far surpasses the credited. Now they are talking about a He said: No. He said: It would take 30 previous maximum of 9. carbon tax, and I think that was men- days to go down and lift it up—60 days Field says nothing about the serious tioned this morning. before you hit the surface, and in prep- issues with NOAA’s tabulation. The Quoting the Senator from Massachu- aration of sending it to a refinery, then billion-dollar disaster memo is a PR setts this morning once again: in 10 days you get it to the refinery and train wreck, not peer-reviewed, and is The avoidance of responsibility has to to the pumps. counter to the actual science summa- stop. We have been waiting for 20 years now Well, I am just saying there is this rized in the IPCC. Again, this is Dr. while other countries, including China, are whole idea we have to rely on some Pielke, Jr., who disagrees with me on stealing our opportunities. kind of green energy that has not even this, but he said he is tired of people Let’s put up that chart. Let’s talk a been developed yet in terms of tech- saying things that are not true. little about China. You know China is nology and ration what we have in this I ask unanimous consent to include the great beneficiary of anything we do country. I mean, this Obama adminis- his entire statement in the RECORD be- here to put caps on carbon because tration has had a war on fossil fuels cause he goes over point after point they are the ones that are doing it. So since before he was elected President of and discredits everything that was said they say China is making great strides the United States. He wants to kill fos- by this witness—whose name is Chris- in reducing their carbon emissions. sil fuels. We all know that. And I am topher Field—this morning. Well, look at this. The green line there not going to quote all the people in his There being no objection, the mate- is China. This is in emissions—billions administration who say we are going to rial was ordered to be printed in the of tons of emissions. It starts down at have to raise the price at the pumps to RECORD, as follows:

VerDate Mar 15 2010 03:01 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.096 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5856 CONGRESSIONAL RECORD — SENATE August 1, 2012 ROGER PIELKE JR IPCC LEAD AUTHOR IPCC was unable to attribute any trend in tries from around the world to testify MISLEADS US CONGRESS tropical cyclone disasters to climate change that global warming is happening and The politicization of climate science is so (anywhere in the world and globally overall). they are going to do something about complete that the lead author of the IPCC’s In fact, there has been no trend in US hurri- it. One time in Milan, Italy, I saw one Working Group II on climate impacts feels cane frequency or intensity over a century or more, and the US is currently experi- of my friends from West Africa. I said, comfortable presenting testimony to the US What in the world are you doing here? Congress that fundamentally misrepresents encing the longest period with no intense what the IPCC has concluded. I am referring hurricane landfalls ever seen. Field fails to You know better than this—in terms of to testimony given today by Christopher report any this and invents something dif- global warming. He said, This is the Field, a professor at Stanford, to the US Sen- ferent. Why present testimony so easily re- biggest party of the year. Besides that, ate. futed? (He did get tornadoes right!) if we agree to go along with this, we in This is not a particularly nuanced or com- 5. On attributing billion dollar disasters to West Africa are going to get billions of climate change, case of floods and droughts: plex issue. What Field says the IPCC says is dollars from the United Nations, from blantantly wrong, often 180 degrees wrong. It Field: ‘‘For other categories of climate and weather extremes, the pattern is increas- those countries in the developed na- is one thing to disagree about scientific tions. questions, but it is altogether different to ingly clear. Climate change is shifting the fundamentally misrepresent an IPCC report risk of hitting an extreme. The IPCC (IPCC Another big party was coming up in to the US Congress. Below are five instances 2012) concludes that climate change in- Copenhagen in 2009. I think Senator in which Field’s testimony today completely creases the risk of heat waves (90% or great- KERRY had gone over; Hillary Clinton and unambiguously misrepresented IPCC er probability), heavy precipitation (66% or had gone over. I don’t believe Barack greater probability), and droughts (medium findings to the Senate. Obama was there. NANCY PELOSI was 1. On the economic costs of disasters: confidence) for most land areas.’’ What the IPCC actually says: ‘‘The absence there and several others were there. Field: ‘‘As the US copes with the after- of an attributable climate change signal in They were telling all these countries: math of last year’s record-breaking series of losses also holds for flood losses’’ and (from Don’t you worry about it because we in 14 billion-dollar climate-related disasters above): ‘‘in some regions droughts have be- and this year’s massive wildfires and storms, the United States of America are going come less frequent, less intense, or shorter, it is critical to understand that the link be- to pass cap-and-trade legislation this for example, central North America’’ tween climate change and the kinds of ex- year. So I said I was going to go over as Field fails to explain that no linkage be- a one-man truth squad to let them tremes that lead to disasters is clear.’’ tween flood disasters and climate change has Field’s assertion that the link between cli- been established. Increasing precipitation is know the truth, and I did. I went over mate change and disasters ‘‘is clear,’’ which not the same thing as increasing streamflow, and told the 191 other countries there: he supported with reference to US ‘‘billion floods or disasters. In fact, floods may be de- We are not going to pass cap and trade. dollar’’ economic losses, is in reality sci- creasing worldwide and are not increasing It is dead. It is gone. They can’t get entifically unsupported by the IPCC. Period. the US. The fact that drought has declined There is good reason for this—it is what the one-third of the Senate to support it. in the US means that there is no trend of ris- Before I left, one of my favorite lib- science says. Why fail to report to Congress ing impacts that can be attributed to cli- the IPCC’s most fundamental finding and in- erals, Lisa Jackson—I really like her. mate change. Yet he implies exactly the op- She is Obama’s appointee and is now dicate something quite the opposite? posite. Again, why include such obvious mis- 2. On US droughts: representations when they are so easily re- the Director of the Environmental Pro- Field: ‘‘The report identified some areas futed? tection Agency. Right before I went to where droughts have become longer and Field is certainly entitled to his (wrong) Copenhagen, we had a hearing and she more intense (including southern Europe and opinion on the science of climate change and was a witness. West Africa), but others where droughts have disasters. However, it utterly irresponsible I said: Madam Administrator, I have become less frequent, less intense, or short- to fundamentally misrepresent the conclu- a feeling that once I leave and go to er.’’ sions of the IPCC before the US Congress. He What the IPCC actually said: . . . in some Copenhagen, you are going to come out might have explained why he thought the with an endangerment finding that will regions droughts have become less frequent, IPCC was wrong in its conclusions, but it is less intense, or shorter, for example, central foolish to pretend that the body said some- give you justification to start doing North America. . .’’ thing other than what it actually reported. what they couldn’t do by legislation Field conveniently neglected in his testi- Just like the inconvenient fact that people through regulations. And I could see a mony to mention that one place where are influencing the climate and carbon diox- smile on her face. droughts have gotten less frequent, less in- ide is a main culprit, the science says what I said: When you do this, it has to be tense or shorter is . . . the United States. the science says. based on science. What science are you Why did he fail to mention this region, sure- Field can present such nonsense before ly of interest to US Senators, but did include going to base this on? Congress because the politics of climate She said: Well, the Intergovern- Europe and West Africa? change are so poisonous that he will be ap- 3. On NOAA’s billion dollar disasters:, plauded for his misrepresentations by many, mental Panel on Climate Change would Field: ‘‘The US experienced 14 billion-dol- including some scientists. Undoubtedly, I be the major thing. And, sure enough, lar disasters in 2011, a record that far sur- will be attacked for pointing out his obvious that is exactly what happened. passes the previous maximum of 9.’’ misrepresentations. Neither response I could not have planned it, but she What NOAA actually says about its series changes the basic facts here. Such is the made this declaration that we now are of ‘‘billion dollar’’ disasters: ‘‘Caution should sorry state of climate science today. going to be able to do through regula- be used in interpreting any trends based on Mr. INHOFE. It is important to talk tion what we couldn’t do through legis- this [data] for a variety of reasons’’ Field says nothing about the serious issues about the IPCC because if we stop and lation because the people of America with NOAA’s tabulation. The billion dollar think about it, everything that has had spoken through their elected rep- disaster meme is a PR train wreck, not peer been happening comes from the science resentatives in the House and the Sen- reviewed and is counter to the actual science that was investigated and formulated ate and had denied the opportunity to summarized in the IPCC. So why mention it? by the IPCC—Intergovernmental Panel do cap and trade, so they decided to do 4. On attributing billion dollar disasters to on Climate Change—that is, the United it on an endangerment finding. climate change, case of hurricanes and tor- Nations. In my book I talk a little bit What happened after that is what I nadoes: about that, but I don’t believe it would call poetic justice. Climategate oc- Field: ‘‘For several of these categories of disasters, the strength of any linkage to cli- be appropriate to mention it at this curred. I had nothing to do with it mate change, if there is one, is not known. time. But at today’s hearing, we talked when it happened, but all the speeches Specifically, the IPCC (IPCC 2012) did not about the IPCC. I had made in the previous 10 years on identify a trend or express confidence in pro- When they were unable, through the floor of this Senate were speeches jections concerning tornadoes and other about five or six different bills, to get saying exactly the same thing: that small-area events. The evidence on hurri- cap and trade through—keep in mind, they were cooking the science and canes is mixed.’’ cap and trade through legislation what they were saying was not real. What the IPCC actually said: ‘‘The state- would cost the American people be- I read several of the editorials that ment about the absence of trends in impacts attributable to natural or anthropogenic cli- tween $300 billion and $400 billion a came out after climategate. The New mate change holds for tropical and year. But when that failed, we had York Times has always been on the extratropical storms and tornados’’ something happen in December 2009. other side of this issue. They said: Hurricanes are, of course, tropical cy- The United Nations has this big Given the stakes, the IPCC cannot allow clones. Far from evidence being ‘‘mixed’’ the party every year, and they invite coun- more missteps and, at the very least, must

VerDate Mar 15 2010 03:01 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.003 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5857 tighten procedures and make its deliberation Sure, it is hot. But it is so important happening right now, after 3 years, and more transparent. The panel’s chairman . . . that people understand, weather is not not one mention of global warming, is under fire for taking consulting fees from climate. and all of a sudden it is global warm- business interests. . . . Roger Pielke, Jr., a professor of envi- ing. The Washington Post, which has also ronmental studies at University of Col- Mr. President, I ask unanimous con- been on the other side of this issue, orado, said: sent to extend my time by 5 minutes. said: Over the long term, there is no evidence The PRESIDING OFFICER (Mr. Recent revelations about flaws in that that disasters are getting worse because of BEGICH). Without objection, it is so or- seminal IPCC report, ranging from typos in climate change. dered. key dates to sloppy sourcing, are under- Judith Curry, chair of the Georgia Mr. INHOFE. This morning I showed mining confidence not only in the panel’s Institute of Technology’s School of a picture of an igloo. I have 20 kids and work but also in projections about climate change. Earth and Atmospheric Sciences, has grandkids. My daughter Molly and her said: husband have four children. One of Newsweek: I have been completely unconvinced by any those is adopted from Africa, a little Some of the IPCC’s most-quoted data and of the arguments . . . that attribute a single girl. She was brought over here when recommendations were taken straight out of extreme weather event, a cluster of extreme she was a little baby. She is now 12 unchecked activist brochures, newspaper ar- weather events, or statistics of extreme ticles. . . . years old, reading at a college level. weather events to anthropogenic forcing. She is an outstanding little girl. I Christopher Booker of the UK Tele- Myles Allen at the University of Ox- graph said of climategate, ‘‘ . . . the sponsor the African dinner every Feb- ford’s Atmospheric, Oceanic, and Plan- ruary, and she, for the last 3 years, has worst scientific scandal of our genera- etary Physics Department: tion.’’ been kind of a keynote speaker, and ev- When Al Gore said . . . that scientists now Clive Crook of the Financial Times erybody loves her. have clear proof that climate change is di- They were up here 2 years ago, and said: ‘‘The stink of intellectual corrup- rectly responsible for the extreme and dev- tion is overpowering.’’ they couldn’t leave because all the air- astating floods, storms and droughts . . . my ports were closed because of the ice A prominent physicist from the IPCC heart sank. storm. What do you do with a family of said: ‘‘Climategate was a fraud on the I consider Rachel Maddow of MSNBC scale I have never seen.’’ six when they are stuck someplace? to be one of the outstanding liberals, They built an igloo. That was fun—a Another UN Scientist, bails: and she is one of my four favorite lib- UN IPCC Coordinating author Dr. Philip real igloo that will sleep four people. erals. I have been on her program, and This became quite an issue, and we had Lloyd calls out IPCC ‘fraud’—the result is I have enjoyed it. Bill Nye, the Science not scientific. articles from France and Great Britain Guy, agrees that some of these weather and all criticizing my family. In fact, Newsweek: events have nothing to do with global Once celebrated climate researchers feel- my cute little family was declared by warming. Keith Olbermann of MSNBC to be the ing like used car salesmen. Some of IPCC’s The other thing I made a note of that worst family in America because of most-quoted data and recommendations were came up this morning was that they this. taken straight out of unchecked activist bro- said there is no evidence on cooling. I chures. The point they were trying to make think it is important to talk about is, no one ever asserted that because it Clive Cook of the Atlantic Magazine, that a little bit because a prominent was the coldest winter in several dec- speaking of the IPCC, responds: Russian scientist said: I had hoped, not very confidently, that the ades up here that somehow that re- We should fear a deep temperature drop— futed global warming. I said: No, that various Climategate inquiries would be se- not catastrophic global. . . . Warming had a vere. This would have been a first step to- natural origin . . . CO is not guilty. isn’t true. Now those same people are wards restoring confidence in the scientific 2 saying that it is. U.N. Fears (More) Global Cooling consensus. So you can fool the American people Cometh! An IPCC scientist warns the So everyone is in agreement that this part of the time and you can talk U.N.: is what climategate was all about. And about all the hysteria and all the why I am spending so much time on We may be about to enter one or even two things that are taking place, but the decades during which temps cool. this is because this is the science of all people of America have caught on. of these things that started since I ask unanimous consent all of these In March 2010, in a Gallup poll, Amer- Kyoto. be placed in the RECORD showing that a icans ranked global warming dead last, By the way, the Senator, this morn- single weather event has nothing to do No. 8 out of eight environmental ing on the floor, commented about the with climate. issues. They had a vote, and this was Kyoto Treaty. Let’s keep in mind, the There being no objection, the mate- dead last. Kyoto Treaty was back during the rial was ordered to be printed in the A March Rasmussen poll: 72 percent Clinton-Gore administration. They RECORD, as follows: of American voters don’t believe global were strongly in support of it. Vice GLOBAL COOLING PREDICTIONS warming is a serious problem. President Gore went down to the sum- 3. Paleoclimate scientist Dr. Bob Carter, An alarmist, Robert Socolow, la- mit they were having in Rio de Janeiro James Cook University in Austraila, who has ments: testified before the U.S. Senate Committee and signed the treaty, but they never on EPW, noted on June 18, 2007, ‘‘The accept- We are losing the argument with the gen- submitted it to the Senate. ed global average temperature statistics eral public big time . . . I think the climate To become a part of a treaty, it has used by the Intergovernmental Panel on Cli- change activists—myself included—have lost to be ratified by the United States. It mate Change (IPCC) show that no ground- the American middle. never was, and people need to under- based warming has occurred since 1998. So as much money as they have stand that there is a reason it never Oddly, this 8-year-long temperature stability spent and the efforts they have made, was submitted. as occurred despite an increase over the and moveon.org and George Soros and I would suggest a couple of other same period of 15 parts per million (or 4%) in Michael Moore and the United Nations things in the remainder of the time atmospheric CO2. and the Gore people and the elitists out that I have that I think are significant (ANDREW REVKIN) in California in Hollywood, they have and worthy of bringing up. One would 4. Just months before Copenhagen, on Sep- lost this battle. Now they are trying to be the one-weather event. The thing tember 23, 2009, the New York Times ac- resurrect it. They would love nothing knowledged, ‘‘The world leaders who met at that we are hearing more about than the United Nations to discuss climate change more than to pass this $300 billion tax anything else is that it has been a very . . . are faced with an intricate challenge: increase. It is not going to happen. hot summer. On Monday, my wife building momentum for an international cli- But I am glad that we are talking called me up and said: In Tulsa it is 109 mate treaty at a time when global tempera- about it again, and I applaud my degrees today. tures have been relatively stable for a decade friend. Senator SANDERS from Vermont I was joking around with my good and may even drop in the next few years.’’ is a real sincere activist on the other friend from Vermont—we disagree with Mr. INHOFE. I do think it is impor- side. We agree on hardly anything—ex- each other, but he is a good friend. tant to bring this up because this is cept infrastructure, I would have to

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.099 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5858 CONGRESSIONAL RECORD — SENATE August 1, 2012 say—and yet we respect each other. not be objecting, let me echo the re- So far, in the sputtering P5+1 nego- That is what this body is all about. We marks of the majority leader. This is tiations, Iran has shown no clear signs should have people who are on both an important piece of legislation. of a willingness to work with the inter- sides of all these controversial issues The part I have the most interest in national community to engage in a se- talking about it. There has been a si- renews Burma’s sanctions—something rious way on nuclear issues. It remains lence for 3 years. Now we are talking we have done on an annual basis for 10 to be seen whether Iran will ultimately about it again. years. We are renewing the sanctions be willing to work towards progress on So welcome back to the discussion of in spite of the fact that much progress the central issues at upcoming negoti- global warming. I look forward to fu- has been made in Burma in the last ating sessions, or whether the meetings ture discussions about this. year and a half. Secretary Clinton will, will simply be another in a series of Mr. President, I yield the floor. of course, recommend to the President stalling actions to buy time to enrich UNANIMOUS CONSENT AGREEMENT S. 3326 that these sanctions be waived in rec- additional uranium and further fortify The PRESIDING OFFICER. The ma- ognition of the significant progress their nuclear program. That is why I jority leader. that has been made in the last year and think it necessary to intensify the Mr. REID. Mr. President, we are a half in that country, which is trying pressure, and move forward quickly about to do something really impor- to move from a rather thuggish mili- now on this new package that leaves no tant in the Senate. It would increase tary dictatorship to a genuine democ- doubts about U.S. resolve on this issue. U.S. textile exports to Central Amer- racy. There is still a long way to go. As we all recognize, economic sanc- ican countries, it would promote devel- This is an important step in the right tions are not an end: they are a means opment and economic stability by cre- direction. America speaks with one to an end. That end is to apply enough ating jobs in, of course, African coun- voice regarding Burma. My views are pressure to secure agreement from tries, and it would extend U.S. import the same as the views of the Obama ad- Iran’s leaders to fully, completely and sanctions with Burma, which the Re- ministration as expressed by Secretary verifiably abandon their illicit nuclear publican leader will speak more about. Clinton. activities. This bill would help maintain about I thank the chairman of the Finance Isolated diplomatically, economi- 2,000 jobs in North Carolina and South Committee also for helping us work cally, and otherwise, Iran must under- Carolina alone. It is a very good bill. It through the process, and particularly stand that the patience of the inter- is fully paid for. It is an important national community is fast running Senator COBURN, who had some res- piece of legislation. ervations about the non-Burma parts out. With these new sanctions, includ- Mr. President, I ask unanimous con- of this bill. I think we have worked ing those targeted at the I-R-G-C, we sent that at a time to be determined by those out and are moving forward. It is are pressing Iran’s military and polit- the majority leader, after consultation an important step in the right direc- ical leaders to make a clear choice. with the Republican leader, the Senate tion. They can end the suppression of their proceed to the consideration of Cal- The PRESIDING OFFICER. Without people, come clean on their nuclear endar No. 459, S. 3326; that the only objection, it is so ordered. program, suspend enrichment, and stop amendment in order be a Coburn Mr. REID. Mr. President, I ask unan- supporting terrorist activities around amendment, the text of which is at the imous consent that the order for the the globe. Or they can continue to face desk; that there be 30 minutes for de- quorum call be rescinded. sustained multilateral economic and bate equally divided and controlled in The PRESIDING OFFICER. Without diplomatic pressure, and deepen their the usual form; that upon the use or objection, it is so ordered. international isolation. yielding back of that time, the Senate This legislation is based on the Sen- proceed to vote in relation to the f ate bill which passed with unanimous amendment; that if the amendment is IRAN THREAT REDUCTION AND support in May. It incorporates new not agreed to, the bill be read the third SYRIA HUMAN RIGHTS ACT OF 2012 measures from Democrats and Repub- time and passed without further action Mr. REID. Mr. President, I ask the licans in the House and Senate. The or debate; that when the Senate re- Chair to lay before the Senate a mes- sanctions contained in this bill reach ceives H.R. 5986 and if its text is iden- sage from the House with respect to more deeply into Iran’s energy sector tical to S. 3326, the Senate proceed to H.R. 1950. than ever before, and build on the the immediate consideration of H.R. The PRESIDING OFFICER. The sweeping banking sanctions Congress 5986, the bill be read the third time and clerk will report. enacted 2 years ago to reach to insur- passed without further debate, with no The legislative clerk read as follows: ance, shipping, trade, finance and other amendments in order prior to passage; Resolved, that the House agree to the sectors, targeting those who help to further, that if the Coburn amendment amendment of the Senate to the bill (H.R. bolster Iranian government revenues is agreed to, the Finance Committee be 1905) entitled ‘‘An Act to strengthen Iran which support their illicit nuclear ac- discharged from further consideration sanctions laws for the purpose of compelling tivities. of H.R. 9 and the Senate proceed to its Iran to abandon its pursuit of nuclear weap- As I have said before, the prospect of immediate consideration; that all after ons and other threatening activities, and for a nuclear-armed Iran is the most press- other purposes’’, with an amendment. the enacting clause be stricken and the ing foreign policy challenge we face, text of S. 3326, as amended, be inserted Mr. JOHNSON of South Dakota. Mr. and we must continue to do all we in lieu thereof, the bill be read the President, I rise in strong support of can—politically, economically, and third time and passed without further the Iran Threat Reduction and Syria diplomatically—to avoid that result. In debate; that when the Senate receives Human Rights Act, our legislation recent months, we have seen increased H.R. 5986, the Senate proceed to it which embodies a bipartisan, bicameral signs that the Iranian regime is feeling forthwith and all after the enacting agreement to reconcile the current the pressure of existing sanctions. clause be stricken and the text of sec- Senate and House-passed versions of Their currency has plummeted, their tions 2 and 3 of S. 3326, as reported, by Iran sanctions legislation. Once imple- trade revenues have been sharply cur- inserted in lieu thereof, the bill be read mented, this comprehensive new set of tailed, and they are under increasing the third time and passed, without fur- sanctions will help dramatically to in- pressure from the oil sanctions regime ther debate, as amended, and S. 3326 be crease the pressure on Iranian govern- currently in place. With passage of this returned to the Calendar of Business; ment leaders to abandon their illicit bill, we are taking another significant finally, that no motions be in order nuclear activities and support for ter- step to block the remaining avenues other than motions to waive or mo- rorism. This bill passed the House of for the Iranians to fund their illicit be- tions to table and that motions to re- Representatives by an overwhelming havior and evade sanctions. The bill consider be made and laid on the table bipartisan vote of 421 to 6 earlier this also requires sanctions on those who with no intervening action or debate. evening. I hope all of my colleagues purchase new Iranian sovereign debt, The PRESIDING OFFICER. Is there will join me in supporting it so that it thereby further limiting the regime’s objection? can be adopted by the Senate and ability to finance its illicit activities. Mr. MCCONNELL. Mr. President, re- signed into law by the President as In addition, there are substantial serving the right to object, and I will soon as possible. new sanctions for anyone who engages

VerDate Mar 15 2010 04:51 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.101 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5859 in joint ventures with the National Ira- to abandon its efforts to achieve nuclear Sec. 203—Expansion of Sanctions with Re- nian Oil Company, NIOC; provides in- weapons capacity can be effectively achieved spect to the Development by Iran of WMDs: surance or re-insurance to the National through a comprehensive policy that in- Requires imposition of five or more ISA cludes expansion and vigorous implementa- sanctions on persons who export, transfer, or Iranian Oil Company or the National tion and enforcement of bilateral and multi- otherwise facilitate the transshipment of Iranian Tanker Company, NITC; helps lateral sanctions against Iran, diplomacy, goods, services, technology or other items Iran evade oil sanctions through reflag- and military planning and options, con- and know or should have known this action ging or other means; or sells, leases, or sistent with the President’s 2012 State of the would materially contribute to the ability of otherwise provides oil tankers to Iran, Union Address; and (ii) that intensified ef- Iran to develop WMDs. Also requires ISA unless they are from a country that is forts to counter Iranian sanctions evasion sanctions to be imposed (subject to certain are necessary. conditions) on persons who knowingly par- sharply reducing its oil purchases from Sec. 102—Diplomatic Efforts to Expand Iran. ticipate in joint ventures with Iran’s govern- Multilateral Sanctions Regime: Urges efforts ment, Iranian firms, or persons acting for or The bill also expands sanctions by the US to expand the UN sanctions re- on behalf of Iran’s government, in the min- against Iranian and Syrian officials for gime to include (i) imposing additional trav- ing, production or transportation of uranium human rights abuses, including against el restrictions on Iranian officials respon- anywhere in the world. Exempts persons if those who engage in censorship, jam- sible for human rights violations, the devel- they withdraw from such joint ventures ming and monitoring of communica- opment of Iran’s nuclear and ballistic mis- within six months after date of enactment. sile programs, and Iran’s support for ter- tions, and tracking of Internet use by Sec. 204—Expansion of Sanctions Available rorism; (ii) withdrawing sea- and airport under the Iran Sanctions Act of 1996: Ex- ordinary Iranian citizens. landing rights for Iran Shipping Lines and Many of my colleagues, both Demo- pands the current menu of sanctions avail- Iran Air, for their role in nuclear prolifera- able to the President under ISA, to include a crats and Republicans, have helped us tion and illegal arms sales; (iii) expanding prohibition on any US person from investing get to this point. I want to particularly the range of sanctions imposed on Iran by in or purchasing significant amounts of eq- thank Chairman ROS-LEHTINEN of the US allies; (iv) expanding sanctions to limit uity or debt instruments of a sanctioned per- Iran’s petroleum development and imports of House Foreign Affairs Committee. son, an exclusion from the United States of refined petroleum products; and (v) accel- aliens who are corporate officers, principals Without her help, we would not be erating US diplomatic and economic efforts or controlling shareholders in a sanctioned here. I also want to thank my col- to help allies reduce their dependence on Ira- firm, and application of applicable ISA sanc- leagues, including Senator MENENDEZ, nian crude oil and other petroleum products. who crafted many of its original provi- Requires periodic reporting to Congress on tions to the CEO or other principal executive the status of such efforts. officers (or persons performing similar func- sions, and Senators SCHUMER, GILLI- tions) of a sanctioned firm, which could in- BRAND, LAUTENBERG, BROWN, KYL, LIE- Sec. 201—Expansion of Sanctions with Re- spect to Iran’s Energy Sector: Makes a num- clude a freeze of their US assets. BERMAN, and others who contributed ber of substantial changes in and additions Sec. 205—Modification of Waiver Standard their ideas. I also want to thank Major- to ISA’s energy sanctions. These include (i) under the Iran Sanctions Act of 1996: Revises ity Leader REID for his tireless efforts increasing the number of required sanctions the standard under section 9 of ISA for waiv- to enact a strong comprehensive sanc- from three to five; (ii) making sanctionable ers of sanctions by the President (i) to re- tions bill. certain construction of transportation infra- quire that energy-related sanctions can only Finally, I want to thank the staff structure to support delivery of domestically be waived if waiver is essential to the na- refined petroleum in Iran; (iii) making tional security interests of the United who crafted the details of this bill, and States; (ii) require that WMD-related sanc- worked long hours in intensive discus- sanctionable certain barter transactions, and the purchase or facilitation of Iranian debt tions can only be waived if waiver is ‘‘vital sions over the last several weeks to get issued after the date of enactment, that con- to the national security interests of the it done. They include Patrick Grant, tribute to Iran’s ability to import refined pe- United States; (iii) to eliminate the ‘‘perma- Steve Kroll, Georgina Cannon, Ingianni troleum products; (iv) extending ISA sanc- nent’’ waiver in prior law and replace it with Acosta and Colin McGinnis of my Com- tions to persons knowingly participating in a one-year renewable waiver; and (iv) to clar- mittee staff; Dr. Yleem Poblete, Matt petroleum resources joint ventures estab- ify that all waivers must be on a case-by- Zweig, and Ari Friedman of Chairman lished on or after January 1, 2002, anywhere case basis . in the world in which Iran’s government is a Sec. 206—Briefings on Implementation of ROS-LEHTINEN’s staff; John O’Hara and substantial partner or investor; an exception the Iran Sanctions Act of 1996: Amends ISA Andrew Olmem of Senator SHELBY’s is provided for ventures terminated within to require briefings by the Secretary of State staff, and Shanna Winters, Dr. Richard 180 days of enactment; (v) extending ISA to the appropriate congressional committees Kessler, and Alan Makovsky of Rank- sanctions to those providing certain goods on ISA implementation. ing Member BERMAN’s staff. and services (including construction of cer- Sec. 207—Expansion of Definitions under All told, when enacted this bill and tain infrastructure) that support Iran’s abil- the Iran Sanctions Act of 1996: Adds defini- other efforts by the President will sig- ity to develop its petroleum resources; and tions of ‘‘credible information,’’ ‘‘petro- (vi) extending ISA sanctions to support for chemical product,’’ and ‘‘services.’’ ‘‘Credible nificantly increase pressure on Iran to information’’ includes public announcements abandon its illicit nuclear activities. I Iran’s domestic production of petrochemical products. by persons that they are engaged in certain ask unanimous consent to have printed Sec. 202—Imposition of Sanctions for activities, including those made in a report in the RECORD a detailed summary of Transportation of Crude Oil from Iran and to stockholders, and may include announce- the bill. I urge all my colleagues to Evasion of Sanctions by Shipping Compa- ments by the Government of Iran, and re- support this measure. nies: Requires imposition of at least five ISA ports from the General Accountability Office There being no objection, the mate- sanctions on a person who owns or operates (GAO), the Energy Information Administra- rial was ordered to be printed in the a vessel that within 90 days after the date of tion, the Congressional Research Service, or enactment is used to transport crude oil other reputable governmental organizations, RECORD, as follows: from Iran to another country; applies only if or trade or industry publications. ‘‘Petro- IRAN THREAT REDUCTION AND SYRIA HUMAN the President makes a determination, under chemical product’’ is defined consistent with RIGHTS ACT OF 2012 the NDAA, that there is a sufficient supply Executive Order 13590. ‘‘Services’’ include SECTION-BY-SECTION SUMMARY of petroleum and petroleum products from software, hardware, financial, professional Sec. 1—Short Title, Table of Contents countries other than Iran to permit pur- consulting, engineering, specialized energy Sec. 2—Definitions: Provides that the defi- chasers of petroleum to significantly reduce information services, and others. nitions of key terms (‘‘appropriate congres- their purchases from Iran; an exception is Sec. 208—Sense of Congress on Iran’s En- sional committees,’’ and ‘‘knowingly,’’) will provided for transportation of crude oil from ergy Sector: States the sense of Congress be those found in the Iran Sanctions Act Iran to countries that are exempt from that Iran’s energy sector remains a zone of (ISA) of 1996, as amended, and that the defi- NDAA sanctions because they are signifi- proliferation concern, since the Iranian Gov- nition of ‘‘United States person’’ will be that cantly reducing such purchases. Also applies ernment continues to divert substantial rev- found in the Comprehensive Iran Sanctions, at least five ISA sanctions to persons that enue from petroleum sales to finance its il- Accountability, and Divestment Act of 2010 own or operate a vessel that conceals the licit nuclear and missile activities, and that (CISADA). Also defines ‘‘financial trans- Iranian origin of crude oil or refined petro- the President should apply the full range of action,’’ to mean any transfer of value in- leum products transported on the vessel, in- ISA sanctions to address the threat posed by volving a financial institution, including cluding by permitting the operator of the Iran. precious metals and various swaps, futures, vessel to suspend the vessel’s satellite track- Sec. 211—Sanctions for Shipping WMD or and other activities. ing devices, or by obscuring or concealing Terrorism-Related Materials to or from Iran: Sec. 101—Enforcement of Multilateral the ownership by the government of Iran, or Requires the blocking of assets of, and im- Sanctions Regime and Expansion and Imple- other entities owned or controlled by Iran. poses other sanctions on, persons who know- mentation of Sanctions: States the sense of Ships involved could be barred from US ports ingly sell, lease, or provide ships, insurance Congress that (i) the goal of compelling Iran for up to two years. or reinsurance, or other shipping services,

VerDate Mar 15 2010 03:01 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.104 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5860 CONGRESSIONAL RECORD — SENATE August 1, 2012 for transportation of goods that materially Sec. 218—Liability of Parent Companies for ties of State and Local Governments: States contribute to Iran’s WMD program or its ter- Violations of Sanctions by Foreign Subsidi- the sense of Congress that the US should rorism-related activities. Applies as well to aries: Requires the imposition of civil pen- support actions by States or local govern- parents of the persons involved if they knew alties under the International Emergency ments, within their authority, including de- or should have known of the sanctionable ac- Economic Powers Act (IEEPA) of up to twice termining how investment assets are valued tivity and to any of subsidiaries or affiliates the amount of the relevant transaction, on for financial institutions safety and sound- of the persons involved that knowingly par- US parent companies for the activities of ness purposes, that are consistent with and ticipated in the activity. Permits the Presi- their foreign subsidiaries which, if under- in furtherance of this Act. Amends CISADA dent to waive sanctions in cases ‘‘vital to the taken by a US person or in the United to state that it shall not be construed to national security interest,’’ but requires a States, would violate US sanctions law. Sub- abridge the authority of a State to issue and report to Congress regarding the use of such sidiaries are defined as those entities in enforce rules governing the safety, sound- a waiver; the President must, in any event, which a US person holds more than fifty per- ness, and solvency of a financial institution submit a report to Congress identifying oper- cent equity interest or a majority of the subject to its jurisdiction or the business of ators of vessels and other persons that con- seats on the board, or that a US person oth- insurance pursuant to the McCarran-Fer- duct or facilitate significant financial trans- erwise controls. Covers activities under the guson Act. actions that manage Iranian ports des- current US trade embargo with Iran and Sec. 223—GAO Reports on Foreign Invest- ignated for IEEPA sanctions. would apply regardless of whether the sub- ment in Iran’s Energy Sector: Mandates re- Sec. 212—Imposition of Sanctions for Pro- sidiary was established to circumvent US ports from GAO on foreign investment in vision of Underwriting Services or Insurance sanctions. Iran’s energy sector, exporters of refined pe- or Reinsurance for NIOC and NITC: Requires Sec. 219—Securities and Exchange Com- troleum products to Iran, entities providing five or more ISA sanctions against compa- mission Disclosures on Certain Activities in shipping and insurance services to Iran, Ira- nies providing underwriting services, insur- Iran: Amends the Securities and Exchange nian energy joint ventures worldwide, and ance, or reinsurance to National Iranian Oil Act of 1934 to require issuers whose stock is countries where gasoline and refined petro- Company (NIOC) or the National Iranian traded on US stock exchanges to disclose leum products exported to Iran are produced Tanker Company (NITC) or a successor enti- whether they or their affiliates have know- or refined. ty to either company. Provides an exemption ingly engaged in activities (i) described in Sec. 224—Expanded Reporting on Iran’s for persons providing such services for ac- section 5 of ISA (energy sector activity); (ii) Crude Oil and Refined Petroleum Products: tivities relating to the provision of food, described in 104(c)(2) or (d)(1) of CISADA (re- Amends section 110(b) of CISADA to require medicine, and medical devices or humani- lated to foreign financial institutions who additional reporting by the President on the tarian assistance to Iran. facilitate WMD/terrorism, money laun- volume of crude oil and refined petroleum Sec. 213—Imposition of Sanctions for Pur- dering, IRGC activity, and other violations); products imported to and exported from chase, Subscription to, or Facilitation of the (iii) in 105A(b)(2) of CISADA (related transfer Iran, the persons selling and transporting Issuance of Iran Sovereign Debt: Requires of weapons and other technologies to Iran crude oil and refined petroleum products, the the imposition of five or more ISA sanctions likely to be used for human rights abuses); countries with primary jurisdiction over on persons the President determines know- (iv) involving persons whose property is those persons and the countries in which ingly purchase, subscribe to, or facilitate the blocked for WMD/terrorism and; (v)involving those products were refined, the sources of issuance of Iranian sovereign debt, or debt of persons or entities in the government of Iran financing for such imports and the involve- an entity owned or controlled by the Iranian (without the authorization of a Federal de- ment of foreign persons in efforts to assist Government, issued on or after the date of partment or agency). Provides for periodic Iran in developing its oil and gas production enactment. public disclosure of such information, and capacity, importing advanced technology to Sec. 214—Imposition of Sanctions on Sub- communication of that information by the upgrade existing Iranian refineries, con- sidiaries and Agents of UN-Sanctioned Per- SEC to Congress and the President. Requires verting existing chemical plants to petro- sons: Amends CISADA to ensure that US fi- the President to initiate an investigation leum refineries, and maintaining, upgrading nancial sanctions imposed on UN-designated into the possible imposition of sanctions as or expanding refineries or constructing new entities reach those persons acting on behalf specified, and to make a sanctions deter- refineries. of, at the direction of, or owned or controlled mination within six months. Sec. 301—Identifications and Sanctions on by, the designated entities. Requires the Sec. 220—Reports on, and Authorization of Iran Revolutionary Guard Corps Officials, Treasury Department to revise its regula- Imposition of Sanctions with Respect to, the Agents, and Affiliates: Requires the Presi- tions within 90 days of enactment to imple- Provision of Specialized Financial Messaging dent to identify, and designate for sanctions, ment the change. Services to the Central Bank of Iran and officials, affiliates and agents of the IRGC Sec. 215—Imposition of Sanctions for Other Sanctioned Iranian Financial Institu- within 90 days of enactment, and periodi- Transactions with Persons Sanctioned for tions: States the sense of Congress that spe- cally thereafter; designation requires exclu- Certain Activities Relating to Terrorism or cialized financial messaging services are a sion of such persons from the United States, Proliferation of WMD: Extends CISADA to critical link to the international financial and imposition of sanctions related to WMD impose sanctions on a foreign financial insti- system; requires the Secretary of the Treas- under IEEPA, including freezing their assets tution that facilitates a significant trans- ury to report periodically listing the persons and otherwise isolating them financially. action or transactions or provides significant who provide such services to the Central Also, outlines priorities for investigating services not only to certain designated finan- Bank of Iran and Iranian banks that have certain foreign persons, entities, and trans- cial institutions but also to designated per- been designated for involvement in WMD or actions in assessing connections to the sons whose property or interests in property support for terror, and assessing efforts to IRGC. Requires the President to report on are blocked based on their connection to cut off the direct provision of such services designations and provides for a waiver if Iran’s proliferation of weapons of mass de- to such institutions. Authorizes the imposi- vital to the national security interest of the struction or support of terrorism. tion of sanctions under CISADA or IEEPA on US. Sec. 216—Expansion of Mandatory Sanc- persons continuing to provide such services Sec. 302—Identification and Sanctions on tions with Respect to Financial Institutions to the CBI or such other Iranian institutions, Foreign Persons Supporting IRGC: Subjects that Engage in Certain Activities Relating subject to an exception for persons subject to foreign persons to ISA sanctions if those per- to Iran: Requires the Treasury Secretary to foreign sanctions regimes that require them sons knowingly provide material assistance revise regulations under Section 104 of to cut off services to a substantially similar to, or engage in any significant trans- CISADA to apply rules cutting off access to group of Iranian institutions. action—including barter transactions—with the U.S. financial institutions to foreign fi- Sec. 221—Identification and Immigration officials of the IRGC, its agents or affiliates. nancial institutions knowingly facilitating, Restrictions on Senior Iranian Officials and Requires imposition of similar sanctions participating or assisting in, or acting on be- their Family Members: Requires the identi- against those persons who engage in signifi- half of or as an intermediary, in connection fication of and denial of visa requests to sen- cant transactions with UN-sanctioned per- with financial activities involving des- ior officials, including the Supreme Leader, sons, those acting for or on their behalf, or ignated Iranian banks, whether or not the the President, members of the Assembly of those owned or controlled by them. Provides transactions are directly with those banks.. Experts, senior members of the Intelligence for additional sanctions under IEEPA as the Sec. 217—Continuation of Sanction for the Ministry of Iran, and senior members of the President deems appropriate. Requires the Government of Iran, the Central Bank of IRGC that are involved in nuclear prolifera- President to report on designations and Iran, and Sanctions Evaders: Requires that tion, support international terrorism or the waivers, as applicable. Waiver is available if various sanctions imposed by Executive commission of serious human rights abuses essential to the national security interests Order, including blocking the property of the against citizens of Iran. Also includes their of the US. Government of Iran and Iranian financial in- family members. Provides for Presidential Sec. 303—Identification and Sanctions on stitutions, imposing penalties on foreign waiver if essential to the national interest or Foreign Government Agencies Carrying Out sanction evaders, and blocking the property if necessary to meet our UN obligations; re- Activities or Transactions with Certain Iran- of the CBI, will remain in effect until the quires a report to Congress regarding the use Affiliated Persons: Requires the President, President certifies that Iran and the CBI of such a waiver. within 120 days and every 180 days there- have ceased to support terrorism and Iranian Sec. 222—Sense of Congress and Rule of after, to submit to the appropriate congres- development of WMD. Construction Relating to Certain Authori- sional committees a report that identifies

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Requires imposition of sanc- Iran by amending the National Defense Au- tion, such as denying assistance under the tions as in section 401 against individuals thorization Act to allow for continued pay- Foreign Assistance Act or proscribing cer- and firms found to have engaged in censor- ments related to such commodities. Adjusts tain US loans to the agency involved. ship or curtailment of the rights of freedom date of delivery of EIA reports. Sec. 304—Rule of Construction: Clarifies of expression or assembly of Iran’s citizens. Sec. 504—Expansion of NDAA Sanctions: that sections 301 to 303 sanctions do not Sec. 411—Codification of Sanctions with Amends the NDAA to provide that financial limit the President’s authority to designate Respect to Human Rights Abuses by the Gov- institutions located in countries that have persons for sanction under IEEPA. ernments of Iran and Syria Using Informa- been exempted because they are signifi- Sec. 311—Expansion of US Procurement tion Technology: Codifies Executive Order cantly reducing their reliance on Iranian oil Ban to Foreign Persons who Interact with 13606, Blocking The Property And Sus- may continue to do business with the Cen- the IRGC: Requires certification by prospec- pending Entry into the United States of Cer- tral Bank of Iran only for petroleum trans- tive US government contractors (for con- tain Persons with Respect to Grave Human actions and limited bilateral trade between tract solicitations issued beginning 120 days Rights Abuses by the Governments of Iran Iran and those countries; for the first time from the date of enactment) that neither and Syria Via Information Technology. treats state-owned banks (other than central they nor their subsidiaries have engaged in Sec. 412—Clarification of Sensitive Tech- banks) as subject to the same sanctions rules significant economic transactions with des- nologies for Purposes of Procurement Ban as foreign private banks; provides incentives ignated IRGC officials, agents, or affiliates. under CISADA: Requires the Secretary of for ‘‘significantly reducing’’ countries to re- Waiver is also amended, so that it is avail- State to issue guidelines, within 90 days of duce to zero; clarifies that ‘‘significantly re- able if ‘‘essential to the national security in- the date of enactment, describing tech- ducing’’ includes a reduction in price or vol- terests.’’ Establishes a minimum procure- nologies that may be considered ‘‘sensitive ume toward a complete cessation of crude oil ment ban penalty of two years for violators. technologies’’ for the purposes of Sec. 106 of imports; ties termination date to termi- Sec. 312—Sanctions Determinations on CISADA, with special attention to new tech- nation certification in CISADA. Makes other NIOC and NITC: Amends CISADA to require nologies, determine the types of technology technical corrections. the Secretary of the Treasury to determine that enable Iran’s indigenous capabilities to Sec. 505—Report on Natural Gas Exports and notify Congress whether the National disrupt and monitor information and com- from Iran: Requires the Administrator of the Iranian Oil Company (NIOC) and the Na- munications, and review the guidelines no Energy Information Administration to sub- tional Iranian Tanker Company (NITC) are less than once each year, adding items to the mit a report to Congress and the President agents or affiliates of the IRGC. If found to guidelines as necessary. within 60 days on Iran’s natural gas sector, be IRGC entities, sanctions apply to trans- Sec. 413—Expedited Processing of Human including an assessment of exports of Iranian actions or relevant financial services for the Rights, Humanitarian, and Democracy Aid: natural gas, identification of countries pur- purchase of petroleum or petroleum products Requires the Office of Foreign Assets Control chasing the most Iranian natural gas, assess- from the NIOC or NITC, but only if the (OFAC) of the Treasury Department to es- ment of alternative supplies available to President determines that there exists a suf- tablish a 90-day process to expedite proc- those countries, and assessment of the im- ficient supply of petroleum from countries essing of US Iran-related humanitarian, pact a reduction on exports would have on other than Iran to permit purchasers to sig- human rights and democratization aid by en- global supplies and pricing. Requires the nificantly reduce in volume their purchases tities receiving funds from the State Depart- President to submit a report to Congress within 60 days of receiving the EIA report, from Iran. Provides for an exception to fi- ment; the Broadcasting Board of Governors; and using the information it contains to pro- nancial institutions of a country that is sig- and other federal agencies. Requires the vide analysis and recommendations on the nificantly reducing its purchases of Iranian State Department to conduct a foreign pol- revenues received by Iran from its natural petroleum or petroleum products within icy review within 30 days of request submis- gas exports and whether further steps should specified periods which track those provided sion. Provides for additional time for proc- for in section 1245 of the FY 2012 National be taken to limit such revenues. essing of applications involving certain spec- Sec. 506—Report on Membership of Iran in Defense Authorization Act. ified sensitive goods and technology, and re- International Organizations: Requires the Sec. 401—Sanctions on those Complicit in quests involving extraordinary cir- Human Rights Abuses: States the sense of Secretary of State to submit a report to Con- cumstances. gress listing the international organizations Congress that the Supreme Leader, seniors Sec. 414—Comprehensive Strategy to Pro- of which Iran is a member and detailing the members of the Intelligence Ministry, senior mote Internet Freedom in Iran: Requires the amount the US contributes to each such or- members of the IRGC and paramilitary Administration to devise a comprehensive ganization annually. groups, and other Ministers, are responsible strategy and report to Congress on how best Sec. 507—Sense of Congress on Exportation for directing and controlling serious human to assist Iran’s citizens in freely and safely of Goods, Services, and Technologies for Air- rights abuses against the Iranian people and accessing the Internet, developing counter- craft Produced in the US: States the sense of should be included on the list of persons re- censorship technologies, expanding access to Congress that licenses to export or re-export sponsible for or complicit in those abuses ‘‘surrogate’’ programming including Voice of goods, services, or technologies for aircraft and subject to property blocking and other America’s Persian News Network, and Radio produced in the US should be provided, in CISADA 105 sanctions. Requires a report to FARDA inside Iran, and taking other similar the case of Iran, only in situations where appropriate congressional committees with- measures. such licenses are essential and in a manner in 180 days detailing the involvement of the Sec. 415—Statement of Policy on Political consistent with US laws and foreign policy persons mentioned above in human rights Prisoners: Declares the policy of the US to goals. abuses against the citizens of Iran. expand efforts to identify, assist, and protect Sec. 601—Implementation; Penalties: Pro- Sec. 402—Sanctions on those Transferring prisoners of conscience in Iran, intensify vides the President with the necessary proce- to Iran Certain Goods or Technologies: Im- work to abolish Iranian human rights viola- dural tools to administer the provisions of poses sanctions provided for in CISADA, in- tions, and publicly call for the release of po- the new law, including subpoena and other cluding a visa ban and property blocking/ litical prisoners, as appropriate. enforcement authorities for specified provi- asset freeze, on persons and firms which sup- Sec. 501—Exclusion of Certain Iranian Stu- sions of the bill. ply Iran with equipment and technologies in- dents from the US: Requires the Secretary of Sec. 602—Applicability to Authorized Intel- cluding weapons, rubber bullets, tear gas and State to deny visas and the Secretary of ligence Activities: Provides a general exemp- other riot control equipment, and jamming, Homeland Security to exclude certain Ira- tion for authorized intelligence activities of monitoring and surveillance equipment nian university students who may seek to the U.S. which the President determines are likely to come to the U.S. to study to prepare for Sec. 603—Applicability to Certain Natural be used by Iranian officials to commit work in Iran’s energy sector or in fields re- Gas Projects: Contains special conditions for human rights abuses. Requires the President lated to its nuclear program, including nu- a project outside Iran of substantial impor- to maintain and update lists of such persons clear sciences or nuclear engineering. tance to U.S. national interests and Euro- who commit human rights abuses, submit Sec. 502—Interests in Financial Assets of pean energy security interests and energy updated lists to Congress, and make the un- Iran: Makes certain blocked assets available independence from the Government of the classified portion of those lists public. Re- for execution to satisfy any judgment or Russian Federation. quires the President to report on designa- judgments to the extent of any compen- Sec. 604—Rule of Construction: Provides tions and waivers, as applicable. satory damages against Iran for state-spon- that nothing in this Act shall be construed Sec. 403—Sanctions on those Engaging in sored terrorism, so long as the court deter- as a declaration of war or an authorization Censorship and Repression in Iran: States mines that Iran has an equitable title to or of the use of force against Iran or Syria. the sense of Congress that satellite service beneficial interest in those assets (subject to Sec. 605—Termination: Provides for termi- providers and other entities that directly an exception for certain custodial interests), nation of some provisions of the new law if

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I note can to place as much pressure on the and ballistic missiles and ballistic missile launch technology, and has verifiably dis- that it is already a violation of U.S. Iranian regime as possible to change mantled its WMD. law for U.S. subsidiaries to engage in its behavior, and I am pleased that we Sec. 701—Short Title for Title VII: The sanctionable activity in Iran’s energy have finally closed this loophole in cur- ‘‘Syria Human Rights Accountability Act of sector and certain other activities rent law and put U.S. companies on no- 2012.’’ under U.S. sanctions laws. It is also a tice that they will be held responsible Sec. 702—Sanctions on those Responsible violation of U.S. trade law for a U.S. for the activities of their subsidiaries for Human Rights Abuses of Syria’s Citizens: firm to do business of any kind in Iran with respect to Iran. Requires the President to identify within 90 via a subsidiary that it directs. The Mr. REID. I move to concur in the days, and sanction under IEEPA, officials of House amendment, and I believe the the Syrian government or those acting on balance that has been struck in prior their behalf who are complicit in or respon- law is to focus only on the activity of Senate is ready to act on this motion. sible for the commission of serious human U.S. companies. Foreign subsidiaries The PRESIDING OFFICER. The rights abuses against Syria’s citizens, re- are not, by definition, U.S. companies, question is on agreeing to the motion. gardless of whether the abuses occurred in and your provision takes a major new The motion was agreed to. Mr. REID. I ask unanimous consent Syria. step forward in this area of the law. I that the motion to reconsider be laid Sec. 703—Sanctions on those Transferring agree with you that the way we have to Syria Technologies for Human Rights upon the table with no intervening ac- addressed this issue authorizing for the Abuses: Requires the President to identify tion or debate and that any statements first time penalties on U.S. parents if and sanction persons determined to have en- related to this bill be printed in the their foreign subsidiaries engages in an gaged in the transfer of technologies—in- RECORD. cluding weapons, rubber bullets, tear gas and activity that would be sanctionable if The PRESIDING OFFICER. Without other riot control equipment, and jamming, committed by a U.S. person—is a sound objection, it is so ordered. monitoring and surveillance equipment— and responsible one, and will hopefully which the President determines are likely to Mr. JOHNSON of South Dakota. Hu- shut down this activity once and for manitarian trade, including agricul- be used by Syrian officials to commit human all. rights abuses or restrict the free flow of in- tural commodities, food, medicine and formation in Syria. Provides for exceptions Mr. LAUTENBERG. Does the chair- medical products has long been specifi- where a person has agreed to stop providing man agree that the language in the bill cally exempted by Congress from suc- such technologies, and agreed not to know- currently under consideration would cessive rounds of Iran sanctions legis- ingly provide such technologies in the fu- apply the same penalties that can be lation, as long as such trade is licensed ture. Requires the President to report on imposed on U.S. companies that di- by the Department of the Treasury’s designations and waivers, where applicable, rectly violate the U.S. trade ban to Office of Foreign Assets Control, or and to update the list periodically. those U.S. parent companies whose for- OFAC. Sec. 704—Sanctions on those Engaging in eign subsidiaries are doing business Censorship and Repression in Syria: Requires With the sharp drop in the value of the President to identify and report to Con- with Iran? Iran’s currency, and the worsening eco- gress within 90 days of enactment those per- Mr. JOHNSON of South Dakota. The nomic situation in Iran, it is becoming sons and firms found to have engaged in cen- bill would authorize the imposition of more apparent that U.S. financial sanc- sorship or repression of the rights of freedom similar civil penalties on such U.S. par- tions targeting Iran’s banking sector of expression or assembly of Syria’s citizens, ent companies. are causing increased concern among and impose sanctions under IEEPA on such Mr. LAUTENBERG. Does the chair- U.S. and other businesses, and banks of persons. Requires periodic updating of the man also agree that this language sub- our allies engaged in such trade. list, and public access via the websites of the jects to penalties U.S. parent compa- The fear is that engaging in humani- Departments of State and Treasury. nies if their foreign subsidiaries knew Sec. 705—Waiver: Provides for Presidential tarian trade in the current sanctions national security interest waiver for Syria or should have known that the sub- environment might lead to sanctions provisions; requires a report to Congress on sidiary was directly or indirectly doing for legitimately licensed humanitarian the reasons for the waiver. business with an Iranian entity, even if trade. We must underscore with other Sec. 706—Termination: Provides for termi- it was the case that the parent compa- countries and their banks that humani- nation of the Syria provisions if the Presi- nies were not actually aware of the ac- tarian trade with Iran is not subject to dent certifies that certain conditions are tivity of the subsidiary? sanctions if it is appropriately licensed met. Mr. JOHNSON of South Dakota. I by OFAC. PARENT COMPANIES agree this legislation mandates pen- This has been a concern since the Mr. LAUTENBERG. Mr. President, I alties on a U.S. parent company if its Senate first considered this bill and rise today to engage in a colloquy with foreign subsidiary has knowledge or this concern still remains. It is not and my friend, the distinguished Chairman should have had knowledge that the has not been the intent of U.S. policy of the Senate Committee on Banking, subsidiary was doing prohibited busi- to harm the Iranian people by prohib- Housing, and Urban Affairs, regarding ness with Iran, even if the U.S. parent iting humanitarian trade that is li- HR 1905, the Iran Threat Reduction and company has no knowledge of these censed by the U.S. Treasury Depart- Syria Human Rights Act of 2012. I want transactions. ment, and we should do all we can to to thank the chairman for crafting a Mr. LAUTENBERG. And does the avoid this outcome. OFAC consistently strong sanctions package that includes chairman agree that this requirement issues many licenses, both general and language I authored to close a loophole that the foreign subsidiary knew or specific, for this type of trade. in current law that allows foreign sub- should have known that they were The practical financing difficulties sidiaries of U.S. companies to continue doing business with Iran relates only arising today between banks and those doing business with Iran without im- to the actual business transaction and engaging in licensed humanitarian posing any penalties on their U.S. par- does not require that the subsidiary trade can be best addressed by U.S. ent companies. We must close this had or should have had knowledge of government officials, who should do loophole once and for all, and I am current U.S. sanctions law in order to more to make it clear that no U.S. pleased the Chairman agrees with me. place penalties on the U.S. parent com- sanctions will be imposed against Mr. JOHNSON of South Dakota. I pany? third-country banks that facilitate thank Senator LAUTENBERG for his Mr. JOHNSON of South Dakota. Yes. OFAC-licensed or exempted humani- longstanding leadership on this issue. That is my intent. tarian trade. The Administration must As I have previously noted, it is long Mr. LAUTENBERG. I thank Chair- continue to make this clear in public past time for foreign subsidiaries of man JOHNSON for all of his work on this statements, in private meetings with U.S. companies to end their business in important Iran sanctions package. Iran foreign financial institutions, and else- Iran. That is already happening due to continues to defy numerous United Na- where as appropriate. Misinterpreta- US and international pressure on the tions Security Council resolutions. It tion of U.S. law, among foreign finan- business and financial sectors, and this funds Hamas, Hezbollah, and other ter- cial institutions, should no longer deny

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He was a decorated trooper the Forum, with Dr. Bill Scott and Rev. ship and all of their hard work getting and even received the Trooper of the Chris Fugate officiating. Interment was at this bill completed. Year Award for the Hazard KSP Post. Charlie Maggard Cemetery at Blair, Ken- At a time when Iran continues to In 1981, Maggard left public service and tucky. defy the international community with became director of Blue Diamond f its nuclear weapons program, it is crit- Coal’s security. However, in 1991, he re- REMEMBERING AURORA’S LOSS ical we continue to tighten our sanc- turned to public duty when he accepted tions regime. the position of police chief for the City Mr. LEVIN. Mr. President, as we gain This legislation expands our existing of Hazard. perspective on the recent horrific sanctions on Iran’s energy sector, and His career was highly distinguished shooting in Aurora, CO, our thoughts imposes new sanctions targeting ship- as he earned many different forms of and prayers are with the victims, their ping and insurance. recognition. Chief Maggard was invited families, and on all those who have Iran continues to try to evade exist- to the White House to represent the been impacted by this tragedy. I, like ing sanctions. But this legislation, in Kentucky Chiefs of Police; he also many Americans, have been uplifted by combination with newly announced served on the Kentucky Law Enforce- the many examples of courage and her- measures by the Obama administra- ment Council from 1995 to 2001; in 1997 oism that have emerged from this dark tion, closes loopholes and stops the use he was appointed to the National Law moment. A young woman refusing to of front companies or financial institu- Enforcement and Corrections Tech- leave her injured friend, pulling her out tions to get around international sanc- nology Center Advisory Council; and he of harm’s way. A man giving his life to tions. was president of the Kentucky Associa- shield a loved one. A 19-year-old step- Our current sanctions, and a recent tion of Chiefs of Police from 1999 to ping back into danger to rescue a European Union ban on purchasing Ira- 2000. In 2001, Chief Maggard retired mother and her two young daughters. nian oil, have already had an impact. from the police force and became the These stories and the others that will In spite of the rhetoric coming out of director of the Rural Law Enforcement almost certainly emerge as time goes Iran, the regime is clearly feeling the Technology Center in Hazard. on serve as powerful reminders of the heat. Though a decorated police officer and simple decency that makes our Nation Oil exports are down by 50 percent, public servant, the legacy Chief Rod strong. and the Iranian currency has lost near- Maggard hoped to leave was that of a But as we reflect on these stories, it ly 40 percent of its value. good member of his community. Cur- is also important that we begin to un- Iranian tankers full of oil are crowd- rent Hazard police chief Minor Allen derstand what caused or contributed to ing the waters around Iran, acting as said that Chief Maggard was not just a this heinous act. When the alleged floating storage facilities for oil the mentor but more like a second father shooter burst into the theater, he rogue nation cannot sell. to him. It was his love of Hazard and opened fire on the audience with an Over the past year, I have come to Kentucky that set Maggard apart as a AR–15 assault rifle. The AR–15 is a type the floor many times urging passage of great police chief, and that is the rea- of military-style assault weapon, built this measure. son why Rod will be dearly missed by for no purpose other than combat. Ac- I am pleased we have finally com- those he knew and with whom he cording to the Congressional Research pleted this important work. worked. Service, they were designed in the There is no time to waste, as the Ira- Today, I ask that my colleagues in aftermath of the Second World War to nian regime continues to threaten our the U.S. Senate would join me in hon- give soldiers a weapon suited for the ally Israel and the national security of oring Chief Rod Maggard. I extend my modern battlefield. Such weapons often the United States. most sincere condolences to his wife, use high-capacity ammunition maga- zines, which allow shooters to continu- f Beverly; their daughters, Lesley Buckner, Brandi Townsley, and Vali ously fire rounds without reloading. It MORNING BUSINESS Dye; his sons-in-law; brother; grand- has been reported that the alleged Mr. REID. Mr. President, I ask unan- children; and many more beloved fam- shooter used an oversized drum maga- imous consent that the Senate proceed ily members and friends. The Hazard zine, which reports have indicated to a period of morning business, with Herald, a publication from Hazard, KY, could fire 100 rounds without reloading. Senators allowed to speak for up to 10 published an obituary that highlighted Between 1994 and 2004, a Federal ban minutes. Chief Maggard’s outstanding service to prohibited the purchase of assault The PRESIDING OFFICER. Without Kentucky. Mr. President, I ask unani- weapons. The idea was that if we took objection, it is so ordered. mous consent that said article appear lethal weapons with no sporting pur- f in the RECORD. pose off the streets, it would make our There being no objection, the mate- society safer and protect American REMEMBERING CHIEF ROD lives. Our law enforcement community MAGGARD rial was ordered to be printed in the RECORD, as follows: strongly supported it. And it worked. Mr. MCCONNELL. Mr. President, I After the ban was enacted, Brady Cam- [From the Hazard Herald, June 20, 2012] rise today in memory of former Hazard paign studies observed a 66 percent de- ROD MAGGARD Police Chief Rod Maggard. Chief crease in the number of assault weap- Maggard was a prominent member of Rodney Mitchell Maggard, 68, of Hazard, ons that the Bureau of Alcohol, To- passed away on Wednesday, June 13, at the the Perry County, KY, community, and hospice care center in Hazard. He was the bacco, and Firearms, ATF, traced back he dedicated his life to serving his former director of the Rural Law Enforce- to a crime scene. When assault weap- country, State, and city. ment Technology Center and former chief of ons were taken off the market, our Na- A native of the southeastern Ken- police with the Hazard Police Department. tion became safer. But, unfortunately, tucky region, Chief Maggard was born He was the son of the late Ivory Mitchell Congress allowed the assault weapons on April 9, 1944, to Ivory and Margaret Maggard and the late Margaret McIntosh ban to lapse in 2004, and repeated ef- Maggard. After graduating from Cum- Maggard, and was also preceded in death by forts to reinstate it have been unsuc- berland High School, he attended his brother, James Charles Maggard. cessful. He is survived by his wife, Beverly Southeast Community College. Shortly Maggard; daughters Lesley Buckner and hus- So this past May, when the alleged thereafter, Chief Maggard received his band Jay, Brandi Townsley and husband Jeff, gunman walked into a local gun shop, draft notice for the Vietnam War. Ini- and Vali Dye and husband Kevin; brother he was able to purchase an AR–15 as- tially, he was stationed in Biloxi, MI, Tommy Wayne Maggard; godson Anthony sault rifle. The sale was completely

VerDate Mar 15 2010 04:11 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.108 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5864 CONGRESSIONAL RECORD — SENATE August 1, 2012 legal. Two months later, he used that supported Kristin. Kristin is truly a tirement System is rock-solid. Jack same weapon to open fire on a movie gifted athlete with immense abilities has fought to ensure Iowa has one of theater, filled with innocent people. and talents. Her capacity to push for- the best funded public pension funds in The oversized ammunition magazine ward beyond the challenges provides the United States because he believes allowed him to fire continuously. encouragement to all of us, and we con- strongly in providing workers with tra- Thankfully, the weapon jammed during gratulate her on this, and her many, ditional pensions. I couldn’t agree the attack, and he was forced to switch extraordinary achievements. more. to one of the other three firearms he f And I don’t think there is anyone in had purchased, legally, in the pre- Iowa who has been more persistent and JOHN ‘‘JACK’’ KIBBIE ceding weeks. He killed 12 and injured determined—going back many years— 58. Some were fathers and sons, moth- Mr. HARKIN. Mr. President, I have in championing alternative fuels such ers and daughters. They were all indi- come to the floor today to pay tribute as ethanol, biodiesel, and wind energy. viduals with plans and dreams. Some to a truly exceptional public servant Today, Iowa is the No. 1 biofuels pro- were members of our armed services, and fellow Iowan, Jack Kibbie. Jack is ducer in the United States and that is who had volunteered to fight for our retiring this year after 32 years of pub- in no small measure thanks to Jack country. lic service in the Iowa State Legisla- Kibbie. Mr. President, as elected officials, ture. A decorated war hero before his Mr. President, Jack Kibbie’s retire- our greatest responsibility is to protect time in office, Jack was awarded the ment is a tremendous loss for Iowans. the lives of the American people. A re- Bronze Star for his service as a tank For more than five decades Jack has newal of the Federal ban on assault commander during the Korean war. fought for them and stood up for the weapons would help keep these combat After serving 4 years each in the Iowa values that make this country great. I weapons off our streets and out of our House of Representatives and the Iowa wish him a long and happy retirement neighborhoods. It would prevent them Senate, he left the Senate in 1968 but with his wife Kay and family. from getting into the hands of crimi- returned in 1988 and has served ever f nals who can legally buy them today or since. The longest serving Senate presi- JUSTICE FOR THE BYTYQI FAMILY who can easily secure a straw pur- dent in Iowa’s history, Jack has dedi- chaser to do so. They aren’t used to cated his life to fighting for Iowans and Mr. CARDIN. Mr. President, today is hunt; they are too often used to kill. I all Americans and I am truly proud to the 37th anniversary of the Helsinki urge my colleagues to reinstate the have the opportunity to honor his life’s process. Starting with the signing of Federal ban on assault weapons and to work today. the Helsinki Final Act on August 1, take up and pass legislation like S. 32, Jack has spent much of his time in 1975, this process began as an ongoing the Large Capacity Ammunition Feed- public office supporting Iowa students. conference which helped end the Cold ing Device Act, which would prohibit Known as the ‘‘Father of Iowa’s Com- War and reunite Europe. It has contin- the sale of military-style ammunition munity Colleges,’’ he sponsored the ued as a Vienna-based organization cartridges. We can honor the memory 1965 bill that created Iowa’s commu- that today seeks to resolve regional of those who lost their lives in Aurora nity college system. Later on, Jack conflicts and promote democratic de- in many ways—one would be by passing served on the Iowa Lakes Community velopment and the rule of law through- such legislation. College Board for 17 years and was out the region. While serving in both chambers of f president for 10 of those years. What is most remarkable about all of this work the U.S. Congress, it has been a unique CONGRATULATING KRISTIN is that Jack himself does not have a and rewarding privilege to engage in ARMSTRONG college degree, but he spent his life this diplomatic process and its par- Mr. CRAPO. Mr. President, my col- making sure his fellow Iowans had the liamentary component as a member league Senator JIM RISCH joins me opportunity to attain one. Over the and chairman of the U.S. Helsinki today in congratulating fellow Idahoan years, we have seen the Iowa commu- Commission, with the goal of improv- Kristin Armstrong, who won her second nity college system grow and succeed. ing the lives of everyday people. While consecutive gold medal in the Olympic The statewide community college stu- they may be citizens of other coun- cycling time trial. Kristin’s persever- dent body, which began with a modest tries, promoting their human rights ance and drive is an inspiration. enrollment of 9,000 students, has flour- and fundamental freedoms helps us to In the 2008 Olympics in Beijing, Kris- ished into a system of 15 schools that protect our own. It is, therefore, in our tin, who is a Boise resident and grad- now serve more than 155,000 college national interest to engage in this uate of the University of Idaho, took students and more than 254,000 non- process. home the gold. She returned to racing credit students in every corner of the On this anniversary, however, I do in 2011 after a retirement to give birth State. Together, these students rep- want to focus on three U.S. citizens to her son, Lucas. resent nearly 22 percent of Iowa’s who suffered the ultimate violation of Throughout her racing career, Kris- working population. their human rights when they were tin has demonstrated remarkable dedi- This will forever stand as Jack taken into a field and shot, delib- cation and strength. Despite breaking Kibbie’s great legacy—a living legacy erately murdered, in July 1999 by a spe- her collarbone in the Exergy Tour in that will enrich and empower Iowans cial operations unit under the control Idaho 2 months ago and sustaining far into the future. By 2018, for in- the Interior Ministry in Serbia. They minor injuries from a crash just a few stance, Iowa will add 101,000 jobs re- were brothers: Ylli, Agron and Mehmet days before her London win, Kristin did quiring postsecondary education, ac- Bytyqi. not let these difficulties hold her back. cording to the Georgetown University The Bytyqi brothers were Albanian- She surpassed many skillful competi- Center on Education and the Work- Americans from New York. Earlier in tors to once again achieve the gold force. By this same year, nearly two 1999, they went to Kosovo to fight as medal while also becoming the oldest out of every three jobs in Iowa will re- members of the Kosovo Liberation champion in a road cycling event. quire postsecondary training beyond Army in a conflict which eventually Kristin’s time of 37 minutes and 34.82 high school. At a time when commu- prompted a NATO military interven- seconds for the 18-mile course was nity colleges are needed more than tion designed to stop Serbian leader more than 15 seconds faster than the ever to help the United States regain Slobodan Milosevic and his forces. silver medalist. These are considerable its standing as the Nation with the When the conflict ended, the Bytyqi accomplishments. highest proportion of college graduates brothers assisted ethnic Roma neigh- We join the many Idahoans and in the world, Iowa’s system—thanks to bors of their mother in Kosovo by es- Americans who applaud Kristin’s com- Jack Kibbie’s life’s work—is up to that corting them to the Serbian border. mitment and excellence. We also com- task. Accidently straying into Serbian terri- mend Kristin’s friends and loved ones, Another legacy of Jack Kibbie—often tory, they were arrested and sentenced including her husband, Joe Savola, and overlooked—is his leadership in ensur- to 2 weeks in jail for illegal entry. son, Lucas William Savola, who have ing that the Iowa Public Employee Re- When released from prison, they were

