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

Vol. 157 WASHINGTON, THURSDAY, NOVEMBER 17, 2011 No. 176 House of Representatives The House met at 10 a.m. and was She served as the State board of edu- tuous battles over issues such as fund- called to order by the Speaker pro tem- cation’s vice president for 10 years and ing levels in schools, teacher testing, pore (Mr. POE of Texas). presided over meetings in the absence accountability standards for schools, f of the Governor. Dr. Ethel Hall retired and academic standards for students. 10 months ago after serving on the Ala- In making these tough decisions, she DESIGNATION OF SPEAKER PRO bama State Board of Education for 24 also remained principled, putting Ala- TEMPORE years. bama’s children first. The SPEAKER pro tempore laid be- Dr. Ethel Hall was born to Harry and Dr. Ethel Hall wrote about her long fore the House the following commu- Fannie Mae Harris on February 23, career in education in a recently pub- nication from the Speaker: 1928. The Harris family lived in Morgan lished autobiography, ‘‘My Journey: A County, Alabama, and due to the lim- WASHINGTON, DC, Memoir of the first African American November 17, 2011. ited educational opportunities in their to Preside Over the Alabama Board of I hereby appoint the Honorable TED POE to area, they sent their daughter to live Education.’’ act as Speaker pro tempore on this day. with her grandparents in Jefferson I rise today to remember Dr. Ethel JOHN A. BOEHNER, County so she could attend school in Hall on the floor of the United States Speaker of the House of Representatives. north Birmingham. Congress as a trailblazing Alabamian, a f She attended Parker High School in gifted teacher, and a strong advocate Birmingham until she moved back for the education of our Nation’s chil- MORNING-HOUR DEBATE home with her parents to attend Coun- dren. The SPEAKER pro tempore. Pursu- cil Training School, a laboratory high Dr. Hall was a mentor to so many school of Alabama A&M. She graduated ant to the order of the House of Janu- educators throughout the State of Ala- valedictorian of her high school class ary 5, 2011, the Chair will now recog- bama and this Nation, including my and then attended Alabama A&M Uni- nize Members from lists submitted by own mother, Mrs. Nancy Gardner Se- versity, where she graduated with a the majority and minority leaders for well. Through her numerous mentoring Bachelor of Science degree cum laude morning-hour debate. relationships, Dr. Hall encouraged The Chair will alternate recognition in 1948. Dr. Ethel Hall went on to obtain teachers to use their talents to posi- between the parties, with each party master’s degrees from the University of tively affect the lives of the students limited to 1 hour and each Member Chicago and Atlanta University. She they taught. Not only did she lead by other than the majority and minority taught in the Hale County, Jefferson example; she also trained and mentored leaders and the minority whip limited County, and Birmingham city school the next generation of educational to 5 minutes each, but in no event shall systems, and later became the first Af- leaders. debate continue beyond 11:50 a.m. rican American faculty member of the Indeed, my generation owes pioneers f University of Montevallo. Dr. Ethel like Dr. Hall a debt of gratitude. Dr. Hall continued to further her education Ethel Hall sowed the seeds for the op- HONORING THE LIFE OF DR. portunities that now flourish for so ETHEL HARRIS HALL by attending the University of Ala- bama where she earned a Doctorate of many. I know that I stand on the The SPEAKER pro tempore. The Social Work in 1979. She later taught shoulders of many great giants like Dr. Chair recognizes the gentlewoman from in the School of Social Work at the Ethel Hall. Alabama (Ms. SEWELL) for 5 minutes. University of Alabama. On election night, November 2, 2010, Ms. SEWELL. Mr. Speaker, I rise After decades of teaching, Dr. Ethel several trailblazing Alabama women today to honor the life and legacy of Hall entered politics, and she was made the trip to Selma, Alabama, to be Dr. Ethel Harris Hall, who passed away elected the first African American there when I was elected. I will never last Saturday at the age of 83. Dr. member of the Alabama State Board of forget that Dr. Ethel Hall was one of Ethel Hall was one of Alabama’s pre- Education on January 19, 1987. She them. Her presence meant so much to mier educators and one of our Nation’s went on to serve six terms before be- me, more than she will ever know. It strongest advocates for children. She coming vice chair in 1994. Dr. Ethel was her light that guided the path that was the first African American to serve Hall served on the State board of edu- led me to become Alabama’s first Afri- on the Alabama State Board of Edu- cation for 24 years and was named vice can American Congresswoman. cation, and she was the first African president emerita. Dr. Ethel Hall was the epitome of a American and the longest-serving vice Dr. Hall served on the State board of servant leader. She led by example and chairman of the board of education. education during many of its tumul- was motivated by a driving passion

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 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.000 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7718 CONGRESSIONAL RECORD — HOUSE November 17, 2011 that all children deserve a quality edu- equipment leasing company. However, he championed will continue. His leg- cation. Mel’s dedication to his country did not acy will forever be a part of Missouri Dr. Hall was preceded in death by her end with his military service. As a through the Hancock amendment and husband of 55 years, Mr. Alfred Hall. businessman and a voter, Mel was his service to his constituents. Mel She is survived by two children, Donna upset with the way things were being meant the world to me, and I will con- and Alfred, and a host of family and done in the State of Missouri and tinue to champion the ideas that he friends who will miss her dearly. Washington, DC. In 1977, Mel founded dedicated his life fighting for. Today, I ask my colleagues in the the Taxpayer Survival Association—I f United States House of Representatives can still see the bumper sticker today CREATE JOBS AND REDUCE THE to join me in celebrating the life and with a lifesaver on it, like you’d throw DEFICIT THROUGH LARGE-SCALE legacy of this extraordinary Alabam- off of a boat or a ship—a not-for-profit INFRASTRUCTURE INVESTMENTS ian. Let Dr. Hall’s life stand as a testa- organization dedicated to advancing a ment to the courage and strength of constitutional amendment to limit The SPEAKER pro tempore. The one individual’s ability to shape the taxes. He was a one-man show. He Chair recognizes the gentleman from lives of so many. We should be renewed would go around Missouri getting sig- New York (Mr. HIGGINS) for 5 minutes. by her love of learning and recommit natures. You might see him up in Kan- Mr. HIGGINS. Mr. Speaker, we are ourselves to providing the resources sas City standing in a parking lot in approaching the deadline for the super- that our Nation’s greatest advocate— front of a mall in a rainstorm getting committee to propose a debt reduction its children—need. I ask that we all people to sign his tax-and-spending plan. Most economists are in agree- pay tribute and homage to Dr. Ethel amendment petition to put on the bal- ment on what we need to do: in the Hall. lot. long term, reduce the debt by at least f Through his hard work, the ‘‘Han- $4 trillion over 10 years through a mix cock amendment’’ was added to the of added revenue and reduced spending. HONORING FORMER Missouri Constitution in 1980. Mel used And in the short term, make imme- CONGRESSMAN MEL HANCOCK its passage to continue his advocacy diate investments to create jobs and to The SPEAKER pro tempore. The for responsible government and for the reduce unemployment. Chair recognizes the gentleman from rights of individuals to be free from I encourage the supercommittee not Missouri (Mr. LONG) for 5 minutes. overburdensome government. to ignore the second of those priorities Mr. LONG. Mr. Speaker, there once Mel’s convictions took him to Con- because now is the perfect time to cre- was a man named Mel, and when he gress in 1988 where he represented ate jobs by making large-scale invest- stepped to this microphone, he’d give southwest Missouri for 8 years. I al- ments in American infrastructure. ’em Mel. ways called Mel the reluctant Con- Since World War II, every economic I rise today to recognize a former gressman. He didn’t want to be a Con- contraction was followed by a period of Member of this body and a friend and gressman; he didn’t want to come to economic expansion; but although mentor, Congressman Mel Hancock. He Washington, DC, but he was just pulled economists tell us the recession has would sign all of his letters or emails, in that direction by people who said: ended, we have had no economic expan- whatever he’d sign, with the same Mel, you’ve got to go. You’ve got to do sion. Unemployment remains at 9 per- thing: ‘‘Yours for better but less gov- it. cent, and economic growth is projected ernment.’’ That’s what Mel believed. to be moderate at best. The reason our When Senator Jim Talent first came b 1010 economy is taking so long to recover is to this body, he asked Mel to help him I am honored to now occupy that because this recession was more severe vote. He said: Mel, can you show me same Congressional seat, Missouri 7. than any since the Great Depression, how to use the voting machine here? During his time in Congress, from something that seemingly few in gov- Mel said: Sure, Jim, come over here. 1988 to 1996, Mel worked at the House ernment, finance, or academia realized You see, if you want to vote ‘‘no,’’ you Ways and Means Committee to advance at the time. push the red button. And if you have a the cause of liberty. He also cham- Because of the historic severity of conflict, you can’t vote on an issue, pioned a balanced budget amendment, this recession, American households, you push the yellow button for ‘‘P’’ for his signature issue, and I’m proud to local and State governments—even Eu- ‘‘present.’’ And he turned and walked say we’re going to vote on a balanced ropean governments—find themselves off. budget amendment this week. in debt like never before. Con- Senator Talent said: Hey, Mel, what’s Mel retired from Congress in 1996. He sequently, consumer demand is and the green button? didn’t retire because he couldn’t win will be depressed while households and Mel turned around and said: I don’t another election, but because he had governments reduce spending. And know, never used it. promised the people of southwest Mis- when demand falls, businesses don’t Mel died peacefully in his home in souri that he would not serve more hire. It is that simple. his sleep on November 6 in Springfield, than four terms in office. With Mel, a Some believe this period of decreased Missouri. Mel was a champion of lim- promise made was a promise kept, demand will last 5 to 7 years. A policy ited government. Mel knew that our something that Washington would do of fiscal austerity will make matters Founding Fathers understood the cor- well to learn today. And I am honored only worse. We only have to look back rupting influence of power on the to now occupy that same congressional at the United States in 1937, Japan in human character, which is why they seat, Missouri 7. the 1990s, and Europe last year and this championed personal freedom, the idea Now, over 30 years since the passage year to understand that when con- that a government by the people and of the Hancock amendment, our cur- sumers are not spending, the worst for the people should preserve liberty rent budget problems reveal just how thing a government can do is stop for future generations. Like our Found- right Mel was. We would not have a $15 spending itself. ers, Mel was a wise man, a good man, trillion debt or massive runaway gov- The New America Foundation report who worked tirelessly to defend peo- ernment spending if we had a Hancock makes the case that investing $1.2 tril- ple’s liberty. Mel was a true Ozarkian. amendment on a national level. lion over the next 5 years in rebuilding He was born in Cape Fair, Missouri, Mel was much beloved by his many our infrastructure will create 22 mil- in 1936. He graduated from college and neighbors, friends, and family in Mis- lion jobs—22 million jobs over a 5-year enlisted in the Air Force in 1951 where souri’s Seventh District and was one of period. That is more than the 22 mil- he would serve in active duty until my mentors. Our thoughts and prayers lion jobs that were created under Presi- 1953. Following active duty, Mel stayed are with his wife, Sug, whom Mel al- dent Clinton. And the job creation of in the Air Force Reserves until 1965 ways referred to as the Boss, his sons, the 1990s raised so much revenue that where he attained the rank of first Lee and Kim, and his daughter, Lu our Federal budget reached record sur- lieutenant. Ann, and their families. plus. Times were so good that we were After military service, Mel went into Mel will be missed, but the legacy debating, at that time, the implica- business, co-founding a security system that he has created and the ideas that tions of repaying the entirety of the

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.002 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7719 Nation’s debt. The lesson is that the Gonzalez, who visited with her mother POVERTY AND UNEMPLOYMENT IN greatest debt-and-deficit reduction tool and her family. You see, Sienna’s AMERICA is job creation. That is why the super- mother is a victim of pancreatic can- The SPEAKER pro tempore. The committee must include significant job cer; and Sienna is on a mission, along Chair recognizes the gentlewoman from creation components in its rec- with many of her friends, to help peo- California (Ms. LEE) for 5 minutes. ommendations. ple fight to find a cure for pancreatic Let me add, Mr. Speaker, that our in- cancer. Ms. LEE of California. Mr. Speaker, I rise again to really beat the drum frastructure is sorely in need of mas- She took a lead by urging so many of sive investment. Our roads, bridges, about the ongoing crisis of poverty and her friends and colleagues in her class- unemployment in America. airports, energy grid, and water infra- room, and I hold in my hand just one of On November 6, the Associated Press structure are all in horrible condition. the volumes of hundreds upon hundreds reported that we have crossed a ter- The World Economic Forum ranks of letters that came and were so mov- rible threshold. More job seekers now America 23rd in infrastructure quality. ing. The American Society of Civil Engi- in America have run out of unemploy- The facts speak for themselves: 43,000 neers gives our infrastructure a D ment benefits than are receiving them. Americans will be diagnosed with pan- grade. Transportation for America re- Simply put, the majority of Americans creatic cancer; 36,000 will die just this ports that there are 63,000 structurally who are struggling to find a job are no year; and the life expectancy after an- deficient bridges in our country—in- longer getting unemployment benefits. nouncement of that is about 3 to 6 cluding 99 in my community in western We need to extend unemployment months. I think the words are better New York. The Chamber of Commerce benefits and we need to do it now, not said, however, by some of the students. has said that unless we repair our in- just for those who are about to run out, frastructure, we will suffer $336 billion People are losing a lot of friends and but for the millions of Americans in lost growth over the next 5 years. family, writes Aly, because of this hor- whose benefits ran out a long time To my colleagues who believe that rible, horrifying disease. We are trying ago—the millions who ran out of time we can’t afford to make investments at to help. Did you know that this disease to establish their careers, the millions this time, I say we can’t afford not to. is one of the few cancers for which sur- who ran out of time to safeguard their Delaying the repair or replacement of vival has not improved substantially? families’ futures, and the millions who infrastructure by just 2 years can in- In over 40 years, survival rates have ran out of time to ignite the fires of crease the cost of doing those repairs not changed. The average life span the American Dream. by a factor of five. after diagnosis is 3 to 6 months. Please Congressman BOBBY SCOTT and I have I also note that we just spent $62 bil- use more of your research money to a bill, H.R. 589, which will give millions lion nation-building in Iraq and $73 bil- help these people if you can. Thank of families just a little more time to lion nation-building in Afghanistan. you. find a good job, to make a secure home, There was no objection then to bor- That’s just one of the hundreds of and would provide a bridge over trou- rowing to finance that nation-building, letters. bled waters while our Nation and the nor should there be objection now when I want to express my deep apprecia- economy recovers. we’re proposing to do nation-building tion of Dr. Timothy Quinn, the super- Extending benefits for the 99ers is right here at home. intendent of the Methacton School Dis- the right thing to do for millions of And given the current economic con- trict; Mrs. Melissa Gora, the principal; Americans who were laid off through ditions, financing American infrastruc- but, mostly, the hundreds and hundreds no fault of their own. They watched as ture projects will never be cheaper. In- of students who have taken the time to corporations took over their govern- terest rates are extremely low, the cost ensure that their voices are heard. As ment and ran the economy into the of labor and materials are low due to they said: pancreatic cancer: know it, ground. They watched as the banks lack of demand, and the equipment is fight it, end it. raided the Nation’s treasury and lined cheap because it is idle. Repairing and Thank you for your role in making their pockets with massive bonuses expanding our infrastructure is work sure that my colleagues understand the while millions of Americans lost their that we need to do to stay globally importance of this great challenge and jobs. They watched as our Nation’s fu- competitive, and it will never be cheap- the opportunity that we have to fight ture was traded away for needless wars er to do it than it is today. Quite sim- for those with pancreatic cancer. and tax cuts for billionaires. ply, there is much work to be done, and Mr. Speaker, the American people a lot of Americans need to do work. are sick and tired. They don’t want to Now is the best time to do that. b 1020 watch anymore. They don’t want to Mr. Speaker, a large scale, $1.2 tril- FIRST TROOP PHILADELPHIA CITY CAVALRY’S wait anymore. They have run out of lion, 5-year investment in infrastruc- 237TH ANNIVERSARY time. ture would create 27 million American jobs that cannot be shipped overseas. It Mr. MEEHAN. Mr. Speaker, I rise to Nearly 50 million Americans are al- will reduce unemployment, it will re- honor the First Troop Philadelphia ready living in poverty, struggling to duce the deficit and, in the end, we will City Cavalry on the occasion of their feed their families and keep a roof over have an infrastructure our country 237th anniversary. This volunteer cav- their heads. Countless millions more needs and our country deserves. alry troop was the first of its kind or- are living on the edge. They are des- ganized in the defense of our country perately trying to stay one step ahead f during the American Revolution. of disaster, living from paycheck to PANCREATIC CANCER RESEARCH Through those hard-fought years is paycheck and waiting for the other AND EDUCATION ACT where the original members forged shoe to drop. The SPEAKER pro tempore. The concepts of service and a body of tradi- The American people really have run Chair recognizes the gentleman from tion which is kept alive today by its out of patience. They don’t want to Pennsylvania (Mr. MEEHAN) for 5 min- current members. hear that the most powerful nation in utes. The First Troop Cavalry is a private the world is broke. They don’t believe Mr. MEEHAN. Mr. Speaker, I rise military organization whose member- it when they are told that we can’t af- today in support of H.R. 733, the Pan- ship is comprised of members of the ford Medicare or Medicaid or Social Se- creatic Cancer Research Education Pennsylvania Army National Guard curity or unemployment benefits when Act. Oftentimes, we talk about num- who serve with A Troop 1st Squadron, we are spending $1 trillion on wars bers, Mr. Speaker, but often there’s the 104th Cavalry in the 28th Infantry Divi- halfway around the world. They don’t occasion to actually talk to the people sion. Many of their members have want to hear empty promises from Re- who are behind the bills. One of the served overseas, including Afghanistan publicans in Congress about taking re- most moving experiences I have had is and Iraq. Their service to our country sponsibility to ensure that the poor in to have had a visit to my office by a is immeasurable, and we should all be America have ‘‘food in their stomachs young woman by the name of Sienna extremely thankful. and they have a roof over their head,’’

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.004 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7720 CONGRESSIONAL RECORD — HOUSE November 17, 2011 even while they pass bills that slash af- Congress is expected to decide by year’s eligible. Only those who have lost a job fordable housing programs and cut nu- end whether to continue providing emer- through no fault of their own qualify. trition funding for women and chil- gency unemployment benefits for up to 99 The proportion of the unemployed receiv- ing benefits usually falls below 50 percent dren, a program which is very impor- weeks in the hardest-hit states. If the emer- gency benefits expire, the proportion of the during an economic recovery. Many have ei- tant. unemployed receiving aid would fall further. ther quit jobs or are new to the job market Americans know that the rich should The ranks of the poor would also rise. The and don’t qualify. pay their fair share and that working Census Bureau says unemployment benefits Today, the proportion is falling for a very men and women of America deserve kept 3.2 million people from slipping into different reason: Jobs remain scarce. So more. They don’t want this generation poverty last year. It defines poverty as an- more of the unemployed are exhausting their to be the first generation of Americans nual income below $22,314 for a family of benefits. who won’t do better than the last one. four. Federal Reserve Chairman Ben Bernanke has noted that the long-term unemployed in- Americans want to move ahead, and Yet for a growing share of the unemployed, a vote in Congress to extend the benefits to creasingly find it hard to find work as their they want those who have benefited 99 weeks is irrelevant. They’ve had no job for skills and professional networks erode. In a the most from our economy to pay more than 99 weeks. They’re no longer eligi- speech last month, Bernanke called long- what they owe to the 99 percent of the ble for benefits. term unemployment a ‘‘national crisis’’ that American people who are the real en- Their options include food stamps or other should be a top priority for Congress. gines of our economy and the heart of social programs. Nearly 46 million people re- Lawmakers will have to decide whether to our democracy. The generation that is ceived food stamps in August, a record total. continue the extended benefits by the end of marching in the streets right now is That figure could grow as more people lose this year. If the program ends, nearly 2.2 unemployment benefits. million people will be cut off by February. asking what went wrong in the pursuit So could the government’s disability rolls. Congress has extended the program nine of the American Dream. Applications for the disability insurance pro- times. But it might balk at the $45 billion So let’s pass H.R. 589 and give Ameri- gram have jumped about 50 percent since cost. It will be the first time the Republican- cans a little more time to land that job 2007. led House will vote on the issue. that gets their family back on their ‘‘There’s going to be increased hardship,’’ f feet. You know, when you run out of said Wayne Vroman, an economist at the unemployment benefits after 99 weeks, Urban Institute. BRING OUR TROOPS HOME that’s it. That’s it. So we must extend The number of unemployed has been The SPEAKER pro tempore. The roughly stable this year. Yet the number re- Chair recognizes the gentleman from unemployment benefits, but we also ceiving benefits has plunged 30 percent. need to extend, as our bill says, at Government unemployment benefits North Carolina (Mr. JONES) for 5 min- least an additional 14 weeks so that weren’t designed to sustain people for long utes. those who have hit the 99-week wall stretches without work. They usually don’t Mr. JONES. Mr. Speaker, thank you have some form of survival until we have to. In the recoveries from the previous very much. can figure out a way to create jobs. three recessions, the longest average dura- I again will keep coming to the floor So we must pass the American Jobs tion of unemployment was 21 weeks, in July twice a week when we’re in session to 1983. talk about bringing our troops out of Act to reinvest in the future of this By contrast, in the wake of the Great Re- country and build up our roads and cession, the figure reached 41 weeks in Sep- Afghanistan. Bin Laden is dead, and we bridges, repair our sewer lines, and tember. That’s the longest on records dating need to start thinking about, as the build 21st century schools for all of our to 1948. The figure is now 39 weeks. lady said before me, let’s think about students. ‘‘It was a good safety net for a shorter re- what America needs and not what Af- Let’s put America back on track cession,’’ said Carl Van Horn, an economist ghanistan needs. And that brings me to with American jobs, American manu- at Rutgers University. It assumes ‘‘the econ- this point of the talk I want to give facturing, American ingenuity, and omy will experience short interruptions and today, Mr. Speaker. then go back to normal.’’ On February 16, 2011, then-Secretary American leadership toward a brighter Weekly unemployment checks average tomorrow for all Americans. about $300 nationwide. If the extended bene- of Defense Gates testified before the We must build these ladders of oppor- fits aren’t renewed, growth could slow by up House Armed Services Committee, tunity. We have to remove these bar- to a half-percentage point next year, econo- which I serve on, and I’d like to read riers and obstacles. And let me tell mists say. his comments: you, not having a job is a huge barrier The Congressional Budget Office has esti- ‘‘By the end of this calendar year, we and a huge obstacle to reigniting the mated that each $1 spent on unemployment expect less than 100,000 troops to be de- American Dream. benefits generates up to $1.90 in economic ployed in both of the major post-9/11 And so we must extend unemploy- growth. The CB0 has found that the program combat theaters, virtually all of those is the most effective government policy for ment benefits, but we must not forget increasing growth among 11 options it’s ana- forces being in Afghanistan. That is that there are those who have had 99 lyzed. why we believe that, beginning in fiscal weeks who are no longer even eligible Jon Polis lives in East Greenwich, R.I., one year 2015’’—and that’s important, Mr. for unemployment benefits. And as the of the 20 states where 99 weeks of benefits Speaker. ‘‘That is why we believe that, AP article says, we now have over 2 are available. He used them all up after los- beginning in fiscal year 2015, the million people who won’t even be eligi- ing his job as a warehouse worker in 2008. His United States can, with minimal risk, ble for unemployment compensation. benefits paid for groceries, car maintenance begin reducing Army active duty end That’s 2.2 million people that won’t and health insurance. Now, Polis, 55, receives disability insur- strength by 27,000 and the Marine Corps even be eligible even if we extend un- ance payments, food stamps and lives in gov- by somewhere between 15,000 and 20,000. employment benefits. ernment-subsidized housing. He’s been un- These projections assume that the So let’s work to try to figure out how able to find work because employers in his number of troops in Afghanistan would to, one, create jobs, but to provide field want computer skills he doesn’t have. be significantly reduced by the end of some safety net for those who really do ‘‘Employers are crying that they can’t find 2014, in accordance with the President’s want to work. And people want to qualified help,’’ he said. But the ones he strategy.’’ work. interviewed with ‘‘weren’t willing to train Mr. Speaker, I read that because I anybody.’’ [From the Associated Press, Nov. 6, 2011] From late 2007, when the recession began, read the same statement to the new MOST UNEMPLOYED AMERICANS ARE NO to early 2010, the number of people receiving Secretary of Defense, Mr. Panetta, LONGER RECEIVING UNEMPLOYMENT BENEFITS unemployment benefits rose more than four- whom I have great respect for, and I WASHINGTON, DC.—The jobs crisis has left fold, to 11.5 million. asked him, Do you have the authority so many people out of work for so long that But the economy has remained so weak to change those timelines? He said no, most of America’s unemployed are no longer that an analysis of long-term unemployment because this is what the President has receiving unemployment benefits. data suggests that about 2 million people agreed to. Early last year, 75 percent were receiving have used up 99 weeks of checks and still Well, Mr. President, I’m calling on checks. The figure is now 48 percent—a shift can’t find work. that points to a growing crisis of long-term Contributing to the smaller share of the you to reconsider. Because beside me is unemployment. Nearly one-third of Amer- unemployed who are receiving benefits: a poster, and beside that poster is a ica’s 14 million unemployed have had no job Some of them are college graduates or others flag-draped coffin coming off of a plane for a year or more. seeking jobs for the first time. They aren’t at Dover. And the headlines in the

VerDate Mar 15 2010 06:15 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.006 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7721 Greensboro paper said, ‘‘Get Out.’’ It is both parties, to bring our troops home We can wring huge savings out of the time to bring our troops home. They’ve before 2014. system by fundamentally changing done everything they’ve been asked to Mr. Speaker, I close by asking God to how we think and how we deal with na- do. please bless our men and women in uni- tional security. For pennies on the dol- And that reminds me, a few weeks form, ask God to please bless the fami- lar we can keep America safe by imple- ago, I went to Walter Reed at Be- lies of our men and women in uniform. menting a smarter security policy, by thesda—it’s the new consolidated mili- I ask God, in His loving arms, to hold supporting a civilian surge over a mili- tary hospital here in Washington—and the families who’ve given a child dying tary surge. I saw four marines from my district, for freedom in Afghanistan and Iraq. I My SMART Security platform, which Camp Lejeune. Three of the four had ask God to bless the House and Senate is H. Res. 19, would make war a very lost both legs. The one that had not that we will do what is right in the last resort and adopt a different pos- lost both legs was a lance corporal who eyes of God for His people, and I ask ture toward the rest of the world. It’s asked me, with his mom in the room, God to give wisdom, strength, and not isolationism. When I say I want to Congressman, why are we still in Af- courage to President Obama that he bring our troops home from Iraq and ghanistan? And I looked into the young will do what is right in the eyes of God Afghanistan, I’m not saying we aban- man’s face and I said, I don’t know why for His people. don those countries. I’m saying we we’re still there. You all have won And three times I ask, God please, must engage them in a different way. many, many battles, and it’s time to God please, God please continue to That means investing in their people bring you home. And the only thing he bless America. and their capacity to lead lives free of said, Mr. Speaker, was, Thank you. Let’s bring our troops home. deprivation and despair. That brings me to a letter that I re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So instead of weapons systems, let’s ceived from a retired marine down in The SPEAKER pro tempore. Mem- invest more on development in human- my district about a year ago. He said, bers are reminded to address their re- itarian aid, more on maternal health ‘‘I am writing this letter to express my marks to the Chair and not to a per- programs, more on mosquito nets to concern over the current Afghanistan ceived audience. prevent malaria, more on education, war. I am a retired marine officer with health care, microlending, et cetera, et 31-plus years of active duty.’’ f cetera. Let me go down in the letter because SMART SECURITY: PROTECTING You know what would promote our there is another point I want to make. AMERICA BY RELYING ON THE national security, Mr. Speaker, like ‘‘Our senior military leaders in Af- VERY BEST OF AMERICAN VAL- nothing else is a genuine, well-funded ghanistan continue to say that we are UES commitment to eradicating poverty making progress, but at what cost to The SPEAKER pro tempore (Mr. and malnutrition in the developing our country? This war is costing the world. Instead of invasions and occupa- REED). The Chair recognizes the gentle- United States billions of dollars a tions, SMART Security emphasizes di- woman from California (Ms. WOOLSEY) month to wage and we still continue to for 5 minutes. plomacy. It emphasizes the civilian get more young Americans killed. The Ms. WOOLSEY. Mr. Speaker, every surge, multilateralism, and peaceful Afghanistan war has no end state for one of us in this Congress believes that conflict resolution. It also calls for more investment in us. I urge you to make contact with all keeping the Nation safe, as well as pro- energy independence, nuclear non- the current and newly elected men and viding benefits to our veterans as proliferation, democracy promotion, women in Congress and ask them to promised, is our very top priority. It’s and civil society programs abroad. end this war and bring our young men a question, however, of just how do we and women home.’’ Isn’t that a better way to combat ter- do that. And a decade of war and mili- rorism than sending 100,000 troops to a 1030 b tary occupation is not the best way. part of the world known for widespread Whenever spending cuts are on the ‘‘If any of my comments will assist anti-American sentiment? you in this effort, you are welcome to agenda, as they are right now with the We must stop equating national secu- use them and my name.’’ supercommittee racing to meet its rity with armed aggression because Mr. Speaker, I don’t know why we deadline, military and defense pro- that’s how we ended up with out-of- are—we’ve got this debt crisis facing grams continue to get a pass. Why control Pentagon budgets and an ever our country, and yet we’ve got a cor- should the Pentagon get a blank check more dangerous world. In fact, Mr. rupt leader in Afghanistan named while safety-net programs have to look Speaker, military force has been prov- Karzai that one day likes America, and for ‘‘change in the couch cushions’’ to en to oftentimes undermine our secu- the next day he hates America; and we keep their programs going? rity instead of enhancing it. send him $10 billion a month, and it’s It’s time for the Pentagon to share in SMART Security protects America borrowed money from the Chinese. the sacrifice, especially since it’s been because it relies on the very best of And yet we’re going to say to the so generously funded over the years, a American values, moral leadership, American people we’re going to cut the 50 percent increase in the DOD budget compassion, our commitment to peace programs for little children; we’re over the last decade, bigger in real dol- and freedom. It costs pennies on the going to cut the programs for senior lars today than it was at the height of dollar. It is efficient and fiscally re- citizens. But Mr. Karzai, you’ll get the Cold War. sponsible. your $10 billion. Ending the war in Afghanistan would So let’s bring our troops home, cut And that brings me toward the end of save at least $10 billion a month—actu- the Pentagon budget, and implement my comments, Mr. Speaker. I con- ally, it’s more like 12 now—to say SMART Security now. Then we can tacted a marine general who’s been a nothing of the lives we would save and have real cost savings in the United very dear friend of mine for a number the injuries that would be avoided. States. of years, and he sends me questions to But I think we should go further in And, Mr. Speaker, that’s just the way ask in committees to the Secretary of cutting the base Pentagon budget. Just it is. to give a few examples, I’m a longtime Defense and others who might be testi- f fying. advocate of eliminating the V–22 Os- But something that has always stuck prey aircraft. It’s a program that, if we PFC CODY NORRIS—TEXAS with me is what he closes this email eliminated it, would save $10 billion, SOLDIER with—and I have many emails—‘‘What and it’s a program that is notorious for The SPEAKER pro tempore. The do we say to the mother and father or cost overruns and for huge safety con- Chair recognizes the gentleman from the wife of the last marine killed to cerns. Texas (Mr. POE) for 5 minutes. support a corrupt government and a And we can dramatically reduce the Mr. POE of Texas. Mr. Speaker, half- corrupt leader in a war that cannot be Nation’s nuclear arsenal. Why do we way around the world, in the desert of won?’’ need—I ask you this—why do we need the sun and the valley of the gun, the That is the question. And I hope the 5,000 warheads when just one is enough American warrior stands fighting the American people will call on Congress, to destroy life on Earth? forces of the enemy.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.007 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7722 CONGRESSIONAL RECORD — HOUSE November 17, 2011 But one such soldier returns from keep us all free, even if it means death, over the past decade, the number of battle to America with a flag-draped so that every American can live their adoptions has remained unchanged. coffin. He is Cody Norris, Army private dreams out as well.’’ Youth often wait years in foster care first class, a machine gunner in the in- Cody loved what he did. He loved his before finding a permanent family fantry, just 20 years old, barely an country. He was selfless, and he was an through adoption. During their time in adult, but still an all-American man. American patriot. foster care, children are moved from For the Norris family in La Porte, For his service in the United States home to home, changing schools, losing Texas, Cody was a son and a little Army, Cody has been awarded the friends, coping with separation from brother. He died in a gun battle last Army Commendation Medal, the Na- siblings, and wondering if they will week in Afghanistan for our country. tional Defense Service Medal, the Af- ever have anyone to call Mom or Dad He was the 38th warrior in my area of ghanistan Campaign Medal with two again. Texas to give his life for his country. campaign stars, and the NATO Medal What’s worse is that nearly 28,000 Cody grew up in La Porte. He grad- and the Combat Infantry Medal. youth age out of foster care each year uated from La Porte High School just Cody Norris was a part of the rare never having been adopted, often going last year, but he quickly volunteered breed, the American breed—soldiers through life alone without the support for the United States Army in October. who take care of the rest of us and systems children with permanent fami- In high school, Cody loved to restore watch for the evildoers who would lies have, not to mention sharing holi- old military trucks. He restored a 1952 bring us harm. They prove their com- day traditions or a family meal. Dodge M–37 Army truck and drove it to mitment to America by giving their As the cochair of both the Congres- school. He was a member of the Junior lives for this Nation. sional Coalition on Adoption and the ROTC Color Guard at La Porte High General George Patton said of the Foster Youth Caucus, I look forward to School. But this year, his former class- fallen soldiers, ‘‘Let us not only mourn continuing to work in a bipartisan mates and peers in the Color Guard for the men who have died fighting, but fashion to identify solutions to im- honored his life. let us be grateful to God that such men prove the quality of life for our Na- He was assigned to the 2nd Battalion, ever lived.’’ tion’s most vulnerable children. 34th Armor Regiment, 1st Heavy Bri- Mr. Speaker, we are grateful to Pri- National Adoption Day reminds us gade Combat Team, 1st Infantry Divi- vate First Class Cody Norris and that that it is our responsibility and in our sion at Fort Riley, Kansas, before de- he lived. He was a Texan, a soldier, an best interest to find solutions to ensure ploying to Afghanistan. It was his first American Warrior. children have the opportunity to live deployment in Afghanistan. And that’s just the way it is. in a safe and loving home. Nearly 48 October 1 marked his 1-year anniver- f million Americans have considered sary in the United States Army. Cody adopting from foster care, according to NATIONAL ADOPTION DAY was killed in Kandahar province last a recent national survey. If just one in week on November 9 when the enemy The SPEAKER pro tempore. The 500 of these adults adopt, all the 107,000 forces attacked his unit with small- Chair recognizes the gentlewoman from children in foster care waiting for arms fire. California (Ms. BASS) for 5 minutes. adoption would have permanent fami- Kandahar province in Afghanistan Ms. BASS of California. Mr. Speaker, lies to help create Thanksgiving tradi- has been called the birthplace and fa- I rise today in recognition of the 12th tions of their own. natical home of the notorious Taliban. Annual National Adoption Day this In closing, in this spirit of giving It is a dangerous part of the world. I’ve Friday, November 18. As we prepare for thanks, I’d like to express sincere grat- been to Afghanistan several times, and Thanksgiving festivities with loved itude to all of the adoptive parents, rel- the sun is unbearable in the summer ones, many of us take for granted our ative caregivers, and child welfare and the cold is brutally piercing in the opportunity to spend time with family caseworkers. Their commitment to im- winter. And our soldiers fight on, and friends. But for thousands of foster proving the lives of today’s youth is undeterred, tenaciously focused. youth around the country, celebrating truly commendable. They go to battle in a land seemingly a holiday with a permanent family re- f cursed by God. Our military in Afghan- mains out of reach. BALANCED BUDGET AMENDMENT istan go where others fear to tread and In the United States today there are the timid are not found. more than 400,000 children in foster The SPEAKER pro tempore. The When I spoke to Cody’s mother, Te- care, some waiting years to be adopted Chair recognizes the gentlewoman from resa Denise Norris, she told me Cody by a permanent, loving family. Al- Missouri (Mrs. HARTZLER) for 5 min- marched to the beat of his own drum. though the number of youth without a utes. He didn’t care what others thought of home seems discouraging, there is Mrs. HARTZLER. Washington has a him; he did what he thought was right. hope. problem. It spends more than it brings She said Cody was proud to be a sol- This week, in recognition of National in, and it has been doing that for a long ider and that their family believes in Adoption Day, an unprecedented num- time. That’s why we are over $15 tril- the red, white and blue; and they all ber of courts in 400 communities lion in debt. That’s over $46,000 of debt love this country. That pride is carried throughout the country will open their for every American man, woman, and through in Cody’s older brother, Mi- doors to finalize the adoption of thou- child. Washington is currently bor- chael Norris. He’s a cadet in his last sands of children from the foster care rowing 36 cents out of every dollar it year at the United States Military system. spends, and under President Obama, Academy at West Point. National Adoption Day is a nation- our national debt has increased 34 per- wide effort to raise awareness of chil- cent. That’s the fastest increase in the b 1040 dren in foster care who are eligible and debt under any U.S. President in his- The Norris family is a soldier’s fam- waiting for adoption, as well as to cele- tory. ily. Cody’s Facebook page is filled with brate families that have been chosen to Our government is digging a hole it heartfelt messages from his friends, make a lasting difference in the life of might never get out of. We don’t have classmates, and fellow soldiers. It is a child through adoption or relative- the money, yet Big Government hasn’t evident how much he made people based care. been able to restrain itself and keeps laugh in his very young life. Since 2000, more than 35,000 children putting more and more of its spending Cody wrote on his Facebook in the have been adopted through National on a credit card—our children’s credit ‘‘About Me’’ section, ‘‘I’m in the Army Adoption Day activities. This year, card. and I am an infantryman. I love what I nearly 5,000 adoptions will be finalized. Our national debt-to-GDP ratio ri- do as my job and my dream in life, and In California alone, my home State, 500 vals that of countries like Ireland, Por- no one can take that away from me. I youth will be adopted through these tugal, and Greece, which are facing am trained by the best, and I will be special events. sovereign debt crises. Soon our Na- the best I can. Wanna do all I can for While the number of children in fos- tion’s Federal debt will equal our GDP. the ones I love and my country—to ter care has significantly decreased It is a losing proposition. It’s like

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.009 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7723 someone’s total credit card debt equal- ening their belts at home to make ends cation. She taught in the Houston ling the total amount of income that meet. Our Federal Government needs Independent School District. they bring in each year. to do likewise. Mind you, this is a person who And so what do people do? If they do President Ronald Reagan understood dropped out of high school, who re- that at home, unfortunately a lot of the importance of the balanced budget ceived a GED, who went on to get an people go and get another credit card amendment. He said, ‘‘Only a constitu- associate’s degree, who got her degree and they borrow money from that to tional amendment will do the job. in education, and now she’s teaching in pay the minimum on the first credit We’ve tried the carrot, and it failed. the Houston Independent School Dis- card. But then they have to go and get With the stick of a balanced budget trict. another credit card to pay the min- amendment, we can stop government She was known as ‘‘Grandma Davis’’ imum on that one to pay the minimum squandering, overtaxing ways, and save to her students. Her son Ruben became on that one. It doesn’t work. It spirals our economy.’’ a constable in Harris County. He is down and down until finally it ends in still a constable, but is now in Fort b 1050 bankruptcy. It’s unsustainable. Bend County. Her children have done Most American families understand That’s why I am excited about this well. that. They live within their means. historic vote that we’re going to take She played by the rules. She did not Washington should, too. tomorrow, and I urge all of my col- receive all of the awards that one I grew up watching my mom and my leagues, Republicans and Democrats, might receive who has excelled and dad wrestle with balancing the budget to get behind this commonsense provi- made a great contribution by way of an on our family farm. They would sit sion that will set us back on the path invention or maybe made a great con- down around the kitchen table at the to a strong financial footing. Now is tribution of having been elected to pub- start of the year and develop a cash the time to stop the reckless course lic office, but she did do this—she was flow projection for the upcoming year that we are on and get things right. I a good citizen who did the right thing: listing the expenses that would be nec- look forward to applying the cash-flow took care of her family and produced essary to put in the crops and pro- knowledge I learned around the kitch- offspring who have done well. jecting the anticipated yields and en table as a child to our Federal budg- So, today, I salute her as an unsung prices to see how we were going to fare et. It worked at home. It’s time to heroine. Thank God for the many un- sung heroes and heroines who are at and to ensure that we didn’t go over make it work in Washington. the very foundation of what makes this budget. f Then my parents would monitor it Nation great. God bless you. REFLECTIONS OF A LIFE God bless the United States of Amer- throughout the year to see how it was ica, and God bless our unsung heroes doing. My mother would spend hours The SPEAKER pro tempore. The and heroines. with her pencil erasing and adjusting Chair recognizes the gentleman from the budget as conditions changed ei- Texas (Mr. AL GREEN) for 5 minutes. f ther up or down. They used to make Mr. AL GREEN of Texas. Mr. Speak- LET US PASS A BALANCED my sister and me sit down and partici- er, there are unsung heroes and hero- BUDGET AMENDMENT ines among us. These are the persons pate in the process with them. And I The SPEAKER pro tempore. The who overcome great challenges just to can tell you, as a child, we weren’t that Chair recognizes the gentleman from do the ordinary. They’re not born into thrilled with this tedious task because New Jersey (Mr. GARRETT) for 5 min- sometimes it would take hours. But plenty—they’re often born into pov- utes. now I’m thankful that they did, and erty—but they have lives that are rich Mr. GARRETT. Mr. Speaker, I rise they had the foresight to teach us the in that they overcome great obstacles today to speak in favor of a balanced importance of balancing a budget. in life just so that they can be of ben- budget amendment, and some would I conveyed that importance to my efit to the lives of others. say it’s the only solution to our cur- students when I used to teach personal One such heroine was born on Janu- rent fiscal crisis. family finance as a home economics ary 26, 1934. She passed last week on Statesmen throughout the history of teacher. I told the students that when November 9, 2011. Her story is one that our Republic have stressed the impor- you budget, the expenses shouldn’t be I would hope we would remember sim- tance of fiscal responsibility, but it’s more than the income. They got it. ply because it exemplifies the life of a the voice of Thomas Jefferson that, I Washington should, too. person who met challenges, who did ev- think, we must pay particular atten- Now we have the opportunity this erything that was required, who played tion to. week to bring the common sense and by the rules—and sometimes these per- Thomas Jefferson bore the burden of the business sense of American fami- sons go unnoticed. debt throughout his entire life, and lies and American small businesses to Lola Mae Bolton Davis was born in some historians have argued that Jef- Washington to force it to live within Anderson, Texas, to Arllie Pratt Sand- ferson’s personal experiences influ- its means by passing the balanced ers and Charlie Bolton. She was their enced his thinking about the public budget amendment. I firmly believe second born. She attended Allen Farm debt as well. Jefferson inherited a sig- that this constitutional amendment is School up to the eighth grade. She nificant amount of debt at the young the best way to restrain the out-of-con- joined Rockwest Baptist Church. age of 31, and some say his own spend- trol Federal spending of Big Govern- At the age of 16, she moved to Hous- ing added to that and worsened his fi- ment. Forty-nine States have some ton, Texas, where she acquired her first nancial condition personally during his form of a balanced budget requirement, job as a housekeeper. At the age of 18, life. When he died, he, unfortunately, and it works for them. I know it works she met the love of her life, Ruben passed his debt on to his descendants, for Missouri, and I believe it will work George Davis, Sr. A year later, they which is exactly what this Federal in our Nation’s capital, too. had their first child, Pamela. She went Government is doing now to future When I was a Missouri State rep- on to attend Franklin Beauty School. generations today. resentative, we budgeted according to Eventually, she opened her own busi- So, if the Federal Government says the revenue projection given us and de- ness, and it was known as the Lola that it’s so concerned about the wel- signed our budget to match the in- Davis Beauty Nook. She later had fare of our children and the next gen- come. If we didn’t have the money, we three additional children—Ruben, eration and the next generation, then didn’t spend it. Because of that, Mis- Paula and Renwick. we should be taking the time right now souri is on sound financial footing. She was hired by Texas Instruments to address this staggering public debt Clearly, Washington is not because it in 1969. While she was working there, that our children and our grand- has failed to balance its budget. she received her GED. Later, she re- children will stand to inherit if our Passing the balanced budget amend- ceived her associate’s degree from leaders here in Congress fail to have ment will force Washington to cut up Houston Community College. She en- the courage to—what?—cut spending these credit cards and to start living rolled at Texas Southern University and to balance our budget and to live within its means. Families are tight- and graduated with a degree in edu- within our means.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.011 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7724 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Jefferson had a moral message to the MF GLOBAL Jim Kappel, a spokesman for Harris, said future public servants in this regard. the bank began denying payment and return- The SPEAKER pro tempore. The ing checks on November 1, at the direction of He believed that those who are en- Chair recognizes the gentlewoman from trusted by their constituents to rep- the bankruptcy trustee. While some checks Ohio (Ms. KAPTUR) for 5 minutes. might have been dated before October 31, he resent them, as he said, ‘‘shall consider Ms. KAPTUR. Mr. Speaker, thank said, they were likely debited at a later date. themselves unauthorized to saddle pos- goodness some Americans continue to Clients’ issues with bounced checks come terity with our debts and are morally analyze the real causes of job loss and as MF Global and its regulators continue to bound to pay them ourselves.’’ turmoil in our economy. While all eyes hunt for $600 million in client money that Jefferson expanded on this message are on Europe, the problem just isn’t in has gone missing. It is not clear if some of the bounced checks are part of the unac- in a letter he wrote to James Madison Greece. counted money. in 1798. He said, ‘‘Neither the rep- On October 31, U.S.-based MF Global It appears MF Global began issuing checks resentatives of a nation, nor the whole Holdings, Limited filed for chapter 11. to customers seeking funds—instead of wir- nation itself assembled, can validly en- It reportedly is the eighth largest ing the money—as a way to buy some time gage debts beyond what they may pay bankruptcy in U.S. history. Its failure, for the firm, which was hoping to arrange a in their own time.’’ like the crash in 2008, revolves around last-minute sale to Interactive Brokers, some of the customers say. The deal fell Still writing to Madison, he explic- the actions of money traders using slick instruments called ‘‘credit de- apart last Monday when the issue of the itly endorsed a balanced budget amend- missing customer money arose. ment, stating, ‘‘With respect to future rivatives.’’ As analysts try to piece to- A week later, regulators have yet to pro- debts, would it not be wise and just for gether what happened at MF Global, vide an answer on what became of the miss- a nation to declare in its constitution one word seems to keep popping up: ing $600 million, although some money has that neither the legislature nor the na- fraud. been located in an account with JPMorgan tion, itself, can validly contract more I would like to include in the RECORD Chase. Brokers who cleared through MF Global debt than it may pay within its own a few recent articles on the Wall Street perpetrators of this crisis. say they have been allowed to move some of age.’’ their money to new firms, but not all of it. [From Reuters, Nov. 7, 2011] So what would Jefferson think about They have been waiting for guidance from where we are in this country today? FRUSTRATION MOUNTS FOR MF GLOBAL the trustee or regulators on when they will CLIENTS get access to all of their funds. The CBO, the Congressional Budget (By Lauren Tara LaCapra) Frustration Office, has projected that maintaining The sudden collapse of MF Global Holdings all of our current spending would even- MF Global’s trustee, James Giddens, had Ltd is leaving some small and independent frozen 150,000 accounts when the firm filed tually require that the middle class in futures traders angry and frustrated. for bankruptcy protection. this country would have to have a tax Customers of the bankrupt firm are start- On Monday, Giddens said $1.5 billion worth rate of almost two-thirds of all their ing to complain about getting checks that of client money had been transferred to income—63 percent—and that the small bounced, having requests to transfer funds other firms. But the trustee and CME Group businesses in this country would have denied and receiving inaccurate account Inc, which regulates futures exchanges, have to see their tax rates skyrocket up to statements. held back some $1 billion in customer funds The growing litany of woes is adding to the as they search for the missing money, anger- 88 percent in order to cover all the tasks for the receiver assigned to liquidate spending. ing clients who can trade again but are still MF Global and causing some investors to frozen out of their excess collateral and cash. These numbers have a real impact on voice concern about the basic plumbing of ‘‘We can understand the frustration of cus- the lives of individuals, on families, the financial services system. tomers,’’ Kent Jarrell, a spokesman for the and on businesses. So, if Congress were Steve Meyers, an independent futures trad- trustee, told Reuters. ‘‘That is why we are er in Florida, said he asked for $500,000 from working around the clock to facilitate the then to keep on spending and have to his MF Global account to be wired back to raise taxes as much as the CBO has transfer and return of customer assets. Un- him on October 28 because he was concerned fortunately, this will take time as we con- prescribed, Congress would do what? about the firm filing for bankruptcy. duct our independent and thorough inves- Congress would basically doom our The money never was wired. tigation and maximize the estate for all families to a crushing tax burden, and Instead, on November 2, Meyers received stakeholders in a fair process.’’ this would smother the ability of busi- several checks from MF Global that were Some traders who tried to move their nesses to expand and, therefore, to cre- dated October 28. By the time he went to de- money from MF Global to other clearing ate jobs. posit the checks, MF Global had filed for firms or banks even before the company bankruptcy on October 31 and the checks went belly-up have also been left in the See, the economics of all this is very were not honored for payment. lurch. clear. If we refuse to address our spend- Between himself and several clients he One independent options trader in Chicago ing problems, tax rates are going to manages money for, Meyers said he has sev- said he placed a wire request on the morning have to rise, and they will rise in such eral millions of dollars still tied up with MF of October 28 to transfer $1.25 million from a manner that would commit future Global. MF Global to JPMorgan Chase. ‘‘I am sitting with hundreds of thousands generations to a tax burden to pay The transfer never occurred. of dollars in returned checks,’’ said Meyers. An MF Global representative said for—what?—the spending of today. ‘‘I just think the industry has suffered irrep- JPMorgan rejected the transfer because of So we now, as often is the case, stand arable damage from this.’’ errors in the account number, the trader at a crossroads. We can continue to do Other clients of the firm led by former New said, but upon double-checking the wire re- as we have done in the past, which is to Jersey Governor Jon Corzine are telling quest form he found no mistakes. The funds overspend and borrow and put this bur- similar stories. have remained frozen at MF Global since its Chris Ries, who co-manages a commodities den on our children, or we can do some- bankruptcy, he said. brokerage and grain dealer in Iowa that ‘‘We pretty much have zero clarity,’’ said thing else. We can demonstrate our cleared trades through MF Global, said sev- the trader, who did not want to be identified. commitment to a balanced budget by eral clients had checks bounce even though ‘‘I have a feeling the wire instructions prob- making it the supreme law of the land they deposited them before MF Global’s ably just got lost in the turmoil.’’ in this country. bankruptcy on October 31. The situation has been made worse, he b 1100 Let me conclude then with a final said, because customers’ account balances In a recent posting, attorney William quote from Jefferson: appear as though they received the cash even Black describes the failure of our jus- ‘‘To preserve the people’s independ- though the checks did not clear. tice system to investigate ‘‘accounting ence, we must not let our government ‘‘Eventually it may all get cleared up,’’ said Ries, ‘‘but for now, accounts with control fraud as a systemic risk that load us up with perpetual debt. We underlies the damage still being done.’’ must make our selection between econ- bounced checks don’t reflect the balance that they should.’’ The collapse of MF Global has gar- omy and liberty or profusion and ser- Missing $600 Million nered massive attention, partly be- vitude.’’ Some clients’ checks were drawn on an MF cause Jon Corzine sat at its helm. Mr. So let’s make Jefferson’s dream a re- Global account held at a Harris Bank branch Corzine is a former chief executive offi- ality. Let us pass a balanced budget in Illinois. Harris Bank is a subsidiary of cer of infamous Goldman Sachs. He is amendment. Bank of Montreal. also a former U.S. Senator and former

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.012 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7725 Governor of New Jersey. Mr. Corzine’s have been thriving in the global finan- fraudulent CEOs deliberately create the per- firm even held a special status as a pri- cial system. These fraud schemes are verse incentives that that suborn inside and mary dealer at the New York Federal not new, but they are coming to light outside employees and professionals. We Reserve. That’s like the Good House- as a result of market deterioration.’’ have known for four decades how these per- This isn’t the first time our country verse incentives produce endemic fraud by keeping stamp of approval. Mr. Corzine generating a ‘‘Gresham’s’’ dynamic in which isn’t the only former government lead- has seen a massive crime wave in the bad ethics drives good ethics out of the mar- er whose cozy relationship with the fi- financial services industry. In the ketplace. nancial services industry is being pub- 1980s, it was the savings and loan crisis, ‘‘[D]ishonest dealings tend to drive honest licly questioned. and the FBI responded with a staff of dealings out of the market. The cost of dis- Former Speaker of this House Newt 1,000 agents and forensic experts based honesty, therefore, lies not only in the Gingrich appears to have had a signifi- in 27 cities. That crisis was much amount by which the purchaser is cheated; cant financial relationship with smaller than what we are seeing today, the cost also must include the loss incurred yet today the FBI only has a couple from driving legitimate business out of ex- Freddie Mac, one of the mortgage in- istence.’’ George Akerlof (1970). dustry giants led by its management hundred agents able to investigate. I Akerlof noted this dynamic in his seminal into financial ruin. Freddie Mac played have a bill, H.R. 1350, that asks that article on markets for ‘‘lemons,’’ which led a key role in the financial meltdown. number to be increased by 1,000. I ask to the award of the Nobel Prize in Economics As countless American families have my colleagues to help cosponsor it, and in 2001. It is the giants of economics who lost their homes, Freddie Mac assumed let’s bring some reason and prudence have confirmed what the S&L regulators and the toxic assets that were handed to it back to the financial markets of our criminologists observed when we systemati- from the banks. And it is now under country and let’s exact real justice for cally ‘‘autopsied’’ each S&L failure to inves- the American people. tigate its causes. Modern executive com- conservatorship of the Federal Govern- pensation has made accounting control fraud ment, living off the taxpayer dime. Mr. THE VIRGIN CRISIS: SYSTEMATICALLY vastly more criminogenic than it once was Gingrich is apparently $1.8 million IGNORING FRAUD AS A SYSTEMIC RISK as investigators of the current crisis have richer, though he claims he isn’t sure (By William K. Black) confirmed. how much Freddie paid him. One of the most revealing things about ‘‘Over the last several years, the subprime I now see why Congress has consist- this crisis is the unwillingness to investigate market has created a race to the bottom in ently failed to investigate what hap- whether ‘‘accounting control fraud’’ was a which unethical actors have been hand- major contributor to the crisis. The refusal pened at Freddie Mac along with somely rewarded for their misdeeds and eth- to even consider a major role for fraud is ical actors have lost market share.... The Fannie Mae to determine exactly what facially bizarre. The banking expert James market incentives rewarded irresponsible decisions, by whom—by whom and Pierce found that fraud by senior insiders lending and made it more difficult for re- when led to this financial ruin. I have was, historically, the leading cause of major sponsible lenders to compete.’’ Miller, T. J. a bill to do just that. H.R. 2093, the bank failures in the United States. The na- (August 14, 2007). Iowa AG. Fannie Mae and Freddie Mac Commis- tional commission that investigated the Liar’s loans offer what we call a superb sion Act. It’s well past time to pass it, cause of the S&L debacle found: ‘‘natural experiment.’’ No honest mortgage and I invite Members to join me in this ‘‘The typical large failure [grew] at an ex- lender would make a liar’s loan because such tremely rapid rate, achieving high con- loans have a sharply negative expected effort. centrations of assets in risky ventures.... value. Not underwriting creates intense ‘‘ad- The allegations against MF Global [E]very accounting trick available was verse selection.’’ We know that it was over- are serious. Mr. Corzine’s firm had es- used.... Evidence of fraud was invariably whelmingly the lenders and their agents that sentially placed a $6.3 billion bet on the present as was the ability of the operators to put the lies in liar’s loans and the lenders sovereign debt of several European gov- ‘‘milk’’ the organization.’’ (NCFIRRE 1993) created the perverse compensation incen- ernments. After its most recent quar- Two of the nation’s top economists’’ study of tives that led their agents to lie about the terly returns showed almost $200 mil- the S&L debacle led them to conclude that borrowers’ income and to inflate appraisals. lion in losses, MF Global’s stock lost 67 the S&L regulators were correct—financial We know that appraisal fraud was endemic deregulation could be dangerously percent of its value. But this is not just and only agents and their lenders can com- criminogenic. That understanding would mit widespread appraisal fraud. Iowa Attor- a case of an investment firm being allow us to avoid similar future crises. ‘‘Nei- ney General Miller’s investigations found: lured by the higher returns of riskier ther the public nor economists foresaw that ‘‘[Many originators invent] non-existent bonds. CME Group, Inc., who audited [S&L deregulation was] bound to produce occupations or income sources, or simply MF Global’s accounts, found that Mr. looting. Nor, unaware of the concept, could inflat[e] income totals to support loan appli- Corzine’s company violated key re- they have known how serious it would be. cations. Importantly, our investigations quirements to keep its accounts sepa- Thus the regulators in the field who under- have found that most stated income fraud rate from its clients’. The details are stood what was happening from the begin- occurs at the suggestion and direction of the ning found lukewarm support, at best, for loan originator, not the consumer.’’ still being sorted out, but as much as their cause. Now we know better. If we learn New York Attorney General (now Gov- $600 million appears to be missing from from experience, history need not repeat ernor) Cuomo’s investigations revealed that customer accounts. itself’ (George Akerlof & Paul Romer. Washington Mutual (one of the leaders in The financial press is reporting a ‘‘Looting: the Economic Underworld of making liar’s loans) developed a blacklist of staggering amount of malfeasance in Bankruptcy for Profit.’’ 1993: 60). appraisers—who refused to inflate appraisals. the days before MF Global filed for The epidemic of accounting control fraud No honest mortgage lender would ever in- bankruptcy. In an apparent effort to that drove the second phase of the S&L deba- flate an appraisal or permit widespread ap- buy themselves time, MF Global sent cle (the first phase was caused by interest praisal inflation by its agents. Surveys of ap- rate risk) was followed by an epidemic of ac- checks instead of wiring money. The praisers confirm that there was widespread counting control fraud that produced the pressure by nonprime lenders and their checks turned out to be bogus. There Enron era frauds. agents to inflate appraisals. are stories of requests to transfer funds The FBI warned in September 2004 that We also know that the firms that made and being denied and even inaccurate ac- there was an ‘‘epidemic’’ of mortgage fraud purchased liar’s loans followed the respec- count statements being issued. Even and predicted that it would cause a financial tive accounting control fraud ‘‘recipes’’ that more egregious are accounts of people ‘‘crisis’’ if it were not contained. The mort- maximize fictional short-term reported in- receiving bounced checks, going back gage banking industry’s own anti-fraud ex- come, executive compensation, and (real) and finding that their accounts were perts reported in writing to nearly every losses. Those recipes have four ingredients: mortgage lender in 2006 that: 1. Grow like crazy also altered inappropriately. If this ‘‘Stated income and reduced documenta- 2. By making (or purchasing) poor quality isn’t fraud, what is? tion loans speed up the approval process, but loans at a premium yield What should concern all of us is the they are open invitations to fraudsters.’’ 3. While employing extreme leverage, and knowledge that fraud is not limited to ‘‘When the stated incomes were compared to 4. Providing only grossly inadequate allow- a case here or there. In the financial the IRS figures: [90%] of the stated incomes ances for loan and lease losses (ALLL) services sector, fraud has become sys- were exaggerated by 5% or more. [A]lmost against the losses inherent in making or pur- temic. In 2009, the FBI testified before 60% were exaggerated by more than 50%. chasing liars loans Firms that follow these recipes are not the House Judiciary Committee, ‘‘The [T]he stated income loan deserves the nick- name used by many in the industry, the ‘‘gamblers’’ and they are not taking ‘‘risks.’’ current financial crisis has produced ‘liar’s loan’ ’’ (MARI 2006). Akerlof & Romer, the S&L regulators, and one unexpected consequence: It has ex- We know that accounting control fraud is criminologists recognize that this recipe pro- posed prevalent fraud schemes that itself criminogenic—fraud begets fraud. The vides a ‘‘sure thing.’’ The exceptional (albeit

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.014 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7726 CONGRESSIONAL RECORD — HOUSE November 17, 2011 fictional) income, real bonuses, and real home they could not afford to purchase, and wealthy. ‘‘Looting’’ destroys the bank losses are all sure things for accounting con- because the appraisals were frequently in- (that’s the ‘‘bankruptcy’’ part of Akerlof & trol frauds. flated. Do the math: roughly one-third of Romer’s title) but it produces the ‘‘profit’’ Liar’s loans are superb ‘‘ammunition’’ for home loans made in 2006 were liar’s loans for the CEO. It is the deliberate making of accounting control frauds because they (and and the incidence of fraud in such loans was masses of bad loans at premium yields that appraisal fraud) allow the fraudulent mort- 90%. We are talking about an annual fraud allows the CEO to profit by looting the bank. gage lenders and their agents to attain the rate of over one million mortgage loans from When the top prosecutor in an epicenter of unholy fraud trinity: (1) the lender can 2005 until the market for liar’s loans col- accounting control fraud defines the most charge a substantial premium yield, (2) on a lapsed in mid-2007. destructive form of financial crime out of ex- loan that appears to relatively lower risk be- Third, the industry massively increased its istence he allows elite fraud to occur with cause the lender has inflated the borrowers’ origination and purchase of liar’s loans after impunity. income and the appraisal, while (3) elimi- the FBI warned of the developing fraud ‘‘epi- As embarrassing as Wagner’s statement is, nating the incriminating evidence of fraud demic’’ and predicted it would cause a crisis however, it cannot compete on this dimen- that real underwriting of the borrowers’ in- and then massively increased its origination sion with that of his boss, Attorney General come and salary would normally place in the and purchase of liar’s loans after the indus- Holder. I was appalled when I reviewed his loan files. The government did not require try’s own anti-fraud experts warned that testimony before the Financial Crisis In- any entity to make or purchase liar’s loans such loans were endemically fraudulent and quiry Commission (FCIC). Chairman (and that includes Fannie and Freddie). The would cause severe losses. Again, this pro- Angelides asked Holder to explain the ac- states and the federal government frequently vides a natural experiment to evaluate why tions the Department of Justice (DOJ) took criticized liar’s loans. Fannie and Freddie Fannie, Freddie, et alia, originated and pur- in response to the FBI’s warning in Sep- purchased liar’s loans for the same reasons chased these loans. It wasn’t because ‘‘the tember 2004 that mortgage fraud was ‘‘epi- that Merrill, Lehman, Bear Stearns, etc. ac- government’’ compelled them to do so. They demic’’ and its prediction that if the fraud quired liar’s loans—they were accounting did so because they were accounting control epidemic were not contained it would cause control frauds and liar’s loans (and CDOs frauds. a financial ‘‘crisis.’’ Holder testified: ‘‘I’m backed by liar’s loans) were the best avail- Fourth, the industry increasingly made not familiar myself with that [FBI] state- able ammunition for maximizing their fic- the worst conceivable loans that maximized ment.’’ The DOJ’s (the FBI is part of DOJ) tional reported income and real bonuses. fictional short-term income and real com- preeminent contribution with respect to this Liar’s loans were large enough to hyper-in- pensation and losses. Making (or purchasing) crisis was the FBI’s 2004 warning to the na- flate the bubble and drive the crisis. They in- liar’s loans that are also subprime loans tion (in open House testimony picked up by creased massively from 2003–2007. means that the originator is making (or the the national media. For none of Holder’s sen- ‘‘[B]etween 2003 and 2006 . . . subprime and purchaser is buying) a loan that is endemi- ior staffers who prepped him for his testi- Alt-A [loans grew] 94 and 340 percent, respec- cally fraudulent to a borrower who has mony to know about the FBI testimony re- tively. known, serious credit problems. It’s actually quires that they know nothing about the de- The higher levels of originations after 2003 worse than that because lenders also increas- partment’s most important and (potentially) were largely sustained by the growth of the ingly added ‘‘layered’’ risks (no useful act. That depth of ignorance could not nonprime (both the subprime and Alt-A) seg- downpayments and negative amortization) in exist if his senior aides cared the least about ment of the mortgage market.’’ ‘‘Alt-A: The order to optimize accounting fraud. Negative the financial crisis and made it even a minor Forgotten Segment of the Mortgage Market’’ amortization reduces the borrowers’ short- priority to understand, investigate, and pros- (Federal Reserve Bank of St. Louis 2010). term interest rates, delaying delinquencies ecute the frauds that drove the crisis. Be- The growth of liar’s loans was actually far and defaults (but producing far greater cause Holder was testifying in January 14, greater than the extraordinary rate that the losses). Again, this strategy maximizes fic- 2010, the failure of anyone from Holder on St. Louis Fed study indicated. Their error tional income and real losses. Honest home down in his prep team to know about the was assuming that ‘‘subprime’’ and ‘‘alt-a’’ lenders and purchasers of home loans would FBI’s warnings also requires that all of them (one of the many misleading euphemisms for not act in this fashion because the loans failed to read any of the relevant crimi- liar’s loans) were dichotomous. Credit must cause catastrophic losses. nology literature or even the media and Suisse’s early 2007 study of nonprime lending To sum it up, the known facts of this crisis blogosphere. reported that roughly half of all loans called refute the rival theories that the lenders/pur- In addition to claiming that the DOJ’s re- ‘‘subprime’’ were also ‘‘liar’s’’ loans and that chasers originated/bought endemically fraud- sponse to the developing crisis under Presi- roughly one-third of home loans made in 2006 ulent liar’s loans because (a) ‘‘the govern- dent Bush was superb, Holder implicitly took were liar’s loans. That fact has four critical ment’’ made them (or Fannie and Freddie) do the position that (without any investigation implications for this subject. The growth of so, or (b) because they were trying to maxi- or analysis) fraud could not and did not pose liar’s loans was dramatically larger than the mize profits by taking ‘‘extreme tail’’ (i.e., any systemic economic risk. Implicitly, he already extraordinary 340% in three years re- an exceptionally unlikely risk). The risk claimed that only economists had the exper- ported by the St. Louis Fed because, by 2006, that a liar’s home loan will default is excep- tise to contribute to understanding the half of the loans the study labeled as tionally high, not exceptionally low. The causes of the crisis. If you don’t investigate; ‘‘subprime’’ were also liar’s loans. Because known facts of the crisis are consistent with you don’t find. If you don’t understand ‘‘ac- loans the study classified as ‘‘subprime’’ accounting control frauds using liar’s loans counting control fraud’’ you cannot under- started out the period studied (2003) as a (in the United States) as their ‘‘ammunition stand why we have recurrent, intensifying fi- much larger category than liar’s loans the of choice’’ in accordance with the conven- nancial crises. If Holder thinks we should actual percentage increase in liar’s loans tional fraud ‘‘recipe’’ used that caused prior take our policy advice from Larry Summers from 2003–2006 is over 500%. The first critical U.S. crises. and Bob Rubin, leading authors of the crisis, implication is that it was the tremendous It is bizarre that in such circumstances the then he has abdicated his responsibilities to growth in liar’s loans that caused the bubble automatic assumption of the Bush and the source of the problem. ‘‘Now let me state to hyper-inflate and delayed its collapse. Obama administrations has been that fraud at the outset what role the Department The role of accounting control fraud isn’t even worth investigating or considering plays and does not play in addressing these epidemics in causing bubbles to hyper-inflate in connection with the crisis. It is as if mil- challenges’’ [record fraud in investment and persist is another reason that account- lions of liar’s loans purchased and resold as banking and securities]. ing control fraud is often criminogenic. CDOs largely by systemically dangerous in- ‘‘The Department of Justice investigates When such frauds cluster they are likely to stitutions are an inconvenient distraction and prosecutes federal crimes. . . .’’ drive serious bubbles. Inflating bubbles opti- from campaign fundraising efforts. Instead, ‘‘As a general matter we do not have the mize the fraud recipes for borrowers and pur- we have the myth of the virgin crisis expertise nor is it part of our mission to chasers of the bad loans by greatly delaying unsullied by accounting control fraud. In- opine on the systemic causes of the financial the onset of loss recognition. The saying in deed, contrary to theory, experience, and re- crisis. Rather the Justice Department’s re- the trade is that ‘‘a rolling loan gathers no ality, the Department of Justice has in- sources are focused on investigating and loss.’’ One can simply refinance the bad vented the faith-based fiction that looting prosecuting crime. It is within this context loans to delay the loss recognition and book cannot occur. that I am pleased to offer my testimony and new fee and interest ‘‘income.’’ When entry Benjamin Wagner, a U.S. Attorney who is to contribute to your vital review.’’ Two as- is easy (and entry into becoming a mortgage actively prosecuting mortgage fraud cases in pects of Holder’s testimony were prepos- broker was exceptionally easy), an industry Sacramento, Calif., points out that banks terous, dishonest, and dangerous. becomes even more criminogenic. lose money when a loan turns out to be ‘‘I’m proud that we have put in place a law Second, liar’s loans (and CDOs ‘‘backed’’ fraudulent. ‘‘It doesn’t make any sense to me enforcement response to the financial crisis by liar’s loans) were large enough to cause that they would be deliberately defrauding that is and will continue to be is aggressive, extreme losses. Millions of liar’s loans were themselves,’’ Wagner said. Wagner’s state- comprehensive, and well-coordinated.’’ made and those loans caused catastrophic ment is embarrassing. He conflates ‘‘they’’ DOJ has obtained ten convictions of senior losses because they hyper-inflated the bub- (referring to the CEO) and ‘‘themselves’’ (re- insiders of mortgage lenders (all from one ble, because they were endemically fraudu- ferring to the bank). It makes perfect sense obscure mortgage bank) v. over 1000 felony lent, because the borrower was typically in- for the CEO to loot the bank. Looting is a convictions in the S&L debacle. DOJ has not duced by the lenders’ frauds to acquire a ‘‘sure thing’’ guaranteed to make the CEO conducted an investigation worthy of the

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.005 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7727 name of any of the largest accounting con- we need to gain control of our national rights we provide to our seniors and trol frauds. DOJ is actively opposing inves- debt, I rise to commiserate our loss of our people. And what do we regard as tigating the systemically dangerous institu- a balanced perspective on what we, as our assets on our balance sheet? Our tions (SDIs). elected Representatives of the people bloated, cold war-era military buildup. Holder’s most disingenuous and dangerous And what kind of balance sheet, Mr. sentence, however, was this one: of the United States of America, regard ‘‘Our efforts to fight economic crime are a as assets and liabilities on our Amer- Speaker, expends trillions of dollars on vital component of our broader strategy, a ican Government balance sheet. I am tax breaks to millionaires and expa- strategy that seeks to foster confidence in appalled, Mr. Speaker, at our loss of triate corporations and treats revenue our financial system, integrity in our mar- perspective on what good government loss needed for the legitimate oper- kets, and prosperity for the American peo- really means as we balance our policy ation of the government like assets? ple.’’ Yes, the ‘‘confidence fairy’’ ruled at priorities in this moral document, our b 1110 DOJ. It is the rationale now for DOJ’s dis- budget. graceful efforts to achieve immunity for the This is a balance sheet reminiscent of Mr. Speaker, we have perverted the SDIs’ endemic frauds. The confidence fairy a corporate raider that strips down all concept of a healthy balance sheet as trumped and traduced ‘‘integrity in our mar- of the assets and leaves the company we worship at the feet of a religion kets’’ and ‘‘prosperity for the American peo- limping lifeless in the dust. ple.’’ Prosperity is reserved for the SDIs and that tones that government should be What kind of country lauds a bal- their senior managers—the one percent. limited and, perhaps, have no role in anced budget that achieves this bal- f the health, welfare, and safety of the ance on the backs of children, students, American people. PUT AMERICA BACK ON A PATH working class families, the disabled, Balancing the budget sounds so sim- TO PROSPERITY the hungry, the infirm, the elderly, the ple, so appealing, but that’s not a environment, victims of natural disas- The SPEAKER pro tempore. The truthful description of what this bal- ters, and wounded veterans returning Chair recognizes the gentleman from anced budget amendment would do. to unemployment and a jobless econ- Georgia (Mr. AUSTIN SCOTT) for 5 min- This amendment is nothing more than omy? Is this a balanced budget, Mr. utes. a Trojan horse hiding the Republicans’ Speaker, or is this our unbalanced pri- Mr. AUSTIN SCOTT of Georgia. Mr. true ambition, which is requiring orities? Speaker, I rise today to talk about major cuts to vital programs, dramati- Mr. Speaker, I thank you for your in- passing a balanced budget amendment cally shrinking the legitimate role of dulgence in listening to me today. today. I will tell you, there’s been a government, and enshrining this agen- f global debate most recently over the fi- da in the United States Constitution. nances of the world. And even in Eu- A balanced budget? A balance sheet THE ABLE ACT rope, in the eurozone, Merkel and contains both assets and liabilities. The SPEAKER pro tempore. The Sarkozy are proposing that balanced I would submit, Mr. Speaker, that it Chair recognizes the gentleman from budget amendments be a part of the is a perversion of our American values Florida (Mr. CRENSHAW) for 5 minutes. constitutions of those countries that to see our children, our future, as mere Mr. CRENSHAW. Mr. Speaker, I just make up the eurozone. It’s not often liabilities; our students, who need the wanted to make my colleagues aware that you will find me agreeing with government to invest in their higher of some legislation that I filed this President Sarkozy. He is certainly not educations, as mere liabilities; our week, along with 28 original cospon- the great leader that Benjamin communities, the economic engines of sors, Democrats and Republicans. The Netanyahu is. But on this one, I do be- our economy who may be subjected to legislation was filed in the Senate, as lieve that he was right to come out of natural disasters such as hurricanes well, so it’s a bipartisan, bicameral ef- his foxhole and support the balanced and other liabilities, who need to re- fort. It’s going to be known as the budget amendments. build modern transportation systems, ABLE Act, Achieving a Better Life Ex- Every year, our Americans sit down to see these as mere liabilities; and perience. This is legislation that will at the kitchen table, pencil and paper American folks, who need to breathe paint a brighter future, make a bright- in hand, and balance their budgets in clean air and drink clean water, as er pathway for individuals with disabil- their households. Every American busi- mere liabilities on the Federal Govern- ities to meet the uncertainties that ness owner will tell you that they can- ment balance sheet. they face. not continually deficit spend the way According to an analysis released I think we all recognize that individ- this country has well over the last dec- this week by the Center on Budget and uals with disabilities, be it autism, be ade. Policy Priorities, the amendment we it Down’s syndrome, they face tremen- Mr. Speaker, the people of Georgia’s are considering today would force cuts dous challenges today. They face strug- Eighth Congressional District are hard- to all programs by an average of 17.3 gles, both financial struggles and per- working and responsible people. They percent by 2018. And if revenues are not sonal struggles, that most of us can’t expect the same of their government raised, which there seems to be an even imagine. And they face those leaders. They work each day to ensure anathema to doing that, all these pro- struggles without the advantage that that the future remains bright for their grams will be cut by the same percent- our Tax Code offers for a lot of people children and grandchildren, and they age. Social Security cut by $184 billion in our society. sent me here to do the same. in 2018 alone; Medicare cut by $117 bil- For instance, if you want to save for The work that will be required by the lion in 2018; Medicaid and the Chil- college, you can set up a tax-free sav- balanced budget will not be easy, but dren’s Health Insurance Program cut ings account. The proceeds grow tax Americans are counting on us. They by $80 billion in 2018. free, and you can use those moneys to are counting on us to make tough deci- We have constructed a balance sheet pay your college tuition. If you want to sions and put America back on a path where our people are not viewed as as- save for retirement, you can set up a to prosperity. Passing the balanced sets. Our American universities, our tax-free savings account. Those pro- budget amendment is the first step to students, the next generation of inven- ceeds grow tax free, and you can use that. tions and innovators are seen as wel- those dollars in your retirement years. f fare recipients when we provide them If you want to save for medical insur- with Pell Grants. Seniors who have ance premiums, you can set up a health THE TROJAN HORSE BALANCED earned retirement security are now savings account and that account has BUDGET AMENDMENT seen as a drain on our system. These tax advantages. And yet there are no The SPEAKER pro tempore. The seniors who built our economy through vehicles like that for individuals with Chair recognizes the gentlewoman from their ingenuity and sweat, Medicare disabilities. Wisconsin (Ms. MOORE) for 5 minutes. and Social Security for them is seen as You can imagine, there are real- Ms. MOORE. Later on today we will socialism. world examples where individuals with be considering the so-called balanced Mr. Speaker, we have heard the con- disabilities, they receive certain gov- budget amendment. And while I join stant drumbeat demanding that we se- ernment benefits; but if they accumu- my colleagues in sharing the view that verely restrain the benefits and the late more than $2,000 of assets in their

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.006 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7728 CONGRESSIONAL RECORD — HOUSE November 17, 2011 own name, then they’re penalized. We to speak on the topic of racial rec- posed reforms, like compensating stu- have examples of individuals who have onciliation and has been a frequent dent athletes with a stipend and in- had to say ‘‘no’’ when somebody want- guest on television and radio. He has creasing academic accountability of ed to give them a birthday check, to been a contributing author of three student athletes who play in Bowl Con- say ‘‘no’’ when somebody said I’d like other books about inner-city life and ference Series tournaments. The to help you with your housing. work, and has written many other arti- roundtables dispelled some of the wide- We have to ask ourselves, is this any cles for publication. ly held myths about the manner in way to treat those among us who are Glen has a B.A. in Bible theology which the colleges go about recruiting the most disadvantaged? Of course it’s from the Moody Bible Institute and a high school athletes. They also cor- not. The answer is, no. That’s why we B.A. in sociology from Wheaton Col- rected some persistent misunder- have created this legislation. That’s lege. Except for a brief 2-year period standings about what and how much why we proposed this ABLE Act. It’s while studying at Wheaton College, NCAA athletic scholarships and med- very simple; it’s very straightforward. Glen; his wife, Lonnie; and their three ical insurance cover. And they did an It’s understandable. What it does is children have lived in the Austin com- excellent job of exposing hardships allow individuals with disabilities to munity for more than 30 years. In 1997, that student athletes and their fami- set up a tax-free savings account as he was recognized for his contributions lies face for being unable to come up long as those proceeds are used for by becoming the first American to be with the extra money to pay the dif- qualified expenses like maybe special awarded a Doctorate of Peacemaking ferences in the medical costs and the equipment, maybe educational needs, from Westminster College. In receiving costs of these athletic scholarships. maybe transportation or housing. It’s this honor, he joined the ranks of pre- The roundtables sadly affirmed that, only fair that we make our Tax Code vious grantees: Nobel Laureate just as the scandal does, the business of deal with the injustice that goes on Mairead Maguire of Northern Ireland; college sports is not beneath using— today. It’s trying to make that Tax Mrs. Leah Rabin, wife of the slain and can even thrive upon, in too many Code more fair to treat everyone more prime minister of Israel; and the Grand instances—collusion, corruption, and equal. Mufti of Egypt, Dr. Muhammad Sayed cover-ups. I think those of us who are more for- Tantawi, the highest authority on Is- As part of its core purpose, the NCAA tunate have an obligation to help those lamic law in Egypt. says its mission is to ‘‘integrate inter- who are less fortunate. So, Mr. Speak- Glen is a legend in our community. collegiate athletics into higher edu- er, I urge my colleagues to take a look His family, neighbors, friends, and cation so that the educational experi- at this. Again, it is bicameral, bipar- community will truly miss him; and ence of the student athlete is para- tisan; and it shows that we can work may he rest in peace. mount.’’ But, unfortunately, I must together to meet the needs of those f say that I am highly suspicious of this among us who need our help. It is much creed, in that the NCAA system cul- needed and it’s long overdue, and I PROTECTING CHILDREN FROM ture has increasingly become more hope we can pass it this year. SEXUAL ABUSE shadowy and exceedingly exploitative. f The SPEAKER pro tempore. The Exploitation maximizes revenues for Chair recognizes the gentleman from colleges and conferences. Exploitation TRIBUTE TO GLEN A. KEHREIN Illinois (Mr. RUSH) for 5 minutes. also helps member conferences and The SPEAKER pro tempore. The Mr. RUSH. Mr. Speaker, earlier this athletic programs hide behind flimsy Chair recognizes the gentleman from month some of our darkest fears came excuses that doing more to support Illinois (Mr. DAVIS) for 5 minutes. to light. As parents and mentors of student athletes financially would be Mr. DAVIS of Illinois. Mr. Speaker, I young children, we were horrified to unprincipled and unacceptable. rise to pay tribute to Glen Kehrein, a hear and read about news allegations of Mr. Speaker, as a Nation, we must neighbor, a good friend, and one of the a sexual abuse scandal involving the hear the voices of young victims, pray most dedicated, committed, and fo- Penn State University football pro- for their healing, and dedicate our- cused individuals that I’ve ever known. gram. selves to doing all that we can to end He was founder and CEO of Circle In piecing the news together, there outrageous abuse of vulnerable chil- Urban Ministries in Chicago, Illinois. A were clues and red flags along the way, dren. We, as Members of Congress, have few days ago, Glen Kehrein passed suggesting that the allegations are re- two primary responsibilities: one, to away, but he leaves a legacy that will grettably and probably true. Based on protect our Nation against foreign en- live for many, many years to come. what is known now, it is also not in- emies, and, two, to protect our chil- More than 30 years ago, Glen and his conceivable that the horrible actions dren. family and a circle of a few friends alleged to have occurred at Penn State God bless America, and God bless our moved into the Austin community of could have just as easily occurred at children. Chicago which was undergoing rapid any other major collegiate sports pro- f change from a predominantly white gram in the country. community to what is now a more than THE FAIR TAX 95 percent black, or African American, b 1120 The SPEAKER pro tempore. The community. With his circle of friends, What this sad and tragic episode af- Chair recognizes the gentleman from Glen organized Circle Urban Ministries, firms is that the abuse of children is Georgia (Mr. WOODALL) for 5 minutes. which has lasted for more than 30 years real and alive in the sports world Mr. WOODALL. Mr. Speaker, it’s al- and has become one of the most effec- today. And it is just as alive and real ways nice to come to the House floor tive faith-based urban redevelopment in collegiate sports as it could be in after someone has just said ‘‘God bless organizations in the Nation. any institutional system that has com- America.’’ It makes me feel good, sir, Under Glen’s leadership, programs in monalities with big-time college and I want to associate myself with health care, legal assistance, housing sports. those remarks. rehabilitation, management, youth A little more than a week ago, even Candidly, I’m a little worried about outreach, leadership development, before the news of this scandal broke, I what happens here in this country. Mr. homelessness, ex-offender reentry, food hosted two collegiate sports Speaker, I know you have the pleasures distribution, and education are bring- roundtables here in our Nation’s Cap- I do of seeing all the folks from across ing hope and help to thousands of peo- itol. I invited sports journalists, econo- America who come here to see the pro- ple each year. mists, parents of former big division cedures that go on here on the House Glen coauthored an award-winning athletic scholarship recipients, and floor, and I know folks often wonder book with a black minister and friend current professionally qualified basket- and probably ask you, Mr. Speaker, of his, Reverend Raleigh Washington, ball players and former collegiate stu- Where is everybody? What’s going on? entitled ‘‘Breaking Down Walls,’’ a dent athletes to speak openly. Well, of course, with the exception of model of reconciliation in an age of ra- They were asked what they thought those of us on the House floor, every- cial strife. He has traveled extensively about some of the NCAA’s new pro- body is in their office watching on the

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.016 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7729 closed-circuit TV so you can multitask come, plus savings people are spending, doms that are ours as Americans. Help and do it all. I came down here to bring plus borrowing that they’re doing. It’s us to be mindful of the principles on words to those folks who are watching a much more stable tax. which it was founded: freedom and on TV. Why is that important? Mr. Speaker, equality, justice and humanity. Grant But really, Mr. Speaker, it’s about what you know in your time here in Your blessings to the Members of the the youngest folks we have in the the House, as I know from my time United States House of Representa- country. It’s about the economy that here in the House, is that if you give tives, that they may serve our Nation you and I are going to leave to the next this House more money, we’re going to with honesty and integrity and they generation of Americans. And we can spend it. I don’t want to spend it. I may seek Your guidance as they make do things here in this House today that wish we wouldn’t. And I’m going to these important decisions that affect guarantee a better economy in the vote ‘‘no,’’ but I’m going to lose. us all. years to come. Right now—right now— If you tax something that’s volatile, Protect all who serve in the Armed I don’t tweet. I don’t use Twitter. I’m in the boom years, the money comes Forces of this land. Bless their families not that interesting that I have some- pouring in. Do you think we save it for during times of military deployment thing to say to folks every moment of a rainy day? We don’t. We spend it. and give Your peace to those whose the day, but if I were tweeting, I would And then when the down year comes, loved ones have paid the ultimate price say that right now in the Joint Eco- folks are accustomed to a high spend- in the defense of liberty. Protect our nomic Committee there’s a hearing on ing level. What do we do? We borrow it Nation from terrorist threat. fundamental tax reform, asking the from our children and our grand- Hear these prayers and grant us Your question can tax reform boost invest- children and spend it anew. peace, which passes all understanding. ment and job creation? And the answer Having a stable income stream that These things we pray in the name of is absolutely, it can. doesn’t have the highs and doesn’t have Jesus Christ our Lord. Here, in this country, what we tax, the lows will lead to a better Federal Amen. we destroy. Think about that. The budgeting process. And taxing con- f power to tax is the power to destroy. sumption, which is what we take out of THE JOURNAL Mr. Speaker, when I go to speak to the economy, instead of taxing the in- high school students, I say, okay, I’ve come, which is what we put into the The SPEAKER. The Chair has exam- got a $20-an-hour job working in my economy, will grow it; ined the Journal of the last day’s pro- congressional office. Who wants to Mr. Speaker, a few years ago, the ceedings and announces to the House come work for me? Everybody raises Joint Tax Committee here did a study his approval thereof. Pursuant to clause 1, rule I, the Jour- their hand. I said, I’m going to need to and said, How would we evaluate con- nal stands approved. tax you about $19 an hour on that, so sumption tax? We don’t even have a you’re only going to get to take home model for it. How would we do it if we f 1. Who wants to come work for me? did away with the income tax and PLEDGE OF ALLEGIANCE And all the hands go down. The hands brought in the consumption tax? They The SPEAKER. Will the gentleman go down because they don’t want to brought in economic groups from the from Indiana (Mr. DONNELLY) come for- work for $1 an hour. They want to keep left and the right. Of course they dis- ward and lead the House in the Pledge what they earn. agreed about absolutely everything, The power to tax is the power to de- of Allegiance. those groups from the left to the right, Mr. DONNELLY of Indiana led the stroy. Today, in this country, we tax all the way across the spectrum, except Pledge of Allegiance as follows: income. We are the only Nation in the for one thing, Mr. Speaker. Every sin- OECD that does not have a consump- I pledge allegiance to the Flag of the gle economic model and group agreed United States of America, and to the Repub- tion tax. We tax income. And when you that if we moved to a consumption tax lic for which it stands, one nation under God, tax income, which is productivity, you from today’s income tax, America’s indivisible, with liberty and justice for all. destroy productivity. economy would grow faster. f I have a proposal that is the most Mr. Speaker, every dollar we can WELCOMING REVEREND MARTIN widely cosponsored fundamental tax grow, every job we can create, they R. SPRINGER reform proposal in either the House or matter today. And I encourage folks to the Senate, and it’s called the Fair take a look at H.R. 25, the Fair Tax, as The SPEAKER. Without objection, Tax. It’s H.R. 25 here on the House side. a mechanism for making that happen. the gentleman from Illinois (Mr. JOHN- And I have the great pleasure of work- SON) is recognized for 1 minute. ing with so many of my colleagues to f There was no objection. push that bill forward. It abolishes the RECESS Mr. JOHNSON of Illinois. Mr. Speak- income tax in favor of a consumption The SPEAKER pro tempore. Pursu- er, I rise today to honor our guest tax. ant to clause 12(a) of rule I, the Chair chaplain, Pastor Marty Springer, who Now, when we’re in a tough economy declares the House in recess until noon has served as both an example of his like this, folks say, But Rob, I’m cut- today. faith and civic duty. ting back on my consumption. Would Accordingly (at 11 o’clock and 30 Pastor Springer was raised in south- we still be able to bring in the revenue minutes a.m.), the House stood in re- ern California, the youngest son of that we need with a consumption tax? cess until noon. Marshall and Doris Springer. After Well, I bring charts. What you see here graduating from high school, he in the blue line is personal consump- f worked in a bank while attending jun- tion, and what you see in the red line b 1200 ior college and joined the United is personal income. The red line rep- States Air Force in December of 1982. resents what we tax in the income tax, AFTER RECESS During his time serving on active duty, and the blue line represents what we The recess having expired, the House he was selected for the honor of serving would tax in the consumption tax. And was called to order by the Speaker at in the Office of Presidential Protocol what you see are two things. Number noon. at Andrews Air Force Base during the one, they are roughly the same—rough- f Presidency of President Ronald ly the same. Reagan. Yes, we can tax consumption and PRAYER He entered the Air Force Reserve in bring in the same revenue we get today Reverend Martin R. Springer, Trinity 1986 and also took a civil service posi- by taxing income, but when they’re dif- Lutheran Ministries, Edwardsville, Illi- tion at Scott Air Force Base where he ferent, it’s because the volatility of the nois, offered the following prayer: was the director of personnel for an Air income is greater than the volatility of In the name of the Father and of the Force telecommunications agency re- consumption. When you tax income, all Son and of the Holy Spirit, amen. sponsible for all aspects of manpower, you get to tax is income. When you tax Almighty God, grant Your blessings personnel, and training. During Oper- consumption, you end up taxing in- to our land. Thank you for the free- ations Desert Storm and Desert Shield,

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.018 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7730 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Pastor Springer was recalled to serve Resolution 2. Our kids and grandkids lenge the supercommittee to put poli- in active duty and received the Air are depending on it. tics aside and to work together to Force Achievement Medal for his serv- f come up with a balanced, bipartisan ice. deal that will strengthen and preserve SANCTITY OF VEGETABLES After 15 years of service to his Na- our Nation’s most successful health tion, Pastor Springer was called to (Mr. BLUMENAUER asked and was care and anti-poverty health programs. serve God and entered Concordia Semi- given permission to address the House Across-the-board cuts, which will re- nary in St. Louis in 1977. After grad- for 1 minute.) sult from the supercommittee’s failure uating, Pastor Springer was ordained Mr. BLUMENAUER. Congress seems to work together, will do nothing more as a pastor of the Lutheran Church- determined to undermine recent nutri- than increase health care costs to sen- Missouri Synod in 2000. tion standards proposed by the Obama iors and the disabled and weaken our He received his first call to Saint administration. It’s shameful that we already vulnerable economy. John Evangelical Lutheran Church and are poised to intervene to make sure I have received countless phone calls, School in Chester, Illinois. His service that pizza continues to count as a vege- stacks of letters, boxes of cards from to his church and his community, in- table and that we protect the privi- concerned constituents all over north cluding his work as chairman of the leged status of French fries on the Texas who wait in fear to hear the fate Chester Veterans Memorial Com- lunch tray. of their economic future. I urge the mittee, earned him the honor of Out- The problem we have in front of us is supercommittee to reject any policies standing Citizen of Chester in 2001. the institution of vegetables has been that will result in higher costs for our Today, Pastor Springer serves as sen- weakened in this country, and the ef- Nation’s sick and elderly. ior pastor of Trinity Lutheran Min- fort to redefine it on this vast social f istries of Edwardsville, Illinois, where experiment that we have going on, re- he oversees a church, Christian day defining vegetables differently than BALANCED BUDGET AMENDMENT school, and a day school center. He has they have ever been defined by man- (Ms. HAYWORTH asked and was completed three mission trips to kind before. This effort of this vast so- given permission to address the House Kazakhstan, Haiti, and Honduras and is cial experiment, the early data that we for 1 minute and to revise and extend working to complete his clinical pas- see from other places harms the insti- her remarks.) toral education at Alexian Brothers tution of the family, the raising of the Ms. HAYWORTH. Mr. Speaker, last Medical System in St. Louis. next generation, and is harmful to the week a constituent from Pastor Springer has been a model of future of the Republic. Washingtonville, New York, wrote this service for his community, his church, f to me: and his Nation; and it’s truly my BALANCED BUDGET AMENDMENT ‘‘I balance my family budget, so honor, Pastor, to join my colleagues in please explain to me why we don’t have welcoming you as our guest chaplain. (Mr. SAM JOHNSON of Texas asked the will to balance the Federal budget? It’s a privilege to represent you, and and was given permission to address Pass a balanced budget amendment and it’s a privilege that you’re here today. the House for 1 minute and to revise future generations will be far better f and extend his remarks.) off. If not, we will have left them our Mr. SAM JOHNSON of Texas. You errors.’’ ANNOUNCEMENT BY THE SPEAKER know, this month the national debt Another one of my constituents—his PRO TEMPORE will reach the unprecedented level of first name is Joseph—and Joseph, I The SPEAKER pro tempore (Mr. $15 trillion. That’s nearly $48,000 per want to assure you that I agree with BASS of New Hampshire). The Chair American. you completely. These are my sons. will entertain up to 15 further requests Under President Obama, the national This is my family. These are Will and for 1-minute speeches on each side of debt’s increased faster than any other Jack. Together, as our distinguished the aisle. U.S. President in history. Now more colleague from Texas just told us, they f than ever, it’s time to get our Nation’s owe nearly $100,000 to the national debt fiscal house in order to prevent another BALANCED BUDGET AMENDMENT as of today. They had no part at all in big, fat Greek catastrophe. creating it. (Mr. FLEISCHMANN asked and was The American people have made it Every dollar that the Federal Gov- given permission to address the House abundantly clear that Congress should ernment spends has 40 cents in debt. for 1 minute.) balance the Federal budget just like That is unconscionable intergenera- Mr. FLEISCHMANN. Mr. Speaker, I families and business owners across the tional theft. It must stop, and we must rise today in support of a balanced country have to do every single day. A stop it this week. I urge all of our col- budget amendment to our Constitu- balanced budget amendment is the so- leagues across the aisle to pass the bal- tion. lution we need to break Washington’s anced budget amendment. For 24 years, I ran my own small reckless spending habit. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE business with my wife. We had to bal- I implore the President and my col- The SPEAKER pro tempore. The ance our budget every month and every leagues in the Senate to join the House Chair will remind Members to direct year. I’ve also raised three boys with in passing the balanced budget amend- their remarks to the Speaker and not my wife, and we’ve had to balance our ment and send it to the States. We to a perceived viewing audience. budget as a family in order to live can’t endure this any longer, and we within our means. need to fix it. Americans want, need, f I believe the United States Constitu- and deserve to know we’re going to live b 1210 tion is one of the greatest documents within our means just as they all live A BALANCED BUDGET AMEND- ever written, and I don’t take amend- within their means. MENT TO THE CONSTITUTION ing it lightly. However, we must curb f the voracious appetite of the Federal (Mr. DONNELLY of Indiana asked Government and get our fiscal House in PRESERVE MEDICARE AND SOCIAL and was given permission to address order. SECURITY the House for 1 minute.) We passed the $15 trillion mark in (Ms. EDDIE BERNICE JOHNSON of Mr. DONNELLY of Indiana. Mr. our national debt yesterday, and we Texas asked and was given permission Speaker, I rise in strong support of the are seeing other countries around the to address the House for 1 minute.) balanced budget amendment to the world succumb to their debt. We must Ms. EDDIE BERNICE JOHNSON of Constitution. fix our debt crisis before it’s too late. Texas. Mr. Speaker, I rise today to The fact is for too long Washington I am proud to be a cosponsor of this speak in strong opposition to cuts in has not made the necessary and tough balanced budget amendment to our Medicare and Social Security. decisions that need to be made to get Constitution, and I urge all of my col- In these last few days and the most our budget deficit under control. Work- leagues to vote in favor of House Joint important days that we face, I chal- ing families in Indiana know all too

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.019 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7731 well the importance of balancing their their own will begin losing their unem- State of Georgia and pending in 35, are budgets even when times are tight. ployment benefits in January. By mid- most troubling. Just as Hoosier families must make February, 2.1 million will have lost Proponents say State-issued photo ID tough decisions about how to manage their benefits, and by the end of 2012, laws prevent voter fraud, but in-person their budgets, so, too, must we in Con- six million will have, which includes voting fraud has not been a significant gress make those tough choices about 34,600 Tennesseans. problem throughout the years. The where to invest and what to cut. Congress has never allowed emer- problem was that too many people I have always supported a balanced gency unemployment benefits to expire went to vote for President Obama. An budget amendment because it is an- when the unemployment rate is any- estimated 21 million people do not have other important tool that can be used where close to where it is now—9 per- current government-issued photo IDs. to help get our fiscal house in order. cent. This extension not only will help The numbers are even higher for blacks Having a balanced budget amendment the unemployed, but it will also pro- and Hispanics and other minorities. in place is crucial to the country going mote economic recovery. The Texas legislature passed one of the beyond speaking about tough decisions The Congressional Budget Office has worst laws whereby a concealed-weap- and actually making them. I am aware declared that unemployment benefits on permit qualifies as a voter ID while this will not be easy and that tough de- are ‘‘both timely and cost-effective in a student ID does not. The Justice De- cisions that affect many people will spurring economic activity and em- partment should vigorously challenge have to be made to match our revenues ployment.’’ The Economic Policy Insti- these voter ID laws. with our spending priorities. We have tute has estimated that preventing UI Nothing is more fundamental, ladies to live within our means. benefits from expiring could prevent and gentlemen, than our right to vote. We are facing significant fiscal chal- the loss of over 500,000 jobs. They are We must reject any attempts to curb lenges, and the American people expect timely, targeted and temporary—the citizens in the exercise of their right. us to come together on a bipartisan best way to stimulate our economy. In f basis and to do something that will addition, there are benefits for the SUPPORTING THE PASSAGE OF A more effectively deal with them. States that are having problems with BALANCED BUDGET AMENDMENT f their unemployment insurance pro- (Mr. MARCHANT asked and was grams and with certain extensions BALANCED BUDGET AMENDMENT given permission to address the House there. (Mr. PITTS asked and was given per- for 1 minute.) I urge the Republicans to join with Mr. MARCHANT. Mr. Speaker, today mission to address the House for 1 us in passing this Emergency Unem- the House is scheduled to consider minute and to revise and extend his re- ployment Compensation Extension House Joint Resolution 2. This bill pro- marks.) Act. poses a balanced budget amendment to Mr. PITTS. Mr. Speaker, today we f the Constitution. I am a very proud co- begin debate on H.J. Res. 2, the bal- BALANCED BUDGET AMENDMENT sponsor of this legislation. anced budget amendment. This resolu- Earlier this year, the Texas Legisla- tion is similar to the amendment that (Mr. LAMBORN asked and was given ture called on Congress to propose and nearly passed the Congress over 15 permission to address the House for 1 submit to the States a balanced budget years ago. I can only imagine how minute.) amendment. I am pleased that the Mr. LAMBORN. Mr. Speaker, the big much improved our current fiscal situ- House is taking the first step today to spending policies of the Obama admin- ation would be today if the amendment fulfill this request by Texas and other istration have failed America. Millions would have passed then. In that time, States. As a former city council mem- of Americans have lost their homes, we have seen the national debt increase ber and mayor and State representa- their jobs—and even their hopes for a from just over $5 trillion then to more tive, I was always required to present a brighter future. Our economy has than $15 trillion now. balanced budget. This rapid rise in public debt endan- stalled, and the American people are We must act now before we further gers our currency and creates deep eco- looking for solutions. ruin the economic futures of our chil- nomic uncertainty. For some of that This week, the House will vote on a dren and grandchildren. We cannot ig- time, we had a balanced budget; and we balanced budget amendment. It is an nore our fiscal situation any longer. did it with a government divided be- honest and bipartisan solution to the The Federal Government should bal- tween the political parties. It was not problem of overspending that threatens ance its budget. easy to negotiate, but we made it hap- our economic recovery and prevents I strongly urge my colleagues to join pen. We need to get back to balanced job creation. Forty-nine States, includ- me today in voting in favor of this res- budgets and go further to pay down our ing Colorado, comply with a balanced olution. debt. A balanced budget amendment budget amendment. Spending cuts, f will require us to take that action. caps and promises, though helpful, are We cannot endlessly pile up debt. only temporary. A balanced budget is SUPPORT THE STOCK ACT That is a recipe for disaster, and we permanent. (Mr. WALZ of Minnesota asked and have to turn things around. To help us When the Federal Government starts was given permission to address the accomplish that, we need a constitu- living within its means, the Nation’s House for 1 minute and to revise and tional amendment ratified by the job creators will have the confidence to extend his remarks.) American people. create more jobs. That certainty is es- Mr. WALZ of Minnesota. Mr. Speak- f sential to restoring our economy and er, it has been 4 days since the CBS putting Americans back to work. In an News program ‘‘60 Minutes’’ ran a trou- H.R. 3346, THE EMERGENCY UNEM- otherwise bleak economy, a balanced bling piece on insider trading in this PLOYMENT COMPENSATION EX- budget amendment is our brightest ray very House. Mr. Speaker, you and I and TENSION ACT of hope. our colleagues are the only people in (Mr. COHEN asked and was given per- f this august body today who are exempt mission to address the House for 1 from insider trading rules. minute.) OUR RIGHT TO VOTE IS UNDER How do we expect the public to take Mr. COHEN. This past week, I joined ATTACK us seriously about anything we do with Congressman LLOYD DOGGETT and (Mr. JOHNSON of Georgia asked and when there is the belief that people with many other Democratic col- was given permission to address the here are enriching themselves from the leagues to introduce the Emergency House for 1 minute and to revise and knowledge they gain on the job? Even Unemployment Compensation Exten- extend his remarks.) the perception of wrongdoing under- sion Act. Mr. JOHNSON of Georgia. Mr. Speak- mines the trust in the democracy. If Congress fails to pass this bill by er, our right to vote is under attack. The good news is that Ms. SLAUGH- the end of the year, Americans who Photo ID laws on the books in nearly a TER, myself, and now 55 of our col- have lost their jobs not by any fault of dozen States, including in my home leagues have joined together to put an

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.023 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7732 CONGRESSIONAL RECORD — HOUSE November 17, 2011 end to this practice. The STOCK Act sional district, which will better serve The University of Houston Cougars, that I rise and encourage my col- our veterans, especially those strug- led by Heisman hopeful Case Keenum, leagues to join us on would stop trad- gling with substance abuse, mental is the highlighted game, as the 10–0 ing on congressional knowledge. It health issues, or other disorders. This Cougars face the SMU Mustangs this would put Congress on the same play- veterans court fills a critical gap in Saturday. The Cougars will push for an ing field of every teacher, firefighter, care for our veterans by helping former undefeated season and potential at- small business owner, and investor. servicemembers who are struggling and large BCS bowl opportunity. Then we can get down to the business in pain. The University of Houston has a of making America right—by creating Mr. Speaker, it’s our duty to serve long, storied tradition of athletic suc- jobs. I encourage my colleagues to join those who have served us so gallantly. cess, including 55 NCAA individual me. Our veterans have sacrificed and shown championships and 17 NCAA team ti- their unquestioning commitment to f tles, 19 college football bowl appear- this country; and veteran treatment ances, five NCAA men’s basketball b 1220 courts, like the one in Santa Maria, Final Fours, and a trip to the College BREAK THE CYCLE OF RECKLESS provide another straightforward way World Series. SPENDING for us to better serve them. So I urge The University of Houston has re- my colleagues to join me in recog- ceived the Tier-One research university (Mr. FITZPATRICK asked and was nizing Santa Barbara County for tak- distinction from the Carnegie Founda- given permission to address the House ing this critical step in supporting our tion. The University of Houston is one for 1 minute.) veterans by establishing this veteran of only three Carnegie-designated Tier- Mr. FITZPATRICK. Mr. Speaker, I treatment court. One public research universities in rise today in favor of House Joint Res- f Texas. olution 2 and sending a balanced budg- The University of Houston is also et amendment to the United States THE BALANCED BUDGET AMENDMENT known as a first-generation school, for Senate and to the States. Congress has many of the students are the first in nobly, yet unexpectedly, tried seven (Mr. PALAZZO asked and was given their families to attend college. Our times to stop the increasingly massive permission to address the House for 1 undergraduates choose from 120 majors growth in our national debt. At the minute.) and minors. The University of Houston Mr. PALAZZO. Mr. Speaker, every first attempt in 1985, with the Gramm- also offers 139 master’s, 54 doctoral, month Americans sit down at kitchen Rudman-Hollings Act, our national and three professional degree pro- debt was $2 trillion, or $8,700 for every tables or computers to balance their checkbooks and bank accounts to en- grams. American. Today our national debt is The University of Houston is the sec- sure their spending doesn’t overwhelm $15 trillion, $48,500 for every American, ond most ethnically diverse major re- higher than it has ever been in Amer- their way of living. I’ve been at that kitchen table for those discussions. search university in the United States. ican history. Our current spending en- Students come from as many as 137 na- vironment has failed to create jobs and Now the United States Congress is fi- nally coming to the table to have a tions and from across the Nation. is threatening our standard of living As a proud alumnus of the University and our national security. similar discussion with the American people. of Houston, I salute the successes of While the Founding Fathers could the athletic and academic programs not foresee a nation this stricken with By passing a balanced budget amend- ment to the Constitution, we tell the and welcome ESPN to our campus debt, they did recognize the danger to today. our prosperity and instilled a constitu- American people we are serious about f tional process that gives us the flexi- putting our financial house in order. bility to deal with this crisis. As No longer will we overpromise and JOBS FAIR overspend at the expense of trillions of Thomas Jefferson said: I place econ- (Mr. REICHERT asked and was given omy among the first and most impor- dollars and our children’s future. This week I will stand with my col- permission to address the House for 1 tant republican virtues, and public leagues to support a notion that seems minute and to revise and extend his re- debt as the greatest of dangers to be foreign within the beltway, that we marks.) feared. cannot spend more than we take in. Mr. REICHERT. Mr. Speaker, we’ve Congress has a rare opportunity to The fact that this is a radical concept heard some of the partisan comments break the cycle of reckless spending in Washington, D.C., demonstrates just this morning, and I think America is that has taken us to this current fiscal how out of touch this town has become tired of that. America needs jobs now, breaking point and ensure the fiscal fi- and how far we have to go. But getting and they’re looking at us to work to- nancial stability and prosperity for our to where we need to be won’t occur gether. children and our grandchildren. I urge without the critical step we take this There’s been a lot of discussion and adoption of the resolution. week to pass a balanced budget amend- debate around job creation and eco- f ment. This action puts us in line to- nomic recovery—rightly so. But I be- wards economic recovery, sustain- lieve we all want to put America back SANTA BARBARA COUNTY to work, Democrats and Republicans VETERAN TREATMENT COURT ability, and, above all else, with the needs and priorities of the American together. We all want that. We must (Mrs. CAPPS asked and was given people. work together now to make that hap- permission to address the House for 1 I urge my colleagues to support the pen. Just because we have different minute and to revise and extend her re- balanced budget amendment. ideas doesn’t mean we can’t work to- marks.) gether. f Mrs. CAPPS. Mr. Speaker, I rise to ADAM SMITH and I, both from Wash- recognize the opening of Santa Barbara WELCOMING ESPN TO HOUSTON ington State, in fact, next week will be County’s first veteran treatment court. (Mr. GENE GREEN of Texas asked putting together a jobs fair that we Last week our country came together and was given permission to address call Helping Identify Real Employment to remember and pay respect to our the House for 1 minute and to revise in America. We’re going to do that to- veterans, and I was humbled and hon- and extend his remarks.) gether, a Democrat and a Republican. ored to participate in memorial serv- Mr. GENE GREEN of Texas. Mr. There will be 75-plus different vendors, ices honoring our veterans, 50,000 of Speaker, I rise today to welcome different businesses who have jobs, ac- whom live on California’s central ESPN’s College GameDay to the cam- tually have jobs waiting. We’re going coast. Their sacrifice is never forgot- pus of the University of Houston. This to match employees with employers, ten, just as our work to support them is the first time in the history of that bring them together so they can find is never finished. And that’s why I sup- show that the University of Houston jobs. And our hope is that before port this new innovative and collabo- and the city of Houston has been given Christmas, before Thanksgiving, ADAM rative treatment court in my congres- this honor. SMITH and I can get some people back

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.024 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7733 to work and energize their families and a constitutional amendment that re- GETTING AMERICANS BACK TO help energize our community. quires a balanced budget, that pro- WORK Mr. Speaker, I urge all of us in this hibits Congress from borrowing from (Ms. SLAUGHTER asked and was House to do the same—work together the future, and let’s pass a legacy of given permission to address the House to identify jobs. prosperity and wealth to the next gen- for 1 minute.) f eration. Ms. SLAUGHTER. Mr. Speaker, in BIPARTISAN JOB FAIR IN f the past few days, many Americans WASHINGTON STATE INCOME TAX RETURN IDENTITY have contacted me through Facebook THEFT and Twitter with their thoughts, and (Mr. SMITH of Washington asked and their message was very clear: They was given permission to address the (Ms. CASTOR of Florida asked and want jobs, and they want them now. On House for 1 minute and to revise and was given permission to address the behalf of these Americans, I urge the extend his remarks.) House for 1 minute.) leaders of the House to respond by Mr. SMITH of Washington. I rise in Ms. CASTOR of Florida. Mr. Speaker, passing major legislation that will cre- support of a bipartisan effort to create there is a growing problem across ate high-paying jobs. jobs. America involving identity theft and They write to me: ‘‘I hope you mean Just as Congressman REICHERT said, tax fraud. This new kind of criminal living-wage jobs that are meaningful, he and I are hosting a job fair next will steal Social Security numbers and filled with dignity, and generated lo- week. At a time when unemployment is then file for a fraudulent tax return. cally. over 9 percent in this country, when The City of Tampa Police Depart- ‘‘Job creation begins at home. Close our economy desperately needs to put ment recently uncovered a multi- the loopholes that send jobs overseas people back to work, I think this is the million-dollar fraud scheme, lost mon- and make it tougher to bring the prof- way we need to do it, in a bipartisan eys to the taxpayers. So Congressman its and products back here. manner. At the end of the day, we’re RICH NUGENT and I, a Republican col- ‘‘An additional suggestion would be not going to have any job creation bills league from Florida, have been work- to fund a Works Program Administra- that aren’t bipartisan because of the ing together to tackle this problem. tion modeled after the first one imple- nature of Congress. I intend to file a bill this week that mented by Franklin Roosevelt, a new I applaud Congressman REICHERT for would, one, give local law enforcement deal for the new millennium. working with me on this idea, and it’s the tools it needs to be an effective ‘‘We need to stop the manufacturing really a very good idea in terms of job participant with the IRS in these tax drain going out of the country, revisit creation. fraud investigations. Right now Fed- the WPA to jump-start the economy, Yes, there’s huge unemployment, but eral law doesn’t allow local law en- and fix our aging infrastructure. less well known is there are actually forcement to be an active participant. ‘‘Heck, we need someone to clean employers out there that have jobs And, two, for folks that have their weeds out of sidewalks. We need an en- that are trying to find people to fill identities stolen, often months and ergy policy and concrete plans to ac- them. Matching the skills necessary months and months go by before the celerate the use of renewables. Too with those jobs is critical. And that’s IRS is able to fix their return and their much of our fuel costs end up in our what the HIRE America job fair that credit, and we’ve got to do that. It’s trade imbalance.’’ we’re going to do next week in Kent is leaving them hanging for months. These are the words from my con- all about—bringing in 75 employers So I encourage my colleagues to join stituents that I’m glad to share with that actually have jobs available, with in our efforts to tackle tax fraud and you as we work very hard to get Ameri- unemployed people looking for work, this criminal enterprise. cans back to work at meaningful jobs. to match them up, to try to put people f f to work to get this economy moving b 1230 PROVIDING FOR CONSIDERATION again. It’s a great idea. OF CONFERENCE REPORT ON LISTEN TO AMERICA’S JOB I thank Congressman REICHERT for H.R. 2112, CONSOLIDATED AND CREATORS working with me to do this. It’s bipar- FURTHER CONTINUING APPRO- tisan. And it’s focused on the number (Ms. FOXX asked and was given per- PRIATIONS ACT, 2012 one most important issue this country mission to address the House for 1 Ms. FOXX. Mr. Speaker, by direction faces, getting Americans back to work minute.) of the Committee on Rules, I call up and getting our economy moving. Ms. FOXX. Mr. Speaker, if the House Resolution 467 and ask for its Obama administration is serious about f immediate consideration. helping create jobs for the American NATIONAL DEBT HITS $15 The Clerk read the resolution, as fol- people, then it should start by listen- TRILLION lows: ing to America’s job creators. House H. RES. 467 (Mr. YODER asked and was given Republicans understand the impor- permission to address the House for 1 Resolved, That upon adoption of this reso- tance of freeing our Nation’s business- lution it shall be in order to consider the minute.) men and entrepreneurs from the con- conference report to accompany the bill Mr. YODER. Mr. Speaker, yesterday fidence-killing threat of higher taxes (H.R. 2112) making appropriations for Agri- was another landmark day in Washing- and more regulations so that they can culture, Rural Development, Food and Drug ton’s borrow-and-spend legacy. The na- invest, grow, and hire again. Administration, and Related Agencies pro- tional debt now stands at a staggering This means protecting job creators grams for the fiscal year ending September $15 trillion. This comes at a time when from needless tax burdens. This means 30, 2012, and for other purposes. All points of our economy is struggling, the unem- reforming Federal spending. This order against the conference report and ployment rate is high, and Americans against its consideration are waived. The means supporting a fairer, flatter and conference report shall be considered as are tightening their belts and doing simpler Tax Code. This means stopping read. The previous question shall be consid- more with less. It remains clear that job-killing regulations that constrain ered as ordered on the conference report to the Washington theory of borrowing employers from hiring more workers. its adoption without intervening motion ex- and spending to create wealth and grow On each of these issues, House Repub- cept: (1) one hour of debate; and (2) one mo- jobs simply is a fraud on the American licans have already acted. Following tion to recommit if applicable. people. our Plan for America’s Job Creators, The SPEAKER pro tempore. The gen- Both political parties know that this we’ve passed more than 20 job-creation tlewoman from North Carolina is rec- staggering debt is a cancer on the fu- bills so far this year. ognized for 1 hour. ture of our Nation and something we The path to new jobs has been paved Ms. FOXX. Mr. Speaker, for the pur- can no longer ignore. I ask my col- by House Republicans. It’s long past pose of debate only, I yield the cus- leagues to join together and save the time for Senate Democrats and Presi- tomary 30 minutes to the gentlewoman future of this country, to stop the suf- dent Obama to follow our lead and from New York (Ms. SLAUGHTER), pend- focating debt and spending. Let’s pass enact these jobs bills. ing which I yield myself such time as I

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.027 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7734 CONGRESSIONAL RECORD — HOUSE November 17, 2011 may consume. During consideration of loon by an additional $7 billion over The agreement provides $1.66 billion this resolution, all time yielded is for the next 5 years, leaving States and for the Federal Highway Administra- the purpose of debate only. local school districts in the lurch. tion’s Emergency Relief program, GENERAL LEAVE The WIC program is funded at $6.6 which assists States in rebuilding Fed- Ms. FOXX. Mr. Speaker, I ask unani- billion. This funding will provide sup- eral highways that were damaged by mous consent that all Members have 5 plemental foods, as well as nutritional major natural disasters such as Hurri- legislative days to revise and extend and other preventative health services, cane Irene and the flooding of the Mis- their remarks. to low-income participants. souri River. The SPEAKER pro tempore. Is there I am pleased to report that the bill Included in the conference agreement objection to the request of the gentle- places restrictions on the implementa- is $12.5 billion for the FAA. The agree- woman from North Carolina? tion of a Grain Inspection and Packers ment provides $3.35 billion for airports There was no objection. and Stockyards Administration, and $2.7 billion for facilities and equip- Ms. FOXX. House Resolution 467 is a GIPSA, proposed rule that would have ment. Language is included to restore closed rule providing for consideration allowed harmful government inter- the Block Aircraft Registry Request of H.R. 2112, the Consolidated and Fur- ference in the private market for live- program, or BARR, and to prohibit fu- ther Continuing Appropriations Act, stock and poultry. ture changes to the program. Also in- also known as the mini-bus. The Commerce, Justice, and Science cluded is $878 million for FAA Next Mr. Speaker, this conference report section of the conference report in- Generation funding to ease congestion was approved by the conference com- cludes a base total of $52.7 billion, a de- and reduce air traffic delays. mittee on a wide bipartisan basis with crease of $583 million below last year’s The legislation includes a total of all but one of 38 House and Senate con- level, and a decrease of almost $5 bil- $37.3 billion for the Department of ferees signing off on the report. The lion below the President’s request. Housing and Urban Development, a de- bill contains a continuing resolution to The conference agreement includes crease of $3.8 billion below last year’s avoid a government shutdown and con- numerous provisions that protect the level and $4.7 billion below the Presi- tinue Federal operations until Decem- Second Amendment right to keep and dent’s request. ber 16, 2011, or until Congress com- bear arms. Three of these protections The bill does not extend the in- pletes the remaining nine FY 2012 ap- are made permanent law beginning in creased maximum loan limits for propriations bills. It is important to fiscal year 2012. These three provisions Fannie Mae and Freddie Mac. These en- highlight that this CR is a clean exten- prohibit the Department of Justice tities have been under public scrutiny sion and includes no new funding provi- from consolidating firearms sales for their questionable business prac- sions. records, electronically retrieving the tices and use of billions in Federal bail- In accordance with the Budget Con- records of former firearms dealers, and out funds, some of which have been trol Act, this conference report upholds maintaining information on persons used for extravagant management bo- the overall discretionary spending who have passed firearms background nuses. The bill does allow an increase level of $1.043 trillion and includes $2.3 checks. The conference agreement also in the conforming loan limits to the billion in disaster relief funding, which contains numerous 1-year firearms pro- Federal Housing Authority, FHA, falls under the disaster designation cap tections and new language prohibiting which is subject to greater congres- set by the act. DOJ from requiring imported shotguns sional scrutiny and oversight. The Agriculture agencies and pro- to meet a sporting purposes test. Mr. Speaker, I am appreciative of the grams in this bill will receive a total of The bill extends important provisions members of the conference committee $136.6 billion in both discretionary and related to Guantanamo Bay, including and cognizant of the tough jobs they mandatory funding, a reduction of $4.6 a prohibition on the transfer or release had to get to this bipartisan agreement billion from the President’s request of any detainee into the U.S. and a pro- coming to the floor for consideration. based on the administration’s hibition on the acquisition or construc- It is for this reason that I urge my col- midsession review. Discretionary fund- tion of any new prison to house detain- leagues to support the rule, and I re- ing in the legislation totals $19.8 bil- ees. Under no circumstances should we serve the balance of my time. lion, a reduction of $350 billion below endanger our communities by allowing Ms. SLAUGHTER. I thank my col- last year’s level and a cut of $2.5 billion some of the most dangerous people in league for yielding me the customary from the President’s request. the world to set foot on American soil. 30 minutes, and I yield myself such It is important to note that manda- The conference agreement includes time as I may consume. tory food and nutrition programs with- important provisions to protect unborn Mr. Speaker, this is a sad day for the in the Department of Agriculture—in- human life, including a ban on abortion House of Representatives—another cluding SNAP, also known as food funding for Federal prisoners and a demonstration that the House has stamps, as well as child nutrition—are conscience protection for prison em- failed to meet its basic responsibility funded at $98.6 billion. This funding ployees, and a prohibition on the Legal to the American people. The new budg- will allow all individuals and families Services Corporation funds for organi- et year began over 6 weeks ago, but not who meet the programs’ criteria for aid zations that engage in abortion-related a single routine appropriations bill, not to receive all the benefits available to litigation. a single one, has been enacted. Instead, them, and includes $3 billion in reserve The Transportation, Housing and we are considering a massive $100 bil- funds in case of unanticipated in- Urban Development section of the con- lion hodgepodge of unrelated programs creases in participation or food price ference report includes a base total of and agencies all crammed into a single increases. $55.6 billion, representing a decrease of bill that no Member of the House saw Additionally, school lunch and school $19.4 billion below the President’s re- before this week. breakfast programs will receive $18.2 quest. In fact, most of the provisions in this billion in mandatory funding in the bill have never been considered by the agreement. This funding will help low- b 1240 House at any time in any form. Let me income students with free or reduced- The conference agreement provides repeat that. A massive $100 billion bill, price meals at schools in every commu- $500 million for National Infrastructure most of which has never been consid- nity in the Nation. Investments, commonly referred to as ered by the House, brought up for a sin- The conference agreement includes the TIGER program, and includes lan- gle, all-or-nothing vote under a com- provisions to prevent overly burden- guage prioritizing rail, highway, and pletely closed process. And what’s some and costly regulations and pro- transit projects that improve or expand worse, we will be back here in a few vide greater flexibility for local school existing systems. weeks with another massive omnibus districts to improve the nutritional The conference agreement provides bill to keep the rest of the government quality of meals in the national school $39.9 billion for the Federal highway open. As I said, Mr. Speaker, this is a lunch and school breakfast programs. program, which is the annual spending sad day for the House. Without these provisions, the cost of level set by the latest Surface Trans- Fortunately, there is one hint of these important programs would bal- portation Extension Act. good news in this mess. The bill does

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.029 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7735 reject some of the absurd cuts proposed safety threat. Oversized rigs are more This false equivalency harkens back on the other side of the aisle. For ex- likely to be involved in crashes, not to to the ludicrous labeling of ketchup as ample, the bill does not contain pro- mention that it’s unnerving to see one a vegetable made infamous 30 years ago posed cuts that would have denied in your rearview mirror bearing down by President Ronald Reagan. Again, 700,000 women, infants and children on you on the highway. And if the safe- this bill’s actual language requires valuable nutritional supplements or ty risks are not convincing enough as crediting of tomato paste—again, cred- defunded the COPS program. to why heavier trucks are a bad idea, iting of tomato paste from page 90 of But those welcome steps are not consider the economic arguments. this bill—as a vegetable under the enough to make this a good bill. I am We’re here talking about deficit reduc- school lunch program to be subsidized especially disturbed by the unwise and tion, and already bigger trucks don’t by taxpayers as a vegetable. shortsighted cuts to programs impor- pay their fair share for the damage b 1250 tant to America’s role as a competitive they incur on our roads and our global power. High-speed and intercity bridges. An 80,000-pound truck only I had a family from my district, from passenger rail, for example, gets no pays 80 percent of its damage costs, Eagle County, Colorado, in my office funding under this agreement. The bill and a 97,000-pound truck would pay earlier this morning and I asked the allows the country to maintain Am- only half of the damage it causes. mom, I said, When your kid is eating, trak at its current state, but does Our Nation’s infrastructure is crum- do you count pizza as his vegetable? nothing to help us keep pace with bling, and the highway trust fund is And she said, No. And parents across countries like China and Germany, who woefully underfunded. Where are we the Nation agree. have already built a rail infrastructure going to get this money to repair our Pizza can be incorporated into a that will expand their economies well infrastructure? And the Maine and the healthy diet. I eat pizza. Most of my into the 21st century. If our country Vermont exemptions will only make constituents eat pizza. But when we’re hopes to remain a global superpower in this problem worse. talking about taxpayer subsidies for the 21st century, we have to do more to And it also starts us down a slippery healthy vegetables, to make sure that invest in our country than the meager slope of allowing other States to ask they’re available for kids on the side of steps that we are taking today. for special weight-limit exemptions. pizza, making sure there’s some broc- Especially in tough economic times We’ll end up with a patchwork of coli, making sure there’s some spinach, like these, we need to rebuild our infra- truck-size and truck-weight laws that making sure there’s something healthy structure, to be educating our children, will make the business of transporting for them to eat at the school lunch and creating jobs for the millions of goods by truck across State lines a counter, pizza alone—particularly pizza unemployed. Instead of the Band-Aid confusing mess. with no vegetables on it, just tomato measure we are considering today, we Mr. Speaker, there were no hear- paste—it’s common sense that it’s not have to truly begin to invest in our fu- ings—none, zero—no hearings held in a vegetable. What’s next? Are Twinkies ture and ensure that we not only sur- the House on the Maine and Vermont going to be considered a vegetable? vive, but that we thrive, in the century exemption. The House didn’t even con- Rather than having a deliberative ef- to come. sider a Transportation Appropriations fort, we have special interests inserting I reserve the balance of my time. bill. So to be making such a major pol- these provisions into these bills, con- Ms. FOXX. Mr. Speaker, I just want icy change without thoughtful consid- trary to the public health. And we won- to say to my colleague from New York eration and vigorous debate is absurd. der why Congress is so unpopular na- that I think the American people are I would remind my colleagues that tionally. No one can help but to look at beginning to realize that government there’s bipartisan opposition to in- us and scratch their heads when we say spends money; it doesn’t invest money. creasing truck size and truck weight. I that french fries count as a healthy, With that, I reserve the balance of have a bill to freeze truck size and nutritious vegetable, that pizza counts my time. truck weight at 80,000 pounds across as a healthy, nutritional element. Ms. SLAUGHTER. Mr. Speaker, I am the entire national highway system, You know, poor children’s health is pleased to yield 3 minutes to the gen- and it has 60 bipartisan cosponsors. The something we all have a stake in. Not tleman from Massachusetts, a member issue of increasing truck size and only are the kids and the families af- of the Committee on Rules, Mr. weight needs to be fully understood fected, but we’re all affected. The costs MCGOVERN. and debated before making any long- of Medicaid and Medicare, government Mr. MCGOVERN. I thank my ranking term policy changes. I strongly oppose spending, rising obesity rates. The member for yielding to me. the Maine and Vermont policy rider in empty calories in french fries are not Mr. Speaker, there are some good this appropriations bill; and I regret equal to truly nutritious vegetables things in this minibus. I’m especially very, very much that this was included like carrots, spinach, lettuce, broccoli, pleased with the funding levels for the without the appropriate hearings, cucumbers. SNAP and the WIC programs, which without the appropriate oversight, and I know it’s hard to get kids to eat will ensure that hungry people have ac- without doing it out in the open so peo- vegetables. I have a 9-week-old. He cess to nutritious food during these ple could understand what the policy hasn’t been weaned yet, so we haven’t tough economic times. And I regret implications are by making this ex- had to deal with that yet. But you very much that those programs were emption. know what? You don’t define vegeta- under attack by the Republican major- Ms. FOXX. I continue to reserve the bles down. You don’t call a Twinkie a ity in this House, but in this minibus, balance of my time. vegetable. You don’t call pizza a vege- those levels are adequate. And I’ll like- Ms. SLAUGHTER. Mr. Speaker, I am table. What you do is you have to make ly support the final passage of this bill. pleased to yield 3 minutes to the gen- sure that kids know how to incorporate But, Mr. Speaker, for the life of me, tleman from Colorado, a member of the healthy food into their diet so they can I can’t understand why policy riders Committee on Rules, Mr. POLIS. grow up strong and keep all of our were allowed to be included in the final Mr. POLIS. I thank the gentlelady costs down and make sure to keep bill. Some were even airdropped in the from New York. America healthy. dark of night without being considered Mr. Speaker, I have to voice my op- Mr. Speaker, this bill has many im- by either the House or the Senate. position to an insidious provision that portant provisions, but I feel it’s crit- Most troubling, the underlying bill in- has been added to this bill at the last ical to highlight the ludicrous defini- cludes a special carve-out for Maine minute by agribusiness and the frozen tion that Congress is giving by rede- and Vermont to allow 100,000-pound food industry, and that is a change fining nutrition down and providing trucks on their interstate highways for that allows pizza to be counted as a taxpayer subsidies for unhealthy food the next 20 years. vegetable. They started with French in our schools. Mr. Speaker, current law allows only fries; now they’ve moved on to pizza. Ms. FOXX. Mr. Speaker, I yield my- trucks up to 80,000 pounds to travel on This language equates pizza with vege- self such time as I may consume. interstates—and for good reason. Big- tables and weakens otherwise good Our colleagues across the aisle often ger, heavier trucks are an enormous school nutrition standards. try to distract from what are the real

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.030 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7736 CONGRESSIONAL RECORD — HOUSE November 17, 2011 issues facing our country and get into Mr. Speaker, to support the rule for fis- kindness in yielding. I thank the hard the weeds, and bills like this give them cal year 2012 appropriations for agri- work of the Appropriations Committee. a perfect opportunity to do that. But culture, transportation, training and I thank the gentlelady from Virginia when I’m home every weekend and talk justice. Technically—or maybe for managing. And I thank Mr. DICKS to my constituents, what they’re con- untechnically—this bill is called the as well for accepting the challenge in cerned about is they have incredible ‘‘mini-bus.’’ I completely commend the these very difficult times. outrage with the inaction of the liberal conferees for including language based It’s not a happy time to come to the Democrat-controlled Senate. on legislation we introduced directing floor and indicate that this is what we My constituents are aware of the additional resources for the Federal have to do, but it’s important to ac- many bills that the House has passed Bureau of Investigation’s White-Collar knowledge some challenges that we but which are stalled in the Senate, Crime Division for Wall Street finan- still have. And those challenges are: and many of these bills deal directly cial crime prosecution. the many food programs that have to with promoting jobs, which remains Moreover, with the Federal deficit be capped in spite of the numbers of the prevailing issue of so many Ameri- requiring our rigor, this mini bill people who are hungry in this country; cans. makes difficult cuts, but also provides the dumbing down of food resources, in Our colleagues are upset about the support for those most hurt by the cur- particular, as my colleague from Colo- quality of the free lunches that we pro- rent recession. Let me state for the rado mentioned, listing tomato paste vide. Well, we have more people in pov- record that the trillions of dollars of and french fries as vegetables; and then erty and getting free lunches because deficit being racked up in this country an issue that I hope that I will be able the Democrat-controlled Senate re- come from some pretty clear sources: to continue to work on with the U.S. fuses to work with the Republicans in first of all, two wars—the longest wars Department of Agriculture, and that is the House to set an environment where in American history, lasting over a food deserts, where there are pockets more jobs can be created and fewer peo- decade now; also, the cost of unemploy- in rural and urban centers where we ple would be dependent on food stamps ment to this economy caused by Wall have no food access, good healthy food, and be dependent on getting free break- Street malfeasance; and, finally, look- vegetables. fast and free lunches in the schools. ing back, the tax cuts for the rich en- But I am glad that the New Starts, My constituents understand the co- acted during the last Bush administra- under the transportation bill, includes lossal failure of the Obama stimulus tion that continue to rack up mount- the north and southeast lines for the bill and the general policies that ex- ing deficits every year. It’s very clear city of Houston, creating jobs, putting isted when the Democrats were in con- what’s happening to cause the deficits. people to work, and improving mobil- trol of the House for 4 years. My con- And then with the rising deficit, the ity, some $94,616,000. stituents understand that government cost of added interest is included in the b 1300 can create jobs only for more govern- debt total. ment bureaucrats. And those bureau- This bill meets the spending caps set I am also delighted that TIGER crats must justify their existence by in the Budget Control Act compromise grants are in at $500 million, but dis- creating more regulations that wind up and includes a clean continuing resolu- appointed in the community planning, killing more private sector jobs. tion to prevent a government shut- that we have lost some $830 million for The liberal Democrat elites in Wash- down, which would only further hurt community block grants, $1.6 billion ington keep asking for one Republican our economy. below the President. That’s where we jobs bill. Well, Mr. Speaker, we’ve With over 15 percent of Americans help rebuild communities and jobs. passed at least 20 jobs bills that help living in poverty now, our moral re- The Legal Services Corporation that the private sector—the only sector of sponsibility as a Congress must be to I’ve been a supporter of and actively our economy that can actually create help our fellow citizens weather this was on our local board, board of direc- real jobs through growth in their busi- storm—which they didn’t create. Thus tors, now has been reduced by $348 mil- nesses. this bill maintains funding for key pro- lion; but it has been reduced, which The liberals keep buying into the grams, such as for food for needy chil- creates what we call the justice gap. false theory that government will cre- dren and poor women who are preg- I also am concerned about providing ate millions of jobs. The reality is that, nant, for food commodities for food more developmental training for our unless we provide the private sector banks across this country that are law enforcement that covers our Fed- with an environment that is conducive strapped with rising need, and for food eral sectors. In particular, I am con- to job creation, jobs will be very hard sustainment for the unemployed. cerned about the police in the Supreme to come by. In particular, this bill includes lan- Court and the Chief of Police there, Mr. Speaker, Republicans have been guage, based on legislation I authored, and the concern for the lack of profes- listening to our constituents, and we’re to allow the FBI to hire hundreds of sionalism and the need for training. acting to provide private business own- new agents to fully investigate white- I believe that in the Capitol Police ers and entrepreneurs with the tools collar crime in the financial services scenario, there is an orderly process of that they need to create jobs. However, sector. People across Ohio, from Toledo the Chief, the Sergeant-at-Arms, and the bills we pass and send over to the to Cleveland, are hurting because of we work wonderfully together with Senate just sit there and nothing is the recklessness of Wall Street. Those these outstanding men and women. It’s done with them. who broke the law in order to get rich a shame for those who have to protect Mr. Speaker, we could reduce the at the expense of everybody else should the other body of government, the Su- number of children, again, on free and be prosecuted to the fullest extent of preme Court, to have individuals who reduced lunches by creating jobs and the law. I commend the conferees for do not recognize IDs, are not profes- getting people out of poverty in this including my language to help provide sional in their handling of their busi- country. That’s what we should be fo- the FBI with the necessary resources ness. And I will be raising this issue cused on right now. We could solve a to investigate those who are respon- with the Department of Justice and re- lot of the problems in this country by sible. lating it to the funding which I think doing that. I urge my colleagues to support the is necessary to either provide them With that, Mr. Speaker, I reserve the rule and the underlying bill, which is with more funding or to put more balance of my time. quite balanced despite the very dif- stringent guidelines in their hiring Ms. SLAUGHTER. Mr. Speaker, I am ficult choices that they had to make. policies and the way they train people. pleased to yield 3 minutes to the gen- Ms. FOXX. I continue to reserve the So I rise today to say that I am glad tlewoman from Ohio, a member of the balance of my time. that we will have the government open, Committee on Appropriations, Ms. Ms. SLAUGHTER. Mr. Speaker, I and that we have funded agriculture KAPTUR. yield 3 minutes to the gentlelady from programs, not at the best; we’ve funded Ms. KAPTUR. I thank the ranking Texas (Ms. JACKSON LEE). infrastructure. But we can do more. member, Congresswoman SLAUGHTER, Ms. JACKSON LEE of Texas. I thank And I believe we should not adhere to for her incredible work and rise today, the gentlelady from New York for her any cuts going forward, and I hope the

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.032 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7737 supercommittee will not do that. I ask Mr. NUGENT. Mr. Speaker, for pur- we’re already in. A balanced budget for support of the underlying bill. poses of debate only, I yield the cus- amendment is a vital part of doing just Ms. FOXX. Mr. Speaker, I would ad- tomary 30 minutes to the gentleman that. vise my colleague from New York that from Florida (Mr. HASTINGS) pending Yesterday, the United States sur- I have no requests for time. I do have which I yield myself such time as I passed $15 trillion in debt. Let me say some more comments that I will make may consume. During consideration of that again: we’re now $15 trillion in that I am reserving until a little bit this resolution, all time is yielded for debt. While recognizing this sad land- later in the time. the purpose of debate only. mark, I can’t help but think about the I continue to reserve the balance of GENERAL LEAVE fact that this didn’t have to be the way my time. Mr. NUGENT. Mr. Speaker, I ask it is. Ms. SLAUGHTER. I am prepared to unanimous consent that all Members In 1997, the House of Representatives close. have 5 legislative days to revise and ex- passed a balanced budget amendment. The SPEAKER pro tempore. The Unfortunately, the Senate failed to Chair recognizes the gentlewoman from tend their remarks. The SPEAKER pro tempore. Is there pass this amendment by one vote. One New York. vote, Mr. Speaker, one vote that would Ms. SLAUGHTER. Mr. Speaker, al- objection to the request of the gen- separate us from a road towards fiscal though I’m encouraged that we were tleman from Florida? responsibility to where we are today. able to reverse some of the most severe There was no objection. Mr. NUGENT. Mr. Speaker, I rise So here we go again, 14 years later, cuts proposed, I am disappointed that today in support of this rule, House our budget process has come to this, having the same debate. I can’t stand here today without $100 billion packed with provisions that Resolution 466. The rule provides for the House has never considered. There- consideration of what may be the very thinking about my three sons. With a fore, on process, I urge a ‘‘no’’ vote on single most significant piece of legisla- debt of $15 trillion, each of my boys the rule. tion that I’ve had the opportunity to owes over $48,000 in national debt. It I yield back the balance of my time. vote on since coming to this body over means the children and grandchildren Ms. FOXX. Mr. Speaker, the rule be- 10 months ago. of each and every person in this room fore us today allows us to proceed to This rule is what allows the House of owes $48,000 to the Federal Govern- the general debate of a bill that encom- Representatives to move forward and ment, $48,000 that they didn’t spend, passes three major appropriation meas- vote on H.J. Res. 2, a balanced budget that they didn’t ask for, and that they ures. I want to thank the conferees for amendment to the United States Con- now are saddled with by a government their work on this agreement. stitution. of excesses. As we move forward with the debate, My resolution that we’re considering Only one Senator stood between we must keep in mind the dire fiscal here today suspends the rules and al- where we are now and $15 trillion in situation that our country is in, and we lows the House to vote on H.J. Res. 2. debt and where we could have been. So must continue to work in a fiscally re- I’m sure that some of my colleagues today I stand up in support of this rule sponsible manner. may be concerned we’re moving to con- and support H.J. Res. 2. I stand up for With that, I urge my colleagues to sider the balanced budget amendment my kids, my future grandkids, and for vote for this rule. I yield back the bal- under suspension of the rules for fear it all Americans who are saddled with ance of my time, and I move the pre- would somehow limit debate. that $48,000 in debt from the day that vious question on the resolution. I agree with them. Amending the they’re born. The previous question was ordered. United States Constitution is not to be b 1310 The SPEAKER pro tempore. The taken lightly. This is why the rule pro- question is on the resolution. vides for 5 hours of debate on this vital I stand up for giving Congress a sec- The question was taken; and the issue, because, you see, Mr. Speaker, ond chance, a chance to get it right Speaker pro tempore announced that what we’re doing here today is some- this time. Unfortunately, I understand the ayes appeared to have it. thing that should be discussed, some- the Democratic leadership is whipping Ms. SLAUGHTER. Mr. Speaker, on thing that must be discussed. against this. that I demand the yeas and nays. We’re fundamentally challenging the Mr. Speaker, I don’t know how else The yeas and nays were ordered. way Washington works. And you know to say this. This simply baffles me. The SPEAKER pro tempore. Pursu- what? It’s about time. It’s about time Thanks to the whipping efforts of the ant to clause 8 of rule XX, further pro- we had real conversation about how Democratic leadership, there are Mem- ceedings on this question will be post- our Nation spends its money. It’s about bers in the House who voted for the poned. time that we made the Federal Govern- balanced budget amendment in 1997 f ment budget the way I did when I was who now say they’re going to oppose it. PROVIDING FOR CONSIDERATION a sheriff of a county in Florida. In fact, two members of the Democrats’ OF MOTIONS TO SUSPEND THE It’s about time that we balance the three-person leadership team voted for RULES Federal checkbook the way American the 1997 amendment. I’ve only been here in D.C., like I Mr. NUGENT. Mr. Speaker, by direc- families do every day. It’s about time. said, for a little over 10 months, but of tion of the Committee on Rules, I call That’s what I think and, more impor- up House Resolution 466 and ask for its tantly, that’s what the majority of the all of the inexplicable things I’ve seen immediate consideration. American people think. since coming to Congress, this just The Clerk read the resolution, as fol- The mere fact that we’re here today stumps me more than just about any- lows: is a failure of leadership. For decades, thing else I’ve seen here. What could these Members have been seeing be- H. RES. 466 Washington politicians have kicked Resolved, That it shall be in order at any the can down the road, choosing deficit tween 1997 and today that makes them time through the legislative day of Novem- spending over fiscal responsibility, say, Yeah, you know what? Spending is ber 18, 2011, for the Speaker to entertain mo- choosing frivolous pork projects, right on target. Let’s just stick with tions that the House suspend the rules, as wasteful programs, and easy answers the status quo. It’s dumbfounding. though under clause 1 of rule XV, relating to over making tough decisions and cut- It’s often said the definition of insan- the joint resolution (H.J. Res. 2) proposing a ting back. Republicans did it when ity is to do the same thing over and balanced budget amendment to the Constitu- they were in power, and Democrats did over and over again and expect a dif- tion of the United States. Debate on such a ferent outcome. I don’t understand how motion shall be extended to five hours. it when they were in power too. Nobody SEC. 2. The Chair may postpone further is blameless in getting us to where we anybody can argue that we can con- consideration of a motion considered pursu- are today. tinue to spend the way we do and ex- ant to this resolution to such time as may be But the days of finger-pointing are pect to free ourselves from this mon- designated by the Speaker. over. We don’t have the luxury of time strous, burdensome debt. We need to The SPEAKER pro tempore. The gen- to look back and play the blame game. break the cycle. We’ve got to hold Con- tleman from Florida is recognized for 1 We need to move forward and find a so- gress’ feet to the fire now and into the hour. lution to get us out of the hole that future. A balanced budget amendment

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.043 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7738 CONGRESSIONAL RECORD — HOUSE November 17, 2011 is the change away from the status quo They’ve been in the majority for Mr. Speaker, this unbalanced pro- and back to sanity. nearly a year now in the House of Rep- posal does not even include a clear en- I don’t think I can say it better than resentatives and have failed to put forcement mechanism. I asked about Congressman DEFAZIO said in his letter forth any kind of plan to create jobs that at the Rules Committee, and I got to his Democratic colleagues when he and improve the well-being of millions an answer that I still don’t understand. wrote that Democrats who walk away of Americans, unless you count re- Making the balanced budget a con- from sincere bipartisan effort will have affirming ‘‘In God We Trust’’ as the na- stitutional requirement means that let the American electorate down. If tional motto, weakening the Environ- budget disputes would be solved by any of us walk away from this effort, mental Protection Agency, or watering America’s court system. This body has we will have let all Americans down. down gun safety laws. already failed to pass a balanced budg- We’ve been working without a budg- I was here in 1995 when this body et when the power of the purse is al- et, this greatest Nation, for over 900 passed a balanced budget amendment. ready our constitutional obligation. days now. Continuing resolutions and And let us not forget that under Presi- How can we be expected to pass one debt ceiling increases are not the an- dent Clinton and, yes, Speaker Newt when each and every provision is also swer. Supercommittees and sequestra- Gingrich, we did manage to balance the subject to years of litigation? tion is not the answer. Enough’s Federal budget and leave a hefty sur- The Republican majority wants to enough. plus for President Bush. But then hand off our constitutional obligations Today we have a clear choice: wheth- President Bush and the Republican to the Federal courts that will have er you want to change the status quo Party squandered that surplus on two the power to raise revenue. No less an or you don’t; either you believe that wars. And people should never forget authority than Judge Robert Bork the government must operate respon- that. They squandered it on tax cuts made a statement regarding that. sibly on a balanced budget or you for the richest Americans, and they b 1320 don’t; either you want to rescue our squandered it on unpaid-for prescrip- He opposed a balanced budget con- Nation, ourselves, our children, and tion drug benefits, leaving a big old our children’s children from crippling stitutional amendment, declaring ‘‘the doughnut hole that we’ve been talking result would likely be hundreds, if not debt or you don’t. about ever since. I would like to close with the words thousands, of lawsuits around the Now the Republicans in this body are country, many of them on inconsistent of Ronald Reagan, who once said this: so extremist that they refuse to con- ‘‘The congressional budget process is theories and providing inconsistent re- sider any tax increases of any kind on neither reliable nor credible. In short, sults.’’ even the best off of us in America. In- it needs to be fixed. We desperately Celebrated late-Professor Archibald stead, they’re leaving it up to the need the power of a constitutional Cox of Harvard Law School predicted struggling middle class and poor people amendment to help us balance our ‘‘there is a substantial chance, even a to bear the burdens of the Republican budget.’’ strong probability, that Federal courts Now, that is presidential leadership. Party’s free-spending ways over the all over the country would be drawn With that, I encourage my colleagues last decade. And I wish I had the time into its interpretation and enforce- to vote ‘‘yes’’ on the rule, ‘‘yes’’ on the to really lay all of that out. ment.’’ underlying legislation, and I reserve In fact, Mr. Speaker, the Republican Since my friend used President the balance of my time. Party’s intransigence makes this Reagan, the former Solicitor General Mr. HASTINGS of Florida. Mr. amendment’s voting requirements par- to President Reagan, Professor Charles Speaker, I thank my friend for yielding ticularly unbalanced. This proposal re- Fried, has testified ‘‘the amendment the time, and I yield myself such time quires a two-thirds vote, 290 votes here would surely precipitate us into subtle as I may consume. in the House, to pass an increase in the and intricate legal questions, and the What we have before us today should debt ceiling. Do you know what the litigation that would ensue would be not be called the balanced budget definition of insanity is, as said by my gruesome, intrusive, and not at all edi- amendment. What it should be called is friend? Repeating the same thing over fying.’’ the unbalanced budget amendment be- and over again. And real crazy insanity The former Attorney General to cause that is what this bill is—unbal- is just doing it over and over and over President George H. W. Bush, William anced. It upends prudent fiscal policies, and over again and expecting the same Barr, opined that judicial power could makes a mockery of congressional au- result. Or as Ronald Reagan put it, be invoked ‘‘to address serious and thority, and does nothing to address ‘‘There you go again.’’ clear-cut violations.’’ the economic struggles of millions of The Republican majority wants to The Republican majority wants to Americans. enshrine in the Constitution a perma- hand off our constitutional obligations This proposed amendment no more nent hostage crisis for our economy. to these courts that will then have the balances the budget than passing legis- This supermajority requirement for power to raise revenue, impose taxes, lation to declare the tooth fairy as basic economic management will en- cut spending, and reform major govern- real. Saying it out loud doesn’t make it sure that we will, on a regular basis, ment programs. true. What this proposal says, instead, bring our economy to the brink of col- I guess, if that’s the case, we can all is that Congress needs to enact legisla- lapse. Just look at the Republican’s just go home now, Mr. Speaker. tion that balances the budget. It performance over the debt ceiling vote. This body has previously considered doesn’t tell us how to do it, just what I don’t have any confidence that they’ll balanced budget amendments on nu- we must do. act rationally just because there’s a merous occasions, initiated by both Well, if we could do that, Mr. Speak- constitutional amendment telling Democrats and Republicans. The ma- er, we wouldn’t need a constitutional them to do so. That is why this pro- jority party has always ensured suffi- amendment telling us to do it, would posal is unbalanced. cient floor time for debate and to allow we? If Congress could enact legislation By mandating so many onerous, the minority to offer alternatives; but that balanced the budget, it could do supermajority votes, this amendment here we are in a situation where the that without a constitutional amend- guarantees permanent gridlock in the proposal before us was never marked ment requiring a balanced budget. budgeting process. And without the in- up in committee, never had a hearing, Merely imposing a mandate within the clusion of a general emergency waiver, and, in fact, was drafted late this past Constitution does not mean that Con- this amendment imperils our national Thursday night by some mysterious gress will be able to fulfill it. security. Let me repeat that. Without tweaking of H.J. Res. 1 that became With this kind of circular reasoning, the inclusion of a general emergency H.J. Res. 2. This version was changed we could go back and forth until the waiver, this amendment imperils our in secret and was filed with last- next election and never have to spend national security by creating a sce- minute surprises that fundamentally one more minute on creating jobs to nario in which Congress cannot agree changed the nature of the legislation improve the economy. But that is ex- whether or not to vote on funding for and will come under a procedure that actly what my colleagues on the other national emergencies such as a mili- doesn’t even allow a motion to recom- side want. tary conflict. mit.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.037 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7739 This is no way to amend the Con- gentleman from California, the chair- My friend was talking about the fact stitution. man of the august Rules Committee, that we had two wars. We’ve got to re- By all means, Mr. Speaker, if we Mr. DREIER. member that it took literally billions want to balance the budget, let’s not (Mr. DREIER asked and was given and billions of dollars to deal with na- do it on the backs of the hardest hit in permission to revise and extend his re- tional security issues, like establishing America. I don’t need a constitutional marks.) the Department of Homeland Security amendment to tell me that balancing Mr. DREIER. Mr. Speaker, I want to and many other things that were very, the budget without raising taxes on begin by expressing my appreciation to very costly; but what I found, Mr. those of us who are best off in this both of my friends from Florida who Speaker, is that we were able to bal- country is unbalanced. serve on the Rules Committee. ance the Federal budget without touch- Where Americans need the Federal This is a very, very important de- ing that inspired document, the U.S. Government to support the economy, bate. It’s a debate that we haven’t had Constitution. Republicans are trying to strangle it. since January of 1995, which is the last Now, James Madison in Federalist Where Americans need us to put poli- time that the House of Representatives No. 58, I believe, gave the real descrip- tics aside, Republicans are bringing had a vote on the issue of a balanced tion of the power that lies here in the forward legislation written in secret. budget amendment to the U.S. Con- House of Representatives. He said that Where Americans need this Congress to stitution. the power over the purse is the most focus on economic issues, Republicans Back in 1995, when we had just won complete and effectual weapon that are insisting that we vote on God and our majority, Mr. Speaker, I was one of can empower any group of elected rep- gays and guns. We don’t need to be vot- the enthusiastic supporters, one of the resentatives of the people. ing on God and gays and guns. What we two-thirds of the House of Representa- We in this institution, Mr. Speaker, need are some guts to tell the Amer- tives who voted in favor of the con- have the power of the purse. We have ican people that, yes, we can do this stitutional amendment requiring a bal- the power of the purse, and we proved and that we can’t wait any longer for anced budget. I felt very strongly at in the late 1990s that we have the will those who are waiting for us to create the time that as we looked at the fiscal to balance the Federal budget without jobs. challenges that we as a Nation faced touching that inspired document, the Now the Republican majority wants that the only thing that we could do to U.S. Constitution. Those were the to pass a constitutional amendment to achieve a balanced budget would be to words of James Madison in Federalist tell us that we have to balance the have an amendment to the U.S. Con- No. 58, that the power over the purse is budget every year in a way that no in- stitution that would call for that. the most complete and effectual weap- dividual, State or local government or Mr. Speaker, I have changed my on that elected representatives have. business does: no borrowing, no trust mind. I have changed my mind, and I b 1330 funds, no way to plan for long-term will be voting against the constitu- Now some people point to Thomas projects like highway construction, na- tional amendment calling for a bal- Jefferson who famously, in a letter to tional defense, and public schools. anced budget. John Taylor written November 26, 1798, This amendment guarantees budg- Now, this is not something that I talked about how it was essential for etary gridlock forever and moves budg- have done lightly. My friend from us to have a single amendment to the et decisions to the Federal courts, not Spring Hill was absolutely right when Constitution that would call for a bal- to Congress. This proposed amendment he said that looking at the tough chal- anced budget. Well, I’ve got to say, Mr. locks into the Constitution the most lenge of amending the Constitution is Speaker, it appears that Thomas Jef- far right of the Republican Party’s something that needs to be addressed; ferson obviously learned something as policies, forcing future generations to but I will say that I agree with a num- well, because 5 short years later, in the reap the pain imposed by the callous ber of the arguments that were put for- third year of the first term of his Presi- disregard for the least among us—the ward by my friend from Fort Lauder- dency, he embarked on the largest def- ones who need the most help. dale and with a lot of the arguments icit expenditure to take place since the Mr. Speaker, as of yesterday, there put forward by my friend from Spring Revolutionary War. It was not a war were 273 national organizations that Hill. At the end of the day, I concluded expenditure. It was not any kind of oppose H.J. Res. 2, the balanced budget that we should not amend the U.S. emergency expenditure. It was the 1803 amendment. It’s too lengthy to place Constitution in calling for a balanced Louisiana Purchase. And that was a de- into the RECORD or to put forward, but budget. cision that Thomas Jefferson made some of them are among the most cele- I said I’ve changed my mind, and I that most of us inferred led to a change brated organizations in our country. am reminded of a statement that was in his position from the November 1798 I also would recommend to the mem- made by our former colleague, the letter that he wrote to John Taylor. bership an article written by the Amer- mentor of our friend JEB HENSARLING, As we look at some of the other argu- ican Constitution Society for Law and who is working tirelessly to ensure ments—my friend from Fort Lauder- Policy, a nonpartisan group that dis- that we get our fiscal house in order dale went through the Fried, Barr, Ar- cusses how unnecessary this particular with the work of the Joint Select Com- chibald, Bork arguments on the court. provision is, and it ends with the fol- mittee. His mentor was Phil Gramm— I think it’s important for us to look at lowing paragraph: a Democrat, then a Republican—who not just that part of it, but we also The threat a balanced budget amend- served in the House and the Senate. need to look at the enumerated powers ment would pose to our constitutional Phil Gramm once said that ours is one provision in the U.S. Constitution. I order is unavoidable. Congress, of job where you can never admit to hav- believe that not only could we create, course, remains free to enact a bal- ing learned anything. as these brilliant jurists said, a real anced budget if it believes this is sound Mr. Speaker, I believe that I’ve problem within the court structure, economic policy. It also remains fully learned something, and I’d like to take but what we create is a transfer of equipped to institute effective controls just a few minutes to explain why it is power from the first branch to the to ensure restraint and balance in the that I’ve come to the conclusion that I third branch of government, something budgeting process. Therefore, there is have. that is completely contrary to Article no sufficient reason to incur the dra- I said at the outset that I believed I, section 7 of the U.S. Constitution, matic risks that the balanced budget when I cast that vote in January of where the power lies right here in the amendment would entail for our Con- 1995 in favor of a balanced budget United States House of Representa- stitution and our Nation. amendment to the Constitution that it tives. Why? Because most have said This is not a balanced budget amend- was the only way that we would be able that if we were to get into these pro- ment, Mr. Speaker—but it is an unbal- to achieve a balanced budget. I was tracted legal battles, this could end up anced one. wrong. Two short years later, we bal- in the court, and we could have, several I reserve the balance of my time. anced the Federal budget. We balanced years from now, a court deliberating Mr. NUGENT. Mr. Speaker, I yield the Federal budget, and that went on over a budget that had passed, again, such time as he may consume to the for several years. It went on until 2001. literally years before.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.038 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7740 CONGRESSIONAL RECORD — HOUSE November 17, 2011 So, as we look at these arguments, trillion debt and now multitrillion-dol- So this balanced budget amendment— Mr. Speaker, I will tell you that I will lar deficits. We’re not going to do it that’s why we’re out here debating a take a backseat to no one when it overnight. But we have to get ourselves rule on a job-destroying, poorly comes to our commitment to get our on that road, and I’m convinced that thought-out amendment to the Con- fiscal house in order. I do happen to be- we can. And I don’t think that amend- stitution. This House is considering an lieve that our former colleague Jack ing the Constitution is going to do any- amendment to the Constitution that Kemp was right when he said we thing to help us get there. did not go through the regular order, is shouldn’t have to worship at the altar So I do support the rule, and I think not even the product of any committee of a balanced budget; but we all know the rule—by the way, I should say to debate. It has not been an open and that with this $15 trillion figure that my friend—is one that was used when thoughtful process. my friend from Spring Hill pointed to, the Equal Rights Amendment passed Mr. Speaker, the job of this Congress we need to do everything we can to re- the House of Representatives. The ar- at this time should be creating jobs. duce that debt and our annual deficit. gument was made that somehow hav- For 11 months, the Republicans have But it’s important for us to focus on ing this done under suspension of the talked about it but have done nothing. economic growth. And that’s why I rules is not fair. There’s going to be 5 Now, instead of wasting the people’s congratulate those on the Joint Select hours of debate. There’s going to be an time with this doomed and irrespon- Committee who are working on that, opportunity to do this. sible constitutional amendment, we and I believe that that’s something I’ve had the opportunity to say my should deal with this country’s serious that we need to do. peace. I know that I’m in the minority economic concerns, one of which is the But having a balanced budget does in my party. I know that there’s not a Chinese currency manipulation and not guarantee job creation and eco- lot of enthusiastic support on my side. how it hurts American businesses and nomic growth. Yes, of course having a I know that there are many Democrats our workers. It’s time for this House to degree of fiscal solvency goes a long who are going to be supporting the vote on the Currency Reform for Fair way towards generating a climate that amendment to this. So we are going to Trade Act. can make that happen; but we need to have a chance to discuss these as we The Speaker needs to stop standing have pro-growth economic policies, and move through today and tomorrow. in the way of this important legisla- fiscal restraint is only one of those I do support the rule and the work of tion. We’ve been discussing this issue tools. That’s why I believe that, as we the Rules Committee. We’ve worked with the Government of China for more look at the challenges that lie ahead, I long and hard on this. But at the end of than 8 years. American manufacturers don’t want to say to the American peo- the day, I have come to the conclusion should not be forced to compete ple that I’m going to protect you from that I have. against a 28 percent discount on im- your future leaders that you are going With that, Mr. Speaker, I thank my ports from China, all because of Chi- to elect. friend for yielding. na’s predatory currency practices. This The American people deserve the Mr. HASTINGS of Florida. Mr. legislation will help to provide mean- Congress that they elect. I personally Speaker, I yield myself such time as I ingful relief to U.S. companies and our think they deserve better than some of may consume. workers who are injured by the cur- what we have had here over the past I wish to compliment the chairman rency manipulation of China. several years. Right now we all know of the Rules Committee. This is a bipartisan measure. The we’ve got a 9 percent approval rating. Mr. DREIER. Will the gentleman China currency bill passed the House But the American people cannot have yield? last year with a strong majority of Re- Representatives who say, We are going I don’t want to get into any more publicans. The majority of the House to say to you that you can’t have the trouble than I already have. So if the has cosponsored this bill, including 62 leaders that you elect do what you gentleman could withdraw his com- Republicans, and we can’t get it up. think is right. Maybe there is another pliment, I would be very appreciative b 1340 Louisiana Purchase out there, and that of that, Mr. Speaker. decision is something that should be Mr. HASTINGS of Florida. I am de- The Senate has already passed a made by leaders. lighted to withdraw the compliment. similar bill with a strong bipartisan I believe in very carefully amending What I wanted you to be able to do, vote. The Speaker is the one who has the Constitution. And I will say that I since you had become so enlightened his foot on it because he’s got his foot have always been troubled by some about the balanced budget amendment, on the Rules Committee, and they who argue that the level of your com- was to be equally enlightened with ref- won’t bring it out. mitment to a public policy issue is erence to the rules and allow us a mo- American workers expect every one based only on your willingness to tion to recommit. of us on both sides of this aisle to fight amend the Constitution to implement Mr. Speaker, if we defeat the pre- against China’s predatory trade poli- it. Well, I think that’s silly. I think vious question, I am going to offer an cies and to fight for American workers. that’s ridiculous. I think that someone amendment to the rule to provide that We should be fighting for the American can be passionately committed to an immediately after the House adopts economy rather than pandering to the issue like saying we shouldn’t burn the this rule, it will bring up H.R. 639, the Republican base with this terrible at- American flag and yet be willing to say Currency Reform for Fair Trade Act, tempt to use the Constitution as a par- it shouldn’t be enshrined in the U.S. which will help create jobs in the tisan playground and a way to hide Constitution. I feel the same way about United States by making American- from the American people that we’re the issue of a balanced budget. manufactured products more attractive not doing what they sent us here to do, I’m proud to have voted to bring to Chinese consumers. which was to create jobs. about these kinds of spending cuts. I’m At this time, I am pleased to yield 3 Mr. NUGENT. Mr. Speaker, I yield 2 proud to have done everything possible minutes to my good friend from the minutes to the gentleman from South to try to reduce the size and scope and State of Washington (Mr. MCDERMOTT). Carolina (Mr. SCOTT), a Rules Com- reach of the Federal Government. I do (Mr. MCDERMOTT asked and was mittee member. think that a lot of work has to be done. given permission to revise and extend Mr. SCOTT of South Carolina. Let And my friend from Spring Hill, again, his remarks.) me first thank Sheriff NUGENT from correctly pointed to the fact that both Mr. MCDERMOTT. Mr. Speaker, Florida. Sheriff, you’re doing a fan- sides have responsibility for increases today we have another triumph for the tastic job with this rule, and I thank in spending. But I think we can come Republican public relations office. you for leading this important debate. together. I think we can have the will Their job is to hide the fact that the Mr. Speaker, I would like to ask a to do this. select committee of 12 isn’t going to simple question of my friends who op- Even if we pass a balanced budget get anything done and their members pose the whole concept of a balanced amendment to the Constitution, we all are going home for Thanksgiving. But budget amendment: What makes us, know very well we’re not going to bal- what will they talk about? A failure? the Federal Government, any different ance the budget overnight with a $15 No. They want to give them something. than the State and local governments

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.040 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7741 who have to abide under a simple bal- cuts for the rich, and you don’t put two It’s a fact that China’s currency ma- anced budget concept? But more impor- wars on your credit card. You certainly nipulation is hurting U.S. businesses tantly, what makes us any different don’t do those two things at the same and workers. According to a recent than the 74 percent of Americans in a time. But that’s exactly what the Re- study, imports from China account for CNN poll who simply say a balanced publicans did, and they drove this 25 to 50 percent of the manufacturing budget amendment is in the best inter- economy into a ditch with unpaid tax jobs we have lost over the past decade. ests of the citizens of this country? cuts and unpaid wars. And now they That’s 1 million to 2 million jobs, and Simply put, Washington needs to want to amend the Constitution with a our trade deficit with China continues stop this runaway train of spending. So balanced budget amendment. You’ve to grow. often, too often even, it seems that this got to be kidding. An important factor in this picture is town has lost sight of the fact that tax- What’s worse, the Republican leader- currency manipulation. American payer dollars don’t just appear from ship has decided to break their trans- manufacturers are forced to compete some magical piggy bank but rather parency pledge. Not only are they against an estimated 25 percent dis- are paid by hardworking American thumbing their nose at their own rules, count on imports from China due to families. We have a duty to spend these they are actually bringing a bill to the that manipulation. That’s on top of dollars wisely. And, unfortunately, in floor that has never been read, amend- China’s massive subsidies and other this town that simply doesn’t happen ed, or voted on in a committee. That’s policies. very often at all. The last 3 years, not right, Mr. Speaker. Despite all of their Dr. Fred Bergsten, who heads the the last 30 years, not the last three rhetoric, this balanced budget amend- Peterson Institute, says that elimi- decades, but the last 3 years we have ment was never marked up in com- nation of China’s undervalued currency seen the largest increase in the debt of mittee. And, even worse, it was would create a million jobs mainly in this Nation, in the history of this Na- changed without a vote before it came manufacturing, and that manipulation tion, and it is very clear that a con- to the Rules Committee. Even though is by far the largest protectionist stitutional amendment is the strongest there has been no official consideration measure adopted by any country since option we have today to ensure that of this specific bill by the Judiciary the Second World War—and probably in this doesn’t happen again. Committee, something this new Repub- all history. How can we expect to create a proper lican Congress promised to do, the Meanwhile, the Chinese government environment for job creation when we sponsor of this bill had the audacity to is pushing production of high-end man- can’t even keep the Federal Govern- say that this bill and the changes made ufacturing products that compete head ment’s checkbook in balance? How in the dark of night were supported by on with American products—high-tech does the current administration think the committee. products, solar panels, wind turbines, we can continue to force small busi- And if this process weren’t bad automobiles, aircraft, and others. nesses to completely revamp their enough, these changes actually allow This is a bipartisan measure. A ma- budgets under an onslaught of burden- war funds to be exempt from the bal- jority of the House, 230 Members, have anced budget amendment. These wars some regulations while Washington cosponsored the bill, including 62 Re- have gone on too long, and they should does not have to do the same thing? publicans. The time has come for ac- be paid for. They should have been paid The SPEAKER pro tempore. The tion. Eight years of talk have yielded for from day one. That’s a mistake we time of the gentleman has expired. meager results. American workers and should learn from instead of repeating. Mr. NUGENT. I yield the gentleman businesses cannot wait any longer, and We have already spent $1.3 trillion on an additional 30 seconds. the U.S. economy cannot wait any the wars in Iraq and Afghanistan. Mr. SCOTT of South Carolina. It sim- longer. The time is now for action. That’s $1.3 trillion that’s unpaid for, ply doesn’t make sense. We should get Defeat the previous question. $1.3 trillion on our grandchildren’s this work done. We should get this Mr. NUGENT. I continue to reserve fixed today. I will say as part of the credit cards. Mr. Speaker, I oppose these wars. I the balance of my time. majority-making class of 2010, with 86 want them to end now. But if you sup- Mr. HASTINGS of Florida. Mr. out of the 87 freshmen on the Repub- port them, the least you can do is pay Speaker, would you be kind enough to lican side supporting some form of the for them. And yet the Republicans are tell me how much time remains on balanced budget amendment, we should repeating their same mistakes. And I each side? move forward now. The American peo- shouldn’t be surprised. This is the The SPEAKER pro tempore. The gen- ple demand it, and they should get it. party that decries government spend- tleman from Florida (Mr. HASTINGS) Mr. HASTINGS of Florida. Mr. ing, but turns to FEMA with out- has 9 minutes remaining. The gen- Speaker, my friend on the Rules Com- stretched hands in times of need. This tleman from Florida (Mr. NUGENT) also mittee, the gentleman from Massachu- is the party that says the Recovery Act has 9 minutes remaining. setts (Mr. MCGOVERN), I’m sure has doesn’t work, but shows up at ribbon Mr. HASTINGS of Florida. Thank views that are similar to mine. I yield cuttings for projects paid for by the you very much, Mr. Speaker. to him 31⁄2 minutes at this time. Recovery Act. And now this is the I am very pleased to yield 2 minutes Mr. MCGOVERN. Mr. Speaker, my party that says we should balance the to my good friend, the gentlewoman friends on the other side of the aisle budget, but we shouldn’t pay for the from Ohio (Ms. KAPTUR). claim to be about fiscal prudence; that wars that increase our debt. b 1350 they are here to get our fiscal house in Mr. Speaker, the fiscal hypocrisy Ms. KAPTUR. I thank my able col- order; that a balanced budget amend- takes my breath away. This is a bad league from Florida, Congressman HAS- ment is the only way to do so. Once bill being brought up under a bad proc- again, Mr. Speaker, my friends on the ess. Vote ‘‘no’’ on the rule and vote TINGS, for yielding and rise in support other side of the aisle are wrong. The ‘‘no’’ on the bill. of Congressman CRITZ’s effort here to right way to balance the Nation’s Mr. NUGENT. I reserve the balance focus attention on this whole issue of budget is by making good, solid, smart of my time. Chinese currency manipulation. When policy, something the Republicans Mr. HASTINGS of Florida. Mr. Congress passed permanent most-fa- have proven to be incapable of over the Speaker, I am very pleased to yield 2 vored-nation status with China over past decade. minutes to the distinguished gen- my objection, we were told by sup- President Bush was handed a gift by tleman from Michigan, the ranking porters of the agreement that trade President Bill Clinton. He was given a member of the Committee on Ways and with China would create jobs, more budget surplus. And instead of crafting Means, Mr. LEVIN. economic opportunity and trade sur- a smart, long-term fiscal plan, he blew (Mr. LEVIN asked and was given per- pluses for our country. Well, if you it in a couple of big spending sprees in mission to revise and extend his re- look at the numbers, you’ll see since the first few months of his term, with marks.) that was passed what’s happened is a lot of help from congressional Repub- Mr. LEVIN. Mr. HASTINGS has indi- we’ve got more and more and more and licans. Let me be as clear as I can be. cated that if we vote down the previous more trade deficits every year, totaling You don’t squander a surplus on tax question, we will bring up H.R. 639. in 2010 over $273 billion. With Chinese

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.044 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7742 CONGRESSIONAL RECORD — HOUSE November 17, 2011 currency manipulation, that’s almost licans are cosponsors of this bill. Four ward if we vote ‘‘no’’ on the previous an inflated number because it would be months ago, I brought a discharge peti- question, and then we can begin to help cut in half, it would be cut substan- tion, which is now just 30 signatures create jobs. And we might say to the tially if goods were marked to their shy of forcing this bill to the floor. It supercommittee that we thank you for true value, not their inflated value. needs Republican help. I’m imploring your service, but we can go into 2012 China has never opened up its mar- the Speaker to bring this bill to the deliberatively and thoughtfully look- ket. That’s why we get these huge floor of the House. ing at a plan that raises revenue and trade deficits. And they aggressively This is so important. As Congress- cuts the areas that do not leave the use government intervention through man LEVIN said earlier, we’re talking vulnerable along the highway of de- currency manipulation to rig the mar- about jobs. I did a telephone town hall spair. kets. We know they’re the largest in- last evening. The topic of discussion I support Mr. CRITZ’s effort. I want to tellectual property thief, they counter- was jobs. Everyone wants to know move beyond the supercommittee and feit their goods, and they use indus- when are we going to put our heads to- fund this government and create jobs trial policy to promote and protect gether and work to get this country in the way that the people elected us to Chinese industries at the expense of back to work? Milling jobs. Manufac- do. American jobs and factories. Some call turing jobs. This is an issue that every- Mr. NUGENT. I continue to reserve these tactics market Leninism because one knows about and everyone can the balance of my time. we see state-managed capitalism in agree on. We just want to level the Mr. HASTINGS of Florida. Mr. China locking down on industry after playing field. This is giving this coun- Speaker, I would advise my friend from industry. try the teeth it needs to go after coun- Florida that I am going to be the last Regions like the one I represent in tries such as China that manipulate speaker, and if he is ready to close, I northern Ohio have been especially their currency and hurt American will go forward doing same. hard-hit as production shifted from the manufacturing companies. Mr. NUGENT. Yes. coasts of the Great Lakes to the shores This is about locking arms with the Mr. HASTINGS of Florida. I thank of China. We can see this draining of American public and moving forward. the gentleman. wealth from the United States. Last So I urge those Republicans, those 62 Mr. Speaker, this unbalanced amend- year, our trade deficit again was over a that are on H.R. 639, anyone can see ment does not belong in our Constitu- half-trillion dollars globally, and with those names, anyone can call and say, tion. It enshrines far-right ideology China, they had over half of that trade you need to support this bill. You need and makes a mockery of congressional deficit. to support the discharge petition, get authority to set forth the Nation’s fis- If you look at the trade data, we’re on it, let’s talk about this. You can’t cal policy. This hardly belongs in the on track to send at least as many jobs hide behind the Speaker any longer. same company as freedom of speech, to China this year. You can see the We’re going to continue this fight day the abolition of slavery, and a woman’s jobs being shipped to China in every in and day out, week in and week out. right to vote. This proposal does not community in this country. Even scrap I urge defeat of the previous question balance the budget; it only demands metal is being sent over there, for so that we can talk about jobs for the that Congress do so, and yet it does not heaven’s sake. American people. provide a mechanism to enforce that Economists tell us that every trillion Mr. NUGENT. I continue to reserve rule. dollars in trade deficit translates into the balance of my time. So in a situation of partisan grid- 14,000 lost American jobs. If we could Mr. HASTINGS of Florida. Mr. lock, the Federal budget might very get the currency manipulation issue Speaker, I am very pleased to yield 2 well end up in the courts. This is no solved, we could bring some of those minutes to my good friend from Texas way to govern. If this Congress could jobs back to this country. (Ms. JACKSON LEE). balance the budget, we wouldn’t need a It’s time for China to play on a level Ms. JACKSON LEE of Texas. I thank constitutional amendment to tell us to playing field. the distinguished gentleman from Flor- do so. But the fact remains that the Mr. NUGENT. Mr. Speaker, I just ida. Republican majority has steadfastly want to make sure that everybody that Mr. Speaker, the underlying resolu- failed to set forth legislation that will may be watching this at home under- tion has to do with a balanced budget create jobs and grow this economy. stands we are talking about a balanced amendment, which most Americans Given their inflexibility, a balanced budget amendment. might say ‘‘yea’’ to, but this is a deja budget constitutional amendment I continue to reserve the balance of vu because we debated this so many hardly seems like the magic wand Re- my time. years ago, and it was found that a bal- publicans claim it will be. This Con- Mr. HASTINGS of Florida. I would anced budget amendment for the Fed- gress needs to be serious about the real have my friend to know that we also eral Government will not work with all causes of economic hardship in this are talking about the previous ques- of the restraints and necessities of country. Focusing on God, gays, and tion, for which at this time I am serving the American people. guns and not having the guts to tell pleased to yield 2 minutes to the dis- But Mr. CRITZ’s bill and the idea of people we’re not doing anything to cre- tinguished gentleman from Pennsyl- correcting the currency manipulation ate jobs, that isn’t going to keep people vania (Mr. CRITZ). of China will work. It will create jobs. in their homes, and it isn’t going to Mr. CRITZ. I thank the gentleman The World Trade Organization cannot help Americans obtain quality health from Florida for yielding. help. All the negotiations with China care and education. Mr. Speaker, I had prepared remarks will not help. I would love for them to These are the critical issues facing that I was going to talk about to defeat stand up and be counted in the world our Nation. Wasting our time—and this previous question so that we could family so that we can continue to that’s exactly what this is, it’s going bring the Chinese currency manipula- churn the economy, which all of us nowhere fast—wasting our time with tion bill to the floor. But we’ve been would benefit from. But as the euro political gimmicks like an unbalanced talking about this on a weekly basis. crumbles and possibly the dollar will constitutional amendment is just that, We’ve been talking about this on the step in—I opposed the euro many years wasting our time. floor of the House on a weekly basis. ago—we’ve got to get a currency that Mr. Speaker, I ask unanimous con- And I think back to 10 months ago responds to all of us. Decent pay for a sent to insert the text of my amend- when Speaker BOEHNER made the state- decent day’s work—that does not hap- ment to the rule in the RECORD along ment that the House works best when pen when you have a manipulation of with extraneous material immediately it’s allowed to work its will. product cost so that some products are prior to the vote on the previous ques- This same bill passed the House last so much cheaper than the ones made tion. year overwhelmingly. A similar bill by Americans. The SPEAKER pro tempore. Is there passed the Senate earlier this year We are not envious, and we are not objection to the request of the gen- overwhelmingly. This bill has broad bi- jealous, but this resolution or Mr. tleman from Florida? partisan support. Sixty-two Repub- CRITZ’s bipartisan effort can move for- There was no objection.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.048 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7743 Mr. HASTINGS of Florida. Mr. After 10 months in Congress, I’m con- mit with or without instructions. If the Speaker, I urge my colleagues to vote vinced that there are not enough peo- Committee of the Whole rises and reports ‘‘no’’ and defeat the previous question ple in Washington with the determina- that it has come to no resolution on the bill, so we can debate and pass real jobs leg- tion, the dedication, nor the fortitude then on the next legislative day the House shall, immediately after the third daily islation today, not little old stuff that to make the tough decisions for the order of business under clause 1 of rule XIV, is appealing to the right wing of the good of this country. The Constitution resolve into the Committee of the Whole for people who are pushing nothing more has saved us in the past, and it can further consideration of the bill. than symbolism and talking about it save us in the future. A balanced budg- SEC. 4. Clause 1(c) of rule XIX shall not being in our United States Constitu- et amendment would give Americans a apply to the consideration of the bill speci- tion. I urge a ‘‘no’’ vote on the rule, reason to believe that more efficiently fied in section 3 of this resolution. and I yield back the balance of my and effectively than any other proposal time. I’ve heard of. One of the things I hear consistently (The information contained herein was b 1400 back home is that you all have made provided by the Republican Minority on mul- Mr. NUGENT. Mr. Speaker, I want to decisions in Congress that have put us tiple occasions throughout the 110th and 111th Congresses.) thank my good friend from Florida for so far into debt. Our unborn children a lively debate. The issue, though, that are facing a debt of $48,000 for every THE VOTE ON THE PREVIOUS QUESTION: WHAT has sort of gotten muddled is about a child who’s born this year. How can we IT REALLY MEANS balanced budget amendment, not about stand up and look at people and say anything else that you’ve heard about This vote, the vote on whether to order the this Congress can fix it on its own? previous question on a special rule, is not on the floor. It is about a balanced How can we look people in the eye and merely a procedural vote. A vote against or- budget amendment. say, You know what. Just give us an- dering the previous question is a vote But just to remind everybody, when other chance; we’ve done so well over against the Republican majority agenda and we talk about jobs, we’ve passed over the last 30 years. a vote to allow the opposition, at least for 21 jobs bills that are currently sitting I don’t believe that the American the moment, to offer an alternative plan. It idle in the Senate. So I don’t know people believe that we can do that, and is a vote about what the House should be de- what else you can do, except it gets I think that’s why they’re asking for bating. kind of frustrating that we send great fundamental changes. I think it’s why Mr. Clarence Cannon’s Precedents of the pieces of legislation over to the Senate they’re asking us to step forward and House of Representatives (VI, 308–311), de- and nothing happens. do the right thing, Mr. Speaker, not scribes the vote on the previous question on We’ve heard a lot of debate here kick the can down the road anymore. the rule as ‘‘a motion to direct or control the consideration of the subject before the House about a balanced budget amendment, I have the utmost respect for our pros and cons. You’re going to hear 5 being made by the Member in charge.’’ To chairman and for my good friend from defeat the previous question is to give the hours of debate in the very near future Florida (Mr. HASTINGS), but I ada- opposition a chance to decide the subject be- about the pros and cons of a balanced mantly disagree. I think that we’ve fore the House. Cannon cites the Speaker’s budget amendment. had a change in government because ruling of January 13, 1920, to the effect that This Congress has done things that there’s a necessary need for a change in ‘‘the refusal of the House to sustain the de- are amazing. We used emergency fund- government. I think that you can’t mand for the previous question passes the ing to fund the census. Now, I know the continue to do the status quo, because control of the resolution to the opposition’’ census probably snuck up on everybody if we do, we’re just going to wind up $15 in order to offer an amendment. On March 15, 1909, a member of the majority party of- around here, but I don’t understand trillion in debt today, $20 trillion in why you had to use emergency funding fered a rule resolution. The House defeated debt 2 years from now. When does it the previous question and a member of the to do that. end, Mr. Speaker? opposition rose to a parliamentary inquiry, You know, we talk about the Clinton So I encourage my colleagues on both asking who was entitled to recognition. years. We talk about budget surpluses sides of the aisle to support this Speaker Joseph G. Cannon (R–Illinois) said: and how quickly they disappeared. But strongly bipartisan legislation. ‘‘The previous question having been refused, remember one thing: Part of the Clin- The material previously referred to the gentleman from New York, Mr. Fitz- ton surpluses also hollowed out our by Mr. HASTINGS of Florida is as fol- gerald, who had asked the gentleman to force, which required us to put our lows: yield to him for an amendment, is entitled to the first recognition.’’ servicemen and -women at risk for way AN AMENDMENT TO H. RES. 466 OFFERED BY MR. too long. Some of them weren’t allowed HASTINGS OF FLORIDA Because the vote today may look bad for the Republican majority they will say ‘‘the to retire through stop-loss, and others At the end of the resolution, add the fol- vote on the previous question is simply a had to serve 15 months in combat posi- lowing new sections: vote on whether to proceed to an immediate tions because we had hollowed out our SEC. 3. Immediately upon adoption of this resolution the Speaker shall, pursuant to vote on adopting the resolution . . . [and] force. has no substantive legislative or policy im- Patrick Henry once said the Con- clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole plications whatsoever.’’ But that is not what stitution is not an instrument for the they have always said. Listen to the Repub- government to restrain the people; it’s House on the state of the Union for consider- ation of the bill (H.R. 639) to amend title VII lican Leadership Manual on the Legislative an instrument for the people to re- of the Tariff Act of 1930 to clarify that coun- Process in the United States House of Rep- strain the government. Today we start tervailing duties may be imposed to address resentatives, (6th edition, page 135). Here’s building upon those restraints. A bal- subsidies relating to a fundamentally under- how the Republicans describe the previous anced budget amendment is more of an valued currency of any foreign country. The question vote in their own manual: ‘‘Al- first reading of the bill shall be dispensed though it is generally not possible to amend instrument to check bloated govern- the rule because the majority Member con- ment, a government that wants to be with. All points of order against consider- ation of the bill are waived. General debate trolling the time will not yield for the pur- everything to everyone. pose of offering an amendment, the same re- Today we’re borrowing 40 cents on shall be confined to the bill and shall not ex- ceed one hour equally divided and controlled sult may be achieved by voting down the pre- every dollar we spend. We’re writing by the chair and ranking minority member vious question on the rule.... When the checks that we can’t cash, hoping fu- of the Committee on Ways and Means. After motion for the previous question is defeated, ture generations will be able to figure general debate the bill shall be considered control of the time passes to the Member out how to get out of this mess on their for amendment under the five-minute rule. who led the opposition to ordering the pre- own. This spending is just All points of order against provisions in the vious question. That Member, because he then controls the time, may offer an amend- unsustainable. bill are waived. At the conclusion of consid- eration of the bill for amendment the Com- ment to the rule, or yield for the purpose of I wasn’t happy with the Budget Con- amendment.’’ trol Act, but I voted for it simply so we mittee shall rise and report the bill to the House with such amendments as may have In Deschler’s Procedure in the U.S. House could vote today on a rule to allow us been adopted. The previous question shall be of Representatives, the subchapter titled to vote on a balanced budget later this considered as ordered on the bill and amend- ‘‘Amending Special Rules’’ states: ‘‘a refusal week so we can fundamentally change ments thereto to final passage without inter- to order the previous question on such a rule where we’re going. vening motion except one motion to recom- [a special rule reported from the Committee

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.049 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7744 CONGRESSIONAL RECORD — HOUSE November 17, 2011 on Rules] opens the resolution to amend- Lewis (CA) Pence Sessions NOT VOTING—17 LoBiondo Peterson Shuler ment and further debate.’’ (Chapter 21, sec- Bachmann Garrett Paul Long Petri Shuster tion 21.2) Section 21.3 continues: ‘‘Upon re- Biggert Giffords Rogers (MI) Luetkemeyer Pitts Simpson jection of the motion for the previous ques- Bishop (GA) Hirono Rokita Lummis Platts Smith (NE) tion on a resolution reported from the Com- Conyers Lucas Roskam Lungren, Daniel Poe (TX) Smith (NJ) mittee on Rules, control shifts to the Mem- Courtney Manzullo Shimkus E. Pompeo Smith (TX) Gardner Napolitano ber leading the opposition to the previous Mack Posey Southerland question, who may offer a proper amendment Marchant Price (GA) Stearns b 1430 or motion and who controls the time for de- Marino Quayle Stivers bate thereon.’’ Matheson Reed Stutzman Messrs. HEINRICH, ROTHMAN of Clearly, the vote on the previous question McCarthy (CA) Rehberg Sullivan New Jersey, CLARKE of Michigan, and on a rule does have substantive policy impli- McCaul Reichert Terry Mrs. MALONEY changed their vote McClintock Renacci cations. It is one of the only available tools Thompson (PA) from ‘‘yea’’ to ‘‘nay.’’ McCotter Ribble Thornberry for those who oppose the Republican major- McHenry Rigell Messrs. HULTGREN, PETERSON, ity’s agenda and allows those with alter- Tiberi McKeon Rivera Tipton and Mrs. NOEM changed their vote native views the opportunity to offer an al- Roby McKinley Turner (NY) from ‘‘nay’’ to ‘‘yea.’’ ternative plan. McMorris Roe (TN) Turner (OH) Rodgers Rogers (AL) So the previous question was ordered. Upton Mr. NUGENT. Mr. Speaker, I yield Meehan Rogers (KY) The result of the vote was announced Walberg back the balance of my time, and I Mica Rohrabacher Walden as above recorded. move the previous question on the res- Miller (FL) Rooney Walsh (IL) Stated for: olution. Miller (MI) Ros-Lehtinen Miller, Gary Ross (AR) Webster Mr. GARRETT. Mr. Speaker, on rollcall No. The SPEAKER pro tempore (Mr. Mulvaney Ross (FL) West 854, had I been present, I would have voted DOLD). The question is on ordering the Murphy (PA) Royce Westmoreland ‘‘yea.’’ previous question. Myrick Runyan Whitfield Wilson (SC) Stated against: The question was taken; and the Neugebauer Ryan (WI) Noem Scalise Wittman Mrs. NAPOLITANO. Mr. Speaker, I was ab- Speaker pro tempore announced that Nugent Schilling Wolf sent during rollcall vote No. 854 in order to at- the ayes appeared to have it. Nunes Schmidt Womack tend an important event in my district. Had I Woodall Mr. HASTINGS of Florida. Mr. Nunnelee Schock been present, I would have voted ‘‘nay’’ on the Olson Schweikert Yoder Speaker, on that I demand the yeas Palazzo Scott (SC) Young (AK) Motion on Ordering the Previous Question on and nays. Paulsen Scott, Austin Young (FL) the Rule providing for consideration of motions The yeas and nays were ordered. Pearce Sensenbrenner Young (IN) to suspend the rules. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore (Mr. NAYS—173 ant to clause 8 and clause 9 of rule XX, DOLD). The question is on the resolu- this 15-minute vote on ordering the Ackerman Grijalva Pascrell tion. Andrews Hahn Pastor (AZ) previous question will be followed by 5- Baca Hanabusa Payne The question was taken; and the minute votes on the adoption of House Baldwin Hastings (FL) Pelosi Speaker pro tempore announced that Resolution 466, if ordered, and adoption Bass (CA) Heinrich Perlmutter the ayes appeared to have it. of House Resolution 467. Becerra Higgins Peters Mr. DREIER. Mr. Speaker, on that I Berkley Himes Pingree (ME) The vote was taken by electronic de- Berman Hinchey Polis demand the yeas and nays. vice, and there were—yeas 243, nays Bishop (NY) Hinojosa Price (NC) The yeas and nays were ordered. Blumenauer Hochul Quigley The SPEAKER pro tempore. This is a 173, not voting 17, as follows: Brady (PA) Holden Rahall 5-minute vote. [Roll No. 854] Braley (IA) Holt Rangel Brown (FL) Honda The vote was taken by electronic de- YEAS—243 Reyes Butterfield Hoyer Richardson vice, and there were—yeas 248, nays Adams Chandler Graves (MO) Capps Inslee Richmond Aderholt Coble Griffin (AR) Capuano Israel 169, not voting 16, as follows: Rothman (NJ) Akin Coffman (CO) Griffith (VA) Carnahan Jackson (IL) Roybal-Allard [Roll No. 855] Alexander Cole Grimm Carney Jackson Lee Ruppersberger YEAS—248 Altmire Conaway Guinta Carson (IN) (TX) Rush Amash Costa Guthrie Castor (FL) Johnson (GA) Adams Cardoza Franks (AZ) Ryan (OH) Amodei Cravaack Gutierrez Chu Johnson, E. B. Aderholt Carter Frelinghuysen Sa´ nchez, Linda Austria Crawford Hall Cicilline Kaptur Akin Cassidy Gallegly T. Bachus Crenshaw Hanna Clarke (MI) Keating Alexander Chabot Gerlach Sanchez, Loretta Barletta Culberson Harper Clarke (NY) Kildee Altmire Chaffetz Gibbs Sarbanes Barrow Davis (KY) Harris Clay Kind Amash Chandler Gibson Schakowsky Bartlett Denham Hartzler Cleaver Kucinich Amodei Coble Gingrey (GA) Schiff Barton (TX) Dent Hastings (WA) Clyburn Langevin Austria Coffman (CO) Goodlatte Bass (NH) DesJarlais Hayworth Cohen Larsen (WA) Schrader Bachus Cole Gosar Benishek Diaz-Balart Heck Connolly (VA) Larson (CT) Schwartz Barletta Conaway Gowdy Berg Dold Hensarling Cooper Lee (CA) Scott (VA) Barrow Cooper Granger Bilbray Dreier Herger Costello Levin Scott, David Bartlett Costa Graves (GA) Bilirakis Duffy Herrera Beutler Critz Lewis (GA) Serrano Barton (TX) Cravaack Graves (MO) Bishop (UT) Duncan (SC) Huelskamp Crowley Lipinski Sewell Bass (NH) Crawford Griffin (AR) Black Duncan (TN) Huizenga (MI) Cuellar Loebsack Sherman Benishek Crenshaw Griffith (VA) Blackburn Ellmers Hultgren Cummings Lofgren, Zoe Sires Berg Culberson Grimm Bonner Emerson Hunter Davis (CA) Lowey Slaughter Bilbray Davis (KY) Guinta Bono Mack Farenthold Hurt Davis (IL) Luja´ n Smith (WA) Bilirakis Denham Guthrie Boren Fincher Issa DeFazio Lynch Speier Bishop (UT) Dent Hall Boswell Fitzpatrick Jenkins DeGette Maloney Stark Black DesJarlais Hanna Boustany Flake Johnson (IL) DeLauro Markey Sutton Blackburn Diaz-Balart Harper Brady (TX) Fleischmann Johnson (OH) Deutch Matsui Thompson (CA) Bonner Dold Harris Brooks Fleming Johnson, Sam Dicks McCarthy (NY) Thompson (MS) Bono Mack Donnelly (IN) Hartzler Broun (GA) Flores Jones Dingell McCollum Tierney Boren Dreier Hastings (WA) Buchanan Forbes Jordan Doggett McDermott Tonko Boswell Duffy Hayworth Bucshon Fortenberry Kelly Donnelly (IN) McGovern Towns Boustany Duncan (SC) Heck Buerkle Foxx King (IA) Doyle McIntyre Tsongas Brady (TX) Duncan (TN) Hensarling Burgess Franks (AZ) King (NY) Edwards McNerney Van Hollen Brooks Ellmers Herger Burton (IN) Frelinghuysen Kingston Ellison Meeks Vela´ zquez Broun (GA) Emerson Herrera Beutler Calvert Gallegly Kinzinger (IL) Engel Michaud Visclosky Buchanan Farenthold Huelskamp Camp Gerlach Kissell Eshoo Miller (NC) Walz (MN) Bucshon Fattah Huizenga (MI) Campbell Gibbs Kline Farr Miller, George Wasserman Buerkle Fincher Hultgren Canseco Gibson Labrador Fattah Moore Schultz Burgess Fitzpatrick Hunter Cantor Gingrey (GA) Lamborn Filner Moran Waters Burton (IN) Flake Hurt Capito Gohmert Lance Frank (MA) Murphy (CT) Watt Calvert Fleischmann Issa Cardoza Goodlatte Landry Fudge Nadler Waxman Camp Fleming Jenkins Carter Gosar Lankford Garamendi Neal Welch Campbell Flores Johnson (IL) Cassidy Gowdy Latham Gonzalez Olver Wilson (FL) Canseco Forbes Johnson (OH) Chabot Granger LaTourette Green, Al Owens Woolsey Cantor Fortenberry Johnson, Sam Chaffetz Graves (GA) Latta Green, Gene Pallone Yarmuth Capito Foxx Jones

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.011 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7745 Jordan Murphy (PA) Schmidt Tsongas Wasserman Welch Forbes Lankford Rigell Kelly Myrick Schock Van Hollen Schultz Wilson (FL) Fortenberry Latham Rivera King (IA) Neugebauer Schweikert Vela´ zquez Waters Woolsey Foxx LaTourette Roby King (NY) Noem Scott (SC) Visclosky Watt Frank (MA) Latta Roe (TN) Kingston Nugent Scott, Austin Walz (MN) Waxman Franks (AZ) Lewis (CA) Rogers (AL) Kinzinger (IL) Nunes Frelinghuysen LoBiondo Rogers (KY) Sensenbrenner NOT VOTING—16 Kissell Nunnelee Sessions Gallegly Long Rogers (MI) Kline Olson Shuler Bachmann Giffords Paul Garrett Luetkemeyer Rohrabacher Gerlach Lummis Rokita Labrador Palazzo Shuster Biggert Gohmert Roskam Lamborn Paulsen Gibbs Lungren, Daniel Rooney Simpson Bishop (GA) Hirono Shimkus Lance Pearce Courtney Lucas Gibson E. Ros-Lehtinen Smith (NE) Yarmuth Landry Pence Gardner Manzullo Gingrey (GA) Mack Ross (AR) Smith (NJ) Lankford Peterson Garrett Napolitano Gohmert Marchant Ross (FL) Latham Petri Smith (TX) Goodlatte Marino Royce Southerland LaTourette Pitts b 1439 Gosar Matheson Runyan Latta Platts Stearns Gowdy McCarthy (CA) Ryan (WI) Lewis (CA) Poe (TX) Stivers So the resolution was agreed to. Granger McCaul Scalise Lipinski Pompeo Stutzman The result of the vote was announced Graves (GA) McClintock Schiff LoBiondo Posey Sullivan Graves (MO) McCotter Schilling Long Price (GA) Terry as above recorded. Griffin (AR) McHenry Schmidt Luetkemeyer Quayle Thompson (PA) A motion to reconsider was laid on Griffith (VA) McIntyre Schweikert Lummis Reed Thornberry the table. Grimm McKeon Scott (SC) Lungren, Daniel Rehberg Tiberi Stated for: Guinta McKinley Scott, Austin E. Reichert Tipton Guthrie McMorris Sensenbrenner Mack Renacci Turner (NY) Mr. GARRETT. Mr. Speaker, on rollcall No. Hall Rodgers Sessions Marchant Ribble Turner (OH) 855, had I been present, I would have voted Hanna Meehan Sherman Marino Rigell Upton ‘‘yea.’’ Harper Mica Shuler Matheson Rivera Walberg Harris Michaud Shuster Stated against: Hartzler Miller (FL) Simpson McCarthy (CA) Roby Walden McCaul Roe (TN) Hastings (WA) Miller (MI) Smith (NE) Walsh (IL) Mrs. NAPOLITANO. Mr. Speaker, I was ab- McClintock Rogers (AL) Hayworth Miller, Gary Smith (NJ) Webster sent during rollcall vote No. 855 in order to at- McCotter Rogers (KY) Heck Mulvaney Smith (TX) West McHenry Rogers (MI) tend an important event in my district. Had I Hensarling Murphy (CT) Southerland McIntyre Rohrabacher Westmoreland been present, I would have voted ‘‘nay’’ on H. Herger Murphy (PA) Stearns McKeon Rokita Whitfield Res. 466—Rule providing for consideration of Herrera Beutler Myrick Stivers Wilson (SC) McKinley Rooney motions to suspend the Rules. Huelskamp Neugebauer Stutzman McMorris Ros-Lehtinen Wittman Huizenga (MI) Noem Sullivan Wolf Rodgers Ross (AR) f Hultgren Nugent Terry Meehan Ross (FL) Womack Hunter Nunes Thompson (PA) Mica Royce Woodall Hurt Nunnelee Thornberry Miller (FL) Runyan Yoder CONSOLIDATED AND FURTHER Inslee Olson Tiberi Miller (MI) Ryan (WI) Young (AK) CONTINUING APPROPRIATIONS Issa Owens Tipton Miller, Gary Scalise Young (FL) ACT, 2012 Jenkins Palazzo Turner (NY) Mulvaney Schilling Young (IN) Johnson (IL) Pascrell Turner (OH) The SPEAKER pro tempore. The un- Johnson (OH) Paulsen Upton NAYS—169 finished business is the vote on adop- Johnson, Sam Pearce Walberg Jones Pence Walden Ackerman Garamendi Miller, George tion of the resolution (H. Res. 467) pro- Jordan Peterson Walsh (IL) Andrews Gonzalez Moore viding for consideration of the con- Kaptur Petri Webster Baca Green, Al Moran ference report to accompany the bill Keating Pitts West Baldwin Green, Gene Murphy (CT) (H.R. 2112) making appropriations for Kelly Platts Westmoreland Bass (CA) Grijalva Nadler King (IA) Poe (TX) Whitfield Becerra Gutierrez Neal Agriculture, Rural Development, Food King (NY) Pompeo Wilson (SC) Berkley Hahn Olver and Drug Administration, and Related Kingston Posey Wittman Berman Hanabusa Owens Agencies programs for the fiscal year Kinzinger (IL) Price (GA) Wolf Bishop (NY) Hastings (FL) Pallone Kissell Quayle Womack Blumenauer Heinrich Pascrell ending September 30, 2012, and for Kline Reed Woodall Brady (PA) Higgins Pastor (AZ) other purposes, on which the yeas and Labrador Rehberg Yoder Braley (IA) Himes Payne nays were ordered. Lamborn Reichert Young (AK) Brown (FL) Hinchey Pelosi The Clerk read the title of the resolu- Lance Renacci Young (FL) Butterfield Hinojosa Perlmutter Landry Ribble Young (IN) Capps Hochul Peters tion. Capuano Holden Pingree (ME) The SPEAKER pro tempore. The NAYS—156 Carnahan Holt Polis Ackerman DeLauro Kildee Carney Honda question is on the resolution. Price (NC) Andrews Deutch Kind Carson (IN) Hoyer This is a 5-minute vote. Quigley Baca Dingell Kucinich Castor (FL) Inslee Rahall The vote was taken by electronic de- Baldwin Doggett Langevin Chu Israel Rangel vice, and there were—yeas 262, nays Bass (CA) Doyle Larsen (WA) Cicilline Jackson (IL) Reyes Becerra Edwards Larson (CT) Clarke (MI) Jackson Lee 156, not voting 15, as follows: Richardson Berkley Ellison Lee (CA) Clarke (NY) (TX) Richmond [Roll No. 856] Bishop (NY) Engel Levin Clay Johnson (GA) Rothman (NJ) Blumenauer Eshoo Lewis (GA) Cleaver Johnson, E. B. YEAS—262 Roybal-Allard Brady (PA) Filner Lipinski Clyburn Kaptur Adams Brady (TX) Crawford Ruppersberger Braley (IA) Fudge Loebsack Cohen Keating Aderholt Brooks Crenshaw Rush Brown (FL) Garamendi Lofgren, Zoe Connolly (VA) Kildee Akin Broun (GA) Culberson Ryan (OH) Butterfield Gonzalez Lowey Conyers Kind ´ Alexander Buchanan Davis (CA) Sanchez, Linda Capps Green, Al Luja´ n Costello Kucinich Altmire Bucshon Davis (KY) T. Capuano Green, Gene Lynch Critz Langevin Amash Buerkle Denham Sanchez, Loretta Carnahan Grijalva Maloney Crowley Larsen (WA) Amodei Burgess Dent Sarbanes Carson (IN) Gutierrez Markey Cuellar Larson (CT) Austria Burton (IN) DesJarlais Schakowsky Castor (FL) Hahn Matsui Cummings Lee (CA) Bachus Calvert Diaz-Balart Schiff Chu Hanabusa McCarthy (NY) Davis (CA) Levin Barletta Camp Dicks Schrader Cicilline Hastings (FL) McCollum Davis (IL) Lewis (GA) Barrow Campbell Dold Schwartz Clarke (MI) Heinrich McDermott DeFazio Loebsack Bartlett Canseco Donnelly (IN) Scott (VA) Clarke (NY) Higgins McGovern DeGette Lofgren, Zoe Barton (TX) Cantor Dreier Scott, David Clay Himes McNerney DeLauro Lowey Bass (NH) Capito Duffy Serrano Cleaver Hinchey Meeks Deutch Luja´ n Benishek Carney Duncan (SC) Sewell Clyburn Hinojosa Miller (NC) Dicks Lynch Berg Carter Duncan (TN) Sherman Cohen Hochul Miller, George Dingell Maloney Berman Cassidy Ellmers Sires Connolly (VA) Holden Moore Doggett Markey Bilbray Chabot Emerson Slaughter Conyers Holt Moran Doyle Matsui Bilirakis Chaffetz Farenthold Smith (WA) Costello Honda Nadler Edwards McCarthy (NY) Bishop (UT) Chandler Farr Speier Critz Hoyer Neal Ellison McCollum Black Coble Fattah Stark Crowley Israel Olver Engel McDermott Blackburn Coffman (CO) Fincher Sutton Cuellar Jackson (IL) Pallone Eshoo McGovern Bonner Cole Fitzpatrick Thompson (CA) Cummings Jackson Lee Pastor (AZ) Farr McNerney Bono Mack Conaway Flake Thompson (MS) Davis (IL) (TX) Payne Filner Meeks Boren Cooper Fleischmann Tierney DeFazio Johnson (GA) Pelosi Frank (MA) Michaud Boswell Costa Fleming Tonko DeGette Johnson, E. B. Perlmutter Fudge Miller (NC) Towns Boustany Cravaack Flores

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.012 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7746 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Peters Sanchez, Loretta Tierney (For conference report and state- spending wherever possible. In this bill, Pingree (ME) Sarbanes Tonko Polis Schakowsky Towns ment, see proceedings of the House of this includes terminating wasteful, Price (NC) Schrader Tsongas November 14, 2011, at page H743.) poorly planned and controversial pro- Quigley Schwartz Van Hollen The SPEAKER pro tempore. The gen- grams such as high-speed rail, NOAA’s Rahall Scott (VA) Vela´ zquez OGERS Rangel Scott, David Visclosky tleman from Kentucky (Mr. R ) Climate Change Office, and the Livable Reyes Serrano Walz (MN) and the gentleman from Washington Communities program. In fact, Mr. Richardson Sewell Wasserman (Mr. DICKS) each will control 30 min- Speaker, we have terminated 20 pro- Richmond Sires Schultz utes. grams for a savings of $456 million. Rothman (NJ) Slaughter Waters Roybal-Allard Smith (WA) Watt The Chair recognizes the gentleman This legislation also reins in execu- Ruppersberger Speier Waxman from Kentucky. tive branch overreach by including sev- Rush Stark Welch Mr. ROGERS of Kentucky. Mr. Ryan (OH) Sutton Wilson (FL) eral important policy items. These pro- Sa´ nchez, Linda Thompson (CA) Woolsey Speaker, I yield myself 5 minutes. visions kill job-killing regulations that T. Thompson (MS) Yarmuth I rise today to present the conference create economic uncertainty and limit NOT VOTING—15 report on H.R. 2112, the Consolidated government involvement in issues of and Further Continuing Appropriations Bachmann Gardner Napolitano life and liberty, including several pro- Biggert Giffords Paul Act of 2012. The House passed H.R. 2112, visions protecting human life and the Bishop (GA) Hirono Roskam the bill making appropriations for the Second Amendment right to keep and Cardoza Lucas Schock Department of Agriculture, Rural De- Courtney Manzullo Shimkus bear arms. velopment, Food and Drug Administra- Finally, this legislation includes a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion and Related Agencies, on June 16. continuing resolution that will keep The SPEAKER pro tempore (during The bill has since been amended to in- the remainder of the government oper- the vote). There is 1 minute remaining. clude the Commerce-Justice-Science ating until December 16, allowing us an and the Transportation-HUD appro- appropriate amount of time, I think, to b 1446 priations bills as well as a continuing finish negotiations on the remaining resolution to keep the rest of the gov- So the resolution was agreed to. nine appropriations bills so that we ernment operating until December 16. The result of the vote was announced will have all 12 out of the way, leaving With the help of our ranking mem- as above recorded. the Appropriations Committee clear ber, the gentleman from Washington, A motion to reconsider was laid on sailing in January to bring to the floor NORM DICKS, we successfully nego- the table. of the House 12 separate appropriations tiated with our Senate counterparts to Stated against: bills. craft this agreement, which is the first Mrs. NAPOLITANO. Mr. Speaker, I was ab- appropriations conference report to hit I’m very pleased that we were able to sent during rollcall vote No. 856 in order to at- this floor since 2009. This report is the reach agreement on this bill. It has be- tend an important event in my district. Had I next step in meeting the spending tar- come all too rare a thing in this Con- been present, I would have voted ‘‘nay’’ on H. gets set by the Budget Control Act, gress to come to an agreement such as Res. 467—Rule providing for consideration of which will save the taxpayers billions this, and I’m proud to say that this the Conference Report to H.R. 2112—Agri- and help continue the effort to bring conference report was approved by all culture, Rural Development, Food & Drug Ad- the Nation’s deficit under control. In but one of the 38 House and Senate con- ministration and Related Agencies Appropria- fact, this bill keeps us on track to cut ferees from both parties, which goes to tions Act. regular discretionary spending by $98 show us we work best when we work to- PERSONAL EXPLANATION billion compared to the President’s fis- gether. While there are no doubt items Ms. HIRONO. Mr. Speaker, on rollcall Nos. cal year 2012 request and some $47 bil- where Members might disagree in the 854, 855, and 856, had I been present, I lion below the fiscal year 2010 level. bill, there are many achievements in would have voted ‘‘nay’’ on all the above. When all appropriations work this this bill of which we can be justly PERSONAL EXPLANATION year is completed, it will be the second proud. Mr. MANZULLO. Mr. Speaker, I missed roll- year in a row that we have reduced However, we could not have done this call Nos. 854, 855, and 856. Had I been total discretionary spending, a remark- without the tremendous help from our present, I would have voted ‘‘aye.’’ able and historic achievement. Yet ranking member, NORM DICKS, as well while we’ve made significant cuts, we as the dedicated conferees on both GENERAL LEAVE were also able to fund important prior- sides of the aisle from both Chambers. Mr. ROGERS of Kentucky. Mr. ities, such as food and drug safety, Fed- Chairman WOLF, Chairman KINGSTON, Speaker, I ask unanimous consent that eral law enforcement, agricultural and Chairman LATHAM, Ranking Members all Members may have 5 legislative scientific research, trade, infrastruc- FARR, FATTAH, and OLVER, as well as days in which to revise and extend ture, and economic growth. Addition- our dedicated staff, have worked tire- their remarks and include tabular and ally, we’re helping communities, lessly over the last few weeks to bring extraneous material on the conference States, businesses, and families deeply this bill to completion, and they have report to accompany H.R. 2112. affected by a record-breaking year of all of our sincere thanks and apprecia- The SPEAKER pro tempore. Is there destructive natural disasters and ca- tion for a job well done. objection to the request of the gen- tastrophes. tleman from Kentucky? The SPEAKER pro tempore. The time of the gentleman has expired. There was no objection. b 1450 Mr. ROGERS of Kentucky. Mr. We scrubbed the information from Mr. ROGERS of Kentucky. I yield Speaker, pursuant to House Resolution the agencies and were able to reduce myself an additional 1 minute. 467, agreed to earlier today, I call up the disaster spending in this bill by I am proud, Mr. Speaker, that your the conference report on the bill (H.R. $850 million compared to the Senate- Appropriations Committee is pre- 2112) making appropriations for Agri- passed bill. These funds are only for senting to you the first Appropriations culture, Rural Development, Food and disaster assistance and do not grow the Conference Report since 2009 and the Drug Administration, and Related baseline budgets or the scope of the first conference report of this Congress. Agencies programs for the fiscal year Federal agencies. Your Appropriations Committee is ending September 30, 2012, and for This bill, Mr. Speaker, is the next working. other purposes, and ask for its imme- step in breaking the status quo of ex- In closing, I strongly urge my col- diate consideration. cess Federal spending that’s throwing leagues to support this bill. It’s vital The Clerk read the title of the bill. our budgets out of whack. we pass this bill to prevent a govern- The SPEAKER pro tempore. Pursu- Our House conferees thoroughly ex- ment shutdown, rein in overzealous ant to House Resolution 467, the con- amined each and every program and regulations, and help put our budgets ference report is considered read. agency to ensure that we are reducing and our economy on track.

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VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.060 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE Insert offset folio 1603/23 here EH17NO11.023 H7770 CONGRESSIONAL RECORD — HOUSE November 17, 2011 I reserve the balance of my time. The conference agreement provides around here yet that is perfect. I also Mr. DICKS. Mr. Speaker, I yield my- $924 million for NOAA’s Joint Polar want to say that we did not get as good self such time as I may consume. Satellite System. While still below the a compromise as we hoped on the Legal The appropriations bill we will con- request, the conference level will go Services Corporation. I wish we could sider today includes within it three farther than either the House or Sen- do more because there certainly is a bills: Agriculture; Commerce-Justice- ate levels in helping to minimize the justice gap in this country. Science; and Transportation-HUD, anticipated satellite data gaps. I want to commend the chairman and along with a clean continuing resolu- The agreement provides funding for his staff, both the majority staff and tion covering the remaining nine bills. NASA’s James Webb Space Telescope, the minority staff, who I think worked The CR prevents a government shut- which the House had zeroed out. The very well together with the other body down. It is a simple date change to De- new telescope will be 100 times more in reaching resolutions in a very time- cember 16. No anomalies are added; ev- powerful than the Hubble Space Tele- ly way on these three bills. And I want erything but the date is carried for- scope, allowing us to see images of the to commend the chairman for bringing ward from the last CR. first glows after the Big Bang and six bills to the floor. The agreement provides disaster re- greatly enhancing our scientific under- Now, I could make the case that we lief of $2.3 billion, including the full standing of the universe. actually did 18 bills because we had 12 amount needed to address the backlog Finally, the minibus restores funding bills in the ’11 omnibus, H.R. 1, that of eligible disaster repairs for high- for transportation and housing pro- took us a whole week, if you remem- grams. The minibus includes $12 billion ways, roads, and bridges, and funds to ber, to go through 12 separate bills. So more than the House subcommittee bill address agricultural disasters. 12 and 6 is 18. That’s a pretty good day for the Federal-aid highway program, The conference report also drops con- for the Appropriations Committee. consistent with the annual funding lev- troversial riders on Dodd-Frank finan- Mr. ROGERS of Kentucky. Will the els assumed in the Surface Transpor- cial reform, women’s health, and cli- gentleman yield? tation Extension Act. The bill includes mate change. Mr. DICKS. I yield to the chairman. $10.5 billion for transit programs, $2.5 The minibus restores funding that Mr. ROGERS of Kentucky. And in billion more than the earlier bill. was cut in the initial House bill to nu- The agreement also includes $1.4 bil- that H.R. 1, the fiscal year ’11 omnibus trition and food safety programs. lion for Amtrak capital and operating bill, as you recollect, we had some 500 The conference agreement provides grants and deletes onerous language amendments. $6.6 billion for the Women, Infants, and from the House subcommittee-passed Mr. DICKS. Everybody got a shot. Children program, WIC, an increase of bill that would have eliminated service Mr. ROGERS of Kentucky. Every- $570 million over the level in the on 26 short-distance routes, affecting 15 body. House-passed bill and $36 million above States and more than 9 million pas- Mr. DICKS. I want to commend the the Senate level. At this level, WIC can sengers. chairman for his commitment to reg- provide for the estimated 700,000 The bill includes funding for the ular order and openness, and I hope women, children, and infants that TIGER grant program, which will help that next year we can really do all 12 would have been turned away under the advance national and regional trans- bills. If we can get them done this year previous bill. The impact of food prices portation projects that will benefit in December, then we can focus on the will still need to be monitored to en- both passenger and freight mobility as 12 bills for next year and hopefully sure the program has sufficient fund- well as create jobs. This bill will create bring them all to the floor so that ing. a lot of jobs. Members have a chance to vote. It’s The conference report provides $177 The conference agreement provides important, I think. And I think the million for the Commodity Supple- $45 million in funding for housing coun- fact that so many people wanted to mental Food Program, which provides seling assistance. This program pro- offer an amendment indicates that the food assistance to particularly vulner- vides grant funds to local nonprofit membership of the House wants to see able low-income elderly, as well as agencies for reverse mortgage, rental, an open process. And it’s certainly im- mothers and young children. At this home pre-purchase and foreclosure pre- portant for the minority, too, to have level, the program will avoid dropping vention counseling. This program had an opportunity to offer amendments. the 100,000 applicants, as would have been eliminated in 2011. I reserve the balance of my time. been required in the House bill. The Choice Neighborhoods Initiative Mr. ROGERS of Kentucky. Mr. The conference agreement restores is funded at $120 million in the con- Speaker, I yield 3 minutes to the chair- funding to FDA, $334 million over the ference agreement. Choice is a grant man of the Commerce, Justice, Science House-passed bill, to allow implemen- program to revitalize public housing Subcommittee, a very hardworking tation of the Food Safety Moderniza- and blighted private housing in mixed- chairman who also happens to be a col- tion Act, and provides $1 billion for the income neighborhoods. This program league of mine in the class of 1980, the Food Safety and Inspection Service, $32 provides quality low-income housing, so-called Reaganauts, Chairman FRANK million over the House level, to main- while the vast majority of these funds WOLF. tain the current workforce of meat in- create needed construction jobs. The Mr. WOLF. Thank you, Mr. Chair- spectors. House subcommittee bill proposed man. The agreement restores funding for eliminating the program. Mr. Speaker, I rise today in support the COPS programs that were zeroed The Interagency Council on Home- of this conference report, which in- out in the House-reported bill. COPS lessness is funded at $3.3 million in the cludes the fiscal year 2012 Commerce, grants enable State and local law en- conference agreement. The agency was Justice, Science and Related Agencies forcement agencies to hire and retain also eliminated in the House sub- Appropriations Act. committee bill. The Council enhances police officers, provide equipment to I want to thank my colleague and the Federal response to homelessness tribal law enforcement agencies, and ranking member, the gentleman from by coordination between agencies, ad- provide training on community-ori- Pennsylvania (Mr. FATTAH), for his dressing duplicative programs, and ented policing. support throughout this process. I also identifying best practices. The agreement restores much-needed want to thank Senate counterparts, The conference agreement provides funding for science and innovation. The Senators MIKULSKI and HUTCHISON, and $75 million for the Veterans Affairs conference agreement provides $7 bil- Supportive Housing program, equal to I also want to particularly thank lion for the National Science Founda- the President’s budget request. VASH Chairman ROGERS of the full com- tion, an increase of $173 million above provides long-term housing to home- mittee and Ranking Member Mr. the FY11 level and the House-reported less veterans. This is an increase of $25 DICKS. This was a very, very open proc- bill. While we need to be investing million over the FY11 level. ess. Also I want to thank the CJS sub- much more in basic research at NSF, committee staff, including Mike the additional funding in the con- b 1500 Ringler, Leslie Albright, Stephanie ference agreement is an important step I’m not happy with every single ele- Meyers, Diana Simpson, Colin Samples in the right direction. ment of this, but I haven’t seen a bill and Scott Sammis, as well as Todd

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.061 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7771 Culligan in my office, and Darek I urge support for the bill. costs, it really is a significant state- Newby and Bob Bonner on the minority Mr. DICKS. Mr. Speaker, I yield 5 ment around a new set of priorities for staff. minutes to the gentleman from Penn- NASA, and investing in particularly Working together, we were able to sylvania, the ranking member of the space technology at $575 million and produce a conference report that re- Appropriations Subcommittee on Com- the investment in the Commercial duces discretionary spending in line merce, Justice and Science, Mr. Crew Program, knowing with a cer- with the Budget Control Act, while the FATTAH. tainty that American private enter- supercommittee works to control enti- Mr. FATTAH. I thank the ranking prise can help us deal with the ongoing tlement spending which is the primary member, I thank the chairman of the need in terms of lower orbit travel. driver of our unsustainable debt and re- full committee, and, most importantly, We have a lot to be thankful for in form the Tax Code. I thank my colleague, Chairman FRANK the bill. Most important to me, even The final CJS bill before the House is WOLF. We’ve had an opportunity to though it’s a very small number, are $583 million below—below—fiscal year work through the issues on this bill, the efforts around youth mentoring. 2011 and $4.9 billion, 8.5 percent, below and he has afforded every courtesy to Our support for the 4,000 Boys and Girls the President’s request. the minority as we have worked Clubs and the Big Brothers and Big Sis- Since Republicans assumed the ma- through this. It’s been truly a bipar- ters and other youth mentoring agen- jority, we have reduced spending by tisan effort; and even though there are cies that are funded in the Justice De- more than $11 billion for agencies fund- things that we would make different partment is a way to divert young peo- ed in the CJS appropriations bill. final calculations on, I think that ple from ever getting engaged in our At the same time, the bill also pro- there’s nothing else to be said other criminal justice system, and the fund- vides funding for a variety of critical than that truly this is a product that ing for the Second Chance Program, national priorities. The conference re- reflects both input from the majority which was renewed in this year’s ap- port fully funds the FBI at $8.1 billion and the minority, and I thank Chair- propriations. to protect the Nation from further ter- man WOLF and Chairman ROGERS for rorist attacks. The bill includes impor- b 1510 the courtesies extended. tant increases for FBI national secu- This is a bill that I believe funds the There’s a lot more that I could say, rity programs and the investigation of most important agencies of our govern- but I think, needless to say, what is cyberintrusions. ment in terms of securing our citizens, important now is that we move this The bill also makes important in terms of innovation and advance- process forward. And there are dis- progress in the fight against the hor- ment in technology and science, in appointments—legal services, there rible and pervasive crime of human terms of dealing with the challenges of will be another day. As my ranking trafficking. Human trafficking is member said, we’re disappointed in the spreading through this Nation, and this severe weather, and dealing with our oceans and the navigation of crafts final outcome, but we remain com- funding bill will also support State and mitted to trying to find ways as we go local human trafficking task force ac- throughout our waterways. This is a bill that is critically impor- forward to make sure people have ac- tivities and victim assistance services. cess to our court system on civil mat- The conference agreement will re- tant, and I’m happy to join with others to urge that the House would favorably ters. quire—will require—each U.S. Attor- I want to thank the ranking member, ney to establish a human trafficking consider it. There are a number of things I would Chairman ROGERS, and my colleague task force. FRANK WOLF for his great work on this In the Department of Commerce, the want to point out. One is that the con- conference agreement includes new ini- ferees, all of us working together, were bill, and all of the staff, both on the tiatives to bring jobs back to America, able to agree with an initiative focused majority and minority side. including a job repatriation task force on brain research, on neuroscience; and Mr. ROGERS of Kentucky. Mr. and a new grant program to enable we’ve been able to put together a col- Speaker, I yield 3 minutes to the gen- U.S. companies to bring off-shored ac- laborative effort that I think portends tleman from Iowa, chairman of the tivities back to economically dis- a great deal of progress in terms of ad- Transportation and HUD portion of tressed regions of this Nation. It is dressing brain diseases like Alz- this bill, a very vital part of the bill— time for these American companies heimer’s and Parkinson’s, dementia, the chairman has handled it very, very who have gone to China and Mexico to and also dealing with the question of well—Chairman TOM LATHAM. return home, particularly, I may say, wounded warriors. I had a chance to Mr. LATHAM. I thank the chairman GE, who just moved their health care visit the brain research and repair cen- for yielding time. And I, first of all, facilities from Wisconsin to Beijing. ter over at Bethesda. There’s much want to thank him for the great work, They should come back to Wisconsin. more work to be done. but also Ranking Member DICKS on the The bill also includes important in- And also for those interested in edu- full committee; and then a special creases for fundamental scientific re- cation, the whole cognitive develop- thank-you to the ranking member on search. $7 billion is included for the ment, this is the first-of-its-kind ini- the subcommittee, Mr. OLVER, for all NSF, an increase of $173 million. NIST tiative bringing together all of the im- of his hard work. We’ve worked to- research activities receive an increase portant agencies of the Federal Gov- gether as a team on this bill. And I of over 10 percent—math, science, ernment. I thank Chairman WOLF and thank the staff on the minority and physics, chemistry and biology, doing our colleagues and counterparts in the certainly the majority staff for all the things that make a difference to Senate for their cooperation around their hard work that they put into create jobs. this. this. Research is a primary driver of inno- Also, we were able to increase our ef- This is a great day for two different vation, growth and job creation, and forts in terms of manufacturing and reasons: one, we’re going to get this these investments must be preserved, advanced manufacturing, creating a bill done today; and, number two, it’s even in times of budgetary austerity. new grant program to help companies on the Speaker’s birthday, so this will The conference agreement includes bring technology onto the plant floor. be his present anyway. But I do rise in $17.8 billion for NASA, including fund- Manufacturing has to be the basis for support of the conference report that’s ing above the request for America’s long-term prosperity and national se- before us today, and I urge my col- next generation space exploration sys- curity for our country. leagues to support it also. I know it tem and for cutting-edge technology. The investments in science, the Na- doesn’t make everyone happy, but it In closing, as other countries are tional Science Foundation, there is no represents a compromise, and that’s challenging U.S. leadership in space, more important agency anywhere in what a conference report really is all this conference report includes funding the world; and we were able to work to about. for a comprehensive independent as- fund it at a level that’s appropriate, $7 Overall, the THUD division of the sessment of NASA’s strategic direction billion. The investment in NASA, even agreement contains $55.6 billion in dis- and agency management to chart a fu- though $638 million off of last year’s cretionary, a number that is $19.4 bil- ture course that is bold and achievable. number, when you take out the shuttle lion below the President’s request—and

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With adequate resources for our State high- we also have a number of important foreclosure rates remaining high, the way departments to address their victories in this agreement. counseling services provided by this needs. I would urge all Members to support program continue to be vital for fami- The THUD division contains various this conference report. lies who are struggling in the current commonsense agreements that are uni- Mr. DICKS. Mr. Speaker, I yield 3 economy. versally important to the Nation. For minutes to the gentleman from Massa- Mr. Speaker, this bill is a good prod- example, there are increased funds for chusetts, the ranking member of the uct of a bipartisan process, and I urge FAA certification personnel, the indi- Appropriations Subcommittee on my colleagues to support it. viduals who inspect and certify new Transportation, Housing and Urban De- Mr. ROGERS of Kentucky. Mr. aircraft to ensure safety and airworthi- velopment, Mr. OLVER. Speaker, I yield 3 minutes to the gen- ness. Mr. OLVER. I thank the ranking tleman from Georgia, the chairman of The HUD portion of the THUD agree- member for yielding time. the Agriculture Subcommittee, a very ment contains $37.3 billion—about $4.7 I rise in support of this conference re- important part of this bill, Mr. KING- billion below the President’s request. port. As ranking member on the Trans- STON. There is sufficient funding to renew portation and Housing Subcommittee, Mr. KINGSTON. I thank Chairman vouchers for those individuals and fam- I first would like to thank Chairman ROGERS for the time. I’ve enjoyed ilies who were in the program last TOM LATHAM for working openly with working with him and Ranking Mem- ber DICKS, and also the ranking mem- year. The agreement has sufficient me throughout the process, and I con- ber of our Subcommittee on Agri- funding to keep veterans’ housing on a gratulate him on bringing his first con- culture, FDA, and Commodity Futures sound footing, and it also has directive ference report to the floor. Also, I Trading Commission, the gentleman language that requires HUD to review would like to thank staff—for the ma- from California, Mr. SAM FARR. We’ve veterans’ housing utilization rates in jority, the subcommittee clerk, Dena held 11 hearings, and we’ve had prob- Iowa and other rural States and the Baron, and her excellent staff; and for ably about 25 hours worth of debate on housing challenges facing veterans in the minority, Kate Hallahan, Joe the floor in which over 50 amendments those areas. Carlile, and Blair Anderson—all for were offered. This bill is a prime exam- Also, under the HUD title, there are their diligence and hard work in mak- ple of what can happen when we get funds set aside for homeownership pro- ing this a better bill. back to regular order. grams that help add housing capacity Mr. Speaker, this bill contains ele- in rural States. The subject of rural ments with which I disagree. In par- b 1520 housing capacity has long been a con- ticular, I wish CDBG funding was clos- It was an open process, passed by the cern in States like Iowa and a concern er to last year’s level, and I am dis- subcommittee, full committee, and to an awful lot of Members here in this appointed that the bill does not provide then finally by the House floor. The Congress. funding for the High-Speed and Inter- bill is $350 million below FY11 in the Finally, under HUD Community De- city Passenger Rail Program. Both of discretionary portion, and $2.5 billion velopment, there is $400 million that these programs are in high demand and lower than the President’s request for can be used for eligible disaster recov- would contribute significant value to FY12. It is compliant with the Budget ery activities in those areas most im- our communities if funded properly. Control Act, and a step to show both pacted by the various disasters of this However, this bill is a reasonable com- regular order, compromise and moving year. These are funds that can be used promise that has improved signifi- us towards a balanced budget. for repair and rebuilding activities. cantly the Transportation-HUD por- I also wanted to point out something, To me, at this point, one of the most tion that was marked up in sub- Mr. Speaker, that the mandatory por- important elements of this agreement committee. tion of this bill is tremendous. Our dis- is the funding for highway and commu- The agreement ensures that funding cretionary total on agriculture is $19.77 nity development disaster repairs. for our transportation infrastructure billion, but the mandatory is $116.9 bil- These monies are vitally important for programs is kept stable, allowing the lion. School lunch and breakfast and my State and others along the Mis- Federal Aviation Administration to the SNAP program are $98.5 billion souri River, States that suffered enor- continue modernization of our air traf- alone. If we do not get control of the mous damage when the Missouri River fic control system, providing the Fed- mandatory spending, we will never be flood came this past year. eral Highway Administration with able to balance the budget. The SPEAKER pro tempore. The funds needed to maintain our highway So I urge all Members of Congress to time of the gentleman has expired. network, and providing the Federal be cognizant of that and work in the Mr. ROGERS of Kentucky. I yield the Transit Administration with sufficient important authorizing committees to gentleman an additional minute. funding to continue investments to ex- do some of the reform. Mr. LATHAM. The conference agree- pand our regional transit systems. This bill was successful in elimi- ment contains almost $1.7 billion in I am particularly pleased that the nating a Federal program that goes emergency disaster money to repair bill provides $1.4 billion for Amtrak back to World War I, the mohair sub- roads and bridges. These funds will sup- and removes destructive language that sidy; and that actually was a program plement existing Federal, State, and would have halted service along 26 designed to get more wool for the local monies and will be used for re- routes in 19 States. Annual ridership World War I soldiers’ uniforms. And pairs and reconstruction. on those routes has increased, and a Ronald Reagan famously said, if you There are areas where State roads congressionally authorized process is don’t believe in resurrection, try kill- are still under water; thus the emer- already under way to reduce the oper- ing a government program. And yet, gency repair funding for highways in ating costs of these services. today, the mohair program does get this agreement is vital to ensuring In addition, the bill provides $1.66 bil- eliminated. that Iowa roads and the roads in other lion for the Highway Administration’s We also reduced the BCAP program, States are restored to good working Emergency Relief Program in order to which was something that our com- condition. eliminate the of repairs needed as a re- mittee has been very concerned about Important to the emergency highway sult of hurricanes, floods, and other the out-of-control spending on it. repair category and contained in the natural disasters, as well as $400 mil- We’ve restrained the CFTC with some agreement is an important waiver that lion for emergency CDBG funds. I be- important bipartisan language regard- waives the time line of 180 days from lieve we have a responsibility to pro- ing user exemptions and cost-benefit

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.063 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7773 analysis. And we have urged the FDA tion, and the treatment of foreign subsidi- has shown are less nutritious than school to stay on its core missions, and we aries of U.S. institutions, all raise questions meals. hope that the authorizing committees consistent with Congressional intent regard- My Districts been working to increase the ing Title VII. use of lower sodium and lower fat foods, as will look at medical device and drug Moreover, U.S. regulators should work well as working to increase whole grain approval time and transparency so that with other international regulators to seek products in school lunches. Our experience the FDA can work closer with the pro- broad harmonization of appropriately tough has taught us that making these changes viders and the manufacturers rather and effective standards. This can be accom- takes time. Revising meal standards often than in an antagonistic point of view. plished by an appropriate staging of the means that new food products have to be de- We’ve balanced school safety, inspec- adoption or implementation of our rules veloped, and this development takes time. When new food products are introduced at a tion, ag research with the many de- abroad. Should current harmonization ef- forts ultimately fail or prove a race to the gradual rate, the likelihood of student and mands that are out there. We have bottom that would undermine effective regu- parent acceptance is enhanced. This also pro- worked with Secretary Vilsack, Dr. lation, the U.S. would of course reserve the vides time for operational adjustments and Hamburg at FDA, and Mr. Gensler at right to proceed to extend the application of staff retraining. If new food products and the CFTC; and we’ve had an open proc- its standards to overseas operations. food preparations are introduced at a too ess throughout the year. In addition, as you proceed through the rapid rate, our ability to work with and edu- So I urge my colleagues to vote for rule-making process, we urge you to respect cate students regarding the changes, and to make them part of the process is more dif- this and pass this bill. But I also want- Congress’ intent to protect the ability of end users and pension plans to use swaps in a ficult. Rapid change can cause participation ed to say thank you to the great staff cost-effective manner. In particular, Con- rates to drop, complaints from students and on both sides. Martin Delgado, head gress recognized the need to allow pension parents regarding the changing nature of clerk on the majority side; along with funds, states, municipalities and other ‘‘spe- meals to increase, costs to rise more rapidly Tom O’Brien, Betsy Bina, Andrew Coo- cial entities’’ to continue to use swaps by ex- than can be prudently managed, and the in- per and Allie Thigpen and Mike Donal; pressly rejecting the imposition of a fidu- tegrity and acceptability of the school food program may be called into question. Recent and then on the minority side, working ciary duty for swap dealers that is legally in- compatible with their legitimate role as record high food price increases exceed the for Mr. FARR, Martha Foley, Matt cost projections in the proposed rule and is Smith, Troy Phillips and Rochelle market-makers. The withdrawal of the De- partment of Labor’s rules on a fiduciary of great concern in a schools attempt to im- plement these proposed meal pattern revi- Dornatt. duty under ERISA gives the agencies an op- CONGRESS OF THE UNITED STATES, sions. These price increases are also likely to portunity to work together to prevent such Washington, DC, October 4, 2011. reduce the volume of USDA Foods received adverse results. We urge you to work to re- Hon. GARY GENSLER, by schools, further complicating the man- vise the proposed rules in a way that avoids Chairman, U.S. Commodity Futures Trading agement of school meal programs. unintended consequences. It is worth noting that a substantial lead Commission, Washington, DC. As one of the first countries to propose new time was provided when the Department up- Hon. BEN S. BERNANKE, financial rules following the 2008 crisis, the dated the WIC Food Package. The WIC Food Chairman of the Board of Governors, Federal world is closely watching what we do. As you Package is far more limited than the school Reserve System, Washington, DC. revise and finalize the proposed rules, we meal package, and all of the items contained Hon. MARY L. SCHAPIRO, look forward to working together to support in the WIC package were commercially Chairman, U.S. Securities and Exchange Com- your important work in a way that keeps our mission, Washington, DC. available twenty months prior to the manda- financial markets the envy of the world. tory implication of the changed package. Hon. MARTIN J. GRUENBERG, Sincerely, Acting Chairman, Federal Deposit Insurance The Department received 46,502 comment let- SENATOR TIM JOHNSON, ters regarding the WIC Food Package modi- Corporation, Washington, DC. Chairman, U.S. Senate DEAR CHAIRMEN GENSLER, SCHAPIRO, fication, and gave twenty months to imple- Committee on Bank- ment the rule. We understand that substan- BERNANKE AND ACTING CHAIRMAN GRUENBERG: ing, Housing, and As authors of the Wall Street Reform and tially more comments are anticipated to be Urban Affairs. received regarding the proposed school meal Consumer Protection Act (P.L. 111–203) (Wall CONGRESSMAN BARNEY Street Reform Act), we commend your work pattern rule. Yet the Department currently FRANK, plans less time before implementing the implementing Title VII of this important Ranking Member, U.S. new law. We have an enormous opportunity rule, with less time for school food program House Committee on operators to prepare for what will be signifi- to set a new global standard for the oper- Financial Services. ation of an efficient, transparent and well- cant changes. The revision of school meal regulated derivatives market. It is in a spirit patterns is certainly a worthwhile and nec- DOVER/SHERBORN PUBLIC SCHOOLS, essary undertaking, but it is far more com- of support for your efforts that we write with Dover, MA, April 13, 2011. suggestions for how to avoid some unin- plex, impacting more operators and recipi- TO WHOM IT MAY CONCERN: As a School ents. Menus, recipes and products will have tended consequences that could undermine Food & Nutrition I support the thrust of the this objective. to be reformulated. New products will have proposed rule. We do need to reduce sodium to be developed and tested for student ac- As you know, the existing $600 trillion de- and fat levels and provide more fruits and ceptability. Procurement specifications and rivatives market operates as an integrated vegetables to our students and provide min- related documents will have to be changed. global market, despite the jurisdictional de- imum and maximum calorie levels in meals. Staff will need to be retrained. Logistical terminations made in Title VII between the At the same time I have concerns regard- changes will have to be made within front of Commodity Futures Trading Commission ing their ability to meet the requirements of the house and back of the house operations. (CFTC) and the Securities and Exchange the proposed rule, especially as the impacts This level of change was not the case with Commission (SEC). It is our hope that the of the regulations are theoretical at this the revisions in the WIC package. two agencies will work closely and collabo- point, having never been piloted or studied For these reasons, I believe it would be ratively together and that the new swap reg- in ‘‘real world’’ School Food Authorities prudent to consider delaying the mandatory ulations can be sequenced and implemented (SFAs). I am concerned that the timeframes implementation of the rule until school year in a logical, coordinated manner that en- within the rule are ambitious given the sig- 2013–14. The Department could encourage courages compliance and market competi- nificant changes which will have to be made that the revised meal patterns be imple- tion. to school menus that will, at the same time, mented voluntarily prior to that date, and Given the global nature of this market, meet the rule’s requirements, while also re- incentivize the early implementation with U.S. regulators should avoid creating oppor- taining student participation. the additional reimbursement provided by tunities for international regulatory arbi- We all share the goal of having all students the Act, just as the Department urged ear- trage that could increase systemic risk and participate in school lunch programs, and lier voluntary compliance with the revised reduce the competitiveness of U.S. firms that nothing is done to overtly identify WIC food package. SNA also recommends abroad. Congress generally limited the terri- those students who are receiving free or re- that offer vs. serve be mandated, not discre- torial scope of Title VII to activities within duced price meals. I have concerns that, tionary, as part of the final rule when imple- the United States. This general rule should while well intended, the revised meal stand- mented. Mandating the taking of food items not be swallowed by the law’s exceptions, ards themselves run the risk of unintention- will result in plate waste, unnecessary costs which call for extraterritorial application ally identifying free and reduced price recipi- creating a perception of wasteful spending in only when particular international activities ents if paid students are inclined to opt for the program, and compromise program in- of U.S. firms have a direct and significant a la carte choices if the revised paid meal is tegrity. connection with or effect on U.S. commerce, not acceptable. I am also concerned that I think it would prove valuable to our pro- or are designed to evade U.S. rules. We are there may be unintended consequences of grams that, as was the case with the WIC concerned that the proposed imposition of these revisions, including children going off Meal Package Revision, the rule should be margin requirements, in addition to provi- campus for less nutritious foods, or bringing issued as an interim final rule with a com- sions related to clearing, trading, registra- brown bag lunches from home that research ment period following its implementation.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.065 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7774 CONGRESSIONAL RECORD — HOUSE November 17, 2011 An interim final rule would allow the moni- Mr. DICKS. Mr. Speaker, I yield 4 portant and why I’m happy that the toring of the practical consequences and ben- minutes to the distinguished gen- funding level is a lot more than it was efits of the revised meal pattern and afford tleman from California, the ranking in the original House bill. This is also an opportunity to make appropriate modi- member of the Agriculture Appropria- good news for the working class and fications should any be warranted. I do not support states imposing more re- tions Subcommittee, Mr. FARR. distressed families of the United strictive meal components and nutritional Mr. FARR. I thank the gentleman for States. requirements, and strongly urge the Depart- yielding. Then we have a program in the Com- ment to assist us in ensuring consistent na- I want to thank my co-chair, the modities Supplemental Food Program, tional meal standards. State standards that chair of the committee who we just which is also the Temporary Emer- exceed federal standards are often not based heard from, Mr. KINGSTON. We get gency Food Assistance Program. We’ve on science, increase school meal costs with- along very well, and it’s wonderful to also funded that at a higher level. This out compensation, complicate administra- work with him. is good news because it helps particu- tion of this national program, and make it But I’d also like to thank the chair of larly the elderly who have suffered a more difficult for industry to provide accept- debilitating life event like a tornado or able products at reasonable prices. the committee, Mr. ROGERS, and the We will expand upon these points through- ranking member, Mr. DICKS, for letting flood or disaster and they need access out the specific comments that follow. us do our work in a professional man- to food and nutrition outside of the regular system. I’m so glad we’re able FRUITS AND VEGETABLES ner, a professional and intellectual to beef up these domestic programs for I consistently supported the increased con- manner, which I think is the way we sumption of a variety of fruits and vegeta- want to have political compromise. food assistance. bles by children in the school lunch and You allowed us to do that work, and I Then we have the international pro- school breakfast programs. I also support think that this report is a good report, grams that help our international al- those requirements outlined in the proposed and that’s why I’m asking my col- lies who need food assistance in the Food for Peace program. There’s the regulation recognizing the availability and leagues to support it. utilization of fruits and vegetables in all I didn’t vote for the original bill; but well-known McGovern-Dole program, forms (i.e. fresh, frozen without sugar, dried this conference report is much better, which provides donations of agricul- or canned in fruit juice, water or light syr- tural commodities and financial tech- and that’s why I urge its support. ups). I am skeptical that children will have nical assistance for feeding and nutri- There are many good things about this sufficient time to consume the higher vol- tion projects in low-income countries, umes of fruit and vegetables required by the bill, especially in comparison to the countries that suffer from the culture proposed rule. SFAs are concerned that the version that originally passed the consequence will be higher food costs for of poverty, which could lead to all House last summer. kinds of distressed, and certainly even food items that may not be consumed. Re- I was very pleased that we were able to where we have to send in troops to quiring children to take a fruit or vegetable to go to the Senate level for the Food serving rather than providing a true offer vs. bail out these countries. So this is a serve option has the potential to increase and Drug Administration, which is an good prevention. plate waste, and convey the wrong impres- increase of about $334 million over the The conference report gave a lot sion regarding the acceptability and quality House bill because to increase the fund- more than what was in the original of school meals. ing of FDA’s important work on med- House level. There’s a lot of good in FRUITS AND VEGETABLES AT LUNCH ical countermeasures, that is very im- this conference report. But, frankly, I I support the requirement for vegetables to portant. Medical countermeasures is have to say that there’s one part that come from a variety of sources such as dark critical to America’s ability to face I’m really disappointed with. Under the green, orange and legumes and support all down biological, radiological, and Dodd-Frank program, we tasked to fruits and vegetables as recognized compo- other similar widespread public health construct regulations to protect con- nents of the reimbursable meal. However, I threats. Without it, we’d be vulnerable sumers. The President asked for believe that consumption of an array of to germ warfare. That’s why I advocate fruits and vegetables should be encouraged, enough money to get the new review not prescribed. Instead, the proposed rule its robust funding. process up and running. should be amended to encourage SFAs to I might add, this isn’t just science The SPEAKER pro tempore. The vary vegetable selections for healthier fiction that we see in movies. This is time of the gentleman has expired. school meals, as is currently done in the real, and this program is really vital to Mr. DICKS. I yield the gentleman an HealthierUS School Challenge. In addition I our future security. additional 30 seconds. support the following requirements as set In the USDA, the Department of Ag- Mr. FARR. Thank you very much for forth in the proposed regulation: riculture, particularly in the domestic yielding. Disallowing snack-type fruit or vegetables, food programs, remember, this is the And we didn’t give it enough money such as fruit leathers, fruit strips and fruit biggest program in America that deals to do that. And then in the last thing, drops; with the War on Poverty. And it’s very we dropped some crazy part into this Dried fruit counting as two times the vol- program, which I think has gotten a ume; good what we’ve done in here. This pre- lot of negative attention this week and ‘‘Fresh’’ leafy greens counted at 1⁄2 volume vents hunger, improves nutrition, and 1 deserves it, and that is that we, with- (1 cup = ⁄2 cup). grows healthier people in this country. Specific Recommendations and Concerns: This conference report actually pro- out any discussion or going to the rule, Crediting of Fruit and Grain Components— vides $36 million more than the Senate it pre-determines that the new regula- SFAs support the recognition of fruit and level for the WIC, the Women, Infants tions on tomato paste and tomato grain components in items such as crisps and puree and sodium can be part of the cobblers using volume as the measure. and Children program. It increases $570 million over the House bill for low- school nutrition program. They didn’t Crediting Salad Bars and Self-Serve consult with us. That’s wrong, and that Foods— The final rule needs to provide direc- weight babies and for those kinds of shouldn’t be done. tion for the Crediting of food served at Salad programs that will grow healthier ba- Bars and Self-Serve areas. While FNS has But it’s a good compromise bill. It’s bies, healthier people in this country. good. It means food for Americans; it issued policy memos regarding Salad Bars in Then there’s the Supplemental Nutri- means certainty for our farmers. It the National School Lunch Program (includ- tion Assistance Program, which we ing SP 02–2010—Revised, January 21, 2011), means help for the hungry around the the crediting of foods served at Salad Bars used to call food stamps. Many people world. I ask my colleagues to support and Self-Serve areas is not expressly ad- may not realize it, but the SNAP pro- it. dressed within the proposed rule. gram serves 15 percent of our fellow Mr. ROGERS of Kentucky. Mr. Crediting of Tomato Paste—SFAs support Americans during these difficult times. Speaker, I yield 2 minutes to a very continuing current tomato paste crediting as Fifteen percent of Americans. Over 40 distinguished member of our com- outlined in the Food Buying Guide for Child million Americans are now depending mittee, Oklahoma’s Mr. COLE. Nutrition Programs at pages 2–3: ‘‘Vegetable on food stamps. That number is up by Mr. COLE. I thank the gentleman for and fruit concentrates are allowed to be 7 million people over the last year. credited on an ‘‘as if single-strength recon- yielding. stituted basis’’ rather than on the actual Why? Because the economy’s downturn There are certainly Members on this volume as served:’’ SNA does not support has created a lot of hardship for fami- floor that are a lot more knowledge- basing the crediting of tomato paste based lies. That’s why the funding level of able about this particular piece of leg- on volume served. the SNAP program is so very, very im- islation than I am. I don’t serve on any

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.019 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7775 of the relevant subcommittees on ap- the words of a former great Member of with speculation. I know there were propriations. And so they’re going to this body, a former Speaker of the some on the Republican side who think talk about it in more depth and detail House from my home State, the late speculation has nothing to do with oil than I ever could. John McCormack, who, not wanting to prices and it has nothing to do with But I tell you what—and certainly I offend House rules, referred to one of food prices, and I think the evidence is would be the first to say that we do not his colleagues as someone whom he clearly to the contrary. People who can have a perfect process. I would have held in ‘‘minimum high regard.’’ That’s tell me that these ups and downs in the preferred individual bills. I think most essentially what I think about this bill. oil market are purely because of supply of us on the Appropriations Committee I thank my colleague from Massachu- and demand, I await for them to de- would. And we didn’t cut as much setts (Mr. OLVER) for the good work he scribe to me when Santa Claus arrives. money as I would have liked to have did on an important provision that The fact is that regulating deriva- cut. means a lot to public housing in Massa- tives is an essential part of preventing Having said those things, I want to chusetts involving federalization. I ap- the problems that we ran into a few really congratulate our chairman and preciate the increase in the FHA being years ago and we are now trying to pre- our ranking member for beginning the maintained so the people who live in vent. And level funding the CFTC—and process of restoring us to regular order. the areas I represent and in California level funding only because our Senate And I want to commend them for and elsewhere are not discriminated colleagues insisted on overcoming a bringing in a bill that spent less money against. So, for that, I am grateful. Republican effort here to give it less than we spent last year, that has im- But there is a serious flaw in the bill money in the current coming year than portant elements in it that protect gun in two areas, or there are two serious in the current year—is a terrible act of rights and gun ownership; and that, flaws in one area each. irresponsibility. frankly, is a very serious effort to deal The HUD budget is good in that fed- I hope that we will be able soon to in a very responsible way with a large eralization but severely lacking. I re- remedy this. But I fear that what you gret the fact that we will be spending portion of our government and, at the do with this, Mr. Speaker, in this legis- more on community development and same time, attack our larger physical lation is to open us up to the kind of ir- building important institutions in Af- problems. responsible, unregulated financial be- ghanistan than we are in America. Now, we’re going to hear a lot of havior that led to the greatest crisis And even more important is the issue Members over the course of the debate we have had in so many years. that the gentleman from California Mr. ROGERS of Kentucky. Mr. that think that the bill spent too much (Mr. FARR) mentioned. It is incredible Speaker, I yield 2 minutes to the gen- money, and others that think that it to me that my Republican colleagues tleman from Texas, a member of the spent too little money, and others that brought out of their subcommittee a conference committee, Mr. CARTER. tell us that it’s not perfect in every de- bill that would give the Commodity Mr. CARTER. Mr. Speaker, I rise as a tail. I would just remind those individ- Futures Trading Commission less proud member of this conference com- uals on both sides of the aisle, we are money this year in the coming year mittee and of this committee. the House of Representatives. We’re than it got this year. Now, the Senate The Constitution of the United not the House of Commons. was able to bring it back up to level States gives us instructions that we b 1530 funding. are to watch our treasury and protect Some of our Members sometimes Understand, we are talking about de- it and make sure that the money that rivative regulation. We’re talking we spend out of that treasury is appro- seem to think that all legislative and about AIG. We are talking about a dan- priate for the operation of this coun- all executive authority resides here. It gerously unregulated operation. We are try. Chairman ROGERS and the three doesn’t. Our Framers set up a very dif- talking about the thing that has us ranking members who have operated in ferent system, and we deal with a concerned now about the extent to this particular mini-bus have been very United States Senate that’s controlled which there may be a contagion from noble in that effort. by a different political party. And we Europe to America because of deriva- A commitment was made under the obviously have a President, our Presi- tives, credit default drops issued by Budget Control Act that we would stay dent, but a President of a different po- American banks. I think we have a within $1.043 trillion, and this first litical persuasion than the majority of handle on this, but we would do better start of finishing this appropriations this House, and that necessitates com- if we had the bill fully implemented. process will see to it that we meet that promise. That necessitates some give- You can read today in The New York commitment. Chairman ROGERS has and-take. Times about the role of the CFTC try- been very, very distinct and positive I think the process that has been ing to straighten out the MF problem. that he will meet that commitment, worked, if you will, by the chairman It is extraordinary that we give the and this is the first step to meeting and by the ranking member and by the Commodity Futures Trading Commis- that commitment. various subcommittee chairmen and sion a new responsibility. Because of It is important that although this is their ranking member counterparts has prior foolish moves by this Congress a noble effort, we have funded what is been a good and productive effort at and a President, we had not regulated needed, and we have given an open compromise. And it’s achieved real re- swaps, a very important new form of process both in subcommittee, com- sults, and it deserves real, and will derivative. They are a dangerous in- mittee, and on this floor. And by that, have, real and genuine bipartisan sup- strument, and they need to be regu- we have shown the American people port. lated. And this is a wholly new respon- that we are making our promises So I urge the passage of this impor- sibility for the CFTC. And the mem- known, that we are on the route to tant piece of legislation. I thank the bers of the Appropriations Committee turning this country around and set- chairman. I thank the committees for on the Republican side would have ting it back on a fiscal track that we their hard work. And let’s get back to given it, if they had their way, less by can sustain. the business of governing the greatest a significant amount for the next year I want to commend all who have been country on the planet. We made a good than this year. We got it up to even. involved in this process, both the rank- step here today. But let’s be very clear: People who do ing members and the chairmen, for Mr. DICKS. Mr. Speaker, I yield 3 not want to give the CFTC any addi- they have done noble work to come up minutes to the distinguished gen- tional money are basically telling the with this product. And this product is tleman from Massachusetts, the rank- American people that they think it was deserving of being supported by every ing member of the Financial Services just fine what AIG did. It was just fine member of this conference and of this Committee, Mr. FRANK. that we have these unregulated deriva- entire Congress, and I urge them to Mr. FRANK of Massachusetts. I tives, that people were able to accumu- support this noble product that has thank the gentleman from Washington. late debts far beyond what they could been a tough fight, but we have accom- I urge Members to vote for this bill, pay. plished it. although my enthusiasm is tempered. The CFTC was also given, under our Mr. DICKS. Mr. Speaker, I yield 1 As I contemplate this bill, I think of legislation, a specific mandate to deal minute to the gentleman from Maine

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.066 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7776 CONGRESSIONAL RECORD — HOUSE November 17, 2011 (Mr. MICHAUD), whom I’ve enjoyed 87, 88 new Republican freshmen, and we sibly addresses disaster spending, and working with on these important even have some sophomores and jun- many States and even more counties issues before our committee. iors—who didn’t even know what the 5- and cities had been affected by disas- Mr. MICHAUD. I thank the gen- minute rule was for the discussion of ters earlier this year. It also contains a tleman for yielding. an amendment on the floor. CR that will run until December 16 at I rise today in support of a provision So everybody in this Chamber under- fiscal year 2011 levels to allow our com- in the underlying bill that will move stands that sometimes you win and mittee to complete its work. the heaviest trucks traveling in Maine sometimes you lose, but at the end of It also represents an effort, I would off secondary roads and onto the inter- the day, if you’ve had a chance to ex- argue, Mr. Speaker, that both House state. press yourself and to articulate why and Senate appropriators, Democrats People in the State of Maine already your position is correct and then it’s and Republicans alike, are doing some- know the benefits of this commonsense either accepted or rejected by your col- thing that is responsible in order to provision. That’s why it has the sup- leagues, you can go home and put your avoid the plague of a government shut- port of organizations throughout the head on the pillow and feel pretty good down by reaching agreement that will State of Maine, such as the Maine De- about it. put our Nation on a more fiscally sus- partment of Transportation, the Maine This product is a result of that. tainable path. Department of Public Safety, the I’m particularly proud of the piece Tomorrow, it will be more historic in Maine State Police, because they know from the subcommittee that I’m in- nature. Yesterday, the debt clock it’s safer to have these trucks on the volved in with Mr. LATHAM as the chair ticked over $15 trillion. We cannot ig- interstate. and Mr. OLVER as the ranking member. nore that threat. Tomorrow, we will Additionally, letting heavier trucks What is remarkable to me is that this bring to the House floor an opportunity use the interstate reduces fuel con- wasn’t a ‘‘my way or the highway’’ ne- for something that Presidents Jeffer- sumption, cuts emissions, reduces trav- gotiation. There were numbers that son and Reagan both envisioned: a bal- el time, and reduces the competitive were important to some of us and not anced budget amendment. disadvantage between Maine and the important to others but that were im- Today’s CR, today’s minibus appro- surrounding States that already have a proved between the House version and priations bill, is an important step for the future of this fiscal year and this higher truck weight limit on their the conference report. I would cite, for country that we love and serve. Tomor- interstate. instance, the highway level. row will be an opportunity, for the leg- So I would like to thank my col- Now, because no one is willing to acy of future generations not yet born, leagues that supported my efforts to make the adult decision about what to do with the income stream at the high- to do something even more bold. ensure that this provision was included I thank the chairman for giving me a way trust fund, it was proposed to be a in the final bill, and I would encourage chance to serve on the committee, and paltry $27 billion. However, through ne- my colleagues on both sides of the aisle I urge my colleagues to support the re- gotiation between the House and the to support this bill. I want to thank port. the chairman and the ranking member Senate, it’s now restored to the author- Mr. ROGERS of Kentucky. Mr. for their efforts as well. ized level in the extension at $39 bil- Speaker, I yield 2 minutes to the gen- Mr. ROGERS of Kentucky. Mr. lion. tleman from Florida, a member of our The Community Development Block Speaker, could I ask the remaining committee, Mr. DIAZ-BALART. time? Grant program as well is recognized in Mr. DIAZ-BALART. I thank the The SPEAKER pro tempore (Mr. this conference report as being a valu- chairman for this opportunity, and I GRIMM). The gentleman from Kentucky able source of seed money for local really congratulate him. This is the has 11 minutes remaining. The gen- communities to add other money and first time in many years, since 2009, tleman from Washington has 51⁄2 min- to do good works. Something that is that we’ve actually come to the floor utes remaining. popular and unpopular in certain seg- with a conference report. Mr. ROGERS of Kentucky. Mr. ments on both sides of the aisle is Am- Think about that. Speaker, I yield 2 minutes to the gen- trak, which is now receiving the money Before, things just kind of came out tleman from Ohio, a member of the necessary to do its mission. of the blue, and we were forced to deal conference committee, Mr. LATOU- They’ve done a good job, and I urge with them without having an oppor- RETTE. its passage. tunity to see them and without going Mr. ROGERS of Kentucky. Mr. b 1540 through regular order. But this would Speaker, I yield 2 minutes to a member have not happened without the leader- Mr. LATOURETTE. I thank both of the conference committee, the gen- ship of our chairman, Chairman ROG- chairmen for yielding and also for the tleman from Alabama (Mr. BONNER). ERS. recognition. Mr. BONNER. I thank the chairman I cannot thank you enough, sir, for, Mr. Speaker, it’s like a breath of for yielding me time. once again, making the people’s House fresh air has blown through this Cham- Back home, the American people lis- do its work and do it in a responsible ber. I will tell you what a relief it is. ten to Members of Congress talk about way. Congratulations goes to Chairman things that are historic, about things I also want to commend the ranking ROGERS and Ranking Member DICKS that are important. Today, we’re talk- member for working hand-in-hand with and to the subcommittee chairs and ing about something that’s very impor- the chairman. the ranking members for getting us to tant. Tomorrow, we’ll actually be talk- Look, there is no denying that we are a point that was normal practice for ing about voting on something that on an unsustainable path of borrowing the first 12 years that I was here, which truly is historic. But for the moment, too much and spending too much. In is to do things like have a sub- let’s focus on, as my friend from Ohio past appropriations bills, they were committee markup. It’s where people just mentioned, something that this judged to be successful by how much get to offer amendments—good amend- Congress has not seen since 2009, which more taxpayer money we were spend- ments, bad amendments, in-between is a conference report. ing. I guess Congress felt good because amendments—but they were thoughts That’s the American legislative sys- we were spending more money. Well, that they had. We’d debate them; we’d tem working. It’s where Democrats and that has changed dramatically. This discuss them; and we’d vote on them. Republicans, Senators and Members of bill actually cuts funding. It actually The same thing happened in the full the House of Representatives, have spends less than the previous year’s committee; the same thing happened come together—to produce a perfect level. on the floor; and we actually had a con- document? Of course not. Conserv- So, again, it is a huge step in the ference between the House and the Sen- atives would like to cut more. Liberals right direction, but it also funds the es- ate. Some people had never been to a would like to spend more. sential services that the American peo- conference before because they hadn’t The fact is that, in this conference ple depend on. been here that long. I had Members report, we cut and terminate 20 pro- I want to recognize the work of come up to me who were new—we have grams, saving $456 million. It respon- Chairmen KINGSTON and WOLF, who

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.068 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7777 have balanced the funding for nec- Mr. ROGERS of Kentucky. Mr. I want to say a special thanks to my essary food safety and for, as an exam- Speaker, I yield 1 minute to the gen- friend from Washington, NORM DICKS, ple, law enforcement. They also made tleman from New Hampshire (Mr. for being a hardworking, cooperative some very difficult choices—but nec- BASS). ranking member. We worked together essary choices—to reduce spending. Mr. BASS of New Hampshire. I thank on this bill, and we will continue to do I had the privilege of serving on the the chairman for yielding. that. And I also want to thank the Transportation and Housing Sub- Mr. Speaker, I rise in support of the staff. You know, they don’t get enough committee, and I want to commend conference report, which includes the thanks. These are the people that do Chairman LATHAM for the work that he CJS approps bill for fiscal year 2012, practically all the work, day and night, has devoted to this bill. and I want to pay a special thanks to weekends included, holidays included. On the transportation side, this bill Chairman WOLF for his help in working So thank you to all of the staff, major- prioritizes rail and transit projects out a very difficult problem. ity and minority, for producing this that improve and expand existing sys- In 2010, a Federal prison was built in work. tems. It funds NextGen to help reduce Berlin, New Hampshire, which is in my Let me close, Mr. Speaker, by empha- traffic delays, and it funds the Federal district. However, due to the lack of sizing that this conference report is funding, the facility has been sitting highway program. It provides sufficient only the first step toward finishing fis- idle now for a year and a half at a sig- funding to renew every individual and cal ’12, and I urge my colleagues to nificant cost to taxpayers. So I applaud family voucher, for example, and it in- support this conference report. the inclusion of report language that cludes new oversight reforms at HUD Let me also remind our colleagues urges the Bureau of Prisons to begin that there are no earmarks in this bill. to root out waste, fraud, and abuse, the activation phase of this prison in which is such a huge issue. A lot of people said, you cannot pass a Berlin, New Hampshire, and others bill without earmarks. Well, this bill This conference report prioritizes where construction has been completed government spending for vital pro- has no earmarks, not one, not a single but where the facilities currently sit one. It also reduces dramatically Fed- grams, but it also reduces waste and, idle. again, puts us on a path where we will eral spending. And when we finish—and not bankrupt the United States of b 1550 I want my colleagues to hear this America. Additionally, I would like to thank plainly and clearly—when we finish all I urge my colleagues to join me in Mayor Grenier in Berlin for his dogged 12 bills, we will be at $1.043 trillion, not supporting this fine piece of legisla- determination and my colleagues on a penny more. We will be at $1.043 tril- tion. Is it perfect? No. But it’s the best the Appropriations Committee for lion, as provided by the cap under the piece of legislation and the only one in their special attention to this very se- Budget Control Act. I guarantee that many, many years that has actually rious problem. number. I guarantee that number, hear come to the floor through regular proc- Once opened, this prison will house me. So I urge an ‘‘aye’’ vote on this ess after an amendatory process. over 1,000 minimum-security and me- first step towards fiscal sanity. I yield back the balance of my time. I commend the chairman, and I sup- dium-security adult male offenders. It Mr. KUCINICH. Mr. Speaker, I strongly sup- port the legislation wholeheartedly. will produce over 300 jobs for the region port a number of provisions in H.R. 2112, the Mr. ROGERS of Kentucky. Mr. and bring $40 million to the local econ- Fiscal Year (FY) 2012 Agriculture, Rural De- Speaker, I yield 2 minutes to the gen- omy. It is a very worthwhile program. velopment, Food & Drug Administration and tleman from Mississippi, a member of I thank you for being attentive to this Related Agencies Appropriations Act, such as our committee and a very valued mem- issue with me. I urge final passage of the vital funding for low-income food assist- ber, Mr. NUNNELEE. the bill. ance programs. I must voice my outrage at Mr. NUNNELEE. I thank the chair- Mr. ROGERS of Kentucky. May I in- language included in this legislation which bla- man for yielding. quire of the time remaining. tantly ignores and imperils the health of this As a member of this historic fresh- The SPEAKER pro tempore. The gen- tleman from Kentucky has 21⁄2 minutes, country’s school children. man class, we came here committed to Just days ago, language was inserted into cutting government spending because and the gentleman from Washington has 51⁄2 minutes remaining. H.R. 2112 which prevents the United States we know that cutting government Department of Agriculture (USDA) from imple- spending is tied directly to increasing Mr. ROGERS of Kentucky. Mr. Speaker, I am the last remaining menting important new school lunch standards job opportunities in this Nation. speaker on my side, so I will yield to that are scheduled to go into effect next year. This bill does something that has not The language also allows pizza, if it has at happened since World War II. For the the gentleman. Mr. DICKS. I yield myself as much least two tablespoons of tomato paste, to be second year in a row, we are now on the time as I may use. defined as a vegetable. path to cutting government spending, I just want to say that I think that Childhood obesity is a disease effecting not by the definition traditionally used this is a bill that we’ve worked hard 17% children throughout the country. Accord- by Washington, which is cutting the on, we’ve worked with the other body; ing the Centers for Disease Control and Pre- rate of growth, but by the definition of and I hope that the Members will sup- vention, childhood obesity has more than tri- the people of America: actually cutting port this bill. And I want to remind ev- pled in the past 30 years and in 2008, more spending. erybody, this has got the CR in it. than one third of children and adolescents We also came here to change the way We’ve got to keep the government were overweight or obese. Nationally sub- Washington does business. President open. It’s clean, as clean as any one sidized meals at schools have a responsibility Reagan observed that government pro- that I have seen. So I hope that we can to feed our children healthy and nutritious grams, once launched, never disappear. pass this bill with a very strong bipar- food. The USDA has developed new school Actually, a government bureau is the tisan vote. I’m urging my colleagues on nutrition standards and is ready to implement nearest thing to eternal life we’ll ever the Democratic side to support this them. Instead, we are allowing these indus- see on Earth. bill. tries to make and keep our children sick, to This conference report terminates a I want to, again, congratulate the put them at risk for serious cardiovascular dis- total of 20 programs from the Federal chairman and all of our staff for the eases, type 2 diabetes, stroke, osteoarthritis budget. Now, I wish it would have cut work that they’ve done on this bill. It’s and several types of cancer. more spending, but when I look at the a good bill. It’s not perfect, but it’s a The needs of special interest groups are opportunity to cut 20 programs from lot better than the alternative. And we being put ahead of the health needs of chil- our Federal budget—something that need to keep moving on these appro- dren across the country. By including these rarely happens in this town—I gladly priations bills. I hope we can pass the provisions, we are allowing the salt, potato support this conference report. other nine in December, and we have to growers and frozen food industries to continue Thank you, Mr. Chairman, for your do that. feeding the childhood obesity epidemic. Ac- work. I yield back the balance of my time. cording to the Institute of Medicine, a typical Thank you to the ranking member Mr. ROGERS of Kentucky. Mr. high school lunch contains around 1,600 milli- and the minority for working with us Speaker, I yield myself the balance of grams of sodium; this is more than half of the to eliminate those 20 programs. my time. daily recommended amount.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 9920 E:\CR\FM\K17NO7.070 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7778 CONGRESSIONAL RECORD — HOUSE November 17, 2011 One of the largest barriers school nutrition tory savings to permanently increase the base spending, which for fiscal year 2012 would programs face is cost. This is why I have au- of discretionary spending. The bill also in- amount to a maximum adjustment of $11.3 bil- thored a bill that would eliminate the tax de- cludes damaging housing policies that contrib- lion. But rather than reserving this breathing ductibility of advertising and marketing of fast uted, along with many government policies, to space for truly dire emergencies, the Senate food and junk food that targets children. De- recent financial crises and increases the finan- took this as an opportunity to stretch this ex- spite the fact that research shows that mar- cial exposure of the federal government. ception to cover a number of programs that keting and advertising is a primary factor in in- Instead of advancing solutions in the face of are not considered our primary disaster relief creasing obesity rates in children, the tax code this crisis, the President has not put forward a programs. The primary means for providing allows companies to deduct their advertising credible budget and the Senate under Demo- immediate disaster relief is through FEMA’s and marketing costs from tax returns. The cratic leadership has failed to pass a budget Disaster Relief Fund, DRF, which will be in- government essentially subsidizes childhood in over 930 days. Despite their failure to cluded in a future appropriations bill and for obesity. My legislation has the potential to produce a budget, they are working hard to in- which the Administration requests another $7 raise billions of dollars to pay for student nutri- crease deficit spending. billion. But Senate Democrats have expanded tion programs. The House of Representatives actually disaster relief to programs such as funding for Mr. MARKEY. Mr. Speaker, though the Na- passed a budget, ‘‘The Path to Prosperity,’’ the Economic Development Administration, tional Oceanic and Atmospheric Administra- which would put us on a path to balancing the Community Development Block Grants, and tion, NOAA, may not be a household name, budget and saving and strengthening critical agricultural grants. This is funding in this one Americans rely on this agency every day to programs such as Medicare—without resorting bill alone. My concern is that the Senate and provide critical weather information and to to trillion dollar tax hikes that will damage our Administration will push the disaster relief ex- support ecologically sustainable and economi- economy and hinder job growth. We passed ception to add even more funding in future cally vibrant coastal communities. 2011 has the Budget Control Act, BCA, to cut nearly bills, as a means of spending above the caps been a record year for extreme weather disas- one trillion of dollars in spending and impose we agreed to as part of the debt limit. ters, including floods in the Midwest, extensive statutory caps on future appropriations. Under The bill also includes $9.1 billion in drought in Texas, a hurricane in Vermont and Chairman ROGER’s leadership, we also cut fis- Changes in Mandatory Program Spending, a debilitating October snowstorm in New Eng- cal year 2011 spending to begin to bring CHIMPS, that score as savings in the budget land. The latest insurance analysis finds that spending under control. Today, we consider year, but that may not actually reduce costs the United States has experienced 15 billion- H.R. 2112, the conference report on three ap- for taxpayers. One provision in this bill related dollar weather disasters thus far in 2011. De- propriations bills: Agriculture; Commerce, Jus- to the Crime Victims Fund creates nominal spite these substantial costs, the ability to ac- tice, and Science; and Transportation, Hous- savings of $6.6 billion this year, essentially off- curately predict and therefore prepare for such ing and Urban Development. setting $6.6 billion of other spending in the bill. events not only prevented additional economic Republicans control the House, but with the But all of these savings are reversed in 2013. To the Appropriations Committee’s credit, this losses, but also saved lives. The funding lev- Senate and the White House controlled by bill makes some progress in reducing the use els in this bill will support the Joint Polar Sat- leaders who want to increase spending, and of these savings gimmicks—reducing the use ellite System, which provides NOAA with the not reduce it, our ability to address this prob- of these CHIMPS by about $1 billion com- technology to continue to make timely and ac- lem is limited. I know our Appropriations Com- pared to last year’s bills. But, further vigilance curate weather predictions. mittee has worked hard to try to hold the line Unfortunately, this bill prevents NOAA from on spending. Despite the challenges our Ap- is warranted in the use of such budgetary ma- undertaking a budget neutral reorganization to propriations Committee faced, I have serious neuvers. Lastly, this bill includes a housing rider in- create a Climate Service, which was first pro- concerns regarding the precedent it sets for creasing conforming loan limits for the Federal posed by President Bush’s administration. In- future spending. H.R. 2112 provides a total of Housing Administration. Increasing the federal creasingly businesses, communities, and indi- $130.4 billion in new spending, including $2.3 role in housing markets, in this case by in- billion of ‘‘disaster relief’’ funding. Excluding viduals are asking NOAA for climate informa- creasing housing subsidies, is bad policy. It in- the disaster funding the bills are $757 million tion so they can make informed long-term de- creases risk and exposure to the taxpayer, below the levels funded in 2011. Including the cisions that impact the economy, public health, who will have to pay for non-performing loans. disaster relief funding the bills are $1.6 billion and safety. By continuing to oppose all things Bailouts of Fannie and Freddie have cost tax- above the 2011 levels. In addition, this bill ’climate’, Republicans have denied NOAA the payers to date about $170 billion due to risky uses changes in mandatory spending, ability to provide these critical products and loans in their portfolios. services. CHIMPS, which are temporary savings, to off- We have to offer real leadership in budg- This bill also unfortunately reduces funding set what I fear will be a permanent increase eting if we are to successfully resolve our fis- levels for NOAA’s National Marine Fisheries in the base of non-defense spending. cal challenges. This bill reflects the com- Service to 2005 levels. NOAA is responsible In the House-passed budget, we set a total promises inherent in divided government and for the conservation and management of fish- limit on appropriations of $1.019 trillion for FY we should recognize it both for the progress it eries in the United States and adequate fund- 2012. In the Budget Control Act, we increased makes and for how much further we have to ing is needed to protect our iconic American that limit to $1.043 trillion and got statutory go. fishing industry. Our fishing industry is a crit- limits on spending for 10 years producing Ms. EDDIE BERNICE JOHNSON of Texas. ical component of our national economy. In nearly $1 trillion in spending reductions over Mr. Speaker, I rise today in support of the 2010, the United States landed 8.2 billion 10 years. This bill puts us potentially on a very conference report containing fiscal year 2012 pounds of fish valued at $4.5 billion dollars. troubling path. The BCA established a new ex- appropriations for Agriculture, Commerce, Jus- We know improved data collection and stock ception to allow funds Congress designates as tice, Science, Transportation, Housing, and assessments allow NOAA to make better and being for disaster relief to be added on top of Urban Development. My support is somewhat more timely fishery management decisions. the discretionary caps. There is no mandate to tempered, as I find several items to cheer in We must continue to push for adequate fish- increase spending above $1.043 trillion. It is this agreement and several that are of great eries science funding, which is critical to sup- entirely in our control. And, there are conceiv- concern to me. But recognizing the constraints porting our fishermen and coastal commu- ably circumstances in which a disaster could within which the appropriators were working, I nities. be of such severity or immediacy that Con- thank and applaud them for their hard work to I remain concerned that NOAA’s role in cli- gress could choose to provide relief funding achieve agreement and bring this bill before mate and fisheries science will be hindered by above and beyond the discretionary caps. But us today. In particular, I want to thank Chair- these funding levels, but will support this bill. given the seriousness of the Nation’s fiscal man WOLF and Ranking Member FATTAH for Mr. RYAN of Wisconsin. Mr. Speaker, on problems, such funding should be limited to their long-time support for research and devel- Tuesday, the national debt surpassed the $15 only the most exigent circumstances. Instead, opment and STEM education. trillion mark. We cannot borrow and spend our the Administration and Senate Democrats As Ranking Member of the Committee on way to prosperity. We must get control of have insisted on using this disaster relief loop- Space, Science, and Technology, today I limit spending. While the Appropriations Committee hole in a way that, if not closely monitored, will my remarks to those agencies in this con- deserves credit for getting an agreement on undo the hard-won savings contained in the ference report that are within my committee’s the three appropriations bills in this measure, BCA. jurisdiction: NIST, EDA, NOAA, OSTP, NASA, I’m concerned where we are headed on The Budget Control Act language allows for NSF, and certain of FAA’s activities. spending based on the use of ‘‘disaster’’ fund- the discretionary cap to be raised by as much Let me begin with what I think is one of the ing and the potential use of temporary manda- as the historical average of past disaster bright spots in this conference agreement, and

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\CR\FM\K17NO7.059 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7779 that is the budget for the National Science appointed but not surprised that this bill does riders that put special interest above the inter- Foundation. NSF is the only federal agency not support the Administration’s efforts to bet- ests of the American people. that supports basic research across the entire ter align the agency to provide reliable weath- The conference report contains key invest- range of science and engineering disciplines, er and climate products and services now and ments in infrastructure that will put Americans continuingly refreshing both our intellectual into the future. If left uncorrected, current polit- back to work. Funding for high ay and transit capital and the new ideas and technologies ical efforts to undermine these services will programs has been set at $39.8 billion for the that combined serve as the backbone for the have significant negative economic con- federaI aid highway program, and $10.5 billion creation of new industries and jobs in our na- sequences down the road. for transit programs, allowing for 400,000 tion. The Foundation also plays a critical lead- With respect to the Economic Development more jobs than the House version of the bill. ership role in the nation in improving the qual- Administration, EDA, I am pleased that the I am extremely pleased that the conference ity of STEM education at all levels and for all agreement provides $5 million in funds for agreement includes funding for METRO rail in students. Therefore I am quite pleased with loan guarantees for small- and medium-sized the Houston, Texas North Corridor the 2.5 percent increase proposed for the manufacturers, as authorized last year in the ($94,616,000) and Southeast Corridor Foundation. This is exactly what setting prior- America COMPETES Reauthorization Act. ($94,616,000) for a total of $189,232. This ities during tough budget times should look And while I am disappointed that the bill does funding is critical for the regional mobility of like. not include a separate line item of funding for the citizens in and around the 18th Congres- Likewise, I am pleased that the Scientific the Regional Innovation Strategies program, sional District. At a time when cities around and Technical Research Budget at the Na- as also authorized in the America COMPETES the country are struggling with a backlog of tional Institute of Standards and Technology is Reauthorization Act, I am pleased that the transportation projects amidst high unemploy- increased by 11 percent. I am also pleased agreement recognizes the importance of ment, this funding is critical to improving trans- that the agreement maintains funding for the EDA’s work in regional innovation and encour- portation infrastructure while creating jobs. Manufacturing Extension Partnership, MEP, ages it to continue. Houston, in particular, needs this infrastruc- program, but I am very disappointed that the However, I am concerned about the budget ture to relieve congestion and provide ade- agreement eliminates all funding for the Tech- for the Office of Science and Technology Pol- quate public transportation. Furthermore, this nology Innovation Program and the Baldrige icy. I fear that the 32 percent cut to OSTP will investment in the city’s New Start Transit National Quality Award, and fails to provide do significant collateral damage to the formal Project will create jobs for Houstonians who any funding for the promising AMTech pro- infrastructure that helps ensure that billions of want to work to support their families and im- gram. dollars in federal R&D initiatives are coordi- prove their communities. As the Ranking Member of the House While I am pleased that the agreement pro- nated across the agencies efficiently and ef- Homeland Security Subcommittee on Trans- poses $17.8 billion for the National Aero- fectively. I wish the appropriators would have portation Security, I understand the vital im- nautics and Space Administration, NASA, a found another path forward to deal with the portance of ensuring the nation has a devel- strong sign of support within these challenging disagreements that motivated this cut, and I fiscal times, we must be mindful that the over- oped transit system. Houston has been work- certainly hope that in the next fiscal year we ing for over 20 years to bring these New Start all program that NASA is being asked to ac- can see this matter resolved and OSTP made complish with these funds has not changed Projects to fruition. I have worked tirelessly to whole again. secure the necessary funding to complete the significantly despite yearly reductions in the Finally, with respect to the FAA, I am en- METRO RAIL New Start Projects, and I am agency’s appropriations. That said, I am couraged by the conferees’ recognition that ar- very pleased this project was included in the pleased that the bill provides funding to main- bitrary funding reductions imposed earlier by tain the James Webb Space Telescope pro- conference report. the House Majority were unwise as such cuts This legislation also contains $2.3 billion gram on a schedule for launch in 2018 and negatively affect aviation safety and halt job dollars in funding for disaster relief. Adequate that the bill provides funding and direction for creation. Furthermore, I appreciate the con- funding for disaster relief is imperative to our NASA to pursue a flagship planetary science ferees’ support of NextGen air traffic mod- nation’s emergency preparedness. As a Rep- mission, if it can be scoped so that NASA’s ernization activities because of the importance resentative from Texas, I have seen firsthand costs can be accommodated within appro- of NextGen in preventing future gridlock in our the necessity for disaster relief funding. During priated funding levels. While funding for the skies, while allowing FAA to manage air traffic Hurricane Katrina, there were insufficient Space Launch System, SLS, and Multi-pur- in a safe and environmentally responsible quantities of generators forced hospitals to pose Crew Vehicle, MPCV, proposed in this manner. I agree with the funding level pro- evacuate patients. Local governments waited bill is more than requested by the Administra- vided to FAA’s commercial space regulatory days for commodities like ice, water, MREs, tion, it is significantly below authorized levels. activities, since hearings conducted by the and blue tarps. Evacuees from Texas arrived This downward trend cannot continue. It is Science, Space, and Technology Committee in Shreveport and Bastrop shelters that were vital that the SLS and MPCV stay on track so and its Space and Aeronautics Subcommittee grossly unfit for occupancy, and 2,500 people that we reinstate a U.S. government capability during this session confirmed that commer- were forced to use the same shower facility. to launch American crews into orbit, provide a cializing space transportation has not pro- Emergency preparedness is only one part of back-up crew and cargo transfer capability for gressed as quickly as expected and thus the keeping our communities safe. We also need the International Space Station, and return the need for the additional funding sought in the to ensure that our law enforcement agencies United States to the forefront of the human ex- original FAA budget request was not support- have the resources they need to uphold law ploration of outer space beyond low-Earth able. and order at all times. The Community Ori- orbit. In closing, I once again would like to thank ented Policing Services, COPS, Program for I am pleased that the conference report pro- Chairman WOLF, Ranking Member FATTAH, state and local law enforcement will receive vides the National Oceanic and Atmospheric and their colleagues in the House and Senate $198.5 million dollars in this legislation, includ- Administration, NOAA, with a $306 million in- for all of their work on this agreement, and for ing $166 million dollars for COPS hiring to put crease above this fiscal year’s level. However their implicit recognition of the critical role that more police officers on the streets, keeping this increase is insufficient for the many mis- federal investments in R&D and STEM edu- our citizens safe. As a senior Member of the sions that this important agency is being cation play in ensuring our nation’s long-term Homeland Security, I know that strong state asked to undertake at this time. America has health and prosperity. and local law enforcement agencies are vital already experienced in this year alone ten ex- Ms. JACKSON LEE of Texas. Mr. Speaker, to our national security. treme weather events with economic costs to I rise today to debate the conference report on I am also pleased to see funding for the Of- date approaching $50 billion. The National H.R. 2112, containing FY 2012 appropriations. fice of Violence Against Women. The con- Weather Service provides weather and climate This bill will fund the departments of Agri- ference agreement includes $412.5 million dol- forecasts and warnings for the United States culture, Commerce, Justice, Transportation, lars for programs to prevent violence against and maintains the national infrastructure of ob- Housing and Urban Development, as well as women, and assist victims of violent crime. serving systems that gather and process data NASA Additionally, the bill funds the govern- Across the country there are non profits, com- worldwide from the land, sea, and air. The ment through December 16, 2011. munity based organizations, and religious Joint Polar Satellite System weather satellite I am pleased to see the conferees were groups that are diligently working to address program, a vital component of this mission, able to restore essential funding for jobs, inno- all the issues that arise from domestic vio- must have consistent and sufficient levels of vation, food safety, and vital investments in in- lence. One such organization is in my home- funding in order to provide these much need- frastructure. Moreover, the bill has come back town of Houston, TX, the Houston Area Wom- ed products and services. Further, I am dis- from conference free of controversial policy en’s Center. Programs such as the Houston

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A17NO7.022 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7780 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Area Women’s Center will benefit from the cluding the Minority University Research and promise we should have made. The nature of grants made available through this funding. Education Program, I wholeheartedly believe FHA’s guarantee is inherently different than Throughout the budget and appropriations we need to further the space program. The that of the GSEs, the former being more ex- process, I have been concerned about the ad- Johnson Space Center in Houston attracts the pensive to the taxpayer. Historically, FHA- verse effects of spending cuts on minority and best and brightest minds in the nation, and we guaranteed loans have been a narrowly tar- underserved populations. I am extremely must give them the resources they need. geted subsidy, a state to which I would like to pleased to see that the Minority Business Re- There is no blueprint for great achievement, see FHA eventually return. However, by ex- source Center program received $922,000 dol- but allowing for continued exploration of the tending only the FHA loan limits now, we are lars in funding to provide loans and capital to universe can lead to great discovery. essentially granting FHA a complete monopoly invest in minority owned businesses. The con- Despite these reservations, I am pleased to in this market segment at a time when the ference report also allocates $3.06 million dol- support this measure, and urge my colleagues FHA is under considerable stress. Inde- lars for minority business outreach. These ef- to do the same. pendent actuaries have estimated a 50 per- forts show a commitment to revitalizing small Mr. CAMPBELL. Mr. Speaker, I rise in sup- cent chance that the agency will need a fed- business and giving everyone the opportunity port of H.R. 2112, the Consolidated and Fur- eral bailout of its own in the coming year as to make it in America. ther Continuing Appropriations Act, but want to it continues to draw down its reserves in a de- This bill represents an investment in Amer- express serious concern over a provision that flating housing market. ica’s future by allocating $4.5 million dollars would only extend some loan limits, and not It’s with this in mind that I will cast my vote for the Office of Science and Technology Pol- others, that are guaranteed, in one form or an- in favor of H.R. 2112, but do so with signifi- icy. In the report, the conferees state their other, by the United States government. cant reservations. support for improvements to the federal For several months, I have been advocating Ms. KAPTUR. Mr. Speaker, I rise to reluc- Science, Technology, Engineering and Mathe- for a temporary extension, and now a restora- tantly support the Fiscal Year 2012 Appropria- matics, STEM, education. STEM education is tion and temporary extension, of the Govern- tions Minibus. absolutely imperative for Americans to com- ment Sponsored Enterprise, GSE, conforming Given current budgetary constraints pri- pete in the increasingly globalized economy. A and Federal Housing Administration, FHA, marily caused by unnecessary tax cuts for the commitment to improving STEM education is a loan limits. GSE conforming and FHA loan lim- rich, this bill generally reduces spending but commitment to our children and our students. its were increased in 2008 to stabilize the provides additional resources for certain pro- H.R. 2112 also takes steps to further our housing market during the economic crisis, grams that will help create jobs. economic recovery after the 2008 financial cri- and fill a gaping void left by retreating private For example, the Federal Highway Adminis- sis. In the wake of the housing crisis, many re- financial institutions. Unfortunately, the hous- tration estimates that a $1 Billion expenditure sponsible, hard working Americans lost their ing market remains troubled and the painful on highway construction supports 30,000 jobs. The underlying bill provides nearly $40 Billion homes, not because they neglected to pay cycle of defaults, distressed sales, fore- for highway construction. their mortgage, but because their rates went closures, and price declines has caused a se- However, the legislation also includes un- up unexpectedly, or because they lost their vere delay in our economic recovery. Even necessary riders that will allow corporate jobs. In an effort to prevent more families from now, private lenders remain incredibly risk- packers and processors to continue to manip- losing their homes, this bill provides $45 mil- averse, hesitating to provide long-term, fixed- ulate the livestock market to the detriment of lion dollars for non-profits to advise families on rate mortgages to the vast majority of the mar- our farmers and ranchers. foreclosure prevention. ket. Until Congress decides how to move for- Funding is withheld from USDA in this bill While I support this measure, I also have ward with broad reform to fix our broken hous- from implementing a set of Rules that would some reservations. While I am glad to see the ing finance system, we should not dismantle restore balance and fairness to the livestock Women, Infants, and Children, WIC, nutrition the few remaining support systems that are marketplace. program funded at $6.6 billion, $570 million preventing the housing industry from col- Is it fair that the average chicken grower above the House level, and $36 million above lapsing further. makes 34 cents per bird while the processing the Senate level, I am concerned that the For these very reasons, I introduced H.R. corporation makes $3.23 per bird and this Supplemental Nutrition Access Program, 2508, a bill that would have extended both Congress prevents the agency tasked with SNAP, and child nutrition have been funded at sets of loan limits for two fiscal years after protecting farmers from doing its job? $98.6 billion, $2 billion below President their expiration on October 1, 2011. Doing so It is my sincere hope that USDA implements Obama’s request. Moreover, the decision to would have given certainty to housing and fi- what remains of the fairness Rule as soon as render tomato paste and tomato sauce as nancial market participants and allowed possible and enforces existing laws to protect adequate servings of vegetables undermines enough time for Congress to thoughtfully con- farmers and ranchers from corporate abuses. efforts to teach children healthy eating habits sider broad reform legislation. Unfortunately, I urge my colleagues to support the Appro- at a young age. Congress chose not to act on my legislation, priations Minibus. While the funding levels for SNAP allow all nor implement any other legislation that would Mr. HENSARLING. Mr. Speaker, the legisla- individuals and families that meet the pro- have extended the loan limits out. tion before us would increase taxpayer expo- gram’s criteria for aid to receive benefits, there Since then, I and many of my colleagues in sure to the housing market by raising con- is nothing in the conference report that ad- Congress have received countless calls from forming loan limits at the Federal Housing Ad- dresses the very serious problem of urban frustrated constituents in our districts who are ministration (FHA). food deserts, communities in which residents now unable to transact in the housing markets Hardworking taxpayers, struggling to make do not have access to affordable and healthy due to the inability to find a private lender will- their own mortgage payments, should not be food options. Food deserts disproportionally ing to finance them. Just yesterday, new data forced to subsidize the purchase of $729,750 affect African American and Hispanic commu- was released on housing market activity in homes. Taxpayers have already spent almost nities. Fast food restaurants and convenience October showing that home sales are down an $200 billion dollars bailing out the Government stores line the blocks of low income neighbor- average of 20 percent in some markets from Sponsored Enterprises (GSEs), Fannie Mae hoods, offering few, if any healthy options. a year earlier in the segment of the market and Freddie Mac—why should they also be Food deserts have greatly impacted my that was relying on these higher loan limits. In forced to subsidize the purchase of costly constituents in the 18th Congressional District, my home district, sales of homes in this mar- homes for affluent borrowers through FHA? and citizens throughout the state of Texas. ket segment fell by 71 percent since Sep- If the GSEs with their implicit guarantee Texas has fewer grocery stores per capita tember. were a problem, then expanding FHA with its than any other state. The U.S. Department of As amended by the Senate, H.R. 2112 explicit 100 percent taxpayer-backed guar- Agriculture, USDA, identified 92 food desert would have extended both sets of loan limits antee is a larger problem. I fear that raising census tracts in Harris County alone. These and mitigated costs to the taxpayer by in- conforming loan limits at FHA while allowing areas are subdivisions of the county with be- creasing the guarantee fees assessed on larg- the GSE limits to remain at current levels will tween 1,000 to 8,000 low income residents, er loans. However, the compromise made by push all new mortgage originations between with 33 percent of people living more than a the Conference Committee to only restore the $625,500 and $729,750 into full taxpayer mile from a grocery store. loan limits for mortgages guaranteed by FHA backing through FHA. I am also concerned about the decrease in is a half-measure and one that ignores the tre- To make matters worse, FHA’s present fi- funding for NASA found in this report. While I mendous need for restoration of the con- nancial state is precarious. For the past two am very pleased that NASA’s budget does in- forming loan limits. While this is better than no years, its single family Mutual Mortgage Insur- clude $138 million dollars for education, in- extension of either loan limit, it is not the com- ance Fund (MMIF) has been undercapitalized.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 9920 E:\CR\FM\A17NO7.024 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7781 This fund, which is supposed to hold sufficient The SPEAKER pro tempore. Pursu- Schilling Smith (WA) Walz (MN) Schock Speier Wasserman reserves against unexpected future losses on ant to House Resolution 467, the pre- Schrader Stivers Schultz its existing insurance, is statutorily required to vious question is ordered. Schwartz Sutton Watt maintain a 2% capital cushion. As of FHA’s The question is on the conference re- Scott (VA) Thompson (CA) Waxman most recent actuarial report, the Agency is Scott, David Thompson (MS) Webster port. Serrano Thompson (PA) Welch currently 88% below their statutorily required Pursuant to clause 10 of rule XX, the Sessions Thornberry West minimum capital ratio. To put that number in yeas and nays are ordered. Sewell Tiberi Whitfield perspective, FHA is currently more than ten Sherman Tierney Wilson (FL) The vote was taken by electronic de- Shuler Tonko Wittman times more leveraged than Lehman Brothers vice, and there were—yeas 298, nays Shuster Tsongas Wolf was when it filed for bankruptcy. 121, not voting 14, as follows: Simpson Turner (NY) Womack Last week, Dr. Joseph Gyourko, an Amer- Sires Turner (OH) Woodall [Roll No. 857] ican Enterprise Insitute (AEI) scholar and real Slaughter Upton Yarmuth YEAS—298 Smith (NE) Van Hollen Yoder estate and finance professor at the University Smith (NJ) Visclosky Young (AK) of Pennsylvania’s Wharton School, released a Ackerman Doyle Lofgren, Zoe Smith (TX) Walden Young (FL) Aderholt Dreier Long report suggesting that FHA is underestimating Alexander Edwards Lowey NAYS—121 future losses by many tens of billions of dol- Altmire Ellmers Lucas Adams Grijalva Pence Andrews Emerson Luetkemeyer lars. Dr. Gyourko estimated that the recapital- Akin Guinta Petri Baca Engel Luja´ n ization required will be at least $50 billion, and Amash Harris Poe (TX) Bachus Eshoo Lungren, Daniel likely much more, even if housing markets do Amodei Hastings (FL) Polis Baldwin Farr E. Austria Hensarling not deteriorate unexpectedly. Barletta Fattah Lynch Pompeo Bartlett Herger Posey Dr. Gyourko is not the only one who thinks Barrow Fitzpatrick Maloney Barton (TX) Herrera Beutler Bass (CA) Flores Marino Price (GA) FHA will need a bailout. In FHA’s November Blackburn Holden Quayle Bass (NH) Forbes Markey Boustany Huelskamp 15, 2011, annual report to Congress on the fi- Reed Becerra Fortenberry Matheson Brady (TX) Huizenga (MI) Reyes nancial status of the MMIF, their independent Benishek Frank (MA) Matsui Brooks Hultgren actuary acknowledged there is a nearly 50% Berg Frelinghuysen McCarthy (CA) Broun (GA) Hurt Ribble chance they will need a bailout: ‘‘With eco- Berkley Gallegly McCarthy (NY) Bucshon Jenkins Rigell Berman Garamendi McCaul Ross (FL) nomic net worth being very close to zero Buerkle Johnson (IL) Bilbray Gerlach McCollum Burgess Jones Royce under the base-case forecast, the chance that Bilirakis Gibbs McDermott Burton (IN) Jordan Rush future net losses on the current, outstanding Bishop (NY) Gibson McGovern Canseco King (IA) Ryan (OH) Bishop (UT) Gonzalez McIntyre portfolio could exceed current capital re- Chabot Kinzinger (IL) Ryan (WI) Black Goodlatte McKeon Chaffetz Kucinich Schakowsky sources is close to 50 percent.’’ Blumenauer Gosar McKinley Clarke (NY) Labrador Schmidt Bonner Granger McMorris Even the Obama Administration has ac- Coffman (CO) Lamborn Schweikert Bono Mack Graves (MO) Rodgers knowledged a need to scale back taxpayer Conyers Landry Scott (SC) Boren Green, Al McNerney DesJarlais Lankford support for the housing finance system. In its Boswell Green, Gene Meehan Scott, Austin Duffy Lee (CA) Sensenbrenner February 2011 report to Congress on options Brady (PA) Griffin (AR) Mica Duncan (SC) Lummis Braley (IA) Grimm Michaud Southerland for the future of housing finance, the Adminis- Duncan (TN) Mack Stark Buchanan Guthrie Miller (NC) Ellison tration encouraged Congress to let the ele- Marchant Stearns Butterfield Gutierrez Miller, Gary Farenthold McClintock vated loan limits expire. I do not often find my- Stutzman Calvert Hahn Miller, George Fincher McCotter Sullivan self in agreement with the Obama Administra- Camp Hall Moore Flake McHenry Terry tion, but in this instance, we agree that the pri- Campbell Hanabusa Moran Fleischmann Meeks Cantor Hanna Murphy (CT) Tipton vate sector simply cannot compete with gov- Fleming Miller (FL) Capito Harper Nadler Foxx Miller (MI) Towns ernment guarantees. The best way to get pri- Capps Hartzler Neal Franks (AZ) Mulvaney Vela´ zquez vate capital in the game is to get the govern- Capuano Hastings (WA) Nunes Fudge Murphy (PA) Walberg Cardoza Hayworth Nunnelee Garrett Myrick Walsh (IL) ment out. Carnahan Heck Olson It is imperative that we work toward com- Gingrey (GA) Neugebauer Waters Carney Heinrich Olver Gohmert Noem Westmoreland prehensive housing finance reform that will Carson (IN) Higgins Owens Gowdy Nugent Wilson (SC) end bailouts and get taxpayers off the hook for Carter Himes Palazzo Graves (GA) Paulsen Woolsey Cassidy Hinchey Pallone Griffith (VA) Pearce Young (IN) bad housing bets. Unfortunately, the under- Castor (FL) Hinojosa Pascrell lying legislation works against this goal and for Chandler Hirono Pastor (AZ) NOT VOTING—14 Chu Hochul Payne that reason, I must oppose the bill. Bachmann Filner Paul Cicilline Holt Pelosi Mr. RICHMOND. Mr. Speaker, I missed roll- Biggert Gardner Richmond Clarke (MI) Honda Perlmutter Bishop (GA) Giffords call vote number 857. Had I been present, I Clay Hoyer Peters Roskam Brown (FL) Manzullo would have voted ‘‘yes’’ on rollcall vote num- Cleaver Hunter Peterson Shimkus Courtney Napolitano ber 857, adoption of the Conference Report Clyburn Inslee Pingree (ME) Coble Israel Pitts b 1619 on H.R. 2112—the Agriculture, Rural Develop- Cohen Issa Platts ment, Food & Drug Administration and Re- Cole Jackson (IL) Price (NC) Messrs. TERRY, POE of Texas, SUL- lated Agencies Appropriations Act. Conaway Jackson Lee Quigley LIVAN, YOUNG of Indiana, Mr. Speaker, the conference report is not Connolly (VA) (TX) Rahall FLEISCHMANN, Ms. VELA´ ZQUEZ, Cooper Johnson (GA) Rangel perfect. I am pleased that it would avert a gov- Costa Johnson (OH) Rehberg Ms. BUERKLE, and Mr. MILLER of ernment shut-down and that the Federal Gov- Costello Johnson, E. B. Reichert Florida changed their vote from ‘‘yea’’ ernment can continue to provide services to Cravaack Johnson, Sam Renacci to ‘‘nay.’’ the American people. Additionally, I am Crawford Kaptur Richardson Crenshaw Keating Rivera Mr. SESSIONS changed his vote from pleased that the conference report provides Critz Kelly Roby ‘‘nay’’ to ‘‘yea.’’ over $2 billion for emergency disaster relief. Crowley Kildee Roe (TN) So the conference report was agreed That being said, there are many items con- Cuellar Kind Rogers (AL) to. Culberson King (NY) Rogers (KY) tained in the legislation that are troubling. At a Cummings Kingston Rogers (MI) The result of the vote was announced time of severe economic challenge in many Davis (CA) Kissell Rohrabacher as above recorded. parts of the country, this bill reduces invest- Davis (IL) Kline Rokita A motion to reconsider was laid on ments in infrastructure, community policing Davis (KY) Lance Rooney the table. DeFazio Langevin Ros-Lehtinen and federal housing programs. I am hopeful DeGette Larsen (WA) Ross (AR) Stated for: that my colleagues can craft the next slate of DeLauro Larson (CT) Rothman (NJ) Mr. FILNER. Mr. Speaker, on rollcall 857, I appropriations bills with a fundamental under- Denham Latham Roybal-Allard was away from the Capitol due to prior com- Dent LaTourette Runyan standing that we are experiencing an eco- Deutch Latta Ruppersberger mitments to my constituents. Had I been nomic emergency in many parts of the coun- Diaz-Balart Levin Sa´ nchez, Linda present, I would have voted ‘‘yea.’’ try. I look forward to working with them on the Dicks Lewis (CA) T. Mrs. NAPOLITANO. Mr. Speaker, I was ab- remaining appropriations bills for the current Dingell Lewis (GA) Sanchez, Loretta sent during rollcall vote No. 857 in order to at- Doggett Lipinski Sarbanes fiscal year and to continuing to work to put our Dold LoBiondo Scalise tend an important event in my district. Had I economy back on the right track. Donnelly (IN) Loebsack Schiff been present, I would have voted ‘‘yea’’ on

VerDate Mar 15 2010 06:56 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\CR\FM\A17NO7.028 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7782 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Adoption of the Conference Report on H.R. The SPEAKER pro tempore (Mr. As then-Senator BIDEN stated in sup- 2112—Agriculture, Rural Development, Food HASTINGS of Washington). Pursuant to port of the balanced budget amend- & Drug Administration and Related Agencies House Resolution 466, the gentleman ment, ‘‘In recent decades we have faced Appropriations Act. from Texas (Mr. SMITH) and the gen- a problem that we do not seem to be Stated against: tleman from Michigan (Mr. CONYERS) able to solve. We cannot balance our Mr. MANZULLO. Mr. Speaker, I missed roll- each will control 2 hours and 30 min- budget—or more correctly, we will not. call No. 857. Had I been present, I would have utes. The decision to encumber future gen- voted ‘‘nay.’’ The Chair recognizes the gentleman erations with financial obligations is f from Texas. one that can rightly be considered GENERAL LEAVE among the fundamental choices ad- PROPOSING A BALANCED BUDGET Mr. SMITH of Texas. Mr. Speaker, I dressed in the Constitution.’’ AMENDMENT TO THE CONSTITU- ask unanimous consent that all Mem- Congress is way overdue to pass a TION bers may have 5 legislative days within balanced budget amendment, and the Mr. SMITH of Texas. Mr. Speaker, which to revise and extend their re- American people want it. Polls show pursuant to House Resolution 466, I marks and include extraneous mate- that 74 percent are in favor of a bal- move to suspend the rules and pass the rials on House Joint Resolution 2, as anced budget amendment. It took less joint resolution (H.J. Res. 2) proposing amended, currently under consider- than a generation for us to get into a balanced budget amendment to the ation. this mess, we need a fiscal fix that will Constitution of the United States, as The SPEAKER pro tempore. Is there now last for generations. amended. objection to the request of the gen- If we want to make lasting cuts to The Clerk read the title of the joint tleman from Texas? Federal spending, a constitutional resolution. There was no objection. amendment is the only solution. It is Mr. SMITH of Texas. Mr. Speaker, I The text of the joint resolution is as our last line of defense against Con- yield myself such time as I may con- follows: gress’ unending desire to overspend and H.J. RES. 2 sume. Americans want the Federal Govern- overtax. Resolved by the Senate and House of Rep- Thomas Jefferson believed that ‘‘the ment to stop excessive government resentatives of the United States of America in public debt is the greatest of dangers Congress assembled (two-thirds of each House spending and reduce the Federal def- icit. The last time the budget was bal- to be feared.’’ Jefferson wished ‘‘it were concurring therein), That the following article possible to obtain a single amendment is proposed as an amendment to the Con- anced was during the Clinton adminis- stitution of the United States, which shall be tration, when Republicans in Congress to our Constitution taking from the valid to all intents and purposes as part of passed the first balanced budget in over Federal Government the power of bor- the Constitution when ratified by the legis- 25 years. Meanwhile, the Federal debt rowing.’’ It is time that we listened to latures of three-fourths of the several States has climbed from less than $400 billion Thomas Jefferson and passed a con- within seven years after the date of its sub- in 1970 to over $15 trillion today. stitutional amendment to end the Fed- mission for ratification: Mr. Speaker, President Obama has eral Government’s continuous deficit ‘‘ARTICLE — set the wrong kind of new record. The spending. We must solve our debt crisis ‘‘SECTION 1. Total outlays for any fiscal national debt has increased faster to save the future. year shall not exceed total receipts for that under his administration than under I want to thank Mr. GOODLATTE, the fiscal year, unless three-fifths of the whole gentleman from Virginia, for intro- number of each House of Congress shall pro- any other President in history. Amer- ica cannot continue to run huge Fed- ducing the version of the balanced vide by law for a specific excess of outlays budget amendment we are considering over receipts by a rollcall vote. eral budget deficits. Financing Federal ‘‘SECTION 2. The limit on the debt of the overspending through continued bor- today and for his tireless work in sup- United States held by the public shall not be rowing threatens to drown Americans port of the amendment. increased, unless three-fifths of the whole in high taxes and heavy debt, and it Since the 1930s, dozens of proposals number of each House shall provide by law puts a drag on the economy. offered by both Democrats and Repub- for such an increase by a rollcall vote. The Federal Government now bor- licans have called for constitutional ‘‘SECTION 3. Prior to each fiscal year, the rows 42 cents for every dollar it spends. amendments to address Federal budget President shall transmit to the Congress a deficits. We have the opportunity proposed budget for the United States Gov- No family, no community, no business, ernment for that fiscal year in which total no country can sustain that kind of ex- today to take the first step toward outlays do not exceed total receipts. cessive spending. That is the road to making a balanced budget a reality by ‘‘SECTION 4. No bill to increase revenue insolvency. Unfortunately, this kind of passing this legislation. shall become law unless approved by a ma- bad behavior has gone unchecked for so b 1630 jority of the whole number of each House by long that it has become the norm. The a rollcall vote. Federal Government has been on a dec- The American people have not given ‘‘SECTION 5. The Congress may waive the ades-long shopping spree, racking up Congress a blank check. Let’s dem- provisions of this article for any fiscal year the bills and leaving them for future onstrate to the American people that in which a declaration of war is in effect. generations. Congress can be fiscally responsible The provisions of this article may be waived and get our economic house in order. for any fiscal year in which the United We need a Constitutional mandate to States is engaged in military conflict which force both the President and Congress Borrowing 42 cents for every dollar the causes an imminent and serious military to adopt annual budgets that spend no government spends and setting a new threat to national security and is so declared more than the government takes in. deficit record is not the road to pros- by a joint resolution, adopted by a majority Only a balanced budget constitutional perity. Let’s put our country first and of the whole number of each House, which amendment will save us from unending pass this amendment. becomes law. Any such waiver must identify Federal deficits. Mr. Speaker, I reserve the balance of and be limited to the specific excess or in- Just as both parties have joint re- my time. crease for that fiscal year made necessary by sponsibility for the deficit, we must Mr. CONYERS. Mr. Speaker, I yield the identified military conflict. myself such time as I may consume. ‘‘SECTION 6. The Congress shall enforce and jointly take responsibility for control- implement this article by appropriate legis- ling the deficit by passing the balanced Ladies and gentlemen, this balanced lation, which may rely on estimates of out- budget amendment. We came very budget constitutional amendment is lays and receipts. close to passing this balanced budget one that surprises me, and very little ‘‘SECTION 7. Total receipts shall include all amendment in 1995, falling just one surprises me anymore. But for us to be receipts of the United States Government ex- vote short in the Senate of the required seriously, on this day and this time, cept those derived from borrowing. Total two-thirds majority. In that Congress, considering an amendment to the Con- outlays shall include all outlays of the the amendment was supported by Con- stitution of the United States that United States Government except for those for repayment of debt principal. gressman HOYER, now minority whip, would destroy jobs, that would dras- ‘‘SECTION 8. This article shall take effect Congressman CLYBURN, now Assistant tically cut Medicare and Social Secu- beginning with the fifth fiscal year begin- Democratic leader, and Senator JOSEPH rity and give members of the Federal ning after its ratification.’’. BIDEN, now Vice President. judiciary the right to raise taxes and

VerDate Mar 15 2010 06:51 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.029 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7783 make spending decisions for us is rel- build bridges and roads and highways. The courts could also order reduction atively shocking to me, and I am very The budget of the United States does in spending to enforce a balanced budg- much opposed to it. not make such a distinction, and this et. They could slash military spending I want to engage my dear friend, the balanced budget amendment would say or Social Security or eliminate dis- chairman of the committee, in an ex- you can never borrow money. You can- aster relief. The voters and Congress change of views on this, but let’s start not borrow money to build highways, would be powerless to stop such deci- off the discussion with this reality. to make investments, to deal with the sions. This is not 1995, and that’s why so economy in a recession. It doesn’t Is this really someone’s idea of con- many people that supported the make sense. stitutional conservatism? amendment then have changed their Similarly, we collect payroll taxes to This amendment isn’t limited to a re- minds now, and they will explain this pay for Social Security benefits. We quirement that we balance the budget. as they go along. collect gasoline taxes to pay for trans- It imposes a three-fifths supermajority I would like now, Mr. Speaker, to portation infrastructure, and we carry requirement to raise the debt ceiling. yield to the gentleman from New York, over unexpended funds in those trust When we considered that in 1995, it former chairman of the Constitution funds from prior years. Because they never occurred to anyone that any Subcommittee, JERRY NADLER, for as were paid in prior years, those reve- Member of Congress, much less a ma- much time as he may consume. nues would not count, only the expend- jority, would consider allowing the Mr. NADLER. I thank the gentleman itures. If you paid $100 in Social Secu- United States to default on its debt. It for yielding. rity taxes in 1960 and drew $100 of bene- wasn’t just considered crazy; it was Mr. Speaker, I rise in opposition to fits in 2011, the budget would show a considered impossible. this misguided attempt to amend our deficit of $100 because the tax was paid Today, unfortunately, we live in a constitution. It is both bad economic in a different year, even though it’s the different world. This year, for the first policy and bad constitutional policy. same money. No matter how much time in American history, we nearly Let’s start with the basics. While bal- money we had put away for a rainy defaulted on the full faith and credit of ancing your budget and paying down day, we would still be limited to spend- the United States and, for the first your debts is important—and we did ing no more than that year’s tax reve- time in our history, saw our top credit that under President Clinton—a bal- nues. No one in this room balances rating downgraded, and that was for anced budget every year, regardless of their budget that way. difficulty in getting a simple majority. the circumstances, even when facing What happens when you retire and A three-fifths majority would make it economic crisis, a natural disaster or a your income drops? Do you not touch much more difficult. terrorist threat, is economically dan- your savings because it didn’t come in Is this balanced budget amendment gerous. We would be risking economic during that year? Of course not. You’re necessary? ruin if we enshrined this unyielding not running a deficit when your ex- We have been told it’s the only way rule in the Constitution and shackled penses equals that year’s income plus to impose the necessary discipline to future generations to one particular savings. force Congress to balance the budget. I know we have a lot of millionaires economic policy preference that does We know that’s not true because we here, but did anyone pay cash for their not work at all times and in all situa- balanced the budget under President home? Clinton. We turned in four balanced tions. But this amendment enshrines crazy In general, the economists tell us, in budgets and ran a surplus. In fact, in bookkeeping and distorted policies into good times, you should have a balanced 2001, Alan Greenspan, testifying in our Constitution. So all the chatter favor of President Bush’s proposed tax budget and pay down the debt. In bad about States and businesses and fami- times, when a recession increases de- lies balancing their budgets is true, but cuts, said we had to reduce taxes be- mands on government and tax revenues it’s irrelevant to what this amendment cause we were going to eliminate, pay fall, or in emergencies, you need to be actually says. down the entire national debt in 10 able to run a deficit. Because this is a constitutional years, and that would be a bad thing, The nonpartisan economists at Mac- amendment, it would give Federal he thought, for various reasons. But roeconomics Advisers, for example, tell judges, those same unelected, life- that was the danger—we’d pay down us that if this amendment were in ef- tenured Federal judges my Republican and eliminate the national debt. fect next year, in fiscal year 2012, it friends always complain about, the But President Bush and a Republican would eliminate 15 million jobs and power to cut spending and raise taxes. Congress succeeded in turning that double the unemployment rate. And Anyone could bring a lawsuit if the record surplus into record deficits in this amendment would shackle future budget doesn’t balance, if the esti- record time. They did it with two huge generations in such situations. mated receipts, in his opinion, didn’t tax cuts, two unfunded wars, a pre- One thing we can be sure of, this match the estimated tax revenues, and scription drug benefit that wasn’t paid amendment will devastate the econ- a judge would have to decide whose for, and the rejection of the Demo- omy; destroy Medicaid, Medicare, and revenue and expenditure estimates cratic Congress’ pay-as-you-go rule. It Social Security; cripple our govern- were correct. And if they didn’t match was all done off the books. ment’s ability to deal with national in the judge’s opinion, the judge would And I have heard the calumny that it emergencies, maintain our vital infra- have to decide to increase taxes or to was wild spending by the Obama ad- structure, or deal with new challenges cut expenditures and which expendi- ministration that has brought about as they emerge. tures it cut, an unelected judge. our $15 trillion national debt. Well, the Let’s be clear on what this amend- How is that possible? It’s possible be- truth of the matter is, if you look at ment does not do. It does not require cause, as a constitutional amendment, non-defense discretionary spending, ev- us to balance the budget the way the courts will have to have the power erything we do, other than defense and States or businesses or families do. to enforce it, just as they do the rest of Social Security and Medicare and vet- They’re not required to spend no more the Constitution. erans benefits and interest on the debt, than that year’s income. Families bor- The Constitution now gives the adjusted for population and for infla- row money. If they were told you must power to tax in the first instance to tion, it hasn’t gone up by a nickel since pay cash—you want to buy a house, the House. All revenue measures must 2001. pay cash; you want to buy a car, pay originate here. That’s because we are The fault, dear colleagues, is not in cash—they wouldn’t have the house, closest to the people—the people’s our Constitution; it’s in an irrespon- they wouldn’t have the car, the stand- House. This would go as far away from sible Republican President and an irre- ard of living would be much lower. that wise decision as you possibly can sponsible Republican Congress. Many States borrow money. States have by giving that power ultimately to the of those same Republican Members who balanced budget amendments gen- only part of government that is not saw nothing wrong with busting the erally, but those amendments refer to elected by the people and that is not budget, who sat quietly when Vice their operating budgets. They borrow accountable at the ballot box—the ju- President Cheney said that deficits money for their capital budgets to diciary. don’t matter, now demand this assault

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.079 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7784 CONGRESSIONAL RECORD — HOUSE November 17, 2011 on our founding document instead of But the fact of the matter is that in Mr. SMITH of Texas. I yield the gen- delivering the votes for sound fiscal the last 50 years, since 1961, this Con- tleman 1 additional minute. policy. gress has balanced the budget of this Mr. GOODLATTE. This chart shows We should do our jobs, not wreck the Nation six times. It should be the other government debt as a percentage of Constitution and the economy with way around. There are certainly 6 GDP for the United States and five Eu- snake oil cures like this. I urge a ‘‘no’’ years in those 50 that were crises in ropean countries—Spain, Portugal, Ire- vote. which you might say we should not land, Italy, and Greece. When Greece Mr. SMITH of Texas. Mr. Speaker, I balance the budget this year. first got into their problem last year, yield myself 15 seconds. But when the gentleman from New they were at 120 percent of GDP. That’s I just want to say to the gentleman York says that in good times we should what their debt totaled. Already just a from Michigan who spoke earlier that I pay down the debt, and in tough times little over a year later, it is 152 percent agree with him. Today is not 1995. In we should borrow, that has not been of GDP because their economy is fact, the deficit is worse. Since 1995, what has happened because most of shrinking because of irresponsibility the deficit has tripled. It’s gone from $5 those 50 years have been good times. on the part of their government. trillion to $15 trillion, which is all the Now, there’s another important point The United States just this week more reason to support this balanced to make here. Any amendment to the crossed the 100 percent line. The United budget amendment to the Constitu- United States Constitution has to, by States owes as much in debt as we have tion. its very nature, be bipartisan. It re- in the total economic output of this quires a two-thirds majority. And Nation for 1 year. b 1640 many of my friends on the other side of It is time to put a halt to this, and Mr. Speaker, I yield 5 minutes to my the aisle have worked very hard to the best way to do it is to enshrine in friend and colleague from Virginia (Mr. build support on their side of the aisle our Constitution a principle we all un- GOODLATTE), the sponsor of this resolu- for this. I especially want to thank derstand, we all live by, and that is you cannot live like this, you cannot live tion. PETER DEFAZIO and JIM COOPER. Many Mr. GOODLATTE. I thank the chair- Members, the Blue Dogs, have endorsed beyond your means year after year man for yielding. this balanced budget amendment. But after year. I urge my colleagues on both sides of Mr. Speaker, this chart tells the it is necessary to have a bipartisan ap- the aisle to join this bipartisan effort story. We have had a number of oppor- proach to this. to enshrine in our Constitution a prin- tunities over the years to pass bal- And you know what? This is a bipar- ciple sought by the vast majority of anced budget amendments to the tisan problem. There have been Repub- United States Constitution. It’s not my the American people. lican Presidents and Democratic Presi- Mr. CONYERS. Mr. Speaker, I am idea; it’s not a new idea. But as we’ve dents, Republican Congresses and gone through time, we’ve managed pleased at this time to recognize the Democratic Congresses that have con- minority leader of the House of Rep- debt. Now, as the chairman just noted, tributed to those 44 years when we’ve in the last 15 years the debt has tri- resentatives who, ever since she has run deficits. come to Congress, has worked dras- pled. So now today we come and ask for a But looking ahead, this chart, which tically to save and build on Medicare, bipartisan solution to this problem, a Social Security, and to create jobs, the shows the ratio of our debt to our gross solution that, depending upon the poll, gentlewoman from California, NANCY domestic product, and shows that by 75 to 80 percent of the American people 2080 it will be nine times the total eco- PELOSI. support. The SPEAKER pro tempore. The mi- nomic output of our country, indicates Congress continues to prove it can- nority leader is recognized for 1 that what some on the other side have not make the tough decisions on its minute. said simply is not the case. own. The budget has only been bal- Ms. PELOSI. I thank the gentleman Congress has not made the tough de- anced six times in 50 years. The Amer- for yielding and for his kind words and cisions. We have overpromised the ican people know what it means to bal- his great leadership on all of the issues American people, and the fact of the ance their budgets. They are surprised that are important to America’s work- matter is, now we need to have some- that the Congress does not have this ing families. thing in the Constitution that the requirement. State governments do—49 Mr. Speaker, I came to the floor to American people expect and demand of out of 50 States, most of which have it talk about the balanced budget con- us. And that is a balanced budget in their constitutions. Local govern- stitutional amendment, but before I amendment. ments have to balance their budgets. get into my comments specifically to Now, we have lots of different bal- Families and businesses have to live the amendment, I want to acknowledge anced budget amendments that have within their means, and they can’t go that the gentleman from Texas, the been proposed in this Congress, I think more than a few years without living distinguished chairman of the com- 18 of them that I’ve seen thus far. And within their means. mittee, Mr. SMITH, has talked about some ask for more stringent require- But to run up a $15 trillion debt what the deficit was in 1995 and how ments—which I very much like—lim- which, divided by the population of our much bigger it is now and the distin- iting the ability to balance this budget country, means that the average per- guished maker of this resolution today, by putting a heavier burden on the son today owes more in debt based Mr. GOODLATTE, talked about the prob- American people through taxes. Cap- upon their share of the government’s lem of having such a big national debt. ping the amount of money that we debt than they have in personal in- Recognizing those two facts, I want spend—certainly something that I also come, is a disgrace. This is not only an to speak up about them. think we need to be cognizant of. economic issue. This is not only some- First of all, if this were just talking Others have said let’s take certain thing that we should be imposing upon about how we can reduce the deficit, things off the table, like Social Secu- future Congresses for economic rea- the best way to do that is job creation. rity or capital spending or disaster sons. This is also a moral issue. We know that. spending. This is wrong to borrow money year If we want to talk about what hap- This balanced budget amendment, after year after year, over a trillion pened in the nineties, we have to ref- which passed this House with 300 votes, dollars in each of the last 3 years, so erence the fact that under President including 72 Democrats, strikes the that today the average dollar spent by Bill Clinton, the Reagan-Bush deficit right balance. It enshrines in our Con- the Federal Government, 42 percent of that he inherited he turned around, and stitution the principle that we should it, by far the largest share, is borrowed five of his last budgets, the Clinton live within our means but gives future against our children’s and grand- budgets, were in balance or were in sur- Congresses the flexibility to, in times children’s future. plus. He put us on a trajectory, he and of national emergency, have some And where does that lead us? It leads the growth of jobs in our country in years that are not balanced. That, I us to where Europe is. the public, and largely in the private think, is a reality that we have to deal The SPEAKER pro tempore. The sector, took us to a path, a trajectory with. time of the gentleman has expired. of $5.6 trillion in surplus.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.080 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7785 Along comes President George W. strain and uncertainty and down- Just to put that into perspective, if Bush and in record time, he reversed grading of our credit rating when we all of a sudden a wave of responsibility that. It was the biggest fiscal turn- couldn’t even get a majority, and now swept through this Chamber and if we around in our Nation’s history, taking we’re thinking of a supermajority vote stopped all deficit spending today and us to a trajectory of over $5 trillion in for the debt limit increase. Again, that began to pay installments of $1 million deficit, an $11 trillion turnaround. Two was never a requirement when Presi- every day to pay down the over $4 tril- unpaid-for wars said the CBO, the non- dent Bush was President that there lion in new debt that Barack Obama partisan Congressional Budget Office. would be a supermajority to raise the has created in less than 3 years, it That was because of two unpaid-for debt limit. would take us more than 10,000 years to wars, the Bush tax cuts, particularly at This amendment promotes further pay that off—and that’s if we didn’t the high end which did not create jobs, brinkmanship and uncertainty, en- pay one dime of interest in the process. and a giveaway pharmaceutical bill to shrining extreme ideology into the But you see, we are not paying Mr. the pharmaceutical industry. Constitution at a time when Americans Obama’s debt down at $1 million per have been very clear that they expect day; we are going deeper into debt, b 1650 us to set differences aside and to get to more than 4,000 times that much, every Those were the three main reasons work. day under Mr. Obama’s own submitted for the big fiscal turnaround and how It is our duty as Members of Con- budget and deficit projections. we got deeply in debt. I don’t remem- gress—indeed, we take the oath of of- In an ominous prologue to the vote ber a lot of complaints coming from fice—to be the elected guardians of our before us, the national debt surpassed the Republican side of the aisle while Constitution, to protect and defend it, $15 trillion yesterday. President Bush was taking us down and to do no harm to our founding doc- Mr. Speaker, we have already tried this path. Mr. GOODLATTE referenced uments. Yet, if this proposed amend- Mr. Obama’s way. We have thoroughly two paths. Well, this is one path that ment is adopted, it will have far-reach- tested Democrat economics 101—the President Bush took us down, so now ing and adverse consequences. theory that we can tax and deficit we have to deal with that because the Mr. Speaker, I repeat that it was a spend ourselves into prosperity or, as deficit is a concern to all of us. Democratic President, President Clin- Vice President BIDEN put it, ‘‘We have We believe that the best way to deal ton, who balanced the budget in the to spend money to keep from going with that is what President Clinton nineties. Five of his budgets were in bankrupt.’’ did, which was to have a great eco- balance or in surplus. We can do it That theory has utterly failed. We nomic agenda to generate jobs. Yet again without harming our Constitu- cannot repeal the laws of mathematics. here we are, nearly 320 days into the tion, our economy, our seniors, or our But now the seminal moment ap- Republican majority, and they have veterans. We must start by creating proaches when each of us in this body taken no action on any serious job-cre- jobs and strengthening our economic will have the rare opportunity to cast ating bills. Here we go again: debating growth—a key to reducing the deficit. a single vote that could pull this Na- legislation that will not create jobs. It was interesting to me to hear oth- tion back from the brink of economic In fact, according to experts, the en- ers on the other side of the aisle talk cataclysm. For the sake of our children actment of this proposed amendment about our children and our responsi- and our children’s children, I pray that to our Constitution would destroy 15 bility to them. Yes, that’s what we said we do the right thing. million jobs, double the unemployment when President Bush was amassing his ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE rate, and cause the economy to shrink deficit, but I didn’t hear anyone on the The SPEAKER pro tempore. The by 17 percent. As Bruce Bartlett said other side of the aisle talking about Chair must remind all Members that recently, former economic adviser to that. remarks in debate may not engage in This is about our Constitution. We President Ronald Reagan and to Presi- personalities toward the President. owe it to the vision of our Founders, to dent George Herbert Walker Bush: Mr. CONYERS. Mr. Speaker, I am the sacrifice of our men and women in ‘‘Even if we were not in an economic pleased now to yield 2 minutes to the uniform, and to the aspirations of our crisis and fighting two wars, a rapid distinguished gentleman from Virginia, children to get our economic and fiscal cut in spending of that magnitude JIM MORAN. houses in order. This is the exact Mr. MORAN. I thank the chairman would unquestionably throw the econ- wrong way to do it. We must reignite for yielding. omy into recession just as it did in the American Dream, and we have Mr. Speaker, I have to rise in opposi- 1937.’’ work to do on that. So let’s get to work tion to this balanced budget amend- This legislation is an attack on our to create jobs so that many more peo- ment. I did vote for a similar measure economy, and it is an attack on our ple can achieve the American Dream. in 1995, but the events over the last 15 seniors. According to the nonpartisan I urge my colleagues to vote ‘‘no.’’ years have brought to mind the axiom Center on Budget and Policy Priorities, Mr. SMITH of Texas. Mr. Speaker, I ‘‘fool me once, your fault; fool me it could result in cuts over 10 years of yield 4 minutes to the gentleman from twice, my fault.’’ I could never have $750 billion to Medicare and $1.2 trillion Arizona (Mr. FRANKS), who is the chair- imagined back in 1995 the chaos we ex- in cuts to Social Security. These cuts man of the Constitution Subcommittee perienced this summer. would be devastating to the 40 million of the Judiciary Committee. Despite the fact that we only needed seniors who rely on Medicare and So- Mr. FRANKS of Arizona. I thank the to obtain a simple majority vote to cial Security every day. They are even gentleman for yielding. raise the debt limit, which we’d raised more draconian than the cuts in the Mr. Speaker, all financial budgets 17 times during the Reagan administra- Republican budget, which would effec- will eventually balance. The choice tion, that would seem like child’s play tively repeal the Medicare guarantee. faced by those of us in Congress is compared to what we would have to go And just one week after our Nation whether we will balance this budget through if this balanced budget amend- celebrated Veterans Day, we are debat- ourselves through the wise policy be- ment passed. ing potentially cutting $85 billion over fore us or whether national bankruptcy the next 10 years from veterans’ bene- and financial ruin will do it for us. b 1700 fits. From the very day that Barack The events of these last 15 years have My colleagues on the other side of Obama walked into the White House, proved to us that this bill would have the aisle claim this is a clean balanced he has, with breathtaking arrogance, dramatic and dangerous consequences budget amendment. It is not. Because absolutely ignored economic and finan- for our economic future. It would force this proposed amendment to our Con- cial reality. It took America the first the Federal Government to worsen eco- stitution will require a supermajority 216 years of its existence to accumulate nomic recessions. Since Federal reve- in both Chambers of Congress to raise the debt that Barack Obama has accu- nues fall while human needs rise in the debt limit, it puts the full faith and mulated in the first 3 years of his Pres- economic downturns, this bill would credit of the United States of America idency. He has in those short 3 years force spending cuts and tax increases in the hands of a minority—this after increased our Federal debt by over $4 at precisely the point when the econ- we went through all of the stress and trillion. omy is reeling, potentially turning a

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.082 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7786 CONGRESSIONAL RECORD — HOUSE November 17, 2011 manageable downturn into a depres- their sweet melodious sound and died. with, how you named it. It doesn’t bal- sion. Essentially, this bill would forbid So Odysseus made his men put wax in ance the budget. And if the amendment countercyclical spending. their ears, and he made them tie him ever got through, it would take 7 years Had this amendment been on the up to the mast. Against his will, he to implement. We have people out of books in 2009, for example, we would made them tie him up, and he did it be- work now. But anyway, the amend- not have passed the Economic Recov- cause he lacked the will to restrain ment requires a supermajority for ery Act, which proved to be a critical himself. every emergency spending case of nat- response to the economic catastrophe When people take our freedom, we re- ural disasters. that followed the financial crisis. One coil. But when we’ve proven ourselves Let’s take my State of New Jersey. of the reasons that the Recovery Act to be wholly incapable of exercising FEMA estimates that it will provide was necessary is that State balanced that freedom, we should give it up. $400 million to help communities and budget amendments forced States to Congress has proven itself to be hope- individuals across the State recover rely on Federal funds in order to make lessly incapable of balancing the budg- and rebuild. Last September, we up for budget shortfalls that would et. We need to be made to do so because couldn’t even get a majority, let alone have prompted cuts right at the time we cannot bring ourselves to make the a supermajority, to pass disaster aid when State economies could least af- hard decisions required. unless it was offset with partisan budg- ford them. The Federal Government As my colleague and friend, the gen- et cuts. Every State will have to go was effectively borrowing on behalf of tleman from Virginia (Mr. GOODLATTE), through that. the States that were constitutionally who’s been a leader on this issue, men- I want every State to know—you talk prohibited from doing so; but they des- tioned in his remarks, six times in 50 about the States. You talk about their perately needed to in order to maintain years is laughable. You would do better budgets. Isn’t it interesting that on their law enforcement, their transpor- than six out of 50 if you just guessed. January of this year, CBO Director tation, and their other responsibilities. Six out of 50 is laughable. We are in- Douglas Elmendorf wrote this: Even in Texas, where Republican capable of balancing our own budget. ‘‘Amending the Constitution to require Governor Perry and the legislature op- And when South Carolina, Mr. this sort of balance raises risks.’’ Lis- posed the Recovery Act, Federal stim- Speaker—which does have a balanced ten, my friends, brothers, and sisters: ulus funds were used to close 97 percent budget requirement—was facing tough ‘‘The fact that taxes fall when the of that State’s budget gap. Now that economic times, we had to cut public economy weakens and spending and those dollars are gone, many States safety money to prosecutors. I had to benefit programs increase’’—by nature, face a very serious budget crisis. cut and furlough employees who were they have to; people need help, unless The SPEAKER pro tempore. The making $19,000 a year. I had to furlough we’re no longer going to be a first-rate time of the gentleman has expired. prosecutors who had $100,000 in student Republic—‘‘when the economy weakens Mr. CONYERS. I yield the gentleman loans for 7 days. That’s a hard decision in an automatic way under existing an additional 30 seconds. to make, but we had to do it for fiscal law is an important stabilizing force Mr. MORAN. I thank the gentleman. health. for the aggregate economy.’’ Furthermore, House Joint Resolution We need to make hard decisions, even The SPEAKER pro tempore. The 2 would require a three-fifths majority if they’re career-ending decisions, in time of the gentleman has expired. Mr. CONYERS. I yield the gentleman to raise the debt ceiling. This would this body; but we have proven our- an additional 30 seconds. only increase the likelihood of a cata- selves incapable of doing it, so we must Mr. PASCRELL. I thank the gen- strophic debt default like the one we bind ourselves, even against our will. barely avoided this summer. tleman. The SPEAKER pro tempore. The ‘‘The fact that State governments Given the polarization that we’re time of the gentleman has expired. need to work against these effects in currently experiencing, I have severe Mr. SMITH of Texas. I yield the gen- their own budgets—need to take action doubts that the required supermajority tleman an additional 30 seconds. to raise taxes or cut spending in reces- could be secured either to respond to Mr. GOWDY. Mr. Speaker, we are $15 sions—undoes the automatic stabi- crises or to raise the debt ceiling. This trillion in debt. We need to tie our- lizers, essentially, at the State level. would give preference to military ac- selves up before we wreck this Repub- Taking those away at the Federal level tion over economic crises, requiring lic. risks making the economy less stable, only a majority for deficit spending for Mr. CONYERS. Mr. Speaker, I am risks exacerbating the swings in busi- a war—such as the Iraq war, which was pleased to yield 3 minutes to the gen- ness cycles.’’ never paid for—but a three-fifths ma- tleman from New Jersey, a distin- We did it together, Democrats and jority to respond to a domestic eco- guished leader in the Congress, BILL Republican, ’98, ’99, 2000. We did it nomic crisis. If this were enacted in PASCRELL. without an amendment to the Con- 2012, it would require drastic cuts that Mr. PASCRELL. I thank the ranking stitution, which will undermine this would have unintended, but dire, con- member. institution that we so revere right here sequences for our struggling economy. Mr. Speaker, this attempt to change today. The SPEAKER pro tempore. The the Constitution of the United States Mr. SMITH of Texas. Mr. Speaker, I time of the gentleman has again ex- is a real disaster. We all want to make yield 2 minutes to my friend from Cali- pired. sure we balance the budgets, but to fornia (Mr. HERGER), a member of the Mr. MORAN. It’s the wrong medicine compare our household budget to the Ways and Means Committee. for today’s ailing economy. national budget is preposterous be- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE cause we have different responsibilities b 1710 The SPEAKER pro tempore. The as a Federal Government. Mr. HERGER. Mr. Speaker, the Chair reminds Members to heed the Alexander Hamilton, who wrote so American people understand the basic gavel. many of the Federalist Papers—I principle that you can’t spend money Mr. SMITH of Texas. Mr. Speaker, I thought we understand a great leader, you don’t have. They live that reality yield 2 minutes to the gentleman from a great American. I thought we under- on a daily basis. Unfortunately, Con- South Carolina (Mr. GOWDY), a distin- stood what the responsibilities of gov- gress has disregarded this idea, choos- guished member of the Judiciary Com- ernment are. ing instead to imagine that it could mittee. But talking about disasters, what spend money endlessly without harm- Mr. GOWDY. I thank the gentleman about natural disasters? How would a ing our economy or standard of living. from Texas, Chairman SMITH, for his balanced budget amendment affect how The result is that we’re now an un- leadership on this issue and so many the Congress looks at when there is a thinkable $15 trillion in debt. Some others on Judiciary. tornado in Joplin, a wipe-out and flood- argue that we don’t need to amend the Mr. Speaker, when Odysseus was re- ing of New Jersey, a hurricane in Flor- Constitution for Washington to do its turning from the Trojan War, he was ida, wildfires in Texas? The amend- job. passing the islands where the sirens ment requires this balanced budget I’m proud to say that I served on the sang. Many a sailor had succumbed to amendment—which is a joke to begin Budget Committee in the late 1990s

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.085 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7787 when we produced four consecutive bal- leagues to oppose this reckless con- by the trust fund. This amendment anced budgets. But the sad truth is stitutional amendment. says the total outlays cannot exceed that this kind of fiscal responsibility Mr. SMITH of Texas. Mr. Speaker, I receipts. Total outlays should include has been all too rare in recent years. yield 30 seconds to the gentleman from all outlays of the United States Gov- Ultimately, a balanced budget amend- Virginia (Mr. GOODLATTE). ernment except for those for repay- ment will force Congress to be serious Mr. GOODLATTE. I thank the chair- ment of debt principle. That includes about addressing the core driver of our man, and I just want to make it very Social Security, which the courts have debt, which is the out-of-control clear that some inaccurate assertions held is not a debt. Therefore, Social Se- growth of Federal entitlement spend- have been made about the protection of curity would have to be paid out of the ing. Social Security and highway trust same amounts, and they would be As the President has acknowledged, funds. counted against the overall outlays no taxpayer would be willing to pay The funds can be spent each year, when calculating whether the budget is the amount required to sustain the ex- and then any excess funds that need to in balance, something that’s not the ponential growth of entitlements, and be retained can be put into a rainy day case today. It would throw the budget no amount of budget gimmicks can fund. And so the Social Security trust further out of balance and would re- hide this serious crisis. A balanced fund or another type of fund like that quire deeper cuts. budget is a commonsense idea that is perfectly permissible under this pro- If this amendment were in effect governs our personal lives, and it vision. What is not permissible is con- today, Medicare would have to be cut should also be at the heart of how Con- tinuing to run up debt year after year by $750 billion, Social Security by $1.2 gress operates. I strongly support the after year, and that is what endangers trillion, and veterans benefits by $85 billion through 2021. Despite anything balanced budget amendment, and I Social Security and Medicare and im- anyone may say on this floor, that’s urge the House to pass it. portant programs for our senior citi- Mr. CONYERS. Mr. Speaker, I am zens, and that is why this amendment the simple truth about this amend- ment. pleased to yield 3 minutes to the gen- is needed. Mr. CONYERS. Mr. Speaker, I yield 2 Mr. SMITH of Texas. Mr. Speaker, I tlewoman from California, JUDY CHU, a minutes to the gentlelady from Ne- member of the Judiciary Committee. yield 2 minutes to the gentleman from vada, SHELLEY BERKLEY. Ms. CHU. Proponents of this bill Georgia (Mr. BARROW), a member of the Ms. BERKLEY. Mr. Speaker, I rise in claim it is about fiscal responsibility, Energy and Commerce Committee. strong opposition to this dangerous but it is the opposite. This bill makes Mr. BARROW. I want to particularly balanced budget constitutional amend- it impossible, in fact unconstitutional, thank the chairman for yielding me ment. We all agree that we must get for the government to save for the fu- time to speak in support of the bal- America’s fiscal house in order by cut- ture. Under this bill, programs like So- anced budget amendment. ting spending and balancing our budg- cial Security or long term Federal Mr. Speaker, I rise in support of the et. Nevada families know this. Fami- highway projects would have to be balanced budget amendment, which lies across Nevada are doing it by completely eliminated to comply with I’ve supported since I first came to tightening their belts and making the Constitution. Congress. We all agree that our Na- great sacrifices. The United States Today, American workers put money tion’s debt is unsustainable. Our econ- Government should be able to do the into a Social Security trust fund built omy is struggling, and folks every- same. to pay and save for future benefits. But where are struggling to find work. But However, this balanced budget under this shortsighted constitutional facts are stubborn things. And it’s a amendment is wrong for Nevada and amendment, money coming into the fact that balancing the budget is essen- it’s wrong for the rest of the country. Federal Government must be paid out tial if we’re going to protect our future It would force massive cuts to Social the same year. That means you can’t and the future of our children and Security, Medicare, and veterans bene- have a Social Security trust fund, so grandchildren. Balancing the budget fits, but big oil companies and corpora- good-bye Social Security. Good-bye will also create the long-term stability tions that ship jobs overseas aren’t saving for retirement. our economy needs to fully recover. asked to sacrifice one penny under this Let me tell you how bad this idea is. Amending our Constitution is not balanced budget amendment. That’s Let’s say for a moment that this was something to take lightly. We just not right. But this is what the your family’s budget. If this constitu- shouldn’t do it on a whim or because it American people have come to expect tional budget amendment applied to is politically expedient. Amending the from this Congress. you, you would have to spend every- Constitution is something that we as a Washington Republicans supported a thing you earned in the same year. No Nation should undertake only when it radical budget proposal, the Ryan college fund or IRA, no savings account is truly needed. Unfortunately, Con- budget, that kills Medicare by turning to put a downpayment on a house or, gress has demonstrated time and again it over to private insurance companies. God forbid, to pay for expensive med- that it cannot and will not balance the Now they are supporting a plan that ical treatment. Not only is that ludi- budget on its own. It is truly needed slashes Social Security and Medicare crous, it is tragic. now. benefits that seniors rely on. It’s a If that weren’t bad enough, if this Nearly every State in the Union has question of priorities. constitutional amendment goes a balanced budget amendment. Fami- I strongly believe that we need to get through and no revenues are raised, all lies throughout America have to bring our deficit under control, and I believe government programs will suffer a 17.3 their income and outlays into balance, that a version of the balanced budget percent cut. That’s a $1.2 trillion re- and so can the Federal Government. amendment could be one way to duction in Social Security payments Mr. Speaker, this legislation is bipar- achieve that. But I cannot and I will not support a balanced budget amend- through 2021. That is nearly a 20 per- tisan. It is responsible. It is the right ment that doesn’t include ironclad pro- cent reduction that would directly hurt thing to do. And I hope my colleagues tections for Social Security, Medicare, current and future retirees and senior on both sides of the aisle will join me and veterans benefits. We should not be citizens for the next decade. and the Blue Dog Coalition in sup- balancing our Nation’s budget on the This so-called balanced budget porting the balanced budget amend- backs of our seniors and our vets. amendment balances overzealous budg- ment. This balanced budget amendment et slashing on the backs of our senior Mr. CONYERS. Mr. Speaker, I yield 1 may be good politics for some, but it is citizens and future retirees. Does Con- minute to the gentleman from New not good policy for America. I urge my gress really want to send the message York, JERRY NADLER. colleagues to join me in voting ‘‘no’’ on now, in the midst of the worst financial Mr. NADLER. Mr. Speaker, I have to this attack on our seniors and our vet- crisis since the Great Depression, that correct what the distinguished gen- erans. saving responsibly for the future is un- tleman from Virginia said a moment constitutional? Is Congress prepared to ago when he said that this amendment b 1720 abandon millions of Americans now? I, would not affect Social Security be- Mr. SMITH of Texas. Mr. Speaker, I for one, am not. And so I urge my col- cause Social Security would be paid for yield 11⁄2 minutes to the gentleman

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.087 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7788 CONGRESSIONAL RECORD — HOUSE November 17, 2011 from Oklahoma (Mr. LANKFORD), a No one knows if amending the Con- domitable gentlelady from Illinois, JAN member of the Oversight and Govern- stitution to require a balanced Federal SCHAKOWSKY. ment Reform Committee. budget will actually reduce the debt. Ms. SCHAKOWSKY. I rise in opposi- Mr. LANKFORD. Mr. Speaker, 27 No one knows if it could prevent the tion to the balanced budget amend- times the United States Constitution debt from growing in the future. What ment. It was just a decade ago that has been amended. It’s something we we do know is that when Democrats President Clinton left office with not do rarely, and it’s something that we controlled Congress, PAYGO was effec- just a balanced budget but a surplus, should think through in the process. tive in reining in spending. And what and we got there by a one-vote margin. We do it only because it is absolutely we do know is that this amendment is No Republican votes whatsoever. required and we have common agree- not the answer. And here we are today, after 8 years ment across the House, the Senate, and If a balanced budget requirement and two wars and two tax cuts that the American people. This is one of were to go into effect, it would destroy were paid for on the credit card and those moments. millions of jobs. If the budget were bal- mainly benefiting the wealthy and a If you ask most every American on anced through spending cuts, those devastating recession that could have the street, ‘‘Should we balance our cuts would come to about $1.5 trillion been prevented had financial regu- budget?’’ they will nod their head. If in 2012. This would throw 15 million lators not turned a blind eye to Wall you ask them again, ‘‘Should we force more Americans out of work, double Street, and now we’re debating an Congress to balance the budget?’’ again the unemployment rate to approxi- amendment to the Constitution that they will nod their head and say yes, mately 18 percent, and cause the econ- offers anything but balance. this is something we should do. omy to shrink by 17 percent. This amendment would destroy the There is common agreement across Republicans, as part of their budget budget and, in the process, wipe out the American people because it’s com- proposal, have made it clear they want jobs and eviscerate Social Security, mon sense. It’s hard to explain to any to cut Medicare, Medicaid, and Social Medicare, Medicaid, extended unem- family or any business why they have Security. By requiring a balanced ployment benefits, as well as edu- to balance their budget but Congress budget, these programs would be di- cation, cancer research, veterans, does not. It is the ultimate exemption rectly on the chopping block. Accord- bridge repair, and food inspection. You for Members of Congress that they can ing to the Center on Budget and Policy name a program, and this amendment spend as much as they want as often as Priorities, this amendment could force will put it at risk. they would like without any retribu- Congress to cut all programs by an av- A balanced budget amendment could tion. erage of 17.3 percent by 2018. If reve- force Congress to cut all programs by I hear all the doomsday statements nues are not raised, Medicare could be an average of 17.3 percent by 2018. This that if we balanced our budget, what cut by about $750 billion. amendment would limit the ability of would possibly happen if we had to live Democrats have balanced the budget the Federal Government to respond to within our means? It makes me smile before, and we will do it again without national crises, including an economic and say, just like every business and harming the economy. This amend- or natural disaster. It would virtually every family, we have to make hard ment is nothing more than a Repub- guarantee that recessions turn into de- choices, and we have to do it. lican political diversion, and I urge my pressions. But it’s not what doomsday pre- colleagues to vote ‘‘no.’’ This amendment will require a super- diction happens if we balance our budg- Mr. SMITH of Texas. Mr. Speaker, I majority to raise the debt ceiling—a et. It is look up across the ocean at yield 11⁄2 minutes to the gentleman reckless requirement given how close what is happening in Europe right now from Nebraska (Mr. FORTENBERRY). we came to defaulting earlier this year to nations that did not balance their Mr. FORTENBERRY. I thank the when just a simple majority was re- budget, and for some reason, we think gentleman from Texas. quired. as Americans we can run up as much Mr. Speaker, I have long supported a And I’m really tired of hearing Re- debt as we would like with no con- balanced budget amendment to the publicans say, well, if States and fami- sequence. We are fooling ourselves. Constitution, and I don’t take the issue lies must balance their budgets, so The doomsday is coming. We must lightly of amending our Constitution, should the Federal Government. The put a boundary around the United which has endured through strife and States have to balance their operating States Congress to be able to balance dramatic historical shifts with very budgets, but they can still borrow for our budget. In 1995, when this failed by few amendments. Constitutional capital projects. And families have to one vote, we will forever regret that if amendments should be exceedingly manage their budgets, but they can do this occurs again. It’s time for us to rare, as they have the power to spur so by incurring debt, home mortgages, balance our budget once and for all. sweeping change. But I do believe it is student loans, car loans, and payments Mr. CONYERS. Mr. Speaker, I yield 2 necessary that the same process that for medical bills. This amendment minutes to the distinguished gentle- guaranteed our hallmark freedoms of blocks the Federal Government from lady from Ohio, MARCIA FUDGE. speech and religion and freedom from making investments in the same way. Ms. FUDGE. I thank you very much, slavery be used to protect our children And suppose in 2008, when the deficit Mr. Chairman. and future generations from economic seemed manageable, we had a balanced Mr. Speaker, I rise today to speak in collapse. budget amendment. The effect on the opposition to the balanced budget Most States, including Nebraska, economy would be catastrophic. If the amendment, H.J. Res. 2. Despite its have already enacted balanced budget 2012 balanced budget were balanced name, this amendment does not bal- requirements. My State has to live through spending cuts, those cuts, it is ance the budget. It would have little ef- within its means. The Federal Govern- predicted by Macroeconomics Advis- fect on our deficit but could seriously ment needs to do the same. ers—— harm our economy. It would destroy Mr. Speaker, we are standing at his- The SPEAKER pro tempore. The jobs, drastically cut Medicare and So- tory’s door. We can either lead and be time of the gentlewoman has expired. cial Security, and unconstitutionally bold, making the hard decisions nec- Mr. CONYERS. Mr. Speaker, I yield give Federal judges the power to make essary to correct this fiscal trajectory, the gentlelady an additional 15 sec- spending decisions. or stay in our timeworn political lanes, onds. And this amendment does not even continuing with the status quo that Ms. SCHAKOWSKY. Macro- require a balanced budget every year. has given our Nation this economics, a nonpartisan forecasting What it does it make it easier to cut unsustainable debt burden. We can do firm, said that those cuts would throw taxes and more difficult to raise taxes something big for this country and our about 15 million more people out of in order to allocate money to impor- future and make deficit spending a work, double the unemployment rate tant programs that protect our vet- thing of the past. from 9 percent to about 18 percent, and erans, our seniors, and our most vul- This is a significant moment. I urge cause the economy to shrink by about nerable. It could also allow Federal my colleagues that we pass this bill. 17 percent instead of growing at an ex- judges to have the final say on taxing Mr. CONYERS. Mr. Speaker, I am pected 17 percent. This amendment will and spending decisions. pleased to yield 2 minutes to the in- only make the economy worse.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.089 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7789 Vote ‘‘no.’’ version, but I still say that was pretty measure. We must have a balanced Mr. SMITH of Texas. Mr. Speaker, I unfair to interns, who I think could do budget amendment to rein in spending yield 2 minutes to the gentlewoman a lot better than this amendment that so that we can create jobs. from Washington (Mrs. MCMORRIS ROD- we’re debating today. Mr. CONYERS. Mr. Speaker, STENY GERS), a member of the Republican If the balanced budget were in place HOYER has been working in leadership leadership. today, it would cripple the economy for many years. He is now our distin- Mrs. MCMORRIS RODGERS. I appre- and decimate Social Security, Medi- guished whip, and I recognize him for 5 ciate the gentleman yielding. care and veterans programs, among minutes. James Madison said that the many others. The austerity dogma of Mr. HOYER. I thank the chairman trickiest question the Constitutional the Republican majority—their bal- for yielding. Convention confronted was how to anced budget fetish—is hurting Amer- Mr. Speaker, in 1995 I spoke on the oblige a government to control itself. ica, not helping it. We need more Fed- floor in support of a balanced budget History records not a single nation eral dollars pumped into this economy. amendment. That was 16 years ago. that spent, borrowed, and taxed its way We need it to stimulate demand and to There’s a lot of water over the bridge to prosperity, but it offers us many, create jobs. We don’t need less. since that time. I said then and I many examples of nations that spent, If you get caught in a rainstorm—I quote: ‘‘I do so because I believe this borrowed, and taxed their way to eco- mean, I wouldn’t want to be caught in country confronts a critical threat nomic ruin and bankruptcy. a rainstorm with anybody on the other caused by the continuation of large an- And history is screaming to us a side of the aisle because I’d be afraid nual deficits.’’ I believed that then, and warning that nations that bankrupt that they’d propose a constitutional I believe it now. And I have voted themselves aren’t around very long be- amendment banning umbrellas. against tax cuts that weren’t paid for, cause before you can provide for the Call me old fashioned, Mr. Speaker, I have voted against Social Security benefits that weren’t paid for, and I common defense, promote the general but I think amending the Constitution have voted against other items that welfare, and secure the blessings of lib- is a pretty big deal. It should be re- weren’t paid for. I stand by my 1995 erty, you have to be able to pay for it. served for correcting gross injustices and expanding fundamental rights. For statement today. However, as I’ve said, b 1730 decades, I’ve been among those pushing events in the last 16 years lead me to Today I rise in strong support of the for a constitutional amendment that oppose today’s balanced budget amend- balanced budget amendment. This past enshrines the notion that women ment. Only months after we had that de- weekend, I re-read the 1995 House Judi- should be treated equally. Republicans bate, my Republican colleagues shut ciary Committee report that accom- want no part of that, but they’re eager down the government. In 1997 we panied the resolution that passed at for a constitutional amendment that passed an amendment with bipartisan that time. Incredibly, the same jus- shreds the safety net and could cause agreement reaffirming the 1990 agree- tifications put forward against the bal- another recession for our country. No anced budget amendment in 1995 are ment that we would have a PAYGO thanks. process in place. And without having the same ones that we hear today. Vote ‘‘no’’ on this balanced budget passed a balanced budget amendment, First, the report highlights a $4.7 amendment. we did in fact balance the budget 4 trillion debt in 1995 and discusses the Mr. SMITH of Texas. Mr. Speaker, I years in a row. Why? Because we paid implications of a $200 billion interest yield 2 minutes to the gentleman from for what we bought, we didn’t cut reve- payment. I only wish those were the Mississippi (Mr. NUNNELEE). nues before we cut spending, and we re- debt levels that we are responding to Mr. NUNNELEE. Thank you, Mr. strained spending—4 years in a row. I today. What this comparison means is Chairman. tell my Republican friends, none of you that we haven’t corrected the govern- Before I came to this body, I chaired in your lifetime has lived during the ment’s spending problem on our own. the appropriations committee in the course of a President who had four bal- Our debt has more than tripled and Mississippi Senate. I worked with my anced budgets. Were you partially re- interest payments more than doubled counterpart in the other chamber, a sponsible? Absolutely. Were we par- in the last two decades. All we have to Democrat, Chairman Johnny Stringer. tially responsible? Absolutely. But show over that time is that we have a We crafted three balanced budgets be- what was the lesson? That we didn’t spending problem; in fact, we have an cause Chairman Stringer and I shared a need an amendment; we needed the will addiction. And I don’t see that addic- commitment to a principle that you and the courage. tion going away unless we pass H.J. can’t spend more money than you take Without having passed that balanced Res. 2. in. budget amendment under President Where would we be today if the bal- One thing I learned is that there are Clinton, not only were we able to bal- anced budget amendment had passed always more needs and more requests ance the budget, but we also achieved the Senate in 1997 and it had been sent than there are available resources, and the only President term in the lifetime to the States? I guarantee we would that fact causes you to have to make of anybody in this Chamber or listen- not be facing a total debt of $15 trillion some difficult decisions. We made ing to me that had 4 years of balance or a $450 billion interest payment. And those difficult decisions in the Mis- and a net surplus—hear me—a net sur- so we must ask ourselves where will we sissippi State house. In fact, there are plus at the end of 96 months as Presi- be 5 to 10 years from now without a 49 States that require that around the dent of the United States. We made it balanced budget amendment. Nation. Municipal, county govern- happen not with a balanced budget I urge my colleagues to stop the ments are making those difficult deci- amendment, but because we had the cycle of overspending. Support this sions. More importantly, families are will to do so and by following PAYGO amendment. making those decisions sitting around rules. Mr. CONYERS. Mr. Speaker, I yield 2 the kitchen table, and small businesses Sadly, I tell my colleagues and the minutes to the former chair of the Pro- are making those decisions tonight. American people, Mr. Speaker, under gressive Caucus, LYNN WOOLSEY, the And if they’re willing to live within President Bush, Republicans exploded gentlelady from California. their means, they have every reason to the deficit and abandoned PAYGO, Ms. WOOLSEY. I thank the ranking expect their government in Washington along with the principle that we ought member for this time. to do the same thing. to pay for what we buy. Earlier this year, economist Bruce This balanced budget amendment has We do not have a spending problem Bartlett, who served in the Reagan and been a dream of leaders in this body or a revenue problem; we have a pay- Bush administrations, had this to say since Thomas Jefferson. Sixteen years for problem. The Republican Congress about an earlier Republican balanced ago we had bipartisan support and spent enormous sums on two wars, a budget amendment. He said: ‘‘It looks came within one vote of getting it prescription drug program, and tax like it was drafted by a couple of in- adopted. I welcome the support of cuts without paying for them. If you terns on the back of a napkin.’’ Grant- those Democrats that are stepping up have the courage of your convictions, ed, he was talking about a different and giving bipartisan support to this you pay for things.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.090 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7790 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Spending rose at a level nearly twice no courage to vote for this amendment. rity recipients should not be held re- the inflation rate that Bill Clinton’s But it will take courage to balance our sponsible for Congress’ reckless acts. rose in spending during the 8 years of budget by paying for what we buy. Radically cutting Social Security the Bush administration when Repub- Mr. SMITH of Texas. Mr. Speaker, I hurts Americans. Drastically cutting licans were in charge of everything for yield myself 15 seconds. Medicare hurts Americans. Enormous 6 years and had a President who could I just want to point out for the cuts to Defense and Homeland Security veto anything that we did. record that all of the balanced budgets measures, to food stamps, to veterans’ When the financial crisis hit in 2008, enacted during the Clinton administra- pensions and Supplemental Security President Bush told us that if we failed tion were, in fact, proposed by a Repub- Income for the elderly and disabled to act, there would be a high risk of de- lican Congress. I happened to be a hurts Americans. It hurts America and pression. member of the Budget Committee at makes us less safe and secure. the time. And make no mistake. This legisla- b 1740 Mr. Speaker, I yield 2 minutes to the tion requires these massive cuts. Some What did the President’s party do? gentlewoman from Michigan (Mrs. MIL- have claimed that these cuts will not You say you have a three-fifths vote if LER). be necessary under this legislation, or there’s an emergency. President Bush Mrs. MILLER of Michigan. I thank worse, that they are necessary and told us that if we did not act there the gentleman for yielding. good. They claim that cutting benefits would be a depression and, in fact, we Mr. Speaker, our Constitution is cer- to the most vulnerable Americans is had a vote, and that vote was 205–228, tainly the greatest governing docu- good, that destroying jobs, destroying with two-thirds of the President’s ment ever created by man. It’s the bed- lives is good. party voting against the President in rock foundation for this, the United Mr. Speaker, it is not. It is not good. what he called a crisis. States of America, the greatest nation It is not good to balance the budget on the backs of those who can least bear That gives me, I tell my friends on on Earth. the Republican side, no confidence that Mr. Speaker, our Founding Fathers, the burden. It is not good to balance the budget by taking away from those in time of danger and crisis, that we in their genius, provided us with a way who have so little. could summons three-fifths vote. I be- to amend the Constitution to deal with lieved in 1995 we could summon those This is exactly what the balanced a changing world. James Madison, who, budget amendment would do, and it votes because, frankly, we were a much of course, is widely seen as the Father takes away from medical care for sen- more bipartisan and, in my opinion, re- of the Constitution, once said that ‘‘A iors. That means more of our elderly sponsible body. But I do not have that public debt is a public curse.’’ unable to afford their medication, un- confidence today, and I am not pre- In 1995, this House passed a very able to get needed tests and treat- pared to take that risk. similar balanced budget amendment to ments, and more Americans hurting. My party, of course, voted with the one that we are considering today. It destroys jobs. That means more President Bush because we thought The amendment received 300 votes in Americans out of work, more Ameri- there was a crisis. Now, a few days this House, but fell just one vote short cans unable to pay their bills, and after that, we came back to vote, and in the United States Senate. more American families hurting. we did pass it. Since that time, Mr. Speaker, our na- The SPEAKER pro tempore. The The SPEAKER pro tempore. The tional debt has grown by over $9 tril- time of the gentleman has expired. time of the gentleman has expired. lion, yes, $9 trillion, including nearly Mr. CONYERS. I yield the gentleman Mr. CONYERS. I grant the gen- $4 trillion in new debt in just the last an additional 15 seconds. tleman 1 additional minute. 3 years, and today the debt is over $15 Mr. CLAY. You know, Hubert Hum- Mr. HOYER. I tell my friends that trillion. And the fact of the matter is phrey said it best. He said, ‘‘The moral even on the second vote, when we did, that our public debt has become the test of government is how that govern- in fact, pass that bill that President public curse of which Madison warned ment treats those who are in the dawn Bush asked us to pass because there us. of their life, the children; those who was a crisis, he could not summon the The American people understand are in the twilight of their life, the el- majority of your party to support him. that this level of debt is not sustain- derly; and those who are in the shad- Barely three-fifths, notwithstanding able, and that is why they overwhelm- ows of life, the sick, the needy and dis- the President’s assertion of crisis, ingly support this balanced budget abled.’’ voted to meet that crisis, with 172 amendment. Today we have a choice, This reckless legislation fails all Democrats voting with President Bush Mr. Speaker. Do we answer the call of tests. Mr. SMITH of Texas. Mr. Speaker, I in a bipartisan response to crisis. the American people and embrace fis- yield 2 minutes to the gentlewoman Earlier this year, again, in control of cal responsibility, or do we continue from Washington (Ms. HERRERA the House, Republicans brought the the status quo of more spending and government to the brink of shutdown. BEUTLER). more borrowing and more debt? Ms. HERRERA BEUTLER. Winston Over the summer we saw them hold the It’s time for this Congress to use the Churchill said that Americans can al- country hostage by pushing us to the tools our Founding Fathers gave us, ways be counted on to do the right brink of default, in the first time in my Mr. Speaker, to amend the Constitu- thing after they’ve exhausted all other memory, the United States of America tion to save further generations from possibilities. to the brink of default. the shackles of unsustainable debt. I What’s interesting about this quote I have not changed my beliefs about would urge my colleagues to join me in is it actually applies to this institu- balancing the budget, and I invite all of supporting this commonsense amend- tion. What have we tried? We’ve tried you to vote with me on paying for ment to balance our Federal budget. billion-dollar bailouts for auto compa- things that we buy, not passing those Mr. CONYERS. Mr. Speaker, I yield 2 nies. We’ve tried billion-dollar bailouts costs along to my children, my grand- minutes to the distinguished gen- for Wall Street fat cats, not for Main children, and my two great grand- tleman from St. Louis, Missouri, LACY Street. We’ve done bailouts for auto- children. We have shown we can do it. CLAY. makers. We’ve thrown money at every- We balanced the budget for 4 years. Mr. CLAY. I thank my friend from thing, and we have added so much to Don’t talk about it. Just do it. Don’t Michigan for yielding. our national debt in the last 4 years. refuse to pay for it. Don’t cut taxes and My Democratic colleagues have spo- Republicans did it too. It doesn’t increase spending. ken, and will speak, eloquently on the make it right. The SPEAKER pro tempore. The numbers. They have, or will, correctly So, are we better off than we were 4 time of the gentleman has again ex- point to the millions of jobs the bal- years ago? No. In southwest Wash- pired. anced budget amendment would cer- ington State, we still have rampant un- Mr. CONYERS. I grant the gen- tainly destroy. employment and joblessness. tleman 10 additional seconds. However, I want to talk about the I’m no economist. I’m not the distin- Mr. HOYER. Don’t just preach fiscal personal impact of this irresponsible guished minority leader, whom I re- responsibility; practice it. It will take legislation. For example, Social Secu- spect. I’m just an average American

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.092 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7791 that understands a very simple truth: stitution that provides us with the op- thing; do your job, not an amendment You cannot spend more than you have. portunity to even be here. to the Constitution. That’s all this amendment does. But it is important to note that in Mr. Speaker, I rise today in strong opposi- That’s it. We’re not cutting Social Se- order to amend the Constitution, the tion to the rule for H.J. Res. 2, a ‘‘Proposing curity. We’re not cutting Medicare. We Founding Fathers were so serious A Balanced Budget Amendment to the Con- would not. We’re actually protecting about how important an action this stitution of the United States.’’ While I support those programs by saying, this Federal would be that they indicated that there bipartisan efforts to increase the debt limit and Government is going to live within the should be two-thirds votes from both to resolve our differences over budgetary rev- money that it takes from the tax- the House and the Senate and three- enue and spending issues, I cannot support a payers every year, no more, no less. quarters of our States. The people of bill that unduly constrains the ability of Con- b 1750 the United States must likewise an- gress to deal effectively with America’s eco- swer the call. nomic, fiscal, and job creation troubles. It’s very, very simple. You don’t have Frankly, let me make a pronounce- In my lifetime, I have never seen such a to be an economist to understand that ment. The American people will not concerted effort to ransom the American econ- if you spend more money than you answer this foolish call. They will rec- omy in order to extort the American public. have every year, you have a problem. ognize that whether it’s supercommit- While I support bipartisan efforts to increase Our problem is $15 trillion worth of tees or Tea Parties and others that the debt limit and to resolve our differences backbreaking debt. We don’t have to want to detract away from the reason- over budgetary revenue and spending issues, look much further than Europe to able approach to budgeting, which is I cannot support a bill that unduly robs aver- know that no country can exist under revenue enhancement and serious re- age Americans of their economic security and debt like this for too long. We’re actu- form, they know that the way they do ability to provide for their families while con- ally taking steps to protect our poor their budget is thoughtfulness and not straining the ability of Congress to deal effec- and vulnerable by putting sideboards rushing to judgement. tively with America’s economic, fiscal, and job around the reckless spending of this A headline on the markup of our bill creation troubles. Congress. in committee, though I know this is This bill would put our national security at With this amendment, we’re cutting not, said: SHEILA JACKSON LEE Can’t risk. If our nation is under attack or needs to up the credit card that is going to Slow Down Republican Balanced Budg- respond to an imminent threat, the last person break the backs of the American people et Amendment Freight Train. That I would consider contacting is an accountant. and cost us more jobs. train keeps coming, and in the midst of I would expect that this body would act swiftly I urge my colleagues to join us in so- it, there are bloody bodies left along and this mandate takes away that ability. lutions, and bipartisan solutions, that the wayside. We need to change the tone here in Con- are going to bring an opportunity for Our Chairman of the Federal Reserve gress. Federal Reserve Chairman Ben America to prosper and succeed. A said we really don’t want to just cut, Bernanke said it best when he stated recently ‘‘no’’ vote is putting people under and cut, cut. Chairman Bernanke said you before the House Committee on Financial putting politics above. We need to re- need to be a little bit cautious about Services. ‘‘We really don’t want to just cut, cut, verse that and put people before poli- sharp cuts in every near term because cut,’’ Chairman Bernanke further stated ‘‘You tics. of the potential impact on the recov- need to be a little bit cautious about sharp I urge a ‘‘yes’’ vote. ery. That doesn’t at all preclude, in cuts in the very near term because of the po- Mr. CONYERS. Mr. Speaker, I yield fact, I believe it’s entirely consistent tential impact on the recovery. That doesn’t at myself such time as I may consume. with a longer-term program that will all preclude—in fact, I believe it’s entirely con- The gentlelady from Washington, I bring our budget into a sustainable po- sistent with—a longer-term program that will listened to her very carefully, and she sition. bring our budget into a sustainable position.’’ has promulgated one of the greatest The SPEAKER pro tempore. The NATIONAL SECURITY—VETERANS AND MILITARY FAMILIES misunderstandings in this debate, time of the gentlewoman has expired. I am outraged to find that revisions to this namely, that the Social Security and Mr. CONYERS. I yield the gentlelady legislation include a provision that will hurt our Highway Trust Fund are not jeopard- an additional 30 seconds. veterans and military families and seriously ized by House Joint Resolution 2 be- Ms. JACKSON LEE of Texas. I thank compromise our ability to combat terrorism. As cause section 7 excludes repayment of the gentleman. a senior member of the Homeland Security debt principle from the definition of So for us to go this route, it means Committee, I am deeply concerned about any total outlays. that even in a war, it is a complicated measure that undermines the men and women Now, according to the Center on process of a majority vote, even beside of the Armed Forces or the safety and security Budget and Policy Priorities, the bal- the declaration of war; even in an of the American people. anced budget amendment could result emergency when our soldiers are need- The Department of Defense, DOD, has al- in Medicare being cut by about $750 bil- ing more resources, we have to come to ready agreed to cut its budget by $450 billion lion, Social Security almost $1.2 tril- this body and stop and wait for our sol- over the next ten years. The Center for Stra- lion, and the veterans’ benefits $85 bil- diers to get what their resources are. tegic and International Studies predicts that lion through 2021 if cuts were spread We have to stop and wait for our vet- further budget reductions, including those that proportionately. So I hope that there erans to get the resources that they would stem from a balanced budget amend- will be fewer and fewer of my col- need. ment, will cause substantive modification to leagues trying to assure us that this While veterans hospitals are closing, our defense strategy, capabilities and force bill does not jeopardize those pro- while centers for posttraumatic stress structure. grams. This is from the Center on disorder are closing, we will be fiddling Enacting a balanced budget requirement Budget and Policy Priorities. around and the freight train of the bal- would severely limit the ability of the Armed I yield 3 minutes to the distinguished anced budget amendment will drive Forces to procure the equipment necessary to member of the committee, the gentle- over the veterans, the soldiers, the keep our troops safe, and prepare them for lady from Texas, SHEILA JACKSON LEE. President who is trying to save this potential combat. A balanced budget amend- Ms. JACKSON LEE of Texas. I thank Nation, Homeland Security resources ment would dramatically constrain discre- the ranking member of this committee. that are needed, because we wanted to tionary budgets, so much so that procurement, Many of us could spend a lot of time be a political grandstanding for a bal- research and development, and the acquisition on educating the public on just what is anced budget amendment. of new technologies would have to be zeroed occurring. We cherish this little book We balanced a budget in 1993; some out of the DOD budget. that has lasted in this Nation for suffered politically. We got the budget These deep cuts to research and develop- some—more than centuries that we can balanced in 1997; some suffered politi- ment and procurement would threaten the count. As this document was written, cally. But the Democrats knew how to safety of the men and women of the Armed the question was going to ask—or was do it. Let’s come together. Balance the Forces. For example, the constraints caused asked whether it could last. And today, budget and ignore a complicated, ludi- by a balanced budget amendment would seri- we cite the United States as the long- crous process that the Founding Fa- ously endanger the Marine Corps’ V–22 Os- est democracy holding on to a Con- thers said, stop, wait, do the right prey program, as well as the intended order of