VerDate Mar 15 2010 04:11 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.004 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5865 not freed. Instead, the Bytyqi brothers nized the individuals each year who ergy production on the Hardy Ranch. were transported to an Interior Min- have made substantial contributions to Balancing the ranch’s resources has led istry training camp in eastern Serbia, agriculture in our State. This year I Gene to also be an industry leader in where they were brutally executed and have the honor of presenting this terms of multiple use land manage- buried in a mass grave with 75 other award to Joel with my colleague Sen- ment. ethnic Albanians from Kosovo. Two ator BARRASSO. Mr. President, innovative is a word years later, after the fall of the Joel Bousman is a fourth generation that describes Gene. He has organized Milosevic regime, their bodies were re- rancher and operator of Eastfork Live- his livestock operation to improve pro- covered and repatriated to the United stock in Boulder, WY. Actively in- duction utilizing land management States for burial. volved in the Wyoming Stock Growers through aerial monitoring. As a pilot, Ylli, Agron and Mehmet were never Association, he is admired for his lead- he has been flying planes for 50 years given a fair and public trial, an oppor- ership in the State’s livestock indus- over the Hardy Ranch with the result tunity to defend themselves, or any try. Having served as regional vice being profitable livestock production semblance of due process. Their post- president of the Wyoming Stock Grow- and sustainable grazing. Furthermore, conflict, extrajudicial killing was cold- ers and president of the Green River he has focused on innovation through blooded murder. Valley Cattleman’s Association, Joel is superior genetics to produce quality In the last decade Serbia has made a a determined advocate and defender of livestock. remarkable recovery from the agriculture. Gene is committed to the livestock Milosevic era. I saw this myself last Wyoming ranchers are known nation- industry. He works tirelessly to help year when I visited Belgrade. This wide for their stewardship and Joel his fellow producers. Previously, Gene progress, however, has not sufficiently leads by example with his own oper- served as president of the Wyoming infiltrated the Interior Ministry, af- ation and when grazing on public lands. Wool Growers Association and on fording protection to those who par- In 2003, he was presented with the Wyo- boards for the Wyoming Stock Growers ticipated in the Bytyqi murders and ming Stock Growers Environmental Association. However, his involvement other egregious Milosevic-era crimes. Stewardship Award and was most re- does not stop there. He is still actively Nobody has been held accountable for cently presented with the 2011 Guard- involved in many local, State, and na- the Bytyqi murders. Those in command ian of the Range Award. Bousman’s tional agricultural organizations. Cur- of the camp and the forces operating nomination letter reads, ‘‘He was a pio- rently, Gene serves as the chairman of there have never been charged. neer in initiating grazing monitoring the American Sheep Industry Associa- The same situation applies to the that is conducted jointly by the federal tion’s Predator Management Com- April 1999 murder of prominent jour- land agencies and the grazing permit- mittee. Gene’s dedication and leader- nalist and editor Slavko Curuvija, who tees.’’ To this day, he remains active in ship will help ensure the success of the testified before the Helsinki Commis- promoting joint efforts to improve industry for future generations of sion on the abuses of the Milosevic re- grazing and wildlife habitat on Wyo- agriculturalists. gime just months before. There needs ming’s working lands. As my friend Bryce Reece, executive- to be justice in each of these cases, but Wyoming Agriculture Hall of Fame vice president of the Wyoming Wool together with other unresolved cases Award recipients are also expected to Growers Association, remarked, ‘‘We they symbolize the lack of trans- serve their communities and Joel has need a lot more Gene Hardy’s in this parency and reform in Serbia’s Interior been no exception as the chairman of world.’’ Ministry to this day. Combined with the Sublette County Board of County Mr. President, I ask my colleagues to continued denials of what transpired Commissioners. Joel has not only join me and Senator ENZI in congratu- under Milosevic in the 1990s, including served his community as a commis- lating Gene Hardy, 2012 inductee into the 1995 genocide at Srebrenica in sioner but has regularly come to Wash- the Wyoming Agriculture Hall of neighboring Bosnia, these cases show ington to bring his message before con- Fame. Wyoming lands and livestock that Serbia has not completely put an gressional committees and directly to are better because of his service. ugly era in its past behind it. For that Members. Wyoming Governor Matt f reason, not only does the surviving Mead writes that Joel is, ‘‘a proven Bytyqi family in New York, as well as leader who is well respected in all cir- ADDITIONAL STATEMENTS the friends and family of Slavko cles—from the halls of Congress to the Curuvija, still need to have the satis- Wyoming Capitol and from the REMEMBERING MARY LOUISE faction of justice. The people of Serbia Sublette County Building to a con- RASMUSON need to see justice triumph in their stituent’s kitchen table.’’ country as well. I am proud to have the opportunity ∑ Mr. BEGICH. Mr. President, I wish to I want to thank the U.S. Mission to to recognize Joel’s achievements with recognize the passing of one of Alaska’s the OSCE in Vienna, which under the Senator BARRASSO as a 2012 inductee most endeared philanthropists, Mary leadership of Ambassador Ian Kelly into the Wyoming Agriculture Hall of Louise Rasmuson. Mrs. Rasmuson died continues to move the Helsinki process Fame. Wyoming and its public lands on July 30, 2012, at her home in Anchor- forward, for recently raising the are well served by his lasting and con- age, AK. Mary Louise Rasmuson was a Bytyqi murders and calling for justice. tinuing contributions to our State. beloved Alaska pioneer who saw oppor- I also want to commend the nominee f tunity in every challenge. She was gen- for U.S. Ambassador to Serbia, Michael erous in spirit and deed, and through David Kirby, for responding to my TRIBUTE TO GENE HARDY her family foundation made Alaska a question on the Bytyqi and Curuvija Mr. BARRASSO. Mr. President, dur- much stronger and vibrant state. cases at his Foreign Relations Com- ing Wyoming’s State Fair, Senator Intelligent. Diplomatic. Principled mittee hearing by expressing his com- ENZI and I will have the honor of in- and ethical. Gentle but firm. Mrs. mitment, if confirmed, to make justice ducting Gene Hardy into the Wyoming Rasmuson spent her life breaking bar- in these cases a priority matter. On Agriculture Hall of Fame. riers, challenging conventions, and this anniversary of the Helsinki Final Wyoming ranchers care for the land seeking to improve opportunities for Act, I join their call for justice. because it cares for them and their those around her. f families. The Hardy Ranch tradition She was a trailblazer for women and began in 1920 when Gene’s father home- left her mark across the country and TRIBUTE TO JOEL BOUSMAN steaded in Converse County, WY. By the State of Alaska through her leader- Mr. ENZI. Mr. President, I rise to the 1930s, the Hardy family was pro- ship, philanthropy, and the family speak on behalf of Joel Bousman who ducing both cattle and sheep. Gene foundation that she helped lead with will be inducted into the Wyoming Ag- Hardy is a third generation rancher her late husband Elmer. riculture Hall of Fame later this continuing the family business of Selected from the initial pool of month at the 100th Wyoming State multi-species livestock production. Ad- 30,000 applicants for the new Women’s Fair. Since 1992, Wyoming has recog- ditionally, he balances wildlife and en- Army Corp-WAC she rose quickly

VerDate Mar 15 2010 04:11 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.029 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5866 CONGRESSIONAL RECORD — SENATE August 1, 2012 through the ranks and in 1957 became board of Rasmuson Foundation. She tively impacting the lives of young the fifth commandant of the WAC, a maintained an active voice in the af- people. Judy has devoted countless position she occupied for 6 years, first fairs of the Foundation and regularly hours to advance the critical and ana- appointed by President Eisenhower and attended board meetings until her late lytical skills of those students who she reappointed by President Kennedy. 90s, when she transitioned to an emer- taught, coached, and mentored. Mary Louise led the way for women in itus position. Even in the last years of During her coaching career, Judy has the military. Mrs. Rasmuson’s oral his- her life, Mrs. Rasmuson received brief- been awarded South Dakota Forensic tory of the WAC unit, World War II and ings from Foundation staff on projects Coaches Association Coach of the Year the Korean War is among those re- seeking Foundation support. on numerous occasions and coached her corded by The Library of Congress for Facilities that bear her name include students to multiple State champion- The Veterans History Project. the Elmer and Mary Louise Rasmuson ships in various speech and debate In 1942, as the United States entered Theater at the Smithsonian National events. Her success as a coach was also World War II, Mrs. Rasmuson left her Museum of the American Indian in demonstrated at the national level. job as an assistant principal in a school Washington, DC, the Elmer and Mary She coached policy debate teams to 2nd district near Pittsburgh and became a Louise Rasmuson Center for Rheu- and 3rd place finishes in 2000 at the Na- member of the first class of the new matic Disease at the Benaroya Re- tional Forensics League National WAC. search Institute of Virginia Mason Hos- Speech and Debate Tournament and a As director of the WAC unit, military pital in Seattle, WA, and the Mary 7th place finish earlier this summer at historians credit her with major Louise Rasmuson Pavilion at the Boy the same tournament. achievements including increasing the Scouts of America Camp Gorsuch in Judy’s longstanding involvement in WAC’s strength, insisting on effective- Chugiak, AK. Mary Louise Rasmuson the debate community has been recog- ness in command, working with Con- will be missed by all who knew her, but nized not only by her South Dakota gress to amend laws that deprived her legacy will live forever in the peers, but at a national level as well. In women of service credit and benefits, hearts and minds of Alaskans.∑ 2011, she was admitted to the National and expanding the range of military Forensics League Hall of Fame. Of the f opportunities open to women. thousands of debate coaches who have Mrs. Rasmuson retired in 1962 after 20 TRIBUTE TO SOFIA GUANA been a part of the National Forensics years of military service, during which ∑ Mr. HELLER. Mr. President, I rise League since its inception in 1925, only she received a Legion of Merit award today in celebration of one of Nevada’s 158 individuals have earned this honor. with two oak leaf clusters for her work own, Sofia Guana, on her 100th birth- Judy is one of four South Dakotans to integrating Black women into the day. Her dedication to community have received this honor. In addition, WAC. She was also awarded the Wom- service is commendable, and I am she was recently named the 2012 Na- en’s Army Auxiliary Corps Service proud that she calls Nevada home. tional Forensics League Coach of the Medal, the American Campaign Medal, After Sofia came to Carson City, NV, Year. This award recognizes Judy’s World War II Victory Medal, Occupa- just more than 20 years ago, she dedi- outstanding leadership and commit- tion Medal and National Defense cated her time to investing in the Sil- ment to National Forensic League ac- Medal. At an event honoring her, ver State. Whether it was through tivities. Judy’s receipt of this award former U.S. Secretary of Defense Wil- marks only the second time a South liam Perry said, ‘‘When you hear about working for the University of Nevada’s Cooperative Extension or volunteering Dakotan has received such an honor women seizing new opportunities to since it was first awarded in 1953. serve, remember that they march be- for the local senior citizen’s center, Sofia’s commitment to the betterment During her teaching and coaching ca- hind Colonel Rasmuson.’’ reer, Judy encouraged her students to Mary Louise’s impact can be felt vir- of her State and community is com- never give up on accomplishing their tually everywhere in Alaska, whether mendable. She serves as an example to goals. She promoted outstanding improving the position of families, us all, and I hope that many more will sportsmanship and for years a large founding a world-class museum, en- follow in her footsteps. display in her classroom read, ‘‘What is hancing research in healthcare, and ad- Sofia’s dedication to the betterment popular is not always right, and what vancing understanding of Alaska Na- of others does not stop with her local is right is not always popular.’’ Judy tive cultures on a national stage. Her community of Carson. A devoted moth- exemplified for her students the impor- contributions have reached every cor- er, grandmother, and great-grand- tance of working hard and attaining ner of Alaska, from Ketchikan to mother, she is the lifeblood of her fam- Gambell. ily. success without compromising ethics Mrs. Rasmuson arrived in Alaska in Mr. President, I am proud to call and sense of doing what is right. 1962 after her marriage to Elmer E. Sofia one of Nevada’s own and wish her I join Judy’s family, friends, and stu- Rasmuson, chairman of National Bank a very happy 100th birthday. On behalf dents in recognizing her meritorious of Alaska. Together, they made a for- of the State and the residents of Car- work and extend my sincere thanks midable team influential in the public son City, I thank her for her service and appreciation to Judy for all she and civic agenda in a rapidly devel- and wish her all the best.∑ has done for her students and the State of South Dakota, and wish her the best oping city and State. She quickly f in her retirement.∑ adapted to life in Alaska and became TRIBUTE TO JUDY KROLL active in several community groups. f ∑ One of her most visible impacts on Mr. THUNE. Mr. President, today I MESSAGES FROM THE HOUSE Alaska came from her service as head would like to take this opportunity to At 1:23 p.m., a message from the of the Municipality of Anchorage His- honor Judy Kroll of Volga, SD. House of Representatives, delivered by torical and Fine Arts Commission and Judy Kroll has spent her career serv- Mrs. Cole, one of its reading clerks, an- later as chair of the Anchorage Mu- ing the community of Brookings, SD, nounced that the House has passed the seum Foundation. Her vision, passion in her capacity as an educator, as well following bills, in which it requests the and personal effort led to the creation as the director of the thriving speech concurrence of the Senate: of the Anchorage Museum of Art and and debate program at Brookings High History in 1968. As Mayor of Anchor- School. H.R. 828. An act to amend title 5, United Judy, who retired this summer, States Code, to provide that persons having age, I was proud to be with Mrs. seriously delinquent tax debts shall be ineli- Rasmuson to cut the ribbon on the lat- served as a South Dakota educator for gible for Federal employment. est expansion of the museum, now 37 years, teaching in both Madison and H.R. 3641. An act to establish Pinnacles Na- named the Anchorage Museum at Parkston before starting at Brookings tional Park in the State of California as a Rasmuson Center, a culminating mo- High School in 1980. During her 32 unit of the National Park System, and for ment in her decades-long vision to years as an educator and debate coach other purposes. build a great museum for all Alaskans. in Brookings, she has left an indelible The message further announced that In 1967, Mrs. Rasmuson began what impact on her students, dedicating an the House has passed the following bill, would become 45 years of service on the immeasurable amount of time to posi- without amendment:

VerDate Mar 15 2010 05:10 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.053 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5867 S. 679. An act to reduce the number of ex- EC–7027. A communication from the Acting EC–7035. A communication from the Senior ecutive position subject to Senate confirma- Director, Office of Sustainable Fisheries, De- Program Analyst, Federal Aviation Adminis- tion. partment of Commerce, transmitting, pursu- tration, Department of Transportation, The message also announced that the ant to law, the report of a rule entitled transmitting, pursuant to law, the report of ‘‘Fisheries of the Exclusive Economic Zone House agrees to the amendments of the a rule entitled ‘‘Amendment of Class D Air- Off Alaska; Pacific Cod by Vessels Using Jig space; Pontiac, MI’’ ((RIN2120–AA66) (Docket Senate to the bill (H.R. 1627) to amend Gear in the Central Regulatory Area of the No. FAA–2011–1142)) received during adjourn- title 38, United States Code, to provide Gulf of Alaska’’ (RIN0648–XC079) received in ment of the Senate in the Office of the Presi- for certain requirement for the place- the Office of the President of the Senate on dent of the Senate on July 20, 2012; to the ment of monuments in Arlington Na- July 18, 2012; to the Committee on Com- Committee on Commerce, Science, and tional Cemetery, and for other pur- merce, Science, and Transportation. Transportation. poses. EC–7028. A communication from the Acting EC–7036. A communication from the Senior Director, Office of Sustainable Fisheries, De- Program Analyst, Federal Aviation Adminis- partment of Commerce, transmitting, pursu- tration, Department of Transportation, At 5:23 p.m., a message from the ant to law, the report of a rule entitled House of Representatives, delivered by transmitting, pursuant to law, the report of ‘‘Fisheries of the Exclusive Economic Zone a rule entitled ‘‘Amendment of Class D and Mrs. Cole, one of its reading clerks, an- Off Alaska; ‘Other Rockfish’ in the Western Class E Airspace; Lakehurst, NJ’’ ((RIN2120– nounced that the House has agreed to Regulatory Area of the Gulf of Alaska’’ AA66) (Docket No. FAA–2012–0456)) received the following concurrent resolution, (RIN0648–XC087) received in the Office of the during adjournment of the Senate in the Of- without amendment: President of the Senate on July 18, 2012; to fice of the President of the Senate on July the Committee on Commerce, Science, and S. Con. Res. 55. Concurrent resolution di- 20, 2012; to the Committee on Commerce, Transportation. recting the Clerk of the House of Representa- Science, and Transportation. EC–7029. A communication from the Sec- EC–7037. A communication from the Senior tives to make a correction in the enrollment retary of the Commission, Bureau of Con- of H.R. 1627. Program Analyst, Federal Aviation Adminis- sumer Protection Division of Marketing tration, Department of Transportation, ENROLLED BILLS SIGNED Practices, Federal Trade Commission, trans- transmitting, pursuant to law, the report of The message further announced that mitting, pursuant to law, the report of a rule a rule entitled ‘‘Revocation and Modification the Speaker has signed the following entitled ‘‘Disclosure Requirements and Pro- of Multiple Domestic, Alaskan, and Hawai- enrolled bills: hibitions Concerning Franchising’’ (RIN3084– ian Compulsory Reporting Points’’ AA63) received in the Office of the President S. 679. An Act to reduce the number of ex- ((RIN2120–AA66) (Docket No. FAA–2012–0129)) of the Senate on July 18, 2012; to the Com- received in the Office of the President of the ecutive positions subject to Senate con- mittee on Commerce, Science, and Transpor- firmation. Senate on July 24, 2012; to the Committee on tation. Commerce, Science, and Transportation. S. 1959. An Act to require a report on the EC–7030. A communication from the Senior designation of the Haqqani Network as a for- EC–7038. A communication from the Senior Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- eign terrorist organization and for other pur- tration, Department of Transportation, poses. tration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E At 6:54 p.m., a message from the a rule entitled ‘‘Removal of the Part 67 Re- Airspace; Eureka, NV’’ ((RIN2120–AA66) quirement for Individuals Granted the Spe- (Docket No. FAA–2011–1333)) received during House of Representatives, delivered by cial Issuance of a Medical Certificate to adjournment of the Senate in the Office of Mr. Novotny, one of its reading clerks, Carry Their Letter of Authorization While the President of the Senate on July 20, 2012; announced that the House agrees to Exercising Pilot Privileges; Confirmation of to the Committee on Commerce, Science, the amendment of the Senate to the Effective Date’’ ((RIN2120–AK00) (Docket No. and Transportation. bill (H.R. 1905) to strengthen Iran sanc- EC–7031. A communication from the Senior FAA–2012–0056)) received during adjournment tions laws for the purpose of compel- Program Analyst, Federal Aviation Adminis- of the Senate in the Office of the President ling Iran to abandon its pursuit of nu- tration, Department of Transportation, of the Senate on July 20, 2012; to the Com- clear weapons and other threatening transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Amendment of Class E Air- tation. activities, and for other purposes, with EC–7039. A communication from the Senior an amendment. space; Livingston, MT’’ ((RIN2120–AA66) (Docket No. FAA–2012–0139)) received during Program Analyst, Federal Administration, f adjournment of the Senate in the Office of Department of Transportation, transmitting, pursuant to law, the report of a rule entitled MEASURES REFERRED the President of the Senate on July 20, 2012; to the Committee on Commerce, Science, ‘‘Flightcrew Member Duty and Rest Require- The following bill was read the first and Transportation. ments; OMB Approval of Information Collec- and the second times by unanimous EC–7032. A communication from the Senior tion’’ ((RIN2120–AJ58) (Docket No. FAA–2009– consent, and referred as indicated: Program Analyst, Federal Aviation Adminis- 1093)) received during adjournment of the tration, Department of Transportation, Senate in the Office of the President of the H.R. 828. An act to amend title 5, United Senate on July 20, 2012; to the Committee on States Code, to provide that persons having transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Air- Commerce, Science, and Transportation. seriously delinquent tax debts shall be ineli- EC–7040. A communication from the Dep- gible for Federal employment; to the Com- space; Memphis, TN’’ ((RIN2120–AA66) (Dock- et No. FAA–2011–1211)) received during ad- uty Assistant General Counsel, Office of the mittee on Homeland Security and Govern- Secretary, Department of Transportation, mental Affairs. journment of the Senate in the Office of the President of the Senate on July 20, 2012; to transmitting, pursuant to law, the report of f the Committee on Commerce, Science, and a rule entitled ‘‘Airport Concessions Dis- advantaged Business Enterprise: Program EXECUTIVE AND OTHER Transportation. EC–7033. A communication from the Senior Improvements’’ (RIN2105–AE10) received dur- COMMUNICATIONS Program Analyst, Federal Aviation Adminis- ing adjournment of the Senate in the Office The following communications were tration, Department of Transportation, of the President of the Senate on July 20, laid before the Senate, together with transmitting, pursuant to law, the report of 2012; to the Committee on Commerce, accompanying papers, reports, and doc- a rule entitled ‘‘Revocation of Class D Air- Science, and Transportation. EC–7041. A communication from the Senior uments, and were referred as indicated: space; Andalusia, AL and Amendment of Class E Airspace; Fort Rucker, AL’’ Program Analyst, Federal Aviation Adminis- EC–7025. A communication from the Sec- ((RIN2120–AA66) (Docket No. FAA–2011–1457)) tration, Department of Transportation, retary of Transportation, transmitting, pur- received during adjournment of the Senate transmitting, pursuant to law, the report of suant to law, the Department’s 2012 report to in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; Congress on the Transportation Infrastruc- on July 20, 2012; to the Committee on Com- Alpha Aviation Concept Limited (Type Cer- ture Finance and Innovation Act of 1998; to merce, Science, and Transportation. tificate Previously Held by Alpha Aviation the Committee on Commerce, Science, and EC–7034. A communication from the Senior Design Limited) Airplanes’’ ((RIN2120–AA64) Transportation. Program Analyst, Federal Aviation Adminis- (Docket No. FAA–2012–0279)) received during EC–7026. A communication from the Attor- tration, Department of Transportation, adjournment of the Senate in the Office of ney—Advisor, Office of the General Counsel, transmitting, pursuant to law, the report of the President of the Senate on July 20, 2012; Department of Transportation, transmitting, a rule entitled ‘‘Amendment of Class E Air- to the Committee on Commerce, Science, pursuant to law, a report relative to a va- space; Woodland, CA’’ ((RIN2120–AA66) and Transportation. cancy in the position of Under Secretary of (Docket No. FAA–2012–0345)) received during EC–7042. A communication from the Senior Transportation for Policy, received in the adjournment of the Senate in the Office of Program Analyst, Federal Aviation Adminis- Office of the President of the Senate on July the President of the Senate on July 20, 2012; tration, Department of Transportation, 18, 2012; to the Committee on Commerce, to the Committee on Commerce, Science, transmitting, pursuant to law, the report of Science, and Transportation. and Transportation. a rule entitled ‘‘Airworthiness Directives;

VerDate Mar 15 2010 05:10 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.015 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5868 CONGRESSIONAL RECORD — SENATE August 1, 2012 Aeronautical Accessories, Inc., High Landing transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- Gear Aft Crosstube Assembly’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; tation. AA64) (Docket No. FAA–2012–0083)) received Fokker Services B.V. Airplanes’’ ((RIN2120– EC–7058. A communication from the Senior during adjournment of the Senate in the Of- AA64) (Docket No. FAA–2012–0300)) received Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July during adjournment of the Senate in the Of- tration, Department of Transportation, 20, 2012; to the Committee on Commerce, fice of the President of the Senate on July transmitting, pursuant to law, the report of Science, and Transportation. 20, 2012; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; EC–7043. A communication from the Senior Science, and Transportation. AGUSTA S.p.A. Helicopters’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- EC–7051. A communication from the Senior AA64) (Docket No. FAA–2012–0600)) received tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of tration, Department of Transportation, fice of the President of the Senate on July a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of 20, 2012; to the Committee on Commerce, Fokker Services B.V. Airplanes’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. AA64) (Docket No. FAA–2012–0039)) received Airbus Airplanes’’ ((RIN2120–AA64) (Docket EC–7059. A communication from the Senior during adjournment of the Senate in the Of- No. FAA–2011–1170)) received during adjourn- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July ment of the Senate in the Office of the Presi- tration, Department of Transportation, 20, 2012; to the Committee on Commerce, dent of the Senate on July 20, 2012; to the transmitting, pursuant to law, the report of Science, and Transportation. Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives; EC–7044. A communication from the Senior Transportation. Bell Helicopter Textron Canada, Limited, Program Analyst, Federal Aviation Adminis- EC–7052. A communication from the Senior Helicopters’’ ((RIN2120–AA64) (Docket No. tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- FAA–2012–0087)) received during adjournment transmitting, pursuant to law, the report of tration, Department of Transportation, of the Senate in the Office of the President a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of of the Senate on July 20, 2012; to the Com- Agusta S.p.A. Helicopters’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- (Docket No. FAA–2012–0013)) received during Rolls-Royce plc Turbofan Engines’’ tation. adjournment of the Senate in the Office of ((RIN2120–AA64) (Docket No. FAA–2012–0418)) EC–7060. A communication from the Senior the President of the Senate on July 20, 2012; received during adjournment of the Senate Program Analyst, Federal Aviation Adminis- to the Committee on Commerce, Science, in the Office of the President of the Senate tration, Department of Transportation, and Transportation. on July 20, 2012; to the Committee on Com- transmitting, pursuant to law, the report of EC–7045. A communication from the Senior merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- EC–7053. A communication from the Senior Airbus Airplanes’’ ((RIN2120–AA64) (Docket tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- No. FAA–2012–0152)) received during adjourn- transmitting, pursuant to law, the report of tration, Department of Transportation, ment of the Senate in the Office of the Presi- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of dent of the Senate on July 20, 2012; to the Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; Committee on Commerce, Science, and (Docket No. FAA–2012–0298)) received during Hartzell Engine Technologies Transportation. EC–7061. A communication from the Senior adjournment of the Senate in the Office of Turbochargers’’ ((RIN2120–AA64) (Docket No. Program Analyst, Federal Aviation Adminis- the President of the Senate on July 20, 2012; FAA–2012–0565)) received during adjournment tration, Department of Transportation, to the Committee on Commerce, Science, of the Senate in the Office of the President transmitting, pursuant to law, the report of and Transportation. of the Senate on July 20, 2012; to the Com- a rule entitled ‘‘Airworthiness Directives; EC–7046. A communication from the Senior mittee on Commerce, Science, and Transpor- Airbus Airplanes’’ ((RIN2120–AA64) (Docket Program Analyst, Federal Aviation Adminis- tation. No. FAA–2012–0040)) received during adjourn- tration, Department of Transportation, EC–7054. A communication from the Senior ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- dent of the Senate on July 20, 2012; to the a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, Committee on Commerce, Science, and BAE SYSTEMS (OPERATIONS) LIMITED transmitting, pursuant to law, the report of Transportation. Airplanes’’ ((RIN2120–AA64) (Docket No. a rule entitled ‘‘Airworthiness Directives; EC–7062. A communication from the Senior FAA–2012–0106)) received during adjournment WACO Classic Aircraft Corporation Air- Program Analyst, Federal Aviation Adminis- of the Senate in the Office of the President planes’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, of the Senate on July 20, 2012; to the Com- 2012–0578)) received during adjournment of transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- the Senate in the Office of the President of a rule entitled ‘‘Airworthiness Directives; tation. the Senate on July 20, 2012; to the Com- Eurocopter Deutschland GmbH Helicopters’’ EC–7047. A communication from the Senior mittee on Commerce, Science, and Transpor- ((RIN2120–AA64) (Docket No. FAA–2012–0659)) Program Analyst, Federal Aviation Adminis- tation. received during adjournment of the Senate tration, Department of Transportation, EC–7055. A communication from the Senior in the Office of the President of the Senate transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- on July 20, 2012; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, merce, Science, and Transportation. Dassault Aviation Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of EC–7063. A communication from the Senior AA64) (Docket No. FAA–2012–0265)) received a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- during adjournment of the Senate in the Of- Continental Motors, Inc. (CMI) Recipro- tration, Department of Transportation, fice of the President of the Senate on July cating Engines’’ ((RIN2120–AA64) (Docket No. transmitting, pursuant to law, the report of 20, 2012; to the Committee on Commerce, FAA–2011–1341)) received during adjournment a rule entitled ‘‘Airworthiness Directives; Science, and Transportation. of the Senate in the Office of the President The Boeing Company Airplanes’’ ((RIN2120– EC–7048. A communication from the Senior of the Senate on July 20, 2012; to the Com- AA64) (Docket No. FAA–2011–0645)) received Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- during adjournment of the Senate in the Of- tration, Department of Transportation, tation. fice of the President of the Senate on July transmitting, pursuant to law, the report of EC–7056. A communication from the Senior 20, 2012; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- Science, and Transportation. Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) tration, Department of Transportation, EC–7064. A communication from the Senior (Docket No. FAA–2012–0034)) received during transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- adjournment of the Senate in the Office of a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, the President of the Senate on July 20, 2012; Empresa Brasileria de Aeronautica S.A. transmitting, pursuant to law, the report of to the Committee on Commerce, Science, (EMBRAER) Airplanes’’ ((RIN2120–AA64) a rule entitled ‘‘Airworthiness Directives; and Transportation. (Docket No. FAA–2012–0441)) received during The Boeing Company Airplanes’’ ((RIN2120– EC–7049. A communication from the Senior adjournment of the Senate in the Office of AA64) (Docket No. FAA–2011–0719)) received Program Analyst, Federal Aviation Adminis- the President of the Senate on July 20, 2012; during adjournment of the Senate in the Of- tration, Department of Transportation, to the Committee on Commerce, Science, fice of the President of the Senate on July transmitting, pursuant to law, the report of and Transportation. 20, 2012; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives; EC–7057. A communication from the Senior Science, and Transportation. Saab AB, Saab Aerosystems Airplanes’’ Program Analyst, Federal Aviation Adminis- EC–7065. A communication from the Senior ((RIN2120–AA64) (Docket No. FAA–2012–0330)) tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- received during adjournment of the Senate transmitting, pursuant to law, the report of tration, Department of Transportation, in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of on July 20, 2012; to the Committee on Com- Enstrom Helicopter Corporation Heli- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. copters’’ ((RIN2120–AA64) (Docket No. FAA– The Boeing Company Airplanes’’ ((RIN2120– EC–7050. A communication from the Senior 2012–0562)) received during adjournment of AA64) (Docket No. FAA–2012–0673)) received Program Analyst, Federal Aviation Adminis- the Senate in the Office of the President of during adjournment of the Senate in the Of- tration, Department of Transportation, the Senate on July 20, 2012; to the Com- fice of the President of the Senate on July

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.022 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5869 20, 2012; to the Committee on Commerce, the Senate on July 20, 2012; to the Com- EC–7082. A communication from the Dep- Science, and Transportation. mittee on Commerce, Science, and Transpor- uty Bureau Chief, Wireline Competition Bu- EC–7066. A communication from the Senior tation. reau, Federal Communications Commission, Program Analyst, Federal Aviation Adminis- EC–7074. A communication from the Senior transmitting, pursuant to law, the report of tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Rural Health Care Support transmitting, pursuant to law, the report of tration, Department of Transportation, Mechanism’’ ((RIN3060–AF85) (FCC 12–74)) re- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of ceived in the Office of the President of the The Boeing Company Airplanes’’ ((RIN2120– a rule entitled ‘‘Part 95 Instrument Flight Senate on July 25, 2012; to the Committee on AA64) (Docket No. FAA–2011–1257)) received Rules (4); Amdt. No. 501’’ (RIN2120–AA63) re- Commerce, Science, and Transportation. during adjournment of the Senate in the Of- ceived in the Office of the President of the EC–7083. A communication from the Dep- fice of the President of the Senate on July Senate on July 24, 2012; to the Committee on uty Division Chief of the Policy Division, 20, 2012; to the Committee on Commerce, Commerce, Science, and Transportation. International Bureau, Federal Communica- Science, and Transportation. EC–7075. A communication from the Senior tions Commission, transmitting, pursuant to EC–7067. A communication from the Senior Program Analyst, Federal Aviation Adminis- law, the report of a rule entitled ‘‘Procedures Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, to Govern the Use of Satellite Earth Sta- tration, Department of Transportation, transmitting, pursuant to law, the report of tions on Board Vessels in the 5925–6425 MHz/ transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- 3700–4200 MHz Bands and 14.0–14.5 GHz/11.7– a rule entitled ‘‘Airworthiness Directives; proach Procedures; Miscellaneous Amend- 12.2 GHz Bands’’ ((IB Docket No. 02–10) (FCC The Boeing Company Airplanes’’ ((RIN2120– ments (109); Amdt. No. 3484’’ (RIN2120–AA65) 12–79)) received in the Office of the President AA64) (Docket No. FAA–2011–0991)) received received during adjournment of the Senate of the Senate on July 30, 2012; to the Com- during adjournment of the Senate in the Of- in the Office of the President of the Senate mittee on Commerce, Science, and Transpor- fice of the President of the Senate on July on July 20, 2012; to the Committee on Com- tation. 20, 2012; to the Committee on Commerce, merce, Science, and Transportation. EC–7084. A communication from the Acting Science, and Transportation. EC–7076. A communication from the Senior Congressional Review Coordinator, Animal EC–7068. A communication from the Senior Program Analyst, Federal Aviation Adminis- and Plant Health Inspection Service, Depart- Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, ment of Agriculture, transmitting, pursuant tration, Department of Transportation, transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Infor- transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- mation from Foreign Regions Applying for a rule entitled ‘‘Airworthiness Directives; proach Procedures; Miscellaneous Amend- Recognition of Animal Health Status’’ The Boeing Company Airplanes’’ ((RIN2120– ments (97); Amdt. No. 3482’’ (RIN2120–AA65) ((RIN0579–AD30) (Docket No. APHIS–2007– received during adjournment of the Senate AA64) (Docket No. FAA–2011–1415)) received 0158)) received in the Office of the President in the Office of the President of the Senate during adjournment of the Senate in the Of- of the Senate on July 31, 2012; to the Com- on July 20, 2012; to the Committee on Com- fice of the President of the Senate on July mittee on Agriculture, Nutrition, and For- 20, 2012; to the Committee on Commerce, merce, Science, and Transportation. EC–7077. A communication from the Senior estry. Science, and Transportation. EC–7085. A communication from the Dep- Program Analyst, Federal Aviation Adminis- EC–7069. A communication from the Senior uty Secretary of Defense, transmitting, pur- tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- suant to law, a report relative to providing transmitting, pursuant to law, the report of tration, Department of Transportation, certain support aid to the Government of Uz- a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of bekistan; to the Committee on Armed Serv- proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Airworthiness Directives; ices. ments (97); Amdt. No. 3483’’ (RIN2120–AA65) The Boeing Company Airplanes’’ ((RIN2120– EC–7086. A communication from the Direc- received during adjournment of the Senate AA64) (Docket No. FAA–2011–1412)) received tor of Defense Procurement and Acquisition in the Office of the President of the Senate during adjournment of the Senate in the Of- Policy, Department of Defense, transmit- on July 20, 2012; to the Committee on Com- fice of the President of the Senate on July ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. 20, 2012; to the Committee on Commerce, EC–7078. A communication from the Senior titled ‘‘Defense Federal Acquisition Regula- Science, and Transportation. Program Analyst, Federal Aviation Adminis- tion Supplement; DoD Voucher Processing’’ EC–7070. A communication from the Senior tration, Department of Transportation, ((RIN0750–AH52) (DFARS Case 2011–D054)) re- Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of ceived during adjournment of the Senate in tration, Department of Transportation, a rule entitled ‘‘Standard Instrument Ap- the Office of the President of the Senate on transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- July 27, 2012; to the Committee on Armed a rule entitled ‘‘Airworthiness Directives; ments (33); Amdt. No. 3485’’ (RIN2120–AA65) Services. The Boeing Company Airplanes’’ ((RIN2120– received in the Office of the President of the EC–7087. A communication from the Assist- AA64) (Docket No. FAA–2011–1254)) received Senate on July 24, 2012; to the Committee on ant Secretary of Defense (Global Strategic during adjournment of the Senate in the Of- Commerce, Science, and Transportation. Affairs), transmitting, pursuant to law, a re- fice of the President of the Senate on July EC–7079. A communication from the Senior port entitled ‘‘Report on the National Acad- 20, 2012; to the Committee on Commerce, Program Analyst, Federal Aviation Adminis- emy of Sciences Assessment and Report on Science, and Transportation. tration, Department of Transportation, Metrics of the Cooperative Threat Reduction EC–7071. A communication from the Senior transmitting, pursuant to law, the report of Program″; to the Committee on Armed Serv- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Standard Instrument Ap- ices. tration, Department of Transportation, proach Procedures; Miscellaneous Amend- EC–7088. A communication from the Direc- transmitting, pursuant to law, the report of ments (110); Amdt. No. 3486’’ (RIN2120–AA65) tor of Congressional Affairs, Nuclear Regu- a rule entitled ‘‘Airworthiness Directives; received in the Office of the President of the latory Commission, transmitting, pursuant The Boeing Company Airplanes’’ ((RIN2120– Senate on July 24, 2012; to the Committee on to law, the report of a rule entitled ‘‘Amend- AA64) (Docket No. FAA–2011–1255)) received Commerce, Science, and Transportation. ments to Adjudicatory Process Rules and Re- during adjournment of the Senate in the Of- EC–7080. A communication from the Dep- lated Requirements: 10 CFR Parts 2, 12, 51, fice of the President of the Senate on July uty Bureau Chief, Consumer and Govern- 54, and 61’’ ((RIN3150–AI43) (NRC–2008–0415)) 20, 2012; to the Committee on Commerce, mental Affairs Bureau, Federal Communica- received in the Office of the President of the Science, and Transportation. tions Commission, transmitting, pursuant to Senate on July 30, 2012; to the Committee on EC–7072. A communication from the Senior law, the report of a rule entitled ‘‘Misuse of Environment and Public Works. Program Analyst, Federal Aviation Adminis- Internet Protocol (IP) Relay Service; Tele- EC–7089. A communication from the Pro- tration, Department of Transportation, communications Relay Services and Speech- gram Manager, Centers for Medicare and transmitting, pursuant to law, the report of to-Speech Services for Individuals with Medicaid Services, Department of Health a rule entitled ‘‘Airworthiness Directives; Hearing and Speech Disabilities’’ ((CG Dock- and Human Services, transmitting, pursuant The Boeing Company Airplanes’’ ((RIN2120– et Nos. 12–38 and 03–123) (FCC 12–71)) received to law, the report of a rule entitled ‘‘Patient AA64) (Docket No. FAA–2010–1115)) received in the Office of the President of the Senate Protection and Affordable Care Act; Data during adjournment of the Senate in the Of- on July 19, 2012; to the Committee on Com- Collection to Support Standards Related to fice of the President of the Senate on July merce, Science, and Transportation. Essential Health Benefits; Recognition of 20, 2012; to the Committee on Commerce, EC–7081. A communication from the Chief Entities for the Accreditation of Qualified Science, and Transportation. of the Policy and Rules Division, Office of Health Plans’’ (RIN0938–AR36) received dur- EC–7073. A communication from the Senior Engineering, Federal Communications Com- ing adjournment of the Senate in the Office Program Analyst, Federal Aviation Adminis- mission, transmitting, pursuant to law, the of the President of the Senate on July 20, tration, Department of Transportation, report of a rule entitled ‘‘Section 2.925 and 2012; to the Committee on Finance. transmitting, pursuant to law, the report of 2.926 of the Rules Regarding Grantee Codes EC–7090. A communication from the Chief a rule entitled ‘‘Establishment of Area Navi- for Certified Radiofrequency Equipment’’ of the Publications and Regulations Branch, gation (RNAV) Routes; Southwestern United (FCC 12–60) received in the Office of the Internal Revenue Service, Department of the States’’ ((RIN2120–AA66) (Docket No. FAA– President of the Senate on July 25, 2012; to Treasury, transmitting, pursuant to law, the 2012–0286)) received during adjournment of the Committee on Commerce, Science, and report of a rule entitled ‘‘Third Party Payer the Senate in the Office of the President of Transportation. Issues and Reporting Agent, Revisions to

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.024 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5870 CONGRESSIONAL RECORD — SENATE August 1, 2012 Rev. Proc. 2007–38’’ (Rev. Proc. 2012–32) re- tations Provisions for Office Disciplinary Committee on Health, Education, Labor, and ceived in the Office of the President of the Proceedings’’ (RIN0651–AC76) received in the Pensions. Senate on July 31, 2012; to the Committee on Office of the President of the Senate on July By Mr. INHOFE: Finance. 30, 2012; to the Committee on the Judiciary. S. 3473. A bill to replace automatic spend- EC–7091. A communication from the Chief f ing cuts with targeted reforms, and for other of the Publications and Regulations Branch, purposes; to the Committee on Finance. Internal Revenue Service, Department of the REPORTS OF COMMITTEES By Mr. MERKLEY (for himself, Ms. MI- Treasury, transmitting, pursuant to law, the KULSKI, and Mr. HARKIN): report of a rule entitled ‘‘Revisions to Rev. The following reports of committees S. 3474. A bill to provide consumer protec- Proc. 98–32’’ (Rev. Proc. 2012–33) received in were submitted: tion for students; to the Committee on the Office of the President of the Senate on By Mr. AKAKA, from the Committee on Health, Education, Labor, and Pensions. July 31, 2012; to the Committee on Finance. Indian Affairs, without amendment: By Ms. LANDRIEU: EC–7092. A communication from the Chief H.R. 1272. A bill to provide for the use and S. 3475. A bill to increase the participation of the Publications and Regulations Branch, distribution of the funds awarded to the Min- of historically underrepresented demo- Internal Revenue Service, Department of the nesota Chippewa Tribe, et al, by the United graphic groups in science, technology, engi- Treasury, transmitting, pursuant to law, the States Court of Federal Claims in Docket neering, and mathematics education and in- report of a rule entitled ‘‘2012 Section 43 In- Numbers 19 and 188, and for other purposes. dustry; to the Committee on Health, Edu- flation Adjustment’’ (Notice 2012–49) received By Mrs. BOXER, from the Committee on cation, Labor, and Pensions. in the Office of the President of the Senate Environment and Public Works, without By Mrs. MURRAY (for herself, Mr. on July 31, 2012; to the Committee on Fi- amendment: FRANKEN, and Mr. KERRY): nance. S. 3370. A bill to authorize the Adminis- S. 3476. A bill to amend the Child Care and EC–7093. A communication from the Chief trator of General Services to convey a parcel Development Block Grant Act of 1990 to en- of the Publications and Regulations Branch, of real property in Albuquerque, New Mex- sure access to high—quality child care for Internal Revenue Service, Department of the ico, to the Amy Biehl High School Founda- homeless children and families, and for other Treasury, transmitting, pursuant to law, the tion. purposes; to the Committee on Health, Edu- report of a rule entitled ‘‘2012 Marginal Pro- f cation, Labor, and Pensions. duction Rates’’ (Notice 2012–50) received in By Mrs. BOXER (for herself, Mrs. the Office of the President of the Senate on INTRODUCTION OF BILLS AND HUTCHISON, Mr. CASEY, Ms. SNOWE, July 31, 2012; to the Committee on Finance. JOINT RESOLUTIONS Mrs. SHAHEEN, Mrs. GILLIBRAND, and EC–7094. A communication from the Assist- Mr. BROWN of Massachusetts): ant Secretary, Bureau of Political-Military The following bills and joint resolu- S. 3477. A bill to ensure that the United Affairs, Department of State, transmitting, tions were introduced, read the first States promotes women’s meaningful inclu- pursuant to law, an addendum to a certifi- and second times by unanimous con- sion and participation in mediation and ne- cation, transmittal number: DDTC 12–089, of sent, and referred as indicated: gotiation processes undertaken in order to the proposed sale or export of defense arti- By Mr. KERRY: prevent, mitigate, or resolve violent conflict cles and/or defense services to a Middle East S. 3465. A bill to amend the Older Ameri- and implements the United States National country regarding any possible effects such a cans Act of 1965 to define care coordination, Action Plan on Women, Peace, and Security; sale might have relating to Israel’s Quali- include care coordination as a fully restora- to the Committee on Foreign Relations. tative Military Edge over military threats to tive service, and detail the care coordination By Ms. LANDRIEU (for herself, Mr. Israel; to the Committee on Foreign Rela- functions of the Assistant Secretary, and for GRASSLEY, Mr. BEGICH, Mr. BLUNT, tions. Mrs. BOXER, Mr. FRANKEN, and Ms. EC–7095. A communication from the Assist- other purposes; to the Committee on Health, Education, Labor, and Pensions. KLOBUCHAR): ant Secretary, Legislative Affairs, Depart- S. 3478. A bill to amend the Family Edu- ment of State, transmitting, pursuant to By Mr. MENENDEZ: S. 3466. A bill to amend the Internal Rev- cational Rights and Privacy Act of 1974 to law, a report entitled ‘‘Country Reports on provide improvements to such Act; to the Terrorism 2011″; to the Committee on For- enue Code of 1986 to provide a credit for em- ployer-provided job training, and for other Committee on Health, Education, Labor, and eign Relations. Pensions. EC–7096. A communication from the Rail- purposes; to the Committee on Finance. By Mr. PRYOR (for himself, Mr. road Retirement Board, transmitting, pursu- By Mr. JOHANNS: BLUNT, Mr. BROWN of Ohio, Ms. ant to law, a report entitled ‘‘Railroad Un- S. 3467. A bill to establish a moratorium on SNOWE, Mr. WYDEN, and Mr. WARNER): employment Insurance System’’; to the Com- aerial surveillance conducted by the Admin- S. 3479. A bill to strengthen manufacturing mittee on Health, Education, Labor, and istrator of the Environmental Protection in the United States through improved train- Pensions. Agency; to the Committee on Environment ing, retention, and recruitment of workers, EC–7097. A joint communication from the and Public Works. to deter evasion of antidumping and counter- Executive Director and the Chair of the By Mr. PORTMAN (for himself, Mr. vailing duty orders, and to promote United Board of Governors, Patient-Centered Out- WARNER, and Ms. COLLINS): States exports, and for other purposes; to the comes Research Institute, transmitting, pur- S. 3468. A bill to affirm the authority of the Committee on Health, Education, Labor, and suant to law, the Institute’s 2011 Annual Re- President to require independent regulatory Pensions. port; to the Committee on Health, Edu- agencies to comply with regulatory analysis By Mr. JOHANNS (for himself, Mr. cation, Labor, and Pensions. requirements applicable to executive agen- EC–7098. A communication from the Assist- cies, and for other purposes; to the Com- CRAPO, Mr. TESTER, Mr. KOHL, Mr. ant Secretary, Bureau of Political-Military mittee on Homeland Security and Govern- TOOMEY, and Mrs. HAGAN): Affairs, Department of State, transmitting, mental Affairs. S. 3480. A bill to provide end user exemp- pursuant to law, an addendum to a certifi- By Mr. BINGAMAN: tions from certain provisions of the Com- cation, transmittal number: DDTC 12–092, of S. 3469. A bill to establish a new organiza- modity Exchange Act and the Securities Ex- the proposed sale or export of defense arti- tion to manage nuclear waste, provide a con- change Act of 1934; to the Committee on cles and/or defense services to a Middle East sensual process for siting nuclear waste fa- Banking, Housing, and Urban Affairs. country regarding any possible effects such a cilities, ensure adequate funding for man- By Mr. LEAHY (for himself, Mr. COCH- sale might have relating to Israel’s Quali- aging nuclear waste, and for other purposes; RAN, and Mr. REED): tative Military Edge over military threats to to the Committee on Energy and Natural Re- S.J. Res. 49. A joint resolution providing Israel; to the Committee on Foreign Rela- sources. for the appointment of Barbara Barrett as a tions. By Ms. STABENOW (for herself and citizen regent of the Board of Regents of the EC–7099. A communication from the Ad- Mr. CRAPO): Smithsonian Institution; considered and ministrator, Federal Emergency Manage- S. 3470. A bill to permanently extend the passed. ment Agency, Department of Homeland Se- private mortgage insurance tax deduction; to f curity, transmitting, pursuant to law, a re- the Committee on Finance. port relative to the cost of response and re- By Mr. RUBIO: SUBMISSION OF CONCURRENT AND covery efforts for FEMA–3330–EM in the S. 3471. A bill to amend the Internal Rev- SENATE RESOLUTIONS Commonwealth of Massachusetts having ex- enue Code of 1986 to eliminate the tax on The following concurrent resolutions ceeded the $5,000,000 limit for a single emer- Olympic medals won by United States ath- gency declaration; to the Committee on letes; to the Committee on Finance. and Senate resolutions were read, and Homeland Security and Governmental Af- By Ms. LANDRIEU (for herself, Mr. referred (or acted upon), as indicated: fairs. GRASSLEY, Mr. BEGICH, Mr. BLUNT, By Ms. KLOBUCHAR (for herself and EC–7100. A communication from the Fed- Mrs. BOXER, Mr. FRANKEN, and Ms. Mr. CHAMBLISS): eral Liaison Officer, Patent and Trademark KLOBUCHAR): S. Res. 535. A resolution recognizing the Office, Department of Commerce, transmit- S. 3472. A bill to amend the Family Edu- goals and ideals of the Movement is Life ting, pursuant to law, the report of a rule en- cational Rights and Privacy Act of 1974 to Caucus; to the Committee on Health, Edu- titled ‘‘Implementation of Statute of Limi- provide improvements to such Act; to the cation, Labor, and Pensions.

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.027 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5871 By Ms. MURKOWSKI (for herself, Mr. duty-free treatment of certain rec- PORTMAN) was added as a cosponsor of JOHNSON of South Dakota, and Mr. reational performance outerwear, and S. 2118, a bill to remove unelected, un- BEGICH): for other purposes. accountable bureaucrats from seniors’ S. Res. 536. A resolution designating Sep- S 1461 personal health decisions by repealing tember 9, 2012, as ‘‘National Fetal Alcohol . Spectrum Disorders Awareness Day’’; consid- At the request of Mr. NELSON of Flor- the Independent Payment Advisory ered and agreed to. ida, the name of the Senator from Board. By Ms. STABENOW (for herself, Ms. Pennsylvania (Mr. CASEY) was added as S. 2173 SNOWE, Mr. BENNET, Mr. a cosponsor of S. 1461, a bill to amend At the request of Mr. DEMINT, the BLUMENTHAL, Mrs. BOXER, Mr. BROWN the Federal Food, Drug, and Cosmetic names of the Senator from New Hamp- of Massachusetts, Mr. BROWN of Ohio, Act to clarify the Food and Drug Ad- shire (Ms. AYOTTE) and the Senator Ms. CANTWELL, Mr. CARDIN, Mrs. ministration’s jurisdiction over certain from Mississippi (Mr. WICKER) were FEINSTEIN, Mr. KERRY, Mr. LAUTEN- BERG, Mr. MENENDEZ, Mr. MERKLEY, tobacco products, and to protect jobs added as cosponsors of S. 2173, a bill to Ms. MIKULSKI, Mr. MORAN, Mr. SCHU- and small businesses involved in the preserve and protect the free choice of MER, Mr. TESTER, Mr. UDALL of Colo- sale, manufacturing and distribution of individual employees to form, join, or rado, Mr. WEBB, Mr. WHITEHOUSE, and traditional and premium cigars. assist labor organizations, or to refrain Ms. MURKOWSKI): S. 1526 from such activities. S. Res. 537. A resolution supporting the At the request of Mrs. GILLIBRAND, S. 2281 goals and ideals of National Ovarian Cancer the name of the Senator from Kansas At the request of Mr. WHITEHOUSE, Awareness Month; considered and agreed to. By Mr. SESSIONS (for himself, Mr. (Mr. MORAN) was added as a cosponsor the name of the Senator from Vermont CARDIN, Mr. KERRY, Mr. LUGAR, Mr. of S. 1526, a bill to amend the Internal (Mr. SANDERS) was added as a cospon- SHELBY, Mr. MENENDEZ, Mr. TESTER, Revenue Code of 1986 to provide a tax sor of S. 2281, a bill to amend the Fed- Mr. LIEBERMAN, Mr. WYDEN, Mrs. incentive for the installation and eral Food, Drug, and Cosmetic Act to HUTCHISON, Mr. ROBERTS, Mr. CRAPO, maintenance of mechanical insulation strengthen the ability of the Food and Mr. CHAMBLISS, Mr. COCHRAN, Mr. property. Drug Administration to seek advice ISAKSON, Mr. WICKER, Mr. INHOFE, Mr. S. 1872 from external experts regarding rare MORAN, Mr. BROWN of Massachusetts, At the request of Mr. CASEY, the diseases, the burden of rare diseases, Mr. AKAKA, Mr. KIRK, Ms. MUR- and the unmet medical needs of indi- KOWSKI, and Mrs. FEINSTEIN): name of the Senator from Wisconsin S. Res. 538. A resolution designating Sep- (Mr. KOHL) was added as a cosponsor of viduals with rare diseases. tember 2012 as ‘‘National Prostate Cancer S. 1872, a bill to amend the Internal S. 3204 Awareness Month’’; considered and agreed Revenue Code of 1986 to provide for the At the request of Mr. JOHANNS, the to. tax treatment of ABLE accounts estab- names of the Senator from Nebraska By Mr. ROCKEFELLER (for himself, lished under State programs for the (Mr. NELSON), the Senator from South Mr. ALEXANDER, and Mr. LEVIN): care of family members with disabil- Carolina (Mr. GRAHAM), the Senator S. Res. 539. A resolution designating Octo- ber 13, 2012, as ‘‘National Chess Day’’; consid- ities, and for other purposes. from Utah (Mr. LEE), the Senator from ered and agreed to. S. 1880 Mississippi (Mr. COCHRAN) and the Sen- By Mr. INOUYE (for himself and Mr. At the request of Mr. BARRASSO, the ator from Colorado (Mr. BENNET) were COCHRAN): name of the Senator from Mississippi added as cosponsors of S. 3204, a bill to S. Res. 540. A resolution designating the (Mr. COCHRAN) was added as a cospon- address fee disclosure requirements week of August 6 through August 10, 2012, as sor of S. 1880, a bill to repeal the health under the Electronic Fund Transfer ‘‘National Convenient Care Clinic Week’’; care law’s job-killing health insurance Act, and for other purposes. considered and agreed to. By Mr. HARKIN: tax. S. 3237 S. Con. Res. 55. A concurrent resolution di- S. 1935 At the request of Mr. WHITEHOUSE, recting the Clerk of the House of Representa- At the request of Ms. COLLINS, the the name of the Senator from Wis- tives to make a correction in the enrollment name of the Senator from Idaho (Mr. consin (Mr. KOHL) was added as a co- of H.R. 1627; considered and agreed to. RISCH) was added as a cosponsor of S. sponsor of S. 3237, a bill to provide for f 1935, a bill to require the Secretary of the establishment of a Commission to ADDITIONAL COSPONSORS the Treasury to mint coins in recogni- Accelerate the End of Breast Cancer. tion and celebration of the 75th anni- S. 3243 S. 202 versary of the establishment of the At the request of Mrs. GILLIBRAND, At the request of Mr. PAUL, the name March of Dimes Foundation. the names of the Senator from New of the Senator from Pennsylvania (Mr. At the request of Mrs. HAGAN, the Jersey (Mr. MENENDEZ) and the Sen- TOOMEY) was added as a cosponsor of S. name of the Senator from South Da- ator from New Jersey (Mr. LAUTEN- 202, a bill to require a full audit of the kota (Mr. JOHNSON) was added as a co- BERG) were added as cosponsors of S. Board of Governors of the Federal Re- sponsor of S. 1935, supra. 3243, a bill to amend the Internal Rev- serve System and the Federal reserve S. 1990 enue Code of 1986 to increase the banks by the Comptroller General of At the request of Mr. LIEBERMAN, the amount of the low-income housing the United States before the end of name of the Senator from South Da- credit that may be allocated in States 2012, and for other purposes. kota (Mr. THUNE) was added as a co- damaged in 2011 by Hurricane Irene or S. 558 sponsor of S. 1990, a bill to require the Tropical Storm Lee. At the request of Mrs. FEINSTEIN, the Transportation Security Administra- S. 3338 name of the Senator from Hawaii (Mr. tion to comply with the Uniformed At the request of Mr. HARKIN, the AKAKA) was added as a cosponsor of S. Services Employment and Reemploy- name of the Senator from South Da- 558, a bill to limit the use of cluster ment Rights Act. kota (Mr. JOHNSON) was added as a co- munitions. S. 1993 sponsor of S. 3338, a bill to amend the S. 645 At the request of Mr. NELSON of Flor- Public Health Service Act and title At the request of Mr. SCHUMER, the ida, the names of the Senator from XVIII of the Social Security Act to name of the Senator from California Delaware (Mr. COONS) and the Senator make the provision of technical serv- (Mrs. FEINSTEIN) was added as a co- from Mississippi (Mr. COCHRAN) were ices for medical imaging examinations sponsor of S. 645, a bill to amend the added as cosponsors of S. 1993, a bill to and radiation therapy treatments National Child Protection Act of 1993 posthumously award a Congressional safer, more accurate, and less costly. to establish a permanent background Gold Medal to Lena Horne in recogni- S. 3384 check system. tion of her achievements and contribu- At the request of Mr. BAUCUS, the S. 704 tions to American culture and the civil name of the Senator from New Mexico At the request of Mr. WYDEN, the rights movement. (Mr. UDALL) was added as a cosponsor name of the Senator from New Hamp- S. 2118 of S. 3384, a bill to extend supplemental shire (Mrs. SHAHEEN) was added as a co- At the request of Mr. CORNYN, the agricultural disaster assistance pro- sponsor of S. 704, a bill to provide for name of the Senator from Ohio (Mr. grams.

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My legislation would in- At the request of Mr. WYDEN, the of amendment No. 2688 intended to be clude a definition of care coordination name of the Senator from Hawaii (Mr. proposed to S. 3414, a bill to enhance in the declaration of objectives of the AKAKA) was added as a cosponsor of S. the security and resiliency of the cyber Older Americans Act and would require 3407, a bill to amend the Public Health and communications infrastructure of the aging network to develop and im- Service Act to increase the number of the United States. plement a care coordination plan to ad- permanent faculty in palliative care at AMENDMENT NO. 2699 dress the needs of older individuals accredited allopathic and osteopathic At the request of Mr. DEMINT, the with multiple chronic illnesses. medical schools, nursing schools, and name of the Senator from Utah (Mr. I would like to thank a number of other programs, to promote education LEE) was added as a cosponsor of aging organizations who have been in- in palliative care and hospice, and to amendment No. 2699 intended to be pro- tegral to the development of this legis- support the development of faculty ca- posed to S. 3414, a bill to enhance the lation and who have endorsed it today, reers in academic palliative medicine. security and resiliency of the cyber and including: Aging Services of California, S. 3441 communications infrastructure of the the American Geriatrics Society, the At the request of Mr. JOHANNS, his United States. American Society on Aging, the Ben- name was added as a cosponsor of S. f jamin Rose Institute on Aging, the 3441, a bill to provide for the transfer of Center for Medicare Advocacy, the STATEMENTS ON INTRODUCED Consumer Coalition for Quality Health excess Department of Defense aircraft BILLS AND JOINT RESOLUTIONS to the Forest Service for wildfire sup- Care, the Easter Seals, The Geronto- pression activities, and for other pur- By Mr. KERRY: logical Society of America, poses. S. 3465. A bill to amend the Older LeadingAge, the National Association Americans Act of 1965 to define care co- of Area Agencies on Aging, n4a, the Na- S.J. RES. 39 ordination, include care coordination tional Academy of Elder Law Attor- At the request of Mr. CARDIN, the as a fully restorative service, and de- neys, the National Association of Nu- name of the Senator from Ohio (Mr. tail the care coordination functions of trition and Aging Services Programs, BROWN) was added as a cosponsor of the Assistant Secretary, and for other the National Association of the Profes- S.J. Res. 39, a joint resolution remov- purposes; to the Committee on Health, sional Geriatric Care Managers, the ing the deadline for the ratification of Education, Labor, and Pensions. National Center on Caregiving, the the equal rights amendment. Mr. KERRY. Mr. President, for the Family Caregiver Alliance, PHI Qual- S.J. RES. 44 past 47 years, the Older Americans Act, ity Care through Quality Jobs, the So- At the request of Mr. KOHL, the name OAA, has provided a wide array of serv- cial Work Leadership Institute / New of the Senator from Arkansas (Mr. ices to improve the lives of older Amer- York Academy of Medicine, and the PRYOR) was added as a cosponsor of icans, family caregivers, and persons University of Illinois College of Nurs- S.J. Res. 44, a joint resolution granting with disabilities. Through the Act, mil- ing Institute for Health Care Innova- the consent of Congress to the State lions of Americans receive critical tion. In addition, the National Coali- and Province Emergency Management home and community-based services tion for Care Coordination was pivotal Assistance Memorandum of Under- including, home-delivered meal pro- in their assistance developing a defini- standing. grams, transportation, adult day care, tion of care coordination which ade- S. RES. 399 legal assistance and health promotion quately addresses the needs of the At the request of Mr. MENENDEZ, the programs. The National Aging Network aging network. name of the Senator from Vermont delivers these vital services to local Since being enacted in 1965, the OAA (Mr. SANDERS) was added as a cospon- communities through the Administra- has evolved over time to meet the ever- sor of S. Res. 399, a resolution calling tion on Aging, State Units on Aging, changing needs of our aging popu- upon the President to ensure that the SUAs, and over 600 Area Agencies on lation. As we work to reauthorize this foreign policy of the United States re- Aging, AAAs. successful program that has allowed flects appropriate understanding and The aging network supports a num- millions of seniors to remain inde- sensitivity concerning issues related to ber of health, prevention and wellness pendent in their homes and commu- human rights, crimes against human- programs for older adults, such as, nities, we should incorporate new ini- ity, ethnic cleansing, and genocide doc- chronic disease self-management pro- tiatives that reflect the current chal- umented in the United States record grams, alcohol and substance abuse re- lenges facing seniors, such as the lack relating to the Armenian Genocide, duction, smoking cessation, weight of care coordination between health and for other purposes. loss and control, and health screenings. programs and community long-term AMENDMENT NO. 2574 Despite this focus on health promotion, services and supports. currently, there is no definition of care At the request of Mrs. HUTCHISON, the For all of these reasons, I urge my name of the Senator from Pennsyl- coordination included in the Older colleagues to cosponsor this important Americans Act. In fact, the unique co- vania (Mr. CASEY) was added as a co- legislation and to support its inclusion sponsor of amendment No. 2574 in- ordination needed for an older adult in the reauthorization of the OAA. tended to be proposed to S. 3414, a bill with multiple chronic conditions is ab- By Mr. JOHANNS: to enhance the security and resiliency sent from the definition of the OAA S. 3467. A bill to establish a morato- of the cyber and communications infra- case manager role. The inclusion of care coordination in rium on aerial surveillance conducted structure of the United States. the OAA is necessary to prepare the by the Administrator of the Environ- AMENDMENT NO. 2684 aging network for their role in linking mental Protection Agency; to the Com- At the request of Mr. MCCONNELL, medical care to community long-term mittee on Environment and Public the names of the Senator from Wis- services and supports. The Affordable Works. consin (Mr. JOHNSON), the Senator from Care Act is transforming the health Mr. JOHANNS. Mr. President, I come Texas (Mr. CORNYN), the Senator from care delivery system through medical to the floor today to discuss an issue I Missouri (Mr. BLUNT), the Senator from home demonstration, Accountable Care have brought up before in the Senate Utah (Mr. LEE) and the Senator from Organizations, and the Partnership for that continues to trouble me. Mississippi (Mr. COCHRAN) were added Patient-Care Transitions. But to be Whenever I meet with farmers and as cosponsors of amendment No. 2684 truly successful, these reforms will re- ranchers in Nebraska, they often raise intended to be proposed to S. 3414, a quire the coordination of care between concerns about regulatory overreach. I bill to enhance the security and resil- state and federal health care programs hear about the need for agencies such iency of the cyber and communications and the aging network. as the EPA to provide a more predict- infrastructure of the United States. Today, I am introducing the Care Co- able and commonsense regulatory envi- AMENDMENT NO. 2688 ordination for Older Americans Act, a ronment. So today I am introducing a At the request of Mr. WYDEN, the bill that would integrate care coordina- bill that will do exactly that. It stops name of the Senator from Montana tion in the long-term services and sup- the EPA’s use of aerial surveillance of

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.030 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5873 agricultural operations for a period of got broad bipartisan support—56 votes. mittee on Energy and Natural Re- 12 months—1 year. Ten of my colleagues on the other side sources, Senator MURKOWSKI, and the Earlier this year, I began hearing of the aisle joined me in this effort, so Chairman and Ranking Republican on about this issue from constituents who it is not a partisan issue. the Energy and Water Development are worried about privacy concerns. I urge my colleagues to continue Subcommittee of the Appropriations Thus, a few of my colleagues and I their support of this effort to bring ac- Committee, Senator FEINSTEIN and wrote to Administrator Jackson in late countability and transparency to the Senator ALEXANDER, to try to put the May asking her several questions about Environmental Protection Agency. commission’s recommendations into EPA’s practice of flying over livestock legislative language. operations and taking pictures. We By Mr. BINGAMAN: Much of our time and effort centered were curious about the scope of flights S. 3469. A bill to establish a new orga- on the Commission’s recommendation over agriculture operations in Ne- nization to manage nuclear waste, pro- for ‘‘a new organization dedicated sole- braska and around the country. We vide a consensual process for siting nu- ly to implementing the waste manage- asked how the agency selects targets clear waste facilities, ensure adequate ment program.’’ The Commission rec- for surveillance and whether any im- funding for managing nuclear waste, ages of residences, land, or buildings and for other purposes; to the Com- ommended that Congress establish a not subject to EPA regulation were mittee on Energy and Natural Re- new ‘‘single purpose organization,’’ being captured. sources. outside of the Department of Energy, Additionally, we asked a very fair Mr. BINGAMAN. Mr. President, I am but still within the Federal Govern- question: We asked about the use of the today introducing a bill to implement ment to manage the nation’s nuclear images, where are they stored, how are the recommendations of the Blue Rib- wastes in place of the Department of they used, who are they shared with, bon Commission on America’s Nuclear Energy. More specifically, it proposed and how long they would remain on Future. formation of a government corpora- file—all seemingly straightforward, The Blue Ribbon Commission was ap- tion, and suggested that the Tennessee fair, basic questions. pointed by Secretary of Energy Steven Valley Authority might provide a use- Well, to say the least, EPA has been Chu, at the request of President ful model. less than forthcoming about the use of Obama, in March 2010. The purpose of Our initial efforts focused on the gov- aerial surveillance. EPA has acknowl- the Commission was to examine the ernment corporation approach, but we edged aerial surveillance activities in nation’s nuclear waste management ultimately agreed to set that model Nebraska, Iowa, and West Virginia. But policy, consider alternatives, and rec- aside in favor of a structure that we be- despite repeated requests, details con- ommend a new approach. The Commis- lieve may be both more effective and cerning the national scope of this pro- sion was made up of 15 distinguished more accountable. We chose to focus gram and its management by EPA members, and co-chaired by Represent- full responsibility and authority for headquarters have not been disclosed. ative Lee Hamilton and General Brent the program in a single administrator, You see, I believe the American pub- Scowcroft. Two of our former col- and to establish a separate board made lic deserves open, straightforward, hon- leagues, Senator Domenici and Senator up of senior Federal officials to oversee est information about why EPA is fly- Hagel, were also members. the administrator. ing over their land—not just in Ne- The Commission did an outstanding braska but across the country. Most of the rest of our discussions fo- job. It met more than two dozen times cused on the siting process for tem- Time and time again, farmers have over two years, conducted five public consistently proven they are excellent porary storage facilities and perma- hearings across the country, heard tes- stewards of the environment. They nent geologic repositories. We agreed timony from countless experts and make their living from the land, and with the commission’s recommenda- stakeholders, visited nuclear waste they are very mindful of maintaining it tion that the new organization employ management facilities both here and and protecting it and leaving it im- a consent-based approach to siting nu- abroad, and assembled a very thorough, proved. clear waste facilities and with the need I agree wholeheartedly that we thoughtful, and authoritative report. for to establish interim storage facili- should ensure our waterways are clean The Commission made eight clear, ties pending completion of a reposi- and our air is safe. So I want to be very concise, and eminently sensible rec- tory. But we were unable to agree on clear: This legislation does not affect ommendations. Principally, it rec- the ‘‘linkage’’ between storage facili- EPA’s ability to use traditional onsite ommended that we adopt a new, con- ties and the repository. inspections. But given EPA’s track sent-based approach to siting nuclear waste management facilities, and that Under current law, the Department record of ignorance about agriculture, of Energy cannot begin constructing a if not downright contempt for it, farm- we establish a new organization to manage the nuclear waste management storage facility until the Nuclear Reg- ers and ranchers do not trust this agen- ulatory Commission issues a license to cy, and they sure as heck do not ap- program. It affirmed the need to build one or more geologic repositories in construct the repository. The Commis- prove of EPA doing low-altitude sur- sion found that this tight linkage has veillance flights over citizens’ private which nuclear waste can be perma- nently buried, and it endorsed the need prevented a storage facility from being property. built and recommended that it be So until EPA takes a more common- to build one or more temporary storage eliminated. But the commission also sense, transparent, open approach, we facilities in which nuclear waste can be recognized the need for what it called need to step on the brakes. This bill stored until it can be permanently dis- ‘‘positive linkages’’ between storage simply does that. It places a 1-year posed of in a repository. It emphasized and disposal to ensure that progress moratorium on EPA from using aerial the importance of giving the new orga- continues on both fronts and interim surveillance. This will give the agency nization access to the funds needed to storage does not end up become perma- time to come clean about its activities implement the program. It also made nent. nationwide and make the case that useful recommendations on transpor- these flights are an appropriate use of tation, and on the importance of con- Meanwhile, while our discussions agency authority and taxpayer money. tinued support for nuclear research and were underway, the Energy and Water Unless the EPA does that openly, the development and international nuclear Development Appropriations Sub- level of trust between farmers and non-proliferation programs. committee reported legislation that ranchers and the EPA will continue to The Commission published its report authorizes the Secretary of Energy to erode. In the meantime, passage of this at the end of January, and the two co- begin storing nuclear waste at interim legislation will help provide our farm- chairs, Representative Hamilton and storage sites. My proposal for ‘‘positive ers and our ranchers and others in General Scowcroft, testified to the linkages’’ was to allow the new agency rural America with much needed regu- Committee on Energy and Natural Re- to store up to 10,000 metric tons of latory certainty. sources on it in early February. spent nuclear fuel at a storage facility I offered an amendment on this issue Since then, I have been working with built under the authority in the appro- during the recent farm bill debate. It the Ranking Republican on the Com- priations bill, even if no agreement has

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PROCEEDINGS whether the siting process for storage SEC. 103. DEFINITIONS. facilities should be identical to the Sec. 401. Working Capital Fund. Sec. 402. Nuclear Waste Fund. In this Act: siting process for repositories wherever Sec. 403. Full cost recovery. (1) ADMINISTRATION.—The term ‘‘Adminis- possible. Sec. 404. Judicial review. tration’’ means the Nuclear Waste Adminis- Nonetheless, we agreed that I should Sec. 405. Litigation authority. tration established by section 201. introduce the bill with the linkages Sec. 406. Liabilities. (2) ADMINISTRATOR.—The term ‘‘Adminis- that I have proposed and that the Com- TITLE V—ADMINISTRATIVE AND trator’’ means the Administrator of the Ad- mittee on Energy and Natural Re- SAVINGS PROVISIONS ministration. (3) AFFECTED INDIAN TRIBE.—The term ‘‘af- sources should hold a hearing on it in Sec. 501. Administrative powers of Adminis- trator. fected Indian tribe’’ means any Indian September. I recognize, of course, that Sec. 502. Personnel. tribe— the bill will not become law this year. Sec. 503. Offices. (A) within the reservation boundaries of But my hope is to obtain testimony on Sec. 504. Mission plan. which a repository or storage facility is pro- it and to build a legislative record that Sec. 505. Annual reports. posed to be located; or might serve as the foundation for fur- Sec. 506. Savings provisions; terminations. (B) that has federally defined possessory or Sec. 507. Technical assistance in the field of ther consideration and ultimate enact- usage rights to other land outside of the res- spent fuel storage and disposal. ervation boundaries that— ment in the next Congress. Sec. 508. Nuclear Waste Technical Review The Blue Ribbon Commission found (i) arise out of a congressionally ratified Board. treaty; and that ‘‘it is long past time for the gov- Sec. 509. Repeal of volume limitation. (ii) the Secretary of the Interior finds, on ernment to make good on its commit- TITLE I—FINDINGS, PURPOSES, AND petition of an appropriate governmental offi- ments to the American people to pro- DEFINITIONS cial of the Indian tribe, may be substantially vide for the safe disposal of nuclear SEC. 101. FINDINGS. and adversely affected by the repository or waste.’’ Congress finds that— storage facility. ‘‘Put simply,’’ the Commission said, (1) the Nuclear Waste Policy Act of 1982 (42 (4) AFFECTED UNIT OF GENERAL LOCAL GOV- ‘‘this nation’s failure to come to grips U.S.C. 10101 et seq.)— ERNMENT.— with the nuclear waste issue has al- (A) made the Federal Government respon- (A) IN GENERAL.—The term ‘‘affected unit sible for providing for the permanent dis- of general local government’’ means the unit ready proved damaging and costly. It posal of nuclear waste; of general local government that has juris- will be even more damaging and more (B) vested the responsibility for siting, diction over the site of a repository or stor- costly the longer it continues. . . . ’’ constructing, and operating a permanent age facility. The commission has performed a geologic repository for the disposal of nu- (B) INCLUSION.—The term ‘‘affected unit of very valuable service to the nation in clear waste in the Secretary of Energy; and general local government’’ may include, at showing us a way forward. Its rec- (C) required the Secretary to enter into the discretion of the Administrator, units of ommendations merit our careful con- binding contracts with the generators and general local government that are contig- sideration and deserve our approval. I owners of nuclear waste pursuant to which uous with the unit that has jurisdiction over the Secretary is obligated to have begun dis- have attempted to put them into legis- the site of a repository or storage facility. posing of the nuclear waste in a repository (5) CIVILIAN NUCLEAR POWER REACTOR.—The lative form so that they can be enacted not later than January 31, 1998; term ‘‘civilian nuclear power reactor’’ has and implemented. (2) in 1987, Congress designated the Yucca the meaning given the term in section 2 of I recognize that will not happen this Mountain site as the site for the repository the Nuclear Waste Policy Act of 1982 (42 year. It will take a great deal more and precluded consideration of other sites; U.S.C. 10101). time and work. But it must begin and (3) in 2002, the Secretary found the Yucca (6) COMMISSION.—The term ‘‘Commission’’ I hope it will continue in the next Con- Mountain site to be suitable for the develop- means the Nuclear Regulatory Commission. gress. ment of the repository, the President rec- (7) CONTRACT HOLDER.—The term ‘‘contract Mr. President, I ask for unanimous ommended the site to Congress, and Con- holder’’ means any person who— gress enacted a joint resolution approving consent that the bill be printed in the (A) generates or holds title to nuclear the Yucca Mountain site for the repository; waste generated at a civilian nuclear power RECORD. (4) in 2008, the Secretary applied to the Nu- reactor; and There being no objection, the text of clear Regulatory Commission for a license to (B) has entered into a contract for the dis- the bill was ordered to be printed in construct a repository at the Yucca Moun- posal of nuclear waste under section 302(a) of the RECORD, as follows: tain site; the Nuclear Waste Policy Act of 1982 (42 S. 3469 (5) in 2009, the Secretary found the Yucca U.S.C. 10222(a)) or this Act. Be it enacted by the Senate and House of Rep- Mountain site to be unworkable and aban- (8) DEFENSE WASTE.—The term ‘‘defense resentatives of the United States of America in doned efforts to construct a repository; waste’’ means nuclear waste generated by an Congress assembled, (6) in 2010, the Secretary, at the request of atomic energy defense activity (as defined in the President, established the Blue Ribbon SECTION 1. SHORT TITLE; TABLE OF CONTENTS. section 2 of the Nuclear Waste Policy Act of Commission on America’s Nuclear Future to (a) SHORT TITLE.—This Act may be cited as 1982 (42 U.S.C. 10101)). the ‘‘Nuclear Waste Administration Act of conduct a comprehensive review of the nu- (9) DISPOSAL.—The term ‘‘disposal’’ has the 2012’’. clear waste management policies of the meaning given the term in section 2 of the (b) TABLE OF CONTENTS.—The table of con- United States and recommend a new strat- Nuclear Waste Policy Act of 1982 (42 U.S.C. tents of this Act is as follows: egy for managing the nuclear waste of the 10101). United States; and (10) HIGH-LEVEL RADIOACTIVE WASTE.—The Sec. 1. Short title; table of contents. (7) the Blue Ribbon Commission has rec- term ‘‘high-level radioactive waste’’ has the TITLE I—FINDINGS, PURPOSES, AND ommended that Congress establish a new nu- meaning given the term in section 2 of the DEFINITIONS clear waste management organization and Nuclear Waste Policy Act of 1982 (42 U.S.C. Sec. 101. Findings. adopt a new consensual approach to siting 10101). Sec. 102. Purposes. nuclear waste management facilities. (11) INDIAN TRIBE.—The term ‘‘Indian Sec. 103. Definitions. SEC. 102. PURPOSES. tribe’’ has the meaning given the term in TITLE II—NUCLEAR WASTE The purposes of this Act are— section 2 of the Nuclear Waste Policy Act of ADMINISTRATION (1) to establish a new nuclear waste man- 1982 (42 U.S.C. 10101). Sec. 201. Establishment. agement organization; (12) NUCLEAR WASTE.—The term ‘‘nuclear Sec. 202. Principal officers. (2) to transfer to the new organization the waste’’ means— Sec. 203. Other officers. functions of the Secretary relating to the (A) spent nuclear fuel; and Sec. 204. Inspector General. siting, licensing, construction, and operation (B) high-level radioactive waste. Sec. 205. Nuclear Waste Oversight Board. of nuclear waste management facilities; (13) NUCLEAR WASTE ACTIVITIES.—The term Sec. 206. Conforming amendments. (3) to establish a new consensual process ‘‘nuclear waste activities’’ has the meaning TITLE III—FUNCTIONS for the siting of nuclear waste management given the term in section 11 of the Atomic Sec. 301. Transfer of functions. facilities; Energy Act of 1954 (42 U.S.C. 2014).