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 9920 E:\CR\FM\K17NO7.094 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7792 CONGRESSIONAL RECORD — HOUSE November 17, 2011 340 F–35B Joint Strike Fighters. The effects of amendment would require the DOD to dras- Only five years in the last fifty has the Fed- a balanced budget amendment would hinder tically curtail the number of active duty service eral Government posted an annual budget the Navy’s planned expansion from 287 to 320 members, retirement benefits, and health care surplus; all other years the government has ships. benefits for veterans and military families. been in deficit. Even the House-passed Re- This bill will deeply impact the Defense In- There are currently 22.6 million veterans liv- publican budget resolution, which requires im- dustrial Base, DIB, a group of companies and ing in the United States, and all of them de- mediate and sustained drastic spending cuts, contractors that supply equipment and tech- serve the retirement and health care benefits never reaches balance in the ten-year window nology to the Armed Forces. The budget re- that were promised to them. In my home State required by H.J. Res. 2—indeed, it is not pro- ductions caused by a balanced budget of Texas we have nearly 1.7 million veterans, jected to be balanced for several decades, amendment would deeply impact moderniza- and 18th District is home to 32,000 of them. only reaching balance by 2040. tion and procurement. In fact, Army Secretary Of the 200,000 veterans of military service Because this proposal makes it so much John McHugh recently said that to facilitate who live and work in Houston; more than harder for Congress to increase revenues than any further budget cuts, ‘‘you’d probably have 13,000 are veterans from the Iraq and Afghan- to cut spending, it in essence forces the Presi- to take some 50% out of modernization.’’ istan. We should not compromise the benefits dent to match those same restrictions in his The DIB has resulted in the development of for one of these patriotic Americans with this budget. In other words, H.J. Res. 2 is a polit- the most advanced military force the world has harmful legislation. ical ploy designed to force the President to ever seen. However, large cuts in procure- There has been a theme this Congress of submit a budget that reflects the Republican ment funding would seriously compromise our focusing on cutting programs that benefit the priorities of ending the Medicare guarantee ability to develop some essential future capa- public good and for the most at need, while ig- while cutting taxes for millionaires. bilities. Moreover, the downsizing that a bal- noring the need to focus on job creation and SOCIAL SECURITY & MEDICARE anced budget requires would leave a large economic recovery. Debate of this balanced According to the Center on Budget and Pol- number of highly skilled and professional budget amendment is wasting a tremendous icy Priorities, H.J. Res. 2’s balanced budget workers unemployed in an economy unlikely amount of time when we should be focused requirement could result in Medicare being cut to absorb them for quite some time. on paying our nation’s bills and resolving our by nearly $750 billion, Social Security almost Passing this legislation will not, as many of differences. $1.2 trillion, and veterans’ benefits $85 billion, my colleagues on the other side of the aisle As I mentioned, a balanced budget is not through 2021 assuming that the spending cuts believe, result in a more stable budget. An something that should be mandated in our would be distributed evenly across the govern- amendment requiring a balanced budget will Constitution, nor something that should be ment. These cuts would devastate millions of render discretionary budgets, particularly the automatically be required every year. In par- seniors, veterans, children and the disabled. DOD and national security budgets, much less ticular, during economic downturns, the gov- These cut would have a devastating effect predictable. The Departments of State, De- ernment can stimulate growth by cutting taxes on the millions of aged, disabled, veterans, fense and Homeland Security will have to and increasing spending. And in fact, the cost children, and others who depend on Social compete for their shares of the national secu- of many government benefit programs is de- Security. The BBA would have the foreseeable rity budget, and furthermore, a likely response signed to automatically increase when the effect of plunging millions of Social Security to a balanced budget amendment will be an economy is down—for example, costs for food beneficiaries into poverty and making for a increased reliance on emergency, ad hoc ap- stamps, SNAP, and Medicaid increase when very bleak future for most others. Over two- propriations. more people need to rely upon them. thirds of seniors and 70 percent of people with A provision of H.J. Res. 2 requires legisla- These countercyclical measures lessen the disabilities depend on Social Security for half tion to spend money that will take the budget impact of job losses and economic hardship or more of their income. Close to half—47 per- out of balance due to a military conflict or na- associated with economic downturns. The re- cent—of all single (i.e., widowed, divorced, or tional security need. As it stands, this bill will sulting temporary increases in spending could never-married) women over age 65 rely on require a Joint Resolution from both houses of cause deficits that would trigger the balanced Social Security for 90 percent or more of their Congress with the specific dollar amount being budget requirements at the worst possible mo- income. spent. ment. Seniors are spending more on their health In order to spend more than has been ap- A constitutional amendment requiring Con- care costs, and Americans in general are propriated, agencies tasked with defense and gress to cut spending to match revenue every making less. The face of poverty is a child’s national security will need approval from Con- year would both limit Congress’s ability to re- face. If a private employer attempted to do gress. This increased reliance on emergency spond to changing fiscal conditions and would what is being asked of us here today, which appropriations will have detrimental effects on dramatically impede federal responses to high would be to use their pension plans in a man- the sound functioning of our defense and na- unemployment as well as federal guarantees ner that H.J. Res 2 would deal with Social Se- tional security institutions. The more these in- for food and medical assistance. curity that would be against the law. stitutions are forced to rely on emergency H.J. Res. 2 would amend the Constitution to Furthermore, the need to raise the debt ceil- funding, the more unpredictable their budgets require Congress to balance the budget each ing has no correlation to whether future budg- will become. year. It would also impose new procedural ets are balanced; increases in the debt ceiling This legislation would allow a military con- hurdles to raising the debt ceiling, and require reflect past decisions on fiscal policy. And as flict or threat to national security to take the the President to submit a balanced budget demonstrated by this year’s current disagree- budget out of balance. However, in order to each year. ment about whether and when to raise the authorize additional funds for military engage- The thresholds proposed in H.J. Res. 2 are debt ceiling, Congress does not need to im- ment or threats to national security that re- completely unrealistic. Even during Ronald pose further barriers to its consideration. quire action, Congress would need to pass Reagan’s presidency—before the baby Treasury has warned that failing to raise the legislation citing a specific dollar amount. boomers had reached retirement age, swelling debt ceiling and the resulting government de- As a senior member of the Homeland Secu- the population eligible for Social Security and fault, which would be unprecedented, could rity Committee, I know that the threats against Medicare, when health care costs were much have catastrophic impacts on the economy. In- the nation are constantly changing and ever lower—federal spending averaged 22 percent terest rates would rise, increasing costs for the present. We cannot ask those responsible for of GDP. This would impose arbitrary limits on government and potentially on American busi- protecting this nation to ask Congress for a government actions to respond to an eco- nesses and families. specific amount of money every time there is nomic slowdown or recession. Any cuts made to accommodate a man- a threat to our national security that requires Cutting spending during a recession could dated balanced budget would fall most heavily action. Should we ever experience another at- make the recession worse by increasing the on domestic discretionary programs; the im- tack on American soil, we cannot expect out number of unemployed, decreasing business mediate result of a balanced budget amend- first responders to wait for authorization before investment, and withholding services needed ment would be devastating cuts in education, intervening. to jump-start the economy. As written, this bill homeland security, public safety, health care Mr. Speaker, I am incredibly disheartened to would render Social Security unconstitutional and research, transportation and other vital see my colleagues on the other side of the in its current form. By capping future spending services. aisle champion this legislation, legislation that below Reagan-era levels would force dev- The Founders purposely made the Constitu- has so many negative impacts on our vet- astating cuts to Medicaid, Medicare, Social tional amendment process a long and arduous erans and military families. The permanent Security, Head Start, child care, Pell grants, one. Having a Constitutional balanced budget budget cuts necessitated by a balance budget and many other critical programs. amendment is not a novel idea. Balanced

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00076 Fmt 7634 Sfmt 9920 E:\CR\FM\A17NO7.035 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7793 budget amendments have made it to a floor In 2008, there were 15.45 million impover- I would ask the Members of this body vote in the Senate five times, and in the ished children in the Nation, 20.7 percent of to show the same courage and deter- House four times, according to CRS. The Sen- America’s youth. The Kaiser Family Founda- mination that the young men and ate barely passed a version in 1982, but it tion estimates that there are currently 5.6 mil- women show who serve our country in failed to gain the necessary two-thirds majority lion Texans living in poverty, 2.2 million of defense of our freedom every day, to do in the House. The House passed a version in them children, and that 17.4 percent of house- the right thing and to vote for a bal- 1995, but it failed in the Senate. holds in the state struggle with food insecurity. anced budget amendment to the United Do my Republican colleagues really expect In my district, the Texas 18th, more than States Constitution. Congress to capriciously pass an amendment 190,000 people live below the poverty line. If not now, when? Let us vote for altering our Nation’s founding document on We must not, we cannot, at a time when the this. Let us put this country down the such short notice; an amendment that will fun- Census Bureau places the number of Amer- right track. And let us not be the damentally change our country without rea- ican living in poverty at the highest rate in greatest threat to the United States. sonable time for debate; without the oppor- over 17 years, cut vital social services. Not in Mr. CONYERS. Mr. Speaker, I yield 2 tunity for a hearing or questioning of wit- the wake of the 2008 financial crisis and per- minutes to the distinguished gen- nesses; without any reports as to what impact sistent unemployment, when so many rely on tleman from Oregon, EARL BLU- it may have? federal benefits to survive, like the Supple- MENAUER. By tying the fate of whether the United mental Nutrition Access Program, SNAP, that Mr. BLUMENAUER. I appreciate my States pays its debt obligations to the histori- fed 3.9 million residents of Texas in April friend for the courtesy of permitting cally prolonged Constitutional amendment 2011, or the Women, Infants, and Children, me to speak on this. process, the Republicans who support this bill WIC, Program that provides nutritious food to I am here in honor of the memory of have demonstrated, at this critical juncture in more than 990,000 mothers and children in the late, and I think great, United American history, that they are profoundly irre- States Senator from Oregon, Repub- sponsible when it comes to the integrity of our my home state. The Census Bureau also reported there are lican Mark Hatfield. economy and utterly bereft of sensible solu- tions for fixing it. 49.9 million people in this country without When the balanced budget amend- health insurance. This is an absolute injustice ment freight train was moving through POTENTIAL IMPACT ON MEDICARE that must be addressed. We can no longer ig- Congress in 1995 and a number of people Medicare covers a population with diverse nore the fact that nearly 50 million Americans, piled on, it passed here overwhelm- needs and circumstances. Most people with many of them children, have no health insur- ingly, but it failed in the United States Medicare live on modest incomes. While many ance. Senate by one vote. The only Repub- beneficiaries enjoy good health, 25 percent or Texas has the largest uninsured population more have serious health problems and live lican who voted ‘‘no’’ was Senator in the country; 24.6 percent of Texans do not with multiple chronic conditions, including cog- Mark Hatfield, who was chair of the have health care coverage. This includes 1.3 nitive and functional impairments. Appropriations Committee. He was vis- Today, 43 percent of all Medicare bene- million children in the state of Texas alone ited repeatedly by some of the most ar- ficiaries are between 65 and 74 years old and who do not have health insurance, or access dent proponents of a, quote, balanced 12 percent are 85 or older. Those who are 85 to the health care they need. budget amendment importuning him or older are the fastest-growing age group It is unconscionable that, despite egre- for special treatment. giously high poverty rates, Republicans seek among elderly Medicare beneficiaries. With b 1800 the aging and growth of the population, the to reduce spending by cutting social programs that provide food and health care instead of Senator Hatfield understood that, number of Medicare beneficiaries more than had that balanced budget amendment doubled between 1966 and 2000 and is pro- raising taxes on the wealthiest in the Nation, been approved, it would have been an jected to grow from 45 million today to 79 mil- or closing corporate tax loopholes. excuse for people to feel like they’d lion in 2030. Balanced budget amendments have made it to a floor vote in the Senate five times, and in done their job and that they could go POVERTY about continuing business as usual. He We are constantly discussing cutting the the House four times, according to CRS. The Senate passed a version in 1982, but it failed took a lot of heat. He, in fact, offered budget, reducing our debt. Any yet, there has his resignation to Bob Dole, which not been a single strong job creating measure to gain the necessary two-thirds majority in the would have reduced the number of Sen- purported by my Republican colleagues. In- House. The House passed a version in 1995, ators, and the balanced budget amend- stead time and again there is legislation but it failed in the Senate. Mr. SMITH of Texas. Mr. Speaker, I ment would have passed. brought before this body to delay having a real yield 2 minutes to the gentleman from The SPEAKER pro tempore. The debate on job creation. The poorest among us Colorado (Mr. COFFMAN). time of the gentleman has expired. are being asked to bare the brunt of this legis- Mr. COFFMAN of Colorado. Mr. Mr. CONYERS. I yield the gentleman lation; cuts to Medicare, cuts Social Security Speaker, I’ve had the honor of serving an additional 30 seconds. . . . Who do you think these programs serve? in both the Army and the Marine Mr. BLUMENAUER. But Senator We would be asking the poor to pay more for Corps, five overseas deployments, two Hatfield understood that that was health insurance, to pay more for medical ex- wrong. He voted against it. It failed. penses, to pay more for housing. I ask my col- of them in combat. What has really struck me since I’ve And what happened? leagues a simple question. Currently more Americans are in need of been in the Congress of the United We were able to move forward under jobs than jobs are available. Without focusing States and had the honor, as well, to a Democratic administration to be able on creating jobs and advocating for job serve on the Armed Services Com- to rein in spending. We balanced the growth, what will happen to those individuals mittee is testimony by former Chair- budget for 4 consecutive years. What who are unable to find work, are seniors, are man of the Joint Chiefs of Staff, Admi- happened was, when the Republicans disabled, are children? What about veterans ral Mike Mullen, who said the greatest took over, restraint was lost; deficits who find their pensions cut? When all these threat to the United States is our na- skyrocketed; and they put in place tax- cuts to essential and vital programs occur in tional debt. He didn’t say it was al cut and spending policies that drive the order to support this proposed constitutional Qaeda. He didn’t say it was some for- deficit to this day. mandate, what will happen to these individ- eign power of terrorists. He said the Reject this phony solution. Stand up. uals—how will they pay housing, health, and greatest threat to the United States is Provide a balance of increased reve- basic life necessities come from? right here. The greatest threat to the nues and program cuts. Don’t pretend I am, as we all are, deeply troubled by the United States are the decades of out-of- something that you’re not doing and report issued by the U.S. Census Bureau. One control spending by the Congress of the that’s not enforceable as an excuse to of every six Americans are living in poverty, United States that is bringing down avoid our responsibilities. totaling 46.2 million people, this highest num- this country. Mr. SMITH of Texas. Mr. Speaker, I ber in 17 years. In a country with so many re- We have an opportunity today to yield 2 minutes to a member of the sources, there is no excuse for this staggering change that. We have an opportunity Armed Services Committee, the gen- level of poverty. today to put the discipline in place tleman from Tennessee (Mr. COOPER). Children represent a disproportionate that we are not going to go down the Mr. COOPER. The chairman of the amount of the United States poor population. path of Greece. Joint Chiefs of Staff, Mike Mullen, said

VerDate Mar 15 2010 06:51 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.037 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7794 CONGRESSIONAL RECORD — HOUSE November 17, 2011 that our worst enemy was not any for- and I don’t think anybody should vote against an enemy that largely doesn’t eign power or al Qaeda—rather, that for it. exist anymore. it’s our own national debt. That’s Mr. GOODLATTE. Mr. Speaker, it is If you want to balance the budget, right. It’s official now. Congress has my pleasure to yield 11⁄2 minutes to the then vote to tell the hedge fund man- become basically America’s worst gentleman from South Carolina (Mr. agers and all of these other people who enemy. DUNCAN), a member of the Natural Re- are making all this money that maybe I wish we would take it upon our- sources Committee. they should just pay a little bit more selves to cut spending and to balance Mr. DUNCAN of South Carolina. I in taxes into the Federal Treasury. budgets. We are failing in doing that, simply ask: Are you better off today All the heartfelt, pious speeches to- and we have failed repeatedly. I wish than you were $4 trillion ago? night won’t save $1, but the things I the supercommittee would come up I say not. just talked about would. They’re dif- with a super solution. That does not Mr. Speaker, I come to the floor ficult; they’re controversial; but look likely. today to discuss the most important they’re real. So let’s not fool the Amer- I regret that we are at the stage now issue that we will take up this year, ican public that some process that where we need a balanced budget and that is a balanced budget amend- somebody else someday might follow amendment, and I regret that we’re at ment to the United States Constitu- will balance the budget. If you want to the stage of partisanship when, just 10 tion. balance the budget, vote to cut spend- years ago, 72 Democrats voted for this, For much too long, Congress has al- ing. You may have ways that I didn’t including two out of the three top lowed mountains of debt to pile upon outline. I’d like to hear them. If you members of our leadership. our children and our grandchildren. We want to balance the budget, then vote We’ve got to live within our means. are in debt to the tune of $15 trillion, for some people who can afford to pay The Nation’s future is at stake. It’s sad and we continue to spend each year in more. that we have become so lame that we excess of $1 trillion more than we are Do something real. need this crutch, but we need it. Amer- bringing in. That will create the balanced budget, ica’s overspending—our obesity in this In the short time that I have been a the confidence, and the jobs the Amer- body—is so great that we have become Member of Congress, it is evident to me ican people need—not just another America’s greatest obesity problem. that Washington will never voluntarily empty, hollow, meaningless political The balanced budget amendment is the make the significant cuts to spending. debate. The right action is to balance right diet. That’s why we need to pass a balanced the budget, and the right vote on this Mr. SMITH of Texas. Mr. Speaker, I budget amendment, which would force bill is ‘‘no.’’ ask unanimous consent that the gen- Washington to do what families and tleman from Virginia (Mr. GOODLATTE) b 1810 small businesses do each and every control the remainder of my time. year: live within their means and stop Mr. GOODLATTE. Mr. Speaker, I am The SPEAKER pro tempore. Is there the spending insanity. It’s common pleased to yield 2 minutes to the dis- objection to the request of the gen- tinguished gentleman from North Caro- tleman from Texas? sense not spending more than you lina (Mr. MCINTYRE), the ranking mem- There was no objection. have; but maybe that’s too simple for Mr. CONYERS. Mr. Speaker, I yield 2 those who gain some sort of power by ber of the Seapower Subcommittee of minutes to the distinguished gen- providing services that our Nation can- the Armed Services Committee. Mr. MCINTYRE. Mr. Speaker, I rise tleman from Illinois, DANNY DAVIS. not afford and by spending money that Mr. DAVIS of Illinois. A balanced we don’t have. today in support of H.J. Res. 2, a bal- budget amendment to the Constitution A balanced budget amendment: the anced budget constitutional amend- represents bad economics and bad so- right bill at the right time for America ment. With the national debt topping cial policy. The ability to borrow to to regain control of its finances. more than $15 trillion, it is critical help our States and citizens is a crit- Mr. CONYERS. Mr. Speaker, I yield 2 that we pass this important legislation ical tool to aid our Nation during eco- minutes to the distinguished gen- to improve our Nation’s economic nomic crisis. tleman from New Jersey, ROB AN- health and national security. One of the most egregious con- DREWS. Mr. Speaker, $48,570, that’s the price sequences of this bill is the dangerous (Mr. ANDREWS asked and was given we’re putting on the head of every cuts to Social Security, Medicaid, permission to revise and extend his re- American, the portion that every man, Medicare, and other safety net pro- marks.) woman, and child owes today to pay off grams that would result. Given the Mr. ANDREWS. Mr. Speaker, when our Nation’s skyrocketing Federal vast deficit that exists due to reckless Congress doesn’t want to do something, debt. It’s often said that our children tax cuts for the wealthy, this bill it forms a committee. We tried, and and future generations will pay for the would achieve balance on the backs of that doesn’t appear to be working. choices we make today. But the truth the elderly, the poor, and the disabled. Then when it doesn’t want to do some- is that we’re incurring debt at such a To achieve balance in the short term, thing, it kicks the can down the road rapid pace that we’ll begin to pay that massive reductions to critical safety and sets up a process where somebody price sooner than expected. We’ll pay net programs would have to occur—$750 else does the hard thing. That’s what now as well as later. As public debt billion in cuts from Medicare, $1.2 tril- we’re doing here tonight. continues to grow, including borrowing lion from Social Security, and $85 bil- If you want to balance the budget, from foreign nations such as China, in- lion from veterans’ benefits through then vote to tell the Federal-operating terest costs alone are soaring into the 2021. Dramatic cuts to other safety net Departments to do with 5 or 10 percent stratosphere. Our economy, our mili- protections for citizens, such as food less money than they got last year. I’m tary strength, and the opportunity for stamps and supplemental security in- prepared to do that. future growth are at risk if this prob- come for the disabled, poor, and the el- If you want to balance the budget, lem is not addressed more quickly. derly, would almost certainly occur. then save money in the Medicare pro- That’s why I will stand here today to To add insult to injury, nonpartisan gram by saying Medicare can negotiate support H.J. Res. 2, a balanced budget economists with Macroeconomic Advis- prices of prescription drugs the way amendment. ers estimate that a balanced budget the VA does, and save billions of dol- Since first coming to Washington in amendment would eliminate 15 million lars on prescription costs. I’m prepared 1997, I have cosponsored legislation jobs, increase unemployment to 18 per- to do that. that would adopt a balanced budget cent, and shrink the economy by 17 If you want to balance the budget, amendment to the Constitution. This percent—catastrophic economic losses bring the troops home from Afghani- critical legislation would require the at the same time that Federal safety stan sooner. Since we have the ability Federal Government to balance its programs to support citizens experi- to blow up the world 24 times, let’s not budget like most States are required to encing such hardships are eviscerated. pay for weapons that blow it up a 25th do. In fact, 49 of the 50 States have This is a terrible piece of legislation. time. Let’s not have 90,000 troops in some form of a balanced budget re- It’s a bad bill. I could not, would not, Europe and Korea who are defending quirement. So this is not something

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.097 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7795 novel or unusual. It’s something that body. They knew that raising the rev- stitution. Only in this way, when Con- makes sense. My home State of North enue needed to invest in our people and gress spends your money, will you be Carolina has one of the most stringent secure our economic success was a lot allowed in the room to sit over their requirements to do so. wiser than drawing ideological lines in shoulder and say ‘‘no,’’ because as we Let’s stand together today for com- the sand. They didn’t need a balanced know, today’s fiscal implosion is here. mon sense. Let’s send a message to the budget amendment to take tough And under statutory limitations, the American people that we can keep our votes, to make compromises, or to Congress has not been able to balance fiscal house in order, that we can bal- stand up for the future of our Nation in your budget. Go to the highest law of ance our budget, and we can do the the face of uncompromising ‘‘pledges’’ the land, force them to live within right thing with the American tax- demanded by some group or another. your means, and ensure that the doom payers’ dollars to put our Nation on a As we watch the ‘‘supercommittee’’ and gloom we hear about being able to path of economic strength and vitality. on the brink of failure, I don’t know spend less money to help America actu- Mr. CONYERS. Mr. Speaker, I am what further proof we need that there ally occurs. pleased to yield 3 minutes to another isn’t a silver bullet in the fight for fis- Mr. CONYERS. Mr. Speaker, I am gentleman from North Carolina, DAVID cal security. The real answer—and I be- pleased to yield 2 minutes to the dis- PRICE. lieve colleagues know this very well— tinguished gentlelady from Oakland, (Mr. PRICE of North Carolina asked isn’t a matter of gimmickry; it’s about California, BARBARA LEE. and was given permission to revise and mustering the political will to do the Ms. LEE of California. I want to extend his remarks.) right thing. I understand it’s hard to thank the gentleman for yielding and Mr. PRICE of North Carolina. Mr. revolt against King Norquist. But any for continuing to fight the good fight Speaker, I rise to oppose the Tea Party Tea Party worth of its name ought to on behalf of the American people. Caucus’ latest misguided attempt to be prepared to challenge the monarchy, Many of my Republican colleagues derail Federal fiscal and economic pol- not to do its bidding. I urge my col- have come to the floor to keep telling icy. I understand the appeal of a simple, leagues to vote against this amend- us that the Federal Government must sound bite-friendly solution to all that ment. balance the budget, just like every ails us. In fact, some people think that Mr. GOODLATTE. Mr. Speaker, I American family. Well, it sounds like balancing the budget is just a matter yield myself 15 seconds to say that the it makes sense to me, but it’s non- of cutting foreign aid and converting to last time that the Congress balanced a sense. How would those families and a flat income tax. Many of our col- budget with a Democratic controlled businesses feel about Congress passing leagues have stoked such nonsense and Congress was 1969, more than 42 years a constitutional amendment making it similar claims that are mathemati- ago. illegal to borrow money to invest in cally impossible. They know very well At this time, it is my pleasure to their futures? What if they could not that balancing the budget through cuts yield 2 minutes to the gentleman from get a mortgage to buy a house? What if alone would require eliminating every Michigan (Mr. MCCOTTER), a member of they could not get credit to buy a car penny of discretionary spending, in- the Financial Services Committee. or get a credit card just to buy some cluding the entire Department of De- Mr. MCCOTTER. I thank the gen- clothes? What if they could not get a fense. I don’t believe that’s really what tleman from Virginia. loan to grow their businesses? That’s I would like to take a quick second they want. what this fundamental change to Why, then, would they vote for this to add that in 1969, the Democratic America’s Constitution would do to the amendment? Well, there is no real risk Congress had a Republican President to entire country. Can you imagine open- in establishing a constitutional re- help them do it. ing up the Constitution to make it im- quirement that can’t be enforced. It I rise in support of a constitutional possible for people to invest in their fu- would likely never, ever produce a bal- balanced budget amendment. In this ture? anced budget. In fact, it would make debate, we have heard that Social Se- In addition, millions of families balance harder to achieve. It does abso- curity, Medicare, and Medicaid will be across America are taking in less in- lutely nothing to create jobs or doomed by a balanced budget amend- come than they need to survive be- strengthen the economy, and it would ment. But if we do nothing, those enti- cause of failed Republican economic put Social Security, Medicare, and tlement programs will continue to be policies that drove our economy into Medicaid in real jeopardy. But in the doomed by today’s fiscal implosion. We the ditch. Why would you now want to short term, proponents are counting on have heard that tax hikes will some- balance the budget on the backs of a political payoff. They will be bran- how manage to balance the budget all these people—seniors, the poor, our dishing their ‘‘aye’’ vote as proof that by themselves. But we’ve heard this children, the most vulnerable? Now they’re the most fiscally responsible talk before, and after all the tax hikes that people need a helping hand, Re- folks in the land. In fact, these emper- of the past, today we face a fiscal im- publicans want to tie the hands of gov- ors have no clothes. plosion. ernment and restrict our budget so Many of my colleagues seem to have We have heard that there was a brief that exactly when Americans need forgotten this, but we balanced the glowing era when a Democratic Presi- more, you want to hurt them more. budget once before, not so long ago. It dent and a Republican Congress man- b 1820 started with the bipartisan vote in 1990 aged to balance the budget. That is the and the subsequent vote by Democrats exception that proves the necessity of This is really a moral disgrace. Let’s alone in 1993. Our country not only had a balanced budget amendment because, stop wasting time on ridiculous efforts a balanced budget, we ran 4 years with again, today we are fiscally imploding. to amend our Constitution when mil- surpluses. And we did it without a bal- We have heard the differences be- lions of Americans need jobs now. Let’s anced budget amendment. In fact, if tween how families borrow and how the stop wasting time keeping campaign the amendment we’re considering to- government borrows, and these are ab- promises to Republican Tea Party sup- night had been in place then, these solutely accurate. When a family bor- porters and pass real legislation that critical agreements would have failed! rows money, it is personally liable for will create jobs like the American Jobs The other lesson of the 1990s is that that debt. It must prioritize its fi- Act. Let’s stop wasting time when the best cure for budget deficits is a nances and pay it back with its own nearly 50 million Americans—mind healthy economy. Here, too, the so- money. But today we are fiscally im- you, 50 million—in the richest and called balanced budget amendment ploding because Big Government is not most powerful country in the world are would actually make things worse, personally liable for that debt. It does living in poverty. tying our hands during periods of eco- not prioritize, and it can’t even pay it The SPEAKER pro tempore. The nomic downturn or high unemploy- back with other people’s money. time of the gentlewoman has expired. ment, locking in recessions and mak- What is the solution? I believe that Mr. CONYERS. I yield the gentlelady ing them deeper. Big Government is addicted to spend- an additional 30 seconds. Mr. Speaker, in earlier years, we had ing, so we must turn it over to a higher Ms. LEE of California. Thank you some true fiscal conservatives in this power called the United States Con- very much for the 30 seconds, and I just

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.099 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7796 CONGRESSIONAL RECORD — HOUSE November 17, 2011 want to remind us all that 50 million Mr. Speaker, we know that our budget only because federally borrowed Americans are living in poverty in the Founding Fathers set up a process by stimulus money provided $6 billion to wealthiest and most powerful country which to amend the Constitution, and Arizona; $1,000 for every man, woman, in the world. And millions of job seek- no less of a Founding Father than and child in that State. And that ers are about to lose their unemploy- Thomas Jefferson said: ‘‘I wish it were wasn’t enough. Arizona had to sell ment benefits. possible to obtain a single amendment their State capitol and supreme court We do not need to radically alter our to our Constitution. I would be willing building. That’s right, sold their State Nation’s founding document to do what to depend on that alone for the reduc- capitol and supreme court building and is right. We just have to take a bal- tion of the administration of our gov- leased it back in order to achieve about anced approach to reducing our deficits ernment; I mean an additional article a billion dollars worth of cash needed and balancing our budgets, and you do taking from the Federal Government that year. this by creating jobs. the power of borrowing.’’ So we should be looking at the provi- So let the unwise Bush tax cuts ex- Forty-nine of 50 States have some sions of the legislation, not just talk- pire, end the wars, cut the bloated and form of balanced budget requirement. ing about how nice it is to balance the wasteful Pentagon spending, and pro- Every family in America has to bal- budget. tect the social safety net that protects ance their budget. Every small busi- One of the provisions is a three-fifths millions of Americans. ness. Should we expect anything less vote to increase the debt ceiling. Last Mr. GOODLATTE. Mr. Speaker, it is from a great nation? August, the United States lost its AAA my distinct pleasure to yield 4 minutes Sixteen years ago was the last oppor- credit rating because it looked like we to the gentleman from Texas (Mr. HEN- tunity we had in the United States were not going to be able to achieve a SARLING), the chairman of the House Congress to vote on a balanced budget. simple majority. We should explain Republican Conference. We came within one vote, one vote in how it makes a lot of sense to make Mr. HENSARLING. I thank the gen- the United States Senate. Imagine that spectacle an annual affair. I think tleman for yielding, and I thank him where we would be today had that one most people would think it would be for his leadership on the balanced vote made the difference and we had fiscally irresponsible to enact that pro- budget amendment. this amendment. It’s sad. vision. Mr. Speaker, since the President was I can tell you, Republicans and Another provision is a three-fifths elected, our Nation has now seen its Democrats can’t seem to agree on vote to pass a budget that’s not bal- first trillion-dollar deficit, its second spending. We can’t seem to agree on anced in a given year. That would trillion-dollar deficit, and its third tril- taxes. But as Americans, can’t we at cover every budget we considered this lion-dollar deficit. The President and least agree it’s past time, past time to year, including the strongest deficit re- the previous Congress have been on a stop mortgaging our children’s future duction plan, because those budgets are spending spree the likes of which this and bankrupting the greatest Nation in not balanced in the first year. Nation has never seen before. And yes- the history of the world? Now, strong deficit reduction is po- terday, Americans were greeted with There is a real crisis, and to para- litically difficult because we’re talking the news that our national debt has phrase Winston Churchill: Haven’t we about arithmetic. You have to raise now topped $15 trillion—$128,000 for now exhausted every other possibility? taxes and/or cut spending. Now, you every household. We are borrowing al- Isn’t it finally time to do the right can’t get a simple majority; we can’t most 40 cents on the dollar, much of it thing? even get a simple majority to do that, from the Chinese, and sending the bill Amend the Constitution, save the so why would anyone think that this to our children and grandchildren. In country, balance the budget. legislation requiring a three-fifths vote short, there is a debt crisis. The debt is Mr. CONYERS. Mr. Speaker, I yield would make it any easier. In fact, that not just unsustainable, it is immoral. myself 5 seconds. same three-fifths vote will be sufficient And the American people know that I hope that those words will help us to pass new tax cuts and additional it’s because Washington spends too in the supercommittee that the gen- spending, making the deficit worse. much, not because they are tleman from Mississippi is working on Last December we passed an $800 bil- undertaxed. The problem is on the night and day. lion tax cut. We got three-fifths for spending side. Now, taxes are tempo- I now yield 5 minutes to the distin- that. But instead of discussing just the rarily down due to the economy, but guished gentleman from Virginia, title of the resolution, we should be no- they’re going to come back. It is spend- BOBBY SCOTT, the former subcommittee ticing that if this legislation were in ing that is exploding from 20 percent of chair of the Crime Subcommittee and a effect in 1993, we never would have our economy to 40 percent over the former member of the Budget Com- passed that budget. course of the next generation. If that’s mittee. We’ve heard people on the other side solved on the taxing side, we’d be the Mr. SCOTT of Virginia. Mr. Speaker, of the aisle taking credit for the hard most highly taxed industrialized na- the supporters of this legislation have work. I came in in 1993, and we passed tion in the world. spoken at length about how nice it a tough budget. There were tough Now, the crisis should be solved on would be to balance the budget and votes. Fifty Democrats lost their seats the spending side of the equation. I how dangerous deficits are. The speech- as a direct result of those votes. The wish we were debating a spending limit es, there are great speeches about the deficit was $290 billion at that time. In amendment to the Constitution. We’re budget, but the one thing they have 1995 when the Republicans came in, not. We had no takers. I know of no not talked about is how the provisions they passed their little budgets; and takers on the other side of the aisle. So of this legislation will actually help rather than sign those budgets, Presi- we’re debating what is known as the balance the budget. dent Clinton let the government get classic balanced budget, the jump ball Now, we had a hearing earlier this shut down rather than sign those budg- balanced budget, the clean balanced month where the former Governor of ets. If they want to take credit, they budget; equal opportunities for spend- Pennsylvania talked about the Penn- can take credit for President Clinton ing restraint and tax increases. Now, sylvania balanced budget amendment vetoing their budgets and shutting it’s not my preferred policy; yet so and how their constitutional provision down the government. many Democrats, Mr. Speaker, will was such a good thing; but he had to come to the floor and say we need a acknowledge that other than the title, b 1830 balanced approach. But the question is: there is nothing in H.J. Res. 2 that can In 1997, the deficit had gone from 290 How many believe we need a balanced be found in the Pennsylvania Constitu- down to less than 25 billion, and there budget? tion. were no tough votes on that. The budg- Now, we all agree that amending the We also found that the gentleman et was on the way to balancing itself if Constitution is something that should from Arizona had to acknowledge, after we hadn’t done anything, and so we be taken with great reverence, with he talked about how good the balanced find out what would have happened if great deliberation. It is a sacred re- budget amendment works in Arizona, President Clinton hadn’t capitulated in sponsibility. that Arizona was able to balance its 1995.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.102 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7797 In 2001, when the Republicans came Mrs. BLACKBURN. Mr. Speaker, I storm: a new congressional battle. Un- in with a Republican President and a would encourage my colleagues in this less additional disaster aid is appro- Republican Congress, we saw what hap- body to consider the balanced budget priated, Federal officials said commu- pened. They passed two tax cuts, amendment and to support it. nities trying to rebuild from natural fought two wars without paying for I do rise in support of this amend- disasters this year in the Midwest and them, prescription drugs without pay- ment because hardworking taxpayers South will have to wait while funds are ing for them; and rather than, in 2001, know that out-of-control spending in diverted to help victims of Hurricane when Chairman Greenspan had to an- Washington is killing job creation and Irene. The recent string of disasters, swer questions like, What will happen economic growth. In less than 3 years, including a tornado that tore through when we pay off the national debt? Are President Obama and his administra- Joplin, Missouri, and a flood that inun- we paying off the national debt too tion have added $4.3 trillion to our na- dated Minot, North Dakota, is running quickly?, it looked like we were on tar- tional debt, which is now over $15 tril- into the same political buzz saw that get by 2008 to pay off the entire debt lion. Astounding. That is $47,900 for nearly forced the government into de- held by the public. Those were the dis- every American. Is it really fair for our fault over the bitter fight over the debt cussions. children and grandchildren to have to ceiling this summer.’’ The first tax cut was the last time shoulder that kind of debt for programs Delays in emergency aid are uncon- you heard any of that discussion. And they don’t want and having to pay for scionable, and it is terrible for FEMA as a result of the two tax cuts, two un- it with money they don’t have? Is that to have to choose between which Amer- paid-for wars and an unpaid-for pre- really fair? ican cities and towns can be helped and scription drug benefit, we ended up in The Obama economy is stifling the which ones can’t. And the problem huge deficits. The fact is the 1993 budg- ability of small businesses and hard- with this version of the balanced budg- et never would have passed if we had working taxpayers to achieve their et amendment is that it could cause required a three-fifths vote. goals and dreams. It is time to rein in impacted communities to live that Now we should be focused on the ac- wasteful Washington spending. It is nightmare again. It didn’t happen after tual effects of the resolution. There’s time to stop the madness. Hurricane Katrina or 9/11 or other dis- another provision, and that’s the provi- We need a permanent solution to the asters, but after the antics of this Re- sion involving war. fiscal problems that are plaguing this publican Congress this past fall, I am The SPEAKER pro tempore (Mr. economy, and the clear and common- very concerned that this version of the YODER). The time of the gentleman has sense solution is to pass this balanced balanced budget amendment would expired. budget amendment. It’s not a new idea. allow another irresponsible Congress to Mr. CONYERS. I yield the gentleman Every year in my State of Tennessee, block emergency assistance to local 1 additional minute. our State, cities and counties across communities. Mr. SCOTT of Virginia. All of the our State all balance their budget, and We should not set our country up to provisions of this budget can be set 49 other States do. Passing a constitu- be at the mercy of Tea Party aside when a declared war is in effect tional mandate would require Congress hardliners, not at the times when our or when the United States is engaged to balance the budget every year and neighbors and communities need us in a military conflict which causes an legally obligate this body to spend only most. imminent and serious military threat what it takes in. I relayed my concerns to the House to national security. That provision We can no longer kick the can down sponsor after he was kind enough to ought to scare every two-bit dictator the road. We can’t wait to replace call me directly, and I appreciate that around the world because if we’re hav- Washington’s blank check with the opportunity. Unfortunately, the Re- ing trouble getting the three-fifths, all checks and balances necessary to pro- publicans did not allow any amend- we’ve got to do is drop a bomb on vide true fiscal responsibility. Passing ments or revisions, so I intend to file them, and we can pass a budget with a the balanced budget amendment is an my own version of a balanced budget simple majority. effective component of accountability amendment, a version that seeks to But we ought to be focused on the and spending control. Washington man- avoid an irresponsible Congress from provisions of the bill. How would the dates too much, spends too much, withholding disaster assistance. three-fifths vote, when we can’t even takes too much, and takes our free- Because this version of the balanced achieve a simple majority, help bal- dom. budget amendment is flawed, I urge its ance the budget? It should be obvious Mr. CONYERS. I am pleased to yield defeat. that rather than just talking about 3 minutes to the gentlelady from Flor- Mr. GOODLATTE. Mr. Speaker, it is how nice it would be to balance the ida, Ms. KATHY CASTOR. my pleasure to yield 2 minutes to the budget, how do these provisions actu- Ms. CASTOR of Florida. I thank the gentleman from Pennsylvania (Mr. ally make that easier? I think the fact gentleman for the time. ALTMIRE), a member of the Transpor- of the matter is if we adopt this resolu- I support a balanced budget, and I tation and Infrastructure Committee. tion, it will be harder, if not impos- support a balanced budget amendment; Mr. ALTMIRE. Mr. Speaker, I rise in sible, to ever balance the budget, and but this version would place a very strong support of the balanced budget that’s why this resolution ought to be dangerous straitjacket on our coun- amendment. Forty-nine of the 50 defeated. try’s ability to address a disaster. I’m States are required to balance their Mr. GOODLATTE. Mr. Speaker, I very proud to represent the State of budgets. And while I’m certain that yield myself 30 seconds to complete the Florida. But after a year of devastating State legislatures will agree that it’s record. tornadoes, floods and fires all across always a difficult process, somehow As I said in my remarks earlier, this country, you do not have to hail they annually meet their obligations Presidents of both parties and Con- from the State of Florida to under- while achieving balance. The Federal gresses of both parties have much to stand the impact of a natural disaster Government should be able to do it, explain in terms of the lack of the bal- and the importance of our ability to too. anced budgets over the last 50 years. speed assistance to local communities. But States aren’t the only place Con- Only six times in 50 years have they This amendment would erect road- gress can look to for examples. Every been balanced. But here is the record: blocks to our country’s ability to ad- family and every business in America of the 13 of those 50 years that Repub- dress natural disasters and emer- has to balance expenses and income. licans controlled the Congress, they gencies. Please recall how many of our They have every right to expect the only balanced the budget four times. Of GOP colleagues a few months ago Federal Government to do the same; the 37 years that Democrats controlled sought to stall emergency aid. I will but, unfortunately, Congress has let the Congress, during that time, they read from a press report from back in them down time and again. only balanced the budget twice. August: ‘‘Americans who saw their Mr. Speaker, the time has come to It is now my pleasure to yield 2 min- homes flooded, streets ripped apart and fix the problem. Constitutional amend- utes to the gentlewoman from Ten- businesses disrupted by last weekend’s ments to require a balanced budget nessee (Mrs. BLACKBURN). hurricane are about to face another have been introduced in Congress for

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.104 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7798 CONGRESSIONAL RECORD — HOUSE November 17, 2011 the past 75 years. Most recently, in mittee General Farm Commodities stitution reflects these principles by requir- 1995, the House passed a balanced budg- Subcommittee. ing the state legislature to pass a balanced et virtually identical to the one we’re (Mr. CONAWAY asked and was given budget each session. This valuable tool al- debating today, and it passed this permission to revise and extend his re- lows us to keep the size of our state govern- ment in check and our economy stable and House with bipartisan support, 72 marks.) job friendly! Democrats and 228 Republicans. And Mr. CONAWAY. Mr. Speaker, it’s al- I am grateful that through your leadership because that amendment failed by one ready been said tonight that 15 years and the leadership of our party, Congress vote in the Senate, our national debt ago we came within a chigger’s whisker now has the opportunity to debate and vote has now surpassed $15 trillion. The sit- of passing a balanced budget amend- on a proposed constitutional amendment re- uation has only gotten worse, and the ment and sending it to the States. quiring a balanced federal budget like we stakes today are much higher than Imagine how different today’s con- have here in Texas. You and I have the high honor of rep- 1995. versations would be had the folks in charge then done that. We’d still be resenting the hard working men and women b 1840 of this great state in our respective gov- fussing and fighting about what ought erning bodies, and I submit to you the names This vote is an opportunity to prove to be done, but the argument would be, of close to a thousand concerned citizens to the American people that this Con- how do we solve today’s problems using urging you to vote in favor of this constitu- gress can work together and that we today’s resources? Instead, we’ve tional amendment. are finally committed to balancing our stacked up another $9 trillion of future This is a critical moment for our nation’s budget and putting our country back generations of Americans’ resources in future economic health and stability, and I on fiscally solid ground. our quest to solve these problems. encourage you join us and stand together as Mr. CONYERS. I reserve the balance Well, think about what 2026 will look Texans to demand that Washington follow our lead! of my time. like, 15 years from now. The folks in Mr. GOODLATTE. Mr. Speaker, it is Please vote in favor of the constitutional charge then will be able to take out the amendment requiring a balanced federal my pleasure to yield 2 minutes to the projections that we have in place today budget! gentleman from Indiana (Mr. BUCSHON), and compare those to what is actually I sincerely appreciate your consideration a member of the Education and Work- going on then—if we pass this balanced on this matter. We value your leadership, force Committee. budget amendment—and say, wow, and I look forward to the opportunity to con- Mr. BUCSHON. Mr. Speaker, I rise look how much better off this country tinue working with you on the important today in support of the balanced budg- is. They’ll still be fussing and fighting, issues facing our state and nation. et amendment to the Constitution. God Bless America and the Great State of but it will be using their resources to Texas! This is an opportunity for the Federal fix their problems instead of the model STATE REPRESENTATIVE JIM KEFFER, Government to keep our checkbook that we’ve put in place collectively, on District 60. balanced, just as every American is ex- both sides of the aisle. There’s plenty FEDERAL BALANCED BUDGET pected to do. of blame to go around. AMENDMENT PETITION The House passed a very similar The decisions that will have to be It’s time for Washington to follow our lead amendment in 1995 when our debt was made to balance our budget are no dif- and pass a balanced budget amendment. $4.86 trillion. Seventy Democrats voted ferent with or without the balanced Sign the petition TODAY! for the amendment, including 11 of my budget amendment. They are hard. James Abbott, Floyd Abbott, Robert current colleagues. I urge my friends They are difficult. And I’ve got $15 tril- Abresch, Timothy Ackerman, Peggy Adams, on the other side of the aisle to vote lion worth of evidence that we’re not Marza Adams, Cecil L. Adams, Ron Agnew, for this amendment now that our debt making those tough decisions without Francisco Aguilar, Alan Ahlberg, Ronnie Ainsworth, Sharron Albertson, Hale Alder- has tripled to over $15 trillion. the balanced budget amendment. Tech- The President recently said in re- man, Earl Alexander, Dennis Allen, Douglas nically, we could get it done, but we’re Allen, Ann Allen, Jack R. Allen, Robert gards to balancing the budget, ‘‘We not getting it done—and we are on ab- Allen, Brandon Ammons, Linda Amos, Jadell don’t need a constitutional amendment solutely no path to get that done. Anderson, Zanna Anderson, Rose Anderson, to do that. We don’t need a constitu- I received today a petition from Jim Belinda Angerer, Steve Angerer, Ky Ash, tional amendment to do our jobs. The Keffer, a State representative from Ryan Ash. Constitution already tells us to do our Texas, signed by 969 other good Texans, Juana Ash, Bill Ash, Paul Athas, Evan jobs—and to make sure the government urging me to support this balanced Autry, Brett Autry, Charles Aycock, Royce is living within its means and making Anne Baethge, Caroline Baggett, Judith budget amendment. Bailes, Joy Bailey, Charles Bailey Jr., Mar- responsible choices.’’ Mr. President, I Mr. Speaker, I would encourage all of tha Baird, Ron Baker, Martha Baker, Sally respectfully disagree. Washington, my colleagues to think about the fu- Baker, Sally Baker, William Baker, Sharon D.C., has not been able to make these ture of this country, how much better Baker, Walt Baldwin, Juania Ball, Mary choices and is not living within its off will this country be with a balanced Barboza, Andrew Barg, Fawn Barrington, means. I was elected by the people of budget amendment. This is the only Christopher Barrington, Manuel Barrios, Indiana’s Eighth Congressional Dis- thing that we are contemplating doing David Barton, Teresa Baty. trict to help us make that happen. over the next 15 years that has a re- John Baumann, Bob Baumgartner, Robert I’d also like to say that some of Mr. Beadel, Regina Becerra, Carrie Bellamy, mote chance of fundamentally chang- Linda Bellomy, Willard Bennett, Jo Bennett, HOYER’s comments help us today to ing for the better the future that my Lewis Bergman, Tom Bernson, Paul Bern- outline exactly why Washington, D.C., seven grandchildren face. It is a bleak stein, Steve Berry, Joni Berry, Bob Berry, needs a balanced budget amendment. I future they face today. We can fun- Mark Bielamowicz, Robert Bielamowicz, Ste- thank him for pointing those reasons damentally change that future for the ven Bilbo, William Binyon, LaVonda Black, out. This is not a partisan issue, Mr. spending efforts of this country with a Ealy Black, Joel Black, Jonathan Black, Speaker, it’s an American issue. balanced budget amendment that will Diron Blackburn, Bill Blanchard, C.T. I support this amendment, and I urge force us to do the things that every- Blomstrom, Daina Blount, Fred Bogar, Chris Boggs. my colleagues today to vote ‘‘yes’’ on a body else does. balanced budget amendment. Melissa Bohannon, A.H. Booth, Theodore I urge all of my colleagues on both Bordelon, Roger Borgelt, James Boswell, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE sides of the aisle to support this bal- David Boucher, Kathy Bower, Donald Bowne, The SPEAKER pro tempore. Mem- anced budget amendment. Boyce Erwin Boyce, Linda Bradford, Randa bers are reminded to not traffic the HOUSE OF REPRESENTATIVES, Bradley, Don R Bradshaw, David Branch, well while other Members are under DISTRICT 60, Cara Branch, Dianne Brandt, david braun, recognition. Austin, Texas, November 16, 2011. Sherry Breedlove, Mary Breitung, Glenn Mr. CONYERS. I continue to reserve DEAR CONGRESSMAN CONAWAY, it’s time for Breitung, Melvin Brewer, Thomas Brewer, the balance of my time. us to stand together and teach Washington Charlene Brewster, Jim Bright, Janet the first lesson in Texas economics: Don’t Bright, Noel Brinkerhoff, Sherry Britton, Mr. GOODLATTE. Mr. Speaker, it is spend more than you make! Jerry Britton, Judy Britton, Eve Brock, my pleasure to yield 3 minutes to the We Texans know the importance of fiscal Starling Brock Sr., Kevin Brockus, Dale gentleman from Texas (Mr. CONAWAY), responsibility and how to live within our Brooks, Roberta Broussard, Roy Broussard, the chairman of the Agriculture Com- means, and I’m proud that our state con- Linda Brown, Gina Brown, Stan E Brudney,

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.105 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7799 Alana D Brudney, Kimberly Bruton, Jeanene Hahn Hahnm, Robbie Hamby, Todd Ham- Rick Miller, Douglas Miller, Dutch Mills, Bryan, Freddie Buchanan, Lesli Buchanan, ilton, Rick Hamm. Michael Moehler, Ed Moers, Patty Moncus, Terry Buchanan, Greg Buenger, Robert Virginia Hammock, Sam Hampton, Ross Montgomery, Cameron Moore, Frances Bullis, Aletha Burgess, Gerald Burgess. Michelle Hanks, Janet Hanna, Michael Han- Moore, James Moore, Jan Moreland, Michael Melissa Burgin, Travis Burke, Paul Burns, sard, Eli Harden, Amber Hardin, Norval Morgan, Michael Morris, Debbie Morris, Har- Susan Burns, David Butler, Wilma Butler, Hardy, Harry Hardy, Tyler Hargrave, John J old Morris, John Morris, Mary M. Morris, Angie Button, Carl Byers, Matt Byrd, Larry Hargreaves,LuEtta Hargreaves, Nicki Harle, Duane Morrison, Karolyn Morrow, John Mor- Byrd, Carol Cahill, Billy Campsey, Mike Terry Harman, William K Harner Jr. Terri ton, Pauline Mountain, Rex Moxley, Law- Canaday, Bob Cantwell, Dorothy Caram, Harris, Curtis Harris, Steve Harris, Marilyn rence Mulholland, Brent Mullin, Tom Mun- Harold Carnathan, Bryan W Carpenter, Harrison, Karen Hartsfield, James Hasik, son, Marilyn Murray, Cynthia Myers, Thom- David Carroll, Brenda Carroll, Jane Carter, Quinton Hayden, Stephen Haynes, Don Hays, as Myers, Myra Myers, Wanda Nall, Vernetta Watt Casey, Dosia Casey, Watt Casey Jr., Leonard Heathington, Kris Heckmann, Kate Nance, B. A. Narramore, Stuart Neal, Patri- James Cashion, Greggory Cassady, Maggie Heim, Janice Heiskell, Nell Helfenbein, cia Neel, Rexford Neely, Elizabeth Nelson, Catherall, Deborah Catsonis, Ruth Cezar, Sharlene Hetzel, Bob Hieronymus, Amber Rick Nelson, Garrett Newman, Sally Nich- Floyd Chambers, Ira Chambers, Rhonda Higgins, Michael Higgins, Carl Hill, Ann Hill, olas, Jennifer Nicholas, Sue Nicholls, Teri Chancellor, Jesse Chaney, Barney Chapman, Waytelle Hill, Deborah Hines, Harry Hingst, Nine, Tom Noble, Jim Nobles, Malaisae C Dan Chenoweth, Karey Chilson, Sandy Amy Hingst, Jonna Hitt, Jim Hix, Heath Norfleet, Keats Norfleet. Chisholm, Curt Christensen, Willie Chris- Hodges, John Hoffman, C. Suzann Hoffman, Michael Norris, Robert Norris, Lynn Nor- tian, Brian Christopher, Danny Clack, Jack Tom Hollaway, Johnny Holcombe, Ralph ris, Jack Noteware, Kirk Novak, Marilyn L. Clack, Vera Clack, Eugene Clark, James Hollingshead. Nowell, Wanda O’Leary, Ruby O’Neill, Wyatt Clark, David Clemens. Randy Holson, Carol Holt, Bob Hopkins, Oakley, Glen Oberg, Lisa OBrien, Darlya Kenny Clement, Calvin Click, Sandra Zeda Hopkins, William Horick, Carolyn Oehler, Claudia Offill, Linda Ogden, William Clinard, Pat Cloud, Carole Cockerham, Dar- Houston, Terry Howard, Jane D. Howell, Old, Gloria Olney, Lynard Olson, Stephanie rell Cockerham, Lisa Cody, Bill Cody, Joe Irene Howell, Glenna Huber, Virginia Huff, Ooten, Michael Openshaw, Kerry Orr, Wil- Coffey, Betty Cole, Q. Coleman, Glenda Col- Carl Huff, Neal Huffman, Janelle Huffman, liam Panek, Bob Pannell, Julia Pannell, Phil lins, Tom Conley, Janis Connally, Dan Bob Huffman, Ellen Hughes, Alice Hull, Tom Papick, Stephen Parker, Robert Parmelee, Connally, R. Kelton Conner, Michael Cook, Huskey, Bill Hutson, Joe Hyde, Chuck Charlotte Parrack, Jack Parrott, Tommy Mary Cook, Carol Cook, Suze Cook, Jim Iannaci, Thomas Imre, Jack Jackson, Robert Parson, Jerita Parson, James Parsons, Drew Cooley, Robert Cordova, Donald Corley, Jacobs, Treena Jacques, Rodney Jaemsq, Parsons, Tony Pate, Dennis Patience, Penny Edith Corley, Tim Coulter, James Cowan, Tammy James, Christopher C Jamison, Joe Patterson, Alan Paul, Nancy Paul, Susan Jerold Coward, Chris Cox, Chris Cox, Shari Jessing, Butler Jim, Norwood Johnny, Payne, Stephen Pazak, Al Peabody, Tom Craig, Marsha Cranford, Jerry Criswell, Sheron Johnson, Herma Jean Johnson, Judy Peabody, Julio Pedrogo, Danny Pe1ton, Sharon Crittenden, Leon Crockett, Geri Johnson, Keith Johnson, Kim M. Johnson, Krystal Pence, Jane Penny, Rick Penny. Cronenworth, Ronald Crossman, Jesse Martin Johnson, Christine Johnson, Russell Sheilah Pepper, Suzanne Perry-Coomes, Crowell, Carrie Cuoghi, Sherrie Curry, Sher- Johnston, Dean Johnston, Lori Jolly, Shir- Jimmie Perryman, Kevin Peterson, Thomas ry Curtis, Dolores Dailey, Barbara Daniel, ley Jones, Judi Jones, Lew Jones, Delnita Petross, Lisa Philbrook, Deborah Phillips, Richard S Davenport, Thomas Davies, Jones, Charles Jones, Travis Jones, Marilyn Michael Phillips, Charles Phillips, Joan Phil- Sherrill Davis, J. Davis. Jones, Thomas Jones, Bettye Jordan, Roger lips, Bob Phillips, Deborah Piacente, Steven Betty Davis, Russell Davis, Lana Davis, Jordan, Webb Jordan, Louis Jupe, David Pierce, Burris Pigg, Robert Pigg, Chad Ronald Davis, Elizabeth Davis, Willie Davis, Kaltenbach, Ronald Karcher, John Kauf- Pigott, D. Pinion, Kent Pippin, Kent Pippin, Jim Dawson, Amy Day, Harry Deal, Karen mann, Terri Kaufmann, Marvin Kays, Bill Jack Pirkey, Roy L Poage, Monti Pogue, Pa- Deatherage, Theodore Dickinson, Elaine Keffer. tricia Pokladnik, Lisa Polasek, Coyote Dippel, Robert Dixon, Mary Donalson, Don- Scott Keffer, Leslie Keffer, Ashley Keffer, Shadow Pons, William Potter, James Potter, ald Dorenbach, Richard Dormier, Cynthia Charles Keller, Wesley Keller, Brice Kelley, Alyda Luann Pratt, William Prazak, Anita Dormier, John Dowling, Frank Drake, Wade B.R. Kelso, Margaret Kerby, Shirley Keyes, Prescott, Glenda Price, Willie Price, Gaylene Driskill, Margaret Dunham, C. Briscoe Dunn, John Keyes, Don Kincaid, Nita King, Dale Price, Allan Price, Gwynn Prideaux, Thomas Trevor Dupuy, Diane Durbin, Adam Dwire, King, Bill King, Kimberly King, Wanda King, Pritchard, Jennifer Pruett, Janie Pryor, Jus- Louis Dyess, Amy Dykes, Rick Dykes, Her- Tracy Kirsch, Daniel Kirsch, Clent Kniffen, tin Pugh, Chris Pumphrey, Dick Pumphrey, bert Earnest, Natalie Earnest, Janet Doodie T Knox, Jack L Knox, Sally Koch, James Quintero, Beverly Rackler, Wallace Ebersole, Eleanor Edmondson, Mona Rebekah Kodrin, Louis Kodrin, Lisa Koiner, Rackler, Kate Raetz, Robert C. Ramirez. Edwards, Joseph Edwards, Angela Edwards, Doris Konduros, Robert Kostelnik, Leona Francine Raper, Gary Raper, Lonni Jerry Edwards, Pat Edwards, Cha Ruth Kowis, Sandra Kozak. Raschke, Nancy Ray, Melvin Reams, Jim Edwardson, Joy Ellinger, Tom Elliott, Mark Richard Krantz, Judy Krause, Russel Reaves, Mary Reid, Lauren Reiter, Kennon Elliott, Nancy Emmert, Katy Encalade, Krueger, Elsie Kwok, Dusan Lajda, Dennis Reynolds, Lorrie Rice, Scott Rich, Nita Bryan Eppstein, Troy Evans, Bettie Evans. Land, Jim Lange, Terry Largent, Ron Latta, Richardson, James Richey, Wanda Brenda Evans, Gary Evans, Kirt Fadely, Jim Lattimore, Bernice Launius, John Rickaway, Cynthia Ridgeway, Pam Shirley Faetcha, Al Faetcha, Larry Fann, Laurance, George Lavender, George Lav- Ridlehuber, JackPatty Riley, Jon Rimbey, Frank Farmer, Terry Farquhar, Robert ender, Jim Law, Jim Law, Catherine Juan Riojas, Mark Risley, Mike Rivard, Favor, Annabeth Favor, Linda Ferguson, Lawson, Ron Lazaro, Donna Leech, Joyce James Roach, Laura Roberts, Joann Robin- Clint Ferguson, Jr., Dale Fessenden, Judy Leidig, Joyce Leidig, Roy Lenoch, Denise son, Charles Rodenburg, Doug Roeber, Henry Finch, Linda Finkle, James Finley, Jimmy Leopard, Thomas LePage, William G. Lewis, Roeber, Dorris Roeber, Gerald Roehrig, Jan- Fisher, Rosemary FitzGerald, Judy Tryon Lewis, Carl Lindberg, Mary Little, ice Rogers, Joshua Rogers, Arnold Romberg, Flanagin, Cheryl Flatt, Pat Flatt, Lowell Lavada Lockhart, Steve Long Jr., Jorge Suzy Romberg, Douglas Rood, Grant Ross, Fletcher, Grace Fletcher, David Fletcher, Lopez, David Lopez, Alice Lott, Pat Lovell, Barbara Rozell, Lisa Rubey, Michael Rudnik, Sarah Floerke, Naomi Flores, Christopher James Lovell, Larry Lowrance, Daniel Michael Russell, Michael Rutherford, Loyd Flores, Shirley Ford, Shiela Foreman, Allen Luckett, Jerry Luster, Franklin Luttrell, Rutledge, John Ryan, Joseph Sadowski, Foreman, Steve Fortner, Stephen Foster, Virginia Lymbery, Robert Lynch, Chris Wayne Sanderson, Frederick Saporsky III, Susan Fountain, Justin Fowler, Pat Foy, Lyon, Nat Lyons, Walter MacArthur, Hart- Thomas D Saunders. Barbara Francisco, Mark Francisco, M Dawn ley Mackintosh, Kerry Magee. Kathy I Saunders, Thomas D. Saunders, Frederick, Steven Freeman, Kathie Free- Sandra Magers, Larry Mahand, Wallace Barbara Schatz, Dan Scheffel, Cathy man, Rodger Frego, Judy French, Jere Maness, Wallace Maness, Ginger Mangum, Scheffel, Cody Schilling, Thomas Schneider, French, Shai Frietze, Claud Fry, Lorine Sarita Maradani, Kirk Marchell, Mike Jim Schroeder, Charles Schwertner, Gordon Fuessel. Margerum, Ronald Marks, Greg Martin, Carl Scott, Dennis Scullion, L. Seale, Susan Linda Fulks, James Fullen, Donald Fuller, May, Mitzi Mays, Kay McAfee, James Seider, Leonard Seitz, Chuck Senter, Dennis Billy Gaddis, Judy Gaddis, Blake Gaines, McBroom, Barbara McBroom, Susanne Sessions, Vicky Sexton, Carter Sharpe, Tay- Garry Galpin, Leonardo Garcia, Gaye Gar- McCaa, Mark McCaig, Kimberly McCleve, lor Sharpe, Ann Shaver, David Shaw, J. ner, Crystal Gause, Joe Geer, Lee Gibson, Robert McClure, Barbara McCollum, Gary Shaw, David Shaw, Karen Shaw, James DeAnna Giesick, Lawrence Gill, Robert Gil- McConnell, Doris McConnell, Stan McCor- Shelton, Doris Shields, Doris Shields, Lucy lespie, Joy Gillespie, Richard Girouard, Jo mick, Ron McCormick, Gay McCormick, Roy Shipman, James Shipman, Jr., Lawler Shir- Ellen Glasgow, Gtrady Glenn, Delaine God- McCoy, Stan McCracken, James ley, Foster Simmons, Franky Simon, Mau- win, Gabriele Goins, Daniel Gonzalez, Victor McCutcheon, Bert McDaniel, Tom McDonald, rice Simpson, Rose Simpson, Judy Singer, Gooch, Peggi Gooch, Peggy Goodson, Elizabeth McGill, Patricia McGuire, Dean Harold R Skelton, Paula Skipworth, Tommy Bernelle Goodwin, Billy Goodwin, Joe Gordy, McIntire, Donald McIver, Denis McKillip, L Sloan, Susan L Sloan, Harold Smith, Dr. Diane Goutchkoff, Hans Graff, Rosemary Alex McLean, William McLeod, Lowell Derek L. Smith, Billy Smith, Colleen Smith, Graves, Joneta Griffin, krista grimes, Steve McManus, Douglas McNeill, Lee McNutt, Charles Smith, Sara Smith, Norman Smith. Grimes, Sue Grisham, Victor Guevara, Pau- MaryAnn Means, Earl Medlin, Sam Lynn Smith, C.L. Smith, Joan Smith, Bar- lette Guion, Vel Gurusamy, Stephen Haas, Mercurcio, Sam Mercurio, Sandra Midkiff, bara Smith, Gary Smith, Codie Smith, Jona- Ken Hackett, Glenn Haefner, OG Hahn, Ruth Barry Miller. than Smythe, Dickie Wayne Snider, George

VerDate Mar 15 2010 06:51 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.054 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7800 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Sobata, Elizabeth Solomon, Brad Somers, more in order to remain competitive in ing evening for the United States Con- Bill Spencer, James Squires, Karen Stack, the world marketplace. gress. How much more prosperous Martha Stalkfleet, Brad Stalkfleet, Ron So the most important question, Mr. would America be today if the Senate Stanfield, Sherri Stanfield, Cherri Stanley, Speaker, is this: How does the BBA had passed this amendment 16 years Bob Stewart, Betty Stewart, Nancy Stewart, Joe Stewart, Robert Stewart, Stephen narrow these economic, social, gender, ago? How much stronger would Amer- Storm, George Strake, Jr., Janice Strunk, generational, and infrastructure gaps? ica be today? Julie Su, Franklin Sullivan, William It won’t. It simply exacerbates them. The Chairman of the Joint Chiefs of Sumerford, Kathy Sumerford, Linda The BBA will permanently establish Staff has said, as has been pointed out Swening, Al Swening, Roy Swift, Jane Swift, the United States as a separate and un- earlier, that America’s greatest stra- Steven Sykes, Jeane Syring, Michael equal society. The BBA will balance tegic threat is our national debt. What Tabinski, Daniel Tague, Sherri Tally, Joline the Federal budget on the backs of the better evidence of that is there than Tate, Herbie Taylor, Joan Terrell, Janis that the people of Europe tonight are Terrell, Amy Terrell, Roy Thackerson. poor, the working class, and the middle Donna Thackerson, Ray Thompson, John class. facing panic selling of European Union Thompson, Mary Ann Thompson, Bill The Center on Budget and Policy Pri- debt. Greece, Italy, and Portugal are Thrailkill, Kay Tibbels, Michael Tibbets, orities and Citizens for Tax Justice say all on the brink. David Tickner, Danny Tollison, Richard that the BBA would damage our econ- We cannot let America continue Tondre, Saundra Tongate, Warren Tongate, omy by making recessions deeper and down this path. We have an obligation Martha Townsend, Amy Traylor, Mark more frequent; heighten the risk of de- to our children and grandchildren to Traylor, Cherly Troxel, JaneIle Truex, Char- fault and jeopardize the full faith and ensure that the Nation’s books are bal- lotte Tucker, David Tucker, Kathleen Tully, credit of the U.S. Government; lead to anced just as every American must do, Betty Turner, Beverly Uhlmer, Steven just as 49 out of 50 States must do, just Vandiver, Elizabeth Vannett, Susan Vela, reductions in needed investments for Camille Vela, Colby Vidrine, Michael Vieira, the future; and favor wealthy Ameri- as every business in America must do. Wilfred Vincent, David Vinyard, Hansel Von cans over middle and low-income This is just fundamental common Quenzer, Pat Wade, Wilda Wahrenbrock, Joy Americans by making it far more dif- sense. No amount of confusion or dis- Waldrep, Milton Waldrep, Aric Waldron, ficult to raise revenues and easier to traction on the part of the opponents Tena Walker, Joseph Walker, Toby Marie cut programs. And it would weaken the can divert the country’s attention from Walker, Letitia Wall, Patsy Wallace, Susan principle of majority rule. the simple, commonsense fact that an Waller, Doug Walters, Patsy Walton, Mary amendment to the Constitution requir- Ward, Dan Ward. Before this Congress affirms a bal- anced budget amendment, we need to ing a balanced budget requires America Regina Watkins, Ken Watson, Dean Wat- to live within its means, to spend no son, Phyllis Weatherston, Stanley Webb, consider our future—not just the fu- Oren Webb, Susan Webb, Priscilla Weisend, ture of America’s debt, but America’s more than is brought in by revenue. Jo Ellen Welborn, Melissa Welch, Erin future. Do we want a future that is b 1850 Werley, Patsy West, Ronnie Westfall, Law- bright with promise; a future with in- rence Whaley, Debbie Wharton, Randy Whar- My hero, Thomas Jefferson, said, and novation; a future with the best his words ring so true today in light of ton, Kenneth White, Lewis White, Jack schools, the brightest students, and the Whitele, Leona Whitele, Don Whitney, Jane the problems we face, that to preserve Whittaker, Lynn Whittington, Matt strongest and healthiest workers? Do our independence as Americans, we Wiederstein, Birt Wilkerson, Birt Wilkerson, we want to continue to lead in the must not let our rulers load us down Jennifer Williams, Larry Williams, Jack Wil- world? My answer is yes. with perpetual debt. We must make our liams, Paul Williams, Jack Wilson, Donna Mr. Speaker, I respectfully urge my choice, America, between economy and Wilson, Peggy M. Wilson, Betty Wilson, colleagues to vote ‘‘no’’ on this irre- liberty and perfusion and servitude. Mark Wilson, Bob Wilson, Gary Wilson, Law- sponsible and shortsighted amendment. I want to thank Congressman GOOD- rence Winkler, Gerri Winkler, Tom Wisdom, Mr. GOODLATTE. Mr. Speaker, I Marie Wolfe, Richard Womack, Candace LATTE for his leadership and persever- yield myself 30 seconds to answer the ance on this vitally important issue. Womack, Martha Wong, Betsy Wood, Blake question, what do the 99 percent want? Woodall, Roy Wooten, John T Wright, Roger And I’m looking forward to the day, in Yates, Gene Yentzen, Judy Yentzen, Joseph Well, CNN asked them in July. The an- 15 to 16 years from today, when this Yeo, Tammy Youngblood, Byron Young- swer was 74 percent favored a balanced amendment passes the Congress, when blood, Carolyn Zapata, Victor Zengerle, Jo- budget amendment; 74 percent of men, it passes the States overwhelmingly, so seph L. Zimmer, Coy Zumwalt. 75 percent of women, 76 percent of that my daughter and her children will Mr. CONYERS. Mr. Speaker, it is white voters, 72 percent of nonwhite inherit an America that’s more pros- now my privilege to yield to JESSE voters, 72 percent of 18- to 34-year-olds, perous and more secure because of BOB JACKSON, Jr., a distinguished Member 74 percent of 35- to 49-year-olds, 75 per- GOODLATTE and JOHN BOEHNER’s leader- from Chicago, Illinois, as much time as cent of 50- to 64-year-olds, 79 percent of ship in bringing this to the floor to- he may consume. 65 and older voters want a balanced night so that we will, as a Nation, con- Mr. JACKSON of Illinois. I thank the budget amendment to the United tinue to live within our means. gentleman for yielding. States Constitution. Mr. CONYERS. I reserve the balance Mr. Speaker, I rise in strong opposi- At this time, it is my pleasure to of my time. tion to H.J. Res. 2, the balanced budget yield 2 minutes to the gentleman from Mr. GOODLATTE. Mr. Speaker, it is amendment. We do need to responsibly Texas (Mr. CULBERSON), a member of my pleasure to yield 2 minutes to the reduce our budget deficits and debt, the Appropriations Committee. gentleman from Pennsylvania (Mr. but the best way to do that is by in- Mr. CULBERSON. Mr. Speaker, I MEEHAN), chairman of the Counterter- vesting, building, and growing our first of all want to thank the Congress- rorism and Intelligence Subcommittee economy, or through balanced eco- man from Virginia. BOB GOODLATTE has of the Homeland Security Committee. nomic growth, not a balanced budget been a relentless and tireless advocate Mr. MEEHAN. Thank you, Mr. Chair- amendment. for balancing the budget of the United man, for yielding. What is the most important question States of America with a constitu- One trillion $1 bills. We’re talking to be raised with respect to the BBA? tional amendment. And we are here to- about trying to make sense of a trillion We have serious gaps in our society night debating it because of his perse- dollars. If they were stacked on top of that need to be narrowed. Economic verance. I want to thank Speaker each other, they would reach nearly gaps between the rich and the poor— BOEHNER. I want to thank the people of 68,000 miles into the sky, about a third ask the 99 percent. Social gaps between America for electing a constitutional of the way from the Earth to the Moon. racial minorities and the majority pop- majority to the House—elections make As of yesterday, our national debt was ulation. Gender gaps—woman earn 76 a huge difference. 15 times that $1 trillion. cents for the dollar of what men earn. We must pass this amendment to the Fifteen years ago the balanced budg- Generational gaps—will Social Secu- Constitution tonight. The Senate must et amendment passed the House with rity be there for the next generation? take a vote on it. And the people of bipartisan support, only to lose by one Infrastructure gaps—upgrades to roads, America should hold every Member of vote in the Senate. Since that time, bridges, ports, levees, water and sewer Congress accountable for their vote be- our Nation’s debt has grown $9.2 tril- systems, high-speed rail, airports and cause this is a defining vote on a defin- lion more.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.059 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7801 Every day families make tough deci- Mr. CONYERS. Mr. Speaker, how raise the debt limit or if you want to sions in order to live within their much time remains on each side, deficit spend, it requires a super- means. But when it comes to our coun- please? majority. But if you want to pass a try’s bank account, both parties in The SPEAKER pro tempore. The gen- budget that is within balance, it Washington simply don’t practice these tleman from Michigan has 861⁄4 minutes doesn’t require a supermajority. It re- responsible habits. remaining. The gentleman from Vir- quires a simple majority, and that’s It is wrong for us to accumulate this ginia has 91 minutes remaining. the way the bill is structured. mounting debt that we know we’re Mr. CONYERS. I continue to reserve Mr. CONYERS. Did the gentleman never going to repay. Instead, we ex- the balance of my time. say yes or no to my question? pect our children and our grand- Mr. GOODLATTE. Mr. Speaker, at Mr. MATHESON. I said no. children to do so. It’s our obligation to this time it is my pleasure to yield 2 Mr. CONYERS. That a supermajority pass on the blessings of liberty, not a minutes to the gentleman from Utah is not required to raise the debt limit crushing debt to our posterity. (Mr. MATHESON). under this bill? A certain way to ensure that is that Mr. MATHESON. I thank the gen- The SPEAKER pro tempore. The Congress and the President will not tleman from Virginia (Mr. GOODLATTE) time of the gentleman has expired. allow the U.S. to be driven further into for introducing the bill, and I thank Mr. CONYERS. I yield myself an ad- debt, and that is to pass an amendment the gentleman from Virginia for the ditional minute, and I yield to my to the Constitution forcing our govern- time. friend. ment to balance the budget each year. You know, I’m part of the Blue Dog Mr. MATHESON. As I said, let’s not Promising to make cuts in Federal Coalition, a group of conservative do apples and oranges here. Let’s do ap- spending is one thing, but an amend- Democrats, and for 16 years the Blue ples and apples. If this Congress wants ment to the Constitution demanding it Dogs have been advocating a balanced to act in a way to pass a balanced is quite another. budget amendment. budget, it doesn’t require a super- A balanced budget would legally It really shouldn’t be about Demo- majority. If this Congress wants to force Congress to spend only what it crats and Republicans. Since I’ve been make a decision to deficit spend, it can takes in, and it protects taxpayers and in Congress, I’ve been here when Demo- do that with a supermajority, and small businesses from the threat of crats controlled Congress and Repub- that’s the same requirement as if it higher taxes to cover Washington’s licans controlled Congress. I’ve been wants to raise the debt limit. spending habits. This will be for a bet- here when Democrats controlled the By the way, if a simple majority bal- ter future for our children and our Na- White House and Republicans con- ances the budget, there is no need to tion. trolled the White House, and neither raise the debt limit. There’s no need to Mr. CONYERS. I continue to reserve party has the best track record on the raise the debt limit if we have a bal- the balance of my time. deficit issue. And that’s why I think anced budget, and that would be a sim- Mr. GOODLATTE. Mr. Speaker, I the balanced budget amendment makes ple majority to pass a balanced budget yield 11⁄2 minutes to the gentleman sense, because I think we need a struc- each year. from Texas (Mr. FARENTHOLD), a mem- tural requirement that brings everyone Mr. CONYERS. I want to thank my ber of the Homeland Security Com- to the table and says this is what colleague for answering the question. mittee. I would like now to turn to the gen- Mr. FARENTHOLD. I thank the gen- you’ve got to do, Democrats or Repub- licans. tleman who represents the majority, a tleman for yielding. distinguished member of the Judiciary Every month, millions of American This shouldn’t be a partisan issue. This should be an issue about setting a Committee, Mr. GOODLATTE. families make tough financial deci- The SPEAKER pro tempore. The sions about how they’ll pay their bills, path forward that creates stability and sends the right message to the Amer- time of the gentleman has again ex- balance their budget, and make ends pired. meet. They make tough choices and do ican people and to the rest of the world without things they want so they can that we know how to live within our b 1900 have the things that they need. The means. Mr. CONYERS. I yield myself 2 addi- American people have to make these Now, I have to say that I wish we had tional minutes. tough choices, and we, as their elected more support on my side of the aisle I would like to ask him if he is aware leaders, need to do the same thing. than we do because, as I said, I don’t of the fact that H.J. Res. 2 would re- America cannot continue to spend think it’s a Democratic or Republican quire a supermajority to raise the debt more than we take in. issue. I think it’s an issue that we all limit. A balanced budget amendment to the ought to be looking at—balancing the I’m pleased to yield to the gen- Constitution will ensure our grand- books, balancing your budget. Families tleman. children do not have to deal with the do it every day. States do it. At least 49 Mr. GOODLATTE. As the gentleman reckless mistakes Congress has already States have a requirement for a bal- from Utah correctly noted, it requires made by overspending and excessive anced budget. I think that this country the same supermajority of 60 percent borrowing. Our vote on this amend- needs that, too, and I urge all my col- to not balance the budget or to raise ment will show hardworking American leagues to support this amendment and the debt limit. Quite frankly, if you taxpayers who have a hard time bal- put us on a path to fiscal responsi- have a constitutional amendment in ancing their own budgets which Mem- bility. place that requires a balanced budget, bers of Congress get it and who are Mr. CONYERS. Mr. Speaker, I yield you’re going to generate surpluses doing their jobs that they are elected myself 1 minute to ask the speaker most years, and therefore raising the to do. who just finished, if I could gain his at- debt limit will occur less and less fre- The current national debt is over $15 tention for a moment. I thank the gen- quently. But those two requirements trillion, and that’s way too much. tleman for coming back into the well. are in place in order to have an en- Passing a balanced budget is the best Does the gentleman agree with me, forcement mechanism so that Con- way to ensure that we don’t spend in examining this bill, that this bill gresses of the future will not do what money we don’t have on programs we risks default by the United States by Congresses of the past have been doing. don’t need. requiring a supermajority to raise the Mr. CONYERS. Did the gentleman The American people want a govern- debt limit, which is not the case now? answer me with a ‘‘yes’’? ment that is responsible and account- I yield to my friend. Mr. GOODLATTE. Would the gen- able. A balanced budget, like almost Mr. MATHESON. I think it’s the tleman repeat that question? every State has, like almost every fam- same threshold that requires us to Mr. CONYERS. Did the gentleman ily lives with, is a key to this responsi- make a decision to deficit spend. It’s understand the question? bility and accountability. It makes our the same supermajority for that as Mr. GOODLATTE. I understand it economy stronger and healthier and well. So I think that what we do is and answered it. preserves this great Nation for genera- we’re putting a requirement in where, Mr. CONYERS. Was the answer ‘‘yes’’ tions to come. if you want to default or if you want to or ‘‘no’’ to my question?

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.109 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7802 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Mr. GOODLATTE. The answer is, yes, the court are in a better position to The court either will—there are two it requires a supermajority to raise the make judgements about congressional possibilities and only two. One, the debt limit and a supermajority to not budgets and about the Nation’s budgets court will say, Here’s how we’ll make balance the budget, which would be an than Members of Congress? an order. We’ll raise this tax, we’ll unusual thing in the future because in Mr. GOODLATTE. It’s my opinion lower that expenditure; or the court the last 50 years, it’s only been bal- that Members of the United States will say, in which case you have anced six times. Congress will uphold the oath to up- unelected judges making those deci- Mr. CONYERS. Then let me ask my hold the Constitution of the United sions—and this amendment gives no colleague this question: Does it pres- States. And that scenario will be very guidance on how to make those deci- ently require a supermajority to raise unlikely to occur; and when it does, sions—or the court will say as the gen- the debt limit? judges will, as they historically have tleman from Virginia just suggested Mr. GOODLATTE. No, there is no on matters involving the internal busi- the court would do, the court will exer- such requirement today. ness of the Congress, exercise judicial cise judicial restraint and will say this Mr. CONYERS. Thank you. It isn’t. restraint. is a political question. We decline to And there would be in this bill, would Mr. JACKSON of Illinois. Respect- make any order, in which case this it not? fully, Mr. Chairman, the courts could amendment is not worth the paper it’s Mr. GOODLATTE. Absolutely. then mandate a government shutdown written on because it’s not enforceable Mr. CONYERS. And the gentleman once revenue has been expended, unlike at all. supports a supermajority to raise the the CRs that Congress passes. Either it’s enforceable by the court debt limit? Mr. NADLER. Will the gentleman saying increase this tax, decrease that Mr. GOODLATTE. Very much so. yield? expenditure, or it’s not enforceable and Mr. JACKSON of Illinois. Will the Mr. JACKSON of Illinois. I would be it’s a total joke. One way or the other. gentleman yield? happy to yield. Mr. CONYERS. I would like to yield Mr. NADLER. Just two comments. Mr. CONYERS. I yield to the gen- to the distinguished gentleman from First of all, going back to what you tleman from Illinois. Virginia, BOBBY SCOTT. were discussing a moment ago, the an- Mr. JACKSON of Illinois. Is the gen- Mr. SCOTT of Virginia. I thank the swer to your question is that under tleman aware that under such a sce- gentleman for yielding. this amendment, 40 percent of either nario, a budget crisis in which a de- I think one of the things we’re for- House could hold the entire country fault becomes a more threat is more getting is that during that spectacle hostage against the other 60 percent. likely because the limits placed on the last August, the United States lost its Sixty percent could want a balanced fluidity of the debt ceiling— triple A credit rating, and it was a sim- budget and there may be a necessity The SPEAKER pro tempore. The ple majority. for an increase in the debt ceiling, but I just think you cannot make a seri- time of the gentleman from Michigan 40 percent could say no. Forty percent ous case that it is fiscally responsible has again expired. could hold the country hostage as we to increase the likelihood that we Mr. CONYERS. I yield myself an ad- saw the country was held hostage this would go through that spectacle again. ditional 3 minutes and continue to year. With this, it would be much easi- The other is we talk about a simple yield to the gentleman from Illinois. er to hold the country hostage because majority for a balanced budget or a Mr. JACKSON of Illinois. I thank the the minority, not a small minority, but supermajority for an unbalanced budg- gentleman. My question is of the chair- 40 percent could do it. et. We forget that a serious deficit re- man as well. Secondly, if the gentleman’s answer duction is technically unbalanced and Under such a scenario where a three- is correct that the courts would exer- you need three-fifths to pass a deficit fifths vote of the House would be per- cise judicial restraint and not make de- reduction plan. And if you have a ques- mitted to raise the debt limit, a budget cisions on tax increases or revenue or tion of three-fifths to pass a serious crisis in which a default becomes a spending cuts, then there’s no point to deficit reduction or new tax cuts and more threat is obviously more likely. this whole amendment because you’re new spending totally irresponsible; and And because of the limits placed on the saying it’s unenforceable. Either the if we know we need three-fifths this fluidity of the debt ceiling, that de- amendment is enforced by action of the year to pass a budget, deficit reduc- fault becomes more likely to occur. court or it’s not enforced. tion, as you get closer and closer, how Is it the gentleman’s opinion that a The SPEAKER pro tempore. The are you going to get those extra votes? small minority within the Congress time of the gentleman from Michigan Now, the tradition has been you get could indeed hold the entire Nation has again expired. those extra votes with a little pork hostage to such a vote? Mr. CONYERS. I yield myself an ad- here, a little pork there; and rather Mr. GOODLATTE. I don’t agree with ditional 3 minutes. than buying enough pork to get to a that at all. In fact, in the greatest debt The SPEAKER pro tempore. Does the simple majority, you’re going to have limit crisis you might ever say we’ve gentleman from Michigan wish to yield to give away enough to get to a 60 per- had, which was just this summer, close the time to the gentleman from Illi- cent. And so the question is whether to, if not in excess of, 60 percent of the nois? the three-fifths vote will make it more Members of the House voted to raise Mr. CONYERS. I would yield time to likely that you’re going to have a seri- the debt limit. So I don’t believe that the gentleman from Illinois. ous deficit reduction or a totally irre- future Congresses would be any more Mr. JACKSON of Illinois. I thank the sponsible budget. irresponsible. I think future Congresses gentleman, the distinguished ranking In my view, I think the experience is are likely to be more responsible than member, and I thank the chairman for it’s hard enough to get a simple major- prior Congresses because we have not his response, but I want to raise a ques- ity to pass meaningful deficit reduc- balanced the budget for but six times tion with Mr. NADLER, a distinguished tion. You will never get to three-fifths, in the last 50 years. constitutionalist. so you get your new tax cuts. You get We have a $15 trillion debt. The courts could mandate, therefore, your new spending. I’m going to get an- Mr. JACKSON of Illinois. May I re- if Congress failed to pass a balanced other aircraft carrier out of it. I don’t claim the time? budget, it could mandate a government know what you want. But we need to Mr. Chairman, in the event that Con- shutdown once revenue has been ex- get to three-fifths. You get it by more gress fails to act, obviously under this pended; is that correct? spending and more tax cuts. amendment the courts would be em- Mr. NADLER. The amendment is si- Mr. CONYERS. Could I conclude on powered to provide remedial orders for lent. All it says is ‘‘this will happen.’’ this side by asking my friend from Vir- when Congress failed to provide a bal- ‘‘This must happen.’’ When this must ginia (Mr. GOODLATTE) if he shares the anced budget. The decisions would then happen in our system of government, if view offered by Mr. SCOTT? force the courts to be political in na- it doesn’t, or if someone thinks it’s not Mr. GOODLATTE. No, I very defi- ture. going to, they go to court and they ask nitely do not share the view offered by Is it the gentleman’s opinion that the for a court order to make sure it hap- my good friend and colleague from Vir- judicial branch and that members of pens. ginia (Mr. SCOTT).

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.111 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7803 The fact of the matter is the down- This is Congress’ opportunity to get judge to make a decision about the grade that we received in the bond rat- it right. We can pass a balanced budget Federal budget process? ings was due to the fact that we have a amendment, and we can change the The SPEAKER pro tempore. The $15 trillion debt and the Congress has course of our country’s future. It’s time of the gentleman has expired. not come to agreement on sufficient re- time. Now is the time for a balanced Mr. GOODLATTE. I yield myself an ductions in that debt to satisfy the budget amendment. additional 30 seconds to respond to the bond rating agencies. A balanced budg- Mr. CONYERS. Mr. Speaker, how gentleman. et amendment to the United States much time is remaining? I will just say to the gentleman that Constitution is exactly what’s needed The SPEAKER pro tempore. The gen- the doctrines that the court has im- to put that kind of pressure on the tleman from Michigan has 761⁄4 minutes posed upon internal operations of the Congress to make real and meaningful remaining. Congress have historically called for reductions in our deficits. Mr. CONYERS. I yield myself 11⁄4 judicial restraint, so it will be very The SPEAKER pro tempore. The minutes, the time allotted us for to- rare, in my opinion, that you will find time of the gentleman from Michigan night. courts involved in this process. I be- has again expired. I think the instructive discussion lieve that there is very good material, Mr. CONYERS. Could I get some time that we’ve had here tonight illustrates which we have put into the record in from the other side to continue this an irreconcilable problem with the re- the Judiciary Committee, that would discussion? quirement that a supermajority is nec- reflect upon just that process. This is Mr. GOODLATTE. I have a lot of essary under H.J. Res. 2 to raise the something that the Congress has to re- Members who are planning to come to- debt limit. It’s frequently difficult solve for itself, and that’s why we need morrow to debate this issue, and I’m enough to raise the debt limit with a it in the Constitution, because the Con- going to have to reserve our time for simple majority, so I’m sure that ev- gress does not resolve it now. that purpose. eryone in this Chamber will realize, by I reserve the balance of my time. b 1910 raising the requirement by a consider- Ms. RICHARDSON. Mr. Speaker, I rise in able figure, it is going to make it near- strong opposition to H.J. Res. 2, the proposed Mr. CONYERS. The time is already ly impossible to raise the debt limit. Balanced Budget Amendment to the Constitu- allotted for tomorrow. The time we use We’ve just gone through a summer of tion of the United States, and I appeal to my tonight will not be put on tomorrow. problems of raising the debt limit by a colleagues to join me in rejecting this ill-con- We have divided the time up, so you simple majority. Now, tonight, we are sidered and unwise amendment to the world’s have a few minutes left if the gen- told that we’re going to make this a greatest national charter. tleman cares to share it. constitutional proposition, which will I oppose the proposed amendment for three PARLIAMENTARY INQUIRY make it even more difficult. principle reasons: Mr. SCOTT of Virginia. Mr. Speaker, Just for the record, for the last time, First, it is unfair, since it would roll back So- a parliamentary inquiry. I yield to the gentleman from Virginia cial Security, Medicaid, Medicare, unemploy- The SPEAKER pro tempore. The gen- for an explanation: ment insurance, nutrition assistance, and other tleman will state his inquiry. Would you explain to me how raising programs with expenditures that fluctuate over Mr. SCOTT of Virginia. Can time un- the debt limit to a supermajority is time. used tonight be carried over tomorrow? going to facilitate a more progressive Second, it is dangerous, as it would effec- The SPEAKER pro tempore. Time or operative Congress. tively cripple the Federal Government’s efforts unused tonight can be used tomorrow. Mr. GOODLATTE. Will the gen- to respond to economic emergencies like the Mr. GOODLATTE. Mr. Speaker, it is tleman yield? Great Depression and the present crisis. my pleasure to yield 2 minutes to the Mr. CONYERS. I yield to the gen- Third, it will be nearly impossible to enforce, gentleman from North Dakota (Mr. tleman from Virginia. thus opening the door to judicial activism and BERG). Mr. GOODLATTE. The goal is to bal- intervention involving every act of Congress Mr. BERG. I thank the chairman for ance the budget and to pay down this with a mechanism for raising revenue. yielding. enormous national debt of $15 trillion. Worse, the proposed amendment, if ratified, One year ago, as House freshmen, we The SPEAKER pro tempore. The would result in an unprecedented transfer of came out here. We were elected to time of the gentleman has expired. power from the Legislature, the first branch of change how Washington works. Does the gentleman from Michigan government, to the Judiciary, the third and When we arrived in Washington, seek to yield himself additional time least accountable branch. there was one thing we agreed on, and or does the gentleman from Michigan At first glance, the balanced budget amend- that was that our country was on an reserve? ment seems like a good idea, but its super- unsustainable path. As I’m here to- Mr. CONYERS. We have no more ficial appeal vanishes when one examines its night, listening to some of this debate, time. key provisions closely. I’m stunned that the way you get 260 Mr. GOODLATTE. How much time Proponents argue that the Federal Govern- votes is with pork. This is what’s remains on this side of the aisle? ment should be required to balance its budget, wrong with Washington. This is why it The SPEAKER pro tempore. The gen- spending no more than it takes in, like most has to change. tleman from Virginia has 881⁄2 minutes American families. We know the crisis we’re in. We’ve remaining. The problem with this analogy is that it is heard that the $15 trillion of debt Mr. GOODLATTE. I yield myself 30 simply untrue. In real life, most families and matches our whole country’s economy. seconds just to say to the gentleman businesses do not limit expenditures to the Fifteen years ago, had we passed a bal- that the only time you’re going to need amount of revenues. They borrow and take on anced budget amendment, America to raise the debt limit is on an occa- debt to buy homes, send kids to college, and would be the financial powerhouse of sion when you’ve already voted by a cope with unexpected emergencies. the globe. We would not be comparing supermajority to not balance the budg- Forcibly balancing the federal budget would ourselves to Greece and comparing our- et. Therefore, under those cir- be like telling families that they are prohibited selves to Europe. cumstances, it seems entirely reason- from borrowing or taking out any loan, ever— I strongly believe that the one funda- able to me that you’d also have a no matter how good their credit or how pru- mental thing we can do to change the supermajority to raise the debt limit. dent their financing plan may be. It bars the way Washington does business is to That, I think, is the key to that pro- government from taking out loans and en- have a balanced budget amendment. vision. It’s a discipline in this bill. forces cuts on social programs while making We wouldn’t need this amendment if Mr. JACKSON of Illinois. Will the tax cuts to the wealthy a permanent fixture. we actually balanced the budget. We distinguished chairman yield for just The passage and ratification of H.J. Res. 2 are at a critical stage in our Nation’s one question? would mean massive cuts to Medicare, Social history, and tomorrow, we have the op- Mr. GOODLATTE. I yield to the gen- Security, and many other programs. Obliga- portunity to make the future look bet- tleman. tions will not be met because there will literally ter—by passing this balanced budget Mr. JACKSON of Illinois. Mr. Chair- not exist enough money in circulation to pay amendment. man, what is it that qualifies a Federal for them.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00087 Fmt 7634 Sfmt 9920 E:\CR\FM\K17NO7.112 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7804 CONGRESSIONAL RECORD — HOUSE November 17, 2011 The destruction of these programs is the balance their budgets. Sometimes it means the balance of my time, but I do know that true aim of this legislation. It would force making hard decisions and giving up things elections have consequences. The American spending cuts by requiring a majority vote of that you might like but can’t afford. For too people are watching you. the whole number of each chamber for all leg- long, Washington has avoided making those Do not support this sham of a policy. islation imposing or increasing a tax, while re- choices. Its practice has not been to control Vote no on the Balanced Budget Amend- quiring only a simple majority of those present spending but to keep borrowing more and ment. to cut out funding for vital social programs. more. For families, this approach results in Mr. GENE GREEN of Texas. Mr. Speaker, Moreover, without deficit spending, pro- bankruptcy. For countries, it leads to the finan- I oppose this balanced budget amendment. grams intended to combat economic cially and socially perilous situation that we It’s not because I support reckless spending, downturns such as unemployment insurance, are seeing in Greece and other debt-ridden deficit spending, or believe that we don’t have Temporary Assistance for Needy Families nations. It is very clear that the only sure way a fiscal problem in this country. I oppose this (TANF), and food stamps would be jeopard- to bring long-term fiscal discipline to Wash- balanced budget amendment because I be- ized. Known as automatic stabilizers, these ington is to adopt a Balanced Budget Amend- lieve it is a heavy handed approach, which programs grow when the economy dips and ment to the Constitution. The Balanced Budg- has the potential to harm Social Security and cushion the blow for those hardest hit by re- et Amendment will provide us with a dis- Medicare recipients and will hamstring our Na- cessions. ciplined framework for the important decisions tion’s ability to respond to natural disasters, Increased outlays for these programs, which on entitlement changes and other spending re- terrorist attacks, and acts of war. have no set budgets since they follow the fluc- forms that will be needed to place America on We balanced our budget in the 1990s with- tuations of the economy, will come into direct firmer fiscal ground. Amending the Constitu- out a balanced budget amendment to our conflict with a balanced budget amendment, tion is not something that should ever be done Constitution and we can do it again. Balancing meaning harder times for those without work. lightly. But I truly believe that what is at stake our budget is good policy, I am even open to Equally bad is that under H.J. Res. 2, nec- here is the financial integrity of our country the idea of a carefully crafted amendment that essary stimulus such as the New Deal legisla- and the future prosperity of our children and will not threaten Social Security and Medicare tion of the 1930s or the Recovery Act of 2009 grandchildren. Our parents left us with a recipients and not endanger our future na- would be nearly impossible to pass. We would stronger America. We do not want to leave tional security and emergency preparedness. have no way to stimulate the economy at crit- them with a weaker one. The proposal before us today does none of ical points to respond to downturns of the Ms. BROWN of Florida. Mr. Speaker, I want this and is just bad policy. business cycle. to thank the Ranking Member for the time to It is true that our Nation’s debt has gotten The result is that what would otherwise be speak on this horrible legislation. The sup- too big and it is projected to expand even a mild recession could spiral down into a great posed reason for bringing up this amendment more if nothing is done to curtail it. For this depression. is because this country has taken on a hor- reason, I support immediate measures to re- Imagine if the balanced budget amendment rible debt over the last 12 years. duce our debt to a level that is both manage- was in effect in 2008, when this Nation was on Let us not forget how we got in this mess. able and sustainable, which will put our coun- the brink of an economic meltdown. Instead of Institutional memory is in order. When you try on a path to economic stability and pros- rescuing the savings of millions and saving the have your head in the lion’s mouth, you ease perity. I oppose this proposal, but look forward nation’s automobile manufacturing industry, it out. What happened? How did we get here? to working with my colleagues, Democrat and the Federal Government would have been When President Clinton left, we were oper- Republican, to find better ways to address our busying itself with cutting Social Security, na- ating with a surplus. But we had 8 years of fiscal challenges. tional parks, cancer research, Medicaid, de- Bush and two wars and a deficit of $1.3 tril- Mr. MARCHANT. Mr. Speaker, today the fense, and hundreds of other programs. lion. House is scheduled to consider House Joint That was the Hoover response to the Great Do you think this mess started when Presi- Resolution No. 2. This bill proposes a bal- Depression which was repudiated by voters dent Obama was elected? No, it did not. anced budget amendment to the Constitution. and replaced by Roosevelt’s New Deal. We have been practicing what I call reverse I am very proud to be a cosponsor of this leg- Like its variants, H.J. Res. 2 is incredibly Robin Hood for 10 years. Nobody remembers islation. The national debt just climbed above vague on how it would be measured and en- what happened here just last December? We $15 trillion. We know that Washington should forced. gave $800 billion to not just millionaires, but to not spend more than it takes in. We know this, There is no way to accurately balance the billionaires and now you complain that we are but we continue to rack up massive yearly budget, since the Congressional Budget Of- broke. deficits. We need a balanced budget amend- fice, whose job it is to predict expenditures, is It is all about your priorities. ment now more than ever. often off by hundreds of billions of dollars a Under this balanced budget amendment, el- Before being elected to Congress, I served year. derly citizens are not a priority. Medicare, as a city councilman for 4 years, as a mayor If revenues fall short because of a projection Medicaid and Social Security would have to for 2 years, and as a state representative for error, the Federal Government could conceiv- compete against all other federal spending. A 18 years. During my entire twenty-four years ably come to a halt toward the end of the fis- balanced budget would require Congress to of combined state and local government serv- cal year and stop paying benefits to Social Se- cut all programs by an average of 17.3 per- ice, by law I was always required to have a curity. cent by 2018. If spending cuts are spread pro- balanced budget. We should mandate the I Finally, since it is an amendment to the portionately, Medicare would be cut by about same requirement for the federal government Constitution, it would ultimately fall to the judi- $750 billion, Social Security by almost $1.2 that most state and local governments have to ciary to define and implement economic pol- trillion, and veterans’ benefits by $85 billion. produce a balanced budget. icy. This will burden the courts with issues that Transportation infrastructure is not a priority. Earlier this year, the Texas Legislature are intrinsically political in nature. We know for every billion dollars that we called on Congress to propose and submit to H.J. Res. 2 also comes with an escape spend, it generates 44,000 permanent jobs. the states a balanced budget amendment. I clause, whereby under a three-fifths vote, the Without transportation infrastructure, we can- am pleased that the House is taking the first provisions of the amendment may be waived. not compete on a global level. While private step to fulfill this request made by Texas and The Constitution is a statement of fundamental businesses and households borrow all the other states. I look forward to continuing the principles, such as free speech and equal pro- time to finance capital spending, a balanced fight for its passage and ratification. Our fiscal tection under the law. The fact the proposed budget amendment would prevent federal bor- problems are not getting any easier. We can- amendment can be waived so easily by Con- rowing to finance any investment expendi- not simply continue to kick the can down the gress reveals that this entire exercise is mere- tures. road. The longer that we wait only makes our ly theater intended by the Republican majority Our priorities are out of whack when we fiscal problems that much more difficult to to placate its fervent base of Tea Partiers. cannot agree to protect those who need our solve. H.J. Res. 2 is a terrible idea and would be help the most: the poor, the working class and We must act now before we further ruin the bad for our country. I urge my colleagues to the sick. economic futures of our children and grand- reject this ill-advised and poorly-conceived I am hoping that the American people will children. We cannot ignore our fiscal situation amendment to the greatest constitution ever wake up. It is shameful that over and over any longer. The Federal Government must devised. again in the people’s House, in the people’s balance its budget. A balanced budget amend- Mr. BACHUS. Mr. Speaker, families across House, we attack the people who do not have ment is the ultimate solution to our current America have to live within their means and lobbyists on Capitol Hill. And so I yield back lack of fiscal discipline.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00088 Fmt 7634 Sfmt 9920 E:\CR\FM\A17NO7.032 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7805 I strongly urge my colleagues to join me in partments of Agriculture, Commerce, thers made amending the Constitution voting in favor of this bipartisan resolution. Justice, Transportation, and Housing so difficult. And that is because they The SPEAKER pro tempore. Pursu- and Urban Development, and related wanted us to be thoughtful. So when ant to section 2 of House Resolution programs for the fiscal year ending we think of the amendments that are 466, further consideration of this mo- September 30, 2012, and for other pur- in this book, this little book that tion is postponed. poses.’’. starts off with ‘‘We, the people,’’ a part f f of the Declaration of Independence, and then the beginning part of the Con- REPORT ON RESOLUTION PRO- b 1920 stitution says that we have come to- VIDING FOR CONSIDERATION OF PROGRESSIVE CAUCUS HOUR: THE gether ‘‘to form a more perfect union,’’ H.R. 3094, WORKFORCE DEMOC- BALANCED BUDGET AMENDMENT they’ve made it that challenging so RACY AND FAIRNESS ACT The SPEAKER pro tempore. Under that we could be thoughtful in our Ms. FOXX, from the Committee on the Speaker’s announced policy of Jan- moving amendments. Rules (during consideration of H.J. uary 5, 2011, the gentlewoman from Maybe for those of us who are in cer- Res. 2), submitted a privileged report Texas (Ms. JACKSON LEE) is recognized tain types of church families, whether (Rept. No. 112–291) on the resolution (H. for 60 minutes as the designee of the it be Baptist or the underlying over- Res. 470) providing for consideration of minority leader. riding general Protestant structure, we the bill (H.R. 3094) to amend the Na- Ms. JACKSON LEE of Texas. Mr. know that there are pastors, ministers, tional Labor Relations Act with re- Speaker, I am grateful for the oppor- reverends, board of trustees, a board, spect to representation hearings and tunity to allow members of the Pro- or maybe a deacon board, there is some the timing of elections of labor organi- gressive Caucus to continue this dis- sort of policy board, and then there is zations under that Act, which was re- cussion and as well to continue to edu- a congregation. The reason why I men- ferred to the House Calendar and or- cate the American public. tioned the faith community is because dered to be printed. It is worth noting that part of the we can get very sensitive about how f discussion that occurred on the floor of our places of worship are run, how the MESSAGE FROM THE PRESIDENT the House is that we have come to this business part of it is run. And you point, if I might say, through a pecu- would wonder how many congregations A message in writing from the Presi- liar process. Some might call it hos- dent of the United States was commu- would welcome the overlay of some tage-taking, but certainly it is a proc- nicated to the House by Mr. Brian outside entity—albeit formed by mem- ess that has skewed, if you will, the Pate, one of his secretaries. bers—that was over the pastor, that regular order of this Congress. was over the board of trustees, that f This little book, the Constitution of was over the congregation. That’s what AUTHORIZATION OF CONTINUED the United States, that can fit into a we have done and forced ourselves to PRODUCTION OF NAVAL PETRO- document of this size, even though it is do with the intervening supercom- LEUM RESERVES BEYOND APRIL found in law books and many major mittee that was put together by the 5, 2012—MESSAGE FROM THE large-sized books in the Library of Con- concept of needing to raise the debt PRESIDENT OF THE UNITED gress, hopefully convinces the Amer- ceiling and then adding into it another STATES (H. DOC. NO. 112–73) ican people of the wisdom of the hot pepper pot, and that is, of course, Founding Fathers. It is noteworthy The SPEAKER pro tempore (Mr. having to be forced to pass a balanced that they did not include a balanced budget amendment. FARENTHOLD) laid before the House the budget amendment in the first group of following message from the President amendments called the Bill of Rights. I want to refer my colleagues again of the United States; which was read And even as they proceeded, they took to a headline in a local paper, SHEILA and, together with the accompanying the challenge of speaking to any num- JACKSON LEE can’t slow down the Re- papers, referred to the Committee on ber of issues, the freeing of the slaves publican balanced-budget amendment Armed Services and ordered to be in the 13th, 14th, and 15th Amend- freight train. It’s not necessarily be- printed: ments, giving the right to vote finally cause it was my name, but that’s just To The Congress of the United States: in the 15th Amendment, suggesting what we have experienced, a freight Consistent with section 7422(c)(2) of that there should be no obstacles to train. title 10, United States Code, I am in- voting. They went on to the 24th I have no doubt that there will be a forming you of my decision to extend Amendment to indicate that there strong vote tomorrow. I am hoping the period of production of the Naval should be no poll tax, the 19th Amend- that the debate will generate enough Petroleum Reserves for a period of 3 ment giving women the right to vote. thought to cause many of my col- years from April 5, 2012, the expiration But never did they feel the necessity to leagues to reflect on whether or not we date of the currently authorized period talk about a balanced budget amend- could, in the regular order, do some of of production. ment. the suggestions that have been made. Attached is a copy of the report in- The reason, I believe, that they cast Taxation of investment transactions, vestigating continued production of their lot on the responsible thinking of where many who are well vested and the Reserves, consistent with section Members of Congress is because that is who have experienced the bounty of 7422(c)(2)(B) of title 10. In light of the what we are supposed to do. We are this land would be willing to con- findings contained in the report, I cer- supposed to be responsible Members of tribute and to understand how we tify that continued production from the United States Congress with no in- should move forward. The expiration of the Naval Petroleum Reserves is in the tervening body, no layered approach, the Bush tax cuts, another revenue- national interest. no handcuffing of our deliberation. And generator that would, I believe, in- BARACK OBAMA. that’s what a balanced budget amend- crease the opportunities for reducing THE WHITE HOUSE, November 17, 2011. ment is all about. the debt. Getting rid of the mighty, if f You’ve just listened to a portion of you will, bungled opportunity to help our debate. We will go on into tomor- seniors, becoming a gigantic handout MESSAGE FROM THE SENATE row, mind you, taking up 5 hours of budgetary fiasco. Medicare part D—ask A message from the Senate by Ms. time that could be dedicated to coming every senior when you visit them at Curtis, one of its clerks, announced together around job creation. their senior centers, are they begging that the Senate agrees to the report of The underlying premise of this bill, for the closing of the doughnut hole? the committee of conference on the Mr. Speaker, is that two-thirds of this But more importantly, are they trying disagreeing votes of the two Houses on body, two-thirds of the other body, and to get relief from Medicare part D? the amendments of the Senate to the three-quarters of the States must con- Give them relief, close the doughnut bill (H.R. 2112) ‘‘An Act making con- sent to a balanced budget amendment. hole, and you will find a huge amount solidated appropriations for the De- Thank goodness that our Founding Fa- of money going into the Treasury.

VerDate Mar 15 2010 06:51 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\A17NO7.044 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7806 CONGRESSIONAL RECORD — HOUSE November 17, 2011 Going back to the Affordable Care sources of America. It’s not going to by outside party politics, in this in- Act and implementing the public op- answer the question in our competitive stance the Tea Party and those who ad- tion and allowing the United States to reach as we compete around the world. here to pledges governed by Mr. negotiate the cost of medications, pre- It’s not going to respond to the num- Norquist. scription drugs under Medicare—just bers of Ph.D.s that India is now pro- So it is important that a constitu- watch the debt go down, down, down. ducing, probably in years to come more tional debate be separated from the en- So I want to recite, as I did on the floor so than people in the United States, or trenched political views that would dis- of the House, the words of Chairman the number of masters and Ph.D.s in allow a thoughtful discussion. We could Ben Bernanke, the chairman of the China. have raised the debt ceiling with a Federal Reserve, who indicated to the b 1930 thoughtful discussion; but it came with Committee on Financial Services, We not strings but ladened with heavy really don’t want to just cut, cut, cut. Our reach in competition is way be- yond our borders. But everyone knows steel, bricks tied to our arms and body You need to be a little bit cautious as we walked slowly and dragged down. about sharp cuts in the very near term that America’s marketability is our ge- So we have a supercommittee. With because of the potential impact on the nius in invention and manufacturing, great respect for those working, I have recovery. That doesn’t at all preclude— our genius as it relates to prescription the greatest respect for our colleagues in fact, I believe it’s entirely con- drugs, our genius in medical science and wish them well. We have the re- sistent with—a longer-term program and medicine, our genius in Silicon quirement of a balanced budget amend- that will bring our budget into a sus- Valley and the little Silicon Valleys ment, a constitutional discussion tainable position. that are springing up around America. Nowhere did he say, Well, why don’t Our genius, for example, in the MD dragged down by the requirement that you just do a balanced budget amend- Anderson Cancer Center located in you’re not going to get the debt ceiling ment with no thinking and not being Houston, Texas, the fourth largest city raised. You’re not going to be able to able to deal with emergencies beyond in the Nation, magnificent research oc- pay the bills for our seniors and our another vote by the Congress, some- curring in that institution, seeking a soldiers on the battlefield if you didn’t times a majority, sometimes even viable 21st-century, 22nd-century cure hang with all of this weight to carry longer. for this devastating disease, but also forth an instruction that really is not Mr. Speaker, a balanced budget branching out for creative thinking in done thoughtfully. amendment was wrong when our the next generation of research. That So here’s what we get with the bal- Founding Fathers began to write the is the genius of America. We are not anced budget amendment. We risk de- Constitution. It was wrong as the broke, and we’re certainly not broke in fault by the United States by requiring Founding Fathers wrote amendment our genius. a supermajority to raise the debt limit. after amendment. It was wrong to Let us be reminded as we debate the It destroys 15 million jobs and doubles think about it in World War II, to balanced budget amendment that our unemployment to 18 percent. If enacted think about it in the 1929 financial col- corporations are flush with cash. Our in fiscal year 2012, nonpartisan econo- lapse, to think about it in the conflicts banks are flush with cash, and coun- mists with Macroeconomic Advisers, of the 1950s, the Vietnam war or wars tries around the world are eager to LLC, estimate that enactment of a bal- thereafter, such as the Persian Gulf, have us hold their money in the frame- anced budget amendment would elimi- the Iraq war, and, of course, the Afghan work of loans that are being made to nate 15 million jobs, double the unem- war, Kosovo, Bosnia, Albania, Libya, us. If they wish to loan to anyone, they ployment rate to 18 percent, and cause and places where we’ve been called to are eager to loan to the United States. the economy to shrink by 17 percent. act on behalf of the American people in Why? Because they believe their cash Remember what I said, dragged down defending our honor and democracy is safe. by steel anvils tied to our legs and and protecting the vulnerable around So it is important that we are arms, our ankles, around our necks. the world. It is wrong, wrong, wrong. thoughtful in the idea of a balanced This is what we will be doing tomor- What the American people who voted budget amendment and why now. Why row. This is what the vote will entail for Members of the United States Con- are we doing a balanced budget amend- tomorrow. gress are asking us to do is what the ment in the course of the need to do, as Progressive Caucus is doing: It is find- Dr. Sachs has said, long-term, system- It harms seniors by cutting Medicare ing a way, first of all, to submit a rea- atic changes in how we do business in and Social Security and veterans by re- soned budget that has seen a respon- the United States of America? ducing their benefits, even though So- sible approach to addressing the needs So just take a fact sheet on the ques- cial Security is solvent until 2035, re- of revenue-raising and belt-tightening. tion of the balanced budget amend- quiring a thoughtful decision of how we What it is also asking is, as the Pro- ment. It came about because we went go forward. And even though there are gressive Caucus is doing, drafting a to the brink of raising the debt ceiling, ways to eliminate waste, fraud, and major omnibus jobs bill that will incor- something that had been done many abuse from Medicare without cutting porate a wide range of initiatives, times since President Eisenhower, providers, we want to go with a bal- many not costly initiatives, that will going forward to Presidents thereafter, anced budget amendment which could bring about jobs in America not only many times under Bush I, the 41st result in Medicare being cut by about for those languishing 2 and 3 years un- President of the United States; many $750 billion, Social Security $1.2 tril- employed but for our wonderful college times under the 42nd President of the lion, and veterans benefits $85 million graduates and others that are coming United States, William Jefferson Clin- through 2021. out of the institutions of higher learn- ton; many times under the 43rd Presi- How many of us joined our neighbors ing. dent of the United States. in celebrating Veterans Day last Fri- But as Dr. Jeffrey Sachs said, We And lo and behold, an African Amer- day? I did. We went to the Veterans have even more challenges because, al- ican President ascends to the Presi- hospital and shook the hands of bed- though we all point to college grad- dency, voted on by the American peo- ridden veterans and promised them, by uates and going to institutions of high- ple, and the debt ceiling becomes a cri- giving them cards of cheer, that we er learning, maybe I should wake up sis in the making. And, frankly, the would not in any way cut their bene- America and let you know that we pundits, economists around the world fits. These cuts will result in draconian have some of the lowest numbers of indicated it was not the question of cuts, worse than the Ryan GOP budget. college graduation rates probably in raising the debt ceiling. It was the de- It opens the doors for courts to inter- the history of America: white males at bacle shown around the world that the vene—and the gentleman from Illinois 34 percent, African Americans some- Members of Congress were not allowed may want to comment on this—in Fed- where under 20, and Hispanics 11 per- to get their business in order. They eral budget decisions by placing the cent. were not allowed to debate this in a balanced budget amendment into the So the balanced budget amendment reasoned manner. They were strung Constitution. It will generate enor- is not going to invest in the human re- and strangled by voices that are driven mous—in fact, there will be a line to

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.117 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7807 the courthouse on constitutional chal- on the Appropriations Committee, but anced budget amendment on the other lenges on cutting Pell Grants and cut- other Members are able to, in essence, body, but this will be a long, pro- ting food stamps and cutting housing craft the ultimate appropriations, tracted process while we continue to and cutting veterans benefits, as I said. maybe working with a budget, maybe languish and not do the people’s bid- And then, of course, more than 270 not, based upon the current needs of ding. I would rather do the people’s organizations representing people that the American people. bidding than I would want to, again, are the most vulnerable have begged us b 1940 yield to a process that by its very na- to unshackle the steel anvils from our ture is fractured and does not adhere to legs and arms and do the people’s busi- The balanced budget amendment will the Constitution as relates to having ness. stand not as a guard at the door of the control of the pursestrings, being able I would be happy to yield to the gen- United States Congress—the doors are to raise armies, being able to provide tleman from Illinois. to my left. We come in and out. It will for the general welfare of the American Mr. JACKSON of Illinois. I wanted to literally be a lock and chain on the people. ask the gentlelady a question because I door because it will say to those who What are we talking about here? Am think she touched upon a thoughtful are running for office, in essence, you I going to have to prosecute a case in comment in her remarks. are powerless. You will either be as the Federal courts on the question of I can imagine since every Member of other litigants in the courthouse in the the general welfare of the American Congress and every candidate for Con- third branch of government seeking people when we will be thwarted here gress is running for office and they run refuge for your constituents, or you on the floor of the House because of the to uphold the Constitution of the will make at being a Member of Con- balanced budget amendment? United States, they swear to uphold gress and spend most of your time I would be happy to yield to my the Constitution and its various provi- fighting the balanced budget amend- friend. sions within the context of the debate ment in the courts. Mr. JACKSON of Illinois. I thank the that we have here on the floor of the The gentleman is absolutely correct, gentlelady for yielding, and I’m not so Congress. In my district, I run on a and I would add to this that, even sure that many of the distinguished campaign to try and provide better though they make a way for disasters colleagues appreciate that the distin- housing for my constituents. I run a and wars, even if it is presumed to be guished gentlelady from Texas was a campaign trying to provide health care under the jurisdiction of the Presi- jurist before she came to the Congress for the health care-less, those who dent’s executive powers to even expend of the United States. And so we heard don’t have health care. I run trying to any dollars, one would have to come to from the author of the amendment, the say that the Federal Government has this body to receive a majority vote by distinguished gentleman from Virginia, an obligation to address issues of un- this House and a majority vote by the that a three-fifths requirement would employment and provide jobs. And other House. be required by this House, I believe, to when the private sector won’t invest That means that all branches of gov- raise taxes. its money in and on the south side of ernment will be under this lock. The Now, unlike the Senate, which has a Chicago, that it should do more. I run President will not be able to act as a staggered election process, every 6 my campaigns arguing that people President. The Congress will have dis- years is usually the tenure of a Sen- should get involved in the political agreement as to whether or not it’s a ator, here in the House, Members of process because if they vote for me, I war we support or conflict we support Congress run every 2 years. Essentially can provide them some hope. I will or an emergency we support, and, in es- they’re elected a year, then they run a come to the floor of the Congress and sence, to the gentleman’s very fine year, then they are elected a year, then have their grievances redressed by the point, and as I indicated, we will be they run a year. And I’m finding it Government of the United States. clogging the Federal courts on each nearly impossible to imagine that in Under the balanced budget amend- iota of disagreement dealing with from the event that revenues are at a short- ment as proposed by the gentleman vast issues of protecting the homeland fall in the Congress of the United from Virginia, it seems to me that any- to the necessity of defending the prin- States that there will ever be a Con- one running for Congress in the future ciples of democracy around the world. gress under the three-fifths require- isn’t going to be running making prom- And I know there are some probably ment as spoken of in this amendment ises or commitments to do anything listening and they are probably ap- that would ever be willing to raise about the social ills or the gaps that plauding because they are saying, I taxes on wealthy Americans in order to exist within our society. They will be don’t want to help anyone anyhow. But help balance the Nation’s budget or to running for office saying, What I guar- some of that help falls back on the pay for programs. The politics of the antee is you cannot have better hous- safety and security of the American way in which Congress is elected, that ing, that you cannot concern yourself people. we serve 2 years, that we essentially about the Federal Government’s role in What is going on in Somalia, the serve a year, run a year, serve a year, health care, or that the Federal Gov- frightening devastation of death that do politics a year, which is a funda- ernment should have no role in ad- we are not acknowledging, might be a mental tenet of our system and a Con- dressing issues of unemployment. Let cause for the support of the American stitutional requirement for the House, the private sector work its way to the Government to help in the survival of it just seems to me that inherent in south side of Chicago or to Houston, those people. We will be in a strangle- the idea that somehow this Congress is Texas. hold from doing that. The crisis in going to have enough political courage The gentlelady’s argument seems to Syria, which I wanted to just make in an election year, which, by the way, suggest that the balanced budget mention of and to ask Dr. Assad, as the is every year for Members of Congress, amendment itself changes the frame- Arab League has asked, and as I con- that they’re going to be willing to raise work and the structure of America; and tinue to ask and as my Syrian Amer- taxes in order to help provide for nec- instead of candidates running for office ican neighbors have asked, to step essary needs of the American people. making the case for hope and making down, which might warrant the United As a jurist, would the gentlelady the case for change and encouraging States joining with people of goodwill please comment on this idea of a three- the promise of America, it’s just the to help the Syrian people, we will find fifths requirement in order to move opposite. ourselves in court for each step of our revenue through this building. Would the gentlelady comment on responsibilities. The oath we take, that Ms. JACKSON LEE of Texas. I want that, please. will be in conflict with the balanced to remind the gentleman, I’m looking Ms. JACKSON LEE of Texas. The budget amendment as it is presently at a statement that my office brought gentleman is eloquent in his analysis. written by the gentleman from Vir- to my attention that I was on the floor And as an appropriator, the gentleman ginia. of the House September 22, 2004. Let me knows full well the value of regular By the way, if it is not passed as it is, say that I wasn’t on the floor of the order. That is that the voices of not a long-winded process will generate, House. I was in a markup on a proposed only the appropriators, meaning those and I assume that it is the same bal- balanced budget amendment. And I had

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.118 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7808 CONGRESSIONAL RECORD — HOUSE November 17, 2011 in the markup, Mr. JACKSON, an curity to take the budget out of bal- mittee, but it is unrealistic as this amendment called the ‘‘poor children’s ance. However, in order to authorize country grows. amendment.’’ In achieving a balanced additional funds for military engage- My friends, the country has gotten budget, outlays shall not be reduced in ment or threats to national security larger. We can’t have the same percent- a manner that disproportionately af- that require action, Congress will need ages that we had under President Ei- fects outlays for education, nutrition to pass legislation citing a specific senhower. Only 5 years in the last 50 and health programs for poor children. amount. So the gentleman who was on has the Federal Government posted an That was called the ‘‘poor children’s the floor is very accurate in what the annual budget surplus. All of the years amendment,’’ dated November 22, 2004. balanced budget amendment will do is the government has been in a deficit. We were dealing with an amendment kick us off budget if we have an emer- We must contain it and restrain it. We at that time. It seems like we’ve done gency. must raise money. We can do that. it over and over again. But I want to Might I just say, as my voice is com- We’ve just got to move the various raise that to say you are very right in ing to somewhat of a raspy end, that in ghosts of tax pledges and other third- your analysis. What that means is that addition to being off budget for this party restraints away from the Halls of those who would be on the side of say- Congress, those of us—I see the good Congress and move the blocker of doing ing that we have a crisis with poor speaker, a dear friend from Texas. intelligent work, and that would be a children, with nutrition, with the Those of us who are familiar with balanced budget amendment. SCHIP program, children’s health in- State budgets, we know that there is a So I believe it is crucial, as this de- surance program which is now merged capital budget, and we don’t have one bate goes forward, that we understand into our Affordable Care Act, any other here in the Federal Government. And the Constitution and the American programs that deal specifically with so we spend, if people would know, people understand that you pass a bal- the poor—let me just cite this: 2008, monies out of the Federal Government anced budget amendment and you give 15.45 million impoverished children in to ensure the infrastructure of Amer- up the vote that you cherish every 2 the Nation, 20.7 percent of America’s ica. years, when you vote for a Member of youth. The Kaiser Family Foundation Congress who is allowed to vote for or estimates that there are currently 5.6 b 1950 against, who will stand on the floor of million Texans living in poverty. We Just a few days ago, Texas had arti- the House and advocate, under the Con- have the most uninsured. cles talking about our water level. Our stitution of the United States, the au- What it means is that Congress- water is a lifeline for our ranchers, and thority of this House of Representa- woman JACKSON LEE would battle it something has to be done. I expect the tives to institute taxes through the out in the courts. I would leave the legislature will dig deep to address the discourse of debate and the appropriate floor of the House. I couldn’t get the diminishing water sources and the use of those taxes to raise up the gen- amount increased, and I would chal- water shelf that we have to deal with eral welfare of the American Govern- lenge the constitutionality of the bal- in places where we have to keep our ment and people. anced budget amendment. That would ranchers going. With that in mind, I would beseech of be part of my remedy because I By the way, ranchers of Texas, I love you, as I close, to be able to truly un- couldn’t raise up a three-fifths in this you; and I am proud to be from Texas derstand the Preamble to the Constitu- body, which is a supermajority, in es- where ranching still goes on. You hold tion of the United States. Allow me to sence, a supermajority to do the con- on. We have to deal with it; it is a Fed- read this into the RECORD: stitutional right that we have for tax- eral proposition to deal with water all We the people of the United States, in ation. over America. So all of this would be order to form a more perfect union, establish The House has the pursestrings, and kicked off budget. And I would hope justice, insure domestic tranquility, provide that’s a constitutional task. We’ve now for the common defense, promote the general maybe my Texas colleagues would be changed that simple majority that has welfare, and secure the blessings of liberty to in the courts with me when they would been written by our Founding Fathers ourselves and our posterity, do ordain and be denied the right to secure Federal who were building a nation and said, establish this Constitution for the United funding to help Texas that is now suf- when building a nation, we don’t want States of America. fering from enormous deprivation of to be reckless with spending, but let us I beg of you, my colleagues who will water because of the drought that we have a majority that will allow us to vote tomorrow, have this Constitution had and some problems that come tax ourselves and build a nation. We’re in your hand. Posterity can come about through Mother Nature. now arguing that it will be three-fifths. through the reasonable work. Posterity And as we have made it your point, a May I pause for a moment and ask can come through the thanking of the constitutional amendment, as you the Speaker how much time is remain- supercommittee for its work and mov- know that we’ve gone to courts on the ing. ing beyond the supercommittee into Ninth Amendment, the right to pri- The SPEAKER pro tempore. The gen- 2012. Begin to analyze the needs of the vacy. We are presently in the throngs tlewoman has 28 minutes remaining. American people and vote for revenue of the amendments dealing with due Ms. JACKSON LEE of Texas. Then and vote for belt-tightening. process; and out of that 13th, 14th, 15th let me just add a few more points to Don’t take the Constitution and Amendments came the Voting Rights my commentary on this. shred it tomorrow, voting for a bal- Act of 1965, Civil Rights Act of 1964. Let me just say that in my district in anced budget amendment that no That generates court action. To your Texas, more than 190,000 people live Founding Father saw fit to implement, point, we will be in court. But I will below the poverty line. And I want to and throwing America’s children, vet- say this. We will be in court on defense take Mr. JACKSON’s comments—I will erans, returning soldiers, and seniors matters as well. say that he took the words out of our into the Federal courthouses of Amer- Let me just indicate a point about collective mouths in the Congressional ica and depending upon the Federal defense. In order to spend more than Progressive Caucus that this issue of court system for justice. We can do jus- has been appropriated, agencies tasked poverty is really unspoken, but is in tice tomorrow. We can join with the with defense and national security will need of raising the ante. And it’s the Congressional Progressive Caucus long need approval from Congress. This in- highest rate in 17 years. range, but we can do justice tomorrow creased reliance on emergency appro- The thresholds proposed in H.J. Res. and reject the balanced budget amend- priations will have detrimental effects 2 are completely unrealistic. Even dur- ment on behalf of the constitutional on the sound functioning of our defense ing Ronald Reagan’s Presidency, before rights of the people, and on behalf of and national security institutions. The the baby boomers had reached retire- the people of the United States of more these institutions are forced to ment age, swelling the population eli- America. rely on emergency funding, the more gible for Social Security and Medicare I am happy to yield control of the re- unpredictable these budgets will be- when health care costs were lower, maining time to the gentleman from come. Federal spending averaged 22 percent of Illinois. This legislation would allow a mili- GDP. We don’t have that low number Mr. JACKSON of Illinois. I thank the tary conflict or threat to national se- that was offered in the Judiciary Com- gentlelady.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.120 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7809 The SPEAKER pro tempore. Under loan may not always be the most desir- convention led some States to with- the Speaker’s announced policy of Jan- able situation, but no one would deny draw their resolutions, re-shifting uary 5, 2011, the gentleman from Illi- its necessity. focus to congressional action. nois (Mr. JACKSON) is recognized for the The chief argument used to sway for- From 1990 to 1994 Congress would remainder of the hour as the designee lorn Americans to the misguided belief make three additional attempts to cod- of the minority leader. that a BBA would benefit our Nation is ify this amendment. All failed to gar- Mr. JACKSON of Illinois. May I in- this: each and every home has to bal- ner the necessary two-thirds majority. quire of the Speaker how much time ance its checkbook every month, so However, the BBA made a comeback remains in the Democratic hour. why shouldn’t our Federal Government when it was included in former Speaker The SPEAKER pro tempore. The gen- do the same? First of all, let me be Newt Gingrich’s Contract with Amer- tleman will have 25 minutes. clear: you cannot compare the budget ica. Twenty-six days after taking of- Mr. JACKSON of Illinois. Thank you, of the Government of the United States fice, the newly empowered Republican Mr. Speaker. to the budget of a household. It’s sim- majority adopted the BBA, giving con- Over the course of this session of ply not realistic. servatives their first congressional win Congress, I have given a number of Aside from that critical flaw, the in a decade. Disappointment awaited in Special Order speeches in order to get truth is that while each and every the Senate however, when two separate across to this body the basic needs of American home must balance its bank votes fell short of its adoption. This the American people and how the Con- account, this doesn’t include the mort- failure, along with the balanced budget stitution is the best means of meeting gage, the car note, or the car loans and the balanced budget surplus at the those needs. that haven’t been paid back yet. A true decade’s end, sapped any remaining In April, I came to the floor and de- balanced budget is unrealistic in al- congressional support for the BBA. nounced a balanced budget amendment most any scenario. There was renewed Republican sup- as the end of progress in our society. It port for the amendment in 2000, as it would appear that my colleagues on b 2000 was included in the party’s platform. the other side of the aisle didn’t pay Lest my words again fall on deaf The Bush tax cuts, wars in Afghanistan close attention. Perhaps, as they often ears, Mr. Speaker, let’s start at the be- and Iraq, the passage of Medicare Part do, they blatantly ignored what I be- ginning. For my colleagues who did not D, all unpaid for, led to massive deficit lieve was the logic and the reason be- hear me the first time, this may be a spending by Republicans that eventu- hind my arguments. little bit redundant, but I’d like to ad- ally led them to sweep the balanced Either way, Mr. Speaker, here we are dress the history of the balanced budg- budget amendment back under the rug. just a few months from my original et amendment. It’s been a long road. In fact, by 2004 the Republican party statement against the BBA and the In fact, Mr. Speaker, if I weren’t so had created such debt and was so em- House leadership has brought a bal- appalled by the nature of this effort, barrassed that they left any mention of anced budget amendment to the floor. I’d be apt to congratulate my friends a balanced budget amendment out of This week, we will cast our vote on across the aisle for never letting go of their platform. what Ezra Klein referred to in the their dream. I can absolutely relate, as Again, in recent years, with the ad- Washington Post as ‘‘the worst idea in I have a few constitutional amend- vent of the Tea Party and the return of Washington.’’ ments myself. I guess the Disney extreme fiscal conservatism in the Re- In a New York Times editorial pub- phrase, ‘‘Anything can happen when publican party, there are currently 12 lished on July 4, the dangers of the bal- you believe’’ really did stick with balanced budget amendments in the anced budget amendment are laid out them. House and three in the Senate. Mr. Speaker, we have a troubling na- in plain English—no frills, none of the They believed since 1936 when, in re- tional debt and deficit, but the bal- rhetoric that our constituents fall prey action to FDR’s New Deal, Republican anced budget amendment is not the so- to. As simple as the BBA sounds, re- Congressman Harold Knutson of Min- lution. I’ve already addressed for you quiring the Federal Government to bal- nesota introduced the first version of the chief argument that proponents of ance its books every year would be like the amendment in 1936. Like many con- the BBA use to draw in more mis- ‘‘telling families they cannot take out stitutional amendments, this resolu- informed worshipers of flawed aus- a mortgage or a car loan or do any tion did not receive a hearing or a vote. terity, comparisons to everyday fami- other kind of borrowing, no matter During President Dwight D. Eisen- lies. how sensible the purchase or how cred- hower’s first term, the Judiciary Com- In the same vein of bandwagon fal- it worthy they may be.’’ mittee of a barely Democratic Senate lacies, my colleagues across the aisle Worse than just balancing our budg- held its first hearing on this amend- have consistently pointed to another et, the amendments that we will see in ment. It, again, did not receive a vote. entity that is required to balance its the coming weeks will force the super- After these partial defeats, the BBA books, the States. majority to approve any borrowing to supporters shifted their focus to the Mr. Speaker, I, again, can’t continue finance spending and cap all spending States. From 1975 to 1980, 30 State leg- without pointing out a serious di- at under 20 percent of GDP. Addition- islatures passed resolutions calling for lemma in comparing the governments ally, a two-thirds majority would be re- a constitutional convention to propose of individual States to the Federal quired to raise taxes, making that this amendment directly to the States. Government. Perhaps if our Founding process effectively impossible. The election of President Ronald Fathers had seen fit to stick with the Sometimes a meaningful investment Reagan and a Republican Senate in Articles of Confederation, this argu- leads to greater returns in the long 1980 renewed hopes for the balanced ment might be more legitimate. But at run. The average American can’t afford budget amendment passed by Congress. the end of the day we, instead, find to purchase a car, a house, or an edu- While the Senate did adopt the amend- ourselves under the guidance of the cation outright. They need a loan or ment in 1982, it failed to garner the Constitution of the United States, by some arrangement in which they owe necessary two-thirds majority in the which I’m able to stand here before you money. They might be expected to pay House. This failure energized conserv- tonight as an elected official conveying installments at a later date, but the ative groups such as the National Tax- the views of my constituents. product of that loan could get them to payers Union and the National Tax The requirements and expectations of a job interview, in a house, or in a uni- Limitations Committee to refocus on our Federal Government, to the great versity. A car could get them home State action. and continuous dismay of some of my after a long night at the office. A car In 1982 and 1983 the Alaska and Mis- colleagues, are now and forever dif- lets them purchase groceries and, in souri legislatures passed resolutions ferent from those of the States. The turn, contribute to the success of the supporting the BBA, bringing the total Federal Government is bound to pro- car industry. A house provides safety of number of these resolutions to 32, tect, via military force, and provide for and security for one’s family. An edu- two short of the 34 needed for a conven- the collective security of our Nation; cation adds to the quality of a person’s tion. However, a growing concern maintain the national currency; deter- life and the betterment of society. A about the scope of a constitutional mine the scope of the Federal courts;

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.121 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7810 CONGRESSIONAL RECORD — HOUSE November 17, 2011 promote and encourage our Nation’s Should the Federal Government do the if they continue to sugar this bill and scientific and technological advance- same, our legacy will be an America force it down the throats of the Amer- ments via patents; and even regulate that is undereducated, ill-equipped to ican people. trade between the States that make up compete on a global level. First, a balanced budget amendment this great Union. At the end of the day, What happens to America when both would damage the economy and make the States rely on the Federal Govern- State and Federal Governments can’t recessions deeper and more frequent. ment, much like the citizens of the make the investments in the education Under a BBA, Congress would be en- United States. our youth need to compete at the glob- forced to adopt a rigid fiscal policy re- Alas, Mr. Speaker, since this logic al level? When our State and national quiring the budget to be balanced or in doesn’t seem to carry with my conserv- capitals are both hiding behind bal- surplus every year regardless of the ative friends, I would like to point out anced budget amendments? What hap- current economic situation or threat a few technical problems with this im- pens to America? to the Nation’s security. A sluggish pressively mature ‘‘the States do it’’ The ones who will suffer won’t be the economy with less revenue and more argument. On its face, I’m willing to conservatives pushing for this amend- outgoing expenditures creates a deficit, say this may be true. Nearly every ment. It will be our poor, our children, as we’ve seen from recent events. A State in the union has some form of a our veterans, our elderly, the disabled, deficit necessitates economic stimula- balanced budget requirement. Unfortu- the America that doesn’t have an in- tion in order to reverse negative nately, however, this has not kept terest in corporate tax rates, subsidies growth. them out of debt. for big oil companies, or whether the This is why in the last session of Con- Furthermore, their amendments have Federal Government or insurance com- gress the American Recovery and Rein- restricted their ability to care for their pany underwrites their flood insurance. vestment Act invested in roads, citizens in times of austerity or emer- Everyday America will suffer. bridges, mass transit, and other infra- gency. Quite frankly, I don’t think The balanced budget amendment is structure. It provided 95 percent of that’s an option for the Federal Gov- the wrong key to the doors of pros- working Americans with an immediate ernment. And in the face of such an perity. It fits inside the keyhole, it tax cut, extended unemployed insur- emergency, I think every constituent seems like a perfect match, but it real- ance and COBRA for Americans hurt we represent would agree. ly doesn’t open the door. We twist it, by the economic downturn through no According to a Forbes analysis of the we shake it, we fiddle with it, but wind fault of their own. If Congress were global debt crisis in January of 2010, up stripping the lock, doing more harm forced to function under a BBA, deficit every single State in the country is than good. And at the end of the day, reduction would be mandated, even carrying some form of debt. These we’ve moved no further, made no more so during periods of slow or debts range from as little as $17 per progress from where we started. stalled economic growth, which is the capita in Nebraska to $4,490 in Con- A BBA is not going to solve Amer- opposite of what is needed in this situ- necticut. ica’s deficit crisis. According to the ation. In fiscal year 2012 approximately 44 Center for Budget and Policy Prior- My Republican colleagues have taken States will face revenue shortfalls. ities, Citizens for Tax Justice, and oth- to finger-pointing about the stimulus Many are desperately looking for ways ers, a Federal balanced budget amend- package. Every day I see a commercial to declare their State bankrupt. Bank- ment would damage our economy by laughing about the embarrassing and rupt. I say it again, Mr. Speaker, be- making recessions deeper and more fre- painful ways it failed to push our econ- cause this proposed amendment would quent, heighten the risk of default, and omy out of recession. I find it funny place the Federal Government in an jeopardize the full faith and credit of that no one has talked about what equally unacceptable predicament. the U.S. government, lead to reduc- would have happened without it. For instance, in Rhode Island, judges tions in needed investments in the fu- and court workers have cut pay and Here in the Halls of Congress, we’re ture, favor wealthy Americans over expected to legislate on a vast number left 53 positions unfilled. This is still middle- and low-income Americans by not enough to balance their budget. As of issues; but we always try to take our making it far more difficult to raise advice from the experts. And the ex- a desperate last resort, the chief jus- revenues and easier to cut programs. It tice has begun to dispose of cases on perts, the economists, told us we would weaken the principle of majority should have done more. backlog. Literally, the judge is tossing rule, making balancing the budget The BBA risks making the Nation’s them out. Florida is in the same pre- more difficult. recessions more common and more cat- dicament. And no one, to my satisfaction, not astrophic for middle class families, This past week I spoke to the Federal on the Democratic side and not on the senior, veterans, the disabled, the poor. courts in the Northern District of Illi- Republican side, has explained to me Under such an amendment, Congress is nois. Federal workers being laid off and yet what qualifies a Federal judge to stripped of any power to adequately re- furloughed, and men and women who intervene in this budget process and spond. have pensions and long investments in make a judgment about what programs the system being told that the Federal to cut. Secondly, a BBA would risk default courts in the Northern District of Illi- and jeopardize the full faith and credit nois can no longer sustain themselves. b 2010 of the United States. We’ve already I told them I would bring their message Do they have degrees in economics? been down this road. We already know back to this Congress. Have they studied programs? Have how dangerous that turn really is. In If this Congress can spend billions of they studied the needs of constituents August, we teetered on the brink of de- dollars to fight a war in Afghanistan around the country? Have they been to fault playing political games and and Iraq, we can spend billions of dol- Appalachia? Have they been to the pointing fingers. We couldn’t pass a re- lars on scientific exploration, we can barrios, the ghettos, and the trailer spectable debt ceiling increase, and we spend billions of dollars to put a man parks of our Nation? only needed a simple majority to do so. on the Moon, why can’t we find the What qualifies a Federal judge to de- A balanced budget amendment would money in this Congress to put a man or termine when someone’s benefit or as- bar the government from borrowing a woman on their own two feet right sistance should not be given to them? funds unless a three-fifths vote in both here in America? Nothing qualifies them, and yet this Houses of Congress permitted a raise in My colleagues across the aisle are so Congress votes tomorrow to change the the debt limit. Under such a scenario, concerned about handing our children Constitution of the United States as if we wouldn’t have been able to raise the and grandchildren any amount of na- their opinion should matter in this par- debt limit in the last debate. A budget tional debt that they fail to realize we ticular process. crisis in which a default becomes a are setting future generations up for Mr. Speaker, I want to go into a lit- threat is more likely and because of failure. States are already cutting too tle bit more detail about these faults the limits placed on the fluidity of the many services that make the American because I need my colleagues to under- debt ceiling, that default becomes workforce strong and competitive. stand the level of damage they’ll cause more likely to occur.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.122 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7811 After the chaos we just experienced a The Reagan administration neglected the means to survive. This will further few short months ago after the down- and cut back our Nation’s investment reinforce the growing gap between the grade of our Nation’s credit rating, not in infrastructure, education, health rich, the rest of our society, middle because of our debt but because of our care, housing, job training, transpor- class, working poor, and the destitute lack of ability to lead and govern, I tation, energy conservation, and more. alike. would think, Mr. Speaker, that we The inclination of most conserv- b 2020 would try to avoid an identical future atives in both parties—I’m not picking situation. A BBA would exacerbate the on Republicans today—in both parties, The BBA insists that the total gov- same issues we saw in the August debt is to cut the debt by cutting programs ernment expenditures in any year, in- cluding those for Social Security bene- ceiling debacle. for the most vulnerable amongst us— Third, Mr. Speaker, a BBA would our poor, our children, our elderly, our fits, not exceed total revenues col- lead to reductions in needed invest- disabled, and minorities. This ap- lected in that same year, including rev- ments for the future. Since the 1930s, proach, however, has proven false too enues from Social Security payroll our Nation has consistently made pub- many times. A balanced budget amend- taxes. Thus, the benefits of the baby boomers would have to be financed in lic investments that improve long- ment would take us back to this ar- full by the taxes of those working and term productivity and growth in edu- chaic and ineffective system perma- paying into the system then. This un- cation, infrastructure, research and de- nently. dercuts the central reforms of 1983. velopment. These efforts encourage in- Fourth, Mr. Speaker, a balanced Finally, Mr. Speaker, the BBA weak- budget amendment favors wealthy creased private sector investment lead- ens the principle of majority rule and Americans over middle- and low-in- ing to budget surpluses and a thriving makes balancing the budget much come Americans by making it harder economy. more difficult. Most balanced budget A balanced budget amendment which to raise revenue and easier to cut pro- amendments require that, unless three- requires a balanced budget each and grams. Under current law, legislation fifths of the Members of Congress agree every year would limit the govern- can pass by a majority of those present to raise the debt ceiling, the budget ment’s ability to make public invest- and voting by a recorded vote. must be balanced at all times. They ments, thereby hindering future The BBA requires that legislation also require that legislation raising growth. raising taxes must be approved on a taxes must be approved on a roll call For years, conservatives have abused rollcall vote by a majority of the full vote by a majority of the membership. the debt and the deficit as a spring- membership of both Houses. Before I Mr. Speaker, in no way is this an ex- board from which to argue for smaller even finish this point, Mr. Speaker, I haustive list. I know that my time is government and cuts to programs that want to make this point: look at the up, but this is my second attempt to serve as social safety nets to the Amer- supercommittee. Look at what they’re bring my conservative friends to their ican families. Although we must con- wrestling with. We don’t even have a senses. The only parties served by a sider the debt and deficit, the larger balanced budget amendment. Look at balanced budget amendment are cor- and more significant issue is the na- who they’re targeting. Look at the em- porate interests and the wealthy, ture of the debt and what it created. phasis of their cuts. whom they seem to be serving instead If you invest $50,000 in a business, a So instead of a balanced budget of everyday working Americans. house, or an education, you can expect amendment in the Constitution, we al- My answer is ‘‘no,’’ Mr. Speaker, to future returns on your investment. If ready see that Congress is ineffective the balanced budget amendment to- you invest the same $50,000 in a gam- in light of what we’ve already passed. morrow. My answer is ‘‘yes’’ if my col- bling debt, what is the future return? Imagine if it were a constitutional re- leagues agree there is no way that they Both expenditures result in a $50,000 quirement. can pass the balanced budget amend- debt. But only one results in a return The point is so simple, Mr. Speaker. ment unless we, ourselves, agree that that can transform that debt into a The BBA would make it harder to cut we must invest, build, and grow this long-term asset or gain. the deficit by curbing special interest economy and work our way out of this Social investments provide the po- tax breaks of the oil and gas industries problem as Americans. tential for greater returns in the long and making it easier to reduce pro- Mr. Speaker, I yield back the balance run in the same fashion as personal in- grams such as Medicare, Medicaid, So- of my time. vestments. Even small expenditures on cial Security, veterans benefits, edu- f social programs lay a foundation for cation, environmental programs, and great wealth in the long term. If the assistance to poor children. GOP DOCTORS CAUCUS: THE EF- Nation chose to invest over a 5-year pe- Wealthy individuals and corporations FECTS OF THE AFFORDABLE riod $1.5 trillion in building roads and receive most of their government bene- CARE ACT ON AMERICA’S HOS- bridges and airports and railroads, fits in the form of tax entitlements PITALS mass transit, schools, housing, health while low-income and middle-income The SPEAKER pro tempore. Under care, we would create a debt. But the Americans receive most of their gov- the Speaker’s announced policy of Jan- increased ability of companies to inter- ernment benefits through programs. uary 5, 2011, the gentlewoman from act and shift their goods over well- As evidenced by the cuts that both New York (Ms. BUERKLE) is recognized paved and planned roads, the new busi- parties agreed upon recently, it’s far for 60 minutes as the designee of the nesses that would sprout around fresh- easier to cut social welfare programs majority leader. ly built or newly expanded airports, than to cut spending on our military or Ms. BUERKLE. Thank you, Mr. the high wages of a student who is to increase taxes. As long as spending Speaker. well-educated and able to attend col- is a political issue, cuts to those pro- Here in Washington, we are divided lege resulting in more tax revenue, the grams that assist those with the small- on many issues, but whether we are a improved productivity of employees at est voice in Washington will always Republican or a Democrat, Members of their healthiest would eventually re- happen first. Congress recognize the essential role sult in greater returns for our country. Raising taxes, the only option to ad- that our hospitals play in our commu- The extension of Bush-era tax cuts dress a budget deficit aside from cut- nities. for corporations and the rich brought ting programs, is already a burdensome Hospitals provide care for the sick, about some short-term stimulus for issue. The additional requirements of a and the clinics provide essential care consumer spending; but similar to the BBA further complicate the process of to many. They are engaged in impor- Reagan tax cuts, which resulted in raising taxes. This means the richest tant medical research, and teaching record government deficits and debt, Americans will likely keep the benefits hospitals are educating doctors and the long-term damage outweighs the they receive from our government via nurses to provide care for future gen- immediate effects. Reagan’s tax cuts tax cuts. erations. In many districts across the for the rich came at the expense of in- Meanwhile, the poor, they lose their country, including mine, New York’s vesting in our Nation’s need for long- programs that provide them with hous- 25th Congressional District, our hos- term, balanced economic growth. ing, with food, with health care, and pitals are our major employers.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.124 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7812 CONGRESSIONAL RECORD — HOUSE November 17, 2011 They’re perhaps the largest single em- district, the 11th of Georgia, for some of change, that would be one thing; but ployer a congressional district may 26 years. I don’t believe the government can have. In our hospital system there, in the change health care. The health care sector constitutes main town in Cobb County, Marietta, The Affordable Care Act affects our nearly 18 percent of the United States’ Georgia, where we have lived for the hospitals and our providers. This is not economy, and it is one of the more sta- last 36 years, just as in Congresswoman a Republican or a Democratic issue, ble portions of our economy. American BUERKLE’s district, the hospital system but an American one—as access to hospitals employ more than 5.4 million is one of the main drivers of the econ- health care affects every American. people; and as hospitals and hospital omy—that and the public school sys- b 2030 employees buy goods and services from tem. The hospital systems are employ- other businesses, they create addi- ers, and we sometimes forget that. Mr. Speaker, I yield now to the gen- tional jobs. The economic impact is I think, as a physician, a lot of times tleman from Michigan, Dr. BENISHEK. felt throughout the community. Hos- I may be guilty of concentrating on Mr. BENISHEK. I thank the gentle- pitals are a vital part of our local and issues that mainly affect my col- woman for yielding to me. our national economy. In New York leagues in the medical profession—the Mr. Speaker, I have spent 28 years as State, particularly in my home dis- practitioners, the MDs; yet Congress- a physician practicing rural medicine, trict, hospitals are the largest single woman BUERKLE is pointing out—and I even serving on the board of my local employer. know she has got a number of posters hospital. I am well aware of the great I want to call your attention to this and slides for us to look at tonight— financial difficulties most rural hos- chart, Mr. Speaker, with data provided the devastating effects that the so- pitals and clinics experience each year. by the Hospital Association of New called Affordable Care Act—the Today I was pleased that the State of York, which shows the importance hos- unaffordable care act, indeed—has had Michigan celebrated Rural Health Day. pitals have on my district’s local econ- on our hospitals like hers, the four hos- On behalf of the thousands of omy. Five hospitals in my district em- pitals in the 25th District of New York, Michiganders that call small towns and ploy over 18,000 people. Together, pay- and on the WellStar Health System farming communities home, my roll and purchases in my district alone and its, I think, six different facilities State’s Governor chose to recognize amount to over $2.4 billion. They gen- in the metropolitan Atlanta, Cobb the hospitals and community-based erate over $100 million in State and County area. It is devastating. centers that provide for the diverse and local income sales taxes. This is in my So I really appreciate the oppor- unique health care needs of these district alone with regard to the eco- tunity to join with her tonight, along areas. Tonight I would like to join the nomic impact of our hospitals. with some of my other colleagues in State of Michigan in raising awareness Looking at New York State as a the House GOP Doctors Caucus, to about the importance these providers whole—and I hope some of my New make sure that people understand that bring to the communities that I rep- York colleagues will join me here to- it’s not just the doctors and the health resent. night—the hospitals contribute nearly providers outside of the hospitals who While we recognize the importance of $108 billion to our State and our local are suffering because of this rural health today, I would be remiss if economies. Mr. Speaker, it is no exag- unaffordable care act, but it’s our hos- I did not mention one of the great rural geration to say hospitals are a main- pital systems all across the Nation. health facilities in my district. Many stay of our New York State economy; I thank the gentlelady for yielding to of my colleagues may have visited the so when our hospitals are hurting, the me, and I plan to be with her during Straits of Mackinac during a summer effects extend to the entire commu- this next hour. vacation, or perhaps they’ve seen the nity. Our hospitals are under assault. Ms. BUERKLE. I thank the gen- Mackinac Island featured on a ‘‘Pure Not only will it affect our local and tleman from Georgia for being here Michigan’’ ad. The Rural Health Clinic State economies, but it will also affect this evening. in St. Ignace is the single largest em- access to health care, to some of the Mr. Speaker, as my colleague men- ployer in the community, supporting most basic services that our hospitals tioned, the President’s Patient Protec- not only the local township but, in ad- provide to our communities. tion and Affordable Care Act, which be- dition, the 900,000-plus seasonal visitors I now yield to the gentleman from came law in March of 2010, included that depend upon the hospital for serv- Georgia, Dr. GINGREY. some welcome provisions, such as al- ices each year. Mr. GINGREY of Georgia. I thank lowing people to stay on their parents’ I recently received a distressing let- the gentlelady from New York for insurance until the age of 26 and pro- ter from Mr. Rodney Nelson, the CEO yielding to me. hibiting insurers from denying cov- of Mackinac Straits Health System. Mr. Speaker, as I think most of my erage based on preexisting conditions. Mr. Nelson is very worried about the colleagues know, Congresswoman These positive provisions, which pro- impact Medicare cuts may have on his BUERKLE is a member of the House ponents quickly point to when facing patients, employees, and ultimately GOP Doctors Caucus. There are 21 of criticism, are far outweighed by the the ability to keep the doors to the us, all health care providers—some doc- negative consequences that the Afford- hospital open. Mr. Speaker, the Mack- tors, some nurses, some dentists, some able Care Act has on our providers and inac Straits Health System is one of 25 psychologists. We’ve got a really good, the health care system. hospitals in my district that is consid- diverse group that has—I would hate to These measures could have been ac- ered either critical access or sole com- say, Mr. Speaker, the total number of complished in a much simpler manner. munity hospital. Of these, 56 percent years of clinical experience that we all I say to you, Mr. Speaker, so many are already operating in the red. have in the aggregate, but it’s several roads are paved with good intentions, Unlike urban areas, my constituents hundred. I have thoroughly enjoyed but the unintended consequences are often do not have another option when having Congresswoman BUERKLE as a devastating to our hospitals. seeking health care. In the case of the member of the House GOP Doctors As a health care professional, my op- St. Ignace Hospital, the next closest Caucus. She is a Registered Nurse, who position to the Affordable Care Act has clinic is 50 miles away. What you may has worked for years in hospitals in the never been solely based on philo- not know, Mr. Speaker, is that caring New York area. sophical grounds, but on strategic and for patients in rural facilities is far As she has pointed out, the four hos- tactical ones. Most Americans—myself more economic than providing urban pitals in her district are probably, if included and my colleagues here in care. In fact, rural patients cost less to not the major employer, one of the Congress—recognize that health care treat in eight of the nine CMS regions. major employers; and it’s so important needs to be reformed and that health As my colleagues and I discuss pos- to her community, the 25th District of care costs continue to rise. We need to sible ways to trim the budget, I feel it’s New York. That is so true, Mr. Speak- figure this out. We disagree as to what important to remember that without er, across so many of our districts. I the health care reform should look rural hospitals, many of my constitu- happen to be an OB/GYN physician, like. If I thought that the Federal Gov- ents would not have access to medical having practiced in my congressional ernment could be the necessary agent care. A 2 percent reduction in Medicare

VerDate Mar 15 2010 06:51 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.126 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7813 spending is estimated to cost 389 jobs Mr. GINGREY of Georgia. I thank ber of years, so I know up close and in my district as a direct result of the the gentlelady for yielding to me. personal how these issues have affected cuts to rural hospitals. If this number I wanted to take an opportunity, Mr. and will affect our hospitals and our were raised to 10 percent, the figures Speaker. I have an article from the At- providers. And despite the best inten- would only get worse. At that point, 76 lanta Journal-Constitution, Atlanta’s tions of this health care law—whether percent of the hospitals would be oper- main newspaper—this was several we disagree with it or we agree with ating in the red; and the total impact months ago—referencing one of our it—despite the best intentions of this is expected to be nearly $68 million, best hospitals, Piedmont Health Care. health care law, what we are seeing are with 1,900 jobs affected. Mr. Speaker, I The title of the article is ‘‘Piedmont the unintended consequences. don’t need to tell anyone that northern Health Care Cutting 5 Percent of Work- b 2040 Michigan can’t afford to lose another force.’’ And this is what Misty Wil- 1,900 jobs. liams of the Atlanta Journal-Constitu- The fact that our hospitals, our Mr. Speaker, if we force these cuts, tion says in this op-ed piece: health care providers, will not be able not only will we lose these jobs, but we ‘‘Faced with a rising number of unin- to proceed, will not be able to perform will lose access to many people’s sole sured patients and unknown impact of the services that our communities need source of health care. We are forcing the new health care law’’—that would and expect and have come to expect. rural patients to travel longer dis- be the so-called Affordable Care Act— That certainly wasn’t the intent of the tances to seek more expensive care. ‘‘Piedmont Health Care announced health care law, but ladies and gentle- This just costs everyone more money. Thursday evening’’—this was 5 months men and Mr. Speaker, that’s exactly what is happening. I urge my colleagues to exercise cau- ago—‘‘plans to cut 464 jobs as part of I would like to yield and recognize tion when considering reductions to an effort to save an estimated $68 mil- the gentlewoman from North Carolina. Medicare programs, especially those lion. Totaling roughly 5 percent of its specific to physicians, critical access, Mrs. ELLMERS. Thank you, Con- workforce, the cuts include 171 posi- gresswoman BUERKLE, for holding this and sole community hospitals. tions that were vacant or altered be- Ms. BUERKLE. I thank the gen- Special Order tonight, along with my cause of scheduling changes. Layoffs colleagues on the Doctors Caucus. And tleman from Michigan. are coming from across the board, in- Mr. Speaker, we’ve touched upon it, thank you, Mr. Speaker, for being here. cluding Piedmont’s four hospitals, phy- and I want to continue having this con- We are all here because we are health sician groups, heart institute and cor- versation about the effect that the Af- professionals. We know the real world porate division, spokeswoman Nina fordable Care Act is going to have on of health care, and we know the real Day said.’’ our hospitals in our Medicare popu- world solutions. It’s the reason I’m And I quote Ms. Day: ‘‘This is heart lation. Now, Mr. Speaker, you may here in Washington now, that and the wrenching. This is not easy stuff when have heard over and over again from fact that I’m concerned about where you’re talking about people.’’ our colleagues from the other side of the future of the country is going for ‘‘The move is, in part, a reaction to the aisle, demagoguing our budget pro- our children. hurdles’’—the hurdles that Congress- posal that came out in April. They say Many times in our health care prac- woman BUERKLE and Congressman we want to kill Medicare; we want to tice as a nurse and in my husband’s BENISHEK were just talking about—‘‘to kill Social Security; we don’t care surgery practice as small business own- hurdles many hospitals are facing, in- about our seniors. ers, over time we have always looked Tonight I stand here, Mr. Speaker, cluding a growing number of uninsured at these issues, whether we’re talking and I tell you, and I want to tell the patients, a new State hospital bed tax, about Medicare, whether we’re talking American people, that the Affordable anticipated cuts to Medicare reim- about the possibility of having real, Care Act, in fact, cuts Medicare spend- bursements, and the Medicaid expan- good, concrete tort reform, all of these ing by $500 billion. Those are actual sion in 2014.’’ different issues that we’ve said if we cuts that are now in the Affordable The article goes on, talking more and could put these in place, health care Care Act, or what is known as the more about how devastating this would could have a much more solid founda- health care law. One of the most nega- be. And in conclusion—without reading tion moving forward. tive effects is the result of reductions the entire article—I’ll finish up and We already know that we have the in hospital Medicare payments and the then yield back to my colleague. best health care in the world. But CMS code, offsetting reductions to hos- The last paragraph of this article by being in the industry, having that pital payment plans. Ms. Williams: ‘‘While hospitals will get small business and understanding I have a chart here, Mr. Speaker. And more insured patients as a result of the where Medicare and Medicaid reim- as I go through my notes, I want it to Medicaid expansion in 2014, it’s a big bursements—which were down—were be clear that you can see 2010 and what trade-off with Medicare cuts. State of- going, you have to ask yourself, how happens to Medicare reimbursements, ficials have estimated Georgia’’—my can this continue? How can we provide down until 2018. Our hospitals can’t State—‘‘could add more than 600,000 health care into the future? Well, of sustain these cuts. The five hospitals enrollees to its Medicaid program as a course we know that the health care in my district have come to me, and result of this expansion.’’ Again, under bill was passed in the 111th Congress, they said, This Affordable Care Act— ObamaCare. ‘‘It’s a challenge in time and now we are seeing the effects of it. and many of these hospitals were big just trying to navigate all of these One of the effects, as you’ve pointed proponents of the Affordable Care Act changes.’’ out, are to our hospitals. You know, because they know in our country we Again, it’s just so important that it’s important that we are able to ar- need to reform our health care system, we’re having the opportunity tonight ticulate this to the American people, we need to make some changes, so they on behalf of our leadership to tell our connecting the dots. were in support of the law. colleagues on both sides of the aisle— When we talk about the importance But what they didn’t realize was this Congresswoman BUERKLE moments ago of why ObamaCare is devastating to law is going to cut their Medicare re- said, It’s not a Democrat or a Repub- physicians, it’s because it affects their imbursements, which so many of them lican issue. It’s a people issue. It’s a ability to be reimbursed for their serv- depend on. It’s the mainstay—by 28.6 community issue. And it’s devastating. ices. When Medicare will be cut—as we percent. I’ve had hospitals in my dis- And it’s sad news that we’re bringing know in ObamaCare, it was cut by $500 trict say to me, We cannot sustain to our colleagues, but we need to do billion. Today our seniors are saying to these cuts. We will go bankrupt. Be- that. And the American people need to us, we’re worried that you’re going to cause you see, Mr. Speaker, it’s not understand what’s coming. The worst cut our benefits. Well, their benefits only this Medicare, the reduction in has not yet hit. will not be cut by any of us in Wash- these rates, but it also is a series of Ms. BUERKLE. I thank the gen- ington. However, because the dollars other cuts which we will get into as the tleman from Georgia. have been taken out in a significant evening proceeds. I have spent most of my professional amount, Medicare will have to say, I I yield to the gentleman from Geor- career in the health care industry. I don’t know what we’ll cover. What are gia. have represented a hospital for a num- we going to cover?

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.128 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7814 CONGRESSIONAL RECORD — HOUSE November 17, 2011 And as we know, again, in the Presi- after State-run health insurance ex- them whole because of their mission. dent’s health care bill, the 15-person changes begin offering coverage under And isn’t that what we want? We want panel has been put in place. This 15- the health care law. There again, once to make sure—and wasn’t that the person panel will decide what Medicare again, it will become the government original intent of the health care will and will not pay for. That will be paying for it, which is paid for by the law?—to make sure that there was ac- direct payments to hospitals, not just American taxpayers’ dollars. We sim- cessible care for all Americans. But physicians but hospitals, based on the ply cannot continue on this path with here again we reached the unintended services that they’re providing. And if health care or any other issue. It has to consequences, and the effect that this they decide that a service cannot be come with free-market solutions, and law is going to have on our hospitals. paid for, there are penalties that can be we have those solutions and we are b 2050 assessed. ready to put those in place. There are solutions to this issue, and I just, again, want to reassure our There is a $7.1 billion reduction for I pointed out one would be significant seniors who are receiving Medicare now readmissions. We will talk about that tort reform. Not only for our physi- or in the near future that we are doing in a little bit. Hospitals, and many of the ones in cians, but again for hospitals. Why is everything we can to rescue Medicare my district, and I know throughout that important? Sometimes I’m afraid from the President’s health care bill this country, they are heavily depend- we don’t explain well enough to the and put those necessary pieces in place ent on Medicare and Medicaid dollars. American people why something like so that we can continue those services And with that narrow margin, Medi- malpractice reform would help the sit- into the future that they have paid for care and Medicaid don’t even cover uation. their entire lives. their costs. And so there’s such a small Well, we know that in our Nation’s I again thank my colleague from New margin for them to operate that hospitals if you go into the emergency York for holding this Special Order. there’s really little capacity for im- room, you’re going to receive care Ms. BUERKLE. And I thank the gen- provements. Realistically, hospitals— whether you can pay for it out of pock- tlelady from North Carolina for being especially teaching hospitals and hos- et or not, whether you have an insur- here this evening. pitals that are treating the under- ance card or not, whether you’re on I would just like to continue on be- served—cannot bridge that gap, and Medicare or Medicaid, it doesn’t mat- cause of my concern, and I know my they won’t be able to bridge that gap colleagues have such concerns, about ter. You’re going to receive the care. because of this new health care law. The problem is someone does have to the health and the well-being of their Hospitals must be able to invest in pay for those services because services hospitals. As I mentioned earlier, they their infrastructure. Having such a are rendered. You go into the emer- are the largest employer in my dis- narrow margin and/or no margin oper- gency room, and many tests are or- trict. We refer to it as ‘‘eds and meds.’’ ating in the red, they’re not going to dered. Physicians order more tests out We have a large university there and be able to do that. They’re not going to of pure fear for missing something. You some colleges, but we also have five be able to invest in infrastructure, sys- can’t go into an emergency room and hospitals in my district. So our reli- tems improvements, new techniques to get the good care that you need to get ance for our local economy and for our reduce hospital-acquired infections, if you cannot identify the problem. So State economy is just so very impor- new models of delivering health care as we know, physicians and hospitals, tant. and electronic health records. physicians and doctor’s offices, tend to I want to talk a little more about And I want to talk about electronic cover all their bases rather than sim- what this health care law is going to do health records because they were man- ply relying on the medical education to Medicare and do to our hospitals. dated in the health care law. The Af- that they have received, the ability to There is $112 billion in reduced market fordable Care Act mandates that hos- diagnose with just that—with the abil- basket updates to hospitals. There is a pitals must move to electronic health ity of their practice. $36 billion reduction to Medicare and records. Now, from a patient safety So here we are. We talk about health Medicaid disproportionate share hos- standpoint, that’s a good thing, but care costs every day, and the esca- pital payments. getting hospitals up to speed and get- lating cost of them. A good contributor Now, Mr. Speaker, disproportionate ting them ready for business has very to that is another piece of the Presi- share may sound a little confusing. I’m high IT costs for our hospitals. So, dent’s health care bill which basically going to explain what that is. In a dis- again, you’ve got this health care law puts a tax on all medical devices. Well, trict such as mine, we have hospitals mandating electronic records, and think about the cost for any hospital, that have missions. And I’m sure you’ve got these drastic cuts to our any provider. What do we do in hos- across the country, many hospitals hospitals in their Medicaid and Medi- pitals? We do surgery. We provide have missions. They want to make sure care reimbursements. health care. These are medical devices. that the indigent population, folks who I yield to the gentleman from Geor- These are instruments that have made can’t afford insurance, who are self- gia. our lives better and help us live longer, pays or maybe are on Medicaid, that Mr. GINGREY of Georgia. Mr. Speak- but yet now they will be taxed. This is they have access to quality services. So er, I thank the gentlewoman for yield- a tax that will have to be assessed. the government says to these hos- ing once again. Someone will have to pay for it. If the pitals, we understand that Medicaid re- Just a few minutes ago, one of our effort is truly to decrease the cost of imbursements or self-pay patients will colleagues spoke also about this prob- health care, how can we continue by not cover your services. So what we’re lem with hospitals, Representative increasing the cost? It doesn’t make going to do is, we’re going to try to ELLMERS from North Carolina, who sense. It doesn’t add up. make you whole with this dispropor- knows of what she speaks. She works So again, the importance is for us to tionate share. Mr. Speaker, the health in an office with her husband, a general connect the dots for the American peo- care law eliminates the dispropor- surgeon. They see patients every day in ple; to show that if we are able to pull tionate share for hospitals, and so hos- the office, but they also have a largely back on ObamaCare, that we are able pitals that have a high indigent popu- hospital-based practice because it’s to remove it, repeal it, as we have al- lation or a high number of self-pay pa- surgery and you just don’t do that in ready voted here in the House, then we tients or those who are on Medicaid, the office. But she had listed some of can make the significant changes. they are not going to get that dis- the things in ObamaCare, in this so- There is one more point that I would proportionate share. called Affordable Care Act, Patient like to touch on, and it has to do with The hospital in my district came Protection and Affordable Care Act of the ability to pay for services. There down here. It is a large teaching insti- 2010, when it was passed a year and a was a consulting firm, Mercer Con- tution. They made a special trip down half ago. sulting Company, and they did a study here to tell me that provision of the We all realized that this was a new that shows that 9 percent of employers health care law will bankrupt them. entitlement program, Mr. Speaker, and with 500 or more workers say they are They probably receive somewhere the American people need to under- likely to cancel health benefits in 2014 around $80 million a year to make stand that it’s not about strengthening

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.129 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7815 and saving Medicare for our seniors. iors because this law, in fact in 2014, able and what’s not avoidable readmis- That entitlement program is strug- will begin to gut Medicare. I again sion. So sometimes a hospital may dis- gling mightily. And as Representative would look at this chart and the Medi- charge a patient and it was premature, BUERKLE mentioned, to take $500-plus care reimbursements. There will be no or something wasn’t done and the pa- billion out of that program to pay for hospitals that will be able to provide tient needs to come back. And cer- a whole new entitlement program, health care. If you look at what the tainly that should be considered, and ObamaCare, for in many cases the trend is for Medicare reimbursements we should figure out what went wrong young and healthy, and also to put to our hospitals, they cannot continue because readmissions are expensive, some of the burden of paying for that to exist based on what is set forth in and so Medicare doesn’t want to pay new entitlement program on the Med- the Affordable Care Act. for them. And I understand that. How- icaid program, the safety net program I spoke with the CEO of one of our ever, some readmissions are unavoid- for the poor, it only weakens that pro- local hospitals, Crouse Hospital in Syr- able, and a hospital shouldn’t be penal- gram. So you literally gut Medicaid for acuse, and he spoke with one of my ized for an unavoidable readmission; the poor and the disabled and Medicare health care staff; and he indicated to and yet the Affordable Care Act does for our senior citizens, when both pro- us today that Crouse Hospital, one hos- exactly that. grams need strengthening and saving, pital in the district, is facing a pro- The Secretary of the Department of not gutting. jected loss of $18 million in reimburse- HHS, Health and Human Services, It was this whole idea of having ment reductions. That number goes to which has the authority now to expand Medicare for all, really, or national access to care. We can have the most what were three diagnoses, now has the health care, there are all kinds of eu- comprehensive health care law on the authority to expand that list of condi- phemisms to describe this, especially, books, but if we don’t have hospitals tions with regards to readmissions. not the least of which is the name of it, who are able to provide that care, and Hospitals nationwide, Mr. Speaker, are the Affordable Care Act. And as I said we don’t have physicians who are able projected to face more than $7 billion earlier, Mr. Speaker, and I know my to provide that care, we will have ac- in Medicare reductions over 10 years colleague from New York would agree cess-to-health-care problems. because of this policy, $7 billion to our with this, it is the unaffordable care Mr. Speaker, earlier I talked about hospitals. act. And both she and Representative hospital readmission penalties. This is We began this discussion tonight, Mr. ELLMERS from North Carolina said, another concern hospitals have to deal Speaker, talking about the importance look, we know on both sides of the with. And tonight we’ve talked a lot to our local economies, the employ- aisle that health care in this country is about what the Affordable Care Act ment numbers, what hospitals pay into too expensive, and we need to go about will do to hospitals, the effect that it our community with their purchases changes that will lower the cost and will have on our hospitals, the drastic and with their employees, the taxes not hurt the quality. And we can do cuts in Medicare and Medicaid reim- that they give back to the community; that. bursements and the disproportionate and now we’re talking about cutting President Obama keeps denying that share being eliminated. them again because of this policy. there are any ideas and certainly didn’t But our hospitals are under assault You know, the issue of hospital read- listen to the physicians in this body or from all sides, and that’s part of the mission is complex, and I hope I did a the health care providers or physicians difficulty. Maybe they could somehow good enough job tonight of explaining and the nurses that said, look, let us figure out how to deal with these cuts it. And while health care providers come over and sit down and talk with in the Affordable Care Act; but taken agree there’s always room for improve- you or any of your folks in the Execu- in its totality, our hospitals are having ment across the continuum of care, re- tive Office of the Presidency and let us a very difficult time. In fact, as I men- admissions occur for many reasons. explain, because we have—and I said it tioned earlier, many are concerned And punitive action via reduced reim- earlier—several hundred years of clin- that they will be unable to sustain and bursements is not only counter- ical experience. We do have some ideas, unable to continue on with their serv- productive, but it’s also potentially and we really believe we want to be ices, given the whole assaults that are harmful to our hospitals, to our pa- part of the solution and not part of the coming from all directions. tients, and to our communities. problem. And this actually is part of the Af- Mr. Speaker, as we work hard to But my colleague who is leading the fordable Care Act. It establishes a pu- make sure our seniors get the Medicare hour and doing such a great job of it, I nitive policy for our hospitals when benefits from the system that they know she will agree that I haven’t been they readmit a patient. And I will ex- have paid into—and, Mr. Speaker, I called, I haven’t been invited over. I plain that, Mr. Speaker. Under the want to emphasize that over and over will ask my colleague and yield back health care law, the Affordable Care again during the course of this hour, to her and ask her the same question. Act—we call it the Affordable Care our seniors have paid into Medicare, And I know what the answer will be. Act, we call it ObamaCare, we call it into the health care system all of their Again, the important thing for our many things—but under this new law life. And now, as they reach the Medi- colleagues, Mr. Speaker, to understand, that is taking effect gradually, under care eligibility age, they deserve to get is that the creation of this new pro- this to their expected readmission Medicare coverage that they expect, gram, this new entitlement program so rates, if even more than one readmis- that they deserve, and that they’ve that everybody can get health care, sion occurs—and that readmission paid into. whether they want to buy health insur- means that you discharge a patient, But this health care law, this $500 ance or not, is so detrimental to Medi- the hospital sends a patient home and billion cut to Medicare, is going to care and Medicaid that I fear for the then for some reason they have to change that for our seniors. It’s not the future of those programs. I really, real- come back. If that happens with one of budget proposal in April that’s going ly do. three diagnoses within the Medicare to—that was a budget proposal. And That’s what it’s all about here to- scheme, the hospital will be penalized you’ve heard my friends and colleagues night, to take an opportunity to ex- for all of the Medicare reimburse- across the aisle demagogue our budget plain so people really understand the ments, not just that one case where proposal in April, saying we want to ultimate consequences of this. there was a readmission, but all of the cut benefits to seniors, Medicare, and Ms. BUERKLE. I thank the gen- Medicare reimbursement cases. You Social Security. tleman from Georgia. can imagine the magnitude and how The fact is, Mr. Speaker, this health Mr. Speaker, I want to just empha- that will affect Medicare reimburse- care law, passed into law in 2009, will size again with regards to this health ments. devastate Medicare. And our seniors, care law and the fact that this law— Mr. Speaker, should be very, very con- and, Mr. Speaker, this is a law, this b 2100 cerned about this Affordable Care Act. isn’t a budget proposal, this is a law— The other part of this provision in Not only will it affect our hospitals—as guts Medicare by $500 billion. It should the health care law is that it really we’ve spent so much time talking be of concern, Mr. Speaker, to our sen- doesn’t discern between what’s avoid- about tonight—but it will also affect

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.130 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7816 CONGRESSIONAL RECORD — HOUSE November 17, 2011 the care and the access to care for our ger the ability of teaching hospitals to timate is 150,000 doctors in the next 15 seniors. train physicians. We must face the fact years—a shortage of that many, it will Hospitals, Mr. Speaker, already oper- that cuts to graduate education would discourage this access to health care ate on such thin margins, and we result in fewer practicing physicians and will result in the longer waiting talked about this earlier, that for and ultimately reduced access to care, times for patients. many providers, especially specialized which is getting back to why there was Mr. Speaker, in closing, I want to programs, treating patients struggling, an Affordable Care Act. just emphasize a few points this say, with substance abuse or helping I talked about this road paved with evening. And it’s always an honor to be the developmentally disabled, they will good intentions. And now what we are here on the House floor. It’s always an be reduced or they will end those pro- seeing is that our hospitals, our health honor to talk to the Speaker. And to- grams. Hospitals cannot operate on care providers, and the training of phy- night it’s been an honor to be able to such a thin margin and then run the sicians are both going to be signifi- address health care. risk of all of these devastating Medi- cantly and severely impacted to the As a health care professional, I spent care and Medicaid reimbursements. point where access to health care be- years as a nurse and then, as I men- Mr. Speaker, I also want to speak to- comes a problem. And so seniors—not tioned, as an attorney representing a night a little bit about graduate med- just seniors, but all Americans—will hospital. I know that people within the ical education. As I mentioned earlier, have to begin to deal with the fact that health care profession are dedicated. I was an attorney in Syracuse, New primary care physicians, there won’t They have a passion to provide the York, and I represented a hospital that be as many of them. There will be American people, to provide any people was a large teaching hospital. And so I fewer doctors being trained, and for a with quality health care, to make sure know how much they rely on what’s number of reasons. and ensure that they have quality called graduate medical education. We The GMEs and the IMEs going to health care. often refer to it as GME, sort of the ac- hospitals, if there is any reimburse- Mr. Speaker, the United States of ronym for it, the initials. I’m going to America has the best health care in the ment reductions to those, but also the explain what GME is because it’s so world, and so it is so imperative that fact that as a physician goes through important to our hospitals. And even we preserve this health care system. all those years of training and he goes hospitals that don’t have a medical My colleague from North Carolina through 4 years of college, 4 years of school attached to them, we’ll talk mentioned earlier that we voted to re- medical school, an internship, 3 years about some of the reimbursements peal the health care law, the Affordable of a residency, and then if he’s a fellow they get because medical students and Care Act, because it’s not in the best residents train within these facilities. because he wants to specialize, all of interest of good health care. And to- Graduate medical education is the those years, and then they go into night you heard, Mr. Speaker, from training medical school graduates re- practice. And you see what the Afford- several of my colleagues who are ceive either as a fellow or an intern or able Care Act, you see what all these health care professionals who dedi- a resident. Medicare is the largest con- assaults are doing on our Medicare and cated their whole lives to providing tributor to the GME. Now, why do I Medicaid reimbursements to physi- medical services to the people in their even bring this up? I bring this up be- cians as well as our hospitals. communities. They care about quality cause we talked earlier about the many Hospitals that are primarily teaching health care. They care about people, assaults on health care providers, the hospitals face an additional challenge and they care that the United States of many assaults that hospitals are con- that could threaten the stability of America has a good health care sys- cerned about. This is not per se in the their institutions. Hospitals that have tem. health care law, so I want to make that residents in an approved graduate med- But we don’t believe that good health clear. But when it comes to cutting, ical education—again, that GME pro- care, access to health care, reasonable when it comes to finding and helping gram—receive an additional payment costs within health care, are going to this terrible national debt that we have for a Medicare discharge to reflect the result from the Affordable Care Act. that is now $15 trillion, often we look higher cost of care. Because they are a The Affordable Care Act, I want to em- to Medicare. And one of the areas in teaching hospital, their cost of care is phasize this one more time, Mr. Speak- Medicare, the low-hanging fruit— higher. er, cuts Medicare to our seniors by $500 whether it’s a hospital or a physician— The regulations regarding the cal- billion. To our seniors, that will be a that seems to be the easiest place to go culation of this additional payment— devastating blow to the services and to rather than really looking at our and I talked about this earlier—is the the access to services that you will health care system, making it a free indirect medical education. This is all have. market, allowing the market to com- very complicated, but what I want to But beyond that, it affects how our pete, getting the government out of say and what I want to make clear, Mr. hospitals can provide care, how our health care and letting folks buy insur- Speaker, is that if these cuts go hospitals will be paid, how our doctors ance across State lines. Rather than through, it has been estimated that it and our young doctors will be trained letting the free market in it, we have will cost GME and IME reimburse- for future generations. This Affordable the government involved. So Medicare ments from Medicare $60 billion. Care Act may have been the most well- is the largest contributor to this GME. b 2110 intentioned law, but it is devastating GME payments, as I mentioned, have for health care and health care delivery been targeted. They’ve become a target This could mean a loss of 2,600 jobs services in the United States of Amer- for recommended budget savings. In and $653 million in State and local rev- ica. 2010, the President’s Simpson-Bowles enue. And, Mr. Speaker, a $10.9 billion Mr. Speaker, hospitals serve us and Deficit Commission recommended lim- loss to the U.S. economy. our communities. The crafting of the iting hospitals’ GME payments to 120 At current graduation and training Affordable Care Act was carried out percent of the national average salary rates, the Association of American with the good intentions of many, as I paid to residents in 2010, and reducing Medical Colleges projects that the Na- said. I don’t want to indicate or imply another reimbursement the hospitals tion could face a shortage of as many that people didn’t have good intentions get, the IME, the indirect medical edu- as 150,000 doctors in the next 15 years— with this Affordable Care Act, but they cation, by 60 percent, from 5.5 to 2.2 150,000 doctors. approached it from the wrong direc- percent. We talked about this, and I think tion. They put the government in the Mr. Speaker, these two changes— whether you’re on one side of the aisle middle of a physician and the patient, Medicare reimbursement to the GME, or the other, whether you agree with and that can never work. Medicare reimbursement to the IME— the health care law, we all agree that But good intentions are not enough would reduce Medicare medical edu- we want to have, in a country as rich to excuse legislation which has a ter- cation payments by an estimated $60 and as generous as ours, we want to rible and far-reaching, albeit unin- billion through 2020, $60 billion. have access to health care for all tended, consequence for all sectors of Mr. Speaker, these aren’t just num- Americans. But if we don’t have physi- our society, especially our patients, bers. These proposed cuts would endan- cians to provide that care—and this es- our doctors, and our hospitals.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.131 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7817 Mr. Speaker, I yield back the balance the tests, and all that stuff, 2 days of need it. They’d have so much money of my time. hospitalization, $10,000. It turns out built up in their health savings ac- f that the insurance company, the counts that they didn’t get through health insurance company resolved all every year. HEALTH CARE AND THE $10,000 in bills for about $800. I agree with some of the people that BALANCED BUDGET AMENDMENT Well, if we knew exactly how much I’ve consulted over the last 4 years on The SPEAKER pro tempore (Mr. was being paid to pay for those exorbi- what would be a better plan that if you HULTGREN). Under the Speaker’s an- tant health care bills, we could then fi- could have people putting money every nounced policy of January 5, 2011, the nally reintroduce something known as month in a health savings account, gentleman from Texas (Mr. GOHMERT) free market principles. building that account, then not allow is recognized for 30 minutes. Now, the doctors I talk to, the health it to be drawn out for something like Mr. GOHMERT. Thank you, Mr. care providers I talk to, they wouldn’t buying a boat or anything like that, Speaker. mind that. Their hands get tired. There but it has to be for health care, can’t One thing we’ve got plenty of around are some insurance policies or con- be for anything else. Once its dedicated here is paper, unfortunately. We’ve got tracts that health care providers have in a health savings account, and it bills, we’ve got laws that we should with some of the health insurance com- should be allowed to be put in there have taken up that we haven’t. panies that said they cannot charge— pre-tax, then it has to be for health And when we talk about the health that’s what I’m told—they can’t charge care. care bill, people know we talk about somebody paying cash as little as a Oh, sure, we ought to be able to allow ObamaCare, whatever the formal name health insurance company providing people to donate that to some charity is. Cutting $500 billion out of Medicare the contract gets out by paying. that keeps health savings accounts for already. That’s a done deal. That was You can’t have competition in health the less fortunate, ought to be allowed rammed through by the majority when care until people know how much to gift it or bequeath it to children, to Speaker PELOSI was in charge at the they’re paying for their medicine, for family and help them grow that big behest of our President Obama—$500 their hospital stay. You’ve got to know nest egg of a health savings account, billion in cuts. Our seniors deserve bet- what they’re paying. and then you have a debit card coded ter than that kind of treatment. It was a great thing growing up in a to cover nothing but health care costs. Republicans, I don’t think we had small town in East Texas. I loved the And you use that health savings ac- any Republicans vote for that. But it town, Mount Pleasant, Texas. count until you reach the amount of was driven through against the will of the high deductible that the health in- b 2120 the American people, and against the surance policy has, and then the health will of the Republicans. But Democrats After I finished 4 years out of the insurance kicks in. That would help had the votes, so they did it—$500 bil- Army from a scholarship at Texas make health insurance so much cheap- lion in cuts to Medicare. A&M, my wife and I settled in Tyler. er for most folks. That’s what a lot of So when AARP has all these seniors We’ve loved it. It’s the only home my us have gone to, and I have myself. It send in petitions saying, I’m a member kids knew growing up. Been so good to is a lot better deal. It is a lot cheaper. of AARP, don’t you dare cut anything me. But my wife and family, we’ve all But to think about, as these numbers from Medicare, we try to make sure been blessed there. indicate from 2009, that every house- our seniors know that it was AARP But in the smaller town I grew up in, hold with someone on Medicare is cost- that stood by the President as he cut everybody knew the doctors. And from ing nearly $30,000, it is just staggering. $500 billion, and we’re glad that they’re time to time we would go to a different And that’s why instead of continuing finally waking up to just what the doctor. And a lot of the times it was to move toward rationed care putting President and AARP, with AARP’s as- because we found out one upped their our seniors on lists where they can’t sistance, what they did to seniors. price so we would go to another doctor get treated very quickly, they have to But if you look at how much money who didn’t charge quite as much be- wait, because let’s face it, the way of we are spending on Medicare, not to cause they were good. That’s called socialized medicine is rationed care. even mention right now Medicaid, just free market competition. We don’t And President Obama not only must look at how much we’re spending on have that any more in health care. have known that that was the truth, Medicare, and you look at the number We’ve got to get back to it. If we’re but he put a man in the position to of households we have, around 17.5 mil- going to bring the costs down, we’ve oversee ObamaCare who had made lion Medicare households—this was got to get back to it. clear in prior statements that it’s not a from 2009. You divide that into the People have to know what it costs to matter of if we go to rationed care, it amount of money that we’re spending, go to the doctor. People need to know is a matter of when. And then he’s the the Federal Government’s spending on that their medicine that they see a guy that ends up in charge of Medicare—not even Medicaid, just cost of $900, that the insurance compa- ObamaCare because obviously this Medicare: We’re spending right at nies, when they reimburse for that $900 President and the Democratic majority $30,000 for every household with some- prescription, don’t pay but a fraction in the last Congress intended—ex- body on Medicare. $30,000? of that. So if somebody can’t afford in- pected—that seniors would be getting Now, for someone who’s got bad surance, why should they have to pay rationed care. heart problems or some kind of chronic $900 for a prescription drug that a How much better to say, you know disease, well, that’s not so bad when health insurance company wouldn’t what seniors, you’ve got a choice. How you consider what all kinds of treat- pay a fraction of that much? We have about that? We’ve had so many people ments and medicines they’re getting. to get back to having some competi- on the Democratic side of the aisle talk That’s if you look at the bills that are tion in the cost of things. about it should be people’s right to sent out. So there’s one way, really the only choose. They should have choice. How If you look at the amount of actual way I see we get off this track to total about in health care? How about giving money that are paid for those proce- socialized health care that ObamaCare seniors a chance to choose? You want dures, or actually paid or reimbursed puts us well on down the road toward Medicare? You want to be denied some by insurance companies or the govern- arriving on, and that would be through medicines? You want to have to keep ment for that money, it’s not near that greater use of health savings accounts. buying that supplemental coverage much for most households, even most We’re told by some actuarials that if from AARP? Your choice. households on Medicare. kids in their twenties and thirties start On the other hand, if you want to do That’s why I was shocked in the not putting money in a health savings ac- something different, we’ll put—and I’m too distant past to find out that in one count and it grows and it grows be- flexible on the amount, but it appeared situation that I’m aware of personally, cause they don’t use much at that $3,500 was a good, effective amount for when there were $10,000 in bills between young age, by the time they’re eligible achieving that kind of high deductible the hospital, the physicians, the ambu- for Medicare, not only would they not and lower cost for the insurance policy. lance, the testing, the people reading want to use Medicare, they wouldn’t Then we, the Federal Government, will

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.132 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7818 CONGRESSIONAL RECORD — HOUSE November 17, 2011 buy you a private health insurance pol- us toward—it’s just one giant step; seniors would have an incentive not to icy that covers everything over $3,500, we’re virtually there—well, then, it spend all the money, all the $3,500 and then we will give you cash money changes everything. that’s put in their HSAs every year. in a health savings account, the debit People don’t really care how much So we put in a provision that if some- card to go with it that you hold, you things cost because they’re not paying one on Medicare didn’t use up all of the use as you see fit, you choose what for them. People don’t try to go to a $3,500 in their health savings account, medicine, you choose what doctor. And less expensive doctor or hospital be- then they got a percentage of that cash if you exhaust the $3,500, then the in- cause they don’t care. Somebody else is money that they could take. No in- surance kicks in and you’ve got that paying it. Then when they see the bill come tax would have to be paid on it. coverage. that says this stay cost $10,000, they It was just cash money in their pocket You don’t have to buy supplemental say, Well, gee, I’m glad I’m not paying at the end of the year in order to en- coverage, and I know that would cost that. They don’t care because they’re courage them not to waste money from AARP hundreds of millions. I get that. not paying it. They don’t know that the health savings account by buying And I know they care deeply about re- there may have been $200 paid for that stuff they didn’t need, because they tired folks. I get that. But, boy, if re- hospital bed rather than $10,000. were going to get a percentage of that tired folks wouldn’t have to pay any- People deserve to know what health if they didn’t spend it within the year. thing for supplemental insurance, care costs. As I say, the health care Give them incentives. That’s what seems like that would be a good thing. providers—the doctors I talk to— market forces are about: incentives. We would give them the choice. Let wouldn’t mind being able to do that. Now, if we were to do something like seniors choose what you want. You They would love it if patients could that, then certainly there will be peo- want control of your own health care come in and give them a health savings ple who are chronically ill. We will al- ways have people who are chronically and the money to pay the deductible if account debit card. Then they don’t ill, and those are the people we should you get that high and an insurance pol- have to have extra people who are help. They can’t help themselves. icy to cover everything beyond that if chasing down the new codes and all That’s what a caring society does. you go beyond that? You control this information about what the gov- ernment pays and what the insurance But when there are people who are things? Or do you want to let the gov- able to help themselves, then those are ernment keep telling you what you can company will or won’t pay. We’d get back to a doctor-patient relationship. the folks who ought to be able to grow and can’t get in the way of treatment? a health savings account over the years The country is better off when the Wouldn’t that be wonderful? As I’ve told health insurance compa- so that they don’t need any govern- Federal Government is the referee, not nies before at a convention here in ment help by the time they get to the the player, because government’s al- Washington, D.C., we need to get the point where they’re eligible for Medi- ways going to be the referee; but when health insurance companies back in care. If they need it, they’ll get it. it’s the player and the referee, that’s the health insurance business and out That would finally get us on track to when it’s so grossly unfair. Anybody of the health management business, be- get out of this massive amount of debt should be able to figure that. That cause if health insurance companies that we’re in. That’s the way to go. would be so much better for seniors. are determined to stay in the health In the meantime, not only is that not Give them the choice. management business where they man- something that’s occurring, but we’re But you know what? This President, age our health care, they’re eventually not able to innovate new things that Speaker PELOSI, Leader REID, they felt going to have everybody mad at them, will become law. We’re innovating new like they knew better for seniors. They and they’re going to be run out of busi- things, like the alternative to Medi- felt like it would be better if they did ness, and there won’t be any health in- care—the choice we could give sen- not allow seniors to have a choice. Too surance companies anymore. iors—but we know, as the President bad, seniors. We’re going to cut $500 Other than the socialist Federal Gov- has called us—and it really only ap- billion from the amount of money that ernment of the United States. I don’t plies to the other end of the Hall— we’re spending on Medicare, and you’re want to get there. we’ve got a do-nothing Senate. It’s not about to find out what real rationed We’re almost there with ObamaCare. the Republicans. They keep clam- care is about once ObamaCare kicks in That’s why this body, with the ma- oring—trying to push, trying to get the to the full. jority of Republicans having taken Democratic leadership in the Senate to Why not give them a choice? Why not over this year, voted to repeal do something to help the economy, to force doctors and health care providers ObamaCare. truly do something to help health care, for the first time in decades to start When it’s real health insurance, peo- but they’re not interested in doing posting what the cost of health care is? ple pay a small monthly, quarterly, that. How much at your hospital is a hos- semiannual, annual fee in order to in- We’ve got a supercommittee, as it pital bed in a single room or in a dou- sure against some unforeseen disease has been dubbed, that we really ble room with two patients in there? or accident down the road—unforeseen shouldn’t have set up. I have nothing How about showing people that, letting because, if they could foresee it, they’d but sympathy for my Republican them decide which is cheaper? Because know how much they’d need to save in friends who have been put on that com- as long as an insurance company or the order to take care of that event that’s mittee because they were put into a po- government is paying all of those coming or the disease. You pay an in- sition where, unbeknownst to our Re- costs, people really don’t care. That’s surance company for something you publican leadership that negotiated the the way of the world. don’t know might happen—maybe it deal that brought this committee That’s why in the Soviet Union in will, maybe it won’t. about, the Democrats really don’t have 1973 when I asked some farmers in the The thing is, if we went to the place anything to push them to reach an middle of the morning who were sitting where we allowed those on Medicare to agreement. in the shade visiting instead of being choose—to stay with Medicare if that’s That appears to be why the Demo- out in the field working, and I tried to what you want, and keep buying that crats seem to be interested in what do it as nicely as possible, spoke a lit- supplemental insurance—or we’ll give PAT TOOMEY had floated out as a tle Russian back then, When is it you you the cash in a health savings ac- framework with the support of his col- work out in the field? count and a debit card, then we’ll buy leagues. They seemed to be interested the insurance to cover everything over in it; but, apparently, after consulting b 2130 the cash we put in your account for the with Democratic leadership, they real- The loudest one said, I make the year, and we’ll do that every year. ized, uh-oh, we’re told not to work a same number of rubles when I’m in the When I was drafting the bill in the deal because if we don’t work a deal, shade here or if I’m out there, so I’m prior Congress, Newt Gingrich was very there will be draconian cuts to our na- here. helpful. He sent a couple of experts to tional security, which we don’t mind— That’s socialism. come visit about ideas. we’ve been wanting to do that for When the Federal Government social- They said, You know, we ought to years—and then the other cuts will be izes medicine, as ObamaCare is driving have an incentive in the bill so that to Medicare.