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(14) NUCLEAR WASTE FACILITY.—The term TITLE II—NUCLEAR WASTE sess demonstrated ability in general man- ‘‘nuclear waste facility’’ means— ADMINISTRATION agement of, and knowledge of and extensive (A) a repository; and SEC. 201. ESTABLISHMENT. practical experience in, financial manage- (B) a storage facility. (a) ESTABLISHMENT.—There is established ment practices in large governmental or (15) NUCLEAR WASTE FUND.—The term ‘‘Nu- an independent agency in the executive business entities; and clear Waste Fund’’ means the separate fund branch to be known as the ‘‘Nuclear Waste (3) not more than 3 Assistant Administra- in the Treasury established by section 302(c) Administration’’. tors, who shall perform such functions as the of the Nuclear Waste Policy Act of 1982 (42 (b) PURPOSE.—The purposes of the Admin- Administrator shall specify from time to U.S.C. 10222(c)). istration are— time. (b) APPOINTMENT.—Officers appointed (16) OVERSIGHT BOARD.—The term ‘‘Over- (1) to discharge the responsibility of the under this section shall— sight Board’’ means the Nuclear Waste Over- Federal Government to provide for the per- (1) be appointed by the Administrator; sight Board established by section 205. manent disposal of nuclear waste; (2) to protect the public health and safety (2) be considered career appointees; and (17) PUBLIC LIABILITY.—The term ‘‘public li- and the environment in discharging the re- (3) be subject to section 161 d. of the Atom- ability’’ has the meaning given the term in sponsibility under paragraph (1); and ic Energy Act of 1954 (42 U.S.C. 2201(d)). section 11 of the Atomic Energy Act of 1954 (3) to ensure that the costs of activities (c) ORDER OF SUCCESSION.—The Adminis- (42 U.S.C. 2014). under paragraph (1) are borne by the persons trator may designate the order in which the (18) REPOSITORY.—The term ‘‘repository’’ responsible for generating the nuclear waste. officers appointed pursuant to this section has the meaning given the term in section 2 SEC. 202. PRINCIPAL OFFICERS. shall act for, and perform the functions of, of the Nuclear Waste Policy Act of 1982 (42 (a) ADMINISTRATOR.— the Administrator during the absence or dis- U.S.C. 10101). (1) APPOINTMENT.—There shall be at the ability of the Administrator and the Deputy (19) RESERVATION.—The term ‘‘reservation’’ head of the Administration a Nuclear Waste Administrator or in the event of vacancies in has the meaning given the term in section 2 Administrator, who shall be appointed by the offices of the Administrator and the Dep- of the Nuclear Waste Policy Act of 1982 (42 the President, by and with the advice and uty Administrator. U.S.C. 10101). consent of the Senate, from among persons SEC. 204. INSPECTOR GENERAL. (20) SECRETARY.—The term ‘‘Secretary’’ who are, by reason of education, experience, There shall be in the Administration an In- means the Secretary of Energy. and attainments, exceptionally well quali- spector General, who shall be appointed by (21) SITE CHARACTERIZATION.— fied to perform the duties of the Adminis- the President, by and with the advice and (A) IN GENERAL.—The term ‘‘site character- trator. consent of the Senate, in accordance with ization’’ means the site-specific activities (2) FUNCTIONS AND POWERS.—The functions section 3 of the Inspector General Act of 1978 that the Administrator determines necessary and powers of the Administration shall be (5 U.S.C. App.). to support an application to the Commission vested in and exercised by the Adminis- SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD. for a license to construct a repository or trator. (a) ESTABLISHMENT.—There is established storage facility under section 305(c). (3) SUPERVISION AND DIRECTION.—The Ad- an independent establishment in the execu- (B) REPOSITORY SITE CHARACTERIZATION.— ministration shall be administrated under tive branch, to be known as the ‘‘Nuclear In the case of a site for a repository, the the supervision and direction of the Adminis- Waste Oversight Board’’, to oversee the ad- term ‘‘site characterization’’ may include trator, who shall be responsible for the effi- ministration of this Act and protect the pub- borings, surface excavations, excavations of cient and coordinated management of the lic interest in the implementation of this exploratory shafts, limited subsurface lat- Administration. Act. eral excavations and borings, and in situ (4) DELEGATION.—The Administrator may, (b) MEMBERS.—The Oversight Board shall testing needed to evaluate the suitability of from time to time and to the extent per- consist of— a candidate site for the location of a reposi- mitted by law, delegate such functions of the (1) the Deputy Director of the Office of Administrator as the Administrator deter- tory. Management and Budget; mines to be appropriate. (2) the Chief of Engineers of the Army (C) STORAGE SITE CHARACTERIZATION.—In (5) COMPENSATION.—The President shall fix the case of a site for an above-ground storage Corps of Engineers; and the total annual compensation of the Admin- (3) the Deputy Secretary of Energy. facility, the term ‘‘site characterization’’ istrator in an amount that— (c) CHAIR.—The President shall designate 1 does not include subsurface borings and ex- (A) is sufficient to recruit and retain a per- of the 3 members as chair. cavations that the Administrator determines son of demonstrated ability and achievement (d) FUNCTIONS.—The Oversight Board are uniquely associated with underground in managing large corporate or govern- shall— disposal and unnecessary to evaluate the mental organizations; and (1) review, on an ongoing basis— suitability of a candidate site for the loca- (B) does not exceed the total annual com- (A) the progress made by the Adminis- tion of an above-ground storage facility. pensation paid to the Chief Executive Officer trator to site, construct, and operate nuclear (D) PRELIMINARY ACTIVITIES.—The term of the Tennessee Valley Authority. waste facilities under this Act; ‘‘site characterization’’ does not include pre- (b) DEPUTY ADMINISTRATOR.— (B) the use of funds made available to the liminary borings and geophysical testing (1) APPOINTMENT.—There shall be in the Administrator under this Act; needed to assess whether site characteriza- Administration a Deputy Administrator, (C) whether the fees collected from con- tion should be undertaken. who shall be appointed by the President, by tract holders are sufficient to ensure full (22) SPENT NUCLEAR FUEL.—The term and with the advice and consent of the Sen- cost recovery or require adjustment; and ‘‘spent nuclear fuel’’ has the meaning given ate, from among persons who are, by reason (D) the liability of the United States to the term in section 2 of the Nuclear Waste of education, experience, and attainments, contract holders; Policy Act of 1982 (42 U.S.C. 10101). exceptionally well qualified to perform the (2) identify any problems that may impede (23) STORAGE.—The term ‘‘storage’’ means duties of the Deputy Administrator. the implementation of this Act; and the temporary retention of nuclear waste (2) DUTIES.—The Deputy Administrator (3) recommend to the Administrator, the pending the disposal of the nuclear waste in shall— President, or Congress, as appropriate, any a repository. (A) perform such functions as the Adminis- actions that may be needed to ensure the im- trator shall from time to time assign or dele- (24) STORAGE FACILITY.—The term ‘‘storage plementation of this Act. facility’’ means a facility for the storage of gate; and (e) MEETINGS.—The Oversight Board shall (B) act as the Administrator during the ab- nuclear waste from multiple contract hold- meet at least once every 90 days. sence or disability of the Administrator or in ers or the Secretary pending the disposal of (f) REPORTS.—The Oversight Board shall the event of a vacancy in the office of the the spent nuclear fuel in a repository. report the findings, conclusions, and rec- Administrator. ommendations of the Oversight Board to the (25) TEST AND EVALUATION FACILITY.—The (3) COMPENSATION.—The President shall fix Administrator, the President, and Congress term ‘‘test and evaluation facility’’ means the total annual compensation of the Deputy not less than once per year. an at-depth, prototypic underground cavity Administrator in an amount that— (g) EXECUTIVE SECRETARY.—The Oversight used to develop data and experience for the (A) is sufficient to recruit and retain a per- Board shall appoint and fix the compensa- safe handling and disposal of nuclear waste son of demonstrated ability and achievement tion of an Executive Secretary, who shall— in a repository. in managing large corporate or govern- (1) assemble and maintain the reports, (26) UNIT OF GENERAL LOCAL GOVERNMENT.— mental organizations; and records, and other papers of the Oversight The term ‘‘unit of general local government’’ (B) does not exceed the total annual com- Board; and has the meaning given the term in section 2 pensation paid to the Administrator. (2) perform such functions as the Oversight of the Nuclear Waste Policy Act of 1982 (42 SEC. 203. OTHER OFFICERS. Board shall from time to time assign or dele- U.S.C. 10101). (a) ESTABLISHMENT.—There shall be in the gate. (27) WORKING CAPITAL FUND.—The term Administration— (h) ADDITIONAL STAFF.— ‘‘Working Capital Fund’’ means the Nuclear (1) a General Counsel; (1) APPOINTMENT.—The Oversight Board Waste Administration Working Capital Fund (2) a Chief Financial Officer, who shall be may appoint and fix the compensation of established by section 401. appointed from among individuals who pos- such additional clerical and professional

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.035 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5876 CONGRESSIONAL RECORD — SENATE August 1, 2012 staff as may be necessary to discharge the ministrator may site, construct, and oper- (A) the Governor or duly authorized offi- responsibilities of the Oversight Board. ate— cial of the State in which the site is located; (2) LIMITATION.—The Oversight Board may (1) additional repositories if the Adminis- (B) the governing body of the affected unit appoint not more than 10 clerical or profes- trator determines that additional disposal of general local government; sional staff members under this subsection. capacity is necessary to meet the disposal (C) the governing body of an Indian tribe (3) SUPERVISION AND DIRECTION.—The cler- obligations of the Administrator; within the reservation boundaries of which ical and professional staff of the Oversight (2) a test and evaluation facility in connec- the site is located; or Board shall be under the supervision and di- tion with a repository if the Administrator (D) the Administrator, after consultation rection of the Executive Secretary. determines a test and evaluation facility is with, and with the consent of— (i) ACCESS TO INFORMATION.— necessary to develop data and experience for (i) the Governor of the State in which the (1) DUTY TO INFORM.—The Administrator the safe handling and disposal of nuclear site is located; shall keep the Oversight Board fully and cur- waste at a repository; and (ii) the governing body of the affected unit rently informed on all of the activities of the (3) additional storage facilities if the Ad- of general local government; and Administration. ministrator determines that additional stor- (iii) the governing body of the Indian tribe, (2) PRODUCTION OF DOCUMENTS.—The Ad- age capacity is necessary pending the avail- if the site is located within the reservation ministrator shall provide the Oversight ability of adequate disposal capacity. of an Indian tribe. Board with such records, files, papers, data, SEC. 304. SITING NUCLEAR WASTE FACILITIES. (3) SITE INVESTIGATIONS.—In evaluating a or information as may be requested by the (a) IN GENERAL.—In siting nuclear waste site under this subsection prior to any deter- Oversight Board. facilities under this Act, the Administrator mination of the suitability of the site for (j) SUPPORT SERVICES.—To the extent per- shall employ a process that— site characterization, the Administrator— mitted by law and requested by the Over- (1) allows affected communities to decide (A) shall use available geophysical, geo- sight Board, the Administrator of General whether, and on what terms, the affected logical, geochemical, hydrological, and other Services shall provide the Oversight Board communities will host a nuclear waste facil- information; and with necessary administrative services, fa- ity; (B) shall not perform any preliminary bor- cilities, and support on a reimbursable basis. (2) is open to the public and allows inter- ings or excavations at the site unless nec- (k) AUTHORIZATION OF APPROPRIATIONS.— ested persons to be heard in a meaningful essary to determine the suitability of the There are authorized to be appropriated to way; site and authorized by the landowner. the Oversight Board from amounts in the (3) is flexible and allows decisions to be re- (4) DETERMINATION OF SUITABILITY.—The Nuclear Waste Fund to carry out this section viewed and modified in response to new in- Administrator shall determine whether a such sums as are necessary. formation or new technical, social, or polit- site is suitable for site characterization SEC. 206. CONFORMING AMENDMENTS. ical developments; and based on an environmental assessment of the (a) Section 901(b)(2) of title 31, United (4) is based on sound science and meets site, which shall include— States Code, is amended by adding at the end public health, safety, and environmental (A) an evaluation by the Administrator of the following: standards. whether the site qualifies for development as ‘‘(R) The Nuclear Waste Administration.’’. (b) SITING GUIDELINES.— a nuclear waste facility under the guidelines (b) Section 12 of the Inspector General Act (1) ISSUANCE.—Not later than 1 year after established under subsection (b), including a of 1978 (5 U.S.C. App.) is amended— the date of enactment of this Act, the Ad- safety case that provides the basis for con- (1) in paragraph (1), by inserting ‘‘the Nu- ministrator shall issue general guidelines for fidence in the safety of the proposed nuclear clear Waste Administration;’’ after ‘‘Export- the consideration of candidate sites for— waste facility at the proposed site; Import Bank;’’; and (A) repositories; and (B) an evaluation by the Administrator of (2) in paragraph (2), by inserting ‘‘the Nu- (B) storage facilities. the effects of site characterization activities clear Waste Administration,’’ after ‘‘Export- (2) REPOSITORIES.—In adopting guidelines Import Bank,’’. for repositories under paragraph (1), the Ad- on public health and safety and the environ- ment; TITLE III—FUNCTIONS ministrator shall comply with the require- (C) a reasonable comparative evaluation by SEC. 301. TRANSFER OF FUNCTIONS. ments of section 112(a) of the Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)). the Administrator of the site with other There are transferred to and vested in the sites considered by— Administrator all functions vested in the (3) STORAGE FACILITIES.— (A) IN GENERAL.—In adopting guidelines for (i) the Administrator under this section; or Secretary by— (ii) the Secretary under the Nuclear Waste (1) the Nuclear Waste Policy Act of 1982 (42 storage facilities under paragraph (1), the Administrator shall comply with the re- Policy Act of 1982 (42 U.S.C. 10101 et seq.); U.S.C. 10101 et seq.) relating to— (D) a description of the decision process by (A) the construction and operation of a re- quirements of section 112(a) of the Nuclear Waste Policy Act of 1992 (42 U.S.C. 10132(a)), which the site was recommended; and pository; (E) an assessment of the regional and local (B) entering into and performing contracts except to the extent that section 112(a) of that Act requires consideration of under- impacts of locating a repository or storage for the disposal of nuclear waste under sec- facility at the site. tion 302 of that Act (42 U.S.C. 10222); ground geophysical conditions that the Ad- (C) the collection, adjustment, deposition, ministrator determines do not apply to (d) SITE CHARACTERIZATION.— and use of fees to offset expenditures for the above-ground storage. (1) SELECTION OF SITES.—From among the management of nuclear waste; and (B) OTHER FACTORS.—In addition to the re- sites determined to be suitable for site char- (D) the issuance of obligations under sec- quirements described in subparagraph (A), acterization under subsection (c), the Admin- tion 302(e)(5) of the Nuclear Waste Policy Act the guidelines for storage facilities shall re- istrator shall select— of 1982 (42 U.S.C. 10222(e)(5); and quire the Administrator to take into account (A) at least 1 site for site characterization (2) section 312 of the Energy and Water De- the extent to which a storage facility as a repository; and velopment and Related Agencies Appropria- would— (B) at least 1 site for site characterization tions Act, 2013, relating to the pilot program (i) enhance the reliability and flexibility of as a storage facility. for the construction and operation of 1 or the system for the disposal of nuclear waste; (2) PREFERENCE FOR CO-LOCATED REPOSI- more storage facilities to the extent pro- (ii) minimize the impacts of transportation TORY AND STORAGE FACILITY.—In selecting vided in a cooperative agreement transferred and handling of nuclear waste; and sites for site characterization as a storage to the Administrator pursuant to section (iii) unduly burden a State in which sig- facility, the Administrator shall give pref- 302(b). nificant volumes of— erence to sites determined to be suitable for co-location of a storage facility and a reposi- SEC. 302. TRANSFER OF CONTRACTS. (I) defense wastes are stored; or tory. (a) DISPOSAL CONTRACTS.—Each contract (II) transuranic wastes are disposed. for the disposal of nuclear waste entered into (4) REVISIONS.—The Administrator may re- (3) PUBLIC HEARINGS.—Before selecting a by the Secretary before the date of enact- vise the guidelines in a manner consistent site for site characterization, the Adminis- ment of this Act shall continue in effect ac- with this subsection and section 112(a) of the trator shall hold public hearings in the vicin- cording to the terms of the contract with the Nuclear Waste Policy Act of 1982 (42 U.S.C. ity of the site and at least 1 other location Administrator substituted for the Secretary. 10132(a)). within the State in which the site is lo- (b) COOPERATIVE AGREEMENT.—Each coop- (c) IDENTIFICATION OF CANDIDATE SITES.— cated— erative agreement entered into by the Sec- (1) REVIEW OF POTENTIAL SITES.—As soon as (A) to inform the public of the proposed retary pursuant to section 312 of the Energy practicable after the date of the issuance of site characterization; and and Water Development and Related Agen- the guidelines under subsection (b), the Ad- (B) to solicit public comments and rec- cies Appropriations Act, 2013, before the date ministrator shall evaluate potential sites for ommendations with respect to the site char- of enactment of this Act shall continue in ef- a nuclear waste facility to determine wheth- acterization plan of the Administrator. fect according to the terms of the agreement er the sites are suitable for site characteriza- (4) CONSULTATION AND COOPERATION AGREE- with the Administrator substituted for the tion. MENT.— Secretary. (2) SITES ELIGIBLE FOR REVIEW.—The Ad- (A) REQUIREMENT.—Before selecting a site SEC. 303. ADDITIONAL FUNCTIONS. ministrator shall select sites for evaluation for site characterization, the Administrator In addition to the functions transferred to under paragraph (1) from among sites rec- shall enter into a consultation and coopera- the Administrator under section 301, the Ad- ommended by— tion agreement with—

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.035 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5877 (i) the Governor of the State in which the (A) shall promote the economic and social consent agreement for a repository under site is located; well-being of the people living in the vicinity section 304(f)(4). (ii) the governing body of the affected unit of the repository or storage facility; and SEC. 307. DEFENSE WASTE. of general local government; and (B) may include— (a) DISPOSAL AND STORAGE BY ADMINISTRA- (iii) the governing body of an affected In- (i) financial compensation and incentives; TION.—The Secretary— dian tribe, in the case of— (ii) economic development assistance; (1) shall arrange for the Administrator to (I) a site located within the boundaries of (iii) operational limitations or require- dispose of defense wastes in a repository de- a reservation; or ments; veloped under this Act; and (II) an Indian tribe the federally defined (iv) regulatory oversight authority; and (2) may arrange for the Administrator to possessory or usage rights to land outside of (v) in the case of a storage facility, an en- store spent nuclear fuel from the naval nu- a reservation of which may be substantially forceable deadline for removing nuclear clear propulsion program pending disposal in and adversely affected by the repository or waste from the storage facility. a repository. storage facility. (4) RATIFICATION.—No consent agreement (b) MEMORANDUM OF AGREEMENT.—The ar- (B) CONTENTS.—The consultation and co- entered into under this section shall have rangements shall be covered by a memo- operation agreement shall provide— legal effect unless ratified by law. randum of agreement between the Secretary (i) compensation to the State, any affected (5) BINDING EFFECT.—On ratification by and the Administrator. units of local government, and any affected law, the consent agreement— (c) COSTS.—The portion of the cost of de- Indian tribes for any potential economic, so- (A) shall be binding on the parties; and veloping, constructing, and operating the re- cial, public health and safety, and environ- (B) shall not be amended or revoked except pository or storage facilities under this Act that is attributable to defense wastes shall mental impacts associated with site charac- by mutual agreement of the parties. be allocated to the Federal Government and terization; and (g) SUBMISSION OF LICENSE APPLICATION.— paid by the Federal Government into the (ii) financial and technical assistance to On determining that a site is suitable under Working Capital Fund. enable the State, affected units of local gov- subsection (e) and ratification of a consent (d) PROHIBITION.—No defense waste may be ernment, and affected Indian tribes to mon- agreement under subsection (f), the Adminis- stored or disposed of by the Administrator in itor, review, evaluate, comment on, obtain trator shall submit to the Commission an ap- any storage facility or repository con- information on, and make recommendations plication for a construction authorization structed under this Act or section 312 of the on site characterization activities. for the repository or storage facility. Energy and Water Development and Related (e) FINAL SITE SUITABILITY DETERMINA- SEC. 305. LICENSING NUCLEAR WASTE FACILI- Agencies Appropriations Act, 2013, until TION.— TIES. funds are appropriated to the Working Cap- (1) DETERMINATION REQUIRED.—On comple- (a) RADIATION PROTECTION STANDARDS.— ital Fund in an amount equal to the fees tion of site characterization activities, the Not later than 1 year after the date of enact- that would be paid by contract holders under Administrator shall make a final determina- ment of this Act, the Administrator of the section 302 of the Nuclear Waste Policy Act tion of whether the site is suitable for devel- Environmental Protection Agency, pursuant of 1982 (42 U.S.C. 10222) if such nuclear waste opment as a repository or storage facility. to authority under other provisions of law, were generated by a contract holder. (2) BASIS OF DETERMINATION.—In making a shall adopt, by rule, generally applicable SEC. 308. TRANSPORTATION. determination under paragraph (1), the Ad- standards for protection of the general envi- (a) IN GENERAL.—The Administrator shall ministrator shall determine if— ronment from offsite releases from radio- be responsible for transporting nuclear (A) the site is scientifically and tech- active material in geological repositories. waste— nically suitable for development as a reposi- (b) COMMISSION REGULATIONS.—Not later (1) from the site of a contract holder to a tory or storage facility, taking into ac- than 1 year after the adoption of generally storage facility or repository; count— applicable standards by the Administrator of (2) from a storage facility to a repository; (i) whether the site meets the siting guide- the Environmental Protection Agency under and lines of the Administrator; and subsection (a), the Commission, pursuant to (3) in the case of defense waste, from a De- (ii) whether there is reasonable assurance authority under other provisions of law, partment of Energy site to a repository. that a repository or storage facility at the shall amend the regulations of the Commis- (b) CERTIFIED PACKAGES.—No nuclear waste site will meet— sion governing the licensing of geological re- may be transported under this Act except in (I) the radiation protection standards of positories to be consistent with any com- packages— the Administrator of the Environmental parable standards adopted by the Adminis- (1) the design of which has been certified Protection Agency; and trator of the Environmental Protection by the Commission; and (II) the licensing standards of the Commis- Agency under subsection (a). (2) that have been determined by the Com- sion; and (c) CONSTRUCTION AUTHORIZATION.— mission to satisfy the quality assurance re- (B) development of a repository or storage (1) APPLICABLE LAWS.—The Commission quirements of the Commission. facility at the site is in the national inter- shall consider an application for a construc- (c) NOTIFICATION.—Prior to any transpor- est. tion authorization for a nuclear waste facil- tation of nuclear waste under this Act, the Administrator shall provide advance notifi- (3) PUBLIC HEARINGS.—Before making a ity in accordance with the laws (including cation to States and Indian tribes through final determination under paragraph (1), the regulations) applicable to the applications. whose jurisdiction the Administrator plans Administrator shall hold public hearings in (2) FINAL DECISION.—Not later than 3 years to transport the nuclear waste. the vicinity of the site and at least 1 other after the date of the submission of the appli- (d) TRANSPORTATION ASSISTANCE.— cation, the Commission shall issue a final location within the State in which the site is (1) PUBLIC EDUCATION.—The Administrator located to solicit public comments and rec- decision approving or disapproving the shall conduct a program to provide informa- ommendations on the proposed determina- issuance of a construction authorization. tion to the public about the transportation tion. (3) EXTENSION.—The Commission may ex- of nuclear waste. tend the deadline under paragraph (2) by not (f) CONSENT AGREEMENTS.— (2) TRAINING.—The Administrator shall (1) REQUIREMENT.—On making a final de- more than 1 year if, not less than 30 days be- provide financial and technical assistance to termination of site suitability under sub- fore the deadline, the Commission submits to States and Indian tribes through whose ju- section (e), but before submitting a license Congress and the Administrator a written re- risdiction the Administrator plans to trans- application to the Commission under sub- port that describes— port nuclear waste to train public safety offi- section (g), the Administrator shall enter (A) the reason for failing to meet the dead- cials and other emergency responders on— into a consent agreement with— line; and (A) procedures required for the safe, rou- (A) the Governor of the State in which the (B) the estimated time by which the Com- tine transportation of nuclear waste; and site is located; mission will issue a final decision. (B) procedures for dealing with emergency (B) the governing body of the affected unit SEC. 306. LIMITATION ON STORAGE. response situations involving nuclear waste, of general local government; and (a) IN GENERAL.—Except as provided in including instruction of— (C) if the site is located on a reservation, subsection (b), the Administrator may not (i) government and tribal officials and pub- the governing body of the affected Indian possess, take title to, or store spent nuclear lic safety officers in command and control tribe. fuel at a storage facility licensed under this procedures; (2) CONTENTS.—The consent agreement Act before ratification of a consent agree- (ii) emergency response personnel; and shall— ment for a repository under section 304(f)(4). (iii) radiological protection and emergency (A) contain the terms and conditions on (b) EXCEPTION.—The Administrator may medical personnel. which each State, local government, and In- possess, take title to, and store not more (3) EQUIPMENT.—The Administrator shall dian tribe consents to host the repository or than 10,000 metric tons of spent nuclear fuel provide monetary grants and contributions storage facility; and at a storage facility licensed and constructed in-kind to assist States and Indian tribes (B) express the consent of each State, local pursuant to a cooperative agreement entered through whose jurisdiction the Adminis- government, and Indian tribe to host the re- into before the date of enactment of this Act trator plans to transport nuclear waste for pository or storage facility. under section 312 of the Energy and Water the purpose of acquiring equipment for re- (3) TERMS AND CONDITIONS.—The terms and Development and Related Agencies Appro- sponding to a transportation incident involv- conditions under paragraph (2)(A)— priations Act, 2013, before ratification of a ing nuclear waste.

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(4) TRANSPORTATION SAFETY PROGRAMS.— (1) COURTS OF APPEALS.—Except for review ments in cases arising from the failure of the The Administrator shall provide in-kind, fi- in the Supreme Court, a United States court Secretary failure to meet the deadline of nancial, technical, and other appropriate as- of appeals shall have original and exclusive January 31, 1998, to begin to dispose of nu- sistance to States and Indian tribes through jurisdiction over any civil action— clear waste under contracts entered into whose jurisdiction the Administrator plans (A) for review of any final decision or ac- under section 302(a)(1) of the Nuclear Waste to transport nuclear waste for transpor- tion of the Administrator or the Commission Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall tation safety programs related to shipments under this Act; continue to be paid from the permanent of nuclear waste. (B) alleging the failure of the Adminis- judgment appropriation established pursuant TITLE IV—FUNDING AND LEGAL trator or the Commission to make any deci- to section 1304 of title 31, United States PROCEEDINGS sion, or take any action, required under this Code. Act; (d) NEW CONTRACTS.—Notwithstanding sec- SEC. 401. WORKING CAPITAL FUND. (C) challenging the constitutionality of tion 302(a)(5) of the Nuclear Waste Policy (a) ESTABLISHMENT.—There is established any decision made, or action taken, under Act of 1982 (42 U.S.C. 10222(a)(5)), the Admin- in the Treasury a separate fund, to be known this Act; or istrator shall not enter into any contract as the ‘‘Nuclear Waste Administration Work- (D) for review of any environmental assess- after the date of enactment of this Act that ing Capital Fund’’, which shall be separate ment or environmental impact statement obligates the Administrator to begin dis- from the Nuclear Waste Fund. prepared pursuant to the National Environ- posing of nuclear waste before the Commis- (b) CONTENTS.—The Working Capital Fund mental Policy Act of 1969 (42 U.S.C. 4321 et sion has licensed the Administrator to oper- shall consist of— seq.) with respect to any action under this ate a repository or storage facility. (1) all fees paid by contract holders pursu- Act, or alleging a failure to prepare any such (e) NUCLEAR INDEMNIFICATION.— ant to section 302(a) of the Nuclear Waste assessment or statement with respect to any (1) INDEMNIFICATION AGREEMENTS.—For pur- Policy Act of 1982 (42 U.S.C. 10222(a)) on or such action. poses of section 170 of the Atomic Energy after the date of enactment of this Act, (2) VENUE.—The venue of any proceeding Act of 1954 (42 U.S.C. 2210) (commonly known which shall be paid into the Working Capital under this section shall be in— as the ‘‘Price-Anderson Act’’)— Fund— (A) the judicial circuit in which the peti- (A) any person that conducts nuclear waste (A) notwithstanding section 302(c)(1) of the tioner involved resides or has the principal activities under a contract with the Admin- Nuclear Waste Policy Act of 1982 (42 U.S.C. office of the petitioner; or istrator that may involve the risk of public 10222(c)(1)); and (B) the United States Court of Appeals for liability shall be treated as a contractor of (B) immediately on the payment of the the District of Columbia Circuit. the Secretary; and fees; (b) DEADLINE FOR COMMENCING ACTION.— (B) the Secretary shall enter into an agree- (2) any appropriations made by Congress to (1) IN GENERAL.—Except as provided in ment of indemnification with any person de- pay the share of the cost of the program es- paragraph (2), a civil action for judicial re- scribed in subparagraph (A). tablished under this Act attributable to de- view described in subsection (a)(1) may be (2) CONFORMING AMENDMENT.—Section 11 ff. fense wastes; and brought not later than the date that is 180 of the Atomic Energy Act of 1954 (42 U.S.C. (3) interest paid on the unexpended balance days after the date of the decision or action 2014(ff)) is amended by inserting ‘‘or the Nu- of the Working Capital Fund. or failure to act involved. clear Waste Administration’’ after ‘‘Sec- (c) AVAILABILITY.—All funds deposited in (2) NO KNOWLEDGE OF DECISION OR ACTION.— retary of Energy’’. the Working Capital Fund— If a party shows that the party did not know TITLE V—ADMINISTRATIVE AND SAVINGS (1) shall be immediately available to the of the decision or action complained of (or of PROVISIONS Administrator to carry out the functions of the failure to act) and that a reasonable per- SEC. 501. ADMINISTRATIVE POWERS OF ADMINIS- the Administrator, except to the extent lim- son acting under the circumstances would ited in annual authorization or appropria- TRATOR. not have known, the party may bring a civil The Administrator shall have the power— tion Acts; action not later than 180 days after the date (1) to perform the functions of the Sec- (2) shall remain available until expended; the party acquired actual or constructive retary transferred to the Administrator pur- and knowledge of the decision, action, or failure suant to this Act; (3) shall not be subject to apportionment to act. (2) to enter into contracts with any person under subchapter II of chapter 15 of title 31, SEC. 405. LITIGATION AUTHORITY. who generates or holds title to nuclear waste United States Code. (a) SUPERVISION BY ATTORNEY GENERAL.— generated in a civilian nuclear power reactor (d) USE OF FUND.—Except to the extent The litigation of the Administration shall be limited in annual authorization or appro- for the acceptance of title, subsequent trans- subject to the supervision of the Attorney portation, storage, and disposal of the nu- priation Acts, the Administrator may make General pursuant to chapter 31 of title 28, expenditures from the Working Capital Fund clear waste; United States Code. (3) to enter into and perform contracts, only for purposes of carrying out functions (b) ATTORNEYS OF ADMINISTRATION.—The leases, and cooperative agreements with pub- authorized by this Act. Attorney General may authorize any attor- lic agencies, private organizations, and per- ney of the Administration to conduct any SEC. 402. NUCLEAR WASTE FUND. sons necessary or appropriate to carry out (a) ELIMINATION OF LEGISLATIVE VETO.— civil litigation of the Administration in any Federal court, except the Supreme Court. the functions of the Administrator; Section 302(a)(4) of the Nuclear Waste Policy (4) to acquire, in the name of the United SEC. 406. LIABILITIES. Act of 1982 (42 U.S.C. 10222(a)(4)) is amended States, real estate for the construction, op- (a) PENDING LEGAL PROCEEDINGS.—Any in the last sentence by striking ‘‘transmittal eration, and decommissioning of nuclear suit, cause of action, or judicial proceeding unless’’ and all that follows through the end waste facilities; of the sentence and inserting ‘‘transmittal.’’. commenced by or against the Secretary re- lating to functions or contracts transferred (5) to obtain from the Administrator of (b) INTEREST ON UNEXPENDED BALANCES.— General Services the services the Adminis- Section 302(e)(3) of the Nuclear Waste Policy to the Administrator by this Act shall— (1) not abate by reason of the enactment of trator of General Services is authorized to Act of 1982 (42 U.S.C. 10222(e)(3)) is amended— provide agencies of the United States, on the (1) by striking ‘‘Secretary’’ the first, sec- this Act; and (2) continue in effect with the Adminis- same basis as those services are provided to ond, and fourth place it appears and insert- other agencies of the United States; ing ‘‘Administrator of the Nuclear Waste Ad- trator substituted for the Secretary. (b) SETTLEMENT OF PENDING LITIGATION; (6) to conduct nongeneric research, devel- ministration’’; and opment, and demonstration activities nec- (2) by striking ‘‘the Waste Fund’’ each CONTRACT MODIFICATION.— (1) SETTLEMENT.—The Attorney General, in essary or appropriate to carrying out the place it appears and inserting ‘‘the Waste functions of the Administrator; and Fund or the Working Capital Fund estab- consultation with the Administrator, shall settle all claims against the United States (7) to make such rules and regulations, not lished by section 401 of the Nuclear Waste inconsistent with this Act, as may be nec- Administration Act of 2012’’. by a contract holder for the breach of a con- tract for the disposal of nuclear waste under essary to carry out the functions of the Ad- SEC. 403. FULL COST RECOVERY. section 302(a) of the Nuclear Waste Policy ministrator. In determining whether insufficient or ex- Act of 1982 (42 U.S.C. 10222(a)) as a condition SEC. 502. PERSONNEL. cess revenues are being collected to ensure precedent of the agreement of the Adminis- (a) OFFICERS AND EMPLOYEES.— full cost recovery under section 302(a)(4) of trator to take title to and store the nuclear (1) APPOINTMENT.—In addition to the senior the Nuclear Waste Policy Act of 1982 (42 waste of the contract holder at a storage fa- officers described in section 203, the Admin- U.S.C. 10222(a)(4)), the Administrator shall— cility. istrator may appoint and fix the compensa- (1) assume that sufficient funds will be ap- (2) CONTRACT MODIFICATION.—The Adminis- tion of such officers and employees as may propriated to the Nuclear Waste Fund to trator and contract holders shall modify con- be necessary to carry out the functions of cover the costs attributable to disposal of de- tracts entered into under section 302(a) of the Administration. fense wastes; and the Nuclear Waste Policy Act of 1982 (42 (2) COMPENSATION.—Except as provided in (2) take into account the additional costs U.S.C. 10222(a)) in accordance with the set- paragraph (3), officers and employees ap- resulting from the enactment of this Act. tlement under paragraph (1). pointed under this subsection shall be ap- SEC. 404. JUDICIAL REVIEW. (c) PAYMENT OF JUDGMENTS AND SETTLE- pointed in accordance with the civil service (a) JURISDICTION.— MENTS.—Payment of judgments and settle- laws and the compensation of the officers

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.035 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5879 and employees shall be fixed in accordance this Act, the Administrator shall submit a and Water Development and Related Agen- with title 5, United States Code. proposed mission plan for comment to— cies Appropriations Act, 2013, before the date (3) EXCEPTION.—Notwithstanding para- (1) Congress; of enactment of this Act in accordance graph (2), the Administrator may, to the ex- (2) the Oversight Board; with— tent the Administrator determines necessary (3) the Commission; (1) the terms of the cooperative agreement; to discharge the responsibilities of the Ad- (4) the Nuclear Waste Technical Review and ministrator— Board established by section 502 of the Nu- (2) section 312 of the Energy and Water De- (A) appoint exceptionally well qualified in- clear Waste Policy Act of 1982 (42 U.S.C. velopment and Related Agencies Appropria- dividuals to scientific, engineering, or other 10262); tions Act, 2013. critical positions without regard to the pro- (5) the States; (d) TERMINATIONS.—The authority for each visions of chapter 33 of title 5, United States (6) affected Indian tribes; and function of the Secretary relating to the Code, governing appointments in the com- (7) such other interested persons as the Ad- siting, construction, and operation of reposi- petitive service; and ministrator considers appropriate. tories, storage facilities, or test and evalua- (B) fix the basic pay of any individual ap- (d) PUBLIC NOTICE AND COMMENT.—On sub- tion facilities not transferred to the Admin- pointed under subparagraph (A) at a rate of mitting the proposed mission plan for com- istrator under this Act shall terminate on not more than level I of the Executive ment under subsection (c), the Adminis- the date of enactment of this Act, including Schedule without regard to the civil service trator shall— the authority— laws, except that the total annual compensa- (1) publish a notice in the Federal Register (1) to provide interim storage or mon- tion of the individual shall be at a rate of of the availability of the proposed mission itored, retrievable storage under subtitles B not more than the highest total annual com- plan for public comment; and and C of title I of the Nuclear Waste Policy pensation payable under section 104 of title (2) provided interested persons an oppor- Act of 1982 (42 U.S.C. 10151 et seq.); 3, United States Code. tunity to comment on the proposed plan. (2) to site or construct a test and evalua- (4) MERIT PRINCIPLES.—The Administrator (e) SUBMISSION OF FINAL MISSION PLAN.— tion facility under title II of the Nuclear shall ensure that the exercise of the author- After consideration of the comments re- Waste Policy Act of 1982 (42 U.S.C. 10191 et ity granted under paragraph (3) is consistent ceived, the Administrator shall— seq.); and with the merit principles of section 2301 of (1) revise the proposed mission plan to the (3) to issue requests for proposals or enter title 5, United States Code. extent that the Administrator considers ap- into agreements under section 312 of the En- (b) EXPERTS AND CONSULTANTS.—The Ad- propriate; and ergy and Water Development and Related ministrator may obtain the temporary or (2) submit the final mission plan to Con- Agencies Appropriations Act, 2013. intermittent services of experts or consult- gress, the President, and the Oversight SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD ants as authorized by section 3109 of title 5, Board. OF SPENT FUEL STORAGE AND DIS- United States Code. (f) REVISION OF THE MISSION PLAN.—The POSAL. (c) ADVISORY COMMITTEES.— Administrator shall— (a) JOINT NOTICE.—Not later than 90 days (1) ESTABLISHMENT.—The Administrator (1) revise the mission plan, as appropriate, after the date of enactment of this Act and may establish, in accordance with the Fed- to reflect major changes in the planned ac- annually for 5 succeeding years, the Sec- eral Advisory Committee Act (5 U.S.C. App.), tivities, schedules, milestones, and cost esti- retary and the Commission shall update and such advisory committees as the Adminis- mates reported in the mission plan; and publish in the Federal Register the joint no- trator may consider appropriate to assist in (2) submit the revised mission plan to Con- tice required by section 223(b) of the Nuclear the performance of the functions of the Ad- gress, the President, and the Oversight Waste Policy Act of 1982 (42 U.S.C. 10203(b)). ministrator. Board prior to implementing the proposed (b) INFORMING FOREIGN GOVERNMENTS.—As (2) COMPENSATION.—A member of an advi- changes. soon as practicable after the date of the pub- lication of the annual joint notice described sory committee, other than a full-time em- SEC. 505. ANNUAL REPORTS. ployees of the Federal Government, may be in subsection (a), the Secretary of State (a) IN GENERAL.—The Administrator shall shall inform the governments of nations and allowed travel expenses, including per diem annually prepare and submit to Congress, organizations operating nuclear power in lieu of subsistence, as authorized by sec- the President, and the Oversight Board a plants, solicit expressions of interest, and tion 5703 of title 5, United States Code, for comprehensive report on the activities and transmit any such expressions of interest to individuals in the Government service with- expenditures of the Administration. out pay, while attending meetings of the ad- the Secretary and the Commission, as pro- (b) MANAGEMENT REPORT.—The annual re- vided in section 223(c) of the Nuclear Waste visory committee or otherwise serving away port submitted under subsection (a) shall in- Policy Act of 1982 (42 U.S.C. 10203(c)). from the homes or regular place of business clude— (c) BUDGET REQUESTS.—The President shall of the member at the request of the Adminis- (1) the annual management report required include in the budget request of the Presi- trator. under section 9106 of title 31, United States dent for the Commission and the Department SEC. 503. OFFICES. Code; and of Energy for each of fiscal years 2014 (a) PRINCIPAL OFFICE.—The principal office (2) the report on any audit of the financial through 2019 such funding requests for a pro- of the Administration shall be in or near the statements of the Administration conducted gram of cooperation and technical assistance District of Columbia. under section 9105 of title 31, United States (b) FIELD OFFICES.—The Administrator with nations in the fields of spent nuclear Code. may maintain such field offices as the Ad- fuel storage and disposal as the President de- ministrator considers necessary to carry out SEC. 506. SAVINGS PROVISIONS; TERMINATIONS. termines appropriate in light of expressions the functions of the Administrator. (a) COMMISSION PROCEEDINGS.—This Act of interest in the cooperation and assistance. SEC. 504. MISSION PLAN. shall not affect any proceeding or any appli- (d) ELIGIBILITY.—Notwithstanding any lim- (a) IN GENERAL.—The Administrator shall cation for any license or permit pending be- itation on cooperation and technical assist- prepare a comprehensive report (referred to fore the Commission on the date of enact- ance to non-nuclear weapon states under sec- in this section as the ‘‘mission plan’’), which ment of this Act. tion 223 of the Nuclear Waste Policy Act of shall— (b) AUTHORITY OF THE SECRETARY.—This 1982 (42 U.S.C. 10203), the Secretary and the (1) provide an informational basis suffi- Act shall not transfer or affect the authority Commission may cooperate with and provide cient to permit informed decisions to be of the Secretary with respect to— technical assistance to nuclear weapon made in carrying out the functions of the (1) the maintenance, treatment, pack- states, if the Secretary and the Commission Administrator; and aging, and storage of defense wastes at De- determine the cooperation and technical as- (2) provide verifiable indicators for over- partment of Energy sites prior to delivery sistance is in the national interest. sight of the performance of the Adminis- to, and acceptance by, the Administrator for SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW trator. disposal in a repository; BOARD. (b) CONTENTS.—The mission plan shall in- (2) the conduct of generic research, devel- (a) ELIGIBILITY.—Section 502(b)(3)(C)(iii)(I) clude— opment, and demonstration activities re- of the Nuclear Waste Policy Act of 1982 (42 (1) a description of the actions the Admin- lated to nuclear waste management, includ- U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by in- istrator plans to take to carry out the func- ing proliferation-resistant advanced fuel re- serting ‘‘or the Nuclear Waste Administra- tions of the Administrator under this Act; cycling and transmutation technologies that tion’’ after ‘‘the Department of Energy’’. (2) schedules and milestones for carrying minimize environmental and public health (b) FUNCTIONS.—Section 503 of the Nuclear out the functions of the Administrator; and and safety impacts; and Waste Policy Act of 1982 (42 U.S.C. 10263) is (3) an estimate of the amounts that the (3) training and workforce development amended by striking ‘‘Secretary after the Administration will need Congress to appro- programs relating to nuclear waste manage- date of the enactment of the Nuclear Waste priate from the Nuclear Waste Fund (in addi- ment. Policy Amendments Act of 1987’’ and insert- tion to amounts expected to be available (c) PILOT PROGRAM.—Nothwithstanding ing ‘‘Nuclear Waste Administrator after the from the Working Capital Fund) to carry out section 304, the Administrator may proceed date of enactment of the Nuclear Waste Ad- the functions of the Nuclear Waste Fund, on with the siting and licensing of 1 or more ministration Act of 2012’’. an annual basis. consolidated storage facilities under a coop- (c) PRODUCTION OF DOCUMENTS.—Section (c) PROPOSED MISSION PLAN.—Not later erative agreement entered into by the Sec- 504(b) of the Nuclear Waste Policy Act of 1982 than 1 year after the date of enactment of retary pursuant to section 312 of the Energy (42 U.S.C. 10264(b)) is amended by striking

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.035 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5880 CONGRESSIONAL RECORD — SENATE August 1, 2012 ‘‘Secretary’’ each place it appears and insert- 15, being given an opportunity to be system but lost in their schools be- ing ‘‘Nuclear Waste Administrator’’. adopted into the loving arms of a sta- cause of the difficulty in getting access (d) REPORTS.—Section 508 of the Nuclear ble family who will raise that child or to education records under the guise Waste Policy Act of 1982 (42 U.S.C. 10268) is children as their own or to be reunified that these records should be private, et amended in the first sentence by striking ‘‘Congress and the Secretary’’ and inserting with loving family members is ideal. cetera. ‘‘Congress, the Nuclear Waste Adminis- As I said, governments do many What is happening is some of these trator, and the Nuclear Waste Oversight things well, but raising children isn’t privacy rules are not protecting the Board’’. one of them. Human beings raise other children, they are protecting the sys- (e) TERMINATION.—Section 510 of the Nu- human beings, and we need to do a bet- tem that is broken, and that is the clear Waste Policy Act of 1982 (42 U.S.C. ter job of placing our children in qual- problem. We are doing everything we 10270) is amended by striking ‘‘Secretary’’ ity, temporary foster homes, and then can to protect the privacy of the child, and inserting ‘‘Nuclear Waste Adminis- finding permanent, loving homes. but what is happening is some of these trator’’. We have this crazy notion in America privacy rules are putting up a screen so SEC. 509. REPEAL OF VOLUME LIMITATION. and around the world that children are that we can’t find out that the school Section 114(d) of the Nuclear Waste Policy grown when they are 18, so we put all Act of 1982 (42 U.S.C. 10134(d)) is amended by is not doing its job on behalf of the striking the second and third sentences. of their belongings in a plastic bag and child, or the social workers are not we say goodbye to them, and we tell doing their job on behalf of the child. By Ms. LANDRIEU (for herself, them: Please forget my cell phone So this simply streamlines the proc- Mr. GRASSLEY, Mr. BEGICH, Mr. number because you have aged out of ess of making sure academic records BLUNT, Mrs. BOXER, Mr. the system. can be accessed by foster families—ei- FRANKEN, and Ms. KLOBUCHAR): Several of us have been working for ther adoptive families or guardians— S. 3472. A bill to amend the Family years, including former Senator without having to go through the Educational Rights and Privacy Act of Chafee, for one, to create more perma- courts for a long, extended timeframe. 1974 to provide improvements to such nent opportunities for extended, inde- I think this is an important change. Act; to the Committee on Health, Edu- pendent living. While I support that—it It is one of probably 100 changes to this cation, Labor, and Pensions. is much better than putting their system that need to be made. Of Ms. LANDRIEU. Mr. President, I things in a bag, their few little items course, we can make these new laws in come to the floor to speak about a bill after 18 years, and sending them on Washington. A lot of this has to be car- that I have the pleasure of helping to their way—we now can extend that ried out with heart and compassion and lead with several of my colleagues, par- help until they are 21. However, what common sense, which, unfortunately, ticularly Senator GRASSLEY, who has we really need to be doing is finding we cannot legislate from Washington. been my long-standing partner and a families for these children. But what we can do is try, when we see wonderful cochair of the foster care I am 57 and I still need my family. I a problem—this problem was identified caucus. There are any number of us, still talk to my mother and father al- not by me or by my staff. It was actu- Republicans and Democrats, who have most every day. I was with my family ally identified by foster youth who our eyes on and our hearts connected this weekend. They will be with me and came up here this summer to intern to the 500,000 children who are tech- have been with me for every important and brought to our attention the issue moment of my life. When did somebody nically being raised by the govern- that some of their records are not ac- get a notion that children don’t need a ment. cessible to their foster families who are The government does many things family after they are 18? It is a silly trying their best to raise them and to well, but raising children isn’t one of notion, and it is not even true. We help them, et cetera. So the young peo- would not send our own children into them. So it is our responsibility, when ple themselves have asked for this the world alone by themselves. So our we enter into or respond to a case of change. We are happy to accommodate whole foster system needs great re- abuse, gross abuse, neglect, or gross ne- that request. form, and we are working on that. glect, that we respond appropriately by Let me end by saying again, there But one piece of this system that are over 480,000—about 400,000 to removing children from homes who needs reform is what we are trying to 500,000—children who are in our foster have, unfortunately, been tortured at address today by introducing the Unin- care system representing less than one- times by their own parents. That, of terrupted Scholars Act, which is a bill half of 1 percent of all the children in course, is inconceivable to me and to that Senator GRASSLEY and many oth- America, which is about 100 million. many, but, unfortunately, it happens. ers, including Senator BEGICH, Senator But it is an important one-half of 1 per- So we remove children—hopefully BLUNT, Senator BOXER, Senator cent because these are children whose temporarily—until the situation at FRANKEN, and Senator KLOBUCHAR have families have failed them terribly. home can be addressed with commu- graciously agreed to cosponsor and pro- These are children who are vulnerable nity services, faith-based services and vide their leadership. Congresswoman and need us to love them extra spe- support, where the children can be re- BASS is a U.S. Representative from cially, to help them extra specially. united with parents who have been California’s 33rd District. She, along That is what some of us spend a good healed, possibly, of their situation. with Congresswoman BACHMANN from bit of our time trying to do because That is not always the case, and we Minnesota, Congressman MARINO from they are willing and able to become work as quickly as we can to find re- Pennsylvania, and Congressman great citizens of our Nation but need sponsible and able relatives to take in MCDERMOTT from Washington State, that extra special help. the child—willing and able relatives, has introduced the same bipartisan bill So this Uninterrupted Scholars Act the law says, to take in the child with in the House. So we are very excited will give access, appropriately with sibling groups intact. If that is not pos- about the strong bipartisan support for protections, to their academic records. sible, then we seek to find a family in this bill. Senator FRANKEN has a bill to give the community that will adopt these All this bill says—and it makes such them choice in public schools to help children. sense I can’t believe it is not in the law give them stability in their public The thing I want to say about these already—is that when a child comes schools, so they can stay with their wonderful children is that while their into the care of the government, the friends, their teachers, as they, unfor- families may be broken—families may government agency responsible for the tunately, have to move around in the disintegrate for all sorts of reasons, in- care of this child—now it is not parents system. cluding mental health, drug abuse, un- any longer because the parents’ rights Many people will benefit—most im- controllable violence, criminal activity either have been terminated or are in portantly, the youth involved. that disintegrates the family, and chil- the process of being terminated—the dren are most certainly affected—these government will have the right, or the By Mr. INHOFE: children, in many instances, aren’t bro- agencies representing the government, S. 3473. A bill to replace automatic ken. Their families are broken. The to their academic records. spending cuts with targeted reforms, possibility of these children, from the What is happening now is foster chil- and for other purposes; to the Com- ages of zero to 1 or 2 or 3 or 9 or 12 or dren are getting lost not only in the mittee on Finance.

VerDate Mar 15 2010 05:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.035 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5881 Mr. INHOFE. Mr. President, I am the Obama sequestration cuts—in addi- The third thing it does is it block waiting now for them to bring up a bill tion to what he has already cut, it grants the Food Stamp Program and I have filed today and will have a num- would be ‘‘devastating to the mili- converts it into a discretionary pro- ber to go with it which I will announce tary.’’ That means we would have the gram so States have complete control in a moment. smallest ground fleet since the 1940s, over the design of their nutrition as- First of all, let me say that the talk we would have the smallest fleet of sistance programs to best meet the of the whole country right now is on ships since 1915, and the smallest tac- needs of their low-income populations. the sequestration problems we are hav- tical fighter capability or force in the This provision reverses the massive ex- ing. I would only observe that I don’t history of the Air Force. pansion we have seen of the Food know why it is so difficult for people to So if we want the United States to Stamp Program under the Obama ad- understand, but President Obama has continue providing the type of global ministration, which has literally dou- written four budgets and these budgets leadership our people have come to ex- bled in size, up to 100 percent, since he have come before us, and if we add up pect and meet the expectations of the took office. all of the deficits in the four budgets, it American people—when we talk to the On President Obama’s inauguration comes to $5.3 trillion worth of deficits. American people, they are shocked day, just under 32 million people were I suggest that is more deficit than all when they find out other countries on food stamps. Today, it is more than Presidents in the history of this coun- have things that are better than we 46 million people, and they receive try for the past 200-plus years. have. these benefits. It is going to have to So, people say, how did we get into If we want to beat this, then we are stop. It will continue to go up if we do this mess? Because when we have those going to have to do something about, not do something about it. This provi- kinds of deficits over a period of time, No. 1, what is happening to the mili- sion saves $285 billion. we wonder where it is coming from. Let tary; and No. 2, the sequestration. By the way, I think it is important to me tell my colleagues where it didn’t I have it all in one bill. In a minute know, when we look at the farm pro- come from, where it wasn’t spent, and we will get a number for that bill. Any- gram, the farm program is a welfare that is military. way, it is called the Sequestration Pre- program because they increase all I went over the first budget President vention Act of 2012. It replaces the se- these provisions and call it part of the Obama had. I went over to Afghanistan questration cuts with some smart re- farm bill. But that is a different sub- so I could make sure I could get the at- forms, and I am going to go over those ject, and I will talk about it later, not tention of the American people and let in a minute to show my colleagues today but later. them know how this disarming of what they are. It replaces the $1.2 tril- The fourth thing the legislation does America by President Obama is going. lion and then has a lot of money left is it reduces the Federal workforce by 10 percent through attrition. Nobody Of course, if one of my colleagues was over. part of that first budget, they would Let me just kind of go over what this out there is going to be fired. There are know that it cut out our only fifth-gen- bill would do. People keep saying: We not going to be any cuts. In fact, it eration fighter, the F–22; our lift capac- cannot do anything about it. We can- would continue to have some modest ity, the C–17; the future combat sys- not do anything about the sequestra- increases in payment for those who are there. Through attrition, the savings tem; the ground based interceptor in tion, the cuts. would be about $144 billion over 10 Poland. That was just the first budget. We had this great committee that years. Then it has gotten worse since that was supposed to be out there finding The fifth thing the bill does is it re- $1.2 trillion over a 10-year period and time. Since there isn’t time to go over peals the authority of the Federal Gov- yet we have a President who was able that detail year by year, I can only say ernment to spend taxpayer dollars on to give us deficits of five times that that the President has already cut in climate change or global warming. his budget over the next decade $487 much over just a 4-year period. This is kind of interesting because very 1 What it does, first of all, to come up billion, roughly $500 billion, $ ⁄2 tril- few people know that—even though with this $1.2 trillion, plus rebuilding lion—from defense spending over the they remember that every time there the military—we want to rebuild the next 10 years. has been a bill on cap and trade, there I would suggest to my colleagues military, in my estimation, up to 4 per- is a cost to the American people of that the American people—this is cent of GDP. For the last 100 years, somewhere between $300 billion and something that is very frustrating, be- prior to 1990—for 100 years—the aver- $400 billion a year, and people’s heads cause they assume that when we send age defense spending constituted 5.7 start spinning when we talk about our kids into battle, they have the best percent of GDP. That was the average, these large amounts. Sometimes in my of equipment, and this just flat isn’t in times of war and in times of peace. State of Oklahoma, what I have done is true. The British have an AS90, a How- Now it is all the way down, after his se- take the total number of families who itzer that is better than ours. The Rus- questration, to below 3 percent; in file Federal tax returns and then I sians have the 2S19 that is better than other words, about half of that. apply this to it. This would be about ours. Even South Africa has a system What I wish to do with additional $3,000 per family in my State of Okla- that is a better nonline-of-sight cannon funds that come from this bill I am in- homa. Yet even the Director of the than we have in our arsenal. The Chi- troducing today is put that back into EPA admits that if we did this, it nese have a J–10 that is better than the military and bring us up to 4 per- would not reduce CO2 emissions world- ours. In fact, they are now cranking cent of GDP—still considerably less wide. That is the Director of the EPA, them out to where they rival our F–15s, than where we have been over the last Lisa Jackson, and that is on the F–16s, and F/A18s. 100 years. record. I appreciate her honesty in that So the point I am making here is The first thing it does is completely respect. there has been no emphasis. If we go repeal ObamaCare and adopts PAUL If we do this right now—what people out and borrow and increase the deficit RYAN’s approach to block granting the do not know is this President has spent by $5.3 trillion as this President is Medicaid Program so States have com- $68.4 billion since he has been President doing, one would think we would be in plete control over the dollars they use on all this global warming stuff. That a position to have a lot more robust to reach their low-income populations is without authority because we have military, but the military has been with health care assistance. Together, clearly defeated all those bills. What consistently cut over that period of these two changes will reduce spending he has done through regulations is time. by $1.1 trillion over 10 years. what he could not do through legisla- In the event the Obama sequestration Secondly, it returns nondefense dis- tion. But nobody knows about it, until as it is designed right now goes cretionary spending to the 2006 levels. now. Now they know about it. through, that will be another $1⁄2 tril- When this President came in, the Anyway, if we stop doing that over lion that will come out of the military. amount of the nondefense discre- the next 10 years, that will save an ad- Even the President’s own Secretary of tionary spending surged. This would ditional $83 billion. Defense, Secretary Panetta, has said if have a savings over that period of time Finally, the legislation includes com- these cuts take place—talking about of $952 billion. prehensive medical malpractice and

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.057 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5882 CONGRESSIONAL RECORD — SENATE August 1, 2012 tort reform. That is the same thing Action Plan on Women, Peace, and Se- vention, affecting 50,000,000 Americans, and that was passed by the House of Rep- curity; to the Committee on Foreign among the leading reasons for doctors’ visits resentatives and that would save $74 Relations. and missed work; billion over 10 years. Mrs. BOXER. Mr. President, I rise Whereas the Centers for Disease Control All told, all the savings generated today to introduce the Women, Peace, and Prevention finds that in 2003 arthritis would be $2.6 trillion—not $1.2 tril- and Security Act of 2012 with Senators cost the United States economy $128,000,000,000 annually in medical costs and lion—$2.6 trillion over 10 years. So do HUTCHISON, CASEY, SNOWE, SHAHEEN, lost wages; not let anyone tell you, we cannot get GILLIBRAND and SCOTT BROWN. A com- Whereas 27,000,000 Americans suffer from there from here. Clearly, we can get panion bill was also introduced in the osteoarthritis (the most common form of ar- there from here. House of Representatives today by thritis) and almost 80 percent have some de- We use the remaining amount to beef Representatives CARNAHAN, BERMAN gree of movement limitation; up the military to get back to our 4- and SCHAKOWSKY. Whereas the onset of chronic joint pain percent level. I believe if we were to This important legislation will help and osteoarthritis can lead to disability and talk to the average American, they codify the United States National Ac- a loss of personal independence; would say: Yes, let’s go ahead and do tion Plan on Women, Peace, and Secu- Whereas, women along with African Amer- this. Why aren’t we doing it now? rity, which was released by the Obama icans and Latinos, the two largest racial and Let me mention one other thing be- administration in December, 2011, to ethnic minority groups in the United States, fore I conclude; that is, we have some- help further ongoing U.S. initiatives face more severe osteoarthritis and dis- thing called the WARN Act. What that regarding women, peace, and security ability, yet receive less than optimal access does is require the employers—who and the objectives of United Nations to diagnostic, medical, and surgical inter- vention than do other groups; know because of sequestration there Security Council Resolution 1325, are going to be layoffs—to give pink Whereas women and minorities experi- UNSCR 1325. encing chronic diseases (such as diabetes, slips at least 60 days prior to the time UNSCR 1325 calls on all countries to obesity, and heart disease (all medical condi- that will happen. Under sequestration, establish national action plans aimed tions positively impacted by physical activ- if they do not adopt my act, if they do at promoting the inclusion of women in ity)) struggle disproportionately with that, then those pink slips would have conflict resolution efforts and peace- undiagnosed and diagnosed osteoarthritis; to be out there by the 2nd of November. building institutions, such as police Whereas there is a lack of awareness about The President does not want that to services. the connection between musculoskeletal happen. He does not want the Obama This is essential because women and health disparities, increasing physical inac- sequestration to be pointed out and girls are disproportionately impacted tivity levels and disparities in diabetes, obe- identified as to what is causing them by violence and armed conflict. But at sity, and heart disease among women, Afri- to lose their jobs, so he is trying to get the same time, we know that women can-Americans and Latinos, which have a companies not to comply with the are critical to helping prevent violence significant impact on increasing health care WARN Act. before it occurs and resolving crises costs and workforce productivity; Clearly, the WARN Act says ‘‘an em- once they begin. Furthermore, evi- Whereas the first Movement is Life Na- tional Summit in September 2010 facilitated ployer shall not order a plant closing dence shows that integrating women or mass layoff until the end of a 60-day a national dialogue among stakeholders en- into peace-building processes helps pro- gaged in the continuum of care of women, period after the employer serves writ- mote democracy and ensure the likeli- African Americans, and Latinos, about mus- ten notice of such an order.’’ hood of a peace process succeeding. culoskeletal health disparities; The WARN Act states—this is very With the National Action Plan on Whereas the National Movement is Life significant because if there are compa- Women, Peace, and Security, the U.S. Work Group Caucus has been established and nies out there that are listening to the joins the more than 37 other countries the third annual meeting will be held this President when he is asking them not who have released similar National Ac- September 16-18, 2012 in Washington, D.C.; to issue the pink slips, this is what tion Plans recognizing women’s con- Whereas the National Movement is Life would happen to them—it states that tributions to peace building and com- Work Group Caucus will facilitate the devel- ‘‘any employer who orders a plant clos- mitting to support women’s inclusion opment of action plans to help reduce mus- ing or mass layoff in violation of Sec- in all aspects of peace processes. culoskeletal health disparities; and tion 3 . . . shall be liable to each ag- As Chair of the Senate Foreign Rela- Whereas the National Movement is Life grieved employee who suffers an em- tions Subcommittee on International Work Group Caucus seeks to promote early intervention, slow musculoskeletal disease ployment loss as a result of such clos- Operations and Organizations, Human ing or layoff.’’ progression, reduce disability, and encourage Rights, Democracy, and Global Wom- physical activity and daily movement in In other words, if they do not do it, en’s Issues, I am proud of the Obama order to improve the health of those cur- then that opens the doors for all the Administration for undertaking this rently disadvantaged as well as the overall trial lawyers to come in. Just imagine important initiative, and remain com- health of the nation: Now, therefore, be it the cases. At Lockheed Martin, they mitted to continuing to promote the say they are going to have to let go of Resolved, That the Senate— full inclusion of women in all aspects (1) recognizes the musculoskeletal health some 120,000 people. If they had a class of peace-building efforts. disparities present among women, African action suit, each one who was let go I look forward to working with my Americans, and Latinos; would receive something like $1,000. colleagues to pass this important (2) acknowledges the dangers posed to That would be $120 million that com- legislation. these populations, from rising inactivity lev- pany would have to pay. I cannot imag- f els and the impact on increased risk of ine the board of directors of any com- chronic diseases such as diabetes, obesity, pany anywhere in America not com- SUBMITTED RESOLUTIONS and heart disease; plying with this legal act called the (3) seeks to raise public awareness in these WARN Act. communities about osteoarthritis and the SENATE RESOLUTION 535—RECOG- importance of early intervention; By Mrs. BOXER (for herself, Mrs. NIZING THE GOALS AND IDEALS (4) encourages physical activity and daily HUTCHISON, Mr. CASEY, Ms. OF THE MOVEMENT IS LIFE CAU- movement, in order to limit the exaspera- SNOWE, Mrs. SHAHEEN, Mrs. CUS tion of related chronic diseases and loss of GILLIBRAND, and Mr. BROWN of Ms. KLOBUCHAR (for herself and Mr. independence; and Massachusetts): CHAMBLISS) submitted the following (5) commends the Movement is Life Na- S. 3477. A bill to ensure that the resolution; which was referred to the tional Caucus for its efforts in creating a United States promotes women’s mean- Committee on Health, Education, dialogue which draws attention to these health disparities which continue to impact ingful inclusion and participation in Labor, and Pensions: our national economy and many lives around mediation and negotiation processes S. RES. 535 the country. undertaken in order to prevent, miti- Whereas arthritis is the number one cause gate, or resolve violent conflict and of disability in the United States, according implements the United States National to the Centers for Disease Control and Pre-

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.058 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5883 SENATE RESOLUTION 536—DESIG- SENATE RESOLUTION 537—SUP- Resolved, That the Senate supports the NATING SEPTEMBER 9, 2012, AS PORTING THE GOALS AND goals and ideals of National Ovarian Cancer ‘‘NATIONAL FETAL ALCOHOL IDEALS OF NATIONAL OVARIAN Awareness Month. SPECTRUM DISORDERS AWARE- CANCER AWARENESS MONTH f NESS DAY’’ SENATE RESOLUTION 538—DESIG- Ms. STABENOW (for herself, Ms. NATING SEPTEMBER 2012 AS Ms. MURKOWSKI (for herself, Mr. SNOWE, Mr. BENNET, Mr. BLUMENTHAL, ‘‘NATIONAL PROSTATE CANCER JOHNSON of South Dakota, and Mr. Mrs. BOXER, Mr. BROWN of Massachu- AWARENESS MONTH’’ setts, Mr. BROWN of Ohio, Ms. CANT- BEGICH) submitted the following reso- Mr. SESSIONS (for himself, Mr. WELL, Mr. CARDIN, Mrs. FEINSTEIN, Mr. lution; which was considered and CARDIN, Mr. KERRY, Mr. LUGAR, Mr. KERRY, Mr. LAUTENBERG, Mr. MENEN- agreed to: SHELBY, Mr. MENENDEZ, Mr. TESTER, DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. Mr. LIEBERMAN, Mr. WYDEN, Mrs. S. RES. 536 MORAN, Mr. SCHUMER, Mr. TESTER, Mr. HUTCHISON, Mr. ROBERTS, Mr. CRAPO, Whereas the term ‘‘fetal alcohol spectrum UDALL of Colorado, Mr. WEBB, Mr. Mr. CHAMBLISS, Mr. COCHRAN, Mr. ISAK- disorders’’ includes a broader range of condi- WHITEHOUSE, and Ms. MURKOWSKI) sub- SON, Mr. WICKER, Mr. INHOFE, Mr. tions than the term ‘‘fetal alcohol syn- mitted the following resolution; which MORAN, Mr. BROWN of Massachusetts, drome’’ and has replaced the term ‘‘fetal al- cohol syndrome’’ as the umbrella term de- was considered and agreed to: Mr. AKAKA, Mr. KIRK, Ms. MURKOWSKI, and Mrs. FEINSTEIN) submitted the fol- scribing the range of effects that can occur S. RES. 537 in an individual whose mother consumed al- lowing resolution; which was consid- Whereas ovarian cancer is the deadliest of ered and agreed to: cohol during her pregnancy; all gynecologic cancers; S. RES. 538 Whereas fetal alcohol spectrum disorders Whereas ovarian cancer is the 5th leading are the leading cause of cognitive disability cause of cancer deaths among women in the Whereas countless families in the United in Western civilization, including the United United States; States live with prostate cancer; States, and are 100 percent preventable; Whereas approximately 22,000 women will Whereas 1 in 6 males in the United States Whereas fetal alcohol spectrum disorders be diagnosed with ovarian cancer this year, will be diagnosed with prostate cancer dur- are a major cause of numerous social dis- and 15,500 will die from the disease; ing his lifetime; orders, including learning disabilities, school Whereas these deaths are those of our Whereas prostate cancer is the most com- failure, juvenile delinquency, homelessness, mothers, sisters, daughters, family members, monly diagnosed non-skin cancer and the unemployment, mental illness, and crime; and community leaders; second most common cause of cancer-related deaths among males in the United States; Whereas the incidence rate of fetal alcohol Whereas the mortality rate for ovarian Whereas, in 2012, the American Cancer So- syndrome is estimated at 1 out of every 500 cancer has not significantly decreased since the ‘‘War on Cancer’’ was declared, more ciety estimates that 241,740 males will be di- live births and the incidence rate of fetal al- agnosed with prostate cancer, and 28,170 cohol spectrum disorders is estimated at 1 than 40 years ago; Whereas all women are at risk for ovarian males will die from the disease; out of every 100 live births; Whereas 30 percent of newly diagnosed Whereas, in February 1999, a small group of cancer, and 90 percent of women diagnosed with ovarian cancer do not have a family prostate cancer cases occur in males under parents with children who suffer from fetal history that puts them at higher risk; the age of 65; alcohol spectrum disorders united to pro- Whereas some women, such as those with a Whereas, approximately every 14 seconds, a male in the United States turns 50 years old mote awareness of the devastating con- family history of breast or ovarian cancer, and increases his odds of developing cancer, sequences of alcohol consumption during are at higher risk for developing the disease; including prostate cancer; pregnancy by establishing International Whereas the Pap test is sensitive and spe- Whereas African-American males suffer Fetal Alcohol Syndrome Awareness Day; cific to the early detection of cervical can- from a prostate cancer death rate that is Whereas September 9, 1999, became the cer, but not to ovarian cancer; more than twice the death rate of White first International Fetal Alcohol Syndrome Whereas, as of the date of agreement to males from prostate cancer; Awareness Day; this resolution, there is no reliable early de- Whereas obesity is a significant predictor Whereas Bonnie Buxton of Toronto, Can- tection test for ovarian cancer; of the severity of prostate cancer; ada, the co-founder of the first International Whereas many people are unaware that the Whereas the probability that obesity will Fetal Alcohol Syndrome Awareness Day, symptoms of ovarian cancer often include lead to death and high cholesterol levels is asked ‘‘What if . . . a world full of FAS/E bloating, pelvic or abdominal pain, difficulty strongly associated with advanced prostate [Fetal Alcohol Syndrome/Effect] parents all eating or feeling full quickly, urinary symp- cancer; got together on the ninth hour of the ninth toms, and several other symptoms that are Whereas males in the United States with 1 day of the ninth month of the year and asked easily confused with other diseases; family member diagnosed with prostate can- the world to remember that, during the 9 Whereas, in June 2007, the first national cer have a 33 percent chance of being diag- months of pregnancy, a woman should not consensus statement on ovarian cancer nosed with the disease, males with 2 family consume alcohol . . . would the rest of the symptoms was developed to provide consist- members diagnosed have an 83 percent world listen?’’; and ency in describing symptoms to make it chance, and males with 3 family members di- easier for women to learn and remember the Whereas, on the ninth day of the ninth agnosed have a 97 percent chance; symptoms; month of each year since 1999, communities Whereas screening by a digital rectal ex- Whereas there are known methods to re- around the world have observed Inter- amination and a prostate-specific antigen duce the risk of ovarian cancer, including blood test can detect the disease at the early national Fetal Alcohol Syndrome Awareness prophylactic surgery, oral contraceptives, Day: Now, therefore, be it stages, increasing the chances of survival for and breast-feeding; more than 5 years to nearly 100 percent; Resolved, That the Senate— Whereas, due to the lack of a reliable early Whereas only 27.8 percent of males survive (1) designates September 9, 2012, as ‘‘Na- detection test, 75 percent of cases of ovarian more than 5 years if diagnosed with prostate tional Fetal Alcohol Spectrum Disorders cancer are detected at an advanced stage, cancer after the cancer has metastasized; Awareness Day’’; and making the overall 5-year survival rate only Whereas there are no noticeable symptoms (2) calls on the people of the United States 45 percent; of prostate cancer while the cancer is in the to observe National Fetal Alcohol Spectrum Whereas there are factors that are known early stages, making screening critical; Disorders Awareness Day with— to reduce the risk for ovarian cancer and Whereas ongoing research promises further (A) appropriate ceremonies— that play an important role in the preven- improvements in prostate cancer prevention, tion of the disease; (i) to promote awareness of the effects of early detection, and treatment; and Whereas awareness of the symptoms of prenatal exposure to alcohol; Whereas educating people in the United ovarian cancer by women and health care States, including health care providers, (ii) to increase compassion for individuals providers can lead to a quicker diagnosis; about prostate cancer and early detection affected by prenatal exposure to alcohol; Whereas, each year during the month of strategies is crucial to saving the lives of (iii) to minimize the effects of prenatal ex- September, the Ovarian Cancer National Al- males and preserving and protecting fami- posure to alcohol; and liance and its partner members hold a num- lies: Now, therefore, be it (iv) to ensure healthier communities ber of events to increase public awareness of Resolved, That the Senate— across the United States; and ovarian cancer; and (1) designates September 2012 as ‘‘National (B) a moment of reflection during the Whereas September 2012 should be des- Prostate Cancer Awareness Month’’; ninth hour of September 9, 2012, to remember ignated as ‘‘National Ovarian Cancer Aware- (2) declares that steps should be taken— that a woman should not consume alcohol ness Month’’ to increase the awareness of the (A) to raise awareness about the impor- during the 9 months of her pregnancy. public regarding the cancer: tance of screening methods for, and treat- Now, therefore, be it ment of, prostate cancer;

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.041 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5884 CONGRESSIONAL RECORD — SENATE August 1, 2012 (B) to increase research funding in an lution; which was considered and title 38, United States Code, to furnish hos- amount commensurate with the burden of agreed to: pital care and medical services to veterans prostate cancer so that— who were stationed at Camp Lejeune, North S. RES. 540 (i) screening and treatment for prostate Carolina, while the water was contaminated cancer may be improved; Whereas convenient care clinics are health at Camp Lejeune, to improve the provision of (ii) the causes of prostate cancer may be care facilities located in high-traffic retail housing assistance to veterans and their discovered; and outlets that provide affordable and acces- families, and for other purposes, the Clerk of (iii) a cure for prostate cancer may be de- sible care to patients who have little time to the House of Representatives shall make the veloped; and schedule an appointment with a traditional following correction: in section 201, strike (C) to continue to consider ways for im- primary care provider or are otherwise un- ‘‘Andrew Connelly’’ and insert ‘‘Andrew Con- proving access to, and the quality of, health able to schedule such an appointment; nolly’’. Whereas millions of people in the United care services for detecting and treating pros- f tate cancer; and States do not have a primary care provider, (3) calls on the people of the United States, and there is a worsening primary care pro- AMENDMENTS SUBMITTED AND interested groups, and affected persons— vider shortage that will prevent many people PROPOSED from obtaining one in the future; (A) to promote awareness of prostate can- SA 2743. Mr. PAUL submitted an amend- Whereas convenient care clinics have pro- cer; ment intended to be proposed by him to the vided an accessible alternative for more than (B) to take an active role in the fight to bill S. 3414, to enhance the security and resil- 15,000,000 people in the United States since end the devastating effects of prostate can- iency of the cyber and communications in- the first clinic opened in 2000, the number of cer on individuals, families, and the econ- frastructure of the United States; which was convenient care clinics continues to increase omy; and ordered to lie on the table. (C) to observe National Prostate Cancer rapidly, and as of June 2012, there are ap- SA 2744. Mr. HOEVEN submitted an Awareness Month with appropriate cere- proximately 1,350 convenient care clinics in amendment intended to be proposed by him monies and activities. 35 States; to the bill S. 3414, supra; which was ordered Whereas convenient care clinics follow f to lie on the table. rigid industry-wide quality of care and safe- SA 2745. Mr. BROWN of Massachusetts sub- SENATE RESOLUTION 539—DESIG- ty standards; mitted an amendment intended to be pro- NATING OCTOBER 13, 2012, AS Whereas convenient care clinics are staffed posed by him to the bill S. 3414, supra; which ‘‘NATIONAL CHESS DAY’’ by highly qualified health care providers, in- was ordered to lie on the table. cluding advanced practice nurses, physician SA 2746. Ms. LANDRIEU submitted an Mr. ROCKEFELLER (for himself, Mr. assistants, and physicians; amendment intended to be proposed by her ALEXANDER, and Mr. LEVIN) submitted Whereas convenient care clinicians all to the bill S. 3414, supra; which was ordered the following resolution; which was have advanced education in providing qual- to lie on the table. considered and agreed to: ity health care for common episodic ail- SA 2747. Mr. PAUL submitted an amend- ments including cold and flu, skin irritation, ment intended to be proposed by him to the S. RES. 539 and muscle strains and sprains, and can also bill S. 3414, supra; which was ordered to lie Whereas there are more than 80,000 mem- provide immunizations, physicals, and pre- on the table. bers of the United States Chess Federation ventive health screening; SA 2748. Mr. AKAKA (for himself, Mr. (referred to in this preamble as the ‘‘Federa- Whereas convenient care clinics are proven BLUMENTHAL, Mr. COONS, Mr. FRANKEN, Mr. tion’’), and an unknown number of addi- to be a cost-effective alternative to similar SANDERS, Mr. UDALL of New Mexico, Mr. tional people in the United States who play treatment obtained in physicians’ offices, ur- WYDEN, Mr. DURBIN, and Mrs. SHAHEEN) sub- chess without joining an official organiza- gent care clinics, or emergency departments; mitted an amendment intended to be pro- tion; and posed by him to the bill S. 3414, supra; which 1 Whereas approximately ⁄2 of the members Whereas convenient care clinics com- was ordered to lie on the table. of the Federation are members of scholastic plement traditional medical service pro- SA 2749. Mrs. MURRAY (for herself and Ms. chess programs, and many of those members viders by providing extended weekday and LANDRIEU) submitted an amendment in- join the Federation by the age of 10; weekend hours without the need for an ap- tended to be proposed by her to the bill S. Whereas the Federation is very supportive pointment, short wait times, and visits that 3414, supra; which was ordered to lie on the of scholastic chess programs and sponsors a generally last only 15 to 20 minutes: Now, table. SA 2750. Mr. MANCHIN submitted an Certified Chess Coach program that provides therefore, be it amendment intended to be proposed by him the coaches involved in the scholastic chess Resolved, That the Senate— to the bill S. 3414, supra; which was ordered programs with training and ensures schools (1) designates the week of August 6 and students can have confidence in the pro- to lie on the table. through August 10, 2012, as ‘‘National Con- SA 2751. Mr. LIEBERMAN submitted an grams; venient Care Clinic Week’’; Whereas many studies have linked scho- amendment intended to be proposed by him (2) supports the goals and ideals of Na- to the bill S. 3414, supra; which was ordered lastic chess programs to the improvement of tional Convenient Care Clinic Week to raise students’ scores in reading and math, as well to lie on the table. awareness of the need for accessible and SA 2752. Mr. JOHNSON of South Dakota as improved self-esteem; cost-effective health care options to com- Whereas the Federation offers guidance to submitted an amendment intended to be pro- plement the traditional health care model; posed by him to the bill S. 3414, supra; which educators to help incorporate chess into the (3) recognizes that many people in the school curriculum; was ordered to lie on the table. United States face difficulties accessing tra- SA 2753. Mr. JOHNSON of South Dakota Whereas chess is a powerful cognitive ditional models of health care delivery; submitted an amendment intended to be pro- learning tool that can be used to successfully (4) supports the use of convenient care posed by him to the bill S. 3414, supra; which enhance students’ reading skills and under- clinics as an adjunct to the traditional was ordered to lie on the table. standing of math concepts; and model of health care delivery; and SA 2754. Mr. JOHNSON of South Dakota Whereas chess engages students of all (5) calls on the States to support the estab- submitted an amendment intended to be pro- learning styles and strengths and promotes lishment of convenient care clinics so that posed by him to the bill S. 3414, supra; which problem-solving and higher-level thinking more people in the United States will have was ordered to lie on the table. skills: Now, therefore, be it access to the cost-effective and necessary SA 2755. Mr. JOHNSON of South Dakota Resolved, That the Senate— emergent and preventive services provided in submitted an amendment intended to be pro- (1) designates October 13, 2012, as ‘‘Na- the clinics. posed by him to the bill S. 3414, supra; which tional Chess Day’’ to enhance awareness and f was ordered to lie on the table. encourage students and adults to play chess, SA 2756. Mr. JOHNSON of South Dakota a game known to enhance critical-thinking SENATE CONCURRENT RESOLU- submitted an amendment intended to be pro- and problem-solving skills; and TION 55—DIRECTING THE CLERK posed by him to the bill S. 3414, supra; which (2) encourages the people of the United OF THE HOUSE OF REPRESENTA- was ordered to lie on the table. States to observe National Chess Day with TIVES TO MAKE A CORRECTION SA 2757. Mr. JOHNSON of South Dakota appropriate programs and activities. submitted an amendment intended to be pro- IN THE ENROLLMENT OF H.R. f posed by him to the bill S. 3414, supra; which 1627 was ordered to lie on the table. SENATE RESOLUTION 540—DESIG- Mr. HARKIN submitted the following SA 2758. Mr. JOHNSON of South Dakota NATING THE WEEK OF AUGUST 6 concurrent resolution; which was con- submitted an amendment intended to be pro- THROUGH AUGUST 10, 2012, AS sidered and agreed to: posed by him to the bill S. 3414, supra; which ‘‘NATIONAL CONVENIENT CARE was ordered to lie on the table. S. CON. RES. 55 CLINIC WEEK’’ SA 2759. Mr. JOHNSON of South Dakota Resolved by the Senate (the House of Rep- submitted an amendment intended to be pro- Mr. INOUYE (for himself and Mr. resentatives concurring), That, in the enroll- posed by him to the bill S. 3414, supra; which COCHRAN) submitted the following reso- ment of the bill (H.R. 1627) an Act to amend was ordered to lie on the table.

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.046 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5885 SA 2760. Mr. JOHNSON of South Dakota (A) An action to disable a power grid or On page 154, strike line 9, and insert the submitted an amendment intended to be pro- power source that will result in temporary following: posed by him to the bill S. 3414, supra; which or permanent loss of electricity to a civilian SEC. 415. REPORT ON NATIONAL GUARD CYBER- was ordered to lie on the table. area. SECURITY CAPABILITIES. SA 2761. Mr. JOHNSON of South Dakota (B) An action to disable or to cause a tem- Not later than 180 days after the date of submitted an amendment intended to be pro- porary or permanent malfunction of a civil- enactment of this Act, the Secretary, in con- posed by him to the bill S. 3414, supra; which ian water supply, reservoir, or water source. sultation with the Secretary of Defense, was ordered to lie on the table. (C) An action to disable or otherwise cause shall submit to the appropriate committees SA 2762. Mr. JOHNSON of South Dakota a temporary or permanent loss of a civilian of Congress a report on— submitted an amendment intended to be pro- communication system, including telephone, (1) the current cybersecurity defensive, of- posed by him to the bill S. 3414, supra; which electronic mail, or Internet services for a ci- fensive, and training capabilities within the was ordered to lie on the table. vilian population. National Guard; SA 2763. Ms. LANDRIEU submitted an (D) An action to disrupt or disable a civil- (2) the current balance of cybersecurity de- amendment intended to be proposed by her ian transportation network, including, but fensive, offensive, and training capabilities to the bill S. 3414, supra; which was ordered not limited to— across the Active and Reserve components of to lie on the table. (i) a transportation hub; the Armed Forces and whether it achieves SA 2764. Mr. COCHRAN submitted an (ii) a railroad or train; the appropriate balance between capability amendment intended to be proposed by him (iii) motor vehicles; and cost; and to the bill S. 3414, supra; which was ordered (iv) airplanes; and (3) the number of Federal cyber security ci- to lie on the table. (v) traffic signals, including motor vehicle vilian employees who are currently serving SA 2765. Mr. COCHRAN submitted an and railroad traffic signals. as members of the National Guard, including amendment intended to be proposed by him the States and units to which such National (3) DEFENSIVE ACTIONS.—Nothing in this to the bill S. 3414, supra; which was ordered subsection shall be construed to limit the Guard members are assigned. to lie on the table. SEC. 416. MARKETPLACE INFORMATION. SA 2766. Mr. COCHRAN submitted an ability of the President to respond to an im- minent cyber threat to the extent that such amendment intended to be proposed by him Mr. PAUL submitted an to the bill S. 3414, supra; which was ordered response is solely defensive in nature and in- SA 2747. to lie on the table. tended to terminate an ongoing cyber action amendment intended to be proposed by SA 2767. Mr. COCHRAN submitted an that is causing, or is likely to cause, signifi- him to the bill S. 3414, to enhance the amendment intended to be proposed by him cant damage, injury, or loss of life. security and resiliency of the cyber and to the bill S. 3414, supra; which was ordered communications infrastructure of the Mr. HOEVEN submitted an to lie on the table. SA 2744. United States; which was ordered to lie SA 2768. Mr. COCHRAN submitted an amendment intended to be proposed by on the table; as follows: amendment intended to be proposed by him him to the bill S. 3414, to enhance the On page 185, line 7, insert ‘‘if a warrant has to the bill S. 3414, supra; which was ordered security and resiliency of the cyber and been obtained and’’ after ‘‘(A)’’. to lie on the table. communications infrastructure of the SA 2769. Mr. LEAHY submitted an amend- United States; which was ordered to lie SA 2748. Mr. AKAKA (for himself, Mr. ment intended to be proposed to amendment on the table; as follows: BLUMENTHAL, Mr. COONS, Mr. FRANKEN, SA 2579 submitted by Mr. LEAHY and in- tended to be proposed to the bill S. 3414, At the end of the bill, add the following: Mr. SANDERS, Mr. UDALL of New Mex- supra; which was ordered to lie on the table. TITLE VIII—MISCELLANEOUS ico, Mr. WYDEN, Mr. DURBIN, and Mrs. SA 2770. Mr. REID (for Mr. CARPER (for SEC. 801. PILOT PROJECT OFFICES OF FEDERAL SHAHEEN) submitted an amendment in- himself, Ms. COLLINS, Mr. BROWN of Massa- PERMIT STREAMLINING PILOT tended to be proposed by him to the chusetts, and Mr. COBURN)) proposed an PROJECT. bill S. 3414, to enhance the security and amendment to the bill S. 1409, to intensify Section 365 of the Energy Policy Act of resiliency of the cyber and communica- efforts to identify, prevent, and recover pay- 2005 (42 U.S.C. 15924) is striking subsection tions infrastructure of the United ment error, waste, fraud, and abuse within (d) and inserting the following: States; which was ordered to lie on the ‘‘(d) PILOT PROJECT OFFICES.—The fol- Federal spending. table; as follows: f lowing Bureau of Land Management Offices shall serve as the Pilot Project offices: On page 105, after the end of the matter be- TEXT OF AMENDMENTS ‘‘(1) Rawlins Field Office, Wyoming. tween lines 11 and 12, insert the following: Mr. PAUL submitted an ‘‘(2) Buffalo Field Office, Wyoming. SEC. 205. PRIVACY BREACH REQUIREMENTS. SA 2743. (a) IN GENERAL.—Subchapter II of chapter amendment intended to be proposed by ‘‘(3) Eastern Montana/Dakotas District, Montana. 35 of title 44, United States Code, as amended him to the bill S. 3414, to enhance the ‘‘(4) Farmington Field Office, New Mexico. by section 201 of this Act, is amended by add- security and resiliency of the cyber and ‘‘(5) Carlsbad Field Office, New Mexico. ing at the end the following: communications infrastructure of the ‘‘(6) Grand Junction/Glenwood Springs ‘‘§ 3559. Privacy breach requirements United States; which was ordered to lie Field Office, Colorado. ‘‘(a) POLICIES AND PROCEDURES.—The Direc- on the table; as follows: ‘‘(7) Vernal Field Office, Utah.’’. tor of the Office of Management and Budget At the end of section 604, add the fol- shall establish and oversee policies and pro- lowing: SA 2745. Mr. BROWN of Massachu- cedures for agencies to follow in the event of (l) CONSTRUCTION.— setts submitted an amendment in- a breach of information security involving (1) IN GENERAL.—Nothing in this Act may tended to be proposed by him to the the disclosure of personally identifiable in- be construed as— bill S. 3414, to enhance the security and formation, including requirements for— ‘‘(1) timely notice to the individuals whose (A) an authorization for any person, entity, resiliency of the cyber and communica- or element of the Federal Government, or personally identifiable information could be tions infrastructure of the United compromised as a result of such breach; any person or entity acting on behalf of an States; which was ordered to lie on the element of the Federal Government, to take, ‘‘(2) timely reporting to a Federal cyberse- authorize, or direct any offensive cyber-re- table; as follows: curity center (as defined in section 708 of the lated action against a foreign country or an On page 51, line 23, insert ‘‘, including Cybersecurity Act of 2012), as designated by entity owned or controlled by a foreign coun- through the use of security analytics when- the Director of the Office of Management try; or ever possible,’’ after ‘‘awareness’’. and Budget; and (B) an authorization for any person, entity, On page 53, line 9, insert ‘‘, including secu- ‘‘(3) additional actions as necessary and ap- or element of the Federal Government, or rity analytics,’’ after ‘‘capabilities’’. propriate, including data breach analysis, any person or entity acting on behalf of an On page 67, line 3, insert ‘‘the use of real- fraud resolution services, identity theft in- element of the Federal Government, to take, time security analytics for’’ before ‘‘report- surance, and credit protection or monitoring authorize, or direct any cyber-related action ing’’. services. if such action is likely to cause death or seri- On page 72, line 1, insert ‘‘, real-time or ‘‘(b) REQUIRED AGENCY ACTION.—The head ous bodily harm to any person outside of the near real-time analysis,’’ after ‘‘security of each agency shall ensure that actions taken in response to a breach of information jurisdiction of the United States, testing’’. security involving the disclosure of person- unless Congress has declared war or other- SA 2746. Ms. LANDRIEU submitted ally identifiable information under the au- wise specifically authorized such action pur- an amendment intended to be proposed thority or control of the agency comply with suant to Article I, section 8, of the Constitu- by her to the bill S. 3414, to enhance policies and procedures established by the tion. the security and resiliency of the cyber Director of the Office of Management and (2) CYBER-RELATED ACTIONS.—For purposes Budget under subsection (a). of this subsection, a cyber-related action in- and communications infrastructure of ‘‘(c) REPORT.—Not later than March 1 of cludes, but is not limited to, any action by the United States; which was ordered each year, the Director of the Office of Man- cyber means as follows: to lie on the table; as follows: agement and Budget shall report to Congress

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.054 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5886 CONGRESSIONAL RECORD — SENATE August 1, 2012 on agency compliance with the policies and on the roles and missions of the National (B) examine the role and authority of— procedures established under subsection Guard in State status (commonly referred to (i) State public utility or service commis- (a).’’. as ‘‘title 32 status’’) in support of the cyber- sions; (b) TECHNICAL AND CONFORMING AMEND- security efforts of the Department of Home- (ii) the Federal Communications Commis- MENT.—The table of sections for subtitle II land Security, the Department of Defense, sion; for chapter 35 of title 44, United States Code, and other departments and agencies of the (iii) the Federal Energy Regulatory Com- as amended by section 201 of this Act, is Federal Government. mission; amended by adding at the end the following: (b) ELEMENTS.—The report required by sub- (iv) the North American Electric Reli- section (a) shall include the following: ‘‘3559. Privacy breach requirements.’’. ability Corporation; (1) A description of the current roles and SEC. 206. AMENDMENTS TO THE E-GOVERNMENT (v) the Department of Energy; and missions of the National Guard in State sta- (vi) the Department; ACT OF 2002. tus in support of the cybersecurity efforts of Section 208(b)(1)(A) of the E-Government (C) review policies on the priorities for re- the Federal Government, and a description storing electrical power; and Act of 2002 (44 U.S.C. 3501 note; Public Law of the policies and authorities governing the 107–347) is amended— (D) consider— discharge of such roles and missions. (i) the voluntary Defense Industrial Base (1) in clause (i), by striking ‘‘or’’ at the (2) A description of the current roles and end; Critical Infrastructure Protection program missions of the National Guard while on ac- of the Department of Defense; and (2) in clause (ii), by striking the period at tive duty in support of the cybersecurity ef- the end and inserting ‘‘; or’’; and (ii) the West Virginia University project forts of the Federal Government, and a com- for Cyber Security in Critical Infrastructure. (3) by adding at the end the following: parison of the costs to organize, train, and ‘‘(iii) using information in an identifiable (b) REPORT.—Not later than 6 months after equip units of the National Guard on active the date of enactment of this Act, the Comp- form purchased, or subscribed to for a fee, duty in support of such efforts with the costs troller General shall submit to Congress a from a commercial data source.’’. to organize, train, and equip units of the reg- report on the study conducted under sub- SEC. 207. AUTHORITY OF THE DIRECTOR OF THE ular components of the Armed Forces with section (a) that includes recommendations, OFFICE OF MANAGEMENT AND the same or similar capabilities in support of BUDGET WITH RESPECT TO FED- if any, to improve the reliability, resiliency, such efforts. and sustainability of, and to reduce any re- ERAL INFORMATION POLICY. (3) A description of potential roles and mis- Section 3504(g) of title 44, United States dundancy in, the critical infrastructure and sions for the National Guard in State status related systems studied. Code, is amended— in support of the cybersecurity efforts of the (1) paragraph (1), by striking ‘‘and’’ at the Federal Government, a description of the SA 2751. Mr. LIEBERMAN submitted end; policies and authorities to govern the dis- (2) in paragraph (2), by striking the period an amendment intended to be proposed charge of such roles and missions, and rec- by him to the bill S. 3414, to enhance at the end and inserting ‘‘; and’’; and ommendations for such legislative or admin- (3) by adding at the end the following: istrative actions as may be required to es- the security and resiliency of the cyber ‘‘(3) designate a Federal Chief Privacy Offi- tablish and implement such roles and mis- and communications infrastructure of cer within the Office of Management and sions. the United States; which was ordered Budget who is a noncareer appointee in a (4) An assessment of the feasability and ad- to lie on the table; as follows: Senior Executive Service position and who is visability of public-private partnerships on On page 6, beginning on line 2, strike ‘‘the a trained and experienced privacy profes- homeland cybersecurity missions involving underlying framework that information sys- sional to carry out the responsibilities of the the National Guard in State status, includ- tems and assets rely on’’ and insert ‘‘infor- Director with regard to privacy.’’. ing the advisability of using pilot programs mation and information systems relied SEC. 208. CIVIL REMEDIES UNDER THE PRIVACY to evaluate feasability and advisability of upon’’. ACT. such partnerships. On page 7, strike line 20 and all that fol- Section 552a(g)(4)(A) of title 5, United (c) APPROPRIATE COMMITTEES OF CONGRESS lows through page 8, line 9, and insert the States Code, is amended— DEFINED.—In this section, the term ‘‘appro- following: (1) by striking ‘‘actual damages’’ and in- priate committees of Congress’’ means— (21) OPERATOR.—The term ‘‘operator’’— serting ‘‘provable damages, including dam- (1) the Committee on Homeland Security (A) means an entity that manages, runs, or ages that are not pecuniary damages,’’; and and Governmental Affairs and the Com- operates, in whole or in part, the day-to-day (2) by striking ‘‘, but in no case shall a per- mittee on Armed Services of the Senate; and operations of critical infrastructure; and son entitled to recovery receive less than the (2) the Committee on Homeland Security (B) may include the owner of critical infra- sum of $1,000’’ and inserting ‘‘or the sum of and the Committee on Armed Services of the structure. House of Representatives. $1,000, whichever is greater.’’. (22) OWNER.—The term ‘‘owner’’— On page 188, lines 5 through 7, strike ‘‘the (A) means an entity that owns critical in- Chief Privacy and Civil Liberties Officer of SA 2750. Mr. MANCHIN submitted an amendment intended to be proposed by frastructure; and the Department of Justice and the Chief Pri- (B) does not include a company contracted vacy Officer of the Department’’ and insert him to the bill S. 3414, to enhance the by the owner to manage, run, or operate that ‘‘the Federal Chief Privacy Officer’’. security and resiliency of the cyber and critical infrastructure, or to provide a spe- On page 191, line 19, strike ‘‘actual dam- communications infrastructure of the cific information technology product or serv- ages’’ and insert ‘‘provable damages, includ- United States; which was ordered to lie ice that is used or incorporated into that ing damages that are not pecuniary dam- on the table; as follows: critical infrastructure. ages,’’ At the end of title IV, add the following: On page 8, beginning on line 14, strike ‘‘, or SEC. 416. GOVERNMENT ACCOUNTABILITY OF- an attempted to cause an incident that, if SA 2749. Mrs. MURRAY (for herself FICE REPORT ON CRITICAL INFRA- successful, would have resulted in’’. and Ms. LANDRIEU) submitted an STRUCTURE OPERATIONS. On page 8, after line 22, insert the fol- amendment intended to be proposed by (a) STUDY.— lowing: her to the bill S. 3414, to enhance the (1) IN GENERAL.—The Comptroller General SEC. 3. RULE OF CONSTRUCTION. security and resiliency of the cyber and of the United States shall conduct a study of (a) DEFINITION.—In this section, the term the efforts and authorities of the Federal ‘‘covered information’’ means information communications infrastructure of the Government and States relating to the resil- collected by a Federal agency solely for sta- United States; which was ordered to lie iency of public and private critical infra- tistical purposes under a pledge of confiden- on the table; as follows: structure operations after natural or man- tiality. On page 11, strike lines 12 and 13 and insert made disasters, cyber attacks, or accidents, (b) RULE OF CONSTRUCTION RELATING TO the following: including the ability to operate critical in- COVERED INFORMATION.—Nothing in this Act as appropriate; frastructure with backup or alternative or an amendment made by this Act shall be (7) the National Guard Bureau; and power generation. construed to alter, amend, or repeal any pro- (8) the Department. (2) CONTENTS.—In conducting the study vision of title 13, United States Code, the At the end of title IV, add the following: under paragraph (1), the Comptroller General International Investment and Trade in Serv- ices Survey Act (22 U.S.C. 3101 et seq.), or the SEC. 416. REPORT ON ROLES AND MISSIONS OF shall— THE NATIONAL GUARD IN STATE (A) examine critical infrastructure, includ- Confidential Information Protection and STATUS IN SUPPORT OF THE CYBER- ing— Statistical Efficiency Act of 2002 (44 U.S.C. SECURITY EFFORTS OF THE FED- (i) fueling stations; 3501 note), or any similar provision of law, ERAL GOVERNMENT. (ii) water treatment facilities; that relates to the unauthorized disclosure (a) REPORT REQUIRED.—Not later than 180 (iii) banking institutions; or use of covered information, except that days after the date of the enactment of this (iv) health care facilities; the head of each Federal agency that collects Act, the Secretary shall, in consultation (v) the Emergency Alert System; covered information pursuant to any such with the Secretary of Defense and the Chief (vi) emergency 911 operations; and provision of law is authorized to disclose the of the National Guard Bureau, submit to the (vii) any other critical infrastructure that covered information to the Secretary to ful- appropriate committees of Congress a report the Comptroller General identifies; fill the information security responsibilities

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.056 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5887 of the head of the Federal agency and the On page 25, strike lines 10 through 17 and On page 47, line 5, strike ‘‘To the max- Secretary under sections 3553 and 3554 of insert the following: imum’’ and all that follows through line 9. title 44, United States Code, as amended by (1) IN GENERAL.—After the Council adopts a On page 47, line 22, after ‘‘protected’’ insert this Act. cybersecurity practice, a relevant sector co- ‘‘, or in accordance with section 3553(d)(3)’’. On page 10, line 7, before ‘‘; and’’ insert ‘‘, ordinating council and the Critical Infra- On page 47, between lines 22 and 23, insert in connection with activities authorized and structure Partnership Advisory Council may the following: conducted in accordance with this title’’. issue a public report evaluating the cyberse- ‘‘(4) CYBERSECURITY SERVICES.—The term On page 10, beginning on line 9, strike curity practice, which may include input ‘‘cybersecurity services’’ means products, ‘‘technical guidance or assistance to owners from appropriate institutions of higher edu- goods, or services intended to detect, miti- and operators consistent with this title’’ and cation, including university information se- gate, or prevent cybersecurity threats. insert ‘‘guidance on the application of cyber- curity centers, national laboratories, and ap- On page 47, line 23, strike ‘‘(4)’’ and insert security practices in accordance with this propriate nongovernmental cybersecurity ‘‘(5)’’. title’’. experts. On page 48, line 8, strike ‘‘(5)’’ and insert On page 10, line 18, insert ‘‘and’’ after the On page 25, line 19, strike ‘‘consider any re- ‘‘(6)’’. semicolon. view conducted’’ and insert ‘‘consider, in ac- On page 49, line 1, strike ‘‘(6)’’ and insert On page 11, strike lines 1 through 13 and in- cordance with subsection (c), any public re- ‘‘(7)’’. sert the following: port issued’’. On page 49, line 4, strike ‘‘(7)’’ and insert (d) MEMBERSHIP.—The Council shall be On page 25, strike lines 21 through 24 and ‘‘(8)’’. comprised of— insert the following: On page 50, line 13, strike ‘‘(8)’’ and insert (1) the Secretary of Commerce; (i) VOLUNTARY GUIDANCE.—At the request ‘‘(9)’’. (2) the Secretary of Defense; of an owner or operator, the Council may On page 53, line 7, strike ‘‘and penetration (3) the Attorney General; provide guidance on the application of cyber- testing’’ and insert ‘‘, penetration testing, (4) the Director of National Intelligence; security practices to the critical infrastruc- and the operation of a continuous moni- (5) the heads of sector-specific Federal ture in accordance with this title. toring capability to provide real-time visi- agencies that are appointed by the Presi- On page 26, line 5, strike ‘‘1 year’’ and in- bility into the condition and status of agen- dent, by and with the advice and consent of sert ‘‘18 months’’. cy information systems’’. the Senate, as determined by the President On page 27, line 13, strike ‘‘an assessment’’ On page 57, beginning on line 21, strike ‘‘or in accordance with subsection (g); and insert ‘‘a third-party assessment, in ac- information security services’’ and insert (6) the heads of Federal agencies with re- cordance with subsection (b),’’. ‘‘services, remote computing services, or cy- sponsibility for regulating the security of On page 28, beginning on line 15, strike bersecurity services’’. critical cyber infrastructure that are ap- ‘‘specific cybersecurity measures that, if im- On page 57, line 24, strike ‘‘or to deploy pointed by the President, by and with the ad- plemented, would’’ and insert ‘‘guidance on countermeasures’’ and insert ‘‘, deploy coun- vice and consent of the Senate, as deter- how to’’. termeasures, or otherwise operate protective mined by the President in accordance with On page 29, line 5, strike ‘‘owner’’ and all capabilities’’. subsection (g); and that follows through line 7, and insert the On page 60, line 17, strike ‘‘Assistant Sec- (7) the Secretary. following: ‘‘owner has effectively imple- retary’’ and all that follows through line 19, On page 12, line 3, after ‘‘provide’’ insert ‘‘, mented cybersecurity measures sufficient to and insert the following: ‘‘Director of the to the maximum extent possible,’’. satisfy the outcome-based cybersecurity National Center for Cybersecurity and Com- On page 12, line 5, after ‘‘provide’’ insert ‘‘, practices established under section 103.’’. munications.’’. to the maximum extent possible,’’. On page 30, line 20, strike ‘‘Subaragraph’’ On page 76, line 5, strike ‘‘section 3553’’ and On page 12, line 8, strike ‘‘A’’ and insert and insert ‘‘Subparagraph’’. insert ‘‘section 3553(d)(3)’’. ‘‘The head of a’’. On page 34, line 15, before ‘‘or’’ insert ‘‘in- On page 77, beginning on line 17, strike On page 12, line 9, strike ‘‘and a’’ and in- cluding under title II of the Homeland Secu- ‘‘under the control of the Department of De- sert ‘‘or a’’. rity Act of 2002 (6 U.S.C. 121 et seq.),’’. fense’’ and insert ‘‘described in section On page 12, line 13, after ‘‘responsibility’’ On page 35, beginning on line 19, strike 3553(g)(2)’’. insert ‘‘, including’’. ‘‘treated as voluntarily shared critical infra- On page 77, beginning on line 20, strike On page 13, line 13, after ‘‘with’’ insert ‘‘ap- structure information under’’ and insert ‘‘af- ‘‘under the control of the Central Intel- propriate’’. forded the protections of’’. ligence Agency’’ and insert ‘‘described in On page 13, line 20, strike ‘‘180 days’’ and On page 36, beginning on line 16, strike section 3553(g)(3)’’. insert ‘‘90 days’’. ‘‘covered critical’’ and insert ‘‘critical On page 77, beginning on line 24, strike On page 15, between lines 9 and 10, insert ‘‘under the control of the Office of the Direc- the following: cyber’’. On page 36, beginning on line 19, strike tor of National Intelligence’’ and insert ‘‘de- (6) INITIAL ASSESSMENTS.—Not later than ‘‘concerns (in addition to any concerns de- scribed in section 3553(g)(4)’’. 270 days after the date of enactment of this scribed under subparagraph (A))’’ and insert On page 81, strike the matter between lines Act, the member agency designated under ‘‘other concerns’’. 15 and 16 and insert the following: paragraph (1) shall complete initial cyber On page 37, line 11, strike ‘‘specifically pro- ‘‘SUBCHAPTER II—INFORMATION SECURITY risk assessments described in paragraph hibited by law or is’’. (2)(B). ‘‘3551. Purposes. On page 37, line 14, after ‘‘affairs’’ insert On page 17, line 16, strike ‘‘damage’’ and ‘‘3552. Definitions. ‘‘or the disclosure of which is otherwise sub- ‘‘3553. Federal information security author- insert ‘‘harm’’. On page 18, line 2, strike ‘‘damage’’ and in- ject to legal restrictions’’. ity and coordination. sert ‘‘harm’’. On page 41, line 4, strike ‘‘1 year’’ and in- ‘‘3554. Agency responsibilities. On page 20, line 5, strike ‘‘180 days’’ and in- sert ‘‘2 years’’. ‘‘3555. Annual assessments. sert ‘‘1 year’’. On page 42, line 16, strike ‘‘covered crit- ‘‘3556. Independent evaluations. On page 20, line 12, strike ‘‘, standards,’’. ical’’ and insert ‘‘critical cyber’’. ‘‘3557. National security systems. On page 20, line 22, after ‘‘with’’ insert ‘‘ap- On page 43, line 14, after ‘‘and’’ insert ‘‘in ‘‘3558. Effect on existing law.’’. propriate’’. connection with affording the protections of On page 90, line 16, before ‘‘National’’ in- On page 21, beginning on line 3, strike ‘‘rel- section 214 of the Homeland Security Act of sert ‘‘functions of the’’. evant security experts and’’ and insert ‘‘ap- 2012 (6 U.S.C. 133) to covered information in On page 90, beginning on line 17, strike ‘‘on propriate security experts,’’. accordance with’’. the date of enactment of the Cybersecurity On page 21, between lines 17 and 18, insert On page 44, beginning on line 6, strike ‘‘a Act of 2012’’ and insert ‘‘transferred to the the following: private sector coordinating council’’ and in- Department’’. (2) NIST INVOLVEMENT.—As part of the sert ‘‘the entity’’. On page 90, line 19, strike ‘‘Order 12472’’ process described in paragraph (1), the Direc- On page 44, line 9, strike ‘‘sector of critical and insert ‘‘Order 13618’’. tor of the National Institute of Standards infrastructure’’ and insert ‘‘critical infra- On page 91, beginning on line 19, strike and Technology shall be invited to provide structure or key resource sector’’. ‘‘National Communications System’’ and in- advice and guidance on any possible amend- On page 44, line 10, after ‘‘Plan’’ insert ‘‘, sert ‘‘functions of the National Communica- ments to the cybersecurity practices and any or any successor plan’’. tions System transferred to the Department additional cybersecurity practices in con- On page 44, line 15, strike ‘‘under the Na- under section 201(g)’’. sultation with appropriate public and private tional’’ and all that follows through line 18, On page 91, line 20, strike ‘‘the’’ and insert stakeholders. and insert the following: ‘‘, as designated by ‘‘their’’. On page 21, line 18, strike ‘‘(2)’’ and insert the President or the President’s designee.’’. On page 91, line 21, strike ‘‘liabilities of ‘‘(3)’’. On page 46, beginning on line 6, strike ‘‘im- the’’ and all that follows through line 24, and On page 21, line 19, strike ‘‘1 year’’ and in- prove and continuously monitor’’ and insert insert ‘‘liabilities.’’. sert ‘‘18 months’’. ‘‘continuously monitor and improve’’. On page 93, line 20, after ‘‘providing’’ insert On page 22, beginning on line 11, strike ‘‘180 On page 46, beginning on line 25, strike ‘‘technical assistance, analysis of incidents, days’’ and insert ‘‘1 year’’. ‘‘the complete set of’’. and other’’. On page 22, line 13, strike ‘‘1 year’’ and in- On page 47, line 2, after ‘‘system’’ insert On page 102, line 5, after ‘‘as’’ insert ‘‘ap- sert ‘‘18 months’’. ‘‘have been implemented and’’. propriate and’’.

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.057 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5888 CONGRESSIONAL RECORD — SENATE August 1, 2012 On page 105, line 23, strike ‘‘authorized’’ States; which was ordered to lie on the tended to be proposed by him to the and insert ‘‘permitted’’. table; as follows: bill S. 3414, to enhance the security and On page 105, line 24, strike ‘‘Code, or’’ and On page 61, between lines 4 and 5, insert resiliency of the cyber and communica- insert ‘‘Code,’’. the following: On page 106, line 2, after ‘‘et seq.)’’ insert ‘‘, tions infrastructure of the United ‘‘(D) CRITICAL INFRASTRUCTURE.—Notwith- or section 3553 of title 44, United States States; which was ordered to lie on the standing subparagraph (A), if an agency Code’’. table; as follows: identifies a system to the Secretary in writ- On page 113, line 19, after ‘‘Communica- On page 51, line 12, strike ‘‘used or’’. ing as a system the disruption of which tions’’ insert ‘‘, and in consultation with the would cause grave damage to the economic Director of the National Institute of Stand- SA 2758. Mr. JOHNSON of South Da- infrastructure of the United States, includ- ards and Technology and the Administrator kota submitted an amendment in- ing a system used to carry out payment, fis- of the National Telecommunications and In- cal agency, lending, or liquidity activities or tended to be proposed by him to the formation Administration’’. Federal open market operations, the Sec- bill S. 3414, to enhance the security and On page 120, line 15, before ‘‘of’’ insert ‘‘and resiliency of the cyber and communica- the Committee on Homeland Security and retary may authorize the use of protective Governmental Affairs’’. capabilities that affect the system only with tions infrastructure of the United On page 120, line 16, after ‘‘Technology’’ in- the concurrence of the head of that agency. States; which was ordered to lie on the sert ‘‘and the Committee on Oversight and table; as follows: SA 2754. Mr. JOHNSON of South Da- Government Reform’’. On page 18, line 25, strike ‘‘or’’ and all that On page 125, line 15, after ‘‘other’’ insert kota submitted an amendment in- follows through page 19, line 2, and insert the ‘‘cybersecurity’’. tended to be proposed by him to the following: On page 128, line 18, after ‘‘Secretary’’ in- bill S. 3414, to enhance the security and (C) a commercial item that organizes or sert ‘‘and the Director of the Office of Per- resiliency of the cyber and communica- communicates information electronically; or sonnel Management’’. tions infrastructure of the United (D) critical infrastructure that is subject On page 130, line 12, strike ‘‘shall’’ and in- States; which was ordered to lie on the to the requirements under subchapter II of sert ‘‘may’’. table; as follows: chapter 35 of title 44, United States Code, as On page 131, line 16, after ‘‘Foundation’’ in- amended by section 201 of this Act. sert ‘‘, in coordination with the Director of On page 60, strike lines 1 through 13 and in- the Office of Personnel Management,’’. sert the following: SA 2759. Mr. JOHNSON of South Da- On page 134, line 6, strike ‘‘all’’ and insert ‘‘(A) IN GENERAL.—If the Secretary deter- kota submitted an amendment in- mines that there is a substantial and immi- ‘‘appropriate’’. tended to be proposed by him to the On page 136, line 17, strike ‘‘engaged in’’ nent threat to agency information systems and insert ‘‘in vacant positions that are part and, after consultation with the affected bill S. 3414, to enhance the security and of the Federal’’. agency, determines that a directive under resiliency of the cyber and communica- On page 147, strike the matter between this subsection is not reasonably likely to tions infrastructure of the United lines 3 and 4 and insert the following: result in a timely response to the threat, the States; which was ordered to lie on the ‘‘Sec. 245. National Center for Cybersecurity Secretary may authorize the use of protec- table; as follows: and Communications acquisi- tive capabilities under the control of the On page 12, between lines 21 and 22, insert tion authorities. Secretary for communications or other sys- the following: ‘‘Sec. 246. Recruitment and retention pro- tem traffic transiting to or from or stored on (h) FEDERAL RESERVE BANKS.—For pur- gram for the National Center an agency information system. If prior con- poses of this title, the Federal agency with for Cybersecurity and Commu- sultation with the affected agency is not rea- responsibility for regulating the security of nications.’’. sonably practicable under the cir- critical cyber infrastructure of the Federal On page 152, strike line 20 and all that fol- cumstances, the Secretary may authorize Reserve Banks is the Board of Governors of lows through page 153, line 14, and insert the the use of the protective capabilities without the Federal Reserve System. following: prior consultation with the affected agency (1) legal or other impediments to appro- for the purpose of ensuring the security of SA 2760. Mr. JOHNSON of South Da- priate public awareness of the nature of, the information or information system or kota submitted an amendment in- methods of propagation of, and damage other agency information systems. tended to be proposed by him to the caused by common cybersecurity threats SA 2755. Mr. JOHNSON of South Da- bill S. 3414, to enhance the security and such as computer viruses, phishing tech- resiliency of the cyber and communica- niques, and malware; and kota submitted an amendment in- tended to be proposed by him to the tions infrastructure of the United (2) a summary of the plans of the Secretary States; which was ordered to lie on the to enhance public awareness of common cy- bill S. 3414, to enhance the security and bersecurity threats, including a description resiliency of the cyber and communica- table; as follows: of the metrics used by the Department for tions infrastructure of the United On page 12, line 12, insert ‘‘or owner’’ after evaluating the efficacy of public awareness States; which was ordered to lie on the ‘‘the sector’’. campaigns. table; as follows: On page 201, line 19, strike ‘‘or’’. SA 2761. Mr. JOHNSON of South Da- On page 201, between lines 19 and 20, insert On page 58, strike lines 18 through 21 and kota submitted an amendment in- the following: insert the following: tended to be proposed by him to the ‘‘(B) EXCEPTION.—The authorities of the (11) to alter or amend the law enforcement bill S. 3414, to enhance the security and or intelligence authorities of any agency or Secretary under this subsection shall not apply to— resiliency of the cyber and communica- Federal cybersecurity center; or tions infrastructure of the United On page 201, line 20, strike ‘‘(11)’’ and insert ‘‘(i) a system described in paragraph (2), ‘‘(12)’’. (3), or (4) of subsection (g); or States; which was ordered to lie on the ‘‘(ii) a system used to carry out payment, table; as follows: SA 2752. Mr. JOHNSON of South Da- fiscal agency, lending, or liquidity activities On page 11, between lines 12 and 13, insert kota submitted an amendment in- or Federal open market operations where the the following: tended to be proposed by him to the disruption of such system could reasonably (7) the Department of the Treasury; and result in catastrophic economic damage to bill S. 3414, to enhance the security and the United States. SA 2762. Mr. JOHNSON of South Da- resiliency of the cyber and communica- kota submitted an amendment in- Mr. JOHNSON of South Da- tions infrastructure of the United SA 2756. tended to be proposed by him to the kota submitted an amendment in- States; which was ordered to lie on the bill S. 3414, to enhance the security and tended to be proposed by him to the table; as follows: resiliency of the cyber and communica- bill S. 3414, to enhance the security and On page 156, line 3, strike ‘‘(1);’’ and all tions infrastructure of the United that follows through ‘‘any public’’ on line 10 resiliency of the cyber and communica- States; which was ordered to lie on the and insert ‘‘(1); and tions infrastructure of the United table; as follows: ‘‘(3) any public’’. States; which was ordered to lie on the On page 11, line 12, strike ‘‘and’’. table; as follows: SA 2753. Mr. JOHNSON of South Da- On page 11, between lines 12 and 13, insert kota submitted an amendment in- On page 55, line 22, insert ‘‘, with the con- the following: currence of the affected agency,’’ after ‘‘the (7) the Department of the Treasury; and tended to be proposed by him to the Secretary’’. On page 11, line 13, strike ‘‘(7)’’ and insert bill S. 3414, to enhance the security and ‘‘(8)’’. resiliency of the cyber and communica- SA 2757. Mr. JOHNSON of South Da- On page 12, line 12, insert ‘‘or owner’’ after tions infrastructure of the United kota submitted an amendment in- ‘‘the sector’’.

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.057 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5889 On page 12, between lines 21 and 22, insert ing as a system the disruption of which clude criteria to evaluate the status of a rep- the following: would cause grave damage to the economic resentative subset of critical communica- (h) FEDERAL RESERVE BANKS.—For pur- infrastructure of the United States, includ- tions infrastructure. poses of this title, the Federal agency with ing a system used to carry out payment, fis- (d) CONNECTIVITY.—The program shall at a responsibility for regulating the security of cal agency, lending, or liquidity activities or minimum provide— critical cyber infrastructure of the Federal Federal open market operations, the Sec- (1) end-to-end connectivity between the Reserve Banks is the Board of Governors of retary may authorize the use of protective National Center for Critical Information the Federal Reserve System. capabilities that affect the system only with Processing and Storage and United States On page 18, line 25, strike ‘‘or’’ and all that the concurrence of the head of that agency. Pacific Command facilities; and follows through page 19, line 2, and insert the On page 61, line 5, strike ‘‘(D)’’ and insert (2) undersea communications between the following: ‘‘(E)’’. mainland of the United States and Europe. (C) a commercial item that organizes or On page 156, line 3, insert ‘‘and’’ after the (e) TERMINATION.—The pilot program es- communicates information electronically; or semicolon. tablished under this section shall terminate (D) critical infrastructure that is subject On page 156, strike lines 4 through 9. 1 year after the date on which the program is to the requirements under subchapter II of On page 156, line 10, strike ‘‘(4)’’ and insert established. chapter 35 of title 44, United States Code, as ‘‘(3)’’. (f) REPORT.—Not later than 6 months after amended by section 201 of this Act. the termination date described in subsection On page 51, line 12, strike ‘‘used or’’. SA 2763. Ms. LANDRIEU submitted (e), the Manager of the National Coordi- On page 55, line 22, insert ‘‘, with the con- an amendment intended to be proposed nating Center for Telecommunications, act- currence of the affected agency,’’ after ‘‘the by her to the bill S. 3414, to enhance ing through the National Communications Secretary’’. System, shall submit to the appropriate Con- On page 58, strike line 18 and all that fol- the security and resiliency of the cyber gressional committees a report on the effec- lows through page 60, line 13, and insert the and communications infrastructure of tiveness and scalability of enhanced critical following: the United States; which was ordered communications infrastructure, including ‘‘(B) EXCEPTION.—The authorities of the to lie on the table; as follows: systems supporting operational and situa- Secretary under this subsection shall not On page 108, line 21, after ‘‘software’’ insert tional awareness, national security, and apply to— ‘‘, hardware, and other cybersecurity tech- emergency preparedness. ‘‘(i) a system described in paragraph (2), nology’’. (3), or (4) of subsection (g); or On page 121, line 6, after ‘‘science’’ insert SA 2765. Mr. COCHRAN submitted an ‘‘(ii) a system used to carry out payment, ‘‘and cyber-engineering’’. amendment intended to be proposed by fiscal agency, lending, or liquidity activities On page 121, line 14, after ‘‘Foundation’’ in- him to the bill S. 3414, to enhance the or Federal open market operations where the sert ‘‘, in consultation with the Secretary,’’. security and resiliency of the cyber and disruption of such system could reasonably On page 124, line 13, strike ‘‘national and communications infrastructure of the result in catastrophic economic damage to statewide’’ and insert ‘‘national, statewide, United States; which was ordered to lie the United States. regional, and local’’. ‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— On page 125, line 24, after ‘‘other’’ insert on the table; as follows: The Secretary shall— ‘‘nonprofit or’’. On page 107, line 1, after ‘‘science’’ insert ‘‘(A) in coordination with the Director of On page 137, between lines 5 and 6, insert ‘‘, legal,’’. the Office of Management and Budget and, as the following: On page 108, strike lines 10 and 11 and in- appropriate, in consultation with operators (e) REPORT.—The Secretary, in coordina- sert the following: of information systems, establish procedures tion with the Director of the Office of Per- amended by subsection (f); governing the circumstances under which a sonnel Management, the Director of Na- (12) how improved education of judges and directive may be issued under this sub- tional Intelligence, the Secretary of Defense, other legal professionals can contribute to section, which shall include— and the Chief Information Officers Council cybersecurity; and ‘‘(i) thresholds and other criteria; established under section 3603 of title 44, (13) any additional objectives the Director ‘‘(ii) privacy and civil liberties protections; United States Code, shall submit a report to or and the appropriate committees of Congress on On page 115, line 11, before ‘‘; and’’ insert ‘‘(iii) providing notice to potentially af- whether the establishment of a national in- the following: ‘‘, including by increasing edu- fected third parties; stitute dedicated to cybersecurity education cational opportunities for judges and other ‘‘(B) specify the reasons for the required and training described under subsection (b) legal professionals’’. action and the duration of the directive; is appropriate. On page 125, line 20, after ‘‘State,’’ insert ‘‘(C) minimize the impact of directives ‘‘national,’’. under this subsection by— SA 2764. Mr. COCHRAN submitted an On page 126, strike lines 9 through 11 and ‘‘(i) adopting the least intrusive means amendment intended to be proposed by insert the following: possible under the circumstances to secure him to the bill S. 3414, to enhance the (F) offensive and defensive cyber oper- the agency information systems; and ations; security and resiliency of the cyber and (G) legal analysis of cyber crime and cy- ‘‘(ii) limiting directives to the shortest pe- communications infrastructure of the riod practicable; and bersecurity; and ‘‘(D) notify the Director of the Office of United States; which was ordered to lie (H) other areas to fulfill the cybersecurity Management and Budget and head of any af- on the table; as follows: At the end of title IV, add the following: fected agency immediately upon the At the appropriate place, insert the fol- SEC. 416. CYBER EDUCATION AT INSTITUTIONS issuance of a directive under this subsection. lowing: OF HIGHER EDUCATION AND CA- REER AND TECHNICAL INSTITU- ‘‘(3) IMMINENT THREATS.— SEC. ll. CRITICAL COMMUNICATIONS INFRA- TIONS. ‘‘(A) IN GENERAL.—If the Secretary deter- STRUCTURE PILOT PROGRAM. The Secretary of Education, in coordina- mines that there is a substantial and immi- (a) DEFINITION.—In this section, the term tion with the Secretary, and after consulta- nent threat to agency information systems ‘‘passive Internet Protocol route analytics’’ tion with appropriate private entities, and, after consultation with the affected means a method for determining behaviors, shall— agency, determines that a directive under patterns, and statuses of Internet Protocol (1) develop model curriculum standards this subsection is not reasonably likely to network equipment and paths without— and guidelines to address cyber safety, cy- result in a timely response to the threat, the (1) actively communicating directly with bersecurity, and cyber ethics for all students Secretary may authorize the use of protec- network equipment, such as routers and enrolled in institutions of higher education, tive capabilities under the control of the switches; or and all students enrolled in career and tech- Secretary for communications or other sys- (2) significantly inspecting the contents of nical institutions, in the United States; and tem traffic transiting to or from or stored on an Internet Protocol network packet. (2) analyze and develop recommended an agency information system. If prior con- (b) ESTABLISHMENT.—Not later than 6 courses for students interested in pursuing sultation with the affected agency is not rea- months after the date of enactment of this careers in information technology, commu- sonably practicable under the cir- Act, the Manager of the National Coordi- nications, computer science, engineering, cumstances, the Secretary may authorize nating Center for Telecommunications, act- law, mathematics, and science, as those sub- the use of the protective capabilities without ing through the National Communications jects relate to cybersecurity. prior consultation with the affected agency System, shall initiate a 12-month pilot pro- for the purpose of ensuring the security of gram to evaluate enhanced critical commu- SA 2766. Mr. COCHRAN submitted an the information or information system or nications infrastructure, including systems amendment intended to be proposed by other agency information systems. supporting operational and situational him to the bill S. 3414, to enhance the On page 61, between lines 4 and 5, insert awareness, national security, and emergency the following: preparedness. security and resiliency of the cyber and ‘‘(D) CRITICAL INFRASTRUCTURE.—Notwith- (c) EVALUATION CRITERIA.—By means of communications infrastructure of the standing subparagraph (A), if an agency passive Internet Protocol route analytics, United States; which was ordered to lie identifies a system to the Secretary in writ- the pilot program under this section shall in- on the table; as follows:

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.060 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5890 CONGRESSIONAL RECORD — SENATE August 1, 2012 On page 174, strike line 12 and all that fol- and the procedures established under sub- gress, in writing, of any designation of a cy- lows through page 180, line 14, and insert the section (a)(2) in as close to real time as pos- bersecurity exchange under this title. following: sible, to provide situational awareness of the (2) REQUIREMENT.—Written notification SEC. 703. CYBERSECURITY EXCHANGES. United States information security posture under paragraph (1) shall include a descrip- (a) DESIGNATION OF CYBERSECURITY EX- and foster information security collabora- tion of the criteria and processes used to CHANGES.—The Secretary of Homeland Secu- tion among information system owners and make the designation. rity, in consultation with the Director of Na- operators; tional Intelligence, the Attorney General, (E) conduct, in consultation with private SA 2767. Mr. COCHRAN submitted an and the Secretary of Defense, shall estab- entities and relevant Federal and other gov- amendment intended to be proposed by lish— ernmental entities, regular assessments of him to the bill S. 3414, to enhance the (1) a process for designating one or more existing and proposed information sharing security and resiliency of the cyber and appropriate civilian Federal entities or non- models to eliminate bureaucratic obstacles communications infrastructure of the Federal entities to serve as cybersecurity ex- to information sharing and identify best United States; which was ordered to lie changes to receive and distribute cybersecu- practices for such sharing; and on the table; as follows: rity threat indicators; (F) coordinate with other Federal entities, as appropriate, to compile and analyze infor- On page 117, strike line 14 and all that fol- (2) procedures to facilitate and ensure the lows to page 119, line 2 and insert the fol- sharing of classified and unclassified cyber- mation about risks and incidents that threaten information systems, including in- lowing: security threat indicators in as close to real (a) ESTABLISHMENT.—Not later than 1 year formation voluntarily submitted in accord- time as possible with appropriate Federal en- after the date of enactment of this Act, the ance with section 704(a) or otherwise in ac- tities and non-Federal entities in accordance Director of the National Science Foundation, cordance with applicable laws. with this title, including through automated in coordination with the Secretary, shall es- (3) SCHEDULE FOR DESIGNATION.—The des- and other means that allow for the imme- tablish cybersecurity research centers based ignation of a lead Federal civilian cybersecu- diate sharing of such indicators in accord- at institutions of higher education and other rity exchange under paragraph (1) shall be ance with this title; and entities that meet the criteria described in made concurrently with the issuance of the (3) a process for identifying certified enti- subsection (b) to develop solutions and strat- interim policies and procedures under sec- ties to receive classified cybersecurity egies that support the efforts of the Federal tion 704(g)(3)(D). threat indicators in accordance with para- Government under this Act in— (d) ADDITIONAL CIVILIAN FEDERAL CYBERSE- graph (2). (1) improving the security and resilience of CURITY EXCHANGES.—In accordance with the (b) PURPOSE.—The purpose of a cybersecu- information infrastructure; process and procedures established in sub- rity exchange is to receive and distribute, in (2) reducing cyber vulnerabilities; section (a), the Secretary, in consultation as close to real time as possible, cybersecu- (3) mitigating the consequences of cyber with the Director of National Intelligence, rity threat indicators in accordance with the attacks on critical infrastructure; the Attorney General, and the Secretary of requirements of this title and the procedures (4) developing awareness training strate- Defense, may designate additional civilian established under subsection (a)(2), and to gies for owners and operators of critical in- Federal entities to receive and distribute cy- thereby avoid unnecessary and duplicative frastructure; and bersecurity threat indicators, if such entities Federal bureaucracy for information sharing (5) diversifying cybersecurity research and are subject to the requirements for use, re- as provided in this title. education. tention, and disclosure of information by a (c) REQUIREMENT FOR A LEAD FEDERAL CI- (b) CRITERIA FOR SELECTION.—In selecting VILIAN CYBERSECURITY EXCHANGE.— cybersecurity exchange under section 704(b) an institution of higher education or other (1) IN GENERAL.—The Secretary, in con- and the special requirements for Federal en- entity to serve as a Research Center for Cy- sultation with the Director of National In- tities under section 704(g). bersecurity, the Director of the National telligence, the Attorney General, and the (e) REQUIREMENTS FOR NON-FEDERAL CY- Science Foundation shall consider— Secretary of Defense, shall designate a civil- BERSECURITY EXCHANGES.— (1) demonstrated expertise in systems se- ian Federal entity as the lead cybersecurity (1) IN GENERAL.—In considering whether to curity, wireless security, networking and exchange to serve as a focal point within the designate a private entity or any other non- protocols, formal methods and high-perform- Federal Government for cybersecurity infor- Federal entity as a cybersecurity exchange ance computing, nanotechnology, and indus- mation sharing among Federal entities and to receive and distribute cybersecurity trial control systems; with non-Federal entities. threat indicators under section 704, and what (2) demonstrated capability to conduct (2) RESPONSIBILITIES.—The lead Federal ci- entity to designate, the Secretary shall con- high performance computation integral to vilian cybersecurity exchange designated sider the following factors: complex cybersecurity research, whether under paragraph (1) shall— (A) The net effect that such designation through on-site or off-site computing; (A) receive and distribute, in as close to would have on the overall cybersecurity of (3) demonstrated expertise in interdiscipli- real time as possible, cybersecurity threat the United States. nary cybersecurity research; indicators in accordance with this title and (B) Whether such designation could sub- (4) affiliation with private sector entities the procedures established under subsection stantially improve such overall cybersecu- involved with industrial research described (a)(2); rity by serving as a hub for receiving and in paragraph (1) and ready access to testable (B) facilitate information sharing, inter- sharing cybersecurity threat indicators in as commercial data; action, and collaboration among and be- close to real time as possible, including the (5) prior formal research collaboration ar- tween— capacity of the non-Federal entity for per- rangements with institutions of higher edu- (i) Federal entities; forming those functions in accordance with cation and Federal research laboratories; (ii) State, local, tribal, and territorial gov- this title and the procedures established (6) capability to conduct research in a se- ernments; under subsection (a)(2). cure environment; and (iii) private entities; (C) The capacity of such non-Federal enti- (7) affiliation with existing research pro- (iv) academia; ty to safeguard cybersecurity threat indica- grams of the Federal Government, including (v) international partners, in consultation tors from unauthorized disclosure and use. designation as a National Center of Aca- with the Secretary of State; and (D) The adequacy of the policies and proce- demic Excellence by the National Security (vi) other cybersecurity exchanges; dures of such non-Federal entity to protect Agency. (C) disseminate timely and actionable cy- personally identifiable information from un- (c) REQUIREMENTS.—The research centers bersecurity threat, vulnerability, mitiga- authorized disclosure and use. established under subsection (a) shall in- tion, and warning information lawfully ob- (E) The ability of the non-Federal entity to clude centers led by institutions of higher tained from any source, including alerts, sustain operations using entirely non-Fed- education that are eligible institutions, as advisories, indicators, signatures, and miti- eral sources of funding. defined in section 371(a) of the Higher Edu- gation and response measures, to appropriate (2) REGULATIONS.—The Secretary may pro- cation Act of 1965 (20 U.S.C. 1067q(a)) that— Federal and non-Federal entities in accord- mulgate regulations as may be necessary to (1) have accredited engineering and law ance with this title and the procedures es- carry out this subsection. schools tablished under subsection (a)(2) in as close (f) CONSTRUCTION WITH OTHER AUTHORI- (2) are classified by the Carnegie Founda- to real time as possible to improve the secu- TIES.—Nothing in this section may be con- tion as research universities with high re- rity and protection of information systems; strued to alter the authorities of a Federal search activity; and (D) coordinate with other Federal and non- cybersecurity center, unless such cybersecu- (3) have been designated as a center of ex- Federal entities, as appropriate, to integrate rity center is acting in its capacity as a des- cellence or model institute of excellence by a information from Federal and non-Federal ignated cybersecurity exchange. Federal agency. entities, including Federal cybersecurity (g) CONGRESSIONAL NOTIFICATION OF DES- (d) ADVISORY BOARD.— centers, non-Federal network or security op- IGNATION OF CYBERSECURITY EXCHANGES.— (1) IN GENERAL.—The Secretary of Home- eration centers, other cybersecurity ex- (1) IN GENERAL.—The Secretary, in coordi- land Security shall establish a cybersecurity changes, and non-Federal entities that dis- nation with the Director of National Intel- research advisory board, which shall meet close cybersecurity threat indicators under ligence, the Attorney General, and the Sec- regularly with the Director of the National section 704(a), in accordance with this title retary of Defense, shall promptly notify Con- Science Foundation, the Department of