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K17NO7.133 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7819 Apparently, because of the lack of in- House Joint Resolution 1 has a cap on With that, Mr. Speaker, I yield back terest by the Democrats in seeing that spending that we can’t go above, a per- the balance of my time. there is a deal done, it would appear centage of gross domestic product. It f they don’t mind having the cuts to requires a supermajority in order to Medicare. raise taxes. That’s House Joint Resolu- LEAVE OF ABSENCE And that’s what was puzzling me last tion 1. That’s what passed out of com- By unanimous consent, leave of ab- week. mittee after a long and exhausting day sence was granted to: After they hear how far backwards of debate and amendments. Republicans are willing to go on the But we’re bringing to the floor joint Mrs. NAPOLITANO (at the request of supercommittee, how is it that the House Resolution 2. It just says, You’ve Ms. PELOSI) for today and the balance Democrats end up walking away, basi- got to balance the budget. I know there of the week on account of attending an cally, from what they wanted? So I are those who say, Well, that would important event in the district. struggled to try to figure out what it mean that our decisions start being Mr. BISHOP of Georgia (at the request was that would keep them from being made by the courts. Well, 49 out of 50 of Ms. PELOSI) for today on account of desperate to cut a deal with the Repub- States, as I understand it, have a bal- attending the funeral of a family rel- licans because surely they don’t want anced budget requirement in their con- ative. those cuts to Medicare. stitutions. Their courts don’t make f Then I realized, well, Democrats are those decisions. I don’t see why it 100 percent totally responsible for the would be otherwise if it was. Under the ENROLLED BILL SIGNED $500 billion in cuts to Medicare that are Constitution, we’ve got the power to Karen L. Haas, Clerk of the House, contained within ObamaCare. They restrict jurisdiction for everybody but reported and found truly enrolled a bill also know that millions of dollars of the Supreme Court. We could do that if of the House of the following title, Republican campaign money will be that’s what we chose to do. which was thereupon signed by the spent next year in probably talking We’re in a mess, because we’re not Speaker: about the $500 billion in cuts that the doing the things we promised we would H.R. 2112. An act making consolidated ap- Democrats solely, on their own, pushed when we ran and got elected to the ma- propriations for the Departments of Agri- through in ObamaCare and that unless jority, the very things the Democrats culture, Commerce, Justice, Transportation, there is at least a couple hundred bil- lost the majority in this House because and Housing and Urban Development, and re- lion in cuts to Medicare, then at least they didn’t fulfill. It’s time to get seri- lated programs for the fiscal year ending that amount would result from a fail- ous about our promises. September 30, 2012, and for other purposes. ure to pass some kind of bill from the Everybody is aware of Francis Scott f supercommittee. Key who wrote our wonderful National Unless there’s something like that, Anthem. As my time runs out, I want SENATE ENROLLED BILL SIGNED the $500 billion that the Democrats cut to finish tonight with something else The Speaker announced his signature from Medicare last year is all anybody that Francis Scott Key said. On Feb- to an enrolled bill of the Senate of the is going to basically be talking about ruary 22, 1812, he said this: following title: in the next election. The patriot who feels himself in the service But if the supercommittee fails and if S. 1412. An act to designate the facility of of God, who acknowledges Him in all his the United States Postal Service located at the House and Senate don’t pass what ways, has the promise of Almighty direction, 462 Washington Street, Woburn, Massachu- they’ve sent, then we’ve already seen and will find His Word in his greatest dark- setts, as the ‘‘Officer John Maguire Post Of- the rhetoric begin: Republicans, they ness, ‘‘a lantern to his feet and a lamp unto fice’’. say, are wanting to cut health care; his paths.’’ He will, therefore, seek to estab- they’re wanting to cut Medicare. lish for his country, in the eyes of the world, f So now we see how it’s playing out. such a character as shall make her not un- worthy of the name of a Christian nation. BILL PRESENTED TO THE b 2140 We’ve got a lot to do if we’re going to PRESIDENT Some, apparently, on the Democratic live up to our commitments, our oaths. Karen L. Haas, Clerk of the House re- side—not all, but some, apparently the A balanced budget amendment with a ports that on November 16, 2011 she leadership of the Democratic Party— spending cap is what we need to do. presented to the President of the apparently the President—want to see That’s what we passed out of com- United States, for his approval, the fol- a failure so they can campaign against mittee in regular order. That’s what I lowing bill. Republicans saying, No, they didn’t would vote for tomorrow. Since that’s H.R. 398. To amend the Immigration and want agreement anyway; and look at not coming, then I don’t want to push Nationality Act to toll, during active-duty the cuts to Medicare that they’ve through a balanced budget amendment service abroad in the Armed Forces, the peri- forced. I don’t see any other expla- that requires ever-upward spiraling ods of time to file a petition and appear for nation for the cavalier attitude of the taxation because, as we’ve shown this an interview to remove the conditional basis Democratic leadership and not pushing year, without a balanced budget for permanent resident status, and for other purposes. so hard to get an agreement to avoid amendment, Congress doesn’t have the the massive cuts to Medicare. Even will to cut spending, not a majority of f with the massive cuts, it won’t be as the House and Senate both. big a cut as ObamaCare was to Medi- It’s time to live up to the commit- ADJOURNMENT care; but it will be enough, apparently, ments we’ve made and what we owe our Mr. GOHMERT. Mr. Speaker, I move for them to campaign and try to de- creator, our maker. If we’ll do that, we that the House do now adjourn. monize the Republicans. can have another 200 years of greatness The motion was agreed to; accord- Apparently tomorrow we’re going to as a Nation. If we don’t, as Abraham ingly (at 9 o’clock and 44 minutes vote on a balanced budget amendment. Lincoln said, This Nation will die by p.m.), the House adjourned until to- It will either be House Joint Resolu- suicide. I want it to live and flourish. I morrow, Friday, November 18, 2011, at 9 tion 1 or House Joint Resolutionh 2. want us to keep our commitments. a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the second, third and fourth quarters of 2011, pursuant to Public Law 95–384 are as follows:

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Cliff Stearns ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 243.00 ...... (3) ...... 243.00 Hon. Vern Buchanan ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... (3) ...... Hon. Ed Whitfield ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 243.00 ...... (3) ...... 243.00 Hon. Brian Bilbray ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... (3) ...... Hon. Loretta Sanchez ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 243.00 ...... (3) ...... 243.00 Ed Rice ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 153.00 ...... (3) ...... 153.00 Sarah Blocher ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 29.36 ...... (3) ...... 29.36 Jean Carroll ...... 6/29 6/29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 100.00 ...... (3) ...... 100.00 Hon. Sheila Jackson-Lee ...... 6 /29 6 /29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 243.00 ...... (3) ...... 243.00 Hon. Jim Costa ...... 6 /29 6 /29 Belgium ...... (3) ...... 6/29 7/2 Hungary ...... 243.00 ...... (3) ...... 243.00 Committee total ...... 1497.36 ...... 1,497.36 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. (3) Military air transportation. HON. CLIFF STEARNS, Chairman, Nov. 2, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO TUNISIA, EGYPT, JORDAN, LEBANON, IRAQ, AND IRELAND, EXPENDED BETWEEN SEPT. 24 AND OCT. 3, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Dreier ...... 9 /25 9 /27 Tunisia ...... 372.00 ...... (3) ...... 372.00 Price ...... 9/25 9/27 Tunisia ...... 282.00 ...... (3) ...... 282.00 Ellison ...... 9/25 9/27 Tunisia ...... 372.00 ...... (3) ...... 372.00 Moore ...... 9 /25 9 /27 Tunisia ...... 372.00 ...... (3) ...... 372.00 McDermott ...... 9/25 9/27 Tunisia ...... 372.00 ...... (3) ...... 372.00 Smith ...... 9/25 9/27 Tunisia ...... 372.00 ...... (3) ...... 372.00 Leman ...... 9 /25 9 /27 Tunisia ...... 372.00 ...... (3) ...... 372.00 Lis ...... 9/25 9/27 Tunisia ...... 372.00 ...... (3) ...... 372.00 Hildebrand ...... 9/25 9/27 Tunisia ...... 327.00 ...... (3) ...... 372.00 Lawrence ...... 9/25 9/27 Tunisia ...... 372.00 ...... (3) ...... 372.00 Dreier ...... 9 /27 9 /29 Eqypt ...... 534.00 ...... (3) ...... 534.00 Price ...... 9/27 9/29 Eqypt ...... 448.00 ...... (3) ...... 448.00 Ellison ...... 9/27 9/29 Eqypt ...... 534.00 ...... (3) ...... 534.00 Moore ...... 9 /27 9 /29 Eqypt ...... 534.00 ...... (3) ...... 534.00 McDermott ...... 9/27 9/29 Eqypt ...... 534.00 ...... (3) ...... 534.00 Smith ...... 9/27 9/29 Eqypt ...... 534.00 ...... (3) ...... 534.00 Leman ...... 9 /27 9 /29 Eqypt ...... 534.00 ...... (3) ...... 534.00 Lis ...... 9/27 9/29 Eqypt ...... 534.00 ...... (3) ...... 534.00 Hildebrand ...... 9/27 9/29 Eqypt ...... 489.00 ...... (3) ...... 489.00 Lawrence ...... 9/27 9/29 Eqypt ...... 534.00 ...... (3) ...... 534.00 Dreier ...... 9 /29 10 /1 Jordan ...... 606.00 ...... (3) ...... 606.00 Price ...... 9 /29 10 /1 Jordan ...... 520.00 ...... (3) ...... 520.00 Ellison ...... 9 /29 10 /1 Jordan ...... 606.00 ...... (3) ...... 606.00 Moore ...... 9 /29 10 /1 Jordan ...... 606.00 ...... (3) ...... 606.00 McDermott ...... 9 /29 10 /1 Jordan ...... 606.00 ...... (3) ...... 606.00 Smith ...... 9/29 10/1 Jordan ...... 606.00 ...... (3) ...... 606.00 Leman ...... 9 /29 10 /1 Jordan ...... 606.00 ...... (3) ...... 606.00 Lis ...... 9/29 10/1 Jordan ...... 606.00 ...... (3) ...... 606.00 Hildebrand ...... 9/29 10/1 Jordan ...... 561.00 ...... (3) ...... 561.00 Lawrence ...... 9/29 10/1 Jordan ...... 606.00 ...... (3) ...... 606.00 Dreier ...... 9 /30 9 /30 Lebanon ...... Price ...... 9/30 9/30 Lebanon ...... Ellison ...... 9/30 9/30 Lebanon ...... Moore ...... 9 /30 9 /30 Lebanon ...... McDermott ...... 9/30 9/30 Lebanon ...... Smith ...... 9/30 9/30 Lebanon ...... Leman ...... 9 /30 9 /30 Lebanon ...... Lis ...... 9/30 9/30 Lebanon ...... Hildebrand ...... 9/30 9/30 Lebanon ...... Lawrence ...... 9/30 9/30 Lebanon ...... Dreier ...... 10 /1 10 /2 Iraq ...... Price ...... 10 /1 10 /2 Iraq ...... Ellison ...... 10 /1 10 /2 Iraq ...... Moore ...... 10 /1 10 /2 Iraq ...... McDermott ...... 10 /1 10 /2 Iraq ...... Smith ...... 10/1 10/2 Iraq ...... Leman ...... 10 /1 10 /2 Iraq ...... Lis ...... 10/1 10/2 Iraq ...... Hildebrand ...... 10/1 10/2 Iraq ...... Lawrence ...... 10/1 10/2 Iraq ...... Dreier ...... 10 /2 10 /03 Ireland ...... 267.00 ...... (3) ...... 267.00 Price ...... 10 /2 10 /03 Ireland ...... 181.00 ...... (3) ...... 181.00 Ellison ...... 10 /2 10 /03 Ireland ...... 267.00 ...... (3) ...... 267.00 Moore ...... 10 /2 10 /03 Ireland ...... 267.00 ...... (3) ...... 267.00 McDermott ...... 10 /2 10 /03 Ireland ...... 267.00 ...... (3) ...... 267.00 Smith ...... 10/2 10/03 Ireland ...... 267.00 ...... (3) ...... 267.00 Leman ...... 10 /2 10 /03 Ireland ...... 267.00 ...... (3) ...... 267.00 Lis ...... 10/2 10/03 Ireland ...... 267.00 ...... (3) ...... 267.00 Hildebrand ...... 10/2 10/03 Ireland ...... 222.00 ...... (3) ...... 222.00 Lawrence ...... 10/2 10/03 Ireland ...... 267.00 ...... (3) ...... 267.00 Committee total ...... 17,262 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. DAVID DREIER, Oct. 24, 2011.

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. David Dreier ...... 10/10 10/10 Haiti ...... (3) ...... Hon. Lois Capps ...... 10 /10 10 /10 Haiti ...... (3) ...... Hon. Susan Davis ...... 10/10 10 /10 Haiti ...... (3) ...... Hon. Gwen Moore ...... 10/10 10/10 Haiti ...... (3) ...... Hon. Maxine Waters ...... 10/10 10/10 Haiti ...... (3) ...... Hon. Donald Payne ...... 10 /10 10/10 Haiti ...... (3) ...... Hon. Adam Schiff ...... 10 /10 10/10 Haiti ...... (3) ...... Hon. Mazie Hirono ...... 10/10 10/10 Haiti ...... (3) ...... Hon. Yvette Clarke ...... 10/10 10 /10 Haiti ...... (3) ...... Hon. Donna Christensen ...... 10 /10 10/10 Haiti ...... (3) ...... Barry Jackson ...... 10/10 10/10 Haiti ...... (3) ...... John Lis ...... 10/10 10/10 Haiti ...... (3) ...... Rachael Leman ...... 10/10 10/10 Haiti ...... (3) ...... Asher Hildebrand ...... 10/10 10/10 Haiti ...... (3) ...... Committee total ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. DAVID DREIER, Oct. 27, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO SWITZERLAND, EXPENDED BETWEEN OCT. 16 AND OCT. 20, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Robert Reeves ...... 10/16 10 /20 Switzerland ...... 1,238.15 1,255.68 ...... 1,886.00 ...... 3,141.68 Thomas Wickham ...... 10/16 10/20 Switzerland ...... 1,238.15 1,265.68 ...... 1,886.00 ...... 3,151.68 Committee total ...... 6,293.36 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROBERT REEVES, Oct. 27, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Collin Peterson ...... 9/24 9/27 Greece ...... 1,012.47 ...... (3) ...... 1,012.47 9/27 9/18 Turkey ...... 329.50 ...... (3) ...... 329.50 9/28 9/29 Cyprus ...... 351.93 ...... (3) ...... 351.93 9/29 9/30 Turkey ...... 390.11 ...... (3) ...... 390.11 Committee total ...... 2,084.01 ...... 2,084.01 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. FRANK D. LUCAS, Chairman, Oct. 28, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent or Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency U.S. currency 2 currency 2 currency 2 currency 2

Brooke Boyer ...... 6/26 6/30 Peru ...... 1,037.00 ...... 1,037.00 6/30 7/3 Guatemala ...... 583.00 ...... 583.00 Misc. Embassy Costs ...... 343.00 ...... 343.00 Misc. Transportation Costs ...... 20.00 ...... 20.00 Commercial Airfare ...... 2,404.00 ...... 2,404.00 Timothy Prince ...... 6/26 6/30 Peru ...... 1,037.00 ...... 1,037.00 6/30 7/3 Guatemala ...... 583.00 ...... 583.00 Misc. Embassy Costs ...... 343.00 ...... 343.00 Misc. Transportation Costs ...... 160.00 ...... 160.00 Commercial Airfare ...... 2,404.00 ...... 2,404.00 Brooke Boyer ...... 7/23 7/26 Korea ...... 908.01 ...... 908.01 7/26 7/28 Japan ...... 337.50 ...... 337.50 7/28 7/31 Guam ...... 787.75 ...... 787.75 Misc. Costs (room taxes) ...... 167.55 ...... 167.55 Misc. Transportation Costs ...... 336.96 ...... 336.96 Commercial Airfare ...... 16,302.46 ...... 16,302.46 Megan Rosenbusch ...... 7/23 7/26 Korea ...... 908.01 ...... 908.01 7/26 7/28 Japan ...... 337.50 ...... 337.50 7/28 7/31 Guam ...... 794.30 ...... 794.30 Misc. Costs (room taxes) ...... 167.55 ...... 167.55 Misc. Transportation Costs ...... 276.96 ...... 276.96 Commercial Airfare ...... 17,319.46 ...... 17,319.46 Ann Reese ...... 7/22 ...... Travel Day ...... 10.37 ...... 10.37 7/23 7/26 Korea ...... 908.01 ...... 908.01 7/26 7/28 Japan ...... 337.50 ...... 337.50 7/28 7/31 Guam ...... 717.51 ...... 717.51 Misc. Costs (room taxes) ...... 167.55 ...... 167.55 Misc. Transportation Costs ...... 432.96 ...... 432.96 Commercial Airfare ...... 16,441.26 ...... 16,441.26 Sarah Young ...... 7/29 7/31 Guam ...... 736.73 ...... 736.73 Misc. Transportation Costs ...... 42.50 ...... 42.50 Commercial Airfare ...... 16,208.62 ...... 16,208.62 Hon. Mario Diaz-Balart ...... 6/29 7/1 Lithunia ...... 604.34 ...... 604.34 Misc. Embassy Costs (overtime) ...... 163.24 ...... 163.24

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent or Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency U.S. currency 2 currency 2 currency 2 currency 2

Misc. Transportation Costs ...... 488.06 ...... 488.06 Commercial Airfare ...... 3,489.70 ...... 3,489.70 Hon. John Carter ...... 8/11 8/14 Kuwait ...... 401.95 ...... 401.95 8/13 8/14 Iraq ...... (3) ...... Commercial Airfare ...... 6,776.80 ...... 6,776.80 Susan Adams ...... 8/16 8/19 Tanzania ...... 733.00 ...... 733.00 8/19 8/23 Kenya ...... 1,400.00 ...... 1,400.00 8/23 8/25 South Sudan ...... 252.00 ...... 252.00 Misc. Transportation Costs ...... 746.96 ...... 746.96 Misc. Embassy Costs ...... 1,611.25 ...... 1,611.25 Commercial Airfare ...... 9,848.90 ...... 9,848.90 Erin Kolodjeski ...... 8/16 8/19 Tanzania ...... 733.00 ...... 733.00 8/19 8/23 Kenya ...... 1,400.00 ...... 1,400.00 8/23 8/25 South Sudan ...... 252.00 ...... 252.00 Misc. Transportation Costs ...... 746.96 ...... 746.96 Misc. Embassy Costs ...... 1,611.25 ...... 1,611.25 Commercial Airfare ...... 9,848.90 ...... 9,848.90 Brooke Boyer ...... 8/18 8/20 New Zealand ...... 643.55 ...... 643.55 8/20 8/26 Australia ...... 2,138.04 ...... 2,138.04 Misc. Transportation Costs ...... 116.00 ...... 116.00 Commercial Airfare ...... 15,794.30 ...... 15,794.30 Adrienne Ramsay ...... 8 /18 8 /20 New Zealand ...... 643.55 ...... 643.55 8/20 8/26 Australia ...... 2,138.04 ...... 2,138.04 Misc. Transportation Costs ...... 82.24 ...... 82.24 Commercial Airfare ...... 15,794.30 ...... 15,794.30 Hon. Harold D. Rogers ...... 8/26 8/29 United Kingdom ...... 1,546.00 ...... 1,546.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,691.88 ...... 1,691.88 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥53.43) ...... (3) ...... (¥53.43) Hon. Norm Dicks ...... 8/26 8/29 United Kingdom ...... 1,546.00 ...... 1,546.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,691.88 ...... 1,691.88 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥58.70) ...... (3) ...... (¥58.70) Hon. Ed Pastor ...... 8/26 8/29 United Kingdom ...... 1,546.00 ...... 1,546.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,691.88 ...... 1,691.88 Misc. Delegation Costs ...... (3) ...... 4,345.13 ...... 4,345.13 Hon. Ken Calvert ...... 8 /26 8 /29 United Kingdom ...... 1,496.00 ...... 1,496.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,445.30 ...... 1,445.30 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥100.00) ...... (3) ...... (¥100.00) Hon. Steve Womack ...... 8/26 8/29 United Kingdom ...... 1,030.00 ...... 1,030.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,691.88 ...... 1,691.88 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥56.00) ...... (3) ...... (¥56.00) William Inglee ...... 8/26 8/29 United Kingdom ...... 1,496.00 ...... 1,496.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,445.30 ...... 1,445.30 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥273.00) ...... (3) ...... (¥273.00) David Pomerantz ...... 8/26 8/29 United Kingdom ...... 1,496.00 ...... 1,496.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,445.30 ...... 1,445.30 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥203.00) ...... (3) ...... (¥203.00) Anne Marie Chotvacs ...... 8/26 8/29 United Kingdom ...... 1,496.00 ...... 1,496.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,445.30 ...... 1,445.30 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥360.42) ...... (3) ...... (¥360.42) Ben Nicholson ...... 8 /26 8 /29 United Kingdom ...... 1,496.00 ...... 1,496.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,445.30 ...... 1,445.30 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥148.62) ...... (3) ...... (¥148.62) B.G. Wright ...... 8 /26 8 /29 United Kingdom ...... 1,496.00 ...... 1,496.00 8/29 8/31 Germany ...... 833.15 ...... 833.15 8/31 9/2 Austria ...... 880.98 ...... 880.98 9 /2 9 /5 Germany ...... 1,445.30 ...... 1,445.30 Misc. Delegation Costs ...... 4,345.13 ...... 4,345.13 Return of Unused Per Diem ...... (¥41.45) ...... (3) ...... (¥41.45) Jeffrey Ashford ...... 8/29 9/2 Estonia ...... 1,047.40 ...... 1,047.40 Misc. Transportation Costs ...... 65.00 ...... 65.00 Commercial Airfare ...... 2,241.60 ...... 2,241.60 Stephanie Gupta ...... 8/29 9/2 Estonia ...... 1,047.40 ...... 1,047.40 Misc. Transportation Costs ...... 38.93 ...... 38.93 Commercial Airfare ...... 2,241.60 ...... 2,241.60 Tim Peterson ...... 9/25 9/28 Belgium ...... 1,541.21 ...... 1,541.21 9/28 9/30 Luxembourg ...... 1,040.00 ...... 1,040.00 Misc. Transportation Costs ...... 46.37 ...... 46.37 Commercial Airfare ...... 2,263.60 ...... 2,263.60 Elizabeth C. Dawson ...... 9/25 9/28 Belgium ...... 1,541.21 ...... 1,541.21 9/28 9/30 Luxembourg ...... 1,040.00 ...... 1,040.00 Misc. Transportation Costs ...... 46.37 ...... 46.37 Commercial Airfare ...... 2,263.60 ...... 2,263.60 Sarah Young ...... 9/25 9/28 Belgium ...... 1,541.21 ...... 1,541.21 9/28 9/30 Luxembourg ...... 1,040.00 ...... 1,040.00 Misc. Transportation Costs ...... 46.37 ...... 46.37 Commercial Airfare ...... 2,263.60 ...... 2,263.60 Committee total ...... 77,131.09 ...... 147,495.41 ...... 48,129.62 ...... 272,756.12 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. HAROLD ROGERS, Chairman, Oct. 28, 2011.

VerDate Mar 15 2010 06:39 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00106 Fmt 7634 Sfmt 8634 E:\CR\FM\A17NO7.070 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7823 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Dyess, Mary A...... 7/22 7/29 Guam ...... 1,672.50 ...... 2,881.06 ...... 159.70 ...... 4,713.26 Schmidt, Carol J...... 7/22 7/29 Guam ...... 1,672.50 ...... 2,881.06 ...... 710.42 ...... 5,263.98

Committee total ...... 3,345.00 ...... 5,762.12 ...... 870.12 ...... 9,977.24 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. HAROLD ROGERS, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mike McIntyre ...... 6/25 6/27 Italy ...... 398.00 ...... 398.00 6/27 6/29 Georgia ...... 168.00 ...... 168.00 6/29 6/30 Lithuania ...... 320.20 ...... 320.00 6/30 7/2 Russia ...... 7 /2 7 /3 Portugal ...... 117.00 ...... 117.00 Hon. Madeleine Bordallo ...... 6/25 6/27 Italy ...... 398.00 ...... 398.00 6/27 6/29 Georgia ...... 168.00 ...... 168.00 6/29 6/30 Lithuania ...... 302.17 ...... 302.17 6/30 7/2 Russia ...... 7 /2 7 /3 Portugal ...... 117.00 ...... 117.00 Catherine McElroy ...... 6 /26 6 /29 Morocco ...... 307.00 ...... 307.00 6/29 6/30 Algeria ...... 202.88 ...... 202.88 7 /1 7 /2 France ...... 289.50 ...... 289.50 Commercial Transportation ...... 9,504.30 ...... 9,504.30 Michele Pearce ...... 6/26 6/29 Morocco ...... 307.00 ...... 307.00 6/29 6/30 Algeria ...... 202.88 ...... 202.88 7 /1 7 /2 France ...... 376.00 ...... 376.00 Commercial Transportation ...... 8,117.00 ...... 8,117.00 Paul Lewis ...... 6/26 6/29 Morocco ...... 307.00 ...... 307.00 6/29 6/30 Algeria ...... 202.88 ...... 202.88 7 /1 7 /2 France ...... 376.00 ...... 376.00 Commercial Transportation ...... 8,250.00 ...... 8,250.00 Jamie Lynch ...... 8/7 8/9 Japan ...... 668.00 ...... 668.00 Commercial Transportation ...... 6,611.00 ...... 6,311.00 Jack Schuler ...... 8/7 8/9 Japan ...... 668.00 ...... 668.00 Commercial Transportation ...... 6,611.00 ...... 6,611.00 Debra Wada ...... 8/7 8 /9 Japan ...... 668.00 ...... 668.00 Commercial Transportation ...... 6,611.00 ...... 6,611.00 John Phillip MacNaughton ...... 8/8 8 /9 Japan ...... 334.00 ...... 334.00 Commercial Transportation ...... 6,311.00 ...... 6,311.00 Peter Villano ...... 8/8 8 /9 Djibouti ...... 337.00 ...... 337.00 8/10 8/12 Kenya ...... 682.80 ...... 682.80 8/12 8/12 Uganda ...... Commercial Transportation ...... 15,579.00 ...... 15,579.00 Paul Arcangeli ...... 8/8 8/9 Djibouti ...... 337.00 ...... 337.00 8/10 8/12 Kenya ...... 682.80 ...... 682.80 8/12 8/12 Uganda ...... Commercial Transportation ...... 16,158.42 ...... 16,158.42 Mark Lewis ...... 8/8 8/9 Djibouti ...... 337.00 ...... 337.00 8/10 8/12 Kenya ...... 682.80 ...... 682.80 8/12 8/12 Uganda ...... Commercial Transportation ...... 16,158.42 ...... 16,158.42 Delegation Expenses ...... 8/10 8/12 Kenya ...... 1,074.00 ...... 72.46 ...... 1,146.46 Roger Zakheim ...... 8/16 8/18 Egypt ...... 534.00 ...... 534.00 8/18 8/19 Italy ...... 144.00 ...... 144.00 Commercial Transportation ...... 6,340.00 ...... 6,340.00 Jenness Simler ...... 8 /16 8 /18 Egypt ...... 534.00 ...... 534.00 8/18 8/19 Italy ...... 144.00 ...... 144.00 Commercial Transportation ...... 8,289.72 ...... 8,289.72 Michael Casey ...... 8/16 8/18 Egypt ...... 534.00 ...... 534.00 8/18 8/19 Italy ...... 144.00 ...... 144.00 Commercial Transportation ...... 6,340.00 ...... 6,340.00 Delegation Expenses ...... 8/16 8/18 Egypt ...... 173.00 ...... 173.00 Michele Pearce ...... 8/15 8/16 Russia ...... 575.35 ...... 575.35 8/16 8/18 Tajikistan ...... 550.84 ...... 550.84 8/18 8/20 Turkey ...... 504.28 ...... 504.28 Commercial Transportation ...... 8,662.90 ...... 8,662.90 Paul Lewis ...... 8/15 8/16 Russia ...... 575.35 ...... 575.35 8/16 8/18 Tajikistan ...... 550.84 ...... 550.84 8/18 8/20 Turkey ...... 504.28 ...... 504.28 Commercial Transportation ...... 9,322.90 ...... 9,322.90 Kevin Gates ...... 8/22 8/25 United Kingdom ...... 1,554.00 ...... 1,554.00 8/25 8/27 Estonia ...... 440.00 ...... 440.00 Commercial Transportation ...... 4,244.00 ...... 4,244.00 Timothy McClees ...... 8 /22 8 /25 United Kingdom ...... 1,554.00 ...... 1,554.00 8/25 8/27 Estonia ...... 440.00 ...... 440.00 Commercial Transportation ...... 4,244.00 ...... 4,244.00 Hon. Robert Wittman ...... 9/2 9/3 Philippines ...... 237.00 ...... 237.00 9 /3 9 /5 South Korea ...... 738.24 ...... 738.24 9 /5 9 /7 Japan ...... 494.30 ...... 494.30 Commercial Transportation ...... 1,318.20 ...... 1,318.20 Hon. Madeliene Bordallo ...... 9/2 9/3 Philippines ...... 237.00 ...... 237.00 9 /3 9 /5 South Korea ...... 738.24 ...... 738.24 9 /5 9 /7 Japan ...... 494.30 ...... 494.30 Commercial Transportation ...... 1,318.20 ...... 1,318.20 Hon. Stephen Pallazzo ...... 9/2 9/3 Philippines ...... 237.00 ...... 237.00 9 /3 9 /5 South Korea ...... 738.24 ...... 738.24 9 /5 9 /7 Japan ...... 494.30 ...... 494.30 Commercial Transportation ...... 1,318.20 ...... 1,318.20 Ms. Michele Pearce ...... 9/2 9/3 Philippines ...... 237.00 ...... 237.00 9 /3 9 /5 South Korea ...... 738.24 ...... 738.24 9 /5 9 /7 Japan ...... 396.47 ...... 396.47 Commercial Transportation ...... 1,322.80 ...... 1,322.80

VerDate Mar 15 2010 06:39 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00107 Fmt 7634 Sfmt 8634 E:\CR\FM\A17NO7.070 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H7824 CONGRESSIONAL RECORD — HOUSE November 17, 2011 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Vickie Plunkett ...... 9/2 9/3 Philippines ...... 181.00 ...... 181.00 9 /3 9 /5 South Korea ...... 578.24 ...... 578.24 9 /5 9 /7 Japan ...... 418.00 ...... 418.00 Commercial Transportation ...... 1,318.20 ...... 1,318.20 Brian Garrett ...... 9/2 9/3 Philippines ...... 181.25 ...... 181.25 9 /3 9 /5 South Korea ...... 553.71 ...... 553.71 9 /5 9 /7 Japan ...... 70.46 ...... 70.46 Commercial Transportation ...... 1,318.20 ...... 1,318.20 Elizabeth Nathan ...... 9 /11 9 /13 Kuwait ...... 866.52 ...... 866.52 9/13 9/14 Afghanistan ...... 9/15 9/17 Pakistan ...... 160.00 ...... 160.00 9/17 9/19 Saudi Arabia ...... 194.00 ...... 194.00 Paul Lewis ...... 9/11 9/13 Kuwait ...... 866.52 ...... 866.52 9/13 9/14 Afghanistan ...... 9/15 9/17 Pakistan ...... 160.00 ...... 160.00 9/17 9/19 Saudi Arabia ...... 239.00 ...... 239.00 Committee total ...... 29,489.09 ...... 155,442.46 ...... 245.46 ...... 185,177.01 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. HOWARD P. ‘‘BUCK’’ McKEON, Chairman, Oct. 31, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Virginia Foxx ...... 9 /24 9 /27 Greece ...... 822.69 ...... (3) ...... 822.69 9/27 9/28 Turkey ...... 252.74 ...... (3) ...... 252.74 9/28 9/29 Cyrpus ...... 247.84 ...... (3) ...... 247.84 9/29 9/30 Turkey ...... 338.61 ...... (3) ...... 338.61 Committee total ...... 1,661.88 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN KLINE, Chairman, Oct. 31, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Michael Burgess ...... 8 /12 8 /13 Kuwait ...... 10,9742.10 ...... 10,974.10 8/13 8/15 Iraq ...... 111.00 ...... 322.19 ...... 433.19 Hon. John Shimkus ...... 9 /24 9 /24 Germany ...... 3,583.50 ...... 3,583.50 9/24 9/28 Lithuania ...... 468.00 ...... 468.00 9/28 9/28 Finland ...... Committee total ...... 579.00 ...... 14,557.60 ...... 322.19 ...... 15,458.79 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. FRED UPTON, Chairman, Nov. 1, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign U.S. dollar equivalent or Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Joan Condon ...... 8/8 8 /11 Ethiopia ...... 1,134.00 ...... 1,134.00 8/11 8/14 South Sudan ...... 651.00 ...... 651.00 8/14 8/16 Uganda ...... 589.00 ...... 589.00 Roundtrip Airfare ...... 10,947.32 ...... 10,947.32 Jacqueline Quinones ...... 8/11 8/14 South Sudan ...... 710.00 ...... 710.00 Roundtrip Airfare ...... 7,518.72 ...... 7,518.72 Peter Quilter ...... 8 /16 8 /19 Nicaragua ...... 680.00 ...... 680.00 Roundtrip Airfare ...... 539.10 ...... 539.10 Gregory Simpkins ...... 8/16 8/17 South Africa ...... 392.00 ...... 392.00 8/17 8/21 Madagascar ...... 719.05 ...... 719.05 Roundtrip Airfare ...... 10,618.90 ...... 10,618.90 Algene Sajery ...... 8/16 8/17 South Africa ...... 392.00 ...... 392.00 8/17 8/21 Madagascar ...... 812.36 ...... 812.36 Roundtrip Airfare ...... 10,802.90 ...... 10,802.90 Sajit Ghanda ...... 8/21 8/23 India ...... 760.00 ...... 760.00 8/23 8/27 Sri Lanka ...... 858.00 ...... 858.00 Roundtrip Airfare ...... 10,059.20 ...... 10,059.20 Hon. Eliot Engel ...... 9/2 9 /7 Israel ...... 1,317.00 ...... 4 11,211.99 ...... 12,528.99 Roundtrip Airfare ...... 7,222.95 ...... 7,222.95 Jason Steinbaum ...... 9/2 9/7 Israel ...... 1,317.00 ...... 1,317.00 Roundtrip Airfare ...... 7,222.95 ...... 7,222.95 Matthew Zweig ...... 9/23 10/1 Egypt ...... 746.48 ...... 746.48 Roundtrip Airfare ...... 4,502.50 ...... 4,502.50 Christina Jenckes ...... 9/23 10/1 Egypt ...... 917.34 ...... 917.34 Roundtrip Airfare ...... 4,502.50 ...... 4,502.50

VerDate Mar 15 2010 05:25 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00108 Fmt 7634 Sfmt 8634 E:\CR\FM\A17NO7.070 H17NOPT1 rfrederick on DSK6VPTVN1PROD with HOUSE November 17, 2011 CONGRESSIONAL RECORD — HOUSE H7825 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign U.S. dollar equivalent or Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Alan Makovsky ...... 9/23 10 /1 Egypt ...... 801.00 ...... 801.00 Roundtrip Airfare ...... 4,502.50 ...... 4,502.50 Robert Marcus ...... 9/23 10/1 Egypt ...... 801.00 ...... 801.00 Roundtrip Airfare ...... 4,502.50 ...... 4,502.50 Hon. Dan Burton ...... 9/24 9/27 Greece ...... 1,012.41 ...... (3) ...... 1,012.41 9/27 9/28 Turkey ...... 329.48 ...... (3) ...... 329.48 9/28 9/29 Cyprus ...... 351.04 ...... (3) ...... 351.04 9/29 9/30 Turkey ...... 389.99 ...... (3) ...... 389.99 Hon. Ted Poe ...... 9 /24 9 /27 Greece ...... 878.76 ...... (3) ...... 878.76 One-Way Ticket ...... 1,130.00 ...... 1,130.00 Hon. Gregory Meeks ...... 9/28 9/29 Cyprus ...... 702.80 ...... 702.80 9/29 9/30 Turkey ...... 389.99 ...... 389.99 One-Way Ticket ...... 6,369.00 ...... 6,369.00 Sarah Blocher ...... 9/24 9/27 Greece ...... 794.08 ...... (3) ...... 794.08 9/27 9/28 Turkey ...... 252.26 ...... (3) ...... 252.26 9/28 9/29 Cyprus ...... 247.84 ...... (3) ...... 247.84 9/29 9/30 Turkey ...... 368.64 ...... (3) ...... 368.64 Jesper Pederson ...... 9/24 9/27 Greece ...... 1,012.41 ...... (3) ...... 1,012.41 9/27 9/28 Turkey ...... 329.48 ...... (3) ...... 329.48 9/28 9/29 Cyprus ...... 351.04 ...... (3) ...... 351.04 9/29 9/30 Turkey ...... 389.99 ...... (3) ...... 389.99 Brian Wanko ...... 9/24 9/27 Greece ...... 1,012.41 ...... (3) ...... 1,012.41 9/27 9/28 Turkey ...... 329.48 ...... (3) ...... 329.48 9/28 9/29 Cyprus ...... 389.99 ...... (3) ...... 389.99 9/29 9/30 Turkey ...... 389.99 ...... (3) ...... 389.99 Hon. Steve Chabot ...... 9/25 9/27 India ...... 313.35 ...... 313.35 9/27 9/29 Sri Lanka ...... 590.00 ...... 590.00 9/29 10/1 Nepal ...... 391.00 ...... 391.00 10/1 10/2 Bhutan ...... 90.00 ...... 90.00 10/2 10/2 India ...... Roundtrip Airfare ...... 9,941.60 ...... 9,941.60 Kevin Fitzpatrick ...... 9 /25 9 /27 India ...... 313.35 ...... 313.35 9/27 9/29 Sri Lanka ...... 595.00 ...... 595.00 9/29 10/1 Nepal ...... 381.00 ...... 381.00 10/1 10/2 Bhutan ...... 85.00 ...... 85.00 10/2 10/2 India ...... Roundtrip Airfare ...... 9,182.60 ...... 9,182.60 Edward Burrier ...... 9/25 9/28 Senegal ...... 784.00 ...... 784.00 Roundtrip Airfare ...... 5,228.50 ...... 5,228.50 Gregory McCarthy ...... 9/25 9/28 Senegal ...... 918.81 ...... 918.81 Roundtrip Airfare ...... 5,193.50 ...... 5,193.50 Kristin Jackson ...... 9/25 9/28 Peru ...... 789.50 ...... 789.50 Roundtrip Airfare ...... 727.84 ...... 727.84 Hubbell Knapp ...... 9/25 9/28 Peru ...... 789.50 ...... 789.50 Roundtrip Airfare ...... 727.84 ...... 727.84 Jacqueline Quinones ...... 9/25 9/28 Peru ...... 789.50 ...... 789.50 Roundtrip Airfare ...... 727.84 ...... 727.84

Commitee total ...... 30,349.32 ...... 122,170.76 ...... 11,211.99 ...... 163,732.07

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Delegation expenses. HON. ILEANA ROS-LEHTINEN, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Arrival Departure Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Pedro Pierluis ...... 6 /27 6 /29 Brussels ...... 794.00 ...... 787.50 ...... 1,581.50 6/29 7/1 Israel ...... 932.00 ...... (3) ...... 932.00 7 /1 7 /3 Bratislava ...... 472.60 ...... (3) ...... 472.60

Committee total ...... 2,986.10

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. DOC HASTINGS, Chairman, Oct. 28, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee U.S. dollar U.S. dollar U.S. dollar U.S. dollar Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DARRELL E. ISSA, Chairman, Oct. 27, 2011.

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DAVID DREIER, Chairman, Oct. 26, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Margaret Caravelli ...... 8/28 8/30 Italy ...... 348.00 ...... *2,944.00 ...... 3,292.00 8/30 8/31 Switzerland ...... 178.00 ...... 178.00 8/31 9/02 Netherlands ...... 267.00 ...... 267.00 Mele Williams ...... 8/28 8/30 Italy ...... 348.00 ...... *2,944.00 ...... 3,292.00 8/30 8/31 Switzerland ...... 178.00 ...... 178.00 8/31 9/02 Netherlands ...... 364.00 ...... 364.00 Dahlia Sokolov ...... 8/28 8/30 Italy ...... 348.00 ...... *2,944.00 ...... 3,292.00 8/30 8/31 Switzerland ...... 178.00 ...... 178.00 8/31 9/02 Netherlands ...... 364.00 ...... 364.00 Committee total ...... 2,573.00 ...... 8,832.00 ...... 11,405.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. * Transportation included all legs of trip (roundtrip to Italy, Switzerland, and the Netherlands.) HON. RALPH M. HALL, Chairman, Oct. 31, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Wally Herger ...... 9/24 9/27 Greece ...... 1,012.61 ...... 1,012.61 9/27 9/28 Turkey ...... 329.48 ...... 329.48 9/28 9/29 Cyprus ...... 335.12 ...... 335.12 9/29 9/30 Turkey ...... 389.99 ...... 389.99

Committee total ...... 2,067.20

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DAVE CAMP, Chairman, Oct. 31, 2011.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY AND SEPT. 30,2011

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Jefferson Miller ...... 8/6 8/7 Middle East ...... 135.00 ...... 8/7 8/11 Middle East...... 112.00 ...... Commercial Aircraft ...... 18,916.50 ...... 19,163.50 Tom Corcoran ...... 8/6 8/7 Middle East ...... 135.00 ...... 8/7 8/11 Middle East...... 112.00 ...... Commercial Aircraft ...... 8,674.50 ...... 8,921.50 Carly Scott ...... 8/6 8/7 Middle East ...... 123.00 ...... 8/7 8/11 Middle East...... Commercial Aircraft ...... 8,674.50 ...... 8,797.50 Robert Minehart ...... 9/25 9/29 Asia ...... 1,480.00 ...... 9/29 10/1 ...... Commercial Aircraft ...... 14,883.00 ...... 16,363.00 Judith Boyd ...... 9/25 9/29 Asia ...... 1,480.00 ...... 9/29 10/1 ...... Commercial Aircraft ...... 14,883.00 ...... 16,363.00 William Koella ...... 9/25 9/29 Asia ...... 1,480.00 ...... 9/29 10/1 ...... Commercial Aircraft ...... 14,873.00 ...... 16,353.00 Hon. Mike Rogers ...... 9/25 9/28 Middle East ...... Commercial Aircraft ...... 7,980.40 ...... 7,980.40 Michael Allen ...... 9/25 9/28 Middle East ...... Commercial Aricraft ...... 7,980.40 ...... 7,980.40 Darren Dick ...... 9/25 9/28 Middle East ...... Commercial Aircraft ...... 7,980.40 ...... 7,980.40

Committee total ...... 5,057.00 ...... 104,845.70 ...... 109,902.70

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. MIKE ROGERS, Chairman, Oct. 31, 2011

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Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Chris Smith ...... 6/26 7/1 Belgium ...... 1,453.46 ...... 1,798.60 ...... 3,252.06 Mark Milosch ...... 6/26 7/1 Belgium ...... 1,682.69 ...... 1,798.60 ...... 3,481.29 Winsome Packer ...... 6 /29 7 /2 Austria ...... 1,309.29 ...... 5,025.50 ...... 6,334.79 9/21 9/24 Bosnia and Herzegovina ...... 662.43 ...... 4,756.90 ...... 5,419.33 9/24 9/25 Austria ...... 353.70 ...... 353.70 Robert Hand ...... 7/5 7/11 Serbia ...... 1,715.00 ...... 4,869.80 ...... 6,584.80 Cynthia Efird ...... 7 /7 7/11 Serbia ...... 1,706.00 ...... 2,809.80 ...... 4,515.80 Alex Johnson ...... 7/5 7 /11 Serbia ...... 1,800.00 ...... 597.00 ...... 2,397.00 7 /1 8 /3 Austria ...... 10,584.01 ...... 10,584.01 9/11 9/30 Austria ...... 7,560.00 ...... 1,515.40 ...... 9,075.40 Hon. Chris Smith ...... Serbia ...... 252.00 ...... 252.00 Hon. Robert Aderholt ...... Serbia ...... 252.00 ...... 252.00 Mark Milosch ...... Serbia ...... 252.00 ...... 252.00 Committee total ...... 29,582.58 ...... 23,171.60 ...... 52,754.18 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h MARK MILOSCH, Oct. 28, 2011. EXECUTIVE COMMUNICATIONS, NMFS, National Oceanic and Atmospheric mitting the Department’s determination on ETC. Administration, transmitting the Adminis- a petition on behalf of workers from the Y- tration’s final rule — Endangered and 12 facility in Oak Ridge, Tennessee, to be Under clause 2 of rule XIV, executive Threatened Species; Designation of Critical added to the Special Exposure Cohort (SEC), communications were taken from the Habitat for the Southern Distinct Popu- pursuant to the Energy Employees Occupa- Speaker’s table and referred as follows: lation Segment of Eulachon [Docket No.: tional Illness Compensation Program Act of 3899. A letter from the Director, Office of 101027536-1591-03] (RIN: 0648-BA38) received 2000 (EEOICPA), pursuant to 5 U.S.C. Science and Technology Policy, transmit- November 8, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the Judici- ting a letter reporting the views of the Office 801(a)(1)(A); to the Committee on Natural ary. of Science and Technology Policy regarding Resources. 3914. A letter from the Administrator, the conclusion of the GAO that the Office 3908. A letter from the Federal Liaison Of- FEMA, Department of Homeland Security, violated the Antideficiency Act; to the Com- ficer, Department of Commerce, transmit- transmitting notification that funding under mittee on Appropriations. ting the Department’s final rule — Trade- Title V, subsection 503(b)(3) of the Robert 3900. A letter from the Acting Under Sec- mark Technical and Conforming Amend- T.Stafford Disaster Relief and Emergency retary, Department of Defense, transmitting ments [Docket No.: PTO-T-2010-0014] (RIN: Assistance Act, as amended, has exceeded $5 the termination of the Joint Tactical Radio 0651-AC39) received November 8, 2011, pursu- million for the cost of response and recovery System Ground Mobile Radio based on ant to 5 U.S.C. 801(a)(1)(A); to the Committee efforts for FEMA-3322-EM in the State of growth in the unit procurement costs; to the on the Judiciary. Louisiana, pursuant to 42 U.S.C. 5193; to the Committee on Armed Services. 3909. A letter from the Secretary, Depart- Committee on Transportation and Infra- 3901. A letter from the Secretary, Depart- ment of Health and Human Services, trans- structure. ment of Defense, transmitting notification mitting the Department’s determination on 3915. A letter from the Program Analyst, that the President approved changes to the a petition on behalf of workers from the Department of Transportation, transmitting 2011 Unified Command Plan; to the Com- Piqua Organic Moderated Reactor in Piqua, the Department’s final rule — Airworthiness mittee on Armed Services. Ohio to be added to the Special Exposure Co- Directives; Dowty Propellers Type R321/4-82- 3902. A letter from the Deputy Chief, Con- hort (SEC), pursuant to the Energy Employ- F/8, R324/4-82-F/9, R333/4-82-F/12, and R334/4- sumer and Governmental Affairs Bureau, ees Occupational Illness Compensation Pro- 82-F/13 Propeller Assemblies [Docket No.: Federal Communications Commission, trans- gram Act of 2000 (EEOICPA); to the Com- FAA-2010-1270; Directorate Identifier 2001- mitting the Commission’s final rule — Struc- mittee on the Judiciary. NE-50-AD; Amendment 39-16788; AD 2005-25- ture and Practices of the Video Relay Serv- 3910. A letter from the Secretary, Depart- 10R1] (RIN: 2120-AA64) received November 3, ice Program; Sprint Nextel Corporation Ex- ment of Health and Human Services, trans- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the pedited Petition for Clarification, Sorenson mitting the Department’s determination on Committee on Transportation and Infra- Communications, Inc. Petition for Reconsid- a petition on behalf of workers from the structure. eration of Two Aspects of the Certification Ames Laboratory at Iowa State University 3916. A letter from the Program Analyst, Order; AT&T Services, Inc. Petition for Re- in Ames, Iowa, to be added to the Special Ex- Department of Transportation, transmitting consideration of AT&T [CG Docket No.: 10- posure Cohort (SEC), pursuant to the Energy the Department’s final rule — Airworthiness 51] received October 31, 2011, pursuant to 5 Employees Occupational Illness Compensa- Directives; Bombardier, Inc. Model DHC-8- U.S.C. 801(a)(1)(A); to the Committee on En- tion Program Act of 2000 (EEOICPA), pursu- 400 Series Airplanes [Docket No.: FAA-2011- ergy and Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 0381; Directorate Identifier 2010-NM-203-AD; 3903. A letter from the Deputy Director, on the Judiciary. Amendment 39-16799; AD 2011-18-17] (RIN: Defense Security Cooperation Agency, trans- 3911. A letter from the Secretary, Depart- 2120-AA64) received November 3, 2011, pursu- mitting Transmittal No. 11-24, pursuant to ment of Health and Human Services, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the reporting requirements of Section mitting the Department’s determination on on Transportation and Infrastructure. 36(b)(1) of the Arms Export Control Act, as a petition on behalf of workers from W.R. 3917. A letter from the Program Analyst, amended; to the Committee on Foreign Af- Grace and Company in Curtis Bay, Mary- Department of Transportation, transmitting fairs. land, to be added to the Special Exposure Co- the Department’s final rule — Airworthiness 3904. A letter from the Secretary, Depart- hort (SEC), pursuant to the Energy Employ- Directives; Bombardier, Inc. Model DHC-8- ment of Labor, transmitting the Reissued ees Occupational Illness Compensation Pro- 400 Series Airplanes [Docket No.: FAA-2011- Agency Financial Report for FY 2010; to the gram Act of 2000 (EEOICPA), pursuant to 5 0151; Directorate Identifier 2009-NM-205-AD; Committee on Oversight and Government U.S.C. 801(a)(1)(A); to the Committee on the Amendment 39-16781; AD 2011-17-17] (RIN: Reform. Judiciary. 2120-AA64) received November 3, 2011, pursu- 3905. A letter from the Director, Office of 3912. A letter from the Secretary, Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Congressional Affairs, Nuclear Regulatory ment of Health and Human Services, trans- on Transportation and Infrastructure. Commission, transmitting the Draft Stra- mitting the Department’s determination on 3918. A letter from the Program Analyst, tegic Plan: Fiscal Years 2012- 2016; to the a petition on behalf of workers from the Department of Transportation, transmitting Committee on Oversight and Government Ames Laboratory at Iowa State University the Department’s final rule — Airworthiness Reform. in Ames, Iowa, to be added to the Special Ex- Directives; Airbus Model A330-200 and -300 3906. A letter from the Director, Office of posure Cohort (SEC), pursuant to the Energy Series Airplanes, and Model A340-200 and -300 Personnel Management, transmitting the Of- Employees Occupational Illness Compensa- Series Airplanes [Docket No.: FAA-2011-0474; fice’s Annual Privacy Activity Report to tion Program Act of 2000 (EEOICPA), pursu- Directorate Identifier 2010-NM-213-AD; Congress for 2010; to the Committee on Over- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Amendment 39-16802; AD 2011-18-20] (RIN: sight and Government Reform. on the Judiciary. 2120-AA64) received November 3, 2011, pursu- 3907. A letter from the Deputy Assistant 3913. A letter from the Secretary, Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Administrator for Regulatory Programs, ment of Health and Human Services, trans- on Transportation and Infrastructure.

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3919. A letter from the Program Analyst, Directives; Bombardier, Inc. Model DHC-8- By Mrs. ROBY (for herself, Ms. SE- Department of Transportation, transmitting 400 Series Airplanes [Docket No.: FAA-2010- WELL, Mr. BACHUS, Mr. BONNER, and the Department’s final rule — Airworthiness 0910; Directorate Identifier 2011-NM-151-AD; Mr. ADERHOLT): Directives; Airbus Model A330-201, -202, -203, Amendment 39-16797; AD 2011-18-15] (RIN: H.R. 3454. A bill to amend the Food Secu- -223, and -243 Airplanes, Model A330-300 Se- 2120-AA64) received November 3, 2011, pursu- rity Act of 1985 with respect to maximum en- ries Airplanes, Model A340-200 Series Air- ant to 5 U.S.C. 801(a)(1)(A); to the Committee rollment and eligible land in the conserva- planes, and Model A340-300 Series Airplanes on Transportation and Infrastructure. tion reserve program; to the Committee on [Docket No.: FAA-2011-0387; Directorate 3927. A letter from the Administrator, Na- Agriculture. Identifier 2010-NM-222-AD; Amendment 39- tional Aeronautics and Space Administra- By Mr. PALAZZO (for himself, Mr. 16804; AD 2011-18-22] (RIN: 2120-AA64) received tion, transmitting a statement of actions HOLDEN, Mr. BARTLETT, Mr. THOMP- November 3, 2011, pursuant to 5 U.S.C. with respect to the GAO report entitled, SON of Mississippi, Mr. WESTMORE- 801(a)(1)(A); to the Committee on Transpor- ‘‘ACQUISITION PLANNING: Opportunities LAND, Mr. LATHAM, Mr. LOBIONDO, tation and Infrastructure. to Build Strong Foundations for Better Serv- Mr. NUNNELEE, and Mr. HARPER): 3920. A letter from the Program Analyst, ices Contracts’’; jointly to the Committees H.R. 3455. A bill to amend title 10, United Department of Transportation, transmitting on Oversight and Government Reform and States Code, to include the Chief of the Na- the Department’s final rule — Airworthiness Science, Space, and Technology. tional Guard Bureau as a member of the Directives; Airbus Model A318, A319, A320, 3928. A letter from the Assistant Secretary, Joint Chiefs of Staff and to reestablish the and A321 Series Airplanes [Docket No.: FAA- Legislative Affairs, Department of State, position of Vice Chief of the National Guard 2010-1045; Directorate Identifier 2010-NM-101- transmitting a report entitled ‘‘Report to Bureau; to the Committee on Armed Serv- AD; Amendment 39-16809; AD 2011-19-04] (RIN: Congress on Iran-Related Multilateral Sanc- ices. 2120-AA64) received November 3, 2011, pursu- tions Regime Efforts’’ covering the period By Ms. HAYWORTH: ant to 5 U.S.C. 801(a)(1)(A); to the Committee from February 17, 2011 to August 16, 2011; H.R. 3456. A bill to authorize the Presi- on Transportation and Infrastructure. jointly to the Committees on Foreign Af- dent’s request to eliminate the Ready-to- 3921. A letter from the Program Analyst, fairs, Financial Services, and Ways and Learn program; to the Committee on Edu- Department of Transportation, transmitting Means. cation and the Workforce. the Department’s final rule — Airworthiness 3929. A letter from the Secretary, Depart- By Mr. ISRAEL (for himself, Mr. GRI- Directives; Gulfstream Aerospace LP Model ment of Homeland Security, transmitting a JALVA, Mr. RYAN of Ohio, Mr. BISHOP Galaxy and Gulfstream 200 Airplanes [Dock- legislative proposal to implement a pay re- of New York, and Ms. DEGETTE): et No.: FAA-2011-0646; Directorate Identifier form initiative; jointly to the Committees H.R. 3457. A bill to require ingredient label- 2010-NM-224-AD; Amendment 39-16814; AD on Education and the Workforce, Oversight ing of certain consumer cleaning products, 2011-20-04] (RIN: 2120-AA64) received Novem- and Government Reform, Homeland Secu- and for other purposes; to the Committee on ber 3, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); rity, and Ways and Means. Energy and Commerce. to the Committee on Transportation and In- By Mr. SCHOCK (for himself, Mrs. frastructure. f MCMORRIS RODGERS, Mr. HUIZENGA of 3922. A letter from the Program Analyst, REPORTS OF COMMITTEES ON Michigan, Mr. REHBERG, and Mr. Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS WALDEN): the Department’s final rule — Airworthiness H.R. 3458. A bill to amend title XVIII of the Directives; The Boeing Company Model DC- Under clause 2 of rule XIII, reports of Social Security Act to ensure the eligibility 8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8- committees were delivered to the Clerk of eligible professionals practicing in rural 33, DC-8-41, DC-8-42, and DC-8-43 Airplanes; for printing and reference to the proper health clinics for electronic health records Model DC-8-50 Series Airplanes; Model DC- calendar, as follows: and quality improvement incentives under 8F-54 and DC-8F-55 Airplanes; Model DC-8-60 Medicare; to the Committee on Energy and Ms. FOXX: Committee on Rules. House Series Airplanes; Model DC-8-60F Series Air- Commerce, and in addition to the Committee Resolution 470. Resolution providing for con- planes; Model DC-8-70 Series Airplanes; and on Ways and Means, for a period to be subse- sideration of the bill (H.R. 3094) to amend the Model DC-8-70F Series Airplanes [Docket quently determined by the Speaker, in each National Labor Relations Act with respect No.: FAA-2011-0221; Directorate Identifier case for consideration of such provisions as to representation hearings and the timing of 2010-NM-120-AD; Amendment 39-16805; AD fall within the jurisdiction of the committee elections of labor organizations under that 2011-18-23] (RIN: 2120-AA64) received Novem- concerned. Act (Rept. 112–291). Referred to the House ber 3, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); By Mr. BECERRA (for himself and Ms. Calendar. to the Committee on Transportation and In- ROS-LEHTINEN): frastructure. f H.R. 3459. A bill to establish within the 3923. A letter from the Program Analyst, Smithsonian Institution the Smithsonian Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS American Latino Museum, and for other pur- the Department’s final rule — Airworthiness Under clause 2 of rule XII, public poses; to the Committee on House Adminis- Directives; Airbus Model A330 B4-600, B4- bills and resolutions of the following tration, and in addition to the Committees 600R, and F4-600R Series Airplanes, and titles were introduced and severally re- on Transportation and Infrastructure, and Model C4-605R Variant F airplanes (Collec- ferred, as follows: Natural Resources, for a period to be subse- tively Called A300-600 Series Airplanes) and quently determined by the Speaker, in each A310 Series Airplanes [Docket No.: FAA-2011- By Mr. MCKINLEY (for himself, Mrs. case for consideration of such provisions as 0647; Directorate Identifier 2010-NM-193-AD; CAPITO, and Mr. RAHALL): fall within the jurisdiction of the committee Amendment 39-16812; AD 2011-20-03] (RIN: H.R. 3451. A bill to designate the Federal concerned. 2120-AA64) received November 3, 2011, pursu- Building and United States Courthouse lo- By Ms. BERKLEY (for herself, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee cated at 1125 Chapline Street in Wheeling, MORAN, and Mr. POLIS): on Transportation and Infrastructure. West Virginia, as the ‘‘Frederick P. Stamp, H.R. 3460. A bill to amend the Internal Rev- 3924. A letter from the Program Analyst, Jr. Federal Building and United States enue Code of 1986 to allow temporarily a re- Department of Transportation, transmitting Courthouse‘‘; to the Committee on Transpor- duced rate of tax with respect to repatriated the Department’s final rule — Airworthiness tation and Infrastructure. foreign earnings; to the Committee on Ways Directives; The Boeing Company Model 737- By Mr. BISHOP of Utah (for himself and Means. 600, -700, -700C, -800, -900, and -900ER Series and Mr. CHAFFETZ): By Mrs. CAPITO (for herself, Mrs. Airplanes [Docket No.: FAA-2008-1118; Direc- H.R. 3452. A bill to provide for the sale of MALONEY, Mr. BACHUS, Mr. torate Identifier 2007-NM-318-AD; Amend- approximately 30 acres of Federal land in SCHWEIKERT, Mr. POSEY, Mr. WEST- ment 39-16792; AD 2011-18-10] (RIN: 2120-AA64) Uinta-Wasatch-Cache National Forest in MORELAND, Mr. RENACCI, Mr. CARNEY, received November 3, 2011, pursuant to 5 Salt Lake County, Utah, to permit the estab- Mr. PEARCE, and Mr. DUFFY): U.S.C. 801(a)(1)(A); to the Committee on lishment of a minimally invasive transpor- H.R. 3461. A bill to improve the examina- Transportation and Infrastructure. tation alternative for skiers, called tion of depository institutions, and for other 3925. A letter from the Program Analyst, ‘‘SkiLink’’, to connect two ski resorts in the purposes; to the Committee on Financial Department of Transportation, transmitting Wasatch Mountains, and for other purposes; Services. the Department’s final rule — Airworthiness to the Committee on Natural Resources. By Mr. CLARKE of Michigan (for him- Directives; Austro Engine GmbH Model E4 By Mr. BENISHEK (for himself, Mr. self, Mr. BENISHEK, Mr. HUIZENGA of Diesel Piston Engines [Docket No.: FAA- RIBBLE, and Mr. HUIZENGA of Michi- Michigan, and Mr. WALBERG): 2010-1055; Directorate Identifier 2010-NE-35- gan): H.R. 3462. A bill to require the Secretary of AD; Amendment 39-16801; AD 2011-18-19] (RIN: H.R. 3453. A bill to amend the Endangered Veterans Affairs to make tuition payments 2120-AA64) received November 3, 2011, pursu- Species Act of 1973 to authorize permits for for veterans enrolled in institutions of high- ant to 5 U.S.C. 801(a)(1)(A); to the Committee takings of wolves to protect from wolf depre- er learning who are receiving assistance on Transportation and Infrastructure. dation in States where wolf populations ex- under the Post-9/11 Educational Assistance 3926. A letter from the Program Analyst, ceed the recovery goals in a recovery plan Program by not later than the tuition due Department of Transportation, transmitting under that Act; to the Committee on Natural date for the quarter, semester, or term; to the Department’s final rule — Airworthiness Resources. the Committee on Veterans’ Affairs.

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By Mr. HARPER (for himself and Mr. of Indiana, Mr. AKIN, Mr. WOLF, Ms. By Mr. MCKINLEY: COLE): LORETTA SANCHEZ of California, Mr. H.R. 3451. H.R. 3463. A bill to reduce Federal spending MCCOTTER, and Mr. BACHUS): Congress has the power to enact this legis- and the deficit by terminating taxpayer fi- H.R. 3466. A bill to amend the Internal Rev- lation pursuant to the following: nancing of presidential election campaigns enue Code of 1986 to establish and provide a Article IV, Section 3, Clause 2 and Article and party conventions and by terminating checkoff for a Breast and Prostate Cancer 1, Section 8, Clause 17 of the Constitution. the Election Assistance Commission; to the Research Fund, and for other purposes; to By Mr. BISHOP of Utah: Committee on House Administration, and in the Committee on Ways and Means, and in H.R. 3452. addition to the Committee on Ways and addition to the Committee on Energy and Congress has the power to enact this legis- Means, for a period to be subsequently deter- Commerce, for a period to be subsequently lation pursuant to the following: mined by the Speaker, in each case for con- determined by the Speaker, in each case for Article I, Section 8 of the United States sideration of such provisions as fall within consideration of such provisions as fall with- Constitution, specifically Clause 1 (relating the jurisdiction of the committee concerned. in the jurisdiction of the committee con- to the power of Congress to provide for the By Mr. HONDA (for himself and Mr. cerned. general welfare of the United States) and COLE): By Mr. MCDERMOTT (for himself and Clause 18 (relating to the power to make all H.R. 3464. A bill to authorize the Secretary Mr. RANGEL): laws necessary and proper for carrying out of Education to award grants to promote H.R. 3467. A bill to amend the Internal Rev- the powers vested in Congress), and Article civic learning and engagement, and for other enue Code of 1986 to reform the estate and IV, Section 3, Clause 2 (relating to the power purposes; to the Committee on Education gift tax; to the Committee on Ways and of Congress to dispose of and make all need- and the Workforce. Means. ful rules and regulations respecting the ter- By Mr. INSLEE (for himself, Mr. GRI- By Mr. MEEHAN (for himself and Ms. ritory or other property belonging to the JALVA, Mr. MARKEY, Ms. DEGETTE, LINDA T. SA´ NCHEZ of California): United States). Mr. HINCHEY, Mr. LANGEVIN, Mr. BER- H.R. 3468. A bill to prevent trafficking in By Mr. BENISHEK: MAN, Mr. GEORGE MILLER of Cali- counterfeit drugs; to the Committee on the H.R. 3453. fornia, Ms. DELAURO, Mr. SERRANO, Judiciary. Congress has the power to enact this legis- Mr. DEFAZIO, Mr. BLUMENAUER, Mr. By Ms. NORTON: lation pursuant to the following: CLEAVER, Mr. MORAN, Mr. ANDREWS, H.R. 3469. A bill to amend the Elementary Article IV, Section 3, Clause 2 Mr. CONNOLLY of Virginia, Mr. WAX- and Secondary Education Act of 1965 to en- The Congress shall have Power to dispose MAN, Mr. HONDA, Ms. ZOE LOFGREN of courage the implementation or expansion of of and make all needful Rules and Regula- California, Mr. LEVIN, Mr. GUTIER- prekindergarten programs for students 4 tions respecting the Territory or other Prop- REZ, Ms. SLAUGHTER, Mr. NADLER, years of age or younger; to the Committee erty belonging to the United States; and Mr. CUMMINGS, Ms. TSONGAS, Mr. on Education and the Workforce. nothing in this Constitution shall be so con- DOYLE, Mr. LARSON of Connecticut, By Mr. RIBBLE (for himself, Mr. strued as to Prejudice any Claims of the Ms. SCHWARTZ, Mr. ACKERMAN, Mr. PETRI, Mr. MEEHAN, and Mr. AUS- United States, or of any particular State. CARSON of Indiana, Mr. STARK, Mr. TRIA): By Mrs. ROBY: LIPINSKI, Ms. KAPTUR, Mr. MURPHY of H.R. 3470. A bill to remove arbitrary and H.R. 3454. Connecticut, Mrs. NAPOLITANO, Mr. anticompetitive limitations from the grant Congress has the power to enact this legis- RAHALL, Mr. MCDERMOTT, Mr. HEIN- program for ICAC Program training; to the lation pursuant to the following: RICH, Mr. SCHIFF, Ms. EDWARDS, Ms. Committee on the Judiciary. In the U.S. Constitution under Article 1, MCCOLLUM, Mrs. DAVIS of California, By Ms. TSONGAS: Section 8, Clause 3, Commerce Clause. Mr. VAN HOLLEN, Mr. GARAMENDI, Mr. H.R. 3471. A bill to authorize the Secretary By Mr. PALAZZO: LUJA´ N, Mr. COOPER, Mr. HOLT, Ms. of Labor to award grants for the employment H.R. 3455. HIRONO, Mr. BRALEY of Iowa, Mrs. of individuals in targeted communities to Congress has the power to enact this legis- CAPPS, Ms. MOORE, Mr. DINGELL, Mr. perform work for the benefit of such commu- lation pursuant to the following: RYAN of Ohio, Mr. PRICE of North nities; to the Committee on Education and Article 1: Section 8 of the Constitution of Carolina, Ms. CHU, Mr. ROTHMAN of the Workforce, and in addition to the Com- the United States of America, ‘‘Congress shall have the power . . . To New Jersey, Ms. WOOLSEY, Mr. WALZ mittee on Ways and Means, for a period to be make laws for the government and regula- of Minnesota, Ms. LEE of California, subsequently determined by the Speaker, in tion of the land and naval forces.’’ Mr. PASCRELL, Mr. MCNERNEY, Mr. each case for consideration of such provi- By Ms. HAYWORTH: JOHNSON of Georgia, Mr. OLVER, Ms. sions as fall within the jurisdiction of the H.R. 3456. ESHOO, Mr. ELLISON, Mr. CONYERS, committee concerned. Congress has the power to enact this legis- Mrs. MALONEY, Mr. TIERNEY, Mr. By Mr. YOUNG of Alaska: lation pursuant to the following: CARNAHAN, Ms. NORTON, Ms. H.R. 3472. A bill to prevent forfeited fishing Article I, Section 8, Clause 1: The Congress VELA´ ZQUEZ, Mr. FILNER, Ms. SPEIER, vessels from being transferred to private par- shall have Power to lay and collect Taxes, Ms. MATSUI, Mr. SCOTT of Virginia, ties and for other purposes; to the Com- Duties, Imposts and Excises, to pay the Ms. EDDIE BERNICE JOHNSON of Texas, mittee on Transportation and Infrastruc- Debts and provide for the common Defense Mr. FARR, Ms. JACKSON LEE of Texas, ture, and in addition to the Committees on and general Welfare of the United States; but Mr. QUIGLEY, Ms. ROYBAL-ALLARD, Natural Resources, Energy and Commerce, all Duties, Imposts and Excises shall be uni- Mr. SMITH of Washington, Mr. HAS- and Ways and Means, for a period to be sub- form throughout the United States. TINGS of Florida, Ms. BROWN of Flor- sequently determined by the Speaker, in each case for consideration of such provi- By Mr. ISRAEL: ida, Ms. SUTTON, Mr. RANGEL, Mr. H.R. 3457. sions as fall within the jurisdiction of the SARBANES, Ms. FUDGE, Mr. MCGOV- Congress has the power to enact this legis- committee concerned. ERN, Mr. HIGGINS, Mr. JACKSON of Illi- lation pursuant to the following: By Ms. CASTOR of Florida: nois, Ms. SCHAKOWSKY, Mr. MILLER of Article I, Section 8 Clause 3 of the United H.J. Res. 89. A joint resolution proposing a North Carolina, Mr. KILDEE, Mr. DOG- States Constitution, which grants Congress balanced budget amendment to the Constitu- GETT, Mr. NEAL, Mrs. LOWEY, Mr. the power ‘‘to regulate Commerce with for- tion of the United States; to the Committee CICILLINE, Mr. COHEN, Mr. RUSH, Mr. eign Nations, and among the several States, on the Judiciary. ISRAEL, Mr. KEATING, Mr. KUCINICH, and with Indian Tribes.’’ By Mr. KING of Iowa (for himself, Mr. Ms. RICHARDSON, Mr. CLAY, Mr. By Mr. SCHOCK: CHABOT, Mr. PAUL, Mr. WALSH of Illi- TONKO, Mr. SHERMAN, Mr. FATTAH, H.R. 3458. nois, and Mr. WESTMORELAND): Mr. JOHNSON of Illinois, Mr. KIND, Congress has the power to enact this legis- H. Res. 471. A resolution amending the Mrs. MCCARTHY of New York, and Ms. lation pursuant to the following: Rules of the House of Representatives to re- CASTOR of Florida): The constitutional authority on which this quire that rescission bills always be consid- H.R. 3465. A bill to protect inventoried bill rests is the power of Congress as stated ered under open rules every year, and for roadless areas in the National Forest Sys- in Article I, Section 8 of the United States other purposes; to the Committee on Rules. tem; to the Committee on Agriculture, and Constitution. in addition to the Committee on Natural Re- f By Mr. BECERRA: sources, for a period to be subsequently de- CONSTITUTIONAL AUTHORITY H.R. 3459. termined by the Speaker, in each case for Congress has the power to enact this legis- consideration of such provisions as fall with- STATEMENT lation pursuant to the following: in the jurisdiction of the committee con- Pursuant to clause 7 of rule XII of Article I, Section 8, clause 17 and Article I, cerned. the Rules of the House of Representa- Section 8, clause 18 of the Constitution. By Mr. KING of New York (for himself, tives, the following statements are sub- By Ms. BERKLEY: Mr. CUELLAR, Mr. GRIMM, Mrs. mitted regarding the specific powers H.R. 3460. MCCARTHY of New York, Mr. MEEKS, Congress has the power to enact this legis- Mr. POLIS, Mr. HANNA, Mr. MCCAUL, granted to Congress in the Constitu- lation pursuant to the following: Mr. DAVID SCOTT of Georgia, Mr. tion to enact the accompanying bill or Article I, § 8 of the United States Constitu- BRADY of Pennsylvania, Mr. BURTON joint resolution. tion.

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By Mrs. CAPITO: This bill is enacted pursuant to Article I, H.R. 1352: Mr. WELCH. H.R. 3461. Section 8, Clause 3 of the Constitution of the H.R. 1370: Mr. NUNES and Mr. DESJARLAIS. Congress has the power to enact this legis- United States and Article I, Section 8, H.R. 1386: Mr. ISRAEL, Mr. ELLISON, Mr. lation pursuant to the following: Clause 18 of the Constitution of the United CARNAHAN and Ms. SLAUGHTER. Article I, Section 8, Clause 3, authorizing States. H.R. 1416: Mr. GRIJALVA. Congress to regulate Commerce with foreign By Ms. NORTON: H.R. 1426: Mr. DUNCAN of South Carolina, Nations, and among the several States, and H.R. 3469. Mr. GERLACH and Mr. FLEISCHMANN. with the Indian Tribes. Congress has the power to enact this legis- H.R. 1449: Mr. HARRIS and Mr. GEORGE MIL- By Mr. CLARKE of Michigan: lation pursuant to the following: LER of California. H.R. 3462. Congress has the power to enact this legis- H.R. 1489: Mr. PALLONE. Congress has the power to enact this legis- lation pursuant to the following: clause 1 of H.R. 1558: Mr. WHITFIELD. lation pursuant to the following: section 8 of article I of the Constitution. H.R. 1633: Mr. AKIN and Mr. BROUN of Geor- Article I, Section 8, Clause 18 (Necessary By Mr. RIBBLE: gia. and Proper) H.R. 3470. H.R. 1639: Mr. CRAWFORD, Mr. MEEHAN, Mr. The Congress shall have Power *** To Congress has the power to enact this legis- MARCHANT and Ms. WILSON of Florida. make all Laws which shall be necessary and lation pursuant to the following: H.R. 1648: Mr. WELCH, Mr. RUPPERSBERGER, proper for carrying into Execution the fore- Article I, Section 8, Clause 1 of the U.S. Mr. MCNERNEY and Mr. INSLEE. going Powers, and all other Powers vested by Constitution. H.R. 1653: Mr. NEUGEBAUER, Mr. the Constitution in the Government of the By Ms. TSONGAS: DESJARLAIS and Mr. RIBBLE. United States, or in any Department or Offi- H.R. 3471. H.R. 1715: Mr. ROHRABACHER. cer thereof. Congress has the power to enact this legis- H.R. 1730: Ms. HANABUSA, Ms. BASS of Cali- By Mr. HARPER: lation pursuant to the following: fornia, Ms. BROWN of Florida, Mr. CICILLINE, H.R. 3463. Article I, Section 8. Ms. JACKSON LEE of Texas and Ms. WILSON of Congress has the power to enact this legis- By Mr. YOUNG of Alaska: Florida. lation pursuant to the following: H.R. 3472. H.R. 1734: Mr. DUNCAN of South Carolina Article I, Section 4 of the U.S. Constitu- Congress has the power to enact this legis- and Mr. WESTMORELAND. tion granting Congress the authority to lation pursuant to the following: H.R. 1738: Ms. WASSERMAN SCHULTZ. make laws governing the time, place, and Article 1, Section 8, Clause 3 and Article 1, H.R. 1744: Mr. DUFFY. manner of holding Federal elections. Section 8, Clause 1. H.R. 1749: Mr. CLEAVER. Additionally, Amendment XVI to the By Ms. CASTOR of Florida: H.R. 1755: Mr. CHANDLER. United States Constitution. H.J. Res. 89. H.R. 1756: Mr. KELLY and Mr. MEEKS. Additionally, since the Constitution does Congress has the power to enact this legis- H.R. 1798: Mr. DANIEL E. LUNGREN of Cali- not provide Congress with the power to pro- lation pursuant to the following: fornia and Mr. GARRETT. vide financial support to candidates seeking Article V of The Constitution. H.R. 1815: Mr. HEINRICH, Mr. INSLEE, Mr. election to offices of the United States or to MILLER of Florida, Mr. STEARNS, Mr. SIMP- U.S. political parties, the general repeal of f SON, and Mr. FALEOMAVAEGA. the presidential election fund is consistent H.R. 1834: Mr. ALTMIRE. ADDITIONAL SPONSORS with the powers that are reserved to the H.R. 1842: Mr. BRADY of Pennsylvania and States and to the people as expressed in Under clause 7 of rule XII, sponsors Mr. BISHOP of New York. Amendment X to the United States Con- were added to public bills and resolu- H.R. 1903: Ms. DEGETTE and Mr. GRIJALVA. stitution. tions as follows: H.R. 1946: Mr. AUSTIN SCOTT of Georgia. Further, Article I, Section 8 defines the H.R. 1971: Mr. AUSTIN SCOTT of Georgia. H.R. 10: Mr. DESJARLAIS, Mr. FLAKE, Mr. scope and powers of Congress and does not H.R. 2040: Mr. AUSTIN SCOTT of Georgia. MICA and Mr. DOLD. include this concept of taxation in further- H.R. 2053: Mr. BENISHEK. NSLEE ance of funding campaigns within the dele- H.R. 23: Mr. I . H.R. 2070: Mr. RIBBLE, Mr. STUTZMAN, Mrs. ERG gated powers. H.R. 114: Mr. B . HARTZLER, Mr. BROOKS, Mr. LANKFORD, Mr. OE OFGREN By Mr. HONDA: H.R. 139: Ms. Z L of California, CONAWAY, and Mr. HUIZENGA of Michigan. H.R. 3464. Mr. CARSON of Indiana, Mr. ANDREWS, Ms. H.R. 2122: Mr. TURNER of New York, Mr. Congress has the power to enact this legis- DELAURO, Ms. DEGETTE and Mr. KEATING. MCCAUL, and Mr. BILIRAKIS. lation pursuant to the following: H.R. 303: Ms. ZOE LOFGREN of California. H.R. 2131: Mr. ROSS of Arkansas, Mr. Article 1, Section 8, Clause 18 of the United H.R. 365: Mr. HOLDEN. BRALEY of Iowa, Mr. SHULER, Ms. HERRERA States Constitution H.R. 436: Mr. TURNER of New York. BEUTLER, Mr. DUNCAN of Tennessee, Mr. By Mr. INSLEE: H.R. 458: Mr. RUSH. GUTHRIE, and Ms. JENKINS. H.R. 3465. H.R. 463: Mr. DUNCAN of South Carolina. H.R. 2137: Mrs. CAPITO. Congress has the power to enact this legis- H.R. 487: Mr. GENE GREEN of Texas. H.R. 2226: Mr. ANDREWS. lation pursuant to the following: H.R. 615: Ms. HAYWORTH. H.R. 2288: Mr. BACHUS and Mr. ROONEY. The Constitutional authority of Congress H.R. 665: Mr. QUIGLEY. H.R. 2299: Mr. MCCLINTOCK. to enact this legislation is provided by . . . H.R. 733: Mr. BOUSTANY and Mr. COHEN. H.R. 2334: Mr. DEUTCH and Mr. ANDREWS. Article 1, Section 8, Clause 18, which pro- H.R. 735: Mr. AKIN. H.R. 2360: Mr. HOLT. vides that Congress shall have the power to H.R. 745: Mr. GRIFFIN of Arkansas. H.R. 2446: Mr. DOLD, Mr. COOPER, and Mr. make all Laws which shall be necessary and H.R. 778: Mr. RAHALL, Mr. CUMMINGS, Mr. FLEISCHMANN. proper for carrying into Execution the fore- CONYERS and Ms. BERKLEY. H.R. 2477: Mr. COSTA. going Powers, and all other Powers vested by H.R. 797: Ms. WOOLSEY. H.R. 2492: Ms. HAHN and Mr. BARTLETT. the Constitution in the Government of the H.R. 835: Mr. BARTLETT and Mr. WALBERG. H.R. 2505: Mr. KIND, Ms. ROYBAL-ALLARD, United States, or in any Department or Offi- H.R. 893: Ms. MCCOLLUM. and Mr. PERLMUTTER. cer thereof. H.R. 998: Mr. INSLEE. H.R. 2514: Mr. BERG. By Mr. KING of New York: H.R. 1029: Mr. PERLMUTTER. H.R. 2580: Mr. SERRANO. H.R. 3466. H.R. 1148: Mr. SCHIFF, Mr. CARNEY, Mr. POE H.R. 2604: Ms. HAHN. Congress has the power to enact this legis- of Texas, Mr. HIMES, Mr. GENE GREEN of H.R. 2617: Ms. PINGREE of Maine. lation pursuant to the following: Texas, Mr. MICHAUD, Mr. FRANK of Massachu- H.R. 2672: Mr. KELLY. Article I, Section 8, Clause 1 setts, Mr. BURGESS, Mr. CHABOT, Mr. HIN- H.R. 2674: Mr. PALAZZO. The Congress shall have Power to lay and CHEY, Ms. PINGREE of Maine, Mr. HEINRICH, H.R. 2679: Mrs. CHRISTENSEN. collect Taxes, Duties, Imposts and Excises, Mr. WEST, Mr. PETERS, Mr. BASS of New H.R. 2697: Mr. WESTMORELAND, Mr. MORAN, to pay the Debts and provide for the common Hampshire, Mr. PRICE of North Carolina and and Ms. BERKLEY. Defence and general Welfare of the United Mr. ACKERMAN. H.R. 2705: Mr. DOGGETT. States; but all Duties, Imposts and Excises H.R. 1164: Mr. WESTMORELAND and Mr. DUN- H.R. 2717: Mr. BUTTERFIELD, Mr. PRICE of shall be uniform throughout the United CAN of South Carolina. North Carolina, Mr. KISSELL, Mr. BOSWELL, States. H.R. 1167: Mr. BILIRAKIS. Mr. PETERSON, Mr. ANDREWS, Mr. SHULER, By Mr. MCDERMOTT: H.R. 1173: Mr. SHUSTER. Mr. CLAY, Mr. BARTLETT, Mr. BOREN, Mr. H.R. 3467. H.R. 1175: Ms. SCHWARTZ. ALTMIRE, and Mr. COOPER. Congress has the power to enact this legis- H.R. 1176: Mr. HIMES. H.R. 2731: Mr. FLORES. lation pursuant to the following: H.R. 1193: Mr. ENGEL. H.R. 2735: Ms. JENKINS. Clause 1 of Section 8 of Article 1 of the H.R. 1206: Mr. DAVIS of Kentucky. H.R. 2770: Mr. PETERSON. United States Constitution H.R. 1221: Mr. COFFMAN of Colorado. H.R. 2787: Mr. ALTMIRE. By Mr. MEEHAN: H.R. 1281: Mr. LATTA. H.R. 2815: Ms. JACKSON LEE of Texas. H.R. 3468. H.R. 1307: Mr. WESTMORELAND and Mr. DUN- H.R. 2827: Mr. HUIZENGA of Michigan. Congress has the power to enact this legis- CAN of South Carolina. H.R. 2874: Mr. MANZULLO, Mr. MILLER of lation pursuant to the following: H.R. 1340: Mr. GUTHRIE. Florida, and Mr. CASSIDY.

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H.R. 2885: Mr. COFFMAN of Colorado and Mr. STANY, Ms. SCHWARTZ, Mr. STEARNS, Mr. LUETKEMEYER, Mr. KINGSTON, Mr. KINZINGER CRENSHAW. AKIN, Mrs. DAVIS of California, Mr. GINGREY of Illinois, Mr. KISSELL, Mr. MCCAUL, Mr. H.R. 2898: Mr. LATTA. of Georgia, Mr. HANNA, Mr. DESJARLAIS, Mrs. MCDERMOTT, Mr. MCGOVERN, Mr. BERG, Mrs. H.R. 2900: Mr. ROSS of Florida and Mr. AUS- ROBY, Mr. KINZINGER of Illinois, Mr. BLACK, Mr. BENISHEK, Mrs. CAPITO, Mr. TIN SCOTT of Georgia. MCHENRY, Mr. RIBBLE, Ms. HAHN, Mr. CRAVAACK, Mr. DUFFY, Mr. FLEISCHMANN, Ms. H.R. 2902: Mr. JACKSON of Illinois, Mr. MATHESON, Mr. GRIMM, Mr. WALZ of Min- GRANGER, Mr. GRAVES of Missouri, Mr. HAR- COHEN, Mr. CLARKE of Michigan, and Ms. nesota, and Mrs. BLACK. RIS, Mr. HURT, Ms. JENKINS, Mr. SIMPSON, HAHN. H.R. 3294: Mr. ROKITA. Ms. SPEIER, Mr. WALSH of Illinois, and Mr. H.R. 2914: Ms. SPEIER. H.R. 3299: Ms. WASSERMAN SCHULTZ. CONAWAY. H.R. 2926: Mr. AUSTIN SCOTT of Georgia. H.R. 3327: Mr. TURNER of New York, Mr. H.R. 3425: Mr. TIERNEY. H.R. 2948: Mr. SHERMAN. HANNA, Mr. LONG, and Mr. RIBBLE. H.R. 3440: Mr. ROSS of Florida, Mr. DANIEL H.R. 2949: Mr. CUELLAR. H.R. 3359: Mr. JONES, Mr. MCNERNEY, and E. LUNGREN of California, and Mr. YOUNG of H.R. 2950: Mr. CUELLAR. Mr. FARR. Alaska. H.R. 2962: Mr. GRIJALVA, Mrs. BLACK, Mr. H.R. 3362: Mr. GOHMERT. HECK, Mr. HIMES, and Mr. REHBERG. H.R. 3364: Mr. LATHAM, Mr. DOYLE, and Mr. H.J. Res. 28: Mr. HONDA, Mr. ELLISON, Mr. H.R. 2966: Mr. MEEHAN and Mr. HANABUSA. BOSWELL. BISHOP of Georgia, Ms. RICHARDSON, Ms. WIL- H.R. 2978: Mr. FINCHER, Mr. WHITFIELD, Ms. H.R. 3373: Mr. LUJA´ N. SON of Florida, and Mrs. CHRISTENSEN. JENKINS, Mr. COBLE, and Mr. GOWDY. H.R. 3381: Mr. PIERLUISI. H.J. Res. 29: Mr. ELLISON. H.R. 2982: Mr. BRALEY of Iowa, Mr. DUNCAN H.R. 3391: Ms. DEGETTE. H.J. Res. 30: Mr. ELLISON. H.R. 3409: Mr. ROE of Tennessee, Mr. of South Carolina, Mr. BUTTERFIELD, and Mr. H.J. Res. 31: Mr. ELLISON. BUCSHON, Mr. KELLY, and Mr. ROGERS of Ken- CAPUANO. H.J. Res. 32: Mr. ELLISON. H.R. 3020: Mr. GUTIERREZ and Mr. NEAL. tucky. H.J. Res. 33: Mr. ELLISON. H.R. 3039: Mr. HANABUSA, Mr. HONDA, and H.R. 3410: Mr. DENT and Mr. SCHILLING. H.R. 3414: Mr. WALBERG and Mr. MARCHANT. H.J. Res. 34: Mr. ELLISON. Mr. LOBIONDO. H.R. 3421: Mr. MARINO, Mr. ROONEY, Mr. H.R. 3059: Mr. COHEN. H.J. Res. 35: Mr. ELLISON. RIMM EST SONGAS ANNA H.R. 3063: Mr. GUTIERREZ. G , Mr. W , Ms. T , Mr. H , H.J. Res. 36: Mr. GENE GREEN of Texas and H.R. 3096: Ms. HERRERA BEUTLER. Mr. NUNES, Mr. FITZPATRICK, Mr. MCKINLEY, Mr. ELLISON. H.R. 3126: Mr. STARK. Mr. CRENSHAW, Mr. GUINTA, Ms. BERKLEY, H.J. Res. 86: Mr. COHEN. Ms. HIRONO, Mr. CALVERT, Mr. MURPHY of H.R. 3127: Mr. COBLE. H.J. Res. 87: Mr. CICILLINE, Mr. LANGEVIN, Pennsylvania, Ms. JACKSON LEE of Texas, H.R. 3151: Mr. NADLER and Ms. DELAURO. and Mr. YARMUTH. Mr. WALDEN, Mr. THOMPSON of Pennsylvania, H.R. 3159: Mr. ROHRABACHER. H. Con. Res. 63: Ms. KAPTUR and Ms. WOOL- ISHOP Mr. CRITZ, Mr. BROOKS, Ms. ESHOO, Mr. RUN- H.R. 3178: Mr. B of New York, Mr. SEY. HOLT, Mr. KUCINICH, Mr. SCOTT of Virginia, YAN, Mr. GOWDY, Mr. HECK, Mr. WOLF, Mr. H. Con. Res. 82: Mr. RIBBLE. and Mr. HONDA. HOLDEN, Mr. OLVER, Mr. KELLY, Mr. ALT- H. Res. 295: Mr. ROTHMAN of New Jersey, H.R. 3179: Mr. CRAWFORD and Mr. CAPUANO. MIRE, Mr. ROSS of Florida, Mr. SCOTT of A OURETTE EYES H.R. 3236: Mr. MORAN. South Carolina, Mr. SULLIVAN, Ms. RICHARD- Mr. L T , and Mr. R . H.R. 3268: Mr. RUSH. SON, Mr. POLIS, Mr. CRAWFORD, Mrs. ROBY, H. Res. 298: Mr. POLIS and Mr. TIPTON. H.R. 3269: Mr. CRAWFORD, Mr. ROSS of Flor- Mr. PALAZZO, Mr. BRADY of Pennsylvania, H. Res. 433: Mr. FORBES and Mr. WILSON of ida, Mr. NEAL, Mr. PIERLUISI, Mr. ADERHOLT, Mr. HOLT, Mr. SHULER, Mr. LIPINSKI, Mr. South Carolina. Mr. MILLER of Florida, Mr. BROOKS, Mrs. WALZ of Minnesota, Mr. DENHAM, Mr. GUTH- H. Res. 468: Mr. HANNA, Mr. CHABOT, Mr. MYRICK, Mr. HECK, Mr. FINCHER, Mr. CAS- RIE, Mr. GIBBS, Mr. BISHOP of New York, Mr. MULVANEY, Ms. HAHN, Mr. BARTLETT, Mr. SIDY, Mr. GERLACH, Mr. MULVANEY, Mr. BOSWELL, Mr. DUNCAN of South Carolina, Mr. COFFMAN of Colorado, Mrs. ELLMERS, Mr. CRITZ, Mr. GUTHRIE, Mr. FRANK of Massachu- FARENTHOLD, Mrs. CHRISTENSEN, Mr. LANDRY, Mr. ROE of Tennessee, Mr. RIGELL, setts, Mr. SIMPSON, Mr. RUPPERSBERGER, Ms. HUIZENGA of Michigan, Mr. DOYLE, Mr. YAR- Mr. RICHMOND, Mr. LOEBSACK, Mr. COBLE, and WILSON of Florida, Mr. SESSIONS, Mr. BOU- MUTH, Mr. LOEBSACK, Mrs. SCHMIDT, Mr. Ms. RICHARDSON.

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Vol. 157 WASHINGTON, THURSDAY, NOVEMBER 17, 2011 No. 176 Senate The Senate met at 10 a.m. and was Mr. UDALL of New Mexico thereupon to extend unemployment benefits and called to order by the Honorable TOM assumed the chair as Acting President cut middle-class taxes. But when the UDALL, a Senator from the State of pro tempore. CBO looked at the GOP plan to elimi- New Mexico. f nate safeguards that protect lives, save money, and shield the environment, it PRAYER RECOGNITION OF THE MAJORITY concluded that the idea was a flop. The The Chaplain, Dr. Barry C. Black, of- LEADER study concluded that the effects of the fered the following prayer: The ACTING PRESIDENT pro tem- changes the Republicans propose would Eternal God, let Your peace that pore. The majority leader is recog- be negligible at best and at worst could passes understanding be felt on Capitol nized. actually lower economic growth and Hill. Remove distracting priorities f slow hiring. from the minds of our Senators, lead- Although their plan would have no ing them to focus on the things that SCHEDULE positive effect on our economy, the Re- really matter. Take away disturbing Mr. REID. Following leader remarks, publicans want to gut the safeguards doubts, providing them with certitude the Senate will be in a period of morn- that saved hundreds of thousands of regarding Your providential power and ing business for 1 hour. The Repub- lives just last year alone. Although purpose. Eradicate false ambition, as licans will control the first half and their plan could potentially slow eco- You make them content to serve You the majority will control the final half. nomic growth, they want to gut the where they are and as they are. Following morning business, the Sen- safeguards that save American compa- In a special way, guide the supercom- ate will begin consideration of S. 1867, nies and consumers $1.3 trillion each mittee in its challenging work. And, the Department of Defense authoriza- year by increasing productivity and re- Lord, as we enter this season of grati- tion bill. ducing medical bills. Nonpartisan ex- perts agree this is not the road to re- tude, make us truly thankful. We expect to receive the conference covery. They also agree with Demo- We pray in Your strong Name. Amen. report to accompany H.R. 2112, the Ag- crats that putting money back into the f riculture, CJS, and Transportation ap- pockets of middle-income families and propriations bill, which also contains PLEDGE OF ALLEGIANCE small businesses with tax credits and the CR, during today’s session. The in- The Honorable TOM UDALL led the refunds and extending unemployment formation I have gotten from the benefits is the most efficient way to Pledge of Allegiance, as follows: House—and it could change—is that it I pledge allegiance to the Flag of the get Americans working again to turn will be late. I spoke to Senator LEVIN our economy around. Families who United States of America, and to the Repub- earlier today. It appears we will have lic for which it stands, one nation under God, have more money to spend will pump it indivisible, with liberty and justice for all. to be in session to try to work through back into the economy. Businesses some of that bill, anyway, tomorrow, f that have more money to spend will so we may not be able to complete the hire new workers. At a time where we APPOINTMENT OF ACTING conference report and the continuing need to conserve every dollar and get PRESIDENT PRO TEMPORE resolution today. We will see what de- the most bang for the buck, these pro- The PRESIDING OFFICER. The velops as the day goes on. posals do more with less. clerk will please read a communication f As we continue to discuss ways to to the Senate from the President pro combat high unemployment in the CBO REPORT tempore (Mr. INOUYE). coming months, it would behoove my The assistant bill clerk read the fol- Mr. REID. This week, the non- Republican colleagues to remember lowing letter: partisan Congressional Budget Office, that not all proposals are created U.S. SENATE, known as the watchdog of the Senate, equally. When we consider our next PRESIDENT PRO TEMPORE, confirmed what Democrats have been jobs bill in December, my Republican Washington, DC, November 17, 2011. saying for months—that the so-called friends will once again face a choice: To the Senate: Republican jobs plan isn’t much of a We can cling to ideological proposals Under the provisions of rule I, paragraph 3, plan and it wouldn’t create any jobs. we know won’t work or they can join of the Standing Rules of the Senate, I hereby The Congressional Budget Office re- forces with Democrats to pass pro- appoint the Honorable TOM UDALL, a Senator from the State of New Mexico, to perform port analyzed different approaches to posals we know will create jobs. I hope the duties of the Chair. spurring economic growth and jobs pro- the Republicans prove to be more in- DANIEL K. INOUYE, posed by both parties. Among the top terested in getting results than in get- President pro tempore. job creators were Democratic proposals ting their way.

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

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According to one esti- mitted to speak therein for up to 10 f mate, this bill could save more than minutes each, with the time equally di- JOB CREATION 200,000 jobs and provide greater cer- vided and controlled between the two tainty for businesses that are asking us leaders or their designees, with the Re- Mr. MCCONNELL. Over the past few for it. The EPA has asked for more weeks, I have repeatedly come to the publicans controlling the first half and time. Both parties support it. Let’s the majority controlling the final half. floor to highlight the good work Re- pass it. f publicans in the House have been doing Once we pass that bill, we should in identifying jobs legislation on which take up the four other bipartisan THE FINANCIAL FUTURE the two parties can actually agree. At House-passed bills I highlighted last Mr. SESSIONS. Mr. President, once last count, House Republicans had week. These four bills would help busi- again we find ourselves in a too famil- passed 22 jobs bills which were designed nesses raise capital, expand their busi- iar position. Secret meetings over the not only to incentivize the private sec- nesses, and create more jobs. They all financial future of our country are tor to create jobs but which were also passed with bipartisan support over in being held as we head toward the final designed to attract strong bipartisan the House. We have bipartisan com- hours—really final minutes as has been support. In other words, House Repub- panion or similar legislation right here the pattern around here—of an agree- licans have been designing jobs legisla- in the Senate. What is the holdup? ment that will be produced for us and tion that could actually pass. They Let’s pass these bills too. expected to be passed by a committee have been legislating with an eye to- There is the Small Company Capital of 12. It is less than a week until the ward making a difference instead of Formation Act, cosponsored by Sen- deadline and no language has been just making a point. ators TESTER and TOOMEY. Its com- made public. I have been encouraging the Demo- panion legislation got 183 Democratic The American people should be able cratic majority here in the Senate to votes in the House. Let’s pass it. to make their voice heard before the follow the House’s lead, take up these There is the Community Bank Re- committee votes because the truth is, bipartisan jobs bills, pass them here in source Improvement Act, cosponsored once that vote happens there will be no the Senate, and send them to the Presi- by Senators HUTCHISON and PRYOR. Its opportunity to change their product. It dent for signature. That way we would companion legislation in the House got will be up or down, the train will have actually be helping to create jobs, and 184 Democrats. Let’s take it up and left the station. The bill will, hope- we would send a message to the Amer- pass it. fully, be a good bill that can pass but ican people that we can actually do There is the Private Company Flexi- we will not have any opportunity to something many of them think we bility and Growth Act, cosponsored by amend it. don’t do enough of around here; that is, Senators TOOMEY and CARPER. Let’s That is not the way Congress was set work together. pass it. up to work. I happened to catch, this This morning, I would like to call on There is the Democratizing Access to morning, a statement by former Sec- my Democratic colleagues once again Capital Act, sponsored by Senator retary of Defense under President Bush to take me up on the offer. Once we get SCOTT BROWN. A similar bill in the and President Obama, Robert Gates. back from Thanksgiving, let’s take up House passed with 407 votes, including This is a statement he made in an these bipartisan bills that have already 169 from Democrats. Let’s pass it. interview: passed the House, pass them here in There is the Access to Capital for Job I think, frankly, the creation of this super- the Senate, and send them down to the Creators Act, cosponsored by Senator committee was a complete abdication of re- President for signature. We showed we THUNE. It passed the House with 413 sponsibility on the part of Congress. It basi- can do it last week when we worked to- votes, including 175 Democrats. Let’s cally says, ‘‘This is too hard for us. Give us gether to pass Senator BROWN’s 3 per- pass it. a BRAC. Give us a package where all I have to do is vote it up or vote it down and I don’t cent withholding bill and Senator MUR- And we shouldn’t stop there. As I see RAY’s Veterans bill. In fact, yesterday have to take any personal responsibility for it, there is no reason we shouldn’t take the tough decisions.’’ So now we are left the House passed this legislation 422 to up every one of these bipartisan bills 0, sending it to the White House for the with this Sword of Damocles hanging over that have already passed the House the government, hanging over defense, and if President’s signature. So I would like once we get back and pass them, one by these cuts are automatically made, I think to call on the President this morning one. They all passed the House on a bi- the results for our national security will be to invite Senator BROWN down to the partisan basis. They all help the pri- a catastrophe. White House for the signing ceremony, vate sector create jobs. There is no That is what the former Secretary of which would show the American people good reason we shouldn’t take up all Defense said recently. that cooperation is, indeed, possible these bills and pass them right here in Admiral Mullen, when asked about when the Senate focuses on bipartisan the Senate because if we can’t pass jobs this in response to a question I asked job-creation solutions. legislation on which we all agree, then him at the Armed Services Com- Let’s continue to build off that mo- what are we going to pass? This should mittee—the then-Chairman of the mentum and do more. Many of the bi- be a layup. Joint Chiefs said, if this sequester partisan House-passed bills already The Republican House has done its takes place: have companion or similar legislation job. It is time for the Senate to act. It has a good chance of breaking us and here in the Senate. There is no reason Let’s do what the American people ex- putting us in a position of not keeping faith we can’t start to take them up as soon pect us to do. Let’s take up these jobs with this all volunteer force that has fought as we get back. There is a lot we could bills when we return, pass them, and two wars. . . . It will impose a heavy penalty do. on developing equipment for the future, and send them down to the President for it will hollow us out. Yesterday, I highlighted a bill by signature. Let’s do the work we were OLLINS One of the reasons I am here this Senator C , the EPA Regulatory sent here to do. morning is to issue a warning and call Relief Act. It has strong support from Mr. President, I yield the floor. both Republicans and Democrats right attention to some matters that I be- here in the Senate, including 12 Demo- f lieve are important. People will make cratic cosponsors. Let’s pass it. The many promises about what this deal House-passed version of this bill passed RESERVATION OF LEADER TIME will be about if it passes and they overwhelmingly. It got more than 40 The ACTING PRESIDENT pro tem- reach an agreement. Hopefully they Democratic votes. It is supported by pore. Under the previous order, the will reach an agreement that is one more than 300 business groups, includ- leadership time is reserved. that can be honestly defended and we

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7635 will all be happy to vote for it. But are on a steadfast path and have been years. More and more we are hearing what we have seen so far indicates that to reduce. that coming out of this recession is secret deals, while they remain secret, The President’s supercommittee pro- going to be a long, tough, slow slog. If are promoted to be far better than they posal that he submitted to this com- we want to spend more money and are when you begin to see what is in mittee of 12 claims $2 in cuts for every claim to have a budget that improves them. The devil will always be in the $1 in taxes. But the reality, as we see our financial situation, one way to do details. it, there are no real cuts and 100 per- it is to just assume more growth than Yesterday on the floor I spoke about cent of the reduction will come from is actually going to occur, that the ex- the Budget Control Act disaster fund- more taxes, more spending, more debt perts don’t believe will actually occur. ing gimmick. Over 10 years, the cumu- so far. So if this committee proposes a If we do that, that is phony accounting. lative cost of this gimmick will be solution and asks us to vote for it, here Our numbers may look better today about $140 billion to the Treasury, in- are some things we should look for and but not as the years go by. That is the cluding interest. Done with just a few not be happy with, if they are in the kind of thinking that has gotten us in words tucked into the bill, people did bill. The pattern has been—I would say the deep debt hole we are in today. not understand the effect of disaster for the promoters of these agree- Another thing to watch out for is the provisions. It came out in the eleventh ments—to spin them to sound better claim that interest savings derived hour into the final agreement and peo- than they are. from tax increases are spending cuts. ple voted on it without fully under- One of the things we should look out Interest expense—and it is substantial standing what it meant. So just a few for are claims of spending reductions for our country—is a byproduct of words can dramatically alter the fu- that occur by setting a cap on war spending and taxes. If you drive up ture fiscal situation of our country. spending, as I indicated. The money debt, our interest payment will go up. The record of broken promises is was never going to be spent. Some are If we raise taxes and reduce the deficit, long, improvident promises about what claiming $1 trillion in savings from then interest rates drop. We can’t a bill would do. Many deals have been that and it should not be counted. An- count the interest reduction as a proposed that have promised serious other thing we would look at are front- spending cut. That is not cutting any spending cuts and minimal tax in- loaded promises, front-loaded revenue real spending. That is just avoiding a creases only for the reverse to be actu- increases, tax increases that occur now future interest growth that would have ally true. along with back-loaded promises of occurred if we haven’t done it. I don’t Let me run down a brief list: The spending cuts in the future—in the out- think we should count—and we must President’s budget, submitted earlier years then they claim these savings. not count—interest reductions either this year, was accompanied with the But the pattern around here is that from tax increases or spending cuts as President’s claim that it ‘‘does not add once a tax increase is passed, it is a spending cut. to our debt.’’ Clearly, one of the most there, but a promise of a spending cut I would also like to talk about the dramatic, erroneous, blatantly false in the future very often does not be- Defense cuts, briefly. Majority Leader statements ever issued by a President come a reality. We know that. That is REID said this just yesterday, I believe: of the United States. The reality is, the pattern that has put us in such a If the committee fails to act, sequestration that budget would double the debt of desperate financial condition today, That is, automatic cuts— the United States in 11 years. That just that kind of activity. So whatever is going to go forward. Democrats are not budget would have as its lowest single happens this time, this cannot be part going to take an unfair, unrealistic load di- annual deficit, according to CBO, an of the process. rected toward domestic discretionary spend- annual deficit of $724 billion with defi- We need to watch for a plan that ing . . . and take it away from the military. cits in the years 8, 9, 10 up to $1 trillion would rely on directions to standing In other words, take the cuts away again. It increased spending, it in- committees in the House and Senate from the military. The automatic cuts creased taxes, and it increased the debt to, at some point in the future, produce that would fall on the military, which more than if we had done nothing. legislation that might reduce entitle- are, as Admiral Mullen, the former Then the Senate Democrats talked ment spending and/or would raise rev- Chairman of the Joint Chiefs said, will about a budget I called a phantom enue. hollow us out. budget. We have not had one in the These committees have not followed These automatic cuts are odd. Many Senate for 932 days. So they talked through on that in the past, and the programs with rising costs are pro- about a budget, and they made some supercommittee’s directions to them, tected from any cuts. Cuts are prohib- claims, but we never saw it in detail— we have to know, are not likely to ited against the Medicaid Program and never saw the detail. But they claimed occur based on history around here. the surging Food Stamp program, but it had $2 trillion in spending cuts and That is the historic reality. Just di- the Defense Department, which is al- $2 trillion in tax hikes, $1 of tax hikes recting a committee to raise taxes or ready slated to take $450 billion in for every $1 of spending cuts. cut spending does not at all mean they cuts, is facing another $600 billion in The President, earlier this year, ac- are going to do it. cuts, according to the Department of knowledged that we should have $3 of Another thing we need to watch out Defense. It would be a nearly 20-per- spending cuts for every $1 of tax in- for is if the committee makes unreal- cent net reduction in Defense over the creases. Of course, that has been aban- istic cuts to programs without reform- next 10 years. It would be the most se- doned now. But the reality was that ing those programs, such as the cur- vere hammering of the Defense Depart- the phantom budget was talked about rent assumed annual cuts that are in ment, while protecting other programs but never produced—but an outline was law today to health care providers, from any cuts. It is not legitimate. Yet produced—actually added, we think, $2 doctors, and hospitals to cut their re- the majority leader is pushing back in tax hikes for every $1 in spending imbursement rates. Congress knows we and saying this is perfectly legitimate. cuts. cannot go forward with those cuts, and He is not going to have cuts in non-de- Then, Senator REID, during the effort they have been avoided every year by fense discretionary spending. He wants to raise the debt limit, his revised pro- borrowing money to pay to avoid very them to fall on the military. posal claimed $2.4 trillion in deficit re- serious cuts to our providers that, if The majority leader’s comments sug- duction. The reality was they were not paid, would quit doing Medicare gest that the Defense increases have counting $1.1 trillion in savings from and Medicaid work. Doctors don’t have increased faster than domestic discre- war costs because the CBO assumes to do that. It is just at a point we can- tionary spending, but nothing could be that war costs would be the same for 10 not cut providers anymore. further from the truth. From fiscal years. It was never going to be the Another thing we need to watch out year 2008 to 2011, the Defense budget in- same for 10 years. We are always going for is a plan that assumes unrealistic creased—base budget—by just 10 per- to bring the war costs down as soon as changes to the Congressional Budget cent. Meanwhile, education spending possible. It is a phony claim that we Office baseline. One of the things is to surged 67 percent over the 2009 through should reduce spending by $1 trillion by assert overly optimistic economic 2011 period, compared to the previous claiming credit for war costs that we growth projections for the next 10 three year period.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7636 CONGRESSIONAL RECORD — SENATE November 17, 2011 The ACTING PRESIDENT pro tem- that depend upon these people being tional 52 months—not weeks—52 pore. The minority time has expired. able to still go out and get a cup of cof- months to get back to the prerecession Mr. SESSIONS. Mr. President, I ask fee or go out and buy the essentials of levels of payroll employment. If we unanimous consent to have one addi- life. It would be disastrous for States pick up job growth—say to 200,000 jobs tional moment. that, again, depend on that type of eco- per month, which is, again, exceeding The ACTING PRESIDENT pro tem- nomic activity in our national econ- the current pace, but not the kind of pore. Without objection, it is so or- omy. spectacular pace we need—it still will dered. This is why I joined several of my take an additional 33 months to get Mr. SESSIONS. Mr. President, we are colleagues to introduce the Emergency back to pre-Bush recession levels in at a historic point. I believe this Con- Unemployment Compensation Exten- employment. This persistently high gress has taken a great risk in turning sion Act of 2011. If Federal support for unemployment rate and anemic growth over to a committee of 12 this responsi- unemployment benefits is not ex- have correctly been described as a na- bility. It is going to be difficult for tended, the economy could lose $72 bil- tional crisis. them to reach an agreement. If they lion in economic activity, endangering But more important than the find- don’t, damaging sequestration could up to 560,000 jobs nationwide—in my ings of economists and those who are occur. If they do reach an agreement, State the estimate is 2,300 jobs would studying the policy effects of this is we have to be sure it is an honest be lost—simply because we will again the damage that this crisis is inflicting agreement that actually achieves what shrink demand as people who are rely- upon the families and communities of they promised, which is—at a min- ing on just getting by with an unem- America. Combined with the fact that imum—$1.2 trillion worth of deficit re- ployment check no longer even have middle-class families have not seen a ductions. We need $4 trillion—as every that—those few dollars—to get by. real increase in their family income in expert has said—over 10 years in sav- These proposals should be non- 10 years, and now they have seen this ings to begin to put this country on the partisan and in the past they have in- high unemployment, this is a double right path. We are nowhere close to deed garnered both Democratic and Re- whammy. At the same time, some es- that. publican support. Unfortunately, in the sentials such as food and fuel have be- I feel like the country is going to midst of the deepest and longest unem- come more expensive. We cannot over- have to take some tough medicine. I ployment crisis our Nation has faced state the difficulty that so many fami- hope the committee can help us get since the Great Depression, too many lies are seeing: 10 years, effectively, there. I do not approve of the process, of our Republican colleagues have cho- without any real growth in their in- but hopefully it will work and maybe sen simply to delay and to deny the re- come, increased prices in essentials, we will not repeat it in the future. ality of millions of Americans who are and a job market that is weak, at best, I thank the Chair. looking for work, underemployed, although slightly improved. I yield the floor. struggling to get by day to day. That is why what we have to do here The ACTING PRESIDENT pro tem- In January 2008, before the economic is literally get Americans back to pore. The Senator from Rhode Island. crisis took hold, the unemployment work, to give them not only the re- f rate was 5 percent. It ultimately sources but the confidence that the peaked at 10.1 percent nationally in Oc- days ahead will be much better. This UNEMPLOYMENT CRISIS tober of 2009. This massive, sudden drop crisis requires the full attention of Mr. REED. I rise to underscore a cru- in employment was precipitated by one Congress, as well as action, not just cial challenge facing our Nation. There of the worst financial crises we have discussion. We cannot afford further in- are 14 million Americans who are look- ever seen in the history of the country. action. We cannot again indulge in a ing for work. Six million have been un- This crisis was caused by excessive risk period of time where we were bor- employed for more than 6 months, and taking by financial institutions, lax rowing to pay for two major conflicts. the average length of unemployment is regulations and, in the minds of so I note my predecessor from Alabama 40 weeks, the longest average in more many Americans, out and out greed. talking about the military budget. than 60 years. These are dire cir- Since that 10.1-percent high of unem- Since 2001, we have fought two major cumstances. They must be changed, ployment in October of 2009, the unem- conflicts in Iraq and Afghanistan and and we know how to do it. We know ployment rate has trended downward, we have not raised the revenue to sup- how to address our immediate unem- but not fast enough. The national un- port those efforts. We have put them ployment crisis. employment rate has hovered around 9 on the backs of future generations of We must enact policies that will put percent since January of this year. The Americans and on the backs of Ameri- Americans back to work and strength- fact remains that the economy is gen- cans today who are facing this job cri- en our economy. Congress can start by erating more jobs than it was under sis. We have to work, to put people to passing the American Jobs Act. The the policies of President Bush, particu- work, to end this problem. American Jobs Act is a blueprint for larly in the last year of his administra- Unfortunately, I fear that, as I have boosting our economy. It contains poli- tion, but it is still not generating said before, many of my Republican cies that most Americans, and vir- enough jobs. As we saw with the most colleagues are simply engaged in delay, tually all economists, agree govern- recent unemployment report, busi- which might be politically expedient, ment should do in order to help our nesses are hiring despite some strong but it is not helping the families of economy grow. headwinds, particularly the economic America. It would provide relief to the middle dangers from Europe. In October, the Economists who are studying this class. It would help small businesses economy added 80,000 jobs and the un- economy, both national and inter- grow and hire. It would invest in our employment rate came down from 9.1 national, have been emphatic that we Nation’s bridges and roads and schools, percent to 9 percent. That is the right have to put policies in place to get peo- help stabilize our housing market and direction, but not the right speed, not ple back to work. Many of these poli- provide aid to States so teachers and the right momentum, not the right re- cies are encapsulated in the American first responders can stay on the job. sponse to this crisis. The economy still Jobs Act, which has been repeatedly re- Congress must also renew basic poli- has 6.6 million fewer jobs than at the jected by my colleagues on the other cies such as Federal unemployment beginning of the 2007 recession, and the side. They voted down two parts of the compensation programs that have been rate of job growth is, as I said, simply bill we pulled out, one being the Teach- a lifeline to the unemployed, their fam- too slow. Adding 80,000 jobs keeps us a ers and First Responders Back to Work ilies, businesses and to States and bit afloat, but it doesn’t allow us to Act that would have created or pro- economies throughout this Nation. If have the momentum to move the econ- tected 400,000 education jobs, kept we do not extend unemployment bene- omy forward, which we need. thousands of police and firefighters on fits by the end of the year, 2 million If we continue to see sluggish job the job, and helped local communities Americans will lose their benefits by growth with an average 125,000 payroll as they are struggling to keep afloat. February 2012. This would be disastrous jobs added per month—and that is the They also rejected the Rebuild Amer- for them and for the local businesses pace this year—it will take us an addi- ica Jobs Act, which would have made

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7637 an immediate investment of $50 billion economy and declining wages for the Oregon, in Ohio, in Rhode Island, and in our highways, transit systems, rail- middle class over the period of 2001 to all over this country. We know that ways, and aviation infrastructure. 2008, 2009. more than half of seniors in my State Frankly, I don’t know any American in Instead of bringing forth or sup- who are on Social Security get more any part of this country who does not porting issues that will actually put than half of their income from Social get the idea that we have to begin and Americans to work, my colleagues on Security, and it plays such an impor- continue to reinvest in our infrastruc- the other side want to reframe the tant role in their lives. We also know ture. Every American can point to a issue. They want to talk about burden- that until recently, there was not a bridge that is failing. They can point some regulations, and this argument cost-of-living adjustment for seniors. to congestion on the highways. They doesn’t stand up, either. We know that over the last 2 years, can point to projects that are so nec- Mr. President, let me conclude by even though the President and the ma- essary not only for the long-term ac- making a point which I think is very jority in the Senate—the Democrats in tivity of the country but for the imme- important, because this notion of sim- the Senate and in the House—voted for diate employment of our citizens. ply striking away all the regulations a $250 one-time payment for seniors to The rejection of these efforts is based and we will have this miraculous help them deal with the increase in on one simple fact: that we are asking growth in employment is not substan- costs of their health care—except for the wealthiest Americans to pay for tiated by careful analysis. that, we know that Social Security these initiatives. No longer are we Since 2007, the Bureau of Labor Sta- beneficiaries in this country didn’t get going to put it on the back of future tistics has tracked reasons behind mass a cost-of-living adjustment for 2 years. generations as we have with a decade layoffs. Among the reasons an em- We also know—and the Presiding Of- of foreign conflicts and other programs ployer can cite for layoffs is ‘‘govern- ficer, the Senator from Oregon, is such as the Medicare Part D expansion. ment regulation.’’ The data shows that working with Senator MIKULSKI from We are trying to be fiscally responsible government regulation accounted for a Maryland and me on legislation to fix not only to propose ways to put people minuscule .2 percent of layoffs. These this. We also know the cost-of-living to work but also to pay for those meas- are the managers and leaders of these adjustment is, pure and simple, under- ures now. That is what my colleagues companies checking the box as to what stated because the cost-of-living ad- object to. They seem to be more con- is causing them to lay off people. In- justment seniors usually get—never cerned about that 1 percent that is stead, employers cite a lack of demand quite enough to keep up with their ex- talked about than the rest of Ameri- as a reason for 39 percent of the layoffs penses—is based on the cost of living cans who need work—not just directly, in 2008 to 2010. Indeed, if regulations for a working person, for someone in but their communities need the work are driving unemployment, one would his fifties or forties or in her thirties or so they can prosper along with the Na- expect to see job losses and high unem- twenties. tion. ployment rates in sectors of the econ- For someone who is working full All of this delay has been accom- omy where regulation has increased, time, their cost-of-living increase is panied by their proposals, but their such as the financial services sector. different than a senior’s cost-of-living proposals always seem to rely upon However, in the financial services sec- increase because if a person is 70 years austerity: We will have to cut more tor, the unemployment rate is much old, they are much more likely to have and more and more. But I don’t think lower than the national average. In higher health care costs than if they this single-minded focus on austerity is fact, it is at 5.8 percent. Meanwhile, do- are 30 years old. going to lead to the kind of growth we mestic financial firms have posted ex- So, historically in this country, we need. In fact, there are many analysts traordinary record profits in the first do a Consumer Price Index-W, and economists who argue that the two quarters of 2011. So this notion ‘‘wages’’—CPI-W. It is based on a 30- or austerity measures being suggested are that eliminating regulations is going 40- or 50-year-old who is working full counterproductive to growing the econ- to miraculously solve our problems is time, their cost of living. We are not omy; that, in fact, they lead to higher not substantiated by the evidence we basing it on the cost of living of a sen- unemployment and lower wages. are collecting. ior citizen who consumes, if you will, For example, a recent IMF study What we need to do is put people much higher health care, who has talking about the consequences of pur- back to work. The programs in the much higher health care costs. suing an agenda focused on austerity American Jobs Act will do that. I hope That is what the legislation Senator found that an austerity program that that will be recognized and accepted so MERKLEY and Senator MIKULSKI and I curbs the deficit by 1 percent of GDP we can move quickly to pass it. are working on: CPI-E, Consumer Price reduces real income by about .6 percent With that, Mr. President, I yield the Index for the Elderly, reflecting their and raises unemployment by .5 percent. floor. real costs. Why should a senior’s cost- So the notion that we can simply cut The PRESIDING OFFICER. The Sen- of-living adjustment be based on a 30- our way to employment growth is not ator from Ohio. year-old’s cost of living instead of a 70- substantiated by fair-minded analysis. Mr. BROWN of Ohio. Mr. President, I year-old’s cost of living? That is clear- For example, again, Gus Faucher of ask unanimous consent to speak for up ly why we need the change. Moody Analytics examined the most to 10 minutes as in morning business. We also know another thing about recent proposal offered by my col- The PRESIDING OFFICER. Without Social Security. We know some con- leagues Senators MCCAIN and PAUL and objection, it is so ordered. servative politicians in this institu- said that the Republican proposal f tion—mostly Republicans, not quite wouldn’t address the causes of the cur- entirely—we know some conservative rent weakness in the short term and in CONSUMER PRICE INDEX FOR politicians in this institution want to fact it would be harmful. ELDERLY CONSUMERS ACT change the Consumer Price Index the The Congressional Budget Office Mr. BROWN of Ohio. Mr. President, other way, to make it even smaller. looked at a broad range of policies first of all, I appreciate Senator REED’s For 2 years in a row, there was no in- from both parties and concluded that comments about the state of this econ- crease, no COLA, no Consumer Price reducing taxes on business income and omy and what the supercommittee is Index increase, no extra dollars to keep repatriation of foreign income are the doing and the direction we need to go up with burgeoning health care costs most ineffective and inefficient tools on all of these tax issues and all of for seniors. We know that did not hap- for growing jobs. These two measures these spending issues. He is so right. pen for 2 years. There are people in this seem to lead the list of the proposals We know several things about Social institution—many of whom have never on the other side of the aisle. Also, the Security. We know it has been around supported Social Security to begin idea of providing more tax breaks to for 75 years. We know if we do things with all that much, frankly, to be hon- corporations and the wealthy to create right here in Congress, it will be est—who want to see a smaller cost-of- jobs is not supported by the record. around for another 75 years. We know living adjustment. It is something Bush-era tax breaks for the wealthiest it makes a huge difference in the lives called chained CPI. I will not go into resulted in mediocre growth for our of our citizens and our constituents in the details about how it works, but it

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7638 CONGRESSIONAL RECORD — SENATE November 17, 2011 basically says to seniors: Whatever you I am delighted to join the Presiding that accurately reflects the reality of are spending money on—if you are buy- Officer, Senator BROWN of Ohio, in this living in this country. This bill for the ing apples, for instance, then you could effort, along with Senator MIKULSKI of CPI-E or Consumer Price Index for the buy bananas. My staff says bananas are Maryland. Social Security is a prom- experienced is the best way to achieve cheaper. We had an argument about ise, a bond between our government that. that, whether bananas are cheaper per and our senior citizens. I suggest the absence of a quorum. calorie and per weight and all that. Our senior citizens have worked hard The PRESIDING OFFICER. The But, nonetheless, they say to seniors, their whole life and paid into Social clerk will call the roll. under this chained CPI thing—some Security every step of the way. They The assistant bill clerk proceeded to conservative think tank, some cor- expect Social Security will be there for call the roll. porate-funded, insurance company, them when they retire. Mr. REID. Mr. President, I ask unan- drug company-funded think tank, I as- Over the past few years, I have heard imous consent that the order for the sume, came up with this bizarre idea of from many Oregon seniors who are quorum call be rescinded. The PRESIDING OFFICER. Without CPI chained—they say to seniors: You making ends meet on a fixed income. objection, it is so ordered. can pay less for things because you can They ask me: Why is it we are not get- do substitutions of food—from beef to ting a cost-of-living adjustment, a f chicken or from apples to bananas or COLA? Because our costs are rising. CONCLUSION OF MORNING from something to something—and They have been deeply disturbed to BUSINESS save money. know, with these fixed incomes and The PRESIDING OFFICER. Morning Most seniors have already made these rising costs, they are being business is closed. those substitutions in their buying squeezed in the middle. f habits because they are already I explain to them in these townhalls squeezed because the cost-of-living ad- it is because the COLA is calculated NATIONAL DEFENSE AUTHORIZA- justment has not kept up with their not on what seniors face in their costs TION ACT FOR FISCAL YEAR 2012 health care costs. That is the whole but upon what a broad cross-section of The PRESIDING OFFICER. Under point. So instead of our moving to re- working people face. They tell me: Sen- the previous order, the Senate will pro- duce the cost-of-living adjustment, ator, that is different than the costs we ceed to the consideration of S. 1867, going to this chained Consumer Price face. We are at a different point in our which the clerk will report by title. Index, chained CPI, we should move lives. Health care becomes a huge com- The bill clerk read as follows: away from CPI-W, based on wages, to ponent. They tell me: I can tell you, A bill (S. 1867) to authorize appropriations CPI-E, meaning what elderly people’s Senator, health care costs are not for fiscal year 2012 for military activities of costs are as their health care goes up. going down. the Department of Defense, for military con- It will mean several hundred dollars Some in this Chamber are coming struction, and for defense activities of the Department of Energy, to prescribe military in the monthly benefit a senior re- forward with a proposal that would ceives. Let me give those numbers, and personnel strengths for such fiscal year, and make it even harder for our seniors. It for other purposes. then I will wrap up. would use a new calculation: not this For the average person who retired in The PRESIDING OFFICER. The ma- standard ‘‘cross-section of America jority leader is recognized. 1985, that person would get about an COLA’’ we are currently using but $887 increase, if it was the way Senator Mr. REID. Mr. President, the Repub- what is referred to as a chained CPI. lican leader is on the floor. He is going MERKLEY and Senator MIKULSKI and I That chained CPI says: If the price of want to change Social Security. That to offer an amendment. The one on this this goes up, you can buy that. Actu- CPI, that increase, would then go up a side is not ready. There has been an ally, what it does is go in the wrong di- little bit over time, so seniors would, agreement, and I ask unanimous con- rection in terms of accurately reflect- in fact, be able to keep up with their sent that Senator MCCONNELL be al- ing the costs our seniors face in retire- health care costs. That is the impor- lowed to lay down his amendment. ment. When the one on the Democratic side is tance of this change. That is the im- If we take someone who is 65 today laid down, which will be momentarily, portance of our legislation. We cannot and we look down the road, by the time it will be considered the first amend- go the other way, chained CPI. The last point I will make is, these they are 75, this chained CPI would ment in order. The PRESIDING OFFICER. Without conservatives who do not much like cost them $560 per year—roughly a month’s rent. By the time the average objection, it is so ordered. Social Security—some of them are The Republican leader. Presidential candidates, I might add— 85-year-old has their payment cal- AMENDMENT NO. 1084 they will say: We cannot afford this. culated, the chained CPI would cost Mr. MCCONNELL. I send an amend- The budget deficit is not because of So- them $984 per year; the average 95- ment to the desk and ask for its imme- cial Security. It is because of a bunch year-old: $1,392 per year. diate consideration. of other factors. Social Security is not At a time when the best off Ameri- cans are paying less than ever before, The PRESIDING OFFICER. The part of this budget deficit. We know clerk will report. how to do minor changes to fix Social it is simply wrong to shift costs on to our seniors and the most vulnerable in The bill clerk read as follows: Security long term and take care of The Senator from Kentucky [Mr. MCCON- seniors and their health care needs and our society. There is an alternative. It is called NELL], for Mr. KIRK, proposes an amendment their increased costs. numbered 1084. I yield the floor and suggest the ab- the CPI-E. The Consumer Price Index for our seniors or elderly. I prefer to Mr. MCCONNELL. I ask unanimous sence of a quorum. consent that the reading of the amend- The PRESIDING OFFICER. The think of it as the CPI-E for ‘‘experi- enced.’’ Our most experienced citizens ment be dispensed with. clerk will call the roll. The PRESIDING OFFICER. Without face different costs than the rest of us. The bill clerk proceeded to call the objection, it is so ordered. roll. The CPI-E would track inflation spe- The amendment is as follows: cifically based on the basket of goods Mr. MERKLEY. Mr. President, I ask (Purpose: To require the President to impose unanimous consent that the order for those aged 62 and older are purchasing. sanctions on foreign financial institutions the quorum call be rescinded. It is simply a fairer and more accu- that conduct transactions with the Central The PRESIDING OFFICER (Mr. rate way to calculate the benefits for Bank of Iran) BROWN of Ohio). Without objection, it our seniors. If their costs are rising At the end of subtitle C of title XII, add is so ordered. slower than the overall costs for soci- the following: Mr. MERKLEY. Mr. President, I am ety, it would reflect that. If their costs SEC. 1243. IMPOSITION OF SANCTIONS ON FOR- pleased to rise this morning to support are rising higher than the overall pace EIGN FINANCIAL INSTITUTIONS the adoption of a consumer price index THAT CONDUCT TRANSACTIONS of inflation, then that would be re- WITH THE CENTRAL BANK OF IRAN. for Social Security that would accu- flected. Either way, it is fair. Section 104 of the Comprehensive Iran rately reflect the costs our senior citi- We have to ensure we are keeping our Sanctions, Accountability, and Divestment zens actually face. promise to our senior citizens in a way Act of 2010 (22 U.S.C. 8513) is amended—

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7639 (1) by redesignating subsections (h) and (i) The report of the IAEA of November tainee provisions in the initial bill, al- as subsections (i) and (j), respectively; and 8, 2011, makes clear that Iran has though the provisions in our initial bill (2) by inserting after subsection (g) the fol- worked on the development of an indig- represented a bipartisan compromise lowing new subsection: enous design of a nuclear weapon, in- that was approved by the committee on ‘‘(h) IMPOSITION OF SANCTIONS ON FOREIGN FINANCIAL INSTITUTIONS THAT CONDUCT cluding the testing of components, and a 25-to-1 vote. Many of these concerns TRANSACTIONS WITH THE CENTRAL BANK OF that Iran has yet to answer all of the were based on misinterpretations of IRAN.— IAEA’s questions concerning the mili- the language in that bill; nonetheless, ‘‘(1) IN GENERAL.—Subject to paragraphs tary dimensions of Iran’s nuclear pro- we have worked hard to address these (2), (3), and (4), not later than 30 days after gram. concerns. the date of the enactment of the National Last month, the world learned of the First, relative to the additional $21 Defense Authorization Act for Fiscal Year Quds Force plot to assassinate the Am- billion in budget cuts, we consulted 2012, the President shall— bassador of Saudi Arabia to the United closely with the Department of Defense ‘‘(A) prohibit the opening or maintaining in the United States of a correspondent ac- States. before identifying these cuts. We be- count or a payable-through account by a for- Iran remains undeterred, and the lieve the reductions we decided upon eign financial institution that the President United States is left with fewer options can be accomplished without an ad- determines has knowingly conducted any fi- for dealing with the Iranian nuclear verse impact on our troops or their nancial transaction with the Central Bank of program as time elapses. vital mission, and without significant Iran; and This amendment by Senator KIRK increase in risks to our national secu- ‘‘(B) freeze and prohibit all transactions in from Illinois would add to the current rity. all property and interests in property of each sanctions against Iran by targeting the The committee report which accom- such foreign financial institution if such central bank of that country. This, in panied the initial bill, Senate Report property and interests in property are in the United States, come within the United my judgment, is one of the few remain- 112–26, did not address these cuts but is States, or are or come within the possession ing actions, short of an embargo of Ira- otherwise applicable to this bill as or control of a United States person. nian shipping and military interven- well. So the new cuts are not addressed ‘‘(2) EXCEPTION FOR SALES OF FOOD, MEDI- tion, to slow or end the Iranian nuclear in that Senate report because these CINE, AND MEDICAL DEVICES.—The President program. It is worth supporting and new reductions came after that Senate may not impose sanctions under paragraph pursuing. report was made. (1) on a foreign financial institution for en- I yield the floor. For this reason, I ask unanimous gaging in a transaction with the Central The PRESIDING OFFICER. The Sen- consent that a summary of the cuts be Bank of Iran for the sale of food, medicine, ator from Michigan. or medical devices to Iran. printed in the RECORD immediately fol- Mr. LEVIN. Mr. President, on behalf ‘‘(3) APPLICABILITY.— lowing my statement. ‘‘(A) IN GENERAL.—Except as provided in of the Senate Armed Services Com- The PRESIDING OFFICER. Without subparagraph (B), paragraph (1) applies with mittee, I am pleased to bring S. 1867, objection, it is so ordered. respect to financial transactions commenced the National Defense Authorization (See exhibit 1.) on or after the date of the enactment of the Act for fiscal year 2012, to the Senate Mr. LEVIN. Second, the new bill National Defense Authorization Act for Fis- floor. The Armed Services Committee would modify the detainee provisions cal Year 2012. approved the bill by a unanimous vote to address concerns and misconcep- ‘‘(B) PETROLEUM TRANSACTIONS.—Para- of 26 to 0. This is the 50th consecutive tions about the provisions in our ini- graph (1) applies with respect to financial tial bill. In particular, the new bill transactions for the purchase of petroleum year that our committee has reported a or petroleum products through the Central defense authorization act. Every pre- first modifies section 1031 of the bill, as Bank of Iran commenced on or after the date vious bill has been enacted into law. requested by the administration, to as- that is 180 days after the date of the enact- I would like to thank all of the mem- sure that the provision that provides a ment of the National Defense Authorization bers and the staff of the Senate Armed statutory basis for the detention of in- Act for Fiscal Year 2012. Services Committee for the commit- dividuals captured in the course of hos- ‘‘(4) WAIVER.— ment they have shown to the best in- tilities conducted pursuant to the 2001 ‘‘(A) IN GENERAL.—The President may terests of our men and women in uni- authorization for use of military force, waive the application of paragraph (1) with form as we have developed this legisla- the AUMF, to make sure that those respect to a foreign financial institution for a period of not more than 60 days, and may tion. Every year, we take on tough provisions and that statutory basis are renew that waiver for additional periods of issues, and we work through them on a consistent with the existing authority not more than 60 days, if the President de- bipartisan basis consistent with the that has been upheld in the courts and termines and reports to the appropriate con- traditions of our committee. I particu- neither limits nor expands the scope of gressional committees every 60 days that the larly thank Senator MCCAIN, our rank- the activities authorized by the AUMF. waiver is necessary to the national security ing minority member, for his strong It also modifies sections 1033 and 1034 interest of the United States. support throughout the process. The of the bill, as requested by the adminis- ‘‘(B) FORM.—A report submitted pursuant unanimous committee vote in favor of tration, to impose 1-year restrictions to subparagraph (A) shall be submitted in unclassified form, but may contain a classi- this legislation would not have been rather than permanent limitations on fied annex. possible without his cooperation and the transfer of Gitmo detainees to for- ‘‘(5) FOREIGN FINANCIAL INSTITUTION.—For support. eign countries and on the use of De- purposes of this subsection, the term ‘foreign We were delayed in getting this partment of Defense funds to build fa- financial institution’ includes a financial in- year’s bill to the Senate floor by two cilities in the United States to house stitution owned or controlled by a foreign issues that have arisen since the time detainees who are currently at Gitmo. government.’’. the Armed Services Committee ap- We were unable to agree to the ad- Mr. MCCONNELL. Mr. President, I proved the first version of this bill, S. ministration’s proposal to strike sec- am offering this amendment on behalf 1253, in late June. tion 1032, the provision that requires of the Senator from Illinois, MARK First, Congress enacted the Budget military detention of certain al-Qaida KIRK, because the time has come for Control Act of 2011, which mandated terrorists subject to a national secu- our country to sanction the Central deep reductions in discretionary spend- rity waiver. We did, however, adopt a Bank of Iran. ing, including defense spending. The number of changes to the provision. In It has become commonplace for polit- initial bill reported by the Armed Serv- particular, we modified the provision ical leaders to state that an Iranian re- ices Committee would have cut the so that it clarifies that the President gime armed with nuclear weapons is President’s budget request for national gets to decide who makes the deter- unacceptable. President Obama has defense programs by more than $6 bil- minations in coverage, how they are stated that an Iranian regime armed lion. The Budget Control Act, which made and when they are made, ensur- with a nuclear weapon is unacceptable. was adopted after our initial bill was ing that executive branch officials will Unfortunately, the Iranian regime has reported, requires an additional $21 bil- have flexibility to keep any covered de- not been deterred from conducting ac- lion in reductions. tainee in civilian custody or to transfer tivities relevant to the development of Second, the administration and oth- any covered detainee for civilian trial such an explosive device. ers expressed misgivings about the de- at any time.

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The as they face the hardships imposed by misstatements, misimpressions, and bill expressly authorizes the transfer of continuing military operations around misinterpretations of the provisions of any military detainee for trial in the the world. our bill relative to those issues. We civilian courts at any time. An amend- For example, the bill would authorize clarify them to make sure it is clearly ment that eliminated that authority a 1.6-percent across-the-board pay raise understood by this body and the Amer- was defeated in the Armed Services for all uniformed military personnel ican people that—repeating, it is the Committee on a bipartisan 19-to-7 vote and extend over 30 types of bonuses and executive branch, it is determined by during the markup of the initial bill. special pays aimed at encouraging en- the President, the people he appoints The bill would not require the inter- listment, reenlistment, and continued who will make determinations of cov- ruption of ongoing surveillance oper- service by active-duty and Reserve erage, how they are made, when they ations or ongoing law enforcement in- military personnel. are made, so that it ensures the flexi- terrogations of suspected terrorists, as The bill provides that annual in- bility that the executive branch wants some have incorrectly asserted. The creases in TRICARE Prime enrollment to keep any covered detainee in civil- opposite is the case, as I have said, be- fees in future years will not exceed the ian custody or to transfer any covered cause we have included language in the percentage increase in retired pay. The detainee for civilian trial at any time. bill that specifically precludes those bill authorizes $30 million in supple- It has been suggested that ongoing possibilities. mental impact aid and related edu- surveillance and intelligence-gathering The bill also provides that the Presi- cation programs for the children of activities by law enforcement people dent, not Congress, will decide who servicemembers. The bill authorizes would be interrupted, or that their in- makes determinations of whether a de- service Secretaries to carry out pro- terrogation might be interrupted. It is tained person is in the narrow class grams to provide servicemembers with very explicitly clear in this bill that covered, and the President will decide job training and employment skills there is no such interruption, there is how and when these determinations are training to help prepare them for the no such interrogation session interrup- made. transition to private sector employ- tion or surveillance interruption or in- The bill would not require that al- ment. It authorizes the service Secre- telligence-gathering activities inter- Qaida terrorists who are captured on taries to waive maximum age limita- ruption. The process to make sure that American soil be transferred to mili- tions to enable certain highly qualified doesn’t happen is in the President’s tary custody, because it includes an enlisted members who served in Iraq or hands. easily effectuated national security Afghanistan to enter the military serv- The administration officials reviewed waiver. With this waiver authority, ex- ice academies. the draft language for this provision ecutive branch officials may keep any The bill also includes important the day before our markup and rec- detainee in civilian custody or move funding and authorities needed to pro- ommended additional changes. We were any detainee to civilian custody if they vide our troops the equipment and sup- able to accommodate those rec- choose to do so. port they will continue to need as long ommendations, except for the adminis- That provision provides the executive as they remain on the battlefield in tration request that the provision branch flexibility to choose the most Iraq and Afghanistan. apply only to detainees who are cap- appropriate course of action for al- For example, the bill fully funds the tured overseas. There is a good reason Qaida terrorists whom we capture, in- President’s request for $3.2 billion for for that. But even here, the difference cluding detention in civilian custody. the development, testing, production, is relatively modest, because the provi- That was the intent of the original lan- and sustainment of the MRAP vehicles sion already excludes all U.S. citizens. guage, and it has been clarified in the and new MRAP all-terrain vehicles, It also excludes all lawful residents of bill before us. I recognize that the ad- which are needed to protect our troops the United States, except to the extent ministration remains unsatisfied with against improvised explosive devices. permitted by the Constitution. The this provision, but we have gone a long The bill authorizes $11.2 billion to only covered persons left are those who way to address their concerns. train and equip the Afghan National are illegally in this country or who ar- What about the dollar provisions in Army and the Afghan police, the fund- rive as tourists or on some other short- this bill? The bill we bring to the floor ing level recommended by the com- term basis, and that is a small remain- today would authorize $662 billion for mander of U.S. Central Command after ing category, but an important one, be- national defense programs—$27 billion consultation with the commander of cause it includes the terrorists who less than the President’s budget re- U.S. and coalition forces in Afghani- clandestinely arrive in the United quest, and $43 billion less than the stan. The purpose here is to grow the States with the objective of attacking amount appropriated for fiscal year capability of those Afghan security military or other targets here. 2011. I am pleased we were able to find forces to prepare them to take over in- Contrary to some statements I have these savings without reducing our creased responsibility for Afghani- seen in the press, the detainee provi- strong commitment to the men and stan’s security as we begin reductions sions in our bill do not include new au- women of our Armed Forces and their in U.S. forces. thority for the permanent detention of families, and without undermining The bill provides $400 million for the suspected terrorists. Rather, the bill their ability to accomplish their im- Commanders’ Emergency Response uses language provided by the adminis- portant national security missions. In Program in Afghanistan and $400 mil- tration to codify existing authority this time of fiscal problems for our Na- lion for the Afghanistan Infrastructure that was adopted by both the Bush ad- tion, every budget must be closely ex- Fund to support projects that enhance ministration and the Obama adminis- amined to identify savings, and the De- the counterinsurgency campaign. tration and that has been upheld in the partment of Defense budget is no ex- The bill extends the authority of the Federal courts. ception. Department of Defense to conduct a Moreover, the bill requires for the This bill contains many important program for the reintegration of first time that any detainee who will provisions that will improve the qual- former insurgent fighters into Afghan be held in long-term military custody ity of life of our men and women in society. anywhere in the world would have ac- uniform, provide needed support and The bill establishes a new Joint Ur- cess to a process that includes a mili- assistance to our troops on the battle- gent Operational Needs Fund to allow tary judge and a military lawyer. field, and make the investments we the Department to rapidly field new I want to repeat that. For the first need to meet the challenges of the 21st systems in response to urgent oper- time, this bill provides that, in deter- century, and provide for needed re- ational needs identified on the battle- mining a detainee’s status, the de- forms in the management of the De- field, and it provides the Central Com- tainee will have access to a lawyer and partment of Defense. mand—CENTCOM—commander new

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7641 contracting authorities needed to stop from Okinawa to Guam and on tour to spend more than $1 trillion—which the flow of money through U.S. con- normalization in Korea. These provi- includes operation and sustainment tracts to persons who are actively op- sions follow detailed oversight that costs—and a strong belief that the De- posing U.S. forces in Afghanistan. Senators WEBB, MCCAIN, and I have partment of Defense must take strong- The bill also contains a number of conducted over the past years. In par- er action to contain these costs. provisions that will help improve the ticular, the bill prohibits the expendi- The committee unanimously adopted management of the Department of De- ture of funds for Marine Corps realign- an amendment requiring that the next fense and other Federal agencies. For ment from Okinawa to Guam until we JSF contract be entered on a fixed- example, the bill would address short- receive an updated force laydown and a price basis and that the contractor as- comings in the Department of De- master plan detailing construction sume full responsibility for all costs fense’s management of operating and costs and schedule of all projects nec- above the target cost specified in the support costs, which are estimated to essary to carry it out. contract. This amendment puts the constitute 70 percent of the lifecycle The bill requires the Department of contractor on notice that we have lost costs of major weapons systems. Defense to study moving Marine Corps patience with continued overruns on The bill freezes DOD spending on con- aviation assets currently at Marine the program and we are determined to tract services at fiscal year 2010 levels Corps Air Station Futenma to Kadena protect the taxpayer from further cost and requires the Department of De- Air Base, and the feasibility of relo- increases, without unnecessarily jeop- fense to take a number of common- cating some or all Air Force assets cur- ardizing the heavy investment we have sense steps to achieve savings in this rently at Kadena Air Base, rather than already made in the program by pre- area. building a replacement facility at maturely terminating the program. The bill adds $32 million for the De- Camp Schwab that is unrealistic and Senator MCCAIN has taken, really, the partment of Defense’s corrosion pre- unaffordable. active lead in this effort, and it is a vention and control and requires imple- The bill prohibits the obligation of very critically important effort for our mentation of the recommendations of a funds for tour normalization on the Ko- taxpayers. recently congressionally mandated re- rean Peninsula until the Secretary of Finally, the bill includes a bipartisan port on corrosion control on the F–22 the Army provides Congress with a compromise regarding detainee mat- and F–35 programs. master plan, including all costs and ters—as I have made reference to be- The bill improves the management of schedule projections to complete the fore—that would address a series of im- defense business systems by strength- program, and the Director of Cost As- portant issues that relate to detainees. ening the authority of the Department sessment and Program Evaluation per- It is worth summarizing the detainee- of Defense’s chief management officers forms an analysis of alternatives justi- related provisions in the bill. in the investment review process and fying the operational need. First, the bipartisan compromise ensures that this process covers exist- The Department of Defense current would codify the military’s existing de- ing systems as well as new ones. plans for Okinawa, Guam, and Korea tention authority, as stated by both The bill also adds $43 million to en- were developed years ago in a different the administration of President Bush able the Department of Defense IG to fiscal environment and are projected to and the administration of President provide more effective oversight and to cost billions of dollars more than an- Obama and approved in the courts. help identify waste, fraud, and abuse in ticipated. At a time of tight budgets, Second, the bill would require mili- defense programs, especially in the we owe it to the Department of Defense tary detention for a core group of de- area of procurement. and to the taxpayers to insist on a tainees who are part of al-Qaida—or an In light of the budget constraints we close examination and strong justifica- associated force that acts in coordina- face this year, the committee worked tion before we proceed. tion with or pursuant to the direction hard to keep funding increases of any Second, the committee adopted an of al-Qaida—and who participate in kind to a minimum. We added the fol- amendment to strike all funding for planning or carrying out attacks or at- lowing items: $66 million for unfunded the Medium Extended Air Defense Sys- tempted attacks against the United requirements identified by military tem, MEADS. In February, the Depart- States or its coalition partners. That is leaders, $90 million for investments in ment of Defense announced that after a defined core group of detainees. programs such as the DOD IG and cor- investing more than $1.5 billion in the This provision includes a national se- rosion control that have high payback MEADS Program, the program re- curity waiver and includes language rates, $63 million for critical invest- mained a high risk and the additional expressly authorizing the transfer of ments in intelligence and cyber secu- funding needed to field the system was detainees for trial in civilian courts. It rity improvements, $497 million for in- unaffordable. However, the Department continues the conditions on the trans- creased funding needed to ensure the declined to terminate the program be- fer of Gitmo detainees to foreign coun- efficient execution of ongoing Depart- cause the memorandum of under- tries, including certification require- ment of Defense programs, and $270 standing with our allies on which the ments to be met before a transfer may million for a handful of broad-based program is based commits us to contin- take place. Contrary to what some competitive programs needed to help ued funding even if we withdraw from have said, this provision does not pro- us keep our leadership in military the program. For this reason, the De- hibit transfers from Gitmo. In fact, it technology. partment requested over $400 million in is less restrictive of such transfers I continue to believe it would be funding for the continued development than legislation passed in the last Con- wrong for us to give up the power of of a system that it has no intention of gress and signed by the President. In the purse given Congress in the Con- fielding. The committee amendment particular, this year’s provision in- stitution. I don’t believe the executive eliminates this funding. We recognize cludes a national security waiver that branch has a monopoly on good ideas. that under the memorandum of under- is designed to address concerns ex- In fact, I think we are more often re- standing, our decision not to fund this pressed by the Secretary of Defense ceptive to creative new ideas that can program could require the United about a similar restriction which was lead to advances in the national de- States to pay for a program in which it included in last year’s authorization fense than the defense bureaucracy is. is no longer a participant. However, and appropriations act. Nonetheless, there are no earmarks in the committee concluded that the The bill contains the same limitation this bill. course proposed by the Department is on the use of Department of Defense Finally, I would like to discuss four untenable and that the Department funds to build facilities in the United major issues in the bill that were the should explore all options with our al- States to house Gitmo detainees that subject of extended debate in the lies before continuing to fund a pro- has been included in past authorization course of our markup this year. gram which we no longer need. and appropriations acts. This provision First, this bill includes provisions Third, our committee members share applies only to Department of Defense that would require sound planning and both a deep concern about the rising funds. It does not prohibit the use of justification before we spend more cost of the Joint Strike Fighter Pro- Department of Justice funds that money for Marine Corps realignment gram, on which we are now projected might be needed in connection with a

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7642 CONGRESSIONAL RECORD — SENATE November 17, 2011 transfer for the purpose of a criminal and $800 million in RDTE. This includes over cause although the President’s budget re- trial, and it does not prohibit the clo- $1 billion in reductions proposed by the quest included $190 million for the program, sure of Gitmo. Army, and over $2 billion for programs that DOD has indicated that as a result of its re- The provision requires the Depart- had unjustified or excessive growth, mis- design of the MyCAA program, only $70 mil- ment of Defense to issue procedures ad- aligned schedules, fact of life changes includ- lion is needed for execution in fiscal year ing terminations, or other management chal- 2012. dressing ambiguities in the review lenges. These recommended reductions in- READINESS SUBCOMMITTEE process established for Gitmo detain- clude $518.7 million for the Joint Tactical Military Construction: The bill would cut ees. The provision clarifies but does Radio System, $224.0 million for Warfighter an additional $527 million in military con- not overturn the Executive order Information Network-Tactical, $172.5 million struction funding. This includes three do- issued by the President earlier this for Ground Soldier System-Nett Warrior, and mestic projects valued at $83.1 million, the $157.3 for HMMWV recapitalization pro- year. largest of which the Technology Center’s grams. The bill would also transfer over $600 The provisions require the Depart- Third Floor Fit Out, valued at $54.6 million million from the base request to the overseas ment of Defense to establish proce- does not need funding because NSA has indi- contingency operations accounts for capa- dures for determining the status of de- cated that it has sufficient unobligated bal- bilities directly or closely related with mili- tainees, including, as I indicated be- ances to complete the project. The balance tary operations in Iraq and Afghanistan such fore, for the first time, a military judge of the cuts are for: (1) overseas military con- as increased ISR, mine protected vehicles, struction projects in areas that are subject and a military lawyer for a detainee armoring kits, and base defense and force to an ongoing strategic review (including who will be held in long-term military protection systems. five projects in EUCOM valued at $179.6 mil- custody. Navy Programs: The bill would cut an ad- lion); (2) planning and design funds rendered The bill clarifies procedures for ditional $724.5 million in Navy Procurement unnecessary due to previous cuts; and (3) guilty pleas in trials by military com- and $55.9 million in RDTE. This includes programs that are not fully budgeted for in $532.1 million for programs that had unjusti- mission. This provision would require a the FYDP. fied or excessive growth, misaligned sched- separate trial on the penalty, with a Operation and Maintenance: The bill would ules, fact of life changes including termi- unanimous verdict needed to impose cut an additional $3.1 billion in operation nations, or other management challenges. the death penalty. So while a death and maintenance funding. This includes $1.5 These recommended reductions include $163.5 penalty could be imposed by a commis- billion in reductions proposed by the mili- million for the E–2D Advanced Hawkeye, tary services; $315 million for ammunition sion, the detainee would have no assur- $159.9 million for spares and repair parts, account cuts based on inefficient ammuni- ance of that result, for those detainees $69.9 million for AMRAAM, and $99.7 million tion management and recommendations who want that assurance so they can for the F/A–18E/F Hornet. make themselves martyrs. Air Force Programs: The bill would cut an from the military services; $294 million for As I have already indicated, these additional $910.2 million in Air Force Pro- excess growth in service contractors and ci- provisions have been substantially curement and $596.0 million in RDTE for pro- vilian employees; and $258 million in the grams that had unjustified or excessive OCO accounts for a transfer of Coast Guard modified as a result of extensive dis- support to the Department of Homeland Se- cussion with administration officials. growth, misaligned schedules, fact of life changes including terminations, or other curity. We did not make every change re- Transfers to Overseas Contingency Oper- quested by the administration, al- management challenges. These rec- ommended reductions include $145 million ations Funding: The bill would transfer to though we adopted many of them— for the A–10, $120 million for AFNET, $103 OCO accounts $4.9 billion of operation and probably most of them—and made addi- million for initial spares and repair parts, maintenance funding for activities closely tional changes to address specific con- and $101 million for the AMRAAM. The bill associated with military operations in Iraq cerns raised by administration offi- would also transfer $87.2 million from the and Afghanistan, including MRAP vehicle cials. base request to the overseas contingency op- sustainment, body armor sustainment, over- Mr. President, as we are here today, erations accounts for activities directly or seas security guards, theater security pack- closely related with military operations in ages, depot maintenance and readiness fund- we have over 96,000 U.S. soldiers, sail- ing in support of combat operations, and ors, airmen, and marines on the ground Iraq and Afghanistan such as war consumables. CENTCOM headquarters public affairs. Most in Afghanistan, with 23,000 more re- of these activities have previously been fund- EMERGING THREATS AND CAPABILITIES maining in Iraq. While there are issues ed from OCO accounts. SUBCOMMITTEE on which we may disagree, we all know SEAPOWER SUBCOMMITTEE Program Delays and Under-Execution: The we must provide our troops with the Navy Programs: The bill would cut an ad- support they need as long as they re- bill would reduce funding for science and technology and information technology by ditional $234.4 million in Navy Procurement main in harm’s way. $216 million due to excessive program growth and $496.7 million in RDTE for programs that Senate action on the national defense and program delays; reduce funding for U.S. had unjustified or excessive growth, mis- authorization bill for fiscal year 2012 Special Operations Command by $135 million aligned schedules, fact of life changes includ- will improve the quality of life of our due to unjustified growth and items already ing terminations and a Navy-requested re- men and women in uniform. It will give funded in recent reprogramming actions; re- alignment of the VXX Presidential Heli- them the tools they need to remain the duce funding for counter-drug programs by copter program, or other management chal- most effective fighting force in the $128 million based on a DOD assessment that lenges. The recommended reductions include world. Most important of all, it will this funding is excess to need; reduce funding $120 million for JTRS, $70 million for the Fu- send an important message that we as for counter-proliferation programs by $43 ture Unmanned Carrier-Based Strike Sys- tem, $63 million for ship contract design and a nation stand behind them and appre- million due to slow execution; reduce fund- ing for the Joint IED Defeat Organization live fire T&E, and $58 million for the Stand- ciate their service. ard Missile. We look forward to working with our (JIEDDO) by $85 million based on unjustified program growth; and reduce funding for the Marine Corps Programs: The bill would colleagues to promptly pass this impor- Chemical and Biological Defense Program by make additional reductions of $101.0 million tant legislation. And as I yield the $40 million due to under-execution and pro- in Procurement, Marine Corps due to slow floor, I again want to thank Senator gram delays. program execution or contract award delays. Air Force Programs: The bill would cut an MCCAIN and all the members of our PERSONNEL SUBCOMMITTEE committee for their hard work on this additional $108.6 million in Air Force Pro- Military Personnel Funding: The bill curement for unnecessary post production bill, as well as our staffs for their ex- would reduce funding for military personnel traordinary capability. But I want to funding for the C–17 program and $45.9 mil- by $100.6 million, by taking an additional lion in RDTE for programs that had contract thank personally Senator MCCAIN for $42.6 million in unobligated balances and delays or where the programs were being re- everything he has done to make it pos- using updated CBO estimates for savings at- phased. sible for us to get to the floor at this tributable to a change in the calculation of STRATEGIC SUBCOMMITTEE time. hostile fire pay. Defense Health Care: The bill includes a Space: The bill would reduce funding for EXHIBIT 1 $330.0 million cut to private sector care space programs by $233 million due to slow SUMMARY OF $21 BILLION IN ADDITIONAL CUTS under the Defense Health Program, based on execution in the development of the Family RESULTING FROM SECOND MARKUP OF NA- an assessment of historical under execution of Advanced Line of Sight Terminals (FAB– TIONAL DEFENSE AUTHORIZATION ACT FOR rates for private sector care. T) used in conjunction with the Advanced FISCAL YEAR 2012 Military Spouse Career Advancement Ac- Extremely High Frequency (AEHF) satellite AIRLAND SUBCOMMITTEE counts (MyCAA): The bill reduces funding for system; by $300 million by dropping author- Army Programs: The bill would cut an ad- the program by $120 million. This reduction ization for the long term lease of a commer- ditional $2.8 billion in Army Procurement was offered by the Department of Defense be- cial satellite by the Defense Information

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7643 Systems Agency due to a lack of an analysis Mr. LEVIN. Mr. President, I call for fense and on the Defense authorization, of alternatives; and by $105 million in con- regular order with respect to the it simply is not correct. We have al- nection with delays in contract awards asso- amendment. ready made significant reductions, I ciated with GPS systems under development. The PRESIDING OFFICER. The ask my colleague. Department of Energy: The bill would re- duce funding for environmental cleanup at amendment is now pending. Mr. LEVIN. I agree with my friend former atomic weapons production sites by Mr. LEVIN. Is it now pending first in from Arizona. We literally worked $356 million due to slow program execution; line? months to get to the first reduction reduce the NNSA nonproliferation program The PRESIDING OFFICER. It is now which was in our original bill. Then by $168 million due to cost overruns for a pit pending first in line. when the Congress adopted the Deficit disassembly facility to produce mixed oxide Mr. LEVIN. I thank the Presiding Of- Reduction Act, which required addi- fuel, which is now developing a new program ficer, and I want to make one quick tional reductions, these are very dif- base line; and for NNSA program manage- comment about this amendment. ficult decisions to make because they ment by $45 million due to an excessive rate This is a bipartisan amendment that of growth. in many cases will increase risks which Missile Defense: The bill would reduce addresses the massive issue created by we don’t want to increase but nonethe- funding by $55 million for the procurement of counterfeit parts getting into the de- less have got to accept some additional Standard Missile-3 Block IB missiles due to fense supply system. It is something degree of risk on some of our programs a test failure which requires an investiga- our staffs have investigated heavily. in order to do the fiscally responsible tion, correction, and retest, delaying produc- Senator MCCAIN and I are intro- thing. I agree with my friend. tion (an additional $260 million of funding ducing this bipartisan amendment. We Mr. MCCAIN. Could I ask my col- would be moved from procurement to the hope it has strong support in this Sen- league, also, two more points. One is R&D account to facilitate the fixes); and re- ate. It will address a critically impor- that we also have planned for an addi- duce funding for the Terminal High Altitude tant issue we have now seen in the de- Area Defense (THAAD) missile defense sys- tional well over $400 billion reductions tem by $120 million to reflect the reality of fense supply system with millions of in the next decade, and those will again slower production rates due to delays in the counterfeit parts—mainly from China— entail at some point an increase in program. A few joint or Army programs getting into our defense system and risk. So in that context, I would appre- would be reduced by $47 million for under- threatening the security of our troops, ciate again an expression of the chair- execution. the effectiveness of their mission, and man’s view of a Draconian cut that Intelligence Funding: The bill includes a costing the taxpayers a heck of a lot of would take place as a result of seques- number of reductions to the Military Intel- money. tration. The Secretary of Defense has ligence Program because of late contract The PRESIDING OFFICER. The sen- awards, slow execution rates, program testified before our committee of the delays, and changes in programs since mark- ior Senator from Arizona is recognized. ‘‘devastating effects,’’ as have our mili- up; it also includes reduced funding for the Mr. MCCAIN. Mr. President, I ask tary leaders. National Intelligence Program reflecting unanimous consent to engage in a brief Mr. LEVIN. These cuts that would re- cuts agreed to by the two intelligence com- colloquy with the chairman, Senator sult from sequestration are massive mittees. LEVIN. not just in defense but also in non- GENERAL PROVISIONS The PRESIDING OFFICER (Mrs. defense discretionary areas. The pur- Troop Reductions in Afghanistan: The bill HAGAN). Without objection, it is so or- pose of that threat is to hopefully pre- would reduce OCO funding by $5.0 billion due dered. vent it from taking place, as with any to the President’s decision to withdraw the Mr. MCCAIN. First of all, I wish to other kind of a sword of Damocles held 33,000 U.S. surge force from Afghanistan, thank the Chairman for the long years over people’s heads—our heads—that if with 10,000 to be withdrawn by December 2011 of work we have had together. This is we don’t reach some kind of an agree- and the remaining 23,000 to be withdrawn by the culmination of this year’s work next summer. The Department of Defense ment with our special committee, the has informed us that the $5.0 billion is no which is coming to the floor after great group of 12 that is working so hard to longer needed as a result of the planned Af- difficulty and a lot of obstacles. I want come up with a reduction that will ghanistan troop reduction. to thank the Senator again for the meet the requirements of the bill, we Afghanistan Security Forces Fund: The spirit of bipartisanship, which is a long would then have a sequestration, bill would reduce funding for the Afghani- tradition in the committee which was across-the-board cuts, which are not stan Security Forces Fund (ASFF) to $11.2 practiced by our predecessors. Obvi- the rational way to budget, are mas- billion, a $1.6 billion reduction from the ously, we know on occasion that we sive, Draconian—to use the word which President’s request. The Commander, U.S. have differences of views, and some- Central Command, has determined that the Senator from Arizona quoted. And FY2012 ASFF funding can be reduced by $1.6 times we—especially I—express those that is true in both defense and non- billion because of efficiencies and cost in perhaps a passionate manner. But defense. But, again, the purpose of hav- avoidances achieved by the NATO Training the fact is, at the end of the day, we ing that sequestration process in place Mission in Afghanistan in its plans for build- continue to come together and work is, hopefully, an incentive so that it ing and sustaining the Afghan Army and Po- together for the good of this Nation’s doesn’t take place. lice. security. Mr. MCCAIN. Finally, I would ask the AMENDMENT NO. 1092 The reason I ask the Senator is be- chairman, we have met the require- (Purpose: To bolster the detection and cause I think our colleagues ought to ments of the Appropriations Com- avoidance of counterfeit electronic parts) understand the context of this bill. mittee with this additional $20 billion Mr. LEVIN. Mr. President, pursuant First of all, it is a new bill, and it has reduction in this ‘‘new’’ legislation. to a unanimous consent request which a reduction of some $20 billion in au- Then it seems it would be only appro- was previously entered into on this thorization in order to keep with the priate that the Appropriations Com- matter, I send to the desk an amend- Budget Control Act, a total now of a mittee meet the provisions of author- ment on behalf of myself and Senator $27 billion reduction, which is a signifi- ization that are in the authorization MCCAIN. cant amount of money. It seems to me bill. The PRESIDING OFFICER. The our colleagues should understand this In other words, I am told there are clerk will report. $9.8 billion cut in defense procurement, some differences in the Appropriations The bill clerk read as follows: $3.5 billion cut in research, develop- Committee’s bill as far as what the au- The Senator from Michigan [Mr. LEVIN] for ment, test, and evaluation, $1.6 billion thorizing committee’s responsibilities himself and Mr. MCCAIN, proposes an amend- cut in military construction, $6.7 bil- are. I hope the Appropriations Com- ment numbered 1092. lion in overseas—these are significant mittee would address those differences Mr. LEVIN. I ask unanimous consent reductions already in what we had in deference to our role as authorizers. that further reading of the amendment originally envisioned as necessary for Mr. LEVIN. That is always our hope. be dispensed with. our Nation’s defense capability. It doesn’t work out the way we wish The PRESIDING OFFICER. Without I would ask the chairman, these are frequently, but it is always our hope objection, it is so ordered. painful decisions we had to make. For that the way it should work—at least (The amendment is printed in today’s those who somehow believe it is busi- theoretically—around here is that RECORD under ‘‘Text of Amendments.’’) ness as usual in the Department of De- should be what the appropriators do.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7644 CONGRESSIONAL RECORD — SENATE November 17, 2011 That has not worked out that way in I make sure we are able to treat al-Qaida IED funds given the increase in the use don’t know how many recent years. members who are captured in keeping of this kind of attack against our The Senator and I have had some dis- with international law, but at the same troops, first in Iraq and now in Afghan- cussions about that. When I first got time in keeping with the priority inter- istan. here, many years ago, that was an ests of America’s national security. So The bill enhances the capability of issue which had not been resolved. But I understand there will be an amend- our military and that of our allies to I think what the Senator sets out is ment on that issue or amendments. We conduct counterinsurgency operations, the hope that the appropriators would look forward to debating and dis- including the authority to provide sup- look at our authorizations and follow cussing that aspect. port to those aiding U.S. Special Oper- our authorizations. Whatever additional concerns that ations in combating terrorism in Mr. MCCAIN. I thank the Senator may remain with the detainee provi- Yemen and East Africa, authorization from Michigan. sions should be dealt with, as they will of $400 million for the Commanders I finally wish to comment. I am more be, through debate and amendment. Emergency Response Program—known than hoping. I intend to identify those But, importantly, all of the aspects of as CERP—in Afghanistan, and author- areas of difference between the author- this bill are of such vital importance to ization of $11.1 billion to train and izing committee and the Appropria- supporting the men and women of our equip the Afghan security forces for tions Committee, and fully expect the Armed Forces and their families. We the security of the Afghan people. appropriating committee—unless there have already started to work on The bill strengthens and accelerates is some overriding reason—to conform amendments that we know our col- nuclear nonproliferation programs while maintaining a credible nuclear with the authorization bill. leagues are preparing to offer on this deterrent, reducing the number of nu- Again, I thank Senator LEVIN and his bill, and I encourage all my colleagues clear weapons, and ensuring the safety, staff for the work we are doing. And I to file their germane amendments as security, and reliability of the nuclear thank the leadership. I thank Senator quickly as possible. stockpile, the delivery systems, and REID for bringing the bill to the floor. Obviously, I repeat, the legislation is the nuclear infrastructure. In this re- I know he has a lot of important prior- extremely important to our Nation’s gard, the bill authorizes $1.1 billion to ities, but I believe it is very important defense and the men and women in uni- continue development of the Ohio-class form. I know all of my colleagues ap- that we continue an over half-century submarine replacement program to tradition of the Senate taking up, pass- preciate that fact. modernize the sea-based leg of the nu- I would hope that this year, unlike in ing, and then finally seeing enacted clear triad of delivery platforms. It im- recent previous years, we will not add into law the Defense authorization bill. proves our ability to counter nontradi- I think it is a valid statement to say to this bill policy riders that are not tional threats, focusing on terrorism that there is no greater priority the relevant to the bill. and cyber warfare; in part by requiring people’s representatives have than to The committee bill before the Senate DOD to acquire and incorporate capa- take every measure we can possible to is the culmination of 11 months of hard bilities for discovering previously un- ensure the security of our Nation and work conducted through 71 hearings known cyber attacks and establishing the men and women who serve in it. and meetings this year on the full a new Joint Urgent Operational Need This legislation is the result of lit- range of national security priorities Fund to allow the Department to rap- erally thousands of hours of discussion, and issues. This tradition of delibera- idly field new systems in response to debate, hearings, input to make sure tive review and oversight is typical of battlefield requirements. It authorizes we do the very best job we can to pro- what the Defense authorization bill has DOD to immediately void a contract if tect our Nation. provided our Nation’s military for over a contractor has been determined by As I mentioned earlier, with the com- 50 years, without fail. The committee’s the commander, U.S. Center Command, mittee’s action earlier this week we priorities this year and every year to be actively opposing U.S. forces in have ensured that our authorization start with our bipartisan commitment to improve the quality of life for the Afghanistan. top line of $526 billion for the base De- A related provision would provide en- men and women of the all-volunteer fense budget complies with the budget hanced audit authority to assist in the force—active duty, National Guard, allocation levels adopted by the Senate enforcement of this provision. It au- Appropriations Committee for fiscal and Reserves—and their families, thorizes over $13 billion for new con- year 2012. through fair pay, improved policies, struction of critical facility projects We have worked with the administra- benefits commensurate with the sac- that have a direct impact on the readi- tion over the past several weeks to ad- rifices of their service, and by address- ness and operations of our military dress their concerns with the detainee ing the needs of the wounded, ill, and while also providing much needed con- provisions in our bill. We understand injured servicemembers and their fami- struction jobs in a struggling economy. the administration is still not satisfied lies. In contrast to these enhancements with the committee work. We have To do these things, this bill author- and new authorities, the committee made many clarifications, modifica- izes a 1.6-percent across-the-board pay also had to make some very difficult tions at the request of the administra- raise for all members of the uniformed decisions. The President’s budget re- tion to the detainee provisions as they services, authorizes pay incentives for quest of $553 billion was cut by nearly were reported from the committee in recruitment and retention of our most $27 billion in recognition of the dif- June. As a result, we were able to re- highly skilled and highly sought-after ficult budget situation our country port out the bill again this week with men and women, and improves the Uni- faces. These difficult funding reduc- an overwhelming bipartisan vote of 26 formed Code of Military Justice to tions include: $10 billion cut in the op- to 0. more effectively respond to accusa- eration and maintenance accounts for We will be glad to continue our dis- tions of certain types of misconduct. the military services used to fund read- cussions with the administration. I am This bill provides essential resources, iness and training activities. This was grateful the administration reached training, technology, equipment, and done mainly by scaling back the out to us and that because of that dis- force protection our military needs to growth in service contracts while also cussion in negotiations with Mr. Bren- succeed in their missions, including au- reducing certain accounts for daily op- nan and others from the White House thorizing a 6-percent increase in fund- erating activities and training; a $9.8 we were able to make some changes. I ing for our enormously important pro- billion cut in defense procurement ac- regret they haven’t been sufficient to fessional and dedicated special oper- counts for programs that had more overcome their objections, but we will ations forces who play such a large role money than could be efficiently put continue to work with them. This is a in our counterterrorism operations under contract this year and programs very important issue. worldwide, and over $2.4 billion for the that were not able to meet production Obviously, our collective goal is to Department of Defense counter-impro- milestones; a $3.5 billion cut in the re- make sure that members of terrorist vised explosive device activities. I can- search, development, test and evalua- organizations, specifically al-Qaida, do not overemphasize the importance of tion accounts by examining the per- not return to the fight, and that we the timely funding of these counter- formance of hundreds of programs and