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.061 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5891 Homeland Security Under Secretary for amendment SA 2579 submitted by Mr. Budget shall make each report submitted Science and Technology, and the Depart- LEAHY and intended to be proposed to under this paragraph available on a central ment of Homeland Security Under Secretary the bill S. 3414, to enhance the security website. for the National Protection and Programs and resiliency of the cyber and commu- ‘‘(D) AVAILABILITY OF INFORMATION TO IN- Directorate to review the activities of the re- nications infrastructure of the United SPECTOR GENERAL.—Subparagraph (B)(ii) search centers established under subsection States; which was ordered to lie on the shall not prohibit any referral or informa- (a). tion being made available to an Inspector (2) MEMBERSHIPS.—In establishing the ad- table; as follows: General as otherwise provided by law. visory board under subsection (d), the Sec- On page 11, strike lines 1 through 10. ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— retary of Homeland Security shall ensure The Inspector General of each agency that SA 2770. Mr. REID (for Mr. CARPER that the members of the advisory board are— submits a report under this paragraph shall, (A) from institutions of higher education (for himself, Ms. COLLINS, Mr. BROWN of for each program of the agency that is iden- with the expertise in the protection of crit- Massachusetts, and Mr. COBURN)) pro- tified under paragraph (1)(A)— ical infrastructure against cyber attacks; posed an amendment to the bill S. 1409, ‘‘(i) review— (B) from institutions described in sub- to intensify efforts to identify, prevent, ‘‘(I) the assessment of the level of risk as- section (c); and and recover payment error, waste, sociated with the program, and the quality (C) equally representative of the 10 Federal fraud, and abuse within Federal spend- of the improper payment estimates and regions that comprise the Standard Federal ing. methodology of the agency relating to the Regions established by the Office of Manage- program; and ment and Budget in the document entitled In lieu of the matter proposed to be in- serted, insert the following: ‘‘(II) the oversight or financial controls to ‘‘Standard Federal Regions’’ and dated April identify and prevent improper payments 1974 (circular A-105). SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Improper under the program; and SA 2768. Mr. COCHRAN submitted an Payments Elimination and Recovery Im- ‘‘(ii) submit to Congress recommendations, which may be included in another report amendment intended to be proposed by provement Act of 2012’’. submitted by the Inspector General to Con- him to the bill S. 3414, to enhance the SEC. 2. DEFINITIONS. In this Act— gress, for modifying any plans of the agency security and resiliency of the cyber and (1) the term ‘‘agency’’ means an executive relating to the program, including improve- communications infrastructure of the agency as that term is defined under section ments for improper payments determination United States; which was ordered to lie 102 of title 31, United States Code; and and estimation methodology.’’; on the table; as follows: (2) the term ‘‘improper payment’’ has the (3) in subsection (d) (as redesignated by At the appropriate place, insert the fol- meaning given that term in section 2(g) of paragraph (1) of this subsection), by striking lowing: the Improper Payments Information Act of ‘‘subsection (b)’’ each place that term ap- SEC. ll. FEDERAL CYBERSECURITY SCHOLAR- 2002 (31 U.S.C. 3321 note), as redesignated by pears and inserting ‘‘subsection (c)’’; SHIP FOR SERVICE PROGRAM. section 3(a)(1) of this Act. (4) in subsection (e) (as redesignated by (a) DEFINITION.—In this section, the term SEC. 3. IMPROVING THE DETERMINATION OF IM- paragraph (1) of this subsection), by striking ‘‘veteran’’ has the meaning given that term PROPER PAYMENTS BY FEDERAL ‘‘subsection (b)’’ and inserting ‘‘subsection under section 101 of title 38, United States AGENCIES. (c)’’; and Code. (a) IN GENERAL.—Section 2 of the Improper (5) in subsection (g)(3) (as redesignated by (b) ESTABLISHMENT OF PROGRAM.—Not later Payments Information Act of 2002 (31 U.S.C. paragraph (1) of this subsection), by insert- than 180 days after the date of enactment of 3321 note) is amended— ing ‘‘or a Federal employee’’ after ‘‘non-Fed- this Act, the Director of the Office of Per- (1) by redesignating subsections (b) eral person or entity’’. sonnel Management, in coordination with through (g) as subsections (c) through (h), re- (b) IMPROVED ESTIMATES.— the National Initiative for Cybersecurity spectively; (2) by inserting after subsection (a) the fol- (1) IN GENERAL.—Not later than 180 days Education of the National Institute of after the date of enactment of this Act, the Standards and Technology and the Director lowing: Director of the Office of Management and of the National Science Foundation, shall es- ‘‘(b) IMPROVING THE DETERMINATION OF IM- Budget shall provide guidance to agencies tablish a program within the Federal Cyber PROPER PAYMENTS.— for improving the estimates of improper pay- Service Scholarship for Service to provide ‘‘(1) IN GENERAL.—The Director of the Of- ments under the Improper Payments Infor- education and training in the area of cyber- fice of Management and Budget shall on an mation Act of 2002 (31 U.S.C. 3321 note). security to veterans (in this section referred annual basis— (2) GUIDANCE.—Guidance under this sub- to as the ‘‘program’’). ‘‘(A) identify a list of high-priority Federal section shall— (c) ELIGIBLE STUDENTS.—To be eligible programs for greater levels of oversight and under the program, an applicant shall— review— (A) strengthen the estimation process of (1) be a veteran; and ‘‘(i) in which the highest dollar value or agencies by setting standards for agencies to (2) pursue a baccalaureate, master’s, or highest rate of improper payments occur; or follow in determining the underlying valid- doctorate degree in a program of study rel- ‘‘(ii) for which there is a higher risk of im- ity of sampled payments to ensure amounts evant to cybersecurity. proper payments; and being billed are proper; and (d) PRIORITY FOR DISABLED VETERANS.— ‘‘(B) in coordination with the agency re- (B) instruct agencies to give the persons or Priority for eligibility under the program sponsible for administering the high-priority entities performing improper payments esti- shall be given to veterans who are disabled. program, establish annual targets and semi- mates access to all necessary payment data, (e) ELIGIBLE INSTITUTIONS.—In developing annual or quarterly actions for reducing im- including access to relevant documentation; the program, the Director of the Office of proper payments associated with each high- (C) explicitly bar agencies from relying on Personnel Management, in coordination with priority program. self-reporting by the recipients of agency the Director of the National Institute of ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER payments as the sole source basis for im- Standards and Technology, shall designate PAYMENTS.— proper payments estimates; multiple institutions participating in the ‘‘(A) IN GENERAL.—Subject to Federal pri- (D) require agencies to include all identi- Federal Cyber Service Scholarship for Serv- vacy policies and to the extent permitted by fied improper payments in the reported esti- ice program on the date of enactment of this law, each agency with a program identified mate, regardless of whether the improper Act as Centers of Academic Excellence in under paragraph (1)(A) on an annual basis payment in question has been or is being re- Veteran Cyber Security Education, which shall submit to the Inspector General of that covered; shall be participating institutions for pur- agency, and make available to the public (in- (E) include payments to employees, includ- poses of the program. cluding availability through the Internet), a ing salary, locality pay, travel pay, purchase (f) BENEFITS.—Subject to the availability report on that program. card use, and other employee payments, as of appropriations, the Director of the Na- ‘‘(B) CONTENTS.—Each report under this subject to risk assessment and, where appro- tional Science Foundation shall provide paragraph— priate, improper payment estimation; and scholarship benefits to eligible students for ‘‘(i) shall describe— (F) require agencies to tailor their correc- attendance at an institution designated ‘‘(I) any action the agency— tive actions for the high-priority programs under subsection (e). ‘‘(aa) has taken or plans to take to recover identified under section 2(b)(1)(A) of the Im- (g) DIRECT HIRING AUTHORITY.—The Direc- improper payments; and proper Payments Information Act of 2002 (31 tor of the Office of Personnel Management ‘‘(bb) intends to take to prevent future im- U.S.C. 3321 note) to better reflect the unique shall establish direct hiring authority, which proper payments; and processes, procedures, and risks involved in shall not be limited to a specific job code or ‘‘(ii) shall not include any referrals the each specific program. grade, for relevant Federal agencies desiring agency made or anticipates making to the to hire graduates of the program. Department of Justice, or any information (c) TECHNICAL AND CONFORMING AMEND- provided in connection with such referrals. MENTS.—The Improper Payments Elimi- SA 2769. Mr. LEAHY submitted an ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL nation and Recovery Act of 2010 (Public Law amendment intended to be proposed to WEBSITE.—The Office of Management and 111–204; 124 Stat. 2224) is amended—

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.061 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5892 CONGRESSIONAL RECORD — SENATE August 1, 2012 (1) in section 2(h)(1) (31 U.S.C. 3321 note), payment or award to be made to a recipient, agencies entering the agreement for not by striking ‘‘section 2(f)’’ and all that fol- regardless of whether that recipient is iden- more than 3 years. lows and inserting ‘‘section 2(g) of the Im- tified as potentially ineligible under the Do (D) MULTIPLE AGENCIES.—For purposes of proper Payments Information Act of 2002 (31 Not Pay Initiative. this paragraph, section 552a(o)(1) of title 5, U.S.C. 3321 note).’’; and (5) ANNUAL REPORT.—The Director of the United States Code, shall be applied by sub- (2) in section 3(a) (31 U.S.C. 3321 note)— Office of Management and Budget shall sub- stituting ‘‘between the source agency and (A) in paragraph (1), by striking ‘‘section mit to Congress an annual report, which may the recipient agency or non-Federal agency 2(f)’’ and all that follows and inserting ‘‘sec- be included as part of another report sub- or an agreement governing multiple agen- tion 2(g) of the Improper Payments Informa- mitted to Congress by the Director, regard- cies’’ for ‘‘between the source agency and the tion Act of 2002 (31 U.S.C. 3321 note).’’; and ing the operation of the Do Not Pay Initia- recipient agency or non-Federal agency’’ in (B) in paragraph (3)— tive, which shall— the matter preceding subparagraph (A). (i) by striking ‘‘section 2(b)’’ each place it (A) include an evaluation of whether the (E) COST-BENEFIT ANALYSIS.—A justifica- appears and inserting ‘‘section 2(c)’’; and Do Not Pay Initiative has reduced improper tion under section 552a(o)(1)(B) of title 5, (ii) by striking ‘‘section 2(c)’’ each place it payments or improper awards; and United States Code, relating to an agree- appears and inserting ‘‘section 2(d)’’. (B) provide the frequency of corrections or ment under subparagraph (A) is not required SEC. 4. IMPROPER PAYMENTS INFORMATION. identification of incorrect information. to contain a specific estimate of any savings ATABASE INTEGRATION PLAN.—Not Section 2(a)(3)(A)(ii) of the Improper Pay- (c) D under the computer matching agreement. later than 60 days after the date of enact- ments Information Act of 2002 (31 U.S.C. 3321 (F) GUIDANCE BY THE OFFICE OF MANAGE- ment of this Act, the Director of the Office note) is amended by striking ‘‘with respect MENT AND BUDGET.—Not later than 6 months of Management and Budget shall provide to to fiscal years following September 30th of a after the date of enactment of this Act, and the Congress a plan for— fiscal year beginning before fiscal year 2013 in consultation with the Council of Inspec- (1) inclusion of other databases on the Do as determined by the Office of Management tors General on Integrity and Efficiency, the Not Pay Initiative; Secretary of Health and Human Services, the and Budget’’ and inserting ‘‘with respect to (2) to the extent permitted by law, agency fiscal year 2014 and each fiscal year there- Commissioner of Social Security, and the access to the Do Not Pay Initiative; and head of any other relevant agency, the Direc- after’’. (3) the multilateral data use agreements tor of the Office of Management and Budget SEC. 5. DO NOT PAY INITIATIVE. described under subsection (e). shall— (a) PREPAYMENT AND PREAWARD PROCE- (d) INITIAL WORKING SYSTEM.— (i) issue guidance for agencies regarding DURES.— (1) ESTABLISHMENT.—Not later than 90 days (1) IN GENERAL.—Each agency shall review after the date of enactment of this Act, the implementing this paragraph, which shall in- prepayment and preaward procedures and en- Director of the Office of Management and clude standards for— sure that a thorough review of available Budget shall establish a working system for (I) reimbursement of costs, when nec- databases with relevant information on eli- prepayment and preaward review that in- essary, between agencies; gibility occurs to determine program or cludes the Do Not Pay Initiative as described (II) retention and timely destruction of award eligibility and prevent improper pay- under this section. records in accordance with section 552a(o)(1)(F) of title 5, United States Code; ments before the release of any Federal (2) WORKING SYSTEM.—The working system funds. established under paragraph (1)— (III) prohibiting duplication and redisclo- (2) DATABASES.—At a minimum and before (A) may be located within an appropriate sure of records in accordance with section issuing any payment and award, each agency agency; 552a(o)(1)(H) of title 5, United States Code; shall review as appropriate the following (B) shall include not less than 3 agencies as (ii) review the procedures of the Data In- databases to verify eligibility of the pay- users of the system; and tegrity Boards established under section ment and award: (C) shall include investigation activities 552a(u) of title 5, United States Code, and de- (A) The Death Master File of the Social Se- for fraud and systemic improper payments velop new guidance for the Data Integrity curity Administration. detection through analytic technologies and Boards to— (B) The General Services Administration’s other techniques, which may include com- (I) improve the effectiveness and respon- Excluded Parties List System. mercial database use or access. siveness of the Data Integrity Boards; and (II) ensure privacy protections in accord- (C) The Debt Check Database of the De- (3) APPLICATION TO ALL AGENCIES.—Not partment of the Treasury. later than June 1, 2013, each agency shall re- ance with section 552a of title 5, United (D) The Credit Alert System or Credit view all payments and awards for all pro- States Code (commonly known as the Pri- Alert Interactive Voice Response System of grams of that agency through the system es- vacy Act of 1974); and the Department of Housing and Urban Devel- tablished under this subsection. (III) establish standard matching agree- opment. (e) FACILITATING DATA ACCESS BY FEDERAL ments for use when appropriate; and (E) The List of Excluded Individuals/Enti- AGENCIES AND OFFICES OF INSPECTORS GEN- (iii) establish and clarify rules regarding ties of the Office of Inspector General of the ERAL FOR PURPOSES OF PROGRAM INTEG- what constitutes making an agreement en- Department of Health and Human Services. RITY.— tered under subparagraph (A) available upon (b) DO NOT PAY INITIATIVE.— (1) DEFINITION.—In this subsection, the request to the public for purposes of section (1) ESTABLISHMENT.—There is established term ‘‘Inspector General’’ means an Inspec- 552a(o)(2)(A)(ii) of title 5, United States the Do Not Pay Initiative which shall in- tor General described in subparagraph (A), Code, which shall include requiring publica- clude— (B), or (I) of section 11(b)(1) of the Inspector tion of the agreement on a public website. (A) use of the databases described under General Act of 1978 (5 U.S.C. App.). (G) CORRECTIONS.—The Director of the Of- subsection (a)(2); and (2) COMPUTER MATCHING BY FEDERAL AGEN- fice of Management and Budget shall estab- (B) use of other databases designated by CIES FOR PURPOSES OF INVESTIGATION AND lish procedures providing for the correction the Director of the Office of Management PREVENTION OF IMPROPER PAYMENTS AND of data in order to ensure— and Budget in consultation with agencies FRAUD.— (i) compliance with section 552a(p) of title and in accordance with paragraph (2). (A) IN GENERAL.—Except as provided in this 5, United States Code; and (2) OTHER DATABASES.—In making designa- paragraph, in accordance with section 552a of (ii) that corrections are made in any Do tions of other databases under paragraph title 5, United States Code (commonly Not Pay Initiative database and in any rel- (1)(B), the Director of the Office of Manage- known as the Privacy Act of 1974), each In- evant source databases designated by the Di- ment and Budget shall— spector General and the head of each agency rector of the Office of Management and (A) consider any database that substan- may enter into computer matching agree- Budget under subsection (b)(1). tially assists in preventing improper pay- ments that allow ongoing data matching (H) COMPLIANCE.—The head of each agency, ments; and (which shall include automated data match- in consultation with the Inspector General of (B) provide public notice and an oppor- ing) in order to assist in the detection and the agency, shall ensure that any informa- tunity for comment before designating a prevention of improper payments. tion provided to an individual or entity database under paragraph (1)(B). (B) REVIEW.—Not later than 60 days after a under this subsection is provided in accord- (3) ACCESS AND REVIEW BY AGENCIES.—For proposal for an agreement under subpara- ance with protocols established under this purposes of identifying and preventing im- graph (A) has been presented to a Data In- subsection. proper payments, each agency shall have ac- tegrity Board established under section (I) RULE OF CONSTRUCTION.—Nothing in this cess to, and use of, the Do Not Pay Initiative 552a(u) of title 5, United States Code, for con- subsection shall be construed to affect the to verify payment or award eligibility in ac- sideration, the Data Integrity Board shall re- rights of an individual under section 552a(p) cordance with subsection (a) when the Direc- spond to the proposal. of title 5, United States Code. tor of the Office of Management and Budget (C) TERMINATION DATE.—An agreement (f) DEVELOPMENT AND ACCESS TO A DATA- determines the Do Not Pay Initiative is ap- under subparagraph (A)— BASE OF INCARCERATED INDIVIDUALS.—Not propriately established for the agency. (i) shall have a termination date of less later than 1 year after the date of enactment (4) PAYMENT OTHERWISE REQUIRED.—When than 3 years; and of this Act, the Attorney General shall sub- using the Do Not Pay Initiative, an agency (ii) during the 3-month period ending on mit to Congress recommendations for in- shall recognize that there may be cir- the date on which the agreement is sched- creasing the use of, access to, and the tech- cumstances under which the law requires a uled to terminate, may be renewed by the nical feasibility of using data on the Federal,

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.062 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5893 State, and local conviction and incarcer- The purpose of the hearing is to dis- gust 1, 2012, at 2:30 p.m. in room 253 of ation status of individuals for purposes of cuss the recent Colorado wildfires, fo- the Russell Senate Office Building. identifying and preventing improper pay- cusing on lessons learned that can be The Committee will hold a hearing ments by Federal agencies and programs and entitled, ‘‘Marketplace Fairness: Lev- fraud. applied to future suppression, recovery, (g) PLAN TO CURB FEDERAL IMPROPER PAY- and mitigation efforts. The Fourmile eling the Playing Field for Small Busi- MENTS TO DECEASED INDIVIDUALS BY IMPROV- Canyon fire report that was released on ness.’’ ING THE QUALITY AND USE BY FEDERAL AGEN- July 25 will be discussed, as will projec- The PRESIDING OFFICER. Without CIES OF THE SOCIAL SECURITY ADMINISTRATION tions for future wildfire conditions and objection, it is so ordered. DEATH MASTER FILE.— best practices that can improve forest COMMITTEE ON ENVIRONMENT AND PUBLIC (1) ESTABLISHMENT.—In conjunction with health. WORKS the Commissioner of Social Security and in Mr. LIEBERMAN. Mr. President, I consultation with relevant stakeholders that Because of the limited time available have an interest in or responsibility for pro- for the hearing, witnesses may testify ask unanimous consent that the Com- viding the data, and the States, the Director by invitation only. However, those mittee on Environment and Public of the Office of Management and Budget wishing to submit written testimony Works be authorized to meet during shall establish a plan for improving the qual- for the hearing record may do so by the session of the Senate on August 1, ity, accuracy, and timeliness of death data sending it to the Committee on Energy 2012, at 10 a.m. in Dirksen 406 to con- maintained by the Social Security Adminis- and Natural Resources, United States duct a hearing entitled, ‘‘Update on the tration, including death information re- Latest Climate Change Science and ported to the Commissioner under section Senate, Washington, DC 20510–6150, or 205(r) of the Social Security Act (42 U.S.C. by e-mail to Local Adaptation Measures.’’ 405(r)). [email protected]. The PRESIDING OFFICER. Without (2) ADDITIONAL ACTIONS UNDER PLAN.—The For further information, please con- objection, it is so ordered. plan established under this subsection shall tact Kevin Rennert (202) 224–7826, COMMITTEE ON FINANCE include recommended actions by agencies Meagan Gins at (202) 224–0883, or Jac- Mr. LIEBERMAN. Mr. President, I to— queline Emanuel at (202) 224–5512. ask unanimous consent that the Com- (A) increase the quality and frequency of COMMITTEE ON ENERGY AND NATURAL mittee on Finance be authorized to access to the Death Master File and other meet during the session of the Senate death data; RESOURCES (B) achieve a goal of at least daily access Mr. BINGAMAN. Mr. President, I on August 1, 2012, at 10:30 a.m. in room as appropriate; would like to announce for the infor- 215 of the Dirksen Senate Office Build- (C) provide for all States and other data mation of the Senate and the public ing, to conduct a hearing entitled ‘‘Tax providers to use improved and electronic that a field hearing has been scheduled Reform: Examining the Taxation of means for providing data; before the Senate Committee on En- Business Entities.’’ (D) identify improved methods by agencies ergy and Natural Resources. The hear- The PRESIDING OFFICER. Without for determining ineligible payments due to objection, it is so ordered. the death of a recipient through proactive ing will be held on Friday, August 17, COMMITTEE ON FOREIGN RELATIONS verification means; and 2012, at 10:00 a.m., at the Santa Fe (E) address improper payments made by Community College, 6401 Richards Ave- Mr. LIEBERMAN. Mr. President, I agencies to deceased individuals as part of nue, Room 216 Lecture Hall, West Wing ask unanimous consent that the Com- Federal retirement programs. of the Main Building, Santa Fe, NM. mittee on Foreign Relations be author- (3) REPORT.—Not later than 120 days after The purpose of the hearing is to ex- ized to meet during the session of the the date of enactment of this Act, the Direc- amine the current and future impacts Senate on August 1, 2012, at 10 a.m. to tor of the Office of Management and Budget hold a hearing entitled ‘‘Next Steps in shall submit a report to Congress on the plan of climate change on the Inter- established under this subsection, including mountain West, focusing on drought, Syria.’’ recommended legislation. wildfire frequency and severity, and The PRESIDING OFFICER. Without SEC. 6. IMPROVING RECOVERY OF IMPROPER ecosystems. objection, it is so ordered. PAYMENTS. Because of the limited time available COMMITTEE ON THE JUDICIARY (a) DEFINITION.—In this section, the term for the hearing, witnesses may testify Mr. LIEBERMAN. Mr. President, I ‘‘recovery audit’’ means a recovery audit de- by invitation only. However, those ask unanimous consent that the Com- scribed under section 2(h) of the Improper mittee on the Judiciary be authorized Payments Elimination and Recovery Act of wishing to submit written testimony 2010. for the hearing record may do so by to meet during the session of the Sen- (b) REVIEW.—The Director of the Office of sending it to the Committee on Energy ate, on August 1, 2012, at 10 a.m., in Management and Budget shall determine— and Natural Resources, United States room SD–226 of the Dirksen Senate Of- (1) current and historical rates and Senate, Washington, DC 20510–6150, or fice Building, to conduct a hearing en- amounts of recovery of improper payments by e-mail to MeaganllGins@energy titled ‘‘Rising Prison Costs: Restrict- (or, in cases in which improper payments are ing Budgets and Crime Prevention Op- identified solely on the basis of a sample, re- .senate.gov. covery rates and amounts estimated on the For further information, please con- tions.’’ basis of the applicable sample), including a tact Kevin Rennert at (202) 224–7826 or The PRESIDING OFFICER. Without list of agency recovery audit contract pro- Meagan Gins at (202) 224–0883. objection, it is so ordered. grams and specific information of amounts f SUBCOMMITTEE ON EUROPEAN AFFAIRS and payments recovered by recovery audit Mr. LIEBERMAN. Mr. President, I contractors; and AUTHORITY FOR COMMITTEES TO ask unanimous consent that the Com- (2) targets for recovering improper pay- MEET mittee on Foreign Relations be author- ments, including specific information on COMMITTEE ON AGRICULTURE, NUTRITION, AND ized to meet during the session of the amounts and payments recovered by recov- FORESTRY Senate on August 1, 2012, at 2:30 p.m., ery audit contractors. Mr. LIEBERMAN. Mr. President, I to hold a European Affairs sub- f ask unanimous consent that the Com- committee hearing entitled, ‘‘The Fu- NOTICES OF HEARINGS mittee on Agriculture, Nutrition, and ture of the Eurozone: Outlook and Les- COMMITTEE ON ENERGY AND NATURAL Forestry be authorized to meet during sons.’’ RESOURCES the session of the Senate on August 1, The PRESIDING OFFICER. Without Mr. BINGAMAN. Mr. President, I 2012, at 9 a.m. in room SR 328A of the objection, it is so ordered. would like to announce for the infor- Russell Senate Office Building. SUBCOMMITTEE ON HOUSING, TRANSPORTATION, mation of the Senate and the public The PRESIDING OFFICER. Without AND COMMUNITY DEVELOPMENT that a field hearing has been scheduled objection, it is so ordered. Mr. LIEBERMAN. Mr. President, I before the Senate Committee on En- COMMITTEE ON COMMERCE, SCIENCE, AND ask unanimous consent that the Com- ergy and Natural Resources. The hear- TRANSPORTATION mittee on Banking, Housing, and ing will be held on Wednesday, August Mr. LIEBERMAN. Mr. President, I Urban Affairs Subcommittee on Hous- 15, 2012, at 10:00 a.m., at the University ask unanimous consent that the Com- ing, Transportation, and Community of Colorado, Centennial Room 203, Col- mittee on Commerce, Science, and Development be authorized to meet orado Springs, 1420 Austin Bluffs Transportation be authorized to meet during the session of the Senate on Au- Pkwy, Colorado Springs, CO. during the session of the Senate on Au- gust 1, 2012, at 10 a.m., to conduct a

VerDate Mar 15 2010 05:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.062 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5894 CONGRESSIONAL RECORD — SENATE August 1, 2012 hearing entitled, ‘‘Streamlining and DESIGNATING THE WARREN AMENDING THE YSLETA DEL SUR Strengthening HUD’s Rental Housing LINDLEY POST OFFICE PUEBLO AND ALABAMA AND Assistance Programs.’’ COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT The PRESIDING OFFICER. Without DESIGNATING THE REVEREND ABE objection, it is so ordered. BROWN POST OFFICE BUILDING Mr. REID. Mr. President, I ask unan- imous consent that the Senate now f proceed to the consideration of Cal- DESIGNATING THE SERGEANT endar No. 480, H.R. 1560. RICHARD FRANKLIN ABSHIRE The PRESIDING OFFICER. The PRIVILEGES OF THE FLOOR POST OFFICE BUILDING clerk will report the bill by title. Mr. MERKLEY. Mr. President, I ask The assistant legislative clerk read as follows: unanimous consent that privileges of DESIGNATING THE SPC NICHOLAS the floor be granted to Jenny Carson, A bill (H.R. 1560) to amend the Ysleta del SCOTT HARTGE POST OFFICE Sur Pueblo and Alabama and Coushatta In- an intern in my office, for the remain- dian Tribes of Texas Restoration Act to der of the day. allow the Ysleta del Sur Pueblo Tribe to de- DESIGNATING THE FIRST SER- The PRESIDING OFFICER. Without termine blood quantum requirement for GEANT LANDRES CHEEKS POST membership in that tribe. objection, it is so ordered. OFFICE BUILDING There being no objection, the Senate Mr. CARDIN. Mr. President, I ask Mr. REID. I ask unanimous consent proceeded to consider the bill. unanimous consent that Katharine that the Homeland Security and Gov- Mr. REID. Mr. President, I ask unan- Beamer, a Department of State ernmental Affairs Committee be dis- imous consent that the bill be read a detailee from my office, be granted the charged from the following postal-nam- third time and passed, the motion to privilege of the floor during today’s ing bills en bloc, and the Senate pro- reconsider be made and laid upon the session. ceed to their consideration en bloc: table, there be no intervening action or H.R. 1369 through H.R. 3276, H.R. 3412, debate, and that any statements re- The PRESIDING OFFICER. Without H.R. 3501 and H.R. 3772. lated to this measure be printed in the objection, it is so ordered. The PRESIDING OFFICER. Without RECORD. Mr. LEAHY. Mr. President, I ask objection, it is so ordered. The PRESIDING OFFICER. Without unanimous consent that Jasper Craven The Senate proceeded to consider the objection, it is so ordered. of my staff be given the privileges of bills. The bill (H.R. 1560) was ordered to a the floor for the rest of today. Mr. REID. Mr. President, I ask unan- third reading, was read the third time, imous consent that the bills be read a and passed. The PRESIDING OFFICER. Without third time and passed en bloc; the mo- f objection, it is so ordered. tions to reconsider be laid upon the IMPROPER PAYMENTS ELIMI- Mr. LEAHY. Mr. President, I ask table en bloc, with no intervening ac- tion or debate; and any related state- NATION AND RECOVERY IM- unanimous consent that Jeanette PROVEMENT ACT OF 2012 Quick, a detailee on the Banking Com- ments be printed in the RECORD. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- mittee staff, as well as Ingianni Acosta objection, it is so ordered. imous consent that the Senate proceed and Georgina Cannan, two interns on The bill (H.R. 1369) to designate the to the consideration of Calendar No. Senator JOHNSON’s staff, be granted facility of the United States Postal 449, S. 1409. floor privileges for the remainder of to- Service located at 1021 Pennsylvania The PRESIDING OFFICER. The day’s session. Avenue in Hartshorne, Oklahoma, as clerk will report the bill by title. The PRESIDING OFFICER. Without the ‘‘Warren Lindley Post Office’’ was The assistant legislative clerk read objection, it is so ordered. ordered to a third reading, was read the as follows: third time, and passed. A bill (S. 1409) to intensify efforts to iden- Mr. BROWN of Ohio. Mr. President, I The bill (H.R. 3276) to designate the tify, prevent, and recover payment error, ask unanimous consent that Kareem facility of the United States Postal waste, fraud, and abuse within Federal Yakub and Ghazan Jamal, members of Service located at 2810 East spending. my staff, be granted the privilege of Hillsborough Avenue in Tampa, Flor- There being no objection, the Senate the floor. ida, as the ‘‘Reverend Abe Brown Post proceeded to consider the bill, which Office Building,’’ was ordered to a third The PRESIDING OFFICER. Without had been reported from the Committee reading, was read the third time, and on Homeland Security and Govern- objection, it is so ordered. passed. mental Affairs, with an amendment to Ms. MURKOWSKI. Mr. President, I The bill (H.R. 3412) to designate the strike all after the enacting clause and ask unanimous consent that the fol- facility of the United States Postal insert in lieu thereof the following: lowing interns from my office be grant- Service located at 1421 Veterans Memo- SECTION 1. SHORT TITLE. ed floor privileges for today’s session: rial Drive in Abbeville, Louisiana, as This Act may be cited as the ‘‘Improper Pay- Jenessa Albertson, Carly Colligan, Cale the ‘‘Sergeant Richard Franklin ments Elimination and Recovery Improvement Act of 2012’’. Clingenpeel, Courtney Lewis, Travis Abshire Post Office Building,’’ was or- dered to a third reading, was read the SEC. 2. DEFINITION. Logan, Joseph Mueller, Katherine third time, and passed. In this Act, the term ‘‘agency’’ means an exec- Tomera, Marissa Torgerson, Sierra A bill (H.R. 3501) to designate the fa- utive agency as that term is defined under sec- Udland, Douglas Watts, Mari Freitag, cility of the United States Postal Serv- tion 102 of title 31, United States Code. and Parker Haymans. ice located at 125 Kerr Avenue in Rome SEC. 3. IMPROVING THE DETERMINATION OF IM- PROPER PAYMENTS BY FEDERAL The PRESIDING OFFICER. Is there City, Indiana, as the ‘‘SPC Nicholas AGENCIES. objection? Without objection, it is so Scott Hartge Post Office,’’ was ordered (a) IN GENERAL.—Section 2 of the Improper ordered. to a third reading, was read the third Payments Information Act of 2002 (31 U.S.C. time, and passed. 3321 note) is amended— A bill (H.R. 3772) to designate the fa- (1) by redesignating subsections (b) through cility of the United States Postal Serv- (g) as subsections (c) through (h), respectively; ice located at 150 South Union Street (2) by inserting after subsection (a) the fol- in Canton, Mississippi, as the ‘‘First lowing: ‘‘(b) IMPROVING THE DETERMINATION OF IM- Sergeant Landres Cheeks Post Office PROPER PAYMENTS.— Building,’’ was ordered to a third read- ‘‘(1) IN GENERAL.—The Director of the Office ing, was read the third time, and of Management and Budget shall on an annual passed. basis—

VerDate Mar 15 2010 05:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00090 Fmt 4624 Sfmt 6333 E:\CR\FM\A01AU6.066 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5895 ‘‘(A) identify a list of high-priority Federal gardless of whether the improper payment in of the Office of Management and Budget deter- programs for greater levels of oversight and re- question has been or is being recovered; mines the Do Not Pay Initiative is appropriately view— (E) include payments to employees, including established for the agency. ‘‘(i) in which the highest dollar value or high- salary, locality pay, travel pay, purchase card (4) PAYMENT OTHERWISE REQUIRED.—When est frequency of improper payments occur; or use, and other employee payments, as subject to using the Do Not Pay Initiative, an agency ‘‘(ii) for which there is a higher risk of im- risk assessment and, where appropriate, im- shall recognize that there may be circumstances proper payments; and proper payment estimation; and under which the law requires a payment or ‘‘(B) in coordination with the agency respon- (F) require agencies to tailor their corrective award to be made to a recipient, regardless of sible for administering the high-priority pro- actions for the high-priority programs identified whether that recipient is on the Do Not Pay Ini- gram, establish annual targets and semi-annual under section 2(b)(1)(A) of the Improper Pay- tiative. or quarterly actions for reducing improper pay- ments Information Act of 2002 (31 U.S.C. 3321 (c) DATABASE INTEGRATION PLAN.—Not later ments associated with each high-priority pro- note) to better reflect the unique processes, pro- than 60 days after the date of enactment of this gram. cedures, and risks involved in each specific pro- Act, the Director of the Office of Management ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER PAY- gram. and Budget shall provide to the Congress a plan MENTS.— (c) TECHNICAL AND CONFORMING AMEND- for— ‘‘(A) IN GENERAL.—Subject to Federal privacy MENTS.—The Improper Payments Elimination (1) inclusion of other databases on the Do Not policies and to the extent permitted by law, each and Recovery Act of 2010 (Public Law 111–204; Pay Initiative; agency with a program identified under para- 124 Stat. 2224) is amended— (2) to the extent permitted by law, agency ac- graph (1)(A) on an annual basis shall submit to (1) in section 2(h)(1) (31 U.S.C. 3321 note), by cess to the Do Not Pay Initiative; and the Inspector General of that agency, and make striking ‘‘section 2(f)’’ and all that follows and (3) the multilateral data use agreements de- available to the public (including availability inserting ‘‘section 2(g) of the Improper Pay- scribed under subsection (e). through the Internet), a report on that program. ments Information Act of 2002 (31 U.S.C. 3321 (d) INITIAL WORKING SYSTEM.— ‘‘(B) CONTENTS.—Each report under this para- note).’’; and (1) ESTABLISHMENT.—Not later than 90 days graph— (2) in section 3(a) (31 U.S.C. 3321 note)— after the date of enactment of this Act, the Di- ‘‘(i) shall describe— (A) in paragraph (1), by striking ‘‘section rector of the Office of Management and Budget ‘‘(I) any action the agency— 2(f)’’ and all that follows and inserting ‘‘section shall establish a working system for prepayment ‘‘(aa) has taken or plans to take to recover im- 2(g) of the Improper Payments Information Act and preaward review that includes the Do Not proper payments; and Pay Initiative as described under this section. ‘‘(bb) intends to take to prevent future im- of 2002 (31 U.S.C. 3321 note).’’; and (B) in paragraph (3)— (2) WORKING SYSTEM.—The working system es- proper payments; and tablished under paragraph (1)— ‘‘(ii) shall not include any referrals the agen- (i) by striking ‘‘section 2(b)’’ each place it ap- pears and inserting ‘‘section 2(c)’’; and (A) may be located within an appropriate cy made or anticipates making to the Depart- agency; ment of Justice, or any information provided in (ii) by striking ‘‘section 2(c)’’ each place it ap- pears and inserting ‘‘section 2(d)’’. (B) shall include not less than 3 agencies as connection with such referrals. users of the system; and SEC. 4. IMPROPER PAYMENTS INFORMATION. ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL (C) shall include investigation activities for Section 2(a)(3)(A)(ii) of the Improper Pay- WEBSITE.—The Office of Management and fraud and systemic improper payments detection ments Information Act of 2002 (31 U.S.C. 3321 Budget shall make each report submitted under through analytic technologies and other tech- note) is amended by striking ‘‘with respect to this paragraph available on a central website. niques, which may include commercial database ‘‘(D) AVAILABILITY OF INFORMATION TO IN- fiscal years following September 30th of a fiscal use or access. SPECTOR GENERAL.—Subparagraph (B)(ii) shall year beginning before fiscal year 2013 as deter- (3) APPLICATION TO ALL AGENCIES.—Not later not prohibit any referral or information being mined by the Office of Management and Budg- than January 1, 2013, each agency shall review made available to an Inspector General as oth- et’’ and inserting ‘‘with respect to fiscal year all payments and awards for all programs of erwise provided by law. 2014 and each fiscal year thereafter’’. that agency through the system established ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— SEC. 5. DO NOT PAY INITIATIVE. under this subsection. The Inspector General of each agency that sub- (a) PREPAYMENT AND PREAWARD PROCE- (e) MULTILATERAL DATA USE AGREEMENTS.— mits a report under this paragraph shall— DURES.— (1) IN GENERAL.—Not later than 60 days after ‘‘(i) review— (1) IN GENERAL.—Each agency shall review the date of enactment of this Act, the Director ‘‘(I) the assessment of the level of risk associ- prepayment and preaward procedures and en- of the Office of Management and Budget shall ated with the applicable program, and the qual- sure that a thorough review of available data- develop a plan to establish a multilateral data ity of the improper payment estimates and meth- bases with relevant information on eligibility oc- use agreement authority to carry out this sec- odology of the agency; and curs to determine program or award eligibility ‘‘(II) the oversight or financial controls to tion, including access to databases such as the and prevent improper payments before the re- identify and prevent improper payments; and New Hire Database under section 453(j) of the lease of any Federal funds. ‘‘(ii) provide recommendations, for modifying Social Security Act (42 U.S.C. 653(j)). (2) DATABASES.—At a minimum and before any plans of the agency, including improve- (2) PRIVACY ACT MATCHING AGREEMENTS.—Sec- issuing any payment and award, each agency ments for improper payments determination and tion 552a(o)(1) of title 5, United States Code, is shall review as appropriate the following data- estimation methodology.’’; amended in the matter preceding subparagraph bases to verify eligibility of the payment and (3) in subsection (d) (as redesignated by para- (A), by inserting ‘‘or an agreement governing award: graph (1) of this subsection), by striking ‘‘sub- multiple agencies’’ before ‘‘specifying’’. (A) The Death Master File of the Social Secu- section (b)’’ each place that term appears and (3) GENERAL PROTOCOLS AND SECURITY.— rity Administration. inserting ‘‘subsection (c)’’; and (A) IN GENERAL.—In developing the multilat- (4) in subsection (e) (as redesignated by para- (B) The General Services Administration’s Ex- eral data use agreements, the Director of the Of- graph (1) of this subsection), by striking ‘‘sub- cluded Parties List System. fice of Management and Budget shall establish section (b)’’ and inserting ‘‘subsection (c)’’. (C) The Debt Check Database of the Depart- implementing regulations and guidelines that (b) IMPROVED ESTIMATES.— ment of the Treasury. include streamlined interagency processes to en- (1) IN GENERAL.—Not later than 180 days after (D) The Credit Alert System or Credit Alert sure agency access to data, and provide for ap- the date of enactment of this Act, the Director Interactive Voice Response System of the De- propriate transfer and storage of any trans- of the Office of Management and Budget shall partment of Housing and Urban Development. ferred data, in a manner consistent with rel- provide guidance to agencies for improving the (E) The List of Excluded Individuals/Entities evant privacy, security and disclosure laws. estimates of improper payments under the Im- of the Office of Inspector General of the Depart- (B) CONSULTATION.—The Director of the Of- proper Payments Information Act of 2002 (31 ment of Health and Human Services. fice of Management and Budget shall consult U.S.C. 3321 note). (b) DO NOT PAY INITIATIVE.— with— (2) GUIDANCE.—Guidance under this sub- (1) ESTABLISHMENT.—There is established the (i) the Council of Inspectors General on Integ- section shall— Do Not Pay Initiative which shall consist of— rity and Efficiency before implementing this (A) strengthen the estimation process of agen- (A) the databases described under subsection paragraph; and cies by setting standards for agencies to follow (a)(2); and (ii) the Secretary of Health and Human Serv- in determining the underlying validity of sam- (B) any other database designated by the Di- ices, the Social Security Administrator, and the pled payments to ensure amounts being billed rector of the Office of Management and Budget head of any other agency, as appropriate. are proper; and in consultation with agencies. (f) DEVELOPMENT AND ACCESS TO A DATABASE (B) instruct agencies to give the persons or en- (2) OTHER DATABASES.—In making designa- OF INCARCERATED INDIVIDUALS.—Not later than tities performing improper payments estimates tions of other databases under paragraph 1 year after the date of enactment of this Act, access to all necessary payment data, including (1)(B), the Director of the Office of Management the Attorney General shall submit to Congress access to relevant documentation; and Budget shall consider any database that as- recommendations for increasing the use of, ac- (C) explicitly bar agencies from relying on sists in preventing improper payments. cess to, and the technical feasibility of using self-reporting by the recipients of agency pay- (3) ACCESS AND REVIEW BY AGENCIES.—For data on the Federal, State, and local conviction ments as the sole source basis for improper pay- purposes of identifying and preventing improper and incarceration status of individuals for pur- ments estimates; payments, each agency shall have access to, and poses of identifying and preventing improper (D) require agencies to include all identified use of, the Do Not Pay Initiative to determine payments by Federal agencies and programs improper payments in the reported estimate, re- payment or award eligibility when the Director and fraud.

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(g) PLAN TO CURB FEDERAL IMPROPER PAY- lished under paragraph (1), the head of the ‘‘(i) shall describe— MENTS TO DECEASED INDIVIDUALS BY IMPROVING agency conducting the program shall submit a ‘‘(I) any action the agency— THE QUALITY AND USE BY FEDERAL AGENCIES OF report on the program to Congress. ‘‘(aa) has taken or plans to take to recover THE SOCIAL SECURITY ADMINISTRATION DEATH (B) CONTENTS.—Each report under this para- improper payments; and MASTER FILE.— graph shall include— ‘‘(bb) intends to take to prevent future im- (1) ESTABLISHMENT.—In conjunction with the (i) a description of the impact of the program proper payments; and Commissioner of Social Security and in con- on savings and recoveries; and ‘‘(ii) shall not include any referrals the sultation with relevant stakeholders that have (ii) such recommendations as the head of the agency made or anticipates making to the an interest in or responsibility for providing the agency considers appropriate on extending or Department of Justice, or any information data, and the States, the Director of the Office expanding the program. provided in connection with such referrals. of Management and Budget shall establish a Mr. REID. Mr. President, I ask unan- ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL plan for improving the quality, accuracy, and WEBSITE.—The Office of Management and timeliness of death data maintained by the So- imous consent that the committee-re- Budget shall make each report submitted cial Security Administration, including death ported substitute amendment be con- under this paragraph available on a central information reported to the Commissioner under sidered, the Carper amendment, which website. section 205(r) of the Social Security Act (42 is at the desk, be agreed to, the com- ‘‘(D) AVAILABILITY OF INFORMATION TO IN- U.S.C. 405(r)). mittee-reported amendment, as amend- SPECTOR GENERAL.—Subparagraph (B)(ii) (2) ADDITIONAL ACTIONS UNDER PLAN.—The ed, be agreed to, and the bill, as amend- shall not prohibit any referral or informa- plan established under this subsection shall in- ed, be read a third time and passed, the tion being made available to an Inspector clude recommended actions by agencies to— General as otherwise provided by law. (A) increase the quality and frequency of ac- motion to reconsider be laid upon the ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— cess to the Death Master File and other death table, with no intervening action or de- The Inspector General of each agency that data; bate, and any related statements be submits a report under this paragraph shall, (B) achieve a goal of at least daily access as printed in the RECORD. for each program of the agency that is iden- appropriate; The PRESIDING OFFICER. Without tified under paragraph (1)(A)— (C) provide for all States and other data pro- objection, it is so ordered. ‘‘(i) review— viders to use improved and electronic means for The amendment (No. 2770) was agreed ‘‘(I) the assessment of the level of risk as- providing data; sociated with the program, and the quality (D) identify improved methods by agencies for to, as follows: of the improper payment estimates and determining ineligible payments due to the (Purpose: In the nature of a substitute) methodology of the agency relating to the death of a recipient through proactive In lieu of the matter proposed to be in- program; and verification means; and serted, insert the following: ‘‘(II) the oversight or financial controls to (E) address improper payments made by agen- identify and prevent improper payments cies to deceased individuals as part of Federal SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Improper under the program; and retirement programs. ‘‘(ii) submit to Congress recommendations, (3) REPORT.—Not later than 120 days after the Payments Elimination and Recovery Im- provement Act of 2012’’. which may be included in another report date of enactment of this Act, the Director of submitted by the Inspector General to Con- the Office of Management and Budget shall SEC. 2. DEFINITIONS. gress, for modifying any plans of the agency submit a report to Congress on the plan estab- In this Act— relating to the program, including improve- lished under this subsection, including rec- (1) the term ‘‘agency’’ means an executive ments for improper payments determination ommended legislation. agency as that term is defined under section and estimation methodology.’’; SEC. 6. IMPROVING RECOVERY OF IMPROPER 102 of title 31, United States Code; and (3) in subsection (d) (as redesignated by PAYMENTS. (2) the term ‘‘improper payment’’ has the paragraph (1) of this subsection), by striking (a) DEFINITION.—In this section, the term ‘‘re- meaning given that term in section 2(g) of ‘‘subsection (b)’’ each place that term ap- covery audit’’ means a recovery audit described the Improper Payments Information Act of pears and inserting ‘‘subsection (c)’’; under section 2(h) of the Improper Payments 2002 (31 U.S.C. 3321 note), as redesignated by (4) in subsection (e) (as redesignated by Elimination and Recovery Act of 2010. section 3(a)(1) of this Act. paragraph (1) of this subsection), by striking (b) IN GENERAL.—The Director of the Office of SEC. 3. IMPROVING THE DETERMINATION OF IM- ‘‘subsection (b)’’ and inserting ‘‘subsection Management and Budget shall determine— PROPER PAYMENTS BY FEDERAL (c)’’; and (1) current and historical rates and amounts AGENCIES. (5) in subsection (g)(3) (as redesignated by of recovery of improper payments (or, in cases in (a) IN GENERAL.—Section 2 of the Improper paragraph (1) of this subsection), by insert- which improper payments are identified solely Payments Information Act of 2002 (31 U.S.C. ing ‘‘or a Federal employee’’ after ‘‘non-Fed- on the basis of a sample, recovery rates and 3321 note) is amended— eral person or entity’’. amounts estimated on the basis of the applicable (1) by redesignating subsections (b) (b) IMPROVED ESTIMATES.— sample), including specific information of through (g) as subsections (c) through (h), re- (1) IN GENERAL.—Not later than 180 days amounts and payments recovered by recovery spectively; after the date of enactment of this Act, the audit contractors; and (2) by inserting after subsection (a) the fol- Director of the Office of Management and (2) targets for recovering improper payments, lowing: Budget shall provide guidance to agencies including specific information on amounts and ‘‘(b) IMPROVING THE DETERMINATION OF IM- for improving the estimates of improper pay- payments recovered by recovery audit contrac- PROPER PAYMENTS.— ments under the Improper Payments Infor- tors. ‘‘(1) IN GENERAL.—The Director of the Of- mation Act of 2002 (31 U.S.C. 3321 note). (c) RECOVERY AUDIT CONTRACTOR PRO- fice of Management and Budget shall on an (2) GUIDANCE.—Guidance under this sub- GRAMS.— annual basis— section shall— (1) ESTABLISHMENT.—Not later than 90 days ‘‘(A) identify a list of high-priority Federal (A) strengthen the estimation process of after the date of enactment of this Act, the Di- programs for greater levels of oversight and agencies by setting standards for agencies to rector of the Office of Management and Budget review— follow in determining the underlying valid- shall establish a plan for no less than 10 Recov- ‘‘(i) in which the highest dollar value or ity of sampled payments to ensure amounts ery Audit Contracting programs for the purpose highest rate of improper payments occur; or being billed are proper; and of identifying and recovering overpayments and ‘‘(ii) for which there is a higher risk of im- (B) instruct agencies to give the persons or underpayments in 10 agencies. proper payments; and entities performing improper payments esti- (2) RANGE OF RECOVERY AUDIT CONTRACTING ‘‘(B) in coordination with the agency re- mates access to all necessary payment data, TYPES.—Programs established under paragraph sponsible for administering the high-priority including access to relevant documentation; (1) shall be representative of different types of— (A) programs, including programs that differ program, establish annual targets and semi- (C) explicitly bar agencies from relying on in size, payment types, and recipient types (such annual or quarterly actions for reducing im- self-reporting by the recipients of agency as beneficiaries and vendors or contractors) proper payments associated with each high- payments as the sole source basis for im- across the Federal Government; and priority program. proper payments estimates; (B) recover audit contracting (including indi- ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER (D) require agencies to include all identi- vidual payments review and demographic anal- PAYMENTS.— fied improper payments in the reported esti- ysis). ‘‘(A) IN GENERAL.—Subject to Federal pri- mate, regardless of whether the improper (3) INITIAL OPERATION OF PROGRAMS.—Not vacy policies and to the extent permitted by payment in question has been or is being re- later than 1 year after the plan under para- law, each agency with a program identified covered; graph (1) is established, each applicable agency under paragraph (1)(A) on an annual basis (E) include payments to employees, includ- shall establish the programs included in that shall submit to the Inspector General of that ing salary, locality pay, travel pay, purchase plan which shall be conducted for not more agency, and make available to the public (in- card use, and other employee payments, as than a 3-year period. cluding availability through the Internet), a subject to risk assessment and, where appro- (4) REPORTS.— report on that program. priate, improper payment estimation; and (A) IN GENERAL.—Not later than 2 years after ‘‘(B) CONTENTS.—Each report under this (F) require agencies to tailor their correc- establishing a program under the plan estab- paragraph— tive actions for the high-priority programs

VerDate Mar 15 2010 05:47 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.008 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE August 1, 2012 CONGRESSIONAL RECORD — SENATE S5897 identified under section 2(b)(1)(A) of the Im- to verify payment or award eligibility in ac- sideration, the Data Integrity Board shall re- proper Payments Information Act of 2002 (31 cordance with subsection (a) when the Direc- spond to the proposal. U.S.C. 3321 note) to better reflect the unique tor of the Office of Management and Budget (C) TERMINATION DATE.—An agreement processes, procedures, and risks involved in determines the Do Not Pay Initiative is ap- under subparagraph (A)— each specific program. propriately established for the agency. (i) shall have a termination date of less (c) TECHNICAL AND CONFORMING AMEND- (4) PAYMENT OTHERWISE REQUIRED.—When than 3 years; and MENTS.—The Improper Payments Elimi- using the Do Not Pay Initiative, an agency (ii) during the 3-month period ending on nation and Recovery Act of 2010 (Public Law shall recognize that there may be cir- the date on which the agreement is sched- 111–204; 124 Stat. 2224) is amended— cumstances under which the law requires a uled to terminate, may be renewed by the (1) in section 2(h)(1) (31 U.S.C. 3321 note), payment or award to be made to a recipient, agencies entering the agreement for not by striking ‘‘section 2(f)’’ and all that fol- regardless of whether that recipient is iden- more than 3 years. lows and inserting ‘‘section 2(g) of the Im- tified as potentially ineligible under the Do (D) MULTIPLE AGENCIES.—For purposes of proper Payments Information Act of 2002 (31 Not Pay Initiative. this paragraph, section 552a(o)(1) of title 5, U.S.C. 3321 note).’’; and (5) ANNUAL REPORT.—The Director of the United States Code, shall be applied by sub- (2) in section 3(a) (31 U.S.C. 3321 note)— Office of Management and Budget shall sub- stituting ‘‘between the source agency and (A) in paragraph (1), by striking ‘‘section mit to Congress an annual report, which may the recipient agency or non-Federal agency 2(f)’’ and all that follows and inserting ‘‘sec- be included as part of another report sub- or an agreement governing multiple agen- tion 2(g) of the Improper Payments Informa- mitted to Congress by the Director, regard- cies’’ for ‘‘between the source agency and the ing the operation of the Do Not Pay Initia- tion Act of 2002 (31 U.S.C. 3321 note).’’; and recipient agency or non-Federal agency’’ in tive, which shall— (B) in paragraph (3)— the matter preceding subparagraph (A). (A) include an evaluation of whether the (i) by striking ‘‘section 2(b)’’ each place it (E) COST-BENEFIT ANALYSIS.—A justifica- Do Not Pay Initiative has reduced improper appears and inserting ‘‘section 2(c)’’; and tion under section 552a(o)(1)(B) of title 5, payments or improper awards; and (ii) by striking ‘‘section 2(c)’’ each place it United States Code, relating to an agree- (B) provide the frequency of corrections or appears and inserting ‘‘section 2(d)’’. ment under subparagraph (A) is not required identification of incorrect information. SEC. 4. IMPROPER PAYMENTS INFORMATION. to contain a specific estimate of any savings (c) DATABASE INTEGRATION PLAN.—Not Section 2(a)(3)(A)(ii) of the Improper Pay- later than 60 days after the date of enact- under the computer matching agreement. ments Information Act of 2002 (31 U.S.C. 3321 ment of this Act, the Director of the Office (F) GUIDANCE BY THE OFFICE OF MANAGE- note) is amended by striking ‘‘with respect of Management and Budget shall provide to MENT AND BUDGET.—Not later than 6 months to fiscal years following September 30th of a the Congress a plan for— after the date of enactment of this Act, and fiscal year beginning before fiscal year 2013 (1) inclusion of other databases on the Do in consultation with the Council of Inspec- as determined by the Office of Management Not Pay Initiative; tors General on Integrity and Efficiency, the and Budget’’ and inserting ‘‘with respect to (2) to the extent permitted by law, agency Secretary of Health and Human Services, the fiscal year 2014 and each fiscal year there- access to the Do Not Pay Initiative; and Commissioner of Social Security, and the after’’. (3) the multilateral data use agreements head of any other relevant agency, the Direc- SEC. 5. DO NOT PAY INITIATIVE. described under subsection (e). tor of the Office of Management and Budget (a) PREPAYMENT AND PREAWARD PROCE- (d) INITIAL WORKING SYSTEM.— shall— DURES.— (1) ESTABLISHMENT.—Not later than 90 days (i) issue guidance for agencies regarding (1) IN GENERAL.—Each agency shall review after the date of enactment of this Act, the implementing this paragraph, which shall in- prepayment and preaward procedures and en- Director of the Office of Management and clude standards for— sure that a thorough review of available Budget shall establish a working system for (I) reimbursement of costs, when nec- databases with relevant information on eli- prepayment and preaward review that in- essary, between agencies; gibility occurs to determine program or cludes the Do Not Pay Initiative as described (II) retention and timely destruction of award eligibility and prevent improper pay- under this section. records in accordance with section ments before the release of any Federal (2) WORKING SYSTEM.—The working system 552a(o)(1)(F) of title 5, United States Code; funds. established under paragraph (1)— (III) prohibiting duplication and redisclo- (2) DATABASES.—At a minimum and before (A) may be located within an appropriate sure of records in accordance with section issuing any payment and award, each agency agency; 552a(o)(1)(H) of title 5, United States Code; shall review as appropriate the following (B) shall include not less than 3 agencies as (ii) review the procedures of the Data In- databases to verify eligibility of the pay- users of the system; and tegrity Boards established under section ment and award: (C) shall include investigation activities 552a(u) of title 5, United States Code, and de- (A) The Death Master File of the Social Se- for fraud and systemic improper payments velop new guidance for the Data Integrity curity Administration. detection through analytic technologies and Boards to— (B) The General Services Administration’s other techniques, which may include com- (I) improve the effectiveness and respon- Excluded Parties List System. mercial database use or access. siveness of the Data Integrity Boards; and (C) The Debt Check Database of the De- (3) APPLICATION TO ALL AGENCIES.—Not (II) ensure privacy protections in accord- partment of the Treasury. later than June 1, 2013, each agency shall re- ance with section 552a of title 5, United (D) The Credit Alert System or Credit view all payments and awards for all pro- States Code (commonly known as the Pri- Alert Interactive Voice Response System of grams of that agency through the system es- vacy Act of 1974); and the Department of Housing and Urban Devel- tablished under this subsection. (III) establish standard matching agree- opment. (e) FACILITATING DATA ACCESS BY FEDERAL ments for use when appropriate; and (E) The List of Excluded Individuals/Enti- AGENCIES AND OFFICES OF INSPECTORS GEN- (iii) establish and clarify rules regarding ties of the Office of Inspector General of the ERAL FOR PURPOSES OF PROGRAM INTEG- what constitutes making an agreement en- Department of Health and Human Services. RITY.— tered under subparagraph (A) available upon (b) DO NOT PAY INITIATIVE.— (1) DEFINITION.—In this subsection, the request to the public for purposes of section (1) ESTABLISHMENT.—There is established term ‘‘Inspector General’’ means an Inspec- 552a(o)(2)(A)(ii) of title 5, United States the Do Not Pay Initiative which shall in- tor General described in subparagraph (A), Code, which shall include requiring publica- clude— (B), or (I) of section 11(b)(1) of the Inspector tion of the agreement on a public website. (A) use of the databases described under General Act of 1978 (5 U.S.C. App.). (G) CORRECTIONS.—The Director of the Of- subsection (a)(2); and (2) COMPUTER MATCHING BY FEDERAL AGEN- fice of Management and Budget shall estab- (B) use of other databases designated by CIES FOR PURPOSES OF INVESTIGATION AND lish procedures providing for the correction the Director of the Office of Management PREVENTION OF IMPROPER PAYMENTS AND of data in order to ensure— and Budget in consultation with agencies FRAUD.— (i) compliance with section 552a(p) of title and in accordance with paragraph (2). (A) IN GENERAL.—Except as provided in this 5, United States Code; and (2) OTHER DATABASES.—In making designa- paragraph, in accordance with section 552a of (ii) that corrections are made in any Do tions of other databases under paragraph title 5, United States Code (commonly Not Pay Initiative database and in any rel- (1)(B), the Director of the Office of Manage- known as the Privacy Act of 1974), each In- evant source databases designated by the Di- ment and Budget shall— spector General and the head of each agency rector of the Office of Management and (A) consider any database that substan- may enter into computer matching agree- Budget under subsection (b)(1). tially assists in preventing improper pay- ments that allow ongoing data matching (H) COMPLIANCE.—The head of each agency, ments; and (which shall include automated data match- in consultation with the Inspector General of (B) provide public notice and an oppor- ing) in order to assist in the detection and the agency, shall ensure that any informa- tunity for comment before designating a prevention of improper payments. tion provided to an individual or entity database under paragraph (1)(B). (B) REVIEW.—Not later than 60 days after a under this subsection is provided in accord- (3) ACCESS AND REVIEW BY AGENCIES.—For proposal for an agreement under subpara- ance with protocols established under this purposes of identifying and preventing im- graph (A) has been presented to a Data In- subsection. proper payments, each agency shall have ac- tegrity Board established under section (I) RULE OF CONSTRUCTION.—Nothing in this cess to, and use of, the Do Not Pay Initiative 552a(u) of title 5, United States Code, for con- subsection shall be construed to affect the

VerDate Mar 15 2010 04:46 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.007 S01AUPT1 pwalker on DSK7TPTVN1PROD with SENATE S5898 CONGRESSIONAL RECORD — SENATE August 1, 2012 rights of an individual under section 552a(p) PROVIDING FOR THE APPOINT- The resolution (S. Res. 519) was of title 5, United States Code. MENT OF BARBARA BARRETT AS agreed to. (f) DEVELOPMENT AND ACCESS TO A DATA- A CITIZEN REGENT OF THE The preamble was agreed to. BASE OF INCARCERATED INDIVIDUALS.—Not BOARD OF REGENTS OF THE The resolution, with its preamble, later than 1 year after the date of enactment reads as follows: of this Act, the Attorney General shall sub- SMITHSONIAN INSTITUTION mit to Congress recommendations for in- Mr. REID. Mr. President, I ask unan- S. RES. 519 creasing the use of, access to, and the tech- imous consent that the Senate proceed Whereas, since World War II, hundreds of nical feasibility of using data on the Federal, to the consideration of S.J. Res. 49. thousands of men and women, including ura- State, and local conviction and incarcer- The PRESIDING OFFICER. The nium miners, millers, and haulers, have ation status of individuals for purposes of clerk will report the joint resolution served the United States by building nuclear identifying and preventing improper pay- weapons for the defense of the United States; ments by Federal agencies and programs and by title. Whereas those dedicated workers paid a fraud. The assistant legislative clerk read high price for their service to develop a nu- (g) PLAN TO CURB FEDERAL IMPROPER PAY- as follows: clear weapons program for the benefit of the MENTS TO DECEASED INDIVIDUALS BY IMPROV- A joint resolution (S.J. Res. 49) providing United States, including by developing dis- ING THE QUALITY AND USE BY FEDERAL AGEN- for the appointment of Barbara Barrett as a abling or fatal illnesses; CIES OF THE SOCIAL SECURITY ADMINISTRATION citizen regent of the Board of Regents of the Whereas the Senate recognized the con- DEATH MASTER FILE.— Smithsonian Institution. tribution, service, and sacrifice those patri- (1) ESTABLISHMENT.—In conjunction with There being no objection, the Senate otic men and women made for the defense of the United States in Senate Resolution 151, the Commissioner of Social Security and in proceeded to consider the joint resolu- consultation with relevant stakeholders that 111th Congress, agreed to May 20, 2009; Sen- have an interest in or responsibility for pro- tion. ate Resolution 653, 111th Congress, agreed to viding the data, and the States, the Director Mr. REID. Mr. President, I ask unan- September 28, 2010; and Senate Resolution of the Office of Management and Budget imous consent that the joint resolution 275, 112th Congress, agreed to September 26, shall establish a plan for improving the qual- be read a third time and passed, the 2011; ity, accuracy, and timeliness of death data motion to reconsider be laid upon the Whereas a national day of remembrance maintained by the Social Security Adminis- table, there be no intervening action or time capsule has been crossing the United tration, including death information re- debate, and any statements related to States, collecting artifacts and the stories of ported to the Commissioner under section nuclear weapons program workers relating the matter be printed in the RECORD. 205(r) of the Social Security Act (42 U.S.C. to the nuclear defense era of the United 405(r)). The PRESIDING OFFICER. Without States, and a remembrance quilt has been (2) ADDITIONAL ACTIONS UNDER PLAN.—The objection, it is so ordered. constructed to memorialize the contribution plan established under this subsection shall The joint resolution (S.J. Res. 49) of those workers; include recommended actions by agencies was ordered to be engrossed for a third Whereas the stories and artifacts reflected to— reading, was read the third time, and in the time capsule and the remembrance (A) increase the quality and frequency of passed, as follows: quilt reinforce the importance of recognizing access to the Death Master File and other nuclear weapons program workers; and S.J. RES. 49 death data; Whereas those patriotic men and women (B) achieve a goal of at least daily access Resolved by the Senate and House of Rep- deserve to be recognized for the contribu- as appropriate; resentatives of the United States of America in tion, service, and sacrifice they have made (C) provide for all States and other data Congress assembled, That, in accordance with for the defense of the United States: Now, providers to use improved and electronic section 5581 of the Revised Statutes of the therefore, be it means for providing data; United States (20 U.S.C. 43), the vacancy on Resolved, That the Senate— (D) identify improved methods by agencies the Board of Regents of the Smithsonian In- (1) designates October 30, 2012, as a na- for determining ineligible payments due to stitution, in the class other than Members of tional day of remembrance for the nuclear the death of a recipient through proactive Congress, occurring by reason of the expira- weapons program workers, including ura- verification means; and tion of the term of Alan Spoon of Massachu- nium miners, millers, and haulers, of the (E) address improper payments made by setts on May 5, 2012, is filled by the appoint- United States; and agencies to deceased individuals as part of ment of Barbara Barrett of Arizona. The ap- (2) encourages the people of the United Federal retirement programs. pointment is for a term of 6 years, beginning States to support and participate in appro- on the later of May 5, 2012, or the date of the (3) REPORT.—Not later than 120 days after priate ceremonies, programs, and other ac- the date of enactment of this Act, the Direc- enactment of this joint resolution. tivities to commemorate October 30, 2012, as tor of the Office of Management and Budget f a national day of remembrance for past and present workers in the nuclear weapons pro- shall submit a report to Congress on the plan NATIONAL DAY OF REMEMBRANCE established under this subsection, including gram of the United States. recommended legislation. FOR NUCLEAR WEAPONS PRO- GRAM WORKERS f SEC. 6. IMPROVING RECOVERY OF IMPROPER PAYMENTS. Mr. REID. Mr. President, I ask unan- RESOLUTIONS SUBMITTED TODAY (a) DEFINITION.—In this section, the term imous consent that the Judiciary Com- Mr. REID. Mr. President, I ask unan- ‘‘recovery audit’’ means a recovery audit de- mittee be discharged from further con- imous consent that the Senate proceed scribed under section 2(h) of the Improper sideration of S. Res. 519, and that the to the immediate consideration en bloc Payments Elimination and Recovery Act of Senate proceed to the resolution. of the following resolutions which were 2010. The PRESIDING OFFICER. Without submitted earlier today: S. Res. 536, S. (b) REVIEW.—The Director of the Office of Management and Budget shall determine— objection, it is so ordered. Res. 537, S. Res. 538, S. Res. 539, and S. (1) current and historical rates and The clerk will report the resolution Res. 540. amounts of recovery of improper payments by title. The PRESIDING OFFICER. Without (or, in cases in which improper payments are The assistant legislative clerk read objection, it is so ordered. The Senate identified solely on the basis of a sample, re- as follows: will proceed to consider the resolutions covery rates and amounts estimated on the A resolution (S. Res. 519) designating Octo- en bloc. basis of the applicable sample), including a ber 30, 2012, as a national day of remem- Mr. REID. Mr. President, I ask unan- list of agency recovery audit contract pro- brance for nuclear weapons program work- imous consent the resolutions be grams and specific information of amounts ers. agreed to, the preambles be agreed to, and payments recovered by recovery audit contractors; and There being no objection, the Senate the motions to reconsider be laid upon (2) targets for recovering improper pay- proceeded to consider the resolution. the table en bloc with no intervening ments, including specific information on Mr. REID. Mr. President, I ask unan- action or debate, and any statements amounts and payments recovered by recov- imous consent the resolution be agreed related to these matters be printed in ery audit contractors. to, the preamble be agreed to, the mo- the RECORD as if read. The committee-reported substitute, tions to reconsider be laid upon the The PRESIDING OFFICER. Without as amended, was agreed to. table with no intervening action or de- objection, it is so ordered. The bill (S. 1409), as amended, was or- bate, and any statements be printed in The resolutions were agreed to. dered to be engrossed for a third read- the RECORD as if read. The preambles were agreed to. ing, was read the third time, and The PRESIDING OFFICER. Without The resolutions, with their pre- passed. objection, it is so ordered. ambles, read as follows:

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S. RES. 536 Whereas the mortality rate for ovarian Whereas the probability that obesity will (Designating September 9, 2012, as ‘‘National cancer has not significantly decreased since lead to death and high cholesterol levels is Fetal Alcohol Spectrum Disorders Aware- the ‘‘War on Cancer’’ was declared, more strongly associated with advanced prostate ness Day’’) than 40 years ago; cancer; Whereas all women are at risk for ovarian Whereas males in the United States with 1 Whereas the term ‘‘fetal alcohol spectrum cancer, and 90 percent of women diagnosed family member diagnosed with prostate can- disorders’’ includes a broader range of condi- with ovarian cancer do not have a family cer have a 33 percent chance of being diag- tions than the term ‘‘fetal alcohol syn- history that puts them at higher risk; nosed with the disease, males with 2 family drome’’ and has replaced the term ‘‘fetal al- Whereas some women, such as those with a members diagnosed have an 83 percent cohol syndrome’’ as the umbrella term de- family history of breast or ovarian cancer, chance, and males with 3 family members di- scribing the range of effects that can occur are at higher risk for developing the disease; agnosed have a 97 percent chance; in an individual whose mother consumed al- Whereas the Pap test is sensitive and spe- Whereas screening by a digital rectal ex- cohol during her pregnancy; cific to the early detection of cervical can- amination and a prostate-specific antigen Whereas fetal alcohol spectrum disorders cer, but not to ovarian cancer; blood test can detect the disease at the early are the leading cause of cognitive disability Whereas, as of the date of agreement to stages, increasing the chances of survival for in Western civilization, including the United this resolution, there is no reliable early de- more than 5 years to nearly 100 percent; States, and are 100 percent preventable; tection test for ovarian cancer; Whereas only 27.8 percent of males survive Whereas fetal alcohol spectrum disorders Whereas many people are unaware that the more than 5 years if diagnosed with prostate are a major cause of numerous social dis- symptoms of ovarian cancer often include cancer after the cancer has metastasized; orders, including learning disabilities, school bloating, pelvic or abdominal pain, difficulty Whereas there are no noticeable symptoms failure, juvenile delinquency, homelessness, eating or feeling full quickly, urinary symp- of prostate cancer while the cancer is in the unemployment, mental illness, and crime; toms, and several other symptoms that are early stages, making screening critical; Whereas the incidence rate of fetal alcohol easily confused with other diseases; Whereas ongoing research promises further syndrome is estimated at 1 out of every 500 Whereas, in June 2007, the first national improvements in prostate cancer prevention, live births and the incidence rate of fetal al- consensus statement on ovarian cancer early detection, and treatment; and cohol spectrum disorders is estimated at 1 symptoms was developed to provide consist- Whereas educating people in the United out of every 100 live births; ency in describing symptoms to make it States, including health care providers, Whereas, in February 1999, a small group of easier for women to learn and remember the about prostate cancer and early detection parents with children who suffer from fetal symptoms; strategies is crucial to saving the lives of alcohol spectrum disorders united to pro- Whereas there are known methods to re- males and preserving and protecting fami- mote awareness of the devastating con- duce the risk of ovarian cancer, including lies: Now, therefore, be it sequences of alcohol consumption during prophylactic surgery, oral contraceptives, Resolved, That the Senate— pregnancy by establishing International and breast-feeding; (1) designates September 2012 as ‘‘National Fetal Alcohol Syndrome Awareness Day; Whereas, due to the lack of a reliable early Prostate Cancer Awareness Month’’; Whereas September 9, 1999, became the detection test, 75 percent of cases of ovarian (2) declares that steps should be taken— first International Fetal Alcohol Syndrome cancer are detected at an advanced stage, (A) to raise awareness about the impor- Awareness Day; making the overall 5-year survival rate only tance of screening methods for, and treat- Whereas Bonnie Buxton of Toronto, Can- 45 percent; ment of, prostate cancer; ada, the co-founder of the first International Whereas there are factors that are known (B) to increase research funding in an Fetal Alcohol Syndrome Awareness Day, to reduce the risk for ovarian cancer and amount commensurate with the burden of asked ‘‘What if . . . a world full of FAS/E that play an important role in the preven- prostate cancer so that— [Fetal Alcohol Syndrome/Effect] parents all tion of the disease; (i) screening and treatment for prostate got together on the ninth hour of the ninth Whereas awareness of the symptoms of cancer may be improved; day of the ninth month of the year and asked ovarian cancer by women and health care (ii) the causes of prostate cancer may be the world to remember that, during the 9 providers can lead to a quicker diagnosis; discovered; and months of pregnancy, a woman should not Whereas, each year during the month of (iii) a cure for prostate cancer may be de- consume alcohol . . . would the rest of the September, the Ovarian Cancer National Al- veloped; and world listen?’’; and liance and its partner members hold a num- (C) to continue to consider ways for im- Whereas, on the ninth day of the ninth ber of events to increase public awareness of proving access to, and the quality of, health month of each year since 1999, communities ovarian cancer; and care services for detecting and treating pros- around the world have observed Inter- Whereas September 2012 should be des- tate cancer; and national Fetal Alcohol Syndrome Awareness ignated as ‘‘National Ovarian Cancer Aware- (3) calls on the people of the United States, Day: Now, therefore, be it ness Month’’ to increase the awareness of the interested groups, and affected persons— Resolved, That the Senate— public regarding the cancer: (A) to promote awareness of prostate can- (1) designates September 9, 2012, as ‘‘Na- Now, therefore, be it cer; tional Fetal Alcohol Spectrum Disorders Resolved, That the Senate supports the (B) to take an active role in the fight to Awareness Day’’; and goals and ideals of National Ovarian Cancer end the devastating effects of prostate can- (2) calls on the people of the United States Awareness Month. cer on individuals, families, and the econ- to observe National Fetal Alcohol Spectrum S. RES. 538 omy; and Disorders Awareness Day with— (Designating September 2012 as ‘‘National (C) to observe National Prostate Cancer (A) appropriate ceremonies— Prostate Cancer Awareness Month’’) Awareness Month with appropriate cere- (i) to promote awareness of the effects of monies and activities. Whereas countless families in the United prenatal exposure to alcohol; S. RES. 539 (ii) to increase compassion for individuals States live with prostate cancer; (Designating October 13, 2012, as ‘‘National affected by prenatal exposure to alcohol; Whereas 1 in 6 males in the United States Chess Day’’) (iii) to minimize the effects of prenatal ex- will be diagnosed with prostate cancer dur- posure to alcohol; and ing his lifetime; Whereas there are more than 80,000 mem- (iv) to ensure healthier communities Whereas prostate cancer is the most com- bers of the United States Chess Federation across the United States; and monly diagnosed non-skin cancer and the (referred to in this preamble as the ‘‘Federa- (B) a moment of reflection during the second most common cause of cancer-related tion’’), and an unknown number of addi- ninth hour of September 9, 2012, to remember deaths among males in the United States; tional people in the United States who play that a woman should not consume alcohol Whereas, in 2012, the American Cancer So- chess without joining an official organiza- during the 9 months of her pregnancy. ciety estimates that 241,740 males will be di- tion; agnosed with prostate cancer, and 28,170 Whereas approximately 1⁄2 of the members S. RES. 537 males will die from the disease; of the Federation are members of scholastic (Supporting the goals and ideals of National Whereas 30 percent of newly diagnosed chess programs, and many of those members Ovarian Cancer Awareness Month) prostate cancer cases occur in males under join the Federation by the age of 10; Whereas ovarian cancer is the deadliest of the age of 65; Whereas the Federation is very supportive all gynecologic cancers; Whereas, approximately every 14 seconds, a of scholastic chess programs and sponsors a Whereas ovarian cancer is the 5th leading male in the United States turns 50 years old Certified Chess Coach program that provides cause of cancer deaths among women in the and increases his odds of developing cancer, the coaches involved in the scholastic chess United States; including prostate cancer; programs with training and ensures schools Whereas approximately 22,000 women will Whereas African-American males suffer and students can have confidence in the pro- be diagnosed with ovarian cancer this year, from a prostate cancer death rate that is grams; and 15,500 will die from the disease; more than twice the death rate of White Whereas many studies have linked scho- Whereas these deaths are those of our males from prostate cancer; lastic chess programs to the improvement of mothers, sisters, daughters, family members, Whereas obesity is a significant predictor students’ scores in reading and math, as well and community leaders; of the severity of prostate cancer; as improved self-esteem;

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Mr. President, I ask unan- learning tool that can be used to successfully by highly qualified health care providers, in- imous consent that when the Senate enhance students’ reading skills and under- cluding advanced practice nurses, physician completes its business today, it ad- standing of math concepts; and assistants, and physicians; journ until 9:30 a.m. tomorrow, Thurs- Whereas chess engages students of all Whereas convenient care clinicians all day, August 2; that following the pray- learning styles and strengths and promotes have advanced education in providing qual- er and pledge, the Journal of pro- problem-solving and higher-level thinking ity health care for common episodic ail- skills: Now, therefore, be it ments including cold and flu, skin irritation, ceedings be approved to date, the Resolved, That the Senate— and muscle strains and sprains, and can also morning hour be deemed expired and (1) designates October 13, 2012, as ‘‘Na- provide immunizations, physicals, and pre- the time for the two leaders be re- tional Chess Day’’ to enhance awareness and ventive health screening; served for their use later in the day; encourage students and adults to play chess, Whereas convenient care clinics are proven that the majority leader be recognized, a game known to enhance critical-thinking to be a cost-effective alternative to similar and that following his remarks, the and problem-solving skills; and treatment obtained in physicians’ offices, ur- (2) encourages the people of the United Senate begin consideration of S. 3326, gent care clinics, or emergency departments; the AGOA/Burma sanctions bill and the States to observe National Chess Day with and appropriate programs and activities. Whereas convenient care clinics com- Coburn amendment under the previous NATIONAL CHESS DAY RESOLUTION plement traditional medical service pro- order. Mr. ROCKEFELLER. Mr. President, I viders by providing extended weekday and Mr. President, I think it is important rise in support of a bipartisan resolu- weekend hours without the need for an ap- to note because of the time frame in tion to designate National Chess Day pointment, short wait times, and visits that the morning which Senator MCCONNELL as October 13, 2012. I greatly appreciate generally last only 15 to 20 minutes: Now, and I just briefly announced, he and I the support of my colleagues, Senator therefore, be it Resolved, That the Senate— will give no opening statements tomor- LAMAR ALEXANDER of Tennessee and (1) designates the week of August 6 row. Senator CARL LEVIN of Michigan. through August 10, 2012, as ‘‘National Con- Following the debate on the Coburn National Chess Day is designed to en- venient Care Clinic Week’’; amendment, the time until 11 a.m. will hance awareness and encourage stu- (2) supports the goals and ideals of Na- be equally divided and controlled be- dents and adults to engage in a game tional Convenient Care Clinic Week to raise tween the two leaders or their des- known to enhance critical thinking awareness of the need for accessible and ignees prior to the cloture vote on S. and problem-solving skills. cost-effective health care options to com- There are over 80,000 members of the plement the traditional health care model; 3414, the cyber security bill; further, Chess Federation with many of these (3) recognizes that many people in the that notwithstanding the outcome of members joining before the age of 10. United States face difficulties accessing tra- the cloture vote, the Senate then pro- Studies indicate that chess programs ditional models of health care delivery; ceed to vote on the Coburn amendment (4) supports the use of convenient care to S. 3326, and the remaining provisions aid in improving students’ scores in clinics as an adjunct to the traditional math and reading and interest students of the previous order be executed; and model of health care delivery; and finally I ask consent that the filing of all learning styles and strengths. (5) calls on the States to support the estab- Engaging students in such activities lishment of convenient care clinics so that deadline for second-degree amendments can make learning fun and help them more people in the United States will have to S. 3414 be at 10 a.m. on Thursday develop a lifelong pastime to exercise access to the cost-effective and necessary morning. their skills. emergent and preventive services provided in The PRESIDING OFFICER. Without Engaging students in chess is a won- the clinics. objection, it is so ordered. derful opportunity to promote edu- Mr. INOUYE. Mr. President, today I cation, and I hope as school begins in a rise to recognize all of the providers f few weeks, more students will join the who work in retail-based Convenient Chess Federation and learn to love this Care Clinics in a Resolution to des- PROGRAM historical game. ignate August 6 through August 10, 2012 S. RES. 540 as National Convenient Care Clinic Mr. REID. Mr. President, there will (Designating the week of August 6 through Week. National Convenient Care Clinic be two rollcall votes tomorrow at 11 August 10, 2012, as ‘‘National Convenient Week will provide a platform from a.m. The first will be a cloture vote on Care Clinic Week’’) which to promote the pivotal services the cyber security bill. The second will Whereas convenient care clinics are health offered by the more than 1,350 retail- be on the Coburn amendment to the care facilities located in high-traffic retail based convenient care clinics in the Burma sanctions legislation. Addi- outlets that provide affordable and acces- United States. tional votes are possible tomorrow. sible care to patients who have little time to Today, thousands of nurse practi- Senators will be notified as soon as we schedule an appointment with a traditional know. primary care provider or are otherwise un- tioners, physician assistants, and phy- able to schedule such an appointment; sicians provide care in convenient care Whereas millions of people in the United clinics. At a time when Americans are f States do not have a primary care provider, more and more challenged by the inac- and there is a worsening primary care pro- cessibility and high costs of health ADJOURNMENT UNTIL 9:30 A.M. vider shortage that will prevent many people care, convenient care clinics offer a TOMORROW from obtaining one in the future; primary care alternative. Whereas convenient care clinics have pro- A Senate Resolution will help pave Mr. REID. Mr. President, if there is vided an accessible alternative for more than the way for this effort. I ask my col- no further business to come before the 15,000,000 people in the United States since leagues to join me in supporting this Senate, I ask unanimous consent that the first clinic opened in 2000, the number of it adjourn under the previous order. convenient care clinics continues to increase tribute to Convenient Care Clinics. rapidly, and as of June 2012, there are ap- I request unanimous consent that the There being no objection, the Senate, proximately 1,350 convenient care clinics in full text of my resolution be printed in at 8:05 p.m., adjourned until Thursday, 35 States; the CONGRESSIONAL RECORD. August 2, 2012, at 9:30 a.m.

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CONGRATULATING MINISTER DISTRICT OF COLUMBIA PAIN-CA- In Cleveland, the celebration honoring Na- LOUIS FARRAKHAN AND THE NA- PABLE UNBORN CHILD PROTEC- tional Health Center Week will take place on TION OF THE ISLAM ON RE- TION ACT Tuesday, August 7th, and be hosted by the OPENING OF THE SALAAM RES- members of Cleveland’s Federally Qualified TAURANT IN THE CITY OF CHI- SPEECH OF Community Health Network which consists of: CAGO. HON. SAM FARR Care Alliance Health Center, Neighborhood Family Practice, Northeast Ohio Neighborhood OF CALIFORNIA Health Services and The Free Medical Clinic IN THE HOUSE OF REPRESENTATIVES HON. DANNY K. DAVIS of Greater Cleveland. Tuesday, July 31, 2012 The theme for this year’s event is ‘‘Cele- OF ILLINOIS Mr. FARR. Mr. Speaker, the majority claims brating America’s Health Centers: Powering IN THE HOUSE OF REPRESENTATIVES that there is no war on women, but here is yet Healthier Communities.’’ The focus will be on the success of Cleveland’s FQHCs over the Wednesday, August 1, 2012 another example of their attempt to restrict women’s access to reproductive health care. years, as well as how the community will wel- Mr. DAVIS of Illinois. Mr. Speaker, I rise to H.R. 3803 is quite simply another attempt by come new movements in the health sector. pay tribute to Minister Louis Farrakhan and anti-choice Republicans to reverse the free- The event will feature local and state ex- the Nation of Islam for implementation of a tre- doms women have gained over the last sev- perts to discuss health disparities in the Cleve- mendous economic development project in the eral decades regarding reproductive choice in land area. A representative from the Ohio De- partment of Health will provide the keynote ad- Auburn-Gresham community of Chicago, Illi- health care. dress. nois. Once again, the majority has sought to re- strict women’s access to reproductive As of 2011, the Cleveland Community After being closed for twelve years, on Sun- healthcare by threatening doctors with prison Health Center Network has served more than day July 1, 2012, at 706 W. 79th Street, 17 (two years) and other penalties if they perform 66,000 patients; Nationwide FQHC’s have Ward, where the Honorable Latasha Thomas abortions after 20 weeks. With doctors fearful served over 20 million people. Community is Alderman. The Nation of Islam re-opened of yet even more restrictions to their practice, Health Centers all across America are the beautiful five (5) million dollar renovated many will simply refuse to treat women who partnering with local healthcare providers, so- Salaam Restaurant. In the Webster Dictionary, want to obtain a safe and legal abortion, thus cial service agencies, and visionaries to en- Salaam is defined as meaning peace. And achieving the majority’s intended goal. sure that quality health care is available to all. peaceful it is. Unbelievably, this bill also allows the woman Mr. Speaker and colleagues, please join me in honoring Cleveland Community Health Cen- The Nation is reported to have spent in ex- who obtains the abortion, the father, or the ter Network as well as the Federally Qualified cess of $5 million dollars to renovate the facil- maternal grandparents to press civil charges against the doctor! In addition, there are no Health Centers for their dedication and service ity and make it a top of the line, first class exceptions to this ban for rape, incest, fetal to our communities and country. community venue. anomaly, or a woman’s health, and with only f The Salaam has already attracted family a narrow exception for a woman’s life. This bill IN SUPPORT OF WOMEN’S ACCESS gatherings, dinner parties, ministers meetings, also uses the term ‘‘unborn child’’ which is a TO PREVENTIVE HEALTH CARE business group meetings and visitors from very slippery slope. SERVICES across the nation. The fact that H.R. 3803 is blatantly uncon- stitutional has been over-looked by the major- At one meeting with ministers, Minister HON. LAURA RICHARDSON Farrakhan is reported to have said to the ity. It clearly violates two Supreme Court deci- sions regarding pre-viability and exceptions for OF CALIFORNIA group ‘‘We built the Salaam restaurant with a woman’s life and health. IN THE HOUSE OF REPRESENTATIVES steel and concrete, that’s why we could close There can be no doubt about the national Wednesday, August 1, 2012 it for twelve years and come and find it still implications of a bill with D.C.’s name on it as here! Because brothers and sisters; for you, a cover for attacking the reproductive rights of Ms. RICHARDSON. Mr. Speaker, beginning there is nothing too good.’’ the Nation’s women. The citizen’s of the Dis- today, August 1, preventative health care pro- For you, we call this, ‘‘The Palace of the trict of Columbia are being unfairly attacked. It visions for women under the Affordable Care People.’’ ‘‘From our bakery, we intend to give is absolutely shameful that the sponsors of Act will begin going into effect for new insur- out your daily bread, freshly baked bread this legislation are trying to impose their will ance plans. made of the finest ingredients. The Salaam on the women of D.C. because they know for As an increasing number of health insur- restaurant also has wonderful vegetarian cui- a fact they could not pass this policy at the ance policies come under the reach of the Af- fordable Care Act, a growing number of sine. But for those who just must have a ten- national level. women will finally be able to access—with no derloin steak, or lamb, come on here to the Mr. Speaker, H.R. 3803 is just another at- co-payments or deductibles—important pre- Salaam.’’ tempt by the majority to wage a war upon women—unfortunately, this time it is directed ventative services including breastfeeding sup- ‘‘Up stairs on the second floor is a private at residents of the District of Columbia. port, counseling for domestic violence, banquet hall, along with the Ministers’ private f screenings for HIV, and well-woman visits. dining room and adjacent is a piano room.’’ Also importantly, women with these new in- IN RECOGNITION OF NATIONAL Currently the restaurant employs forty peo- surance policies will have access to all FDA- HEALTH CENTER WEEK ple and is eager to expand. Many people have approved forms of contraception. This is an called this magnificent creation the ‘‘jewel of unprecedented victory for women in every dis- trict and for women of all backgrounds. 79th street’’ and is a wonderful place for tour- HON. DENNIS J. KUCINICH The use of birth control is nearly universal, ist and visitors when they come to Chicago.’’ OF OHIO IN THE HOUSE OF REPRESENTATIVES with 99 percent of women using contraception Once again, my hat is off to Minister Louis at some point in their lives. A June Hart Re- Farrakhan and the Nation of Islam for putting Wednesday, August 1, 2012 search poll also found that 80 percent of all their money where their mouth is and adding Mr. KUCINICH. Mr. Speaker, I rise today to American women agree that cost should not another level of pride for Alderman Latasha honor Federally Qualified Health Centers be a barrier to using effective birth control. Thomas and the people of the 17th Ward in (FQHC) for 47 years of service during National In addition, a letter released by leading law- the City of Chicago. Health Center Week. and-religion scholar Leslie Griffin, and co-

∑ 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 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.001 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1370 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 signed by 170 law professors at top religiously Equal Protection Clause of the Fourteenth religious organization chooses to hire non- affiliated and non-religiously affiliated law Amendment requires that women enjoy the believers it must, at least to some degree, be schools clearly explains why the contracep- same health and reproductive freedom en- prepared to accept neutral regulations im- joyed by men. posed to protect those employees’ legitimate tive-coverage benefit protects the rights of in- Women’s liberty and equality are well-set- interests in doing what their own beliefs per- dividual employees and in no way violates reli- tled constitutional law and must remain so. mit.’’ gious freedom. I ask unanimous consent to in- Just as the Court ruled in 1983 in Bob Jones The California Supreme Court took a fur- clude the letter in the RECORD. that the free exercise of religion may not ther step, ruling that its women’s health act Mr. Speaker, I agree with the majority of override government policies against racial survived strict scrutiny. Under strict scru- Americans that all women have the right to af- discrimination, today free exercise must not tiny, a law that substantially burdens a reli- fordable and effective birth control, and I am undermine women’s liberty and equality. gious practice is upheld only if the law rep- The diminishment of women’s liberty and resents the least restrictive means of achiev- proud to have fought for this great achieve- equality will be the result if organizations ing a compelling interest. The court con- ment. claiming a religious affiliation are granted cluded that the women’s health care act was Even before the Affordable Care Act went an exemption from the Obama administra- narrowly tailored to the government’s com- into effect, the benefits of publicly-funded fam- tion’s policy requiring all employers to pro- pelling interest in eliminating gender dis- ily planning services could be seen, as these vide contraceptive insurance to their em- crimination, obviating the need to undertake programs have assisted 7 million women each ployees. a substantial-burdens analysis. year and have prevented 2 million unintended The battle against legal contraception has The California Supreme Court’s strict been fought and lost before, not only in the scrutiny analysis remains relevant to criti- pregnancies. 1960s, but also in the 1990s, when state legis- cisms of President Obama’s plan. Opponents Every dollar spent on family planning serv- latures and courts repeatedly rejected the of the regulations have argued that they vio- ices is also estimated to save four dollars on argument that religious liberty provides a late the Religious Freedom Restoration Act future Medicaid costs for prenatal services, justification for undermining women’s equal- (RFRA), which subjects federal policies to delivery, and one year of the baby’s medical ity and denying them contraceptive insur- strict scrutiny if they substantially burden a care. ance. person’s exercise of religion. The opponents Affordable birth control and preventative The same principle must apply today in are wrong. First, under existing case law, the the battle between the U.S. Conference of health care services help women plan the tim- provision of insurance coverage is arguably Catholic Bishops and their allies and the not the exercise of religion. Moreover, allow- ing and size of their families and protect their Obama administration over insurance cov- ing individuals the choice of contraceptives health. There is a direct link between in- erage for contraception. Simply put, reli- does not substantially burden any exercise of creased access to birth control and declines in gious freedom requires religiously affiliated religion. maternal and infant mortality. employers to obey the law rather than to be- Even if the courts found a substantial bur- The critical provisions within the Affordable come a law unto themselves. den on religion, however, the government’s Care Act will therefore allow us to expand on Even forty-seven years after the Supreme interests in protecting women’s health and these previous successes and give women the Court recognized a constitutional right to reproductive freedom, and combating gender contraceptive use, many American women discrimination, are compelling. The Insti- freedom to make their own private health deci- continue to lack access to effective and af- tute of Medicine panel’s report, and a moun- sions. fordable contraception. One reason for this tain of evidence from other public health Mr. Speaker, I am proud to stand with my has been the disparate insurance coverage groups, amply demonstrate the government’s colleagues and to acknowledge the hard work for men and women. For that reason, twen- compelling interest in ensuring widespread and long hours we devoted to ensuring that ty-eight states have passed contraceptive eq- access to affordable contraception as a women have access to health care they de- uity acts that help women gain equal access means of promoting health and remedying serve and I pledge to continue championing to reproductive health care. Several of those gender inequality. women’s access to these important preventa- acts, just like the Obama administration’s The California Supreme Court ruled that a policy, require employer insurance plans law nearly identical to President Obama’s tive services. that offer prescription-drug coverage to in- initial plan to provide insurance coverage— AUGUST 1, 2012. clude contraceptive drugs and devices in including a virtually identical exemption for TO PRESIDENT BARACK OBAMA AND THE CON- their coverage. Most of those acts, just like houses of worship—was narrowly tailored to GRESSIONAL LEADERSHIP: We are law profes- the Obama plan, do not apply to houses of protect women’s equality. Thus President sors concerned about the Constitution, reli- worship but to religiously affiliated employ- Obama’s original regulation could have with- gious freedom, individual liberty, and gender ers like Catholic Charities, a large social- stood constitutional scrutiny. The constitu- equality. Today, the egalitarian notion that services organization that receives more tional case is even clearer for the accommo- every American deserves to enjoy religious than two-thirds of its funding from tax- dation, which requires insurance companies freedom is under attack from those who payers, as well as to Catholic schools, uni- to bear the burden of providing coverage to would cede employees’ religious-liberty versities and hospitals that employ both employees claiming a religious affiliation. rights to corporate executives and nonprofit non-Catholics and Catholic women who use The accommodation is even more narrowly directors. In this cramped and one-sided view contraception. tailored than the initial regulation was to of religious freedom, supervisors are entitled The bishops and their allies opposed those reflect the government’s interest in women’s to decide, based on their religious senti- bills in the legislatures and the state courts, equality. ments, whether their employees will be per- arguing that religious freedom requires a In past Supreme Court decisions, religious mitted to enjoy essential health benefits complete exemption for all employers that employers have been required to pay Social without the slightest concern for their reli- claim a religious affiliation. As the recent Security and unemployment taxes for their gious beliefs. In particular, advocates claim debate demonstrates, that argument has a employees and to observe the minimum wage that the Constitution gives all employers the certain intuitive appeal to religious organi- laws. Federal courts of appeals have required right to veto their employees’ health-insur- zations that believe that free exercise allows religious employers to comply with the child ance coverage of contraception. religiously affiliated organizations to avail labor laws and to observe the equal pay laws This view, which is espoused by the U.S. themselves of special rules. Under the lead- even when the employers believed head-of- Conference of Catholic Bishops and others, is ing free exercise case (Employment Division household pay was required by the Bible. As both wrong as a matter of law and pro- v. Smith), however, religious employers are the California Supreme Court observed, ‘‘We foundly undemocratic. Nothing in our na- subject to neutral laws of general applica- are unaware of any decision in which this tion’s history or laws permits a boss to im- bility. Two state courts, namely the highest court, or the United States Supreme Court, pose his or her religious views on non-con- courts of New York and California, forcefully has exempted a religious objector from the senting employees. Indeed, this nation was rejected the bishops’ argument for exemp- operation of a neutral, generally applicable founded upon the basic principle that every tions from laws requiring the provision of law despite the recognition that the re- individual—whether company president or contraception insurance to employees. quested exemption would detrimentally af- assistant janitor—has an equal claim to reli- The state courts first ruled that providing fect the rights of third parties.’’ gious freedom. insurance could not be a matter of internal The federal government must continue to Nor does religious freedom provide a con- church governance protected from state in- protect the rights of women who need insur- stitutional entitlement to limit women’s lib- terference by the First Amendment. The ance laws so that they may make reproduc- erty and equality, which are protected by courts also held that insurance laws apply- tive choices consistent with their individual the Fourteenth Amendment. Throughout the ing to all employers were neutral laws of consciences. Religious freedom must not pro- 1960s, religious leaders advocated laws ban- general applicability that could be constitu- vide a justification to deprive women of legal ning contraception because they believed tionally applied to religious employers under rights they should enjoy as employees and contraception was immoral. Nonetheless, in Smith. The two holdings reinforce each citizens. To the contrary, the First Amend- 1965 the Supreme Court held that contracep- other. As the New York Court of Appeals ex- ment specifically preserves space for their tive use enjoys constitutional protection in plained, ‘‘The employment relationship is a religious liberty, and secures their right to Griswold v. Connecticut. Moreover, the frequent subject of legislation, and when a act as individuals who exercise their own

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AU8.003 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1371 conscience on matters pertaining to their of Law, Earle Mack School of Law at Drexel School; Leigh Goodmark, Associate Pro- faith, body, and health. University; Clare Coleman, Assistant Teach- fessor, Director, Family Law Clinic and Co- LESLIE GRIFFIN, ing Professor and Director of Student Advis- Director of the Center on Applied Feminism, Professor of Law, ing, Earle Mack School of Law at Drexel University of Baltimore School of Law; William S. Boyd School of Law, University; Rebecca Cook, Faculty Chair in Michele Goodwin, Everett Fraser Professor University of Nevada Las Vegas. International Human Rights Faculty of Law of Law, University of Minnesota; Cheryl Signed [Note: Affiliations provided for and Co-Director of the International Pro- Hanna, Professor of Law, Vermont Law identification purposes only]: gram on Reproductive and Sexual Health School; Kathy Hessler, Clinical Professor of Paula Abrams, Jeffrey Bain Faculty Schol- Law, University of Toronto; Bridget Law and Animal Law Clinic Director, Lewis ar and Professor of Law, Lewis & Clark Law Crawford, Professor of Law and Associate & Clark Law School; Steven J. Heyman, Pro- School; Libby Adler, Professor of Law, Dean for Research and Faculty Development, fessor of Law, IIT Chicago-Kent College of Northeastern University School of Law; Pace Law School; Lynn Daggett, Professor of Law; and Tracy Higgins, Professor of Law, Janet Ainsworth, John D. Eshelman Pro- Law, Gonzaga School of Law. Fordham School of Law. fessor of Law, Seattle University School of Anne Dailey, Evangeline Starr Professor of Jessie Hill, Professor of Law, Case Western Law; Sara Ainsworth, Lecturer, University Law, University of Connecticut School of Reserve University School of Law; Cynthia of Washington School of Law; Catherine Law; Anne Dalesandro, Director of the Law M. Ho, Associate Professor of Law & Vickrey Albiston, Professor of Law and Professor of Library, Rutgers School of Law—Camden; Research Professor; Director, Intellectual Sociology; Executive Committee Member, Christine S. Davik, Professor of Law, Univer- Property & Technology Program, Loyola Thelton E. Henderson Center for Social Jus- sity of Maine School of Law; Martha Davis, University Chicago School of Law; Sharon tice, University of California, Berkeley Professor of Law, Northeastern University Hoffman, Edgar A. Hahn Professor of Law, School of Law; Jose Alvarez, Herbert and School of Law; Kate Nance Day, Professor of Professor of Bioethics, Co-Director, Law- Rose Rubin Professor of International Law, Law, Suffolk University Law School; Ber- Medicine Center, Case Western Reserve Uni- New York University School of Law; Mark nard Dickens, Emeritus Professor of Health versity School of Law; Joan H. Hollinger, Anderson, Associate Professor of Law, Tem- Law and Policy, University of Toronto; Nor- Lecturer-in-Law, Berkeley Law School, Uni- ple University Beasley School of Law; Susan man Dorsen, Frederick I. and Grace A. versity of California; Deena Hurwitz, Asso- Appleton, Lemma Barkeloo and Phoebe Stokes Professor of Law, New York Univer- ciate Professor of Law and Director of the Couzins Professor of Law, Washington Uni- sity School of Law; Margaret Drew, Pro- International Human Rights Law Clinic and versity School of Law; Margalynne Arm- fessor of Clinical Law and Director of the Human Rights Program, University of Vir- strong, Associate Professor of Law, Santa Domestic Violence and Civil Protection ginia; Melanie Jacobs, Professor of Law, Clara University School of Law and Marie Order Clinic, University of Alabama School Michigan State University College of Law; Ashe, Professor of Law, Suffolk University of Law. Jennifer Drobac, Professor of Law, Stewart Jay, Pendleton Miller Endowed Law School. Indiana University Robert H. McKinney Chair of Law, University of Washington Barbara Babcock, Judge John Crown Pro- School of Law; and Linda Edwards, E.L. Cord School of Law; Faye Jones, Director and fessor of Law, Emerita, Stanford Law Foundation Professor of Law, William S. Professor of Law, Florida State University School; Katharine Baker, Professor of Law, Boyd School of Law, University of Nevada College of Law; Sital Kalantry, Associate IIT Chicago-Kent College of Law; Susan Las Vegas. Clinical Professor of Law and Faculty Direc- Smith Bakhshian, Clinical Professor, Direc- Maxine Eichner, Reef C. Ivey II Professor tor of the Avon Global Center for Women and tor of Bar Programs & Academic Success, of Law, University of North Carolina Chapel Justice, Cornell University Law School; and Loyola Law School; Ann Bartow, Professor Hill School of Law; Kathleen C. Engel, Asso- Margo Kaplan, Assistant Professor of Law, of Law, Pace Law School; Carrie Basas, Vis- ciate Dean for Intellectual Life and Pro- Rutgers School of Law. iting Associate Professor of Law, Case West- fessor of Law, Suffolk University Law Harriet Katz, Professor of Law, Rutgers ern Reserve University; John Beckerman, School; JoAnne Epps, Dean, Beasley School University School of Law—Camden; Linda K. Visiting Professor, Rutgers University of Law, Temple University; Deborah Epstein, Kerber, May Brodbeck Professor in the Lib- School of Law—Camden; Valena Beety, Asso- Professor of Law and Associate Dean, eral Arts Emerita, and Lecturer in Law, Uni- ciate Professor of Law, West Virginia Uni- Georgetown Law; Martha Ertman, Carole & versity of Iowa College of Law; Jaime King, versity College of Law; Leslie Bender, Pro- Hanan Sibel Research Professor of Law, Uni- Associate Professor of Law, University of fessor of Law, Syracuse University College of versity of Maryland School of Law; Lisa California Hastings College of the Law; Kris- Law; Mary Berkheiser, Professor of Law, Di- Faigman, Lecturer in Law, University of tine S. Knaplund, Professor of Law, rector of Clinical Programs and Director of California Hastings College of the Law; Pepperdine University School of Law; Ellen Juvenile Justice Clinic, William S. Boyd Bryan Fair, Thomas E. Skinner Professor of Kreitzberg, Professor of Law, Santa Clara School of Law, University of Nevada Las Law, University of Alabama School of Law; University School of Law; Sylvia Law, Eliza- Vegas; and Adele Bernhard, Associate Pro- Mary Fellows, Everett Fraser Professor of beth K. Dollard Professor of Law Medicine fessor of Law, Pace Law School. Law, Emerita, University of Minnesota Law and Psychiatry, New York University School Anita Bernstein, Anita and Stuart School; Linda Fentiman, James D. Hopkins of Law; Nancy Leong, Assistant Professor, Subotnick Professor of Law, Brooklyn Law Professor of Law, Pace Law School; and University of Denver, Sturm College of Law; School; Caroline Bettinger-Lopez, Associate Zanita E. Fenton, Professor of Law, Univer- Nancy Levit, Curators’ and Edward D. Elli- Professor of Clinical Legal Education and sity of Miami School of Law. son Professor of Law, UMKC School of Law; Director, Human Rights Clinic, University of Victor Flatt, Taft Distinguished Professor Francine J. Lipman, William S. Boyd Pro- Miami School of Law; M. Gregg Bloche, of Environmental Law, University of North fessor of Law, William S. Boyd School of M.D., J.D., Professor of Law, Georgetown Carolina Chapel Hill School of Law; Marsha Law, University of Nevada Las Vegas; and University; Karen M. Blum, Associate Dean Freeman, Professor of Law, Barry University David Luban, University Professor in Law and Professor of Law, Suffolk University Dwayne O. Andreas School of Law; Jaqueline and Philosophy, Georgetown Law. Law School; Grace Ganz Blumberg, Distin- Fox, Associate Professor of Law, University Jody Lynee Madeira, Associate Professor guished Professor of Law Emerita, UCLA of South Carolina School of Law; Katherine of Law, Indiana University School of Law; School of Law; AmeliaBoss, Trustee Pro- Franke, Isidor and Seville Sulzbacher Pro- Kevin Noble Maillard, Professor of Law, Syr- fessor of Law, Earle Mack School of Law, fessor of Law and Director of the Center for acuse University College of Law; Maya Drexel University; Cynthia Bowman, Doro- Gender and Sexuality Law, Columbia Law Manian, Associate Professor of Law, Univer- thea S. Clarke Professor of Law, Cornell Law School; Theresa Gabaldon, Lyle T. Alverson sity of San Francisco School of Law; Thomas School; Alfred L. Brophy, Judge John J. Professor of Law and Director of Academic McAffee, William S. Boyd Professor, William Parker Distinguished Professor of Law, Uni- Programs and Administration, George Wash- S. Boyd School of Law, University of Nevada versity of North Carolina, Chapel Hill; ington University Law School; Ruben Gar- Las Vegas; Joyce E. McConnell, William J. Naomi Cahn, John Theodore Fey Research cia, Professor of Law, William S. Boyd Maier, Jr. Dean, Thomas R. Goodwin Pro- Professor of Law, George Washington Uni- School of Law, University of Nevada Las fessor of Law, WVU College of Law; Marcia versity Law School; June Carbone, Edward Vegas; Leslie Garfield, Professor of Law, McCormick, Associate Professor, Saint A. Smith/Missouri Chair of Law, University Pace Law School; Marsha Garrison, Suzanne Louis University School of Law; Ann of Missouri-Kansas City School of Law. J. and Norman Miles Professor of Law, McGinley, William S. Boyd Professor, Wil- David Cassuto, Professor of Law and Direc- Brooklyn Law School; Susan Gary, Orlando liam S. Boyd School of Law, University of tor, Brazil-American Institute for Law & En- J. and Marian H. Hollis Professor of Law, Nevada Las Vegas; Michelle McKinley, Asso- vironment, Pace Law School; Erwin School of Law University of Oregon; and ciate Professor, Dean’s Faculty Fellow, Uni- Chemerinsky, Founding Dean, University of Bennett Gershman, Professor of Law, Pace versity of Oregon School of Law; Laura California Irvine School of Law; Nancy Chi Law School. McNally, Professor of Law, Case Western Re- Cantalupo, Professor, Temple University Lauren Gilbert, Professor of Law, St. serve University School of Law; and Carrie Beasley School of Law; Margaret Chon, Don- Thomas University School of Law; Theresa Menkel-Meadow, A.B. Chettle, Jr. Professor ald & Lynda Horowitz Professor for the Pur- Glennon, Professor of Law, James E. Beasley of Dispute Resolution and Civil Procedure, suit of Justice, Seattle University School of School of Law at Temple University; Sally Georgetown Law. Law; Roger Clark, Board of Governors Pro- Goldfarb, Professor of Law, Rutgers Univer- Cynthia Mertens, Associate Dean for Aca- fessor, Rutgers University School of Law— sity School of Law—Camden; Julie demic Affairs and Professor of Law, Santa Camden; David S. Cohen, Associate Professor Goldscheid, Professor of Law, CUNY Law Clara University; Vanessa Merton, Professor

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AU8.004 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1372 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 of Law and Faculty Supervisor of the Immi- Roy G. Spece, Professor of Law, University was steadfast in fulfilling SSA’s mission to gration Justice Clinic, Pace Law School; of Arizona James E. Rogers College of Law; ‘‘deliver Social Security services that meet the Sally Merry, Professor of Anthropology, In- Carrie Sperling, Associate Clinical Professor changing needs of the public.’’ stitute for Law and Society, New York Uni- of Law, Sandra Day O’Connor College of Mr. Speaker and colleagues, please join me versity School of Law; Carlin Meyer, Pro- Law; Ralph Stein, Professor of Law, Pace fessor of Law and Director of the Diane Law School; Lara Stemple, Director of Grad- in honoring Kathleen Pepera on the occasion Abbey Law Center for Children and Families, uate Studies, Director of Health and Human of her retirement. New York Law School; Naomi Mezey, Pro- Rights Law Project, UCLA School of Law; f fessor of Law, Georgetown Law; Jennifer Richard Storrow, Professor of Law, CUNY Moore, Professor of Law, University of New School of Law; John Strait, Associate Pro- PERSONAL EXPLANATION Mexico School of Law; Karen Moran, Asso- fessor of Law, Seattle University School of ciate Professor of Law, General Faculty, Law; Jennifer Templeton Dunn, Executive HON. PHIL GINGREY University of Virginia; Daniel Morrissey, Director, UCSF/Hastings Consortium on Law OF GEORGIA Former Dean and Professor of Law, Gonzaga and Adjunct Professor, University of Cali- IN THE HOUSE OF REPRESENTATIVES University School of Law; Jill Morrison, Ad- fornia, Hastings College of the Law; Tracy junct Professor of Law, University of DC Thomas, Professor of Law, University of Wednesday, August 1, 2012 David A. Clarke School of Law; and Ann Akron School of Law; Stacey Tovino, Pro- Mr. GINGREY of Georgia. Mr. Speaker, on Murphy, Professor of Law, Gonzaga School fessor of Law, William S. Boyd School of rollcall No. 537 on suspending the rules and of Law. Law, University of Nevada Las Vegas and Karen Musalo, Clinical Professor of Law Mary Pat Treuthart, Professor of Law, Gon- passing S. 679—the Presidential Appointment and Director of the Center for Gender and zaga University School of Law. Efficiency and Streamlining Act of 2011—I am Refugee Studies, University of California, Ann E. Tweedy, Assistant Professor, not recorded because I was unavoidably de- Hastings College of Law; Michael Mushlin, Hamline University School of Law; Carole tained. Had I been present, I would have Professor of Law, Pace Law School; Kim- Vance, Associate Clinical Professor of voted ‘‘no.’’ berly Mutcherson, Associate Professor of Sociomedical Sciences, Mailman School of Mr. Speaker, on rollcall No. 538 on sus- Law, Rutgers University School of Law— Public Health, Columbia University; Valorie pending the rules and passing H.R. 828—the Camden; Cynthia Nance, Dean Emeritus & K. Vojdik, Professor and Deputy Director, Nathan G. Gordon Professor of Law, Univer- Federal Employee Tax Accountability Act of Law Clinic, West Virginia University College 2011—I am not recorded because I was un- sity of Arkansas; Michelle Oberman, Pro- of Law; Lois Weithorn, Professor of Law, fessor of Law, Santa Clara University School University of California Hastings College of avoidably detained. Had I been present, I of Law; Nancy K. Ota, Professor of Law, Al- the Law; Robin West, Frederick J. Haas Pro- would have voted ‘‘aye.’’ bany Law School; Richard L. Ottinger, Dean fessor of Law and Philosophy, Georgetown Mr. Speaker, on rollcall No. 539 on sus- Emeritus, Pace Law School; Justin Pidot, Law; Lesley Wexler, Thomas M. Mengler pending the rules and passing H.R. 3803—the Assistant Professor, University of Denver, Faculty Scholar and Professor of Law, Uni- Sturm College of Law; Deana Pollard-Sacks, District of Columbia Pain-Capable Unborn versity of Illinois College of Law; Deborah Professor of Law, Texas Southern University Child Protection Act—I am not recorded be- Widiss, Associate Professor of Law, Indiana Thurgood Marshall School of Law; and An- cause I was unavoidably detained. Had I been University Maurer School of Law; Lindsay drew S. Pollis, Assistant Professor of Law, present, I would have voted ‘’aye.’’ Wiley, Assistant Professor of Law, American Milton A. Kramer Law Clinic Center, Case University Washington College of Law; f Western Reserve University School of Law. Terrill Pollman, Director of the Lawyering Verna Williams, Professor of Law, Univer- CONCURRENT TECHNOLOGIES COR- Process Program and Professor of Law, Wil- sity of Cincinnati College of Law; Zipporah PORATION CELEBRATES ITS 25TH liams S. Boyd School of Law, University of Wiseman, Thos. H. Law Centennial Pro- fessor, University of Texas at Austin School ANNIVERSARY, TUESDAY, AU- Las Vegas; Lucille M. Ponte, Professor of GUST 28, 2012 Law, Florida Coastal School of Law; Sarah of Law and Marcia Zug, Assistant Professor Ricks, Clinical Professor of Law, Rutgers of Law, University of South Carolina School University School of Law—Camden Angela of Law. HON. MARK S. CRITZ R. Riley, Professor of Law, UCLA School of f OF PENNSYLVANIA Law, Director, UCLA American Indian Stud- IN THE HOUSE OF REPRESENTATIVES ies Center; Dorothy Roberts, George A. Weiss IN HONOR OF KATHLEEN PEPERA University Professor of Law & Sociology and Wednesday, August 1, 2012 Raymond Pace & Sadie Tanner Mossell Alex- HON. DENNIS J. KUCINICH Mr. CRITZ. Mr. Speaker, on August 28, ander Professor of Civil Rights, University of OF OHIO 2012, Concurrent Technologies Corporation Pennsylvania; Rand Rosenblatt, Professor of IN THE HOUSE OF REPRESENTATIVES will celebrate its twenty-fifth anniversary. I rise Law, Rutgers University School of Law— to acknowledge this notable milestone and to Camden; Susan Deller Ross, Professor of Law Wednesday, August 1, 2012 and Director, International Women’s Human pay recognition to the company’s history and Rights Clinic, Georgetown Law; Margaret Mr. KUCINICH. Mr. Speaker, I rise today in dedicated employees. Russell, Professor of Law, Santa Clara Uni- honor of Kathleen Pepera who is retiring on Concurrent Technologies Corporation (CTC) versity School of Law; Carol Sanger, Barbara August 1, 2012 after 34 years of dedicated was first known as Metalworking Technology Aronstein Black Professor of Law, Columbia service with the Social Security Administration. Inc., a subsidiary of the University of Pitts- Law School and Nadia N. Sawicki, Assistant Kathy began her career with the Social Se- burgh Trust. Metalworking Technology Inc. Professor of Law, Beazley Institute for curity Administration (SSA) in the Cleveland was formed in 1987 in Johnstown, Pennsyl- Health Law and Policy, Loyola University West District Office as a summer intern while vania, to operate the National Center for Ex- Chicago School of Law. Robert P. Schuwerk, Professor of Law, still a student at Baldwin-Wallace College. Fol- cellence in Metalworking Technology for the University of Houston Law Center; Elizabeth lowing graduation, she took the Professional U.S. Navy. Sepper, Associate Professor of Law, Wash- and Administrative Career Examination and In 1992, Metalworking Technology Inc. ington University School of Law; Ann was subsequently hired in 1979 as a Claims changed its name to Concurrent Technologies Shalleck, Professor of Law, Director of Representative in the Cleveland Southwest Corporation to more accurately convey the or- Women and Law Program, Carrington Social Security Office. ganization’s expanded mission: to provide cut- Shields Scholar, American University Wash- Throughout her career with SSA, Kathy has ting-edge scientific, applied research and de- ington College of Law; Laurie Shanks, Clin- held a number of positions with increasing re- velopment solutions to its clients. Two years ical Professor of Law, Albany Law School; Julie Shapiro, Professor of Law, Seattle Uni- sponsibilities. She has served as a supervisor later, CTC separated from the University of versity School of Law; Jessica Silbey, Pro- at the Cleveland Teleservice Center and the Pittsburgh Trust to become a fully independent fessor of Law, Suffolk University Law Cleveland Downtown Field Office. Kathy also nonprofit corporation. School; Rosalind Simson, Adjunct Professor worked as the District Manager at the Cleve- Daniel R. DeVos was the company’s first of Law, Mercer University School of Law and land Southeast Office and Cleveland North- permanent Chief Executive Officer, and Associate Professor of Philosophy, Mercer east Office. She also fulfilled a temporary role through his leadership the organization quickly University; Jana Singer, Professor of Law, as Deputy Area Director for Northern Ohio. expanded its capabilities and gained national University of Maryland, Francis King Carey Kathy will be retiring as the District Manager recognition. Edward J. Sheehan, Jr., who suc- School of Law; Abbe Smith, Professor of Law and Director of the Criminal Defense and of the Cleveland West District Office, the ceeded Mr. DeVos, is the current President Prisoner Advocacy Clinic, Georgetown Law same office where she started her 34 year ca- and Chief Executive Officer. Under his guid- and Cynthia Soohoo, Director of the Inter- reer. ance, CTC continues to grow and prosper— national Women’s Human Rights Clinic, Kathy’s dedication to the SSA and citizens earning respect and appreciation from its CUNY Law School. she helped serve was unquestionable. She many customers across our nation and globe.

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.007 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1373 Over its 25 years, Concurrent Technologies bers and their civilian employers. CTC is a tained these Clevelanders: Thomas Richards, Corporation, in partnership with its clients, has member of the 100,000 Jobs Mission; a coali- James Wiley, Phil Frigge, M.O. Taitle, Harry created numerous breakthrough technologies tion of 41 companies committed to hiring at Jacoby, Archie Budd, Harry Morris, Harry and innovative solutions. CTC takes a collabo- least 100,000 veterans by 2020, and has also Graff and George Davis. James Dalton, Al rative approach to its work, sharing credit and been named a ‘‘Best for Vets Employer’’ for Dalton and Thomas O’Neil of Local No. 3 be- celebrating achievements with everyone who the past two years. came officers of the International Association. plays a role in its success. The company is also a good corporate cit- Over the years, Local No. 3 has fought for Today, Concurrent Technologies Corpora- izen, whose employees volunteer thousands- higher wages, safer working conditions on tion, with offices throughout the U.S. and in of-hours to worthwhile local, regional, and na- construction sites and better benefits. Local Europe, is an independent, nonprofit, applied tional causes. They actively support schools, No. 3 has established funds to help with med- research and development professional serv- healthcare and human service providers, eco- ical expenses, retirement, apprenticeships and ices organization providing management and nomic development programs, the arts, and training. As Local No. 3 continues into its sec- technology-based solutions to each branch of recreation. ond century, its goals remain to make a mem- the U.S. military, various U.S. Government Mr. Speaker, I offer my congratulates to ber’s life safer, more productive and pros- agencies, and industry. CTC is routinely listed Concurrent Technologies Corporation on com- perous, to continue to work to meet the needs as one of the Top 100 Government Contrac- pleting twenty-five years of vital collaboration of its current members and to teach new tors by Washington Technology. with the U.S. Department of Defense and members that there is strength and prosperity At any given time, CTC is working on mul- other U.S. agencies to improve the security of in solidarity. tiple projects in areas such as advanced engi- our nation. Because of their efforts, the United Mr. Speaker and colleagues, please join me neering and manufacturing; environment and States military is better equipped to serve our in honoring the 102nd anniversary of the Inter- sustainability; intelligence and information se- great nation and the United States is a safer national Association of Heat and Frost curity; logistics, management, and acquisition; place to live for all of us. I know I speak for Insulators and Allied Workers Local No. 3 of power and energy; readiness, preparedness, many when I wish CTC and its employees the Cleveland, Ohio. and continuity; safety and occupational health; best of luck in the future. f and special missions. f CELEBRATING THE 50TH ANNIVER- For example, CTC helped NATO establish SARY OF BOY SCOUT TROOP 508 quality management services in less than 60 IN HONOR OF THE 102ND ANNIVER- days at Kabul International Airfield in Afghani- SARY OF THE INTERNATIONAL stan. The company also won the Environ- ASSOCIATION OF HEAT AND HON. KENNY MARCHANT OF TEXAS mental Excellence in Transportation Award for FROST INSULATORS AND ALLIED IN THE HOUSE OF REPRESENTATIVES designing and implementing laser coatings re- WORKERS LOCAL NO. 3 moval systems throughout the U.S. Air Force. Wednesday, August 1, 2012 Concurrent Technologies Corporation HON. DENNIS J. KUCINICH Mr. MARCHANT. Mr. Speaker, it is with played a major role in the development, certifi- OF OHIO great pride that I celebrate the 50th anniver- cation, and implementation of HSLA–115, a IN THE HOUSE OF REPRESENTATIVES sary of Boy Scout Troop 508 of Irving, Texas. new higher strength modification of the HSLA– Wednesday, August 1, 2012 The troop has a remarkable history of serving 100 structural steel used for critical applica- the community and developing young men into tions on aircraft carriers and other U.S. Navy Mr. KUCINICH. Mr. Speaker, I rise today in leaders. combatant vessels. honor of the International Association of Heat Troop 508 was originally chartered at Working for the U.S. Marine Corps Logistics and Frost Insulators and Allied Workers Local Woodhaven Presbyterian Church in 1962. The Command, CTC developed an information No. 3 of Cleveland, Ohio, which is celebrating troop has a reputation for frequent traveling technology tool that benefits U.S. warfighters its 102nd anniversary on September 8, 2012. and extended outdoor adventures. Much of by resolving logistics challenges in the Marine Members of Local No. 3 can trace their be- the boys’ solidarity has revolved around their Corps supply chain. The tool, known as ginnings back to the earliest days of the mod- travels together, starting with ‘‘The Green START, which stands for Secondary ern industrial era with the sudden expansions Weeny’’ bus in 1966. During its history, the Repairables (SECREP) Total Allowance Re- of steam power in the 1880s which created troop has traveled to exciting natural locations computation Tool, won the Defense Logistics’ the need for the insulation industry. An at- such as the Grand Canyon, Colorado, Brazos Best Technology Implementation Award as a tempt to form a national bond between River, and to the center of civic leadership— ‘‘significant contribution to military logistics and insulators occurred in 1900 when the Sala- right here in Washington, D.C. Indeed, in a the warfighter.’’ mander Association of New York sent out an troop where ‘‘three-fourths of scouting is out- Concurrent Technologies Corporation devel- appeal to related crafts in other cities to form ing’’ it is only fitting that the group have adopt- oped a highly successful Exportable Combat a ‘‘National Organization of Pipe and Boiler ed the roadrunner as its traditional logo. Training program that immerses warfighters in Covers.’’ The appeal struck a chord of soli- Boy Scout Troop 508 also has a history of real-life computer-generated scenarios, pre- darity and two years later, the officers and exceptional adult leadership, both in its paring our troops to survive and succeed in members of the Pipe Covers Union affiliated scoutmasters and former members. The adult rapidly changing operational environments. with the National Building Trades Council of leaders have been trained in Woodbadge and The program was developed for the National America and invited other pipe coverer unions eight of the last twelve Silver Beavers were Training Center with the support of the U.S. and related trades to join them. Seven local members of the 508. Many of them serve on Army Forces Command. unions from around the country, including the staff of ALTs, Webelorees, Camporees, The transportation Capacity Planning Tool Cleveland, responded, resulting in the birth of and the District Committee for Five Trails. The developed for the U.S. Marine Corps has the foundation for an international union. The troop has won first-place several times at grown into an approved Global Combat Sup- interested locals met for their first convention Camporees and at Winter Camp. Throughout port System-Marine Corps bridge technology. on July 7, 1902, where they drafted and ap- its 50 years, the distinguished troop has been Concurrent Technologies Corporation is a proved a constitution and elected Thomas guided by the leadership of scoutmasters in- responsible employer, business partner and Kennedy as their first president. They chose cluding Mitch Barker, Sterling Bradley, David community-oriented organization. The com- ‘‘the National Association of Heat, Frost and White, Blackie Marks, Norman Rozell, Jack pany was recently named one of the world’s General Insulators and Asbestos Workers of Graham, George Gray, Bob Hootman, ‘‘Indian most ethical companies by the Ethisphere In- America’’ as the name of the international George’’ Alford, Dwight Sensabough, Jim Bell, stitute. For 11 consecutive years, CTC has union. On September 22 1902, the American Herb Boyd, Hamilton, Jerry Wicker, Scott been named ‘‘One of the Best Places to Work Federation of Labor issued an official charter Pohl, Roger Knapp, Bob Harris, Randall in Pennsylvania.’’ designating the insulator workers as a national Svajda, Carter Hallmark, Richard Gamble, Ro- Concurrent Technologies Corporation has union. land Jeter, Dean Calvert, Bob Perkins, and received multiple honors as a military-friendly The union met again in October, 1904 in Wayne Fletcher. ‘‘Indian George’’ Alford was organization. Two awards came from the Em- Pittsburgh to adopt a constitution and issue an especially noteworthy man, a selfless and ployer Support of the Guard and Reserve that local numbers: St. Louis, No.1; Pittsburgh, No. kind Comanche who founded Troop and Post recognized the company’s initiatives in pro- 2; Cleveland, No. 3; Buffalo, No. 4; Chicago, 134 in Dallas and moved on to make a lasting moting cooperation and understanding be- No. 5; Boston, No. 6; and Seattle, No. 7. The legacy with Troop 508 in Irving, particularly tween the National Guard and Reserve mem- charter issued to Local No. 3 in 1910 con- with his Indian dance teams.