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7645 identifying those that showed excessive ing, it is absolutely vital that the Ap- Department to negotiate a fixed-price cost growth or a lack of performance; propriations Committee follow the contract that requires Lockheed Mar- $1.6 billion in cuts in military con- guidance and authorization of the au- tin to assume an increased share of any struction projects, mostly at overseas thorizing committee. I intend to do ev- cost overruns. It requires a ceiling locations, to allow for a review of our erything in my power to make sure price for that lot that is lower than the U.S. military force posture worldwide. that happens. previous contract for the last lot pur- In addition, the bill cuts $6.7 billion An example of what I would have chased. It ensures a shared responsi- from the President’s budget request of liked to have seen more of is the Joint bility for reasonable concurrency cost $118 billion for overseas contingency Strike Fighter or the F–35 Programs. I increases. operations, known as OCO, due to a offered an amendment during the com- In other words, the deal we negotiate forecast of reduced operations in Af- mittee’s markup that would have put on this next production lot must be at ghanistan during 2012. the program on a 1-year probation if least as good, if not better, than the These cuts are the first step in what the costs under the fixed-price contract deal we negotiated under the previous will be an extremely critical debate on for the fourth lot of early production one. Otherwise, we are moving in the the right amount of defense spending aircraft grew by more than 10 percent wrong direction and it will only be a over the next 10 years. We will need to over their target cost by the end of the matter of time before the American make some very difficult decisions year. My goal was to send a strong, people and the U.S. Congress lose faith that will undoubtedly increase risk as simple, and powerful message to the in the F–35 Program, which is already we decide whether to continue or ter- Pentagon and to Lockheed Martin, a the most expensive weapons program minate costly and, in some cases, trou- message that we will no longer con- in the history of this country. bled and overdue programs. We will tinue down the road of excessive cost I look forward to having the oppor- need an informed and honest debate on growth and schedule slips on this pro- tunity to address this and other signifi- which defense requirements and capa- gram just because other alternatives cant national security policies related bilities most effectively and efficiently are hard to come by. to detainee policies, cyber operations, protect the full range of our Nation’s We now are faced with a prospect of Iranian aggression, Pakistan, acquisi- interests. the first $1 trillion weapons system in tion reform, and the way we buy space As such, this committee’s review and history, which it certainly was not programs and launch services, further curtailment of troubled, wasteful or originally designed to be. limiting the use of fixed-price con- unnecessary programs is not only es- As it turned out, the amendment did tracts for procurement, reducing the sential to ensure proper stewardship of not go forward as a result of a tie vote cost of military health care, counter- taxpayer funds but also stays true to in committee. An alternative provision feit parts, and the future of our mili- the intent of preserving funds for war offered by Chairman LEVIN will instead tary in the face of major budget reduc- fighter priorities. Along these lines, require that the fifth lot of early pro- tions. this bill proposes to cut: $452 million duction F–35 aircraft be procured under On the issue of counterfeit parts, I for the Enhanced Medium Altitude Re- a fixed-price contract and that Lock- commend the initiative of the chair- connaissance and Surveillance System heed Martin bear the entire responsi- man to address this critical issue. The due to program delays; $192 million bility for any cost overrun other than proliferation of counterfeit parts from related Brigade Combat Team certain limited costs needed to make threatens the safety of our men and Modernization projects due to a pro- specific changes that the government women in uniform, our national secu- gram termination by the Army; $200 requests. Because I feel it is essential rity, and our economy. We cannot risk million for the Joint Tactical Radio to use fix-price contracts for large Pen- a ballistic missile interceptor missing System due to program delays; $406 tagon weapons programs, I supported its target or a helicopter pilot unable million for the Medium Extended Air the chairman’s amendment during the to fire his or her weapons or display Defense Systems, known as MEADS, markup and I support it now. units failing in aircraft cockpits or any which is a high-risk joint program for Today, as we speak, the Pentagon is other system failure, all because of a air defense with Germany and Italy negotiating with Lockheed Martin on counterfeit electronic part. Nor can we which the Army has decided not to de- who will bear the cost of changes to keep affording the hundreds of thou- ploy operationally; $519 million for the the design and manufacturing of the sands, even millions, of dollars to fix Joint Tactical Radio System, called aircraft that could come down the road the systems they penetrate. JTRS, as a result of program execution as a result of thousands of hours of Our committee has been conducting and cost concerns; $244 million for flight testing that lie ahead. In this an investigation for the past year, and Warfighter Information Network-Tac- sense, the excessive overlap between we will have an amendment—there is tical; $173 million for Ground Soldier development and production that is one already pending—as a result of this System-Net Warrior; $157 million for called concurrency is now coming outstanding work. HMMWV recapitalization programs; home to roost. The Defense Depart- I also plan to offer amendments that $108 million for unnecessary ment quite rightly says it will not sign will start us on the course of an up- postproduction funding for the C–17 any contract for the next lot until dated plan for U.S. military forces in Program; $233 million due to slow exe- Lockheed Martin agrees to pay a rea- the Pacific theater. The current plan cution in the development of the fam- sonable share of these concurrency to move 8,700 marines, 9,000 family ily of Advanced Line Of Sight Termi- costs, and Lockheed Martin doesn’t members from their current bases on nals used in conjunction with the Ad- want to bear the risk of new discov- Okinawa to Guam is now estimated to vanced Extremely High Frequency Sat- eries. require spending between $18 and $23 ellite System; $300 million by cur- Let me be clear. I strongly support billion on Guam to build up its capa- tailing authority for long-term lease of the Department of Defense position. I bilities as a permanent base. This is an a commercial satellite by the Defense think it reflects exactly the congres- increase of well over $10 billion from Information Systems Agency due to a sional view reflected in our markup. As the original estimate. I believe the lack of an analysis of alternatives; $105 we agree to buy more early production pricetag will continue to rise. As a re- million in connection with delays in jets while most of the development sult, I, along with Chairman LEVIN and contract awards associated with GPS testing has yet to be done, Lockheed Senator WEBB and other colleagues, systems under development. Martin must be held increasingly ac- view this program as unworkable, Even after this long list of cuts to countable for cost overruns that come unaffordable, and an unnecessary troubled programs, I would have liked as a result of wringing out necessary strain on the relations between our to have done more. changes in the design and manufac- government and the Government of I wish to point out that in the days turing process for this incredibly ex- Japan. Recognizing this strain, both when we were increasing defense spend- pensive aircraft. the Armed Services Committee and the ing, it was one thing not to be in sync How does this legislation affect pend- Military Construction and Veterans Af- with the appropriations committee. In ing negotiations? It means on the next fairs’ Committee of the Appropriations the days of reductions in defense spend- production lot, Congress expects the Committee have stopped funding Guam

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7646 CONGRESSIONAL RECORD — SENATE November 17, 2011 military construction projects until The Secretary concludes: would face ‘‘substantial risk of not the Department of Defense provides a If we fail to address [these costs], then we being able to meet our defense needs.’’ master plan and considers alternatives won’t be able to afford the training and Defense spending is not what is sink- that may provide the needed Marine equipment our troops need in order to suc- ing this country into fiscal crisis, and forward presence at much less expense. ceed on the battlefield. if the Congress and the President act Let’s face it, we simply are at a level Providing the Department with the on that flawed assumption, they will we cannot afford under the present authority to adjust Tricare PRIME en- create a situation that is truly plan. I also understand our relations rollment fees based on a realistic index unaffordable—the decline of U.S. mili- with Japan are very important in this of national health expenditures per tary power and a hollow military. We whole move. We cannot send a signal capita, as the administration re- cannot let this happen. Despite a sig- that America is leaving the area. In quested, would have been the right nificant decline in defense spending, fact, I was very pleased to see the thing to do. Instead, this bill limits all the growing threats we face around the agreement the President of the United future enrollment fee increases to the world demand a strong and resolute States signed with the Prime Minister cost-of-living adjustment for military U.S. military that continues as the of Australia just yesterday that pro- retired pay. first line of protection for peace, free- vides for a joint operating base in Aus- Military retirees and their families dom, justice, and democracy around tralia. But we must understand the del- deserve the best possible care and noth- the world. icacy of our relations with the Govern- ing less in return for a career of mili- I have had the privilege of a long ca- ment and people of Japan, especially in tary service. But we cannot ignore the reer in public service, but in all my the time of rising concern about some fact that health care costs will under- years I don’t think I have ever seen a of the behavior that has been exhibited mine the combat capability and train- geopolitical environment as complex by the Chinese. ing and readiness of our military if we and as multidimensional as the one we I believe we need to take advantage don’t begin to control the cost growth face today. This will only increase in of this pause to convene a congres- now. Our committee report reflects the the years to come. The rise of China is sional commission of experts in Asian desire of the committee to review op- one of the most seminal events in affairs, with multilateral input, to re- tions for phasing in more realistic fu- world history, but it is not an isolated view our national security interests in ture adjustments beginning in fiscal occurrence. Other nations across the the Pacific region over the next 30 year 2014, and that is exactly what we Asia-Pacific—most notably India—are years and charter that commission to must do. also growing rapidly and using their propose a posture for our military I wish to emphasize a point here. I newfound wealth to enhance their com- forces that will both strengthen our am solemnly aware of the commitment prehensive national power, especially traditional alliances while offering op- this Nation has made to the men and new military capabilities. portunities for cooperative efforts with women who have served in the military The challenge for the United States emerging partners and allies to solidify regarding health care and benefits. is this: How do we, as a historic Pacific our mutual interests in the region. This Nation has made promises for power, use the next few years—despite In the face of the doubt about the many years and has endeavored to keep the necessary cuts that will have to be scope and timing of the Pacific realign- those promises. But we are faced with made in our defense spending—to make ments, we also need to ensure that this a set of dire circumstances regarding smart, strategic investments that set pause in potentially unnecessary the long-term viability of entitlement us up to shape the future of the coming spending is extended in 2012 to the use programs that threatens to undermine Pacific century? That means a more of defense funds to activities that have a whole range of promises we have geographically dispersed and oper- no direct impact on military functions made to every American. ationally resilient regional force pos- or missions on Guam, such as the pur- I am also keenly aware that in this ture. It means developing new oper- chase of civilian school buses and an unprecedented fiscal crisis facing this ational concepts, such as the Defense artifact repository and a mental health country, providing for our national de- Department’s AirSea Battle concept, clinic on Guam. While these projects fense is the most important responsi- which aims to enable us to operate ef- may have legitimate value to the Gov- bility that our or any government has. fectively in an anti-access and area-de- ernment of Guam to address current It is our Nation’s insurance policy. And nial environment. It means taking ad- needs for citizens of Guam, they simply in a world that is more complex and vantage of the many opportunities we are not my idea of top defense prior- threatening than I have ever seen, we face to enhance the capabilities and ities in the fiscal environment we face. cannot allow arbitrary budget arith- In addition, despite the efforts of interoperability of our alliances and metic to drive our defense strategy in Congress to ban earmarks and special partnerships. And perhaps most of all, spending. We have to look at every pro- interest projects, this bill contains al- it means making some difficult and at gram to determine what risks we can most $850 million in authorizations of times painful choices about where we afford to take without risking the lives funding for items and programs not re- can go, what we do, and what we can do and welfare of those brave young quested by the administration. The full without. We all must take responsi- Americans who volunteered to serve in Senate needs to consider the merits of bility for these choices. the military. When we talk about our increasing these unrequested spending items and As such, some of the defense cuts focus on the Asia-Pacific region, what to determine whether they are top de- being discussed—particularly as a re- this does not mean and cannot mean is fense priorities in today’s fiscal envi- sult of sequestration—would do grave a lack of commitment to the broader ronment. harm to our military and our Nation’s The bill also cuts $330 million for pri- Middle East. After all, the United security. The immediate impact of a vate sector care under the Defense States still has a capacity to do at sequester, according to Secretary Pa- Health Program, based on an assess- least two things at once, and we cannot netta, who previously served as chair- ment of historical underexecution afford to allow that to change. man of the House Budget Committee The Middle East and north Africa are rates. This is the first step in an impor- and Chief of Staff to President Bill undergoing perhaps the most con- tant progress in helping the Depart- Clinton, could be a 23-percent across- sequential period of upheaval since the ment of Defense control spiralling the-board cut to our Nation’s defense collapse of the Ottoman Empire. Gov- health care costs. It is the other chal- programs. Shipbuilding and construc- ernments with long patterns of author- lenges we face in this bill where we tion contracts would have to be cur- itarian control—some of them our could have and should have done more. Secretary Panetta, speaking at the tailed. Civilian personnel and contrac- partners—are falling under the popular Woodrow Wilson Center, said: tors would have to be furloughed. The pressure of millions of citizens who de- end results of these cuts after 10 years sire dignity, freedom, and opportunity. The fiscal reality facing us means we also have to look at the growth in personnel would be ‘‘the smallest ground force Our old and dear ally Israel faces a costs, which are a major driver of budget since 1940, the smallest number of ships more tumultuous and potentially growth and are, simply put, on an since 1915, and the smallest Air Force threatening position than it has in dec- unsustainable course. in its history.’’ The United States ades. At the same time, new regional

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7647 leaders, such as Turkey and Qatar and bill and the way in which he and our to describe it in some greater length the UAE, are playing a more confident members, our brothers and sisters on because it is very significant. It is and assertive role in shaping the events the committee, including the Presiding going to totally change the way we buy of the region despite the failure of Officer, worked so well together on a replacement parts for our weapons sys- leadership that led us to the full with- bipartisan basis and the way our staffs tems to avoid the absurdity that we drawal of U.S. troops in Iraq. The suc- worked together. We are now in a posi- have so many counterfeit parts, includ- cess of that country remains a critical tion where we can consider amend- ing used parts, where we need new national security interest of the United ments, as the Senator from Arizona parts on these weapons systems. States. We must remain committed to said, pending the receipt of amend- The investigative staff of our com- Iraq’s success and stability. And all the ments for our consideration. mittee looked at just a slice of the De- while, the Iranian regime continues to I yield the floor. fense chain for getting replacement threaten the security of the region and Mr. MCCAIN. Madam President, what parts. In that one slice of that supply that of the United States. is the pending business before the Sen- chain, they identified 1,800 examples of Amid all of these complicated and ate? where counterfeit parts were in our important global trends, it is abso- The PRESIDING OFFICER. The weapons systems. There were 1,800 dif- lutely vital that the Members of this pending business is the McCain-Levin ferent examples, but they involve mil- body be allowed to engage in a fulsome amendment No. 1092. lions of parts. and serious debate about the vital na- Mr. MCCAIN. I think that is the What happens here is that these used tional security interests contained in Levin-McCain amendment. computers that originate from China, this bill. I hope there will be a gen- The PRESIDING OFFICER. That is which are called e-waste, are sent back erous opportunity to offer amendments correct. to China where they are pulled apart. Mr. MCCAIN. I would like to discuss and debate them. I am confident we The electronic parts are then washed, that amendment. This amendment is a can do this while still moving dili- frequently in a stream—and there are result of the effort made by our com- gently and quickly along. pictures of these parts being washed in mittee staff and other members of the We have given the majority leader streams—dried out in the open, and committee to identify a very serious the commitment that we will work to then they go mainly to one place in problem that can affect our Nation’s ensure Senate consideration of this bill China, Shantou. The surfaces of these security; that is, the counterfeiting of on an expedited basis. This Chamber parts are then sanded down, new sur- critical components that end up in our must have the opportunity to complete faces are put on them, and a number is defense systems—in some cases, heli- this bill and then send it to the con- placed on them to make them look like copters; in some cases, aircraft; in ference with the House. We need to new parts. Then, those parts, through some cases, missiles—literally every have a conference report before the end various ways, get into the supply high-tech aspect of our Nation’s de- of the year. chain. That is what we have to stop. We cannot continue to place critical fense systems. This is dangerous for our troops. It authorizations in appropriations bills We traced, in hearings under Senator jeopardizes their missions. We believe or continuing resolutions because we LEVIN’s leadership, the way in which, we are losing approximately 11,000 cannot get the Defense authorization through different shell companies, American jobs that would be making bill done in a timely manner. As an ex- these parts that originate in China these parts if they weren’t counter- ample, this bill includes extensions for that are counterfeit end up, through feited overseas. That is just one esti- several important counternarcotics au- various establishments and then by our mate by the Semiconductor Industry thorities that expired at the end of fis- major parts suppliers, in our weapons Association. Our semiconductor manu- cal year 2011. The expiration of these systems. There already have been occa- facturers suffer about $7.5 billion in authorities has had a direct impact on sions where there have been system lost revenue. So there is a safety issue DOD efforts to combat illicit traf- failures, and there have also been situ- and a mission threat issue here, first ficking networks where proceeds often ations which have inhibited or reduced and foremost, but this is also an unnec- directly fund the activities of terror- readiness and further capabilities. So essary and unfair blow to the American ists and other criminal organizations far, thank God, it has not resulted in economy and to American jobs. that pose a significant threat to U.S. any casualties or deaths, but there is This is what this amendment does. security interests. Timely passage of very little doubt that this counter- We are requiring the Secretary of the Defense authorization bill will en- feiting poses a serious threat. Accord- Homeland Security to establish a pro- sure that these counternarcotics mis- ing to our findings, some 70 percent of gram of enhanced inspection of elec- sions can continue in places such as Af- these counterfeit parts come from tronic parts imported from any coun- ghanistan, Colombia, and along our China. try that is determined by the Sec- southern border. It has to be stopped. We don’t know, I, for one, am not proud of the 9-per- to tell my colleagues the truth, if all retary of Defense to be a significant cent approval rating in the perform- the parts of this amendment will stop source of counterfeit parts in the DOD ance of Congress determined by various it because it is a huge money-making supply chain. polls. They are right—we need to do business, but I think this initial This amendment requires the Depart- more for the American people. I hope amendment will move us in the right ment of Defense and its suppliers to we can reverse this downward trend in direction to try to bring at least under purchase electronic parts from original our approval by tackling the critical some control the flow of these counter- equipment manufacturers and their au- national security challenges facing feit parts into our Nation’s defense. thorized dealers, or from trusted sup- this country in an efficient and effec- So I hope that with the help of my pliers who meet established standards tive manner. colleagues we could adopt this amend- for detecting and avoiding counterfeit I look forward to working with Sen- ment as rapidly as possible and move parts. It establishes requirements for ator LEVIN to pass this bill as quickly on to the next one. I know of no one notification, inspection, testing, and as possible and get it into law for the who objects to it. I know there are authentication of electronic parts that benefit of our military and our coun- other members of the committee who are not available from such suppliers. try. I would ask our colleagues—as we were involved in the examination of It requires the Department of De- usually do—to get their amendments this situation, and perhaps they would fense and DOD contractors who become to us so we can have them considered like to come and speak on it. But I aware of counterfeit parts in the sup- and have as prompt action as possible would recommend to the chairman ply chain to provide written notifica- on them. that we move on this amendment as tion to the Department of Defense in- I yield the floor. quickly as possible. spector general, the contracting offi- The PRESIDING OFFICER. The Sen- Mr. LEVIN. Madam President, I cer, and the Government-Industry Data ator from Michigan. thank the Senator from Arizona. I very Exchange Program—GIDEP—or a simi- Mr. LEVIN. Let me thank my friend briefly described this amendment be- lar program designated by the Sec- from Arizona for his great work on this fore, but I will take a few minutes now retary of Defense.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7648 CONGRESSIONAL RECORD — SENATE November 17, 2011 The amendment would authorize Cus- WHITEHOUSE’s Combating Counter- Supreme Court has decided to devote toms to share information with origi- feiting Military Act is a part of this 51⁄2 hours to oral argument. The an- nal component manufacturers from bill, so that would hopefully satisfy at swers to the questions are not clear. electronic parts inspected at the border least the Judiciary Committee? I see Besides considering the commerce to the extent needed to determine the distinguished Senator from Iowa clause question, the Court will also whether an item is a counterfeit. here. He does not intend to address this hear oral arguments on three other It requires large Department of De- issue, but I hope we can get the com- questions. The first is severability: fense contractors to establish systems mittees of jurisdiction involved in this Will the remainder of the law stand if for detecting and avoiding counterfeit as quickly as possible. I think this is the individual mandate is struck down? parts in their supply chains, and it au- an issue we should not delay too much Normally, the Court does not even con- thorizes the reduction of contract pay- longer. sider severability until it has decided ments to contractors who fail to de- Mr. LEVIN. Well, we do need to con- that a part of a statute is, in fact, un- velop adequate systems. sult with those committees. That is constitutional. The fact that at least The amendment requires the Depart- underway. I am hopeful the commit- four Justices have voted to hear argu- ment of Defense to adopt policies and tees and their leaders will take a ments on this question should cause procedures for detecting and avoiding prompt look at this and see if there is uneasiness among those who are con- counterfeit parts in its own direct pur- any problem with the language from fident that the law is constitutional. chases, and for assessing and acting the perspective of their committees. The second issue is the constitu- upon reports of counterfeit parts from Mr. MCCAIN. If the chairman will tionality of the law’s expansion of the Department of Defense officials and further yield briefly, so we will not Medicaid Program upon the States. DOD contractors. voice vote this until we get the signoff The third is whether procedurally the The amendment authorizes the sus- of the relevant committees; is that cor- law can be challenged in the courts be- pension and debarment of contractors rect? fore it actually takes effect. who repeatedly fail to detect and avoid Mr. LEVIN. That is correct. There is always the possibility that counterfeit parts or otherwise fail to The PRESIDING OFFICER. The Sen- after all the briefs, all the arguments, exercise due diligence in the detection ator from Iowa. and all the public expectations, the Su- and avoidance of counterfeit parts. Mr. GRASSLEY. I ask unanimous preme Court will finally resolve wheth- The amendment also includes a bill consent to address the Senate as in er the health care law is, in fact, con- Senator WHITEHOUSE introduced that morning business. stitutional. Conversely, the Court was passed out of the Judiciary Com- The PRESIDING OFFICER (Mr. could determine that it is too soon for mittee to toughen criminal sentences MANCHIN). Without objection, it is so it to rule on the issue because the law for counterfeiting military goods or ordered. hasn’t fully gone into effect. services. CONSTITUTIONALITY OF PPACA Before the Supreme Court agreed to Finally, the amendment requires the Mr. GRASSLEY. Mr. President, I am hear these cases, the U.S. Court of Ap- Department of Defense to define the pleased the Supreme Court has agreed peals for the DC Circuit ruled that the term ‘‘counterfeit part’’ which is a to hear the arguments in three cases individual mandate was within the con- critical and long overdue step toward challenging the constitutionality of stitutional power to regulate inter- getting a handle on the problem. the health care reform law Congress state commerce. That court concluded We also make it clear that it is the passed 2 years ago. I appreciate that that this result followed from existing supplier of the counterfeit part who is the Obama administration asked the Supreme Court decisions. It also ruled going to pay for its replacement, and Supreme Court to hear this question. that Congress could, therefore, require not the taxpayers of the United States. In light of the importance of these private individuals to purchase any This amendment touches the juris- cases, I have written to Chief Justice product that Congress chose. The ma- diction of two or three other commit- Roberts asking him to provide live jority opinion was written by Judge tees, so we have sent this amendment audio and video coverage of the oral ar- Laurence Silberman. to the other committees to try to clear guments. I respect Judge Silberman, but I this amendment. The Judiciary Com- The constitutionality of the health strongly dispute his ruling and I wish mittee is one, and I think Homeland care law was the subject of a hearing in to take this opportunity to outline my Security is another, and I believe the the Judiciary Committee last Feb- disagreements with Judge Silberman. Finance Committee is the third. We are ruary. Regrettably, the Judiciary Com- I think Judge Silberman has selec- hoping we can get prompt, positive re- mittee would not hold such a hearing tively read Supreme Court decisions. sponse, but obviously we want to make until after the bill became law. Those For instance, he noted that no Su- sure those other committees are con- who voted for that law should have preme Court has ever held the com- sulted and that they concur. If not, we given these constitutional questions merce clause authority is limited to would have to then make changes in more attention before they voted for people who are currently engaging in the amendment, probably, in order to the bill. Today I wish to discuss the an activity that involves interstate accommodate what those concerns are. issues that are presented in the cases, commerce, but it is equally true that But there are some jurisdictional focusing primarily on the constitu- no Supreme Court case has ever held issues here which we are currently tionality of the individual mandate and that the commerce clause covers peo- working out. another recent appellate court ruling ple who are not engaging in an activity I had an opportunity this morning, on that topic. and may never do so in the future. It is with Senator MCCAIN, to talk to Sen- When Congress passed this law last not clear why Judge Silberman focused ator LEAHY, who was before our com- year, we were told it would be very only on the first formulation and did mittee introducing a nominee, to alert popular and truly and clearly constitu- not consider the second. This omission him to the fact that we had this tional. Neither is true. Polls show that is even more peculiar when com- amendment which touched on the ju- the law remains unpopular. The law’s pounded by his omission of the Su- risdiction of his committee. I hope by individual mandate provision requires preme Court’s repeated skepticism of now the language of the amendment nearly all Americans who do not other- congressional claims that it can exer- has been shared with the staffs of those wise have health insurance to purchase cise a power that it never before dis- three committees—and I think I have such insurance or to pay a monetary covered in more than 200 years of our them all—but we intend to do exactly penalty. That provision also raises se- constitutional history. The Court has that. rious constitutional questions about always been wary when a new power is Mr. MCCAIN. Madam President, will the scope of congressional power to claimed. the Senator yield for a question? regulate interstate commerce. Judge Silberman recognized that the Mr. LEVIN. Surely. Normally, the Supreme Court grants power claimed here to require that the Mr. MCCAIN. Is it not also true that only 1 hour for oral argument. Here, purchase of a product or service is as the Senator mentioned, and I wish the constitutional questions associated novel, but he did not continue with the to emphasize, that Senator with the bill are so difficult that the next step that the Supreme Court

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7649 would have taken. Instead, the judge Judge Silberman disagreed. He said brids if Congress could simply order concluded that the argument against the mandate here is close to the facts you or anybody else to buy hybrids? the power was equally novel. of Wickard v. Filburn, a famous 1942 Why would Congress give strong incen- I think it is common sense no one Supreme Court decision that broadly tives for farmers not to grow wheat so would have made such an argument if read the powers of Congress to regulate as to keep the price up when it could Congress had not claimed this power. interstate commerce. The Court then force people—the consumer—simply to For instance, when the Supreme Court upheld the second Agricultural Adjust- buy wheat? Why could it not raise the in the Plaut case ruled that Congress ment Act. Under that law, a farmer price of beef by requiring vegetarians could not reinstate a statute of limita- could be penalized for growing wheat to purchase it, so long as it did not re- tions once it had expired, it pointed on his own farm even for the use of his quire them to eat that beef? Why would out that Congress had never done that. own family and livestock. He could not Congress take the political heat for It did not belittle the argument grow that wheat if he exceeded his raising taxes when it could order some against the practice by characterizing wheat quota. The homegrown wheat people to pay third parties for goods it, as Judge Silberman did, as novel. In substituted for the wheat the farmer and services? fact, the argument against the novel otherwise would have had to purchase Even more sinister, Members of Con- claimed power won. on the open market, so the Court con- gress could use this supposed power Judge Silberman stated that Con- cluded that would depress the price of under the commerce clause to entrench gress cannot regulate noneconomic be- wheat when combined with the actions ourselves in office. Congress could re- havior based on a weak link to inter- of similar farmers all across the coun- quire that the goods and services state commerce. He ruled that Con- try. So, obviously, in Filburn, that Americans must purchase be limited to gress cannot regulate intrastate eco- farmer affected interstate commerce. those providers who contribute to the nomic activity that in the aggregate That may not make sense to us today, political party of the Members. Or it does not substantially affect interstate but it made sense in 1942, and it is still could prohibit purchases from those commerce. Agreeing with Judge Silber- a precedent. providers who contribute to the other man, so far so good. But then he found Judge Silberman, however, ruled that political party. It could require people the regulation at issue in that case is that decisions whether to purchase to buy houses or cars or other products very similar to the individual mandate, health insurance do affect interstate in areas where that political party has which is an inactivity if you decide not commerce. However, the Supreme its base of support. Sounds a little bit to purchase it, and that any activity Court has never ruled that Congress like Mussolini’s Italy, doesn’t it? involved in the Wickard case was inci- can regulate decisions—in other words, Before the Supreme Court’s Lopez de- dental to simply owning a farm. cision, there were people who believed thoughts—on whether to purchase a I take issue with that. The Wickard Wickard v. Filburn, since 1942, gave good or service. The Court for decades case differs conceptually from the indi- Congress the ability to regulate any- has referred to the power of Congress vidual mandate. Farmer Filburn, in thing Congress chose to regulate. Then, to regulate activities that affect inter- 1942, could avoid the regulation by in the Lopez case, the Supreme Court state commerce. ceasing to farm, by no longer engaging ruled that the commerce clause did not Since Congress cannot regulate non- in the regulated activity. In fact, that permit Congress to regulate the posses- economic activities or intrastate eco- is true in all of the cases Judge Silber- sion of handguns near schools. At the nomic activities that have no com- man cited. A person can avoid laws pe- bined effect on commerce, then it fol- nalizing cultivation of marijuana by time, there was widespread fear among lows naturally that Congress cannot not cultivating marijuana. A person liberals that the power of Congress to regulate at all inactivity—such as re- can avoid laws criminalizing child por- regulate interstate commerce would be fraining from buying a product. nography by not downloading child jeopardized. Those fears did not mate- Judge Silberman considered the ‘‘ac- pornography. A person can avoid public rialize. Similarly, today, people such tivity’’ argument and, in my mind, he accommodation regulations by not op- as Judge Silberman again believe that repeated an earlier error. He concluded erating a public accommodation. Those Wickard v. Filburn gives Congress the that no Supreme Court case had ever are activities Congress can constitu- ability to regulate nearly anything it said that existing activity was nec- tionally regulate under the commerce chooses and, therefore, the individual essary for Congress to exercise its clause. mandate must be upheld. I do not power to regulate interstate commerce. But that is not the case with the in- agree. But it is just as true that many Su- dividual mandate. You cannot avoid Where I give Judge Silberman cred- preme Court cases have described the being subject to that mandate. If you it—and if you knew the man, you kinds of activities Congress may regu- exist, if you are alive, an individual in would know this is his character—is in late under the commerce clause. Judge this country, you are regulated. And, of his intellectual honesty. Unlike the Silberman could have as accurately course, that is not the situation with Obama administration, Judge Silber- found that no Supreme Court case has respect to any other decisions Judge man recognizes the truth. If Congress ever held that Congress has the power Silberman cited. It is why he is, re- can force people to buy health insur- to regulate commerce in the absence of spectfully, wrong to find that the in- ance, he admits, it can force people to an activity. fringements on liberty are the same in buy any goods or services. It can regu- Another way Judge Silberman selec- those cases as they are in the indi- late inactivity because it can affect tively read the Supreme Court prece- vidual mandate. The liberty of avoid- interstate commerce. This is con- dents is that he could have struck ing the regulation was preserved in the sistent with the opinion of the Con- down the individual mandate con- laws at issue in those cases. Liberty gressional Budget Office, which wrote sistent with all Supreme Court prece- would prevail because you did not have in a 1994 memorandum that ‘‘a man- dents. to abide by the law if you were not in date-issuing government’’ could lead This point was confirmed in the Judi- that business, but not so with the indi- ‘‘[i]n the extreme’’ to ‘‘a command ciary Committee hearing we held in vidual mandate under the health care economy, in which the President and February. I asked the witnesses wheth- reform bill. the Congress dictated how much each er the Supreme Court could strike Moreover, I disagree with Judge Sil- individual and family spent on all down the individual mandate without berman’s assertion that it is for polit- goods and services. . . . ’’ That is not overruling any of these precedents. The ical reasons and not constitutional the America our Constitution writers Republicans’ witnesses both responded ones that it took until 2010 for Con- envisioned. that the Court could do so. The Demo- gress to conclude that the Constitution At the oral arguments in the DC Cir- crats’ witnesses identified no cases allows it to force people to buy goods cuit, the judges asked the Obama ad- that would have to be overturned. So or services. If this power truly existed, ministration lawyer if Congress could not only is the individual mandate un- Congress would have exercised it fre- require Americans to buy broccoli, or constitutional, but the Supreme Court quently and long ago. to buy cars to keep General Motors in could strike it down without over- Why would Congress pass tax incen- business, or to set up mandatory re- turning any of its precedents. tives to encourage people to buy hy- tirement accounts in place of Social

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7650 CONGRESSIONAL RECORD — SENATE November 17, 2011 Security. The lawyer weaseled an an- out of university, made sure that they planned for the Zetas to carry out the swer, saying that ‘‘It would depend.’’ can do no business with the Iranian bomb plot in Washington, DC, had its That is not a principled position on the Government. origin point with the Central Bank of nature of the supposed powers of Con- We know Iran is the chief sponsor of Iran. gress, which has no limit. the terrorist group Hezbollah that has That is why 92 Senators, Republicans Judge Silberman is a former Ambas- had a grip on southern Lebanon. We and Democrats, despite these partisan sador to what used to be Yugoslavia. know Iran jumped the Shiite divide to times, have joined to say we should He understands the difference between also support the terrorist group called level this crippling sanction against a command economy and a free market Hamas in the Sunni community. the Central Bank of Iran. economy. What his decision implicitly We know Iran has been a state spon- I thank the 92 Senators who signed states is that Wickard v. Filburn per- sor of terror as certified by Presidents the Schumer-Kirk letter. Indications mits Congress to enact a command Carter, Reagan, Bush, Clinton, Bush, are that the Obama administration is economy with no individual economic and Obama. going to take further actions on the freedom whatsoever. But our Constitu- We know Iran recently sentenced an Central Bank of Iran. This amendment tion provides protections for private Iranian actress to 90 lashes for appear- lays out the full roadmap for what we property and for contracts. It estab- ing in an Australian movie without a should do. lishes some form of a free market sys- headdress. What does the amendment do? It is tem. Judge Silberman’s interpretation We know Iran recently arrested 70 of patterned after the bipartisan amend- may imply that Wickard v. Filburn was its fashion designers, for crimes I can- ment adopted under the authorship of wrongly decided and should be over- not even imagine that they would have Democratic California Congressman turned, but I do not believe it is nec- committed. HOWARD BERMAN, unanimously adopted essary to overrule that decision, any But, most importantly, we know the in the House Foreign Affairs Com- more than it was necessary to reverse International Atomic Energy Agency mittee, that says for any business, if the Filburn case when they decided the has certified that now Iran has en- you do business with the Central Bank Lopez case. riched uranium far beyond what it of Iran, you cannot do business with Apart from cases, we need to go back needs to run a civilian reactor pro- the United States of America. to the basics. We should consider first gram; that Iranian military personnel We know that world financial ar- principles in evaluating the constitu- have been involved in acquiring infor- rangements and especially oil markets are complicated instruments, so under tionality of the individual mandate in mation on the design of nuclear weap- this bipartisan amendment we have a the health care reform bill. The people ons; that the Iranians are working on 180-day timeclock to make sure that are sovereign in our country. The gov- the details of a warhead for their especially key allies and friends of the ernment serves the people, not the Shahab-3 missile that fits all of the United States can unhook from Iranian other way around. That is enforced profiles of a nuclear weapon. oil and the financial ties that bind through our Constitution. And that Finally, we know, according to the them to Iran. This is particularly im- Constitution gives Congress just lim- Attorney General of the United States, portant for Turkey, for Sri Lanka, for ited powers. Eric Holder, that Iran and its Iranian Italy, and for Greece, who would all use In the Federalist Papers, James Revolutionary Guards Quds force es- that time under this amendment to Madison wrote that the powers of the tablished a bomb plot with the Mexican unhook from Iran. Federal Government are few and are cartel, the Zetas, to blow up a George- In this, I think we are going to have defined, and the powers of the States town restaurant, to kill a number of a very willing partner in the Govern- are many and are undefined. Although Americans, even talked about possibly ment of Saudi Arabia, recently obvi- there is much more interstate com- killing Senators, in an effort to assas- ously focused on, because the Iranians merce in today’s economy than there sinate the Saudi Arabian Ambassador tried to kill their Ambassador to the was in 1787, the power is still limited. If to the United States here in Wash- United States. I will be meeting with Congress can require Americans to pur- ington, DC. that Ambassador tomorrow. I think chase goods and services that Congress I think it is clear with this bipar- this amendment lays the groundwork chooses, without a limiting principle, tisan amendment that we all recognize not just to work with Israel, not just to then there is no limited Federal Gov- we are at a turning point and that we work with Saudi Arabia, but our allies, ernment. There would be no issue that need new sanctions against Iran. With- to collapse the Central Bank. Congress could not address at the Fed- out crippling sanctions, I believe we Without action, I think we turn the eral level. There would be no range of have then turned the international Middle East and especially the Persian State powers that the Federal Govern- community on the path toward war, Gulf toward war. That is why we ment cannot usurp. And there would be likely between Iran and our allies, in should take every nonmilitary action no individual economic autonomy that Israel. possible to avoid that conflict, to col- the Federal Government must respect. This would cause a needless loss of lapse the Central Bank of Iran. Surely, the Constitution would not life. It would lead to higher energy There are a number of bipartisan he- have been ratified if Americans had un- prices for the West, an increase in in- roes in this story—Senator LIEBERMAN, derstood it to permit such a result. stability in Europe when we can least who has been a key actor on these The upcoming Supreme Court deci- afford it. Therefore, we need to level issues and a partner with me on many sions on the constitutionality of the crippling sanctions, especially against of these issues; Senator GILLIBRAND individual mandate are important, not the Iranian center of gravity, the Cen- also who has helped out; obviously Sen- only for the fate of that provision but tral Bank of Iran. ator SCHUMER, who was the coauthor of for their effect on the powers of the The Central Bank of Iran is the prin- the 92-Senator letter on the Central Federal Government and for the very cipal funder of the Ahmadinejad re- Bank of Iran; Senator MENENDEZ, who survival of individual economic activ- gime itself. It is probably the source of also has an outstanding idea on cre- ity. funds so substantially provided to ter- ating an Iranian oil-free zone; and obvi- I yield the floor. rorist groups by Iran to Hamas and ously my bipartisan partner on this The PRESIDING OFFICER. The Sen- Hezbollah. It is the Central Bank of and best friend in the Senate, Senator ator from Illinois. Iran that is supporting operations in MANCHIN, who joined me on this effort. AMENDMENT NO. 1084 Afghanistan and Iraq against our allies Together, we can have a clear state- Mr. KIRK. Mr. President, I wish to there. ment about what has happened with speak on the pending amendment. I It is the Central Bank of Iran that is the IAEA and the Iranian nuclear pro- rise in support of the Kirk-Manchin- the principal underlying financial sup- gram, with their record on human Heller and Blunt amendment regarding port for the Iranian nuclear program, rights, with their record on support for Iran. What we know with regard to and the Central Bank of Iran that is terrorism and, most importantly, ac- Iran is that they have persecuted the paymaster for the Iranian Revolu- cording to the Attorney General, with 330,000 Baha’is in their country, reg- tionary Guards force, especially their a brazen attempt to attack the United istered their houses, kicked their kids Quds force. Likely the money that was States directly with this bomb plot.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7651 I urge Members of this Chamber to I am especially proud of the work of need to meet our readiness needs. It vote for this amendment, which is now the Readiness Subcommittee. It has would save $1.2 billion of taxpayer pending to the National Defense Au- been a pleasure to work with Chairman money in the next few years, without thorization Act, because it puts a clear MCCASKILL. Our committee made sig- compromising the readiness we need to statement forward, levels the toughest nificant, well-informed reductions that protect our Nation. nonmilitary sanction we had, helps re- achieve taxpayer savings without en- Our Nation’s strategic air fleet pro- duce the chance for war or market and dangering our military readiness. vides global air mobility to the U.S. oil instability and higher prices, and However, going forward, I wish to military. As GEN Raymond Johns, has such a strong bipartisan pedigree raise one issue. We have to guard commander of the Air Force Air Mobil- behind it. against excessive cuts to our readiness ity Command, said in his statement in I yield the floor. accounts that will leave our troops and a hearing before the Armed Services Mr. MCCAIN. I suggest the absence of our Nation less prepared for future con- Committee, where we had this amend- a quorum. tingencies. In light of the supercom- ment addressed: The PRESIDING OFFICER. The mittee meeting in Washington, we have The strategic airlift is a national asset al- clerk will call the roll. to come to an agreement to avoid what lowing America to deliver hope, to fuel the The bill clerk proceeded to call the Secretary Panetta has described as cat- fight, and to save lives anywhere in the roll. astrophic and a deep concern for our world within hours of getting the call. Ms. AYOTTE. Mr. President, I ask In order to meet this need, the unanimous consent that the order for national security if those sequestration cuts occur. United States uses C–5s and C–17s as the quorum call be rescinded. their strategic airlift capability, and The PRESIDING OFFICER. Without I am particularly pleased key provi- current Federal law sets the Air objection, it is so ordered. sions of the Brown-Ayotte ‘‘no con- Ms. AYOTTE. Mr. President, as a tracting with the enemy’’ legislation Force’s minimum number of strategic member of the Senate Armed Services are included in the bill. This provision aircraft at 316. However, the Air Force Committee and as the ranking member will make it easier for the Defense De- and the administration—when the De- of the Readiness Subcommittee, I wish partment, contracting officials in Cen- partment of Defense submitted their to speak for a few moments and com- tral Command area operations, to void budget request, they made very clear ment on the National Defense Author- contracts with contractors that, unfor- that we don’t need to keep the min- ization Act. tunately, in some instances, have fun- imum requirement at 316 to meet the I will begin by thanking the majority neled taxpayer dollars to our enemies. needs of our country; that only a min- leader for honoring his commitment to Let me conclude by saying that, imum requirement of 301 aircraft are bring the National Defense Authoriza- again, I very much appreciate the lead- needed to meet the strategic airlift ca- tion Act to the floor for debate, amend- ership and bipartisan nature of the pacity requirements of our country. ment, and passage. As Leader REID work done on the Armed Services Com- The requirement to maintain the bot- pointed out this morning, this would mittee. This is a very important bill tom-line limit of 316 is a situation have been the first time in a half cen- that I am very glad we are going to where Congress is requiring the Air tury in which we would not have passed take up and fully debate in the Senate. Force to maintain planes it does not a national defense authorization bill. I certainly urge my colleagues to pass need to protect the readiness of our In the midst of two wars, with our this bill. country. So it was the Air Force that brave sons and daughters and husbands AMENDMENT NO. 1065 wanted this amendment to be brought and wives fighting in Iraq and Afghani- Ms. AYOTTE. Mr. President, I ask forward to ensure we can save taxpayer stan, with our country facing a serious unanimous consent to set aside the dollars—over $1 billion. threat from radical Islamist terrorists, pending amendment and call up This is very important at a time that would have been unacceptable. amendment No. 1065. when we are asking our military, as a I very much thank Chairman LEVIN The PRESIDING OFFICER. Is there result of the Budget Control Act, over and Ranking Member MCCAIN for their objection? Without objection, it is so the next 10 years, to reduce spending leadership. In this era that has been ordered. by close to $450 billion. So they have to characterized by gridlock and partisan- The clerk will report. look at areas where we are spending ship in Washington, the Armed Serv- The bill clerk read as follows: money we don’t need or where we are ices Committee has represented a wel- maintaining assets we do not need to The Senator from New Hampshire [Ms. come exception. The Senate Armed meet our readiness. AYOTTE], for herself, Mr. MCCAIN, and Mr. Services Committee has a long-en- REED, proposes an amendment numbered That is why I brought this amend- joyed, well-deserved reputation for pro- 1065. ment forward. It is a commonsense fessionalism and bipartisanship as we Ms. AYOTTE. Mr. President, I ask amendment that I am so pleased Sen- work across party lines to support our unanimous consent that reading of the ator REED has joined me on. I hope my troops and their families who sacrifice amendment be dispensed with. colleagues will support it in this time so much for our country to keep us The PRESIDING OFFICER. Without of great fiscal challenges. But the need safe. objection, it is so ordered. remains ever present to protect our na- This bipartisan spirit is reflected by The amendment is as follows: tional security against those who the fact that the Armed Services Com- would want to harm Americans and our mittee unanimously reported the ini- (Purpose: Relating to the force structure for allies for what we believe in. strategic airlift aircraft) tial Defense authorization bill out of We have to allow the Air Force and committee this summer, and did so At the end of subtitle C of title I, add the our Armed Forces to make sensible de- following: again this week, after reducing the au- cisions on where they need to put re- SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE thorization levels consistent with the STRUCTURE. sources to protect our country. That is requirements we need to meet, in light Section 8062(g)(1) of title 10, United States what this amendment does. I will say of the fiscal crisis our country faces, Code, is amended— we had a full hearing in the sub- and after revising the detainee com- (1) by striking ‘‘October 1, 2009’’ and insert- committee of the Armed Services Com- promise to take into consideration ing ‘‘October 1, 2011’’; and mittee on the strategic airlift aircraft some of the administration’s concerns. (2) by striking ‘‘316 aircraft’’ and inserting requirement. The military testified This year, once again, the quality of ‘‘301 aircraft’’. uniformly that reducing the number of Senator LEVIN’s and Senator MCCAIN’s Ms. AYOTTE. Mr. President, the the strategic airlift from 316 to 301 leadership is reflected in the quality of amendment I have just offered to the would put us in a very strong position the legislation the Armed Services Defense authorization bill is an amend- to meet every contingency that we can Committee has produced. This bill will ment that Senator REED from Rhode anticipate going forward, including ensure that our war fighters have what Island is joining me in sponsoring. multiple contingencies around the they need to accomplish their mis- The amendment itself would allow world, as well as homeland events. sions, protect themselves, and defend the Air Force to reduce its strategic This area has been studied very care- our country. airlift aircraft inventory to what they fully. It will allow us to continue to

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7652 CONGRESSIONAL RECORD — SENATE November 17, 2011 protect our country, but again, will someone who is there all the time, and and tireless leader in this effort and save $1.2 billion in taxpayer money I very much value the input she gives has included me and others, and I am over the next few years. to us because of her regular presence at proud to join him in seeking more ef- I urge my colleagues to support this our hearings and our meetings. So I fective measures. amendment. thank her for that as well as her com- This summer saw the highest volume Mr. MCCAIN. Will the Senator yield ments. of IED incidents ever recorded in Oper- for a question? I also thank her for this amendment. ation Enduring Freedom, approxi- Ms. AYOTTE. I will yield to the Sen- It is a good amendment. I understand mately 1,800 a month. That is a stag- ator. from my staff, and from what the Sen- gering and alarming number, and they Mr. MCCAIN. Is it correct that the ator said as well, there was a hearing continue. These devices are deadly and U.S. Air Force not only supports this held specifically on this subject, and devastating, killing and maiming our but considers it one of their very high that Senator REED, as chairman, made troops and causing loss of limbs, trau- priorities? a commitment to hold that hearing, as matic brain injury, posttraumatic Ms. AYOTTE. Yes, this is a very high I understand it. He is a cosponsor of stress, and other horrific injuries that priority of the Air Force, because in the amendment of Senator AYOTTE. As are the signature wounds of the ongo- this difficult time when they are mak- far as I can see, it is a good amend- ing wars. In fact, roadside bombs cause ing reductions, this is an area where ment, a sound amendment, and it does 60 percent of all casualties in Afghani- stan. They are the hidden killers in they can meet our national security what Senator MCCAIN said, as well as needs. Yet Congress has actually asked what the Senator from New Hampshire this war. I speak with the urgency of an elect- the Air Force to maintain more planes has said. It avoids spending money on ed official whose State citizens are at than it needs. So this is a common- something we can’t afford to spend sense provision that is very important risk and who are returning with these money on. signature wounds of war and whose to our Air Force. I don’t know of any objection on this lives and limbs can be preserved if we Mr. MCCAIN. In these times of very side, and I support the amendment. act effectively. I speak as a citizen who difficult budgetary decisions that are Ms. AYOTTE. I thank the Senator. has visited the hospitals and the troops having to be made, is it not true also The PRESIDING OFFICER. Is there who have come back. We have all vis- the President’s budget in 2011 had in- further debate on the amendment? ited our constituents and their fami- cluded a plan to retire 17 C–5As in 2011 The Senator from Arizona. lies, their loved ones, their friends and and 5 in 2012? Mr. MCCAIN. Is it true we are trying neighbors who have been victims of Ms. AYOTTE. Yes. Actually, this to clear the amendment on both sides amendment I am bringing forward is these terrible weapons of destruction. at the moment? Most IEDs in Afghanistan, in fact consistent with the administration’s Mr. LEVIN. I don’t know of an objec- more than 80 percent, are made with budget request they submitted for the tion on this side. As far as I am con- materials originating in Pakistan. Congress’s consideration. So this is a cerned, if there is no further debate, There is no magic bullet or panacea to situation where, after a careful hearing the Presiding Officer can put the ques- solving this problem or addressing the we had before a subcommittee of the tion. challenge. It will take a comprehensive Armed Services Committee, and after Mr. MCCAIN. I ask the Chair to put it fight. Both the provisions contained in the administration had submitted its to a vote. the Foreign Operations appropriations request, and after the Air Force asked The PRESIDING OFFICER. If there bill with regard to Pakistan and the for this, it makes complete sense that is no further debate, without objection, vital force protection equipment in the we would allow them to reduce this the amendment is agreed to. Defense authorization bill are essential strategic airlift capacity. The amendment (No. 1065) was agreed to shutting down the sources of bomb- Mr. MCCAIN. May I ask if any State to. making materials in Pakistan. They where these aircraft are presently sta- Ms. AYOTTE. I thank the chairman. include steps to interdict bomb-making tioned would lose that mission or Mr. LEVIN. Mr. President, I move to materials at the border and to provide whether the older C–5s would convert reconsider the vote. the armor and force protection against to new C–17s? Is that pretty much the Mr. MCCAIN. I move to lay that mo- the IED threat. conclusion the Senator would draw tion on the table. Roadside bombs in Afghanistan are from the Air Force plan? The motion to lay on the table was typically made with calcium ammo- Ms. AYOTTE. This is not going to be agreed to. nium nitrate, a very common fertilizer. a diminishment for States. This is just The PRESIDING OFFICER. Without It is a seemingly innocent product but going to be a right-sizing of the fleet. objection, it is so ordered. capable of detonation when processed What I am concerned about is if we The Senator from Connecticut. and packaged in these roadside bombs don’t pass amendments such as this, Mr. BLUMENTHAL. Mr. President, I and then placed in areas where our where the administration has asked for thank the chairman, Senator LEVIN, troops go. This fertilizer from Pakistan it, where all of the data supports that and the ranking member, Senator accounts for more than 80 percent of we don’t need to keep the level at 316, MCCAIN, for the immensely important the IEDs in Afghanistan. Every day and where we can save $1.2 billion by work they have done on the bill we are bags of this fertilizer are smuggled to doing it, how can we then ask our mili- considering, S. 1867, the National De- Afghanistan from Pakistan, sometimes tary to make significant reductions if fense Authorization Act. It is a mas- hidden in the convoys of goods that we don’t allow them to take such com- sively important bill, a big bill, and I cross the open 1,500-mile border. The monsense action such as this? want to focus on one part of it—a fertilizer pellets are boiled down and Mr. MCCAIN. I thank the Senator seemingly small section but a vitally the material is put in a package or con- from New Hampshire, and I hope we important provision of the bill—that tainer with an explosive detonator that can dispose of this amendment. I don’t enables our Department of Defense to is often linked to a simple trigger sys- know if a recorded vote would be re- more effectively counter improvised tem—something such as a tripwire bur- quired by any of the Members, but I explosive devices, known as IEDs, ied in the sand awaiting the tire of a hope we can voice vote it. which have been a major source of at- passing vehicle or the foot of an Amer- The PRESIDING OFFICER. The Sen- tacks against United States and coali- ican soldier on patrol. At this moment, ator from Michigan. tion forces in the wars of Iraq and Af- thousands of our soldiers and Marines Mr. LEVIN. Mr. President, first, let ghanistan and threaten not only our have been injured. Thousands of these me thank the Senator from New Hamp- troops there but all around the world bombs are buried in Afghanistan soil shire for not only her comments about as well as our coalition partners. and, sadly, many more will be planted the committee work and myself and I thank particularly one of my col- in the coming weeks and months. Senator MCCAIN personally, but I want leagues, Senator BOB CASEY, who has Again, my colleague from Pennsyl- to tell her, and tell anyone within the been a champion of these efforts vania, Senator CASEY, has been a lead- sound of my voice, what a valuable against the IEDs or roadside bombs for er in the Senate and, indeed, led a bi- member of our committee she is. She is some time. He has been a relentless partisan group of Senators, including

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7653 myself, in writing to the Secretary of deploy body armor and equipment, ghan-Pakistan border. This effort also State to request a greater diplomatic such as this bill does, that protects all requires training and awareness of both effort by our government to encourage our troops in harm’s way. We are all fa- our military personnel and our allies in Pakistan to stem the flow of bomb- miliar with the force protection devel- this fight. As of September 2011, the Af- making materials into Afghanistan. opment such as enhanced ceramic ghan border police had 20,852 personnel. Then, in August, we went on an official plates and redesigning vehicles with V- This growth is encouraging. trip, a CODEL, to take the message shaped hulls to deflect blast impact. But the border police have problems straight to the Government of Paki- These advances, make no mistake, with endemic corruption, and they are stan. We met with the most senior came at great expense in terms of effective only to the extent that our leaders of Pakistan and we urged blood and treasure to our Nation. We special forces augment this effort. Our stronger action against the misuse of learned how to properly equip our special forces, our special operators, everyday materials by terrorist groups troops in some respects for these meas- should be encouraged and enabled to in making the bombs that kill and ures. But even as the end of Operation continue this effort. Interdiction is an maim our troops in Afghanistan. We Enduring Freedom is now in sight, the integral part to larger efforts to under- took this message to officials of Paki- requirement to develop even better stand battles based in this region. stan at the highest level, and they re- protection continues and it must be re- Force alone can’t solve this problem. sponded with a plan that is supposedly lentless and tireless. We need better intelligence and the being implemented. We cannot abandon our efforts. We right detection equipment, combined The fact is, stronger measures are simply cannot abandon this fight to with the efforts of our special forces. It needed. We need a crackdown and a protect our troops in the field. The les- must be truly a comprehensive effort, shutdown on the bomb-making mate- sons learned will serve to honor our as the Defense authorization bill clear- rials, the fertilizer, and the calcium commitment to ensure that the brave ly recognizes. We need to show all who ammonium nitrate that is transported men and women who protect our free- live on both sides of this border that and smuggled across the border so that dom and protect our safety and secu- the cost of supplying the ingredients of it can be made into bombs and maim rity have the best protection we can these bombs that kill and maim our and kill troops from Connecticut and provide them. troops is too high for them, just as it is from across the country—troops who Enhanced ballistic armor, including too high for us to tolerate. are innocent victims—and the people of underwear protection—or blast box- Let me again thank chairman Sen- Pakistan and Afghanistan themselves ers—are essential to combatting the ator LEVIN and ranking member Sen- who have become victims. threat of roadside bombs. When an IED ator MCCAIN for their recognition of We saw firsthand how our troops seek detonates against dismounted troops, this problem. Our Nation has spent 1 to protect themselves from these IEDs. it blasts sand and fragments that shred more than $ ⁄2 trillion in support of the In fact, at a sand-swept compound in skin, literally tears apart the skin of war in Afghanistan. We have sustained Helmand Province in Afghanistan our our troops. Covering their legs and more than 2,800 coalition casualties. congressional delegation saw the most groin area with flexible armor can pre- An Afghanistan that is stable and self- common types of protective practices vent amputation of a limb or worse. sufficient certainly is our goal, and it and devices, including how our soldiers I have asked and been informed about depends upon the tactical success of and marines wear body armor, lie face delivery of this equipment. To date, these efforts. IEDs remain the weapon of choice of down in the dirt and drag a 10-foot pole 165,000 of the tier 1 sets of blast protec- our enemy. Should we not learn to suc- with a hook on the end on the ground tion have been delivered into theater. cessfully counter the threat of IEDs, to look for the telltale signs of an IED. The Marine Corps received 15,000 sets of we will see this asymmetrical threat Other measures range from the use of tier 2-level protection, delivered 4 days repeated on the battlefield, wherever dogs that sniff out bombs to huge ahead of schedule. By the middle of our troops are deployed around the armor vehicles and more advanced next month, the Army will also receive world. technology. But even with the most ef- its complete requirement of tier 2-level Given the enormity of this challenge, fective and advanced means of detec- sets. I urge my colleagues to remain com- This armor was adapted from one of tion and disarming bombs, body armor mitted to this goal, remain true to this our allies, British forces, and the Army is still essential to protecting our strategy, and counter these IEDs. We has now established domestic produc- troops. must authorize both our foreign oper- Pakistan’s plan to address the IED tion of the equipment. I am hopeful ations expenses and this bill and I smuggling supply chain, which is a that additional types of protection will thank my colleagues for their truly bi- threat to its own people as well as our also be processed and produced and partisan support of these efforts. soldiers and marines, has yet to prove sent and I hope it will be expeditiously. I yield the floor. effective. The plan addresses border se- When I learned of this lifesaving Mr. CARDIN. As to the floor privi- curity, regulation of fertilizer mate- equipment and the challenges involved leges, Mr. President, let me just com- rials, and promoting public awareness in delivery, I wrote to the Department ment how valuable these Navy fellows of the threat posed by these IEDs. But of Defense urging swift delivery of the are in our offices. I am very grateful we cannot rely on Pakistan’s goodwill body armor. I was joined by colleagues for LCDR Knisley’s service in my of- to ensure this important work is given Senators CASEY, BENNET, and fice, and I know Senator WICKER feels the priority it requires. WHITEHOUSE. I am hopeful this program the same. There can be no ambiguity, no doubt, will be an example of our body armor LCDR Shane Knisley will be leaving no uncertainty in our relationship with procurement system working effec- my office next month, and I wish to Pakistan, and that is why I support the tively. I am hopeful it will set an ex- thank him very much for the service he even stronger measures Senator CASEY ample and provide a model for this has provided in the Senate. has championed in a process he has body armor being provided expedi- UNANIMOUS CONSENT REQUEST—EXECUTIVE suggested that would withhold any as- tiously, as it is needed. I look forward CALENDAR sistance if verification cannot be ac- to our passing the Defense authoriza- Mr. CARDIN. Mr. President, in a mo- complished. The Pakistanis need to tion bill, which continues these efforts ment, I am going to be asking unani- prove with action, not mere plans or to supply body armor and equipment mous consent that the Senate take up conferences, that they are stemming needed for troops in Afghanistan. to confirm the nomination of Ken and stopping the flow of fertilizer. This bill provides also for the equip- Kopocis to be Assistant Administrator They need to prove more than good ment needed to interdict IEDs, from for the Office of Water for the Environ- will or good intentions but effective ac- the small backpacks carried by our mental Protection Agency. tion to stem and stop the flow of all of troops to UAVs to giant Buffalo vehi- Before I make that unanimous con- the bomb-making materials across the cles. Interdiction also requires the sent request, I wish to just take a mo- border. right specialized equipment to detect ment to say a few words about this We also must support efforts by the materials to make those IEDs as they nominee and the process that has Department of Defense to procure and are smuggled across the porous Af- taken place in Senate.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7654 CONGRESSIONAL RECORD — SENATE November 17, 2011 I have known Ken Kopocis since I The PRESIDING OFFICER. Objec- The bill before us is supportive of the was first elected to Congress in 1986 tion is heard. President’s shipbuilding budget request and have worked personally with him Mr. MCCAIN. Mr. President, I ask for and contributes to the continued vital- on a number of water-related issues. regular order. ity of our shipbuilding industrial base Ken has extensive background in water The PRESIDING OFFICER. The Sen- which is very important. At a time policy and legislative issues, having ator from Maryland has the floor. when we are concerned about job cre- worked at the Congress for 25 years. I Mr. CARDIN. Mr. President, I am ation, the last thing we want to do is worked with him first when I was in going to yield the floor in just a mo- let our industrial base be chipped the House of Representatives. I know ment. away. the Presiding Officer also, when he was Let me say to my friend from Wyo- The fiscal year 2012 shipbuilding in the House, remembers the good work ming, I am going to do my best to budget funds new construction for var- Ken did for the House of Representa- make sure the Senator gets all the in- ious types and classes of ships, includ- formation he needs. I wish to make tives. He has now worked, of course, in ing an aircraft carrier, amphibious sure every Senator has all the informa- the Senate. ships, submarines, and large and small He has played a role in crafting and tion they need. I think this is a very surface combatants, totaling more defending numerous pieces of environ- important position to be filled. Mr. than $15 billion. Kopocis has the qualifications and con- mental legislation, including the Clean From our discussions during the fidence. I wish to make sure that is Water Act. At a time when there are so Seapower Subcommittee meetings, it done as quickly as possible. I respect many controversial issues concerning has become abundantly clear that my colleague’s views, and I will work water issues in the Congress, I think it members are concerned about chal- to make sure he gets all the informa- is important we have someone at the lenges in maintaining fleet capacity tion he needs. among many classes of ships and the helm who has the confidence of Sen- I yield the floor. ators on both sides of the aisle. The PRESIDING OFFICER. The Sen- capability gaps that exist that have a I have the honor of chairing the Sub- ator from Arizona. real effect on the sailors who crew committee on Water and Wildlife in Mr. MCCAIN. Mr. President, it is my these ships. From amphibious ships to the Environment & Public Works Com- understanding that the Senator from aircraft carriers to destroyers and to mittee. Ken Kopocis enjoys the con- Colorado, Mr. UDALL, is coming over to submarines, our Navy must maintain fidence of all the members of our com- propose an amendment and I hope that an adequate balance among all classes mittee. will happen momentarily and I hope of ships to ensure our Navy can execute When his nomination was considered Members will be prepared with other these responsibilities. in the Environment & Public Works amendments that we can dispose of Through classified briefings we have Committee back in July—that is when this afternoon. received from senior officials in the we took it up—Ken was praised by both I yield the floor. Navy and in the intelligence commu- Republicans and Democrats alike. Most The PRESIDING OFFICER. The Sen- nity, the Seapower Subcommittee also of my colleagues have had the oppor- ator from Mississippi. is well aware of the imminent and tunity to work with him, and they are Mr. WICKER. Mr. President, I rise emerging threats facing our sea serv- enthusiastic about his credentials and this afternoon in support of the fiscal ices. America must maintain its capa- his levelheaded bipartisan approach to year 2012 national defense authoriza- bility to project power and uphold our every issue. tion bill. obligations to our friends and allies It is time the Senate take up this As ranking member on the Seapower throughout the world. This means ro- confirmation. It is the right thing to Subcommittee, I wish to thank both bust investment in seapower, and I am do. Chairman LEVIN and Ranking Member heartened that this bill contains such Mr. President, I ask unanimous con- MCCAIN for their leadership. It is some- an investment. sent that the Senate proceed to execu- what of an achievement in actually With the Deficit Reduction Commit- tive session to consider Calendar No. getting the bill to the floor at this tee’s recommendations due to Congress 403, that the nomination be confirmed time, and I appreciate their determina- in less than 1 week, I know all my col- with no intervening action or debate; tion. leagues agree that cutting our deficit that no further motions be in order to As we approach the Thanksgiving and reducing our national debt respon- the nomination; that any statements holiday next week, I would like to take sibly is a must. Failing to act will put related to the nomination be printed in a moment to honor the men and the burden on our children and grand- the RECORD; that the President be im- women of our Armed Forces. We are children. We must make tough deci- mediately notified of the Senate’s ac- grateful for their service, and our sions now on spending because our cur- tion and the Senate then resume legis- thoughts and prayers are with those rent track is unsustainable. lative session. now deployed at sea and ashore. My I hope the Deficit Reduction Com- The PRESIDING OFFICER. Is there own State of Mississippi is home to mittee is able to come to an agreement objection? many brave servicemembers. Their sac- on spending priorities because the al- The Senator from Wyoming. rifices are matched, of course, by those ternative is unacceptable cuts in na- Mr. BARRASSO. Mr. President, re- of their families who have supported tional defense. We must remember that serving the right to object. There are them day in and day out as they self- national defense is solely a Federal re- still questions that need to be an- lessly serve this country. sponsibility. Failure to reach con- swered and information that needs to As ranking member of the Seapower sensus would have grave consequences be provided by Mr. Kopocis. Subcommittee, I have had the pleasure for our military. Marine Corps Com- I am concerned about the depth of his of working with my friend Senator mandant GEN James Amos cautioned past involvement to change the scope REED of Rhode Island, who is chairman about such cuts earlier this week. of the Clean Water Act beyond congres- of that subcommittee. We both worked In conclusion, I believe the national sional intent. To me, this nominee still to ensure that this bill meets a wide defense authorization bill reaffirms our needs to explain his views on public range of procurement, sustainment and commitment to national security and and stakeholder input on regulations research and development needs for the to our men and women in uniform. he would be in charge of and explain Navy and the Marine Corps. I urge my colleagues to act quickly his understanding—his understanding— Our deliberations were informed by, on this important piece of legislation, of the role of Congress versus the role among other things, a series of hear- and once again I thank and commend of the Environmental Protection Agen- ings we held that addressed force struc- my friends, Chairman LEVIN and Rank- cy in terms of who makes the laws in ture and modernization for the Depart- ing Member MCCAIN. this country. ment of the Navy. This process has re- I yield the floor. Until those issues are clarified, I do sulted in a bill that contains provisions Mr. President, I suggest the absence not believe it is appropriate for this which will deliver important capabili- of a quorum. nominee to move forward. ties and support our sailors and ma- The PRESIDING OFFICER. The Therefore, I object. rines. clerk will call the roll.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7655 The legislative clerk proceeded to and unwarranted restrictions on our tion for my colleagues who propose call the roll. ability to aggressively combat inter- them, but I think we need to take some Mr. UDALL of Colorado. Mr. Presi- national terrorism. In so doing, they more time to consider the ramifica- dent, I ask unanimous consent the inject legal uncertainty and ambiguity tions. The United States, our country, order for the quorum call be rescinded. that may only complicate the mili- can currently choose from several op- The PRESIDING OFFICER. Without tary’s operations and detention prac- tions when prosecuting terrorists. That objection, it is so ordered. tices. flexibility has allowed us to try, con- Mr. UDALL of Colorado. Mr. Presi- I am not the only one who has seri- vict, and imprison hundreds of terror- dent, I come to the floor to comment ous concerns. The Secretary of Defense ists, and it allows the government to on the NDAA, the bill in front of us has urged us to oppose these new provi- select the venue that will provide the today. I want to start my remarks by sions. Both chairmen of the Intel- highest likelihood of obtaining a con- acknowledging the leadership of Chair- ligence and Judiciary Committees viction. The current detention provi- man LEVIN and Ranking Member strongly oppose them. The President’s sions in the bill we are debating would MCCAIN. Under their tutelage and lead- team is recommending a veto. These strip away that flexibility and poten- ership the committee has worked tire- are people whose opinions should be tially impair our capacity to success- lessly to craft a Defense Authorization carefully considered before we put fully prosecute and convict terrorists. Act that provides our Armed Forces these new proposals into our legal It is not clear to me why, after 10 years with the equipment, the services, the framework. of successfully prosecuting terrorists training, and the overall support they In the Statement of Administration and preventing another 9/11-like at- need to keep us safe while they them- Policy the White House states: tack, why we would want to limit our selves are being protected. I thank the We have spent 10 years since September 11, options while our enemies are con- chairman and ranking member, my 2001, breaking down the walls between intel- stantly adapting their tactics and ex- colleagues, and, most important, the ligence, military and law enforcement pro- panding their efforts to do us harm. wonderful staff that works for us for fessionals; Congress should not now rebuild In a recent op-ed in the Chicago their diligence and dedication to this those walls and unnecessarily make the job Times, a bipartisan group of three important work. of preventing terrorist attacks more dif- former Federal judges, including Wil- I also come to the floor to speak out ficult. liam S. Sessions, who was also the ap- against a proposed change that I think Those are striking words that should pointed Director of the FBI under would alter what has been a very effec- give us all pause as we face what seems President Reagan, said it best when de- tive set of terrorist detention policies to me a bit of a rush to submit these scribing these provisions: and procedures. I believe to make those untested and legally controversial re- Legislation now making its way through changes would complicate our capacity strictions on our ability to prosecute Congress would seek to over-militarize to prosecute the war on terror and call terrorists. America’s counterterrorism efforts, effec- into question the principles we as I ask unanimous consent to have the tively making the U.S. military the judge, Americans hold dear. entire Statement of Administration jury and jailer of terrorism suspects to the I filed an amendment, No. 1107, that Policy printed in the RECORD at the exclusion of the FBI and local and State law conclusion of my remarks. enforcement agencies. As former Federal would take a look at what is proposed judges, we find this prospect deeply dis- in the NDAA. We have a solemn obliga- The PRESIDING OFFICER. Without turbing. Not only would such an effort ig- tion to pass the National Defense Au- objection, it is so ordered. nore 200 years of legal precedent, it would fly thorization Act. But we also have a sol- (See exhibit 1.) in the face of common sense. emn obligation to make sure those who Mr. UDALL of Colorado. Mr. Presi- And I ask unanimous consent that are fighting the war on terror have the dent, these are complex issues that op-ed be printed in the RECORD at the best, most flexible, most powerful tools have far-reaching consequences for in- conclusion of my remarks. possible. I have to say again, and I will telligence, civilian law enforcement The PRESIDING OFFICER. Without say it more than two times in my re- agencies, and our intelligence commu- objection, it is so ordered. marks, I am worried these changes we nity as they work to keep Americans (See exhibit 3.) are about to push through would actu- safe from harm. Despite this fact, the Mr. UDALL of Colorado. I also point ally hurt our national security. Department of Defense and the na- out these provisions raise serious ques- I am a proud member of the Senate tional security staff, as far as I know, tions as to who we are as a society and Armed Services Committee. As I have had little opportunity to review or what our Constitution seeks to protect. implied, and I want to be explicit, I un- comment on the final language in the One section of these provisions, section derstand the importance of this bill. I provisions. As a result, these provi- 1031, could be interpreted as allowing understand what it does for our mili- sions restrained the ‘‘Executive the military to capture and indefi- tary, which is why, in sum, what I am Branch’s options to utilize, in a swift nitely detain American citizens on U.S. going to propose with my amendment and flexible fashion, all the counterter- soil. Section 1031 essentially repeals is that we pass the NDAA without rorism tools that are now legally avail- the Posse Comitatus Act of 1878 by au- these troubling provisions but with a able.’’ thorizing the military to perform law mechanism by which we can consider That quote comes directly from a let- enforcement functions on American what is proposed and perhaps at a later ter addressed to the Armed Services soil. That alone should alarm my col- date include any applicable changes in Committee from Secretary Panetta. I leagues on both sides of the aisle. But the law. think we all know that before he held there are other problems with these We need to hear from the Depart- the job he has now, Secretary of De- provisions that must be resolved. ment of Defense, our intelligence com- fense, Mr. Panetta, was the Director of These detainee provisions are unnec- munity, and the administration more the CIA. He very well knows the essary, counterproductive, and poten- broadly on what our men and women in threats facing our country, and he tially harmful to our counterterrorism the field actually need to effectively knows we cannot afford to make mis- efforts. I know I have said this a couple prosecute the war on terror, especially takes when it comes to keeping our of times already, but it feels as though before we change detainee policies that citizens safe. they are being rushed through in a are already working. As I am saying, I I also ask unanimous consent that manner that does not serve us well. have serious concerns about the de- Secretary Panetta’s letter be printed The Department of Defense has had lit- tainee provisions that have been in- in the RECORD at the conclusion of my tle input. There have been no hearings. cluded in the bill. remarks. Earlier this week the changes were pre- In my opinion, and in the opinion of The PRESIDING OFFICER. Without sented to us in the Armed Services many others—and I will share those objection, it is so ordered. Committee just hours before we were opinions and insights with my col- (See exhibit 2.) asked to vote on them. These are just leagues—these provisions disrupt the Mr. UDALL of Colorado. Mr. Presi- too important a set of questions to let capacity of the executive branch to en- dent, the provisions I am speaking to them pass without a thorough review force the law, and they impose unwise are well intended. I have much admira- and far greater understanding of their

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7656 CONGRESSIONAL RECORD — SENATE November 17, 2011 effect on our national security and our amendment would require that our De- Mr. MCCAIN. Will the Senator state fight against terrorism. It feels to this fense, intelligence, and law enforce- his question. Senator that we are rushing hastily to ment agencies report to Congress with Mr. DURBIN. I am going to. I would address a solution in search of a prob- recommendations for any additional say to the Senator from Arizona, I lem. We ought to hear from the Depart- authorities or flexibility they need in think it is important we take some ment of Defense, the intelligence com- order to detain and prosecute terror- time on this important issue. munity, our colleagues, and other rel- ists. In other words, let’s not put the Mr. MCCAIN. I would say it is impor- evant committees before we act. Do we cart before the horse or fix something tant that all voices be heard. believe this Congress—again, let me that is not broken. Let’s first hear Mr. DURBIN. Senator MCCAIN, of underline that after 10 years of success- from the stakeholders as to what laws course, as the ranking member, will fully prosecuting the war on terror— they believe need to be changed to give have ample opportunity to express his should substitute its views for that of them better tools to do their job. point of view. our Defense, intelligence, and Home- My amendment then asks for hear- What I am asking the Senator from land Security leadership without care- ings to be held so we can fully under- Colorado is this: Taking into consider- ful analysis? stand the views of respected national ation the language that is now being I recently received a letter signed by security experts. Moreover, it would re- presented in this Defense authorization 18 retired military leaders in opposi- quire input from each of the relevant bill, particularly section 1032, it is my tion to these provisions. The letter committees to ensure that we have understanding the Federal Bureau of states that: ‘‘Mandating military cus- carefully considered the benefits and Investigation could not have continued tody would undermine legitimate law consequences of our actions. The chair- their interrogation of this suspected enforcement and intelligence oper- men of our Judiciary and Intelligence terrorist without first contacting our ations crucial to our security at home Committees have deep concerns about military and bringing them in to deter- and abroad.’’ I could not agree more. the detainee provisions in the pending mine whether they had jurisdiction I would ask unanimous consent that legislation. And, of course, as we un- over this matter. In other words, time this letter be printed in the RECORD at derwent this process, the existing laws would have been lost, opportunities the conclusion of my remarks. that guide our actions today would re- would have been lost, information The PRESIDING OFFICER. Without main in place. They have been success- might have been lost by following the objection, it is so ordered. ful. new section in the bill. (See exhibit 4.) I see some of my colleagues who I I am asking the Senator from Colo- Mr. UDALL of Colorado. We are al- think share my views who have come rado if this is a decision which he be- ready trying and convicting terrorists to the floor. They also made the com- lieves we should make in the haste of a in both civilian courts and under mili- Defense authorization bill or ought to tary commissions. The provisions that pelling case that it is a system that is working. Why would we change it with- step back and work with the President are in this bill would require the DOD of the United States, the FBI, the mili- to shift significant resources away out thinking it through? It is straight- tary, and our intelligence forces to from their mission, to act on all the forward, it is common sense, and it al- make sure we do not lose an oppor- fronts all over the world, and they lows us to make sure we will win the tunity to catch an alleged terrorist, to would become a police force and jailer. war on terror. interrogate them, and to keep this This is not what they are good at. This Mr. DURBIN. Will the Senator from country safe. is not what we want them to do. I Colorado yield for a question, through Mr. UDALL of Colorado. I thank the think it has potentially dangerous con- the Chair? Mr. UDALL of Colorado. Yes. Senator from Illinois for his question. sequences because we have limited re- Mr. DURBIN. I thank the Senator My understanding is the Senator from sources and limited manpower. We from Colorado for his strong statement Illinois is correct, that provision 1032 would not lose anything by taking a and totally support his position. This would change the way in which interro- little bit more time to discuss and de- change in the Defense authorization gations would unfold. There may be bate these provisions, but we could do bill goes beyond a military decision. It some in the Senate who would see it real harm to our national security by goes to the fundamental questions of differently, but that is all the more allowing this language, unscrutinized, principles of our Constitution and our to pass, and that is exactly what our reason to adopt my amendment, which body of law. As a member of the Senate highest ranking national security offi- would allow a thorough process of cers are warning us against doing. Judiciary Committee, I believe this hearing from the very experts who in- This is a debate we need to have. It is matter should have been considered as terrogated the Underwear Bomber and a healthy debate, but we ought to be well by the Senate Judiciary Com- other experts who have been on the armed with all of the facts and exper- mittee, and I believe Senator FEIN- front lines in fighting terrorism. We tise before we move forward. The least STEIN has expressed the feeling that it ought to go slow. We should not fix we can do is take our time, be diligent, should have been considered as well by something that is working fine right and hear from those who will be af- the Senate Intelligence Committee. now. fected by these new limitations on our I wish to use one example to ask the I thank the Senator for his question. ability to prosecute terrorists. Senator from Colorado a question. Mr. DURBIN. If the Senator from Ar- It concerns me that we would tell our When we had the so-called Underwear izona will forgive me, I would ask one national security leadership—a bipar- Bomber, the passenger on a commer- more question through the Chair. The tisan national security leadership, by cial aircraft who tried to detonate a question goes back to the point the the way—that we would not listen to bomb—and thank God was unsuccess- Senator made: Section 1031, as I under- them and that Congress knows better ful—he was subdued, arrested, and in- stand it, would be a departure from than they do. It doesn’t strike me that terrogated by the Federal Bureau of In- current law and would say that those that is the best way to secure and pro- vestigation in Detroit. After that in- who are American citizens can be de- tect the American people. That is why vestigation was underway—and he sur- tained indefinitely if they are sus- I have filed amendment No. 1107. I rendered some information—he stopped pected of certain terrorist conduct. I think it is a commonsense alternative talking, at which point the FBI inves- ask the Senator from Colorado: Is that that will protect our constitutional tigators read him his Miranda rights. the point the Senator made in his principles and beliefs while also allow- Then later, working with his parents, statement? ing us to keep our Nation safe. The he resumed talking to the investiga- Mr. UDALL of Colorado. The Senator amendment has a clear aim, which is tors and literally—according to the from Illinois is correct. Mr. President, to ensure we follow a thorough process FBI—gave a dramatic amount of infor- 1031 would do just that, and it would and hear all views before rushing for- mation helpful to us in keeping Amer- come directly at a piece of law, posse ward with new laws that could be ica safe and stopping terrorism. He was comitatus, which dates back to the harmful to our national security. then prosecuted in the criminal courts Civil War, that is held dear by all of us What is in the amendment? It is of America, article 3 courts, and ulti- in America because it distinguishes be- straightforward. Specifically the mately, weeks ago, pled guilty. tween the military used to protect us

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7657 against foreign foes and how we man- language in the last 48 hours, I have no I yield the floor. age our own civil affairs here at home. question about his intent, but I have EXHIBIT 1 Also, as the Senator alludes to, it heard from people with much greater EXECUTIVE OFFICE OF THE PRESI- causes questions to be raised about expertise than I have that there are DENT, OFFICE OF MANAGEMENT something that is very sacred in our questions that are still unanswered. AND BUDGET, system of law, which is the writ of ha- Maybe this provision is appropriate Washington, DC, November 17, 2011. beas corpus. You have to prove why and will do what the chairman says it STATEMENT OF ADMINISTRATION POLICY you hold someone. You cannot detain will do. But, again, that is why I think S. 1867—NATIONAL DEFENSE AUTHORIZATION ACT an American citizen indefinitely in any it would be well worth our time to take FOR FY 2012—(SEN. LEVIN, D–MI) other circumstance. a further look at what is involved in The Administration supports Senate pas- I thank the Senator for his questions. these provisions. sage of S. 1867, the National Defense Author- Mr. LEVIN. Would the Senator yield Mr. LEVIN. I do appreciate the Sen- ization Act for Fiscal Year (FY) 2012. The for a question? ator’s response. I have one other ques- Administration appreciates the Senate Mr. UDALL of Colorado. I would be tion, and that has to do with an Amer- Armed Services Committee’s continued sup- happy to yield for a question. ican citizen who is captured in the port of our national defense, including its Mr. LEVIN. We explicitly wrote into support for both the base budget and for United States and the application of overseas contingency operations and for this bill the following language: that the custody pending a Presidential most of the Administration’s initiatives to the procedures providing for the deter- waiver to such a person. I wonder control spiraling health costs of the Depart- mination that somebody is an Al-Qaida whether the Senator is familiar with ment of Defense (DoD). terrorist or related, affiliated one is the fact that the language which pre- The Administration appreciates the sup- not required to be implemented until cluded the application of section 1031 port of the Committee for authorities that after the conclusion of the interroga- to American citizens was in the bill we assist the ability of the warfighter to oper- tion session, which is ongoing at the originally approved in the Armed Serv- ate in unconventional and irregular warfare, authorities that are important to field com- time the determination is made. ices Committee, and the administra- Is the Senator familiar with that lan- manders, such as the Commanders’ Emer- tion asked us to remove the language gency Response Program, Global Train and guage which explicitly says that the which says that U.S. citizens and law- Equip Authority, and other programs that President will adopt the procedures— ful residents would not be subject to provide commanders with the resources and whatever procedures the President de- this section. flexibility to counter unconventional threats termines—to make sure there is no in- Is the Senator familiar with the fact or support contingency or stability oper- terference with an ongoing interroga- that it was the administration which ations. The Administration looks forward to tion by the civilians as it appears in asked us to remove the very language reviewing a classified annex and working with the Congress to address any concerns on section 2(c) on page 363? Is the Senator which we had in the bill which passed familiar with that? classified programs as the legislative process the committee, and that we removed it moves forward. Mr. UDALL of Colorado. I am famil- at the request of the administration While there are many areas of agreement iar with the language in the general that this determination would not with the Committee, the Administration way it has been introduced. I would say apply to U.S. citizens and lawful resi- would have serious concerns with provisions to the chairman of the Armed Services dents? Is the Senator familiar with the that would: (1) constrain the ability of the Committee that we had a chance to re- fact that it was the administration Armed Forces to carry out their missions; (2) view this language starting about 48 which asked us to remove the very lan- impede the Secretary of Defense’s ability to make and implement decisions that elimi- hours ago. guage, the absence of which is now ob- One of the reasons I think my amend- nate unnecessary overhead or programs to jected to by the Senator from Illinois? ensure scarce resources are directed to the ment is important is it would give Mr. UDALL of Colorado. I am famil- highest priorities for the warfighter; or (3) those voices, which are being heard iar now because the Senator from depart from the decisions reflected in the more and more as of today, who have Michigan has shared that fact with me. President’s FY 2012 Budget Request. The Ad- concerns with this provision—they are I am also familiar with the fact that ministration looks forward to working with not sure how it applies—that that is all the administration has other questions the Congress to address these and other con- the more reason to slow this down, to and concerns which has caused it to cerns, a number of which are outlined in more detail below. keep the existing law in place, and go issue a set of provisions and issues they through a more thorough process to Detainee Matters: The Administration ob- wish to further consider. jects to and has serious legal and policy con- understand the ramifications of the Mr. LEVIN. I thank my friend. cerns about many of the detainee provisions waiver provision and the other provi- Mr. LEAHY. Would the Senator yield in the bill. In their current form, some of sions the chairman and ranking mem- for a question? these provisions disrupt the Executive ber—— Mr. UDALL of Colorado. I would be branch’s ability to enforce the law and im- Mr. LEVIN. Is it not true, however, happy to yield to my friend from pose unwise and unwarranted restrictions on that the language which is in this bill Vermont. the U.S. Government’s ability to aggres- that I just read clearly provides there Mr. LEAHY. Is the Senator from Col- sively combat international terrorism; other will not be any interference with an in- orado aware that the administration provisions inject legal uncertainty and ambi- guity that may only complicate the mili- terrogation session, that those proce- has raised real concerns—both DOD tary’s operations and detention practices. dures are to be determined by the and the White House—saying that re- Section 1,031 attempts to expressly codify President, and that it explicitly says quiring the President to devise the the detention authority that exists under there will not be any interference with kind of procedures discussed in this bill the Authorization for Use of Military Force the interrogation and the procedures creates all kinds of problems, and that (Public Law 107–40) (the ‘‘AUMF’’). The au- will guarantee there will not be? That this is one of the reasons why both the thorities granted by the AUMF, including is the point of this language. Senate Intelligence Committee and the the detention authority, are essential to our I don’t understand how the statement Senate Judiciary Committee have ability to protect the American people from could be made that this language in the threat posed by al-Qa’ida and its associ- asked to have the opportunity to hold ated forces, and have enabled us to confront this bill interferes with the interroga- hearings on a section that obviously the full range of threats this country faces tion by civilian authorities and the involves the jurisdiction of both the from those organizations and individuals. FBI when the very language here says Senate Intelligence and Senate Judici- Because the authorities codified in this sec- they will not interfere with that inter- ary Committees? tion already exist, the Administration does rogation. I wonder if the Senator could Mr. UDALL of Colorado. I am. The not believe codification is necessary and explain to me his agreement with the Senator from Vermont is correct. That poses some risk. After a decade of settled ju- Senator from Illinois that something knowledge on my part is, in part, one risprudence on detention authority, Congress in this bill would result in an inter- must be careful not to open a whole new se- of the reasons I filed the amendment ries of legal questions that will distract from ference with an interrogation. we are discussing right now. our efforts to protect the country. While the Mr. UDALL of Colorado. What I Mr. LEAHY. I thank the Senator. current language minimizes many of those would say to my friend is that just hav- Mr. UDALL of Colorado. I thank the risks, future legislative action must ensure ing had an opportunity to review this Senator from Vermont. that the codification in statute of express

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7658 CONGRESSIONAL RECORD — SENATE November 17, 2011 military detention authority does not carry tary’s ability to transfer its detainees as ciates the support of the Committee to im- unintended consequences that could com- operational needs dictate. Section 1035 con- prove capabilities of other nations to support promise our ability to protect the American flicts with the consensus-based interagency counterterrorism efforts and other U.S. in- people. approach to detainee reviews required under terests, and urges the inclusion of DoD’s re- The Administration strongly objects to the Executive Order No. 13567, which establishes quested proposals, which balance U.S. na- military custody provision of section 1032, procedures to ensure that periodic review de- tional security and broader foreign policy in- which would appear to mandate military cisions are informed by the most comprehen- terests. The Administration would prefer custody for a certain class of terrorism sus- sive information and the considered views of only an annual extension of the support to pects. This unnecessary, untested, and le- all relevant agencies. Section 1036, in addi- foreign nation counter-drug activities au- gally controversial restriction of the Presi- tion to imposing onerous requirements, con- thority in line with its request. While the in- dent’s authority to defend the Nation from flicts with procedures for detainee reviews in clusion of section 1207 (Global Security Con- terrorist threats would tie the hands of our the field that have been developed based on tingency Fund) is welcome, several provi- intelligence and law enforcement profes- many years of experience by military offi- sions may affect Executive branch agility in sionals. Moreover, applying this military cers and the Department of Defense. In the implementation of this authority. Sec- custody requirement to individuals inside short, the matters addressed in these provi- tion 1204 (relating to Yemen) would require a the United States, as some Members of Con- sions are already well regulated by existing 60–day notify and wait period not only for gress have suggested is their intention, procedures and have traditionally been left Yemen, but for all other countries as well, would raise serious and unsettled legal ques- to the discretion of the Executive branch. which would impose an excessive delay and tions and would be inconsistent with the fun- Broadly speaking, the detention provisions seriously impede the Executive branch’s damental American principle that our mili- in this bill micromanage the work of our ex- ability to respond to emerging requirements. tary does not patrol our streets. We have perienced counterterrorism professionals, in- Unrequested Authorization Increases: Al- spent ten years since September 11, 2001, cluding our military commanders, intel- though not the only examples in S. 1867, the breaking down the walls between intel- ligence professionals, seasoned counterter- Administration notes and objects to the ad- ligence, military, and law enforcement pro- rorism prosecutors, or other operatives in dition of $240 million and $200 million, re- fessionals; Congress should not now rebuild the field. These professionals have success- spectively, in unrequested authorization for those walls and unnecessarily make the job fully led a Government-wide effort to dis- unneeded upgrades to M–1 Abrams tanks and of preventing terrorist attacks more dif- rupt, dismantle, and defeat al-Qa’ida and its Rapid Innovation Program research and de- ficult. Specifically, the provision would limit affiliates and adherents over two consecutive velopment in this fiscally constrained envi- the flexibility of our national security pro- Administrations. The Administration be- ronment. The Administration believes the fessionals to choose, based on the evidence lieves strongly that it would be a mistake amounts appropriated in FY 2011 and re- and the facts and circumstances of each case, for Congress to overrule or limit the tactical quested in FY 2012 fully fund DoD’s require- which tool for incapacitating dangerous ter- flexibility of our Nation’s counterterrorism ments in these areas. rorists best serves our national security in- professionals. Advance Appropriations for Acquisition: terests. The waiver provision fails to address Any bill that challenges or constrains the The Administration objects to section 131, these concerns, particularly in time-sen- President’s critical authorities to collect in- which would provide only incremental fund- sitive operations in which law enforcement telligence, incapacitate dangerous terrorists, ing—undermining stability and cost dis- personnel have traditionally played the lead- and protect the Nation would prompt the cipline—rather than the advance appropria- ing role. These problems are all the more President’s senior advisers to recommend a tions that the Administration requested for acute because the section defines the cat- veto. the procurement of Advanced Extremely egory of individuals who would be subject to Joint Strike Fighter Aircraft (JSF): The High Frequency satellites and certain classi- mandatory military custody by substituting Administration also appreciates the Com- fied programs. new and untested legislative criteria for the mittee’s inclusion in the bill of a prohibition criteria the Executive and Judicial branches on using funds authorized by S. 1867 to be Authority to Extend Deadline for Comple- are currently using for detention under the used for the development of the F136 JSF al- tion of a Limited Number of Base Closure AUMF in both habeas litigation and military ternate engine. As the Administration has and Realignment (BRAC) Recommendations: operations. Such confusion threatens our stated, continued development of the F136 The Administration requests inclusion of its ability to act swiftly and decisively to cap- engine is an unnecessary diversion of scarce proposed authority for the Secretary or Dep- ture, detain, and interrogate terrorism sus- resources. uty Secretary of Defense to extend the 2005 pects, and could disrupt the collection of Medium Extended Air Defense Systems BRAC implementation deadline for up to ten vital intelligence about threats to the Amer- (MEADS): The Administration appreciates (10) recommendations for a period of no more ican people. the Committee’s support for the Depart- than one year in order to ensure no disrup- Rather than fix the fundamental defects of ment’s air and missile defense programs; tion to the full and complete implementa- section 1032 or remove it entirely, as the Ad- however, it strongly objects to the lack of tion of each of these recommendations, as ministration and the chairs of several con- authorization of appropriations for contin- well as continuity of operations. Section 2904 gressional committees with jurisdiction over ued development of the MEADS program. of the Defense Base Closure and Realignment these matters have advocated, the revised This lack of authorization could trigger uni- Act imposes on DoD a legal obligation to text merely directs the President to develop lateral withdrawal by the United States close and realign all installations so rec- procedures to ensure the myriad problems from the MEADS Memorandum of Under- ommended by the BRAC Commission to the that would result from such a requirement standing (MOU) with Germany and Italy, President and to complete all such closures do not come to fruition. Requiring the Presi- which could further lead to a DoD obligation and realignments no later than September dent to devise such procedures concedes the to pay all contract costs—a scenario that 15, 2011. DoD has a handful of recommenda- substantial risks created by mandating mili- would likely exceed the cost of satisfying tions with schedules that complete imple- tary custody, without providing an adequate DoD’s commitment under the MOU. Further, mentation close to the statutory deadline. solution. As a result, it is likely that imple- this lack of authorization could also call TRICARE Providers: The Administration menting such procedures would inject sig- into question DoD’s ability to honor its fi- is currently undertaking a review with rel- nificant confusion into counterterrorism op- nancial commitments in other binding coop- evant agencies, including the Departments of erations. erative MOUs and have adverse consequences Defense, Labor, and Justice, to clarify the The certification and waiver, required by for other international cooperative pro- responsibility of health care providers under section 1033 before a detainee may be trans- grams. civil and workers’ rights laws. The Adminis- ferred from Guanta´ namo Bay to a foreign Overseas Construction Funding for Guam tration therefore objects to section 702, country, continue to hinder the Executive and Bahrain: The Administration has serious which categorically excludes TRICARE net- branch’s ability to exercise its military, na- concerns with the limitation on execution of work providers from being considered sub- tional security, and foreign relations activi- the United States and Government of Japan contractors for purposes of the Federal Ac- ties. While these provisions may be intended funds to implement the realignment of quisition Regulation or any other law. to be somewhat less restrictive than the United States Marine Forces from Okinawa Troops to Teachers Program: The Adminis- analogous provisions in current law, they to Guam. The bill would unnecessarily re- tration urges the Senate’s support for the continue to pose unnecessary obstacles, ef- strict the ability and flexibility of the Presi- transfer of the Troops to Teachers Program fectively blocking transfers that would ad- dent to execute our foreign and defense poli- to DoD in FY 2012, as reflected in the Presi- vance our national security interests, and cies with our ally, Japan. The Administra- dent’s Budget and DoD’s legislative proposal would, in certain circumstances, violate con- tion also has concerns over the lack of au- to amend the Elementary and Secondary stitutional separation of powers principles. thorization of appropriations for military Education Act of 1965 and Title 10 of the U.S. The Executive branch must have the flexi- construction projects in Guam and Bahrain. Code in lieu of section 1048. The move to De- bility to act swiftly in conducting negotia- Deferring or eliminating these projects could fense will help ensure that this important tions with foreign countries regarding the send the unintended message that the United program supporting members of the military circumstances of detainee transfers. Section States does not stand by its allies or its as teachers is retained and provide better 1034’s ban on the use of funds to construct or agreements. oversight of 6 program outcomes by simpli- modify a detention facility in the United Provisions Authorizing Activities with fying and streamlining program manage- States is an unwise intrusion on the mili- Partner Nations: The Administration appre- ment. The Administration looks forward to

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7659 keeping the Congress abreast of this trans- little impact if Congress simply continues to on a local and state level, and invite the fer, to ensure it runs smoothly and has no insert these restrictions into legislation on military to act as law enforcement within adverse impact on program enrollees. an annual basis without ever revisiting the the borders of our states. Constitutional concerns: A number of the substance of the legislation. As national se- In the face of these disturbing develop- bill’s provisions raise additional constitu- curity officials in this Department and else- ments, we are encouraged by the fact that tional concerns, such as sections 233 and 1241, where have explained, transfer restrictions the administration has expressed its own which could intrude on the President’s con- such as those outlined in section 1033 are concerns. The Obama White House has raised stitutional authority to maintain the con- largely unworkable and pose unnecessary ob- strong objections to congressional efforts to fidentiality of sensitive diplomatic commu- stacles to transfers that would advance our undermine the use of our traditional crimi- nications. The Administration looks forward national security interests. nal justice system, efforts that would effec- to working with the Congress to address Section 1035. Finally, section 1035 shifts to tively eliminate the administration’s ability these and other concerns. the Department of Defense responsibility for to leverage ‘‘the strength and flexibility’’ of EXHIBIT 2 what has previously been a consensus-driven the system to ‘‘incapacitate dangerous ter- interagency process that was informed by THE SECRETARY OF DEFENSE, rorists and gather critical intelligence.’’ In Washington, DC, November 15, 2011. the advice and views of counterterrorism previous statements, President Barack professionals from across the Government. Hon. CARL LEVIN, Obama said he intends to oppose any at- Chairman, Committee on Armed Services, We see no compelling reason—and certainly tempt to extend or expand such restrictions U.S. Senate, Washington, DC. none has been expressed in our discussions to in the future. We submit to the president date—to upset a collaborative, interagency DEAR MR. CHAIRMAN: I write to express the that the future is now. Department of Defense’s principal concerns approach that has served our national secu- rity so well over the past few years. We firmly believe the United States can with the latest version of detainee-related preserve its national security without re- language you are considering including in I hope we can reach agreement on these important national security issues, and, as sorting to sweeping departures from our con- the National Defense Authorization Act stitutional tradition. We call on Obama and (NDAA) for Fiscal Year 2012. We understand always, my staff is available to work with the Committee on these and other matters. Congress to support a policy for detention the Senate Armed Services Committee is and trial of suspected terrorists that is con- planning to consider this language later Sincerely, JOHN MCCAIN. sistent with our Constitution and maintains today. the use of our traditional criminal justice EXHIBIT 3 We greatly appreciate your willingness to system to combat terrorism. Further re- listen to the concerns expressed by our na- [From the Chicago Tribune, Oct. 7, 2011] stricting the tools at our disposal is not in tional security professionals on the version BEYOND GUANTANAMO the best interest of our national security. of the NDAA bill reported by the Senate Armed Services Committee in June. I am (By Abner Mikva, William S. Sessions and EXHIBIT 4 John J. Gibbons) convinced we all want the same result—flexi- NOVEMBER 7, 2011. bility for our national security professionals A new shift in philosophy has begun to DEAR SENATOR: We write today to thank in the field to detain, interrogate, and pros- emerge among lawmakers in Washington. you for signing on to the October 21, 2011 let- ecute suspected terrorists. The Department Legislation now making its way through ter to Senator Reid regarding detainee provi- has substantial concerns, however, about the Congress would seek to overmilitarize Amer- sions 1031–1033 in the National Defense Au- revised text, which my staff has just received ica’s counterterrorism efforts, effectively thorization Act. We are members of a non- within the last few hours. making the U.S. military the judge, jury and partisan group of forty retired generals and Section 1032. We recognize your efforts to jailer of terrorism suspects, to the exclusion admirals concerned about the implications address some of our objections to section of the FBI and local and state law enforce- of U.S. policy regarding enemy prisoner 1032. However, it continues to be the case ment agencies. As former federal judges, we treatment and detention. We have been fol- that any advantages to the Department of find this prospect deeply disturbing. Not lowing the public debate concerning the pro- Defense in particular and our national secu- only would such an effort ignore 200 years of visions closely and are troubled by the over- rity in general in section 1032 of requiring legal precedent, it would fly in the face of reaching nature of the legislation that would that certain individuals be held by the mili- common sense. allow for indefinite detention without trial, tary are, at best, unclear. This provision re- The bill in question, the 2012 National De- mandatory military custody of counterter- strains the Executive Branch’s options to fense Authorization Act, would codify meth- rorism suspects and permanent transfer re- utilize, in a swift and flexible fashion, all the ods such as indefinite detention without strictions imposed on inmates already at counterterrorism tools that are now legally charge and mandatory military detention, GTMO, some of whom have been cleared for available. and make them applicable to virtually any- Moreover, the failure of the revised text to one picked up in anti-terrorism efforts—in- release. clarify that section 1032 applies to individ- cluding U.S. citizens—anywhere in the We understand there has been significant uals captured abroad, as we have urged, may world, including on U.S. soil. Such an effort disagreement about the provisions and ex- needlessly complicate efforts by frontline to restrict counterterrorism efforts by tradi- actly what their impact on national security law enforcement professionals to collect tional law enforcement agencies would sadly would be; however, the fact that such dis- critical intelligence concerning operations demonstrate that many members of Congress agreement exists underscores that further and activities within the United States. have very little faith in America’s criminal public debate is needed and the provisions Next, the revised language adds a new justice system. should not go forward as a part of the NDAA. qualifier to ‘‘associated force’’—‘‘that acts in It is a fact that our criminal justice sys- Regardless of how one interprets the intent coordination with or pursuant to the direc- tem is uniquely qualified to handle complex of the provisions, it does not cure the under- tion of al-Qaeda.’’ In our view, this new lan- terrorism cases. Indeed, civilian courts have lying defect: over-militarization of our guage unnecessarily complicates our ability successfully overseen more than 400 ter- counter terrorism response. Our military to interpret and implement this section. rorism-related trials, whereas military com- does not want nor seek to try all foreign ter- Further, the new version of section 1032 missions have handled only six. While the ror suspects. Congress has wisely enacted makes it more apparent that there is an in- use of military commissions may occasion- dozens of criminal laws to incapacitate po- tent to extend the certification requirements ally be appropriate under the Constitution, tential terrorists, and federal courts have of section 1033 to those covered by section the Guantanamo military commissions re- convicted more than 400 of terrorism related 1032 that we may want to transfer to a third main subject to serious constitutional chal- crimes since 9/11. Using military commis- country. In other words, the certification re- lenges that could result in overturned guilty sions as a one-size-fits-all response threatens quirement that currently applies only to verdicts. The simple truth is that existing our security because commissions do not Guantanamo detainees would permanently federal courts operate under rules and proce- have the same broad array of criminal laws extend to a whole new category of future dures that provide all the tools necessary to that our federal courts have. captures. This imposes a whole new restraint prosecute terrorism cases and they are not on the flexibility we need to continue to pur- subject to the same legal challenges as mili- Military custody may be an incident of sue our counterterrorism efforts. tary commissions. battlefield operations, but mandating mili- Section 1033. We are troubled that section We need access to proven instruments and tary custody would undermine legitimate 1033 remains essentially unchanged from the methods in our fight against terrorism. law enforcement and intelligence operations prior draft, and that none of the Administra- Stripping local law enforcement and the FBI crucial to our security at home and abroad. tion’s concerns or suggestions for this provi- of the ability to arrest and gather intel- Providing an individualized waiver would sion have been adopted. We appreciate that ligence from terrorism suspects and limiting only serve to politicize each decision and revised section 1033 removes language that our trial options is counterintuitive and possibly paralyze effective national security would have made these restrictions perma- could pose a genuine threat to our national response. nent, and instead extended them through security. Furthermore, an expanded manda- We thank you again for signing on to the Fiscal Year 2012 only. As a practical matter, tory military detention system would lead to October 21, 2011 letter to Senator Reid and however, limiting the duration of the restric- yet more protracted litigation, infringe on your attention to these important issues. As tions to the next fiscal year only will have law enforcement’s ability to fight terrorism former members of our armed forces, please

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7660 CONGRESSIONAL RECORD — SENATE November 17, 2011 call on us as a resource as debate moves for- BEGICH, BENNET, BINGAMAN, So they had a great idea: Let’s take ward on detainee provisions as part of the BLUMENTHAL, BLUNT, BOOZMAN, BOXER, Khalid Shaikh Mohammed to New NDAA SCOTT BROWN, SHERROD BROWN, BURR, York City. That was a great idea. Let’s Sincerely, CANTWELL, CARDIN, CARPER, CASEY, have $300 million in security costs General Joseph P. Hoar, USMC (Ret.); while they have a trial of one of the General Charles C. Krulak, USMC COATS, CONRAD, COONS, CORKER, CRAPO, (Ret.); General William G. T. Tuttle DURBIN, ENZI, FEINSTEIN, FRANKEN, most notorious international crimi- Jr., USA (Ret.); Lieutenant General GILLIBRAND, GRASSLEY, HAGAN, HAR- nals. Obviously, that one got the sup- Robert G. Gard Jr., USA (Ret.); Vice KIN, HELLER, HOEVEN, INHOFE, INOUYE, port it deserved. Admiral Lee F. Gunn, USN (Ret.); JOHANNS, RON JOHNSON, TIM JOHNSON, Thanks to the release policy of Guan- Lieutenant General Charles Otstott, KLOBUCHAR, LANDRIEU, LAUTENBERG, tanamo, 27 percent of the detainees of USA (Ret.);Rear Admiral Don Guter, LEE, LUGAR, MANCHIN, MCCASKILL, Guantanamo who have been released USN (Ret.); Rear Admiral John D. MENENDEZ, MERKLEY, MIKULSKI, are back in the fight, trying to kill Hutson, USN (Ret.); Major General Wil- MORAN, MURRAY, BEN NELSON, PRYOR, Americans—only this time they have a liam L. Nash, USA (Ret.); Major Gen- RISCH, SANDERS, SCHUMER, SHAHEEN, red badge of courage and a degree of le- eral Thomas J. Romig, USA (Ret.); gitimacy because they spent time in Major General Walter L. Stewart, Jr., SNOWE, STABENOW, TESTER, MARK ANG (Ret.); Brigadier General James UDALL, VITTER, WARNER, WHITEHOUSE, Guantanamo Bay. Leaders of al-Qaida Cullen, USA (Ret.); Brigadier General and WYDEN. It has been called up, and have been released from Guantanamo Evelyn P. Foote, USA (Ret.); Brigadier I ask unanimous consent to have it set Bay under this administration. They General Leif H. Hendrickson, USMC aside to deal with the pending matter. were released under the Bush adminis- (Ret.); Brigadier General David R. The PRESIDING OFFICER. Without tration as well, to be fair, but we didn’t Irvine, USA (Ret.); Brigadier General objection, it is so ordered. know at that time how many of them John H. Johns, USA (Ret.); Brigadier Without objection, the foregoing re- would return to the fight. Some of the General Murray G. Sagsveen, USA quest from the Senator from Arizona leaders in Yemen whom we are speak- (Ret.); Brigadier General Stephen N. is—— Xenakis, USA (Ret.). ing about who are now doing every- Mr. LEVIN. Reserving the right to thing they can to kill Americans were The PRESIDING OFFICER. The Sen- object, and I don’t object because that released from Guantanamo Bay. That ator from Arizona. is the way we should proceed, going can’t be viewed as a successful policy. Mr. MCCAIN. Mr. President, for the back and forth, and usually we do that Thirty individuals in Guantanamo sake and the accommodation of the informally. I don’t know whether there today are citizens of Yemen. We can’t schedules of my colleagues, I ask unan- may be implications because I don’t release them, obviously, back to imous consent that following my re- know who will be speaking. Yemen. marks and whoever the speaker is on Mr. President, I have no objection. So now what do we do in order not to the other side designated by the chair- The PRESIDING OFFICER. Without have people go to Guantanamo Bay? man, Senator AYOTTE be recognized, objection, it is so ordered. We are now using U.S. naval ships to and then after a speaker from the other Mr. MCCAIN. I thank my friend from detain suspected terrorists. For 60 side, if necessary, Senator CHAMBLISS, Michigan. I do that for the convenience days, they kept a suspected al-Qaida followed by a speaker on the other side, of my colleagues because I know there member on board a ship. Now, when I followed by Senator GRAHAM. I do that will also be others coming to speak on support the construction of more Navy because of the time constraints of my this important issue. ships, I have a lot of missions in mind. colleagues. So I ask unanimous consent I wish to point out that the Senator Serving as a detainment facility for and agreement from the Senator from from South Carolina—a member of the suspected terrorists is not one of them. Michigan. National Guard, one of the major au- The Underwear Bomber was The PRESIDING OFFICER. The Sen- thors of the Detainee Treatment Act, Mirandized 50 minutes into custody, ator from Vermont. and a person who has tried hundreds of and the Senator from Illinois forgot to Mr. LEAHY. Reserving the right to cases in military courts—brings a de- mention that several weeks went by object, before we go into the series of gree of knowledge and expertise on this before the Underwear Bomber’s family speakers, I ask unanimous consent issue. came and convinced him to cooperate. that I be allowed to just call up and The Senator from New Hampshire Suppose there had been an impending then set aside amendment No. 1072, served as attorney general of her State attack on the United States of America which is sponsored by myself and Sen- for a number of years. She understands during the 50 minutes in captivity be- ator GRAHAM, and there is a list of 67 the Miranda rights. She has been a stu- fore he was Mirandized. Most Ameri- cosponsors. dent and leader on this issue of de- cans don’t believe al-Qaida members Mr. MCCAIN. Sure. I yield to the Sen- tainee treatment. should be Mirandized, as the Senator ator from Vermont. Also, of course, Senator CHAMBLISS, from New Hampshire, who has had a The PRESIDING OFFICER. The Sen- in his role as the Republican leader on lot of experience with individuals who ator from Vermont. the Intelligence Committee, has a deep have exercised their Miranda rights, Mr. LEAHY. I thank my friend from and longstanding involvement on de- will point out. Arizona. tainee issues and the requirements for So the administration policy has AMENDMENT NO. 1072 making our Nation safe. been a complete failure. What we are I will be fairly brief except to say (Purpose: To enhance the national defense trying to do in this legislation—and we through empowerment of the National that by any judgment, the President’s have tried and tried again to satisfy Guard, enhancement of the functions of policy, the President’s strategy, the many of the concerns the administra- the National Guard Bureau, and improve- President’s movements concerning de- tion has, including, I would point out, ment of Federal-State military coordina- tainees have been a total and abysmal doing certain things such as making tion in domestic emergency response) failure. If the President of the United this legislation only for 1 year—not I ask unanimous consent to call up States would have had a coherent pol- permanent but only for 1 year—and we amendment No. 1072. icy that made any sense whatsoever to have put into this legislation a na- The PRESIDING OFFICER. Without anyone, we would not have had to act tional security waiver which is a mile objection, it is so ordered. in the Senate Armed Services Com- wide. If the President of the United The clerk will report. mittee. States decides that an individual The legislative clerk read as follows: Let me point out a couple of facts. should be given a trial in civilian The Senator from Vermont [Mr. LEAHY], The President of the United States court, he has a waiver that all he has for himself and Mr. GRAHAM, and others, pro- campaigned saying that he would close to do is exercise. So I am not exactly poses an amendment numbered 1072. Guantanamo Bay. Guantanamo Bay re- sure why the administration feels so (The amendment is printed in today’s mains open. The President of the strongly about a 1-year restriction, RECORD under ‘‘Text of Amendments.’’) United States also said we would have with a national security waiver that is Mr. LEAHY. Mr. President, this is on detainees tried in civilian as well as a mile wide. We made a couple of other behalf of myself, Senators GRAHAM, military courts, and that was a posi- changes at the request of the adminis- ROCKEFELLER, AYOTTE, BAUCUS, tion he has held. tration. So I can only assume that

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7661 somehow this has some sort of political Secondly, just in quick response to Zawahiri’s parents, who probably are implications—and I don’t say that the comment of the Senator from Illi- not even alive, are going to step up and lightly—as most of the actions con- nois, the assistant majority leader, tell their son: You ought to go in and cerning this whole detainee issue seem when he talked about how we would talk to these folks and give them all to be driven by. treat U.S. citizens under this, I know the details about the way you helped So there were hearings held in the how smart he is, and he is my friend, plan the September 11 attacks on the Senate Armed Services Committee. but he obviously hasn’t read the bill. United States of America. We just There was input from different sources. There is a specific exclusion for citi- know with high-value targets that is The Senator from Michigan has been zens of the United States being re- not going to happen on a wholesale fair and objective on this issue, and I quired to be detained by the military basis, and we simply need to be in a po- am very appreciative of that. The vote in this bill. sition to gain actionable intelligence in the Senate Armed Services Com- Over the past several years, there has from every one of those individuals. mittee was, I believe, 26 to 0. been an ongoing debate concerning our While I fully support the detainee We feel very strongly that these pro- Nation’s ability to fully and lawfully provisions in this bill, I believe there visions in this bill are necessary to interrogate suspected terrorists. One are other improvements that can and keep Americans secure. We want to thing remains clear: After all of these should be made. For example, I am co- stop more than one out of every four of years after 9/11, we still lack an unam- sponsoring Senator AYOTTE’s amend- these detainees going back into the biguous and effective detention policy. ment which will allow our intelligence fight. We want to make sure the mili- The consequences of that failure are interrogators to use lawful interroga- tary court system applies here to peo- very real. If we had captured bin tion methods beyond those set forth in ple who are noncitizens and known Laden, what would we have done with the Army Field Manual. members of al-Qaida. All of it seems to him? If we had captured Anwar al- We need to be clear on exactly what me to make perfect sense. Awlaki, what would we have done with this means. This amendment does not So obviously the administration him? If today we capture Zawahiri, the authorize or condone torture, and ratcheted up the stakes today with a leader of al-Qaida, what would we do every technique used in every interro- threat of a veto. I hope they are not se- with him? Many of us have posed these gation must comply with our laws and rious about it. There is too much in same questions to various administra- treaty obligations. I believe there this bill that is important to this Na- tion officials, and the wide variety of needs to be flexibility in how we inter- tion’s defense. responses only confirms that there is rogate terrorists. But even more so I I yield the floor. no policy. That is unacceptable, and believe it is foolish to publicize—as the Mr. LEVIN. I wonder if we can amend that is why the detainee provisions in Army Field Manual does—the specific the unanimous consent agreement. this bill are so absolutely critical. techniques that can be used in interro- There is nobody that I know of on this I think it is fair to say that if we had gating a suspected terrorist. side at the moment who wants to speak captured bin Laden or Awlaki, we Over the years, we have heard repeat- in support of the amendment, so I am could have gained very actionable in- edly from the intelligence community wondering if it would be agreeable to telligence from either one of them, and that the element of surprise is some- the ranking member to have two Mem- that is our primary goal. But how times our greatest asset in gathering bers on his side go and then two Mem- would we have done that? We have no timely intelligence from detainees. bers on our side, should that occur. detainee policy; there is no place we Senator AYOTTE’s amendment gives the Mr. MCCAIN. That is not agreeable to could have taken them for long-term intelligence community the ability to me. I would say that they have the interrogation. The closest thing to a use techniques that have not been ability to walk over here if they are in- policy we have heard from the adminis- broadcast over the Internet. In my terested. tration is that Guantanamo is off the opinion, that makes a lot of sense. I Mr. LEVIN. In that case, I note the table. But that is not helpful when hope my colleagues will agree because absence of a quorum. the folks we are dealing with in the Mr. MCCAIN. I would agree to that, they provide no other alternatives. We have heard some administration but it is not fair. terrorist world today—these guys who Mr. LEVIN. I don’t want you to agree officials say holding detainees on ships are the meanest, nastiest killers in the if you think it is not fair. for brief periods of time solves this de- world; who wake up every morning try- Mr. MCCAIN. You know it is not fair. tention problem. Now, Senator MCCAIN ing to figure out ways to kill and harm If you have a speaker, bring them up. just addressed that issue, and we have Americans—are not stupid. They carry Mr. LEVIN. I am in opposition to the a great U.S. Navy. It is not the inten- laptops. They know how to use the amendment. I want to be fair. tion of the U.S. Navy to function in a Internet. We gain valuable information The PRESIDING OFFICER. Does the way of sailing ships around the world oftentimes through the airwaves. We Senator from Arizona agree with the and having terrorists brought to ships know how smart they are, and we know revised unanimous consent request? for detention. A state-of-the-art facil- they have the capability of going on Mr. MCCAIN. I agree. ity like Guantanamo Bay is off the the Internet today and reviewing the The PRESIDING OFFICER. The Sen- table, but holding someone on a ship, Army Field Manual. They know ex- ator from Georgia. never intended to be a floating prison actly the way they are going to be in- Mr. CHAMBLISS. Mr. President, I and prohibited from long-term deten- terrogated and the type of techniques rise in opposition to the motion of the tion by the Geneva Conventions is that are going to be used to gain intel- Senator from Colorado. As the vice somehow a humane replacement for ligence from them. chairman of the Senate Intelligence Guantanamo? That simply does not The Armed Services Committee has Committee, let me just say in response make sense. worked very hard on a bipartisan basis to the statement from the distin- The intent behind the detainee provi- to come up with legislation that will guished chairman of the Judiciary sions in this bill is very simple: We improve congressional oversight of de- Committee that there has not been a must be able to hold detainees for as tainee matters, as well as provide lack of discussion of this issue, both long as it takes to get significant for- greater assurance that detainees who within the Armed Services Committee eign intelligence information without pose a threat to our national security and within the Intelligence Committee. them lawyering up, as the Christmas are not released so they can return to While I am not permitted to talk about Day bomber did so famously after only the fight. what has gone on within the Intel- 50 minutes of interrogation. As the vice chairman of the Intel- ligence Committee, I assure my col- Again, to my friend from Illinois, ligence Committee, I have a specific in- leagues that this has been a major who talked about the fact that once terest in making sure our intelligence issue from a discussion standpoint for a this young man’s parents got involved, community has the ability to gather number of months. In fact, it has been that after his Miranda rights had been timely and actionable intelligence a point of discussion for almost 3 years given to him, he gave us an awful lot of from detainees. I believe this bill will now. I will get into some of that in my intelligence—and that is true in his help our intelligence interrogators do comments. case—I doubt very seriously that exactly that, and I urge my colleagues

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7662 CONGRESSIONAL RECORD — SENATE November 17, 2011 to support these provisions fully as was I particularly want to thank Chair- what it thought was Kevlar body armor done on a unanimous basis within the man LEVIN and Ranking Member was, in fact, nothing of the sort and Armed Services Committee when this MCCAIN for including this legislation in could not protect our troops the way issue was discussed, debated, and their amendment No. 1092, which was proper Kevlar can. In another example, talked about thoroughly during the offered earlier today. a supplier sold the Defense Department markup. Senator LEVIN and Senator MCCAIN a part that it falsely claimed was a I yield to my friend from New Hamp- led an in-depth investigation in the $7,000 circuit that met the specifica- shire. Armed Services Committee into this tions of a missile guidance system. Mr. LEVIN. No. Yield the floor. problem of military counterfeits, and A January 2010 study by the Com- Mr. CHAMBLISS. I am sorry. I they have drawn on that investigation merce Department quoted a Defense thought you gave us two, Mr. Chair- in making these important reforms Department official as estimating that man. that will protect military procurement counterfeit aircraft parts were ‘‘lead- Mr. LEVIN. You had two, I believe. from counterfeit parts. I am very glad ing to a 5 to 15 percent annual decrease You were the second, I think. they believe, as I do, the enhanced in weapons systems reliability.’’ The Mr. MCCAIN. I think what the chair- criminal penalties in my bill would investigation, led by Chairman LEVIN man meant was, there would be two provide a useful complement to those and Ranking Member MCCAIN, revealed if—— Mr. LEVIN. If we did not have some- important changes. countless other grave and sobering ex- Prosecutors have an important role body here, we were going to do it two amples. to play in the fight against military at a time. I am glad we are responding to the counterfeiters. The criminals who sell Mr. MCCAIN. Yes. I think it is the serious and ever-growing threat posed other side’s turn. counterfeit military products should by counterfeit military parts. Again, I The PRESIDING OFFICER (Mrs. not get off with light sentences. They thank Chairman LEVIN and Ranking MCCASKILL). The Senator from Rhode knowingly sell the military, for in- Member MCCAIN for their great work to Island. stance, counterfeit body armor that eliminate counterfeit parts from the Mr. WHITEHOUSE. Madam Presi- could fail in combat, a counterfeit mis- military supply chain, and I hope all dent, I appreciate the courtesy of the sile control system that could short- my colleagues will support their Senator from New Hampshire. I will circuit at launch, or a counterfeit GPS amendment No. 1092. not speak long. I know she is here that could fail under battlefield condi- I yield the floor. waiting to speak, as we go back and tions. The PRESIDING OFFICER. The Sen- forth across the aisle in sequence. The Combatting Military Counter- ator from Michigan. I want to begin by thanking Chair- feits Act of 2011 makes sure appro- Mr. LEVIN. Madam President, first, man LEVIN and his ranking member, priate criminal sanctions attach to let me thank Senator WHITEHOUSE for Senator MCCAIN, for the work they such reprehensible criminal activity, the extraordinary effort he has made to have done on this detention issue. I first, by doubling the maximum statu- go after counterfeit parts. We have in- think they have made a lot of progress, tory penalty for an individual who corporated his legislation in our legis- and I look forward to continuing to trafficks in counterfeits and knows the lation. It is a critically important part work on the Senate floor to try to con- counterfeit product either is intended of our legislation. But his leadership clude what I hope will be a successful for military use or is identified as has been early, often, and strong on agreement for everyone. meeting military standards; and, sec- this issue, and we commend and thank AMENDMENT NO. 1092 ond, by directing the Sentencing Com- him for it. Hopefully, when this amend- But I am here to speak about amend- mission to update the sentencing ment gets passed, there will be a rec- ment No. 1092 to the National Defense guidelines as appropriate to reflect our ognition of the critical role the Sen- Authorization Act, which is the piece congressional intent that trafficking in ator from Rhode Island played. It is an that has been put in that responds to counterfeit military items be punished ongoing saga to stop counterfeiting the serious and ever-growing problem seriously, sufficiently to deter this coming in, mainly from China. This is of counterfeit parts that appear in our kind of reckless endangering of our a major effort to stem that flow. military supply chain. servicemembers. Mr. WHITEHOUSE. I thank the Our Nation asks a lot of our troops. The administration has called for chairman and the ranking member. We send them far away. We send them these increased sentences for traf- Mr. MCCAIN. Madam President, into danger. We ask them to suffer pro- ficking in counterfeit military prod- could I just add my words of apprecia- longed separation from their families. ucts. In the private sector, this legisla- tion, along with those of the chairman, We ask them to put their life and limb tion is supported by the U.S. Chamber for Senator WHITEHOUSE’s hard work on in peril. In return, we have a high obli- of Commerce, the National Association this very important issue. gation to give them the best possible of Manufacturers, the Semiconductor I yield the floor. equipment to fulfill their vital mis- Industry Association, DuPont, the The PRESIDING OFFICER. The Sen- sions and come home safely. International Trademark Association, ator from New Hampshire. In order to assure the proper per- and the International Ms. AYOTTE. Madam President, I formance of our weapons systems, of AntiCounterfeiting Coalition. I thank rise in opposition to the amendment of- our body armor, of our aircraft parts, all of them for their work and leader- fered by the Senator from Colorado to and of countless other mission critical ship on this issue. strike the detainee provisions from the parts, we have to make sure they are One semiconductor manufacturer, ON defense authorization markup—provi- legitimate and not counterfeit parts. Semiconductor, which has a develop- sions that were agreed upon on an That was why I introduced the Com- ment center in East Greenwich, in my overwhelming bipartisan basis in the bating Military Counterfeits Act, home State of Rhode Island, has writ- Armed Services Committee. which was reported without objection ten a letter of support explaining that I would like to start first by revis- by the Judiciary Committee on July 21 military counterfeits are a particular iting the history of this and where we of this year. It is cosponsored by my problem since ‘‘[m]ilitary grade prod- are because the reason the Armed Serv- colleague, Senator GRAHAM, whom I see ucts are attractive to counterfeiters ices Committee, in the first place, on the floor; by the ranking member, because their higher prices reflect the thought it was very important we dis- Senator MCCAIN—again, my apprecia- added costs to test the products to cuss this issue in committee and ad- tion to him—Senator COONS; the chair- military specifications, specifications dress it is that having participated in man of the Judiciary Committee, Sen- that include the full military tempera- hearings over the course of months and ator LEAHY; Senator KYL; Senator ture range.’’ So it is a target area for months in the Armed Services Com- SCHUMER; Senator HATCH; Senator counterfeiters. mittee, there has been witness after BLUMENTHAL; and Senator KLOBUCHAR. I will say, without going on at any witness from our Defense Department I thank all of those cosponsors for great length, the examples are shock- who has come in and our military lead- their support and leadership on this ing. The Defense Department, for in- ers with whom we have been talking important issue. stance, has found out in testing that about the detention policy and asking

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If we were to eliminate So I do not understand why there are and how we are treating them. these provisions, we would be putting such objections continuing when this is Because one of the important facts our country in a position where these as a result of a very good, strong good- my esteemed colleague from Georgia, important issues are not being ad- faith effort to address any operational as well as the ranking member, Sen- dressed, and they need to be addressed concerns that were raised based on the ator MCCAIN, mentioned, is that we just based on what we have heard from amendment I brought and even based have a recidivism rate of 27 percent our military leadership over many on the prior language which, in my from Guantanamo—those who have re- months in the Armed Services Com- view, I think was very sufficient. engaged our soldiers again and are mittee. I want to point out something that is back in theater. I was very concerned So I would also echo what Senator very important. In the course of the about this in the Armed Services Com- CHAMBLISS, who is the vice chairman of discussions we had with the adminis- mittee. That caused, over a series of the Intelligence Committee, said. This tration on section 1031, which we have months, us to ask about the adminis- is an issue that has been thoroughly heard cited as a section that could be tration’s detainee policy. discussed in this body and cries out for used to detain Americans indefinitely, I just want to share some of the com- passage in the Defense Authorization this section was changed based on feed- ments that were made over that period Act. I want to point out a couple of back from the administration. In fact, of time in February. Secretary Michael very important parts to this. Now, I am the administration asked us to actu- Vickers said the administration is in someone who, on the recent appropria- ally strike a provision in it that would the final stages of revising or estab- tions bill, the CJS appropriations bill, have said American citizens—it did not lishing its detention policy. brought an amendment that would apply to American citizens, and, in Now, that was 8 months ago, and we have provided for military commis- fact, had to comply with the Constitu- are now 10 years into this war. In April sions trials for members of al-Qaida tion of the United States. I questioned GEN Carter Ham, the and associated forces who have com- So I am a little bit apoplectic to un- Commander of Africa Command, about mitted an attack against us or our coa- derstand why the administration is what we would do if we captured a lition partners because I am deeply raising an objection about something member of al-Qaida in Africa. Do you concerned that this administration has they actually asked to be removed on a know what he told me. He said, ‘‘We been treating these types of cases as section they told us they were satisfied would need some lawyerly help on an- common criminal cases. with and based on revisions that we swering that one.’’ When I brought that amendment for- made that they wanted. We said we So this is an area that cried out for ward, it did not pass this body. I feel would be happy to make these accom- clarification on a bipartisan basis be- very strongly that the policy should be modations because we wanted to make cause it is so important to ensure that that we treat these cases for what they sure we got this right. while we remain at war with terrorists are, military cases, because we remain So on that section, I do not under- that we have the right policies in place at war and our priorities should be to stand why we are in a position where to protect Americans. That is why the gather intelligence. But I point out the the Senator from Colorado is trying to Armed Services Committee worked fact that after my amendment lost, I remove it—the administration is ob- very hard. sat down with the chairman of the jecting to it—when we took the lan- I thank the chairman of the com- Armed Services Committee, the rank- guage they gave us and incorporated it mittee, Chairman LEVIN, for his dili- ing member, and the administration to directly into the National Defense Au- gent work, along with other members hear out their concerns. thorization Act. of the committee for coming forward So while this amendment—I would One point I think is being lost: So with this provision—that the Senator have gone further in my amendment— why is it that this amendment creates from Colorado is seeking to strike—as addresses many of the objections that an initial presumption for military well as the ranking member, Senator were raised—in fact, I think all of the custody? This is the most important MCCAIN. objections which were raised to the point. The priority has to be in pro- What ended up happening is, we amendment I brought to the floor from tecting American citizens by gaining brought forward a compromise that the other side; that is, we have given available intelligence to protect our passed overwhelmingly out of com- the administration flexibility to make country. The esteemed Senator from Il- mittee originally in June. In fact, it the decision on whether they believe it linois cited the case of the so-called passed out 25 to 1, and then the admin- is appropriate, based on national secu- Christmas Day or Underwear Bomber istration raised some concerns about rity concerns, which has to be the pri- as an example of how cases have it. In reaction to those concerns, I mary concern and consideration of how worked well. know the chairman of the Armed Serv- to treat those who have committed an Well, I think it is important to ap- ices Committee, as well as the ranking attack on our country who are mem- preciate the facts of that case. This is member and some others of us, includ- bers of al-Qaida or associated forces, a situation where the underwear bomb- ing myself, sat down with members of and also who are not members of this er is caught with the explosives the administration to hear out their country, so who are foreign citizens strapped to him, where there are hun- concerns and to try to accommodate and are seeking to attack our country dreds of witnesses on the plane, and their concerns while still making sure or have attacked our country in a way they were able to make their case in we had a policy that would give proper that the administration can decide it is the absence of any interrogation or guidance, would protect Americans, best to handle them in a civilian court confession. What ended up happening is and would fundamentally deal with or a military system. he was questioned at the scene for this issue of making sure, in the first So all of the objections that were about 50 minutes? Then he was read his instance, that we reaffirmed our au- raised to my amendment—I stand by Miranda rights, one of those being: You thority that we are at war with al- my amendment—but they are ad- have the right to remain silent. Qaida post 9/11; second, reaffirming dressed in this compromise. And to Let’s think about that for a second. that when we are at war the presump- hear the objection to it, that there is We would want to tell terrorists: You tion is military custody because the not flexibility, it is very clear that is have you have the right to remain si- priority has to be gathering intel- just not true when you look at the lan- lent. Common sense will tell you tell- ligence to protect our country; and guage in this amendment because we ing a terrorist they have the right to then, third, those who are released adjusted the amendment to address the remain silent is counter to what we from Guantanamo, making sure there administration’s concerns to say no in- need to do to protect Americans. We do is a standard in place so they cannot terrogation will be interrupted based not want them to remain silent, we

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There- is because his parents intervened. thorization bill. fore, any noncitizen al-Qaida operative Weeks later, his parents convinced him There was some discussion on the captured in the United States would be he should cooperate with us; that he Senate floor that the Intelligence Com- automatically turned over to military should provide information and tell us mittee had reviewed these. This is not custody. what he knew. true. I would like to read a letter that Military custody for captured terror- If our interrogation policy for people I sent to the majority leader that was ists may make sense in some cases, but who commit attacks on our country is signed by every Democratic member of certainly not all. Requiring it in every going to be, well, we hope a parent the Intelligence Committee on October case could harm our Nation’s ability to comes and intervenes to help us get in- 21. investigate and respond to terrorist formation that will protect Americans, We write as members of the Senate Judici- threats and create major operational I think we are in trouble if that is our ary Committee— hurdles. For example, the FBI has 56 intelligence-gathering procedure. Because there were some Judiciary local field offices around the country. So I wanted to point out, since that Committee members on this. It is staffed with agents who can ar- case is cited as an example by the Sen- and the Senate Select Committee on Intel- rest, interrogate, and detain. The mili- ator from Colorado and the Senator ligence, to express our grave concern with tary does not. As has been the policy of from Illinois as to why this section subtitle D, titled Defense Matters of title 10 Republican and Democratic Presidents should be struck, if anything, I think of S. 1253, the National Defense Authoriza- before and after 9/11, the decision about that case points out why we need guid- tion Act for Fiscal Year 2012. We support the where to hold a prospective terrorist ance in this area and why it is very im- majority of provisions in the bill which fur- should be based on the facts of each portant the priority be on gathering in- ther national security and are of great im- case, and should be made by national telligence. portance. But we cannot support these con- security professionals in the executive troversial detention positions. That is what this amendment does. It branch. gives the administration sufficient Then we go on to say—and I will not In a letter, Secretary Panetta said flexibility, based on concerns they read the whole letter. I will put the this week that this provision ‘‘re- raised, operational concerns. If the FBI whole letter in the RECORD. strains the executive branch’s options is conducting an interrogation, they do The executive branch must have the flexi- to utilize, in a swift and flexible fash- not have to stop it because of anything bility to consider various options for han- ion, all the counterterrorism tools that in this provision. That is very clear. dling terrorism cases, including the ability are now legally available.’’ If the administration wants to treat to prosecute terrorists for violations of U.S. law in Federal criminal court. He added that the bill as written someone in a civilian court, even Yet, taken together, sections 1031 and 1032 ‘‘. . . may needlessly complicate ef- though I do not think they should of subtitle (d) are unprecedented and require forts by frontline law enforcement pro- versus a military commission who is a more rigorous scrutiny by Congress. Section fessionals to collect critical intel- member of al-Qaida who has attacked 1031 needs to be reviewed to consider whether ligence concerning operations and ac- our country, that waiver is in here. it is consistent with the September 18, 2001, tivities within the United States.’’ That flexibility is in here. authorization for use of military force, espe- This is the man who ran the CIA and This was a reasonable compromise cially because it would authorize the indefi- is now running the Department of De- where people like me who would have nite detention of American citizens without charge or trial . . . fense, and we are going to ignore him? gone a lot further did not get what we Are we saying it doesn’t make any dif- wanted. But what we did do is get a I will stop reading here, but again, I ference what he says? I am not part of very strong bipartisan compromise want to emphasize this point. We are that school of thought. I think what he that came out of this committee over- talking about the indefinite detention says does make a difference. whelmingly. When we had a vote at the of American citizens without charge or I ask unanimous consent to have Sec- beginning of the week, and the Senator trial. We have not done this at least retary Panetta’s November 15 letter since World War II when we incarcer- from Colorado raised the very same printed in the RECORD. amendment to strike this provision, it ated Japanese Americans. This is a There being no objection, the mate- was rejected overwhelmingly on a bi- very serious thing we are doing. People rial was ordered to be printed in the partisan basis. should understand its impact. RECORD, as follows: So I hope this Chamber will also I want to outline the provisions in THE SECRETARY OF DEFENSE, overwhelmingly reject striking this the Armed Services bill that would fur- Washington, DC, November 15, 2011. very important provision from the Na- ther militarize our counterterrorism Hon. CARL LEVIN, tional Defense Authorization Act. efforts and ignore the testimony and Chairman, Committee on Armed Services, U.S. Again, we cannot be in a position recommendations of virtually all na- Senate, Washington, DC. where we spend the next year in the tional security and counterterrorism DEAR MR. CHAIRMAN: I write to express the officials and experts. We have heard Department of Defense’s principal concerns Armed Services Committee again hear- with the latest version of detainee-related ing from our military leaders: The ad- from the Secretary of Defense, the At- language you are considering including in ministration is still in the final stages torney General, the general counsel of the National Defense Authorization Act of revising or establishing its detention the Defense Department, and John (NDAA) for Fiscal Year 2012. We understand policy. I certainly do not want to hear Brennan, the Assistant to the Presi- the Senate Armed Services Committee is again from one of our generals, when I dent for Homeland Security and Coun- planning to consider this language later ask him about our detention policy and terterrorism. Every one of them op- today. what we are going to do with terror- poses these provisions. They have to We greatly appreciate your willingness to carry them out. They are the profes- listen to the concerns expressed by our na- ists: I would need some lawyerly help tional security professionals on the version in answering that one. sionals responsible for so doing. Yet, of the NDAA bill reported by the Senate This amendment gives us the guid- we are going to countermand them? Armed Services Committee in June. I am ance we need. I would ask my col- The first problematic provision, sec- convinced we all want the same result—flexi- leagues to reject striking it from the tion 1032, requires mandatory military bility for our national security professionals authorization. custody with no consideration of the in the field to detain, interrogate, and pros- I yield the floor. details of individual cases. The bill ecute suspected terrorists. The Department The PRESIDING OFFICER. The Sen- mandates military detention of any has substantial concerns, however, about the ator from California. non-U.S. citizen who is a member of al- revised text, which my staff has just received within the last few hours. Mrs. FEINSTEIN. Madam President, Qaida, or an associated force, whatever Section 1032. We recognize your efforts to I view the detention provisions of this that may be, and who planned or car- address some of our objections to section bill as real pernicious, as an attack on ried out an attack, or attempted at- 1032. However, it continues to be the case the Executive power of the President, tack, on this country or abroad. Here is that any advantages to the Department of

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7665 Defense in particular and our national secu- coconspirators, or where he had hidden to talk. The situation would have been rity in general in section 1032 of requiring other bombs, the FBI would have very different under Section 1032. that certain individuals be held by the mili- squandered valuable time determining Under the pending legislation, it would tary are, at best, unclear. This provision re- whether Zazi was a member or part of have been military personnel who were strains the Executive Branch’s options to utilize, in a swift and flexible fashion, all the al-Qaida or an ‘‘associated force.’’ Re- attempting to enlist prominent Nige- counterterrorism tools that are now legally quiring law enforcement and national rians to assist in their interrogation, available. security professionals to determine and Abdulmutallab would have been Moreover, the failure of the revised text to whether an individual meets a specific classified as an enemy combatant and clarify that section 1032 applies to individ- legal definition adds a delay—most held in a military facility and, there- uals captured abroad, as we have urged, may people would have to admit this. Also a fore, his family would not be inclined needlessly complicate efforts by frontline waiver process takes time as it pro- to cooperate. This is we have been told law enforcement professionals to collect ceeds through the President and Sec- on the Intelligence Committee. critical intelligence concerning operations For the record, Umar Farouq and activities within the United States. retary of Defense, both of whom believe Next, the revised language adds a new it unduly complicates the ability to Abdulmutallab pleaded guilty to all qualifier to ‘‘associated force’’—that acts in immediately interrogate an individual charges last month in a Federal crimi- coordination with or pursuant to the direc- or prevent another attack. nal court in Michigan and will likely tion of al-Qaeda.’’ In our view, this new lan- Suppose a terrorist such as Zazi were spend his life behind bars. What can be guage unnecessarily complicates our ability forced into mandatory military cus- better than that? Where can the mili- to interpret and implement this section. tody. Then the government could also tary commission come close to that ef- Further, the new version of section 1032 fort? In fact, they can’t. They had 6 makes it more apparent that there is an in- have been forced to split up codefend- tent to extend the certification requirements ants, even in cases where they other- cases, minor sentences, or released, of section 1033 to those covered by section wise could be prosecuted as part of the plus 300 to 400 convictions in Federal 1032 that we may want to transfer to a third same conspiracy in the same legal sys- Court. country. In other words, the certification re- tem. To conclude on this mandatory mili- quirement that currently applies only to Zazi was a permanent legal resident. tary custody provision, the Defense De- Guantanamo detainees would permanently His coconspirators were both U.S. citi- partment has made clear it does not extend to a whole new category of future want the responsibility to take these captures. This imposes a whole new restraint zens. They would be prosecuted on ter- rorist charges in Federal criminal terrorists into mandatory military cus- on the flexibility we need to continue to pur- tody. But do we know better? I don’t sue our counterterrorism efforts. court, but Zazi himself would be trans- Section 1033. We are troubled that section ferred to military custody. Two dif- think so. The Department of Justice has said 1033 remains essentially unchanged from the ferent detention and prosecution sys- that approximately one-third of terror- prior draft, and that none of the Administra- tems would play out and could well ists charged in Federal Court in 2010 tion’s concerns or suggestions for this provi- complicate a unified prosecution. sion have been adopted. We appreciate that Incidentally, in the Zazi case, pros- would be subject to mandatory mili- revised section 1033 removes language that tary detention, absent a waiver from ecutors have obtained convictions would have made these restrictions perma- the Secretary of Defense. against six individuals, including nent, and instead extended them through The administration contends that guilty pleas from Zazi, who faces life in Fiscal Year 2012 only. As a practical matter, the mandatory military custody is un- Federal prison without parole. however, limiting the duration of the restric- wise because our allies will not extra- tions to the next fiscal year only will have What could be better than that? If it dite terrorist suspects to the United little impact if Congress simply continues to is not broke, don’t fix it. What is hap- States for interrogation and prosecu- insert these restrictions into legislation on pening now isn’t broke. That is the tion—or even provide evidence about an annual basis without ever revisiting the point. substance of the legislation. As national se- Guess what. I try to do my home- suspected terrorists—if they will be curity officials in this Department and else- work, I read the intelligence, and I try sent to a military brig or Guantanamo. where have explained, transfer restrictions Finally, the military isn’t trained or to know what is happening. It is work- such as those outlined in section 1033 are equipped for this mission—they have ing. The government has its act to- largely unworkable and pose unnecessary ob- plenty to do as it is—but the Depart- gether. Now arbitrarily this is going to stacles to transfers that would advance our ment of Justice is. national security interests. change because there is a predilection Section 1035. Finally, section 1035 shifts to As John Brennan, the Assistant to of some people in this body that the the President for Homeland Security the Department of Defense responsibility for military must do it all—if they cannot what has previously been a consensus-driven and Counterterrorism, said in March: do it all, a part of it. But what this interagency process that was informed by Terrorists arrested inside the United the advice and views of counterterrorism does is essentially militarize certain States will, as always, be processed exclu- professionals from across the Government. criminal terrorist acts in the United sively through our criminal justice system. We see no compelling reason—and certainly States. I have a real problem with that. As they should be. none has been expressed in our discussions to I don’t understand why Congress would I agree. date—to upset a collaborative, interagency want to jeopardize successful terrorism The alternative would be inconsistent with approach that has served our national secu- prosecutions. our values and our adherence to the rule of rity so well over the past few years. The former speaker was talking law. Our military does not patrol our streets I hope we can reach agreement on these or enforce our laws in this country. Nor important national security issues, and, as about Farouq Abdulmutallab, better should it. always, my staff is available to work with known as the Underwear Bomber, from the Committee on these and other matters. Christmas Day in 2009. Abdulmutallab I could add that our military doesn’t Sincerely, was brought into custody in Detroit spend its resources and expertise LEON E. PANETTA. after failing to detonate a bomb on surveilling terrorists in the U.S. like Mrs. FEINSTEIN. Let me explain Northwest Flight 253. He was interro- Najibullah Zazi, as the FBI did, to why this proposal is bad policy. gated almost immediately by FBI spe- know his every move, to know where Consider the case of Najibullah Zazi. cial agents. And he talked. he bought the chemicals, to know the He was arrested in September of 2009 as Some critics contend that amount of chemicals, to know what part of an al-Qaida conspiracy to carry Abdulmutallab stopped talking later backpacks they had, and to follow him out suicide bombings of the New York that day because he was Mirandized. to New York. It makes no sense to me City subway system. The FBI arrested That happens to be correct, at least to have to transfer that jurisdiction. Zazi after they had followed him on a temporarily. But what these critics The second problematic provision im- 24/7 basis. He began providing useful in- don’t mention is that he likely would poses burdensome restrictions to trans- telligence to the FBI once captured. have been even less forthcoming to fer detainees out of Guantanamo, sec- If the mandatory military custody in military interrogators. tion 1033. This provision essentially es- the Armed Services bill were law, all of It was FBI agents who traveled to tablishes a de facto ban on transfers of the surveillance activities, all of what Abdulmutallab’s home in Nigeria and detainees out of Gitmo, even for the the FBI did would be in jeopardy. In- persuaded family members to come to purpose of prosecution in U.S. courts stead of interrogating him about his Detroit to assist them in getting him or another country.

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Section 1035 essentially that as it may, despite having raised ministration proposed eliminating the reverses the interagency process cre- these concerns months ago and offered requirement that the Secretary of De- ated by the President’s order. suggestions to address them, this bill fense certify that the foreign country Let me just say a few things about does very little to resolve my three where the detainee will be sent is not this process. The Secretary of Defense principal concerns and those of the ad- ‘‘facing a threat that is likely to sub- is in charge of the decision. He is al- ministration about mandatory mili- stantially affect its ability to exercise lowed to reject the findings of an inter- tary custody and the possibility this control over the individual.’’ agency review board that includes a bill will create operational confusion How can the Secretary of Defense senior official from the State Depart- and problems in the field. certify that—facing a threat that is ment, the Department of Defense, the I look forward to the debate. Can- likely to not just affect, but substan- Justice Department, DHS, the Office of didly, I hope sides haven’t hardened. tially affect, its ability to exercise con- the Director of National Intelligence, The three amendments I will offer trol over the individual? What does it and the Office of the Chairman of the will—one will strike the language, one mean for a nation to ‘‘exercise control’’ Joint Chiefs of Staff. They, together, will insert the word ‘‘abroad,’’ in sec- over a former Gitmo detainee? Does he review a case of a person who could be tion 1032, and one will carry with it the have to be in custody? Can he have an held forever without trial, without administration’s proposal. I hope there ankle bracelet? Is he remanded to his charge. They can deliberate on the will be the opportunity to offer these home? Is he in some county facility kind of threat this individual con- amendments. somewhere? What does it mean? tinues. I can’t think of anything more seri- The Secretary of Defense must also There are people who are in Guanta- ous that we are doing, and I must tell certify, in writing, that there is vir- namo—or I should say who were in you a lot of effort has gone into put- tually no chance that the person being Guantanamo—who were simply in the ting the FBI in a position by creating transferred out of American custody wrong place at the wrong time. That is a huge intelligence operation within would turn against the United States possible for an American as well. Ev- the Federal Bureau of Investigation to once resettled. erything we are all about is to see that be able to deal with terrorist threats in I agree with the sentiment, but as it the system is a just system. This is not this country. We also have a Depart- is written, this is another impossible just and particularly not for a U.S. cit- ment of Homeland Security to do that condition to satisfy. izen. I don’t care who they are, they as well. To now say the military is The administration tried to work have certain rights under the Constitu- going to take over in certain situations with the Armed Services Committee to tion as a U.S. citizen. is going to end up unworkable, if, in make this section more workable, but Why should we place the Department fact, this becomes the law and I hope it the input by professionals in the de- of Defense above the unified judgment will not. fense, law enforcement, and intel- of five other departments on what is, I thank the Chair, and I yield the ligence communities, quite frankly, at its heart, a question about the legal- floor. was rejected. ity of continued detention, the assess- The PRESIDING OFFICER. The Sen- The committee didn’t address the ment of the threat a detainee poses, ator from Michigan. concerns of the administration except and the options available to handle Mr. LEVIN. Madam President, I won- to limit these restrictions to 1 year. that individual? der if the Senator from California In his November 15 letter, Secretary Secretary Panetta is not requesting might offer those amendments right Panetta wrote he was troubled this sec- new authority in this section. Again, now and call them up so we can get a tion remains essentially unchanged reading from the Secretary’s November vote on them. We are trying to vote on and that none of the administration’s 15 letter, he says: amendments, and I am wondering if she concerns or suggestions for the provi- Section 1035 shifts to the Department of could call up one of those amendments, sion were adopted. This in itself is a Defense responsibility for what has been a we could debate it, and then vote on it. concern. The views of the professionals consensus-driven interagency process that Mrs. FEINSTEIN. I only found out who do this day in and day out should was informed by the advice and views of this bill was coming up this morning, counterterrorism professionals from across be considered. Congress is not on the so the administration is reviewing the the Government. We see no compelling rea- largest amendment at the present streets, we are not shadowing terror- son—and certainly none has been expressed ists, we are not putting together intel- time. in our discussions to date—to upset a col- The other two amendments, we may ligence. So I find this just terribly im- laborative, interagency approach that has perious. served our national security so well over the already have filed those. We have filed those, but I would pre- The third problematic detention pro- past few years. fer to wait until we have the larger vision reverses the interagency process Let me conclude by saying I support amendment, which is being reviewed by of detention reviews for those detained the vast majority of provisions in this the administration, and then I will be at Guantanamo. authorization. The bill improves our making a decision as to which I want Let me begin by saying I support de- national security and it is essential to to go with. tention of terrorists under the law of meet our commitment to the men and Mr. LEVIN. Which amendment is the war. There must be a way to hold peo- women of our Armed Forces. I under- larger one? ple who would, if free, take up arms stand all that, and I have voted for vir- Mrs. FEINSTEIN. This is the amend- against us. But detention without tually every Defense authorization bill. ment currently being reviewed by the charge, perhaps forever, is a power that But I intend to continue to oppose administration. must be subject to serious review to these three detention policy provisions. Mr. LEVIN. Is that one of the three? ensure it is applied correctly and that I have not made up my mind, can- Mrs. FEINSTEIN. Yes. we are only holding people—in some didly, how I will vote on this bill. I Mr. LEVIN. Which was the larger of cases for decades—with cause and care- guess maybe I see things a little dif- the three; can the Senator describe it ful consideration and review. ferently than many in this body, be- for us? Incidentally, this would apply to U.S. cause one of the things I have learned Mrs. FEINSTEIN. There are several citizens. Do we want to go home and in my time here is the importance of amendments. tell the people of America we are going the U.S. Constitution—and I have had Mr. LEVIN. Which is the one cur- to hold them, if such a situation comes 18 years on the Judiciary Committee— rently being reviewed, if the Senator is up, without any thorough and consid- and what it means to have due process able to share that with us. ered review? It is just not the Amer- of law, and that means for everybody. Mrs. FEINSTEIN. This essentially ican way. That is for the poorest person on the would strike the detention provisions

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It reflects what President—this President and all fu- have done differently in this war is we the White House offered to Senators ture Presidents—will have the ability have said: Our courts will review the LEVIN and MCCAIN as compromise lan- to detain a member of al-Qaida and military’s decision to declare you as an guage on the detention provisions to other allied organizations, regardless enemy combatant in a habeas proce- address the opposition raised by the ad- of where they are captured in the dure—not a criminal trial but a habeas ministration. world, and hold them as an enemy com- procedure—as to whether there is suffi- Mr. LEVIN. I thank the Senator. batant. cient evidence to label you as an un- Mrs. FEINSTEIN. I have more to say, Under the law of war, when we cap- lawful enemy combatant. but I am not sure. ture an enemy prisoner, there is no So, to my colleagues on the other Mr. LEVIN. That helps. I thank the magic date we have to let them go. The side, the law of the land by the Su- Senator. problem with this war, unlike other preme Court is that an American cit- The PRESIDING OFFICER. The Sen- wars, is there will not be a definable izen can be held as an enemy combat- ator from South Carolina. end. We had 400,000 German prisoners ant. Like every other enemy combat- Mr. GRAHAM. Madam President, in military prisons inside the United ant, they have habeas rights, but they one, I would like to begin by thanking States during World War II. We weren’t don’t have the right to say: Try me in Senators LEVIN and MCCAIN. I don’t going to let those folks go if they had a civilian court or military commis- know how long Senator LEVIN and I been in jail 1 year. Not one of them got sion court, because when we capture have been working on this together—it to go see a Federal judge saying: Let someone, the goal is to gather intel- seems like forever—trying to get a de- me out of here. ligence. tainee policy in a post-9/11 world that Under the law of war of our military, The Christmas Day Bomber, the the courts will accept and that lives the executive branch of government Times Square case—the reason many of within our values. I have just been has the authority to protect the Na- us want military custody from the out- thinking throughout the years about tion, and courts have not interfered set is that under domestic criminal the journey we have taken—beginning with that 200-year right. law, other than a very narrow public with the Bush administration—where What is different about this war? safety exception, we don’t have the the idea of indefinite detention of un- There are no capitals to conquer, there right under criminal law to hold some- lawful enemy combatants originated is no air force to shoot down or navy to one for an indefinite period of time by executive order. sink. So we have people who don’t wear without providing them a lawyer and I do believe, since 9/11, we have been uniforms who are roaming the globe, telling them what their legal rights are in a state of undeclared war with orga- and they don’t have a home country, or charging them in a court of law. And nizations such as al-Qaida. The Con- they have a home idea, and we are let me say, as a military lawyer, I gress created legislation early on— fighting an ideology. Sometimes they would never want that to be the case. I right after the attacks of 9/11—allowing make it to our soil and sometimes they don’t want to change our domestic the President to use military force don’t. criminal system to allow us to grab against al-Qaida. Part of being able to So here is what we are trying to do. someone and hold them indefinitely, engage someone militarily is to detain We are trying to create a hybrid sys- pending criminal charges, without the those we capture. But that has been tem, for lack of a better word. If you right to a lawyer, the right to remain years ago. This is the first time Con- captured an al-Qaida member overseas silent being presented to the defendant, gress has spoken since the early days in Afghanistan, Iraq, or Yemen, it is and presentment to court, because that of the war. clear that they have no constitutional is what criminal law is all about. We tried during the Bush administra- right to petition a judge in the United Under military law, whether it is here tion to work with the Bush people to States: Let me go. at home or abroad, you can hold some- create a law of war detention system When we put people in Guantanamo one suspected of being an enemy agent, by statute. We had a problem there. Bay, the Bush administration argued enemy prisoner, and you can interro- They felt the executive order was the that prison wasn’t subject to legal re- gate them humanely and lawfully—and way to go. I have always believed when view by our courts. And in the Hamdi we have good laws now governing in- the Congress and the White House case involving a U.S. citizen captured terrogation procedures—without hav- work together, the courts appreciate it in Afghanistan, the Supreme Court ing to present them to a court. That is as being a more collaborative process. held that we could hold an American the difference between intelligence So we went from sort of one extreme— citizen as an enemy combatant. They gathering and fighting a crime. to where we had military commissions suggested to the Bush administration a The Padilla case was an American that were almost legislating a convic- procedure to ratify that decision. They citizen captured inside the United tion—to a better product, and the end pointed to an Army regulation, 190—I States. He was held for about 4 years in product was the 2009 bill we worked on can’t remember the number—and we Charleston Naval Brig, and the Fourth with Senator LEVIN that got almost 80 tried to come up with a procedure that Circuit Court of Appeals ruled that, votes. So we have come a long way. would allow us some due process as a yes, an American citizen captured About the detention issue. Here is nation for an enemy combatant, in- within the United States can be held as what I have been trying to accomplish cluding an American citizen. an unlawful enemy combatant, but for years. I wish to make sure we un- In the Boumediene case, the Court they have the right to counsel when it derstand the difference between fight- said: Wait a minute. We are going to comes to presenting their habeas case. ing a war and fighting a crime. When it allow a habeas petition by those held They don’t have the ability to tell the comes to al-Qaida operatives, whether as enemy combatants—American citi- interrogator and the military: I don’t they are captured in the United States zens or non-American citizens—if they want to talk to you now. I want my or overseas, the first thing we should are at Guantanamo Bay because we lawyer. be doing as a nation is trying to find have control over that facility. That is When you are talking to a military out what that person knows about the part of the United States in terms of interrogator or the FBI or the CIA try- attack in question or future attacks. our legal infrastructure. ing to gather intelligence, you don’t When we capture an enemy prisoner, So the law of the land is that if you have a right to remain silent, you don’t the first thing our military does is turn are captured overseas, even if you are have a right to a lawyer because we are the person over to the military intel- an American citizen, you can be held as trying to defend ourselves against an ligence community for questioning. an enemy combatant and questioned by enemy bent on our destruction. The I am of the belief that we have the our military with no right to proceed day we decide to treat you as a com- ability to question people under the to a criminal venue. It is not a choice mon criminal, even a terrorist suspect, law of war without congressional au- to try them or let them go. You can all those civilian rights attach. thorization. But when the Congress hold an unlawful enemy combatant for So this bill is trying to create a proc- acts, it is better for us all. So in this an indefinite period of time just like ess that if you are captured in the bill, working with Senators LEVIN and you could hold any other enemy pris- United States, this legislation says

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7668 CONGRESSIONAL RECORD — SENATE November 17, 2011 that you will be presumptively put in want to know. So it would be an absurd Yemen. The bottom line is, the Presi- military custody because that is the outcome that if somehow the enemy dent, through a legal process we cre- only way we can hold you and interro- could find a way to get to our home- ated years ago, made a determination gate you because under domestic land, all the rules change because if that an American citizen has joined criminal law, that is not available, nor you capture one of these guys in the enemy forces, and he issued an should it be. Yemen, nobody is suggesting you have order through a legal process that says: There is a waiver provision here. If to give them a lawyer. If you find this guy, you can capture or the administration believes that mili- Well, when you get to the United kill him. tary custody is not the right way to go, States, what we are suggesting is that Now, wouldn’t it be odd if you had a they can waive that. But the day you we have a legal system that under- law that says you can kill somebody, turn someone over to civilian authori- stands the difference between fighting but when you capture them, you can’t ties for the purpose of prosecution, you a war and fighting a crime, and if you hold them for a very long time, you have a very limited window to gather are suspected of being an al-Qaida can’t indefinitely detain them? Well, intelligence because all the criminal member, citizen or not, we are going to death is pretty indefinite. So if you can rules apply. And what we are trying to find out what you know through lawful kill a guy, why in the world can’t you do is to make sure we can defend our- interrogation techniques. That has to hold them and interrogate them to find selves and not overly criminalize the be done under the military system be- out what they know about this attack war. That is why this is so important. cause civilian domestic criminal law or future attacks? As to the White House concerns— doesn’t allow that to be done. So let’s be consistent. It makes sense they wanted to have that flexibility That is what we created here—a bi- to me that if an American citizen without any statutory involvement—I furcated system with waivers. If we wants to join al-Qaida, they are no believe this will serve the Nation well don’t have this in place, we are going longer our friend, they are our enemy. long after President Obama leaves of- to lose intelligence and our Nation is And if the evidence is solid and it has fice. I don’t know who the next Presi- going to be at risk. People are going to gone through a legal process and this dent will be, but I do believe this: We get killed if we lose good intelligence. President or any other President deter- will be under threat and siege by an So, to me, the idea of reading some- mined that an American citizen is now enemy bent on our destruction. one their Miranda rights doesn’t make operating abroad trying to harm us, So if you believe, as I do, that we are a lot of sense, but you have the flexi- joining al-Qaida, I believe they have at war but it is a different kind of war, bility to do that, if you choose, out in the absolute legal and moral authority please give your Nation—our Nation— the field. You just have to get a waiver. to identify that person as a threat to the ability to defend us. And the best So when you capture somebody on the the United States; kill or capture. And way to be safe in the war on terror is homeland, I don’t want our people to if you don’t agree with me, fine. I to gather good intelligence and hit think that you have to give them a think about 80 percent of my fellow them and stop them before they hit lawyer and read them their rights and citizens do. It would be absurd not to you because they could care less about that you can’t question them about be able to have that ability. Citizen- dying. So intelligence gathering is the what they know about attacks against ship is something to be respected. It is way to keep us safe. our homeland. That is dumb. That something to be cherished. It is not a Most enemy prisoners captured in doesn’t make us a better people, that ‘‘get out of jail free’’ card when you traditional wars never go to court. The makes us less safe. Let’s put them in turn on your fellow citizens. last thing I am worried about is how military custody, with the right to So at the end of the day, we have a you prosecute these guys. The first waive that. Let’s give our interroga- system in place now that I am very thing I worry about is, what do they tors plenty of time to find out what is proud of. know, and what is coming our way? going on. Then we will make a decision To Senator LEVIN, we have nego- So the provisions of 1032 apply to about where to prosecute. tiated and we have compromised be- captures within the United States. And I believe Federal courts have a role cause the administration had some le- we are saying that when an al-Qaida in the war on terror. There have been gitimate concerns. They had some le- operative suspected of being involved plenty of cases involving terrorism gitimate concerns about Congress over- in a terrorist act—a very limited class that went to Federal court where you ly mandating how you detain, interro- of cases, by the way—is captured on had a good outcome. There have been gate, and try prisoners. What we have our soil, we would like them to be in cases going to Federal court where you come up with is the balance I have military custody from the get-go. But had less than a stellar outcome. The been seeking for 5 years. If you capture we have provisions that say: You don’t key is, if you are holding an enemy someone in the United States, you have to make that decision or inter- combatant for 4 or 5 years under the start with the presumption that you rupt an interrogation. There is a win- law of war, I don’t think it makes are going to gather intelligence in a dow of time in which you can deal with sense to put them in civilian court. lawful manner and prosecution is a sec- the case without having to make the You should put them in military com- ondary concern. We give the executive waiver. We are not impeding interroga- missions. And we are talking about branch the ability to waive that re- tions, and we are not saying you have people we have been holding for a pe- quirement, and we have conditions on to stay in military custody forever be- riod of time because we looked at them that requirement that will not inter- cause we give this administration and as a military threat, not as a common rupt an interrogation. future administrations the flexibility criminal. But we need to let this President to waive that provision if it makes So the provisions in 1032 are good law know, and every other President, that sense. that will stand the test of time. It will if you capture someone in the home- To the Christmas Day Bomber—he allow us on our homeland to do what land, on our soil—American citizen or was read his Miranda rights within an we can do overseas. Wouldn’t it be odd not—who is a member of al-Qaida, you hour, his family was involved, and it not to be able to protect yourself be- do not have to give them a lawyer or turned out that he pled guilty. I am cause the enemy got to the United read them the rights automatically. not a professional interrogator, but I States less than you could if you cap- You can treat them as a military do know this: You don’t read an enemy tured them overseas? threat under military custody, just prisoner their rights when you capture Now let’s talk a little bit about like if you captured them overseas. them on the battlefield in a war. The American citizens. There are a few peo- So this provision that Senators question is, Is the United States part of ple—and I give them credit for having LEVIN, MCCAIN AYOTTE, and all of us the battlefield? That is really what passionate, honest-held beliefs that the have worked on makes perfect sense to this is about. Are we going to allow the President of the United States doesn’t me. It is a balance between protecting enemy to get here, and all of a sudden have the authority to designate an our homeland, living within our values, all the rules change because they made American citizen who has now joined and giving the executive branch the it to our homeland? I would argue that al-Qaida—to issue an order to kill flexibility they need to protect us, but the closer they are to us, the more we him—this al-Awlaki guy who was in just using good old-fashioned common

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7669 sense. Under domestic criminal law, an arbitrary point in time. So the ad- should not get more rights than they you cannot hold someone indefinitely ministration was probably right to would get if they attacked us overseas. without giving them a lawyer or read- take this out. They should not be tortured because ing them their rights, nor should you. Simply stated, if you are an Amer- it is about us, not about them. The rea- But under military law, if you have ican citizen and you want to join al- son I don’t want to torture anybody is evidence that the person is a military Qaida: Bad decision; you could get because I like being an American. I threat, you don’t have to give them a killed or you could spend the rest of think it makes us stronger than our lawyer. That makes no sense whether your life in military prison as a mili- enemies. There are ways to get good in- you capture them here or overseas. tary threat or you could wind up in an telligence from the enemy without Everyone held as an unlawful enemy article 3 court and maybe get the death having to mimic their behavior. I do combatant has the right to access our penalty. I want people to know there is believe the military’s work product Federal courts. Under this bill, it is not a downside to joining the enemy. I should be judged and reviewed in Fed- just one time you get to go to court. want to give our country the tools we eral court in a reasoned way. That is We create an annual review process so need as a nation to fight an enemy and part of this legislation. I do not want that if you are held as an enemy com- do it within our values. I don’t want to anybody to be sitting in jail forever batant in military prison or civilian waterboard people, but I don’t want the without some review process so that prison, you will get an annual review. only interrogation tool to be the Army one day maybe they could get out. We don’t want you to go into a black Field Manual, online where anybody But here is what I will not tolerate. legal hole. We don’t want an enemy can read it. I wish to make sure every- I will not criminalize what is a war. I combatant determination to be a de body has a chance to say: I am not an will not put this Nation in the box of facto life sentence. enemy combatant. But I don’t want to having captured a terrorist, when the I am proud of this work product. We criminalize the war by capturing some- evidence is solid that we know they are go further than what the courts re- body on our soil and saying: You have part of the enemy trying to kill us and quire. The courts require a habeas re- a right to remain silent, when we say we have to give them a lawyer or view of any person held as an enemy would never read that right and let them go because of the passage of combatant. But at the end of the day, present that to them if we captured time. That makes no sense. we say you have an annual review. them overseas. Senator LEVIN, Senator MCCAIN, this That requirement is for people cap- We want to make sure we can gather is a product we should be proud of. We tured in the United States, held at intelligence, whether we capture them should fight for it, and we are going to Gitmo. It doesn’t apply to people held at home or abroad, whether they are an fight. If you want to make it a long in Afghanistan. Thank God it doesn’t. American citizen or not, if there is evi- fight, it will be a long fight. We are not But in circumstances where someone is dence they have joined al-Qaida. giving up. captured in the United States, held at To my colleagues, if you join al- Mr. MCCAIN. Will the Senator yield Guantanamo Bay, every person will Qaida, no matter where you join, no for a question? The PRESIDING OFFICER (Mr. have their day in court to challenge matter where you take up arms against the United States, we have every right BEGICH). The Senator from Arizona. the status of enemy combatant, and if Mr. GRAHAM. Yes. in the world to treat you as a military they are going to be held indefinitely, Mr. MCCAIN. I am a little puzzled. they are going to get an annual review threat. People who have joined al- Maybe the Senator from South Caro- process as to whether it makes sense to Qaida are not members of a mob. They lina has a response to this. Perhaps hold them for 1 year. are not trying to enrich themselves. Chairman LEVIN does. We did give a na- Again, I wish to emphasize in war we They are trying to put the world into tional security waiver, which is very do not have to let people go who are a darkness. Our laws need to distinguish generous, in that the President just danger. Most of these cases are intel the difference between a guy who has to certify that it is in the national cases. We are not fighting a crime, we robbed a liquor store and somebody interest. are fighting a war. If the intelligence is who wants to blow up an airplane over Mr. GRAHAM. Right. good enough to convince a Federal Detroit or blow up innocent people in Mr. MCCAIN. Why does he think that judge that this person is a military Times Square. If you do not understand would not be acceptable if there were a threat, why in God’s name would you that difference and if you do not have case where an individual would be held want to let him go because of the pas- a legal system that can recognize that by civilian authorities rather than sage of time? Our message to al-Qaida difference, then we have failed the military authorities? recruits is don’t join al-Qaida because American people. Mr. GRAHAM. The only answer I can you could get killed or wind up dying This is a good work product. It has give to Senator MCCAIN is that there is in jail. Isn’t that the message we want strong bipartisan support. We worked a legitimate concern about encroach- to send? Why in the world would we re- with the administration. But we are in ing on executive power. I have that quire our Nation to release somebody a long war where a lot is at stake. I concern. The executive branch is the when the evidence presented to a Fed- have tried to be as reasonable as I lead agency in this war. They are the eral judge is convincing enough for him know how to be, and this work product lead agency when it comes to pros- to sign off on what the military deter- is the best effort of a lot of well-mean- ecuting crime. But what I am trying to mined at an arbitrary point in time? ing people, Republicans and Demo- do, along with his help and that of Sen- That doesn’t make us better people. It crats. I will defend it. If you want to ator LEVIN, is to create statutory au- would make us less safe. keep arguing about it, some people sug- thority for this President and future This bill is a very sound, balanced gested we will talk a long time about Presidents that will serve the Nation work product, and I will stand by it, I this—yes, we will talk a long time well. will fight for it, and I respect those about this. We will have a good discus- Congress has been too quiet and too who may disagree. But why did we take sion among ourselves as to whether an silent. During the Bush years, we did out the language Senator LEVIN wanted al-Qaida operative caught in the not assert ourselves enough. We let me to put in about an American citizen United States gets more rights than if things go. We were reluctant to get in- could not be held indefinitely if caught we caught him overseas. We will have volved. Now we are involved in a con- in the homeland? The administration an argument among ourselves as to structive way. asked us to do that. Why did they ask whether our military should be able to What we have said as a Congress, if us to do that? It makes perfect sense. If gather intelligence to protect us, re- this bill passes, is that the executive American citizens have joined the gardless of where the person is cap- branch has flexibility, but the Congress enemy and we captured them at home, tured, and the question for the nation of the United States—which has powers we want to make sure we know what is: Is America part of the battlefield? when it comes to war—believes that an they are up to, and we do not want to You better believe it is part of the bat- al-Qaida operative, those associated be required, under our law, to turn tlefield. This is where they want to with al-Qaida, should be initially held them over to a criminal court, where come. This is where they want to hurt in military custody because we are try- you have to provide them a lawyer at us the most. If they make it here, they ing to gather intelligence. As I tried to

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7670 CONGRESSIONAL RECORD — SENATE November 17, 2011 explain, if you turn them over to civil- to be up to the President. We may dis- rights. You have to present them to ian authorities for law enforcement agree with that or not. court. purposes, then the whole process of in- Mr. GRAHAM. Exactly. If they are in military custody, you telligence gathering stops. You have to Mr. LEVIN. There are Members of don’t have to do that. But what system read Miranda rights. There is a very our body who very strongly disagree fits the situation best should be left to limited public safety exception. We with that. the executive branch. We are just cre- allow a waiver if that is in the best in- Mr. GRAHAM. Right. ating an avenue for military custody terests of our national security. We Mr. LEVIN. But that is not who is that can be waived. have requirements in the bill not to going to decide. We are not going to Mr. LEVIN. That is correct, pro- impede interrogation. That is why we make the decision that the person is viding flexibility which we should pro- are doing this, because we want a proc- going to be given or not given civilian vide in order for the executive branch ess that will allow us to deal with peo- interrogation. That decision is going to to have what they want, which is the ple caught in the United States in a be made by a President who sets the flexibility. There, I think, many of our consistent way from administration to procedures for interrogation and will colleagues believe there is too much administration and understand the dis- decide whether to provide a waiver; is flexibility. But whether that is right tinction between gathering intel- that correct? or—— ligence to defend yourself in a war and Mr. GRAHAM. That is contract. If I Mr. GRAHAM. Oh, yes, they are over prosecuting a crime. might continue the conversation for a here. There are plenty of them. Mr. LEVIN. But whether they are Mr. MCCAIN. Everyone we capture minute, if you don’t mind. Would the right or wrong, the facts are in this bill may not be as stupid as the couple who Senator agree with me that if we all of there is flexibility. It is carefully laid waived their Miranda rights. One of a sudden required our soldiers to read out. The President will lay out the pro- them is going to be pretty smart and Miranda warnings to an al-Qaida opera- cedures and notify the Congress of certainly not waive their Miranda tive caught in Afghanistan, people those procedures. But the point is, we rights. Wouldn’t that make sense over would think we were crazy? do provide the very flexibility that the time? Mr. LEVIN. I would think it would be President of the United States has Mr. GRAHAM. The Senator is abso- a very bad policy. sought. We give them that flexibility, lutely right. The flexibility of whether Mr. GRAHAM. OK. What if we have and it seems to me for the character- to Mirandize somebody exists. I don’t the very same person who made it out ization of this bill to be that there is know what is the best way. I do believe of Afghanistan and makes it to Amer- ica. I think most people would want us no flexibility, that somebody must go the best start is to take the Christmas into military detention, is inaccurate. Day Bomber off the plane and interro- to gather intelligence to find out what is coming next. Would the Senator We ought to debate policy, but we gate him in terms of what he knows should not debate what the words of a about future attacks, how he planned agree with me, if you put someone in civilian control for the purpose of pros- bill are. this attack, and worry about prosecu- One other thing. Is it not correct ecution, intelligence gathering be- tion in a secondary fashion. The only that when it is said, as the Senator comes very difficult? way you can do that is through a mili- from California did, that this provision Mr. LEVIN. Not necessarily. I think tary custody intelligence-gathering has unprecedented and new authority there are occasions where the civilian process. for indefinite detention of American interrogation may be actually more At the end of the day, I do believe it citizens without trial, that as a matter workable. makes a lot of sense for the Congress of fact we had in section 1031, in the Mr. GRAHAM. OK. Fair enough. But to weigh in. We have not done it before. bill filed months ago, language which does the Senator agree with me that We have balanced this out. The admin- would have exempted American citi- you cannot indefinitely hold someone istration’s concerns have been met as zens? It was the administration that under domestic criminal law without much as I know how to meet them, and wrote 1031 the way it is now and has presenting them to court or reading I am very proud of the work product. approved of that language; is that not them Miranda rights? Mr. LEVIN. Will the Senator yield correct? for a question? Mr. LEVIN. That is correct—indefi- Mr. GRAHAM. That is absolutely Mr. GRAHAM. Yes. nitely. But how long that lasts is a pro- correct. Let’s talk about indefinite de- The PRESIDING OFFICER. The Sen- cedure the President is going to deter- tention and what it means. When some- ator from Michigan. mine. one is captured as a member of al- Mr. GRAHAM. Right. But here is the Mr. LEVIN. The Christmas Day Qaida—the Bush administration has point we are going to make. Some of us Bomber, I believe he was taken off that had people at Guantanamo Bay for believe that presentment to a court plane in Detroit, he was interrogated years. They are being held under the and a Miranda warning may not be the by the FBI; is that correct? law of war. Does the Senator agree best way to go, in terms of gathering Mr. GRAHAM. Yes, I believe so. with that? Mr. LEVIN. There was nothing wrong intelligence. Under military custody Mr. LEVIN. I am sorry? with that. That was the choice of the for intelligence gathering there is no Mr. GRAHAM. The Bush administra- executive branch. It worked here. right to remain silent; does the Sen- tion has had prisoners held at Guanta- Mr. GRAHAM. Nothing wrong with ator agree with that? namo Bay for years now who have not that. Mr. LEVIN. Under military custody, been prosecuted. They are held under Mr. LEVIN. We make it flexible. This yes. the law of war. is something which I heard today from Mr. GRAHAM. So we are starting the Mr. LEVIN. That is correct. the supporters of this amendment. game with military custody but for the Mr. GRAHAM. The Obama adminis- They want flexibility. reasons the Senator just said—and tration has continued to hold at least Mr. GRAHAM. Right. they may be good reasons, to say that 48 under that same theory. Mr. LEVIN. That is exactly what we is not the right way to go—they can go Mr. LEVIN. And believes they have provide in this amendment. That is the down another path. That is all we are that authority. question Senator MCCAIN just asked: If trying to do. Because there is a sort of Mr. GRAHAM. I believe they are this administration or any administra- a gap when it comes to someone caught right. All the Congress is saying to the tion decides that they want to provide in the United States. We are trying to President—this one and future Presi- the civilians with opportunity to inter- provide clarity, what to do with an al- dents—is we agree with you, that if the rogate, for whatever length of time Qaida member caught in the United person is a member of al-Qaida or an they want, they are going to set the States, to create flexibility but start affiliated group, you can hold them as procedures under this language in our the process with intelligence gathering an enemy combatant without the re- bill; is that not correct? The President because, in the United States, if you quirement to let them go at an arbi- will determine the procedures. If he hold someone, under the law enforce- trary point in time, but under the law, wants those procedures to be civilian ment model, caught in the United if they are at Guantanamo Bay or cap- control until some point, that is going States, you have to read them their tured in the United States, they have a

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7671 habeas right to appeal that determina- combatant wherever they are on Earth a time when an article 3 court is better tion to a judge. and, therefore, they should be under than a military commission court for Under our bill, does the Senator military custody unless there is some an al-Qaida operative. I don’t want the agree with me, we have done more than reason that the President determines Congress to say article 3 courts could that? We have created an annual re- otherwise. never be used. I don’t want the Con- view process so the person being indefi- The counterargument we are hearing, gress to say military commissions are nitely held will have some due process in summary, is that because that al- bad. We now have a good military com- every year? Qaida operative is apprehended in the mission system. We have a process Mr. LEVIN. The Senator is correct. United States, therefore, they should where the homeland is part of the bat- The Senator has led the way to have fall under civil authority, thereby ne- tlefield. The individual being captured this kind of additional protection for gating the assumption that he is an on our homeland can be held to gather those prisoners. There is greater pro- enemy combatant; he is a common intelligence under military law. And if tection in this bill because of that re- criminal. This is a very important somebody is smarter than us and be- view process than there is without this principle in this discussion we are hav- lieves that is not the right model, they bill. ing. can change the model. Mr. GRAHAM. Right. And we should How do you treat a suspected al- That is the best we can do, and that do that. Qaida terrorist who wants to, in the is the best I am going to do because I Mr. LEVIN. If I could, one other case of the Underwear Bomber, blow up am very worried that in the future we question, because the Senator is an ex- a plane with 100 some-odd passengers are going to lock ourselves down into pert on this subject. Is it also not true on it? Shouldn’t that person be treated policies that would have an absurd out- for the first time in terms of deter- as an enemy combatant and, therefore, come that if you made it to America, mining whether a person is, in fact, subject to all of the rules of military we cannot gather intelligence, which somebody who needs to be detained people who are under the supervision of would be crazy. There is no good reason under the law of war—for the first time the military? Isn’t that what we are for that. when that determination is made, that debating here? The ACLU and the left, Mr. LEVIN. Would the Senator yield? person is entitled to a lawyer and enti- with all due respect, feel that person Mr. GRAHAM. Yes. tled to a military judge? should be—first of all, that al-Qaida Mr. LEVIN. In addition to providing Mr. GRAHAM. Let me tell the Sen- operatives should be treated under our in this bill that the determination as ator how he is dead right. I offered an criminal system rather than treated as to whether somebody is al-Qaida is to amendment to the first bill we put on an enemy combatant who wants to do be made through procedures which the the table here on the floor about this, great harm to the United States of President will adopt, No. 1, which is and I had a requirement of a military America. Is that an accurate descrip- flexibility. lawyer being given to the respondent tion of what we are talking about here? Mr. GRAHAM. Right. at a combat status review tribunal. Mr. GRAHAM. Yes, with one caveat. Mr. LEVIN. No. 2, that determination Every person being held as an enemy There is a line of thinking that we shall not interfere with any interroga- combatant by our military gets a com- should be using Federal courts exclu- tion which is undertaken by civilian or bat status review tribunal. We are say- sively, that military commissions are any other authorities; is that not cor- ing that tribunal has to be chaired by not appropriate in any circumstance, rect? And, finally, on top of that, there a military judge, and we are saying and that we should be using the law en- is a waiver that is provided. We have they can access a lawyer. That, to me, forcement model once we deal with an all of that protection. So the state- is a welcomed change. al-Qaida operative, particularly here in ments that are made on this floor and The Obama administration and the the United States. in some of the press that somehow or Bush administration decided to put the What we are saying in this legisla- other we are pushing everybody who is military judge requirement in place. tion is that the battlefield includes our determined to be al-Qaida into the But this now is a statutory require- own homeland. So that argument being military detention system is not accu- ment, so the next President is going to made by the ACLU, I think, will bear rate because we have those three pro- be bound to do that. We are trying to that because most Americans feel we tections, the procedures for that deci- create a process to allow a status tri- are not dealing with somebody who sion as to whether someone is al-Qaida, bunal hearing to be done in a more due- robbed a liquor store. These people our procedures, which the President is process friendly fashion. We require a present a military threat, and we going to adopt; secondly, we only apply judge and we provide access to counsel. should be able to gather intelligence in this to al-Qaida, not to everybody who To me that is a giant step forward. a lawful way. might be captured; and, third, we have Mr. LEVIN. And it is the law for the The administration’s concern was, a waiver for triple protection to pro- first time; is that not correct? are we overstepping Executive power. I tect what the Senator rightly is sen- Mr. GRAHAM. For the first time it is have, quite frankly, said I am con- sitive to, and that is there be flexi- now not the whim of the administra- cerned about that. Peter was concerned bility in the executive branch. tion. It will be the law of the land. about that; Dave was concerned about All of us may say we want it done Mr. MCCAIN. If this bill is enacted. that; I have been concerned about that one way or another. We may presume Mr. GRAHAM. If this bill is enacted. because I don’t believe you can have it be done one way or another, we may Mr. MCCAIN. To kind of summarize 535 attorneys general or commanders wish that it be done one way, civilian this issue for our colleagues, we believe in chief. or military. Some of us may have dif- an al-Qaida operative is an enemy com- What we did to accommodate that ferent opinions. That is not the point. batant and, therefore, the assumption concern is what the Senator from Ari- That is not the issue. The issue is what should be that that enemy combatant zona said, we started out with a mili- does this bill provide. This bill provides should be under military custody tary custody requirement that can be a reasonable amount of flexibility and whether it be in the United States or waived and the procedures to be waived does not tell the President you must any place else? are in the hands of the executive turn somebody who is suspected of Mr. GRAHAM. That is correct. branch. As Senator LEVIN has indi- being al-Qaida over to the civilians at Mr. MCCAIN. I would argue espe- cated, this, to me, is very flexible and any point or to the military at any cially in the United States since that is so flexible that I feel very good point. poses the greatest threat. However, about it. Mr. GRAHAM. If I may add another with our assumption that that person If it were a mandate to put every- layer of process here. Some people on should be held under military custody, body in military custody and try them our side say that is way too much. You we still give a very wide waiver in case in military commissions, even though I should throw these people in military— there are extenuating circumstances. think that is the best thing to do, I Senator LIEBERMAN, my dear friend, if In other words, we are saying that we would object, because the flexibility to you left it up to him, everybody caught assume an al-Qaida operative, or a sus- make those decisions needs to be had as an al-Qaida operative would be pected al-Qaida operative, is an enemy in the executive branch. There may be thrown in military custody and would

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7672 CONGRESSIONAL RECORD — SENATE November 17, 2011 be held as long as we need to hold them friendly to due process. The reason I amount of time that can be spent on and would be tried by military commis- am so passionate about this is what we this bill. I realize how important it is sions. do sets a precedent for the world and to him, but we have no further speak- At the end of the day that is sort of the future. If one of our guys is cap- ers right now. I know the Senator from where I come out, but I am not going tured, I can look the other people in Illinois wishes to speak on it. But to create a 535-commander-in-chief the eye—al-Qaida could care less, but would it be agreeable that after we body here because there are times other people might—and say we are a have exhausted the number of speakers when that may not work. What we rule of law nation. I believe in the rule that we could go ahead and vote on the have done is what the Senator said. If of law, but there is a difference be- amendment? you capture someone at home, it is as tween the rule of law of fighting a Mr. DURBIN. No. It is not pending. the Senator described. The reason, to crime and fighting a war. Mr. MCCAIN. It is too bad. Let me my colleagues on this side, I wanted to I am proud of the military legal sys- just say to the Senator from Illinois, build in the things the Senator de- tem. I do believe the military justice this is an important issue, and I under- scribed is because I am very worried system has a role to play in this war. stand how important it is to him. But about crossing over out of our lane into In military commissions, the judges this legislation has a lot to do with de- the executive lane. I think we have cre- are the same judges who administer fending this country. For the Senator ated a great process. justice to our own troops, the same to hold up the entire bill because he But here is what happens to that al- prosecutors, the same defense attor- doesn’t think it has been discussed Qaida operative. Not only does the ex- neys, the same jurors. I am proud of enough is a disservice to the men and ecutive branch have the flexibility to the military legal system. I am proud women in the military whose concerns go one way versus the other, starting of the Federal court system. I want to and needs this bill addresses, as well as with the idea of military custody, but use both. the needs of the Nation’s security. all the things the Senator said are Senator LEVIN, we have been working So we took up this amendment in the true. on this for years. This is the best work belief that we were going to go ahead What do they have beyond that? If product I have seen. I hope my col- and debate it and vote on it. So the someone is being held as an enemy leagues will understand we have Senator from Illinois, if we are forced combatant, there are regulations re- thought long and hard about this, and to not be able to complete work on this quiring that they be presented to a if we don’t get a process in place that legislation, I think bears a pretty combat status review tribunal, now has some definition, some certainty, heavy burden because we have a lot of with a military judge, access to coun- some guidance, we are letting our Na- other provisions in this bill that are sel—I think it is within 60—I cannot re- tion down. also vitally important to the security member the time period. That is done. This is a good bill, and I hope people of this Nation. Then they have the right to take that will vote for it. We have had spirited debate. I have decision and appeal it to a habeas Fed- Mr. LEVIN. If this bill contained the been involved in this legislation of the eral district court judge. national defense authorization bill for No one in America is going to be held provisions as described by our friend a quarter of a century. We have moved as an enemy combatant who doesn’t from California, I would vote against forward and we have had debate and we get their day in Federal court. But our bill. Mr. GRAHAM. So would I, at my own have had votes. I hope we can do that their day in Federal court is a habeas proceeding, not a criminal trial. If the detriment. now so we can move forward to other I don’t want to mandate the execu- judge agrees with the United States issues. tive branch to do everything as The Senator from Kentucky is on the that you are, in fact, an enemy com- LINDSEY GRAHAM would like. I want to Senate floor with an amendment he batant, then you can be held indefi- start with a theory that makes sense would like to have debated and voted nitely, but we require an annual re- view. If the judge lets you go, they and provides flexibility to change it if on, and we have about 100 more. So I have to let you go. This is the best we that makes sense. I don’t want any- say to the Senator from Illinois that can do. This is a hybrid system. In no body to be in jail because somebody in after we have had sufficient debate, I other war do you have access to a Fed- the military said they are an enemy hope we can go ahead and vote on the eral court. combatant. I want a Federal judge in- amendment. As I said before, this is war without volved in a sensible way. I want due The PRESIDING OFFICER. The Sen- end, and if we don’t watch it, an enemy process to make sure we can tell the ator from Illinois. combatant determination can be a de world: You are not sitting in a jail be- Mr. DURBIN. Mr. President, I don’t facto life sentence because there will cause somebody said you were guilty of know—I now have the floor, so I will never be an end to these hostilities something. You had a chance to chal- proceed. probably in my lifetime. I recognize lenge that. But to the critics: I will not First, let me thank the Senator from that. And in working with the Senator stand for the idea that we can’t defend Arizona. We have served together in from Michigan and Peter and others, ourselves under the law of war, because the House and in the Senate. I respect we have come up with a process now I believe we are at war. In war, we have him very much. I certainly have the that allows the Federal court to review the right to hold enemy prisoners. We highest respect, as well, for the Sen- the military decision. We will have an don’t have to let them go to kill again. ator from Michigan. But I will tell my annual review process if the judge In war, you can hold people and gather colleagues this: If the argument is, if agrees with the military. That, to me, intelligence in a human way. we don’t vote on this amendment to- is due process that makes sense in a That is what we are able to do under night the security of the United States war without an end; something you this bill—fight a war within our values. is in peril, that is a little hard to make would not do in World War II, but I yield. because we are not going to finish this something we need to do here. The PRESIDING OFFICER. The Sen- bill tonight, No. 1. No. 2, it is pretty So to the critics, please read the ator from Arizona. clear the administration opposes this damn bill. I apologize for saying it that Mr. MCCAIN. Mr. President, I see the particular amendment, at least I have way, but you are talking about things Senator from Illinois on the Senate been told they do. No. 3, if we are talk- that don’t exist. There is plenty of floor, whom I know is very heavily in- ing about something as fundamental as flexibility and waiver requirements in volved in this issue. I think we have changing some laws in this country rel- this bill. No one is being held indefi- been debating this amendment now for ative to the U.S. Constitution, I have nitely without due process. Not only is about 3 hours, at least, and we have to agree with Senator LEAHY, the this due process you wouldn’t get in had a number of speakers from both chairman of the Judiciary Committee, any other war, this is due process be- sides. and Senator FEINSTEIN, the chairman yond what exists today only if we can I hope that perhaps we can go ahead of the Intelligence Committee, that pass this bill. and vote on this amendment. I was in- this great body should take the time, I don’t mind being considered by formed and the chairman was informed debate the issue, and vote on it in a some of my colleagues as maybe too by Senator REID that there is a limited timely fashion.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7673 I am not here to filibuster this mat- I yield to the Senator from South Mr. REID. I accept the modification ter, but I am here to discuss it. Carolina if he has a question he would with pleasure. To those who have come to the floor like to direct through the Chair. The PRESIDING OFFICER. Without and said it is imperative to move now Mr. GRAHAM. I thank the Senator objection, it is so ordered. to change the way we deal with ter- from Illinois. I wish to respond. No. 1, Mr. REID. Finally, we will get some rorist detainees in the United States, I it is good to debate. It is good to have people offering some amendments. would like to make a record for them. discussions about important matters. Mr. LEVIN. If I could just comment For the record, over the last 10 years The Senator from Illinois is right. very quickly to my friend from Illinois. we have dealt with alleged terrorists in There is nothing more important than Mr. REID. Can we get the consent? the United States. During that 10-year defending the homeland. Mr. LEVIN. I think the Chair ordered period of time 300 alleged terrorists Now, let me just state the law as I it. have been successfully prosecuted in understand it. The Hamdi case was an The PRESIDING OFFICER. Yes. the criminal courts of America and in- American citizen captured in— Mr. REID. The Senator from South carcerated safely in American pris- Mr. REID addressed the Chair. Carolina has the floor. The PRESIDING OFFICER. The ma- ons—300. During that same 10-year pe- Mr. GRAHAM. I yield if it will make jority leader. riod of time, six—count them, six— this proceed faster. Mr. REID. Would my friend from Mr. LEVIN. I just wanted to ask the have been subjected to prosecution South Carolina allow a unanimous con- through military tribunals. So the Senator a question. sent request? Mr. REID. I would say to my friend, score is 300 to 6 for those who want to Mr. GRAHAM. Absolutely. change the system, with 300 saying we my friend from South Carolina yielded UNANIMOUS CONSENT AGREEMENT—CONFERENCE have a pretty darn good Federal Bu- to me for a unanimous consent request. REPORT TO ACCOMPANY H.R. 2112 The PRESIDING OFFICER. The Sen- reau of Investigation, we have excel- Mr. REID. I ask unanimous consent lent lawyers at the Department of Jus- ator from South Carolina has the floor. that the Senate now proceed to the Mr. GRAHAM. If I may respond to tice, and the American court system consideration of the conference report my friend from Illinois, Hamdi was an has responded well to keep us safe. So to accompany H.R. 2112, an act making American citizen captured in Afghani- the notion that this has to be changed consolidated appropriations for the De- stan. He had joined al-Qaida—the tonight to keep America safe, I don’t partments of Agriculture, Commerce, Taliban, I guess in that case. We cap- know there is any evidence to support Justice, Transportation, and Housing tured him when we went into Afghani- that. and Urban Development and related stan. We brought him back and we held I listened to some of the arguments programs; that there be up to 90 min- him as an enemy combatant for intel- on the Senate floor, and I wish to call utes of debate, equally divided between ligence-gathering purposes. His case to the attention of my colleagues that the two leaders or their designees; that went to the Supreme Court. The Su- this is not an insignificant change in upon the use or yielding back of time, preme Court said we could hold an the law. If section 1031 is enacted into the Senate proceed to vote on the adop- American citizen as an unlawful enemy law, for the first time we will be saying tion of the conference report; further, combatant, we just have to create pro- in the law that we can detain indefi- that the vote on adoption be subject to cedures, a due process requirement. nitely an alleged terrorist who is an a 60 affirmative-vote threshold. Eventually, the court said every un- American citizen within the United Before there is a response to my re- lawful enemy combatant has a habeas States of America. quest, I would tell everyone we are right. Mr. GRAHAM. Would the Senator going to be in session tomorrow. I have The law of the land is clear that an yield? spoken to the two managers of the bill. American citizen helping the enemy Mr. DURBIN. I will yield after I com- We will likely not have votes tomor- overseas can be held indefinitely. But plete my point. I believe most of us feel row. In fact, I don’t think we will have they have the right to petition a judge if someone is charged with terrorism— votes tomorrow. But I would say to all as to whether the initial determination an American citizen—that normally Senators if they have amendments to was correct. If the habeas judge be- they would be subjected to constitu- offer, they should offer them because lieves there is not enough evidence to tional protections and rights as Amer- the time for the Defense authorization hold this enemy combatant, then they ican citizens. For those who believe in bill is winding down. People can’t sit have to release them. But if the judge military tribunals—and I know the around and say we will do something agrees with the government that there Senator from South Carolina does be- next week because next week may be a is enough evidence to hold them as an cause he has been engaged in them per- lot shorter. enemy combatant, they can be held in- sonally and feels they are an honorable Mr. LEVIN. Will the leader yield for definitely. This President is holding 48 and effective way of prosecuting indi- a question? people at Guantanamo Bay who have viduals—he knows, as I do, we have Mr. REID. I would like to change never seen a criminal courtroom be- gone through in the last 10 years a se- that from 90 minutes to 120 minutes. cause of the theory of law of war. The PRESIDING OFFICER. Is there ries of Supreme Court cases that have The PRESIDING OFFICER. The Sen- objection? questioned whether we are handling ator from Illinois. military tribunals in the right fashion. The Senator from Kentucky. Mr. PAUL. Mr. President, reserving Mr. DURBIN. I say to the Senator The law is not settled when it comes the right to object. from South Carolina, I yielded for a to military tribunals, but the law is Mr. LEVIN. Would the Senator yield question. clearly settled when it comes to article for a question? I think I may be able to The PRESIDING OFFICER. That is 3 criminal courts, to the point that 300 satisfy Senator PAUL, I hope. correct. alleged terrorists have been success- Mr. PAUL. Yes. Mr. DURBIN. Can the Senator bring fully prosecuted and convicted. Mr. LEVIN. Would the leader make it to a question? So I think this is worthy of debate. It that unanimous consent effective after Mr. GRAHAM. The question is—I for- is a valid issue. The security of Amer- there is 5 more minutes of discussion get what I said. ica will always be a valid issue on the between ourselves? Mr. DURBIN. Let me just say to my floor of the Senate. But let’s do it in a Mr. REID. We can make it effective colleague, whom I respect and count as thoughtful way. This matter was not after a half hour of discussion. a friend, the critical difference between referred to the Senate Judiciary Com- Mr. LEVIN. And after Senator PAUL the Senator from Michigan and the mittee. It was not referred to the Sen- calls up an amendment and after Sen- Senator from South Carolina is this: ate Intelligence Committee. It was de- ator MERKLEY calls up an amendment The Hamdi case involved an American cided by the Armed Services Com- and then lay them aside. citizen, part of the Taliban, arrested in mittee. As good as they are, as great as The PRESIDING OFFICER. Is there Afghanistan, OK? The Senator from the people are who serve on that com- objection to the modified request? South Carolina made that point when mittee, there are others who should Mr. LEVIN. Would that be accept- he said the word ‘‘overseas.’’ Unfortu- have a voice in the process. able? nately, section 1031 does not create

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The Authorization for Use of Military That is the law of the land, and that with terrorism, without any connec- Force Against Iraq Resolution of 2002 (Public tion to overseas conduct—having been Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 is why the administration came over arrested overseas, I should say—is still note) is repealed effective on the date of the and said the provision that Carl and I going to be subject to indefinite deten- enactment of this Act or January 1, 2012, were talking about really would change tion. whichever occurs later. the law. They are preserving the abil- The only thing I would add is this: I Mr. PAUL. Mr. President, this ity, if they want to—they do not have think this is a good exchange, and I amendment will call for a formal end to do this—basically, to hold an Amer- think we need more. The notion that to the war in Iraq. Our Founding Fa- ican. we have to hurry up and get this done thers intended the power to commit Here is the thought process for the in the next 5 minutes is not, I don’t the Nation to war be lodged in Con- body and the Nation: If you capture think, an appropriate way to deal with gress, and that is what the Constitu- somebody—not just involved in ter- this. I know Senator PAUL and Senator tion says. The power to declare war is rorism; that is not just what we are MERKLEY are waiting, and I am pre- one of the most important powers talking about—al-Qaida operatives in- pared to yield the floor at this point. given to Congress, and it should remain volved in an attack on the United If this matter comes up again this in Congress. States, if they are an American cit- evening, I hope we can engage in fur- James Madison wrote at the begin- izen—who cares?—if they are doing ther discussion. ning in the Federalist Papers that that, we want to know what they Mr. LEVIN. I just have a question, if ‘‘[t]he Constitution supposes what his- know, interrogate them and hold them the Senator would yield, of the Senator tory demonstrates, that the Executive for prosecution, or just hold them so from Illinois. is the branch most prone to war . . . they will not go back to the fight. That Mr. DURBIN. Sure. therefore the Constitution has with is the law. Mr. LEVIN. Is the Senator aware of studied care vested that power [to de- All we are doing is creating a proce- the fact that section 1031 in the bill we clare war] in the Legislature.’’ dure for that system to be followed. We adopted months ago in the committee We are calling for a formal end to the are not doing anything different than had exactly the language that the Sen- war in Iraq as the troops come home, already exists. This notion, somehow, ator from Illinois thinks should be in as the President has planned by Janu- that the homeland is not part of the this section 31, which would make an ary 1. This will reclaim the power to battlefield is absurd. Why in the world exception for U.S. citizens in lawful declare war that is vested in Congress. would we give somebody rights who residence? That was in our bill. I am It allows for checks and balances and is came to America to attack us different wondering if the Senator is aware that an important milestone and an impor- than we would if we caught them over- the administration asked us to strike tant retaining of power for Congress. seas, when the point is, they are in- that language from section 1031 so that So I will ask very careful deliberation volved with the enemy—American cit- the bill in front of us now does not of a formal end to the war in Iraq by izen or not. We are just creating a pro- have the very exception the Senator supporting this amendment. cedure that will allow that situation to from Illinois would like to see in there. At this time, I would like to yield the be handled. So that is why the adminis- Mr. DURBIN. I have the greatest re- floor to Senator MERKLEY. tration objected to our language, and I spect for the Senator and the adminis- Mr. MCCAIN addressed the Chair. think they are right. tration, but I think I am also entitled The PRESIDING OFFICER. The Sen- I yield the floor. to my own conclusion. ator from Arizona. The PRESIDING OFFICER. The Sen- Mr. LEVIN. No, I understand. But I Mr. MCCAIN. Mr. President, just ator from Oregon. am just asking the Senator, is the Sen- briefly, I would ask the indulgence of AMENDMENT NO. 1174 ator aware it was the administration the Senator from Oregon. I just would Mr. MERKLEY. Mr. President, I ask that asked us to strike that language, ask the Senator from South Carolina if unanimous consent to set aside the the exception for U.S. citizens? he would finish the response, and I am pending amendment and call up my Mr. DURBIN. Not being a member of sure it would only take him 2 or 3 min- amendment No. 1174. the committee, I did not follow it as utes to finish. The PRESIDING OFFICER. Without closely as the Senator did. I respect Mr. GRAHAM. I promise, I will. objection, it is so ordered. The clerk him very much and take his word. Mr. MCCAIN. So I ask unanimous will report. Mr. LEVIN. I thank the Senator. consent that Senator MERKLEY be rec- The legislative clerk read as follows: Mr. DURBIN. I yield the floor. The PRESIDING OFFICER (Mr. ognized after the Senator from South The Senator from Oregon [Mr. MERKLEY], Carolina speaks for a couple minutes. for himself, Mr. LEE, Mr. UDALL of New Mex- FRANKEN). The Senator from Ken- The PRESIDING OFFICER. Without ico, Mr. PAUL, and Mr. BROWN of Ohio, pro- tucky. objection, it is so ordered. poses an amendment numbered 1174. AMENDMENT NO. 1064 Mr. MCCAIN. I thank the Senator Mr. MERKLEY. Mr. President, I ask Mr. PAUL. Mr. President, I ask unan- from Oregon. unanimous consent that reading of the imous consent to set aside the pending The PRESIDING OFFICER. The Sen- amendment be dispensed with. amendment and call up my amendment ator from South Carolina. The PRESIDING OFFICER. Without No. 1064. Mr. GRAHAM. Mr. President, the ex- objection, it is so ordered. The PRESIDING OFFICER. Is there change with Senator DURBIN was very The amendment is as follows: objection? good. The law of the land is pretty (Purpose: To express the sense of Congress Without objection, it is so ordered. clear—unequivocal, in my view—that regarding the expedited transition of re- The clerk will report. sponsibility for military and security oper- The legislative clerk read as follows: an American citizen captured overseas can be held as an enemy combatant, ations in Afghanistan to the Government The Senator from Kentucky [Mr. PAUL], of Afghanistan) for himself and Mrs. GILLIBRAND, proposes an and every enemy combatant held at Guantanamo Bay or captured in the At the end of subtitle B of title XII, add amendment numbered 1064. the following: United States has habeas rights. The Mr. PAUL. Mr. President, I ask unan- SEC. 1230. SENSE OF CONGRESS ON TRANSITION imous consent that reading of the Padilla case involves an individual who OF MILITARY AND SECURITY OPER- amendment be dispensed with. was captured in the United States, sus- ATIONS IN AFGHANISTAN. The PRESIDING OFFICER. Without pected of being an al-Qaida operative, (a) FINDINGS.—Congress makes the fol- and was held for 4 years. He appealed lowing findings: objection, it is so ordered. (1) After al Qaeda attacked the United The amendment is as follows: his case to the Fourth Circuit, and the Fourth Circuit said: You have a right States on September 11, 2001, the United (Purpose: To repeal the Authorization for States Government rightly sought to bring Use of Military Force Against Iraq Resolu- to a lawyer to prepare your habeas to justice those who attacked us, to elimi- tion of 2002) case, but you do not have a right to a nate al Qaeda’s safe havens and training At the end of subtitle B of title XII, add lawyer to interrupt the interrogation. camps in Afghanistan, and to remove the the following: You can be held as an enemy combat- terrorist-allied Taliban government.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7675 (2) Members of the Armed Forces, intel- job of completing the original missions The PRESIDING OFFICER. The ligence personnel, and diplomatic corps have of destroying al-Qaida training camps Levin amendment is now pending. skillfully achieved these objectives, culmi- and bringing justice to those respon- Mr. LEVIN. The Levin-McCain nating in the death of Osama bin Laden. sible for 9/11. amendment. (3) Operation Enduring Freedom is now the But over this past decade, our mis- The PRESIDING OFFICER. The longest military operation in United States history. sion has changed to one of nation Levin-McCain amendment is now pend- (4) United States national security experts, building—a mission that is obstructed ing. including Secretary of Defense Leon E. Pa- by vast corruption, by extraordinary Mr. MCCAIN. I thank the Presiding netta, have noted that al Qaeda’s presence in traditional cultural resistance to a Officer. Afghanistan has been greatly diminished. strong central government, and by a AMENDMENT NO. 1064 (5) Over the past ten years, the mission of very high illiteracy rate. These factors I would just like to say a couple the United States has evolved to include a should have us rethinking how to have words about the Paul amendment. I prolonged nation-building effort in Afghani- the most effective use of our military stan, including the creation of a strong cen- would just like to point out, we will tral government, a national police force and forces, our intelligence assets, in tak- still have 16,500 Americans in Iraq for army, and effective civic institutions. ing on the war on terror, and that we an extended period of time. Now, (6) Such nation-building efforts in Afghani- should be engaging in counterterrorist whether they should be there is the stan are undermined by corruption, high il- efforts using our resources wherever subject of another debate on another literacy, and a historic aversion to a strong the terrorist threat emerges across the day. But to then not be able to do central government in that country. world rather than concentrating these whatever is necessary to protect the (7) Members of the Armed Forces have vast resources in Afghanistan. lives and safety of those men and served in Afghanistan valiantly and with Our sons and daughters, fathers and women who will continue to serve the honor, and many have sacrificed their lives mothers, sisters and brothers could not and health in service to their country. country, sometimes in variously dif- (8) The United States is now spending near- have done a better job in their military ficult circumstances—I think this ly $10,000,000,000 per month in Afghanistan at mission. But it is right that now we do amendment is unwarranted. a time when, in the United States, there is less nation building abroad and we do Finally, I would like to ask my col- high unemployment, a flood of foreclosures, more nation building at home. It is leagues who have further views on the a record deficit, and a debt that is over right that now we refocus our effort to detainee issue if they would come over $15,000,000,000,000 and growing. have the most effective strategy to and add their voices to the debate and (9) The continued concentration of United take on terrorism around the world. It discussion because we would like to States and NATO military forces in one re- is in that philosophy that we come to- gion, when terrorist forces are located in dispose of this amendment. I respect many parts of the world, is not an efficient gether in a bipartisan fashion to pro- the desire of the Senator from Illinois use of resources. pose this amendment. We ask that col- that everybody be allowed to speak. We (10) The battle against terrorism is best leagues take a chance to consider it have been now speaking on this single served by using United States troops and re- and join us in redirecting our efforts to amendment for, I believe, well over 3 sources in a counterterrorism strategy be more effective. hours. against terrorist forces wherever they may Thank you, Mr. President. So if there is further discussion on locate and train. The PRESIDING OFFICER. The Sen- the Udall amendment, I would very (11) The United States Government will ator from Michigan. continue to support the development of Af- much like to have a vote on it so we Mr. LEVIN. Mr. President, first, I can bring other important issues before ghanistan with a strong diplomatic and ask unanimous consent to add Sen- counterterrorism presence in the region. the body. (12) President Barack Obama is to be com- ators AKAKA, CHAMBLISS, BLUMENTHAL, Mr. President, I yield the floor. mended for announcing in July 2011 that the INHOFE, GILLIBRAND, BEN NELSON, The PRESIDING OFFICER. The Sen- United States would commence the redeploy- STABENOW, and MARK UDALL as cospon- ator from South Carolina. ment of members of the United States sors of amendment No. 1092, which is Mr. GRAHAM. Mr. President, I ask Armed Forces from Afghanistan in 2011 and the pending Levin-McCain amendment unanimous consent to enter into a col- transition security control to the Govern- on counterfeit parts. loquy with my colleague from New ment of Afghanistan. The PRESIDING OFFICER. Without Hampshire. (13) President Obama has established a objection, it is so ordered. goal of removing all United States combat The PRESIDING OFFICER. Without Mr. LEVIN. Secondly, Mr. President, objection, it is so ordered. troops from Afghanistan by December 2014. we are going to move now, I believe, to (b) SENSE OF CONGRESS.—It is the sense of Mr. GRAHAM. We are talking about Congress that— the conference report. But I do want to this amendment. Let’s debate this (1) the President should expedite the tran- remind folks of what Senator MCCAIN amendment. Let’s vote on this amend- sition of the responsibility for military and said; which is, we will be here tomor- ment. But the heart of the issue is security operations in Afghanistan to the row morning. We are here to try to whether the United States is part of Government of Afghanistan; clear amendments. We want to be able the battlefield in the war on terror. (2) the President should devise a plan based to give our colleagues as much oppor- The statement of authority I authored on inputs from military commanders, the tunity as possible to debate and to diplomatic missions in the region, and ap- in 1031, with cooperation from the ad- propriate members of the Cabinet, along clear amendments. But we have to ministration, clearly says someone with the consultation of Congress, for expe- move this bill. We are not going to be captured in the United States is con- diting the drawdown of United States com- given a whole week after we come back sidered part of the enemy force regard- bat troops in Afghanistan and accelerating to get this bill passed, hopefully. less of the fact they made it on our the transfer of security authority to Afghan The PRESIDING OFFICER. The Sen- home soil. The law of war applies in- authorities prior to December 2014; and ator from Arizona. side the United States not just over- (3) not later than 90 days after the date of Mr. MCCAIN. Mr. President, what is seas. The authorization to use military the enactment of this Act, the President the pending business before the Sen- force right after the war began allowed should submit to Congress a plan with a ate? us to go into Afghanistan and use de- timetable and completion date for the accel- The PRESIDING OFFICER. S. 1867 is erated transition of all military and security tention and capture and military force still pending. operations in Afghanistan to the Govern- to deal with the enemy in Afghanistan ment of Afghanistan. Mr. MCCAIN. Is not the Paul amend- ment the pending business? and other places overseas. Mr. MERKLEY. Mr. President, I offer The PRESIDING OFFICER. The To my colleague from New Hamp- this amendment with several original Merkley amendment is pending. shire, does she believe al-Qaida con- cosponsors: Senator MIKE LEE, Senator Mr. MCCAIN. The Merkley amend- siders American soil part of the battle- RAND PAUL, Senator TOM UDALL, and ment is pending. field? Senator SHERROD BROWN. I would like Mr. President, I ask unanimous con- Ms. AYOTTE. In response to the Sen- to thank them for joining in this effort sent that the Paul amendment be the— ator from South Carolina, I would say, to address our military presence in Af- Mr. LEVIN. No. Regular order. unfortunately, our country is the goal ghanistan and the fact that our mili- Mr. MCCAIN. OK, that the regular for al-Qaida, and we saw that with Sep- tary forces have done such an excellent order be— tember 11 and the horrible attacks on

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7676 CONGRESSIONAL RECORD — SENATE November 17, 2011 our country that day that killed Amer- surd, I think it would make us all less ment system, they have to give Mi- icans. safe for no higher purpose. So to my randa rights. They have the right to They want to come here and harm us colleagues who believe we are changing presentment. We are simply saying and hit us where it hurts us the most. something, all we are trying to do is they have the option to make sure they So, unfortunately, America is part of make sure that when the enemy makes can put intelligence gathering as the the battlefield. To put ourselves in a it to America, we can hold them and top priority. position where we would not allow our gather intelligence to protect our- So this, as the Senator has identified military intelligence, law enforcement, selves, no more and no less. and talked about, is a very reasonable to have the tools they need to gather We start with the presumption of compromise. As the Senator knows, my the most intelligence to protect Ameri- military custody. But if the experts in colleague from South Carolina, I would cans on our soil would lead to an ab- the field, this administration or future have actually liked to have seen this surd result. administrations, believe that model is go further. But it is very important Mr. GRAHAM. Does the Senator not best, they can seek a waiver. That, that we bring this forward. agree that with Senator LEVIN and a to me, is what we should have been Mr. GRAHAM. I would add that Sen- very bipartisan work product we have doing for years. Because the battle- ator LIEBERMAN would have gone fur- now created a legal system that says field, to those who are listening, is an ther than the Senator. There is nobody the following: If a U.S. citizen, a non- idea, not a country. We are battling an whom I respect more than Senator U.S. citizen is involved in an al-Qaida idea; that is, a terrible idea. LIEBERMAN, but we are trying to find a attack on our Nation, and is captured Their idea is, if you are a moderate balanced way. within the United States, we are allow- Muslim seeking to worship God a dif- So in summary, 1032, the military ing our military the ability to hold ferent way, you are not worthy of liv- custody provision, which has waivers them as part of the enemy force, to ing. If you are a Jew or a Gentile, you and a lot of flexibility, does not apply question and interrogate them for in- name it, if you do not bow to their to American citizens, and 1031, the telligence gathering, and that right we view of religion, then you are going to statement of authority to detain, does have overseas to hold somebody now live in hell. So that is what we are apply to American citizens. It des- exists in the United States because the fighting. At the end of the day, this ignates the world as the battlefield, in- threat is the same? legislation creates a process to deal cluding the homeland. Ms. AYOTTE. I would say to my col- with the threats in our own backyard Are you familiar with the Padilla league from South Carolina, when he and, unfortunately, does the Senator case? That is a Federal court case in- spoke on the floor he captured the from New Hampshire agree, that there volving an American citizen captured most important part of this; that is, is going to be further radicalization, in the United States who was held for without the amendment we have been that homegrown terror is where this several years as an enemy combatant. debating, we do not even give our mili- war is going to? His case went to the Fourth Circuit. tary, law enforcement, intelligence of- Ms. AYOTTE. I would agree with the The Fourth Circuit Court of Appeals ficials the ability to decide which sys- Senator from South Carolina that un- said: An American citizen can be held tem is best in each incident. Rightly fortunately there are threats we face by our military as an enemy combat- so, when you are in our country, when within our own country from home- ant, even if they are caught in the you are an American citizen, you are grown radicalism. But also let’s not United States, because once they join given your Miranda rights. You are forget, this amendment, in terms of the the enemy forces, then they present a told: You have the right to remain si- military custody, applies to members military threat and their citizenship is lent. You have the right to have a law- of al-Qaida or associated forces who not a sort of a get-out-of-jail-free card; yer. We need to make sure we do not have planned an attack against our that the law of the land is that an create a distinction where if you are country or our coalition partners and American citizen can be held as an captured abroad, you are treated one are not U.S. citizens. So in this provi- enemy combatant. That went to the way—and we are giving our officials sion we are talking about foreigners Fourth Circuit. That, as I speak, is the maximum flexibility to gather as much coming to our country who are mem- law of the land. information as possible to protect our bers of al-Qaida and who want to harm Ms. AYOTTE. That is right. That is country—but if you make it here, the Americans, if we think about what the law of the land. That is what is re- rules are different, and we do not give happened on September 11. flected in this provision in the Defense the officials who are set to protect us I would also add, I think it is very Authorization Act. It is reflective of every day, both from a military and important what is in this important case law issued by our U.S. Supreme law enforcement end, the flexibility provision of the Defense Authorization Court, which in not only that case but they need to gather maximum intel- Act, in response to the Senator from in subsequent cases basically said, in ligence. California, who raised the case of Zazi those instances, you do have to provide It would just be an absurd result to as an example where she thought that habeas-type relief. treat it differently. It would almost en- case would be impacted by this amend- Mr. GRAHAM. In the Padilla case, courage: Come to America—unfortu- ment, that is simply, with all respect that went to the Fourth Circuit. The nately—to attack us because you will to the Senator from California, not the Hamdan case went to the Supreme actually be given greater rights if the case. Court. That was capture overseas. But attack occurs here. Because if one looks at the language the Fourth Circuit ruling stands that Mr. GRAHAM. Would the Senator in our amendment, we have given flexi- an American citizen captured in the agree that what we have been able to bility to the executive branch to con- United States can be held as an enemy do on the committee is basically say, duct the interrogations, to have sur- combatant. in law for the first time, that the veillance. So in the Zazi case, there But 1032, requiring military custody, homeland is part of the battlefield; was surveillance undertaken. We put is only for noncitizens captured in the that military custody is available to express language in here allowing the United States. So the bottom line is, I hold a suspected al-Qaida operative executive branch to allow law enforce- think we have constructed a very caught in the United States—American ment to conduct surveillance, to con- sound, solid system that deals with citizen or not—but we are going to duct interrogation. homeland captures and homeland allow the administration—this admin- I would point out that provision in threats. We have created due process istration and all future administra- terms of the amount of flexibility we that understands this is a war without tions—to change that model if they be- have actually given the executive end, that no one is going to be held in lieve it is best? branch. But most importantly, we have jail indefinitely without going to a To me, we have created a right by dealt with the issue the Senator talked Federal court to make their case that our intelligence community, law en- about, which is, in the absence of this they are unfairly held, that if the Fed- forcement community, to do at home provision, when terrorists come to our eral court rules with the government, what they can do overseas. If we do not country and attack us, we are in a po- there is an annual review process that do that, that would just not only be ab- sition where, under our law enforce- would allow the opportunity to get out

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7677 in the future based on an evaluation of ups. But if we catch someone here at Space Launch System, SLS, NASA’s the case. home or overseas who is involved deep- heavy lift rocket. The bill we will vote From a due process point of view, I ly in terrorism in terms of what they on this evening provides $1.86 billion to am very proud of the work product. I know, then we would hold them for a support SLS, $60 million above the think it makes sense. I think it is a period of time to question them. President’s request. The bill puts us on balance between our right to be safe Then, if you wanted to decide to a path towards regaining our rightful and our rights to provide individuals prosecute, military commissions make place as the world’s lead spacefaring with due process. But the big break- the most sense. So the only reason we nation. SLS will take us beyond low through is that we are now, for the have not had more military commis- Earth orbit, where we have been stuck first time as a Congress, creating a sys- sion trials is because they have been for decades, and once again make the tem that not only will allow this Presi- stopped. I am not saying Federal American space program the envy of dent flexibility and guidance, but fu- courts are not an appropriate venue the world. ture Presidents, and it will help us in sometimes. I am saying that when you It is only as a result of continual further court challenges. hold someone under the law of war for Quite frankly, the Congress is saying, years to gather intelligence, which you pressure from both houses of Congress through this bill, if someone is caught have a right to do, we need to keep that the U.S. has not completely for- in the United States, citizen or not, them in the same system, and you see feited space supremacy to the Russians joining al-Qaida, trying to do harm to what happens when you mix systems. and the Chinese. The Obama adminis- our Nation, we are going to create a I am very proud of the bill, great de- tration’s 2009 plan would have aban- system where you can be held, you can bate to have, long overdue. If we can doned NASA’s focus on manned explo- be prosecuted, you can be interrogated get this enacted into law, I will say ration and instead subsidized so-called within our values, and we are not going this: Americans can look anyone in the ‘‘commercial’’ space companies to per- to create an absurd result that if you world in the eye and say: We have ro- form endless taxi missions to low make it here, none of that applies. bust due process. We can also tell the Earth orbit. Apollo astronaut Eugene That is all we are trying to do. Does people in this country whom we are Cernan, rightfully called the Obama the Senator agree with that? sworn to protect that we have a system plan a ‘‘pledge to mediocrity.’’ Ms. AYOTTE. I would agree with that recognizes the difference between Fortunately, Congress has pushed that. The Senator has already pointed an al-Qaida operative trying to kill us back hard. Many of my Senate col- out how important it is to have these and destroy our way of life and a com- leagues and I joined to pass authoriza- provisions in place to give the officials mon criminal. We need to do both. tion and appropriations legislation re- who do this work every day whom we I yield the floor. quiring NASA to develop a 130 metric have so much respect for the ability to Mr. SHELBY. Mr. President, I rise to ton heavy lift vehicle that will take gather intelligence. speak regarding the Agriculture-CJS- America’s next generation of astro- We need this provision to protect our THUD Appropriations Conference Re- nauts to the moon and beyond. In country from attacks on our homeland. port that the Senate will be voting on countless hearings and private meet- It is so important. I would ask one today. I was the only conferee not to ings with NASA and the administra- question of the Senator from South sign this conference report and I regret tion we have come to an agreement Carolina. He is familiar with the mili- to say that I have serious concerns that the primary purpose of NASA is to tary commissions. with provisions in this bill. expand human frontiers, not serve as a Mr. GRAHAM. If I may, I think we The conference report contains lan- grant administrator for speculative need to move to the appropriations guage that will raise the loan limits for private ventures. Thankfully, after conference report. We will do it very FHA to over $729,000. I strongly oppose more than 2 years of continual pressure quickly. this language for three reasons. First, from Congress and the American peo- Ms. AYOTTE. I will ask the Senator this change means that FHA, along ple, we appear to have achieved a quickly. The Senator from Illinois said with the GSEs will continue to crowd breakthrough. NASA is moving ahead we have only had six civilian trials out the private sector. The government with SLS and this CJS Appropriations with terrorists. currently accounts for 96 percent of bill will ensure that they have the re- Mr. GRAHAM. Military commissions. mortgage-backed security issuance in sources to implement the plans the Ad- Ms. AYOTTE. Six military commis- this country. We desperately need pri- ministrator has laid out. sion trials and hundreds of civilian vate sector investment to return so trials of terrorists. I would ask the that we can finally achieve sustained It is important to note that the re- Senator, did the administration sus- growth in the housing market. Second, cently announced SLS acquisition pend military commission trials for a raising the loan limits for only FHA strategy goes to great lengths to con- period of time? puts further pressure on the FHA and trol cost and technical risk. The strat- Mr. GRAHAM. The reason we have the taxpayer. Just this week, we egy makes maximum use of existing not had more is because the Obama ad- learned that there is nearly a 50 per- contracts and flight-tested hardware ministration withdrew charges. Thank cent chance the taxpayers will need to from the Constellation and Shuttle goodness they have reinstated charges. bail out the FHA. Increasing the loan programs while leaving room for com- There are military commission hear- limit only increases the risk that the petition where appropriate. Neil Arm- ings going on as we speak. I am in the taxpayer will have to bail out FHA. Fi- strong recently told a House panel: camp of ‘‘all the above.’’ nally, this will cause the American ‘‘Predicting the future is inherently Sometimes article 3 courts are the taxpayer to subsidize homes for risky, but the proposed Space Launch best venue, sometimes military com- wealthy buyers. Helping affluent peo- System includes many proven and reli- missions. The Ghailani case was some- ple buy homes worth over three quar- able components which suggest that its one we held as an enemy combatant for ters of a million dollars is directly at development could be relatively trou- years, took to Federal court and 200- odds with FHA’s mission to develop af- ble free.’’ and-something charges and got con- fordable housing. Mr. President, SLS is a bold and victed on 1. Our Federal courts are not It is a shame that this bill contains workable plan with strong support in set up to deal with people who have these ill-advised provisions, as there is both chambers and both parties. Al- been held as enemy combatants under so much worthwhile contained else- though I have serious reservations the law of war, then tried in civilian where within the text. I particularly about the overall legislation, I thank systems. want to commend Chairman INOUYE my colleagues on the CJS Sub- The Christmas Day Bomber, it made and Vice Chairman COCHRAN, and CJS committee for embracing American perfect sense to me to put him in an ar- Subcommittee Chair MIKULSKI and leadership and the promise of Amer- ticle 3 court. We found out he was a Ranking Member HUTCHISON, for the ican ingenuity through their support low-level guy, not one of the higher- great work they did in supporting the for SLS.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7678 CONGRESSIONAL RECORD — SENATE November 17, 2011 AGRICULTURE, RURAL DEVELOP- agreement itself is a good one. Our bill, forcement Agency at $2 billion; the Bu- MENT, FOOD AND DRUG ADMIN- the CJS bill, totals $52.7 billion in dis- reau of Alcohol, Tobacco, and Firearms ISTRATION, AND RELATED cretionary spending. We were frugal. It and the Marshals Service, each at $1.2 AGENCIES PROGRAMS FOR THE is $600 million below the 2011 level, and billion. Our marshals no longer nec- FISCAL YEAR ENDING SEP- it is $5 billion below the President’s re- essarily ride the planes, but what they TEMBER 30, 2012, AND FOR quest. are out there doing is serving the war- OTHER PURPOSES—CONFERENCE The purpose of this bill is to help cre- rants that go after sexual predators REPORT ate American jobs, make our streets and also make sure they fulfill their re- The PRESIDING OFFICER. Under and our neighborhoods safe from vio- sponsibility to protect our Federal ju- the previous order, the Senate will pro- lent crime and terrorism, and to sup- diciary at the courthouses. Those Fed- ceed to the consideration of conference port innovation and technology so eral law enforcement actions are at our report to accompany H.R. 2112, which America can continue to be an excep- borders, in our streets, in our commu- the clerk will report. tional Nation. nities, and in important task forces The legislative clerk read as follows: It also promotes trade. We do this protecting our communities. The committee of conference on the dis- through our Federal agencies: the Com- In terms of science and innovation, I agreeing votes of the two Houses on the merce Department, through its Eco- am proud of what we did with NASA— amendments of the Senate to the bill (H.R. nomic Development Administration, from the space shuttle legacy to our 2112), making appropriations for Agriculture, Patent Office, International Trade Ad- new vehicles for space exploration. We Rural Development, Food and Drug Adminis- ministration, and the Census Bureau. also funded the James Webb Space Tel- tration, and Related Agencies programs for It also has important agencies related escope, which will be the successor to the fiscal year ending September 30, 2012, and for other purposes, having met, have agreed to innovation: the National Institutes the Hubble. It is 100 times more power- and do recommend to their respective Houses of Standards and the National Oceanic ful and will assure America’s place as a that the House recede from its disagreement and Atmospheric Administration. leader in astronomy for the next 30 to the amendment of the Senate and agree to Our bill also has in it the Depart- years. the same with an amendment, and the Sen- ment of Justice, NASA, and the Na- Our conference agreement was $17.8 ate agree to the same; that the House recede tional Science Foundation. billion. It is a balanced space program. from its disagreement to the amendment of It has a lot of important things in it. It ensures the continuity or continu- the Senate to the title of the bill and agree It is also a bill that promotes justice, ation of human space flight, does im- to the same. including the Commission on Civil portant work in space science, and also Ms. MIKULSKI. I ask unanimous Rights, the Equal Employment Oppor- bold research in aeronautics, so we can consent that committee report be con- tunity Commission, and the Legal be at the cutting edge. sidered as read. Services Corporation. We also funded the National Science The PRESIDING OFFICER. The re- Within shrinking funding levels, the Foundation, which continues to do port is considered read. Under the pre- CJS conference agreement prioritizes that groundbreaking innovative work vious order, there will be 2 hours of de- activities that focused on creating that the private sector works off of. bate, equally divided, between the two jobs, saving lives, protecting commu- This year, three Americans shared the leaders or their designees. The Senator from Maryland. nities, and looking out for the future of Nobel Prize for physics. One was Dr. Ms. MIKULSKI. Mr. President, I rise our country. Adam Riess at Johns-Hopkins. He used to speak on behalf of the conference The subcommittee faced two very the Hubble space telescope to look out committee. I rise as the chair of the pressing problems that are critical to for dark energy, to look at decaying Subcommittee on Commerce, Justice, life and safety. One, our weather sat- supernovas, and found out that the ex- and Science, one of the three sub- ellites. We had to come up with a sub- pansion of the universe was speeding committees in the conference report. stantial chunk of money to make sure up. The other is agriculture. Senator KOHL we had those important new weather The 2011 Nobel Prize in chemistry will be coming to the floor to speak on satellites that tell us about hurricanes, winner, Dr. Dan Shechtman, was work- behalf of his bill that is part of the con- tornadoes, and other things that are ing at the National Institute of Stand- ference, and others will speak. coming. Also, we had a real challenge ards and Technology—which this bill I wish to speak on the Commerce- in providing adequate funding for also funds—when he discovered new Justice bill. I am pleased the Senate is America’s prison population. subatomic particles. Both discoveries considering the conference agreement These activities are not considered were considered unexpected and even on fiscal year 2012. As I said, I am CJS. mandatory for budget purposes, but game changers. These Nobel Prize win- Senator KOHL will speak on agri- they are not truly discretionary. We ners were those wonderful Americans culture. Senator PATTY MURRAY man- had an obligation to fund them. We who make use of whether it was the aged the bill on transportation and also had an obligation to provide secu- Hubble telescope or the kind of work housing. She is the chair, and I am sure rity funding to the two conventions, to that goes on in our chemistry labs. So either she or her designee will speak help them underwrite their security we are out there winning the Nobel about a subcommittee we affectionally concerns. Prizes, but our bill lays the ground- call THUD. Together, the bare minimum needed work for winning the markets. But let me talk about the CJS con- for the new JPSS satellite and prison On the floor is the chairman of the ference agreement. This is a great expenses is nearly $800 million—$350 full committee, Senator INOUYE, and agreement. It is the product of bipar- million for prisons—and we were able also Senator KOHL, who managed the tisan and bicameral compromise and to meet that obligation. bill and will speak for Agriculture. cooperation. I wish to thank my rank- We also looked out for our law en- There are many things I could say ing member, Senator KAY BAILEY forcement, for our State and local po- about what we did in the bill, but I HUTCHISON and her excellent staff. We lice departments. This bill provides $2.2 think I have summarized the basic worked hand in hand on this bill. billion to support our Blue Line to themes. I wish to talk about our colleagues in keep our police safe, to protect them I will be available to answer any the House. Much is made about the with the equipment they need, such as questions from colleagues. I also want prickly situation sometimes between bulletproof vests, so they can protect the chairman of the full committee to the House and the Senate. But I wish us with modern tools relating to crime have an opportunity to speak and cer- to thank Chairman FRANK WOLF and scene analysis, forensic science, and tainly Senator KOHL and Senator ranking member CHAKA FATTAH for enough cops on the beat. BLUNT. I want to say to Senator BLUNT, their bipartisan support. There was We funded Byrne grants at $370 mil- when Senator KOHL had to be tempo- give and take; sometimes stormy ex- lion, a main Federal tool for State and rarily off the floor, I thank him for changes. But at the end of the day, we local police operations. working with me. We moved this bill worked cooperatively and collegially. In terms of Federal law enforcement, and showed we knew how to govern and So as we look at the process, what I we met obligations to the FBI and move legislation. If we work this way, wish to say is that the conference funded them at $8 billion; our Drug En- we will get America moving again.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7679 I yield the floor. Southwest border. I note that the bill between the House and Senate on three The PRESIDING OFFICER. The Sen- maintains funding for COPS hiring appropriations bills. ator from Hawaii. grants, which were eliminated in the These bills support a wide range of Mr. INOUYE. Mr. President, first I original House bill. important Federal Government activi- thank Chairman BARBARA MIKULSKI for The conference report before us funds ties. It also includes an extension of her valiant work in the conference. an additional 11,000 new housing vouch- the continuing resolution that expires As we are all aware, the congres- ers for homeless veterans. It includes on Friday. sional budget process has faced unprec- $500 million for competitive TIGER The conference report is the product edented obstacles over the past year. surface transportation grants, as well of negotiations that have taken place We have struggled to find common as nearly $2 billion for new transit rail with the other body’s conferees over ground on one of the most basic re- projects, and it maintains Federal sup- the past several weeks. sponsibilities of Congress—funding the port for Amtrak. I commend the chairmen and ranking operations of the Federal Government. This bill includes more than $12 bil- members of each of the subcommittees Earlier this year, we saw politically lion for basic research at the National for the thoughtful manner in which charged threats of government shut- Institute of Standards and Technology, they have undertaken their respon- downs, culminating with an irrespon- the National Science Foundation, the sibilities. I also thank the staff mem- sible debt ceiling standoff that brought National Oceanic and Atmospheric Ad- bers for their diligence and the many our economy to the brink of disaster. ministration, and the National Aero- long hours they have spent in the per- The American people are deeply frus- nautics and Space Administration. formance of their duties and bringing trated that many in Congress put par- This research will plant the seeds for us to this point. tisanship ahead of the national inter- new discoveries that not only win The practice of combining multiple est. Nobel Prizes, but also earn profits and appropriations bills into a single pack- Yet, despite these challenges, we now create American jobs in our highly age is not ideal, nor should it be en- consider legislation that reflects the competitive global economy. couraged. I would prefer, and I know good-faith efforts and input of Mem- The conference report before us rep- other Senators would as well, that we bers of both sides of the aisle in both resents thousands of compromises on have the opportunity to consider, offer the House and Senate. Given current issues large and small. It represents, in amendments, and vote on the bills indi- fiscal and political realities, this is no no small measure, the way the Con- vidually. small accomplishment. This summer, the months during The conference report before us gress of the United States is meant to which we normally debate appropria- today includes three fiscal year 2012 ap- function. tions bills, Congress and the President propriations measures: Agriculture; The credit for this accomplishment Commerce, Justice, Science; and rests with the members of the sub- were wrangling over legislation to in- Transportation, Housing and Urban De- committees and their staffs. I thank crease the debt ceiling and other mat- velopment. This legislation also in- the leadership of the three subcommit- ters. While the committee moved cludes a continuing resolution that tees, Senators KOHL, MIKULSKI, MUR- quickly to report bills in September, funds government operations through RAY, BLUNT, HUTCHISON, and COLLINS we are now more than a month into the December 16, giving Congress time to for their exceptional efforts in com- new fiscal year and are only now ap- finish its work on the remaining fund- pleting these three bills. proaching enactment of the first three ing bills. We all recognize that we would not appropriations bills. I don’t know how These bills are focused on a number have been able to accomplish this task or when we will be able to actually of basic priorities: job creation, public without the countless hours put in by complete action on all these measures, safety, science, nutrition, housing, and the staff of the subcommittee. I want but I want the Senate to know that the transportation. Due to the stringent to take a moment—I think it is impor- members of this committee, under the funding limits included in the Budget tant—to recognize them for their ef- very able and distinguished leadership Control Act, which established a dis- forts. of Senator INOUYE from Hawaii, have cretionary spending level that is $7 bil- I want to publicly thank Galen Foun- done everything within our power to lion below last year’s level, many tain, Jessica Arden Frederick, Dianne try to get the Senate to move quickly items in these bills are not funded to Nellor, Bob Ross, Molly Barackman- but carefully to approve these bills. the levels I would prefer. Eder, Gabrielle Batkin, Jessica Berry, So, Mr. President, without pro- As we all await the outcome of the Jeremy Weirich, Jean Toal-Eisen, longing the debate and knowing other supercommittee, I again remind my Molly O’Rourke, Alex Keenan, Senators are here to speak, let me just colleagues that we cannot balance the Meaghan McCarthy, Rachel Milberg, say that we have the restraints of the Nation’s books on the back of non- Dabney Hegg, Stacy McBride, Rachel Budget Control Act, which were re- defense discretionary spending. Jones, James Christoferson, Allen Cut- spected by the Appropriations Com- Despite our reduced spending levels, I ler, Goodloe Sutton, Courtney Stevens, mittee. Caps were included that locked am pleased that we have been able to Heideh Shahmoradi, Brooke Hayes in recent cuts in discretionary spend- maintain investments in several crit- Stringer, Carl Barrick, and Mike ing, and that is holding future discre- ical areas. Clarke. They are the ones who should tionary growth below the rate of infla- Public safety is a top priority of this be receiving the medal this evening. tion. The act we are passing will bring bill. The conference report before us This conference report is the cul- discretionary spending as a percentage provides the resources necessary for mination of a process that includes of GDP to the lowest levels since the the Food and Drug Administration to countless hours of hearings, markups, Eisenhower administration. begin implementation of the Food debate, negotiations, and posting on- I am confident the House and Senate Safety Modernization Act, which will line—and I underline this—all of the will work together in the coming better protect the American people hearing testimony and legislative text weeks to complete our negotiations on from foodborne illnesses. for any citizen to review. Finally, it these and other appropriations bills The funding levels provided in the represents the one essential ingredient that will fully comply with the guid- conference agreement for the Federal to a functioning democracy that has ance set out in the Budget Control Act. Bureau of Investigation; the Drug En- been in short supply in recent months: Today, we are making a good start forcement Agency; Bureau of Alcohol, compromise. with these three appropriations bills, Tobacco, Firearms and Explosives; and I urge my colleagues to vote in favor and I urge support for the conference the U.S. Marshals Service will prevent of this measure and send it to the report. layoffs and furloughs of Federal agents, President for his signature. The PRESIDING OFFICER. The Sen- enabling the agencies to continue their I yield the floor. ator from Wisconsin. critical missions with regard to public The PRESIDING OFFICER. The Sen- Mr. KOHL. Mr. President, I support safety. ator from Mississippi. the conference report, which includes The funds provided will also allow for Mr. COCHRAN. Mr. President, this appropriations for Agriculture, Rural increased law enforcement on the conference report contains agreements Development, and the Food and Drug

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7680 CONGRESSIONAL RECORD — SENATE November 17, 2011 Administration. I am pleased that we Mr. BLUNT. Mr. President, I am I am also glad the Agriculture bill in- followed the regular process to get to pleased to join Senator KOHL in sup- cludes funding to help farmers and this point. It has not always been an porting the conference report, and I communities recover from natural dis- easy process, but it has produced a particularly want to talk about the ag- asters. Missouri has seen unprece- good and well-balanced bill. ricultural programs in the report. dented devastation from both torna- Overall spending levels in this bill This is my first year as the ranking does and flooding this year. Funding are closer to the Senate bill than the member of the agriculture sub- included in this bill for the Emergency House-passed bill. The conference bill committee, and I have certainly en- Watershed Protection Program and the is consistent with our allocation and joyed working with the chairman. He Emergency Conservation Program is includes a nondisaster spending level of has been generous and kind to me, in- necessary to help those areas recover. $19.565 billion, compared to $19.78 bil- cluding me in many of these discus- It is important that we support our lion in the Senate and $17.253 billion in sions. farmers as they clear debris and as the House. This funding level allowed In these days, it is no small feat for they regrade and rehabilitate their us to protect important ongoing pro- an appropriations bill to get through land for the next growing season. grams, while continuing to reduce the Senate in what is pretty close to As the ranking member of the agri- spending from last year. regular order, and so I am glad we were culture subcommittee, I have limited Some of the highlights of the con- able to work closely together to get my comments to agricultural funding, ference report funding levels are as fol- that done. I hope we can do the same but I would be remiss if I didn’t point lows: thing next year and have hearings and out the significant contributions of the For the WIC Program, we were able floor time to pass the Agriculture, Commerce, Justice, Science Sub- to provide an additional $36 million Rural Development, FDA bill again committee and the Transportation, and above the Senate, bringing total fund- next year and maybe in a way that is Housing and Urban Development Sub- ing to $570 million above the House even closer to the timing and the order committee in developing this con- level. we would like to see. ference report. The Emergency Food Assistance Pro- The conference report we are consid- This bill, although it may have been gram, which provides assistance to ering today reminds us that we can and referred to as the agriculture minibus, food pantries, is funded at the fully au- should return to the regular way of doesn’t do justice to the great efforts doing business on appropriations bills. thorized level of $140 million. of my colleagues, Senators MIKULSKI, Even though the conference report in- The Food and Drug Administration is MURRAY, HUTCHISON, and COLLINS, and cludes three separate bills, they were funded at the Senate level of $2.497 bil- their staffs. They have all contributed all vigorously debated on the floor, and lion, including increased funding to a lot of time and effort to get this re- more than two dozen amendments were begin implementation of the Food port this far. It is not exactly what any accepted. The process has certainly Safety and Modernization Act. of us would have done, but none of us yielded a better outcome than a large The Food Safety and Inspection Serv- are exactly in charge of doing it all by omnibus appropriations bill would ice is funded at $1.004 billion, an in- ourselves. have. crease of more than $32 million above I hope my colleagues will join me and The chairman has reviewed the de- the House level. tails of the Agriculture bill, so I will join Senator KOHL in supporting this The Public Law 480 Program, which touch on only a few of the highlights. bill. provides international food assistance, Discretionary spending for agri- Mr. President, I yield the floor. is funded at $1.466 billion, an increase culture programs is $350 million below The PRESIDING OFFICER. The Sen- of $426 million above the House level. the fiscal year 2011 level and signifi- ator from Texas. Mrs. HUTCHISON. Mr. President, I Agricultural research funded through cantly below the fiscal year 2010 level. the Agricultural Research Service and We are slowly but surely reining in dis- appreciate the distinguished Senator the National Institute of Food and Ag- cretionary spending. from Missouri for managing the bill for riculture is funded at $2.297 billion, an To reduce overall spending, we have our side because there are three appro- increase of $282 million above the made difficult decisions. Most pro- priations bills included in this pack- House level. grams in the bill that related to agri- age. I am also pleased that we are actu- Disaster relief funds for the Emer- culture were reduced by 5 percent. We ally passing appropriations bills that gency Watershed Protection Program, have, however, prioritized those pro- have been amended and debated in the Emergency Conservation Program, and grams that protect the public health Senate the way it ought to be done. the Emergency Forest Restoration and help maintain the strength of our I am also very pleased to talk about Program were provided based on the Nation’s agricultural economy. the Commerce, Justice, Science, and latest USDA estimates. I am particularly pleased we have Related Agencies bill, which is the sub- Beyond these important funding been able to maintain funding for for- committee on which I am the ranking items, we also rejected many of the mula research and competitive agricul- member. The chairman, Senator MI- controversial policy riders that were tural research programs in this bill. KULSKI, has already spoken earlier this included in the House bill. Among Smart investments in American agri- evening on the bill and what is in it them were a provision prohibiting any culture have been made by the Federal and how we put it all together. food aid for North Korea, which would Government for well over a century I can’t thank Senator MIKULSKI tie the hands of U.S. negotiators; a pro- now, and this bill continues that proc- enough for being the kind of chairman vision blocking enforcement of the En- ess of promoting competitiveness and who could really bring people together, ergy Independence and Security Act; is critical to helping our farmers in- bring the House Members together, and a provision blocking participation crease production and produce a food where we had some significant dif- in a global climate change task force, supply that is safe, abundant, and af- ferences. I believe she and I were on the as well as others. fordable. same page, that we have national pri- Again, I think this is a well-balanced With unemployment still hovering orities in this bill, and we ensured that bill. We worked hard with our House around 9 percent, now is not the time those priorities were met because they counterparts to identify and maintain to place unnecessary restrictions on are so important for our country. It priorities that benefit the American the competitive marketplace. There- wasn’t easy. As has been said by every- people. I would like to again thank fore, this plan prohibits the Depart- one who has spoken, difficult choices Senator BLUNT for his help during this ment of Agriculture from moving for- had to be made. We had an allocation entire process. His insights were ex- ward with a costly and burdensome that was $583 million below the fiscal tremely valuable. rule—GIPSA—that Agriculture re- year 2011 continuing resolution level. It Mr. President, I urge my colleagues leased earlier this year. This rule was $4.7 billion below the President’s to vote in favor of this conference re- would have negatively impacted poul- request. port. try and livestock markets and dam- This bill is also in accordance with The PRESIDING OFFICER. The Sen- aged the overall strength of the farm the Budget Control Act that passed on ator from Missouri. economy. August 2, 2011. I just want to mention

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7681 on that point that all of the appropria- of our first safeguards along the bor- So we will have our launch system tions bills that have gone through the der. It is a national tactical intel- and our Orion capsule that will be the Appropriations Committee this year ligence center that supports law en- next generation of space exploration have met the Budget Control Act re- forcement in the United States, Mex- for our country, and Senator MIKULSKI quirements. That is something I think ico, and the whole Western Hemi- and I agreed on that priority, along we should have done and certainly sphere. It is the Drug Enforcement Ad- with the Webb telescope, which is a something we were expected to do. ministration’s most important intel- very significant scientific priority, There are some Members, however, ligence-sharing entity focusing on all that we would assure that those prior- who will be speaking against these things related to our borders. ities were met. We support the emerg- bills. They wanted a different standard Another important program in this ing commercial space companies to from the standard we set, which was bill is the State Criminal Alien Assist- bring cargo and astronauts to the space below the fiscal year 2011 continuing ance Program which we funded to pro- station, and our investment for dis- resolution and below the President’s vide Federal assistance to the States covery on the space station as well as request. But that is the standard we and localities that are incurring the the science that is gotten from these should have met, and we did. costs of incarcerating undocumented wonderful, incredible telescopes that We struck a balance between the criminal aliens who have been accused fly out there in space and gather infor- competing interests of law enforce- or convicted of State and local of- mation. ment, terrorism, research, and com- fenses. We know there are counties NASA has now released its design for petitiveness through investing in throughout our country that do not the heavy launch vehicle that will be science. I think the chairman, Senator have big budgets. Yet we have illegal able to carry our astronauts in the MIKULSKI, spoke about the specifics of alien criminals who are being put in Orion crew vehicle to the Moon, the as- that, but I want to highlight some of county jails and city jails and it is im- teroid, and beyond. Now that that deci- the programs of national interest that portant for the Federal Government sion has been made, we can focus on I was particularly insistent that we and it is the Federal Government’s re- the future and on moving human explo- focus on. sponsibility to pay for housing those il- ration forward. NASA has announced We have worked hard to ensure that legal alien criminals. We have done so its commitment to the path that Con- law enforcement receives the priority in this bill. gress authorized, and now we are pro- funding needed to protect our Nation, I was also pleased to work with Sen- viding the funds to accomplish the de- our communities, our children, and the ator MIKULSKI and JON KYL, the Sen- velopment of that rocket. victims of crime. That was a particular ator from Arizona, to include more Chairman MIKULSKI and I have point that Senator MIKULSKI made and money for the U.S. Marshals Service strived to produce a bill that reflects with which I agree. for its mission along the southwest not only the Senate’s priorities but the We have also made sure the FBI has border, including detention construc- needs of our Nation. Not only do I com- the resources it needs to continue its tion and security upgrades in south- mend her and all the Senators who major role in the global mission of west border Federal courthouses. have a part in passing these bills and counterterrorism and counterintel- The last thing I wish to mention is the House Members who also have a ligence. Director Robert Mueller has that we had a very moving ceremony significant part, but our staffs did a lot seen the largest transition of the agen- yesterday honoring the significant as- of the work in making sure these prior- cy certainly in modern times, but tronauts—they are all significant, but ities were met. Her staff, Gabrielle maybe ever—a transformation from a some of those who took the first Batkin, Jessica Berry, Jean Toal Eisen, traditional crime-fighting organization chance to go where no human being Jeremy Weirich, and Molly O’Rourke into an intelligence-driven, threat-fo- had ever been, and we honored them did wonderful work and were so close cused law enforcement organization with the Congressional Gold Medal, in concept and in close relationships and a full member of the U.S. intel- which is the highest honor Congress and working relationships with my ligence community since 9/11. can bestow on a civilian: John Glenn, staff, James Christoferson, Goodloe A lot of people are going to say: Well, the first American to orbit the Earth, Sutton, and Allen Cutler. gosh, why would you increase the FBI? Neil Armstrong and Buzz Aldrin, the I recommend our bill. I think we Well, because they are a part of our na- first and second men to walk on the stayed within the budget resolution, tional security today. They are no Moon, the Americans who did that, and the Budget Control Act we passed, but longer just a domestic crime-fighting they were ferried there by Michael Col- we set the priorities, and I am very agency—though very important but lins, who landed Apollo 11. pleased to offer it to the Senate to- nevertheless a smaller function. They We talked, and the speeches were night. are part of our U.S. intelligence agen- very uplifting, about the importance of I yield the floor. cies that are helping us fight terrorism space exploration and what it has done The PRESIDING OFFICER (Mr. BEN- all over the world. So we funded them, for our country. It has clearly been an NET). The Senator from Alabama. and I am glad we did. economic boon to this country. It has Mr. SESSIONS. Mr. President, I ask We have also included language to created jobs, it has created better qual- to be notified after 5 minutes. encourage the Department of Justice ity of life, and it has also inspired gen- The PRESIDING OFFICER. The Sen- to maintain its current fiscal year 2011 erations of scientists. With the signifi- ator will be notified. level of funding that focuses on the cant support of Senator MIKULSKI, we Mr. SESSIONS. I appreciate the work southwest border. This is so important, were able to give NASA the funding it of the sponsors on this difficult piece of as we read about the atrocities hap- needs to assure that we have not only legislation. pening in Mexico and on our border, the vision that was established by Con- There is so much we would like to do. some of which have begun to spread gress in the 2010 authorization bill but But every American knows that when across the border, and drug cartels are the funding to achieve the vision going they are in debt, they have to cut back becoming increasingly emboldened. forward. on spending. But Washington remains I was talking to someone in the law Since our space shuttle program has in denial. This bill is a statement that enforcement community today who has been shut down, we are now on a mis- Washington does not take seriously the had very high positions in our govern- sion to provide a commercial crew ve- extraordinary dangers imposed by our ment, and he said those drug cartels hicle to take our astronauts to the debt. It is bizarre that we passed on to are terrorists. I agree with him. Those space station, where we are doing sci- a committee of 12 the job of achieving drug cartels are terrorists. What they entific research, and we have fully deficit reduction while at the same are doing to innocent people is atro- funded the launch vehicle that is going time working to increase the deficit cious. So we are encouraging and we to take our astronauts beyond Earth with bills such as this one. have given the money to the Justice orbit and into the asteroid and, hope- After the first 2 years of the Obama Department for the southwest border. fully, Mars. That funding has started administration in which nondefense The El Paso Intelligence Center is with this appropriations bill that is discretionary spending surged 24 per- another important program that is one going through this year. cent—not counting the stimulus—it

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7682 CONGRESSIONAL RECORD — SENATE November 17, 2011 should not be difficult for us to find re- Let me first thank Chairman PATTY borrowing now. That is going to be- ductions that can be achieved in these MURRAY and her staff who worked col- come acutely obvious over the next 18 three bills that have been cobbled to- laboratively with me and with my tal- months in our country as we see our in- gether as a mini omnibus. But instead ented staff throughout this entire proc- terest rates rise. of doing the hard work and finding ess. I also wish to thank Chairman We have a bill on the floor that things we can reduce the spending for KOHL, Ranking Member BLUNT, Chair- meets the numbers and meets what the and bringing this bill in with a reduc- man MIKULSKI, Ranking Member Budget Control Act said but totally de- tion—a real reduction—in spending, we HUTCHISON, and of course the leaders of nies what the American people are ex- now have a piece of legislation that is the full Appropriations Committee, pecting. Let me talk about what I moving forward with increases. In fact, Senator INOUYE and Senator COCHRAN. mean by that. There are five major what this amounts to and what we are All of us have worked closely together problems with this bill. seeing in the committee of 12, the to usher this first group of appropria- No. 1, it claims to cut spending when supercommittee, in their secret work is tions bills to final passage. in fact it does not. When you take all apparently a demand by our Demo- I am particularly pleased that we spending, it does not cut spending. We cratic colleagues that taxes be substan- brought these appropriations bills to are going to hear and we have heard al- ready how it cuts spending but usually tially increased to fund the spending the floor through the regular order en- with the caveat ‘‘not counting emer- level we have been on. abling members to examine, debate, gency spending.’’ So the first thing it I recently also addressed some of the and vote in a fair and transparent proc- does is not to address any of the prob- gimmicks I believe this bill uses to ess. That is a big change from the ap- lems our country has in terms of hav- conceal more spending than is appar- proach that has, unfortunately, marred ing to deal with real cuts in spending, ent. One of these gimmicks, creating the process in previous years when all not decreases in the rate of growth of the false appearance of cash savings in the appropriations bills—or nearly all spending. We have to have real cuts if mandatory spending, was actually in- of them—were bundled into one enor- we are going to create a future for our creased, in this current version of the mous omnibus bill that was considered kids. If we are going to be able to bor- at the last moment in a rushed manner bill, in conference. That is why I intro- row money in the future at an afford- duced the Honest Budget Act: to con- and without the opportunity for full able interest rate, we are going to have front these continuing problems. and fair debate and amendment. We to have real cuts. We have to quit play- Senator OLYMPIA SNOWE and I believe didn’t do it that way this time, and I ing the game to the American people these kind of gimmicks, such as on think that represents progress. and start talking to them as adults, I am also pleased this conference re- mandatory spending and claims of re- not playing the game and actually port contains provisions that are im- ductions that are not real, need to be being dishonest with them about what portant to the State of Maine. eliminated from our process as they we are doing. help cause the great deficit we are in. The Transportation-HUD bill recog- This bill also continues to dem- I think it is particularly offensive nizes the fiscal reality of what is now onstrate that we are shirking our du- that the bill is being represented as a an unsustainable $15 trillion debt, ties in terms of doing oversight. We spending cut, even though that was the while making critical infrastructure have provided funding for things that most minute spending cut of $1 billion, and economic development invest- obviously need to be corrected but we when, in truth, it clearly increases ments that will help to create jobs. In will not correct them. We do not elimi- spending. We need real cuts, not minus- this bill, we are also meeting our re- nate the wasteful programs. There is cule cuts and certainly not increases. sponsibility to very vulnerable popu- nothing in here, not one duplicative With the President at the helm of the lations in our country. The bill strikes program in any of these three segments ship of State, Washington is continuing the right balance between thoughtful of appropriations bills, that is elimi- to steer toward financial disaster. We investment and fiscal restraint, there- nated. Yet we know there is over $200 must get off this path. The American by setting the stage for future eco- billion a year in duplication costs to people know it. I believe they spoke nomic growth. The proposed non- the Federal Government on programs clearly last November. We still have emergency funding levels for fiscal that do exactly the same thing. Yet we not gotten the message. We still re- year 2012 in this bill are nearly $13 bil- did not do any of it. It is no wonder you main in denial. lion below fiscal year 2010, a reduction can’t cut spending if you don’t get rid Some say: Oh, the tea party. You of nearly one-fifth in 2 years’ time. of programs that do the same thing, shouldn’t pay attention to them. They These significant savings represent an none of which or 80 percent of which were angry people. I think they were unmistakable commitment and move- never accomplish their goals or never deeply frustrated people and, yes, ment in the direction of fiscal responsi- have been measured as to whether they somewhat angry. Why should they not bility. accomplish their goals. That is the be when the people they have elected For those reasons, and for many third thing. to Congress, they now discover, are more, I urge my colleagues to vote in The fourth thing this bill does is ab- spending billions and billions of dollars favor of this conference report. solutely ignore FHA’s condition. It was day after day, week after week, bor- Mr. COBURN. Mr. President, I want announced they are about to run out of rowing 40 cents of every dollar that is to spend a minute because I do not money. What do we do? We raise the spent? How can we defend that? How think the American public knows how amount of money that people can bor- can we defend to any American citizen badly they have been hoodwinked by row from the FHA at the time when our behavior that has allowed such a Congress. The Budget Control Act told FHA is running out of money. The only debt situation to occur? We have had the American people that we cut $1 problem with that is FHA has a very three consecutive trillion-dollar defi- trillion. That is what the claims were. friendly banker which the Congress has cits, and this fiscal year we are expect- The fact is, under the Budget Control no control over because when FHA runs ing to have another trillion-dollar def- Act spending, discretionary spending out of money, do you know what they icit. It is an unacceptable course. will still rise by $850 billion over the do? They go and get it from the Treas- I will oppose the legislation and urge next 10 years. That is the truth. ury and we cannot stop it. my colleagues to do the same. We hear in the bills that are coming What we have done is we have raised I yield the floor. up the word ‘‘emergency.’’ One of the the loan limit for FHA homes to The PRESIDING OFFICER. The Sen- things the American people cannot $729,000 in this bill. FHA is going to be ator from Maine. quite understand is—when they have out of money this year. They will have Ms. COLLINS. Mr. President, as the an emergency what they do is they end no capital to protect the $1.1 trillion ranking member of the Transportation, up having to make choices. They do worth of loans they are guaranteeing, Housing and Urban Development Ap- not have a bank that will loan them and they will go get the money. Where propriations Subcommittee, I rise in money regardless of whether they are is that money going to come from? support of this conference report, and I worthy of paying it back, and that is That money is going to come from—we encourage our colleagues to join me in where we are. We are not worthy of are going to borrow it from the Chi- voting for this measure. paying the money back that we are nese. So we are going to compound the

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7683 very problem we have today. It is abso- think we have other people who wish to every day, whether it is a parent who lutely ignoring what the real situation speak and there is no reason they commutes every day and needs safe is on the ground, ignoring the real should not come and speak. I encour- roads or new public transportation op- complications of not acting, and con- age them to come over here and say tions so they can spend more time with sequently we actually make it worse what needs to be said so we can get our their family, a business that depends for our kids and our country. work done. We have a few people who on a solid infrastructure to move goods Finally, it includes very few of the still have opportunities to make a and attract customers, young families amendments that were passed by wide plane. We are not going to be voting to- searching for safe and affordable com- margins in the Senate. One of mine is morrow. We plan to be voting here in munities to raise their children or a re- there. I am very thankful for it. I think the next 30 minutes or so. I hope people peatedly laid-off worker who needs it is an appropriate amendment. But come to the floor and speak on the bill. help to keep his or her family in their several others are not, that were good, This bill has gone through a process home. This bill has a real impact on commonsense amendments. Yet some- with lots of amendments, lots of de- Americans who are struggling in these body in the Appropriations Committee bate. It went through a conference troubling economic times. decided even though they may have committee. It is not perfect by any- Our bill takes a balanced approach voted for it, they pulled it out. It was one’s standard of perfect, but legisla- that addresses the most critical needs not the majority on the other side who tion seldom is. we face in both transportation and insisted it come out because I checked. It is under the level that was estab- housing, while remaining financially What we have done is we are up here lished in the debt ceiling agreement responsible and staying within the con- and we are going to pass this bill. I that also established how we deal with straints of the budget. have no doubt about it. But we are con- emergency spending. Of course, many The bill contains improvement in- tinuing down the road of, No. 1, being of our colleagues did not vote for that. vestments for our Nation, including dishonest with the American people They did not agree with that at the $500 million for the competitive, about what we are doing, how we are time. It has only been a few weeks ago, multimodal TIGER Program to help doing it; No. 2, we are shirking our re- but it is the standard that the House improve our Nation’s infrastructure, sponsibility to eliminate the wasteful and Senate worked on. These numbers including rail transportation projects; portions of the Federal Government should be below that number. They are $1.4 billion for Amtrak, including fund- which at least are $350 billion a year, a little lower than the Senate number ing for State-supported services; suffi- when you combine waste, fraud, and which was at that number but higher cient funding to preserve housing for duplication. None of that was attacked than the House number. I wish we our Nation’s low-income families, el- in this bill, none of it. Then we are could have been closer to the House derly, disabled, and veterans who rely lying to them about whether we are ac- number, but the House has a different on HUD’s housing and rental assistance tually increasing spending or not in- majority than the Senate does. programs; $39.8 billion to continue the creasing spending. The real point is, if people want to Federal-Aid Highway Program at cur- Our time is shortening. If you look at come speak on this bill, the vote is rent levels; $45 million for housing what happened in Europe in the last 2 scheduled here in about a half hour or counseling; and $75 million for 11,000 weeks, to the bond yields for Italy, to so and I hope people will come on over new vouchers for homeless veterans. the bond yields for Spain, we know and have their say on this bill, let the The bill also addresses the needs of what is coming. How bad does it have people know in addition to their vote communities that have been hit by dis- to get or how close does it have to get where they stand. We are waiting for a asters this year, providing $1.7 billion to us before we will act in the best in- couple of people to come. This would be in emergency relief highway funding terests of the country instead of the a good time for them to do that. and up to $400 million in CDBG funding best interests of partisanship or the I yield, and we will be waiting. for areas that have been most impacted best interests of our careers? Mr. President, I suggest the absence This is not a bad bill. It just doesn’t by recent disasters. of a quorum. It is not a perfect bill, but it is a do what the American people need us The PRESIDING OFFICER. The good bill. It represents a fair, bipar- to do right now, which is start cutting clerk will call the roll. tisan compromise that makes invest- out the waste, fraud, and duplication in The assistant bill clerk proceeded to ments in our infrastructure and pro- the Federal Government so that their call the roll. children will have an opportunity to The PRESIDING OFFICER. The Sen- tects the most vulnerable, while living live in a country of opportunity. ator from Washington. within our funding restraints. Our bill This bill fails on that count. It Mrs. MURRAY. Mr. President, I ask helps commuters, homeowners, and the should be defeated and a bill coming unanimous consent that the order for most vulnerable in our society. Most back here with $10 or $12 or $15 billion the quorum call be rescinded. importantly, it creates jobs and sup- less is what ought to come back here. The PRESIDING OFFICER. Without ports the continued recovery of the na- That is what ought to happen, if we objection, it is so ordered. tional economy. were going to be truly honest. Either I Mrs. MURRAY. I rise to speak about I look forward to having it reach the am being dishonest about the situation the transportation-housing title of the President’s desk soon for his signature, facing our country or you are being bill before the Senate. It has broad bi- and before I close I again thank my dishonest in what you are bringing as partisan support because it addresses colleague Senator COLLINS and all of the answer on the floor. One of us is the very real housing and transpor- her staff for all of their very hard work not telling the truth and I guarantee tation needs of American families on this bill. I also thank all of my staff the markets are going to prove me across the Nation. members who worked beyond reason- right. When we can no longer borrow, This is not a perfect bill, but there is able hours to get this bill to this point as the Chairman of the Federal Reserve a lot to be proud of in the conference tonight to be able to send it to the said, we are going to eventually fix all report, and I am pleased with what we President. They are Alex Keenan, this, regardless of the politicians. Do have been able to accomplish with my Megan McCarthy, Dabney Hegg, Rachel you know why we are going to fix it? colleague Senator COLLINS, because she Milberg, Molly O’Rourke, Travis Because they are going to quit loaning has worked so hard in a bipartisan way Lumpkin, Evan Schatz, and Lauren us money. And we have done nothing to get us to this point, and Chairman Overman. I thank all of them for their with this bill to solve the very real and LATHAM and Congressman OLVER on hard work and all of Senator COLLINS’ immediate problems in front of this the House side and all of their staff. staff as well as our chairman, Senator country. This bill makes needed investments INOUYE, and look forward to the pas- I yield the floor. in our transportation infrastructure sage of this bill this evening. The PRESIDING OFFICER. Who and creates critical jobs, while also Thank you, Mr. President. yields time? The Senator from Mis- supporting housing and services for our Ms. COLLINS. Mr. President, I want- souri. Nation’s most vulnerable. ed to add to my earlier remarks in sup- Mr. BLUNT. Mr. President, we are This bill touches the lives of all port of the FY 2012 conference report going to move this bill this evening. I Americans in ways they can appreciate which includes language I co-authored

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7684 CONGRESSIONAL RECORD — SENATE November 17, 2011 along with Senator LEAHY allowing the meals that meet the nutritional needs There appears to be a sufficient sec- heaviest trucks to travel on the inter- of students in a way that fits their ond. state highways in Maine and Vermont budgets. The language overturns arbi- The clerk will call the roll. rather than forcing them onto sec- trary restrictions proposed by the The legislative clerk called the roll. ondary roads and downtown streets. USDA that would have so restricted The result was announced—yeas 70, Currently, the heaviest trucks in the use of potatoes in the school lunch nays 30, as follows: Maine are diverted onto secondary program that a school could not have [Rollcall Vote No. 208 Leg.] roadways that cut through our down- served a baked potato and an ear of YEAS—70 towns on narrow streets. This creates a fresh corn in the same week—an absurd Akaka Graham Murkowski major safety concern. It simply makes result. Alexander Hagan Murray no sense to force heavier trucks off the Baucus Harkin Nelson (NE) We heard from many school advocacy Begich Hoeven Nelson (FL) highway and onto our smaller roads, organizations and school and school Bennet Hutchison Pryor jeopardizing the safety of both drivers food service professionals that the rule Bingaman Inouye Reed and pedestrians. as proposed was too prescriptive, too Blumenthal Johanns Reid In 2009, I authored a pilot project Blunt Johnson (SD) Roberts limiting, and too expensive. USDA esti- Boozman Kerry Rockefeller that allowed trucks weighing up to Boxer Klobuchar mates that the opposed rule would Sanders 100,000 pounds to travel on Maine’s Brown (MA) Kohl have cost as much as $6.8 billion over 5 Schumer Federal interstates for 1 year. Accord- Brown (OH) Kyl years. The lion’s share of these costs Cantwell Landrieu Shaheen ing to the Maine Department of Trans- would have been incurred by the state Cardin Lautenberg Snowe portation, the number of accidents in- and local agencies. Carper Leahy Stabenow Tester volving trucks decreased. During the 1- We were pleased to have the support Casey Levin year period covered by the pilot, the Cochran Lieberman Udall (CO) of the American Association of School Collins Manchin Udall (NM) number of crashes involving trucks on Administrators, National School Conrad McCaskill Warner Maine’s local roads was reduced by 72 Boards Association, Council of the Coons McConnell Webb Durbin Menendez compared to a 5-year average. This in- Great City Schools, National Associa- Whitehouse formation and other data gathered dur- Feinstein Merkley Wicker tion of Elementary School Principals, Franken Mikulski Wyden ing the pilot provide proof that this Maine Parent Teacher Association, Gillibrand Moran language will increase safety. Maine School Management Associa- In a case study of a freight trip fol- NAYS—30 tion, Maine Principals Association, lowing this route from Hampden to Ayotte Enzi McCain Maine Department of Education, and Barrasso Grassley Paul Houlton, when these trucks were al- so many more. Burr Hatch Portman lowed to use I–95 rather than Route 2, Chambliss Heller Risch Mr. President, for these and many the driver avoided 300 intersections, 4 Coats Inhofe Rubio other reasons I am proud to support hospitals, 30 traffic lights, 9 school Coburn Isakson Sessions the FY 2012 conference report. Corker Johnson (WI) Shelby crossings, 4 railroad crossings, and 86 I yield the floor and suggest the ab- Cornyn Kirk Thune crosswalks. Crapo Lee Toomey Virtually every safety group in sence of a quorum. DeMint Lugar Vitter The PRESIDING OFFICER. The Maine supports this language. These The PRESIDING OFFICER. On this clerk will call the roll. groups include the Maine Association vote the yeas are 70, the nays are 30. The legislative clerk proceeded to of Police, the Maine State Police, the Under the previous order requiring 60 call the roll. State Troopers Association, the Maine votes for the adoption of this con- The PRESIDING OFFICER. The ma- Department of Public Safety, and the ference report, the conference report is jority leader. Maine Chiefs of Police. This language agreed to. is also supported by education and Mr. REID. Mr. President, I ask unan- Mr. LEVIN. Mr. President, I move to child advocacy groups such as Maine imous consent that the quorum call be reconsider the vote. Parent Teachers Association and the rescinded. Mr. MENENDEZ. I move to lay that Maine School Superintendents Associa- The PRESIDING OFFICER. Without motion upon the table. tion. objection, it is so ordered. The motion to lay on the table was Let me make clear: my amendment Mr. REID. Mr. President, we would agreed to. does not increase the size or weight of yield back whatever time is left on the f Maine trucks. The only question is on Democratic side. NATIONAL DEFENSE AUTHORIZA- which roads they are allowed to travel. The PRESIDING OFFICER. Without This has been a long and hard-fought objection, it is so ordered. All time is TION ACT FOR FISCAL YEAR battle. But I am delighted that I was yielded back on the Democratic side. 2012—Continued able to convince my colleagues in both Mr. REID. Mr. President, we are Mr. LEVIN. Mr. President, if I could, the House and Senate to support my going to continue to work tomorrow on there are a number of Senators here provision to allow the heaviest trucks the DOD authorization bill. Everyone who want to offer their amendments to drive on Federal highways in Maine. has been told by the two managers of and make them pending tonight. That I also want to voice my support for this bill that if they have amendments, is fine with us. Then if they have the Agriculture Appropriations title of they should offer them. speeches, I would suggest that they this legislation. I am particularly ap- We are working on the Energy and withhold speeches until everybody who preciative of the efforts of the chair- Water bill. While we are making has amendments here can offer them man and ranking member of the Agri- progress on that with Senators FEIN- and set them aside so that we can culture Subcommittee, Senators KOHL STEIN and LAMAR ALEXANDER, we have allow people to leave and then have the and BLUNT, and their staffs for their some nominations we are working on. speeches come, if there are speeches to- diligent work to move this legislation The next vote will be at 5:30 on No- night, after anybody who wants to forward. vember 28. make their amendment pending has I also want to thank my colleague, We will be in session tomorrow. that opportunity. Senator MARK UDALL, for joining me in Mr. BLUNT. Mr. President, I yield That is the process I would suggest, co-authoring an amendment to ensure back the Republican time. and Senator MCCAIN is supportive of that schools continue to have the flexi- The PRESIDING OFFICER. All time that process. So that is my suggestion: bility they need to serve children nu- is yielded back. that the Chair recognize people as the tritious meals at an affordable cost. We The question is on agreeing to the Chair wishes, call up your amendment, worked with Members from both sides conference report to accompany H.R. set it aside, let the next person call up of the aisle and from across the coun- 2112. their amendment, set it aside, and if try in crafting a bipartisan amendment Mr. BLUNT. I ask for the yeas and there are any speeches, that they come that achieves this goal. nays. after everybody who is recognized to Our efforts will go a long way in en- The PRESIDING OFFICER. Is there a call up their amendment has that op- suring that schools can serve healthy sufficient second? portunity.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7685 Now, one other thing. This relates to Subtitle D—Detainee Matters (The amendment is printed in today’s what will happen, hopefully, tonight SEC. 1031. REVIEW OF AUTHORITY OF THE RECORD under ‘‘Text of Amendments.’’) and tomorrow; that is, we are going to ARMED FORCES OF THE UNITED Ms. LANDRIEU. This is an amend- STATES TO DETAIN COVERED PER- try to clear amendments, if we can, to- SONS PURSUANT TO THE AUTHOR- ment which would reauthorize two of night and tomorrow. We will be here at IZATION FOR USE OF MILITARY the most important research programs 9 o’clock, and we are going to try to FORCE. for small businesses of this country. clear as many amendments as we can (a) IN GENERAL.—Not later than 90 days The PRESIDING OFFICER. The Sen- after the date of the enactment of this Act, ator from Minnesota. because we have to make progress on the Secretary of Defense shall, in consulta- AMENDMENT NO. 1197 this bill. tion with appropriate officials in the Execu- I just want to thank Senator MCCAIN tive Office of the President, the Director of Mr. FRANKEN. I ask unanimous con- for all he is doing to help that process National Intelligence, the Secretary of sent to set aside the pending amend- and help our leaders. State, the Secretary of Homeland Security, ment and call up my amendment No. Mr. MCCAIN. Mr. President, I under- and the Attorney General, submit to the ap- 1197. stand we have a couple of amendments propriate committees of Congress a report The PRESIDING OFFICER. Without already from Senator CARDIN, No. 1073 setting forth the following: objection, it is so ordered. The clerk and 1188. (1) A statement of the position of the Exec- will report. Mr. LEVIN. Are his two amendments utive Branch on the appropriate role for the The bill clerk read as follows: Armed Forces of the United States in the de- The Senator from Minnesota [Mr. cleared on your side? We have cleared tention and prosecution of covered persons one. FRANKEN] proposes an amendment numbered (as defined in subsection (b)). 1197. Mr. MCCAIN. We should momen- (2) A statement and assessment of the legal tarily. authority asserted by the Executive Branch Mr. FRANKEN. I ask unanimous con- The PRESIDING OFFICER. The Sen- for such detention and prosecution. sent that the reading of the amend- ator from California. (3) A statement of any existing deficiencies ment be dispensed with. AMENDMENTS NOS. 1125 AND 1126 or anticipated deficiencies in the legal au- The PRESIDING OFFICER. Without Mrs. FEINSTEIN. Mr. President, I thority for such detention and prosecution. objection, it is so ordered. ask unanimous consent that the pend- (b) COVERED PERSONS.—A covered person The amendment is as follows: under this section is any person, other than (Purpose: To require contractors to make ing amendments be set aside in order a member of the Armed Forces of the United to call up amendments Nos. 1125 and timely payments to subcontractors that States, whose detention or prosecution by are small business concerns) 1126. the Armed Forces of the United States is At the end of subtitle E of title VIII, add I further ask that Senators LEAHY, consistent with the laws of war and based on the following: URBIN DALL authority provided by any of the following: D , and U of Colorado be SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS added as cosponsors to both amend- (1) The Authorization for Use of Military CONCERNS. ments. Force (Public Law 107–40). (a) IN GENERAL.—Section 15 of the Small The PRESIDING OFFICER. Without (2) The Authorization for Use of Military Business Act (15 U.S.C. 644) is amended by objection, it is so ordered. Force Against Iraq Resolution 2002 (Public adding at the end the following: The clerk will report. Law 107–243). ‘‘(s) REGULATIONS RELATING TO TIMELY The bill clerk read as follows: (3) Any other statutory or constitutional PAYMENTS.— authority for use of military force. ‘‘(1) REGULATIONS REQUIRED.—Not later The Senator from California [Mrs. FEIN- (c) CONGRESSIONAL ACTION.—Each of the than 1 year after the date of enactment of STEIN] proposes en bloc amendments num- appropriate committees of Congress may, bered 1125 and 1126. this subsection, the Director of the Office of not later than 45 days after receipt of the re- Management and Budget, in consultation The amendments are as follows: port required by subsection (a), hold a hear- with the Administrator, shall issue regula- ing on the report, and shall, within 45 days of AMENDMENT NO. 1125 tions that require any prime contractor such hearings, report to Congress legislation, awarded a contract by the Federal Govern- (Purpose: To clarify the applicability of re- if such committee determines legislation is quirements for military custody with re- appropriate and advisable, modifying or ex- ment to make timely payments to sub- spect to detainees) panding the authority of the Executive contractors that are small business con- On page 361, line 9, insert ‘‘abroad’’ after Branch to carry out detention and prosecu- cerns. ‘‘is captured’’. tion of covered persons. ‘‘(2) CONSIDERATIONS.—In issuing the regu- AMENDMENT NO. 1126 (d) APPROPRIATE COMMITTEES OF CONGRESS lations under paragraph (1), the Director of the Office of Management and Budget, in (Purpose: To limit the authority of the DEFINED.—In this section, the term ‘‘appro- consultation with the Administrator, shall Armed Forces to detain citizens of the priate committees of Congress’’ means— consider— United States under section 1031.) (1) the Committee on Armed Services, the Committee on the Judiciary, and the Select ‘‘(A) requiring a prime contractor to pay a On page 360, between lines 21 and 22, insert Committee on Intelligence of the Senate; subcontractor that is a small business con- the following: and cern not later than 30 days after the date on (e) APPLICABILITY TO CITIZENS.—The au- which the prime contractor receives a pay- thority described in this section for the (2) the Committee on Armed Services, the Armed Forces of the United States to detain Committee on the Judiciary, and the Perma- ment from the Federal Government; a person does not include the authority to nent Select Committee on Intelligence of the ‘‘(B) developing— detain a citizen of the United States without House of Representatives. ‘‘(i) incentives for prime contractors that trial until the end of the hostilities. The PRESIDING OFFICER. The Sen- pay subcontractors in accordance with the ator from Louisiana. regulations; or The PRESIDING OFFICER. The Sen- ‘‘(ii) penalties for prime contractors that AMENDMENT NO. 1115 ator from Colorado. do not pay subcontractors in accordance (Purpose: To reauthorize and improve the AMENDMENT NO. 1107 with the regulations; and SBIR and STTR programs, and for other ‘‘(C) requiring that any subcontracting Mr. UDALL of Colorado. Mr. Presi- purposes) plan under paragraph (4) or (5) of section 8(d) dent, I ask unanimous consent that the Ms. LANDRIEU. Mr. President, I ask pending amendment be set aside and contain a detailed description of when and unanimous consent to set aside the how each subcontractor will be paid.’’. amendment No. 1107 be called up. pending amendment and to call up The PRESIDING OFFICER. Without (b) TECHNICAL AND CONFORMING AMEND- amendment No. 1115, and I ask to make MENTS.—Section 8(d)(6) of the Small Business objection, it is so ordered. it pending on behalf of myself, Senator Act (15 U.S.C. 638(d)(6)) is amended— The clerk will report. (1) in subparagraph (F), by striking ‘‘and’’ The bill clerk read as follows: SNOWE, and I appreciate the cosponsor- ship of Senators SHAHEEN, BROWN of at the end; The Senator from Colorado [Mr. UDALL] (2) in subparagraph (G)(ii), by striking the Ohio, and KERRY. proposes an amendment numbered 1107. The PRESIDING OFFICER. Without period at the end and inserting ‘‘; and’’; and Mr. UDALL of Colorado. Mr. Presi- objection, it is so ordered. (3) by adding at the end the following: dent, I ask unanimous consent that the The clerk will report. ‘‘(H) any information required to be in- reading of the amendment be dispensed The bill clerk read as follows: cluded under the regulations issued under section 15(s).’’. with. The Senator from Louisiana [Ms. The PRESIDING OFFICER. Without LANDRIEU] for herself and Ms. SNOWE, pro- The PRESIDING OFFICER. The Sen- objection, it is so ordered. poses an amendment numbered 1115. ator from Maryland. The amendment is as follows: Ms. LANDRIEU. I ask unanimous AMENDMENT NO. 1073 (Purpose: To revise the provisions relating to consent that reading of the amendment Mr. CARDIN. Mr. President, I ask detainee matters) be dispensed with. unanimous consent that the pending Strike subtitle D of title X and insert the The PRESIDING OFFICER. Without amendments be set aside so I may offer following: objection, it is so ordered. my first amendment, No. 1073.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7686 CONGRESSIONAL RECORD — SENATE November 17, 2011 The PRESIDING OFFICER. Without (3) by striking ‘‘the carrier’’ and inserting ‘‘§ 2641c. Space-available travel on Depart- objection, it is so ordered. The clerk ‘‘the business entity’’. ment of Defense aircraft: reserve members, will report. (c) ADMINISTRATION.—Subsection (e)(3) of reserve members eligible for retired pay The bill clerk read as follows: such section is amended by striking ‘‘the air but for age; widows and widowers of re- carrier or surface carrier’’ and inserting ‘‘the tired members; and dependents The Senator from Maryland [Mr. CARDIN], business entity referred to in subsection ‘‘(a) RESERVE MEMBERS.—A member of a for himself and Ms. MIKULSKI, proposes an (b)’’. reserve component holding a valid Uni- amendment numbered 1073. (d) STYLISTIC AMENDMENTS.— formed Services Identification and Privilege Mr. CARDIN. I ask unanimous con- (1) SECTION HEADING.—The heading of such Card shall be provided transportation on De- sent that the reading of the amend- section is amended to read as follows: partment of Defense aircraft, on a space- available basis. ment be dispensed with. ‘‘§ 2613. Acceptance of frequent traveler ‘‘(b) RESERVE RETIREES UNDER APPLICABLE The PRESIDING OFFICER. Without miles, credits, points, and tickets: use to fa- objection, it is so ordered. ELIGIBILITY AGE.—A member or former mem- cilitate rest and recuperation travel of de- ber of a reserve component who, but for The amendment is as follows: ployed members and their families’’. being under the eligibility age applicable to (Purpose: To prohibit expansion or operation (2) TABLE OF SECTIONS.—The table of sec- the member under section 12731 of this title, of the District of Columbia National Guard tions at the beginning of chapter 155 of such otherwise would be eligible for retired pay Youth Challenge Program in Anne Arundel title is amended by striking the item relat- under chapter 1223 of this title shall be pro- County, Maryland) ing to section 2613 and inserting the fol- vided transportation on Department of De- At the end of subtitle H of title X, add the lowing new item: fense aircraft, on a space-available basis. following: ‘‘(c) WIDOWS AND WIDOWERS OF RETIRED ‘‘2613. Acceptance of frequent traveler miles, SEC. 1088. PROHIBITION ON EXPANSION OR OP- MEMBERS.— credits, points, and tickets: use ‘‘(1) IN GENERAL.—An unremarried widow ERATION OF DISTRICT OF COLUM- to facilitate rest and recuper- BIA NATIONAL GUARD YOUTH CHAL- or widower of a member of the armed forces LENGE PROGRAM IN ANNE ARUN- ation travel of deployed mem- described in paragraph (2) shall be provided DEL COUNTY, MARYLAND. bers and their families.’’. transportation on Department of Defense Notwithstanding any other provision of Mr. LEVIN. Mr. President, on No. aircraft, on a space-available basis. law, no funds may be used to expand or oper- 1188, I believe this amendment has been ‘‘(2) MEMBERS COVERED.—A member of the ate the District of Columbia National Guard cleared on both sides, and we could ac- armed forces referred to in paragraph (1) is a Youth Challenge Program in Anne Arundel tually agree to it tonight, right now. member who— County, Maryland. ‘‘(A) is entitled to retired pay; The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- ‘‘(B) is described in subsection (b); further debate on the amendment? ator from Maryland. ‘‘(C) dies in the line of duty while on active The amendment (No. 1188) was agreed duty and is not eligible for retired pay; or AMENDMENT NO. 1188 to. ‘‘(D) in the case of a member of a reserve Mr. CARDIN. I ask unanimous con- Mr. MCCAIN. Mr. President, I move component, dies as a result of a line of duty sent that the amendment now be set to reconsider the vote. condition and is not eligible for retired pay. aside so I can offer amendment No. ‘‘(d) DEPENDENTS.—A dependent of a mem- Mr. LEVIN. I move to lay that mo- 1188. ber or former member described in sub- The PRESIDING OFFICER. Without tion upon the table. section (a) or (b) or of an unremarried widow objection, it is so ordered. The clerk The motion to lay on the table was or widower described in subsection (c) hold- agreed to. ing a valid Uniformed Services Identification will report. and Privilege Card shall be provided trans- The bill clerk read as follows: The PRESIDING OFFICER. The Sen- ator from Alaska. portation on Department of Defense aircraft, The Senator from Maryland [Mr. CARDIN], on a space-available basis, if the dependent for himself, Mr. WICKER, Mrs. FEINSTEIN, Ms. AMENDMENT NO. 1114 is accompanying the member. MIKULSKI, Mr. ROCKEFELLER, Mr. CASEY, and Mr. BEGICH. Mr. President, I ask ‘‘(e) SCOPE.—Space-available travel re- Mr. BURR, proposes an amendment numbered unanimous consent that the pending quired by this section includes travel to and from locations within and outside the conti- 1188. amendment be set aside so I may call Mr. CARDIN. I ask unanimous con- nental United States. up amendment No. 1114. ‘‘(f) PRIORITY.—The priority level and cat- sent that the reading of the amend- The PRESIDING OFFICER. Without egory for space-available travel for the eligi- ment be dispensed with. objection, it is so ordered. ble members described in subsection (a), (b), The PRESIDING OFFICER. Without The clerk will report. (c), and (d) shall be determined by the Sec- objection, it is so ordered. retary of Defense. The bill clerk read as follows: The amendment is as follows: ‘‘(g) DEFINITION OF DEPENDENT.—In this (Purpose: To expand the Operation Hero The Senator from Alaska [Mr. BEGICH], for section, the term ‘dependent’ has the mean- Miles program to include the authority to himself, Ms. SNOWE, Mr. CASEY, Mr. GRASS- ing given that term in section 1072 of this title.’’. accept the donation of travel benefits in LEY, Mr. LEAHY, Mr. GRAHAM, and Ms. MUR- (2) CLERICAL AMENDMENT.—The table of the form of hotel points or awards for free KOWSKI, proposes an amendment numbered sections at the beginning of such chapter is or reduced-cost accommodations) 1114. Mr. BEGICH. I ask unanimous con- amended by inserting after the item relating At the end of subtitle E of title X, add the to section 2641b the following new item: following: sent that the reading of the amend- ‘‘2641c. Space-available travel on Depart- SEC. 1049. EXPANSION OF OPERATION HERO ment be dispensed with. ment of Defense aircraft: re- MILES. The PRESIDING OFFICER. Without serve members, reserve mem- (a) EXPANDED DEFINITION OF TRAVEL BEN- objection, it is so ordered. bers eligible for retired pay but EFIT.—Subsection (b) of section 2613 of title for age; widows and widowers of 10, United States Code, is amended to read as The amendment is as follows: retired members; and depend- follows: (Purpose: To amend title 10, United States ents.’’. ‘‘(b) TRAVEL BENEFIT DEFINED.—In this sec- Code, to authorize space-available travel tion, the term ‘travel benefit’ means— on military aircraft for members of the re- (b) REGULATIONS.—The Secretary of De- ‘‘(1) frequent traveler miles, credits for serve components, a member or former fense shall prescribe regulations to imple- tickets, or tickets for air or surface trans- member of a reserve component who is eli- ment section 2641c of title 10, United States portation issued by an air carrier or a sur- gible for retired pay but for age, widows Code, as added by subsection (a). face carrier, respectively, that serves the and widowers of retired members, and de- AMENDMENT NO. 1149 public; and pendents) Mr. BEGICH. I ask unanimous con- ‘‘(2) points or awards for free or reduced- At the end of subtitle E of title III, add the sent that the current amendment be cost accommodations issued by an inn, hotel, following: set aside for one more. or other commercial establishment that pro- SEC. 346. ELIGIBILITY OF RESERVE MEMBERS, The PRESIDING OFFICER. Without vides lodging to transient guests.’’. GRAY-AREA RETIREES, WIDOWS AND objection, it is so ordered. (b) CONDITION ON AUTHORITY TO ACCEPT DO- WIDOWERS OF RETIRED MEMBERS, The clerk will report. NATION.—Subsection (c) of such section is AND DEPENDENTS FOR SPACE- The bill clerk read as follows: amended— AVAILABLE TRAVEL ON MILITARY The Senator from Alaska [Mr. BEGICH] pro- (1) by striking ‘‘the air or surface carrier’’ AIRCRAFT. poses an amendment numbered 1149. and inserting ‘‘the business entity referred (a) ELIGIBILITY.— to in subsection (b)’’; (1) IN GENERAL.—Chapter 157 of title 10, Mr. BEGICH. I ask unanimous con- (2) by striking ‘‘the surface carrier’’ and United States Code, is amended by inserting sent that the reading of the amend- inserting ‘‘the business entity’’; and after section 2641b the following new section: ment be dispensed with.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7687 The PRESIDING OFFICER. Without (2) EKLUTNA PROPERTY.—As consideration BLUMENTHAL, Ms. STABENOW, and Mr. DUR- objection, it is so ordered. for the conveyance under subsection (a)(2), BIN, proposes an amendment numbered 1120. The amendment is as follows: the Secretary of the Air Force is authorized Mrs. SHAHEEN. I ask unanimous (Purpose: To authorize a land conveyance to receive, upon terms mutually agreeable to consent that the reading of the amend- and exchange at Joint Base Elmendorf the Secretary and Eklutna, such interests in ment be dispensed with. Richardson, Alaska) the surface estate of real property owned by The PRESIDING OFFICER. Without Eklutna and situated at the northeast At the end of subtitle C of title XXVIII, boundary of JBER and other consideration objection, it is so ordered. add the following: as considered satisfactory by the Secretary. The amendment is as follows: SEC. 2823. LAND CONVEYANCE AND EXCHANGE, (d) RESPONSIBILITY FOR ENVIRONMENTAL (Purpose: To exclude cases in which preg- JOINT BASE ELMENDORF RICHARD- nancy is the result of an act of rape or in- SON, ALASKA. CLEANUP.—The Secretary of the Air Force cest from the prohibition on funding of (a) CONVEYANCES AUTHORIZED.— shall retain liability under the Comprehen- abortions by the Department of Defense) (1) IN GENERAL.—In an effort to reduce Fed- sive Environmental Response, Compensa- eral expenses, resolve evolving land use con- tion, and Liability Act of 1980 (42 U.S.C. 9601 At the end of subtitle B of title VII, add flicts, and maximize the beneficial use of et seq.), and any other applicable environ- the following: real property resources by and between Joint mental statute or regulation, for any envi- SEC. 714. USE OF DEPARTMENT OF DEFENSE Base Elmendorf Richardson (in this section ronmental hazard on the properties conveyed FUNDS FOR ABORTIONS IN CASES referred to as the ‘‘JBER’’); the Municipality under subsection (a) as of the date or dates OF RAPE AND INCEST. Section 1093(a) of title 10, United States of Anchorage, an Alaska municipal corpora- of conveyance, unless such liability is con- Code, is amended by inserting before the pe- tion (in this section referred to as the ‘‘Mu- veyed in consideration for the exchanged riod at the end the following: ‘‘or in a case in nicipality’’); and Eklutna, Inc., an Alaska property. which the pregnancy is the result of an act Native village corporation organized pursu- (e) PAYMENT OF COSTS OF CONVEYANCE.— of rape or incest’’. ant to the Alaska Native Claims Settlement (1) PAYMENT REQUIRED.—The Secretary Act (43 U.S.C. 1601 et seq.) (in this section re- shall require the Municipality and Eklutna Mr. CARDIN. Mr. President, first, let ferred to as ‘‘Eklutna’’), the following con- to reimburse the Secretary to cover costs me thank Senator LEVIN and Senator veyances are authorized: (except costs for environmental remediation MCCAIN with regard to amendment No. (A) The Secretary of the Air Force may, in of the property) to be incurred by the Sec- 1188, which was my Hotels for Heroes consultation with the Secretary of the Inte- retary, or to reimburse the Secretary for amendment. I am going to be very rior, convey to the Municipality all right, costs incurred by the Secretary, to carry out the conveyances under subsection (a), in- brief. title, and interest of the United States in Hotels for Heroes follows on Hero and to all or any part of a parcel of real cluding survey costs, costs for environ- property, including any improvements there- mental documentation, and any other ad- Miles, a successful program which al- on, consisting of approximately 220 acres at ministrative costs related to the conveyance. lows our wounded warriors and their JBER situated to the west of and adjacent to (2) TREATMENT OF AMOUNTS RECEIVED.— families to use frequent flyer miles the Anchorage Regional Landfill in Anchor- Amounts received as reimbursement under that are donated for trips to military age, Alaska, for solid waste management paragraph (1) shall be credited to the fund or care facilities. I compliment my col- purposes, including reclamation thereof, and account that was used to cover those costs league in the House, Congressman incurred by the Secretary in carrying out for alternative energy production, and other DUTCH RUPPERSBERGER, for his work on related activities. This authority may not be the conveyance. Amounts so credited shall establishing that program. exercised unless and until the March 15, 1982, be merged with amounts in such fund or ac- North Anchorage Land Agreement is amend- count, and shall be available for the same The amendment which was just ac- ed by the parties thereto to specifically per- purposes, and subject to the same conditions cepted, which Senators WICKER, FEIN- mit the conveyance under this subparagraph. and limitations, as amounts in such fund or STEIN, MIKULSKI, ROCKEFELLER, CASEY, (B) The Secretary of the Air Force may, in account. and BURR cosponsored, expands that consultation with the Secretary of the Inte- (f) TREATMENT OF CASH CONSIDERATION RE- program to include hotel points so that rior, upon terms mutually agreeable to the CEIVED.—Any cash payment received by the family members can use the donated Secretary of the Air Force and Eklutna, con- United States as consideration for the con- hotel points for housing so they can be vey to Eklutna all right, title, and interest veyances under subsection (a) shall be depos- near and visit their wounded warriors of the United States in and to all or any part ited in the special account in the Treasury who are on rest and recuperative leave, of a parcel of real property, including any established under subsection (b) of section improvements thereon, consisting of ap- 572 of title 40, United States Code, and shall emergency leave, convalescent leave, proximately 130 acres situated on the north- be available in accordance with paragraph or another form of authorized leave east corner of the Glenn Highway and Boni- (5)(B) of such subsection. necessary because of an injury or ill- face Parkway in Anchorage, Alaska, or such (g) DESCRIPTION OF PROPERTY.—The exact ness incurred or aggravated in the line other property as may be identified in con- acreage and legal description of the real of duty in support of a contingency op- sultation with the Secretary of the Interior, property to be conveyed under subsection (a) eration. for any use compatible with JBER’s current and of the real property interests to be ac- I also want to comment very briefly and reasonably foreseeable mission as deter- quired under subsection (b) shall be deter- on the other amendment I filed, which mined by the Secretary of the Air Force. mined by surveys satisfactory to the Sec- is No. 1073, that Senator MIKULSKI co- (2) RIGHT TO WITHHOLD TRANSFER.—The retary. Secretary may withhold transfer of any por- (h) OTHER OR ADDITIONAL TERMS AND CON- sponsored. This amendment would pro- tion of the real property described in para- DITIONS.—The Secretary may require such hibit the District of Columbia’s Na- graph (1) based on public interest or military additional terms and conditions in connec- tional Guard from operating or expand- mission requirements. tion with the conveyances under subsection ing its Youth Challenge Program in (b) TRANSFER OF ADMINISTRATIVE CON- (a) as the Secretary considers appropriate to Anne Arundel County because there is TROL.— protect the interests of the United States. also a better alternative already in (1) REAL PROPERTY ACTIONS.—The Sec- retary of the Interior shall complete any real The PRESIDING OFFICER. The Sen- place. property actions necessary to allow the Sec- ator from Maryland. The DC National Guard currently retary of the Air Force to convey property Mr. CARDIN. Mr. President, if there partners with the Maryland National under this section. is no one else who wishes to offer Guard to provide valuable service to (2) ADMINISTRATIVE JURISDICTION.—The amendments— at-risk children through the Youth Secretary of Interior, acting through the Bu- The PRESIDING OFFICER. The Sen- Challenge Program at Aberdeen Prov- reau of Land Management, shall, upon re- ator from New Hampshire. ing Grounds in Harford County, MD. I quest from the Secretary of the Air Force, transfer administrative jurisdiction over any AMENDMENT NO. 1120 have visited the two programs at that requested parcel of property to the Secretary Mrs. SHAHEEN. Mr. President, I ask site, and that is where I think it is log- of the Air Force for purposes of carrying out unanimous consent to set aside the ical to see an expansion. the conveyances authorized under subsection pending amendment and to call up Here’s the problem with the so-called (a). amendment No. 1120. Oak Hill facility in Anne Arundel (c) CONSIDERATION.— The PRESIDING OFFICER. Without County, which is what this amendment (1) MUNICIPALITY PROPERTY.—As consider- objection, it is so ordered. deals with: that parcel of land borders ation for the conveyance under subsection the National Security Agency (NSA), (a)(1), the Secretary of the Air Force may re- The clerk will report. ceive in-kind solid waste management serv- The bill clerk read as follows: which will need more space. This is ices at the Anchorage Regional Landfill, and The Senator from New Hampshire [Mrs. Federal property located in the State such other consideration as determined sat- SHAHEEN], for herself, Mrs. GILLIBRAND, Mrs. of Maryland that is important for our isfactory by the Secretary. BOXER, Mr. LAUTENBERG, Mrs. MURRAY, Mr. national security.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7688 CONGRESSIONAL RECORD — SENATE November 17, 2011 In the 1920s, the District of Columbia The Senator from Maine [Ms. COLLINS] pro- aircraft by man-portable air-defense systems got permission from Congress to place poses en bloc amendments numbered 1105, (MANPADS) that were in Libya as of March on that property—and please under- 1155, 1158, and 1180. 19, 2011. The amendments are as follows: (2) To seek the cooperation of, and to as- stand I am quoting from the original sist, the Government of Libya and govern- authorizing language—a facility for AMENDMENT NO. 1105 ments of neighboring countries and other children that are ‘‘feeble-minded.’’ (Purpose: To make permanent the require- countries (as determined by the President) That was the exact language contained ment for certifications relating to the to secure, remove, or eliminate stocks of in the fiscal year 1924 District of Co- transfer of detainees at United States man-portable air-defense systems described lumbia appropriations bill. Naval Station, Guantanamo Bay, Cuba, to in paragraph (1) that pose a threat to United Since that time, the District, with- foreign countries and other foreign enti- States citizens and citizens of allies of the ties) out our knowledge, constructed a juve- United States, including Israel, traveling by aircraft. nile detention facility and now wants On page 365, line 12, strike ‘‘for fiscal year 2012’’. (3) To pursue, as a matter of priority, an to add the Youth Challenge Program, AMENDMENT NO. 1155 agreement with the Government of Libya which is doing just fine at Aberdeen. and governments of neighboring countries (Purpose: To authorize educational assist- The purpose of this amendment is to and other countries (as determined by the ance under the Armed Forces Health Pro- Secretary of State) to formalize cooperation say: Look, we already have a place fessions Scholarship program for pursuit of with the United States to limit the avail- where the Youth Challenge Program advanced degrees in physical therapy and should be and can expand as necessary. ability, transfer, and proliferation of man- occupational therapy) portable air-defense systems described in We should not be using this other Fed- At the end of subtitle D of title V, add the paragraph (1). eral land in the State of Maryland ad- following: (b) INTELLIGENCE COMMUNITY ASSESSMENT jacent to NSA for this type of expan- SEC. 547. EDUCATIONAL ASSISTANCE FOR AD- ON MANPADS IN LIBYA.— sion without working with the appro- VANCED DEGREES IN PHYSICAL (1) IN GENERAL.—The Director of National priate State and local officials, as well THERAPY AND OCCUPATIONAL Intelligence shall submit to Congress an as- THERAPY UNDER THE ARMED as federal officials. sessment by the intelligence community FORCES HEALTH PROFESSIONS that accounts for the disposition of, and the I hope this amendment can get SCHOLARSHIP PROGRAM. threat to United States citizens and citizens (a) IN GENERAL.—In accordance with guid- cleared. But I wanted to explain the of allies of the United States, including ance issued by the Secretary of Defense for reason I filed it and called it up. I Israel, traveling by aircraft, posed by man- purposes of this section, assistance under the thank the Chair for your attention. portable air-defense systems that were in Armed Forces Health Professions Scholar- I yield the floor. Libya as of March 19, 2011. The assessment ship program under subchapter I of chapter The PRESIDING OFFICER. The Sen- shall be submitted as soon as practicable, 105 of title 10, United States Code, shall be but not later than the end of the 45-day pe- ator from Minnesota. available for pursuit of a master’s degree and Mr. FRANKEN. Mr. President, the riod beginning on the date of the enactment a doctoral degree in the disciplines as fol- of this Act. amendment I offered— lows: (2) ELEMENTS.—The assessment submitted Mr. MCCAIN addressed the Chair. (1) Physical therapy. under this subsection shall include the fol- The PRESIDING OFFICER. The Sen- (2) Occupational therapy. lowing: ator from Minnesota has the floor. (b) TERMINATION.—The guidance under sub- (A) An estimate of the number of man- Mr. FRANKEN. I yield. section (a) shall provide that the availability portable air-defense systems that were in The PRESIDING OFFICER. The Sen- of assistance as described in that subsection Libya as of March 19, 2011. ator from Minnesota. for pursuit of a degree in a discipline covered (B) An estimate of the number of man- by that subsection shall cease when the Sec- portable air-defense systems in Libya as of Mr. MCCAIN. Mr. President, I would retary certifies to Congress that there no just say that we have the Senator from March 19, 2011, that are currently in the se- longer exists a current or projected shortfall cure custody of the Government of Libya, Maine here. I thought we were going to in qualified personnel in that discipline in ei- the United States, an ally of the United go through the process of pending ther of the following: States, a member of the North Atlantic amendments before we spoke. I think (1) The military departments. Treaty Organization (NATO), or the United the Senator’s amendment is already (2) Any major military medical treatment Nations. pending. facility specializing in the rehabilitation of (C) An estimate of the number of man- Mr. FRANKEN. It is. Because the wounded members of the Armed Forces. portable air-defense systems in Libya as of Senator from Maryland spoke to his AMENDMENT NO. 1158 March 19, 2011, that were destroyed, disabled, amendment, I thought that process was (Purpose: To clarify the permanence of the or otherwise rendered unusable during Oper- ation Unified Protector. over. I apologize. prohibition on transfers of recidivist de- tainees at United States Naval Station, (D) An estimate of the number of man- Mr. MCCAIN. Not at all. It is no big Guantanamo Bay, Cuba, to foreign coun- portable air-defense systems in Libya as of deal at all. Maybe the Senator from tries and entities) March 19, 2011, that were destroyed, dis- Maine could make her amendments On page 367, strike line 11 and all that fol- armed, or otherwise rendered unusable fol- pending. lows through ‘‘Guantanamo’’ on line 18 and lowing Operation Unified Protector. Mr. LEVIN. Would the Senator from insert the following: (E) An assessment of the number of man- Maine yield? (c) PERMANENT PROHIBITION IN CASES OF portable air-defense systems that is the dif- I wanted to thank the Senator from PRIOR CONFIRMED RECIDIVISM.— ference between the number of man-portable air-defense systems in Libya as of March 19, Minnesota for his courtesy because he (1) PERMANENT PROHIBITION.—Except as 2011, and the cumulative number of man- had no way of knowing that the Sen- provided in paragraph (2) and subject to sub- section (d), the Secretary of Defense may not portable air-defense systems accounted for ator from Maine was here to offer her under subparagraphs (B) through (D), and the amendments. I just want to thank the use any amounts authorized to be appro- priated or otherwise made available to the current disposition and locations of such Senator. Department of Defense for any fiscal year to man-portable air-defense systems. Mr. FRANKEN. I would like to thank transfer an individual detained at Guanta- (F) An assessment of the number of man- the Senator from Michigan for thank- namo portable air-defense systems that are cur- rently in the custody of militias in Libya. ing me. AMENDMENT NO. 1180 (G) A list of any organizations designated The PRESIDING OFFICER. The Sen- (Purpose: Relating to man-portable air- ator from Maine. as terrorist organizations by the Department defense systems originating from Libya) of State, or affiliate organizations or mem- AMENDMENT NOS. 1105, 1155, 1158, AND 1180 At the end of subtitle C of title XII, add bers of such organizations, that are known or Ms. COLLINS. Mr. President, I ask the following: believed to have custody of any man-port- unanimous consent that the pending SEC. 1243. MAN-PORTABLE AIR-DEFENSE SYS- able air-defense systems that were in the amendment be set aside so I could call TEMS ORIGINATING FROM LIBYA. custody of the Government of Libya as of up to make pending en bloc amend- (a) STATEMENT OF POLICY.—Pursuant to March 19, 2011. ments Nos. 1105, 1155, 1158, and 1180, section 11 of the Department of State Au- (H) An assessment of the threat posed to thorities Act of 2006 (22 U.S.C. 2349bb–6), the United States citizens and citizens of allies which are at the desk. following is the policy of the United States: of the United States, including Israel, trav- The PRESIDING OFFICER. Without (1) To reduce and mitigate, to the greatest eling by aircraft from unsecured man-port- objection, it is so ordered. The clerk extent feasible, the threat posed to United able air-defense systems (as defined in sec- will report the amendments en bloc. States citizens and citizens of allies of the tion 11 of the Department of State Authori- The bill clerk read as follows: United States, including Israel, traveling by ties Act of 2006) originating from Libya.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7689 (I) An assessment of the effectiveness of ef- considers appropriate to implement the shortfalls in personnel. The Army and Army forts undertaken by the United States, strategy required by paragraph (1). National Guard have been especially affected Libya, Mauritania, Egypt, Algeria, Tunisia, (C) FORM.—The report required by this by the inability to field needed personnel. Mali, Morocco, Niger, Chad, the United Na- paragraph shall be submitted in unclassified (5) A muted ability to field qualified mili- tions, the North Atlantic Treaty Organiza- form, but may include a classified annex. tary health counselors and chaplains has an tion, and any other country or entity (as de- The PRESIDING OFFICER. The Sen- adverse affect on the mental and emotional termined by the Director) to reduce the ator from Oklahoma. health of members of the Armed Forces and threat posed to United States citizens and their families. AMENDMENTS NOS. 1094, 1095, 1096, 1097, 1098, 1099, citizens of allies of the United States, in- (6) The United States Army Chaplain Cen- 1100, 1101, 1102, AND 1093 cluding Israel, traveling by aircraft from ter and School, United States Navy Chap- man-portable air-defense systems that were Mr. INHOFE. Mr. President, I ask laincy School and Center, and other military in Libya as of March 19, 2011. unanimous consent to set aside the chaplaincy schools rely on accredited univer- (J) An assessment of the effect of the pro- pending amendment for the purpose of sities, seminaries, and religious schools to liferation of man-portable air-defense sys- the consideration of 10 amendments en produce qualified counselors and chaplain tems that were in Libya as of March 19, 2011, bloc. I will read these: 1094, 1095, 1096, candidates. on the price and availability of man-portable 1097, 1098, 1099, 1100, 1101, 1102, and 1093. (7) It is important that accredited univer- air-defense systems that are on the global The PRESIDING OFFICER. Without sities, seminaries, and religious schools pro- arms market. objection, it is so ordered. The clerk ducing chaplain candidates or providing (3) NOTICE REGARDING DELAY IN SUB- post-graduate education and supplemental MITTAL.—If, before the end of the 45-day pe- will report. training adequately prepare students with riod specified in paragraph (1), the Director The bill clerk read as follows: the training required to address the needs of determines that the assessment required by The Senator from Oklahoma [Mr. INHOFE] members of the Armed Forces and their fam- that paragraph cannot be submitted by the proposes en bloc amendments numbered 1094, ilies. end of that period as required by that para- 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, and (8) There is both opportunity and need for graph, the Director shall (before the end of 1093. the Chaplain Corps of the United States that period) submit to Congress a report set- Mr. INHOFE. Mr. President, I ask Armed Forces to work with accredited uni- ting forth— unanimous consent that the reading of versities, seminaries, and religious schools (A) the reasons why the assessment cannot to produce qualified counselors and chaplain be submitted by the end of that period; and the amendments be dispensed with. The PRESIDING OFFICER. Without candidates and provide post-graduate edu- (B) an estimated date for the submittal of cation and supplemental training, and to do the assessment. objection, it is so ordered. so in a way that is cost effective. ORM (4) F .—The assessment under this sub- The amendments are as follows: (b) SENSE OF THE SENATE.—It is the sense section shall be submitted in unclassified AMENDMENT NO. 1094 of the Senate that— form, but may include a classified annex. (Purpose: To include the Department of (1) the Secretary of Defense, in conjunction (c) COMPREHENSIVE STRATEGY ON THREAT Commerce in contract authority using with the Chief of Chaplains for each military OF MANPADS ORIGINATING FROM LIBYA.— competitive procedures but excluding par- service, should produce a plan to ensure sus- (1) STRATEGY REQUIRED.—The President tainable throughput of qualified chaplains in shall develop and implement, and from time ticular sources for establishing certain re- the military chaplain centers and schools; to time update, a comprehensive strategy, search and development capabilities) pursuant to section 11 of the Department of At the end of subtitle E of title VIII, add and State Authorities Act of 2006, to reduce and the following: (2) the plan should include integration of accredited universities, seminaries, and reli- mitigate the threat posed to United States SEC. 889. INCLUSION OF DEPARTMENT OF COM- citizens and citizens of allies of the United MERCE IN CONTRACT AUTHORITY gious schools to include programmatic aug- States, including Israel, traveling by aircraft USING COMPETITIVE PROCEDURES mentation when efficient and fiscally advan- from man-portable air-defense systems that BUT EXCLUDING PARTICULAR tageous. were in Libya as of March 19, 2011. SOURCES FOR ESTABLISHING CER- AMENDMENT NO. 1096 TAIN RESEARCH AND DEVELOP- (2) REPORT REQUIRED.— MENT CAPABILITIES. (Purpose: To express the sense of the Senate (A) IN GENERAL.—Not later than 45 days Section 2304(b) of title 10, United States on treatment options for members of the after the assessment required by subsection Code, is amended— Armed Forces and veterans for Traumatic (b) is submitted to Congress, the President (1) by redesignating paragraphs (3) and (4) Brain Injury and Post Traumatic Stress shall submit to Congress a report setting as paragraphs (4) and (5), respectively; and Disorder) forth the strategy required by paragraph (1). (2) by inserting after paragraph (2) the fol- At the end of subtitle C of title VII, add (B) ELEMENTS.—The report required by this lowing new paragraph (3): the following: paragraph shall include the following: ‘‘(3) The Secretary of Commerce shall be (i) A timeline for future efforts by the SEC. 723. SENSE OF SENATE ON TREATMENT OP- treated as the head of an agency for purposes TIONS FOR MEMBERS OF THE United States, Libya, and neighboring coun- of procurements under paragraph (1) that are ARMED FORCES AND VETERANS FOR tries to— covered by a determination under subpara- TRAUMATIC BRAIN INJURY AND (I) secure, remove, or disable any man- graph (C) of that paragraph.’’. POST TRAUMATIC STRESS DIS- portable air-defense systems that remain in ORDER. AMENDMENT NO. 1095 Libya; (a) FINDINGS.—The Senate makes the fol- (II) counter proliferation of man-portable (Purpose: To express the sense of the Senate lowing findings: air-defense systems originating from Libya on the importance of addressing defi- (1) Approximately 1,400,000 Americans ex- that are in the region; and ciencies in mental health counseling) perience Traumatic Brain Injury (TBI) each (III) disrupt the ability of terrorists, non- At the end of subtitle H of title X, add the year, and an estimated 3,200,000 Americans state actors, and state sponsors of terrorism following: are living with long-term, severe disabilities to acquire such man-portable air-defense SEC. 1088. MENTAL HEALTH COUNSELING TRAIN- as a result of brain injury. Another approxi- systems. ING FOR MILITARY CHAPLAINS. mate 360,000 men and women are estimated (ii) A description of any additional funding (a) FINDINGS.—The Senate makes the fol- to have been experienced a Traumatic Brain required to address the threat of man-port- lowing findings: Injury in the conflicts in Iraq and Afghani- able air-defense systems originating from (1) A decade of deployments for the United stan to date. Libya. States Armed Forces has led to significant (2) Congressional funding for Traumatic (iii) A summary of United States Govern- increases in traumatic stress for members of Brain Injury activities began with Public ment efforts, and technologies current avail- the Armed Forces and their families. Law 104–166 (commonly referred to as the able, to reduce the susceptibility and vulner- (2) Increases in the severity and frequency ‘‘Traumatic Brain Injury Act of 1996’’) and ability of civilian aircraft to man-portable of stress for members of the Armed Forces has subsequently been addressed in title XIII air-defense systems, including an assessment and their families has driven up demand for of Public Law 106–310 (commonly referred to of the feasibility of using aircraft-based anti- mental health counseling services by spe- as the ‘‘Traumatic Brain Injury Act Amend- missile systems to protect United States cially trained counselors and military chap- ments of 2000’’), which mandated reports and passenger jets. lains. requirements for mild Traumatic Brain In- (iv) Recommendations for the most effec- (3) The emotional needs, mental strain, jury, and in Acts authorizing and appro- tive policy measures that can be taken to re- and interpersonal issues that arise among priating funds for the Department of Defense duce and mitigate the threat posed to United soldiers and their families before, during, to date. States citizens and citizens of allies of the and after deployment are highly unique. It is (3) In 1992 during the Persian Gulf War, United States, including Israel, traveling by critical that military counselors and chap- Congress created the Defense and Veterans aircraft from man-portable air-defense sys- lains have a specialized understanding of the Head Injury Program (DVHIP) to integrate tems that were in Libya as of March 19, 2011. total deployment experience. specialized Traumatic Brain Injury care, re- (v) Such recommendations for legislative (4) The military chaplain’s corps for all search, and education across the military or administrative action as the President military services has experienced significant and veteran medical care systems.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7690 CONGRESSIONAL RECORD — SENATE November 17, 2011 (4) With Congressional oversight and ap- (5) Section 1618 of the Wounded Warriors State efforts to mitigate the material risks propriations, the Department of Defense sub- Act (title XVI of Public Law 110–181; 122 of any such foreign boycott to the defense in- sequently transitioned the Defense and Vet- Stat. 450; 10 U.S.C. 1071 note) required the dustrial base; and erans Head Injury Program to the Defense Secretary of Defense to submit a comprehen- (5) recommendations of the Comptroller and Veterans Brain Injury Center (DVBIC) in sive plan for programs and activities of the General to reduce the material risks of for- order improve the military and veterans Department of Defense to prevent, diagnose, eign boycotts to the defense industrial base, medical communities ability to develop and mitigate, treat, research, and otherwise re- including recommendations for changes to provide advanced Traumatic Brain Injury- spond to traumatic brain injury, post-trau- legislation, regulation, policy, or procedures. specific evaluation, treatment, and follow-up matic stress disorder, and other mental (c) CONFIDENTIALITY.—The Comptroller care for military personnel, their bene- health conditions in members of the Armed General shall not publicly disclose the names ficiaries, and veterans with mild to severe Forces. of any person, organization, or entity in- Traumatic Brain Injury. (6) The plan required in that Act was to as- volved in or affected by any foreign boycott (5) Though Congress, the Department of sess the capabilities of the Department, identified in the report required under sub- Defense, and the Department of Veterans Af- identify capability gaps, identify resources section (a) without the express written ap- fairs have increased the capacity to provide required, and identify appropriate leadership proval of the person, organization, or entity health services, particularly in the areas of that would coordinate the various programs. concerned. mental health and Traumatic Brain Injury, (7) Section 1621 of the Wounded Warriors (d) DEFINITIONS.—In this section: gaps in access and quality remain, to include Act (title XVI of Public Law 110–181; 122 (1) FOREIGN BOYCOTT.—The term ‘‘foreign a selected method for diagnosing a Trau- Stat. 453; 10 U.S.C. 1071 note) established the boycott’’ means any policy or practice matic Brain Injury, a consistent process for Defense Centers of Excellence for Psycho- adopted by a foreign government or foreign treatment for a Traumatic Brain Injury, logical Health and Traumatic Brain Injury business enterprise intended to directly pe- availability of providers, shortages of per- (DCoE) to implement the Department’s com- nalize, disadvantage, or harm any contractor sonnel, organizational deficiencies, cultural prehensive plan and strategy. or subcontractor of the Department of De- understanding and acceptance, and available (b) STREAMLINING PLAN.— fense, or otherwise dissociate the foreign technology in diagnosis and treatment. (1) PLAN REQUIRED.—Not later than 90 days government or foreign business enterprise (6) Gaps in quality of care and limited ac- after the date of the enactment of this Act, from such a contractor or subcontractor on cess to proper care remain for both members the Secretary of Defense shall submit to the account of the provision by that contractor of the Armed Forces and veterans, especially congressional defense committees a plan to or subcontractor of any product or service to veterans who are demobilized members of streamline programs currently sponsored or the Department. the National Guard and Reserve. Some esti- funded by the Department to address psycho- (2) APPROPRIATE CONGRESSIONAL COMMIT- mates indicate that approximately 57 per- logical health and traumatic brain injury. TEES.—The term ‘‘appropriate congressional cent of those returning from Iraq and Af- (2) ELEMENTS.—The plan required under committees’’ means— ghanistan are not being evaluated by a phy- paragraph (1) shall include the following ele- (A) the congressional defense committees; sician for a brain injury. ments: and (b) SENSE OF SENATE.—It is the sense of the (A) A complete catalog of programs cur- (B) the Committee on Foreign Relations of Senate that— rently sponsored or funded by the Depart- the Senate and the Committee on Foreign (1) the Department of Defense and Depart- ment to address psychological health and Affairs of the House of Representatives. ment of Veterans Affairs should be com- traumatic brain injury, including details of AMENDMENT NO. 1099 mended for increasing the treatment options the intended function of each program. (Purpose: To express the sense of Congress for Traumatic Brain Injury that are avail- (B) An analysis of gaps in the delivery of that the Secretary of Defense should im- able to veterans; services and treatments identified by the plement the recommendations of the (2) the Secretary of Defense should, in con- complete catalog required under subpara- Comptroller General of the United States sultation with the Secretary of Veterans Af- graph (A). regarding prevention, abatement, and data fairs, continue to test, prove, and make (C) An analysis of redundancies identified collection to address hearing injuries and available viable treatment options for Trau- in the complete catalog required under sub- hearing loss among members of the Armed matic Brain Injury, including alternative paragraph (A). Forces) treatment methods that have been deter- (D) A plan for eliminating redundancies At the end of subtitle B of title VII, add mined, through testing, to be an effective and mitigating the gaps identified in the the following: form of treatment; and plan. SEC. 714. SENSE OF CONGRESS ON ADOPTION BY (3) the Secretary of Defense and the Sec- (E) Identification of the official within the DEPARTMENT OF DEFENSE OF REC- retary of Veterans Affairs should take ac- Department that will be responsible for en- OMMENDATIONS BY GAO REGARD- tions to ensure that existing veteran and actment of the plan. ING HEARING LOSS PREVENTION. medical benefits cover the use of viable (F) A timeline for enactment of the plan. (a) FINDINGS.—Congress makes the fol- available treatment options for Traumatic (c) REPORT.—Not later than one year after lowing findings: Brain Injury, including alternative treat- the date of the enactment of this Act, the (1) The advent of the jet engine and more ment methods. Secretary of Defense shall submit to the con- powerful munitions has increased the in- AMENDMENT NO. 1097 gressional defense committees a report on stance of auditory injury to members of the (Purpose: To eliminate gaps and progress in implementing the plan required Armed Forces. redundancies between the over 200 pro- under subsection (b). (2) Since 2005, the most common service- grams within the Department of Defense AMENDMENT NO. 1098 connected disabilities for which veterans re- that address psychological health and (Purpose: To require a report on the impact ceived compensation under laws adminis- traumatic brain injury) of foreign boycotts on the defense indus- tered by the Secretary of Veterans Affairs At the end of subtitle C of title VII, add trial base) have been auditory impairments, including hearing loss and tinnitus. The number of vet- the following: At the end of subtitle E of title VIII, add erans receiving such compensation for audi- SEC. 723. PLAN FOR STREAMLINING PROGRAMS the following: THAT ADDRESS PSYCHOLOGICAL tory impairment has risen each year since SEC. 889. REPORT ON IMPACT OF FOREIGN BOY- 2005, increasing the number and cost of com- HEALTH AND TRAUMATIC BRAIN IN- COTTS ON THE DEFENSE INDUS- JURY. TRIAL BASE. pensation claims paid by the Secretary and (a) FINDINGS.—Congress makes the fol- (a) IN GENERAL.—Not later than February prompting a series of reports on the subject, lowing findings: 1, 2012, the Comptroller General of the include a January 2011 report by the Comp- (1) There are over 200 programs within the United States shall submit to the appro- troller General of the United States entitled Department of Defense that address psycho- priate congressional committees a report ‘‘Hearing Loss Prevention: Improvements to logical health and traumatic brain injury setting forth an assessment of the impact of DOD Hearing Conservation Programs Could (TBI). foreign boycotts on the defense industrial Lead to Better Outcomes’’. (2) The number of programs reflects the se- base. (3) Costs to the Department of Veterans riousness with which the Department and (b) ELEMENTS.—The report required by sub- Affairs relating to compensation for hearing- the United States Government and people section (a) shall include— related disabilities are expected to double take the treatment of the invisible wounds (1) a summary of foreign boycotts that between 2009 and 2014, exceeding $2,000,000,000 of the wars in Iraq and Afghanistan. posed a material risk to the defense indus- by 2014. (3) Notwithstanding the proliferation of trial base from January 2008 to the date of (4) There is a growing body of peer re- programs, there are still gaps in the treat- the enactment of this Act; viewed literature indicating a direct connec- ment of our wounded warriors. (2) the apparent objection of each such tion between traumatic brain injury, post (4) Because of the proliferation of pro- boycott; traumatic stress disorder, and auditory dis- grams, redundancies and inefficiencies exist (3) an assessment of harm to the defense orders. and waste resources that would otherwise be industrial base as a result of each such boy- (5) 70 percent of members of the Armed used to effectively treat members of the cott; Forces who are exposed to a blast report au- Armed Forces suffering from psychological (4) an assessment of the sufficiency of De- ditory disorders within 72 hours of the expo- health and traumatic brain injuries. partment of Defense and Department of sure.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7691 (6) Section 721 of the Duncan Hunter Na- SEC. 1038. REQUIREMENT FOR DETENTION AT (13) Key intelligence used to find Osama tional Defense Authorization Act for Fiscal UNITED STATES NAVAL STATION, bin Laden was obtained at least in part Year 2009 (Public Law 110–417; 122 Stat. 4506) GUANTANAMO BAY, CUBA, OF HIGH- through the use of enhanced interrogation of VALUE DETAINEES WHO WILL BE requires the Secretary of Defense to estab- DETAINED LONG-TERM. detainees at the Guantanamo Bay Detention lish a center of excellence in the prevention, (a) FINDINGS.—Congress makes the fol- Facility, with Leon Panetta, Director of the diagnosis, mitigation, treatment, and reha- lowing findings: Central Intelligence Agency, acknowledging bilitation of hearing loss and auditory sys- (1) The United States is still in a global that ‘‘[c]learly some of it came from detain- tem injury. war on terror and engaged in armed conflict ees and the interrogation of detainees. . .’’ (7) There is no cure for tinnitus, which con- with terrorist organizations, and will con- and confirming that ‘‘they used these en- sists of an often debilitating ringing in the tinue to capture terrorists who will need to hanced interrogation techniques against ear. The projected effect of tinnitus on vet- be detained in a secure facility. some of those detainees’’. erans, rise in new cases of tinnitus-related (2) Since 2002, enemy combatants have (b) REQUIREMENT.—Each high-value enemy service-connected disabilities among vet- been captured by the United States and its combatant who is captured or otherwise erans, and the correlating rise in disability allies and detained in facilities at the Guan- taken into long-term custody or detention claims and cost to the Department of Vet- tanamo Bay Detention Facility (GTMO) at by the United States shall, while under such erans Affairs make finding effective treat- United States Naval Station, Guantanamo detention of the United States, be detained ment, abatement options, and a cure for Bay, Cuba. at the Guantanamo Bay Detention Facility tinnitus a priority. (3) The United States has detained almost (GTMO) at United States Naval Station, (b) SENSE OF CONGRESS.—It is the sense of 800 al-Qaeda and Taliban combatants at the Guantanamo Bay, Cuba. (c) HIGH-VALUE ENEMY COMBATANT DE- Congress that the Secretary of Defense Guantanamo Bay Detention Facility. FINED.—In this section, the term ‘‘high-value should, in cooperation with the Secretary of (4) More than 600 detainees have been tried, enemy combatant’’ means an enemy combat- Veterans Affairs and the Director of the transferred, or released from the Guanta- ant who— Hearing Center of Excellence of the Depart- namo Bay Detention Facility to other coun- (1) is a senior member of al-Qaeda, the ment of Defense, implement the rec- tries. Taliban, or any associated terrorist group; ommendations of the Comptroller General of (5) The last enemy combatant brought to (2) has knowledge of an imminent terrorist the United States in the January 2011 report the Guantanamo Bay Detention Facility for threat against the United States or its terri- of the Comptroller General entitled ‘‘Hear- detention was brought in June 2008. tories, the Armed Forces of the United ing Loss Prevention: Improvements to DOD (6) The military detention facilities at the States, the people or organizations of the Hearing Conservation Programs Could Lead Guantanamo Bay Detention Facility meet United States, or an ally of the United to Better Outcomes’’ that address preven- the highest international standards, and States; tion, abatement, data collection, and the play a fundamental part in protecting the (3) has, or has had, direct involvement in need for a new interagency data sharing sys- lives of Americans from terrorism. planning or preparing a terrorist action tem so that sufficient information is avail- (7) The Guantanamo Bay Detention Facil- against the United States or an ally of the able to address and track hearing injuries ity is a state-of-the-art facility that provides United States or in assisting the leadership and loss. humane treatment for all detainees, is fully of al-Qaeda, the Taliban, or any associated AMENDMENT NO. 1100 compliant with the Geneva Convention, and terrorist group in planning or preparing such (Purpose: To extend to products and services provides treatment and oversight that ex- a terrorist action; or from Latvia existing temporary authority ceed any maximum-security prison in the (4) if released from detention, would con- to procure certain products and services world, as attested to by human rights orga- stitute a clear and continuing threat to the from countries along a major route of sup- nizations, the International Committee of United States or any ally of the United ply to Afghanistan) the Red Cross, Attorney General Holder, and States. At the end of subtitle A of title VIII, add an independent commission led Admiral The PRESIDING OFFICER. The Sen- the following: Walsh. (8) The Guantanamo Bay Detention Facil- ator from Minnesota. SEC. 808. TEMPORARY AUTHORITY TO ACQUIRE Mr. FRANKEN. Mr. President, the CERTAIN PRODUCTS AND SERVICES ity is a secure location away from popu- PRODUCED IN LATVIA. lation centers, provides maximum security amendment I offered, No. 1197, will help Section 801(d) of the National Defense Au- required to prevent escape, provides multiple small businesses. Small businesses thorization Act for Fiscal Year 2010 (Public levels of confinement opportunities based on often serve as subcontractors, or sup- Law 111–84; 123 Stat. 2400) is amended by the compliance of detainees, and provides pliers, to large corporations that have striking ‘‘or Turkmenistan’’ and inserting medical care not available a majority of the a primary government contract. My ‘‘Turkmenistan, or Latvia’’. population of the world. amendment would help guarantee that AMENDMENT NO. 1101 (9) The Expeditionary Legal Complex small businesses get paid by these (Purpose: To strike section 156, relating to a (ELC) at the Guantanamo Bay Detention Fa- cility is the only one of its kind in the world. large corporations in a timely way. transfer of Air Force C–12 aircraft to the More specifically, my amendment Army) It provides a secure location to secure and try detainees charged by the United States would require the Office of Manage- Strike section 156. Government, full access to sensitive and ment and Budget to issue regulations AMENDMENT NO. 1102 classified information, full access to defense in the next year to do this. (Purpose: To require a report on the feasi- lawyers and prosecution, and full media ac- This amendment sounds simple. bility of using unmanned aerial systems to cess by the press. There is a reason for that. It is. It is perform airborne inspection of naviga- (10) The Guantanamo Bay Detention Facil- something we can do here today that tional aids in foreign airspace) ity is the single greatest repository of At the end of subtitle G of title X, add the human intelligence in the war on terror. will offer real and significant help to following: (11) The intelligence derived from the small businesses. It is going to offer SEC. 1080. REPORT ON FEASIBILITY OF USING Guantanamo Bay Detention Facility has pre- predictability and certainty to them. UNMANNED AERIAL SYSTEMS TO vented terrorist attacks and saved lives in Anyone who owns a small business PERFORM AIRBORNE INSPECTION the past and continues to do so today. will tell you that they can’t hire more OF NAVIGATIONAL AIDS IN FOREIGN (12) The intelligence obtained from ques- people or plan for the future if they AIRSPACE. tioning detainees at the Guantanamo Bay Not later than 90 days after the date of the don’t know when their next paycheck Detention Facility includes information on enactment of this Act, the Secretary of the is coming. Getting their money more the following: Air Force shall submit to the congressional predictably and quickly will enable (A) The organizational structure of al- defense committees a report on the feasi- Qaeda, the Taliban, and other terrorist them to make the investments they bility of using unmanned aerial systems to groups. need to grow, thrive, and hire more perform airborne flight inspection of elec- (B) The extent of the presence of terrorists people. tronic signals-in-space from ground-based in Europe, the United States, and the Middle The administration has recognized navigational aids that support aircraft de- East, and elsewhere around the globe. that small businesses are the engine parture, en route, and arrival flight proce- (C) The pursuit of weapons of mass de- dures in foreign airspace in support of United that drives our economy. According to struction by al-Qaeda. States military operations. the U.S. Census Bureau, small busi- (D) The methods of recruitment by al- AMENDMENT NO. 1093 nesses create an overwhelming major- Qaeda and the locations of its recruitment ity of all new jobs. Small businesses (Purpose: To require the detention at United centers. States Naval Station, Guantanamo Bay, (E) The skills of terrorists, including gen- are also responsible for producing half Cuba, of high-value enemy combatants who eral and specialized operative training. of the private sector GDP. will be detained long-term) (F) The means by which legitimate finan- Given this, it makes sense to me that At the end of subtitle D of title X, add the cial activities are used to hide terrorist oper- we need to figure out how to make sure following: ations. small businesses are getting paid on

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7692 CONGRESSIONAL RECORD — SENATE November 17, 2011 time. OMB recognized this and issued a This is a sensible, simple solution to cause this wounded soldier wanted to new policy statement that will require a real problem that small businesses talk. He wanted to talk about his serv- all Federal agencies to make payments are confronting. I urge my colleagues ice, he wanted to talk about his love to their small business contractors to support me in this effort. for his country, how he was injured, within 15 days of receiving an invoice. I thank the Chair and yield the floor. and he also talked about the future— But the fact is, a lot of small busi- Mr. INHOFE. Mr. President, I suggest what he wanted to do when he left that nesses serve as subcontractors to direct the absence of a quorum. hospital bed. prime contractors. It only makes sense The PRESIDING OFFICER. The It was a stunning moment for me to that we should require our large prime clerk will call the roll. hear—from a soldier who is looking up contractors to play by the same rules The bill clerk proceeded to call the from his hospital bed—of the optimism we play by and to pay their suppliers in roll. he displayed about his future. The calm a timely manner. Mr. CASEY. Mr. President, I ask with which he could speak about his When Congress passed the Prompt unanimous consent that the order for service was, to me, stunning. He talked Payments Act back in 1983, it recog- the quorum call be rescinded. as if he were just recovering from a nized that the Federal Government The PRESIDING OFFICER. Without minor injury. Halfway through my needed to lead by example, and that we objection, it is so ordered. visit, I almost had to remind myself of should be paying all of our contractors Mr. CASEY. Mr. President, I would the injuries he was suffering from. He in no more than 30 days after the con- first of all like to thank Chairman had both legs blown off below the knee tractor sent an invoice our way. Con- LEVIN and Ranking Member MCCAIN for from an IED blast. But despite that, gress went back in 1988 to create an ob- their work on this national defense au- despite the horror of it, despite the ligation on construction contractors thorization bill, and tonight I will damage done to his body—a 20-year-old that they pay their suppliers within 7 speak to an amendment I filed. I will soldier—he was talking about the fu- days of the government paying them. not call it up for now. I just want to ture, what he was going to do when he But no other contractors were under speak to it. This is a critically impor- left that hospital, and he was talking the same commonsense obligation. I tant debate for the country, and I know about his service. think that is a mistake we should cor- the chairman and ranking member So when we see soldiers such as him, rect, especially as we are pouring bil- have worked very hard on it. I think it inspires us all the more and lions and billions of government dol- I have had the honor and the pleasure compels us to do more when it comes lars into contingency operations over- to work with Senator LEVIN on a num- to protecting our troops against the seas—and all sorts of other projects ber of measures over the years, and one scourge of IEDs. We know, and so many that have nothing to do with construc- of the real concerns we all have is what people here know, that they are the top tion. All suppliers working with these is happening to our troops as it relates killer of our troops in Afghanistan. The contractors deserve to be paid on time. to IEDs—improvised explosive devices. primary ingredient in IEDs found in I am hoping one day we can tackle this It has been central to the work many Regional Command South, in Afghani- problem for all subcontractors, not just of us have done, certainly my work as stan—where the Presiding Officer and I small businesses that are contractors. a member of the Foreign Relations were in August—is a fertilizer called For now, my amendment takes a Committee, and, of course, Chairman calcium ammonium nitrate, known by modest approach and focuses on the LEVIN and so many others working on the acronym CAN. It is banned in Af- biggest problem—creating certainty this bill for a long time. ghanistan but unfortunately is pro- and predictability for small business It does have a daily impact, obvi- duced in a few factories in Pakistan. subcontractors. ously, on our troops and on their fami- Just a small percentage of what is pro- The National Federation of Inde- lies. Often the best words about our duced in Pakistan finds its way into pendent Business recently conducted a soldiers and the war itself come from Afghanistan and becomes the main in- survey, and they found nearly 40 per- Lincoln when he talked about those gredient in the IEDs. Most of the cal- cent of firms reported that receivables who lose their life in battle, those who cium ammonium nitrate used in IEDs, are coming in at a slower pace. I have gave, as he said, ‘‘the last full measure unfortunately, comes from Pakistan. heard stories from companies that have of devotion to their country.’’ But he Over the past 2 years, I have led an not been paid in 90 days or 120 days also talked about those who served and effort to urge Pakistan to do more to after they have invoiced. This is unac- are wounded and who come back. His address this threat. I have sent letters, ceptable. words to describe those soldiers, when we passed a resolution in the Senate, These sorts of delays affect cashflow he spoke of them, was ‘‘him who has and I traveled to Afghanistan and for these small businesses and make it borne the battle.’’ Pakistan last August to make the case tough for these businesses to meet pay- I think about those words when I directly to the leaders in Islamabad, roll obligations and pay their other consider those who have borne the bat- the capital of Pakistan. As I men- basic bills, such as their rent. tle and come back with not just inju- tioned, the Presiding Officer, Senator I want to tell a personal story that ries but with grievous injuries—some- BENNET, along with Senators relates to small businesses and how im- times almost irreparable harm done to BLUMENTHAL of Connecticut and portant it is to them to be paid on time them because of the explosion they WHITEHOUSE of Rhode Island traveled or how important cashflow is. My lived through from an IED. with me. We spent a good deal of time uncle, Lionel Kunst, was a small busi- I was in Bethesda Naval Hospital a in Pakistan—3 days. I think we were nessman. He died in 1994. I went to his couple weeks ago. It is one of the real pretty consistent in the delivery of funeral. At the funeral were a number privileges of serving in the Senate that that message; that we were not only of his business associates—people who we are given the opportunity to meet providing a sense of urgency but al- supplied him. He made fabric, quilting. so many brave young men and women most a directive, as best we could, urg- These were people who supplied him who serve—those who serve and are ing and pushing their government as and people whom he supplied. One after never hurt, those who serve and are hard as we could to help us and to help another got up and testified how quick- wounded, and, of course, unfortunately, themselves, by the way, because a lot ly he paid, or how, if they could not we meet the families of those who lose of Pakistanis lose their lives this way pay on time, he would cut them some their life in battle. But as I said, a cou- as well. slack. That is how important this is. ple weeks ago, at Bethesda Naval Hos- So during these meetings, Senators That is how important it was to them. pital, I walked into the room of a sol- BENNET, BLUMENTHAL, WHITEHOUSE, My uncle was a mensch. It was a big dier who had been injured and was re- and I heard good things; that the Paki- deal. These guys got up and all talked covering. His parents and his brother stani Government had developed a about this. were in the room with him. One is al- plan, a strategy to deal with this—a This is what we should do. We should ways worried about staying too long plan to tighten their borders, a plan to do it for these small business sub- because you feel like you are almost regulate the sale of calcium ammo- contractors—make sure they get paid intruding. But for some reason, that nium nitrate and other IED precursor on time. That is all. night, I didn’t feel I was intruding be- materials, and a plan which included

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7693 conducting a public relations campaign on the battlefield. Again, we owe noth- tifies to the congressional defense commit- to sensitize the Pakistani people to the ing less than that to our troops. tees and the Committee on Foreign Rela- dangers posed by these materials. This Often, I have said that when we talk tions of the Senate and the Committee on political commitment was encour- about the commitment and the sac- Foreign Affairs of the House of Representa- tives that the Government of Pakistan is aging, but given the ongoing and in- rifice of our troops, we should also talk demonstrating a continuing commitment to creasing threat to our troops, we need about praying for them, and we all do and is making significant efforts towards the to maintain a sense of urgency about that. Thank goodness, the American implementation of a strategy to counter im- it. I think we owe our troops nothing people pray on a regular basis for our provised explosive devices (IEDs). less than that sense of urgency. troops. But I think we should also, (2) SIGNIFICANT IMPLEMENTATION EFFORTS.— During our meetings in Islamabad, once in a while, pray for ourselves; For purposes of this subsection, significant we also discussed the serious threat that we may be worthy of the valor of implementation efforts include attacking IEDs pose to the Pakistani people, as I our troops. There aren’t a lot of ways IED networks, monitoring of known precur- mentioned a moment ago. More than sors used in IEDs, and the development of a to prove yourself worthy of the valor of strict protocol for the manufacture of explo- 500 Pakistanis have been killed by IEDs our troops, but one way Members of sive materials, including calcium ammonium since the beginning of this calendar the Senate and House can prove our- nitrate, and accessories and their supply to year. This is a common threat that re- selves worthy of that valor is to pass legitimate end users. quires a common solution. This is amendments, such as this amendment, (b) WAIVER.—The Secretary of Defense, in something we can and should work on to force, as best we can, officials in consultation with the Secretary of State, together. Pakistan to do what is right for our may waive the requirements of subsection It is no secret the relationship be- troops and their families, for our coun- (a) if the Secretary determines it is in the tween the United States and Pakistan national security interest of the United try but also to do what is right for States to do so. is not a good relationship right now. It their own people—the people in Paki- AMENDMENT NO. 1139 is a vast understatement to say it has stan who are threatened every day by (Purpose: To require contractors to notify soured dramatically. There is an awful IEDs. lot of tension and mistrust and a real small business concerns that have been in- I will conclude by saying we have an cluded in offers relating to contracts let by breakdown in this relationship. One of opportunity to prove ourselves worthy Federal agencies) the ways—not the only way but one of of the valor of our troops, and passing At the end of subtitle E of title VIII, add the ways—we can build some con- this amendment is one such way to do the following: fidence so we can begin to work to- it. SEC. 889. SUBCONTRACTOR NOTIFICATIONS. gether on a common threat is for the I yield the floor, and I suggest the ab- Section 8(d) of the Small Business Act (15 Pakistani Government to take con- sence of a quorum. U.S.C. 637(d)) is amended by adding at the certed action on the question of IEDs. The PRESIDING OFFICER. The end the following: I do want to commend and thank clerk will call the roll. ‘‘(13) NOTIFICATION REQUIREMENT.—An of- those three Senators I mentioned who The bill clerk proceeded to call the feror with respect to a contract let by a Fed- were on the trip with me—Senator roll. eral agency that is to be awarded pursuant to the negotiated method of procurement BENNET of Colorado, the Presiding Offi- Mr. CASEY. Mr. President, I ask cer, who was there for every meeting that intends to identify a small business con- unanimous consent that the order for cern as a potential subcontractor in the offer and worked very hard with us; Senator the quorum call be rescinded. relating to the contract shall notify the WHITEHOUSE as well, from Rhode Is- The PRESIDING OFFICER. Without small business concern that the offeror in- land; and Senator BLUMENTHAL was objection, it is so ordered. tends to identify the small business concern also with us, who spoke today about Mr. CASEY. I ask unanimous consent as a potential subcontractor in the offer. this today. I didn’t hear him give his to set aside the pending amendment. ‘‘(14) REPORTING BY SUBCONTRACTORS.—The remarks on the floor, but my staff told The PRESIDING OFFICER. Without Administrator shall establish a reporting me about them, and I thank him for mechanism that allows a subcontractor to objection, it is so ordered. report fraudulent activity by a contractor those words and for the dedication to AMENDMENTS NOS. 1215, 1139, AND 1140 with respect to a subcontracting plan sub- this issue he and Senators BENNETT and Mr. CASEY. Mr. President, I call up mitted to a procurement authority under WHITEHOUSE have given during our trip three amendments. paragraph (4)(B).’’. in August and since that trip. I am The first amendment is amendment AMENDMENT NO. 1140 proud to join them on this effort today No. 1215, the second is amendment No. (Purpose: To require a report by the Comp- and every day that we have been work- 1139, and the third is amendment No. troller General on Department of Defense ing on it. I also thank Senator 1140. military spouse employment programs) BARRASSO from Wyoming for his lead- The PRESIDING OFFICER. Is there At the end of subtitle H of title V, add the ership and willingness to work with us objection? following: on this amendment. Without objection, the clerk will re- SEC. 577. COMPTROLLER GENERAL OF THE This is a critical issue for our troops UNITED STATES REPORT ON DE- port. and for their families. I think it was so PARTMENT OF DEFENSE MILITARY The bill clerk read as follows: important that we delivered during our SPOUSE EMPLOYMENT PROGRAMS. (a) IN GENERAL.—The Comptroller General trip, and continue to deliver thereafter, The Senator from Pennsylvania [Mr. CASEY] proposes amendments numbered 1215, of the United States shall carry out a review a strong bipartisan message to the 1139, and 1140. of all current Department of Defense mili- Pakistani Government and to any offi- The amendments are as follows: tary spouse employment programs. cial in their government who has any- (b) ELEMENTS.—The review required by thing to do with this issue. I think we AMENDMENT NO. 1215 subsection (a) shall, address, at a minimum, can deliver another message by way of (Purpose: To require a certification on ef- the following: this amendment on this bill. This forts by the Government of Pakistan to (1) The efficacy and effectiveness of De- amendment will hold Pakistan to its implement a strategy to counter impro- partment of Defense military spouse employ- vised explosive devices) ment programs. commitments—the commitments it al- (2) All current Department programs to ready made to its strategic plan to At the end of subtitle B of title XII, add the following: support military spouses or dependents for counter IEDs. the purposes of employment assistance. As we know well, these IEDs are kill- SEC. 1230. CERTIFICATION REQUIREMENT RE- GARDING EFFORTS BY GOVERN- (3) The types of military spouse employ- ing and injuring our troops at a ter- MENT OF PAKISTAN TO IMPLEMENT ment programs that have been considered or ribly alarming rate. While we can A STRATEGY TO COUNTER IMPRO- used in the past by the Department. never completely eradicate the compo- VISED EXPLOSIVE DEVICES. (4) The ways in which military spouse em- nent parts of IEDs, we can make life (a) CERTIFICATION REQUIREMENT.— ployment programs have changed in recent difficult for the bombmaker if we pass (1) IN GENERAL.—None of the amounts au- years. thorized to be appropriated under this Act (5) The benefits or programs that are spe- this amendment. We should recommit for the Pakistan Counterinsurgency Fund cifically available to provide employment as- ourselves to this important mission may be made for the Government of Paki- sistance to spouses of members of the Armed and redouble our efforts to limit the stan until the Secretary of Defense, in con- Forces serving in Operation Iraqi Freedom, availability of these component parts sultation with the Secretary of State, cer- Operation Enduring Freedom, or Operation

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7694 CONGRESSIONAL RECORD — SENATE November 17, 2011 New Dawn, or any other contingency oper- AMENDMENT NO. 1092 The bill as reported also contains an ation being conducted by the Armed Forces Mr. LEVIN. Mr. President, I ask for ill-advised requirement that the Bu- as of the date of such review. the regular order on the Levin-McCain reau cannot provide assistance to State (6) Existing mechanisms available to mili- amendment. or local law enforcement agencies un- tary spouses to express their views on the ef- The PRESIDING OFFICER. The less three persons have died. Given fectiveness and future direction of Depart- amendment is the regular order. It is ment programs and policies on employment that the bill purports to permit assist- assistance for military spouses. now pending. ance in the case of attempted mass (7) The oversight provided by the Office of f murder, a requirement that three peo- Personnel and Management regarding pref- MORNING BUSINESS ple have died before assistance can be erences for military spouses in Federal em- provided, is flawed. Moreover, there ployment. Mr. LEVIN. I ask unanimous consent have been serious crimes involving (c) COMPTROLLER GENERAL REPORT.—Not that the Senate proceed to a period of mass shootings in which, fortunately, later than 180 days after the date of the en- morning business, with Senators per- no one has died. No assistance could be actment of this Act, the Comptroller General mitted to speak therein for up to 10 provided to investigate such crimes shall submit to the congressional defense minutes each. committees a report on the review carried The PRESIDING OFFICER. Without under the bill in its current form. out under subsection (a). The report shall set Until these concerns are addressed objection, it is so ordered. forth the following: and further changes are included in the (1) The results of the review concerned. f bill, I support holding this legislation (2) Such clear and concrete metrics as the INTENTION TO OBJECT on the Senate floor. Comptroller General considers appropriate for the current and future evaluation and as- Mr. GRASSLEY. Mr. President, I f sessment of the efficacy and effectiveness of would like to alert my colleagues that TRIBUTE TO DANA SINGISER Department of Defense military spouse em- I intend to object to any unanimous ployment programs. consent agreement for the consider- Mr. LEAHY. Mr. President, I would (3) A description of the assumptions uti- ation of S. 1793 or its companion, H.R. like to take this opportunity to honor lized in the review, and an assessment of the 2076, the Investigative Assistance for a dear friend and native Vermonter, validity and completeness of such assump- Violent Crimes Act of 2011. Unless Dana Singiser. Dana has accepted the tions. position of Vice President for Public (4) Such recommendations as the Comp- changes are made to address my con- cerns with the legislation, I will con- Policy and Government Affairs for troller General considers appropriate for im- Planned Parenthood, and while I am proving Department of Defense military tinue to object. spouse employment programs. I oppose S. 1793/H.R. 2076 in its cur- sorry to see her leave President (d) DEPARTMENT OF DEFENSE REPORT.—Not rent form because it would expand the Obama’s administration, I am proud to later than 180 days after the date of the en- jurisdiction of the Federal Bureau of recognize Dana’s hard work and wish actment of this Act, the Secretary of De- Investigation by giving it authority to her continued success in her career. fense shall submit to the congressional de- conduct investigations of State crimes, Dana was raised in the small rural fense committees a report setting forth the and I believe that that is a bad prece- town of Mendon, VT, where her moth- number (or a reasonable estimate if a precise dent to set. The FBI should not be er—the Mendon town clerk—instilled number is not available) of military spouses in her the values of democracy and the who have obtained employment following turned into a roving national police participation in Department of Defense mili- force. importance of staying engaged in her tary spouse employment programs. The re- I do believe in allowing Federal law community. Dana carried this spirit port shall set forth such number (or esti- enforcement agencies to assist State with her in her career on Capitol Hill mate) for the Department of Defense mili- and local agencies, when requested. and on several presidential campaigns. tary spouse employment programs as a Agents providing assistance should be Dana came to my office as an intern in whole and for each such military spouse em- afforded civil liability protection. the summer of 1991 while attending ployment program. Unfortunately, the bill excludes all Brown University. I was immediately Mr. CASEY. Mr. President, I ask other Federal law enforcement agen- impressed with her intelligence, work unanimous consent to set those three cies that routinely provide law assist- ethic, and gregarious personality. I amendments aside. ance to local law enforcement when re- knew she would go on to accomplish The PRESIDING OFFICER. Without quested. For example, local police be- great things, and indeed she has. After objection, it is so ordered. lieved the Secret Service possessed the graduating from Brown, she attended Mr. CASEY. I yield the floor, and I expertise they needed to assist in their law school at Georgetown University would suggest the absence of a quorum. investigation of the Boston ‘‘Craigslist and spent 7 years at a law firm before The PRESIDING OFFICER. The Killer.’’ As a result of this expert as- her return to public service, where she clerk will call the roll. sistance, the killer was captured. There has remained. The bill clerk proceeded to call the is no reason to limit States and local- Dana served as the Director of Wom- roll. en’s Outreach for Hillary Clinton’s Mr. LEVIN. Mr. President, I ask ities to the assistance of the FBI alone, presidential bid—an opportunity that unanimous consent that the order for when other agencies may have the par- allowed her to grow her career in poli- the quorum call be rescinded. ticular expertise that is needed. The PRESIDING OFFICER. Without Too many people think that only the tics. She later also quickly proved her- objection, it is so ordered. FBI helps local law enforcement. self a valuable asset to President That’s simply not true. State and local Obama’s campaign, and following his AUTHORITY TO SIGN DULY ENROLLED BILLS OR JOINT RESOLUTIONS officers develop positive relationships election she was appointed Special As- Mr. LEVIN. I ask unanimous consent with their Federal law enforcement sistant to the President for Legislative that on Thursday, November 17, 2011, counterparts. When a violent crisis oc- Affairs, where she has served for the curs, they often request assistance last 3 years. Senator BENNET be authorized to sign duly enrolled bills or joint resolutions. from the Federal agents they already While she has enjoyed her time at the The PRESIDING OFFICER. Without work with. White House, Dana has also gained im- objection, it is so ordered. I support the idea behind the legisla- measurable experience that will cer- Mr. LEVIN. Mr. President, I suggest tion: to allow State and local agencies tainly add to her already successful ca- the absence of a quorum. to request the assistance of Federal reer. In Dana’s new role with Planned The PRESIDING OFFICER. The law enforcement to address serious Parenthood, she can continue her long clerk will call the roll. State and local crimes. But that should fight to protect women’s rights, and I The bill clerk proceeded to call the apply to all agencies, and should be am glad to see her continue to follow roll. done without expanding the authority her passion. Vermonters are proud to Mr. LEVIN. Mr. President, I ask of any Federal law enforcement agency recognize Dana Singiser’s hard work, unanimous consent the order for the to conduct investigations of State and and we wish her continued success in quorum call be rescinded. local crimes on its own, at the expense her career. The PRESIDING OFFICER. Without of other State, local, and Federal law I ask unanimous consent that an ar- objection, it is so ordered. enforcement agencies. ticle about her achievements, from The

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7695 National Journal, be printed in the She has been with the Obama administra- mains flat—not facing any cut this RECORD. tion since Day One, becoming an expert on year. There being no objection, the mate- everything from financial reform to health I recognize that in this budgetary cli- rial was ordered to be printed in the care as the president tackled an ambitious mate cuts may be inevitable to many legislative agenda in his first two years in RECORD, as follows: office. programs. But I firmly believe that in OUT OF THE FRYING PAN, INTO THE FIRE ‘‘I’m really proud and honored to have the Department of Energy budget no [From the National Journal, Nov. 7, 2011] served President Obama for three years, but one account can be asked to shoulder (By Naureen Khan) I’m really excited to go on to this next chap- that burden alone. But if cuts must be Dana Singiser remembers the glamour of ter,’’ she added. made they should be done in fair and her first job out of college: running a tiny f reasonable way, when compared to field office in Vermont for Bill Clinton’s 1992 FOSSIL ENERGY FUNDING funding for other energy programs. presidential campaign for $300 a month. Unfortunately, the fossil energy cuts Luckily, Singiser was a local and her mother Mr. ROCKEFELLER. Mr. President, I in this bill are neither fair nor reason- was on hand to bring her laboring daughter rise today to speak about the fossil en- able. The cuts to fossil energy in this dinner every night. ergy funding in the Energy and Water Public service was always a natural incli- bill are disproportionate compared to nation for Singiser, she said. She was, after Appropriations bill. funding levels for other areas of re- all, raised by parents who were actively in- Fossil energy is a critical resource search. volved in the small rural community of that we should not and can not just To correct this situation, I have in- Mendon, Vt., population 1,056. Mom was the throw away. Providing the majority of troduced an amendment that would re- town clerk and a small-business owner while our energy, we need to use these re- store $30 million to the fossil energy Dad kept busy with church activities. sources in a safe and responsible way. account, $10 million for natural gas, $10 An internship with Sen. Patrick Leahy, D– Harnessing domestic fossil energy Vt., while she was still an undergraduate at million for unconventional fossil fuels Brown University gave Singiser her first could create jobs, lift up struggling and $10 million for advanced energy taste of D.C. and there was no turning back. communities, and provide jobs for our systems in coal areas. After working on Clinton’s 1992 race, she strong and dedicated workforce. Again, I understand the budgetary landed a job in the White House with presi- I know there are people who remain times that we are facing in Wash- dential personnel and packed her bags for very much opposed to funding fossil en- ington. I understand that cuts have to Washington—‘‘The last meritocracy,’’ ac- ergy research who want to move away be made. But what I strongly disagree cording to Singiser, ‘‘where you can work from fossil fuels as quickly as possible. hard and get recognized.’’ with is the idea that fossil energy must Twenty years later, after jobs on several But the fact of the matter is that, at shoulder more than its fair share of presidential campaigns, on Capitol Hill, and this time, our Nation is not capable of cuts. most recently with the Obama administra- quickly moving away from fossil fuels, Therefore, I ask my colleagues to tion as special assistant to the president for which provides that majority of the en- join with me to restore a portion of legislative affairs, Singiser is headed to ergy we use. We need fossil energy to funding for the fossil energy program. Planned Parenthood as vice president of pub- help us move forward, and we should lic policy and government affairs. Mr. ROCKEFELLER. Mr. President, not pretend otherwise. last week, the Senate Armed Services ‘‘It’s been great, and you can never leave a While I believe that our country will White House job without feeling incredibly Committee held a hearing on whether bittersweet about it,’’ Singiser said. ‘‘I feel continue using fossil fuels for many to elevate the Chief of the National like a mere mortal, and I can’t keep up these decades, it is my hope that we will also Guard Bureau to the Joint Chiefs of hours and this intensity forever.’’ continually seek better ways for using Staff. This was an important hearing Not that Singiser is expecting an easy road these resources. for the men and women of our armed ahead at Planned Parenthood. She becomes We need to find more efficient ways the organization’s chief advocate and liaison services, and I am grateful that the of burning coal that emit fewer pollut- committee allowed me to submit a to both state and national policymakers as ants and protect public health. We need the group continues to come under attack as statement for the hearing record. In one of the largest legal providers of abortion. to find more environmentally friendly light of the upcoming National Defense The issue has become a lightning rod over ways to extract natural gas and oil. Authorization Act, in which I expect the past several months as Republican law- And we need to find ways to design and these provisions to pass, I ask unani- makers, GOP presidential candidates, and build carbon capture and sequestration mous consent that my statement be conservative activists have called for federal facilities that will allow us to reduce printed in the RECORD before the full defunding of Planned Parenthood. Singiser the impacts of using fossil fuels on the said she hopes to help reframe the conversa- Senate, so that the rest of my col- climate. leagues may have a chance to read it. tion in her new role. This is the type of work that fossil ‘‘Those attacks are just misplaced,’’ she There being no objection, the mate- said, pointing to the range of primary-care energy research and development goes rial was ordered to be printed in the towards, and work that I believe we services that Planned Parenthood provides RECORD, as follows: for men, women, and children. ‘‘The result of must continue to support. Without it, SENATE COMMITTEE ON ARMED SERVICES those sorts of efforts would be to erode wom- we are only putting our country at a en’s health.’’ disadvantage. Chairman Levin, Senator McCain, Mem- Singiser has been well-prepared for the In Morgantown, WV, the National bers of the Committee—thank you for hold- ing this hearing on whether the Chief of the role, working in both policy and politics for Energy Technology Laboratory or the past decade. After her stint with the National Guard Bureau should be a member Clinton administration, Singiser got her law NETL is doing this work and pio- of the Joint Chiefs of Staff. And thanks to degree from Georgetown University in De- neering fossil energy research and de- all of the Chiefs of our armed forces—both cember 1998 and practiced at the Washington velopment activities that are lighting active duty and reserve—for being here firm Akin Gump Strauss Hauer & Feld for a pathway for a new era of energy use today. There is no question—as a matter of five years, doing regulatory and lobbying that is critical to West Virginia and both principle and of national security—that work. our nation. the Chief of the National Guard Bureau When the political bug bit her again, she Unfortunately, the Energy and Water should be elevated to the Joint Chiefs of went to work on Howard Dean’s short-lived Staff. The Guardians of Freedom Act, which presidential campaign before a Senate job Appropriations bill slashes fossil en- passed overwhelmingly in the House of Rep- vacancy caught her eye. For three years, she ergy funding by 25 percent in just 1 resentatives on May 25, would accomplish was staff director for the Senate Democratic year. In Fiscal Year 2011 the overall this goal. I hope that today’s hearing will Steering and Outreach Committee under fossil energy Budget was $586 million. lead to swift action on this important legis- then-Sen. Hillary Rodham Clinton, D–N.Y. The President only requested $452.9 lation, and I look forward to the testimony From there, Singiser went to work for million for Fiscal Year 2012 and this of each of the witnesses. Clinton’s 2008 presidential campaign, focus- bill only contains $445.5 million. It is important to acknowledge that the ing on women’s outreach. When Clinton In comparison, the overall Energy role of the National Guard has evolved over bowed out of the race and endorsed Barack the last ten years. Since 9/11, National Obama, her former rival, Singiser got on a and Water bill cuts spending by less Guardsmen have mobilized more than 700,000 plane almost immediately for Chicago to than 1 percent. The nuclear section of times to support overseas and domestic mis- lend a hand to Obama’s general-election ef- this bill cuts funding by 20 percent and sions. They have played an essential role in fort. the renewable section of this bill re- the conflicts in both Afghanistan and Iraq