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.010 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1374 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 Mr. Speaker, on behalf of the 24th Congres- grown their membership to over 180 strong Mr. Speaker, I am proud to congratulate the sional District of Texas, I ask all my distin- representing business owners, government CBCF 2012 summer interns for taking advan- guished colleagues to join me in congratu- workers and volunteers. Together, their re- tage of this lifetime opportunity and I thank the lating Boy Scout Troop 508 on 50 years of in- markable efforts have made a positive impact CBCF, under the leadership of Elsie L. Scott, spiring young men to do their best in all that in the areas of homelessness, health care and Ph.D., for providing such an invaluable experi- they do, while enjoying competition with good other social issues. ence. sportsmanship. In June of this year, the organization held its Ashley Bobo, interning in the office of Rep. f first event ‘‘Celebrating the Mighty Women of LAURA RICHARDSON, attending Harvard Col- Washington County’’ in the town of Machias. lege; CONGRATULATING ELIZABETH At the event, Barbara Anthony, Valdine At- Jeremy Broadus, interning in the office of BEISEL wood, Barbara Drisko, and Sally Jacobs were Rep. EMANUEL CLEAVER, attending Rutgers nominated for the Mighty Women Elder University; HON. JAMES R. LANGEVIN Award. This recognition is offered to members Tierra Burns, interning in the office of Rep. OF RHODE ISLAND of the organization who embody exceptional MELVIN WATT CAMERON, attending North Caro- IN THE HOUSE OF REPRESENTATIVES character and citizenship. lina Central University; Each of these women is a pillar of the Melissa Chin, interning in the office of Sen. Wednesday, August 1, 2012 Washington County community and they are CHARLES SCHUMER, attending Brown Univer- Mr. LANGEVIN. Mr. Speaker, I rise to con- all tremendously deserving of this recognition. sity; gratulate Olympic silver medalist and Rhode Their energy, commitment to helping others, Saliha Cifci, interning in the office of Rep. Island resident, Elizabeth Beisel. Elizabeth is a and devotion to the region are an inspiration AL GREEN, attending Rutgers University; member of the USA Olympic Swimming Team, to future generations of Washington County Devon Cox, interning in the office of Rep. and on July 28, she competed in the Women’s women and to Mainers throughout the state. HANSEN CLARKE, attending University of Michi- 400 meter individual medley, finishing in sec- Mr. Speaker, please join me in congratu- gan; ond place with a time of 4:31.27. I join her lating these exceptional women for being rec- Nairobi Cratic, interning in the office of Rep. family, friends, Rhode Islanders, and the entire ognized through this honor and thanking them GWEN MOORE, attending Temple University; United States in congratulating her on this re- all that they do for their community. Devon Crawford, interning in the office of markable accomplishment. f Rep. TERRI SEWELL, attending Morehouse Col- Growing up in Saunderstown, Rhode Island, lege; Elizabeth began swimming at 5 years old. Her IN RECOGNITION OF THE CON- Elizabeth Davis, interning in the office of passion, energy, and hard work paid off in GRESSIONAL BLACK CAUCUS Rep. BOBBY SCOTT, attending George Mason 2008 when she qualified for her first Olympics. FOUNDATION’S 2012 SUMMER IN- University; In Beijing, 15 year old Elizabeth was the first TERNS Courtnie Drigo, interning in the office of Olympic swimmer from Rhode Island in 44 Rep. EDDIE BERNICE JOHNSON, attending Rice years. She finished in fourth and fifth in the HON. CHARLES B. RANGEL University; 400 meter individual medley and the 200 OF NEW YORK Camylle Fleming, interning in the office of meter backstroke respectively. Last year she IN THE HOUSE OF REPRESENTATIVES Rep. ELEANOR HOLMES NORTON, attending won her first world title at the Shanghai World Wellesley College; Wednesday, August 1, 2012 Championships in the 400 meter individual Chazmon Flood, interning in the office of medley. Mr. RANGEL. Mr. Speaker, it is with im- Rep. MAXINE WATERS, attending Howard Uni- After the Beijing Olympics, Elizabeth en- mense gratification that I recognize the Con- versity; rolled in the University of Florida, where she gressional Black Caucus Foundation (CBCF) Ariana Gibbs, interning in the office of Rep. continues to train and compete. Outside of the and its Summer 2012 Interns for the comple- BENNIE THOMPSON, attending Spelman Col- pool, Elizabeth is a dedicated student and a tion of their intensive nine-week internship pro- lege; talented violin player. She balances the de- gram on Capitol Hill. This summer, 40 college- Brianna Gibson, interning in the office of mands of her collegiate and Olympic training aged students from across the nation partici- Rep. DONNA EDWARDS, attending Columbia programs, academic coursework, and inter- pated in this program. These students were University; national competition schedule with incredible chosen through a competitive process based John Grigg, Jr., interning in the office of grace and maturity. on an essay submission, a history of commu- Rep. DONNA CHRISTENSEN, attending Univer- Mr. Speaker, I know my colleagues join me nity involvement and a sense of civic engage- sity of Tampa; in extending congratulations and best wishes ment. Brittany Harvey, interning in the office of to Elizabeth and all of the exceptional athletes The CBCF’s Congressional Internship pro- Rep. ANDRE´ CARSON, attending Clark Atlanta who make up Team USA. America is so proud gram was designed to diversify our Congres- University; of you! sional offices and give students an opportunity Brandon Hill, interning in the office of Rep. f to develop their talent as young professionals CORRINE BROWN, attending Stanford Univer- and future leaders. During their tenure, sum- sity; HONORING BARBARA ANTHONY, mer interns had the opportunity to learn more Tyler Hill, interning in the office of Rep. BAR- VALDINE ATWOOD, BARBARA about public policy and gain a complete un- BARA LEE, attending University of California, DRISKO, AND SALLY JACOBS derstanding of the federal legislative process. Berkeley; In addition, they have grown professionally by Brooke Hutchins, interning in the office of HON. MICHAEL H. MICHAUD identifying the skills and qualities of strong Rep. CHAKA FATTAH, attending Georgetown OF MAINE leaders. Outside their congressional offices in- University; IN THE HOUSE OF REPRESENTATIVES terns put their legislative experience to use by Duane Jackson, interning in the office of engaging in their own mock Congress simula- Rep. YVETTE CLARKE, attending Bates College; Wednesday, August 1, 2012 tion. Ocoszio Jackson, interning in the office of Mr. MICHAUD. Mr. Speaker, I rise today to Furthermore, interns were offered the oppor- Rep. SANFORD BISHOP JR., attending More- honor the nominations of Barbara Anthony, tunity to attend numerous professional and house College; Valdine Atwood, Barbara Drisko, and Sally Ja- leadership development workshops, net- Tatehona Kelly, interning in the office of cobs for the Mighty Women of Washington working events, and engage with Members of Rep. MARCIA FUDGE, attending American Uni- County Elder Award. the Congressional Black Caucus. I had the versity; The Mighty Women of Washington County privilege to speak with the CBCF interns my- Jordan Lindsay, interning in the office of is a group of strong, compassionate women self, encouraging them to be leaders and con- Rep. WILLIAM LACY CLAY, attending More- who collaborate with businesses in Wash- tinue to be persistent in their fight for equal house College; ington County to promote positive social and justice and opportunities for all. I would like to Malaiya McGee, interning in the office of economic change in the community. This self specially recognize CBCF intern Amir Rowe Rep. GREGORY MEEKS, attending Howard Uni- sustaining organization continues to draw to- who worked in my office this summer. Amir versity; gether talented and dedicated women who are demonstrated a great deal of proficiency in Kaylan Meaza, interning in the office of Rep. committed to the region. Since 2006, the completing assignments and engaging with my G.K. BUTTERFIELD, attending North Carolina Mighty Women of Washington County have constituents. State University;

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.011 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1375 Origen Monsanto, interning in the office of attitude; Belmontes was known for stepping up Mr. Speaker and colleagues, please join me Rep. DAVID SCOTT, attending Southern Poly- to the plate and helping out whenever he was in honoring the HCFW of Cleveland, OH, for technic State University; needed. PFC Belmontes accomplished so all of their dedication and service to the com- Khristopher Nicholas, interning in the office much during his short time and he will be munity. of Rep. ALCEE HASTINGS, attending Columbia dearly missed by his unit and all who knew f University; him. PFC Belmontes served honorably, earn- Matthew Norwood, interning in the office of ing many awards and decorations including IN RECOGNITION OF EUGENE Rep. JOHN LEWIS, attending Dartmouth Col- the Purple Heart, the Army Achievement MORGAN WELSH lege. Medal, the Afghanistan Campaign Medal with Jasmine Omeke, interning in the office of one star, the National Defense Service Medal, HON. DENNIS A. CARDOZA Rep. JESSE JACKSON JR., attending Harvard the Army Service Ribbon, the Overseas Serv- OF CALIFORNIA University. ice Ribbon and the Combat Action Badge. He IN THE HOUSE OF REPRESENTATIVES Brittany Porter, interning in the office of is survived by his wife, mother, and father. Wednesday, August 1, 2012 Rep. FREDERICA WILSON, attending Hampton As we look at the incredibly rich military his- University; tory of our country we realize that this history Mr. CARDOZA. Mr. Speaker, it is with great Jeremy Ratcliff, interning in the office of is comprised of men, just like PFC Belmontes, sadness that I rise today to honor the late Eu- Rep. EMANUEL CLEAVER, II, attending Living- who bravely fought for the ideals of freedom gene Morgan Welsh. Gene passed away stone College; and democracy. Each story is unique and peacefully on July 25, 2012. Staff Sgt. Gene Amir Rowe, interning in the office of Rep. humbling for those of us who, far from the Welsh was a true American hero and served CHARLES RANGEL, attending St. John’s Univer- dangers they have faced, live our lives in rel- his country with pride and dedication. sity; ative comfort and ease. The day the Eugene ‘‘Gene’’ Morgan Welsh was born Shannon Schoultz, interning in the office of Belmontes family learned of their husband and May 9, 1925 in McAllister, OK to William Mor- Rep. JAMES CLYBURN, attending American Uni- son’s death was probably the hardest day they gan Welsh and Tina Pearl Welsh. Gene had versity; have ever faced and our thoughts, prayers two brothers, Kenneth and Billy Welsh, who Kaleese Shepperd, interning in the office of and deepest gratitude for their sacrifice go out preceded him in death, brother Don and a sis- Rep. BOBBY L. RUSH, attending Western Illi- to them. There are no words that can relieve ter Wanda Griffith. nois University; their pain and what words we can offer only Proudly at age 18, Gene joined the U.S. Jason Sneed, interning in the office of Rep. begin to convey our deep respect and highest Army’s 19th Infantry Regiment during World KAREN BASS, attending University of Southern appreciation. War II. Staff Sgt. Welsh’s assignment took him California; PFC Belmontes’ family have all given a part to the South Pacific. While serving in the Asi- Travis Stanislaus, interning in the office of of themselves in the loss of their loved one atic Pacific, Staff Sgt. Welsh was wounded in Rep. EDOLPHUS TOWNS, attending Cornell Uni- and we hope they know that the goodness he combat and was eventually awarded the Pur- versity; brought to this world and the sacrifice he has ple Heart with the Oak Leaf Cluster. Jonathan Sykes, interning in the office of made, will never be forgotten. While recovering from his injuries, Gene started writing to a Pen Pal, Miss Bettye Rep. HANK JOHNSON, attending Fort Valley f State University; Cavazos from Sharyland, TX. This was the Rahel Tekola, interning in the office of Rep. IN HONOR OF THE HITCHCOCK bright spot during his recovery and he often SHEILA JACKSON LEE, attending Texas Tech CENTER FOR WOMEN told her in his letters that if he ever made it University; out of the war alive he was going to come Terrence Thrweatt Jr., interning in the office HON. DENNIS J. KUCINICH back to the U.S. and marry her. Upon comple- of Rep. ELIJAH CUMMINGS, attending St. Mary’s OF OHIO tion of his military career, he in fact went to College of Maryland; IN THE HOUSE OF REPRESENTATIVES Texas and asked for her hand in marriage. Benjamin Turman, interning in the office of Flag Day, June 14, 1946, Bettye Cavazos be- Wednesday, August 1, 2012 Rep. JOHN CONYERS, attending Hampton Uni- came Mrs. Eugene Welsh; that same year versity. Mr. KUCINICH. Mr. Speaker, I rise today in they moved to Ceres, CA. Gene eventually f honor of the Hitchcock Center for Women, opened up a business in 1967 that is known HCFW, for 30 years of dedicated service to today as Ceres ProTow and it is still located TRIBUTE TO PRIVATE FIRST thousands of women and their families in at the same place 45 years later. Gene and CLASS JOSE OSCAR BELMONTES Cleveland, OH. Bettye had two sons, Mike and Ron. Gene The mission of the Hitchcock Center is to was very proud of his sons and was dev- HON. KEN CALVERT holistically empower women to achieve and astated when Ron passed away from a pul- OF CALIFORNIA maintain productive, chemical-free lives. The monary embolism. Mike continues to run the IN THE HOUSE OF REPRESENTATIVES Hitchcock Center is ‘‘the place where healing family business. begins’’ for women who are in need of help. Gene had a great love for his community Wednesday, August 1, 2012 The founder of the Hitchcock Center is and was very active with many social and Mr. CALVERT. Mr. Speaker, I rise today to Jayne Mazzerella, who realized that women charitable as well as civic organizations. In honor and pay tribute to a hero from La recover differently from chemical substances 1987, Gene was awarded Rotarian of the Year Verne, California, Private First Class (PFC) than men. She founded Merrick Hall, a 4-bed and in 1988 he was awarded Ceres Citizen of Jose Oscar Belmontes, United States Army. treatment program for female alcoholics, which the Year and in 2003 he was awarded the Today I ask that the House of Representatives led to the beginnings of the Hitchcock Center. Stanislaus County Senior Citizen of the Year. join me to honor and remember this incredible The Hitchcock Center is now the largest Gene also had a love of Square Dancing, and young man who died in service of our country. agency of its kind in the Greater Cleveland taught beginner Square Dance lessons and PFC Belmontes was born in Riverside, Cali- area. To date, it has provided services to ap- eventually formed the Ceres Twisters where fornia in 1984. He graduated from Polytechnic proximately 13,000 women and their families. he was the club caller for over 40 years. Gene High School in 2002 and joined the Army in The Hitchcock Center recently announced its and Bettye were always happy to share their February 2011. After training at Fort Leonard planned expansion of the Traditional Housing love of Square Dancing with others and pro- Wood, Missouri, he arrived at Fort Drum in and Recovery Management services, which vided demonstrations to Ceres and Modesto July 2011. He was serving as a construction strives to return families back into the commu- grammar schools and convalescent homes engineer with the 630th Engineer Company, nity. They eventually seek to expand into even and they danced at local, state and national 7th Engineer Battalion, 10th Sustainment Bri- more communities. festivals as well as on cruise ships. gade, 10th Mountain Division, which deployed Today, there are 53 women who work for Gene is survived by his wife of 66 years to Afghanistan later that month. He died of in- the Hitchcock Center. There are also many Bettye, son Mike and his wife Maureen, juries sustained from small arms fire in alumnae of the program who return to volun- daughter-in-law Sherry and 8 grandchildren, 8 Wardak Province, Afghanistan on July 28, teer for the center through the HCFW Alum- great-grandchildren and one great-great 2012 in support of Operation Enduring Free- nae Council. Together, they have proven suc- grandson. dom. PFC Belmontes was 28 years old. cess in helping women to grow and recover so Mr. Speaker, the recognition that I am offer- PFC Belmontes’ fellow servicemen and they can go back to their families and homes ing today before the House of Representatives women fondly remember him for his positive as whole and healed persons. for Eugene Morgan Welsh is small compared

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.015 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1376 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 to the contributions and impact he had on the amended. I would like the record to reflect that Pension Fund and the Health and Welfare lives of so many. He was a leader of our com- I would have voted against this legislation, Fund, as well as the Joint Apprenticeship and munity, role model to our youth and a great which I oppose, had I been present to record Training Committee. A leader in the truest American. my vote. I believe that holding individuals with sense of the word, Dale has also served as f seriously delinquent tax debts accountable is President of the Northwestern Indiana Building important—to address our fiscal deficit and to and Construction Trades Council. Also, he is A TRIBUTE IN HONOR OF THE ensure all Americans are fulfilling their respon- currently a member of the Business Construc- LIFE OF DOROTHY MAE JAROCH sibilities as citizens of this country. However, tion Resource Center and the Tripartite Com- this legislation unnecessarily and unfairly sin- mittees for ArcelorMittal Indiana Harbor and HON. ANNA G. ESHOO gles out federal employees. For this reason, I Burns Harbor. In addition, Dale served as Ad- OF CALIFORNIA oppose this legislation. miral for the Pirates Charity Organization and IN THE HOUSE OF REPRESENTATIVES (3) H.R. 3803 (Roll no. 539)—District of Co- now serves on the organization’s Captain’s Wednesday, August 1, 2012 lumbia Pain-Capable Unborn Child Protection Table. Mr. Johnsen’s enthusiasm, dedication, and constant support to the Building Trades Ms. ESHOO. Mr. Speaker, I rise today to Act. I would like the record to reflect that I and charities within our greater community is honor the life of an exceptional woman, Doro- would have voted against this legislation, which I strongly oppose, had I been present to truly outstanding, and for this, he is worthy of thy Mae Jaroch, who passed away on June the utmost praise. 12, 2012, at the age of 88. Her youngest son, record my vote. The District of Columbia Pain-Capable Un- Northwest Indiana’s building trades have a Pete, cared for her in her final weeks and was born Child Protection Act represents just one strong history of excellence in its craftsman- by her side at the moment of her passing. more step in the Republican’s agenda to un- ship and loyalty by its members, as well as a Dorothy Mae Jaroch was a devoted wife, an dermine women’s access to reproductive steadfast commitment to serving the commu- exceptional mother, a loving grandmother, a health care. This measure cruelly contains no nity. Dale Johnsen has always exhibited these beloved sister, a teacher and a leader. She exemptions in the case of rape, incest, or a qualities, and I have a profound respect and will be greatly missed by all who were fortu- terminal fetal anomaly, requiring a woman to admiration for his absolute dedication to help- nate enough to know her, and I count myself carry a non-viable fetus to term. Moreover, ing others, both locally and statewide. When it among those so blessed. this bill is another instance of a congressional comes to serving those in need, the Indiana Dorothy Mae Jaroch, a longtime resident of State Building and Construction Trades Coun- the San Francisco Bay Area, was born and overreach into the District of Columbia’s af- fairs. If supporters truly deemed this legislation cil and the Northwestern Indiana Building and raised in Lenexa, Kansas. She attended Construction Trades Councils have long been Spring Hill High School, and after completing acceptable for all Americans, they would have moved to enact it nationally, as opposed to one of the state’s most generous organiza- her academics there, Dorothy married Lieuten- tions. Dale Johnsen has been at the forefront ant Commander Eugene Jaroch in 1945. She imposing it solely on D.C.’s population. I have long been a strong supporter of of these efforts. moved to San Francisco to join her new hus- From a personal perspective, I am proud band, Eugene with the tune ‘‘Sentimental women’s reproductive rights, and I have con- tinued to work to ensure that women’s rights and lucky to have Dale Johnsen as a friend. Journey’’ by Doris Day with the Les Brown Or- A friend who has been completely loyal, a chestra in her heart and mind. Together, they and access to abortion care remain safe and legal. This Congress, we have seen the rights friend who has been selfless, a friend who has travelled extensively throughout the country, always ‘‘been there.’’ of women come under attack repeatedly in the danced in harmony and were very much in Mr. Speaker, in conclusion, Dale Johnsen House of Representatives. Though I firmly be- love. Dorothy, a longtime friend of the Reli- has generously dedicated his life and all his gious of the Sacred Heart at Oakwood, was lieve in encouraging healthy debate, the at- efforts to those he has worked with and rep- dedicated to helping others, always making tacks we have seen are an affront to the rights resented so well. His passion and commitment them feel that her home was also theirs. Her and health of women around this country. I to the Building Trades and to the community greatest attribute was her unswerving faith in have, and will continue to, consistently oppose of Northwest Indiana is to be admired. I re- God and the goodness of people, and her leg- measures like this legislation, which undercut spectfully request that you and my other dig- acy of compassion serves as a positive exam- critical access to reproductive health care. nified colleagues join me in commending Dale ple for us all. f for his many years of service and in wishing Dorothy is survived by her children Eugene RECOGNIZING THE RETIREMENT him well upon his retirement. Paul, Steven, Peter and Suzanne; grand- OF DALE JOHNSEN f children and great-grandchildren. Her hus- band, Eugene, the love and light of her life, HONORING BLACK LAW passed away twelve years ago. HON. PETER J. VISCLOSKY ENFORCEMENT PIONEERS Mr. Speaker, I ask the entire House of Rep- OF INDIANA resentatives to join me in extending our deep- IN THE HOUSE OF REPRESENTATIVES HON. E. SCOTT RIGELL est condolences to Dorothy Mae Jaroch’s fam- Wednesday, August 1, 2012 OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES ily and to all those who were blessed by her Mr. VISCLOSKY. Mr. Speaker, I am pleased friendship. Dorothy Mae Jaroch was an excep- to stand before you and my colleagues today Wednesday, August 1, 2012 tional citizen whose pursuits strengthened our to applaud Mr. Dale Johnsen upon his retire- Mr. RIGELL. Mr. Speaker, I arise today to community and bettered our country. ment. Dale has devoted his life to the interests recognize an important milestone in my com- f of his fellow tradesmen and women, and to munity. On August 20, 2012, the Virginia PERSONAL EXPLANATION the entire community of Northwest Indiana. Beach Police Department is hosting an event Mr. Johnsen has been a member of Brick- to honor Black Law Enforcement Pioneers HON. RUSS CARNAHAN layers Local #4 Indiana/Kentucky for 36 years, from our area. Robert E.W. Sparrow, Mondoza 22 of which he served as an officer and field Holloway, Clyde I. Siler, Alexander H. OF MISSOURI representative. Additionally, he has served as Woodhouse, Russell H. Lawrence, Charles IN THE HOUSE OF REPRESENTATIVES President of the Indiana State Building and Pace, Johnny E. Parks III, Warfield M. Wood Wednesday, August 1, 2012 Construction Trades Council for the past two and as many as 22 auxiliary police officers Mr. CARNAHAN. Mr. Speaker, I regrettably years. For his lifetime of service to the Brick- who patrolled Virginia Beach prior to 1969, will missed the suspension votes on July 31, layers and the Northwestern Indiana Building be honored for serving during a time when 2012. Please let the record reflect my position and Construction Trades Council, as well as bigotry and racism ran rampant throughout our on each of these pieces of legislation. the Indiana State Building Trades Council, Mr. country. I want to thank these fine men for (1) S. 679 (Roll no. 537)—Presidential Ap- Johnsen will be honored at a retirement dinner standing bravely in the face of hatred, and pointment Efficiency and Streamlining Act of taking place at Avalon Manor in Merrillville, In- doing their jobs honorably. Because of men 2011. I would like the record to reflect that I diana on August 17, 2012. like these, America remains the greatest coun- would have voted in favor of this legislation, During his 36 years with Bricklayers Local try in the world, where the bastions of liberty which I support, had I been present to record #4 Indiana/Kentucky, Dale Johnsen has as- and freedom stand over those who wish to my vote. sisted those who want to work for a living harm it. We can all learn from their out- (2) H.R. 828 (Roll no. 538)—Federal Em- wage in countless ways. For example, he has standing character and commitment to doing ployee Tax Accountability Act of 2011, as represented the union as a Trustee for the what is right.

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\K01AU8.005 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1377 HONORING SECOND LIEUTENANT as an example of excellence, and his contribu- lating John and Betty Dodd on 50 years of YER VANG tions to our country will not be forgotten. marriage, a truly noteworthy testament to their f strong commitment to each other and to the beauty of marriage. HON. JEFF DENHAM DISTRICT OF COLUMBIA PAIN-CA- OF CALIFORNIA PABLE UNBORN CHILD PROTEC- f IN THE HOUSE OF REPRESENTATIVES TION ACT Wednesday, August 1, 2012 TRIBUTE TO HORACE CURLIN Mr. DENHAM. Mr. Speaker, I rise today to SPEECH OF HALL III acknowledge and honor the life and service of HON. BOB GOODLATTE the late Second Lieutenant Yer Vang. Second OF VIRGINIA HON. HENRY CUELLAR Lieutenant Vang served the United States of IN THE HOUSE OF REPRESENTATIVES OF TEXAS America honorably during the Vietnam War. IN THE HOUSE OF REPRESENTATIVES Yer Vang was born on February 2, 1960, at Tuesday, July 31, 2012 Ban Long Xai, Muan Long Xai, in the Xieng Mr. GOODLATTE. Mr. Speaker, H.R. 3803 Wednesday, August 1, 2012 Khouang province in the Kingdom of Laos. He would prevent abortions of unborn children Mr. CUELLAR. Mr. Speaker, I rise today to attended Ban Na Elementary School. In March who are more than 20 weeks after fertiliza- honor the late Horace Curlin Hall III, an up- of 1972, when he reached the age of twelve, tion—the age at which scientific evidence standing lawyer, devoted father and true friend he was recruited to train at Muang Cha Mili- shows that they can feel great pain. to the South Texas community. Mr. Hall will be tary Training Center, located in the Xieng This bill will prevent brutal, late term abor- long remembered as a man who was dedi- Khouang province. tion procedures, including one in which unborn cated to his country, his family and his profes- Upon completion of his military training, Yer children are mutilated and dismembered while sion for years after his passing. Vang was assigned to work as a water sup- they are still alive. Only the most calloused Mr. Hall, a third generation Laredoan, at- plier and a mail carrier at the 228th Battalion among us can hear the description of these tended Martin High School where he grad- Headquarters. On January 1, 1973, he was types of procedures and not react with dis- uated at the young age of fifteen. A lifetime transferred to the 2281st Company Infantry Di- gust. Longhorn, he attended The University of vision of the 228th Battalion Special Guerrilla I strongly believe that life begins at concep- Texas at Austin, where he joined the Sigma Units (SGU), 1st Strike Division Infantry of the tion, and that we should protect the lives of in- Chi fraternity, an organization whose funda- United States Secret Army. Yer Vang fought in nocent unborn children. I wish this bill went mental purpose is to promote the core values the Vietnam War with this unit through May of even further, but the absolute least we can do of friendship, justice and learning—all virtues 1975. During this tenure of his service, he is ban abortion when we know the unborn chil- he modeled throughout his lifetime. After grad- took part in many important missions ad- dren experience great pain. I urge support of uating with a Bachelor of Arts in 1950, he hon- vanced by the United States Secret Army and this important legislation. orably served his country as First Lieutenant was promoted to the rank of Second Lieuten- f in the Army during the Korean Conflict. Upon ant. his return from Korea, he enrolled at The Uni- After the communist takeover of Laos in CELEBRATING THE 50TH WEDDING versity of Texas School of Law and received May of 1975, Yer Vang’s unit was stationed ANNIVERSARY OF JOHN AND his degree in 1955. south of the Plains des Jarres. Unable to be BETTY DODD airlifted to a U.S. Airbase in Thailand, Yer While attending law school, Mr. Hall met Vang had to flee his position and go into hid- HON. KENNY MARCHANT and married Nancy Louise Black and together they raised five daughters. Mr. Hall presented ing in fear of being persecuted by the ruling OF TEXAS each daughter as a debutante in the Society government. He remained in hiding until June IN THE HOUSE OF REPRESENTATIVES of 1979, when he passed through the jungles of Martha Washington, a bicultural organiza- Wednesday, August 1, 2012 of Laos by moonlight and crossed the Mekong tion committed to celebrating the legacy of our River to safety in Thailand. Mr. MARCHANT. Mr. Speaker, it is with a country and chartered in part by Mr. Hall’s Yer Vang was a political refugee at Ban sense of joy that I recognize and celebrate the grandmother, Camila Scott Hall. An endlessly Vinai Camp in Thailand for twenty years. On 50th anniversary of the wedding of John and supportive father and an advocate of edu- January 31, 1990, he came to the United Betty Dodd, two outstanding and esteemed cation, Mr. Hall encouraged each daughter to States and began his life in Fresno, California. citizens of Farmers Branch, Texas. attend college. Once resettled in Fresno, Yer Vang attended John and Betty were married on August 19, Regarded as a distinguished lawyer, Mr. Fresno Adult School, where he graduated in 1962, and have lived in Dallas County ever Hall joined his father’s law firm in Laredo, 1993. He worked at a local Pizza Hut for two since. They have both led inspiring lives dedi- Texas, and practiced until passing, advocating years, before he was hired as a teacher’s aide cated to education and our community. John on behalf of those that shared his loyalty to for Fresno Unified School District in August of is a Certified Financial Planner and CEO of the South Texas community. In continuation of 1995. In 1997, Yer Vang was selected to be Honors Academy, a nonprofit organization that his commitment to education, Mr. Hall legally a board member of the Lao Veterans of Amer- operates charter schools. He has served as a represented Laredo Community College ica, where he served as Treasurer from 1997 member of the Dallas Independent School throughout most of his career. Included in the through 2000 and Secretary from 2005 District Board, a city council member and the list of clients to the firm were banks, construc- through 2012. mayor of Farmers Branch, and remains active tion companies and the Association of Laredo Second Lieutenant Yer Vang passed away in many community organizations. Betty is a Forwarding Agents, an organization whose on June 24, 2012. He is survived by his wife, teacher and a volunteer and board member at purpose is to promote local corporations at whom he married while in the refugee camp in several organizations including her children’s both the national and international level. Thailand. The couple has thirteen children: schools, Prestonwest Republican Women, Mr. Hall was well known for his many pas- three sons and ten daughters. Farmers Branch Civic League, and Farmers sions outside of his profession, including a For his military service, Yer Yang was Branch Women’s Club. Truly, the Dodds have love of literature and poetry, which he shared awarded the Bronze Medal from the King of been valuable assets in the town that they call with those close to him. He enjoyed the South Laos, the United States Special Forces in home. Texas country and was considered an excel- Laos Medal, and multiple commendations and They have raised a family together and are lent marksman, often bringing together his citations from the United States Congress. He the dedicated parents of David Dodd and An- family after a hunt for a gourmet meal. His was also honored by the United States Con- gela Dodd Miller. John and Betty are also the sense of humor was one of his greatest char- gress with the Vietnam Service Medal, Viet- loving parents-in-law of Shannon and Jon, and acteristics, attracting friends that remained nam Campaign Medal, and Vietnam Veterans grandparents of Justin and Caroline Dodd, faithful to him until the end. Medal. and Matthew, Caroline, Nathan, and Andrew Mr. Speaker, I am honored to have had the Mr. Speaker, please join me in post- Miller. The Dodds are members of First United opportunity to recognize the late Horace Curlin humously honoring Second Lieutenant Yer Methodist Church in Dallas, Texas. Hall III. He is no longer with us, but his con- Yang for his heroic service to the United Mr. Speaker, on behalf of the 24th Congres- tributions not only to his country and family, States of America and extending our deepest sional District of Texas, I ask all my distin- but also to his profession and his beloved condolences to his family. His legacy serves guished colleagues to join me in congratu- community will live on.

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AU8.017 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1378 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 TRIBUTE TO DR. CLEMMIE E. children—Carolyn, Sheryl, and Paul, III. Her PERSONAL EXPLANATION WEBBER nurturing nature led to her recognition as the South Carolina and National Mother of the HON. GWEN MOORE HON. JAMES E. CLYBURN Year in 1983. OF WISCONSIN OF SOUTH CAROLINA Dr. Webber has received numerous other IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES awards and honors including the Order of the Palmetto, the highest honor a South Carolina Wednesday, August 1, 2012 Wednesday, August 1, 2012 governor can bestow on a citizen. She was Ms. MOORE. Mr. Speaker, I was absent Mr. CLYBURN. Mr. Speaker, I rise today to also inducted into the South Carolina Black from votes in the House Tuesday afternoon pay tribute to an extraordinary educator, entre- Hall of Fame, received the South Carolina (July 31). My flight was unavoidably delayed preneur, author, community activist and moth- School Boards Distinguished Service Award, on my return to Washington from Milwaukee, er. Dr. Clemmie E. Webber passed away on and the South Carolina Legislative Black Cau- WI due to bad weather. July 25, 2012, at the age of 99. This remark- cus Award in recognition of her outstanding Had I been present— able trailblazer will be sorely missed by all civic and educational achievements. In 2008, (1) I would have voted ‘‘yea’’ on rollcall No. who had the honor of knowing her, and I an Orangeburg street was renamed Webber 537—S. 679—Presidential Appointment Effi- count myself in that number. Boulevard in honor of Dr. Webber and her ciency and Streamlining Act of 2011. Dr. Webber was born in St. Matthews, husband’s contributions to the community. (2) I would have voted ‘‘nay’’ on rollcall No. South Carolina in 1913. She moved at the age Mr. Speaker, I ask you and our colleagues 538—H.R. 828—Federal Employee Tax Ac- of three with her parents, Henry W. and Colin to join me in celebrating the extraordinary life countability Act of 2011, as amended. Embly, to Treadwell Street in Orangeburg. of Dr. Clemmie E. Webber. She led by exam- (3) I would have voted ‘‘nay’’ on rollcall No. She grew up there with her four younger sib- ple and gave generations of young people the 539—H.R. 3803—District of Columbia Pain- lings, and would later write a book about their tools they would need to excel in life. What a Capable Unborn Child Protection Act. childhood experiences. tremendous legacy she has left for the City of f Education was always important to Dr. Orangeburg and the State of South Carolina. Webber. Her early school years were spent at PERSONAL EXPLANATION Claflin University’s elementary department, f and in high school she attended what is now HONORING ROBERT D. GRANT HON. RICHARD L. HANNA South Carolina State University. She earned OF NEW YORK both her bachelor’s and master’s degrees in IN THE HOUSE OF REPRESENTATIVES chemistry at South Carolina State, and went HON. MIKE QUIGLEY on to earn a doctorate in science education OF ILLINOIS Wednesday, August 1, 2012 from The American University. IN THE HOUSE OF REPRESENTATIVES Mr. HANNA. Mr. Speaker, on rollcall No. In 1935, at the age of 19, Dr. Webber mar- Wednesday, August 1, 2012 537, I was unavoidably absent. Had I been ried Paul Webber, a fellow classmate at South present, I would have voted ‘‘yes.’’ Carolina State. They were entrepreneurs who Mr. QUIGLEY. Mr. Speaker, I rise today to Mr. Speaker, on rollcall No. 538, I was un- owned Webber Motor Sales and the Orange- honor and express my gratitude to Robert D. avoidably absent. Had I been present, I would burg Tigers baseball team. However, they Grant, Special Agent-in-Charge of the Chicago have voted ‘‘yes.’’ were most known for their ownership of two office of the Federal Bureau of Investigation. Mr. Speaker, on rollcall No. 539, due to se- soda shops in Orangeburg that were popular He is retiring from his position as head of the vere thunderstorms over the Northeast, my hang outs for students and provided them Chicago FBI after an outstanding 29 years of flight was unavoidably delayed. Had I been much-needed jobs. The College Soda Shop distinguished service to this country. present, I would have voted ‘‘no.’’ also became the inspiration for her second In 1983, Mr. Grant began his career with the f book. FBI and has since served in Memphis, New Dr. Webber began her teaching career at York, and San Antonio, along with several dif- TRIBUTE TO RONALD F. DASH the former Wilkinson High School and several ferent assignments at FBI headquarters here elementary schools in the area. She went on in Washington, D.C., including Chief Inspector. HON. JON RUNYAN to teach chemistry and economics at her alma Mr. Grant spent his time with the FBI com- OF NEW JERSEY mater for 25 years. While a professor on mitted to improving all areas of operations and IN THE HOUSE OF REPRESENTATIVES South Carolina State’s campus, Dr. Webber has brought tremendous changes to fruition. In Wednesday, August 1, 2012 was a catalyst for change. She led the effort 2005, Mr. Grant became the head of the Chi- to build the I.P. Stanback Museum and Plane- cago office, where he is now the longest serv- Mr. RUNYAN. Mr. Speaker, I rise today to tarium, which now houses the Clemmie E. ing agent-in-charge in the history of that office. pay tribute to one of my constituents, Ronald Webber Educator Resource Center. She and During his time in Chicago, Mr. Grant has F. Dash, a resident of the Township of her husband, who also served as a history overseen numerous widely-recognized inves- Willingboro, Burlington County, New Jersey in and economics professor at South Carolina tigations, from corrupt public officials to our recognition of his outstanding service on be- State, were mentors for many young people— most violent criminals. half of veterans throughout the State of New myself included—during the student Move- He was at the forefront of the indictment Jersey. Ronald F. Dash has served as Chair- ment of the 1960s. and convictions of several high-ranking mem- man of the Willingboro Veterans Advisory Her love for education extended to serving bers of the Chicago Mafia and played a key Committee and as the Advisor to Willingboro’s on the Orangeburg School District 5 Board for role in the arrest of two Chicago men on Mayor and Council on Veterans Issues. He 11 years. She served as Chair of that body for charges related to the 2008 terror attacks in also serves on my Military Academy Advisory six years, and is credited with developing the Mumbai, India. Committee which makes recommendations for compromise that allowed the school district to Throughout his career, Mr. Grant has re- young men and women from New Jersey’s build the current Orangeburg-Wilkinson High ceived numerous accolades for his impressive Third District who are applying to attend one School on U.S Highway 601. She also served service, ranging from local community group of our nation’s service academies. as President of the South Carolina School recognition to the 2008 Presidential Rank Ronald F. Dash served his country with Boards Association and was appointed to a Service Award. honor and valor as a member of the United five-year term as a Commissioner on the State While acknowledging Special Agent-in- States Marine Corps during the Vietnam War, Education Commission. Charge Grant today for his three decades of where he was wounded and received the Pur- Dr. Webber had an interest not only in edu- service, we also reaffirm our appreciation to all ple Heart. After his Marine Corps (USMC) cating young people, but helping them to de- of the brave men and women of the United service in Vietnam, he served in the Army Re- velop character and be good leaders. She was States law enforcement community, who work serves and then transitioned to the Army Na- actively involved in the Cub Scouts and Girl every day to protect our families and keep our tional Guard attaining a final military rank of Scouts organizations, the Jack and Jill pro- country safe. Staff Sergeant (E6). gram, the Sunlight Club, and served as the Once more, we thank Mr. Grant for his in- He has given generously of his time, ener- PTA President at two schools. tegrity, leadership, and dedication to the FBI gies, and resources as a Commander and She also demonstrated her exceptional and our country. And we wish him the best of State Chaplain in the Military Order of the Pur- touch with young people at home raising three luck in his future endeavors. ple Heart Chapter 26, and as a member of the

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.021 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1379 Veterans of Foreign Wars (V.F.W.) Post 4914, IN RECOGNITION OF THE VICTORY to proceed with cases against them. It also the American Legion Post 516, the Disabled ARCH provided increased protection to victims of American Veterans Chapter 42, and the Ma- child pornography and strengthened the hand rine Corps League 695. Ron Dash continues HON. DENNIS J. KUCINICH of law enforcement in investigating and bring- to visit and assist veterans, provide food for OF OHIO ing charges in obscenity and child pornog- the homeless, and provide transportation for IN THE HOUSE OF REPRESENTATIVES raphy cases. Finally, it closed a loophole that allowed pornographers to exploit children by people with special needs across Willingboro Wednesday, August 1, 2012 and other communities. using them in productions with simulated sex- Mr. KUCINICH. Mr. Speaker, I rise today in ual activity or lascivious sexually explicit con- I thank Ronald F. Dash for his patriotism, recognition of the Victory Arch, which will tent and then claim that they believed the chil- and his continued service to the Willingboro make its debut after undergoing a two year dren to be over age eighteen. community, the State of New Jersey, and this restoration at the Cuyahoga County Fair in The Adam Walsh legislation had many other great nation. I urge my colleagues to join me Berea, Ohio. good initiatives that have protected our na- in recognizing this great veteran hero and The original Victory Arch was built in 1929 tion’s children by improving sex offender reg- community servant. by Fred Hartman and was erected at the main istration and providing local law enforcement entry to the Berea Fairgrounds on Eastland officials with tools needed to track those who f Road. The arch’s columns are 25 feet high prey upon children. Some of these provisions and span 35 feet across. For years the Victory require reauthorization, and I am pleased VIRGINIA BEACH CRIME SOLVERS Arch served as a beautiful welcoming sign to today that we are moving forward with this re- 30TH ANNIVERSARY Cuyahoga County residents coming to enjoy authorization, especially of the two key pro- the annual County Fair. Unfortunately, over grams that fund the U.S. Marshall’s fugitive the years, with the exception of some minimal apprehension program and the grants that HON. E. SCOTT RIGELL work in the late 1970s, the arch began to rust help states comply with the national sex of- fender registry requirements, in a fiscally re- OF VIRGINIA and fell into disrepair. A few years ago, Berea’s Save Our Arch Committee began ad- sponsible manner. IN THE HOUSE OF REPRESENTATIVES vocating for a full restoration of the Victory I consider myself fortunate to have been able to contribute to the Adam Walsh bill, as Wednesday, August 1, 2012 Arch. Two years ago the project began. The Cuyahoga County Fair Board, American well as the 2003 Child Abduction Prevention Mr. RIGELL. Mr. Speaker, I arise today to Legion Post 91 and the Berea Historical Soci- Act (later renamed the PROTECT Act), which setup the Amber Alert system. That legislation recognize the 30th anniversary of the Virginia ety helped to raise money and awareness also included the Truth in Domain Names Act Beach Crime Solvers. This organization has needed to restore the structure. However, the that I authored. The Truth in Domain Names been a stalwart in our community and has physical restoration would not have been pos- sible if it had not been for donations, support Act made it a criminal act to knowingly use a been instrumental in keeping the streets of misleading domain name with the intent to de- Virginia Beach safe. The partnership between and countless man hours of the Berea City Club, Iron Workers Local 17 Apprentice Pro- ceive a child into viewing harmful material on the community, the Virginia Beach Police De- the Internet, and it has made a difference in partment, and local media, is key to helping gram, Cosmos Industrial Service, Inc., AkzoNobel, eGlobal Construction, Kottler protecting children from Internet pornography. the Crime Solvers become one of the top Congress over the years has faced many crime solver organizations in the country. Metal Products, Inc., Ziegler Bolt, Local 17 President Tim McCarthy, Retiree Local 17 very difficult issues, but we always have kept Since its inception in 1982, tips to Crime Solv- Doug McJunkins, Sealcoat, Horizon Metal, the best interest of children at the forefront of ers have resulted in over seven thousand ar- Inc., Luna and American International—Mi- our work. As we move to reauthorize these rests and fourteen thousand solved crimes. chael Petrasek. important programs in the Adam Walsh bill Their fine work led the Federal Bureau of In- The Victory Arch was resurrected to its today, I want to thank my colleagues for com- vestigation to name Virginia Beach as the original place on Eastland Avenue on July 12, ing together to put our children first. ‘‘lowest violent crime rate city in the United 2012 just weeks before thousands will visit the f States’’ in 2010. I would like to thank the origi- Berea Fairgrounds for the 116th Cuyahoga HONORING THE LIFE OF ANI´BAL nal Board of Directors: Chairman Al Craft; County Fair. DE JESU´ S RODRI´GUEZ Vice Chairman John J. Kruger; Tom Gmitter, Mr. Speaker and colleagues, please join me Secretary; Bob DeFord, Treasurer; and, Mem- in honoring the reinstatement of the Victory HON. PEDRO R. PIERLUISI bers Thomas C. Broyles, Mary Ellen Cox, Ed Arch at the Cuyahoga County Fairgrounds. OF PUERTO RICO Crittenden, Glenn R. Croshaw, George Duvall, f IN THE HOUSE OF REPRESENTATIVES John Godfrey, Marlene J. Hager, Ernie Hyers, Clarence Keel, Bill Myers, Dennis O’Hearn, ADAM WALSH REAUTHORIZATION Wednesday, August 1, 2012 Ragan B. Pulley, Jr., Gerald Weimer, Roy ACT OF 2012 Mr. PIERLUISI. Mr. Speaker, I rise today to Willman, Navy Captain Danny Michaels and pay my respects to a great Puerto Rican and SPEECH OF Aaron Parsons. I also want to thank the cur- a great American, Anı´bal De Jesu´s Rodrı´guez, rent Board of Directors: Chairman Joe HON. MIKE PENCE who passed away on June 26, 2012. Army O’Brien; Vice Chairman Freddi E. Moody; OF INDIANA Staff Sergeant De Jesu´s Rodrı´guez was a vet- Bonnie B. Capito, Secretary; Daniel D. IN THE HOUSE OF REPRESENTATIVES eran of both World War II and the Korean War. He served with distinction from Sep- Edwards, Treasurer; and Members Don Albee, Tuesday, July 31, 2012 Marie Bauckman, Ginger Carl, James H. tember 1943 until December 1964, retiring Mr. PENCE. Mr. Speaker, I rise today in Capps, Alfred W. Craft, III, Ross Forster, Dr. after more than 20 years of active-duty service support of the Adam Walsh Reauthorization Valerio M. Genta; Nancy Guy, Carleen to our nation. Act of 2012 (H.R. 3796). I would like to recog- In recognition of his achievements while in Lombardo, Roseann Lugar, Stuart Myers, Karl nize Representative Sensenbrenner for a ca- uniform, De Jesu´s Rodrı´guez was awarded Nichols, Ragan B. Pulley, Jr., Chris Roberts, reer spent protecting our nation’s children, in- the Army Commendation Medal, the American Laura Roland, Lawrence E. Ronan, Troy cluding this bill before the House today. Theater Service Medal and the World War II Snead, Ruth Ann Steenburgh, Thomas H. Six years ago I stood with my then 15-year Victory Medal. Thatcher, Donald R.Thrush, Marion Wall and old son and 13-year old daughter in the Rose In addition to his own extraordinary service, Francis L. Warren, Jr. I am thankful to both Garden at the White House when President Sergeant De Jesu´s Rodrı´guez helped cultivate groups for stepping forward when their com- George W. Bush signed into law the Adam a tradition of service in his family. His brothers munity needed them. Because of these fine Walsh Child Protection and Safety Act of also served in the U.S. Army, as did his three community leaders, our children and grand- 2006. sons: Anı´bal, Efrain and Juan. Moreover, three children continue to have the opportunity to Title V of the Adam Walsh legislation con- of his grandsons have served in the U.S. Air grow up in a safe community. I congratulate tains my bill, the Child Pornography Preven- Force, U.S. Army and U.S. Navy. It is families them on 30 years of service and look forward tion Act. My bill set forth new findings to pro- like his that keep our nation safe and strong. to having the Virginia Beach Crime Solvers tect children against so-called ‘‘home pornog- And it is families like his that make our country serve the community for many years to come. raphers’’ to better enable federal prosecutors great.

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.025 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1380 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 I ask my colleagues to join me in honoring his dedication to community service which need to be transported out of Afghanistan by the life of this proud veteran, American patriot, makes Randy most deserving of the honor of the end of 2014 when U.S. and NATO major family patriarch and role model, Anı´bal De the YMCA’s Spirit of the Valley. I am honored combat operations come to an end. This accu- Jesu´s Rodrı´guez. I know he will be greatly to call him my good friend and the Kanawha mulation has occurred over a decade and the missed by those who had the privilege to Valley is fortunate to remember him as one of logistics to drawdown will be monumental. know him. But I also know that he will never their own. Adding to this challenge is the instability of be forgotten. f what has been the primary transit route which f relies on the cooperation of Pakistan. Pakistan MR. DAVID M. DONNINI only recently reopened the transit routes after TRIBUTE TO T. RANDOLPH COX having closed them in late 2011. We must HON. LOU BARLETTA have safe, reliable, and secure alternative HON. SHELLEY MOORE CAPITO OF PENNSYLVANIA ways to move our servicemembers and sup- OF WEST VIRGINIA IN THE HOUSE OF REPRESENTATIVES plies. IN THE HOUSE OF REPRESENTATIVES Wednesday, August 1, 2012 Azerbaijan is one of several options that Wednesday, August 1, 2012 provides a reliable transit route for over 40% Mr. BARLETTA. Mr. Speaker, I rise today to of non-munitions supplies to Afghanistan and Mrs. CAPITO. Mr. Speaker, I rise today to honor David M. Donnini who will be sworn in with the announced closing of Transit Center recognize the lifetime accomplishments of my as President of UNICO National in August at Manas (formerly Manas Air Base) in friend, T. Randolph ‘‘Randy’’ Cox, who is 2012. Founded on October 10, 1922, UNICO Kyrgyzstan, this route will be ever more impor- being honored by the YMCA of the Kanawha National is the largest Italian-American service tant. Valley as its 2012 Spirit of the Valley recipient. organization in the United States. During its Azerbaijan has been a strategic partner and Unfortunately Randy is being recognized post outstanding history, the group has raised hun- key ally in our efforts to combat global ter- mortem as he passed away on his birthday, dreds of thousands of dollars to help countless rorism. Azerbaijan was among the first Muslim October 19, 2011, while participating in one of people and numerous charities. countries to send troops to Afghanistan and his favorite athletic sports, the game of Mr. Donnini, a former Wilkes-Barre, Penn- Iraq as well as provide flyover rights to our squash. sylvania resident, joined the Wilkes-Barre military. Raised in Princeton, New Jersey, Randy at- Chapter of UNICO National in 2001. He was Mr. Speaker, I ask my colleagues to join me tended the University of Virginia as an under- exceptionally active in committee work within in thanking Azerbaijan for their friendship and graduate, the University of Massachusetts the chapter and held numerous positions in- partnership. I hope we continue to work with completing an MBA, and the University of cluding treasurer and first elected vice presi- Azerbaijan to make certain our Miami, where he completed his law degree dent. In 2005, he relocated to Redondo servicemembers have a safe and secure route and met his wife and lifelong partner, Ann. Beach, California, and continued to dedicate for the supplies they need for their well-being Randy and Ann moved to West Virginia and his time to UNICO National by joining the Los while we are still in Afghanistan. It is also es- each became members of the law firm of Angeles Chapter. Due to his hard work, a year sential that we continue to partner with Azer- Spilman, Thomas & Battle. Randy’s practice later, he was elected chapter president and baijan to ensure we have reliable ways to included environmental, telecommunications served in this role from 2007 to 2008. To fur- safely withdraw by the end of 2014. and corporate law, with a primary focus on ther aid the community, he founded the annual government relations and insurance regulatory Italian Festival and Bocce Ball tournament in f matters. Randy was well respected as a mem- Hawthorne, California, to benefit the Jimmy V ber of his firm and for his work throughout Foundation for Cancer Research. IN HONOR OF THE LAWNSIDE West Virginia’s legal community. It is an honor to recognize Mr. Donnini and VOLUNTEER FIRE COMPANY NO. 1 Randy was also committed to serving the his involvement in an organization that has Kanawha Valley and his state, by giving back given so much to the community. I have had to the region where he resided and raised his the esteemed privilege of attending many HON. ROBERT E. ANDREWS family. He served in leadership roles with a UNICO events in my congressional district, in- OF NEW JERSEY number of local charitable, civic and philan- cluding pig roasts and charity events, and IN THE HOUSE OF REPRESENTATIVES thropic organizations, most notably, the Great- proudly witnessed the positive impact the Wednesday, August 1, 2012 er Kanawha Valley Foundation as its former group’s efforts have made in my community. chairman of the board, the West Virginia I congratulate Mr. Donnini on this major ac- Mr. ANDREWS. Mr. Speaker, I rise today to Chamber of Commerce as its former chairman complishment and look forward to seeing how honor the Lawnside Volunteer Fire Company of the government relations committee and his leadership impacts Italian-Americans and No. 1 for its tireless efforts protecting and board of directors, and lastly, the Charleston the thousands of people who benefit from this serving the residents of Lawnside over the last YMCA, who is honoring him as its 2012 Spirit fine organization. 100 years. At this great milestone, I recognize of the Valley recipient, having served as its Mr. Speaker, I commend David M. Donnini the heroic work of these individuals who rou- chairman of the board. At the time of his for his years of committed service to UNICO tinely place themselves in harm’s way for the death, Randy was serving as President of National and his readiness to serve the needs greater good of the community. These volun- Edgewood Country Club where he spent his of Italian-Americans across our Nation and in teers serve as vanguards of safety and sta- leisure time on the golf course or squash northeastern Pennsylvania. bility, performing necessary duties that few are willing to undertake. court. Randy was truly a versatile and talented f man whose life was cut too short. Since its humble beginnings in 1912 with The Spirit of the Valley award specifies that AFGHANISTAN WITHDRAWAL LO- only a small fire hall and single Model T Ford, its recipient be, ‘‘. . . a person who quietly GISTICS AND CAPABILITY OF the Lawnside Volunteer Fire Company has gives of themselves, their time and their re- AZERBAIJAN TO SUPPORT U.S. found growth through determination and com- sources when the Valley’s citizens need them. MILITARY REQUIREMENTS munity initiative. Through fundraising and the Their commitment, persistence, good judg- awarding of federal grants, the Lawnside Fire ment and joyful heart only enrich the fabric of HON. MADELEINE Z. BORDALLO Company steadily grew its fleet of emergency life in our Valley.’’ There is no question that OF GUAM vehicles, providing greater lifesaving assist- Randy certainly embodies these good char- IN THE HOUSE OF REPRESENTATIVES ance to the Lawnside community. The acter traits and is most deserving of this es- Lawnside Fire Company has also gained teemed honor. I am just sorry that he cannot Wednesday, August 1, 2012 statewide recognition as a premiere company, be with us as we honor him. Ms. BORDALLO. Mr. Speaker, I rise today having won a series of awards at the annual In addition to his wife, Ann, Randy leaves to bring to the attention of my colleagues a New Jersey Firemen’s Convention. behind two children, Thomas and his wife, very important matter that our military will Mr. Speaker, Lawnside Fire Company’s con- Brittany, and his daughter Erin, whom he truly soon face; the logistics of withdrawing our tributions and endless dedication to the loved. servicemembers and supplies from Afghani- Lawnside community should not go unrecog- Mr. Speaker, I am honored to speak to the stan. nized. I join the citizens of Lawnside and all of accomplishments of T. Randolph ‘‘Randy’’ Some 90,000 servicemembers, 100,000 Camden County in honoring the achievements Cox, for the level of devotion to his family and shipping containers and 50,000 vehicles will of this exceptional fire company.

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\K01AU8.013 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1381 PERSONAL EXPLANATION INTRODUCTION OF COMMISSION Mr. Speaker, on rollcall No. 539, I was un- ON AMERICANS LIVING ABROAD avoidably absent due to my flight being can- HON. JIM JORDAN ACT celed. Had I been present, I would have voted OF OHIO ‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY f OF NEW YORK Wednesday, August 1, 2012 HONORING JOHN BOGERT IN THE HOUSE OF REPRESENTATIVES Mr. JORDAN. Mr. Speaker, my scheduled flight into Washington yesterday afternoon was Wednesday, August 1, 2012 HON. JANICE HAHN cancelled for mechanical reasons. As a result, Mrs. MALONEY. Mr. Speaker, U.S. citizens OF CALIFORNIA I was absent from the House floor during last who live and work abroad serve as American’s IN THE HOUSE OF REPRESENTATIVES informal ambassadors, helping to strengthen night’s three rollcall votes. Wednesday, August 1, 2012 Had I been present, I would have voted the United States economy and promoting against S. 679 and in favor of H.R. 828 and American influence around the globe. For Ms. HAHN. Mr. Speaker. I rise today to H.R. 3803. years I have worked to ensure overseas honor the memory of John Bogert, who f Americans are able to exercise their right to passed away on July 29, 2012 at the age of vote and have access to banking services. 63 following a lengthy battle with cancer. A TRIBUTE TO THE CAMELLIA Five years ago I formed the Congressional John Bogert was a columnist for the Daily SYMPHONY ORCHESTRA AND Americans Abroad Caucus to focus and bring Breeze, a South Bay local staple, for 28 years. RECOGNITION OF THEIR 50TH AN- awareness to the concerns of the 4–6 million In that time, he wrote some 6,500 columns. NIVERSARY U.S. citizens residing abroad. Because they’re He worked hard, writing five or six columns scattered across the world, it can be hard for weekly, and his efforts did not go unrecog- HON. DANIEL E. LUNGREN Americans living abroad to get the attention of nized. By the end of his life he was known as OF CALIFORNIA Congress. U.S. citizens remain Americans the ‘‘Voice of the South Bay.’’ IN THE HOUSE OF REPRESENTATIVES wherever they are in the world and should not He wrote about anything and everything, but Wednesday, August 1, 2012 be ignored. some of my favorite columns were those he Americans living and working outside the wrote about his family. These columns were Mr. DANIEL E. LUNGREN of California. Mr. U.S. continue to voice concerns regarding the honest—sometimes brutally so—and gave Speaker, I rise today to recognize the 50th an- impact of federal policies on voting, access to readers insight into a life that often seemed niversary of the Camellia Symphony Orchestra financial institutions, immigration, and taxation. very familiar. He had an uncanny ability to of Sacramento, California. draw readers into his experiences and after The Camellia Symphony Orchestra is one of Given that these and other federal policies af- fecting Americans abroad cover an array of reading his columns, his followers felt that Sacramento’s prized assets and has deep they knew him. His book signings were char- roots in the region. agencies, we should study the full impact of these policies on the overseas community. acterized by long lines and his appearance at Today’s Orchestra traces its beginnings local events drew crowds of people waiting to back to a small group of local musicians who That is why today I am introducing the Com- mission on Americans Living Abroad Act, cre- shake his hand. He even wrote one of his col- began informally gathering together and play- umns on me as he attempted to capture a ing music, simply for the fun of it. This group ating an Executive Commission expressly charged with examining the concerns of U.S. ‘‘Day in the Life of Janice Hahn’’—it was one began performing at Encina High School, of my favorite writings on my life. originally naming themselves the ‘‘Pot Luck citizens living and working abroad. This new legislation creates a 15 member panel to John was born on October 7, 1948 in Utica, Symphony.’’ New York and spent much of his childhood in On September 1, 1962, the group formally study the impact of U.S. laws and Executive actions on the overseas Americans commu- Fort Lauderdale, Florida. He attended the Uni- organized eventually adopting the name the versity of Florida where he started his own North Area Community Symphony. Ever since nity. The study would then be used to make recommendations for actions Congress and newspaper and starred on the track team. that September evening, the Orchestra has After some time abroad, he moved to South- continued to grow, educate and entertain peo- the Executive Branch could take to improve collaboration and communication of policies ern California where he was hired by the Daily ple in the Sacramento area. Breeze in 1979. He did not originally plan on By 1970 the Orchestra changed its name to impacting this community. Through this study staying long, but he became one of the the Camellia Symphony and became a regular we can better ensure awareness, coordination, Breeze’s longest tenured journalists until his participant of Camellia Day events held annu- and integration of the activities of the federal departure in June of this year. ally by the City of Sacramento. As the Orches- government relating to Americans abroad. Thanks to original cosponsors Reps. MICHAEL He once said in an interview that journalism tra has grown, it continues to earn national gave him the opportunity to ‘‘meet some pretty praise while also showcasing the talent of HONDA and CHARLES RANGEL for their support of the bill and their advocacy on behalf of great people.’’ And indeed he met with so Sacramentans across the country. In 1979 the many interesting figures, from presidents to Camellia Symphony won its first of many fu- overseas Americans. It is time we take a systemic look at all the nuns to an encounter that let him drop the ture ASCAP awards, and in 1986 won the line, ‘‘Stalin’s interpreter once told me . . .’’ prestigious ‘‘INDIE’’ award for best classical issues affecting our citizens living abroad. Through this bipartisan Commission we can John Bogert leaves behind three children: release. Caitlin, 29, Rachel, 25 and Ian, 18. His eldest As the years have progressed, the Camellia establish the state of policies and rules affect- daughter is expecting his first grandchild in Symphony Orchestra has developed and pro- ing Americans abroad so we can better serve September. The granddaughter will be named duced innovative, historical and exciting per- their needs as they live and work in our global Charlotte, a name picked by John himself. I formances, earning a reputation as one of the economy. I urge my colleagues to support the consider myself incredibly lucky to have finest orchestras in the region. While earning bill. known John, and to have considered him a this reputation of excellence, the Orchestra f close friend. His family, friends, colleagues has continued to give back to the Sacramento PERSONAL EXPLANATION and so many readers will miss him dearly. I community, providing opportunities for local know that I will. musicians to display their musical ability. The Orchestra’s commitment to community is seen HON. AUSTIN SCOTT f OF GEORGIA through its ongoing collaboration with a variety RECOGNIZING RADIOLOGISTS AND IN THE HOUSE OF REPRESENTATIVES of Sacramento events and organizations, such THE INTERNATIONAL DAY OF as Camerata California, the Strauss Festival, Wednesday, August 1, 2012 RADIOLOGY St. John’s Lutheran Church and many others Mr. AUSTIN SCOTT of Georgia. Mr. Speak- in the region. er, on rollcall No. 537, I was unavoidably ab- HON. PETE SESSIONS On behalf of all those in the Sacramento sent due to my flight being canceled. Had I OF TEXAS area who appreciate what the Camellia Sym- been present, I would have voted ‘‘No.’’ IN THE HOUSE OF REPRESENTATIVES phony Orchestra means to our community, I Mr. Speaker, on rollcall No. 538, I was un- would like to congratulate them on their 50th avoidably absent due to my flight being can- Wednesday, August 1, 2012 anniversary and wish them many more years celed. Had I been present, I would have voted Mr. SESSIONS. Mr. Speaker, I rise to rec- of success and prosperity. ‘‘yes.’’ ognize the International Day of Radiology, and

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.027 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1382 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 draw attention to the important contribution their mortgage. For all that time, Diane has firewalled trust fund to help states replace, re- that radiology, in particular diagnostic imaging, been this family’s constant advocate. She has pair, and rehabilitate critical wastewater treat- serves in the health care delivery system. helped them through multiple hearings, held ment facilities. It will be financed by assessing International Day of Radiology is observed an- their bank to their word, and guided them small fees on a broad base of those who use nually on November 8th, an important date in through the bank’s maze-like bureaucracy. water and contribute to pollution: water-based the history of radiology. On that day in 1895, But what has mattered to this constituent beverages, items disposed of in wastewater, Professor Wilhelm Conrad Roentgen discov- more than anything else is that Diane treated and pharmaceuticals, which often wind up in ered x-rays. Radiology will be celebrated by her family with dignity, respect, and sympathy. wastewater systems. many groups including the American College This was in stark contrast to an institution that of Radiology, the Radiological Society of North dealt with them more like a number than a The materials that flow into sewer systems America, and the European Society of Radi- person. At every step of the way, Diane re- and then into rivers and streams present un- ology. minded all involved that this was not an inhu- precedented challenges to our water infra- Radiologists (physicians with special training man transaction—the situation was about real structure. More and more products are de- in the use of imaging including x-rays), Radi- people threatened with losing a home that signed to be flushed down toilets and drains, ation Oncologists (physicians trained to treat meant so much to them. placing them in systems that are already cancers with radiation alone or in combination Truly outstanding, though, is that Diane per- stressed. Pharmaceutical residues are show- with surgery and/or chemotherapy), and the formed her services for this family and many ing up in treated wastewater and because medical imaging community have made signifi- others while she herself dealt with life-threat- they are difficult to treat, I’m afraid we are cant contributions to modern medicine, pro- ening cancer. When too sick to go to the of- slowly medicating vast numbers of Americans viding powerful tools for clinical diagnosis, de- fice, she worked from home. She is still deal- against their will. Aging water systems—some cision making, and treatment of disease. Over ing with the terrible disease but I hope and still made out of brick or wood, some dating the last 30 years, medical imaging tools have pray for her recovery. from the century before last—mean that Amer- been among the most sophisticated and cut- Across the country, thousands of housing ica also faces old-fashioned system reliability ting-edge technologies developed for patient counselors like Diane are working to keep issues. Reports indicate that each year an av- care. During that span we have seen con- families in their homes. They’ve only become erage of six billion gallons of drinking water sistent decreases in cancer mortality rates more important in recent years as the housing leaks from these inadequate and ancient with corresponding increases in American life crisis impacted millions of families. Combined pipes. Six billion gallons is enough to fill 6,000 expectancy. with falling home values, unresponsive mort- Olympic sized swimming pools—if lined up, The U.S. National Academy of Engineering gage servicers, and long-term unemployment, these pools would stretch from Washington, recognized the tremendous contribution of these families have few places to turn. Thank DC to Pittsburgh, PA. medical imaging exams when it ranked imag- goodness for housing counselors, who work to ing among the 20 greatest engineering make sure consumers get a fair shot. They These aging and outdated systems are not achievements of the twentieth century. Prac- are not always successful, but they still make just a local problem, relevant only to a single ticing physicians surveyed in a 2001 Health an incredible difference for families in very dif- neighborhood, city, county, or even state. Affairs study ranked Computed Tomography ficult situations. Water does not obey county boundaries or (CT) and Magnetic Resonance Imaging (MRI) My sincere gratitude goes to these housing even state lines, and it is a resource on which number one among the top 30 recent medical counselors for their heartfelt work, and my we all rely. The Federal Government should innovations. Perhaps most telling, the New best wishes to Diane Sherman for her recov- help fill the funding gaps that local commu- England Journal of Medicine named medical ery. nities and States cannot. The opportunity is now: There is significant State and local in- imaging one of the top 10 medical advances f of the last 1,000 years. vestment, interest rates are near an all-time A 2009 National Bureau of Economic Re- INTRODUCTION OF THE WATER low, and enacting this legislation, the Water search study found that individuals with great- PROTECTION AND REINVEST- Protection and Reinvestment Act, will leverage er access to imaging scans live longer. Diag- MENT ACT hundreds of billions of additional dollars. nostic imaging services have enabled patients The American public is already paying a dis- to avoid several types of expensive and HON. EARL BLUMENAUER proportionate share of the costs of water infra- invasive procedures. Imaging scans cost less OF OREGON structure. Residential households have the than surgeries and reduce the number of un- IN THE HOUSE OF REPRESENTATIVES least capacity to absorb additional costs dur- necessary hospital admissions and length of ing these difficult times, and they already face Wednesday, August 1, 2012 hospital stays. As such, medical imaging wildly escalating costs to deal with problems serves an important role in containing the cost Mr. BLUMENAUER. Mr. Speaker, there is that they did not create. The voracious water of health care in the United States. nothing more essential to quality of life, to the demands of industry far outstrip household With its impact on patients’ health, I’m health of our families and of our communities needs. In large measure, the Cokes of the pleased to recognize the importance of diag- than water. Water is life. Safe drinking water world, the pharmaceutical companies, and in- nostic imaging and radiation oncology, and and basic sanitation make the difference be- dustries that produce products that get flushed call attention to November 8th as the Inter- tween health and sickness, between a family are the ones that accelerate water demand national Day of Radiology. thriving or struggling just to exist. and complicate water treatment. Industries f Water quality and quantity are serious that profit by putting their products in the issues in communities across the country, es- sewer systems—either by design or inadvert- HONORING DIANE SHERMAN, pecially now, when changing weather patterns, MAINE HOUSING COUNSELOR ently—or who withdraw vast amounts of fresh extreme drought, continued growth combine to water to make a profit should pay their fair put an even greater demand on our aging, in- share. Clean water is absolutely essential for HON. CHELLIE PINGREE adequate infrastructure. To ease these pres- these industries and the rest of the business OF MAINE sures, I am introducing the Water Protection community to function. A small fee to pay for IN THE HOUSE OF REPRESENTATIVES and Reinvestment Act, which would establish water infrastructure upgrades would provide a trust fund to help local communities meet the business community far more in benefits Wednesday, August 1, 2012 their water infrastructure needs. than it would cost, and it could be used to le- Ms. PINGREE of Maine. Mr. Speaker, I Over a thousand communities across the verage a broader range of investments. would like to honor the work of housing coun- country are struggling with combined sewer selors across the country who have assisted overflows as well as inadequate and aging This bill will help communities deal with their homeowners during the hardships of the re- sewer pipes. Small communities in particular, water infrastructure needs in a stable, cent housing crisis—and one counselor in par- which already face huge questions of water proactive way, and will provide significant ben- ticular from Maine. supply and quality, have few resources with efits for those who rely on our water system, A constituent wrote to me about Diane which to pay the bills and are seeing sky-high the local government officials charged with Sherman, a housing counselor at Coastal En- monthly costs for consumers. making the system work, and the industries terprises in Wiscasset, Maine, who helped this The Water Protection and Reinvestment Act who rely on a clean, consistent source of constituent in a four-year process to modify creates a deficit-neutral, consistent, and water for their products.

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A01AU8.032 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1383 PERSONAL EXPLANATION Today marks a victory for women’s health try’s legacy of valor and sacrifice. The Mu- care. Some 47 million women will now be able seum honors infantry soldiers—from those HON. JOHN FLEMING to get preventative services that couldn’t be- who crossed the icy Delaware River with OF LOUISIANA fore this rule went into effect. George Washington to those serving in Af- IN THE HOUSE OF REPRESENTATIVES Any new insurance policies sold to individ- ghanistan today—for their selfless service to uals or employers must cover contraception our country, while preserving their stories for Wednesday, August 1, 2012 without a co-pay as part of a larger package future generations. Mr. FLEMING. Mr. Speaker, I was not of mandatory co-pay-free women’s preventive It also serves as a functional area for basic present to vote for rollcall 537 and rollcall 538 care benefits. Insurance plans that have al- training graduations and other special and due to flight delays from storm systems mov- ready been purchased will have to start offer- community events. Since its opening in 2009, ing through the area. Had I been present I ing no-co-pay contraception when they renew. for example, Infantry School classes regularly would have voted ‘‘no’’ on S. 679, the Presi- Before the Affordable Care Act, some insur- graduate on the facility’s parade field. dential Appointment Efficiency and Stream- ance companies did not cover preventative In addition, the National Infantry Museum lining Act of 2011, and ‘‘yes’’ on H.R. 828, the services for women under their health care hosted a Congressional Military Family Cau- Federal Employee Tax Accountability Act of plans, and others required deductibles or co- cus Summit just over a month ago, which con- 2011. pays for the care they needed. nected military families with Members of Con- f That changes today—all health insurance gress, officials from the Department of De- policies are required to cover new preventative fense, personnel from the Department of Vet- HONORING GARY WADDELL care without charging women any co-pays or erans Affairs, and various military and veteran deductibles. Some of the new preventative support organizations to discuss pressing HON. SHELLEY BERKLEY services now available with no co-pay include issues impacting America’s service members OF NEVADA annual visits, FDA-approved contraceptives, and their families. IN THE HOUSE OF REPRESENTATIVES domestic violence screenings and counseling, In 2008, the National Infantry Museum and Wednesday, August 1, 2012 breastfeeding support, HPV DNA testing for Soldier Center Commemorative Coin Act was Ms. BERKLEY. Mr. Speaker, I rise to recog- women 30 or older, HIV and sexually trans- enacted to raise funds to complete the facility nize the outstanding achievements of a great mitted infections screenings, and gestational as well as create an endowment to support its Nevadan, Mr. Gary Waddell. I am proud to call diabetes screenings that help protect pregnant maintenance. No taxpayer funds have been Gary my friend, and that makes me just like women from one of the most serious preg- involved and the U.S. Mint even made a profit hundreds of thousands of Southern Nevadans nancy-related diseases. for the taxpayers from the coin sales. who also have a friend in Gary. All of us know Too often, women put their families’ health With the current economic challenges, how- that when we catch a Gary Waddell television care before their own, especially when it ever, the National Infantry Museum and Sol- newscast, we get the news as it should be comes to preventative care. dier Center hopes to direct the coin proceeds presented. No other newscaster has ever de- Thanks to this new benefit in the Affordable to pay down a portion of the $16 million in livered news with better judgment and commu- Care Act, women can get the regular check- bank loans that the Foundation incurred in nity perspective than Gary has for more than ups and screenings that are so important to order to complete the facility as well as reduce 30 years. No one has ever broadcast with staying healthy without having to worry about interests costs. more intelligence, warmth, and integrity than how much it will affect the family budget. Accordingly, this legislation makes a tech- has Gary. Today’s announcement is just one more nical change that will allow the coin proceeds Gary is the ‘‘dean’’ of newscasters, but that part of the overall implementation plan for im- to be used ‘‘for the retirement of debt associ- term hardly captures what he means to South- proving our nation’s health care system. ated with building the existing National Infantry ern Nevada. In times of crisis in our commu- The Affordable Care Act will provide greater Museum and Soldier center and for any future nity over the years, we’ve always turned to access to affordable health care for millions of capital improvements.’’ It is within the letter Gary’s coverage because he is a consummate women and families who do not have cov- and the spirit of the original measure, and it news professional, never allowing competitive erage now, while also lowering health care will go a long way toward keeping our proud pressure to compromise accuracy, thorough- costs, creating jobs, strengthening the middle Army Infantry past alive so we as great nation ness and fairness. Gary’s signature on-air class, and reducing the deficit. never forget the sacrifices of our brave Infan- style is incisive, sincere, assuring, and warm. f try soldiers. I urge my colleagues to support this legisla- Southern Nevadans rightly call him their PERSONAL EXPLANATION ‘‘Cronkite.’’ tion. f When we see Gary’s work on TV, we are HON. BETTY SUTTON also seeing Gary the man—the man who has RECOGNITION OF THE OF OHIO done so much good for Southern Nevada, RETIREMENT OF GARY BARRIGER above and beyond the ordinary call of his pro- IN THE HOUSE OF REPRESENTATIVES fession. Since the 1970s, Gary has given his Wednesday, August 1, 2012 time and talent to help people in need. His ef- HON. DAVID P. ROE Ms. SUTTON. Mr. Speaker, due to prob- forts, both public and private, have aided OF TENNESSEE lems with travel, I was unable to vote. Had I countless thousands of Southern Nevadans IN THE HOUSE OF REPRESENTATIVES been present, I would have voted ‘‘yes’’ on and built a stronger community for all. Wednesday, August 1, 2012 Gary is coming to the end of his legendary rollcall No. 537, ‘‘yes’’ on rollcall No. 538, and Mr. ROE of Tennessee. Mr. Speaker, I rise broadcasting career. To say he will be missed ‘‘no’’ on rollcall No. 539. today to recognize Mr. Gary Barrigar, who is is a major understatement. I understand he’ll f stepping down as president of the Boone Wa- soon be riding off on his motorcycle, but I look NATIONAL INFANTRY MUSEUM tershed Partnership, which he has served forward to his return, and hope he may pursue since 2005. Through both his work with the a new venture that will again bring him into Partnership and as a schoolteacher, Gary has our living rooms. HON. SANFORD D. BISHOP, JR. made incredible contributions to his East Ten- Congratulations and best wishes on your OF GEORGIA nessee community. new life chapter, my friend. IN THE HOUSE OF REPRESENTATIVES As a science teacher who was in the class- f Wednesday, August 1, 2012 room for 38 years at Elizabethton High NO CO-PAY DAY Mr. BISHOP of Georgia. Mr. Speaker, I am School, Gary headed the award-winning pleased to join my colleagues, LYNN WEST- Elizabethton High Ecology Club. He has also HON. DEBBIE WASSERMAN SCHULTZ MORELAND and Senator SAXBY CHAMBLISS, in been an integral part of numerous organiza- OF FLORIDA support of this legislation, which will strength- tions that protect the environment and outdoor en for the future one of the crown jewels of areas that we East Tennesseeans hold so IN THE HOUSE OF REPRESENTATIVES southwest Georgia—the National Infantry Mu- close to our hearts. Wednesday, August 1, 2012 seum and Soldier Center at Fort Benning. Gary has made it his life’s mission to in- Ms. WASSERMAN SCHULTZ. Mr. Speaker, The National Infantry Museum sits on a 200 crease water quality awareness and help pre- I rise today to commemorate No Co-Pay Day. acre site that serves as a tribute to the Infan- serve local rivers and streams—something