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7696 CONGRESSIONAL RECORD — SENATE November 17, 2011 and are a critical operational reserve for our Critics may say that elevating the Na- American character since our Nation’s armed forces. Today’s National Guard ac- tional Guard would provide a ‘‘second voice’’ founding. counts for more than 460,000 service members to the Army and Air Force. That is wrong. Every day volunteer organizations from every state in the Union—roughly 25 The National Guard’s participation would be across the country make substantial percent of all of our 1.9 million-member no different than that of the Marine Corps, force. which is both part of the Navy and has its contributions to our Nation’s well- The Guard has also become an essential own seat on the Joint Chiefs of Staff. Today, being in countless areas—from edu- part of our nation’s response to both man- as we all know, the Commandant is a valued cation and the arts to economic devel- made and natural disasters. This August, member of the Joint Chiefs of Staff, and no opment and environmental protection. when Hurricane Irene slammed the East one would argue that his advice over the last Many of these associations are commu- Coast, the National Guard responded by call- 30 years has not been valuable. nity foundations—local charitable or- ing up over 11,000 soldiers and airmen from 24 Some may counter that elevating the Na- states to coordinate the relief efforts. Our ganizations formed to provide financial tional Guard could muddy the Guard’s dual support to valuable programs across Guard is being trained to respond to chem- commitments to member states and the fed- ical, biological, nuclear and radiological at- eral government. In reality, it would not their communities. Last year alone, tacks. It is being trained to deal with alter lines of authority, but better enable community foundations gave approxi- pandemics. It is asked to be the first on the the Guard to provide unfiltered advice on its mately $4 billion to various local non- scene after major earthquakes, snowstorms, capabilities and resources. The Guard profit activities. and hurricanes. These homeland defense re- wouldn’t just have its domestic responsibil- Led by private citizens, community sponsibilities will continue to increase, as ities—it would have the capabilities, clout, foundations provide effective support well. and access to do them better. The National Guard also brings capabili- to communities across the United Critics may also say that the Chief of the States, often supplementing both pub- ties and efficiencies to the table that we National Guard Bureau has no budgetary au- need in these tough economic times. For ex- thority, but that argument is misleading. lic and private programs to provide ample, the Air National Guard provides 35 The role of the Joint Chiefs is to provide their friends and neighbors with the percent of the total Air Force capability for sound, useful advice to the President. In maximum level of support necessary to seven percent of the cost. And, the Army Na- fact, the perspective of the Chief of the Na- build strong and vibrant communities. tional Guard provides 40 percent of the tional Guard Bureau could save our country With 700 community foundations Army’s capability for just 11 percent of the billions of dollars. Earlier this year, for ex- Army budget. Together, 464,900 members of across the Nation, they are one of the ample, the Air National Guard Bureau of- the National Guard provide a capable, oper- fastest growing forms of philanthropy fered a proposal that would have saved up to ational and affordable military force—at just in the United States. $42 billion. Unfortunately, the Air Force dis- six percent of the Pentagon’s annual budget. One such community foundation missed it almost immediately—likely, I’ve The absence of the National Guard from which exemplifies the virtues of char- the Joint Chiefs of Staff has very real con- been told, for turf reasons. That would not have happened had the Chief of the National ity and giving back is the New York sequences. Full membership of the National Community Trust. Established in 1924, Guard in the Joint Chiefs could have better Guard Bureau been able to make his case, prepared the Marines’ response to the 1992 offer his perspective, and share his expertise the New York Community Trust is one riots in Los Angeles, our nation’s initial re- with our planners at the Pentagon. The Na- of the oldest and largest community sponse to the 9/11 attacks, or our response to tional Guard can help the Pentagon cut costs foundations in the Nation—providing Hurricane Katrina. without cutting capabilities—but only if it is $141 million in grants to community In October of 2005, the Government Ac- an equal partner in the decision-making organizations in 2010 alone. The trust process. countability Office called into question the currently invests in various programs Army National Guard’s ability to carry out Some may argue that a seat on the Joint its domestic mission. Then, just like now, Chiefs of Staff would give the National to build a better New York, such as there is no permanent system in place to re- Guard too much influence at the active-duty helping to reemploy New Yorkers plenish necessary equipment once it is re- components’ expense. But we know better through the New York Alliance for Ca- moved from Guard units in individual states. than that. Look at the size of the services’ reers in Health Care, NYACH, a project And, the Pentagon has required National Congressional liaison staff, the military fel- that assesses gaps in the labor market Guard units to leave behind critical equip- lows in our offices and the attaches in the and provides workforce training to halls—or even the number of Senators, in- ment in Iraq and Afghanistan. A drastic both assist individuals in getting in-de- shortfall in equipment levels has led to a cluding many on this Committee, who are drop in mission readiness. As a result, the former active-duty service members. An en- mand jobs and simultaneously allevi- Guard’s ability to respond to domestic emer- hanced role for the National Guard would ate the skills gap in the health care in- gencies has been severely inhibited. I find it not diminish the active-duty services’ clout dustry. Through its commitment to hard to believe this would be the case if the among lawmakers. the Juvenile Justice Advocacy and Ac- Guard had a seat at the Joint Chiefs of Staff. Now is the time to give the National Guard tion Project, the New York Community With no seat at the table, the National the voice it needs on the Joint Chiefs of Staff Trust is also dedicated to finding alter- Guard Chief must rely solely on active duty and to give the President a broader perspec- natives to prison for nonviolent, delin- military leaders to make funding decisions. tive of the capabilities and resources at his Under the circumstances, General McKinley disposal. Now is the time to use all of the quent youth. The trust’s grants are can do nothing to stop the Joint Chiefs if tools in our arsenal to create a more secure also cleaning up the Harlem River, re- they put recommend cutting a key program homeland. moving tens of thousands of pounds of or ignore an opportunity to maintain critical Mr. Chairman, Senator McCain, Members debris from Swindler Cove and trans- operational capability. of the Committee—thank you for holding forming it into a 5-acre park with a In many ways, the Guard has earned the this hearing. I look forward to swift passage children’s garden and a boathouse. right to be in the room. Today, the Chief of of the Guardians of Freedom Act. And thank Mr. President, I urge my colleagues the National Guard Bureau wears four stars. you to my good friend, Senator Leahy, for to join me in recognizing this week of He attends regular Joint Chiefs meetings. his leadership on this important issue. While I understand that General McKinley We have given the National Guard the November 12 through November 18, enjoys a good relationship with Chairman right to be in the room. Now, let’s give them 2011, as National Community Founda- Dempsey, personalities can’t be everything. a seat at the table. tion Week so we may continue to honor Now, it’s time to give the National Guard a Thank you. the important work that charity and seat at the table. We need to make sure the f private citizens play in making our Na- National Guard has the voice it needs—not tion a better place. just to protect its capability, but because of RECOGNIZING CONTRIBUTIONS OF its increasingly active role in overseas oper- COMMUNITY FOUNDATIONS f ations, because of its role in homeland secu- END UNNECESSARY MAILERS ACT rity initiatives, and because of the cost effi- Mr. SCHUMER. Mr. President, I rise ciencies it can offer in these turbulent eco- today in honor of National Community Mr. CASEY. Mr. President, I firmly nomic times. Foundations Week. This week, we rec- believe that members of the public Ultimately, I understand that change is ognize the millions of Americans who must have access to the information hard. Some may argue that these changes have joined together to make their contained in annual consumer con- are not necessary. Some may argue that the communities a better place through do- fidence reports, which are required by National Guard does not deserve a seat at the table, that the National Guard is well- nations of their time and resources. the Safe Drinking Water Act’s right-to- represented on the Joint Chiefs of Staff, or The generosity and willingness of indi- know provisions. For the past 11 years, that the National Guard has the resources it viduals to work together for the com- the Environmental Protection Agency needs. mon good has been a hallmark of the has required community water systems

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7697 to provide customers with an annual ‘‘all men are created equal.’’ Many He had an infectious sense of humor, report on the quality of their drinking. Americans credit the historic firsts— great optimism about life, and truly Currently, large water systems, those such as Howard P. Perry of Charlotte, cared about the well-being of others. It serving 10,000 people or more, are re- NC—who was the first African-Amer- can be said that his smalltown roots quired to mail copies of the entire re- ican marine private to set foot on had something to do with that. port to every customer. Montford Point, and Frederick C. Pat grew up in the Wilder, ID, area Today, believing wholeheartedly that Branch, the first African-American ma- and attended schools there before grad- public access to consumer confidence rine second lieutenant at the Marine uating from Vallivue High School. He reports is critical and must be main- Base in Quantico, VA—for creating the attended the local college, the College tained, I am cosponsoring Senator opportunity they have to serve today. of Idaho in Caldwell, which is an out- TOOMEY’s bill, S. 1578. Under this bill, The time has come for us to give standing educational institution. community water systems would be re- these American heroes their long over- He volunteered for the U.S. Army quired to send reports in the mail if a due recognition by awarding them the after graduating and served a total of violation of the maximum contami- Congressional Gold Medal, the highest 10 years in Active and Reserve Duty. nant level occurs during the year. How- civilian award in the United States. I Pat was promoted to the rank of cap- ever, if there is no violation, water sys- congratulate my colleagues for unani- tain and qualified for Airborne wings, tems could post the reports online and mously passing this legislation on No- the Ranger tab, and Special Forces only mail hard copies upon request. I vember 9, 2011. It is my personal honor Green Beret. Pat loved his country and believe that S. 1578 draws attention to and privilege to recognize the Montford was grateful for the opportunities he an area in which our Federal policy Point Marines. had to succeed through his own efforts might benefit from discussion, debate, f and hard work. and potential modernization. Since Mr. President, while it is difficult to Internet access has increased dramati- REMEMBERING PAT TAKASUGI sum up all that Pat Takasugi did for cally since 1999, the option of reviewing Mr. RISCH. Mr. President, I rise to agriculture in Idaho and the many reports online is likely far more ap- recognize a great loss suffered by the lives he touched through his service, pealing to consumers than it once was. people of Idaho and the Takasugi fam- let me conclude by saying that he was Also, amendments to the current re- ily in particular. Last week, Idaho a great American. Vicki and I extend quirements have the potential to re- State Representative Pat Takasugi our condolences on behalf of all Ida- duce paper waste and to reduce unnec- passed away after a 3-year battle with hoans to Suzanne and all of the family essary administrative burden and ex- cancer. During that fight he was fortu- for their loss. pense by providing customers with the nate to have the loving support of his ability to choose whether or not to re- wife Suzanne, his three children, and ceive the report in the mail. his parents. f f When I was Governor, I had the great fortune to appoint Pat to my cabinet REMEMBERING GILBERT CALVIN TRIBUTE TO THE MONTFORD to serve as my director of the depart- STEINDORFF, JR. POINT MARINES ment of agriculture. Pat was an Mr. SHELBY. Mr. President, I rise Mrs. HAGAN. Mr. President, today I unwearying advocate for agriculture. today to pay tribute to Mr. Gilbert Cal- wish to recognize the dedication and He understood what farmers faced, vin Steindorff, Jr. who passed away on selfless service of the Montford Point since he was one of them. He started Monday, November 14, 2011, at the age Marines. The Montford Point Marines farming in 1977 and successfully grew of 86. Calvin lived a life dedicated to were the first African-American men to his business from 32 acres to a 1,500- service to his country, and I am glad to serve in the U.S. Marine Corps after acre operation. have known and become friends with President Franklin Roosevelt issued Pat served as the director of the de- such an inspirational individual. Executive Order No. 8802 on June 25, partment of agriculture for 10 years, 1941. This brave group of men were and during that time he worked tire- Gilbert Calvin Steindorff, Jr. served trained at Camp Montford Point, near lessly in promoting the products grown in the military with the U.S. Army in the New River in Jacksonville, NC. In in Idaho. In 2003, before the local food World War II in European theatre of total, 19,168 African-American marines movement became popular, he insti- operations. Upon his return, Calvin was received training at Montford Point be- tuted the Idaho Preferred brand to help appointed as the tax assessor of Butler tween 1942 and 1949. Many of these consumers identify locally grown prod- County, a role he served for 28 years. ‘‘Montford Marines’’ went on to serve ucts. He was appointed as probate judge of in the Pacific Theatre Campaign of He had numerous accomplishments Butler County in 1975 and served in World War II—at Iwo Jima, Saipan, as director that moved Idaho’s agricul- that role until his retirement in 1995. Okinawa—as well as in Korea and in tural industry forward. He created the Calvin had a fierce dedication to public Vietnam. Idaho Food Quality Assurance Lab, es- service and was a member of many Although these men served our coun- tablished the Seed Indemnity Fund, civic organizations. try with both honor and distinction, pushed cooperative weed management, A truly selfless individual, Calvin they often faced adversity and racism and streamlined regulations, among also served as secretary at The First during their time in uniform. Despite others. Christian Church, where he was an their training, they were prohibited Pat encouraged the next generation elder, providing guidance for those in from serving in combat units—working of farmers to be involved in various ag- his church community. For his career instead in the service and supply units. ricultural boards and commissions and in public service and the invaluable They were not afforded opportunities to become leaders in their community. role that he played in the community, other marines enjoyed, such as enter- Pat walked his talk, as he was a mem- Calvin was named Greenville’s ‘‘Man of ing nearby Camp Lejeune, without a ber of numerous local and national or- the Year.’’ White counterpart to escort them. The ganizations, including a term as presi- Calvin is loved and will be missed by courage and dedication with which dent of the National Association of his wife, Maxine Darby Steindorff, and these brave men served our country de- State Departments of Agriculture. his son, Gilbert C. Steindorff, III, and spite these challenges is nothing less His service continued when he de- many more family members and than heroic. cided to step down as the agriculture friends. My thoughts and prayers are As the first African Americans in our director and run for the Idaho House of with them as they mourn the death of Marine Corps, they join the Tuskegee Representatives. He was handily elect- a wonderful husband, father and friend. Airmen of the Air Force and the Buf- ed in 2008 and again in 2010, and he was Calvin was a role model to many and a falo Soldiers of the Army as heroes a strong advocate for lower taxes and compassionate community leader who who not only forged a new path within less government regulations. was devoted to the service of Baldwin our armed services but who brought For those of us who knew Pat, it was County. His presence in Alabama will our country closer to our ideals that not hard to see why he was so popular. be greatly missed.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7698 CONGRESSIONAL RECORD — SENATE November 17, 2011 NATIVE AMERICAN HERITAGE benefit the entire Southwest region of winning three out of four sets against MONTH Colorado. Their success is a reminder defending State champions Toledo St. Mr. UDALL of Colorado. Mr. Presi- that Indian Country is a strong eco- Ursula. Led by coach Joe Burke, who dent, I rise to join my fellow Colo- nomic driver that can play a critical has won four state titles with Mount radans, my colleagues in the United role in our economic recovery. Notre Dame, the team’s mantra was States Congress and others across the Of course respect for government-to- ‘‘believe.’’ country in celebration of Native Amer- government relations between tribes Mount Notre Dame has become one ican Heritage Month. and the federal government extends to of the most successful programs in Throughout this month we acknowl- other issues. As we celebrate Native high school women’s volleyball in the edge the many accomplishments and American Heritage month, we must re- State of Ohio, and I congratulate the contributions of the American Indian mind ourselves of this relationship and Mount Notre Dame Cougars on their community in the United States. In the trust responsibility that exists be- hard-fought victory.∑ Colorado, from the windswept plains in tween our Federal government and f tribal nations. This is especially im- the east to mountains and plateaus in TRIBUTE TO MAJOR GENERAL the west, Native American history has portant when addressing issues that RAYMOND W. CARPENTER formed a strong part of our shared his- have hit the Indian country especially tory. Today Colorado’s native commu- hard, such as unemployment, access to ∑ Mr. JOHNSON of South Dakota. Mr. nities play an equally strong role in health care, education and housing, re- President, I rise today to pay tribute preserving our shared cultural herit- liable law enforcement and access to to Major General Raymond W. Car- age. justice. The federal government’s trust penter and his faithful service to our Just this month, as the chairman of responsibility is a call to work to- country. After 44 years of service to the National Parks Subcommittee of gether to address these issues. Uphold- our Nation and the State of South Da- the Energy and Natural Resources ing this responsibility is vital to re- kota, General Carpenter will soon re- Committee, I held a hearing at Mesa specting tribal sovereignty and pro- tire from the United States Army. Verde National Park that highlighted tecting tribes’ ability to determine Gen. Carpenter began his military the importance of how this cultural what is in the best interest of their service in 1967 when he enlisted in the landmark and others in the region can communities. Cooperation and collabo- South Dakota Army National Guard. be better protected through coopera- ration are paramount in maintaining a General Carpenter later joined the tive efforts of our National Parks Sys- strong government-to-government re- United States Navy and put his photo- tem and the region’s tribes. Improved lationship, and it is in our shared in- graphic memory to work learning the collaboration and consultation can be a terest to advance the goal of empow- Vietnamese language in preparation positive step in achieving the goal of ering America’s Native communities. for his assignment at the Naval Sup- protecting these invaluable resources. Mr. President, to close, I want to port Activity in Danang, South Viet- Tribes have also worked independently highlight a prominent figure in Colo- nam. Upon completion of his Naval to conserve and protect cultural re- rado who we lost earlier this year service, he returned to the South Da- sources that are important to our named Ernest House, Sr. He was a stal- kota Army National Guard where he shared past. A strong example of these wart defender of American Indian sov- was commissioned in 1974. He has com- efforts has taken shape over many ereignty and a champion of cultural manded at all levels, from Lieutenant years in Southwestern Colorado where preservation. Mr. House was a former to Colonel. the Ute Mountain Ute tribe has worked Chairman of the Ute Mountain Ute General Carpenter is an engineer by to protect acres of sacred and histori- Tribe and he represented the tribe be- formal training, tirelessly devising, cally important sites that are con- fore national, state-wide, and private planning and building. He was a found- organizations for more than 50 years. nected to the cultural resources that ing member of the Director of the Chairman House’s passing was a great exist within Mesa Verde National Army National Guard’s Engineer Advi- loss for the Ute Mountain Ute Tribe, Park. sory Team and went on to be the chair- The Ute Mountain Ute Tribal Park, Indian Country and for Colorado. I man until May 2006. Engineering and situated on the Ute Mountain reserva- would like to recognize his contribu- organizational skills aside, General tion, serves not only as a means to pro- tions as part of Native American Herit- Carpenter is most passionate about sol- tect important resources, but also as a age Month. I have no doubt that his diers: the Nation’s sons and daughters means to educate and develop an eco- legacy will be a strong part of our lives who are in his care. I have seen this nomic base for the tribe and the region in Colorado and my thoughts continue firsthand and have also witnessed his as a whole. Also in Southwestern Colo- to be with his family. dedication to our Nation’s veterans as I am proud to join my fellow Colo- rado, the Southern Ute Indian Tribe he assisted me in awarding Korean War radans in celebration of Native Amer- has worked to protect important cul- medals to veterans in South Dakota. ican Heritage Month. As we celebrate tural resources. Just this year, the For the past 21⁄2 years, Gen. Car- the many contributions of Colorado’s tribe opened a state-of-the-art cultural penter has ably served as the Acting American Indian community, I hope center that is dedicated to telling the Director, Army National Guard. In this that we will call to mind the long his- story of the Ute people, providing an- capacity, he has led more than 350,000 tory of America’s Native Americans other cultural draw to Southwestern National Guard soldiers from the 54 and their continued contributions to Colorado. states, territories and the District of These are examples of how shared Colorado and our Nation. Columbia. As Chairman of the Military Thank you, Mr. President. goals of cultural preservation can work Construction and VA Appropriations symbiotically, and I believe that f Subcommittee, I have worked with through close collaboration, the fed- ADDITIONAL STATEMENTS Gen. Carpenter to fund important Na- eral government and tribes throughout tional Guard construction projects, and the country can better protect cultural I was proud to have him testify before resources while developing other op- CONGRATULATING MOUNT NOTRE my subcommittee. He has represented portunities in economic development DAME VOLLEYBALL our home State well and has been a and education. ∑ Mr. PORTMAN. Mr. President, today tireless advocate for the members of This relationship will be crucial in I wish to congratulate the Mount Notre the Army National Guard. He is truly a creating new jobs both on and off tribal Dame High School Volleyball team for soldier’s soldier. On occasion, when Big lands while building opportunities for winning their sixth Ohio Division I Army concocted some sort of short- the next generation. For example, the State volleyball title on Saturday, No- sighted plan, there was Gen. Carpenter Ute Mountain Ute and the Southern vember 12, 2011. Mount Notre Dame is ‘‘standing like a stone wall’’ to look Ute are among the region’s largest em- an all-girls Catholic school located in out for the interest of his soldiers and ployers, each employing more than Cincinnati, OH. his country. 1,000 workers and generating millions The Mount Notre Dame Cougars pre- For his efforts, General Carpenter of dollars in economic activity that vailed in the championship match by has received numerous awards and

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7699 decorations at every phase of his stel- MESSAGES FROM THE HOUSE H.R. 2112. An act making consolidated ap- lar career, including Legions of Merits, propriations for the Departments of Agri- At 10:59 a.m., a message from the culture, Commerce, Justice, Transportation, Meritorious Service Medals, the Viet- House of Representatives, delivered by nam Service Medal, Army Commenda- and Housing and Urban Development, and re- Mr. Novotny, one of its reading clerks, lated programs for the fiscal year ending tion Medals, Army Achievement Med- announced that the House has passed September 30, 2012, and for other purposes. als, Army Reserve Components the following bills, in which it requests The enrolled bill was subsequently Achievement Medals, and the National the concurrence of the Senate: Defense Service Medals, among many signed by the Acting President pro H.R. 822. An act to amend title 18, United tempore (Mr. BENNET). others. States Code, to provide a national standard f Today I join my fellow Americans in accordance with which nonresidents of a and stand with proud South Dakotans State may carry concealed firearms in the MEASURES REFERRED in congratulating Gen. Carpenter on an State. impressive military career. In 2011 our H.R. 1791. An act to designate the United The following bills were read the first Nation is most assuredly safer, strong- States courthouse under construction at 101 and the second times by unanimous er, and more secure because of this South United States Route 1 in Fort Pierce, consent, and referred as indicated: dedicated soldier, gifted engineer, and Florida, as the ‘‘Alto Lee Adams, Sr., United H.R. 822. An act to amend title 18, United States Courthouse’’. superb leader. I am grateful for Gen. States Code, to provide a national standard H.R. 2415. An act to designate the facility in accordance with which nonresidents of a Carpenter’s service to our country, and of the United States Postal Service located State may carry concealed firearms in the to his wife, Mary, for her tireless sup- at 11 Dock Street in Pittston, Pennsylvania, State; to the Committee on the Judiciary. port of her husband and his mission. as the ‘‘Trooper Joshua D. Miller Post Office H.R. 1791. An act to designate the United After years of dedicated service, I wish Building’’. States courthouse under construction at 101 Major General Carpenter a relaxing re- H.R. 2660. An act to designate the facility South United States Route 1 in Fort Pierce, tirement, filled with many joyful hours of the United States Postal Service located Florida, as the ‘‘Alto Lee Adams, Sr., United on his Harley.∑ at 122 North Holderrieth Boulevard in States Courthouse’’; to the Committee on Tomball, Texas, as the ‘‘Tomball Veterans Homeland Security and Governmental Af- f Post Office’’. fairs. H.R. 3004. An act to designate the facility H.R. 2415. An act to designate the facility MESSAGES FROM THE PRESIDENT of the United States Postal Service located of the United States Postal Service located Messages from the President of the at 260 California Drive in Yountville, Cali- at 11 Dock Street in Pittston, Pennsylvania, fornia, as the ‘‘Private First Class Alejandro United States were communicated to as the ‘‘Trooper Joshua D. Miller Post Office R. Ruiz Post Office Building’’. Building’’; to the Committee on Homeland the Senate by Mr. Pate, one of his sec- Security and Governmental Affairs. retaries. The message also announced that the House agrees to the amendment of the H.R. 2660. An act to designate the facility f Senate to the bill (H.R. 674) to amend of the United States Postal Service located at 122 North Holderrieth Boulevard in the Internal Revenue Code of 1986 to re- EXECUTIVE MESSAGES REFERRED Tomball, Texas, as the ‘‘Tomball Veterans peal the imposition of 3 percent with- Post Office’’; to the Committee on Homeland As in executive session the Presiding holding on certain payments made to Security and Governmental Affairs. Officer laid before the Senate messages vendors by government entities, to H.R. 3004. An act to designate the facility from the President of the United modify the calculation of modified ad- of the United States Postal Service located States submitting sundry nominations justed gross income for purposes of de- at 260 California Drive in Yountville, Cali- which were referred to the appropriate termining eligibility for certain fornia, as the ‘‘Private First Class Alejandro committees. healthcare-related programs, and for R. Ruiz Post Office Building’’; to the Com- mittee on Homeland Security and Govern- (The nominations received today are other purposes. printed at the end of the Senate pro- mental Affairs. f ceedings.) f ENROLLED BILLS SIGNED f ENROLLED BILL PRESENTED At 12:54 p.m., a message from the The Secretary of the Senate an- REPORT RELATIVE TO EXTENDING House of Representatives, delivered by nounced that on today, November 17, THE PERIOD OF PRODUCTION OF Mrs. Cole, one of its reading clerks, an- 2011, she had presented to the President THE NAVAL PETROLEUM RE- nounced that the Speaker has signed of the United States the following en- SERVES FOR A PERIOD OF the following enrolled bill: rolled bill: THREE YEARS FROM APRIL 5, S. 1412. An act to designate the facility of 2012—PM 34 S. 1412. An act to designate the facility of the United States Postal Service located at the United States Postal Service located at The PRESIDING OFFICER laid be- 462 Washington Street, Woburn, Massachu- 462 Washington Street, Woburn, Massachu- fore the Senate the following message setts, as the ‘‘Officer John Maguire Post Of- setts, as the ‘‘Officer John Maguire Post Of- fice’’. from the President of the United fice’’. The enrolled bill was subsequently States, together with an accompanying f report; which was referred to the Com- signed by the President pro tempore EXECUTIVE AND OTHER mittee on Armed Services: (Mr. INOUYE). COMMUNICATIONS To the Congress of the United States: At 4:38 p.m., a message from the The following communications were Consistent with section 7422(c)(2) of House of Representatives, delivered by laid before the Senate, together with title 10, United States Code, I am in- Mrs. Cole, one of its reading clerks, an- accompanying papers, reports, and doc- forming you of my decision to extend nounced that the House agrees to the uments, and were referred as indicated: the period of production of the Naval report of the committee of conference Petroleum Reserves for a period of 3 EC–3973. A communication from the Assist- on the disagreeing votes of the two ant General Counsel for Regulatory Affairs, years from April 5, 2012, the expiration Houses on the amendments of the Sen- Consumer Product Safety Commission, date of the currently authorized period ate to the bill (H.R. 2112) making ap- transmitting, pursuant to law, the report of of production. propriations for Agriculture, Rural De- a rule entitled ‘‘Virginia Graeme Baker Pool Attached is a copy of the report in- velopment, Food and Drug Administra- and Spa Safety Act; Incorporation by Ref- vestigating continued production of tion, and Related Agencies programs erence of Successor Standard’’ (16 CFR Part the Reserves, consistent with section for the fiscal year ending September 30, 1450) received in the Office of the President 7422(c)(2)(B) of title 10. In light of the 2012, and for other purposes. of the Senate on November 10, 2011; to the findings contained in the report, I cer- Committee on Commerce, Science, and At 8:02 p.m., a message from the Transportation. tify that continued production from EC–3974. A communication from the Trial the Naval Petroleum Reserves is in the House of Representatives, delivered by Attorney, Federal Railroad Administration, national interest. Mrs. Cole, one of its reading clerks, an- Department of Transportation, transmitting, BARACK OBAMA. nounced that the Speaker has signed pursuant to law, the report of a rule entitled THE WHITE HOUSE, November 17, 2011. the following enrolled bill: ‘‘Safety and Health Requirements Related to

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7700 CONGRESSIONAL RECORD — SENATE November 17, 2011 Camp Cars’’ (RIN2130–AC13) received in the ‘‘Magnuson-Stevens Act Provisions; Fish- EC–3990. A communication from the Acting Office of the President of the Senate on No- eries Off West Coast States; Pacific Coast Director, Office of Sustainable Fisheries, De- vember 10, 2011; to the Committee on Com- Groundfish Fishery; Biennial Specifications partment of Commerce, transmitting, pursu- merce, Science, and Transportation. and Management Measures; Correction’’ ant to law, the report of a rule entitled EC–3975. A communication from the Trial (RIN0648–BA01) received in the Office of the ‘‘Fisheries of the Exclusive Economic Zone Attorney, Federal Railroad Administration, President of the Senate on November 10, Off Alaska; Reallocation of Crab Prohibited Department of Transportation, transmitting, 2011; to the Committee on Commerce, Species Catch Allowances in the Bering Sea pursuant to law, the report of a rule entitled Science, and Transportation. and Aleutian Islands Management Area’’ ‘‘Conductor Certification’’ (RIN2130–AC08) EC–3983. A communication from the Dep- (RIN0648–XA784) received in the Office of the received in the Office of the President of the uty Assistant Administrator for Operations, President of the Senate on November 9, 2011; Senate on November 10, 2011; to the Com- Office of Sustainable Fisheries, Department to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- of Commerce, transmitting, pursuant to law, and Transportation. tation. the report of a rule entitled ‘‘Magnuson-Ste- EC–3991. A communication from the Acting EC–3976. A communication from the Assist- vens Act Provisions; Fisheries Off West Director, Office of Sustainable Fisheries, De- ant Secretary for Export Administration, Coast States; Pacific Coast Groundfish Fish- partment of Commerce, transmitting, pursu- Bureau of Industry and Security, Depart- ery; Amendments 20 and 21; Trawl Rational- ant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant ization Program; Correcting Amendments’’ ‘‘Fisheries of the Northeastern United to law, the report of a rule entitled ‘‘Exports (RIN0648–BB31) received in the Office of the States; Atlantic Herring Fishery; Adjust- and Reexports to the Principality of Liech- President of the Senate on November 10, ment to the Atlantic Herring Management tenstein’’ (RIN0694–AF33) received in the Of- 2011; to the Committee on Commerce, Area 1A Sub-Annual Catch Limit’’ (RIN0648– fice of the President of the Senate on No- Science, and Transportation. XA767) received in the Office of the President vember 10, 2011; to the Committee on Com- EC–3984. A communication from the Dep- of the Senate on November 9, 2011; to the merce, Science, and Transportation. uty Assistant Administrator for Regulatory Committee on Commerce, Science, and EC–3977. A communication from the Regu- Programs, Office of Sustainable Fisheries, Transportation. EC–3992. A communication from the Acting latory Ombudsman, Federal Motor Carrier Department of Commerce, transmitting, pur- Director, Office of Sustainable Fisheries, De- Safety Administration, Department of suant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- Transportation, transmitting, pursuant to ‘‘Fisheries of the Northeastern United ant to law, the report of a rule entitled ‘‘Gulf law, the report of a rule entitled ‘‘Commer- States; Monkfish; Framework Adjustment 7’’ of Mexico Reef Fish Fishery; Closure of the cial Driver’s License Information System (RIN0648–BA46) received in the Office of the 2011 Gulf of Mexico Commercial Sector for State Procedures Manual, Release 5.2.0’’ President of the Senate on November 9, 2011; Greater Amberjack’’ (RIN0648–XA766) re- (RIN2126–AB33) received in the Office of the to the Committee on Commerce, Science, ceived in the Office of the President of the President of the Senate on November 10, and Transportation. Senate on November 9, 2011; to the Com- 2011; to the Committee on Commerce, EC–3985. A communication from the Acting mittee on Commerce, Science, and Transpor- Science, and Transportation. Director, Office of Sustainable Fisheries, De- tation. EC–3978. A communication from the Assist- partment of Commerce, transmitting, pursu- EC–3993. A communication from the Acting ant Administrator for Fisheries, National ant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, De- Marine Fisheries Service, Department of ‘‘Fisheries of the Exclusive Economic Zone partment of Commerce, transmitting, pursu- Commerce, transmitting, pursuant to law, Off Alaska; Reallocation of Yellowfin Sole in ant to law, the report of a rule entitled the report of a rule entitled ‘‘Western Pacific the Bering Sea and Aleutian Islands Manage- ‘‘Snapper-Grouper Fishery of the South At- Pelagic Fisheries; American Samoa Longline ment Area’’ (RIN0648–XA757) received in the lantic; Closure of the 2011–2012 Recreational Gear Modifications to Reduce Turtle Inter- Office of the President of the Senate on No- Sector for Black Sea Bass in the South At- actions’’ (RIN0648–AY27) received in the Of- vember 9, 2011; to the Committee on Com- lantic’’ (RIN0648–XA686) received in the Of- fice of the President of the Senate on No- merce, Science, and Transportation. fice of the President of the Senate on No- vember 10, 2011; to the Committee on Com- EC–3986. A communication from the Acting vember 9, 2011; to the Committee on Com- merce, Science, and Transportation. Director, Office of Sustainable Fisheries, De- merce, Science, and Transportation. EC–3979. A communication from the Direc- partment of Commerce, transmitting, pursu- EC–3994. A communication from the Acting tor, Office of Sustainable Fisheries, Depart- ant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, De- ment of Commerce, transmitting, pursuant ‘‘Fisheries of the Northeastern United partment of Commerce, transmitting, pursu- to law, the report of a rule entitled ‘‘Fish- States; Atlantic Herring Fishery; Sub-ACL ant to law, the report of a rule entitled ‘‘Pa- eries of the Exclusive Economic Zone Off (Annual Catch Limit) Harvested for Manage- cific Cod by Vessels Harvesting Pacific Cod Alaska; Pacific Cod by Vessels Harvesting ment Area 1A’’ (RIN0648–XA764) received in for Processing by the Inshore Component in Pacific Cod for Processing by the Inshore the Office of the President of the Senate on the Central Regulatory Area of the Gulf of Component in the Western Regulatory Area November 9, 2011; to the Committee on Com- Alaska’’ (RIN0648–XA759) received in the Of- of the Gulf of Alaska’’ (RIN0648–XA790) re- merce, Science, and Transportation. fice of the President of the Senate on No- ceived in the Office of the President of the EC–3987. A communication from the Acting vember 9, 2011; to the Committee on Com- Senate on November 9, 2011; to the Com- Director, Office of Sustainable Fisheries, De- merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- partment of Commerce, transmitting, pursu- EC–3995. A communication from the Dep- tation. ant to law, the report of a rule entitled uty Assistant General Counsel for the Office EC–3980. A communication from the Direc- ‘‘Fisheries of the Exclusive Economic Zone of Aviation Enforcement Proceedings, Office tor, Office of Sustainable Fisheries, Depart- Off Alaska; Pacific Cod and Octopus in the of the Secretary of Transportation, Depart- ment of Commerce, transmitting, pursuant Bering Sea and Aleutian Islands Manage- ment of Transportation, transmitting, pur- to law, the report of a rule entitled ‘‘Fish- ment Area’’ (RIN0648–XA794) received in the suant to law, a rule entitled ‘‘Enhancing Air- eries of the Exclusive Economic Zone Off Office of the President of the Senate on No- line Passenger Protections: Limited Delay of Alaska; Pacific Cod by Catcher/Processors vember 9, 2011; to the Committee on Com- Effective Date for Certain Provisions’’ (RIN2105–AD92) received in the Office of the Using Pot Gear in the Bering Sea and Aleu- merce, Science, and Transportation. President of the Senate on November 10, tian Islands Management Area’’ (RIN0648– EC–3988. A communication from the Acting 2011; to the Committee on Commerce, XA791) received in the Office of the President Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- Science, and Transportation. of the Senate on November 9, 2011; to the EC–3996. A communication from the Dep- ant to law, the report of a rule entitled Committee on Commerce, Science, and uty Assistant General Counsel for the Office Transportation. ‘‘Fisheries of the Exclusive Economic Zone of Aviation Enforcement Proceedings, Office EC–3981. A communication from the Dep- Off Alaska; Pacific Ocean Perch in the East- of the Secretary of Transportation, Depart- uty Assistant Administrator for Regulatory ern Aleutian District of the Bering Sea and ment of Transportation, transmitting, pur- Programs, Office of Sustainable Fisheries, Aleutian Islands Management Area’’ suant to law, a rule entitled ‘‘Enhancing Air- Department of Commerce, transmitting, pur- (RIN0648–XA782) received in the Office of the line Passenger Protections’’ (RIN2105–AD92) suant to law, the report of a rule entitled President of the Senate on November 9, 2011; received in the Office of the President of the ‘‘Western Pacific Bottomfish and Seamount to the Committee on Commerce, Science, Senate on November 10, 2011; to the Com- Groundfish Fisheries; 2011–12 Main Hawaiian and Transportation. mittee on Commerce, Science, and Transpor- Islands Deep 7 Bottomfish Annual Catch EC–3989. A communication from the Acting tation. Limits and Accountability Measures’’ Director, Office of Sustainable Fisheries, De- EC–3997. A communication from the Senior (RIN0648–XA470) received in the Office of the partment of Commerce, transmitting, pursu- Program Analyst, Federal Aviation Adminis- President of the Senate on November 10, ant to law, the report of a rule entitled tration, Department of Transportation, 2011; to the Committee on Commerce, ‘‘Fisheries of the Exclusive Economic Zone transmitting, pursuant to law, the report of Science, and Transportation. Off Alaska; Atka Mackerel in the Bering Sea a rule entitled ‘‘Establishment of Class E EC–3982. A communication from the Dep- and Aleutian Islands Management Area’’ Airspace; Brunswick, ME’’ ((RIN2120–AA66) uty Assistant Administrator for Regulatory (RIN0648–XA783) received in the Office of the (Docket No. FAA–2011–0116)) received in the Programs, Office of Sustainable Fisheries, President of the Senate on November 9, 2011; Office of the President of the Senate on No- Department of Commerce, transmitting, pur- to the Committee on Commerce, Science, vember 10, 2011; to the Committee on Com- suant to law, the report of a rule entitled and Transportation. merce, Science, and Transportation.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7701 EC–3998. A communication from the Senior No. FAA–2011–0687)) received in the Office of in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- the President of the Senate on November 10, on November 10, 2011; to the Committee on tration, Department of Transportation, 2011; to the Committee on Commerce, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Science, and Transportation. EC–4015. A communication from the Senior a rule entitled ‘‘Amendment of Class E Air- EC–4007. A communication from the Senior Program Analyst, Federal Aviation Adminis- space; El Dorado, KS’’ ((RIN2120–AA66) Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, (Docket No. FAA–2011–0213)) received in the tration, Department of Transportation, transmitting, pursuant to law, the report of Office of the President of the Senate on No- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; vember 10, 2011; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives; Dowty Propellers Type R212/4–30–4/22 and merce, Science, and Transportation. Sicma Aero Seat Passenger Seat Assemblies R251/4–30–4/49 Propeller Assemblies’’ EC–3999. A communication from the Senior Installed on Various Transport Category Air- ((RIN2120–AA64)(Docket No. FAA–2011–0735)) Program Analyst, Federal Aviation Adminis- planes’’ ((RIN2120–AA64)(Docket No. FAA– received in the Office of the President of the tration, Department of Transportation, 2010–0040)) received in the Office of the Presi- Senate on November 10, 2011; to the Com- transmitting, pursuant to law, the report of dent of the Senate on November 10, 2011; to mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Amendment of Class E Air- the Committee on Commerce, Science, and tation. space; Mobridge, SD’’ ((RIN2120–AA66) (Dock- Transportation. f et No. FAA–2011–0134)) received in the Office EC–4008. A communication from the Senior of the President of the Senate on November Program Analyst, Federal Aviation Adminis- REPORTS OF COMMITTEES 10, 2011; to the Committee on Commerce, tration, Department of Transportation, The following reports of committees Science, and Transportation. transmitting, pursuant to law, the report of EC–4000. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; were submitted: Program Analyst, Federal Aviation Adminis- BAE SYSTEMS (Operations) Limited Model By Mr. INOUYE, from the Committee on tration, Department of Transportation, 4101 Airplanes’’ ((RIN2120–AA64)(Docket No. Appropriations: transmitting, pursuant to law, the report of FAA–2011–0306)) received in the Office of the Special Report entitled ‘‘Further Revised a rule entitled ‘‘Amendment of Class E Air- President of the Senate on November 10, Allocation to Subcommittees of Budget To- space; Harrisonville, MO’’ ((RIN2120–AA66) 2011; to the Committee on Commerce, tals for Fiscal Year 2012’’ (Rept. No. 112–95). (Docket No. FAA–2011–0251)) received in the Science, and Transportation. By Mr. LEAHY, from the Committee on Office of the President of the Senate on No- EC–4009. A communication from the Senior the Judiciary: vember 10, 2011; to the Committee on Com- Program Analyst, Federal Aviation Adminis- Report to accompany S. 1301, a bill to au- merce, Science, and Transportation. tration, Department of Transportation, thorize appropriations for fiscal years 2012 EC–4001. A communication from the Senior transmitting, pursuant to law, the report of through 2015 for the Trafficking Victims Pro- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; tection Act of 2000, to enhance measures to tration, Department of Transportation, Empresa Brasileira de Aeronautica S.A. combat trafficking in persons, and for other transmitting, pursuant to law, the report of (EMBRAER) Airplanes’’ ((RIN2120– purposes (Rept. No. 112–96). a rule entitled ‘‘Amendment of Class E Air- AA64)(Docket No. FAA–2011–0312)) received By Mr. LEAHY, from the Committee on space; Cleveland, MS’’ ((RIN2120–AA66) in the Office of the President of the Senate the Judiciary, with an amendment in the na- (Docket No. FAA–2011–0102)) received in the on November 10, 2011; to the Committee on ture of a substitute: Office of the President of the Senate on No- Commerce, Science, and Transportation. H.R. 347. A bill to correct and simplify the vember 10, 2011; to the Committee on Com- EC–4010. A communication from the Senior drafting of section 1752 (relating to re- merce, Science, and Transportation. Program Analyst, Federal Aviation Adminis- stricted buildings or grounds) of title 18, EC–4002. A communication from the Senior tration, Department of Transportation, United States Code. Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of H.R. 2076. A bill to amend title 28, United tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; States Code, to clarify the statutory author- transmitting, pursuant to law, the report of Diamond Aircraft Industries Powered Sail- ity for the longstanding practice of the De- a rule entitled ‘‘Amendment of Class D Air- planes’’ ((RIN2120–AA64)(Docket No. FAA– partment of Justice of providing investiga- space; Denton, TX’’ ((RIN2120–AA66)(Docket 2011–0811)) received in the Office of the Presi- tory assistance on request of State and local No. FAA–2010–1327)) received in the Office of dent of the Senate on November 10, 2011; to authorities with respect to certain serious the President of the Senate on November 10, the Committee on Commerce, Science, and violent crimes, and for other purposes. 2011; to the Committee on Commerce, Transportation. By Mr. LEAHY, from the Committee on Science, and Transportation. EC–4011. A communication from the Senior the Judiciary, without amendment: EC–4003. A communication from the Senior Program Analyst, Federal Aviation Adminis- H.R. 2189. A bill to encourage States to re- Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, port to the Attorney General certain infor- tration, Department of Transportation, transmitting, pursuant to law, the report of mation regarding the deaths of individuals in transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; the custody of law enforcement agencies, and a rule entitled ‘‘Removal of Class D and E Airbus Airplanes’’ ((RIN2120–AA64)(Docket for other purposes. Airspace; Willow Grove, PA’’ ((RIN2120– No. FAA–2011–0264)) received in the Office of S. 1793. A bill to amend title 28, United AA66)(Docket No. FAA–2011–0355)) received the President of the Senate on November 10, States Code, to clarify the statutory author- in the Office of the President of the Senate 2011; to the Committee on Commerce, ity for the longstanding practice of the De- on November 10, 2011; to the Committee on Science, and Transportation. partment of Justice of providing investiga- Commerce, Science, and Transportation. EC–4012. A communication from the Senior tory assistance on request of State and local EC–4004. A communication from the Senior Program Analyst, Federal Aviation Adminis- authorities with respect to certain serious Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, violent crimes, and for other purposes. tration, Department of Transportation, transmitting, pursuant to law, the report of By Mr. LEAHY, from the Committee on transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; the Judiciary, with amendments: a rule entitled ‘‘Standard Instrument Ap- Cessna Aircraft Company Airplanes’’ S. 1794. A bill to correct and simplify the proach Procedures (87); Amdt. No. 3448’’ ((RIN2120–AA64)(Docket No. FAA–2011–1161)) drafting of section 1752 (relating to re- (RIN2120–AA65) received in the Office of the received in the Office of the President of the stricted buildings or grounds) of title 18, President of the Senate on November 10, Senate on November 10, 2011; to the Com- United States Code. 2011; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- f Science, and Transportation. tation. EC–4005. A communication from the Senior EC–4013. A communication from the Senior INTRODUCTION OF BILLS AND Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- JOINT RESOLUTIONS tration, Department of Transportation, tration, Department of Transportation, The following bills and joint resolu- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of tions were introduced, read the first a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives; proach Procedures (40); Amdt. No. 3449’’ Airbus Model A300 B4–103, B4–203, and B4–2C and second times by unanimous con- (RIN2120–AA65) received in the Office of the Airplanes’’ ((RIN2120–AA64)(Docket No. sent, and referred as indicated: President of the Senate on November 10, FAA–2011–0478)) received in the Office of the By Mr. HATCH (for himself and Mr. 2011; to the Committee on Commerce, President of the Senate on November 10, LEE): Science, and Transportation. 2011; to the Committee on Commerce, S. 1883. A bill to provide for the sale of ap- EC–4006. A communication from the Senior Science, and Transportation. proximately 30 acres of Federal land in Program Analyst, Federal Aviation Adminis- EC–4014. A communication from the Senior Uinta-Wasatch-Cache National Forest in tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- Salt Lake County, Utah, to permit the estab- transmitting, pursuant to law, the report of tration, Department of Transportation, lishment of a minimally invasive transpor- a rule entitled ‘‘Airworthiness Directives; transmitting, pursuant to law, the report of tation alternative called ‘‘SkiLink’’ to con- Diamond Aircraft Industries GmbH Air- a rule entitled ‘‘Airworthiness Directives; nect 2 ski resorts in the Wasatch Mountains, planes with Supplemental Type Certificate Bombardier, Inc. Airplanes’’ ((RIN2120– and for other purposes; to the Committee on (STC) SA03674AT’’ ((RIN2120–AA64)(Docket AA64)(Docket No. FAA–2011–0564)) received Energy and Natural Resources.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7702 CONGRESSIONAL RECORD — SENATE November 17, 2011 By Mr. DURBIN (for himself and Mr. S. 1896. A bill to eliminate the automatic By Mrs. FEINSTEIN (for herself and KIRK): inflation increases for discretionary pro- Mr. INHOFE): S. 1884. A bill to provide States with incen- grams built into the baseline projections and S. Res. 333. A resolution welcoming and tives to require elementary schools and sec- require budget estimates to be compared commending the Government of Japan for ondary schools to maintain, and permit with the prior year’s level; to the Committee extending an official apology to all United school personnel to administer, epinephrine on the Budget. States former prisoners of war from the Pa- at schools; to the Committee on Health, Edu- By Mr. CASEY: cific War and establishing in 2010 a visitation cation, Labor, and Pensions. S. 1897. A bill to amend Public Law 101–377 program to Japan for surviving veterans, By Mr. HELLER: to revise the boundaries of the Gettysburg family members, and descendants; consid- S. 1885. A bill to provide for a temporary National Military Park to include the Get- ered and agreed to. extension of unemployment insurance, and tysburg Train Station, and for other pur- for other purposes; to the Committee on Fi- poses; to the Committee on Energy and Nat- f nance. ural Resources. By Mr. LEAHY (for himself, Mr. By Ms. MURKOWSKI (for herself and ADDITIONAL COSPONSORS GRASSLEY, Mr. BENNET, and Mr. Mr. BEGICH): S. 235 S. 1898. A bill to provide for the convey- BLUMENTHAL): At the request of Mrs. MCCASKILL, ance of certain property from the United S. 1886. A bill to prevent trafficking in the name of the Senator from Florida counterfeit drugs; to the Committee on the States to the Maniilaq Association located Judiciary. in Kotzebue, Alaska; to the Committee on (Mr. RUBIO) was added as a cosponsor of By Mrs. BOXER: Indian Affairs. S. 235, a bill to provide personal juris- S. 1887. A bill to protect children from By Mr. BOOZMAN (for himself and Mr. diction in causes of action against con- abuse and neglect; to the Committee on the PRYOR): tractors of the United States per- Judiciary. S. 1899. A bill to require that members of forming contracts abroad with respect By Mr. CASEY (for himself and Mr. the Armed Forces who were killed or wound- to members of the Armed Forces, civil- HARKIN): ed in the attack that occurred at a recruit- S. 1888. A bill to amend the Food, Con- ing station in Little Rock, Arkansas, on ian employees of the United States, servation, and Energy Act of 2008 to estab- June 1, 2009, are treated in the same manner and United States citizen employees of lish a program to provide loans for local as members who are killed or wounded in a companies performing work for the farms, ranches, and market gardens to im- combat zone; to the Committee on Armed United States in connection with con- prove public health and nutrition, reduce en- Services. tractor activities, and for other pur- ergy consumption, and for other purposes; to By Mr. MENENDEZ (for himself, Mr. poses. the Committee on Agriculture, Nutrition, NELSON of Florida, and Mr. LAUTEN- S. 384 and Forestry. BERG): By Mrs. BOXER: S. 1900. A bill to amend title XVIII of the At the request of Mrs. HUTCHISON, the S. 1889. A bill to protect children from ne- Social Security Act to preserve access to name of the Senator from Idaho (Mr. glect and abuse on Federal property; to the urban Medicare-dependent hospitals; to the CRAPO) was added as a cosponsor of S. Committee on the Judiciary. Committee on Finance. 384, a bill to amend title 39, United By Mr. BEGICH: By Mr. UDALL of Colorado (for himself States Code, to extend the authority of S. 1890. A bill to prevent forfeited fishing and Mr. CRAPO): vessels from being transferred to private par- S. 1901. A bill to amend the Internal Rev- the United States Postal Service to ties and for other purposes; to the Com- enue Code of 1986 to increase the limitations issue a semipostal to raise funds for mittee on Commerce, Science, and Transpor- on the amount excluded from the gross es- breast cancer research. tation. tate with respect to land subject to a quali- S. 671 By Ms. CANTWELL (for herself, Mr. fied conservation easement; to the Com- At the request of Mr. SESSIONS, the BINGAMAN, Mrs. FEINSTEIN, Mrs. MUR- mittee on Finance. name of the Senator from New York RAY, Mr. LIEBERMAN, Mr. CARDIN, Mr. By Mr. KIRK (for himself and Mr. DUR- AKAKA, Mr. WARNER, Mr. REED, Mr. BIN): (Mr. SCHUMER) was added as a cospon- LAUTENBERG, Mr. KERRY, Mr. S. 1902. A bill to authorize the Secretary of sor of S. 671, a bill to authorize the WHITEHOUSE, Mr. MENENDEZ, Mr. the Interior to conduct a special resource United States Marshals Service to DURBIN, Mrs. BOXER, Mr. HARKIN, Mr. study of the archeological site and sur- issue administrative subpoenas in in- WEBB, Mr. MERKLEY, Mrs. HAGAN, and rounding land of the New Philadelphia town vestigations relating to unregistered Mrs. GILLIBRAND): site in the State of Illinois, and for other sex offenders. S. 1891. A bill to provide lasting protection purposes; to the Committee on Energy and for inventoried roadless areas within the Na- Natural Resources. S. 672 tional Forest System; to the Committee on By Mrs. GILLIBRAND (for herself, Mr. At the request of Mr. ROCKEFELLER, Energy and Natural Resources. TESTER, Ms. STABENOW, Mr. DURBIN, the name of the Senator from Alaska By Mr. FRANKEN (for himself, Ms. Mrs. MCCASKILL, Ms. KLOBUCHAR, Mr. (Ms. MURKOWSKI) was added as a co- COLLINS, and Ms. MIKULSKI): RUBIO, and Mr. BLUMENTHAL): sponsor of S. 672, a bill to amend the S. 1892. A bill to protect the housing rights S. 1903. A bill to prohibit commodities and of victims of domestic violence, dating vio- securities trading based on nonpublic infor- Internal Revenue Code of 1986 to extend lence, sexual assault, and stalking, and for mation relating to Congress, to require addi- and modify the railroad track mainte- other purposes; to the Committee on Bank- tional reporting by Members and employees nance credit. ing, Housing, and Urban Affairs. of Congress of securities transactions, and S. 933 By Mr. REED: for other purposes; to the Committee on At the request of Mr. SCHUMER, the S. 1893. A bill to amend titles 5, 10, and 32, Homeland Security and Governmental Af- United States Code, to eliminate inequities fairs. name of the Senator from Connecticut in the treatment of National Guard techni- By Mr. DEMINT (for himself, Mr. LEE, (Mr. BLUMENTHAL) was added as a co- cians, to reduce the eligibility age for retire- Mr. VITTER, Mr. PAUL, Mr. SESSIONS, sponsor of S. 933, a bill to amend the ment for non-Regular service, and for other Mr. GRAHAM, Mr. INHOFE, and Mr. Internal Revenue Code of 1986 to extend purposes; to the Committee on Armed Serv- COBURN): and increase the exclusion for benefits ices. S. 1904. A bill to provide information on provided to volunteer firefighters and By Mr. SCHUMER (for himself, Mr. total spending on means-tested welfare pro- emergency medical responders. WHITEHOUSE, Mr. GRAHAM, Mr. KYL, grams, to provide additional work require- Mr. HATCH, and Mr. CORNYN): ments, and to provide an overall spending S. 996 S. 1894. A bill to deter terrorism, provide limit on means-tested welfare programs; to At the request of Mr. ROCKEFELLER, justice for victims, and for other purposes; to the Committee on Finance. the name of the Senator from Missouri the Committee on the Judiciary. f (Mr. BLUNT) was added as a cosponsor By Mrs. GILLIBRAND: of S. 996, a bill to amend the Internal S. 1895. A bill to require the Secretary of SUBMISSION OF CONCURRENT AND Commerce to establish a program for the SENATE RESOLUTIONS Revenue Code of 1986 to extend the new award of grants to States to establish revolv- markets tax credit through 2016, and ing loan funds for small and medium-sized The following concurrent resolutions for other purposes. and Senate resolutions were read, and manufacturers to improve energy efficiency S. 1025 and produce clean energy technology, to pro- referred (or acted upon), as indicated: At the request of Mr. LEAHY, the vide a tax credit for farmers’ investments in By Mrs. HAGAN (for herself and Mr. name of the Senator from Massachu- value-added agriculture, and for other pur- KIRK): poses; to the Committee on Finance. S. Res. 332. A resolution supporting the setts (Mr. KERRY) was added as a co- By Ms. AYOTTE (for herself and Mr. goals and ideals of American Education sponsor of S. 1025, a bill to amend title JOHNSON of Wisconsin): Week; considered and agreed to. 10, United States Code, to enhance the

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7703 national defense through empowerment nois (Mr. DURBIN) was added as a co- (Mr. COONS) was added as a cosponsor of the National Guard, enhancement of sponsor of S. 1534, a bill to prevent of S. 1794, a bill to correct and simplify the functions of the National Guard identity theft and tax fraud. the drafting of section 1752 (relating to Bureau, and improvement of Federal- S. 1541 restricted buildings or grounds) of title State military coordination in domes- At the request of Mr. BENNET, the 18, United States Code. tic emergency response, and for other name of the Senator from Georgia (Mr. S. 1798 purposes. ISAKSON) was added as a cosponsor of S. At the request of Mr. UDALL of New S. 1048 1541, a bill to revise the Federal charter Mexico, the names of the Senator from At the request of Mr. MENENDEZ, the for the Blue Star Mothers of America, Connecticut (Mr. BLUMENTHAL) and the name of the Senator from California Inc. to reflect a change in eligibility Senator from Vermont (Mr. SANDERS) (Mrs. FEINSTEIN) was added as a co- requirements for membership. were added as cosponsors of S. 1798, a sponsor of S. 1048, a bill to expand S. 1578 bill to direct the Secretary of Veterans sanctions imposed with respect to the At the request of Mr. TOOMEY, the Affairs to establish an open burn pit Islamic Republic of Iran, North Korea, name of the Senator from Pennsyl- registry to ensure that members of the and Syria, and for other purposes. vania (Mr. CASEY) was added as a co- Armed Forces who may have been ex- S. 1154 sponsor of S. 1578, a bill to amend the posed to toxic chemicals and fumes At the request of Mr. BAUCUS, the Safe Drinking Water Act with respect caused by open burn pits while de- name of the Senator from Iowa (Mr. to consumer confidence reports by ployed to Afghanistan or Iraq receive HARKIN) was added as a cosponsor of S. community water systems. information regarding such exposure, 1154, a bill to require transparency for S. 1616 and for other purposes. Executive departments in meeting the At the request of Mr. MENENDEZ, the S. 1804 Government-wide goals for contracting name of the Senator from Wyoming At the request of Mr. REED, the name with small business concerns owned (Mr. BARRASSO) was added as a cospon- of the Senator from New Jersey (Mr. and controlled by service-disabled vet- sor of S. 1616, a bill to amend the Inter- LAUTENBERG) was added as a cosponsor erans, and for other purposes. nal Revenue Code of 1986 to exempt cer- of S. 1804, a bill to amend title IV of S. 1265 tain stock of real estate investment the Supplemental Appropriations Act, At the request of Mr. BINGAMAN, the trusts from the tax on foreign invest- 2008 to provide for the continuation of name of the Senator from North Caro- ments in United States real property certain unemployment benefits, and for lina (Mrs. HAGAN) was added as a co- interests, and for other purposes. other purposes. sponsor of S. 1265, a bill to amend the S. 1632 S. 1831 Land and Water Conservation Fund At the request of Mr. MENENDEZ, the At the request of Mr. THUNE, the Act of 1965 to provide consistent and name of the Senator from New Jersey names of the Senator from Kentucky reliable authority for, and for the fund- (Mr. LAUTENBERG) was added as a co- (Mr. MCCONNELL), the Senator from ing of, the land and water conservation sponsor of S. 1632, a bill to amend the Pennsylvania (Mr. TOOMEY), the Sen- fund to maximize the effectiveness of Internal Revenue Code of 1986 to pro- ator from Utah (Mr. HATCH), the Sen- the fund for future generations, and for vide a look back rule in the case of fed- ator from Texas (Mrs. HUTCHISON), the other purposes. erally declared disasters for deter- Senator from Nebraska (Mr. JOHANNS), mining earned income for purposes of S. 1335 the Senator from Oklahoma (Mr. the child tax credit and the earned in- INHOFE), the Senator from Wisconsin At the request of Mr. INHOFE, the come credit, and for other purposes. names of the Senator from North Caro- (Mr. JOHNSON), the Senator from Iowa S. 1680 (Mr. GRASSLEY), the Senator from Wyo- lina (Mrs. HAGAN) and the Senator At the request of Mr. CONRAD, the ming (Mr. BARRASSO), the Senator from from New York (Mrs. GILLIBRAND) were added as cosponsors of S. 1335, a bill to names of the Senator from Iowa (Mr. Kansas (Mr. ROBERTS), the Senator amend title 49, United States Code, to GRASSLEY) and the Senator from New from Indiana (Mr. COATS), the Senator provide rights for pilots, and for other York (Mrs. GILLIBRAND) were added as from Mississippi (Mr. WICKER), the Sen- purposes. cosponsors of S. 1680, a bill to amend ator from Arkansas (Mr. BOOZMAN), the title XVIII of the Social Security Act Senator from North Dakota (Mr. S. 1350 to protect and preserve access of Medi- HOEVEN), the Senator from Indiana At the request of Mr. COONS, the care beneficiaries in rural areas to (Mr. LUGAR), the Senator from Mis- name of the Senator from Vermont health care providers under the Medi- sissippi (Mr. COCHRAN), the Senator (Mr. LEAHY) was added as a cosponsor care program, and for other purposes. from Arizona (Mr. MCCAIN), the Sen- of S. 1350, a bill to expand the research, S. 1776 ator from Florida (Mr. RUBIO), the Sen- prevention, and awareness activities of At the request of Mr. CARDIN, the ator from North Carolina (Mr. BURR), the Centers for Disease Control and name of the Senator from Pennsyl- the Senator from Missouri (Mr. BLUNT), Prevention and the National Institutes vania (Mr. CASEY) was added as a co- the Senator from Alaska (Ms. MUR- of Health with respect to pulmonary fi- sponsor of S. 1776, a bill to amend title KOWSKI), the Senator from Nevada (Mr. brosis, and for other purposes. 10, United States Code, to expand the HELLER), the Senator from Alabama S. 1355 Operation Hero Miles program to in- (Mr. SESSIONS) and the Senator from At the request of Mrs. FEINSTEIN, the clude the authority to accept the dona- South Carolina (Mr. GRAHAM) were name of the Senator from New York tion of travel benefits in the form of added as cosponsors of S. 1831, a bill to (Mr. SCHUMER) was added as a cospon- hotel points or awards for free or re- direct the Securities and Exchange sor of S. 1355, a bill to regulate polit- duced-cost accommodations. Commission to eliminate the prohibi- ical robocalls. S. 1792 tion against general solicitation as a S. 1421 At the request of Mr. WHITEHOUSE, requirement for a certain exemption At the request of Mr. PORTMAN, the the names of the Senator from New under Regulation D. names of the Senator from Georgia York (Mr. SCHUMER) and the Senator S. 1847 (Mr. ISAKSON) and the Senator from from Connecticut (Mr. BLUMENTHAL) At the request of Mr. RUBIO, the Louisiana (Ms. LANDRIEU) were added were added as cosponsors of S. 1792, a name of the Senator from Oregon (Mr. as cosponsors of S. 1421, a bill to au- bill to clarify the authority of the MERKLEY) was added as a cosponsor of thorize the Peace Corps Commemora- United States Marshals Service to as- S. 1847, a bill to amend title 38, United tive Foundation to establish a com- sist other Federal, State, and local law States Code, to reinstate criminal pen- memorative work in the District of Co- enforcement agencies in the investiga- alties for persons charging veterans un- lumbia and its environs, and for other tion of cases involving sex offenders authorized fees, and for other purposes. purposes. and missing children. S. 1850 S. 1534 S. 1794 At the request of Mr. HARKIN, the At the request of Mr. NELSON of Flor- At the request of Mr. BLUMENTHAL, name of the Senator from New Mexico ida, the name of the Senator from Illi- the name of the Senator from Delaware (Mr. UDALL) was added as a cosponsor

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7704 CONGRESSIONAL RECORD — SENATE November 17, 2011 of S. 1850, a bill to expand and improve that Congress should ‘‘Go Big’’ in its SEC. 2. FINDINGS. opportunities for beginning farmers attempts toward deficit reduction. Congress finds the following: and ranchers, and for other purposes. AMENDMENT NO. 976 (1) According to research funded by the Food Allergy Initiative and conducted by S. 1868 At the request of Mr. BLUNT, the Northwestern University and Children’s Me- At the request of Mr. MENENDEZ, the name of the Senator from Nebraska morial Hospital, nearly 6,000,000 children in name of the Senator from Nevada (Mr. (Mr. NELSON) was added as a cosponsor the United States have food allergies. HELLER) was added as a cosponsor of S. of amendment No. 976 intended to be (2) Anaphylaxis, or anaphylactic shock, is 1868, a bill to establish within the proposed to H.R. 2354, a bill making ap- a systemic allergic reaction that can kill Smithsonian Institution the Smithso- propriations for energy and water de- within minutes. nian American Latino Museum, and for velopment and related agencies for the (3) More than 15 percent of school-aged children with food allergies have had an al- other purposes. fiscal year ending September 30, 2012, and for other purposes. lergic reaction in school. S. 1871 (4) Teenagers and young adults with food AMENDMENT NO. 982 At the request of Mr. BROWN of Mas- allergies are at the highest risk of fatal food- At the request of Mr. MENENDEZ, the induced anaphylaxis. sachusetts, the names of the Senator name of the Senator from Nevada (Mr. from Nevada (Mr. HELLER) and the Sen- (5) Individuals with food allergies who also HELLER) was added as a cosponsor of have asthma may be at increased risk for se- ator from Missouri (Mr. BLUNT) were amendment No. 982 intended to be pro- vere or fatal food allergy reactions. added as cosponsors of S. 1871, a bill to posed to H.R. 2354, a bill making appro- (6) Studies have shown that 25 percent of prohibit commodities and securities priations for energy and water develop- epinephrine administrations in schools in- trading based on nonpublic information ment and related agencies for the fiscal volve individuals with a previously unknown relating to Congress, to require addi- year ending September 30, 2012, and for allergy. tional reporting by Members and em- other purposes. (7) The National Institute of Allergy and Infectious Diseases (‘‘NIAID’’) has reported ployees of Congress of securities trans- AMENDMENT NO. 1010 actions, and for other purposes. that delays in the administration of epineph- At the request of Mr. MENENDEZ, the rine to patients in anaphylaxis can result in S. 1872 name of the Senator from Nevada (Mr. rapid decline and death. NIAID recommends At the request of Mr. CASEY, the HELLER) was added as a cosponsor of that epinephrine be given promptly to treat names of the Senator from New York amendment No. 1010 intended to be pro- anaphylaxis. (Mrs. GILLIBRAND), the Senator from posed to H.R. 2354, a bill making appro- (8) Physicians can provide standing orders Missouri (Mr. BLUNT), the Senator from priations for energy and water develop- to furnish a school with epinephrine for in- Massachusetts (Mr. BROWN) and the ment and related agencies for the fiscal jection, and several States have passed laws Senator from Rhode Island (Mr. year ending September 30, 2012, and for to authorize this practice. (9) The American Academy of Allergy, WHITEHOUSE) were added as cosponsors other purposes. Asthma, and Immunology recommends that of S. 1872, a bill to amend the Internal AMENDMENT NO. 1039 epinephrine injectors should be included in Revenue Code of 1986 to provide for the At the request of Ms. STABENOW, the all emergency medical treatment kits in tax treatment of ABLE accounts estab- name of the Senator from Minnesota schools. lished under State programs for the (Ms. KLOBUCHAR) was added as a co- (10) The American Academy of Pediatrics care of family members with disabil- sponsor of amendment No. 1039 in- recommends that an anaphylaxis kit should ities, and for other purposes. tended to be proposed to H.R. 2354, a be kept with medications in each school and made available to trained staff for adminis- S. 1876 bill making appropriations for energy and water development and related tration in an emergency. At the request of Ms. MIKULSKI, the (11) According to the Food Allergy and An- name of the Senator from Vermont agencies for the fiscal year ending Sep- aphylaxis Network, there are no contra- (Mr. SANDERS) was added as a cospon- tember 30, 2012, and for other purposes. indications to the use of epinephrine for a sor of S. 1876, a bill to require the es- AMENDMENT NO. 1049 life-threatening reaction. tablishment of a Consumer Price Index At the request of Mr. BAUCUS, the SEC. 3. PREFERENCE FOR STATES REGARDING for Elderly Consumers to compute names of the Senator from Michigan ADMINISTRATION OF EPINEPHRINE cost-of-living increases for Social Secu- (Ms. STABENOW) and the Senator from BY SCHOOL PERSONNEL. Minnesota (Ms. KLOBUCHAR) were added Section 399L of the Public Health Service rity benefits under title II of the Social Act (42 U.S.C. 280g(d)) is amended— Security Act. as cosponsors of amendment No. 1049 intended to be proposed to H.R. 2354, a (1) in subsection (a), by redesignating the At the request of Mr. BROWN of Ohio, second paragraph (2) and paragraph (3) as the name of the Senator from Alaska bill making appropriations for energy paragraphs (3) and (4), respectively; and (Mr. BEGICH) was added as a cosponsor and water development and related (2) by striking subsection (d) and inserting of S. 1876, supra. agencies for the fiscal year ending Sep- the following: tember 30, 2012, and for other purposes. ‘‘(d) PREFERENCE FOR STATES REGARDING S. 1882 MEDICATION TO TREAT ASTHMA AND ANAPHY- INGAMAN f At the request of Mr. B , the LAXIS.— name of the Senator from Vermont STATEMENTS ON INTRODUCED ‘‘(1) PREFERENCE.—The Secretary, in mak- (Mr. SANDERS) was added as a cospon- BILLS AND JOINT RESOLUTIONS ing any grant under this section or any other sor of S. 1882, a bill to amend the Fed- By Mr. DURBIN (for himself and grant that is asthma-related (as determined by the Secretary) to a State, shall give pref- eral Food, Drug, and Cosmetic Act to Mr. KIRK): ensure that valid generic drugs may S. 1884. A bill to provide States with erence to any State that satisfies each of the enter the market. following requirements: incentives to require elementary ‘‘(A) SELF-ADMINISTRATION OF MEDICA- S. RES. 320 schools and secondary schools to main- TION.— At the request of Ms. SNOWE, the tain, and permit school personnel to ‘‘(i) IN GENERAL.—The State shall require name of the Senator from Texas (Mrs. administer, epinephrine at schools; to that each public elementary school and sec- HUTCHISON) was added as a cosponsor of the Committee on Health, Education, ondary school in that State will grant to any S. Res. 320, a resolution designating Labor, and Pensions. student in the school an authorization for November 26, 2011, as ‘‘Small Business Mr. DURBIN. Mr. President, I ask the self-administration of medication to Saturday’’ and supporting efforts to in- unanimous consent that the text of the treat that student’s asthma or anaphylaxis, if— crease awareness of the value of locally bill be printed in the RECORD. There being no objection, the text of ‘‘(I) a health care practitioner prescribed owned small businesses. the medication for use by the student during the bill was ordered to be printed in S. RES. 331 school hours and instructed the student in the RECORD, as follows: At the request of Mr. KIRK, the the correct and responsible use of the medi- names of the Senator from New Hamp- S. 1884 cation; Be it enacted by the Senate and House of Rep- ‘‘(II) the student has demonstrated to the shire (Mrs. SHAHEEN), the Senator from resentatives of the United States of America in health care practitioner (or such practi- Delaware (Mr. COONS) and the Senator Congress assembled, tioner’s designee) and the school nurse (if from Florida (Mr. NELSON) were added SECTION 1. SHORT TITLE. available) the skill level necessary to use the as cosponsors of S. Res. 331, a resolu- This Act may be cited as the ‘‘School Ac- medication and any device that is necessary tion expressing the sense of the Senate cess to Emergency Epinephrine Act’’. to administer such medication as prescribed;

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7705 ‘‘(III) the health care practitioner formu- ‘‘(C) The term ‘medication’ means a drug drug offenses, and direct the United lates a written treatment plan for managing as that term is defined in section 201 of the States Sentencing Commission to con- asthma or anaphylaxis episodes of the stu- Federal Food, Drug, and Cosmetic Act and sider amending its guidelines and pol- dent and for medication use by the student includes inhaled bronchodilators and epi- icy statements to reflect the serious during school hours; and nephrine. ‘‘(IV) the student’s parent or guardian has ‘‘(D) The term ‘self-administration’ means nature of these crimes. completed and submitted to the school any a student’s discretionary use of his or her This legislation will protect the safe- written documentation required by the prescribed asthma or anaphylaxis medica- ty of American consumers, and the in- school, including the treatment plan formu- tion, pursuant to a prescription or written vestment that American pharma- lated under subclause (III) and other docu- direction from a health care practitioner. ceutical companies make in developing ments related to liability. ‘‘(E) The term ‘authorized personnel’ the quality medicines that lead to rep- ‘‘(ii) SCOPE.—An authorization granted means the school nurse or, if the school utable brands. Ensuring patient safety under clause (i) shall allow the student in- nurse is absent, an individual who has been and combating intellectual property volved to possess and use the student’s medi- designated by the school nurse and has re- ceived training in the administration of epi- theft are not uniquely Democratic or cation— Republican priorities, these are bipar- ‘‘(I) while in school; nephrine.’’. ‘‘(II) while at a school-sponsored activity, tisan priorities, and I hope that we can such as a sporting event; and By Mr. LEAHY (for himself, Mr. quickly take up and consider this much ‘‘(III) in transit to or from school or GRASSLEY, Mr. BENNET, and Mr. needed legislation. school-sponsored activities. BLUMENTHAL): We should not expect that enactment ‘‘(iii) DURATION OF AUTHORIZATION.—An au- S. 1886. A bill to prevent trafficking of this or any legislation will com- thorization granted under clause (i)— in counterfeit drugs; to the Committee pletely deter this serious problem. But ‘‘(I) shall be effective only for the same on the Judiciary. this bill is an important step towards school and school year for which it is grant- Mr. LEAHY. Mr. President, few countering a problem that harms ed; and things are more important to consumer ‘‘(II) must be renewed by the parent or American consumers, American busi- guardian each subsequent school year in ac- well being than ensuring the safety of nesses, and American jobs. cordance with this subsection. our pharmaceutical supply chain. Yet I thank Senator GRASSLEY and Sen- ‘‘(iv) BACKUP MEDICATION.—The State shall today, the penalties for counterfeit ator BENNET for working with me on require that backup medication, if provided drug offenses are outdated and insuffi- this legislation, and I look forward to by a student’s parent or guardian, be kept at cient to deter this epidemic problem. working with all Senators to pass this a student’s school in a location to which the As a result, counterfeit medicines re- important, bipartisan legislation. student has prompt access in the event of an portedly lead to 100,000 deaths globally Mr. President, I ask unanimous con- asthma or anaphylaxis emergency. each year, with upwards of 90 percent sent that the text of the bill be printed ‘‘(v) MAINTENANCE OF INFORMATION.—The State shall require that information de- of drug sales estimated to be counter- in the RECORD. scribed in clauses (i)(III) and (i)(IV) be kept feit. There being no objection, the text of on file at the student’s school in a location Similarly, few things are more im- the bill was ordered to be printed in easily accessible in the event of an asthma portant to the American economy and the RECORD, as follows: or anaphylaxis emergency. long-term job creation than protecting S. 1886 ‘‘(vi) RULE OF CONSTRUCTION.—Nothing in our companies’ intellectual property. Be it enacted by the Senate and House of Rep- this subparagraph creates a cause of action Yet businesses manufacturing and sell- resentatives of the United States of America in or in any other way increases or diminishes ing counterfeit drugs reportedly gen- Congress assembled, the liability of any person under any other erate more than $75 billion in annual law. SECTION 1. SHORT TITLE. revenue. This means lost profits for This Act may be cited as the ‘‘Counterfeit ‘‘(B) SCHOOL PERSONNEL ADMINISTRATION OF Drug Penalty Enhancement Act of 2011’’. EPINEPHRINE.— American businesses and lost jobs for ‘‘(i) IN GENERAL.—The State shall require American workers. Such staggering SEC. 2. COUNTERFEIT DRUG PREVENTION. that each public elementary school and sec- numbers would be unacceptable in any Section 2320(a) of title 18, United States ondary school in the State— economic climate, and they are dev- Code, is amended— ‘‘(I) permit authorized personnel to admin- astating today. (1) by redesignating paragraph (2) as para- ister epinephrine to any student believed in Combating the sale of counterfeit graph (3); good faith to be having an anaphylactic reac- (2) by inserting after paragraph (1) the fol- drugs is increasingly difficult. Whether lowing: tion; and it is the prevalence of Internet phar- ‘‘(II) maintain in a secure and easily acces- ‘‘(2) COUNTERFEIT DRUGS.— sible location a supply of epinephrine that— macies, or the new and sophisticated ‘‘(A) IN GENERAL.—Whoever commits an of- ‘‘(aa) are prescribed under a standing pro- methods of manufacturing, packaging fense in violation of paragraph (1) with re- tocol from a licensed physician; and and distributing counterfeit drugs, the spect to a drug (as defined in section 201 of ‘‘(bb) are accessible to authorized per- obstacles to safeguarding the pharma- the Federal Food, Drug, and Cosmetic Act sonnel for administration to a student hav- ceutical supply chain in today’s econ- (21 U.S.C. 321)) shall— ing an anaphylactic reaction. omy are many. As a result, large coun- ‘‘(i) if an individual, be fined not more than ‘‘(ii) LIABILITY AND STATE LAW.— $4,000,000, imprisoned not more than 20 years, terfeit drug enterprises are being fund- or both; and ‘‘(I) GOOD SAMARITAN LAW.—The State shall ed on the backs of consumers, both in have a State law ensuring that elementary ‘‘(ii) if a person other than an individual, school and secondary school employees and Vermont and around the country, be fined not more than $10,000,000. agents, including a physician providing a whose health and safety are at stake. ‘‘(B) MULTIPLE OFFENSES.—In the case of prescription for school epinephrine, will Under current law, it is illegal to in- an offense by a person under this paragraph incur no liability related to the administra- troduce counterfeit drugs into inter- that occurs after that person is convicted of tion of epinephrine to any student believed state commerce, but the penalties are another offense under this paragraph, the in good faith to be having an anaphylactic no different than those assessed for person convicted— reaction, except in the case of willful or wan- trafficking other counterfeit products, ‘‘(i) if an individual, shall be fined not more than $8,000,000, imprisoned not more ton conduct. such as handbags or sneakers. While ‘‘(II) STATE LAW.—Nothing in this subpara- than 20 years, or both; and graph shall be construed to preempt State the manufacture and sale of any coun- ‘‘(ii) if other than an individual, shall be law, including any State law regarding terfeit product is a serious crime, coun- fined not more than $20,000,000.’’; and whether students with allergy or asthma terfeit medication poses a grave danger (3) in paragraph (3)(B), as redesignated, by may possess and self-administer medication. to public health that warrants a harsh- striking ‘‘paragraph (1)’’ and inserting ‘‘(2) DEFINITIONS.—For purposes of this sub- er punishment. Legislation is needed to ‘‘paragraph (1) or (2)’’. section: raise counterfeit drug penalties to a SEC. 3. SENTENCING COMMISSION DIRECTIVE. ‘‘(A) The terms ‘elementary school’ and level commensurate with the severity (a) DIRECTIVE TO SENTENCING COMMISSION.— ‘secondary school’ have the meaning given to of the offense in order to deter an epi- Pursuant to its authority under section those terms in section 9101 of the Elemen- 994(p) of title 28, United States Code, and in tary and Secondary Education Act of 1965. demic problem. accordance with this section, the United ‘‘(B) The term ‘health care practitioner’ Today, I am introducing the bipar- States Sentencing Commission shall review means a person authorized under law to pre- tisan Counterfeit Drug Penalty En- and amend, if appropriate, its guidelines and scribe drugs subject to section 503(b) of the hancement Act, which will raise the its policy statements applicable to persons Federal Food, Drug, and Cosmetic Act. maximum penalties for counterfeit convicted of an offense under section

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7706 CONGRESSIONAL RECORD — SENATE November 17, 2011 2320(a)(2) of title 18, United States Code, in It is about the mother of five in Flor- National Alliance to End Sexual Vio- order to reflect the intent of Congress that ida who received a termination notice lence explains, too many victims be- such penalties be increased in comparison to after her ex-husband broke down her come homeless as a result of sexual as- those currently provided by the guidelines and policy statements. door and assaulted her. It is about the sault, and, once homeless, they are fur- (b) REQUIREMENTS.—In carrying out this 83-year-old woman in Minnesota who ther to sexual victimization. My bill section, the Commission shall— was threatened with eviction from her recognizes that victims of sexual as- (1) ensure that the sentencing guidelines Section 202 housing unit because of dis- sault require safe housing just as do and policy statements reflect the intent of turbances caused by her abuser. victims of domestic violence, dating vi- Congress that the guidelines and policy Though the link between homeless- olence, and stalking—groups that al- statements reflect the serious nature of the ness and domestic and sexual violence ready are covered by existing law. offenses described in subsection (a) and the is undeniable, it is not unbreakable. need for an effective deterrent and appro- My bill also takes an important new priate punishment to prevent such offenses; Advocates across the country work step toward ensuring that victims of (2) consider the extent to which the guide- tirelessly to ensure that victims of do- domestic and sexual violence do not lines may or may not appropriately account mestic and sexual violence have the end up on the streets. It requires man- for the potential and actual harm to the pub- shelter and support they need. Local agers of federally supported housing lic resulting from the offense; law enforcement officials and prosecu- units to adopt emergency transfer poli- (3) assure reasonable consistency with tors are dedicated to ending the cycle cies for women who would be in immi- other relevant directives and with other sen- of abuse and homelessness. Property nent danger were they to stay in their tencing guidelines; owners, too, often work with victims, (4) account for any additional aggravating current homes. Under these policies, a or mitigating circumstances that might jus- advocates, and local authorities to find victim of domestic or sexual violence tify exceptions to the generally applicable solutions to the problem. could move to safe, federally subsidized sentencing ranges; Here in Congress, we have made ef- housing unit instead of staying in (5) make any necessary conforming forts to break the link between domes- harm’s way. changes to the sentencing guidelines; and tic and sexual violence and homeless- I am proud to introduce this legisla- (6) assure that the guidelines adequately ness as well. The 2005 Violence Against tion with Senator COLLINS and Senator meet the purposes of sentencing as set forth Women Act included important protec- MIKULSKI, both of whom are true cham- in section 3553(a)(2) of title 18, United States tions that made it unlawful to deny Code. pions of women’s rights. Both are advo- someone housing assistance under cer- cates for victims of domestic and sex- By Mr. FRANKEN (for himself, tain federal prorams just because the ual vio1ence. In 2005, both cosponsored Ms. COLLINS, and Ms. MIKUL- individual is a victim of domestic vio- the Violenc Against Women Act reau- SKI): lence, dating violence, or stalking. thorization bill. They were leaders in S. 1892. A bill to protect the housing From conversations with experts in this area then, and they have stepped rights of victims of domestic violence, Minnesota, I know that those protec- forward to lead again today. I thank dating violence, sexual assault, and tions have been invaluable. them for their help. The Violence Against Women Act is stalking, and for other purposes; to the The Housing Rights for Victims of now up for reauthorization. That occa- Committee on Banking, Housing, and Domestic and Sexual Violence Act is sion provides us an opportunity to Urban Affairs. preventive, proven, and precedented. build on the successes of the 2005 bill Mr. FRANKEN. Mr. President, no- It is preventive because it will keep and to address its shortcomings. That body should have to choose between women and children in their homes at is why today I have introduced the safety and shelter. Yet 48 percent of a time when they are vulnerable—when homeless women in Minnesota pre- Housing Rights for Victims of Domes- they need a roof over their heads the viously had stayed in abusive situa- tic and Sexual Violence Act. This bill most. It is no secret that shelters and tions because they did not have safe is for every woman who has hesitated transitional housing programs are housing options available to them. to call the police to enforce a protec- overextended. This legislation address- Twenty-nine percent of homeless adult tive order because she was afraid that es a victim’s housing needs before she women in my State are fleeing domes- she would be evicted if she did so. The becomes homeless and requires those tic violence, and more than half of bill rests on the simple premise that a services. those women are living with children. woman should not lose her home just That simply is not acceptable. because she is a victim of domestic or The protections contained in the bill This problem is not unique to Min- sexual violence. are proven. Advocacy groups from Min- nesota. Far from it. National studies The Violence Against Women Act nesota and throughout the country— establish an undeniable link between currently protects tenants of only two the people most familiar with the prob- homelessness and domestic and sexual federal housing programs—those pro- lem—have weighed in on this bill. It al- violence. By one account, two in five vided under Sections 6 and 8 of the U.S. ready has been endorsed by 23 organiza- women who experience domestic vio- Housing Act of 1937. These protections tions, including the National Network lence will become homeless at some were an important first step. But we to End Domestic Violence, the Na- point in their lives. can do better. A woman’s rights should tional Alliance to End Sexual Violence, Not surprisingly, once a woman be- not depend on the type of housing as- the National Women’s Law Center, the comes homeless, she becomes vulner- sistance she receives. National Housing Law Project, and the able to further violence and exploi- So my bill extends VAWA’s housing National Low Income Housing Coali- tation. In fact, nine in ten homeless protections to the Low Income Housing tion. women have experienced severe phys- Tax Credit program, the Rural Housing The bill is unprecedented, too. We are ical or sexual abuse. During a hearing Services program, the Housing Oppor- not reinventing the wheel here. The last week, the Executive Director of tunities for Persons with AIDS pro- bill builds upon housing protections the Minnesota Indian Women’s Re- gram, the Section 811 Supportive Hous- that were incduded in the 2005 VAWA source Center explained that perpetra- ing Program for persons with disabil- reauthorization bill, which passed the tors of sexual violence often prey on ities, and five additional Federal hous- Senate with unanimous consent and homeless women. ing programs. The Congressional Re- was signed into law by President Of course, we all know that this prob- search Service estimates that the bill George W. Bush. Though many say the lem is not about statistics. It is about will cover more than 4 million housing political climate here in Washington the real people with real stories who units that are not included in existing has changed for the worse in the years are behind the numbers. It is about the law. since then, I am hopeful that the goals woman in California who was evicted In addition, current law fails to se- underlying VAWA once again will tran- for ‘‘causing a nuisance’’ after the po- cure housing rights for victims of sex- scend partisanship. lice responded to an incident of domes- ual assault. My bill fixes that problem. We have worked together to address tic violence in her Low Income Housing It makes it unlawful to deny a woman the unique housing needs facing domes- Tax Credit unit—where she was the federally assisted housing just because tic and sexual violence victims in the victim. she is a victim of sexual assault. As the past. We need to do so again today.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7707 There being no objection, the text of ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TER- lence, dating violence, sexual assault, or the bill was ordered to be printed in MINATION OF ASSISTANCE OR EVICTION.— stalking; or the RECORD, as follows: ‘‘(1) IN GENERAL.—An applicant for or ten- ‘‘(II) the distribution or possession of prop- erty among members of a household in a S. 1892 ant of housing assisted under a covered hous- ing program may not be denied admission to, case; Be it enacted by the Senate and House of Rep- denied assistance under, terminated from ‘‘(ii) to limit any otherwise available au- resentatives of the United States of America in participation in, or evicted from the housing thority of an owner or manager of housing Congress assembled, on the basis that the applicant or tenant is assisted under a covered housing program to SECTION 1. SHORT TITLE. or has been a victim of domestic violence, evict or terminate assistance to a tenant for This Act may be cited as the ‘‘Housing dating violence, sexual assault, or stalking, any violation of a lease not premised on the Rights for Victims of Domestic and Sexual if the applicant or tenant otherwise qualifies act of violence in question against the ten- Violence Act of 2011’’. for admission, assistance, participation, or ant or an immediate family member of the SEC. 2. DENIAL OR TERMINATION OF ASSIST- occupancy. tenant, if the owner or manager does not ANCE AND EVICTION PROTECTIONS. ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in- subject an individual who is or has been a (a) AMENDMENT.—Subtitle N of the Vio- cident of actual or threatened domestic vio- victim of domestic violence, dating violence, lence Against Women Act of 1994 (42 U.S.C. lence, dating violence, sexual assault, or or stalking to a more demanding standard 14043e et seq.) is amended— stalking shall not be construed as— than other tenants in determining whether (1) by inserting after the subtitle heading ‘‘(A) a serious or repeated violation of a to evict or terminate; the following: lease for housing assisted under a covered ‘‘(iii) to limit the authority to terminate ‘‘CHAPTER 1—GRANT PROGRAMS’’; housing program by the victim or threatened assistance to a tenant or evict a tenant from (2) in section 41402 (42 U.S.C. 14043e–1), in victim of such incident; or housing assisted under a covered housing the matter preceding paragraph (1), by strik- ‘‘(B) good cause for terminating the assist- program if the owner or manager of the ing ‘‘subtitle’’ and inserting ‘‘chapter’’; ance, tenancy, or occupancy rights to hous- housing can demonstrate that an actual and (3) in section 41403 (42 U.S.C. 14043e–2), in ing assisted under a covered housing pro- imminent threat to other tenants or individ- the matter preceding paragraph (1), by strik- gram of the victim or threatened victim of uals employed at or providing service to the ing ‘‘subtitle’’ and inserting ‘‘chapter’’; and such incident. property would be present if the assistance is (4) by adding at the end the following: ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL not terminated or the tenant is not evicted; ‘‘CHAPTER 2—HOUSING RIGHTS ACTIVITY.— or ‘‘SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND ‘‘(iv) to supersede any provision of any DOMESTIC VIOLENCE, DATING VIO- OCCUPANCY RIGHTS PROHIBITED.—No person Federal, State, or local law that provides LENCE, SEXUAL ASSAULT, AND may deny assistance, tenancy, or occupancy greater protection than this section for vic- STALKING. rights to housing assisted under a covered tims of domestic violence, dating violence, ‘‘(a) DEFINITIONS.—In this chapter: housing program to a tenant solely on the sexual assault, or stalking. ‘‘(1) APPROPRIATE AGENCY.—The term ‘ap- basis of criminal activity directly relating to ‘‘(c) DOCUMENTATION.— propriate agency’ means, with respect to a domestic violence, dating violence, sexual ‘‘(1) REQUEST FOR DOCUMENTATION.—If an covered housing program, the Executive de- assault, or stalking that is engaged in by a partment (as defined in section 101 of title 5, member of the household of the tenant or applicant for or tenant of housing assisted United States Code) that carries out the cov- any guest or other person under the control under a covered housing program represents ered housing program. of the tenant, if the tenant or an immediate to the owner or manager of the housing that the individual is entitled to protection under ‘‘(2) COVERED HOUSING PROGRAM.—The term family member of the tenant is the victim or ‘covered housing program’ means— threatened victim of such domestic violence, subsection (b), the owner or manager may re- ‘‘(A) the program under section 202 of the dating violence, sexual assault, or stalking. quest, in writing, that the tenant submit to Housing Act of 1959 (12 U.S.C. 1701q); ‘‘(B) BIFURCATION.— the owner or manager a form of documenta- ‘‘(B) the program under section 811 of the ‘‘(i) IN GENERAL.—Notwithstanding sub- tion described in paragraph (3). Cranston-Gonzalez National Affordable paragraph (A), an owner or manager of hous- ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.—If Housing Act (42 U.S.C. 8013); ing assisted under a covered housing pro- a tenant does not provide the documentation ‘‘(C) the program under subtitle D of title gram may bifurcate a lease for the housing requested under paragraph (1) within 14 busi- VIII of the Cranston-Gonzalez National Af- in order to evict, remove, or terminate as- ness days after the tenant receives a request fordable Housing Act (42 U.S.C. 12901 et seq.); sistance to any individual who is a tenant or in writing for such certification from the ‘‘(D) the program under subtitle A of title lawful occupant of the housing and who en- owner or manager of the housing, nothing in IV of the McKinney-Vento Homeless Assist- gages in criminal activity directly relating this chapter may be construed to limit the ance Act (42 U.S.C. 11360 et seq.); to domestic violence, dating violence, sexual authority of the owner or manager to evict ‘‘(E) the program under subtitle A of title assault, or stalking against an immediate any tenant or lawful occupant that commits II of the Cranston-Gonzalez National Afford- family member or other individual, without violations of a lease. The owner or manager able Housing Act (42 U.S.C. 12741 et seq.); evicting, removing, terminating assistance of the housing may extend the 14-day dead- ‘‘(F) the program under paragraph (3) of to, or otherwise penalizing a victim of such line at its discretion. section 221(d) of the National Housing Act (12 criminal activity who is also a tenant or ‘‘(3) FORM OF DOCUMENTATION.—A form of U.S.C. 1715l(d)) that bears interest at a rate lawful occupant of the housing. documentation described in this paragraph determined under the proviso under para- ‘‘(ii) EFFECT OF EVICTION ON OTHER TEN- is— graph (5) of such section 221(d); ANTS.—If an owner or manager of housing as- ‘‘(A) a certification form approved by the ‘‘(G) the program under section 236 of the sisted under a covered housing program appropriate agency that— National Housing Act (12 U.S.C. 1715z–1); evicts, removes, or terminates assistance to ‘‘(i) states that an applicant or tenant is a ‘‘(H) the programs under sections 8 and 9 of an individual under clause (i), and the indi- victim of domestic violence, dating violence, the United States Housing Act of 1937 (42 vidual is the sole tenant eligible to receive sexual assault, or stalking; U.S.C. 1437f and 1437g); assistance under a covered housing program, ‘‘(ii) states that the incident of domestic ‘‘(I) rural housing assistance provided the owner or manager of housing assisted violence, dating violence, sexual assault, or under sections 514, 515, 516, 533, and 538 of the under the covered housing program shall stalking that is the ground for protection Housing Act of 1949 (42 U.S.C. 1484, 1485, 1486, provide any remaining tenant an oppor- under subsection (b) meets the requirements 1490m, and 1490p–2); and tunity to establish eligibility for the covered under subsection (b); and ‘‘(J) the low income housing tax credit pro- housing program. If a tenant described in the ‘‘(iii) at the option of the applicant or ten- gram under section 42 of the Internal Rev- preceding sentence cannot establish eligi- ant, includes the name of the individual who enue Code of 1986. bility, the owner or manager of the housing committed the domestic violence, dating vi- ‘‘(3) IMMEDIATE FAMILY MEMBER.—The term shall provide the tenant a reasonable time, olence, sexual assault, or stalking; ‘immediate family member’ means, with re- as determined by the appropriate agency, to ‘‘(B) a document that— spect to an individual— find new housing or to establish eligibility ‘‘(i) is signed by— ‘‘(A) a spouse, parent, brother, sister, or for housing under another covered housing ‘‘(I) an employee, agent, or volunteer of a child of that individual, or an individual to program. victim service provider, an attorney, a med- whom such individual stands in loco ‘‘(C) RULE OF CONSTRUCTION.—Nothing in ical professional, or a mental health profes- parentis; subparagraph (A) shall be construed— sional from whom an applicant or tenant has ‘‘(B) any individual living in the household ‘‘(i) to limit the authority of an owner or sought assistance relating to domestic vio- of such individual who is related to such in- manager of housing assisted under a covered lence, dating violence, sexual assault, or dividual by blood or marriage; or housing program, when notified of a court stalking, or the effects of the abuse; and ‘‘(C) any individual living in the household order, to comply with a court order with re- ‘‘(II) the applicant or tenant; and of such individual who is related to such in- spect to— ‘‘(ii) states under penalty of perjury that dividual by affinity whose close association ‘‘(I) the rights of access to or control of the individual described in clause (i)(I) be- or intimate relationship with such individual property, including civil protection orders lieves that the incident of domestic violence, is the equivalent of a family relationship. issued to protect a victim of domestic vio- dating violence, sexual assault, or stalking

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7708 CONGRESSIONAL RECORD — SENATE November 17, 2011 that is the ground for protection under sub- available and safe dwelling unit assisted (iii) by striking paragraphs (8), (9), (10), and section (b) meets the requirements under under a covered housing program if— (11); subsection (b); ‘‘(A) the tenant expressly requests the (D) in subsection (o)— ‘‘(C) a record of a Federal, State, tribal, transfer; and (i) in paragraph (6)(B), by striking the last territorial, or local law enforcement agency, ‘‘(B)(i) the tenant reasonably believes that sentence; court, or administrative agency; or the tenant is threatened with imminent (ii) in paragraph (7)— ‘‘(D) at the discretion of an owner or man- harm from further violence if the tenant re- (I) in subparagraph (C), by striking ‘‘and ager of housing assisted under a covered mains within the same dwelling unit assisted that an incident or incidents of actual or housing program, a statement or other evi- under a covered housing program; or threatened domestic violence, dating vio- dence provided by an applicant or tenant. ‘‘(ii) in the case of a tenant who is a victim lence, or stalking shall not be construed as a ‘‘(4) CONFIDENTIALITY.—Any information of sexual assault, the sexual assault occurred serious or repeated violation of the lease by submitted to an owner or manager under on the premises during the 90 day period pre- the victim or threatened victim of that vio- this subsection, including the fact that an ceding the request for transfer; and lence and shall not be good cause for termi- individual is a victim of domestic violence, ‘‘(2) incorporates reasonable confiden- nating the tenancy or occupancy rights of dating violence, sexual assault, or stalking tiality measures to ensure that the owner or the victim of such violence’’; and shall be maintained in confidence by the manager does not disclose the location of the (II) in subparagraph (D), by striking ‘‘; ex- owner or manager and may not be entered dwelling unit of a tenant to a person that cept that’’ and all that follows through into any shared database or disclosed to any commits an act of domestic violence, dating ‘‘stalking.’’; and other entity or individual, except to the ex- violence, sexual assault, or stalking against (iii) by striking paragraph (20); tent that the disclosure is— the tenant. (E) by striking subsection (ee). ‘‘(A) requested or consented to by the indi- ‘‘(f) POLICIES AND PROCEDURES FOR EMER- (3) RULE OF CONSTRUCTION.—Nothing in this vidual in writing; GENCY TRANSFER.—The Secretary of Housing Act, or the amendments made by this Act, ‘‘(B) required for use in an eviction pro- and Urban Development shall establish poli- shall be construed— ceeding under subsection (b); or cies and procedures under which a victim re- (A) to limit the rights or remedies avail- ‘‘(C) otherwise required by applicable law. questing an emergency transfer under sub- able to any person under section 6 or 8 of the section (e) may receive, subject to the avail- ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth- United States Housing Act of 1937 (42 U.S.C. ing in this subsection shall be construed to ability of tenant protection vouchers, assist- 1437d and 1437f), as in effect on the day before require an owner or manager of housing as- ance under section 8(o) of the United States the date of enactment of this Act; or Housing Act of 1937 (42 U.S.C. 1437f(o)). sisted under a covered housing program to (B) to limit any right, remedy, or proce- ‘‘(g) IMPLEMENTATION.—The appropriate request that an individual submit docu- agency with respect to each covered housing dure otherwise available under any provision mentation of the status of the individual as program shall implement this section, as of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, a victim of domestic violence, dating vio- this section applies to the covered housing 966, 982, or 983 of title 24, Code of Federal lence, sexual assault, or stalking. program.’’. Regulations, that— ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON- (b) CONFORMING AMENDMENTS.— (i) was issued under the Violence Against STITUTE EVIDENCE OF UNREASONABLE ACT.— (1) SECTION 6.—Section 6 of the United Women and Department of Justice Reauthor- Compliance with subsection (b) by an owner States Housing Act of 1937 (42 U.S.C. 1437d) is ization Act of 2005 (Public Law 109–162; 119 or manager of housing assisted under a cov- amended— Stat. 2960) or an amendment made by that ered housing program based on documenta- (A) in subsection (c)— Act; and tion received under this subsection shall not (i) by striking paragraph (3); and (ii) provides greater protection for victims be sufficient to constitute evidence of an un- (ii) by redesignating paragraphs (4) and (5) of domestic violence, dating violence, sexual reasonable act or omission by the owner or as paragraphs (3) and (4), respectively; assault, and stalking than this Act. manager or an employee or agent of the (B) in subsection (l)— owner or manager. Nothing in this paragraph (i) in paragraph (5), by striking ‘‘, and that By Mr. REED: shall be construed to limit the liability of an an incident or incidents of actual or threat- S. 1893. A bill to amend titles 5, 10, owner or manager of housing assisted under ened domestic violence, dating violence, or and 32, United States Code, to elimi- a covered housing program for failure to stalking will not be construed as a serious or nate inequities in the treatment of Na- comply with subsection (b). repeated violation of the lease by the victim tional Guard technicians, to reduce the ‘‘(7) PREEMPTION.—Nothing in this sub- or threatened victim of that violence and eligibility age for retirement for non- section shall be construed to supersede any will not be good cause for terminating the Regular service, and for other pur- provision of any Federal, State, or local law tenancy or occupancy rights of the victim of poses; to the Committee on Armed that provides greater protection than this such violence’’; and subsection for victims of domestic violence, Services. (ii) in paragraph (6), by striking ‘‘; except Mr. REED. Mr. President, today I in- dating violence, sexual assault, or stalking. that’’ and all that follows through ‘‘stalk- ‘‘(d) NOTIFICATION.—Each owner or man- ing.’’; and troduce the National Guard Technician ager of housing assisted under a covered (C) by striking subsection (u). Equity Act to correct inconsistencies housing program shall provide to each appli- (2) SECTION 8.—Section 8 of the United in the dual-status technician program. cant for or tenant of such housing notice of States Housing Act of 1937 (42 U.S.C. 1437f) is Over 48,000 National Guard dual-sta- the rights of individuals under this section, amended— tus technicians serve our Nation. They including the right to confidentiality and (A) in subsection (c), by striking paragraph are a distinct group of workers, as ci- the limits thereof, together with the form (9); vilians, they work for the reserve com- described in subsection (c)(3)(A)— (B) in subsection (d)(1)— ponents, performing administrative du- ‘‘(1) at the time the individual applies to (i) in subparagraph (A), by striking ‘‘and ties, providing training, and maintain- live in a dwelling unit assisted under the that an applicant or participant is or has covered housing program; been a victim of domestic violence, dating ing and repairing equipment. However, ‘‘(2) at the time the individual is admitted violence, or stalking is not an appropriate as a condition of their civilian posi- to a dwelling unit assisted under the covered basis for denial of program assistance or for tion, they are also required to main- housing program; denial of admission if the applicant other- tain military status, attending week- ‘‘(3) with any notification of eviction or wise qualifies for assistance or admission’’; end drills and annual training, deploy- notification of termination of assistance; and ing to Iraq and Afghanistan, and re- ‘‘(4) in multiple languages, consistent with (ii) in subparagraph (B)— sponding to domestic disasters and guidance issued by the Secretary of Housing (I) in clause (ii), by striking ‘‘, and that an emergencies, thereby creating their and Urban Development in accordance with incident or incidents of actual or threatened Executive Order 13166 (42 U.S.C. 2000d–1 note; ‘‘dual-status.’’ domestic violence, dating violence, or stalk- Because of their unique position, relating to access to services for persons ing will not be construed as a serious or re- with limited English proficiency); and peated violation of the lease by the victim or dual-status technicians are caught be- ‘‘(5) by posting the notification in a public threatened victim of that violence and will tween the provisions that govern the area of such housing. not be good cause for terminating the ten- federal civilian workforce and the mili- ‘‘(e) EMERGENCY TRANSFERS.—Notwith- ancy or occupancy rights of the victim of tary in numerous ways. First, under standing any other provision of law, each such violence’’; and existing law, a dual-status technician owner or manager of housing assisted under (II) in clause (iii), by striking ‘‘, except who is no longer fit for military duty a covered program shall adopt an emergency that:’’ and all that follows through ‘‘stalk- must be fired from their technician po- transfer policy for tenants who are victims ing.’’; sition, even if they are still fully capa- of domestic violence, dating violence, sexual (C) in subsection (f)— assault, or stalking that— (i) in paragraph (6), by adding ‘‘and’’ at the ble of performing their civilian duties. ‘‘(1) allows tenants who are victims of do- end; This bill would give technicians the op- mestic violence, dating violence, sexual as- (ii) in paragraph (7), by striking the semi- tion of remaining in their civilian posi- sault, or stalking to transfer to another colon at the end and inserting a period; and tion if they have 20 years of service as

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7709 a dual-status technician. This way we ‘‘(1) the technician position occupied by (g) AVAILABILITY OF CERTAIN ENLISTMENT, will retain the experience and skills of the person has been designated by the Sec- REENLISTMENT, AND STUDENT LOAN BENEFITS these dedicated employees. retary concerned to be filled only by a non- FOR MILITARY TECHNICIANS.—Section 10216 of Second, dual-status technicians do dual status technician; or title 10, United States Code, is amended by ‘‘(2) the person occupying the technician adding at the end the following new sub- not have the same appeal rights as position has at least 20 years of creditable section: most other federal employees, includ- service as a military technician (dual sta- ‘‘(h) ELIGIBILITY FOR BONUSES AND OTHER ing those civilians in other Department tus).’’. BENEFITS.—(1) If an individual becomes em- of Defense positions. Federal employ- (b) EXCEPTION TO DUAL-STATUS EMPLOY- ployed as a military technician (dual status) ees who are covered by a collective bar- MENT CONDITION OF MEMBERSHIP IN SELECTED while the individual is already a member of gaining agreement have the right to RESERVE.—Section 10216 of title 10, United a reserve component, the Secretary con- States Code, is amended— cerned may not require the individual to file a grievance and proceed to arbitra- repay any enlistment, reenlistment, or affili- tion, or file a case with the Merit Sys- (1) in subsection (a)(1)(B), by inserting ‘‘subject to subsection (d),’’ before ‘‘is re- ation bonus provided to the individual in tems Protection Board, MSPB, a neu- quired’’; and connection with the individual’s enlistment tral Federal agency. Dual-status tech- (2) in subsection (d)(1), by striking ‘‘Unless or reenlistment before such employment. ‘‘(2) Even though an individual employed nicians may appeal to the Adjutant specifically exempted by law’’ and inserting as a military technician (dual status) is re- General in their state, but not to any ‘‘Except as provided in section 709(c)(2) of quired as a condition of that employment to title 32 or as otherwise specifically exempted neutral third party. This bill would maintain membership in the Selected Re- by law’’. allow them to also appeal to the MSPB serve, the individual shall not be precluded (c) CONTINUED COMPENSATION AFTER LOSS for grievances unrelated to their mili- from receiving an enlistment, reenlistment, OF MEMBERSHIP IN SELECTED RESERVE.—Sub- or affiliation bonus nor be denied the oppor- tary service. section (e) of section 10216 of title 10, United Third, most reserve component mem- tunity to participate in an educational loan States Code, is amended to read as follows: repayment program under chapter 1609 of bers are able to obtain health care cov- ‘‘(e) CONTINUED COMPENSATION AFTER LOSS this title as an additional incentive for the erage through the TRICARE Reserve OF MEMBERSHIP IN SELECTED RESERVE.— individual to accept and maintain such Funds appropriated for the Department of Select program. However, dual-status membership’’. technicians are ineligible, despite their Defense may continue to be used to provide (h) REPEAL OF PROHIBITION AGAINST OVER- mandatory military status and reserve compensation to a military technician who TIME PAY FOR NATIONAL GUARD TECHNI- service, because they can participate in was hired as a military technician (dual sta- CIANS.—Section 709(h) of title 32, United tus), but who is no longer a member of the States Code, is amended by striking the sec- the Federal Employees Health Benefit Selected Reserve.’’. Program, FEHBP. FEHBP plans can be ond sentence and inserting the following new (d) REPEAL OF PERMANENT LIMITATIONS ON sentence: ‘‘The Secretary concerned shall more expensive than TRICARE Reserve NUMBER OF NON-DUAL STATUS TECHNICIANS.— pay a technician for irregular or overtime Select, thereby adding costs and lim- Section 10217 of title 10, United States Code, work at a rate equal to one and one-half iting health care options for these is amended by striking subsection (c). times the rate of basic pay applicable to the Guard technicians. My legislation sim- (e) TECHNICIAN RESTRICTED RIGHT OF AP- technician, except that, at the request of the ply calls for the Department of Defense PEAL AND ADVERSE ACTIONS COVERED.— technician, the Secretary may grant the (1) RIGHTS OF GRIEVANCE, ARBITRATION, AP- to study the feasibility of converting technician, instead of such pay, an amount PEAL, AND REVIEW BEYOND AG.—Section 709 of of compensatory time off from the techni- the coverage for National Guard dual- title 32, United States Code, is amended— cian’s scheduled tour of duty equal to the status technicians from FEHBP to (A) in subsection (f)— amount of time spent in such irregular or TRICARE Reserve Select. (i) in the matter preceding paragraph (1), overtime work.’’. The National Guard Technician Eq- by striking ‘‘Notwithstanding any other pro- SEC. 3. TITLE 5, UNITED STATES CODE, AMEND- uity Act also corrects other inconsist- vision of law and under’’ and inserting MENTS REGARDING NATIONAL encies by providing greater civilian ‘‘Under’’; and GUARD TECHNICIANS AND RELATED PROVISIONS. and military retirement parity, pro- (ii) in paragraph (4), by striking ‘‘a right of appeal’’ and inserting ‘‘subject to subsection (a) LOWERING RETIREMENT AGE.— viding eligibility to retain certain (j), a right of appeal’’; and (1) AMENDMENT TO FERS.—Subsection (c) of military bonuses and benefits, and in- (B) by adding at the end the following new section 8414 of title 5, United States Code, is creasing leave time for required mili- subsection: amended to read as follows: tary training. ‘‘(j)(1) Notwithstanding subsection (f)(4) or ‘‘(c)(1) Under the circumstances described I urge my colleagues to support and any other provision of law, a technician and in paragraph (2), an employee who is sepa- rated from service as a military technician cosponsor the National Guard Techni- a labor organization that is the exclusive representative of a bargaining unit including (dual status) is entitled to an annuity if the cian Equity Act. I will also be working separation is by reason of either— to include provisions of this bill in the the technician shall have the rights of griev- ance, arbitration, appeal, and review extend- ‘‘(A) separating from the Selected Reserve; National Defense Authorization Act, ing beyond the adjutant general of the juris- or which the Senate has begun to con- diction concerned and to the Merit Systems ‘‘(B) ceasing to hold the military grade sider, and I hope my colleagues can Protection Board and thereafter to the specified by the Secretary concerned for the position involved. work together on this effort. United States Court of Appeals for the Fed- ‘‘(2) Except as provided in paragraph (3), Mr. President, I ask unanimous con- eral Circuit, in the same manner as provided paragraph (1) applies to a military techni- sent that this bill be printed in the in sections 4303, 7121, and 7701–7703 of title 5, cian (dual status) who is separated— RECORD. with respect to a performance-based or ad- ‘‘(A) after completing 25 years of service as There being no objection, the text of verse action imposing removal, suspension such a technician, or the bill was ordered to be printed in for more than 14 days, furlough for 30 days or ‘‘(B) after becoming 50 years of age and less, or reduction in pay or pay band (or completing 20 years of service as such a tech- the RECORD, as follows: comparable reduction). S. 1893 nician. ‘‘(2) This subsection does not apply to a ‘‘(3) Paragraph (1) does not apply if separa- Be it enacted by the Senate and House of Rep- technician who is serving under a temporary tion or removal is for cause on charges of resentatives of the United States of America in appointment or in a trial or probationary pe- misconduct or delinquency.’’. Congress assembled, riod.’’. (2) AMENDMENT TO CSRS.—Section 8336 of SECTION 1. SHORT TITLE. (2) ADVERSE ACTIONS COVERED.—Section title 5, United States Code, is amended by This Act may be cited as the ‘‘National 709(g) of title 32, United States Code, is adding at the end the following new sub- Guard Technician Equity Act’’. amended by striking ‘‘7511, and 7512’’. section: SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, (3) CONFORMING AMENDMENT.—Section ‘‘(q)(1) Under the circumstances described AMENDMENTS REGARDING NA- 7511(b) of title 5, United States Code, is in paragraph (2), an employee who is sepa- TIONAL GUARD TECHNICIANS AND amended— rated from service as a military technician RELATED PROVISIONS. (A) by striking paragraph (5); and (dual status) is entitled to an annuity if the (a) AUTHORITY TO EMPLOY TECHNICIAN AS (B) by redesignating paragraphs (6) separation is by reason of either— NON-DUAL STATUS TECHNICIAN AFTER 20 through (10) as paragraphs (5) through (9), re- ‘‘(A) separating from the Selected Reserve; YEARS OF CREDITABLE SERVICE.—Subsection spectively. or (c) of section 709 of title 32, United States (f) TECHNICIAN SENIORITY RIGHTS DURING ‘‘(B) ceasing to hold the military grade Code, is amended to read as follows: RIF.—Subsection (g) of section 709 of title 32, specified by the Secretary concerned for the ‘‘(c) A person shall have the right to be em- United States Code, as amended by sub- position involved. ployed under subsection (a) as a non-dual section (e)(2), is amended to read as follows: ‘‘(2) Except as provided in paragraph (3), status technician (as defined by section 10217 ‘‘(g) Section 2108 of title 5 does not apply paragraph (1) applies to a military techni- of title 10) if— to a person employed under this section.’’. cian (dual status) who is separated—

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7710 CONGRESSIONAL RECORD — SENATE November 17, 2011 ‘‘(A) after completing 25 years of service as S. 1894. A bill to deter terrorism, pro- But the Second Circuit threw out such a technician, or vide justice for victims, and for other this case, based on two flawed conclu- ‘‘(B) after becoming 50 years of age and purposes, to the Committee on the Ju- sions. First, the court ruled that the completing 20 years of service as such a tech- diciary. tort exception to the FSIA did not nician. Mr. SCHUMER. Mr. President, I rise ‘‘(3) Paragraph (1) does not apply if separa- apply, and barred their case because tion or removal is for cause on charges of today to introduce the Justice Against the Saudi entities and individuals were misconduct or delinquency.’’. Sponsors of Terrorism Act, or JASTA. not on the State Department’s list. (b) ADEQUATE LEAVE TIME FOR MILITARY JASTA is a bipartisan effort to make Second, the court ruled that there was ACTIVATIONS.—Section 6323(a)(1) of title 5, modest changes to the Foreign Sov- no personal jurisdiction over the United States Code, is amended by striking ereign Immunities Act, or FSIA, and Saudis because while they certainly the last sentence and inserting the following the Anti-Terrorism Act, or ATA, in could ‘‘foresee’’ that their support new sentence: ‘‘Leave under this subsection order to ensure that the victims of ter- would lead to terrorist acts, they did accrues for an employee or individual at the rorism in the United States can hold not ‘‘direct’’ the terrorist acts. There rate of 30 days per fiscal year and, to the ex- the foreign sponsors of that terrorism is another reason that I am intro- tent that such leave is not used by the em- to account in American courts. ployee or individual during the fiscal year ducing this bill. I am introducing this accrued, accumulates without limitation for I am especially proud to be intro- bill because we need to cut off the flow use in succeeding fiscal years.’’. ducing this measure with such a bipar- of money to terrorists by shutting (c) IMPROVED HEALTH CARE BENEFITS.— tisan and diverse group of Judiciary down the reservoir—not just turning (1) FEHBP CHANGES.—Subparagraph (B) of Committee colleagues: Myself and Sen- off the faucet. We need to use every section 8906(e)(3) of title 5, United States ator WHITEHOUSE on the Democratic tool at our disposal to hit terrorism at Code, is amended to read as follows: side, and Senators GRAHAM, HATCH, its very root, including the United ‘‘(B) An employee referred to in subpara- KYL, and CORNYN on the Republican States Federal courts. graph (A) is an employee who— side. You don’t have to take my word for ‘‘(i) is enrolled in a health benefits plan This legislation has become nec- it. This focus on terrorist financing under this chapter; essary due to flawed court decisions ‘‘(ii) is a member of a reserve component of channels has been a major national se- the Armed Forces; that have deprived the victims of ter- curity priority since the September 11 ‘‘(iii) is placed on leave without pay or sep- rorism on American soil, including attacks. As the Treasury Department’s arated from service to perform the active those injured by the terrorist attacks former Under Secretary for Terrorism duty or other duties described in clause (iv); of September 11, 2001, of their day in and Financial Intelligence has ob- and court. Unfortunately, and contrary to served, ‘‘the terrorist operative who is ‘‘(iv) is called or ordered to— the clear intent of Congress, some willing to strap on a suicide belt is not ‘‘(I) active duty in support of a contin- courts have concluded that Americans susceptible to deterrence, but the indi- gency operation (as defined in section who were injured due to terrorist at- vidual donor who wants to support vio- 101(a)(13) of title 10); ‘‘(II) active duty for a period of more than tacks in the United States have no re- lent jihad may well be,’’ Testimony of 30 consecutive days; course against the foreign states that Stuart Levey, Under Secretary for Ter- ‘‘(III) active duty under section 12406 of sponsor those attacks. This conclusion rorism and Financial Intelligence, be- title 10; is contrary to the plain language of the fore the Senate Committee on Finance, ‘‘(IV) perform training or other duties de- FSIA and ATA, and it is bad policy. April 1, 2008. scribed under paragraph (1) or (2) of section Let me explain the legal background. It should be clear that the public in- 502(f) of title 32; or Originally passed in 1976, the FSIA ab- terest is served when American citizens ‘‘(V) while not in Federal service, perform rogates the sovereign immunity of for- have the right to seek compensation duties related to an emergency declared by eign countries and permits suit against for their injuries and that this right the chief executive of a State, the District of them in Federal court when, among serves a dual purpose of deterring bad Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the other things, a foreign country or its conduct. Yet we are here today intro- United States.’’. instrumentalities commit a tort that ducing this bill, JASTA, because the (2) STUDY AND REPORT.— results in injury on our soil, this is courts have misconstrued our statutes. (A) IN GENERAL.—Within 6 months after the known as the ‘‘tort exception’’ to the Before closing, let me address one date of the enactment of this Act, the Sec- FSIA. In addition, the ATA authorizes concern I have heard that deserves a retary of Defense and the Director of the Of- suit in Federal court by any U.S. na- response. There are those who worry fice of Personnel Management shall jointly tional injured ‘‘by reason of an act of that restoring Americans’ right to conduct a study and submit to Congress a re- international terrorism’’ and permits bring these suits will interfere with our port— the recovery of damages in U.S. courts. foreign affairs. I simply do not think (i) evaluating the feasibility of converting Thus, taken together, the FSIA and that is the case. First of all, if Ameri- military technicians from FEHBP coverage to coverage provided under the TRICARE or ATA were designed to enable terrorism cans have been injured in the United TRICARE Reserve Select program (or both); victims to bring suit against foreign States by foreign terrorism, they have and states and terror sponsors when they the right to seek redress. But it is also (ii) identifying any problems associated support terrorism against the United important to remember that this law with the conversion of military technicians States. I am introducing this bill be- does not prevent the Executive Branch from FEHBP coverage to coverage provided cause I want the survivors of the 9/11 from espousing claims brought by under chapter 55 of title 10, United States tragedy to have their day in court—and Americans against foreign states and Code, during contingency operations. they were deprived of this by a court settling them through an executive (B) DEFINITIONS.—For purposes of this sub- ruling that contorted the language and agreement. This is an executive au- section— (i) the term ‘‘FEHBP coverage’’ means cov- purpose of the FSIA and the ATA. As thority that has been recognized and erage provided under chapter 89 of title 5, we all know, nearly 3,000 innocent vic- utilized going back to the administra- United States Code; and tims died that day, and the Nation suf- tion of George Washington, and noth- (ii) the term ‘‘contingency operation’’ has fered $10 billion in property and other ing in JASTA interferes with it. Noth- the meaning given that term in section commercial damage alone—all at the ing in this act would interfere with the 101(a)(13) of title 10, United States Code. hands of al-Qaeda and its funders. execution of our foreign policy. SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RE- In 2002, these plaintiffs sued, among To conclude, JASTA will restore the TIREMENT FOR NON-REGULAR other defendants, the Kingdom of rights of the victims of terrorism and SERVICE. Saudi Arabia, several Saudi officials, deter international terrorist financing, Section 12731(f) of title 10, United States Code, is amended by striking ‘‘60 years of and a purported charity under the con- and it will have the related benefit of age’’ both places it appears and inserting ‘‘55 trol of the Kingdom known as the enabling the victims of the September years of age’’. Saudi High Commission for Relief of 11 Attacks to proceed with their case, Bosnia and Herzegovina. Substantial as Congress had intended. It does so By Mr. SCHUMER (for himself, evidence establishes that these defend- without in any way threatening sen- Mr. WHITEHOUSE, Mr. GRAHAM, ants had provided funding and sponsor- sitive National security or diplomatic Mr. KYL, Mr. HATCH, and Mr. ship to al-Qaeda without which it could priorities of the nation. In fact, it CORNYN): not have carried out the attacks. makes the Nation stronger.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7711 I urge my colleagues to support these The Gettysburg Borough Council voted and more recently, it was designated a modest, but critical, amendments. in 2008 to transfer the station to the National Historic Landmark in 2009. National Park Service so that it could Being designated a unit of the National By Mr. CASEY: be used as a visitor center for tourists Park System will preserve the histor- S. 1897. A bill to amend Public Law coming to the Gettysburg area. ical significance of New Philadelphia 101–377 to revise the boundaries of the The Gettysburg National Military and allow its legacy to continue to in- Gettysburg National Military Park to Park Expansion Act would also expand spire current and future generations to include the Gettysburg Train Station, the boundary of the Gettysburg Na- understand the struggle for freedom and for other purposes, to the Com- tional Military Park to include 45 acres and opportunity. mittee on Energy and Natural Re- of land at the southern end of the bat- Mr. President, I ask unanimous con- sources. tlefield. This area is both historically sent that the text of the bill be printed Mr. CASEY. Mr. President, this Sat- and environmentally significant. It was in the RECORD. urday, November 19, marks the 148 An- where cavalry skirmishes during the There being no objection, the text of niversary of the Gettysburg Address. In Battle for Gettysburg occurred and is the bill was ordered to be printed in this address, President Abraham Lin- also home to wetlands and wildlife the RECORD, as follows: coln famously said, ‘‘The world will lit- habitat related to the Plum Run S. 1902 tle note nor long remember what we stream that runs through the National Be it enacted by the Senate and House of Rep- say here, but it can never forget what Park. The forty five acres were donated resentatives of the United States of America in they did here. It is for us the living in April of 2009 and as a result no fed- Congress assembled, rather to be dedicated here to the un- eral funding or land acquisition would SECTION 1. SHORT TITLE. finished work which they who fought be required to obtain the property and This Act may be cited as the ‘‘New Phila- here have thus far so nobly advanced. incorporate it into the National Park. delphia, Illinois, Study Act’’. It is rather for us to be here dedicated The Gettysburg National Military SEC. 2. FINDINGS. Congress finds that— to the great task remaining before us— Park Expansion Act would help pre- that from these honored dead we take (1) Frank McWorter, an enslaved man, serve different sites that are histori- bought his freedom and the freedom of 15 increased devotion to that cause for cally significant while protecting the family members by mining for crude niter in which they gave the last full measure environment. The Civil War was a mon- Kentucky caves and processing the mined of devotion—that we here highly re- umental moment in our Nation’s his- material into saltpeter; solve that these dead shall not have tory and because of this we must take (2) New Philadelphia, founded in 1836 by died in vain, that this nation under steps to preserve the area’s historical Frank McWorter, was the first town planned God shall have a new birth of freedom, sites. and legally registered by a free African- and that government of the people, by American before the Civil War; the people, for the people shall not per- By Mr. KIRK (for himself and Mr. (3) the first railroad constructed in the area of New Philadelphia bypassed New ish from the earth.’’ DURBIN): Philadelphia, which led to the decline of New In advance of this important historic S. 1902. A bill to authorize the Sec- Philadelphia; and occasion, I am introducing the Gettys- retary of the Interior to conduct a spe- (4) the New Philadelphia site— burg National Military Park Expansion cial resource study of the archeological (A) is a registered National Historic Land- Act. If enacted, this legislation would site and surrounding land of the New mark; expand the boundaries of Gettysburg Philadelphia town site in the State of (B) is covered by farmland; and National Military Park to include the Illinois, and for other purposes; to the (C) does not contain any original buildings historic Gettysburg Railroad Station Committee on Energy and Natural Re- of the town or the McWorter farm and home that are visible above ground. and an additional 45 acres of land at sources. SEC. 3. DEFINITIONS. the southern end of the battlefield. Mr. KIRK. Mr. President, today I am In this Act: Through these acquisitions, the be- pleased to join with Senator DURBIN to (1) SECRETARY.—The term ‘‘Secretary’’ tween 1.5 to 3 million people that visit introduce a bill in support of New means the Secretary of the Interior. Gettysburg each year will enjoy a more Philadelphia, the first town founded by (2) STUDY AREA.—The term ‘‘Study Area’’ complete experience. Passage of this a freed African-American. This bipar- means the New Philadelphia archeological legislation is very important, espe- tisan legislation would initiate a feasi- site and the surrounding land in the State of cially right now as the Park prepares bility study in order to determine Illinois. for the 150 Anniversary of the Battle of whether or not this area should be des- SEC. 4. SPECIAL RESOURCE STUDY. Gettysburg. ignated as a unit of the National Park (a) STUDY.—The Secretary shall conduct a The Gettysburg Railroad Station, special resource study of the Study Area. System. (b) CONTENTS.—In conducting the study which is also known as the Lincoln The town of New Philadelphia, Illi- under subsection (a), the Secretary shall— Train Station, is located in downtown nois, established in 1836, became the (1) evaluate the national significance of Gettysburg, Pennsylvania. It was built first known town platted and officially the Study Area; in 1858 and is listed in the National registered by an African-American (2) determine the suitability and feasi- Register of Historic Places. During the prior to the Civil War. New Philadel- bility of designating the Study Area as a Battle of Gettysburg, the building phia became a place where European unit of the National Park System; served as a train station to transport (3) consider other alternatives for preserva- Americans, free-born African-Ameri- tion, protection, and interpretation of the thousands of troops and also as a hos- cans, and formerly enslaved individuals Study Area by— pital. Perhaps more important histori- could live together in community dur- (A) Federal, State, or local governmental cally, this station was the site to ing a time of intense racial strife that entities; or which President Lincoln arrived on the transpired before, during, and after the (B) private and nonprofit organizations; day before he delivered the Gettysburg Civil War. (4) consult with— Address in 1863. This station is cur- Frank McWorter, the founder of New (A) interested Federal, State, or local gov- rently operated by the National Trust Philadelphia and a former slave him- ernmental entities; for Historic Gettysburg and is open to self, saved money from neighboring (B) private and nonprofit organizations; or (C) any other interested individuals; and the public year round. It also serves as labor jobs to purchase his own freedom (5) identify cost estimates for any Federal the home to the Pennsylvania Abra- and the freedom of fifteen other family acquisition, development, interpretation, op- ham Lincoln Bicentennial Commission, members. Subsequently, Mr. McWorter eration, and maintenance associated with which organized and held events in 2009 purchased a sparse plot of land between the alternatives considered under paragraph to commemorate the 200th anniversary the Illinois and Mississippi Rivers in (3). of Lincoln’s birth. The station was ren- Pike County, Illinois to establish the (c) APPLICABLE LAW.—The study required ovated in 2006 using state grant money town of New Philadelphia, which also under subsection (a) shall be conducted in accordance with section 8 of Public Law 91– to serve as an information and orienta- became a station along the Under- 383 (16 U.S.C. 1a–5). tion center, but currently does not ground Railroad. (d) REPORT.—Not later than 3 years after serve as such because of a lack of funds In 2005, the town of New Philadelphia the date on which funds are first made avail- to manage its day-to-day operations. is designated a National Historic Place able for the study under subsection (a), the

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7712 CONGRESSIONAL RECORD — SENATE November 17, 2011 Secretary shall submit to the Committee on over six decades, which has nurtured a better relationship between Japan and the Natural Resources of the House of Rep- strong and critical alliance and deep eco- United States’’; resentatives and the Committee on Energy nomic ties that are vitally important to both Whereas Japan’s Deputy Chief Cabinet Sec- and Natural Resources of the Senate a report countries, the Asia-Pacific region, and the retary Tetsuro Fukuyama on September 13, containing— world; 2010, apologized to United States former pris- (1) the results of the study; and Whereas the United States-Japan alliance oners of war for the ‘‘immeasurable damage (2) any conclusions and recommendations is based on shared interests, responsibilities, and suffering’’ they experienced; of the Secretary. and values and the common support for po- Whereas the participants of the first Japa- (e) FUNDING.—The study authorized under litical and economic freedoms, human nese/American POW Friendship Program ap- this section shall be carried out using exist- rights, and international law; preciated the generosity and hospitality ing funds of the National Park Service. Whereas the United States-Japan alliance they received from the Government and peo- has been maintained by the contributions f ple of Japan during the Program and wel- and sacrifices of members of the United comed the apology offered by Foreign Min- SUBMITTED RESOLUTIONS States Armed Forces dedicated to Japan’s ister Okada and Deputy Chief Cabinet Sec- defense and democracy; retary Fukuyama; Whereas, from December 7, 1941, to August Whereas the participants encourage the SENATE RESOLUTION 332—SUP- 15, 1945, the Pacific War caused profound Government of Japan to continue this pro- PORTING THE GOALS AND damage and suffering to combatants and gram of visitation and friendship and expand IDEALS OF AMERICAN EDU- noncombatants alike; it to support projects for remembrance, doc- Whereas, among those who suffered and CATION WEEK umentation, and education; and sacrificed greatly were the men and women Whereas the United States former pris- Mrs. HAGAN (for herself and Mr. of the United States Armed Forces who were oners of war of Japan still await apologies KIRK) submitted the following resolu- captured by Imperial Japanese forces during and remembrance from the successor firms tion; which was considered and agreed the Pacific War; of those private entities in Japan that, in to: Whereas many United States prisoners of violation of the Third Geneva Convention war were subject to brutal and inhumane and in unmerciful conditions, used their S. RES. 332 conditions and forced labor; labor for economic gain to sustain war pro- Whereas the National Education Associa- Whereas, according to the Congressional duction: Now, therefore, be it tion has designated November 13 through No- Research Service, an estimated 27,000 United Resolved, That the Senate— vember 19, 2011, as the 90th annual observ- States prisoners of war were held by Impe- (1) welcomes and commends the Govern- ance of American Education Week; rial Japanese forces and nearly 40 percent ment of Japan for extending an official apol- Whereas public schools are the backbone of perished; ogy to all United States former prisoners of the Nation’s democracy, providing young Whereas the American Defenders of Bataan war from the Pacific War and establishing in people with the tools they need to maintain and Corregidor and its subsequent Descend- 2010 a visitation program to Japan for sur- the Nation’s precious values of freedom, ci- ants Group have worked tirelessly to rep- viving veterans, their families, and descend- resent the thousands of United States vet- vility, and equality; ants; erans who were held by Imperial Japanese Whereas by equipping young people in the (2) appreciates the recent efforts by the forces as prisoners of war during the Pacific United States with both practical skills and Government of Japan toward historic apolo- War; broader intellectual abilities, public schools gies for the maltreatment of United States Whereas, on May 30, 2009, an official apol- give them hope for, and access to, a produc- former prisoners of war; ogy from the Government of Japan was de- tive future; (3) requests that the Government of Japan livered by Japan’s Ambassador to the United Whereas people working in the field of pub- continue its new Japanese/American POW States Ichiro Fujisaki to the last convention lic education, be they teachers, principals, Friendship Program of reconciliation and re- of the American Defenders of Bataan and higher education faculty and staff, membrance and expand it to educate the custodians, substitute educators, bus drivers, Corregidor stating, ‘‘Today, I would like to convey to you the position of the govern- public and its school children about the his- clerical workers, food service professionals, tory of prisoners of war in Imperial Japan; workers in skilled trades, health and student ment of Japan on this issue. As former Prime Ministers of Japan have repeatedly (4) requests that the Government of Japan service workers, security guards, technical respect the wishes and sensibilities of the employees, or librarians, work tirelessly to stated, the Japanese people should bear in mind that we must look into the past and to United States former prisoners of war by serve children and communities throughout supporting and encouraging programs for the Nation with care and professionalism; learn from the lessons of history. We extend a heartfelt apology for our country having lasting remembrance and reconciliation that and recognize their sacrifices, history, and forced Whereas public schools are community caused tremendous damage and suffering to many people, including prisoners of wars, labor; linchpins, bringing together adults, children, (5) acknowledges the work of the Depart- educators, volunteers, business leaders, and those who have undergone tragic experiences in the Bataan Peninsula, Corregidor Island, ment of State in advocating for the United elected officials in a common enterprise: States prisoners of war from the Pacific War; Now, therefore, be it in the Philippines, and other places.’’; Whereas, in 2010, the Government of Japan and Resolved, That the Senate— through its Ministry of Foreign Affairs has (6) applauds the persistence, dedication, (1) supports the goals and ideals of Amer- established a new program of remembrance and patriotism of the members and descend- ican Education Week; and and understanding that, for the first time, ants of the American Defenders of Bataan (2) encourages the people of the United includes United States former prisoners of and Corregidor for their pursuit of justice States to observe National Education Week war and their family members or other care- and lasting peace. by reflecting on the positive impact of all givers by inviting them to Japan for ex- those who work together to educate chil- change and friendship; f dren. Whereas six United States former prisoners f of war, each of whom was accompanied by a AMENDMENTS SUBMITTED AND SENATE RESOLUTION 333—WEL- family member, and two descendants of pris- PROPOSED COMING AND COMMENDING THE oners of war participated in Japan’s first Japanese/American POW Friendship Pro- SA 1062. Mr. PAUL submitted an amend- GOVERNMENT OF JAPAN FOR gram from September 12, 2010, to September ment intended to be proposed by him to the EXTENDING AN OFFICIAL APOL- 19, 2010; bill S. 1867, to authorize appropriations for OGY TO ALL UNITED STATES Whereas Japan’s Foreign Minister Katsuya fiscal year 2012 for military activities of the FORMER PRISONERS OF WAR Okada on September 13, 2010, apologized to Department of Defense, for military con- FROM THE PACIFIC WAR AND all United States former prisoners of war on struction, and for defense activities of the ESTABLISHING IN 2010 A VISITA- behalf of the Government of Japan stating, Department of Energy, to prescribe military TION PROGRAM TO JAPAN FOR ‘‘You have all been through hardships during personnel strengths for such fiscal year, and SURVIVING VETERANS, FAMILY World War II, being taken prisoner by the for other purposes; which was ordered to lie Japanese military, and suffered extremely on the table. MEMBERS, AND DESCENDANTS inhumane treatment. On behalf of the Japa- SA 1063. Mr. PAUL submitted an amend- Mrs. FEINSTEIN (for herself and Mr. nese government and as the foreign minister, ment intended to be proposed by him to the INHOFE) submitted the following reso- I would like to offer you my heartfelt apol- bill S. 1867, supra; which was ordered to lie lution; which was considered and ogy.’’; on the table. agreed to: Whereas Foreign Minister Okada stated SA 1064. Mr. PAUL (for himself, Mrs. that he expects the former prisoners of war GILLIBRAND, Mr. WYDEN, Mr. LEAHY, and Mr. S. RES. 333 exchanges with the people of Japan will ‘‘be- MANCHIN) submitted an amendment intended Whereas the United States and Japan have come a turning point in burying their bitter to be proposed by him to the bill S. 1867, enjoyed a productive and successful peace for feelings about the past and establishing a supra.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7713 SA 1065. Ms. AYOTTE (for herself, Mr. SA 1076. Mr. LEAHY submitted an amend- SA 1095. Mr. INHOFE submitted an amend- MCCAIN, and Mr. REED) submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by him to the ment intended to be proposed by her to the bill S. 1867, supra; which was ordered to lie bill S. 1867, supra. bill S. 1867, supra. on the table. SA 1096. Mr. INHOFE submitted an amend- SA 1066. Ms. AYOTTE submitted an amend- SA 1077. Mr. LEAHY submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by her to the ment intended to be proposed by him to the bill S. 1867, supra. bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie SA 1097. Mr. INHOFE submitted an amend- on the table. on the table. ment intended to be proposed by him to the SA 1067. Ms. AYOTTE submitted an amend- SA 1078. Mr. LEAHY submitted an amend- bill S. 1867, supra. ment intended to be proposed by her to the ment intended to be proposed by him to the SA 1098. Mr. INHOFE submitted an amend- bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie ment intended to be proposed by him to the on the table. on the table. bill S. 1867, supra. SA 1068. Ms. AYOTTE (for herself, Mr. SA 1079. Mr. LEAHY submitted an amend- SA 1099. Mr. INHOFE submitted an amend- CHAMBLISS, and Mr. GRAHAM) submitted an ment intended to be proposed by him to the ment intended to be proposed by him to the amendment intended to be proposed by her bill S. 1867, supra; which was ordered to lie bill S. 1867, supra. to the bill S. 1867, supra; which was ordered on the table. SA 1100. Mr. INHOFE submitted an amend- to lie on the table. SA 1080. Mr. LEAHY submitted an amend- ment intended to be proposed by him to the SA 1069. Ms. KLOBUCHAR (for herself, Mr. ment intended to be proposed by him to the bill S. 1867, supra. THUNE, Mr. JOHNSON of South Dakota, Mr. bill S. 1867, supra; which was ordered to lie SA 1101. Mr. INHOFE submitted an amend- FRANKEN, Mr. HARKIN, and Mr. GRASSLEY) on the table. ment intended to be proposed by him to the SA 1081. Mr. LEAHY submitted an amend- submitted an amendment intended to be pro- bill S. 1867, supra. ment intended to be proposed by him to the posed to amendment SA 957 proposed by Mr. SA 1102. Mr. INHOFE submitted an amend- bill S. 1867, supra; which was ordered to lie REID to the bill H.R. 2354, making appropria- ment intended to be proposed by him to the on the table. tions for energy and water development and bill S. 1867, supra. related agencies for the fiscal year ending SA 1082. Mr. LEAHY submitted an amend- ment intended to be proposed by him to the SA 1103. Mr. CARDIN (for himself, Mr. September 30, 2012, and for other purposes; WICKER, Mrs. FEINSTEIN, Ms. MIKULSKI, and which was ordered to lie on the table. bill S. 1867, supra; which was ordered to lie Mr. ROCKEFELLER) submitted an amendment SA 1070. Mr. CASEY submitted an amend- on the table. intended to be proposed by him to the bill S. ment intended to be proposed by him to the SA 1083. Mr. LEAHY submitted an amend- 1867, supra; which was ordered to lie on the bill S. 1867, to authorize appropriations for ment intended to be proposed by him to the table. fiscal year 2012 for military activities of the bill S. 1867, supra; which was ordered to lie SA 1104. Mr. SANDERS submitted an Department of Defense, for military con- on the table. amendment intended to be proposed by him struction, and for defense activities of the SA 1084. Mr. MCCONNELL (for Mr. KIRK to the bill H.R. 2354, making appropriations Department of Energy, to prescribe military (for himself, Mr. JOHANNS, Mr. MANCHIN, Mr. for energy and water development and re- personnel strengths for such fiscal year, and HELLER, Mr. BLUNT, Mr. ROBERTS, Mr. RUBIO, lated agencies for the fiscal year ending Sep- for other purposes; which was ordered to lie Mr. BROWN of Massachusetts, Mr. COATS, and tember 30, 2012, and for other purposes; which on the table. Mr. TESTER)) proposed an amendment to the SA 1071. Mr. MCCAIN submitted an amend- bill S. 1867, supra. was ordered to lie on the table. ment intended to be proposed by him to the SA 1085. Mr. LEAHY submitted an amend- SA 1105. Ms. COLLINS (for herself, Mr. bill S. 1867, supra; which was ordered to lie ment intended to be proposed by him to the BEGICH, and Mr. MANCHIN) submitted an on the table. bill S. 1867, supra; which was ordered to lie amendment intended to be proposed by her SA 1072. Mr. LEAHY (for himself, Mr. on the table. to the bill S. 1867, to authorize appropria- GRAHAM, Mr. ROCKEFELLER, Ms. AYOTTE, Mr. SA 1086. Mr. ROBERTS (for himself and tions for fiscal year 2012 for military activi- AKAKA, Mr. ALEXANDER, Mr. BAUCUS, Mr. Mr. MORAN) submitted an amendment in- ties of the Department of Defense, for mili- BEGICH, Mr. BENNET, Mr. BINGAMAN, Mr. tended to be proposed by him to the bill S. tary construction, and for defense activities BLUMENTHAL, Mr. BLUNT, Mr. BOOZMAN, Mrs. 1867, supra; which was ordered to lie on the of the Department of Energy, to prescribe BOXER, Mr. BROWN of Massachusetts, Mr. table. military personnel strengths for such fiscal SA 1087. Mr. LEAHY submitted an amend- BROWN of Ohio, Mr. BURR, Ms. CANTWELL, Mr. year, and for other purposes. ment intended to be proposed by him to the CARDIN, Mr. CARPER, Mr. CASEY, Mr. COATS, SA 1106. Mr. MCCAIN (for himself and Mr. bill S. 1867, supra; which was ordered to lie Mr. CONRAD, Mr. COONS, Mr. CORKER, Mr. LEVIN) submitted an amendment intended to on the table. CRAPO, Mr. DURBIN, Mr. ENZI, Mrs. FEIN- be proposed by him to the bill S. 1867, supra; SA 1088. Mr. BROWN of Massachusetts sub- STEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. which was ordered to lie on the table. mitted an amendment intended to be pro- GRASSLEY, Mrs. HAGAN, Mr. HARKIN, Mr. SA 1107. Mr. UDALL of Colorado submitted posed by him to the bill S. 1867, supra; which HELLER, Mr. HOEVEN, Mr. INHOFE, Mr. an amendment intended to be proposed by was ordered to lie on the table. him to the bill S. 1867, supra. INOUYE, Mr. JOHANNS, Mr. JOHNSON of Wis- SA 1089. Mr. BROWN of Massachusetts sub- consin, Mr. JOHNSON of South Dakota, Ms. SA 1108. Mr. UDALL of Colorado submitted mitted an amendment intended to be pro- an amendment intended to be proposed by KLOBUCHAR, Ms. LANDRIEU, Mr. LAUTENBERG, posed by him to the bill S. 1867, supra; which Mr. LEE, Mr. LUGAR, Mr. MANCHIN, Mrs. him to the bill S. 1867, supra; which was or- was ordered to lie on the table. dered to lie on the table. MCCASKILL, Mr. MENENDEZ, Mr. MERKLEY, SA 1090. Mr. BROWN of Massachusetts sub- SA 1109. Mr. UDALL of Colorado submitted Ms. MIKULSKI, Mr. MORAN, Mrs. MURRAY, Mr. mitted an amendment intended to be pro- an amendment intended to be proposed by NELSON of Nebraska, Mr. PRYOR, Mr. RISCH, posed by him to the bill S. 1867, supra; which him to the bill S. 1867, supra; which was or- Mr. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, was ordered to lie on the table. Ms. SNOWE, Ms. STABENOW, Mr. TESTER, Mr. SA 1091. Mr. SANDERS submitted an dered to lie on the table. UDALL of Colorado, Mr. VITTER, Mr. WARNER, amendment intended to be proposed to SA 1110. Mr. UDALL of Colorado submitted an amendment intended to be proposed by Mr. WHITEHOUSE, Mr. WYDEN, Mr. TOOMEY, amendment SA 957 proposed by Mr. REID to and Mr. KERRY) submitted an amendment in- the bill H.R. 2354, making appropriations for him to the bill S. 1867, supra; which was or- tended to be proposed by him to the bill S. energy and water development and related dered to lie on the table. 1867, supra. agencies for the fiscal year ending Sep- SA 1111. Mr. UDALL of Colorado submitted SA 1073. Mr. CARDIN (for himself and Ms. tember 30, 2012, and for other purposes; which an amendment intended to be proposed by MIKULSKI) submitted an amendment in- was ordered to lie on the table. him to the bill S. 1867, supra; which was or- tended to be proposed by him to the bill S. SA 1092. Mr. LEVIN (for himself, Mr. dered to lie on the table. 1867, supra. MCCAIN, Mr. AKAKA, Mr. CHAMBLISS, Mr. SA 1112. Mr. UDALL of Colorado submitted SA 1074. Mr. ROCKEFELLER submitted an BLUMENTHAL, Mr. INHOFE, Mrs. GILLIBRAND, an amendment intended to be proposed by amendment intended to be proposed by him Mr. NELSON of Nebraska, Ms. STABENOW, Mr. him to the bill S. 1867, supra; which was or- to the bill H.R. 2354, making appropriations UDALL of Colorado, Mr. WEBB, Mr. MANCHIN, dered to lie on the table. for energy and water development and re- and Mr. WHITEHOUSE) proposed an amend- SA 1113. Mr. UDALL of Colorado submitted lated agencies for the fiscal year ending Sep- ment to the bill S. 1867, to authorize appro- an amendment intended to be proposed by tember 30, 2012, and for other purposes; which priations for fiscal year 2012 for military ac- him to the bill S. 1867, supra; which was or- was ordered to lie on the table. tivities of the Department of Defense, for dered to lie on the table. SA 1075. Mr. LEAHY submitted an amend- military construction, and for defense activi- SA 1114. Mr. BEGICH (for himself, Ms. ment intended to be proposed by him to the ties of the Department of Energy, to pre- SNOWE, Mr. CASEY, Mr. GRASSLEY, Mr. bill S. 1867, to authorize appropriations for scribe military personnel strengths for such LEAHY, Mr. GRAHAM, Ms. MURKOWSKI, Mr. fiscal year 2012 for military activities of the fiscal year, and for other purposes. AKAKA, Mr. PRYOR, Mr. BROWN of Massachu- Department of Defense, for military con- SA 1093. Mr. INHOFE submitted an amend- setts, Mr. MANCHIN, and Mr. TESTER) sub- struction, and for defense activities of the ment intended to be proposed by him to the mitted an amendment intended to be pro- Department of Energy, to prescribe military bill S. 1867, supra. posed by him to the bill S. 1867, supra. personnel strengths for such fiscal year, and SA 1094. Mr. INHOFE submitted an amend- SA 1115. Ms. LANDRIEU (for herself, Ms. for other purposes; which was ordered to lie ment intended to be proposed by him to the SNOWE, Mrs. SHAHEEN, Mr. BROWN of Massa- on the table. bill S. 1867, supra. chusetts, and Mr. KERRY) submitted an

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amendment intended to be proposed by her tended to be proposed by him to the bill S. GILLIBRAND, and Mrs. FEINSTEIN) submitted to the bill S. 1867, supra. 1867, supra; which was ordered to lie on the an amendment intended to be proposed by SA 1116. Mr. WICKER submitted an amend- table. him to the bill S. 1867, supra; which was or- ment intended to be proposed by him to the SA 1134. Mr. BLUNT submitted an amend- dered to lie on the table. bill S. 1867, supra; which was ordered to lie ment intended to be proposed by him to the SA 1154. Mr. UDALL, of New Mexico (for on the table. bill S. 1867, supra; which was ordered to lie himself, Mr. CORKER, Mrs. MCCASKILL, Mr. SA 1117. Mr. BINGAMAN submitted an on the table. BINGAMAN, Mr. ALEXANDER, Mr. NELSON of amendment intended to be proposed by him SA 1135. Ms. SNOWE submitted an amend- Florida, and Mr. UDALL of Colorado) sub- to the bill S. 1867, supra; which was ordered ment intended to be proposed by her to the mitted an amendment intended to be pro- to lie on the table. bill S. 1867, supra; which was ordered to lie posed by him to the bill S. 1867, supra; which SA 1118. Mr. MCCAIN submitted an amend- on the table. was ordered to lie on the table. ment intended to be proposed by him to the SA 1136. Mr. PAUL submitted an amend- SA 1155. Ms. COLLINS submitted an bill S. 1867, supra; which was ordered to lie ment intended to be proposed by him to the amendment intended to be proposed by her on the table. bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra. SA 1119. Mr. BROWN, of Massachusetts (for on the table. SA 1156. Mr. RISCH submitted an amend- himself and Mr. BOOZMAN) submitted an SA 1137. Mr. HELLER (for himself and Mr. ment intended to be proposed by him to the amendment intended to be proposed by him KIRK) submitted an amendment intended to bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra; which was ordered be proposed by him to the bill S. 1867, supra; on the table. to lie on the table. which was ordered to lie on the table. SA 1157. Mr. RISCH submitted an amend- SA 1120. Mrs. SHAHEEN (for herself, Mrs. SA 1138. Mr. HELLER (for himself, Mr. ment intended to be proposed by him to the GILLIBRAND, Mrs. BOXER, Mr. LAUTENBERG, BROWN of Massachusetts, Mr. BOOZMAN, Mr. bill S. 1867, supra; which was ordered to lie Mrs. MURRAY, Mr. BLUMENTHAL, Ms. BLUMENTHAL, and Mr. KERRY) submitted an on the table. STABENOW, Mr. DURBIN, Mr. TESTER, Mr. amendment intended to be proposed by him SA 1158. Ms. COLLINS (for herself, Mr. FRANKEN, and Mr. COONS) submitted an to the bill S. 1867, supra; which was ordered EGICH, and Mr. MANCHIN) submitted an amendment intended to be proposed by her B to lie on the table. amendment intended to be proposed by her to the bill S. 1867, supra. SA 1139. Mr. CASEY (for himself and Mrs. SA 1121. Mrs. SHAHEEN (for herself, Mrs. to the bill S. 1867, supra. MCCASKILL) submitted an amendment in- GILLIBRAND, Mrs. BOXER, Mr. LAUTENBERG, SA 1159. Mr. LEAHY submitted an amend- tended to be proposed by him to the bill S. ment intended to be proposed by him to the Mrs. MURRAY, Mr. BLUMENTHAL, and Mr. 1867, supra. DURBIN) submitted an amendment intended bill S. 1867, supra; which was ordered to lie SA 1140. Mr. CASEY submitted an amend- on the table. to be proposed by her to the bill S. 1867, ment intended to be proposed by him to the supra; which was ordered to lie on the table. SA 1160. Mr. WYDEN (for himself and Mr. bill S. 1867, supra. MERKLEY) submitted an amendment in- SA 1122. Mrs. SHAHEEN submitted an SA 1141. Mrs. BOXER (for herself and Mr. amendment intended to be proposed by her tended to be proposed by him to the bill S. BURR) submitted an amendment intended to to the bill S. 1867, supra; which was ordered 1867, supra; which was ordered to lie on the be proposed by her to the bill S. 1867, supra; table. to lie on the table. which was ordered to lie on the table. SA 1123. Mr. LAUTENBERG submitted an SA 1161. Mr. WARNER submitted an SA 1142. Mrs. BOXER (for herself, Mrs. amendment intended to be proposed by him amendment intended to be proposed by him FEINSTEIN, and Mr. NELSON of Florida) sub- to the bill S. 1867, supra; which was ordered to the bill S. 1867, supra; which was ordered mitted an amendment intended to be pro- to lie on the table. to lie on the table. posed by her to the bill S. 1867, supra; which SA 1124. Mr. LAUTENBERG submitted an SA 1162. Mr. WARNER submitted an was ordered to lie on the table. amendment intended to be proposed by him amendment intended to be proposed by him SA 1143. Mrs. HAGAN (for herself and Mr. to the bill S. 1867, supra; which was ordered to the bill S. 1867, supra; which was ordered PORTMAN) submitted an amendment intended to lie on the table. to lie on the table. to be proposed by her to the bill S. 1867, SA 1125. Mrs. FEINSTEIN (for herself, Mr. SA 1163. Mr. WARNER submitted an supra; which was ordered to lie on the table. LEAHY, Mr. DURBIN, and Mr. UDALL of Colo- amendment intended to be proposed by him SA 1144. Mr. MCCAIN submitted an amend- rado) submitted an amendment intended to to the bill S. 1867, supra; which was ordered ment intended to be proposed by him to the be proposed by her to the bill S. 1867, supra. to lie on the table. bill S. 1867, supra; which was ordered to lie SA 1126. Mrs. FEINSTEIN (for herself, Mr. SA 1164. Mr. WARNER submitted an LEAHY, Mr. DURBIN, and Mr. UDALL of Colo- on the table. SA 1145. Mr. TESTER (for himself, Mrs. amendment intended to be proposed by him rado) submitted an amendment intended to to the bill S. 1867, supra; which was ordered be proposed by her to the bill S. 1867, supra. HUTCHISON, and Mr. CONRAD) submitted an amendment intended to be proposed by him to lie on the table. SA 1127. Mr. LEVIN submitted an amend- SA 1165. Mr. WARNER submitted an ment intended to be proposed by him to the to the bill S. 1867, supra; which was ordered to lie on the table. amendment intended to be proposed by him bill H.R. 2056, to instruct the Inspector Gen- to the bill S. 1867, supra; which was ordered eral of the Federal Deposit Insurance Cor- SA 1146. Mr. REED submitted an amend- ment intended to be proposed by him to the to lie on the table. poration to study the impact of insured de- SA 1166. Mr. WARNER submitted an pository institution failures, and for other bill S. 1867, supra; which was ordered to lie on the table. amendment intended to be proposed by him purposes; which was referred to the Com- to the bill S. 1867, supra; which was ordered mittee on Banking, Housing, and Urban Af- SA 1147. Mr. REED submitted an amend- ment intended to be proposed by him to the to lie on the table. fairs. SA 1167. Mr. WARNER submitted an SA 1128. Mr. REID submitted an amend- bill S. 1867, supra; which was ordered to lie amendment intended to be proposed by him ment intended to be proposed by him to the on the table. to the bill S. 1867, supra; which was ordered bill S. 1867, to authorize appropriations for SA 1148. Mr. REED submitted an amend- to lie on the table. fiscal year 2012 for military activities of the ment intended to be proposed by him to the SA 1168. Mr. WARNER submitted an Department of Defense, for military con- bill S. 1867, supra; which was ordered to lie amendment intended to be proposed by him struction, and for defense activities of the on the table. to the bill S. 1867, supra; which was ordered Department of Energy, to prescribe military SA 1149. Mr. BEGICH (for himself and Ms. to lie on the table. personnel strengths for such fiscal year, and MURKOWSKI) submitted an amendment in- SA 1169. Mr. WARNER submitted an for other purposes; which was ordered to lie tended to be proposed by him to the bill S. amendment intended to be proposed by him on the table. 1867, supra. SA 1129. Mr. REID submitted an amend- SA 1150. Mr. PRYOR submitted an amend- to the bill S. 1867, supra; which was ordered ment intended to be proposed by him to the ment intended to be proposed by him to the to lie on the table. bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie SA 1170. Mr. WARNER submitted an on the table. on the table. amendment intended to be proposed by him SA 1130. Mr. REID (for himself and Mr. SA 1151. Mr. PRYOR submitted an amend- to the bill S. 1867, supra; which was ordered INHOFE) submitted an amendment intended ment intended to be proposed by him to the to lie on the table. to be proposed by him to the bill S. 1867, bill S. 1867, supra; which was ordered to lie SA 1171. Mr. CORKER submitted an amend- supra; which was ordered to lie on the table. on the table. ment intended to be proposed by him to the SA 1131. Mr. REID submitted an amend- SA 1152. Mr. PRYOR (for himself, Mr. bill S. 1867, supra; which was ordered to lie ment intended to be proposed by him to the BOOZMAN, Mr. CRAPO, Mr. GRASSLEY, Mr. on the table. bill S. 1867, supra; which was ordered to lie JOHNSON of South Dakota, Ms. KLOBUCHAR, SA 1172. Mr. CORKER submitted an amend- on the table. Mr. LEAHY, Mr. SESSIONS, Mrs. SHAHEEN, Ms. ment intended to be proposed by him to the SA 1132. Mr. MCCAIN (for himself and Ms. SNOWE, Mr. TESTER, Mr. THUNE, and Mr. bill S. 1867, supra; which was ordered to lie AYOTTE) submitted an amendment intended WYDEN) submitted an amendment intended on the table. to be proposed by him to the bill S. 1867, to be proposed by him to the bill S. 1867, SA 1173. Mr. CORKER submitted an amend- supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. ment intended to be proposed by him to the SA 1133. Mr. BLUNT (for himself and Mrs. SA 1153. Mr. UDALL, of New Mexico (for bill S. 1867, supra; which was ordered to lie GILLIBRAND) submitted an amendment in- himself, Mr. HELLER, Mr. BINGAMAN, Mrs. on the table.

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SA 1174. Mr. MERKLEY (for himself, Mr. for other purposes; which was ordered to lie MCCASKILL, Mr. AKAKA, Mr. FRANKEN, and LEE, Mr. UDALL of New Mexico, Mr. PAUL, on the table. Mr. BROWN of Ohio) submitted an amend- and Mr. BROWN of Ohio) proposed an amend- SA 1193. Mr. DURBIN (for himself, Mr. ment intended to be proposed by her to the ment to the bill S. 1867, supra. KIRK, Mr. HARKIN, and Mr. GRASSLEY) sub- bill S. 1867, supra; which was ordered to lie SA 1175. Mr. KERRY submitted an amend- mitted an amendment intended to be pro- on the table. ment intended to be proposed by him to the posed by him to the bill S. 1867, supra; which SA 1207. Mr. COBURN (for himself, Mr. bill S. 1867, supra; which was ordered to lie was ordered to lie on the table. LEVIN, and Mr. MCCAIN) submitted an on the table. SA 1194. Mr. BENNET submitted an amendment intended to be proposed by him SA 1176. Mr. KERRY submitted an amend- amendment intended to be proposed by him to the bill S. 1867, supra; which was ordered ment intended to be proposed by him to the to the bill S. 1867, supra; which was ordered to lie on the table. bill S. 1867, supra; which was ordered to lie to lie on the table. SA 1208. Mr. HARKIN submitted an amend- on the table. SA 1195. Mr. DURBIN submitted an amend- ment intended to be proposed by him to the SA 1177. Mrs. MURRAY submitted an ment intended to be proposed by him to the bill H.R. 2354, making appropriations for en- amendment intended to be proposed by her bill S. 1867, supra; which was ordered to lie ergy and water development and related to the bill S. 1867, supra; which was ordered on the table. agencies for the fiscal year ending Sep- to lie on the table. SA 1196. Mr. FRANKEN submitted an tember 30, 2012, and for other purposes; which SA 1178. Mrs. MURRAY (for herself and Ms. amendment intended to be proposed by him was ordered to lie on the table. CANTWELL) submitted an amendment in- to the bill S. 1867, supra; which was ordered SA 1209. Mr. NELSON of Florida submitted tended to be proposed by her to the bill S. to lie on the table. an amendment intended to be proposed by SA 1197. Mr. FRANKEN submitted an 1867, supra; which was ordered to lie on the him to the bill S. 1867, to authorize appro- amendment intended to be proposed by him table. priations for fiscal year 2012 for military ac- to the bill S. 1867, supra. SA 1179. Mr. GRAHAM submitted an tivities of the Department of Defense, for SA 1198. Mrs. HUTCHISON (for herself, Mr. amendment intended to be proposed by him military construction, and for defense activi- JOHNSON of South Dakota, Mr. THUNE, and to the bill S. 1867, supra; which was ordered ties of the Department of Energy, to pre- Mr. CORNYN) submitted an amendment in- scribe military personnel strengths for such to lie on the table. tended to be proposed by her to the bill S. SA 1180. Ms. COLLINS (for herself and Mrs. fiscal year, and for other purposes; which 1867, supra; which was ordered to lie on the SHAHEEN) submitted an amendment intended was ordered to lie on the table. table. SA 1210. Mr. NELSON of Florida submitted to be proposed by her to the bill S. 1867, SA 1199. Mrs. HUTCHISON (for herself, Mr. an amendment intended to be proposed by supra. BLUNT, Mr. MANCHIN, and Mr. CHAMBLISS) him to the bill S. 1867, supra; which was or- SA 1181. Mrs. MURRAY submitted an submitted an amendment intended to be pro- dered to lie on the table. amendment intended to be proposed by her posed by her to the bill S. 1867, supra; which SA 1211. Mrs. GILLIBRAND (for herself and to the bill S. 1867, supra; which was ordered was ordered to lie on the table. LUNT) submitted an amendment in- to lie on the table. SA 1200. Mr. CORNYN (for himself, Mr. Mr. B tended to be proposed by her to the bill S. SA 1182. Mr. SESSIONS submitted an MENENDEZ, Mr. INHOFE, Mr. LIEBERMAN, Mr. 1867, supra; which was ordered to lie on the amendment intended to be proposed by him WYDEN, and Mr. BLUMENTHAL) submitted an to the bill S. 1867, supra; which was ordered amendment intended to be proposed by him table. SA 1212. Mr. INHOFE submitted an amend- to lie on the table. to the bill S. 1867, supra; which was ordered ment intended to be proposed by him to the SA 1183. Mr. SESSIONS submitted an to lie on the table. amendment intended to be proposed by him SA 1201. Mr. WEBB submitted an amend- bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra; which was ordered ment intended to be proposed to amendment on the table. SA 1213. Mr. INHOFE submitted an amend- to lie on the table. SA 1072 submitted by Mr. LEAHY (for himself, ment intended to be proposed by him to the SA 1184. Mr. SESSIONS submitted an Mr. GRAHAM, Mr. ROCKEFELLER, Ms. AYOTTE, bill S. 1867, supra; which was ordered to lie amendment intended to be proposed by him Mr. AKAKA, Mr. ALEXANDER, Mr. BAUCUS, Mr. on the table. to the bill S. 1867, supra; which was ordered BEGICH, Mr. BENNET, Mr. BINGAMAN, Mr. SA 1214. Ms. SNOWE (for herself, Ms. COL- to lie on the table. BLUMENTHAL, Mr. BLUNT, Mr. BOOZMAN, Mrs. LINS, Mrs. MURRAY, Ms. MIKULSKI, and Mr. SA 1185. Mr. SESSIONS submitted an BOXER, Mr. BROWN of Massachusetts, Mr. CARDIN) submitted an amendment intended amendment intended to be proposed by him BROWN of Ohio, Mr. BURR, Ms. CANTWELL, Mr. to the bill S. 1867, supra; which was ordered to be proposed by her to the bill S. 1867, CARDIN, Mr. CARPER, Mr. CASEY, Mr. COATS, supra; which was ordered to lie on the table. to lie on the table. Mr. CONRAD, Mr. COONS, Mr. CORKER, Mr. SA 1186. Mr. LEAHY (for himself and Mr. SA 1215. Mr. CASEY (for himself, Mr. CRAPO, Mr. DURBIN, Mr. ENZI, Mrs. FEIN- BARRASSO, Mr. BLUMENTHAL, Mr. BENNET, GRASSLEY) submitted an amendment in- STEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. and Mr. WHITEHOUSE) proposed an amend- tended to be proposed by him to the bill S. GRASSLEY, Mrs. HAGAN, Mr. HARKIN, Mr. 1867, supra; which was ordered to lie on the ment to the bill S. 1867, supra. HELLER, Mr. HOEVEN, Mr. INHOFE, Mr. SA 1216. Mr. COONS submitted an amend- table. INOUYE, Mr. JOHANNS, Mr. JOHNSON of Wis- ment intended to be proposed by him to the SA 1187. Mrs. GILLIBRAND (for herself and consin, Mr. JOHNSON of South Dakota, Ms. bill S. 1867, supra; which was ordered to lie Mr. PORTMAN) submitted an amendment in- KLOBUCHAR, Ms. LANDRIEU, Mr. LAUTENBERG, on the table. tended to be proposed by her to the bill S. Mr. LEE, Mr. LUGAR, Mr. MANCHIN, Mrs. SA 1217. Mr. TESTER submitted an amend- 1867, supra; which was ordered to lie on the MCCASKILL, Mr. MENENDEZ, Mr. MERKLEY, ment intended to be proposed by him to the table. Ms. MIKULSKI, Mr. MORAN, Mrs. MURRAY, Mr. bill S. 1867, supra; which was ordered to lie SA 1188. Mr. CARDIN (for himself, Mr. NELSON of Nebraska, Mr. PRYOR, Mr. RISCH, on the table. WICKER, Mrs. FEINSTEIN, Ms. MIKULSKI, Mr. Mr. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, SA 1218. Mr. TESTER submitted an amend- ROCKEFELLER, Mr. CASEY, and Mr. BURR) sub- Ms. SNOWE, Ms. STABENOW, Mr. TESTER, Mr. ment intended to be proposed by him to the mitted an amendment intended to be pro- UDALL of Colorado, Mr. VITTER, Mr. WARNER, bill S. 1867, supra; which was ordered to lie posed by him to the bill S. 1867, supra. Mr. WHITEHOUSE, Mr. WYDEN, Mr. TOOMEY, on the table. SA 1189. Mrs. MURRAY (for herself, Mrs. and Mr. KERRY) to the bill S. 1867, supra; SA 1219. Mr. LEVIN (for himself and Mr. GILLIBRAND, and Mrs. MCCASKILL) submitted which was ordered to lie on the table. WEBB) submitted an amendment intended to an amendment intended to be proposed by SA 1202. Mr. UDALL of New Mexico (for be proposed by him to the bill S. 1867, supra; her to the bill S. 1867, supra; which was or- himself and Mr. SCHUMER) submitted an which was ordered to lie on the table. dered to lie on the table. amendment intended to be proposed by him SA 1220. Mr. MCCAIN submitted an amend- SA 1190. Mrs. MURRAY submitted an to the bill S. 1867, supra; which was ordered ment intended to be proposed by him to the amendment intended to be proposed by her to lie on the table. bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra; which was ordered SA 1203. Mr. KOHL submitted an amend- on the table. to lie on the table. ment intended to be proposed by him to the SA 1221. Mr. LEVIN proposed an amend- SA 1191. Mr. RUBIO submitted an amend- bill S. 1867, supra; which was ordered to lie ment to the bill H.R. 2056, to instruct the In- ment intended to be proposed by him to the on the table. spector General of the Federal Deposit Insur- bill H.R. 2354, making appropriations for en- SA 1204. Mr. REED (for himself, Ms. ance Corporation to study the impact of in- ergy and water development and related AYOTTE, Mr. BLUMENTHAL, Mr. WHITEHOUSE, sured depository institution failures, and for agencies for the fiscal year ending Sep- Mrs. GILLIBRAND, Mr. LEAHY, and Mr. BROWN other purposes. tember 30, 2012, and for other purposes; which of Massachusetts) submitted an amendment SA 1222. Mr. LEVIN (for Mrs. FEINSTEIN was ordered to lie on the table. intended to be proposed by him to the bill S. (for herself and Ms. CANTWELL)) proposed an SA 1192. Mr. DURBIN submitted an amend- 1867, supra; which was ordered to lie on the amendment to the bill H.R. 3321, to facilitate ment intended to be proposed by him to the table. the hosting in the United States of the 34th bill S. 1867, to authorize appropriations for SA 1205. Mr. KOHL submitted an amend- America’s Cup by authorizing certain eligi- fiscal year 2012 for military activities of the ment intended to be proposed by him to the ble vessels to participate in activities re- Department of Defense, for military con- bill S. 1867, supra; which was ordered to lie lated to the competition, and for other pur- struction, and for defense activities of the on the table. poses. Department of Energy, to prescribe military SA 1206. Mrs. BOXER (for herself, Mr. SA 1223. Mr. LEVIN (for Mr. BINGAMAN (for personnel strengths for such fiscal year, and GRASSLEY, Mr. ROCKEFELLER, Mrs. himself and Ms. MURKOWSKI)) proposed an

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Mrs. MURRAY submitted an enactment of this Act or January 1, 2012, cy responsible for interrogation. amendment intended to be proposed by her whichever occurs later. (b) REQUIRED NOTIFICATION WITH RESPECT to the bill S. 1867, to authorize appropria- TO FURTHER DISPOSITION.— tions for fiscal year 2012 for military activi- SA 1065. Ms. AYOTTE (for herself, (1) IN GENERAL.—Not later than 60 days ties of the Department of Defense, for mili- Mr. MCCAIN, and Mr. REED) submitted tary construction, and for defense activities an amendment intended to be proposed after the United States Government takes of the Department of Energy, to prescribe by her to the bill S. 1867, to authorize custody of a covered person, the Secretary of military personnel strengths for such fiscal appropriations for fiscal year 2012 for Defense and the Director of National Intel- year, and for other purposes; which was or- ligence shall notify and inform the specified military activities of the Department congressional committees of the intended dered to lie on the table. of Defense, for military construction, SA 1225. Ms. KLOBUCHAR (for herself, disposition of the covered person under sec- and for defense activities of the De- Mrs. FEINSTEIN, Mr. JOHNSON of South Da- tion 1031(c). kota, and Ms. CANTWELL) submitted an partment of Energy, to prescribe mili- (2) REPORTING REQUIREMENT.—The notifica- amendment intended to be proposed by her tary personnel strengths for such fiscal tion required under paragraph (1) shall be in to the bill S. 1867, supra; which was ordered year, and for other purposes; as fol- classified form and shall include the relevant to lie on the table. lows: facts, justification, and rationale that serves SA 1226. Ms. KLOBUCHAR (for herself, Mr. At the end of subtitle C of title I, add the as the basis for the disposition option cho- THUNE, Mr. JOHNSON of South Dakota, Mr. following: sen. FRANKEN, Mr. HARKIN, and Mr. GRASSLEY) SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE (c) COVERED PERSONS.—For the purposes of submitted an amendment intended to be pro- STRUCTURE. this section, a covered person is an indi- posed by her to the bill H.R. 2354, making ap- Section 8062(g)(1) of title 10, United States vidual suspected of being— propriations for energy and water develop- Code, is amended— (1) a member of, or part of, al-Qaeda or an ment and related agencies for the fiscal year (1) by striking ‘‘October 1, 2009’’ and insert- affiliated entity; and ending September 30, 2012, and for other pur- ing ‘‘October 1, 2011’’; and (2) a participant in the course of planning (2) by striking ‘‘316 aircraft’’ and inserting poses; which was ordered to lie on the table. or carrying out an attack or attempted at- ‘‘301 aircraft’’. f tack against the United States or its coali- tion partners. TEXT OF AMENDMENTS SA 1066. Ms. AYOTTE submitted an amendment intended to be proposed by (d) SPECIFIED CONGRESSIONAL COMMIT- SA 1062. Mr. PAUL submitted an her to the bill S. 1867, to authorize ap- TEES.—In this section, the term ‘‘specified amendment intended to be proposed by propriations for fiscal year 2012 for congressional committees’’ means— him to the bill S. 1867, to authorize ap- military activities of the Department (1) the Committee on Armed Services of propriations for fiscal year 2012 for of Defense, for military construction, the Senate; military activities of the Department (2) the Committee on Armed Services of and for defense activities of the De- of Defense, for military construction, the House of Representatives; partment of Energy, to prescribe mili- and for defense activities of the De- (3) the Select Committee on Intelligence of tary personnel strengths for such fiscal partment of Energy, to prescribe mili- the Senate; and year, and for other purposes; which was tary personnel strengths for such fiscal (4) the Permanent Select Committee on In- ordered to lie on the table; as follows: telligence of the House of Representatives. year, and for other purposes; which was At the end of subtitle A of title X, add the ordered to lie on the table; as follows: (e) EFFECTIVE DATE.—This section shall following: take effect 60 days after the date of the en- Strike section 1031. SEC. 1005. AUDIT READINESS OF FINANCIAL actment of this Act, and shall apply with re- STATEMENTS OF DEPARTMENT OF spect to persons described in subsection (c) SA 1063. Mr. PAUL submitted an DEFENSE. who are taken into the custody or brought amendment intended to be proposed by Section 1003(a)(2)(A)(ii) of the National De- fense Authorization Act for Fiscal Year 2010 under the control of the United States on or him to the bill S. 1867, to authorize ap- after that date. propriations for fiscal year 2012 for (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. military activities of the Department 2222 note) is amended by inserting ‘‘, and that a complete and validated full statement SA 1068. Ms. AYOTTE (for herself, of Defense, for military construction, of budget resources is ready by not later Mr. CHAMBLISS, and Mr. GRAHAM) sub- and for defense activities of the De- than September 30, 2014’’ after ‘‘validated as partment of Energy, to prescribe mili- ready for audit by not later than September mitted an amendment intended to be tary personnel strengths for such fiscal 30, 2017’’. proposed by her to the bill S. 1867, to year, and for other purposes; which was authorize appropriations for fiscal year ordered to lie on the table; as follows: SA 1067. Ms. AYOTTE submitted an 2012 for military activities of the De- At the end of subtitle A of title X, add the amendment intended to be proposed by partment of Defense, for military con- following: her to the bill S. 1867, to authorize ap- struction, and for defense activities of SEC. 1005. AUDIT READINESS OF FINANCIAL propriations for fiscal year 2012 for the Department of Energy, to prescribe military activities of the Department STATEMENTS OF DEPARTMENT OF military personnel strengths for such DEFENSE. of Defense, for military construction, fiscal year, and for other purposes; Section 1003(a)(2)(A)(ii) of the National De- and for defense activities of the De- which was ordered to lie on the table; fense Authorization Act for Fiscal Year 2010 partment of Energy, to prescribe mili- (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. as follows: 2222 note) is amended by striking ‘‘Sep- tary personnel strengths for such fiscal tember 30, 2017’’ and inserting ‘‘September year, and for other purposes; which was At the end of subtitle D of title X, add the 30, 2014’’. ordered to lie on the table; as follows: following: At the end of subtitle D of title X, add the SEC. 1038. AUTHORITY FOR LAWFUL INTERROGA- SA 1064. Mr. PAUL (for himself, Mrs. following: TION METHODS IN ADDITION TO GILLIBRAND, Mr. WYDEN, Mr. LEAHY, SEC. 1038. REQUIRED NOTIFICATION OF CON- THE INTERROGATION METHODS AU- and Mr. MANCHIN) submitted an amend- GRESS WITH RESPECT TO THE INI- THORIZED BY THE ARMY FIELD TIAL CUSTODY AND FURTHER DIS- MANUAL. ment intended to be proposed by him POSITION OF MEMBERS AL-QAEDA to the bill S. 1867, to authorize appro- AND AFFILIATED ENTITIES. (a) AUTHORITY.—Notwithstanding section priations for fiscal year 2012 for mili- (a) REQUIRED NOTIFICATION WITH RESPECT 1402 of the Detainee Treatment Act of 2005 tary activities of the Department of TO INITIAL CUSTODY.— (10 U.S.C. 801 note), the personnel of the Defense, for military construction, and (1) IN GENERAL.—When a covered person, as United States Government specified in sub- defined in subsection (c), is taken into the section (c) are hereby authorized to engage for defense activities of the Depart- in interrogation for the purpose of collecting ment of Energy, to prescribe military custody of the United States Government, the Secretary of Defense and the Director of foreign intelligence information using meth- personnel strengths for such fiscal National Intelligence shall notify the speci- ods set forth in the classified annex required year, and for other purposes; as fol- fied congressional committees, as defined in by subsection (b) provided that such interro- lows: subsection (d), within 10 days. gation methods comply with all applicable At the end of subtitle B of title XII, add (2) REPORTING REQUIREMENT.—The notifica- laws, including the laws specified in sub- the following: tion submitted pursuant to paragraph (1) section (d).