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.035 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1384 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 that all of us in East Tennessee are the better that appeared in The New York Times, Wash- grant refugees from Europe, began his version for. ington Post, Christian Science Monitor, and of the American Dream growing up in the I commend Gary for his selfless contribu- San Francisco Chronicle, among other publi- Bronx, graduating from James Madison High tions to East Tennessee and its water re- cations. School in 1941. He continued his academic sources and wish him the best as he transi- Dr. Grothe was an inspiring mentor, leader studies at Cooper Union University, graduating tions into this new stage in life. and volunteer who served as a father figure to in 1944 and teaching electrical engineering f many. He was committed to creating oppor- there for a short time. tunity for tomorrow’s leaders and made a fi- Sy then started designing and selling equip- PERSONAL EXPLANATION nancial contribution that allowed 145 qualified ment for the building trade, which was boom- international and minority students to pursue ing at that time in post-war America. In the HON. TIMOTHY V. JOHNSON their educational goals. The Peter Grothe 1950s, Sy, seeing an opportunity, struck out OF ILLINOIS Scholarship Fund for Women in Developing on his own and started his own business IN THE HOUSE OF REPRESENTATIVES Countries was created to continue Dr. which he owned and ran until he sold the firm Wednesday, August 1, 2012 Grothe’s tradition of providing educational op- at the age of 66 at his wife Ellenore’s request. portunity. However, retirement didn’t take with Sy, and Mr. JOHNSON of Illinois. Mr. Speaker, on Mr. Speaker, I offer my deepest condo- he continued to work. At the tender young age Tuesday, July 31, 2012 I missed votes due to lences to Dr. Grothe’s sister, Ms. Carol Ste- of 71, he started a new engineering and sales a meeting in my district with constituents in vens, and half siblings, Mr. Tom Grothe, and firm with younger partners where he continues Urbana, IL on pressing local issues. Had I Ms. Heidi Carman. Dr. Grothe leaves an in- his storied career in the construction industry been present, I would have voted ‘‘aye’’ for S. spiring legacy and he will be deeply missed. to this day, still going in to work at age 88. 679, Presidential Appointment Efficiency and f Sy’s knowledge, work ethic, and old-fashioned Streamlining Act of 2011; ‘‘aye’’ for H.R. 828, integrity are the stuff of legend in the industry. Federal Employee Tax Accountability Act of CELEBRATING IAB’S FIRST 30 Over the years, he has been honored several 2011; and ‘‘aye’’ for H.R. 3803, District of Co- YEARS times by ASHRAE, the nationwide building lumbia Pain-Capable Unborn Child Protection technology society, as well as other industry Act. HON. JOE BARTON organizations. f OF TEXAS Sy has also been a terrific community lead- er and a fighter for the underdog throughout IN HONOR OF DR. JOHN PETER IN THE HOUSE OF REPRESENTATIVES his life. Through his businesses and a lifetime GROTHE Wednesday, August 1, 2012 of charitable endeavors, he has created op- Mr. BARTON of Texas. Mr. Speaker, today portunities for people from all walks of life and HON. SAM FARR Dr. Burgess and I rise to recognize the Inde- backgrounds. In addition, he and his beloved OF CALIFORNIA pendent Association of Businesses (IAB), a wife Ellenore, who unfortunately passed away IN THE HOUSE OF REPRESENTATIVES leading national trade association, in cele- this year after 67 years of marriage, were Wednesday, August 1, 2012 brating 30 years of supporting small business founders of the Pelham Jewish Center, which owners and self-employed individuals. IAB has been a primary focus of his energies and Mr. FARR. Mr. Speaker, I rise today to was founded in 1982 and after years of care for many years. honor the late Dr. John Peter Grothe who growth, now serves more than one million Mr. Speaker, while he has many achieve- passed away on June 16th, 2012 at the age members. ments to his name, Sy is most proud of his of 81. Dr. Grothe was a dedicated public serv- IAB was founded in Washington, DC and two children, a doctor and a lawyer; his ant who counted among his proudest achieve- maintains its administrative headquarters in daughter-in-law, an architect; and his four ments drafting the original Peace Corps legis- the Dallas/Fort Worth area. IAB is a non-profit, grandchildren, who are, respectively, the first lation and giving it the name ‘‘Peace Corps’’ 501(c)6 designated business organization, and trumpet for the San Francisco Opera and a when he worked for Senator Hubert Hum- has been recognized by numerous State and music professor at Berkley, a doctor interning phrey. Dr. Grothe was a dedicated educator, Federal officials for its success in aiding and at Stony Brook University Medical Center, a author, and public speaker whose passion and advancing small businesses. The organization law student and Human Rights Fellow at Co- work touched countless lives. has had success in providing businesses and lumbia University Law School, and a rising Dr. Grothe was born on May 28, 1931 in individuals with beneficial tools such as re- junior at Dartmouth College. I ask all of our San Francisco to Walter and Dorothy Grothe search, advocacy, and access to numerous colleagues to rise and join me in honoring and grew up in Hillsborough, California. He services. Additionally, members have the op- Seymour S. Levander. earned his BA and MA degrees in Journalism portunity to become associates with JAB in f from Stanford University and later went on to order to further promote the organization’s ef- earn his PhD in Political Science from George forts. IN SUPPORT OF H. RES. 742, CON- Washington University. After his work with After 30 years, IAB continues to put the in- DEMNING THE RUSSIAN FEDERA- Senator Humphrey, Dr. Grothe was appointed terests of both business owners and con- TION FOR SELLING WEAPONS TO Deputy Director of the United Nations Division sumers first. It is our pleasure to recognize the SYRIA of the U.S. Peace Corps. Independent Association of Businesses for 30 Following this appointment, Dr. Grothe years of service and this significant milestone HON. LAURA RICHARDSON launched a long career in academia, serving in its history. We are privileged to represent OF CALIFORNIA as an Adjunct Professor at the Graduate JAB, America’s Premier Membership Associa- IN THE HOUSE OF REPRESENTATIVES School of International Policy Studies at the tion in the U.S. House of Representatives. Wednesday, August 1, 2012 Monterey Institute of International Studies in f my Congressional District where he was the Ms. RICHARDSON. Mr. Speaker, today I Director of International Student Programs and IN RECOGNITION OF THE CAREER rise in support of H. Res. 742, a resolution I taught American Politics and Cross-Cultural AND ACHIEVEMENTS OF SEY- introduced condemning the Russian govern- Communications. Dr. Grothe also held posi- MOUR S. LEVANDER ment for selling weapons to the Assad regime tions at San Jose State University, Odense of Syria. University in Denmark, and State University of HON. GARY L. ACKERMAN A bipartisan companion resolution spon- New York, Stony Brook. Dr. Grothe brought OF NEW YORK sored by Senators CORNYN (R–TX) and DUR- his knowledge and abilities to his work as a IN THE HOUSE OF REPRESENTATIVES BIN (D–IL) has been introduced in the Senate visiting research scholar, lecturing in Sweden, as S. Res. 494. I am proud that my colleagues Wednesday, August 1, 2012 Norway, and 51 other countries. He also SHEILA JACKSON LEE, DAVE CAMP, SUE served with the American Field Service as an Mr. ACKERMAN. Mr. Speaker, I rise today MYRICK, BILL PASCRELL, JR. and BETTY adviser, leader, and volunteer. to honor the exceptional achievements and MCCOLLUM have joined me as original co- Dr. Grothe was also an accomplished au- outstanding career of Seymour S. Levander. sponsors of this important resolution. thor who wrote To Win the Minds of Men—A Sy, as his friends and family know him, will The resolution is endorsed by the American Study of the Propaganda War in East Ger- turn 89 years old later this year, is a beloved Syrian Coalition, ASC, and I ask unanimous many and penned numerous scholarly articles father and grandfather. Sy, the son of immi- consent to include in the record a letter of

VerDate Mar 15 2010 06:35 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.040 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS August 1, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1385 support from ASC Chairman Mahmoud Mr. Speaker, Russia can do what I cannot, was commissioned an Ensign on November Khattab. I welcome and invite all members of and that is to sit idly by as thousands of inno- 18, 1988, with his father, Richard Westerlund, the House to co-sponsor this resolution. cent civilians are slaughtered because of their and brother, Midshipman Lance Westerlund, in I am proud that I was able to work with Re- desire to live in a free and democratic country. attendance. publican colleagues in the House and the Syrian men and women fighting for demo- After graduation from Surface Warfare Offi- Senate on a resolution that puts the Congress cratic ideals should not be abandoned to face cer School in Coronado, California, he re- on record in calling upon the government of the wrath of a tyrant alone. They should know ported aboard the USS Mahon S. Tisdale Russia to immediately end all weapons sales that they have a friend in the American gov- (FFG–27), where he was assigned the posi- to Syria, support international sanctions ernment. tion of First Lieutenant and also served as against the regime of Syrian President Assad, Today, I ask for my colleagues’ support for Helicopter Control Officer. He served two and to use its influence to help bring about a H. Res. 742. The Russian government has en- years aboard the USS Tisdale, earning his peaceful transition of leadership within the abled the Assad regime to commit murder Surface Warfare Pin and deploying to Japan government of Syria. among other mass atrocities, and they need to and Korea in support of PACEX89. Mr. Speaker, what began as a peaceful be held accountable for their actions. In 1990, Lieutenant Commander Westerlund stand against tyranny has morphed into the As a member of the Committee on Home- was promoted to Lieutenant Junior Grade. He bloodiest movement of the Arab Spring. Ac- land Security I have seen how America is an entered the U.S. Naval Reserves and became cording to the International Red Cross, more example of democracy and peace, and I wish the Administrative Officer for the USS Worden than 16,000 men, women and children have to see the same outcome for Syria. (CG–18) naval reserve detachment based in been killed in the conflict, and the violence I stand today not only to ask for the support Fresno, California. has increased substantially in the past few of my colleagues, but to show my support and weeks. An estimated 1 million Syrians have admiration for the rebel fighters and all those From 1991 through 1994, Lieutenant Com- also been internally displaced and tens of in Syria who are fighting against oppression mander Westerlund served as a Convoy Offi- thousands more have fled to neighboring and cruelty. cer for the Convoy Command Detachment in countries. JULY 30, 2012. Seattle, Washington. In September of 1994, The massacres in Houla and Tremseh Hon. LAURA RICHARDSON, Lieutenant Commander Westerlund reported where dozens if not hundreds of civilians were House of Representatives, Longworth Office for duty with Mobile Inshore Underwater War- killed are just two of the more shocking exam- Building, Washington, DC. fare Units 103 and 104, where he served as ples of the terror that has gripped this nation DEAR REP. RICHARDSON: On behalf of the a Division Officer and Department Head. He American Syrian Coalition (ASC), I would for over a year. served multiple training periods in Korea and like to thank you for introducing H. Res. 742, Bahrain with these two units. Battles are currently raging for the country’s a bipartisan resolution condemning the Rus- two largest cities, the capital Damascus and sian government for continuing to sell offen- In June 1997, Lieutenant Commander the commercial center Aleppo. In Aleppo rock- sive weapons to the Assad regime of Syria, Westerlund was awarded the Navy and Ma- ets and shells have routinely been landing in which is using them to violently suppress rine Corp Achievement Medal while serving as residential areas, and there have been peaceful demonstrations and protests by in- the Physical Security Officer during Overseas sightings of fighter planes over the city. The nocent Syrian citizens. Operations in Manama, Bahrain, where he international community is holding its breath Since the beginning of the Syrian revolu- was tasked with establishing waterside secu- tion in March 2011, more than 21,000 people as the Assad regime gears up for what many have been killed, according to the Syrian Ob- rity watch to counter terrorist threats. fear will be a massacre of the city. A rebel vic- servatory for Human Rights, and thousands Lieutenant Commander Westerlund was re- tory in Aleppo would be a decisive turning more have been wounded, displaced, de- called to active duty in April of 1998 for one point in the war, and this is something the Syr- tained, and/or tortured. Emboldened by the year in support of stabilization operations in ian government will prevent from happening at Russian and Chinese vetoes at the U.N. Secu- Bosnia. During this assignment, he was instru- all costs. rity Council, the regime continues its all-out mental in writing a major force structure study President Assad’s brutal crackdown in re- military assault using Russian-supplied heli- copter gunships and fighter jets to bomb for the US-European Command (EUCOM). sponse to these protests has been directly While serving for the EUCOM, he was award- fueled by the unrelenting support of the Rus- Syrian civilians simply because they de- manded freedom, dignity and democracy. ed his first Defense Commendation Medal and sian Federation. Throughout the mass mur- Your stance with the Syrian people is coura- NATO Operations Medal. Shortly after return- ders, torture and other atrocities perpetrated geous and we wholeheartedly appreciate ing from Bosnia, Lieutenant Commander by the regime, Russia has continued to send your efforts to help put an end to the brutal Westerlund transferred to the Inactive Ready weapons, knowing they are not being used for Assad regime. Reserve. Thank you again for supporting the Syrian self defense purposes. As a result of the attacks on the United Although the vast majority of the world has people and for standing up for those facing States on September 11, 2001, Lieutenant condemned the actions of President Assad injustice at home and abroad. Commander Westerlund returned to active and his government, China and Russia have Sincerely, DR. MAHMOUD KHATTAB, drilling status. He was assigned to Com- refused to support any efforts to end the vio- Chairman, mander Pacific Fleet (COMPACFLT) Det–520 lence. Russia in particular has been Mr. American Syrian Coalition. in Sacramento, California—a capacity in which Assad’s staunchest defender. The Russian f he served as the head of various divisions and Federation has now vetoed three United Na- departments. tions Security Council Resolutions that would HONORING NAVY LIEUTENANT have imposed long overdue international sanc- COMMANDER LAWRENCE E. In 2004, Lieutenant Commander Westerlund tions against the Syrian regime. WESTERLUND ran a successful election campaign for a seat I agree with Secretary of State Hillary Clin- on the Fresno City Council. Before taking of- ton when she stated, and I quote: ‘‘History will fice, Lieutenant Commander Westerlund re- HON. JEFF DENHAM turned to active duty for six months standing judge this council; its members must ask OF CALIFORNIA the Battle Watch for COMPACFLT. In January themselves whether continuing to allow the IN THE HOUSE OF REPRESENTATIVES Assad regime to commit unspeakable violence 2005, Lieutenant Commander Westerlund was against its own people is the legacy they want Wednesday, August 1, 2012 sworn in as the District Four Representative to leave.’’ Mr. DENHAM. Mr. Speaker, I rise today to for the Fresno City Council. During this time, These comments were obviously directed honor the career of United States Navy Lieu- he continued to drill in Sacramento for towards Russia and China, and Russian De- tenant Commander Lawrence E. Westerlund COMPACFLT Det–520. fense Minister Sergei Lavrov has simply re- and to congratulate him on his upcoming re- Lieutenant Commander Westerlund was re- peated Russia’s support for non-intervention, tirement from the U.S. Navy, following 20 called to active duty in support of Operation and stated that any solution would have to be years of active and reserve service. Enduring Freedom in 2007. He served from decided by Syrians themselves, and not a for- Lieutenant Commander Westerlund, a na- April 2008 to May 2009 as the Counterter- eign power. tive of Fresno, California, entered the U.S. rorism Train and Equip Manager for the Joint Mr. Lavrov says this as his country con- Navy through Officer Candidate School, Class Special Operations Task Force for the Tran- tinues to send arms to Mr. Assad and his 8809, in Newport, Rhode Island shortly after Sahara for the U.S. European Special Oper- army whose firepower is already vastly supe- graduating from California Polytechnic State ations Command (SOCEUR) and Africa Spe- rior to the rebels they are attacking. University in San Luis Obispo, California. He cial Operations Command (SOCAFRICA). For

VerDate Mar 15 2010 06:49 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A01AU8.045 E01AUPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1386 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 2012 his service, he was awarded his second De- His 16-member Commission on Ocean Pol- He has truly made a difference in the lives fense Commendation Medal. icy developed ‘‘An Ocean Blueprint for the of so many people. It has been a privilege to In December of 2009, Lieutenant Com- 21st Century’’ which offered comprehensive call him a friend and to celebrate this signifi- mander Westerlund became the Officer in recommendations for a national ocean policy. cant milestone. Charge (OIC) of the 38 sailors of the Military When those recommendations were finalized f Sealift Command Cargo Afloat Rigging Team and presented in 2004, he said, ‘‘With a clear III, Detachment C based out of Lemoore, Cali- mandate from the President, and strong, bi- RED TAPE REDUCTION AND fornia. While serving as OIC, he was deployed partisan support among Members of Con- SMALL BUSINESS JOB CREATION twice onboard the USNS Guadalupe (T–AO– gress, we can begin the difficult, but critical ACT 200). process of implementing a comprehensive na- Lieutenant Commander Westerlund is mar- tional ocean policy.’’ He spent the last eight SPEECH OF ried to Dora Rivera of Mazatlan, Mexico. While years of his life acting on implementing those HON. MAZIE K. HIRONO deployed overseas in Operation Enduring recommendations. In his wake it will take OF HAWAII Freedom, Lieutenant Commander Westerlund many of us here in Congress, along with other IN THE HOUSE OF REPRESENTATIVES was reelected to the Fresno City Council, and nongovernmental actors to continue to steer his first child, Zoe, was born. Lieutenant Com- and direct these efforts and contribute to the Wednesday, July 25, 2012 mander Westerlund and his wife recently wel- heavy lift of moving this important work for- The House in Committee of the Whole comed their second child—a son named Wil- ward. House on the state of the Union had under liam. Mr. Speaker, I know I speak for the whole consideration the bill (H.R. 4078) to provide On August 11, 2012, Lieutenant Com- House in recognizing the contributions that that no agency may take any significant reg- Admiral Watkins made to make this world a ulatory action until the unemployment rate mander Westerlund will retire from the United is equal to or less than 6.0 percent: States Navy after 20 years of honorable mili- better place. We offer our condolences to his tary service. Mr. Speaker, please join me in family and friends, and particularly his six chil- Ms. HIRONO. Mr. Chair, last week the honoring Lieutenant Commander Lawrence E. dren and his wife, Janet. Those of us who had House considered H.R. 4078, the Regulatory Westerlund for his outstanding career. He is a the good fortune to have known him are better Freeze for Jobs Act. Like the REINS Act and true public servant. I congratulate him on his people for the experience. other similar legislation this chamber has con- retirement, and wish him the best of success f sidered—and I have opposed—the Regulatory in his future endeavors. Freeze for Jobs Act (H.R. 4078) would prevent HONORING MONSIGNOR FELIX S. federal agencies from developing and imple- f DIOMARTICH menting regulations that protect public health, IN HONOR OF ADMIRAL JAMES D. consumers, and our environment. WATKINS HON. JANICE HAHN One of the majority’s primary arguments for OF CALIFORNIA this bill is that regulations kill jobs by making HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES it hard for businesses to do what they need to OF CALIFORNIA Wednesday, August 1, 2012 do to succeed. In the current economy, this IN THE HOUSE OF REPRESENTATIVES Ms. HAHN. Mr. Speaker, I rise to honor sounds plausible. Unfortunately, the facts and data do not support this claim. Wednesday, August 1, 2012 Monsignor Felix S. Diomartich, the oldest priest in the City of Los Angeles and the Since 2007 the Bureau of Labor Statistics Mr. FARR. Mr. Speaker, I rise today to S˘ ibenik region of Croatia, who is celebrating (BLS) has asked businesses that have laid off honor the life and exemplary service of the 75 years of service in the priesthood. Mon- large numbers of workers what caused them late Admiral James D. Watkins. Chief of Naval signor Diomartich was born on November 2, to make such layoffs. According to the BLS’s Operations, Chairman of the Commission on 1914, in Zlarin, Croatia. He began his life’s survey data government regulations contrib- AIDS, Secretary of Energy, and Chairman of journey at the parish of Vodice as the Asso- uted to only 0.2 percent of layoffs in 2009, the U.S. Commission on Ocean Policy, he ciate Pastor. Soon after, he was named Sec- 2010 and through the first half of 2011. was called out of retirement on multiple occa- retary to Bishop Mileta. He later earned two Instead, the BLS found that the number one sions but left the service of our Nation and our doctorate degrees in theology and church law reason companies made mass layoffs was be- world last Thursday night. He passed on from at the Gregorian University in Rome, Italy. Be- cause of reduced demand for their products or his home in Alexandria, VA at the age of 85. fore leaving for the United States, he obtained services from consumers. His presence will certainly be missed not just the title of the lawyer of the Sacra Romana Surveys conducted by the American Sus- in Washington, but across the country and Rota. tainable Business Council, the Main Street Al- particularly in the ocean science community. After arriving in the United States, Mon- liance, and the Small Business Majority also A native of California and a graduate of the signor Diomartich served at three parishes in found that lack of demand is the primary chal- U.S. Naval Postgraduate School in Monterey, the Archdiocese of New York before he was lenge facing businesses today—not regula- Admiral Watkins served in the Navy for 37 invited to serve at St. Anthony Croatian tions. years where he rose to become the Chief of Church in Los Angeles. Monsignor Diomartich One of the other arguments the majority has Naval Operations. An esteemed feat by itself, served for 36 years as an administrator and advanced to support their claim that regula- this position was just the starting point for as a pastor. He supported such organizations tions hurt the economy is that there will be what would become his most venerable leg- as the St. Ann’s Altar Society for women and ‘‘unintended consequences.’’ Again, this acy. After retirement from the Navy, Admiral the Holy Name Society for men. He founded sounds plausible given the state of our econ- Watkins was appointed Secretary of Energy two new societies for American-born young omy. But again, this assertion does not hold during the Reagan administration. adults called the Anthonians and the St. An- up against the facts. Accomplished through his ability to bring thony’s Women’s Guild. His other accomplish- Take, for example, the Clean Air Act and disparate groups together to understand and ments at the parish include the St. Anthony’s the regulations that resulted from the law. In solve complex problems, he led two of the Annual Picnic Festival, building of a new rec- 1990, Congress passed the Clean Air Act most important federal commissions to occur tory, and remodeling and expanding the origi- Amendments on a strong bipartisan basis. De- in the past 25 years—one on the AIDS pan- nal parish hall. spite concerns raised by industry over the cost demic and the other on the Congressionally In 1978, Pope Paul VI awarded him the title of the rules mandated by the law, the decade directed Commission on Ocean Policy. Both of Monsignor. The Croatian National Associa- following its enactment was a great time U.S. commissions sought to improve the health and tion and Foundation awarded him with its Life- businesses. The economy created 21 million well-being of all through improved under- time Achievement award in 2008. Though he jobs, and we had the longest period of sus- standing of our least understood systems—the has retired from its administration, Monsignor tained economic growth in national history. human immune system and the planetary Diomartich continues to reside at the St. An- In fact, since passage of the initial Clean Air ocean system. As a public servant and as a thony Croatian Church, helping with masses Act over 40 years ago, our economy has citizen, Admiral Watkins acted deliberately and and confessions. Through his passion of grown by over 200 percent. At the same time, thoughtfully to digest massive quantities of in- spreading the word of God, he has inspired we have improved the nation’s air quality and formation and actors into specific challenges and guided the residents of Los Angeles and the health of the American people by reducing with clearly articulated steps to achieve has brought unity and pride to the Croatian toxic and health threatening air pollutants by agreed-upon outcomes. community. 60 percent. The estimated economic benefits

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This ex- The Congressional Budget Office (CBO) Oregon. ceeds the projected costs of implementing the found that these changes would freeze routine Don Dillenbeck was born and raised in my regulations by more than 30 to 1. updates to programs like payment rates for home town of Hood River, Oregon where he We can also look at the recent financial cri- services to Medicare patients. This would graduated from Hood River Valley High sis as a cautionary tale of the ‘‘unintended have a negative impact on doctors and sen- School in 1972. Don began his career in pub- consequences’’ of not having appropriate safe- iors. lic safety as a Dispatcher and Corrections guards put in place. CBO also estimates that the legislation Deputy with the Hood River County Sheriff’s In 1994 Congress gave the Federal Reserve ‘‘would have a significant effect on direct Office on January 23, 1975. authority to regulate subprime and other high spending’’ because laws could not be imple- risk mortgages. It took them until 2008 to do mented properly—unnecessarily increasing the Deputy Dillenbeck was promoted to Road anything with that authority. Unfortunately, deficit. Deputy in 1978, taking on more responsibility 2008 was too late to prevent the housing bub- H.R. 4078 would also give regulated indus- with his new position. Patrolling the county for ble that popped and set off a financial crisis tries the ability to influence rules behind the next 34 years and serving under three dif- that cost American families $6.5 trillion in closed doors by requiring that agencies con- ferent Sheriffs, Deputy Dillenbeck logged over household wealth, millions of jobs, and re- sult with private industry stakeholders before 1 million miles on six different patrol cars. His quired significant resources from the federal proposed rules are made available for public duties included not only the protection of the government to address. comment. The changes made under this bill public, but also the training and mentoring of Even former Federal Reserve Chairman would also allow regulations to be challenged new Deputies. His extensive knowledge of Alan Greenspan admitted to the House Over- and delayed, increasing uncertainty for busi- procedure, law and tactics has been invalu- sight and Government Affairs Committee in nesses and the economy—which seems to able to the county over the course of his ca- 2008 that he’d been wrong about the housing run counter to the majority’s primary argument reer. bubble and should have done more. for the bill in the first place. Mr. Speaker, Deputy Dillenbeck is also These stories illustrate the importance of re- This bill also ignores the work that the somewhat of a celebrity due to a dangerous sponsible environmental and consumer protec- Obama Administration has been engaged in to highspeed pursuit that was featured on the tel- tions to a strong economy, strong commu- review current regulations in order to eliminate evision program ‘‘World’s Wildest Police nities, and healthy families. Yet none of this outdated, obsolete, and ineffective rules. The Chases.’’ In 1997, a fleeing suspect rammed information or experience seems to have had President placed a premium on getting feed- his patrol car three times. Thankfully, the sus- any impact on the majority. back on this effort from the public—including pect was apprehended and did not seriously In fact, the bill today would likely delay regu- the business community. As a result paper- injure Deputy Dillenbeck. This incident is a lations like the mercury and air toxics rule. Ac- work burdens, unnecessary or outdated rules, prime example of the high level of commit- cording to estimates, each year that we delay and barriers to exporting and other job cre- ment Deputy Dillenbeck holds for public serv- implementing this rule means 17,000 pre- ating activities have been or will be eliminated. ice. When he is called upon to put his own life mature deaths, 120,000 cases of asthma, These changes are projected to save tax- in danger—whether it’s apprehending a fleeing 12,200 hospital and emergency room visits for payers billions in the coming years. felon or volunteering as a firefighter with respiratory and cardiovascular disease, and Now is not the time to put the brakes on this Westside Fire Department—Deputy Dillenbeck 850,000 days of missed work and school due effort, which has been open, transparent and can be counted on to answer. to illness. appropriately balances the need for respon- Although he will officially retire from his full- In addition, every year approximately 1.2 sible safeguards for consumers, the environ- time position, Deputy Dillenbeck has re- million people get sick, 7,125 people are hos- ment, and public health with the need for a quested to remain with the Sheriff’s Office in pitalized, and 134 people die from foodborne strong and growing economy. a volunteer capacity as a Reserve Deputy so illnesses attributed to contaminated produce. f he can continue to serve and protect the pub- Enacting this bill would halt progress on imple- lic in Hood River County. Even in retirement, TRIBUTE TO DON DILLENBECK menting the Food Safety Modernization Act to Deputy Don Dillenbeck will continue to answer reduce these contaminations and protect our the call to service. families. HON. GREG WALDEN Mr. Speaker, I ask that my fellow colleagues The Regulatory Freeze for Jobs Act would OF OREGON join me in recognizing Don Dillenbeck. He has arbitrarily freeze all regulations until unemploy- IN THE HOUSE OF REPRESENTATIVES ment is below 6 percent, prevent regulations earned the thanks of a grateful nation not only from being developed and implemented during Wednesday, August 1, 2012 for his dedication to service, but for his unwav- presidential transitions, expose regulations to Mr. WALDEN. Mr. Speaker, it is with great ering commitment to his community. Please court challenges that will increase uncertainty, pride that I rise today to pay special tribute join me in wishing Deputy Don Dillenbeck a and make other changes to procedures for de- Hood River County Sheriff’s Deputy Don very long and happy retirement. veloping and implementing regulations. Dillenbeck. Deputy Dillenbeck is retiring from

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HIGHLIGHTS See Resume´ of Congressional Activity. Senate consideration of H.R. 3412, to designate the facility Chamber Action of the United States Postal Service located at 1421 Routine Proceedings, pages S5805–S5900 Veterans Memorial Drive in Abbeville, Louisiana, as Measures Introduced: Sixteen bills and eight reso- the ‘‘Sergeant Richard Franklin Abshire Post Office lutions were introduced, as follows: S. 3465–3480, Building’’, and the bill was then passed. Page S5894 S.J. Res. 49, S. Res. 535–540, and S. Con. Res. 55. SPC Nicholas Scott Hartge Post Office: Com- Pages S5870–71 mittee on Homeland Security and Governmental Af- Measures Reported: fairs was discharged from further consideration of H.R. 1272, to provide for the use and distribution H.R. 3501, to designate the facility of the United of the funds awarded to the Minnesota Chippewa States Postal Service located at 125 Kerr Avenue in Tribe, et al, by the United States Court of Federal Rome City, Indiana, as the ‘‘SPC Nicholas Scott Claims in Docket Numbers 19 and 188. Hartge Post Office’’, and the bill was then passed. S. 3370, to authorize the Administrator of Gen- Page S5894 eral Services to convey a parcel of real property in First Sergeant Landres Cheeks Post Office Albuquerque, New Mexico, to the Amy Biehl High Building: Committee on Homeland Security and School Foundation. Page S5870 Governmental Affairs was discharged from further consideration of H.R. 3772, to designate the facility Measures Passed: of the United States Postal Service located at 150 Enrollment Correction: Senate agreed to S. Con. South Union Street in Canton, Mississippi, as the Res. 55, directing the Clerk of the House of Rep- ‘‘First Sergeant Landres Cheeks Post Office Build- resentatives to make a correction in the enrollment ing’’, and the bill was then passed. Page S5894 of H.R. 1627. Pages S5824–25 Ysleta del Sur Pueblo and Alabama and Warren Lindley Post Office: Committee on Coushatta Indian Tribes of Texas Restoration Act: Homeland Security and Governmental Affairs was Senate passed H.R. 1560, to amend the Ysleta del discharged from further consideration of H.R. 1369, Sur Pueblo and Alabama and Coushatta Indian to designate the facility of the United States Postal Tribes of Texas Restoration Act to allow the Ysleta Service located at 1021 Pennsylvania Avenue in del Sur Pueblo Tribe to determine blood quantum Hartshorne, Oklahoma, as the ‘‘Warren Lindley Post requirement for membership in that tribe. Office’’, and the bill was then passed. Page S5894 Page S5894 Reverend Abe Brown Post Office Building: Improper Payments Elimination and Recovery Committee on Homeland Security and Governmental Improvement Act: Senate passed S. 1409, to inten- Affairs was discharged from further consideration of sify efforts to identify, prevent, and recover payment H.R. 3276, to designate the facility of the United error, waste, fraud, and abuse within Federal spend- States Postal Service located at 2810 East ing, after agreeing to the committee amendment in Hillsborough Avenue in Tampa, Florida, as the the nature of a substitute, and the following amend- ‘‘Reverend Abe Brown Post Office Building’’, and ment proposed thereto: Pages S5894–98 the bill was then passed. Page S5894 Reid (for Carper) Amendment No. 2770, in the Sergeant Richard Franklin Abshire Post Office nature of a substitute. Pages S5896–98 Building: Committee on Homeland Security and Board of Regents of the Smithsonian Institu- Governmental Affairs was discharged from further tion: Senate passed S.J. Res. 49, providing for the D804

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Res. 519, designating October 30, 2012, as a na- tions contained in the Burmese Freedom and De- tional day of remembrance for nuclear weapons pro- mocracy Act of 2003; that the only amendment in gram workers, and the resolution was then agreed to. order be a Coburn amendment, the text of which is at the desk, that there be 30 minutes for debate Page S5898 equally divided and controlled in the usual form; National Fetal Alcohol Spectrum Disorders that upon the use or yielding back of time, Senate Awareness Day: Senate agreed to S. Res. 536, des- vote on or in relation to the amendment; that if the ignating September 9, 2012, as ‘‘National Fetal Al- amendment is not agreed to, the bill be read a third cohol Spectrum Disorders Awareness Day’’. time and passed, without further action or debate; Pages S5898–99 that when the Senate receives H.R. 5986 and if its National Ovarian Cancer Awareness Month: text is identical to S. 3326, Senate proceed to the Senate agreed to S. Res. 537, supporting the goals immediate consideration of H.R. 5986, the bill be and ideals of National Ovarian Cancer Awareness read a third time and passed, without further debate, Month. Pages S5898–99 with no amendments in order prior to passage; pro- vided further that if the Coburn amendment is National Prostate Cancer Awareness Month: agreed to, the Committee on Finance be discharged Senate agreed to S. Res. 538, designating September from further consideration of H.R. 9 and Senate pro- 2012 as ‘‘National Prostate Cancer Awareness ceed to its immediate consideration, that all after the Month’’. Pages S5898–99 enacting clause be stricken and the text of S. 3326, National Chess Day: Senate agreed to S. Res. as amended, be inserted in lieu thereof, the bill be 539, designating October 13, 2012, as ‘‘National read a third time and passed, without further debate; Chess Day’’. Pages S5898–S5900 that when the Senate receives H.R. 5986, the Senate National Convenient Care Clinic Week: Senate proceed to its immediate consideration, and all after agreed to S. Res. 540, designating the week of Au- the enacting clause be stricken and the text of Sec- gust 6 through August 10, 2012, as ‘‘National Con- tions 2 and 3 of S. 3326, as reported, be inserted in lieu thereof, the bill be read a third time and venient Care Clinic Week’’. Page S5900 passed, without further debate, as amended; and S. Measures Considered: 3326 be returned to the Calendar of Business; that Veterans Jobs Corps Act: Senate began consider- no motions be in order other than motions to waive ation of the motion to proceed to consideration of S. or motions to table. Page S5858 3429, to require the Secretary of Veterans Affairs to A unanimous-consent-time agreement was reached establish a veterans jobs corps. providing that at approximately 9:30 a.m., on Pages S5805–24, S5825–58 Thursday, August 2, 2012, Senate begin consider- ation of S. 3326; following the debate on the House Messages: Coburn amendment, the time until 11 a.m., be Iran Sanctions, Accountability, and Human equally divided and controlled between the two Rights Act: Senate concurred in the amendment of Leaders, or their designees, prior to the cloture vote the House of Representatives to the amendment of on S. 3414, Cybersecurity Act; provided further, that the Senate to H.R. 1905, to strengthen Iran sanc- notwithstanding the outcome of the cloture vote, tions laws for the purpose of compelling Iran to Senate proceed to vote on or in relation to Coburn abandon its pursuit of nuclear weapons and other amendment to S. 3326, and the remaining provi- threatening activities. Pages S5858–63 sions of the previous order be executed; and that the African Growth and Opportunity Act—Agree- filing deadline for second-degree amendments to S. ment: A unanimous-consent-time agreement was 3414, be at 10 a.m., on Thursday, August 2, 2012. reached providing that at a time to be determined Page S5900 by the Majority Leader, after consultation with the Messages from the House: Pages S5866–67 Republican Leader, Senate proceed to the consider- Measures Referred: Page S5867 ation of S. 3326, to amend the African Growth and Opportunity Act to extend the third-country fabric Executive Communications: Pages S5867–70 program and to add South Sudan to the list of coun- Additional Cosponsors: Pages S5871–72

VerDate Mar 15 2010 06:42 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AU2.REC D01AUPT1 smartinez on DSK6TPTVN1PROD with DIGEST D806 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 2012 Statements on Introduced Bills/Resolutions: ities, Austin, Texas; and Linda Couch, National Low Pages S5872–84 Income Housing Coalition, Washington, D.C. Additional Statements: Pages S5865–66 MARKETPLACE FAIRNESS Amendments Submitted: Pages S5884–93 Committee on Commerce, Science, and Transportation: Notices of Hearings/Meetings: Page S5893 Committee concluded a hearing to examine market- place fairness, focusing on leveling the playing field Authorities for Committees to Meet: for small businesses, after receiving testimony from Pages S5893–94 Senators Durbin, Enzi, and Alexander; Paul Misener, Privileges of the Floor: Page S5894 Amazon.com, Seattle, Washington; Steven Bercu, Adjournment: Senate convened at 9:30 a.m. and BookPeople, Austin, Texas; Scott Peterson, Stream- adjourned at 8:05 p.m., until 9:30 a.m. on Thurs- lined Sales Tax Governing Board, Nashville, Ten- day, August 2, 2012. (For Senate’s program, see the nessee; and Steve DelBianco, NetChoice, Wash- remarks of the Majority Leader in today’s Record on ington, D.C. page S5900.) CLIMATE CHANGE SCIENCE Committee on Environment and Public Works: Com- Committee Meetings mittee concluded a hearing to examine an update on the latest climate change science and local adaptation (Committees not listed did not meet) measures, after receiving testimony from John R. Griffin, Maryland Department of Natural Resources FUTURES MARKETS Secretary, Annapolis; Christopher B. Field, Carnegie Committee on Agriculture, Nutrition, and Forestry: Com- Institution for Science Department of Global Ecol- mittee concluded a hearing to examine futures mar- ogy, Stanford, California; John R. Christy, University kets, focusing on responding to MF Global and Per- of Alabama Earth System Science Center, Huntsville; egrine Financial Group, after receiving testimony James J. McCarthy, Harvard University, Cambridge, from Gary Gensler, Chairman, and Jill E. Sommers, Massachusetts; Margo Thorning, American Council Commissioner, both of the Commodity Futures for Capital Formation, Washington, D.C.; and Jona- Trading Commission; James W. Giddens, Trustee than Fielding, Los Angeles County Health Depart- for the Securities Investor Protection Act Liquidation ment, Los Angeles, California, on behalf of the Na- of MF Global Inc., New York, New York; Ira tional Association of County and City Health Offi- Bodenstein, Trustee for the Chapter 7 Bankruptcy cials. Estate of Peregrine Financial Group, Inc., Terrence TAXATION OF BUSINESS ENTITIES A. Duffy, CME Group Inc., Daniel J. Roth, Na- tional Futures Association, and John L. Roe, Com- Committee on Finance: Committee concluded a hearing modity Customer Coalition, all of Chicago, Illinois; to examine the taxation of business entities, focusing Walter L. Lukken, Futures Industry Association, on tax reform, after receiving testimony from Har- Washington, D.C.; and Diana Klemme, Grain Serv- rison LeFrak, The LeFrak Organization, and Dana L. ice Corporation, Atlanta, Georgia, on behalf of the Trier, Columbia University Law School, both of New National Grain and Feed Association. York, New York; Alvin C. Warren, Harvard Law School, Cambridge, Massachusetts; and Fred C. de RENTAL HOUSING ASSISTANCE PROGRAMS Hosson, Baker and McKenzie, Amsterdam, The Netherlands. Committee on Banking, Housing, and Urban Affairs: Subcommittee on Housing, Transportation and NEXT STEPS IN SYRIA Community Development concluded a hearing to ex- Committee on Foreign Relations: Committee concluded amine streamlining and strengthening Housing and a hearing to examine the next steps in Syria, after Urban Development’s rental housing assistance pro- receiving testimony from Martin Indyk, Brookings grams, after receiving testimony from Keith Kinard, Institution, James Dobbins, The RAND Corpora- Newark Housing Authority, Newark, New Jersey, tion, and Andrew J. Tabler, Washington Institute on behalf of the Council of Large Public Housing for Near East Policy, all of Washington, D.C. Authorities; Dianne Hovdestad, Sioux Falls Housing and Redevelopment Commission, Sioux Falls, South EUROZONE Dakota, on behalf of the National Association of Committee on Foreign Relations: Subcommittee on Eu- Housing and Redevelopment Officials; Howard ropean Affairs concluded a hearing to examine the Husock, Manhattan Institute, New York, New York; future of the eurozone, focusing on the outlook and Will Fischer, Center on Budget and Policy Prior- lessons, after receiving testimony from Frances G.

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Burwell, Atlantic Council, and Nicolas Veron, Peter- restricting budgets and crime prevention options, son Institute for International Economics, both of after receiving testimony from Edward F. Davis, Washington, D.C.; and Simon Johnson, Massachu- Boston Police Commissioner, Boston, Massachusetts; setts Institute of Technology Sloan School of Man- Jeffrey Leigh Sedgwick, Keswick Advisors, LLC, agement, Cambridge. Richmond, Virginia; and Brett Tolman, Ray RISING PRISON COSTS Quinney & Nebeker, Salt Lake City, Utah. Committee on the Judiciary: Committee concluded a hearing to examine rising prison costs, focusing on h House of Representatives Committee Resignation: Read a letter from Rep- Chamber Action resentative Guinta, wherein he resigned from the Public Bills and Resolutions Introduced: 28 pub- Committee on Transportation and Infrastructure. lic bills, H.R. 6244–6271; and 5 resolutions, H.Res. Page H5538 750–754 were introduced. Pages H5628–29 Committee Resignation: Read a letter from Rep- Additional Cosponsors: Page H5630 resentative Guinta, wherein he resigned from the Reports Filed: Reports were filed today as follows: Committee on the Budget. Page H5538 In the Matter of Allegations Relating to Rep- Committee Resignation: Read a letter from Rep- resentative Laura Richardson (H. Rept. 112–642); resentative Guinta, wherein he resigned from the H.R. 3158, to direct the Administrator of the En- Committee on Oversight and Government Reform. vironmental Protection Agency to change the Spill Page H5538 Prevention, Control, and Countermeasure rule with Committee Election: The House agreed to H. Res. respect to certain farms (H. Rept. 112–643); and 751, electing a Member to a certain standing com- H. Res. 752, providing for consideration of the mittee of the House of Representatives. Page H5538 bill (H.R. 6233) to make supplemental agricultural Directing the Clerk of the House of Representa- disaster assistance available for fiscal year 2012 with tives to make a correction in the enrollment of the costs of such assistance offset by changes to cer- H.R. 1627: The House agreed by unanimous consent tain conservation programs, and for other purposes to S. Con. Res. 55, directing the Clerk of the House (H. Rept. 112–644). Page H5628 of Representatives to make a correction in the enroll- Speaker: Read a letter from the Speaker wherein he ment of H.R. 1627. Page H5552 appointed Representative Webster to act as Speaker Authorizing the use of the rotunda of the Cap- pro tempore for today. Page H5527 itol for the presentation of the Congressional Member Resignation: Read a letter from Rep- Gold Medal to Daw Aung San Suu Kyi: The resentative Geoff Davis, wherein he resigned as Rep- House agreed to discharge and agree to H. Con. Res. resentative for the Fourth Congressional District of 135, to authorize the use of the rotunda of the Cap- Kentucky, effective at close of business on July 31, itol for the presentation of the Congressional Gold Medal to Daw Aung San Suu Kyi, in recognition of 2012. Page H5527 her leadership and perseverance in the struggle for Whole Number of the House: The Speaker an- freedom and democracy in Burma. Page H5552 nounced to the House that, in light of the resigna- Meeting Hour: Agreed that when the House ad- tion of the gentleman from Kentucky, Mr. Davis, journs today, it adjourn to meet at 9 a.m. tomorrow, Page H5527 the whole number of the House is 431. August 2nd. Page H5552 Recess: The House recessed at 11:11 a.m. and re- Suspensions: The House agreed to suspend the rules convened at 12 noon. Pages H5534–35 and pass the following measures: Chaplain: The prayer was offered by the guest chap- Providing for the concurrence by the House in lain, Reverend Michael Catt, Sherwood Baptist the Senate amendment to H.R. 1905, with an Church, Albany, Georgia. Page H5535 amendment: H. Res. 750, to provide for the concur- rence by the House in the Senate amendment to

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H.R. 1905, with an amendment, by a 2⁄3 yea-and- tions to report the same back to the House forthwith nay vote of 421 yeas to 6 nays, Roll No. 546; with an amendment, by a recorded vote of 181 ayes Pages H5552–78, H5597–98 to 246 noes, Roll No. 544. Pages H5594–97 Resolving Environmental and Grid Reliability Rejected: Conflicts Act of 2012: H.R. 4273, amended, to clar- Levin amendment in the nature of a substitute ify that compliance with an emergency order under (printed in part B of H. Rept. 112–641) that sought section 202(c) of the Federal Power Act may not be to extend for one year certain expired or expiring tax considered a violation of any Federal, State, or local provisions that apply to middle-income taxpayers environmental law or regulation; Pages H5602–04 with income below $250,000 for married couples fil- Residential and Commuter Toll Fairness Act: ing jointly, and below $200,000 for single filers, in- H.R. 897, to provide authority and sanction for the cluding, but not limited to, marginal rate reduc- granting and issuance of programs for residential and tions, capital gains and dividend rate preferences, al- commuter toll, user fee and fare discounts by States, ternative minimum tax relief, marriage penalty re- municipalities, other localities, and all related agen- lief, and expanded tax relief for working families cies and departments; Pages H5604–06 with children and college students (by a yea-and-nay Mille Lacs Lake Freedom To Fish Act of 2012: vote of 170 yeas to 257 nays, Roll No. 543). H.R. 5797, amended, to amend title 46, United Pages H5588–94 States Code, with respect to Mille Lacs Lake, Min- H. Res. 747, the rule providing for consideration nesota; Pages H5606–08 of the bills (H.R. 6169) and (H.R. 8), was agreed to by a recorded vote of 240 ayes to 184 noes, Roll Agreed to amend the title so as to read: ‘‘To ex- No. 542. Pages H5538–52 empt the owners and operators of vessels operating on Mille Lacs Lake, Minnesota, from certain Federal Agreed to the Scott (SC) amendment to the rule by a recorded vote of 238 ayes to 186 noes, Roll No. requirements.’’ Page H5608 541, after agreeing to order the previous question by Farmers Undertake Environmental Land Stew- a yea-and-nay vote of 240 yeas to 183 nays, Roll ardship Act: H.R. 3158, amended, to direct the Ad- No. 540. Pages H5549–51 ministrator of the Environmental Protection Agency to change the Spill Prevention, Control, and Coun- Suspensions—Proceedings Resumed: The House termeasure rule with respect to certain farms; agreed to suspend the rules and pass the following Pages H5608–09 measures which were debated yesterday, July 31st: Marine Debris Act Amendments of 2012: H.R. Amending title 5, United States Code, to make 1171, amended, to reauthorize and amend the Ma- clear that accounts in the Thrift Savings Fund are rine Debris Research, Prevention, and Reduction subject to certain Federal tax levies: H.R. 4365, Act; Pages H5609–12 amended, to amend title 5, United States Code, to make clear that accounts in the Thrift Savings Fund RESPA Home Warranty Clarification Act: H.R. 2 2446, amended, to clarify the treatment of home- are subject to certain Federal tax levies, by a ⁄3 yea- owner warranties under current law; Pages H5612–13 and-nay vote of 414 yeas to 6 nays with 1 answering ‘‘present’’, Roll No. 547; Page H5598 March of Dimes Commemorative Coin Act: H.R. 3187, amended, to require the Secretary of the Government Charge Card Abuse Prevention Treasury to mint coins in recognition and celebra- Act: S. 300, amended, to prevent abuse of Govern- tion of the 75th anniversary of the establishment of ment charge cards; Page H5599 the March of Dimes Foundation; and Pages H5613–16 Authorizing the Secretary of Agriculture to ac- Pro Football Hall of Fame Commemorative Coin cept the quitclaim, disclaimer, and relinquishment Act: H.R. 4104, amended, to require the Secretary of a railroad right of way within and adjacent to of the Treasury to mint coins in recognition and Pike National Forest in El Paso County, Colorado: celebration of the Pro Football Hall of Fame. H.R. 4073, amended, to authorize the Secretary of Pages H5616–18 Agriculture to accept the quitclaim, disclaimer, and Job Protection and Recession Prevention Act of relinquishment of a railroad right of way within and 2012: The House passed H.R. 8, to extend certain adjacent to Pike National Forest in El Paso County, tax relief provisions enacted in 2001 and 2003, by Colorado, originally granted to the Mt. Manitou a recorded vote of 256 ayes to 171 noes, Roll No. Park and Incline Railway Company pursuant to the Act of March 3, 1875; Page H5599 545. Pages H5538–52, H5578–97 Rejected the DeFazio motion to recommit the bill Creating the Office of Chief Financial Officer of to the Committee on Ways and Means with instruc- the Government of the Virgin Islands: H.R. 3706,

VerDate Mar 15 2010 06:42 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AU2.REC D01AUPT1 smartinez on DSK6TPTVN1PROD with DIGEST August 1, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D809 amended, to create the Office of Chief Financial Of- Suspension—Proceedings Postponed: The House ficer of the Government of the Virgin Islands; debated the following measure under suspension of Page H5618 the rules. Further proceedings were postponed: La Pine Land Conveyance Act: S. 270, to direct Expressing the sense of Congress regarding ac- the Secretary of the Interior to convey certain Federal tions to preserve and advance the multistakeholder land to Deschutes County, Oregon; Page H5618 governance model under which the Internet has Wallowa Forest Service Compound Conveyance thrived: H. Con. Res. 127, to express the sense of Act: S. 271, to require the Secretary of Agriculture Congress regarding actions to preserve and advance to enter into a property conveyance with the city of the multistakeholder governance model under which the Internet has thrived. Pages H5599–H5602 Wallowa, Oregon; Page H5618 Adam Walsh Reauthorization Act of 2012: Providing for the use of National Infantry Mu- H.R. seum and Soldier Center Commemorative Coin 3796, amended, to reauthorize certain programs es- surcharges: The House agreed by unanimous con- tablished by the Adam Walsh Child Protection and sent to pass S. 3363, to provide for the use of Na- Safety Act of 2006; Pages H5618–19 tional Infantry Museum and Soldier Center Com- Enacting title 54, United States Code, ‘‘Na- memorative Coin surcharges. Page H5613 tional Park System’’, as positive law: H.R. 1950, Senate Message: Message received from the Senate amended, to enact title 54, United States Code, today appears on page H5552. ‘‘National Park System’’, as positive law; Page H5619 Senate Referral: S. Con. Res. 55 was held at the Student Visa Reform Act: H.R. 3120, amended, desk. Page H5552 to amend the Immigration and Nationality Act to require accreditation of certain educational institu- Quorum Calls—Votes: Four yea-and-nay votes and tions for purposes of a nonimmigrant student visa; four recorded votes developed during the proceedings Page H5619 of today and appear on pages H5550, H5550–51, H5551–52, H5594, H5596–97, H5597, H5597–98, Foreign and Economic Espionage Penalty En- and H5598. There were no quorum calls. hancement Act of 2012: H.R. 6029, amended, to amend title 18, United States Code, to provide for Adjournment: The House met at 10 a.m. and ad- increased penalties for foreign and economic espio- journed at 10 p.m. nage; Page H5619 Child Protection Act of 2012: H.R. 6063, to Committee Meetings amend title 18, United States Code, with respect to child pornography and child exploitation offenses; FINAL REPORT OF THE WILLIAM H. Page H5619 WEBSTER COMMISSION ON THE FBI, COUNTERTERRORISM INTELLIGENCE, AND STOP Identity Theft Act of 2012: H.R. 4362, to THE EVENTS AT FORT HOOD, TEXAS ON provide effective criminal prosecutions for certain NOVEMBER 5, 2009 identity thefts; Page H5619 Committee on Appropriations: Subcommittee on Com- Edward Byrne Memorial Justice Assistance merce, Justice, Science, and Related Agencies held a Grant Program Reauthorization Act of 2012: H.R. hearing on the Final Report of the William H. 6062, to reauthorize the Edward Byrne Memorial Webster Commission on the FBI, Counterterrorism Justice Assistance Grant Program through fiscal year Intelligence, and the Events at Fort Hood, Texas on 2017; and Page H5619 November 5, 2009. Testimony was heard from Mark Federal Law Enforcement Recruitment and Re- F. Giuliano, Executive Assistant Director, National tention Act: H.R. 1550, amended, to establish pro- Security Branch, and Federal Bureau of Investigation. grams in the Department of Justice and in the De- partment of Homeland Security to help States that SEQUESTRATION IMPLEMENTATION have high rates of homicide and other violent crime. OPTIONS AND THE EFFECTS ON Page H5619 NATIONAL DEFENSE: ADMINISTRATION Agreed to amend the title so as to read: ‘‘To es- PERSPECTIVES tablish a program in the Department of Justice to Committee on Armed Services: Full Committee held a improve recruitment, assignment, and retention of hearing on Sequestration Implementation Options Federal law enforcement officers in States, territories, and the Effects on National Defense: Administration and jurisdictions that have a high rate of homicide Perspectives. Testimony was heard from Jeffrey or other violent crime.’’. Page H5619 Zients, Acting Director, Office of Management and

VerDate Mar 15 2010 06:42 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AU2.REC D01AUPT1 smartinez on DSK6TPTVN1PROD with DIGEST D810 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 2012 Budget; and Ashton Carter, Deputy Secretary of De- SEEKING FREEDOM FOR AMERICAN fense, Department of Defense. TRAPPED IN BOLIVIAN PRISON UNITED STATES PACIFIC COMMAND AREA Committee on Foreign Affairs: Subcommittee on Africa, OF RESPONSIBILITY Global Health, and Human Rights held a hearing entitled ‘‘Seeking Freedom for American Trapped in Committee on Armed Services: Subcommittee on Readi- Bolivian Prison’’. Testimony was heard from public ness held a hearing on United States Pacific Com- witnesses. mand area of responsibility. Testimony was heard from Robert Scher, Deputy Assistant Secretary of BREACH OF TRUST: ADDRESSING Defense for Plans, Department of Defense; David F. MISCONDUCT AMONG TSA SCREENERS Helvey, Acting Deputy Assistant Secretary of De- Committee on Homeland Security: Subcommittee on fense for East Asia, Department of Defense; and pub- Transportation Security held a hearing entitled lic witnesses. ‘‘Breach of Trust: Addressing Misconduct Among TSA Screeners’’. Testimony was heard from John NONPROLIFERATION AND DISARMAMENT: Halinski, Deputy Administrator, Transportation Se- WHAT’S THE CONNECTION AND WHAT curity Administration, Department of Homeland Se- DOES THAT MEAN FOR U.S. SECURITY curity. AND OBAMA ADMINISTRATION POLICY MISCELLANEOUS MEASURE Committee on Armed Services: Subcommittee on Stra- tegic Forces held a hearing on Nonproliferation and Committee on Homeland Security: Subcommittee on Disarmament: What’s the Connection and What Oversight, Investigations, and Management held a Does that Mean for U.S. Security and Obama Ad- markup of H.R. 5913, the ‘‘DHS Accountability Act ministration Policy. Testimony was heard from pub- of 2012’’. H.R. 5913 was forwarded, as amended. lic witnesses. MISCELLANEOUS MEASURES MISCELLANEOUS MEASURES Committee on the Judiciary: Full Committee held a Committee on Energy and Commerce: Full Committee markup of the following: H.R. 6215, to amend the completed markup of H.R. 6213, the ‘‘No More Trademark Act of 1946 to correct an error in the Solyndras Act’’; H.R. 6190, the ‘‘Asthma Inhalers provisions relating to remedies for dilution; H.R. Relief Act of 2012’’; H.R. 6194, the ‘‘U.S. Agricul- 6189, the ‘‘Reporting Efficiency Improvement Act’’; tural Sector Relief Act of 2012’’; S. 710, the ‘‘Haz- H.R. 4305, the ‘‘Child and Elderly Missing Alert ardous Waste Electronic Manifest Establishment Program’’; H.R. 6185, to improve security at State Act’’; and H.R. 6131, a bill to extend the Under- and local courthouses; H.R. 2800, the ‘‘Missing Alz- taking Spam, Spyware, and Fraud Enforcement With heimer’s Disease Patient Alert Program Reauthoriza- Enforcers Beyond Border Act of 2006’’. The fol- tion of 2011’’; H.R. 1775, the ‘‘Stolen Valor Act of lowing were ordered reported, without amendment: 2011’’; and S. 285, for the relief of Sopuruchi S. 710; H.R. 6131; H.R. 6194; and H.R. 6190. The Chukwueke. The following were ordered reported, following was ordered reported, as amended: H.R. without amendment: H.R. 6215; H.R. 6189; H.R. 6213. 6185; and S. 285. The following were ordered re- ported, as amended: H.R. 4305; H.R. 1775; and MISCELLANEOUS MEASURE H.R. 2800. Committee on Financial Services: Full Committee held LEGISLATIVE MEASURE a markup of resolutions appointing Majority mem- Committee on the Judiciary: Subcommittee on Intellec- bers to subcommittees. The resolutions were agreed tual Property, Competition and the Internet, hearing to. on H.R. 3889, the ‘‘Promoting Automotive Repair, MISCELLANEOUS MEASURES Trade, and Sales Act’’ (‘‘PARTS Act’’). Testimony was heard from public witnesses. Committee on Financial Services: Subcommittee on Cap- ital Markets and Government Sponsored Enterprises MISCELLANEOUS MEASURES held a markup of the following: H.R. 2827, to Committee on Natural Resources: Full Committee held amend the Securities Exchange Act of 1934 to clar- a meeting to consider motion to authorize issuance ify provisions relating to the regulation of municipal of subpoenas; and markup of the following measures: advisors, and for other purposes; and H.R. 6161, the H.R. 2706, the ‘‘Billfish Conservation Act of 2011’’; ’’Fostering Innovation Act’’. H.R. 2827 was for- H.R. 3319, to allow the Pascua Yaqui Tribe to de- warded, as amended; and H.R. 6161 was forwarded termine the requirements for membership in that without amendment. tribe; H.R. 4194, to amend the Alaska Native

VerDate Mar 15 2010 06:42 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AU2.REC D01AUPT1 smartinez on DSK6TPTVN1PROD with DIGEST August 1, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D811 Claims Settlement Act to provide that Alexander EMERGING COMMERCIAL SUBORBITAL Creek, Alaska, is and shall be recognized as an eligi- REUSABLE LAUNCH VEHICLE MARKET ble Native village under that Act, and for other pur- Committee on Science, Space, and Technology: Sub- poses; H.R. 5319, the ‘‘Nashua River Wild and Sce- committee on Space and Aeronautics held a hearing nic River Study Act’’; H.R. 5544, the ‘‘Minnesota entitled ‘‘The Emerging Commercial Suborbital Re- Education Investment and Employment Act’’; H.R. usable Launch Vehicle Market’’. Testimony was 6007, the ‘‘North Texas Zebra Mussel Barrier Act of heard from public witnesses. 2012’’; H.R. 6060, the ‘‘Endangered Fish Recovery Programs Extension Act of 2012’’; and H.R. 6089, KNOW BEFORE YOU REGULATE: THE the ‘‘Healthy Forest Management Act of 2012’’. The IMPACT OF CFPB REGULATIONS ON SMALL motion to authorize issuance of subpoenas was ap- BUSINESS proved. The following were forwarded, as amended: Committee on Small Business: Full Committee held a H.R. 2706; H.R. 3319; H.R. 5319; and H.R. 6089. hearing entitled ‘‘Know Before You Regulate: The The following were forwarded, without amendment: Impact of CFPB Regulations on Small Business’’. H.R. 4194; H.R. 6007; H.R. 6060; and H.R. 6089. Testimony was heard from Richard Cordray, Direc- OVERSIGHT OF INVESTIGATION tor, Consumer Financial Protection Bureau. MANAGEMENT IN THE OFFICE OF THE GSA: A REVIEW OF AGENCY DHS IG MISMANAGEMENT AND WASTEFUL Committee on Oversight and Government Reform: Sub- SPENDING—PART 2 committee on Government Organization, Efficiency Committee on Transportation and Infrastructure: Full and Financial Management held a hearing entitled Committee held a hearing entitled ‘‘GSA: A Review ‘‘Unresolved Internal Investigations at DHS: Over- of Agency Mismanagement and Wasteful Spend- sight of Investigation Management in the Office of ing—Part 2’’. Testimony was heard from Brian Mil- the DHS IG’’. Testimony was heard from Charles ler, Inspector General, General Services Administra- Edwards, Acting Inspector General, Department of tion; and Cynthia Metzler, Chief Administrative Homeland Security, Office of Inspector General; Services Officer, General Services Administration. David Aguilar, Acting Commissioner, U.S. Customs and Border Protection; and Daniel Ragsdale, Acting MISCELLANEOUS MEASURE Deputy Director, U.S. Immigration and Customs Committee on Transportation and Infrastructure : Full Enforcement. Committee held a markup of the following: H.R. AGRICULTURAL DISASTER ASSISTANCE 2541, the ‘‘Silviculture Regulatory Consistency Act’’; ACT OF 2012 H.R. 4278, the ‘‘Preserving Rural Resources Act of 2012’’; H.R. 5806, the ‘‘Outreach to People With Committee on Rules: Full Committee held a hearing on Disabilities During Emergencies Act’’; and H.R. H.R. 6233, the ‘‘Agricultural Disaster Assistance 5961, the ‘‘Farmer’s Privacy Act of 2012’’. The fol- Act of 2012’’. The Committee, granted by voice lowing were ordered reported, as amended: H.R. vote, a closed rule providing one hour of debate 2541; H.R. 5806; and H.R. 5961. The following equally divided and controlled by the chair and was ordered reported, without amendment H.R. ranking minority member of the Committee on Ag- 4278. riculture. The rule waives all points of order against consideration of the bill. The rule provides that the REMOVING SOCIAL SECURITY NUMBERS bill shall be considered as read. The rule waives all FROM MEDICARE CARDS points of order against provisions in the bill. Finally, Committee on Ways and Means: Subcommittee on So- the rule provides one motion to recommit. Testi- cial Security and Subcommittee on Health, held a mony was heard from Representative Lucas. hearing on Removing Social Security Numbers from RELATIONSHIP BETWEEN BUSINESS AND Medicare Cards. Testimony was heard from Tony RESEARCH UNIVERSITIES: Trenkle, Chief Information Officer and Director, Of- COLLABORATIONS FUELING AMERICAN fice of Information Services, Centers for Medicare INNOVATION AND JOB CREATION and Medicaid Services, Department of Health and Committee on Science, Space, and Technology: Sub- Human Services, State of Maryland; and Kathleen committee on Research and Science Education held King, Director, Health Care, Government Account- a hearing entitled ‘‘The Relationship Between Busi- ability Office. ness and Research Universities: Collaborations Fuel- ing American Innovation and Job Creation’’. Testi- Joint Meetings mony was heard from public witnesses. No joint committee meetings were held.

VerDate Mar 15 2010 06:42 Aug 02, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D01AU2.REC D01AUPT1 smartinez on DSK6TPTVN1PROD with DIGEST D812 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 2012 NEW PUBLIC LAWS House (For last listing of Public Laws, see DAILY DIGEST, p. D791) Committee on Armed Services, Subcommittee on Oversight H.R. 205, to amend the Act titled ‘‘An Act to and Investigations, hearing on Afghan National Security authorize the leasing of restricted Indian lands for Forces: Afghan Corruption and the Development of an Effective Fighting Force, 3 p.m., 2118 Rayburn. public, religious, educational, recreational, residen- Committee on Energy and Commerce, Subcommittee on En- tial, business, and other purposes requiring the grant ergy and Power, hearing entitled ‘‘The American Energy of long-term leases’’, approved August 9, 1955, to Initiative’’, 9 a.m., 2123 Rayburn. provide for Indian tribes to enter into certain leases Subcommittee on Commerce, Manufacturing, and without prior express approval from the Secretary of Trade, hearing entitled ‘‘Oversight of the Consumer the Interior. Signed on July 30, 2012. (Public Law Product Safety Commission’’, 9:30 a.m., 2322 Rayburn. 112–151) Committee on Financial Services, Subcommittee on Do- mestic Monetary Policy and Technology, hearing entitled f ‘‘Sound Money: Parallel Currencies and the Roadmap to Monetary Freedom’’, 10 a.m., 2128 Rayburn. COMMITTEE MEETINGS FOR THURSDAY, Committee on Foreign Affairs, Subcommittee on Ter- AUGUST 2, 2012 rorism, Nonproliferation, and Trade, hearing entitled (Committee meetings are open unless otherwise indicated) ‘‘The State Department’s Center for Strategic Counterter- rorism Communications: Mission, Operations, and Im- Senate pact’’, 2 p.m., 2172 Rayburn. Committee on the Judiciary, Subcommittee on the Con- Committee on Appropriations: business meeting to markup stitution, hearing on H.R. 997, the ‘‘English Language proposed budget estimates for fiscal year 2013 for the Unity Act of 2011’’, 10:30 a.m., 2141 Rayburn. Department of Defense and the Legislative Branch, 10:30 Committee on Natural Resources, Full Committee, hearing a.m., SD–106. entitled ‘‘Oversight of the Actions, Independence and Ac- Committee on Banking, Housing, and Urban Affairs: Sub- countability of the Acting Inspector General of the De- committee on Securities, Insurance and Investment, to partment of the Interior’’, 10 a.m., 1324 Longworth. hold hearings to examine the tri-party repo market, fo- Subcommittee on National Park, Forests and Public cusing on the remaining challenges, 9 a.m., SD–538. Lands, hearing entitled ‘‘Concession Contract Issues for Committee on Finance: business meeting to consider an Outfitters, Guides and Smaller Concessions’’, 2 p.m., original bill entitled, ‘‘The Family and Business Tax Cut 1334 Longworth. Certainty Act of 2012’’, 10 a.m., SD–215. Subcommittee on Indian and Alaska Native Affairs, Committee on the Judiciary: business meeting to consider hearing entitled ‘‘Indian lands: exploring resolutions to S. 225, to permit the disclosure of certain information for disputes concerning Indian tribes, state and local govern- the purpose of missing child investigations, S.J. Res. 44, ments, and private landowners over land use and develop- granting the consent of Congress to the State and Prov- ment’’, 2 p.m., 1324 Longworth. ince Emergency Management Assistance Memorandum of Committee on Oversight and Government Reform, Full Com- Understanding, S. 645, to amend the National Child Pro- mittee, hearing entitled ‘‘IRS: Enforcing ObamaCare’s tection Act of 1993 to establish a permanent background New Rules and Taxes’’, 9 a.m., 2154 Rayburn. check system, and the nominations of Thomas M. Committee on Transportation and Infrastructure, Full Com- Durkin, to be United States District Judge for the mittee, hearing entitled ‘‘A Review of Amtrak Oper- Northern District of Illinois, and Jon S. Tigar, and Wil- ations, Part I: Mismanagement of Food and Beverage liam H. Orrick, III, of the District of Columbia, both to Services’’, 10 a.m., 2167 Rayburn. be a United States District Judge for the Northern Dis- Committee on Veterans’ Affairs, Subcommittee on Eco- trict of California, 10 a.m., SD–226. nomic Opportunity; and Subcommittee on Oversight and Select Committee on Intelligence: to hold closed hearings to Investigations, joint hearing entitled ‘‘Odyssey of the examine certain intelligence matters, 2:30 p.m., SH–219. CVE’’, 2 p.m., 334 Cannon.

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Re´sume´ of Congressional Activity

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

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through July 31, 2012 January 3 through July 31, 2012

Senate House Total Civilian nominations, totaling 352 (including 188 nominations carried Days in session ...... 98 99 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 646 hrs., 3 541 hrs., 14 .. Confirmed ...... 176 Congressional Record: Unconfirmed ...... 160 Pages of proceedings ...... 5,803 5,526 . . Withdrawn ...... 16 Extensions of Remarks ...... 1,368 . . Public bills enacted into law ...... 14 47 61 Other Civilian Nominations, totaling 3764 (including 167 nomina- Private bills enacted into law ...... tions carried over from the First Session), disposed of as follows: Bills in conference ...... Confirmed ...... 1,130 Measures passed, total ...... 233 252 . . Unconfirmed ...... 2,631 Senate bills ...... 33 17 . . Withdrawn ...... 3 House bills ...... 50 162 . . Senate joint resolutions ...... Air Force nominations, totaling 5,574 (including 295 nominations House joint resolutions ...... 1 . . carried over from the First Session), disposed of as follows: Senate concurrent resolutions ...... 7 5 . . Confirmed ...... 2,129 House concurrent resolutions ...... 11 12 . . Unconfirmed ...... 3,624 Simple resolutions ...... 132 55 . . Withdrawn ...... 1 Measures reported, total ...... *140 *253 393 Senate bills ...... 100 10 . . Army nominations, totaling 4,422 (including 16 nominations carried House bills ...... 24 202 . . over from the First Session), disposed of as follows: Senate joint resolutions ...... Confirmed ...... 4,411 House joint resolutions ...... Unconfirmed ...... 10 Senate concurrent resolutions ...... Withdrawn ...... 1 House concurrent resolutions ...... 2 . . Simple resolutions ...... 16 39 . . Navy nominations, totaling 1,818 (including 1 nominations carried Special reports ...... 5 25 . . over from the First Session), disposed of as follows: Conference reports ...... 3 3 . . Confirmed ...... 1,816 Measures pending on calendar ...... 345 95 . . Unconfirmed ...... 2 Measures introduced, total ...... 1,652 2,781 4,433 Bills ...... 1,433 2,481 .. Marine Corps nominations, totaling 1310, disposed of as follows: Joint resolutions ...... 15 19 . . Confirmed ...... 1,310 Concurrent resolutions ...... 21 40 . . Simple resolutions ...... 183 241 . . Summary Quorum calls ...... 1 . . Yea-and-nay votes ...... 186 169 . . Total nominations carried over from the First Session ...... 667 Recorded votes ...... **368 . . Total nominations received this Session ...... 16,753 Bills vetoed ...... Total confirmed ...... 10,972 Vetoes overridden ...... Total unconfirmed ...... 6,427 Total withdrawn ...... 21 * These figures include all measures reported, even if there was no accom- panying report. A total of 92 written reports have been filed in the Senate, 281 reports have been filed in the House. ** Proceedings on Roll Call No. 327 were vacated by unanimous consent.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, August 2 9 a.m., Thursday, August 2

Senate Chamber House Chamber Program for Thursday: The Majority Leader will be Program for Thursday: Consideration of H.R. 6169— recognized. At approximately 9:30 a.m., Senate will Pathway to Job Creation through a Simpler, Fairer Tax begin consideration of S. 3326, African Growth and Op- Code Act of 2012 (Subject to a Rule) and consideration portunity Act. At 11 a.m., Senate will vote on the mo- of H.R. 6233—Agricultural Disaster Assistance Act of tion to invoke cloture on S. 3414, Cybersecurity Act, and 2012 (Subject to a Rule). on or in relation to the Coburn amendment to S. 3326. The filing deadline for second-degree amendments to S. 3414, Cybersecurity Act, will be at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Denham, Jeff, Calif., E1377, E1385 Moore, Gwen, Wisc., E1378 Eshoo, Anna G., Calif., E1376 Pence, Mike, Ind., E1379 Ackerman, Gary L., N.Y., E1384 Farr, Sam, Calif., E1369, E1384, E1386 Pierluisi, Pedro R., Puerto Rico, E1379 Andrews, Robert E., N.J., E1380 Fleming, John, La., E1383 Pingree, Chellie, Me., E1382 Barletta, Lou, Pa., E1380 Gingrey, Phil, Ga., E1372 Quigley, Mike, Ill., E1378 Barton, Joe, Tex., E1384 Goodlatte, Bob, Va., E1377 Berkley, Shelley, Nev., E1383 Hahn, Janice, Calif., E1381, E1386 Rangel, Charles B., N.Y., E1374 Bishop, Sanford D., Jr., Ga., E1383 Hanna, Richard L., N.Y., E1378 Richardson, Laura, Calif., E1369, E1384 Blumenauer, Earl, Ore., E1382 Hirono, Mazie K., Hawaii, E1386 Rigell, E. Scott, Va., E1376, E1379 Bordallo, Madeleine Z., Guam, E1380 Johnson, Timothy V., Ill., E1384 Roe, David P., Tenn., E1383 Calvert, Ken, Calif., E1375 Jordan, Jim, Ohio, E1381 Runyan, Jon, N.J., E1378 Capito, Shelley Moore, W.Va., E1380 Kucinich, Dennis J., Ohio, E1369, E1372, E1373, E1375, Austin, David, Ga., E1381 Cardoza, Dennis A., Calif., E1375 E1379 Sessions, Pete, Tex., E1381 Carnahan, Russ, Mo., E1376 Langevin, James R., R.I., E1374 Sutton, Betty, Ohio, E1383 Clyburn, James E., S.C., E1378 Lungren, Daniel E., Calif., E1381 Visclosky, Peter J., Ind., E1376 Critz, Mark S., Pa., E1372 Maloney, Carolyn B., N.Y., E1381 Cuellar, Henry, Tex., E1377 Marchant, Kenny, Tex., E1373, E1377 Walden, Greg, Ore., E1387 Davis, Danny K., Ill., E1369 Michaud, Michael H., Me., E1374 Wasserman Schultz, Debbie, Fla., E1383

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