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(b) CLASSIFIED ANNEX.—Not later than 90 the Bureau of Reclamation based on the fol- SEC. 889. OVERSIGHT OF AND REPORTING RE- days after the date of the enactment of this lowing criteria to better utilize taxpayer QUIREMENTS WITH RESPECT TO Act, and on such basis thereafter as may be dollars: EVOLVED EXPENDABLE LAUNCH VE- necessary for the effective collection of for- (1) The percentage of the rural water sup- HICLE PROGRAM. The Secretary of Defense shall— eign intelligence information, the Secretary ply project to be carried out that is complete (1) redesignate the Evolved Expendable of Defense shall, in consultation with the Di- (as of the date of enactment of this Act) or Launch Vehicle program as a major defense rector of National Intelligence and the At- will be completed by September 30, 2012. acquisition program not in the sustainment torney General, ensure the adoption of a (2) The number of people served or ex- phase under section 2430 of title 10, United classified annex to Army Field Manual 2-22.3 pected to be served by the rural water supply States Code; or that sets forth interrogation techniques and project. (2) require the Evolved Expendable Launch approaches, in addition to those specified in (3) The amount of non-Federal funds pre- Vehicle program— Army Field Manual 2-22.3, that may be used viously provided or certified as available for (A) to provide to the congressional defense for the effective collection of foreign intel- the cost of the rural water supply project. committees all information with respect to ligence information. (4) The extent to which the rural water the cost, schedule, and performance of the (c) COVERED PERSONNEL.—The personnel of supply project benefits tribal components. program that would be required to be pro- the United States Government specified in (5) The extent to which there is an urgent vided under sections 2431 (relating to weap- this subsection are the officers and employ- and compelling need for a rural water supply ons development and procurement sched- ees of the elements of the intelligence com- project that would— ules), 2432 (relating to Select Acquisition Re- munity that are assigned to or support the (A) improve the health or aesthetic quality ports, including updated program life-cycle entity responsible for the interrogation of of water; cost estimates), and 2433 (relating to unit high value detainees (currently known as the (B) result in continuous, measurable, and cost reports) of title 10, United States Code, ‘‘High Value Detainee Interrogation significant water quality benefits; or with respect to the program if the program Group’’), or a successor entity. (C) address current or future water supply were designated as a major defense acquisi- (d) SPECIFIED LAWS.—The law specified in needs of the population served by the rural tion program not in the sustainment phase; this subsection is as follows: water supply project. (1) The United Nations Convention Against and Torture, signed at New York, February 4, Mr. CASEY submitted an (B) to provide to the Under Secretary of SA 1070. Defense for Acquisition, Technology, and Lo- 1985. amendment intended to be proposed by (2) Chapter 47A of title 10, United States gistics— him to the bill S. 1867, to authorize ap- (i) a quarterly cost and status report, com- Code, relating to military commissions (as propriations for fiscal year 2012 for amended by the Military Commissions Act of monly known as a Defense Acquisition Exec- 2009 (title XVIII of Public Law 111–84)). military activities of the Department utive Summary, which serves as an early- (3) The Detainee Treatment Act of 2005 of Defense, for military construction, warning of actual and potential problems (title XIV of Public Law 109–163). and for defense activities of the De- with a program and provides for possible (4) Section 2441 of title 18, United States partment of Energy, to prescribe mili- mitigation plans; and Code. tary personnel strengths for such fiscal (ii) earned value management data that (e) SUPERSEDURE OF EXECUTIVE ORDER.— contains measurements of contractor tech- year, and for other purposes; which was nical, schedule, and cost performance. The provisions of Executive Order No. 13491, ordered to lie on the table; as follow: dated January 22, 2009, shall have no further force or effect, to the extent such provisions At the end of subtitle G of title X, add the SA 1072. Mr. LEAHY (for himself, Mr. are inconsistent with the provisions of this following: GRAHAM, Mr. ROCKEFELLER, Ms. section. SEC. 1080. REPORT ON MANPADS IN LIBYA. AYOTTE, Mr. AKAKA, Mr. ALEXANDER, (f) DEFINITIONS.—In this section: (a) IN GENERAL.—Not later than 180 days Mr. BAUCUS, Mr. BEGICH, Mr. BENNET, (1) ELEMENT OF THE INTELLIGENCE COMMU- after the date of the enactment of this Act, Mr. BINGAMAN, Mr. BLUMENTHAL, Mr. NITY.—The term ‘‘element of the intelligence and semiannually thereafter for three years, BLUNT, Mr. BOOZMAN, Mrs. BOXER, Mr. community’’ means an element of the intel- the Secretary of State, in consultation with BROWN, of Massachusetts, Mr. BROWN, the Secretary of Defense and the Director of ligence community listed or designated of Ohio, Mr. BURR, Ms. CANTWELL, Mr. under section 3(4) of the National Security National Intelligence, shall submit to Con- CARDIN, Mr. CARPER, Mr. CASEY, Mr. Act of 1947 (50 U.S.C. 401a(4)). gress a report in classified and unclassified OATS ONRAD OONS (2) FOREIGN INTELLIGENCE INFORMATION.— form on the disposition of and accounting for C , Mr. C , Mr. C , Mr. The term ‘‘foreign intelligence information’’ the Man Portable Air Defense Systems CORKER, Mr. CRAPO, Mr. DURBIN, Mr. has the meaning given that term in section (MANPADS) that were under the control of ENZI, Mrs. FEINSTEIN, Mr. FRANKEN, 101(e) of the Foreign Intelligence Surveil- the Government of Libya during the regime Mrs. GILLIBRAND, Mr. GRASSLEY, Mrs. lance Act of 1978 (50 U.S.C. 1801(e)). of Colonel Muammar Gaddafi. HAGAN, Mr. HARKIN, Mr. HELLER, Mr. (b) ELEMENTS.—The report required under HOEVEN, Mr. INHOFE, Mr. INOUYE, Mr. Ms. KLOBUCHAR (for her- subsection (a) shall include the following ele- SA 1069. JOHANNS, Mr. JOHNSON, of Wisconsin, self, Mr. THUNE, Mr. JOHNSON of South ments: Mr. JOHNSON, of South Dakota, Ms. Dakota, Mr. FRANKEN, Mr. HARKIN, and (1) Intelligence estimates as to the number KLOBUCHAR, Ms. LANDRIEU, Mr. LAU- Mr. GRASSLEY) submitted an amend- of MANPADS under the control of the Gov- TENBERG, Mr. LEE, Mr. LUGAR, Mr. ment intended to be proposed to ernment of Libya prior to February 16, 2011. (2) A summary of United States and NATO MANCHIN, Mrs. MCCASKILL, Mr. MENEN- amendment SA 957 proposed by Mr. efforts to account for all of the MANPADS, DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. REID to the bill H.R. 2354, making ap- and ancillary equipment necessary to oper- MORAN, Mrs. MURRAY, Mr. NELSON, of propriations for energy and water de- ate the MANPADS, following the beginning Nebraska, Mr. PRYOR, Mr. RISCH, Mr. velopment and related agencies for the of NATO’s intervention in Libya. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, fiscal year ending September 30, 2012, (3) The comprehensive strategy to prevent Ms. STABENOW, Mr. TESTER, Mr. UDALL, and for other purposes; which was or- terrorist organizations from gaining control of Colorado, Mr. VITTER, Mr. WARNER, dered to lie on the table; as follows: of the MANPADS. (4) An assessment of the probability of and Mr. WHITEHOUSE, Mr. WYDEN, Mr. On page 37, between lines 15 and 16, insert threat posed by an air defense weapons sys- TOOMEY, and Mr. KERRY) submitted an the following: tem like MANPADS being obtained and used amendment intended to be proposed by SEC. 2ll. None of the funds appropriated by a terrorist organization. or otherwise made available by this Act for him to the bill S. 1867, to authorize ap- ongoing construction work on rural water propriations for fiscal year 2012 for Mr. MCCAIN submitted an regional programs of the Bureau of Reclama- SA 1071. military activities of the Department tion that is in addition to the amount re- amendment intended to be proposed by of Defense, for military construction, quested in the annual budget submission of him to the bill S. 1867, to authorize ap- and for defense activities of the De- the President (including funds for related propriations for fiscal year 2012 for partment of Energy, to prescribe mili- settlements) shall be used by the Secretary military activities of the Department tary personnel strengths for such fiscal of the Interior to carry out any rural water of Defense, for military construction, year, and for other purposes; as follow: supply project (as defined in section 102 of and for defense activities of the De- At the end of division A, add the following: the Reclamation Rural Water Supply Act of partment of Energy, to prescribe mili- TITLE XVI—NATIONAL GUARD 2006 (43 U.S.C. 2401)) that is authorized after tary personnel strengths for such fiscal the date of enactment of this Act unless the EMPOWERMENT Secretary of the Interior, not later than 60 year, and for other purposes; which was SEC. 1601. SHORT TITLE. days after the date of enactment of this Act, ordered to lie on the table; as follow: This title may be cited as the ‘‘National issues a work plan prioritizing funding of At the end of subtitle E of title VIII, add Guard Empowerment and State-National De- rural water supply projects carried out by the following: fense Integration Act of 2011’’.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7718 CONGRESSIONAL RECORD — SENATE November 17, 2011 SEC. 1602. REESTABLISHMENT OF POSITION OF SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE the States in the development of State plans VICE CHIEF OF THE NATIONAL NATIONAL GUARD BUREAU ON THE on responses to catastrophic disaster emer- GUARD BUREAU AND TERMINATION JOINT CHIEFS OF STAFF. gencies. OF POSITION OF DIRECTOR OF THE (a) MEMBERSHIP ON JOINT CHIEFS OF (e) ANNUAL REPORTS.—The Administrator JOINT STAFF OF THE NATIONAL STAFF.—Section 151(a) of title 10, United and the Chief of the National Guard Bureau GUARD BUREAU. States Code, is amended by adding at the end shall jointly submit to the appropriate com- (a) REESTABLISHMENT AND TERMINATION OF the following new paragraph: mittees of Congress each year a report on ac- POSITIONS.—Section 10505 of title 10, United ‘‘(7) The Chief of the National Guard Bu- tivities under the Task Force for Emergency States Code, is amended to read as follows: reau.’’. Readiness program during the preceding ‘‘§ 10505. Vice Chief of the National Guard Bu- (b) CONFORMING AMENDMENTS.—Section year. Each report shall include a description reau 10502 of such title, as amended by section of the activities under the program during 2(b)(1) of this Act, is further amended— the preceding year and a current assessment ‘‘(a) APPOINTMENT.—(1) There is a Vice (1) by redesignating subsection (d) as sub- Chief of the National Guard Bureau, selected of the effectiveness of the program in meet- section (e); and by the Secretary of Defense from officers of ing its purposes. (2) by inserting after subsection (c) the fol- (f) APPROPRIATE COMMITTEES OF CONGRESS the Army National Guard of the United lowing new subsection (d): DEFINED.—In this section, the term ‘‘appro- States or the Air National Guard of the ‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.— priate committees of Congress’’ means— United States who— The Chief of the National Guard Bureau (1) the Committee on Armed Services and ‘‘(A) are recommended for such appoint- shall perform the duties prescribed for him the Committee on Homeland Security and ment by their respective Governors or, in the or her as a member of the Joint Chiefs of Governmental Affairs of the Senate; and case of the District of Columbia, the com- Staff under section 151 of this title.’’. (2) the Committee on Armed Services and manding general of the District of Columbia the Committee on Homeland Security of the National Guard; SEC. 1604. CONTINUATION AS A PERMANENT House of Representatives. ‘‘(B) have had at least 10 years of federally PROGRAM AND ENHANCEMENT OF ACTIVITIES OF TASK FORCE FOR recognized service in an active status in the SEC. 1605. REPORT ON COMPARATIVE ANALYSIS EMERGENCY READINESS PILOT PRO- OF COSTS OF COMPARABLE UNITS National Guard; and GRAM OF THE FEDERAL EMER- OF THE RESERVE COMPONENTS AND ‘‘(C) are in a grade above the grade of brig- GENCY MANAGEMENT AGENCY. THE REGULAR COMPONENTS OF adier general. (a) CONTINUATION.— THE ARMED FORCES. ‘‘(2) The Chief and Vice Chief of the Na- (1) CONTINUATION AS PERMANENT PRO- (a) REPORT REQUIRED.— tional Guard Bureau may not both be mem- GRAM.—The Administrator of the Federal (1) IN GENERAL.—Not later than 180 days bers of the Army or of the Air Force. Emergency Management Agency shall con- after the date of the enactment of this Act, ‘‘(3)(A) Except as provided in subparagraph tinue the Task Force for Emergency Readi- the Secretary of Defense shall submit to the (B), an officer appointed as Vice Chief of the ness (TFER) pilot program of the Federal congressional defense committees a report National Guard Bureau serves for a term of Emergency Management Agency as a perma- setting forth a comparative analysis of the four years, but may be removed from office nent program of the Agency. costs of units of the regular components of at any time for cause. (2) LIMITATION ON TERMINATION.—The Ad- the Armed Forces with the costs of similar ‘‘(B) The term of the Vice Chief of the Na- ministrator may not terminate the Task units of the reserve components of the tional Guard Bureau shall end within a rea- Force for Emergency Readiness program, as Armed Forces. The analysis shall include a sonable time (as determined by the Sec- so continued, until authorized or required to separate comparison of the costs of units in retary of Defense) following the appointment terminate the program by law. the aggregate and of the costs of units solely of a Chief of the National Guard Bureau who (b) EXPANSION OF PROGRAM SCOPE.—As part when on active duty. is a member of the same armed force as the of the continuation of the Task Force for (2) SIMILAR UNITS.—For purposes of this Vice Chief. Emergency Readiness program pursuant to subsection, units of the regular components and reserve components shall be treated as ‘‘(b) DUTIES.—The Vice Chief of the Na- subsection (a), the Administrator shall carry tional Guard Bureau performs such duties as out the program in at least five States in ad- similar if such units have the same general may be prescribed by the Chief of the Na- dition to the five States in which the pro- structure, personnel, or function, or are sub- tional Guard Bureau. gram is carried out as of the date of the en- stantially composed of personnel having actment of this Act. identical or similar military occupational ‘‘(c) GRADE.—The Vice Chief of the Na- specialties (MOS). tional Guard Bureau shall be appointed to (c) ADDITIONAL FEMA ACTIVITIES.—As part (b) ASSESSMENT OF INCREASED RESERVE serve in the grade of lieutenant general. of the continuation of the Task Force for Emergency Readiness program pursuant to COMPONENT PRESENCE IN TOTAL FORCE ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When subsection (a), the Administrator shall— STRUCTURE.—The Secretary shall include in there is a vacancy in the office of the Chief (1) establish guidelines and standards to be the report required by subsection (a) an as- of the National Guard Bureau or in the ab- used by the States in strengthening the plan- sessment of the advisability of increasing sence or disability of the Chief, the Vice ning and planning capacities of the States the number of units and members of the re- Chief of the National Guard Bureau acts as with respect to responses to catastrophic dis- serve components of the Armed Forces with- Chief and performs the duties of the Chief aster emergencies; and in the total force structure of the Armed until a successor is appointed or the absence (2) develop a methodology for imple- Forces. The assessment shall take into ac- of disability ceases.’’. menting the Task Force for Emergency count the comparative analysis conducted (b) CONFORMING AMENDMENTS.— Readiness that includes goals and standards for purposes of subsection (a) and such other (1) Section 10502 of such title is amended for assessing the performance of the Task matters as the Secretary considers appro- by striking subsection (e). Force. priate for purposes of the assessment. (2) Section 10506(a)(1) of such title is (c) COMPTROLLER GENERAL REPORT.—Not (d) NATIONAL GUARD BUREAU ACTIVITIES.— amended by striking ‘‘and the Director of As part of the continuation of the Task later than 180 days after the date of the sub- the Joint Staff of the National Guard Bu- Force for Emergency Readiness program pur- mittal of the report required by subsection reau’’ and inserting ‘‘and the Vice Chief of suant to subsection (a), the Chief of the Na- (a), the Comptroller General of the United the National Guard Bureau’’. tional Guard Bureau shall— States shall submit to the congressional de- (c) CLERICAL AMENDMENTS.— (1) assist the Administrator in the estab- fense committees a report setting forth a re- (1) HEADING AMENDMENT.—The heading of lishment of the guidelines and standards, im- view of such report by the Comptroller Gen- section 10502 of such title is amended to read plementation methodology, and performance eral. The report of the Comptroller General as follows: goals and standards required by subsection shall include an assessment of the compara- tive analysis contained in the report re- ‘‘§ 10502. Chief of the National Guard Bureau: (c); quired by subsection (a) and of the assess- appointment; advisor on National Guard (2) in coordination with the Adminis- ment of the Secretary pursuant to sub- matters; grade’’. trator— section (b). (2) TABLE OF SECTIONS.—The table of sec- (A) identify, using catastrophic disaster re- sponse plans for each State developed under SEC. 1606. DISPLAY OF PROCUREMENT OF EQUIP- tions at the beginning of chapter 1011 of such MENT FOR THE RESERVE COMPO- title is amended— the program, any gaps in State civilian and NENTS OF THE ARMED FORCES (A) by striking the item relating to section military response capabilities that Federal UNDER ESTIMATED EXPENDITURES 10502 and inserting the following new item: military capabilities are unprepared to fill; FOR PROCUREMENT IN FUTURE- and YEARS DEFENSE PROGRAMS. ‘‘10502. Chief of the National Guard Bureau: (B) notify the Secretary of Defense, the Each future-years defense program sub- appointment; advisor on Na- Commander of the United States Northern mitted to Congress under section 221 of title tional Guard matters; grade.’’; Command, and the Commander of the United 10, United States Code, shall, in setting forth and States Pacific Command of any gaps in capa- estimated expenditures and item quantities (B) by striking the item relating to section bilities identified under subparagraph (A); for procurement for the Armed Forces for 10505 and inserting the following new item: and the fiscal years covered by such program, ‘‘10505. Vice Chief of the National Guard Bu- (3) acting through and in coordination with display separately under such estimated ex- reau.’’. the Adjutants General of the States, assist penditures and item quantities the estimated

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7719 expenditures for each such fiscal year for Commander, Army North Command, shall be water development and related agen- equipment for each reserve component of the an officer in the Army National Guard of the cies for the fiscal year ending Sep- Armed Forces that will receive items in any United States. tember 30, 2012, and for other purposes; fiscal year covered by such program. (b) COMMANDER OF AIR FORCE NORTH COM- which was ordered to lie on the table; SEC. 1607. ENHANCEMENT OF AUTHORITIES RE- MAND.—The officer serving in the position of LATING TO THE UNITED STATES Commander, Air Force North Command, as follows: NORTHERN COMMAND AND OTHER shall be an officer in the Air National Guard In the matter under the heading ‘‘FOSSIL COMBATANT COMMANDS. of the United States. ENERGY RESEARCH AND DEVELOPMENT’’ of (a) COMMANDS RESPONSIBLE FOR SUPPORT (c) SENSE OF CONGRESS.—It is the sense of title III, before the period at the end, insert TO CIVIL AUTHORITIES IN THE UNITED Congress that, in assigning officers to the the following: ‘‘: Provided further, That the STATES.—The United States Northern Com- command positions specified in subsections Secretary of Energy shall allocate an addi- mand and the United States Pacific Com- (a) and (b), the President should afford a tional $30,000,000 for the fossil energy re- mand shall be the combatant commands of preference in assigning officers in the Army search and development program of the De- the Armed Forces that are principally re- National Guard of the United States or Air partment of Energy, of which $10,000,000 shall sponsible for the support of civil authorities National Guard of the United States, as ap- be for the unconventional fossil energy ac- in the United States by the Armed Forces. count, $10,000,000 shall be for the advanced (b) DISCHARGE OF RESPONSIBILITY.—In dis- plicable, who have served as the adjutant energy systems account, and $10,000,000 shall charging the responsibility set forth in sub- general of a State. section (a), the Commander of the United SEC. 1609. AVAILABILITY OF FUNDS UNDER be for the natural gas technology account, to States Northern Command and the Com- STATE PARTNERSHIP PROGRAM FOR be derived by the transfer of $30,000,000 from mander of the United States Pacific Com- ADDITIONAL NATIONAL GUARD CON- the amount made available under the head- mand shall each— TACTS ON MATTERS WITHIN THE ing ‘ADVANCED RESEARCH PROJECTS AGENCY— CORE COMPETENCIES OF THE NA- ENERGY’ ’’. (1) in consultation with and acting through TIONAL GUARD. the Chief of the National Guard Bureau and The Secretary of Defense shall, in con- SA 1075. Mr. LEAHY submitted an the Joint Force Headquarters of the Na- sultation with the Secretary of State, mod- tional Guard of the State or States con- amendment intended to be proposed by ify the regulations prescribed pursuant to him to the bill S. 1867, to authorize ap- cerned, assist the States in the employment section 1210 of the National Defense Author- of the National Guard under State control, ization Act for Fiscal Year 2010 (Public Law propriations for fiscal year 2012 for including National Guard operations con- 111–84; 123 Stat. 2517; 32 U.S.C. 107 note) to military activities of the Department ducted in State active duty or under title 32, provide for the use of funds available pursu- of Defense, for military construction, United States Code; and ant to such regulations for contacts between and for defense activities of the De- (2) facilitate the deployment of the Armed members of the National Guard and civilian partment of Energy, to prescribe mili- Forces on active duty under title 10, United personnel of foreign governments outside the tary personnel strengths for such fiscal States Code, as necessary to augment and ministry of defense on matters within the support the National Guard in its support of year, and for other purposes; which was core competencies of the National Guard ordered to lie on the table; as follows: civil authorities when National Guard oper- such as the following: ations are conducted under State control, (1) Disaster response and mitigation. On page 361, line 9, insert after ‘‘a person whether in State active duty or under title (2) Defense support to civilian authorities. who is described in paragraph (2) who is cap- 32, United States Code. (3) Consequence management and installa- tured’’ the following: ‘‘abroad’’. (c) MEMORANDUM OF UNDERSTANDING.— tion protection. (1) MEMORANDUM REQUIRED.—Not later Mr. LEAHY submitted an (4) Chemical, biological, radiological, or SA 1076. than 180 days after the date of the enactment nuclear event (CBRNE) response. amendment intended to be proposed by of this Act, the Commander of the United (5) Border and port security and coopera- him to the bill S. 1867, to authorize ap- States Northern Command, the Commander tion with civilian law enforcement. propriations for fiscal year 2012 for of the United States Pacific Command, and (6) Search and rescue. military activities of the Department the Chief of the National Guard Bureau (7) Medical matters. shall, with the approval of the Secretary of of Defense, for military construction, (8) Counterdrug and counternarcotics ac- Defense, jointly enter into a memorandum of and for defense activities of the De- tivities. understanding setting forth the operational partment of Energy, to prescribe mili- (9) Public affairs. relationships, and individual roles and re- tary personnel strengths for such fiscal (10) Employer and family support of re- sponsibilities, during responses to domestic serve forces. year, and for other purposes; which was emergencies among the United States North- (11) Such other matters within the core ordered to lie on the table; as follows: ern Command, the United States Pacific competencies of the National Guard and Strike section 1035. Command, and the National Guard Bureau. suitable for contacts under the State Part- (2) MODIFICATION.—The Commander of the nership Program as the Secretary of Defense SA 1077. Mr. LEAHY submitted an United States Northern Command, the Com- shall specify. amendment intended to be proposed by mander of the United States Pacific Com- him to the bill S. 1867, to authorize ap- mand, and the Chief of the National Guard Mr. CARDIN (for himself Bureau may from time to time modify the SA 1073. propriations for fiscal year 2012 for memorandum of understanding under this and Ms. MIKULSKI) submitted an military activities of the Department subsection to address changes in cir- amendment intended to be proposed by of Defense, for military construction, cumstances and for such other purposes as him to the bill S. 1867, to authorize ap- and for defense activities of the De- the Commander of the United States North- propriations for fiscal year 2012 for partment of Energy, to prescribe mili- ern Command, the Commander of the United military activities of the Department tary personnel strengths for such fiscal States Pacific Command, and the Chief of of Defense, for military construction, year, and for other purposes; which was the National Guard Bureau jointly consider and for defense activities of the De- ordered to lie on the table; as follows: appropriate. Each such modification shall be partment of Energy, to prescribe mili- subject to the approval of the Secretary of On page 359, line 13, insert after ‘‘to detain Defense. tary personnel strengths for such fiscal covered persons (as defined in subsection (d) AUTHORITY TO MODIFY ASSIGNMENT OF year, and for other purposes; which was (b))’’ the following: ‘‘who are captured in the COMMAND RESPONSIBILITY.—Nothing in this ordered to lie on the table; as follows: course of hostilities’’. section shall be construed as altering or lim- At the end of subtitle H of title X, add the iting the power of the President or the Sec- following: SA 1078. Mr. LEAHY submitted an retary of Defense to modify the Unified Com- SEC. 1088. PROHIBITION ON EXPANSION OR OP- amendment intended to be proposed by mand Plan in order to assign all or part of ERATION OF DISTRICT OF COLUM- him to the bill S. 1867, to authorize ap- the responsibility described in subsection (a) BIA NATIONAL GUARD YOUTH CHAL- propriations for fiscal year 2012 for to a combatant command other than the LENGE PROGRAM IN ANNE ARUN- military activities of the Department United States Northern Command or the DEL COUNTY, MARYLAND. of Defense, for military construction, United States Pacific Command. Notwithstanding any other provision of (e) REGULATIONS.—The Secretary of De- law, no funds may be used to expand or oper- and for defense activities of the De- fense shall prescribe regulations for purposes ate the District of Columbia National Guard partment of Energy, to prescribe mili- of aiding the expeditious implementation of Youth Challenge Program in Anne Arundel tary personnel strengths for such fiscal the authorities and responsibilities in this County, Maryland. year, and for other purposes; which was section. ordered to lie on the table; as follows: SEC. 1608. REQUIREMENTS RELATING TO NA- SA 1074. Mr. ROCKEFELLER sub- TIONAL GUARD OFFICERS IN CER- Strike section 1031. TAIN COMMAND POSITIONS. mitted an amendment intended to be (a) COMMANDER OF ARMY NORTH COM- proposed by him to the bill H.R. 2354, SA 1079. Mr. LEAHY submitted an MAND.—The officer serving in the position of making appropriations for energy and amendment intended to be proposed by

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7720 CONGRESSIONAL RECORD — SENATE November 17, 2011 him to the bill S. 1867, to authorize ap- year, and for other purposes; which was and for defense activities of the De- propriations for fiscal year 2012 for ordered to lie on the table; as follows: partment of Energy, to prescribe mili- military activities of the Department At the end of subtitle C of title XII, add tary personnel strengths for such fiscal of Defense, for military construction, the following: year, and for other purposes; which was and for defense activities of the De- SEC. 1243. IMPOSITION OF SANCTIONS ON FOR- ordered to lie on the table; as follows: partment of Energy, to prescribe mili- EIGN FINANCIAL INSTITUTIONS At the end, insert the following: THAT CONDUCT TRANSACTIONS tary personnel strengths for such fiscal WITH THE CENTRAL BANK OF IRAN. DIVISION lll—IDENTITY THEFT AND year, and for other purposes; which was Section 104 of the Comprehensive Iran DATA PRIVACY ordered to lie on the table; as follows: Sanctions, Accountability, and Divestment SEC. l01. ORGANIZED CRIMINAL ACTIVITY IN Strike section 1032. Act of 2010 (22 U.S.C. 8513) is amended— CONNECTION WITH UNAUTHORIZED (1) by redesignating subsections (h) and (i) ACCESS TO PERSONALLY IDENTIFI- as subsections (i) and (j), respectively; and ABLE INFORMATION. SA 1080. Mr. LEAHY submitted an Section 1961(1) of title 18, United States amendment intended to be proposed by (2) by inserting after subsection (g) the fol- lowing new subsection: Code, is amended by inserting ‘‘section 1030 him to the bill S. 1867, to authorize ap- ‘‘(h) IMPOSITION OF SANCTIONS ON FOREIGN (relating to fraud and related activity in propriations for fiscal year 2012 for FINANCIAL INSTITUTIONS THAT CONDUCT connection with computers) if the act is a military activities of the Department TRANSACTIONS WITH THE CENTRAL BANK OF felony,’’ before ‘‘section 1084’’. of Defense, for military construction, IRAN.— SEC. l02. PENALTIES FOR FRAUD AND RELATED and for defense activities of the De- ‘‘(1) IN GENERAL.—Subject to paragraphs ACTIVITY IN CONNECTION WITH (2), (3), and (4), not later than 30 days after COMPUTERS. partment of Energy, to prescribe mili- Section 1030(c) of title 18, United States the date of the enactment of the National tary personnel strengths for such fiscal Code, is amended to read as follows: year, and for other purposes; which was Defense Authorization Act for Fiscal Year ‘‘(c) The punishment for an offense under 2012, the President shall— ordered to lie on the table; as follows: subsection (a) or (b) of this section is— ‘‘(A) prohibit the opening or maintaining ‘‘(1) a fine under this title or imprisonment On page 361, line 9, insert after ‘‘a person in the United States of a correspondent ac- who is described in paragraph (2) who is cap- for not more than 20 years, or both, in the count or a payable-through account by a for- case of an offense under subsection (a)(1) of tured’’ the following: ‘‘abroad or on a United eign financial institution that the President States military facility’’. this section; determines has knowingly conducted any fi- ‘‘(2)(A) except as provided in subparagraph nancial transaction with the Central Bank of (B), a fine under this title or imprisonment SA 1081. Mr. LEAHY submitted an Iran; and amendment intended to be proposed by for not more than 3 years, or both, in the ‘‘(B) freeze and prohibit all transactions in case of an offense under subsection (a)(2); or him to the bill S. 1867, to authorize ap- all property and interests in property of each ‘‘(B) a fine under this title or imprison- propriations for fiscal year 2012 for such foreign financial institution if such ment for not more than ten years, or both, in military activities of the Department property and interests in property are in the the case of an offense under paragraph (a)(2) of Defense, for military construction, United States, come within the United of this section, if— and for defense activities of the De- States, or are or come within the possession ‘‘(i) the offense was committed for pur- or control of a United States person. partment of Energy, to prescribe mili- poses of commercial advantage or private fi- ‘‘(2) EXCEPTION FOR SALES OF FOOD, MEDI- nancial gain; tary personnel strengths for such fiscal CINE, AND MEDICAL DEVICES.—The President year, and for other purposes; which was ‘‘(ii) the offense was committee in the fur- may not impose sanctions under paragraph therance of any criminal or tortious act in ordered to lie on the table; as follows: (1) on a foreign financial institution for en- violation of the Constitution or laws of the Strike subtitle D of title X. gaging in a transaction with the Central United States, or of any State; or Bank of Iran for the sale of food, medicine, ‘‘(iii) the value of the information ob- SA 1082. Mr. LEAHY submitted an or medical devices to Iran. tained, or that would have been obtained if amendment intended to be proposed by ‘‘(3) APPLICABILITY.— the offense was completed, exceeds $5,000; him to the bill S. 1867, to authorize ap- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(3) a fine under this title or imprisonment propriations for fiscal year 2012 for subparagraph (B), paragraph (1) applies with for not more than 1 year, or both, in the case respect to financial transactions commenced military activities of the Department of an offense under subsection (a)(3) of this on or after the date of the enactment of the section; of Defense, for military construction, National Defense Authorization Act for Fis- and for defense activities of the De- ‘‘(4) a fine under this title or imprisonment cal Year 2012. of not more than 20 years, or both, in the partment of Energy, to prescribe mili- ‘‘(B) PETROLEUM TRANSACTIONS.—Para- case of an offense under subsection (a)(4) of tary personnel strengths for such fiscal graph (1) applies with respect to financial this section; year, and for other purposes; which was transactions for the purchase of petroleum ‘‘(5)(A) except as provided in subparagraph ordered to lie on the table; as follows: or petroleum products through the Central (D), a fine under this title, imprisonment for Bank of Iran commenced on or after the date Strike section 1033. not more than 20 years, or both, in the case that is 180 days after the date of the enact- of an offense under subsection (a)(5)(A) of Mr. LEAHY submitted an ment of the National Defense Authorization this section, if the offense caused— SA 1083. Act for Fiscal Year 2012. amendment intended to be proposed by ‘‘(i) loss to 1 or more persons during any 1- ‘‘(4) WAIVER.— year period (and, for purposes of an inves- him to the bill S. 1867, to authorize ap- ‘‘(A) IN GENERAL.—The President may propriations for fiscal year 2012 for tigation, prosecution, or other proceeding waive the application of paragraph (1) with brought by the United States only, loss re- military activities of the Department respect to a foreign financial institution for sulting from a related course of conduct af- of Defense, for military construction, a period of not more than 60 days, and may fecting 1 or more other protected computers) and for defense activities of the De- renew that waiver for additional periods of aggregating at least $5,000 in value; partment of Energy, to prescribe mili- not more than 60 days, if the President de- ‘‘(ii) the modification or impairment, or tary personnel strengths for such fiscal termines and reports to the appropriate con- potential modification or impairment, of the gressional committees every 60 days that the medical examination, diagnosis, treatment, year, and for other purposes; which was waiver is necessary to the national security ordered to lie on the table; as follows: or care of 1 or more individuals; interest of the United States. ‘‘(iii) physical injury to any person; Strike section 1034. ‘‘(B) FORM.—A report submitted pursuant ‘‘(iv) a threat to public health or safety; to subparagraph (A) shall be submitted in ‘‘(v) damage affecting a computer used by, Mr. MCCONNELL (for Mr. SA 1084. unclassified form, but may contain a classi- or on behalf of, an entity of the United KIRK (for himself, Mr. JOHANNS, Mr. fied annex. States Government in furtherance of the ad- MANCHIN, Mr. HELLER, Mr. BLUNT, Mr. ‘‘(5) FOREIGN FINANCIAL INSTITUTION.—For ministration of justice, national defense, or ROBERTS, Mr. RUBIO, Mr. BROWN of purposes of this subsection, the term ‘foreign national security; or financial institution’ includes a financial in- Massachusetts, Mr. COATS, and Mr. ‘‘(vi) damage affecting 10 or more pro- stitution owned or controlled by a foreign TESTER)) proposed an amendment to tected computers during any 1-year period; government.’’. the bill S. 1867, to authorize appropria- ‘‘(B) a fine under this title, imprisonment tions for fiscal year 2012 for military SA 1085. Mr. LEAHY submitted an for not more than 10 years, or both, in the activities of the Department of De- case of an offense under subsection (a)(5)(B), amendment intended to be proposed by if the offense caused a harm provided in fense, for military construction, and him to the bill S. 1867, to authorize ap- clause (i) through (vi) of subparagraph (A) of for defense activities of the Depart- propriations for fiscal year 2012 for this subsection; ment of Energy, to prescribe military military activities of the Department ‘‘(C) if the offender attempts to cause or personnel strengths for such fiscal of Defense, for military construction, knowingly or recklessly causes death from

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7721 conduct in violation of subsection (a)(5)(A), a United States Code, shall be performed by inserting after the item relating to section fine under this title, imprisonment for any such officers, agents and other persons as 1030 the following: term of years or for life, or both; or may be designated for that purpose by the ‘‘Sec. 1030A. Aggravated damage to a crit- ‘‘(D) a fine under this title, imprisonment Secretary of Homeland Security or the At- ical infrastructure computer.’’. for not more than 1 year, or both, for any torney General.’’. other offense under subsection (a)(5); SEC. l06. DAMAGE TO CRITICAL INFRASTRUC- SEC. l07. LIMITATION ON CERTAIN ACTIONS IN- ‘‘(6) a fine under this title or imprisonment TURE COMPUTERS. VOLVING UNAUTHORIZED USE. for not more than 10 years, or both, in the (a) IN GENERAL.—Chapter 47 of title 18, Section 1030(a)(2) of title 18, United States case of an offense under subsection (a)(6) of United States Code, is amended by inserting Code, is amended by striking subsection this section; or after section 1030 the following: (a)(2) and inserting the following: ‘‘(7) a fine under this title or imprisonment ‘‘SEC. 1030A. AGGRAVATED DAMAGE TO A CRIT- ‘‘(2) intentionally accesses a computer — for not more than 10 years, or both, in the ICAL INFRASTRUCTURE COMPUTER. ‘‘(A) without authorization, and thereby case of an offense under subsection (a)(7) of ‘‘(a) DEFINITIONS.—In this section— obtains— this section.’’. ‘‘(1) the terms ‘computer’ and ‘damage’ ‘‘(i) information contained in a financial SEC. l03. TRAFFICKING IN PASSWORDS. have the meanings given such terms in sec- record of a financial institution, or of a card Section 1030(a) of title 18, United States tion 1030; and issuer as defined in section 1602(n) of title 15, Code, is amended by striking paragraph (6) ‘‘(2) the term ‘critical infrastructure com- or contained in a file of a consumer report- and inserting the following: puter’ means a computer that manages or ing agency on a consumer, as such terms are ‘‘(6) knowingly and with intent to defraud controls systems or assets vital to national defined in the Fair Credit Reporting Act (15 traffics (as defined in section 1029) in— defense, national security, national eco- U.S.C. 1681 et seq.); ‘‘(A) any password or similar information nomic security, public health or safety, or ‘‘(ii) information from any department or through which a protected computer as de- any combination of those matters, whether agency of the United States; or fined in subparagraphs (A) and (B) of sub- publicly or privately owned or operated, in- ‘‘(iii) information from any protected com- section (e)(2) may be accessed without au- cluding— puter; or thorization; or ‘‘(A) gas and oil production, storage, and ‘‘(B) in excess of authorization, thereby ob- ‘‘(B) any means of access through which a delivery systems; tains— protected computer as defined in subsection ‘‘(B) water supply systems; ‘‘(i) information defined in subparagraph (e)(2)(A) may be accessed without authoriza- ‘‘(C) telecommunication networks; (A) (i) through (iii); and tion.’’. ‘‘(D) electrical power delivery systems; ‘‘(ii) the offense involves— SEC. l04. CONSPIRACY AND ATTEMPTED COM- ‘‘(E) finance and banking systems; ‘‘(I) information that exceeds $5,000 in PUTER FRAUD OFFENSES. ‘‘(F) emergency services; value; Section 1030(b) of title 18, United States ‘‘(G) transportation systems and services; ‘‘(II) sensitive or private information in- Code, is amended by inserting ‘‘for the com- and volving an identifiable individual or entity pleted offense’’ after ‘‘punished as provided’’. ‘‘(H) government operations that provide (including such information in the posses- SEC. l05. CRIMINAL AND CIVIL FORFEITURE essential services to the public. sion of a third party), including medical FOR FRAUD AND RELATED ACTIVITY ‘‘(b) OFFENSE.—It shall be unlawful to, dur- records, wills, diaries, private correspond- IN CONNECTION WITH COMPUTERS. ing and in relation to a felony violation of ence, government-issued identification num- Section 1030 of title 18, United States Code, section 1030, intentionally cause or attempt bers, unique biometric data, financial is amended by striking subsections (i) and (j) to cause damage to a critical infrastructure records, photographs of a sensitive or private and inserting the following: computer, and such damage results in (or, in nature, trade secrets, commercial business ‘‘(i) CRIMINAL FORFEITURE.— the case of an attempt, would, if completed information, or other similar information; ‘‘(1) The court, in imposing sentence on have resulted in) the substantial impair- ‘‘(III) information that has been properly any person convicted of a violation of this ment— classified by the United States Government section, or convicted of conspiracy to violate ‘‘(1) of the operation of the critical infra- pursuant to an Executive Order or statute, this section, shall order, in addition to any structure computer; or or determined by the United States Govern- other sentence imposed and irrespective of ‘‘(2) of the critical infrastructure associ- ment pursuant to an Executive order or stat- any provision of State law, that such person ated with the computer. ute to require protection against unauthor- forfeit to the United States— ‘‘(c) PENALTY.—Any person who violates ized disclosure for reasons of national secu- ‘‘(A) such person’s interest in any prop- subsection (b) shall be fined under this title, rity, national defense, or foreign relations, erty, real or personal, that was used, or in- imprisoned for not less than 3 years nor or any restricted data, as defined in para- tended to be used, to commit or facilitate more than 20 years, or both. graph y of section 11 of the Atomic Energy the commission of such violation; and ‘‘(d) CONSECUTIVE SENTENCE.—Notwith- Act of 1954; or ‘‘(B) any property, real or personal, consti- standing any other provision of law— ‘‘(IV) information obtained from a com- tuting or derived from any gross proceeds, or ‘‘(1) a court shall not place on probation puter used by, or on behalf of, a government any property traceable to such property, any person convicted of a violation of this entity.’’. that such person obtained, directly or indi- section; SEC. l08. REPORTING OF CERTAIN CRIMINAL rectly, as a result of such violation. ‘‘(2) except as provided in paragraph (4), no CASES. ‘‘(2) The criminal forfeiture of property term of imprisonment imposed on a person Section 1030 of title 18, United States Code, under this subsection, including any seizure under this section shall run concurrently is amended by adding at the end the fol- and disposition of the property, and any re- with any other term of imprisonment, in- lowing: lated judicial or administrative proceeding, cluding any term of imprisonment imposed shall be governed by the provisions of sec- on the person under any other provision of ‘‘(k) REPORTING CERTAIN CRIMINAL CASES.— tion 413 of the Comprehensive Drug Abuse law, including any term of imprisonment im- Not later than 1 year after the date of the Prevention and Control Act of 1970 (21 U.S.C. posed for the felony violation section 1030; enactment of this Act, and annually there- 853), except subsection (d) of that section. ‘‘(3) in determining any term of imprison- after, the Attorney General shall report to ‘‘(j) CIVIL FORFEITURE.— ment to be imposed for a felony violation of the Committee on the Judiciary of the Sen- ‘‘(1) The following shall be subject to for- section 1030, a court shall not in any way re- ate and the Committee on the Judiciary of feiture to the United States and no property duce the term to be imposed for such crime the House of Representatives the number of right, real or personal, shall exist in them: so as to compensate for, or otherwise take criminal cases brought under subsection ‘‘(A) Any property, real or personal, that into account, any separate term of imprison- (a)(2)(B), as amended by this Act.’’. was used, or intended to be used, to commit ment imposed or to be imposed for a viola- or facilitate the commission of any violation tion of this section; and SA 1086. Mr. ROBERTS (for himself of this section, or a conspiracy to violate ‘‘(4) a term of imprisonment imposed on a and Mr. MORAN) submitted an amend- this section. person for a violation of this section may, in ment intended to be proposed by him ‘‘(B) Any property, real or personal, consti- the discretion of the court, run concurrently, to the bill S. 1867, to authorize appro- tuting or derived from any gross proceeds ob- in whole or in part, only with another term tained directly or indirectly, or any property of imprisonment that is imposed by the priations for fiscal year 2012 for mili- traceable to such property, as a result of the court at the same time on that person for an tary activities of the Department of commission of any violation of this section, additional violation of this section, provided Defense, for military construction, and or a conspiracy to violate this section. that such discretion shall be exercised in ac- for defense activities of the Depart- ‘‘(2) Seizures and forfeitures under this cordance with any applicable guidelines and ment of Energy, to prescribe military subsection shall be governed by the provi- policy statements issued by the United personnel strengths for such fiscal sions in chapter 46 of title 18, United States States Sentencing Commission pursuant to year, and for other purposes; which was Code, relating to civil forfeitures, except section 994 of title 28.’’. ordered to lie on the table; as follows: that such duties as are imposed on the Sec- (b) TECHNICAL AND CONFORMING AMEND- retary of the Treasury under the customs MENT.—The table of sections for chapter 47 of At the end of subtitle I of title V, add the laws described in section 981(d) of title 18, title 18, United States Code, is amended by following:

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7722 CONGRESSIONAL RECORD — SENATE November 17, 2011 SEC. lll. AUTHORIZATION AND REQUEST FOR file that is not exempt in its entirety from SA 1089. Mr. BROWN of Massachu- AWARD OF MEDAL OF HONOR TO such disclosure. setts submitted an amendment in- EMIL KAPAUN FOR ACTS OF VALOR (c) DELEGATION.—The Secretary of Defense tended to be proposed by him to the DURING THE KOREAN WAR. may delegate the authority to make a deter- (a) AUTHORIZATION.—Notwithstanding the bill S. 1867, to authorize appropriations mination under subsection (a) or (b) to any time limitations specified in section 3744 of civilian official in the Department of De- for fiscal year 2012 for military activi- title 10, United States Code, or any other fense or a military department who is ap- ties of the Department of Defense, for time limitation with respect to the awarding pointed by the President, by and with the ad- military construction, and for defense of certain medals to persons who served in vice and consent of the Senate. activities of the Department of Energy, the Armed Forces, the President is author- (d) TRANSPARENCY.—Each determination of to prescribe military personnel ized and requested to award the Medal of the Secretary, or the Secretary’s designee, Honor posthumously under section 3741 of strengths for such fiscal year, and for under subsection (a) or (b) shall be made in other purposes; which was ordered to such title to Emil Kapaun for the acts of writing and accompanied by a statement of valor during the Korean War described in the basis for the determination. All such de- lie on the table; as follows: subsection (b). terminations and statements of basis shall At the end of subtitle D of title V, add the (b) ACTS OF VALOR DESCRIBED.—The acts of be available to the public, upon request, following: valor referred to in subsection (a) are the ac- through the office of the Assistant Secretary SEC. 547. DISCLOSURE REQUIREMENTS FOR tions of then Captain Emil Kapaun as a of Defense for Public Affairs. POST-SECONDARY INSTITUTIONS member of the 8th Cavalry Regiment during (e) DEFINITIONS.—In this section: PARTICIPATING IN DEPARTMENT OF the Battle of Unsan on November 1 and 2, (1) The term ‘‘Department of Defense crit- DEFENSE TUITION ASSISTANCE PRO- 1950, and while a prisoner of war until his GRAMS. ical infrastructure security information’’ death on May 23, 1951, during the Korean means sensitive but unclassified information (a) IN GENERAL.—Not later than 180 days War. that could substantially facilitate the effec- after the date of the enactment of this Act, tiveness of an attack designed to destroy the Secretary of Defense, in consultation SA 1087. Mr. LEAHY submitted an with the Secretary of Education, shall pre- amendment intended to be proposed by equipment, create maximum casualties, or steal particularly sensitive military weapons scribe regulations requiring post-secondary him to the bill S. 1867, to authorize ap- including information regarding the securing education institutions that participate in propriations for fiscal year 2012 for and safeguarding of explosives, hazardous Department of Defense tuition assistance military activities of the Department chemicals, or pipelines, related to critical in- programs, as a condition of such participa- of Defense, for military construction, frastructure or protected systems owned or tion, to disclose with respect to each student operated by or on behalf of the Department receiving such tuition assistance the fol- and for defense activities of the De- lowing information: partment of Energy, to prescribe mili- of Defense, including vulnerability assess- ments prepared by or on behalf of the De- (1) Whether the successful completion of tary personnel strengths for such fiscal the advertised education or training program year, and for other purposes; which was partment, explosives safety information (in- cluding storage and handling), and other by a student meets prerequisites for the pur- ordered to lie on the table; as follows: site-specific information on or relating to in- pose of applying for and completing an ex- Strike section 1044 and insert the fol- stallation security. amination or license required as a pre- lowing: (2) The term ‘‘data file’’ means a file of the condition for employment in the occupation SEC. 1044. TREATMENT UNDER FREEDOM OF IN- Military Flight Operations Quality Assur- for which the program is represented to pre- FORMATION ACT OF CERTAIN SEN- ance system that contains information ac- pare the student. SITIVE NATIONAL SECURITY INFOR- quired or generated by the Military Flight (2) The completion date of degree, certifi- MATION. Operations Quality Assurance system, in- cation, or license sought by the student par- (a) CRITICAL INFRASTRUCTURE SECURITY IN- cluding the following: ticipating in the tuition assistance program. FORMATION.— (b) APPLICABILITY.—For purposes of this (A) Any data base containing raw Military (1) IN GENERAL.—The Secretary of Defense section, the term ‘‘Department of Defense Flight Operations Quality Assurance data. may exempt Department of Defense critical tuition assistance program’’ applies to finan- (B) Any analysis or report generated by infrastructure security information from dis- cial tuition assistance provided by the De- the Military Flight Operations Quality As- closure under section 552 of title 5, United partment of Defense to active duty surance system or which is derived from States Code, upon a written determination servicemembers and eligible spouses. Military Flight Operations Quality Assur- that— ance data. (A) the disclosure of such information SA 1090. Mr. BROWN of Massachu- would reveal vulnerabilities in such infra- Mr. BROWN of Massachu- setts submitted an amendment in- structure that, if exploited, could result in SA 1088. setts submitted an amendment in- tended to be proposed by him to the the disruption, degradation, or destruction bill S. 1867, to authorize appropriations of Department of Defense operations, prop- tended to be proposed by him to the erty, or facilities; and bill S. 1867, to authorize appropriations for fiscal year 2012 for military activi- (B) the public interest in the disclosure of for fiscal year 2012 for military activi- ties of the Department of Defense, for such information does not outweigh the Gov- ties of the Department of Defense, for military construction, and for defense ernment’s interest in withholding such infor- military construction, and for defense activities of the Department of Energy, mation from the public. activities of the Department of Energy, to prescribe military personnel (2) INFORMATION PROVIDED TO STATE OR to prescribe military personnel strengths for such fiscal year, and for LOCAL FIRST RESPONDERS.—Critical infra- strengths for such fiscal year, and for other purposes; which was ordered to structure security information covered by a lie on the table; as follows: written determination under this subsection other purposes; which was ordered to that is provided to a State or local govern- lie on the table; as follows: At the end of title VI, add the following: ment to assist first responders in the event At the end of subtitle C of title III, add the Subtitle D—Pay and Allowances that emergency assistance should be re- following: SEC. 641. NO REDUCTION IN BASIC ALLOWANCE quired shall be deemed to remain under the SEC. 325. PUBLIC-PRIVATE COMPETITIONS FOR FOR HOUSING FOR NATIONAL control of the Department of Defense. CONVERSION OF DEPARTMENT OF GUARD MEMBERS WHO TRANSITION (b) MILITARY FLIGHT OPERATIONS QUALITY DEFENSE FUNCTIONS TO PERFORM- BETWEEN ACTIVE DUTY AND FULL- ASSURANCE SYSTEM.—The Secretary of De- ANCE BY CONTRACTORS. TIME NATIONAL GUARD DUTY WITH- fense may exempt information contained in Section 325 of the National Defense Au- OUT A BREAK IN ACTIVE SERVICE. any data file of the Military Flight Oper- thorization Act for Fiscal Year 2010 (Public Section 403(g) of title 37, United States ations Quality Assurance system of a mili- Law 111–84; 123 Stat. 2253) is amended— Code, is amended by adding at the end the tary department from disclosure under sec- (1) by striking subsection (a) and inserting following new paragraph: tion 552 of title 5, United States Code, upon the following new subsection: ‘‘(6) The rate of basic allowance for hous- a written determination that the disclosure ‘‘(a) IMPLEMENTATION OF POLICY ON PUBLIC- ing to be paid a member of the Army Na- of such information in the aggregate (and PRIVATE COMPETITIONS.—The Secretary of tional Guard of the United States or the Air when combined with other information al- Defense shall prescribe regulations to ensure National Guard of the United States shall ready in the public domain) would reveal that the findings in the report required not be reduced upon the transition of the sensitive information regarding the tactics, under subsection (b) and any conclusions or member from active duty to full-time Na- techniques, procedures, processes, or oper- recommendations of the Comptroller Gen- tional Guard duty, or from full-time Na- ational and maintenance capabilities of mili- eral included in the report required under tional Guard duty to active duty, when the tary combat aircraft, units, or aircrews. In- subsection (c) are implemented not later transition occurs without a break in active formation covered by a written determina- than one year after the date of the enact- service.’’. tion under this subsection shall be exempt ment of the National Defense Authorization from disclosure under such section 552 even Act for Fiscal Year 2012.’’; and SA 1091. Mr. SANDERS submitted an when such information is contained in a data (2) by striking subsection (d). amendment intended to be proposed to

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7723 amendment SA 957 proposed by Mr. (2) CONTRACTOR RESPONSIBILITIES.—The re- rity shall establish a program of enhanced REID to the bill H.R. 2354, making ap- vised regulations issued pursuant to para- inspection by U.S. Customs and Border Pa- propriations for energy and water de- graph (1) shall provide that— trol of electronic parts imported from any velopment and related agencies for the (A) contractors on Department of Defense country that has been determined by the contracts for products that include elec- Secretary of Defense to have been a signifi- fiscal year ending September 30, 2012, tronic parts are responsible for detecting and cant source of counterfeit electronic parts or and for other purposes; which was or- avoiding the use or inclusion of counterfeit suspect counterfeit electronic parts in the dered to lie on the table; as follows: electronic parts or suspect counterfeit elec- supply chain for products purchased by the On page 181, after line 9, insert the fol- tronic parts in such products and for any re- Department of Defense over the previous five lowing: work or corrective action that may be re- years. SEC. ll. (a) The Comptroller General of quired to remedy the use or inclusion of such (2) INFORMATION SHARING.—In carrying out the United States shall conduct a study re- parts; and the program required under paragraph (1) garding State legislative actions during the (B) the cost of counterfeit electronic parts and in accordance with regulations issued by 10 years prior to the date of enactment of and suspect counterfeit electronic parts and the Secretary of Homeland Security, the this Act that may affect voter registration the cost of rework or corrective action that Secretary is authorized to provide the owner or voting. The study shall identify, by State, may be required to remedy the use or inclu- of a copyright or registered mark (as defined what documents are required in order to ob- sion of such parts are not allowable costs in section 1127 of title 15, United States tain sufficient identification for registration under such contracts. Code) any information appearing on the im- or voting, the cost to the individual for those (3) TRUSTED SUPPLIERS.—The revised regu- ported merchandise or its retail packaging, documents, and what access is available to lations issued pursuant to paragraph (1) and a sample of such merchandise and its re- the State agencies responsible for providing shall— tail packaging in their condition as pre- that documentation, including hours of oper- (A) require that, whenever possible, the sented for customs examination, as well as ation and geographic distribution of the Department of Defense and Department of any packing material that bears an accused agencies. The study shall identity the States Defense contractors and subcontractors— mark or work, when necessary in the view of that have passed voter identification legisla- (i) obtain electronic parts that are in pro- the Secretary to assist the Secretary with tion, the States that are providing free iden- duction or currently available in stock from determining whether the copyright has been tification, the number of free identifications the original manufacturers of the parts or pirated or the registered mark has been that have been provided by each such State, their authorized dealers, or from trusted sup- counterfeited. pliers who obtain such parts exclusively and which agencies in each such State have (c) CONTRACTOR SYSTEMS FOR DETECTION from the original manufacturers of the parts provided those identifications. The study AND AVOIDANCE OF COUNTERFEIT AND SUSPECT or their authorized dealers; and shall collect data on any prosecutions or COUNTERFEIT ELECTRONIC PARTS.— (ii) obtain electronic parts that are not in convictions for voter impersonation fraud (1) IN GENERAL.—Not later than 270 days production or currently available in stock within each State during the 10 years prior after the date of the enactment of this Act, from trusted suppliers; to the date of enactment of this Act. The the Secretary of Defense shall implement a (B) establish requirements for notification study shall also examine the extent to which program for the improvement of contractor of the Department of Defense, inspection, each State complies with data requests from test, and authentication of electronic parts systems for the detection and avoidance of the Federal Election Commission. The that the Department of Defense or a Depart- counterfeit electronic parts and suspect Comptroller General shall collect this data ment of Defense contractor or subcontractor counterfeit electronic parts. to the extent available and shall identify any obtains from any source other than a source (2) ELEMENTS.—The program developed limitations in collecting such data. Not later described in subparagraph (A); pursuant to paragraph (1) shall— than 120 days after the date of enactment of (C) establish qualification requirements, (A) require covered contractors to adopt this Act, the Government Accountability Of- consistent with the requirements of section and implement policies and procedures, con- fice shall provide an interim briefing to the 2319 of title 10, United States Code, pursuant sistent with applicable industry standards, committees of jurisdiction of the Senate and to which the Department of Defense may for the detection and avoidance of counter- the House of Representatives on the study identify trusted suppliers that have appro- feit electronic parts and suspect counterfeit conducted under this subsection. Members of priate policies and procedures in place to de- electronic parts, including policies and pro- Congress may request clarifying information tect and avoid counterfeit electronic parts cedures for training personnel, designing and as appropriate based on the information pro- and suspect counterfeit electronic parts; and maintaining systems to mitigate risks asso- vided in the briefing. (D) authorize Department of Defense con- ciated with parts obsolescence, making (b) Not later than 11 months after the date tractors and subcontractors to identify and sourcing decisions, prioritizing mission crit- of enactment of this Act, the Comptroller use additional trusted suppliers, provided ical and sensitive components, ensuring General shall submit to the committees of that— traceability of parts, developing lists of jurisdiction of the Senate and the House of (i) the standards and processes for identi- trusted and untrusted suppliers, flowing Representatives a final report containing the fying such trusted suppliers complies with down requirements to subcontractors, in- results of the study conducted under sub- established industry standards; specting and testing parts, reporting and section (a). (ii) the contractor or subcontractor as- quarantining suspect counterfeit electronic sumes responsibility for the authenticity of parts and counterfeit electronic parts, and SA 1092. Mr. LEVIN (for himself, Mr. parts provided by such supplier as provided taking corrective action; MCCAIN, Mr. AKAKA, Mr. CHAMBLISS, in paragraph (2); and (B) establish processes for the review and Mr. BLUMENTHAL, Mr. INHOFE, Mrs. (iii) the selection of such trusted suppliers approval or disapproval of contractor sys- GILLIBRAND, Mr. NELSON of Nebraska, is subject to review and audit by appropriate tems for the detection and avoidance of counterfeit electronic parts and suspect Ms. STABENOW, Mr. UDALL of Colorado, Department of Defense officials. counterfeit electronic parts, comparable to Mr. WEBB, Mr. MANCHIN, and Mr. (4) REPORTING REQUIREMENT.—The revised regulations issued pursuant to paragraph (1) the processes established for contractor busi- WHITEHOUSE) proposed an amendment shall require that any Department of De- ness systems under section 893 of the Ike to the bill S. 1867, to authorize appro- fense contractor or subcontractor who be- Skelton National Defense Authorization Act priations for fiscal year 2012 for mili- comes aware, or has reason to suspect, that for Fiscal Year 2011 (Public Law 111–383; 124 tary activities of the Department of any end item, component, part, or material Stat. 4311; 10 U.S.C. 2302 note); and Defense, for military construction, and contained in supplies purchased by the De- (C) effective beginning one year after the for defense activities of the Depart- partment of Defense, or purchased by a con- date of the enactment of this Act, authorize ment of Energy, to prescribe military tractor of subcontractor for delivery to, or the withholding of payments as provided in on behalf of, the Department of Defense, con- subsection (c) of such section, in the event personnel strengths for such fiscal that a contractor system for detection and year, and for other purposes; as fol- tains counterfeit electronic parts or suspect counterfeit electronic parts, shall provide a avoidance of counterfeit electronic parts is lows: written report on the matter within 30 cal- disapproved pursuant to subparagraph (B) At the end of subtitle C of title VIII, add endar days to the Inspector General of the and has not subsequently received approval. the following: Department of Defense, the contracting offi- (3) COVERED CONTRACTOR AND COVERED CON- SEC. 848. DETECTION AND AVOIDANCE OF COUN- cer for the contract pursuant to which the TRACT DEFINED.—In this subsection, the TERFEIT ELECTRONIC PARTS. supplies are purchased, and the Government- terms ‘‘covered contractor’’ and ‘‘covered (a) REVISED REGULATIONS REQUIRED.— Industry Data Exchange Program or a simi- contract’’ have the meanings given such (1) IN GENERAL.—Not later than 180 days lar program designated by the Secretary of terms in section 893(f) of the Ike Skelton Na- after the date of the enactment of this Act, Defense. tional Defense Authorization Act for Fiscal the Secretary of Defense shall revise the De- (b) INSPECTION OF IMPORTED ELECTRONIC Year 2011 (Public Law 111–383; 124 Stat. 4312; partment of Defense Supplement to the Fed- PARTS.— 10 U.S.C. 2302 note). eral Acquisition Regulation to address the (1) INSPECTION PROGRAM.—Not later than (d) DEPARTMENT OF DEFENSE RESPONSIBIL- detection and avoidance of counterfeit elec- 270 days after the date of the enactment of ITIES.—Not later than 270 days after the date tronic parts. this Act, the Secretary of Homeland Secu- of the enactment of this Act, the Secretary

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of Defense shall take steps to address short- ‘‘(C) SUBSEQUENT OFFENSES.— (C) ensure reasonable consistency with comings in Department of Defense systems ‘‘(i) INDIVIDUAL.—An individual who com- other relevant directives and guidelines and for the detection and avoidance of counter- mits an offense described in subparagraph Federal statutes; feit electronic parts and suspect counterfeit (A) after the individual is convicted of an of- (D) make any necessary conforming electronic parts. Such steps shall include, at fense under subparagraph (A) shall be fined changes to the guidelines; and a minimum, the following: not more than $15,000,000, imprisoned not (E) ensure that the guidelines relating to (1) Policies and procedures applicable to more than 30 years, or both. offenses under section 2320(a) of title 18, Department of Defense components engaged ‘‘(ii) PERSON OTHER THAN AN INDIVIDUAL.—A United States Code, adequately meet the in the purchase of electronic parts, including person other than an individual that com- purposes of sentencing, as described in sec- requirements for training personnel, making mits an offense described in subparagraph tion 3553(a)(2) of title 18, United States Code. sourcing decisions, ensuring traceability of (A) after the person is convicted of an offense (4) EMERGENCY AUTHORITY.—The United parts, inspecting and testing parts, reporting under subparagraph (A) shall be fined not States Sentencing Commission shall— and quarantining suspect counterfeit elec- more than $30,000,000.’’; and (A) promulgate the guidelines, policy tronic parts and counterfeit electronic parts, (2) in subsection (e)— statements, or amendments provided for in and taking corrective action. The policies (A) in paragraph (1), by striking the period this Act as soon as practicable, and in any and procedures developed by the Secretary at the end and inserting a semicolon; event not later than 180 days after the date under this paragraph shall prioritize mission (B) in paragraph (3), by striking ‘‘and’’ at of the enactment of this Act, in accordance critical and sensitive components. the end; with the procedure set forth in section 21(a) (2) The establishment of a system for en- (C) in paragraph (4), by striking the period of the Sentencing Act of 1987 (28 U.S.C. 994 suring that government employees who be- at the end and inserting a semicolon; and note), as though the authority under that come aware of, or have reason to suspect, (D) by adding at the end the following: Act had not expired; and that any end item, component, part, or ma- ‘‘(5) the term ‘falsely identified as meeting (B) pursuant to the emergency authority terial contained in supplies purchased by or military standards’ relating to a good or provided under subparagraph (A), make such for the Department of Defense contains service means there is a material misrepre- conforming amendments to the Federal Sen- counterfeit electronic parts or suspect coun- sentation that the good or service meets a tencing Guidelines as the Commission deter- terfeit electronic parts are required to pro- standard, requirement, or specification mines necessary to achieve consistency with vide a written report on the matter within 30 issued by the Department of Defense, an other guideline provisions and applicable calendar days to the Inspector General of the Armed Force, or a reserve component; and law. Department of Defense, the contracting offi- ‘‘(6) the term ‘use in a military or national (g) DEFINITIONS.— cer for the contract pursuant to which the security application’ means the use of a good (1) COUNTERFEIT ELECTRONIC PART.—The supplies are purchased, and the Government- or service, independently, in conjunction Secretary of Defense shall define the term Industry Data Exchange Program or a simi- with, or as a component of another good or ‘‘counterfeit electronic part’’ for the pur- lar program designated by the Secretary of service— poses of this section. Such definition shall Defense. ‘‘(A) during the performance of the official include used electronic parts that are rep- (3) A process for analyzing, assessing, and duties of the Armed Forces of the United resented as new. acting on reports of counterfeit electronic States or the reserve components of the (2) SUSPECT COUNTERFEIT ELECTRONIC PART parts and suspect counterfeit electronic Armed Forces; or AND ELECTRONIC PART.—For the purposes of parts that are submitted to the Inspector ‘‘(B) by the United States to perform or di- this section: General of the Department of Defense, con- rectly support— (A) A part is a ‘‘suspect counterfeit elec- tracting officers, and the Government-Indus- tronic part’’ if visual inspection, testing, or try Data Exchange Program or a similar pro- ‘‘(i) combat operations; or other information provide reason to believe gram designated by the Secretary of Defense. ‘‘(ii) critical national defense or national (4) Guidance on appropriate remedial ac- security functions.’’. that the part may be a counterfeit part. tions in the case of a supplier who has re- (f) SENTENCING GUIDELINES.— (B) An ‘‘electronic part’’ means an inte- peatedly failed to detect and avoid counter- (1) DEFINITION.—In this subsection, the grated circuit, a discrete electronic compo- feit electronic parts and suspect counterfeit term ‘‘critical infrastructure’’ has the mean- nent (including but not limited to a tran- electronic parts or otherwise failed to exer- ing given that term in application note 13(A) sistor, capacitor, resistor, or diode), or a cir- cise due diligence in the detection and avoid- of section 2B1.1 of the Federal Sentencing cuit assembly. ance of such parts, including consideration Guidelines. of whether to suspend or debar a supplier (2) DIRECTIVE.—The United States Sen- SA 1093. Mr. INHOFE submitted an until such time as the supplier has effec- tencing Commission shall review and, if ap- amendment intended to be proposed by tively addressed the issues that led to such propriate, amend the Federal Sentencing him to the bill S. 1867, to authorize ap- failures. Guidelines and policy statements applicable propriations for fiscal year 2012 for (e) TRAFFICKING IN COUNTERFEIT MILITARY to persons convicted of an offense under sec- military activities of the Department GOODS OR SERVICES.—Section 2320 of title 18, tion 2320(a) of title 18, United States Code, to of Defense, for military construction, United States Code, is amended— reflect the intent of Congress that penalties and for defense activities of the De- (1) in subsection (a), by adding at the end for such offenses be increased for defendants the following: that sell infringing products to, or for the partment of Energy, to prescribe mili- ‘‘(3) MILITARY GOODS OR SERVICES.— use by or for, the Armed Forces or a Federal, tary personnel strengths for such fiscal ‘‘(A) IN GENERAL.—A person who commits State, or local law enforcement agency or for year, and for other purposes; as fol- an offense under paragraph (1) shall be pun- use in critical infrastructure or in national lows: ished in accordance with subparagraph (B) security applications. At the end of subtitle D of title X, add the if— (3) REQUIREMENTS.—In amending the Fed- following: ‘‘(i) the offense involved a good or service eral Sentencing Guidelines and policy state- SEC. 1038. REQUIREMENT FOR DETENTION AT described in paragraph (1) that if it malfunc- ments under paragraph (2), the United States UNITED STATES NAVAL STATION, tioned, failed, or was compromised, could Sentencing Commission shall— GUANTANAMO BAY, CUBA, OF HIGH- reasonably be foreseen to cause— (A) ensure that the guidelines and policy VALUE DETAINEES WHO WILL BE ‘‘(I) serious bodily injury or death; statements, including section 2B5.3 of the DETAINED LONG-TERM. ‘‘(II) disclosure of classified information; Federal Sentencing Guidelines (and any suc- (a) FINDINGS.—Congress makes the fol- ‘‘(III) impairment of combat operations; or cessor thereto), reflect— lowing findings: ‘‘(IV) other significant harm to a member (i) the serious nature of the offenses de- (1) The United States is still in a global of the Armed Forces or to national security; scribed in section 2320(a) of title 18, United war on terror and engaged in armed conflict and States Code; with terrorist organizations, and will con- ‘‘(ii) the person had knowledge that the (ii) the need for an effective deterrent and tinue to capture terrorists who will need to good or service is falsely identified as meet- appropriate punishment to prevent offenses be detained in a secure facility. ing military standards or is intended for use under section 2320(a) of title 18, United (2) Since 2002, enemy combatants have in a military or national security applica- States Code; and been captured by the United States and its tion. (iii) the effectiveness of incarceration in allies and detained in facilities at the Guan- ‘‘(B) PENALTIES.— furthering the objectives described in clauses tanamo Bay Detention Facility (GTMO) at ‘‘(i) INDIVIDUAL.—An individual who com- (i) and (ii); United States Naval Station, Guantanamo mits an offense described in subparagraph (B) consider an appropriate offense level Bay, Cuba. (A) shall be fined not more than $5,000,000, enhancement and minimum offense level for (3) The United States has detained almost imprisoned for not more than 20 years, or offenses that involve a product used to main- 800 al-Qaeda and Taliban combatants at the both. tain or operate critical infrastructure, or Guantanamo Bay Detention Facility. ‘‘(ii) PERSON OTHER THAN AN INDIVIDUAL.—A used by or for an entity of the Federal Gov- (4) More than 600 detainees have been tried, person other than an individual that com- ernment or a State or local government in transferred, or released from the Guanta- mits an offense described in subparagraph furtherance of the administration of justice, namo Bay Detention Facility to other coun- (A) shall be fined not more than $15,000,000. national defense, or national security; tries.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7725 (5) The last enemy combatant brought to (2) has knowledge of an imminent terrorist shortfalls in personnel. The Army and Army the Guantanamo Bay Detention Facility for threat against the United States or its terri- National Guard have been especially affected detention was brought in June 2008. tories, the Armed Forces of the United by the inability to field needed personnel. (6) The military detention facilities at the States, the people or organizations of the (5) A muted ability to field qualified mili- Guantanamo Bay Detention Facility meet United States, or an ally of the United tary health counselors and chaplains has an the highest international standards, and States; adverse affect on the mental and emotional play a fundamental part in protecting the (3) has, or has had, direct involvement in health of members of the Armed Forces and lives of Americans from terrorism. planning or preparing a terrorist action their families. (7) The Guantanamo Bay Detention Facil- against the United States or an ally of the (6) The United States Army Chaplain Cen- ity is a state-of-the-art facility that provides United States or in assisting the leadership ter and School, United States Navy Chap- humane treatment for all detainees, is fully of al-Qaeda, the Taliban, or any associated laincy School and Center, and other military compliant with the Geneva Convention, and terrorist group in planning or preparing such chaplaincy schools rely on accredited univer- provides treatment and oversight that ex- a terrorist action; or sities, seminaries, and religious schools to ceed any maximum-security prison in the (4) if released from detention, would con- produce qualified counselors and chaplain world, as attested to by human rights orga- stitute a clear and continuing threat to the candidates. nizations, the International Committee of United States or any ally of the United (7) It is important that accredited univer- the Red Cross, Attorney General Holder, and States. sities, seminaries, and religious schools pro- an independent commission led Admiral ducing chaplain candidates or providing Walsh. SA 1094. Mr. INHOFE submitted an post-graduate education and supplemental (8) The Guantanamo Bay Detention Facil- amendment intended to be proposed by training adequately prepare students with ity is a secure location away from popu- him to the bill S. 1867, to authorize ap- the training required to address the needs of lation centers, provides maximum security propriations for fiscal year 2012 for members of the Armed Forces and their fam- required to prevent escape, provides multiple military activities of the Department ilies. levels of confinement opportunities based on (8) There is both opportunity and need for the compliance of detainees, and provides of Defense, for military construction, and for defense activities of the De- the Chaplain Corps of the United States medical care not available a majority of the Armed Forces to work with accredited uni- population of the world. partment of Energy, to prescribe mili- versities, seminaries, and religious schools (9) The Expeditionary Legal Complex tary personnel strengths for such fiscal to produce qualified counselors and chaplain (ELC) at the Guantanamo Bay Detention Fa- year, and for other purposes; as fol- candidates and provide post-graduate edu- cility is the only one of its kind in the world. lows: cation and supplemental training, and to do It provides a secure location to secure and At the end of subtitle E of title VIII, add so in a way that is cost effective. try detainees charged by the United States the following: (b) SENSE OF THE SENATE.—It is the sense Government, full access to sensitive and SEC. 889. INCLUSION OF DEPARTMENT OF COM- of the Senate that— classified information, full access to defense MERCE IN CONTRACT AUTHORITY (1) the Secretary of Defense, in conjunction lawyers and prosecution, and full media ac- USING COMPETITIVE PROCEDURES with the Chief of Chaplains for each military cess by the press. BUT EXCLUDING PARTICULAR service, should produce a plan to ensure sus- (10) The Guantanamo Bay Detention Facil- SOURCES FOR ESTABLISHING CER- tainable throughput of qualified chaplains in ity is the single greatest repository of TAIN RESEARCH AND DEVELOP- the military chaplain centers and schools; human intelligence in the war on terror. MENT CAPABILITIES. and Section 2304(b) of title 10, United States (11) The intelligence derived from the (2) the plan should include integration of Code, is amended— Guantanamo Bay Detention Facility has pre- accredited universities, seminaries, and reli- (1) by redesignating paragraphs (3) and (4) vented terrorist attacks and saved lives in gious schools to include programmatic aug- as paragraphs (4) and (5), respectively; and the past and continues to do so today. mentation when efficient and fiscally advan- (2) by inserting after paragraph (2) the fol- (12) The intelligence obtained from ques- tageous. tioning detainees at the Guantanamo Bay lowing new paragraph (3): Detention Facility includes information on ‘‘(3) The Secretary of Commerce shall be SA 1096. Mr. INHOFE submitted an treated as the head of an agency for purposes the following: of procurements under paragraph (1) that are amendment intended to be proposed by (A) The organizational structure of al- covered by a determination under subpara- him to the bill S. 1867, to authorize ap- Qaeda, the Taliban, and other terrorist graph (C) of that paragraph.’’. propriations for fiscal year 2012 for groups. military activities of the Department (B) The extent of the presence of terrorists SA 1095. Mr. INHOFE submitted an of Defense, for military construction, in Europe, the United States, and the Middle amendment intended to be proposed by East, and elsewhere around the globe. and for defense activities of the De- (C) The pursuit of weapons of mass de- him to the bill S. 1867, to authorize ap- partment of Energy, to prescribe mili- struction by al-Qaeda. propriations for fiscal year 2012 for tary personnel strengths for such fiscal (D) The methods of recruitment by al- military activities of the Department year, and for other purposes; as fol- Qaeda and the locations of its recruitment of Defense, for military construction, lows: centers. and for defense activities of the De- At the end of subtitle C of title VII, add (E) The skills of terrorists, including gen- partment of Energy, to prescribe mili- the following: eral and specialized operative training. tary personnel strengths for such fiscal SEC. 723. SENSE OF SENATE ON TREATMENT OP- (F) The means by which legitimate finan- year, and for other purposes; as fol- TIONS FOR MEMBERS OF THE cial activities are used to hide terrorist oper- lows: ARMED FORCES AND VETERANS FOR ations. TRAUMATIC BRAIN INJURY AND (13) Key intelligence used to find Osama At the end of subtitle H of title X, add the POST TRAUMATIC STRESS DIS- bin Laden was obtained at least in part following: ORDER. through the use of enhanced interrogation of SEC. 1088. MENTAL HEALTH COUNSELING TRAIN- (a) FINDINGS.—The Senate makes the fol- lowing findings: detainees at the Guantanamo Bay Detention ING FOR MILITARY CHAPLAINS. (a) FINDINGS.—The Senate makes the fol- (1) Approximately 1,400,000 Americans ex- Facility, with Leon Panetta, Director of the lowing findings: perience Traumatic Brain Injury (TBI) each Central Intelligence Agency, acknowledging (1) A decade of deployments for the United year, and an estimated 3,200,000 Americans that ‘‘[c]learly some of it came from detain- States Armed Forces has led to significant are living with long-term, severe disabilities ees and the interrogation of detainees. . .’’ increases in traumatic stress for members of as a result of brain injury. Another approxi- and confirming that ‘‘they used these en- the Armed Forces and their families. mate 360,000 men and women are estimated hanced interrogation techniques against (2) Increases in the severity and frequency to have been experienced a Traumatic Brain some of those detainees’’. (b) REQUIREMENT.—Each high-value enemy of stress for members of the Armed Forces Injury in the conflicts in Iraq and Afghani- combatant who is captured or otherwise and their families has driven up demand for stan to date. taken into long-term custody or detention mental health counseling services by spe- (2) Congressional funding for Traumatic by the United States shall, while under such cially trained counselors and military chap- Brain Injury activities began with Public detention of the United States, be detained lains. Law 104–166 (commonly referred to as the at the Guantanamo Bay Detention Facility (3) The emotional needs, mental strain, ‘‘Traumatic Brain Injury Act of 1996’’) and (GTMO) at United States Naval Station, and interpersonal issues that arise among has subsequently been addressed in title XIII Guantanamo Bay, Cuba. soldiers and their families before, during, of Public Law 106–310 (commonly referred to (c) HIGH-VALUE ENEMY COMBATANT DE- and after deployment are highly unique. It is as the ‘‘Traumatic Brain Injury Act Amend- FINED.—In this section, the term ‘‘high-value critical that military counselors and chap- ments of 2000’’), which mandated reports and enemy combatant’’ means an enemy combat- lains have a specialized understanding of the requirements for mild Traumatic Brain In- ant who— total deployment experience. jury, and in Acts authorizing and appro- (1) is a senior member of al-Qaeda, the (4) The military chaplain’s corps for all priating funds for the Department of Defense Taliban, or any associated terrorist group; military services has experienced significant to date.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7726 CONGRESSIONAL RECORD — SENATE November 17, 2011 (3) In 1992 during the Persian Gulf War, (2) The number of programs reflects the se- SEC. 889. REPORT ON IMPACT OF FOREIGN BOY- Congress created the Defense and Veterans riousness with which the Department and COTTS ON THE DEFENSE INDUS- Head Injury Program (DVHIP) to integrate the United States Government and people TRIAL BASE. specialized Traumatic Brain Injury care, re- take the treatment of the invisible wounds (a) IN GENERAL.—Not later than February search, and education across the military of the wars in Iraq and Afghanistan. 1, 2012, the Comptroller General of the and veteran medical care systems. (3) Notwithstanding the proliferation of United States shall submit to the appro- priate congressional committees a report (4) With Congressional oversight and ap- programs, there are still gaps in the treat- setting forth an assessment of the impact of propriations, the Department of Defense sub- ment of our wounded warriors. foreign boycotts on the defense industrial sequently transitioned the Defense and Vet- (4) Because of the proliferation of pro- base. erans Head Injury Program to the Defense grams, redundancies and inefficiencies exist (b) ELEMENTS.—The report required by sub- and waste resources that would otherwise be and Veterans Brain Injury Center (DVBIC) in section (a) shall include— used to effectively treat members of the order improve the military and veterans (1) a summary of foreign boycotts that Armed Forces suffering from psychological medical communities ability to develop and posed a material risk to the defense indus- health and traumatic brain injuries. provide advanced Traumatic Brain Injury- trial base from January 2008 to the date of (5) Section 1618 of the Wounded Warriors specific evaluation, treatment, and follow-up the enactment of this Act; Act (title XVI of Public Law 110–181; 122 care for military personnel, their bene- (2) the apparent objection of each such Stat. 450; 10 U.S.C. 1071 note) required the ficiaries, and veterans with mild to severe boycott; Secretary of Defense to submit a comprehen- Traumatic Brain Injury. (3) an assessment of harm to the defense sive plan for programs and activities of the (5) Though Congress, the Department of industrial base as a result of each such boy- Department of Defense to prevent, diagnose, Defense, and the Department of Veterans Af- cott; mitigate, treat, research, and otherwise re- fairs have increased the capacity to provide (4) an assessment of the sufficiency of De- spond to traumatic brain injury, post-trau- health services, particularly in the areas of partment of Defense and Department of matic stress disorder, and other mental mental health and Traumatic Brain Injury, State efforts to mitigate the material risks health conditions in members of the Armed gaps in access and quality remain, to include of any such foreign boycott to the defense in- Forces. a selected method for diagnosing a Trau- dustrial base; and (6) The plan required in that Act was to as- matic Brain Injury, a consistent process for (5) recommendations of the Comptroller sess the capabilities of the Department, treatment for a Traumatic Brain Injury, General to reduce the material risks of for- identify capability gaps, identify resources availability of providers, shortages of per- eign boycotts to the defense industrial base, required, and identify appropriate leadership sonnel, organizational deficiencies, cultural including recommendations for changes to that would coordinate the various programs. understanding and acceptance, and available legislation, regulation, policy, or procedures. (7) Section 1621 of the Wounded Warriors technology in diagnosis and treatment. (c) CONFIDENTIALITY.—The Comptroller (6) Gaps in quality of care and limited ac- Act (title XVI of Public Law 110–181; 122 General shall not publicly disclose the names cess to proper care remain for both members Stat. 453; 10 U.S.C. 1071 note) established the of any person, organization, or entity in- of the Armed Forces and veterans, especially Defense Centers of Excellence for Psycho- volved in or affected by any foreign boycott veterans who are demobilized members of logical Health and Traumatic Brain Injury identified in the report required under sub- the National Guard and Reserve. Some esti- (DCoE) to implement the Department’s com- section (a) without the express written ap- mates indicate that approximately 57 per- prehensive plan and strategy. proval of the person, organization, or entity (b) STREAMLINING PLAN.— cent of those returning from Iraq and Af- concerned. (1) PLAN REQUIRED.—Not later than 90 days ghanistan are not being evaluated by a phy- (d) DEFINITIONS.—In this section: after the date of the enactment of this Act, sician for a brain injury. (1) FOREIGN BOYCOTT.—The term ‘‘foreign the Secretary of Defense shall submit to the (b) SENSE OF SENATE.—It is the sense of the boycott’’ means any policy or practice congressional defense committees a plan to Senate that— adopted by a foreign government or foreign streamline programs currently sponsored or (1) the Department of Defense and Depart- business enterprise intended to directly pe- funded by the Department to address psycho- ment of Veterans Affairs should be com- nalize, disadvantage, or harm any contractor logical health and traumatic brain injury. mended for increasing the treatment options or subcontractor of the Department of De- (2) ELEMENTS.—The plan required under for Traumatic Brain Injury that are avail- fense, or otherwise dissociate the foreign paragraph (1) shall include the following ele- able to veterans; government or foreign business enterprise ments: (2) the Secretary of Defense should, in con- from such a contractor or subcontractor on (A) A complete catalog of programs cur- sultation with the Secretary of Veterans Af- account of the provision by that contractor rently sponsored or funded by the Depart- fairs, continue to test, prove, and make or subcontractor of any product or service to ment to address psychological health and available viable treatment options for Trau- the Department. traumatic brain injury, including details of matic Brain Injury, including alternative (2) APPROPRIATE CONGRESSIONAL COMMIT- the intended function of each program. treatment methods that have been deter- TEES.—The term ‘‘appropriate congressional (B) An analysis of gaps in the delivery of mined, through testing, to be an effective committees’’ means— services and treatments identified by the form of treatment; and (A) the congressional defense committees; complete catalog required under subpara- (3) the Secretary of Defense and the Sec- and graph (A). retary of Veterans Affairs should take ac- (B) the Committee on Foreign Relations of (C) An analysis of redundancies identified tions to ensure that existing veteran and the Senate and the Committee on Foreign in the complete catalog required under sub- medical benefits cover the use of viable Affairs of the House of Representatives. paragraph (A). available treatment options for Traumatic (D) A plan for eliminating redundancies Mr. INHOFE submitted an Brain Injury, including alternative treat- SA 1099. and mitigating the gaps identified in the ment methods. amendment intended to be proposed by plan. him to the bill S. 1867, to authorize ap- SA 1097. Mr. INHOFE submitted an (E) Identification of the official within the propriations for fiscal year 2012 for Department that will be responsible for en- amendment intended to be proposed by military activities of the Department actment of the plan. of Defense, for military construction, him to the bill S. 1867, to authorize ap- (F) A timeline for enactment of the plan. propriations for fiscal year 2012 for (c) REPORT.—Not later than one year after and for defense activities of the De- military activities of the Department the date of the enactment of this Act, the partment of Energy, to prescribe mili- of Defense, for military construction, Secretary of Defense shall submit to the con- tary personnel strengths for such fiscal and for defense activities of the De- gressional defense committees a report on year, and for other purposes; as fol- progress in implementing the plan required lows: partment of Energy, to prescribe mili- under subsection (b). tary personnel strengths for such fiscal At the end of subtitle B of title VII, add the following: year, and for other purposes; as fol- SA 1098. Mr. INHOFE submitted an SEC. 714. SENSE OF CONGRESS ON ADOPTION BY lows: amendment intended to be proposed by DEPARTMENT OF DEFENSE OF REC- At the end of subtitle C of title VII, add him to the bill S. 1867, to authorize ap- OMMENDATIONS BY GAO REGARD- the following: propriations for fiscal year 2012 for ING HEARING LOSS PREVENTION. SEC. 723. PLAN FOR STREAMLINING PROGRAMS military activities of the Department (a) FINDINGS.—Congress makes the fol- THAT ADDRESS PSYCHOLOGICAL of Defense, for military construction, lowing findings: HEALTH AND TRAUMATIC BRAIN IN- and for defense activities of the De- (1) The advent of the jet engine and more JURY. powerful munitions has increased the in- partment of Energy, to prescribe mili- (a) FINDINGS.—Congress makes the fol- stance of auditory injury to members of the lowing findings: tary personnel strengths for such fiscal Armed Forces. (1) There are over 200 programs within the year, and for other purposes; as fol- (2) Since 2005, the most common service- Department of Defense that address psycho- lows: connected disabilities for which veterans re- logical health and traumatic brain injury At the end of subtitle E of title VIII, add ceived compensation under laws adminis- (TBI). the following: tered by the Secretary of Veterans Affairs

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7727 have been auditory impairments, including him to the bill S. 1867, to authorize ap- (c) USE.—Subsection (d) of such section is hearing loss and tinnitus. The number of vet- propriations for fiscal year 2012 for amended— erans receiving such compensation for audi- military activities of the Department (1) by striking ‘‘or’’ at the end of paragraph tory impairment has risen each year since of Defense, for military construction, (1); 2005, increasing the number and cost of com- (2) by striking the period at the end of pensation claims paid by the Secretary and and for defense activities of the De- paragraph (2) and inserting a semicolon; and prompting a series of reports on the subject, partment of Energy, to prescribe mili- (3) by adding at the end the following new include a January 2011 report by the Comp- tary personnel strengths for such fiscal paragraphs: troller General of the United States entitled year, and for other purposes; as fol- ‘‘(3) providing humanitarian support to ‘‘Hearing Loss Prevention: Improvements to lows: members and eligible beneficiaries receiving DOD Hearing Conservation Programs Could Strike section 156. care through the military health care sys- Lead to Better Outcomes’’. tem; and (3) Costs to the Department of Veterans SA 1102. Mr. INHOFE submitted an ‘‘(4) providing support to allow participa- Affairs relating to compensation for hearing- amendment intended to be proposed by tion of members and their families in De- related disabilities are expected to double him to the bill S. 1867, to authorize ap- partment of Defense sponsored and author- between 2009 and 2014, exceeding $2,000,000,000 propriations for fiscal year 2012 for ized programs.’’. (d) ADMINISTRATION.—Subsection (e)(3) of by 2014. military activities of the Department (4) There is a growing body of peer re- such section is amended by striking ‘‘the air viewed literature indicating a direct connec- of Defense, for military construction, carrier or surface carrier’’ and inserting ‘‘the tion between traumatic brain injury, post and for defense activities of the De- business entity referred to in subsection traumatic stress disorder, and auditory dis- partment of Energy, to prescribe mili- (b)’’. orders. tary personnel strengths for such fiscal (e) STYLISTIC AMENDMENTS.— (5) 70 percent of members of the Armed year, and for other purposes; as fol- (1) SECTION HEADING.—The heading of such Forces who are exposed to a blast report au- lows: section is amended to read as follows: ditory disorders within 72 hours of the expo- At the end of subtitle G of title X, add the ‘‘§ 2613. Acceptance of frequent traveler sure. following: miles, credits, points, and tickets: use to fa- (6) Section 721 of the Duncan Hunter Na- SEC. 1080. REPORT ON FEASIBILITY OF USING cilitate rest and recuperation travel of de- tional Defense Authorization Act for Fiscal UNMANNED AERIAL SYSTEMS TO ployed members and their families, support Year 2009 (Public Law 110–417; 122 Stat. 4506) PERFORM AIRBORNE INSPECTION members and other beneficiaries of the requires the Secretary of Defense to estab- OF NAVIGATIONAL AIDS IN FOREIGN military health care system, and support lish a center of excellence in the prevention, AIRSPACE. participation in authorized programs’’. diagnosis, mitigation, treatment, and reha- Not later than 90 days after the date of the (2) TABLE OF SECTIONS.—The table of sec- bilitation of hearing loss and auditory sys- enactment of this Act, the Secretary of the tions at the beginning of chapter 155 of such tem injury. Air Force shall submit to the congressional title is amended by striking the item relat- (7) There is no cure for tinnitus, which con- defense committees a report on the feasi- ing to section 2613 and inserting the fol- sists of an often debilitating ringing in the bility of using unmanned aerial systems to lowing new item: perform airborne flight inspection of elec- ear. The projected effect of tinnitus on vet- ‘‘2613. Acceptance of frequent traveler miles, tronic signals-in-space from ground-based erans, rise in new cases of tinnitus-related credits, points, and tickets: use navigational aids that support aircraft de- service-connected disabilities among vet- to facilitate rest and recuper- parture, en route, and arrival flight proce- erans, and the correlating rise in disability ation travel of deployed mem- dures in foreign airspace in support of United claims and cost to the Department of Vet- bers and their families, support States military operations. erans Affairs make finding effective treat- members and other bene- ment, abatement options, and a cure for SA 1103. Mr. CARDIN (for himself, ficiaries of the military health tinnitus a priority. care system, and support par- (b) SENSE OF CONGRESS.—It is the sense of Mr. WICKER, Mrs. FEINSTEIN, Ms. MI- ticipation in authorized pro- Congress that the Secretary of Defense KULSKI, and Mr. ROCKEFELLER) sub- grams.’’. should, in cooperation with the Secretary of mitted an amendment intended to be Veterans Affairs and the Director of the proposed by him to the bill S. 1867, to SA 1104. Mr. SANDERS submitted an Hearing Center of Excellence of the Depart- authorize appropriations for fiscal year amendment intended to be proposed by ment of Defense, implement the rec- ommendations of the Comptroller General of 2012 for military activities of the De- him to the bill H.R. 2354, making ap- the United States in the January 2011 report partment of Defense, for military con- propriations for energy and water de- of the Comptroller General entitled ‘‘Hear- struction, and for defense activities of velopment and related agencies for the ing Loss Prevention: Improvements to DOD the Department of Energy, to prescribe fiscal year ending September 30, 2012, Hearing Conservation Programs Could Lead military personnel strengths for such and for other purposes; which was or- to Better Outcomes’’ that address preven- fiscal year, and for other purposes; dered to lie on the table; as follows: tion, abatement, data collection, and the which was ordered to lie on the table; On page 181, after line 9, insert the fol- need for a new interagency data sharing sys- as follows: lowing: tem so that sufficient information is avail- At the end of subtitle E of title X, add the SEC. ll. (a) The Comptroller General of able to address and track hearing injuries the United States shall conduct a study re- and loss. following: SEC. 1049. EXPANSION OF OPERATION HERO garding State legislative actions during the MILES. 10 years prior to the date of enactment of SA 1100. Mr. INHOFE submitted an this Act that may affect voter registration amendment intended to be proposed by (a) EXPANDED DEFINITION OF TRAVEL BEN- EFIT.—Subsection (b) of section 2613 of title or voting. The study shall identify, by State, him to the bill S. 1867, to authorize ap- 10, United States Code, is amended to read as what documents are required in order to ob- propriations for fiscal year 2012 for follows: tain sufficient identification for registration military activities of the Department ‘‘(b) TRAVEL BENEFIT DEFINED.—In this sec- or voting, the cost to the individual for those of Defense, for military construction, tion, the term ‘travel benefit’ means— documents, and what access is available to and for defense activities of the De- ‘‘(1) frequent traveler miles, credits for the State agencies responsible for providing partment of Energy, to prescribe mili- tickets, or tickets for air or surface trans- that documentation, including hours of oper- ation and geographic distribution of the tary personnel strengths for such fiscal portation issued by an air carrier or a sur- face carrier, respectively, that serves the agencies. The study shall identity the States year, and for other purposes; as fol- public; and that have passed voter identification legisla- lows: ‘‘(2) points or awards for free or reduced- tion, the States that are providing free iden- At the end of subtitle A of title VIII, add cost accommodations issued by an inn, hotel, tification, the number of free identifications the following: or other commercial establishment that pro- that have been provided by each such State, SEC. 808. TEMPORARY AUTHORITY TO ACQUIRE vides lodging to transient guests.’’. and which agencies in each such State have CERTAIN PRODUCTS AND SERVICES (b) CONDITION ON AUTHORITY TO ACCEPT DO- provided those identifications. The study PRODUCED IN LATVIA. NATION.—Subsection (c) of such section is shall collect data on any prosecutions or Section 801(d) of the National Defense Au- amended— convictions for voter impersonation fraud thorization Act for Fiscal Year 2010 (Public (1) by striking ‘‘the air or surface carrier’’ within each State during the 10 years prior Law 111–84; 123 Stat. 2400) is amended by and inserting ‘‘the business entity referred to the date of enactment of this Act. The striking ‘‘or Turkmenistan’’ and inserting to in subsection (b)’’; study shall also examine the extent to which ‘‘Turkmenistan, or Latvia’’. (2) by striking ‘‘the surface carrier’’ and each State complies with data requests from inserting ‘‘the business entity’’; and the Election Assistance Commission. The SA 1101. Mr. INHOFE submitted an (3) by striking ‘‘the carrier’’ and inserting Comptroller General shall collect this data amendment intended to be proposed by ‘‘the business entity’’. to the extent available and shall identify any

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Not later the Secretary of Defense shall, in consulta- other foreign country, or any other foreign than 120 days after the date of enactment of tion with appropriate officials in the Execu- entity unless the Secretary submits to Con- this Act, the Government Accountability Of- tive Office of the President, the Director of gress the certification described in sub- fice shall provide an interim briefing to the National Intelligence, the Secretary of section (b) not later than 30 days before the committees of jurisdiction of the Senate and State, the Secretary of Homeland Security, transfer of the individual. the House of Representatives on the study and the Attorney General, submit to the ap- (2) EXCEPTION.—Paragraph (1) shall not conducted under this subsection. Members of propriate committees of Congress a report apply to any action taken by the Secretary Congress may request clarifying information setting forth the following: to transfer any individual detained at Guan- as appropriate based on the information pro- (1) A statement of the position of the Exec- tanamo to effectuate— vided in the briefing. utive Branch on the appropriate role for the (A) an order affecting the disposition of the (b) Not later than 11 months after the date Armed Forces of the United States in the de- individual that is issued by a court or com- of enactment of this Act, the Comptroller tention and prosecution of covered persons petent tribunal of the United States having General shall submit to the committees of (as defined in subsection (b)). lawful jurisdiction (which the Secretary jurisdiction of the Senate and the House of (2) A statement and assessment of the legal shall notify Congress of promptly after Representatives a final report containing the authority asserted by the Executive Branch issuance); or results of the study conducted under sub- for such detention and prosecution. (B) a pre-trial agreement entered in a mili- section (a). (3) A statement of any existing deficiencies tary commission case prior to the date of the or anticipated deficiencies in the legal au- enactment of this Act. SA 1105. Ms. COLLINS (for herself, thority for such detention and prosecution. (b) CERTIFICATION.—A certification de- Mr. BEGICH, and Mr. MANCHIN) sub- (b) COVERED PERSONS.—A covered person scribed in this subsection is a written certifi- mitted an amendment intended to be under this section is any person, other than cation made by the Secretary of Defense, proposed by her to the bill S. 1867, to a member of the Armed Forces of the United with the concurrence of the Secretary of State and in consultation with the Director authorize appropriations for fiscal year States, whose detention or prosecution by the Armed Forces of the United States is of National Intelligence, that the govern- 2012 for military activities of the De- ment of the foreign country or the recog- consistent with the laws of war and based on partment of Defense, for military con- nized leadership of the foreign entity to authority provided by any of the following: which the individual detained at Guanta- struction, and for Defense activities of (1) The Authorization for Use of Military namo is to be transferred— the Department of Energy, to prescribe Force (Public Law 107–40). (1) is not a designated state sponsor of ter- military personnel strengths for such (2) The Authorization for Use of Military rorism or a designated foreign terrorist orga- fiscal year, and for other purposes; as Force Against Iraq Resolution 2002 (Public nization; follows: Law 107–243). (2) maintains control over each detention On page 365, line 12, strike ‘‘for fiscal year (3) Any other statutory or constitutional facility in which the individual is to be de- 2012’’. authority for use of military force. tained if the individual is to be housed in a (c) CONGRESSIONAL ACTION.—Each of the detention facility; SA 1106. Mr. MCCAIN (for himself and appropriate committees of Congress may, (3) is not, as of the date of the certifi- Mr. LEVIN) submitted an amendment not later than 45 days after receipt of the re- cation, facing a threat that is likely to sub- intended to be proposed by him to the port required by subsection (a), hold a hear- stantially affect its ability to fulfill the se- bill S. 1867, to authorize appropriations ing on the report, and shall, within 45 days of curity-related commitments attendant to such hearings, report to Congress legislation, for fiscal year 2012 for military activi- the transfer; if such committee determines legislation is (4) has taken or agreed to take actions ties of the Department of Defense, for appropriate and advisable, modifying or ex- military construction, and for defense that are likely to be effective in mitigating panding the authority of the Executive the risk that the individual will take action activities of the Department of Energy, Branch to carry out detention and prosecu- to threaten the United States, its citizens, or to prescribe military personnel tion of covered persons. its allies in the future; strengths for such fiscal year, and for (d) APPROPRIATE COMMITTEES OF CONGRESS (5) has taken or agreed to take such ac- other purposes; which was ordered to DEFINED.—In this section, the term ‘‘appro- tions that will mitigate the risk that the in- lie on the table; as follows: priate committees of Congress’’ means— dividual to be transferred will engage or re- (1) the Committee on Armed Services, the At the end of subtitle G of title X, add the engage in any terrorist activity; and Committee on the Judiciary, and the Select (6) has agreed to share with the United following: Committee on Intelligence of the Senate; SEC. 1080. REPORT ON STATUS OF IMPLEMENTA- States any information that— and (A) is related to the individual or any asso- TION OF ACCEPTED RECOMMENDA- (2) the Committee on Armed Services, the TIONS IN THE FINAL REPORT OF ciates of the individual; and Committee on the Judiciary, and the Perma- THE 2010 ARMY ACQUISITION RE- (B) could affect the security of the United VIEW PANEL. nent Select Committee on Intelligence of the States, its citizens, or its allies Not later than 1 October 2012, the Sec- House of Representatives. (c) PROHIBITION IN CASES OF PRIOR CON- retary of the Army shall submit to the con- FIRMED RECIDIVISM.— gressional defense committees a report de- SA 1108. Mr. UDALL of Colorado sub- (1) PROHIBITION.—Except as provided in scribing the plan and implementation status mitted an amendment intended to be paragraph (2) and subsection (d), the Sec- of the recommendations contained in the proposed by him to the bill S. 1867, to retary of Defense may not use any amounts Final Report of the 2010 Army Acquisition authorize appropriations for fiscal year authorized to be appropriated or otherwise Review panel (also known as the ‘‘Decker- 2012 for military activities of the De- made available to the Department of Defense Wagner Report’’) that the Army agreed to partment of Defense, for military con- for fiscal year 2012 to transfer any individual implement. struction, and for defense activities of detained at Guantanamo to the custody or control of the individual’s country of origin, SA 1107. Mr. UDALL of Colorado sub- the Department of Energy, to prescribe any other foreign country, or any other for- mitted an amendment intended to be military personnel strengths for such eign entity if there is a confirmed case of proposed by him to the bill S. 1867, to fiscal year, and for other purposes; any individual who was detained at United authorize appropriations for fiscal year which was ordered to lie on the table; States Naval Station, Guantanamo Bay, 2012 for military activities of the De- as follows: Cuba, at any time after September 11, 2001, partment of Defense, for military con- Strike section 1033 and insert the fol- who was transferred to such foreign country lowing: or entity and subsequently engaged in any struction, and for defense activities of terrorist activity. SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS the Department of Energy, to prescribe (2) EXCEPTION.—Paragraph (1) shall not military personnel strengths for such RELATING TO THE TRANSFER OF DETAINEES AT UNITED STATES apply to any action taken by the Secretary fiscal year, and for other purposes; as NAVAL STATION, GUANTANAMO BAY, to transfer any individual detained at Guan- follows: CUBA, TO FOREIGN COUNTRIES AND tanamo to effectuate— Strike subtitle D of title X and insert the OTHER FOREIGN ENTITIES. (A) a transfer that is in the national secu- following: (a) CERTIFICATION REQUIRED PRIOR TO rity interests of the United States, including TRANSFER.— any case in which either improvements in Subtitle D—Detainee Matters (1) IN GENERAL.—Except as provided in governance or the security environment of SEC. 1031. REVIEW OF AUTHORITY OF THE paragraph (2) and subsection (d), the Sec- the country to which the detainee would be ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PER- retary of Defense may not use any amounts transferred have effectively mitigated the SONS PURSUANT TO THE AUTHOR- authorized to be appropriated or otherwise risk of recidivism; IZATION FOR USE OF MILITARY available to the Department of Defense for (B) an order affecting the disposition of the FORCE. fiscal year 2012 to transfer any individual de- individual that is issued by a court or com- (a) IN GENERAL.—Not later than 90 days tained at Guantanamo to the custody or con- petent tribunal of the United States having after the date of the enactment of this Act, trol of the individual’s country of origin, any lawful jurisdiction (which the Secretary

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7729 shall notify Congress of promptly after On page 359, line 13, insert after ‘‘covered SEC. 346. ELIGIBILITY OF RESERVE MEMBERS, issuance); or persons (as defined in subsection (b))’’ the GRAY-AREA RETIREES, WIDOWS AND (C) pre-trial agreement entered in a mili- following: ‘‘captured abroad’’. WIDOWERS OF RETIRED MEMBERS, tary commission case. AND DEPENDENTS FOR SPACE- AVAILABLE TRAVEL ON MILITARY (d) NATIONAL SECURITY WAIVER.— SA 1111. Mr. UDALL of Colorado sub- AIRCRAFT. (1) IN GENERAL.—The Secretary of Defense (a) ELIGIBILITY.— may waive one or more certification require- mitted an amendment intended to be (1) IN GENERAL.—Chapter 157 of title 10, ments specified in subsection (b) if the Sec- proposed by him to the bill S. 1867, to United States Code, is amended by inserting retary, with the concurrence of the Sec- authorize appropriations for fiscal year after section 2641b the following new section: retary of State and in consultation with the 2012 for military activities of the De- Director of National Intelligence, determines partment of Defense, for military con- ‘‘§ 2641c. Space-available travel on Depart- that— struction, and for defense activities of ment of Defense aircraft: reserve members, reserve members eligible for retired pay (A) alternative actions will be taken to ad- the Department of Energy, to prescribe dress the underlying purpose of the require- but for age; widows and widowers of re- ment or requirements to be waived; and military personnel strengths for such tired members; and dependents (B) the transfer is in the national security fiscal year, and for other purposes; ‘‘(a) RESERVE MEMBERS.—A member of a interests of the United States. which was ordered to lie on the table; reserve component holding a valid Uni- (2) REPORTS.—Whenever the Secretary as follows: formed Services Identification and Privilege makes a determination under paragraph (1), At the end of subtitle D of title X, add the Card shall be provided transportation on De- the Secretary shall submit to the congres- following: partment of Defense aircraft, on a space- sional defense committees, not later than 30 available basis. SEC. 1038. SUNSET. days before the transfer of the individual ‘‘(b) RESERVE RETIREES UNDER APPLICABLE concerned, the following: This subtitle and the amendments made by ELIGIBILITY AGE.—A member or former mem- (A) A copy of the determination and the this subtitle shall expire on September 30, ber of a reserve component who, but for waiver concerned. 2012. being under the eligibility age applicable to (B) A statement of the basis for the deter- the member under section 12731 of this title, mination, including an explanation why the SA 1112. Mr. UDALL of Colorado sub- otherwise would be eligible for retired pay transfer is in the national security interests mitted an amendment intended to be under chapter 1223 of this title shall be pro- of the United States. vided transportation on Department of De- (C) A summary of the alternative actions proposed by him to the bill S. 1867, to authorize appropriations for fiscal year fense aircraft, on a space-available basis. to be taken to address the underlying pur- ‘‘(c) WIDOWS AND WIDOWERS OF RETIRED 2012 for military activities of the De- pose of, and to mitigate the risks addressed MEMBERS.— in, the paragraph or subsection to be waived. partment of Defense, for military con- ‘‘(1) IN GENERAL.—An unremarried widow (e) DEFINITIONS.—In this section: struction, and for defense activities of or widower of a member of the armed forces (1) The term ‘‘individual detained at Guan- the Department of Energy, to prescribe described in paragraph (2) shall be provided tanamo’’ means any individual located at military personnel strengths for such transportation on Department of Defense United States Naval Station, Guantanamo fiscal year, and for other purposes; aircraft, on a space-available basis. Bay, Cuba, as of October 1, 2009, who— ‘‘(2) MEMBERS COVERED.—A member of the (A) is not a citizen of the United States or which was ordered to lie on the table; as follows: armed forces referred to in paragraph (1) is a a member of the Armed Forces of the United member who— States; and At the end of section 1031, add the fol- ‘‘(A) is entitled to retired pay; (B) is— lowing: ‘‘(B) is described in subsection (b); (i) in the custody or under the control of (f) EXTENSION TO UNITED STATES CITIZENS ‘‘(C) dies in the line of duty while on active the Department of Defense; or AND LAWFUL RESIDENT ALIENS.—The author- duty and is not eligible for retired pay; or (ii) otherwise under detention at United ity of the Armed Forces of the United States ‘‘(D) in the case of a member of a reserve States Naval Station, Guantanamo Bay, to detain covered persons under this section component, dies as a result of a line of duty Cuba. extends to citizens of the United States and condition and is not eligible for retired pay. (2) The term ‘‘foreign terrorist organiza- lawful resident aliens of the United States, ‘‘(d) DEPENDENTS.—A dependent of a mem- tion’’ means any organization so designated except to the extent prohibited by the Con- ber or former member described in sub- by the Secretary of State under section 219 stitution of the United States. section (a) or (b) or of an unremarried widow of the Immigration and Nationality Act (8 or widower described in subsection (c) hold- U.S.C. 1189). SA 1113. Mr. UDALL of Colorado sub- ing a valid Uniformed Services Identification (f) REPEAL OF SUPERSEDED AUTHORITY.— and Privilege Card shall be provided trans- Section 1033 of the Ike Skelton National De- mitted an amendment intended to be proposed by him to the bill S. 1867, to portation on Department of Defense aircraft, fense Authorization Act for Fiscal Year 2011 on a space-available basis, if the dependent (Public Law 111–383; 124 Stat. 4351) is re- authorize appropriations for fiscal year is accompanying the member. pealed. 2012 for military activities of the De- ‘‘(e) SCOPE.—Space-available travel re- partment of Defense, for military con- SA 1109. Mr. UDALL of Colorado sub- quired by this section includes travel to and mitted an amendment intended to be struction, and for defense activities of from locations within and outside the conti- the Department of Energy, to prescribe nental United States. proposed by him to the bill S. 1867, to ‘‘(f) PRIORITY.—The priority level and cat- authorize appropriations for fiscal year military personnel strengths for such fiscal year, and for other purposes; egory for space-available travel for the eligi- 2012 for military activities of the De- ble members described in subsection (a), (b), partment of Defense, for military con- which was ordered to lie on the table; (c), and (d) shall be determined by the Sec- struction, and for defense activities of as follows: retary of Defense. the Department of Energy, to prescribe Strike subtitle D of title X. ‘‘(g) DEFINITION OF DEPENDENT.—In this military personnel strengths for such section, the term ‘dependent’ has the mean- fiscal year, and for other purposes; SA 1114. Mr. BEGICH (for himself, ing given that term in section 1072 of this title.’’. which was ordered to lie on the table; Ms. SNOWE, Mr. CASEY, Mr. GRASSLEY, (2) CLERICAL AMENDMENT.—The table of as follows: Mr. LEAHY, Mr. GRAHAM, Ms. MUR- sections at the beginning of such chapter is On page 361, line 9, insert after ‘‘a person KOWSKI, Mr. AKAKA, Mr. PRYOR, Mr. amended by inserting after the item relating who is described in paragraph (2) who is cap- BROWN of Massachusetts, Mr. MANCHIN, to section 2641b the following new item: tured’’ the following: ‘‘abroad’’. and Mr. TESTER) submitted an amend- ‘‘2641c. Space-available travel on Depart- SA 1110. Mr. UDALL of Colorado sub- ment intended to be proposed by him ment of Defense aircraft: re- mitted an amendment intended to be to the bill S. 1867, to authorize appro- serve members, reserve mem- proposed by him to the bill S. 1867, to priations for fiscal year 2012 for mili- bers eligible for retired pay but for age; widows and widowers of authorize appropriations for fiscal year tary activities of the Department of Defense, for military construction, and retired members; and depend- 2012 for military activities of the De- ents.’’. partment of Defense, for military con- for defense activities of the Depart- (b) REGULATIONS.—The Secretary of De- struction, and for defense activities of ment of Energy, to prescribe military personnel strengths for such fiscal fense shall prescribe regulations to imple- the Department of Energy, to prescribe ment section 2641c of title 10, United States military personnel strengths for such year, and for other purposes; as fol- Code, as added by subsection (a). fiscal year, and for other purposes; lows: which was ordered to lie on the table; At the end of subtitle E of title III, add the SA 1115 Ms. LANDRIEU (for herself, as follows: following: Ms. SNOWE, Mrs. SHAHEEN, Mr. BROWN

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7730 CONGRESSIONAL RECORD — SENATE November 17, 2011 of Massachusetts, and Mr. KERRY) sub- (1) in paragraph (1)— development of the Federal agency that ex- mitted an amendment intended to be (A) in the matter preceding subparagraph ceeds the amount required under paragraph proposed by her to the bill S. 1867, to (A), by striking ‘‘Each’’ and inserting ‘‘Ex- (1).’’. authorize appropriations for fiscal year cept as provided in paragraph (2)(B), each’’; SEC. 5105. SBIR AND STTR AWARD LEVELS. (B) in subparagraph (B), by striking ‘‘and’’ (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) 2012 for military activities of the De- at the end; and of the Small Business Act (15 U.S.C. partment of Defense, for military con- (C) by striking subparagraph (C) and in- 638(j)(2)(D)) is amended— struction, and for defense activities of serting the following: (1) by striking ‘‘$100,000’’ and inserting the Department of Energy, to prescribe ‘‘(C) not less than 2.5 percent of such budg- ‘‘$150,000’’; and military personnel strengths for such et in fiscal year 2013; (2) by striking ‘‘$750,000’’ and inserting fiscal year, and for other prposes; as ‘‘(D) not less than 2.6 percent of such budg- ‘‘$1,000,000’’. (b) STTR ADJUSTMENTS.—Section follows: et in fiscal year 2014; ‘‘(E) not less than 2.7 percent of such budg- 9(p)(2)(B)(ix) of the Small Business Act (15 At the end, add the following: et in fiscal year 2015; U.S.C. 638(p)(2)(B)(ix)) is amended— DIVISION E—SBIR AND STTR ‘‘(F) not less than 2.8 percent of such budg- (1) by striking ‘‘$100,000’’ and inserting REAUTHORIZATION et in fiscal year 2016; ‘‘$150,000’’; and SEC. 5001. SHORT TITLE. ‘‘(G) not less than 2.9 percent of such budg- (2) by striking ‘‘$750,000’’ and inserting This division may be cited as the ‘‘SBIR/ et in fiscal year 2017; ‘‘$1,000,000’’. STTR Reauthorization Act of 2011’’. ‘‘(H) not less than 3.0 percent of such budg- (c) ANNUAL ADJUSTMENTS.—Section 9 of the Small Business Act (15 U.S.C. 638) is amend- SEC. 5002. DEFINITIONS. et in fiscal year 2018; ‘‘(I) not less than 3.1 percent of such budget ed— In this division— (1) in subsection (j)(2)(D), by striking (1) the terms ‘‘Administration’’ and ‘‘Ad- in fiscal year 2019; ‘‘(J) not less than 3.2 percent of such budg- ‘‘once every 5 years to reflect economic ad- ministrator’’ mean the Small Business Ad- justments and programmatic consider- ministration and the Administrator thereof, et in fiscal year 2020; ‘‘(K) not less than 3.3 percent of such budg- ations’’ and inserting ‘‘every year for infla- respectively; tion’’; and (2) the terms ‘‘extramural budget’’, ‘‘Fed- et in fiscal year 2021; ‘‘(L) not less than 3.4 percent of such budg- (2) in subsection (p)(2)(B)(ix), as amended eral agency’’, ‘‘Small Business Innovation by subsection (b) of this section, by inserting Research Program’’, ‘‘SBIR’’, ‘‘Small Busi- et in fiscal year 2022; and ‘‘(M) not less than 3.5 percent of such budg- ‘‘(each of which the Administrator shall ad- ness Technology Transfer Program’’, and just for inflation annually)’’ after ‘‘STTR’’ have the meanings given such terms et in fiscal year 2023 and each fiscal year thereafter,’’; ‘‘$1,000,000,’’. in section 9 of the Small Business Act (15 (d) LIMITATION ON SIZE OF AWARDS.—Sec- (2) in paragraph (2)— U.S.C. 638); and tion 9 of the Small Business Act (15 U.S.C. (A) by redesignating subparagraphs (A) and (3) the term ‘‘small business concern’’ has 638) is amended by adding at the end the fol- (B) as clauses (i) and (ii), respectively, and the meaning given that term under section 3 lowing: of the Small Business Act (15 U.S.C. 632). adjusting the margins accordingly; ‘‘(aa) LIMITATION ON SIZE OF AWARDS.— (B) by striking ‘‘A Federal agency’’ and in- SEC. 5003. REPEAL. ‘‘(1) LIMITATION.—No Federal agency may serting the following: Subtitle E of title VIII of this Act is issue an award under the SBIR program or ‘‘(A) IN GENERAL.—A Federal agency’’; and amended by striking section 885. the STTR program if the size of the award (C) by adding at the end the following: exceeds the award guidelines established TITLE LI—REAUTHORIZATION OF THE ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- SBIR AND STTR PROGRAMS under this section by more than 50 percent. MENT OF ENERGY.—For the Department of De- ‘‘(2) MAINTENANCE OF INFORMATION.—Par- SEC. 5101. EXTENSION OF TERMINATION DATES. fense and the Department of Energy, to the ticipating agencies shall maintain informa- (a) SBIR.—Section 9(m) of the Small Busi- greatest extent practicable, the percentage tion on awards exceeding the guidelines es- ness Act (15 U.S.C. 638(m)) is amended— of the extramural budget in excess of 2.5 per- tablished under this section, including— (1) by striking ‘‘TERMINATION.—’’ and all cent required to be expended with small busi- ‘‘(A) the amount of each award; that follows through ‘‘the authorization’’ ness concerns under subparagraphs (D) ‘‘(B) a justification for exceeding the and inserting ‘‘TERMINATION.—The author- through (M) of paragraph (1)— award amount; ization’’; ‘‘(i) may not be used for new Phase I or ‘‘(C) the identity and location of each (2) by striking ‘‘2008’’ and inserting ‘‘2019’’; Phase II awards; and award recipient; and and ‘‘(ii) shall be used for activities that fur- ‘‘(D) whether an award recipient has re- (3) by striking paragraph (2). ther the readiness levels of technologies de- ceived any venture capital investment and, (b) STTR.—Section 9(n)(1)(A) of the Small veloped under Phase II awards, including if so, whether the recipient is majority- Business Act (15 U.S.C. 638(n)(1)(A)) is conducting testing and evaluation to pro- owned by multiple venture capital operating amended— mote the transition of such technologies into companies. (1) by striking ‘‘IN GENERAL.—’’ and all commercial or defense products, or systems ‘‘(3) REPORTS.—The Administrator shall in- that follows through ‘‘with respect’’ and in- furthering the mission needs of the Depart- clude the information described in paragraph serting ‘‘IN GENERAL.—With respect’’; ment of Defense or the Department of En- (2) in the annual report of the Administrator (2) by striking ‘‘2009’’ and inserting ‘‘2019’’; ergy, as the case may be.’’; and to Congress. and (3) by adding at the end the following: ‘‘(4) RULE OF CONSTRUCTION.—Nothing in (3) by striking clause (ii). ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prevent SEC. 5102. STATUS OF THE OFFICE OF TECH- this subsection may be construed to prohibit a Federal agency from supplementing an NOLOGY. a Federal agency from expending with small award under the SBIR program or the STTR Section 9(b) of the Small Business Act (15 business concerns an amount of the extra- program using funds of the Federal agency U.S.C. 638(b)) is amended— mural budget for research or research and that are not part of the SBIR program or the (1) in paragraph (7), by striking ‘‘and’’ at development of the Federal agency that ex- STTR program of the Federal agency.’’. ceeds the amount required under paragraph the end; SEC. 5106. AGENCY AND PROGRAM FLEXIBILITY. (2) in paragraph (8), by striking the period (1).’’. Section 9 of the Small Business Act (15 at the end and inserting ‘‘; and’’; SEC. 5104. STTR ALLOCATION INCREASE. U.S.C. 638), as amended by this Act, is (3) by redesignating paragraph (8) as para- Section 9(n)(1)(B) of the Small Business amended by adding at the end the following: graph (9); and Act (15 U.S.C. 638(n)(1)(B)) is amended— ‘‘(bb) SUBSEQUENT PHASE II AWARDS.— (4) by adding at the end the following: (1) in clause (i), by striking ‘‘and’’ at the ‘‘(1) AGENCY FLEXIBILITY.—A small business ‘‘(10) to maintain an Office of Technology end; concern that received an award from a Fed- to carry out the responsibilities of the Ad- (2) in clause (ii), by striking ‘‘thereafter.’’ eral agency under this section shall be eligi- ministration under this section, which shall and inserting ‘‘through fiscal year 2012;’’; ble to receive a subsequent Phase II award be— (3) by adding at the end the following: from another Federal agency, if the head of ‘‘(A) headed by the Assistant Adminis- ‘‘(iii) 0.4 percent for fiscal years 2013 and each relevant Federal agency or the relevant trator for Technology, who shall report di- 2014; component of the Federal agency makes a rectly to the Administrator; and ‘‘(iv) 0.5 percent for fiscal years 2015 and written determination that the topics of the ‘‘(B) independent from the Office of Gov- 2016; and relevant awards are the same and both agen- ernment Contracting of the Administration ‘‘(v) 0.6 percent for fiscal year 2017 and cies report the awards to the Administrator and sufficiently staffed and funded to comply each fiscal year thereafter.’’; and for inclusion in the public database under with the oversight, reporting, and public (4) by adding at the end the following: subsection (k). database responsibilities assigned to the Of- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in ‘‘(2) SBIR AND STTR PROGRAM FLEXI- fice of Technology by the Administrator.’’. this subsection may be construed to prohibit BILITY.—A small business concern that re- SEC. 5103. SBIR ALLOCATION INCREASE. a Federal agency from expending with small ceived an award under this section under the Section 9(f) of the Small Business Act (15 business concerns an amount of the extra- SBIR program or the STTR program may re- U.S.C. 638(f)) is amended— mural budget for research or research and ceive a subsequent Phase II award in either

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the SBIR program or the STTR program and ‘‘(A) register with the Administrator on (b) TECHNICAL AND CONFORMING AMEND- the participating agency or agencies shall the date that the small business concern sub- MENT.—Section 3 of the Small Business Act report the awards to the Administrator for mits an application for an award under the (15 U.S.C. 632) is amended by adding at the inclusion in the public database under sub- SBIR program; and end the following: section (k). ‘‘(B) indicate in any SBIR proposal that ‘‘(aa) VENTURE CAPITAL OPERATING COM- ‘‘(3) PREVENTING DUPLICATIVE AWARDS.—Be- the small business concern is registered PANY.—In this Act, the term ‘venture capital fore making an award under paragraph (1) or under subparagraph (A) as majority-owned operating company’ means an entity de- (2), the head of a Federal agency shall verify by multiple venture capital operating com- scribed in clause (i), (v), or (vi) of section that the project to be performed with the panies. 121.103(b)(5) of title 13, Code of Federal Regu- lations (or any successor thereto).’’. award has not been funded under the SBIR ‘‘(4) COMPLIANCE.— (c) RULEMAKING TO ENSURE THAT FIRMS program or STTR program of another Fed- ‘‘(A) IN GENERAL.—The head of a Federal THAT ARE MAJORITY-OWNED BY MULTIPLE eral agency.’’. agency that makes an award under this sub- VENTURE CAPITAL OPERATING COMPANIES ARE SEC. 5107. ELIMINATION OF PHASE II INVITA- section during a fiscal year shall collect and ABLE TO PARTICIPATE IN A PORTION OF THE TIONS. submit to the Administrator data relating to (a) IN GENERAL.—Section 9(e) of the Small SBIR PROGRAM.— the number and dollar amount of Phase I (1) STATEMENT OF CONGRESSIONAL INTENT.— Business Act (15 U.S.C. 638(e)) is amended— awards, Phase II awards, and any other cat- (1) in paragraph (4)(B), by striking ‘‘to fur- It is the stated intent of Congress that the egory of awards by the Federal agency under ther’’ and inserting: ‘‘which shall not include Administrator should promulgate regula- the SBIR program during that fiscal year. any invitation, pre-screening, pre-selection, tions to carry out the authority under sec- ‘‘(B) ANNUAL REPORTING.—The Adminis- or down-selection process for eligibility for tion 9(cc) of the Small Business Act, as trator shall include as part of each annual the second phase, that will further’’; and added by this section, that— (2) in paragraph (6)(B), by striking ‘‘to fur- report by the Administration under sub- (A) permit small business concerns that ther develop proposed ideas to’’ and inserting section (b)(7) any data submitted under sub- are majority-owned by multiple venture cap- ‘‘which shall not include any invitation, pre- paragraph (A) and a discussion of the compli- ital operating companies to participate in screening, pre-selection, or down-selection ance of each Federal agency that makes an the SBIR program in accordance with sec- process for eligibility for the second phase, award under this subsection during the fiscal tion 9(cc) of the Small Business Act; that will further develop proposals that’’. year with the maximum percentages under (B) provide specific guidance for small paragraph (1). SEC. 5108. PARTICIPATION BY FIRMS WITH SUB- business concerns that are majority-owned STANTIAL INVESTMENT FROM MUL- ‘‘(5) ENFORCEMENT.—If a Federal agency by multiple venture capital operating com- TIPLE VENTURE CAPITAL OPER- awards more than the percent of the funds panies with regard to eligibility, participa- ATING COMPANIES IN A PORTION OF allocated for the SBIR program of the Fed- tion, and affiliation rules; and THE SBIR PROGRAM. eral agency authorized under paragraph (1) (C) preserve and maintain the integrity of (a) IN GENERAL.—Section 9 of the Small for a purpose described in paragraph (1), the the SBIR program as a program for small Business Act (15 U.S.C. 638), as amended by head of the Federal agency shall transfer an business concerns in the United States, pro- this Act, is amended by adding at the end amount equal to the amount awarded in ex- hibiting large businesses or large entities or the following: cess of the amount authorized under para- foreign-owned businesses or entities from ‘‘(cc) PARTICIPATION OF SMALL BUSINESS graph (1) to the funds for general SBIR pro- participation in the program established CONCERNS MAJORITY-OWNED BY VENTURE CAP- grams from the non-SBIR and non-STTR re- under section 9 of the Small Business Act. ITAL PERATING OMPANIES IN THE RO O C SBIR P - search and development funds of the Federal (2) RULEMAKING REQUIRED.— GRAM.— agency not later than 180 days after the date (A) PROPOSED REGULATIONS.—Not later ‘‘(1) AUTHORITY.—Upon a written deter- on which the Federal agency made the award than 4 months after the date of enactment of mination described in paragraph (2) provided that caused the total awarded under para- this Act, the Administrator shall issue pro- to the Administrator and to the Committee graph (1) to be more than the amount au- posed regulations to amend section 121.103 on Small Business and Entrepreneurship of thorized under paragraph (1) for a purpose (relating to determinations of affiliation ap- the Senate and the Committee on Small described in paragraph (1). plicable to the SBIR program) and section Business of the House of Representatives not ‘‘(6) FINAL DECISIONS ON APPLICATIONS 121.702 (relating to ownership and control later than 30 days before the date on which UNDER THE SBIR PROGRAM.— standards and size standards applicable to an award is made— ‘‘(A) DEFINITION.—In this paragraph, the the SBIR program) of title 13, Code of Fed- ‘‘(A) the Director of the National Insti- term ‘covered small business concern’ means eral Regulations, for firms that are major- tutes of Health, the Secretary of Energy, and a small business concern that— ity-owned by multiple venture capital oper- the Director of the National Science Founda- ‘‘(i) was not majority-owned by multiple ating companies and participating in the tion may award not more than 25 percent of venture capital operating companies on the SBIR program solely under the authority the funds allocated for the SBIR program of date on which the small business concern the Federal agency to small business con- under section 9(cc) of the Small Business cerns that are owned in majority part by submitted an application in response to a so- Act, as added by this section. multiple venture capital operating compa- licitation under the SBIR programs; and (B) FINAL REGULATIONS.—Not later than 1 nies through competitive, merit-based proce- ‘‘(ii) on the date of the award under the year after the date of enactment of this Act, dures that are open to all eligible small busi- SBIR program is majority-owned by mul- and after providing notice of and oppor- ness concerns; and tiple venture capital operating companies. tunity for comment on the proposed regula- ‘‘(B) the head of a Federal agency other ‘‘(B) IN GENERAL.—If a Federal agency does tions issued under subparagraph (A), the Ad- than a Federal agency described in subpara- not make an award under a solicitation ministrator shall issue final or interim final graph (A) that participates in the SBIR pro- under the SBIR program before the date that regulations under this subsection. gram may award not more than 15 percent of is 9 months after the date on which the pe- (3) CONTENTS.— the funds allocated for the SBIR program of riod for submitting applications under the (A) IN GENERAL.—The regulations issued the Federal agency to small business con- solicitation ends— under this subsection shall permit the par- cerns that are owned in majority part by ‘‘(i) a covered small business concern is eli- ticipation of applicants majority-owned by multiple venture capital operating compa- gible to receive the award, without regard to multiple venture capital operating compa- nies through competitive, merit-based proce- whether the covered small business concern nies in the SBIR program in accordance with dures that are open to all eligible small busi- meets the requirements for receiving an section 9(cc) of the Small Business Act, as ness concerns. award under the SBIR program for a small added by this section, unless the Adminis- ‘‘(2) DETERMINATION.—A written deter- business concern that is majority-owned by trator determines— mination described in this paragraph is a multiple venture capital operating compa- (i) in accordance with the size standards written determination by the head of a Fed- nies, if the covered small business concern established under subparagraph (B), that the eral agency that explains how the use of the meets all other requirements for such an applicant is— authority under paragraph (1) will— award; and (I) a large business or large entity; or ‘‘(A) induce additional venture capital ‘‘(ii) the head of the Federal agency shall (II) majority-owned or controlled by a funding of small business innovations; transfer an amount equal to any amount large business or large entity; or ‘‘(B) substantially contribute to the mis- awarded to a covered small business concern (ii) in accordance with the criteria estab- sion of the Federal agency; under the solicitation to the funds for gen- lished under subparagraph (C), that the ap- ‘‘(C) demonstrate a need for public re- eral SBIR programs from the non-SBIR and plicant— search; and non-STTR research and development funds (I) is a foreign business or a foreign entity ‘‘(D) otherwise fulfill the capital needs of of the Federal agency, not later than 90 days or is not a citizen of the United States or small business concerns for additional fi- after the date on which the Federal agency alien lawfully admitted for permanent resi- nancing for the SBIR project. makes the award. dence; or ‘‘(3) REGISTRATION.—A small business con- ‘‘(7) EVALUATION CRITERIA.—A Federal (II) is majority-owned or controlled by a cern that is majority-owned by multiple ven- agency may not use investment of venture foreign business, foreign entity, or person ture capital operating companies and quali- capital as a criterion for the award of con- who is not a citizen of the United States or fied for participation in the program author- tracts under the SBIR program or STTR pro- alien lawfully admitted for permanent resi- ized under paragraph (1) shall— gram.’’. dence.

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(B) SIZE STANDARDS.—Under the authority beginning on the date that is 1 year and 1 Policy Directive and the STTR Policy Direc- to establish size standards under paragraphs day after the date of enactment of this Act, tive of the Administrator; or (2) and (3) of section 3(a) of the Small Busi- and ending on the date on which the final or ‘‘(C) approve an agreement that violates ness Act (15 U.S.C. 632(a)), the Administrator interim final regulations are issued. any provision, including any data rights pro- shall, in accordance with paragraph (1) of (5) DEFINITION.—In this subsection, the tections provision, of this section or the this subsection, establish size standards for term ‘‘venture capital operating company’’ SBIR and the STTR Policy Directives. applicants seeking to participate in the has the same meaning as in section 3(aa) of ‘‘(3) IMPLEMENTATION.—Not later than 180 SBIR program solely under the authority the Small Business Act, as added by this sec- days after the date of enactment of this sub- under section 9(cc) of the Small Business tion. section, the Administrator shall modify the Act, as added by this section. (d) ASSISTANCE FOR DETERMINING AFFILI- SBIR Policy Directive and the STTR Policy (C) CRITERIA FOR DETERMINING FOREIGN ATES.— Directive issued under this section to ensure OWNERSHIP.—The Administrator shall estab- (1) CLEAR EXPLANATION REQUIRED.—Not that small business concerns— lish criteria for determining whether an ap- later than 30 days after the date of enact- ‘‘(A) have the flexibility to use the re- plicant meets the requirements under sub- ment of this Act, the Administrator shall sources of the Federal laboratories and feder- paragraph (A)(ii), and, in establishing the post on the Web site of the Administration ally funded research and development cen- criteria, shall consider whether the criteria (with a direct link displayed on the home- ters; and should include— page of the Web site of the Administration or ‘‘(B) are not mandated to enter into agree- (i) whether the applicant is at least 51 per- the SBIR and STTR Web sites of the Admin- ment with any Federal laboratory or any cent owned or controlled by citizens of the istration)— federally funded laboratory or research and United States or domestic venture capital (A) a clear explanation of the SBIR and development center as a condition of an operating companies; STTR affiliation rules under part 121 of title award.’’. (ii) whether the applicant is domiciled in 13, Code of Federal Regulations; and SEC. 5111. NOTICE REQUIREMENT. the United States; and (B) contact information for officers or em- (a) SBIR PROGRAM.—Section 9(g) of the (iii) whether the applicant is a direct or in- ployees of the Administration who— Small Business Act (15 U.S.C. 638(g)) is direct subsidiary of a foreign-owned firm, in- (i) upon request, shall review an issue re- amended— cluding whether the criteria should include lating to the rules described in subparagraph (1) in paragraph (10), by striking ‘‘and’’ at that an applicant is a direct or indirect sub- (A); and the end; sidiary of a foreign-owned entity if— (ii) shall respond to a request under clause (2) in paragraph (11), by striking the period (I) any venture capital operating company (i) not later than 20 business days after the at the end and inserting a semicolon; and that owns more than 20 percent of the appli- date on which the request is received. (3) by adding at the end the following: cant is a direct or indirect subsidiary of a (2) INCLUSION OF AFFILIATION RULES FOR ‘‘(12) provide timely notice to the Adminis- foreign-owned entity; or CERTAIN SMALL BUSINESS CONCERNS.—On and trator of any case or controversy before any (II) in the aggregate, entities that are di- after the date on which the final regulations Federal judicial or administrative tribunal rect or indirect subsidiaries of foreign-owned under subsection (c) are issued, the Adminis- concerning the SBIR program of the Federal entities own more than 49 percent of the ap- trator shall post on the Web site of the Ad- agency; and’’. plicant. ministration information relating to the reg- (b) STTR PROGRAM.—Section 9(o) of the (D) CRITERIA FOR DETERMINING AFFILI- ulations, in accordance with paragraph (1). Small Business Act (15 U.S.C. 638(o)) is ATION.—The Administrator shall establish SEC. 5109. SBIR AND STTR SPECIAL ACQUISITION amended— criteria, in accordance with paragraph (1), PREFERENCE. (1) by striking paragraph (15); for determining whether an applicant is af- Section 9(r) of the Small Business Act (15 (2) in paragraph (16), by striking the period filiated with a venture capital operating U.S.C. 638(r)) is amended by adding at the at the end and inserting ‘‘; and’’; company or any other business that the ven- end the following: (3) by redesignating paragraph (16) as para- ture capital operating company has financed ‘‘(4) PHASE III AWARDS.—To the greatest ex- graph (15); and and, in establishing the criteria, shall speci- tent practicable, Federal agencies and Fed- (4) by adding at the end the following: fy that— eral prime contractors shall issue Phase III ‘‘(16) provide timely notice to the Adminis- (i) if a venture capital operating company awards relating to technology, including sole trator of any case or controversy before any that is determined to be affiliated with an source awards, to the SBIR and STTR award Federal judicial or administrative tribunal applicant is a minority investor in the appli- recipients that developed the technology.’’. concerning the STTR program of the Federal cant, the portfolio companies of the venture SEC. 5110. COLLABORATING WITH FEDERAL LAB- agency.’’. capital operating company shall not be de- ORATORIES AND RESEARCH AND DE- SEC. 5112. EXPRESS AUTHORITY FOR AN AGENCY termined to be affiliated with the applicant, VELOPMENT CENTERS. TO AWARD SEQUENTIAL PHASE II unless— Section 9 of the Small Business Act (15 AWARDS FOR SBIR OR STTR FUNDED (I) the venture capital operating company U.S.C. 638), as amended by this Act, is PROJECTS. owns a majority of the portfolio company; or amended by adding at the end the following: Section 9 of the Small Business Act (15 (II) the venture capital operating company ‘‘(dd) COLLABORATING WITH FEDERAL LAB- U.S.C. 638), as amended by this Act, is holds a majority of the seats on the board of ORATORIES AND RESEARCH AND DEVELOPMENT amended by adding at the end the following: directors of the portfolio company; CENTERS.— ‘‘(ee) ADDITIONAL PHASE II SBIR AND STTR (ii) subject to clause (i), the Administrator ‘‘(1) AUTHORIZATION.—Subject to the limi- AWARDS.—A small business concern that re- retains the authority to determine whether a tations under this section, the head of each ceives a Phase II SBIR award or a Phase II venture capital operating company is affili- participating Federal agency may make STTR award for a project remains eligible to ated with an applicant, including estab- SBIR and STTR awards to any eligible small receive an additional Phase II SBIR award or lishing other criteria; business concern that— Phase II STTR award for that project.’’. (iii) the Administrator may not determine ‘‘(A) intends to enter into an agreement TITLE LII—OUTREACH AND that a portfolio company of a venture capital with a Federal laboratory or federally funded COMMERCIALIZATION INITIATIVES operating company is affiliated with an ap- research and development center for portions SEC. 5201. RURAL AND STATE OUTREACH. plicant based solely on one or more shared of the activities to be performed under that (a) IN GENERAL.—Section 9 of the Small investors; and award; or Business Act (15 U.S.C. 638) is amended by in- (iv) subject to clauses (i), (ii), and (iii), the ‘‘(B) has entered into a cooperative re- serting after subsection (r) the following: Administrator retains the authority to de- search and development agreement (as de- ‘‘(s) FEDERAL AND STATE TECHNOLOGY termine whether a portfolio company of a fined in section 12(d) of the Stevenson- PARTNERSHIP PROGRAM.— venture capital operating company is affili- Wydler Technology Innovation Act of 1980 (15 ‘‘(1) DEFINITIONS.—In this subsection, the ated with an applicant based on factors inde- U.S.C. 3710a(d))) with a Federal laboratory. following definitions apply: pendent of whether there is a shared inves- ‘‘(2) PROHIBITION.—No Federal agency ‘‘(A) APPLICANT.—The term ‘applicant’ tor, such as whether there are contractual shall— means an entity, organization, or individual obligations between the portfolio company ‘‘(A) condition an SBIR or STTR award that submits a proposal for an award or a co- and the applicant. upon entering into agreement with any Fed- operative agreement under this subsection. (4) ENFORCEMENT.—If the Administrator eral laboratory or any federally funded lab- ‘‘(B) FAST PROGRAM.—The term ‘FAST does not issue final or interim final regula- oratory or research and development center program’ means the Federal and State Tech- tions under this subsection on or before the for any portion of the activities to be per- nology Partnership Program established date that is 1 year after the date of enact- formed under that award; under this subsection. ment of this Act, the Administrator may not ‘‘(B) approve an agreement between a ‘‘(C) RECIPIENT.—The term ‘recipient’ carry out any activities under section 4(h) of small business concern receiving a SBIR or means a person that receives an award or be- the Small Business Act (15 U.S.C. 633(h)) (as STTR award and a Federal laboratory or fed- comes party to a cooperative agreement continued in effect pursuant to the Act enti- erally funded laboratory or research and de- under this subsection. tled ‘‘An Act to extend temporarily certain velopment center, if the small business con- ‘‘(D) STATE.—The term ‘State’ means each authorities of the Small Business Adminis- cern performs a lesser portion of the activi- of the several States, the District of Colum- tration’’, approved October 10, 2006 (Public ties to be performed under that award than bia, the Commonwealth of Puerto Rico, the Law 109–316; 120 Stat. 1742)) during the period required by this section and by the SBIR Virgin Islands, Guam, and American Samoa.

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‘‘(E) DEFINITIONS RELATING TO MENTORING ‘‘(ii) shall consider, at a minimum— ‘‘(i) IN GENERAL.—The non-Federal share of NETWORKS.—The terms ‘business advice and ‘‘(I) whether the applicant has dem- the cost of an activity (other than a plan- counseling’, ‘mentor’, and ‘mentoring net- onstrated that the assistance to be provided ning activity) carried out using an award or work’ have the meanings given those terms would address unmet needs of small business under a cooperative agreement under this in section 34(e). concerns in the community, and whether it subsection shall be— ‘‘(2) ESTABLISHMENT OF PROGRAM.—The Ad- is important to use Federal funding for the ‘‘(I) except as provided in clause (iii), 35 ministrator shall establish a program to be proposed activities; cents for each Federal dollar, in the case of known as the Federal and State Technology ‘‘(II) whether the applicant has dem- a recipient that will serve small business Partnership Program, the purpose of which onstrated that a need exists to increase the concerns located in 1 of the 18 States receiv- shall be to strengthen the technological number or success of small high-technology ing the fewest Phase I SBIR awards; competitiveness of small business concerns businesses in the State or an area of the ‘‘(II) except as provided in clause (ii) or in the States. State, as measured by the number of Phase (iii), 1 dollar for each Federal dollar, in the ‘‘(3) GRANTS AND COOPERATIVE AGREE- I and Phase II SBIR awards that have his- case of a recipient that will serve small busi- MENTS.— torically been received by small business ness concerns located in 1 of the 16 States re- ‘‘(A) JOINT REVIEW.—In carrying out the concerns in the State or area of the State; ceiving the greatest number of Phase I SBIR FAST program, the Administrator and the ‘‘(III) whether the projected costs of the awards; and program managers for the SBIR program and proposed activities are reasonable; ‘‘(III) except as provided in clause (ii) or STTR program at the National Science ‘‘(IV) whether the proposal integrates and (iii), 50 cents for each Federal dollar, in the Foundation, the Department of Defense, and coordinates the proposed activities with case of a recipient that will serve small busi- any other Federal agency determined appro- other State and local programs assisting ness concerns located in a State that is not priate by the Administrator shall jointly re- small high-technology firms in the State; described in subclause (I) or (II) that is re- view proposals submitted by applicants and ‘‘(V) the manner in which the applicant ceiving Phase I SBIR awards. may make awards or enter into cooperative will measure the results of the activities to ‘‘(ii) LOW-INCOME AREAS.—The non-Federal agreements under this subsection based on be conducted; and share of the cost of the activity carried out the factors for consideration set forth in sub- ‘‘(VI) whether the proposal addresses the using an award or under a cooperative agree- paragraph (B), in order to enhance or develop needs of small business concerns— ment under this subsection shall be 35 cents in a State— ‘‘(aa) owned and controlled by women; for each Federal dollar that will be directly ‘‘(i) technology research and development ‘‘(bb) that are socially and economically allocated by a recipient described in clause by small business concerns; disadvantaged small business concerns (as (i) to serve small business concerns located ‘‘(ii) technology transfer from university defined in section 8(a)(4)(A)); in a qualified census tract, as that term is research to technology-based small business ‘‘(cc) that are HUBZone small business defined in section 42(d)(5)(B)(ii)(I) of the In- concerns; concerns; ternal Revenue Code of 1986. Federal dollars ‘‘(iii) technology deployment and diffusion ‘‘(dd) located in areas that have histori- not so allocated by that recipient shall be benefitting small business concerns; cally not participated in the SBIR and STTR subject to the matching requirements of ‘‘(iv) the technological capabilities of programs; clause (i). small business concerns through the estab- ‘‘(ee) owned and controlled by service-dis- ‘‘(iii) RURAL AREAS.— lishment or operation of consortia comprised abled veterans; ‘‘(I) IN GENERAL.—Except as provided in of entities, organizations, or individuals, in- ‘‘(ff) owned and controlled by Native Amer- subclause (II), the non-Federal share of the cluding— icans; and cost of the activity carried out using an ‘‘(I) State and local development agencies ‘‘(gg) located in geographic areas with an award or under a cooperative agreement and entities; unemployment rate that exceeds the na- under this subsection shall be 35 cents for ‘‘(II) representatives of technology-based tional unemployment rate, based on the each Federal dollar that will be directly allo- small business concerns; most recently available monthly publica- cated by a recipient described in clause (i) to ‘‘(III) industries and emerging companies; tions of the Bureau of Labor Statistics of the serve small business concerns located in a ‘‘(IV) universities; and Department of Labor. rural area. ‘‘(V) small business development centers; ‘‘(C) PROPOSAL LIMIT.—Not more than 1 ‘‘(II) ENHANCED RURAL AWARDS.—For a re- and proposal may be submitted for inclusion in cipient located in a rural area that is located ‘‘(v) outreach, financial support, and tech- the FAST program under this subsection to in a State described in clause (i)(I), the non- nical assistance to technology-based small provide services in any one State in any 1 Federal share of the cost of the activity car- business concerns participating in or inter- fiscal year. ried out using an award or under a coopera- ested in participating in an SBIR program or ‘‘(D) PROCESS.—Proposals and applications tive agreement under this subsection shall STTR program, including initiatives— for assistance under this subsection shall be be 15 cents for each Federal dollar that will ‘‘(I) to make grants or loans to companies in such form and subject to such procedures be directly allocated by a recipient described to pay a portion or all of the cost of devel- as the Administrator shall establish. The Ad- in clause (i) to serve small business concerns oping SBIR or STTR proposals; ministrator shall promulgate regulations es- located in the rural area. ‘‘(II) to establish or operate a Mentoring tablishing standards for the consideration of ‘‘(III) DEFINITION OF RURAL AREA.—In this Network within the FAST program to pro- proposals under subparagraph (B), including clause, the term ‘rural area’ has the meaning vide business advice and counseling that will standards regarding each of the consider- given that term in section 1393(a)(2) of the assist small business concerns that have ations identified in subparagraph (B)(ii). Internal Revenue Code of 1986. been identified by FAST program partici- ‘‘(4) COOPERATION AND COORDINATION.—In ‘‘(iv) TYPES OF FUNDING.—The non-Federal pants, program managers of participating carrying out the FAST program, the Admin- share of the cost of an activity carried out SBIR agencies, the Administration, or other istrator shall cooperate and coordinate by a recipient shall be comprised of not less entities that are knowledgeable about the with— than 50 percent cash and not more than 50 SBIR and STTR programs as good candidates ‘‘(A) Federal agencies required by this sec- percent of indirect costs and in-kind con- for the SBIR and STTR programs, and that tion to have an SBIR program; and tributions, except that no such costs or con- would benefit from mentoring, in accordance ‘‘(B) entities, organizations, and individ- tributions may be derived from funds from with section 34; uals actively engaged in enhancing or devel- any other Federal program. ‘‘(III) to create or participate in a training oping the technological capabilities of small ‘‘(v) RANKINGS.—For the first full fiscal program for individuals providing SBIR or business concerns, including— year after the date of enactment of the STTR outreach and assistance at the State ‘‘(i) State and local development agencies SBIR/STTR Reauthorization Act of 2011, and and local levels; and and entities; each fiscal year thereafter, based on the sta- ‘‘(IV) to encourage the commercialization ‘‘(ii) State committees established under tistics for the most recent full fiscal year for of technology developed through funding the Experimental Program to Stimulate which the Administrator has compiled sta- under the SBIR program or the STTR pro- Competitive Research of the National tistics, the Administrator shall reevaluate gram. Science Foundation (as established under the ranking of each State for purposes of ‘‘(B) SELECTION CONSIDERATIONS.—In mak- section 113 of the National Science Founda- clause (i). ing awards or entering into cooperative tion Authorization Act of 1988 (42 U.S.C. ‘‘(C) DURATION.—Awards may be made or agreements under this subsection, the Ad- 1862g)); cooperative agreements entered into under ministrator and the program managers re- ‘‘(iii) State science and technology coun- this subsection for multiple years, not to ex- ferred to in subparagraph (A)— cils; and ceed 5 years in total. ‘‘(i) may only consider proposals by appli- ‘‘(iv) representatives of technology-based ‘‘(6) ANNUAL REPORTS.—The Administrator cants that intend to use a portion of the Fed- small business concerns. shall submit an annual report to the Com- eral assistance provided under this sub- ‘‘(5) ADMINISTRATIVE REQUIREMENTS.— mittee on Small Business of the Senate and section to provide outreach, financial sup- ‘‘(A) COMPETITIVE BASIS.—Awards and co- the Committee on Science and the Com- port, or technical assistance to technology- operative agreements under this subsection mittee on Small Business of the House of based small business concerns participating shall be made or entered into, as applicable, Representatives regarding— in or interested in participating in the SBIR on a competitive basis. ‘‘(A) the number and amount of awards program or STTR program; and ‘‘(B) MATCHING REQUIREMENTS.— provided and cooperative agreements entered

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7734 CONGRESSIONAL RECORD — SENATE November 17, 2011 into under the FAST program during the (6) in section 39(d) (15 U.S.C. 657l(d)), as so (5) by striking paragraphs (5) and (6); and preceding year; redesignated, by striking ‘‘section 43’’ and (6) by inserting after paragraph (4) the fol- ‘‘(B) a list of recipients under this sub- inserting ‘‘section 42’’; and lowing: section, including their location and the ac- (7) in section 40(b) (15 U.S.C. 657m(b)), as so ‘‘(5) INSERTION INCENTIVES.—For any con- tivities being performed with the awards redesignated, by striking ‘‘section 43’’ and tract with a value of not less than made or under the cooperative agreements inserting ‘‘section 42’’. $100,000,000, the Secretary of Defense is au- entered into; and SEC. 5202. TECHNICAL ASSISTANCE FOR AWARD- thorized to— ‘‘(C) the Mentoring Networks and the men- EES. ‘‘(A) establish goals for the transition of toring database, as provided for under sec- Section 9(q) of the Small Business Act (15 Phase III technologies in subcontracting tion 34, including— U.S.C. 638(q)) is amended— plans; and ‘‘(i) the status of the inclusion of men- (1) in paragraph (1)— ‘‘(B) require a prime contractor on such a toring information in the database required (A) by inserting ‘‘or STTR program’’ after contract to report the number and dollar by subsection (k); and ‘‘SBIR program’’; and amount of contracts entered into by that ‘‘(ii) the status of the implementation and (B) by striking ‘‘SBIR projects’’ and insert- prime contractor for Phase III SBIR or description of the usage of the Mentoring ing ‘‘SBIR or STTR projects’’; STTR projects. Networks. (2) in paragraph (2), by striking ‘‘3 years’’ ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY and inserting ‘‘5 years’’; and ‘‘(7) PROGRAM LEVELS.— INSERTION.—The Secretary of Defense shall— (3) in paragraph (3)— ‘‘(A) IN GENERAL.—There is authorized to ‘‘(A) set a goal to increase the number of be appropriated to carry out the FAST pro- (A) in subparagraph (A)— Phase II SBIR contracts and the number of (i) by inserting ‘‘or STTR’’ after ‘‘SBIR’’; gram, including Mentoring Networks, under Phase II STTR contracts awarded by that and this subsection and section 34, $15,000,000 for Secretary that lead to technology transition (ii) by striking ‘‘$4,000’’ and inserting each of fiscal years 2011 through 2016. into programs of record or fielded systems; ‘‘$5,000’’; ‘‘(B) MENTORING DATABASE.—Of the total ‘‘(B) use incentives in effect on the date of (B) by striking subparagraph (B) and in- amount made available under subparagraph enactment of the SBIR/STTR Reauthoriza- serting the following: (A) for fiscal years 2011 through 2016, a rea- tion Act of 2011, or create new incentives, to ‘‘(B) PHASE II.—A Federal agency described sonable amount, not to exceed a total of encourage agency program managers and in paragraph (1) may— $500,000, may be used by the Administration prime contractors to meet the goal under ‘‘(i) provide to the recipient of a Phase II subparagraph (A); and to carry out section 34(d). SBIR or STTR award, through a vendor se- ‘‘(8) TERMINATION.—The authority to carry ‘‘(C) include in the annual report to Con- lected under paragraph (2), the services de- gress the percentage of contracts described out the FAST program under this subsection scribed in paragraph (1), in an amount equal in subparagraph (A) awarded by that Sec- shall terminate on September 30, 2016.’’. to not more than $5,000 per year; or retary, and information on the ongoing sta- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) authorize the recipient of a Phase II tus of projects funded through the Commer- SBIR or STTR award to purchase the serv- MENTS.—The Small Business Act (15 U.S.C. cialization Readiness Program and efforts to ices described in paragraph (1), in an amount 631 et seq.) is amended— transition these technologies into programs equal to not more than $5,000 per year, which (1) by striking section 34 (15 U.S.C. 657d); of record or fielded systems.’’. shall be in addition to the amount of the re- (2) by redesignating sections 35 through 43 (b) TECHNICAL AND CONFORMING AMEND- as sections 34 through 42, respectively; cipient’s award.’’; and (C) by adding at the end the following: MENT.—Section 9(i)(1) of the Small Business (3) in section 9(k)(1)(D) (15 U.S.C. Act (15 U.S.C. 638(i)(1)) is amended by insert- 638(k)(1)(D)), by striking ‘‘section 35(d)’’ and ‘‘(C) FLEXIBILITY.—In carrying out sub- paragraphs (A) and (B), each Federal agency ing ‘‘(including awards under subsection inserting ‘‘section 34(d)’’; (y))’’ after ‘‘the number of awards’’. (4) in section 34 (15 U.S.C. 657e), as so redes- shall provide the allowable amounts to a re- ignated— cipient that meets the eligibility require- SEC. 5204. COMMERCIALIZATION READINESS PILOT PROGRAM FOR CIVILIAN (A) in subsection (c)(1), by striking ‘‘sec- ments under the applicable subparagraph, if the recipient requests to seek technical as- AGENCIES. tion 34(c)(1)(E)(ii)’’ and inserting ‘‘section Section 9 of the Small Business Act (15 9(s)(3)(A)(v)(II)’’; sistance from an individual or entity other than the vendor selected under paragraph (2) U.S.C. 638), as amended by this Act, is (B) by striking ‘‘section 34’’ each place it amended by adding at the end the following: appears and inserting ‘‘section 9(s)’’; and by the Federal agency. ‘‘(ff) PILOT PROGRAM.— (C) by adding at the end the following: ‘‘(D) LIMITATION.—A Federal agency may not— ‘‘(1) AUTHORIZATION.—The head of each cov- ‘‘(e) DEFINITIONS.—In this section, the fol- ‘‘(i) use the amounts authorized under sub- ered Federal agency may allocate not more lowing definitions apply: paragraph (A) or (B) unless the vendor se- than 10 percent of the funds allocated to the ‘‘(1) BUSINESS ADVICE AND COUNSELING.— lected under paragraph (2) provides the tech- SBIR program and the STTR program of the The term ‘business advice and counseling’ nical assistance to the recipient; or covered Federal agency— means providing advice and assistance on ‘‘(ii) enter a contract with a vendor under ‘‘(A) for awards for technology develop- matters described in subsection (c)(2)(B) to paragraph (2) under which the amount pro- ment, testing, and evaluation of SBIR and small business concerns to guide them vided for technical assistance is based on STTR Phase II technologies; or through the SBIR and STTR program proc- total number of Phase I or Phase II awards.’’. ‘‘(B) to support the progress of research or ess, from application to award and successful SEC. 5203. COMMERCIALIZATION READINESS research and development conducted under completion of each phase of the program. PROGRAM AT DEPARTMENT OF DE- the SBIR or STTR programs to Phase III. ‘‘(2) FAST PROGRAM.—The term ‘FAST pro- FENSE. ‘‘(2) APPLICATION BY FEDERAL AGENCY.— gram’ means the Federal and State Tech- (a) IN GENERAL.—Section 9(y) of the Small ‘‘(A) IN GENERAL.—A covered Federal agen- nology Partnership Program established Business Act (15 U.S.C. 638(y)) is amended— cy may not establish a pilot program unless under section 9(s). (1) in the subsection heading, by striking the covered Federal agency makes a written ‘‘(3) MENTOR.—The term ‘mentor’ means an ‘‘PILOT’’ and inserting ‘‘READINESS’’; application to the Administrator, not later individual described in subsection (c)(2). (2) by striking ‘‘Pilot’’ each place that than 90 days before to the first day of the fis- ‘‘(4) MENTORING NETWORK.—The term ‘Men- term appears and inserting ‘‘Readiness’’; cal year in which the pilot program is to be toring Network’ means an association, orga- (3) in paragraph (1)— established, that describes a compelling rea- nization, coalition, or other entity (includ- (A) by inserting ‘‘or Small Business Tech- son that additional investment in SBIR or ing an individual) that meets the require- nology Transfer Program’’ after ‘‘Small STTR technologies is necessary, including ments of subsection (c). Business Innovation Research Program’’; unusually high regulatory, systems integra- ‘‘(5) RECIPIENT.—The term ‘recipient’ and tion, or other costs relating to development means a person that receives an award or be- (B) by adding at the end the following: or manufacturing of identifiable, highly comes party to a cooperative agreement ‘‘The authority to create and administer a promising small business technologies or a under this section. Commercialization Readiness Program under class of such technologies expected to sub- ‘‘(6) SBIR PROGRAM.—The term ‘SBIR pro- this subsection may not be construed to stantially advance the mission of the agen- gram’ has the same meaning as in section eliminate or replace any other SBIR pro- cy. 9(e)(4). gram or STTR program that enhances the ‘‘(B) DETERMINATION.—The Administrator ‘‘(7) STATE.—The term ‘State’ means each insertion or transition of SBIR or STTR shall— of the several States, the District of Colum- technologies, including any such program in ‘‘(i) make a determination regarding an ap- bia, the Commonwealth of Puerto Rico, the effect on the date of enactment of the Na- plication submitted under subparagraph (A) Virgin Islands, Guam, and American Samoa. tional Defense Authorization Act for Fiscal not later than 30 days before the first day of ‘‘(8) STTR PROGRAM.—The term ‘STTR pro- Year 2006 (Public Law 109–163; 119 Stat. the fiscal year for which the application is gram’ has the same meaning as in section 3136).’’; submitted; 9(e)(6).’’; (4) in paragraph (2), by inserting ‘‘or Small ‘‘(ii) publish the determination in the Fed- (5) in section 36(d) (15 U.S.C. 657i(d)), as so Business Technology Transfer Program’’ eral Register; and redesignated, by striking ‘‘section 43’’ and after ‘‘Small Business Innovation Research ‘‘(iii) make a copy of the determination inserting ‘‘section 42’’; Program’’; and any related materials available to the

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7735 Committee on Small Business and Entrepre- the gaps and deficiencies in the data collec- or the STTR program of another Federal neurship of the Senate and the Committee tion concerns identified in the 2007 report of agency. on Small Business of the House of Represent- the National Academy of Science entitled ‘‘(2) PERFORMANCE MEASURES.—The head of atives. ‘An Assessment of the Small Business Inno- each Federal agency that participates in the ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The vation Research Program at the NIH’. SBIR program or the STTR program shall head of a covered Federal agency may not ‘‘(c) PILOT PROGRAM.— develop performance measures for any cov- make an award under a pilot program in ex- ‘‘(1) IN GENERAL.—The Director of the SBIR ered awardee relating to commercializing re- cess of 3 times the dollar amounts generally program of the NIH may initiate a pilot pro- search or research and development activi- established for Phase II awards under sub- gram, under a formal mechanism for design- ties under the SBIR program or the STTR section (j)(2)(D) or (p)(2)(B)(ix). ing, implementing, and evaluating pilot pro- program of the Federal agency.’’. grams, to spur innovation and to test new ‘‘(4) REGISTRATION.—Any applicant that re- SEC. 5207. CLARIFYING THE DEFINITION OF ceives an award under a pilot program shall strategies that may enhance the develop- ‘‘PHASE III’’. ment of cures and therapies. register with the Administrator in a registry (a) PHASE III AWARDS.—Section 9(e) of the ‘‘(2) CONSIDERATIONS.—The Director of the that is available to the public. Small Business Act (15 U.S.C. 638(e)) is SBIR program of the NIH may consider con- ‘‘(5) REPORT.—The head of each covered amended— ducting a pilot program to include individ- Federal agency shall include in the annual (1) in paragraph (4)(C), in the matter pre- uals with successful SBIR program experi- report of the covered Federal agency to the ceding clause (i), by inserting ‘‘for work that ence in study sections, hiring individuals Administrator an analysis of the various ac- derives from, extends, or completes efforts tivities considered for inclusion in the pilot with small business development experience for staff positions, separating the commer- made under prior funding agreements under program of the covered Federal agency and a the SBIR program’’ after ‘‘phase’’; statement of the reasons why each activity cial and scientific review processes, and ex- amining the impact of the trend toward larg- (2) in paragraph (6)(C), in the matter pre- considered was included or not included, as ceding clause (i), by inserting ‘‘for work that the case may be. er awards on the overall program. ‘‘(d) REPORT TO CONGRESS.—The Director of derives from, extends, or completes efforts ‘‘(6) TERMINATION.—The authority to estab- the NIH shall submit an annual report to made under prior funding agreements under lish a pilot program under this section ex- Congress and the advisory board on the ac- the STTR program’’ after ‘‘phase’’; pires at the end of fiscal year 2014. tivities of the SBIR program of the NIH (3) in paragraph (8), by striking ‘‘and’’ at ‘‘(7) DEFINITIONS.—In this subsection— under this section. the end; ‘‘(A) the term ‘covered Federal agency’— ‘‘(e) SBIR GRANTS AND CONTRACTS.— (4) in paragraph (9), by striking the period ‘‘(i) means a Federal agency participating ‘‘(1) IN GENERAL.—In awarding grants and at the end and inserting a semicolon; and in the SBIR program or the STTR program; contracts under the SBIR program of the (5) by adding at the end the following: and NIH each SBIR program manager shall em- ‘‘(10) the term ‘commercialization’ ‘‘(ii) does not include the Department of phasize applications that identify products, means— Defense; and processes, technologies, and services that ‘‘(A) the process of developing products, ‘‘(B) the term ‘pilot program’ means the may enhance the development of cures and processes, technologies, or services; and program established under paragraph (1).’’. therapies. ‘‘(B) the production and delivery of prod- SEC. 5205. ACCELERATING CURES. ‘‘(2) EXAMINATION OF COMMERCIALIZATION ucts, processes, technologies, or services for (a) IN GENERAL.—The Small Business Act AND OTHER METRICS.—The advisory board sale (whether by the originating party or by (15 U.S.C. 631 et seq.) is amended by inserting shall evaluate the implementation of the re- others) to or use by the Federal Government after section 42, as redesignated by section quirement under paragraph (1) by examining or commercial markets;’’. 5201 of this Act, the following: increased commercialization and other (b) TECHNICAL AND CONFORMING AMEND- ‘‘SEC. 43. SMALL BUSINESS INNOVATION RE- metrics, to be determined and collected by MENTS.—The Small Business Act (15 U.S.C. SEARCH PROGRAM. the SBIR program of the NIH. 631 et seq.) is amended— ‘‘(a) NIH CURES PILOT.— ‘‘(3) PHASE I AND II.—To the greatest extent (1) in section 9 (15 U.S.C. 638)— ‘‘(1) ESTABLISHMENT.—An independent ad- practicable, the Director of the SBIR pro- (A) in subsection (e)— visory board shall be established at the Na- gram of the NIH shall reduce the time period (i) in paragraph (4)(C)(ii), by striking ‘‘sci- tional Academy of Sciences (in this section between Phase I and Phase II funding of entific review criteria’’ and inserting referred to as the ‘advisory board’) to con- grants and contracts under the SBIR pro- ‘‘merit-based selection procedures’’; duct periodic evaluations of the SBIR pro- gram of the NIH to 90 days. (ii) in paragraph (9), by striking ‘‘the sec- gram (as that term is defined in section 9) of ‘‘(f) LIMIT.—Not more than a total of 1 per- ond or the third phase’’ and inserting ‘‘Phase each of the National Institutes of Health (re- cent of the extramural budget (as defined in II or Phase III’’; and ferred to in this section as the ‘NIH’) insti- section 9 of the Small Business Act (15 U.S.C. (iii) by adding at the end the following: tutes and centers for the purpose of improv- 638)) of the NIH for research or research and ‘‘(11) the term ‘Phase I’ means— ing the management of the SBIR program development may be used for the pilot pro- ‘‘(A) with respect to the SBIR program, the through data-driven assessment. gram under subsection (c) and to carry out first phase described in paragraph (4)(A); and ‘‘(2) MEMBERSHIP.— subsection (e).’’. ‘‘(B) with respect to the STTR program, ‘‘(A) IN GENERAL.—The advisory board shall (b) PROSPECTIVE REPEAL.—Effective 5 years the first phase described in paragraph (6)(A); consist of— after the date of enactment of this Act, the ‘‘(12) the term ‘Phase II’ means— ‘‘(i) the Director of the NIH; Small Business Act (15 U.S.C. 631 et seq.) is ‘‘(A) with respect to the SBIR program, the ‘‘(ii) the Director of the SBIR program of amended— second phase described in paragraph (4)(B); the NIH; (1) by striking section 43, as added by sub- and ‘‘(iii) senior NIH agency managers, se- section (a); and ‘‘(B) with respect to the STTR program, lected by the Director of NIH; (2) by redesignating sections 44 and 45 as the second phase described in paragraph ‘‘(iv) industry experts, selected by the sections 43 and 44, respectively. (6)(B); and Council of the National Academy of Sciences SEC. 5206. FEDERAL AGENCY ENGAGEMENT WITH ‘‘(13) the term ‘Phase III’ means— in consultation with the Associate Adminis- SBIR AND STTR AWARDEES THAT ‘‘(A) with respect to the SBIR program, the HAVE BEEN AWARDED MULTIPLE trator for Technology of the Administration PHASE I AWARDS BUT HAVE NOT third phase described in paragraph (4)(C); and and the Director of the Office of Science and BEEN AWARDED PHASE II AWARDS. ‘‘(B) with respect to the STTR program, Technology Policy; and Section 9 of the Small Business Act (15 the third phase described in paragraph ‘‘(v) owners or operators of small business U.S.C. 638), as amended by this Act, is (6)(C).’’; concerns that have received an award under amended by adding at the end the following: (B) in subsection (j)— the SBIR program of the NIH, selected by ‘‘(gg) REQUIREMENTS RELATING TO FEDERAL (i) in paragraph (1)(B), by striking ‘‘phase the Associate Administrator for Technology AGENCY ENGAGEMENT WITH CERTAIN PHASE I two’’ and inserting ‘‘Phase II’’; of the Administration. SBIR AND STTR AWARDEES.— (ii) in paragraph (2)— ‘‘(B) NUMBER OF MEMBERS.—The total num- ‘‘(1) DEFINITION.—In this subsection, the (I) in subparagraph (B)— ber of members selected under clauses (iii), term ‘covered awardee’ means a small busi- (aa) by striking ‘‘the third phase’’ each (iv), and (v) of subparagraph (A) shall not ex- ness concern that— place it appears and inserting ‘‘Phase III’’; ceed 10. ‘‘(A) has received multiple Phase I awards and ‘‘(C) EQUAL REPRESENTATION.—The total over multiple years, as determined by the (bb) by striking ‘‘the second phase’’ and in- number of members of the advisory board se- head of a Federal agency, under the SBIR serting ‘‘Phase II’’; lected under clauses (i), (ii), (iii), and (iv) of program or the STTR program of the Federal (II) in subparagraph (D)— subparagraph (A) shall be equal to the num- agency; and (aa) by striking ‘‘the first phase’’ and in- ber of members of the advisory board se- ‘‘(B) has not received a Phase II award— serting ‘‘Phase I’’; and lected under subparagraph (A)(v). ‘‘(i) under the SBIR program or STTR pro- (bb) by striking ‘‘the second phase’’ and in- ‘‘(b) ADDRESSING DATA GAPS.—In order to gram, as the case may be, of the Federal serting ‘‘Phase II’’; enhance the evidence-base guiding SBIR pro- agency described in subparagraph (A); or (III) in subparagraph (F), by striking ‘‘the gram decisions and changes, the Director of ‘‘(ii) relating to a Phase I award described third phase’’ and inserting ‘‘Phase III’’; the SBIR program of the NIH shall address in subparagraph (A) under the SBIR program (IV) in subparagraph (G)—

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7736 CONGRESSIONAL RECORD — SENATE November 17, 2011 (aa) by striking ‘‘the first phase’’ and in- (bb) by striking ‘‘third phase’’ and insert- ‘‘under each of the SBIR and STTR pro- serting ‘‘Phase I’’; and ing ‘‘Phase III’’; and grams, and a description’’ and inserting the (bb) by striking ‘‘the second phase’’ and in- (iii) in paragraph (2), by striking ‘‘third following: ‘‘(g)(8) and (o)(9); and serting ‘‘Phase II’’; and phase’’ and inserting ‘‘Phase III’’; and ‘‘(B) the number of proposals received (V) in subparagraph (H)— (I) in subsection (u)(2)(B), by striking ‘‘the from, and the number and total amount of (aa) by striking ‘‘the first phase’’ and in- first phase’’ and inserting ‘‘Phase I’’; and awards to, HUBZone small business concerns serting ‘‘Phase I’’; (2) in section 34(c)(2)(B)(vii) (15 U.S.C. and firms with venture capital investment (bb) by striking ‘‘second phase’’ each place 657e(c)(2)(B)(vii)), as redesignated by section (including those majority-owned by multiple it appears and inserting ‘‘Phase II’’; and 5201 of this Act, by striking ‘‘third phase’’ venture capital operating companies) under (cc) by striking ‘‘third phase’’ and insert- and inserting ‘‘Phase III’’. each of the SBIR and STTR programs; ing ‘‘Phase III’’; and SEC. 5208. SHORTENED PERIOD FOR FINAL DECI- ‘‘(C) a description of the extent to which (iii) in paragraph (3)— SIONS ON PROPOSALS AND APPLICA- each Federal agency is increasing outreach (I) in subparagraph (A)— TIONS. and awards to firms owned and controlled by (aa) by striking ‘‘the first phase (as de- (a) IN GENERAL.—Section 9 of the Small women and social or economically disadvan- scribed in subsection (e)(4)(A))’’ and insert- Business Act (15 U.S.C. 638) is amended— taged individuals under each of the SBIR and ing ‘‘Phase I’’; (1) in subsection (g)(4)— STTR programs; (bb) by striking ‘‘the second phase (as de- (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; ‘‘(D) general information about the imple- scribed in subsection (e)(4)(B))’’ and insert- (B) by adding ‘‘and’’ after the semicolon at mentation of, and compliance with the allo- ing ‘‘Phase II’’; and the end; and cation of funds required under, subsection (cc) by striking ‘‘the third phase (as de- (C) by adding at the end the following: (cc) for firms owned in majority part by ven- scribed in subsection (e)(4)(C))’’ and inserting ‘‘(B) make a final decision on each pro- ture capital operating companies and par- ‘‘Phase III’’; and posal submitted under the SBIR program— ticipating in the SBIR program; (II) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on ‘‘(E) a detailed description of appeals of ond phase’’ and inserting ‘‘Phase II’’; which the solicitation closes; or Phase III awards and notices of noncompli- (C) in subsection (k)— ‘‘(ii) if the Administrator authorizes an ex- ance with the SBIR Policy Directive and the (i) by striking ‘‘first phase’’ each place it tension for a solicitation, not later than 180 STTR Policy Directive filed by the Adminis- appears and inserting ‘‘Phase I’’; and days after the date on which the solicitation trator with Federal agencies; and (ii) by striking ‘‘second phase’’ each place closes;’’; and ‘‘(F) a description’’; and it appears and inserting ‘‘Phase II’’; (2) in subsection (o)(4)— (2) by inserting after paragraph (7) the fol- (D) in subsection (l)(2)— (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; lowing: (i) by striking ‘‘the first phase’’ and insert- (B) by adding ‘‘and’’ after the semicolon at ‘‘(8) to coordinate the implementation of ing ‘‘Phase I’’; and the end; and electronic databases at each of the Federal (ii) by striking ‘‘the second phase’’ and in- (C) by adding at the end the following: agencies participating in the SBIR program serting ‘‘Phase II’’; ‘‘(B) make a final decision on each pro- or the STTR program, including the tech- (E) in subsection (o)(13)— posal submitted under the STTR program— nical ability of the participating agencies to (i) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on electronically share data;’’. ond phase’’ and inserting ‘‘Phase II’’; and which the solicitation closes; or (ii) in subparagraph (C), by striking ‘‘third SEC. 5302. DATA COLLECTION FROM AGENCIES ‘‘(ii) if the Administrator authorizes an ex- FOR SBIR. phase’’ and inserting ‘‘Phase III’’; tension for a solicitation, not later than 180 (F) in subsection (p)— Section 9(g) of the Small Business Act (15 days after the date on which the solicitation U.S.C. 638(g)) is amended— (i) in paragraph (2)(B)— closes;’’. (I) in clause (vi)— (1) by striking paragraph (10); (b) NIH PEER REVIEW PROCESS.— (aa) by striking ‘‘the second phase’’ and in- (2) by redesignating paragraphs (8) and (9) (1) IN GENERAL.—Section 9 of the Small serting ‘‘Phase II’’; and as paragraphs (9) and (10), respectively; and Business Act (15 U.S.C. 638), as amended by (3) by inserting after paragraph (7) the fol- (bb) by striking ‘‘the third phase’’ and in- this Act, is amended by adding at the end serting ‘‘Phase III’’; and lowing: the following: (II) in clause (ix)— ‘‘(8) collect annually, and maintain in a ‘‘(hh) NIH PEER REVIEW PROCESS.—The Di- common format in accordance with the sim- (aa) by striking ‘‘the first phase’’ and in- rector of the National Institutes of Health serting ‘‘Phase I’’; and plified reporting requirements under sub- may make an award under the SBIR program (bb) by striking ‘‘the second phase’’ and in- section (v), such information from awardees or the STTR program of the National Insti- serting ‘‘Phase II’’; and as is necessary to assess the SBIR program, tutes of Health if the application for the (ii) in paragraph (3)— including information necessary to maintain award has undergone technical and scientific (I) by striking ‘‘the first phase (as de- the database described in subsection (k), in- peer review under section 492 of the Public scribed in subsection (e)(6)(A))’’ and insert- cluding— Health Service Act (42 U.S.C. 289a).’’. ing ‘‘Phase I’’; ‘‘(A) whether an awardee— (2) TECHNICAL AND CONFORMING AMEND- (II) by striking ‘‘the second phase (as de- ‘‘(i) has venture capital or is majority- MENTS.—Section 105 of the National Insti- scribed in subsection (e)(6)(B))’’ and insert- owned by multiple venture capital operating tutes of Health Reform Act of 2006 (42 U.S.C. ing ‘‘Phase II’’; and companies, and, if so— (III) by striking ‘‘the third phase (as de- 284n) is amended— ‘‘(I) the amount of venture capital that the scribed in subsection (e)(6)(A))’’ and insert- (A) in subsection (a)(3)— awardee has received as of the date of the ing ‘‘Phase III’’; (i) by striking ‘‘A grant’’ and inserting award; and (G) in subsection (q)(3)— ‘‘Except as provided in section 9(hh) of the ‘‘(II) the amount of additional capital that (i) in subparagraph (A)— Small Business Act (15 U.S.C. 638(hh)), a the awardee has invested in the SBIR tech- (I) in the subparagraph heading, by strik- grant’’; and nology; (ii) by striking ‘‘section 402(k)’’ and all ing ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; ‘‘(ii) has an investor that— and that follows through ‘‘Act)’’ and inserting ‘‘(I) is an individual who is not a citizen of (II) by striking ‘‘first phase’’ and inserting ‘‘section 402(l) of such Act’’; and the United States or a lawful permanent ‘‘Phase I’’; and (B) in subsection (b)(5)— resident of the United States, and if so, the (ii) in subparagraph (B)— (i) by striking ‘‘A grant’’ and inserting name of any such individual; or (I) in the subparagraph heading, by strik- ‘‘Except as provided in section 9(hh) of the ‘‘(II) is a person that is not an individual Small Business Act (15 U.S.C. 638(hh)), a ing ‘‘SECOND PHASE’’ and inserting ‘‘PHASE and is not organized under the laws of a grant’’; and II’’; and State or the United States, and if so the (II) by striking ‘‘second phase’’ and insert- (ii) by striking ‘‘section 402(k)’’ and all name of any such person; ing ‘‘Phase II’’; that follows through ‘‘Act)’’ and inserting ‘‘(iii) is owned by a woman or has a woman (H) in subsection (r)— ‘‘section 402(l) of such Act’’. as a principal investigator; (i) in the subsection heading, by striking TITLE LIII—OVERSIGHT AND EVALUATION ‘‘(iv) is owned by a socially or economi- ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; SEC. 5301. STREAMLINING ANNUAL EVALUATION cally disadvantaged individual or has a so- (ii) in paragraph (1)— REQUIREMENTS. cially or economically disadvantaged indi- (I) in the first sentence— Section 9(b) of the Small Business Act (15 vidual as a principal investigator; (aa) by striking ‘‘for the second phase’’ and U.S.C. 638(b)), as amended by section 5102 of ‘‘(v) received assistance under the FAST inserting ‘‘for Phase II’’; this Act, is amended— program under section 34, as in effect on the (bb) by striking ‘‘third phase’’ and insert- (1) in paragraph (7)— day before the date of enactment of the ing ‘‘Phase III’’; and (A) by striking ‘‘STTR programs, including SBIR/STTR Reauthorization Act of 2011, or (cc) by striking ‘‘second phase period’’ and the data’’ and inserting the following: the outreach program under subsection (s); inserting ‘‘Phase II period’’; and ‘‘STTR programs, including— ‘‘(vi) is a faculty member or a student of (II) in the second sentence— ‘‘(A) the data’’; an institution of higher education, as that (aa) by striking ‘‘second phase’’ and insert- (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), term is defined in section 101 of the Higher ing ‘‘Phase II’’; and the number’’ and all that follows through Education Act of 1965 (20 U.S.C. 1001); or

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7737 ‘‘(vii) is located in a State described in ‘‘(iii) is owned by a socially or economi- ‘‘(I) any individual who is not a citizen of subsection (u)(3); and cally disadvantaged individual or has a so- the United States or a lawful permanent ‘‘(B) a justification statement from the cially or economically disadvantaged indi- resident of the United States; or agency, if an awardee receives an award in vidual as a principal investigator; ‘‘(II) any person that is not an individual an amount that is more than the award ‘‘(iv) received assistance under the FAST and is not organized under the laws of a guidelines under this section;’’. program under section 34, as in effect on the State or the United States;’’; SEC. 5303. DATA COLLECTION FROM AGENCIES day before the date of enactment of the (G) in subparagraph (E), as so redesignated, FOR STTR. SBIR/STTR Reauthorization Act of 2011, or by striking ‘‘and’’ at the end; Section 9(o) of the Small Business Act (15 the outreach program under subsection (s); (H) in subparagraph (F), as so redesignated, U.S.C. 638(o)) is amended by striking para- or by striking the period at the end and insert- graph (9) and inserting the following: ‘‘(v) is owned by a faculty member or a stu- ing ‘‘; and’’; and ‘‘(9) collect annually, and maintain in a dent of an institution of higher education, as (I) by adding at the end the following: common format in accordance with the sim- that term is defined in section 101 of the ‘‘(G) includes a timely and accurate list of plified reporting requirements under sub- Higher Education Act of 1965 (20 U.S.C. any individual or small business concern section (v), such information from applicants 1001).’’. that has participated in the SBIR program and awardees as is necessary to assess the SEC. 5305. GOVERNMENT DATABASE. or STTR program that has committed fraud, waste, or abuse relating to the SBIR pro- STTR program outputs and outcomes, in- Section 9(k) of the Small Business Act (15 gram or STTR program.’’; and cluding information necessary to maintain U.S.C. 638(k)) is amended— (2) in paragraph (3), by adding at the end the database described in subsection (k), in- (1) in paragraph (2)— the following: cluding— (A) in the matter preceding subparagraph ‘‘(C) GOVERNMENT DATABASE.—Not later ‘‘(A) whether an applicant or awardee— (A), by striking ‘‘Not later’’ and all that fol- than 60 days after the date established by a ‘‘(i) has venture capital or is majority- lows through ‘‘Act of 2000’’ and inserting Federal agency for submitting applications owned by multiple venture capital operating ‘‘Not later than 90 days after the date of en- or proposals for a Phase I or Phase II award companies, and, if so— actment of the SBIR/STTR Reauthorization ‘‘(I) the amount of venture capital that the under the SBIR program or STTR program, Act of 2011’’; the head of the Federal agency shall submit applicant or awardee has received as of the (B) by striking subparagraph (C); date of the application or award, as applica- to the Administrator the data required under (C) by redesignating subparagraphs (A) and paragraph (2) with respect to each small ble; and (B) as subparagraphs (B) and (C), respec- ‘‘(II) the amount of additional capital that business concern that applies or submits a tively; proposal for the Phase I or Phase II award.’’. the applicant or awardee has invested in the (D) by inserting before subparagraph (B), SBIR technology; SEC. 5306. ACCURACY IN FUNDING BASE CAL- as so redesignated, the following: CULATIONS. ‘‘(ii) has an investor that— ‘‘(A) contains, for each small business con- (a) IN GENERAL.—Not later than 1 year ‘‘(I) is an individual who is not a citizen of cern that applies for, submits a proposal for, after the date of enactment of this Act, and the United States or a lawful permanent or receives an award under Phase I or Phase every year thereafter until the date that is 5 resident of the United States, and if so, the II of the SBIR program or the STTR pro- years after the date of enactment of this name of any such individual; or gram— Act, the Comptroller General of the United ‘‘(II) is a person that is not an individual ‘‘(i) the name, size, and location, and an States shall— and is not organized under the laws of a identifying number assigned by the Adminis- (1) conduct a fiscal and management audit State or the United States, and if so the tration of the small business concern; of the SBIR program and the STTR program name of any such person; ‘‘(ii) an abstract of the project; for the applicable period to— ‘‘(iii) is owned by a woman or has a woman ‘‘(iii) the specific aims of the project; (A) determine whether Federal agencies as a principal investigator; ‘‘(iv) the number of employees of the small comply with the expenditure amount re- ‘‘(iv) is owned by a socially or economi- business concern; quirements under subsections (f)(1) and (n)(1) cally disadvantaged individual or has a so- ‘‘(v) the names of key individuals that will of section 9 of the Small Business Act (15 cially or economically disadvantaged indi- carry out the project; U.S.C. 638), as amended by this Act; vidual as a principal investigator; ‘‘(vi) the percentage of effort each indi- (B) assess the extent of compliance with ‘‘(v) received assistance under the FAST vidual described in clause (iv) will contribute the requirements of section 9(i)(2) of the program under section 34 or the outreach to the project; Small Business Act (15 U.S.C. 638(i)(2)) by program under subsection (s); ‘‘(vii) whether the small business concern Federal agencies participating in the SBIR ‘‘(vi) is a faculty member or a student of is majority-owned by multiple venture cap- program or the STTR program and the Ad- an institution of higher education, as that ital operating companies; and ministration; term is defined in section 101 of the Higher ‘‘(viii) the Federal agency to which the ap- (C) assess whether it would be more con- Education Act of 1965 (20 U.S.C. 1001); or plication is made, and contact information sistent and effective to base the amount of ‘‘(vii) is located in a State in which the for the person or office within the Federal the allocations under the SBIR program and total value of contracts awarded to small agency that is responsible for reviewing ap- the STTR program on a percentage of the re- business concerns under all STTR programs plications and making awards under the search and development budget of a Federal is less than the total value of contracts SBIR program or the STTR program;’’; agency, rather than the extramural budget awarded to small business concerns in a ma- (E) by redesignating subparagraphs (D), of the Federal agency; and jority of other States, as determined by the and (E) as subparagraphs (E) and (F), respec- (D) determine the portion of the extra- Administrator in biennial fiscal years, begin- tively; mural research or research and development ning with fiscal year 2008, based on the most (F) by inserting after subparagraph (C), as budget of a Federal agency that each Federal recent statistics compiled by the Adminis- so redesignated, the following: agency spends for administrative purposes trator; and ‘‘(D) includes, for each awardee— relating to the SBIR program or STTR pro- ‘‘(B) if an awardee receives an award in an ‘‘(i) the name, size, location, and any iden- gram, and for what specific purposes, includ- amount that is more than the award guide- tifying number assigned to the awardee by ing the portion, if any, of such budget the lines under this section, a statement from the Administrator; Federal agency spends for salaries and ex- the agency that justifies the award ‘‘(ii) whether the awardee has venture cap- penses, travel to visit applicants, outreach amount;’’. ital, and, if so— events, marketing, and technical assistance; SEC. 5304. PUBLIC DATABASE. ‘‘(I) the amount of venture capital as of the and Section 9(k)(1) of the Small Business Act date of the award; (2) submit a report to the Committee on (15 U.S.C. 638(k)(1)) is amended— ‘‘(II) the percentage of ownership of the Small Business and Entrepreneurship of the (1) in subparagraph (D), by striking ‘‘and’’ awardee held by a venture capital operating Senate and the Committee on Small Busi- at the end; company, including whether the awardee is ness of the House of Representatives regard- (2) in subparagraph (E), by striking the pe- majority-owned by multiple venture capital ing the audit conducted under paragraph (1), riod at the end and inserting ‘‘; and’’; and operating companies; and including the assessments required under (3) by adding at the end the following: ‘‘(III) the amount of additional capital that subparagraphs (B) and (C), and the deter- ‘‘(F) for each small business concern that the awardee has invested in the SBIR tech- mination made under subparagraph (D) of has received a Phase I or Phase II SBIR or nology, which information shall be collected paragraph (1). STTR award from a Federal agency, whether on an annual basis; (b) DEFINITION OF APPLICABLE PERIOD.—In the small business concern— ‘‘(iii) the names and locations of any affili- this section, the term ‘‘applicable period’’ ‘‘(i) has venture capital and, if so, whether ates of the awardee; means— the small business concern is registered as ‘‘(iv) the number of employees of the (1) for the first report submitted under this majority-owned by multiple venture capital awardee; section, the period beginning on October 1, operating companies as required under sub- ‘‘(v) the number of employees of the affili- 2005, and ending on September 30 of the last section (cc)(4); ates of the awardee; and full fiscal year before the date of enactment ‘‘(ii) is owned by a woman or has a woman ‘‘(vi) the names of, and the percentage of of this Act for which information is avail- as a principal investigator; ownership of the awardee held by— able; and

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INTELLECTUAL PROPERTY PROTEC- ‘‘(D) carrying out the program under sub- port submitted under this section, the pe- TIONS. section (y); riod— (a) IN GENERAL.—The Comptroller General ‘‘(E) activities relating to oversight and (A) beginning on October 1 of the first fis- of the United States shall conduct a study of congressional reporting, including the waste, cal year after the end of the most recent full the SBIR program to assess whether— fraud, and abuse prevention activities de- fiscal year relating to which a report under (1) Federal agencies comply with the data scribed in section 313(a)(1)(B)(ii) of the SBIR/ this section was submitted; and rights protections for SBIR awardees and the STTR Reauthorization Act of 2011; (B) ending on September 30 of the last full technologies of SBIR awardees under section ‘‘(F) targeted reviews of recipients of fiscal year before the date of the report. 9 of the Small Business Act (15 U.S.C. 638); awards under the SBIR program or STTR (2) the laws and policy directives intended program of the Federal agency that the head SEC. 5307. CONTINUED EVALUATION BY THE NA- to clarify the scope of data rights, including TIONAL ACADEMY OF SCIENCES. of the Federal agency determines are at high in prototypes and mentor-prote´ge´ relation- Section 108 of the Small Business Reau- risk for fraud, waste, or abuse, to ensure ships and agreements with Federal labora- thorization Act of 2000 (15 U.S.C. 638 note) is compliance with requirements of the SBIR tories, are sufficient to protect SBIR award- amended by adding at the end the following: program or STTR program, respectively; ees; and ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- ‘‘(G) the implementation of oversight and (3) there is an effective grievance tracking THORITY.— quality control measures, including process for SBIR awardees who have griev- ‘‘(1) IN GENERAL.—Not later than 6 months verification of reports and invoices and cost ances against a Federal agency regarding after the date of enactment of the SBIR/ reviews; data rights and a process for resolving those STTR Reauthorization Act of 2011, the head ‘‘(H) carrying out subsection (cc); grievances. ‘‘(I) carrying out subsection (ff); of each agency described in subsection (a), in (b) REPORT.—Not later than 18 months consultation with the Small Business Ad- ‘‘(J) contract processing costs relating to after the date of enactment of this Act, the the SBIR program or STTR program of the ministration, shall cooperatively enter into Comptroller General shall submit to the an agreement with the National Academy of Federal agency; and Committee on Small Business and Entrepre- ‘‘(K) funding for additional personnel and Sciences for the National Research Council neurship of the Senate and the Committee to, not later than 4 years after the date of assistance with application reviews. on Small Business of the House of Represent- ERFORMANCE CRITERIA.—A Federal enactment of the SBIR/STTR Reauthoriza- ‘‘(2) P atives a report regarding the study con- agency may not use funds as authorized tion Act of 2011, and every 4 years there- ducted under subsection (a). under paragraph (1) until after the effective after— SEC. 5310. OBTAINING CONSENT FROM SBIR AND date of performance criteria, which the Ad- ‘‘(A) continue the most recent study under STTR APPLICANTS TO RELEASE ministrator shall establish, to measure any this section relating to— CONTACT INFORMATION TO ECO- benefits of using funds as authorized under ‘‘(i) the issues described in subparagraphs NOMIC DEVELOPMENT ORGANIZA- paragraph (1) and to assess continuation of (A), (B), (C), and (E) of subsection (a)(1); and TIONS. the authority under paragraph (1). ‘‘(ii) the effectiveness of the government Section 9 of the Small Business Act (15 ‘‘(3) RULES.—Not later than 180 days after and public databases described in section U.S.C. 638), as amended by this Act, is amended by adding at the end the following: the date of enactment of this subsection, the 9(k) of the Small Business Act (15 U.S.C. Administrator shall issue rules to carry out 638(k)) in reducing vulnerabilities of the ‘‘(jj) CONSENT TO RELEASE CONTACT INFOR- MATION TO ORGANIZATIONS.— this subsection.’’. SBIR program and the STTR program to ‘‘(1) ENABLING CONCERN TO GIVE CONSENT.— (b) TECHNICAL AND CONFORMING AMEND- fraud, waste, and abuse, particularly with re- Each Federal agency required by this section MENTS.— spect to Federal agencies funding duplicative to conduct an SBIR program or an STTR (1) IN GENERAL.—Section 9 of the Small proposals and business concerns falsifying program shall enable a small business con- Business Act (15 U.S.C. 638) is amended— information in proposals; cern that is an SBIR applicant or an STTR (A) in subsection (f)(2)(A), as so designated ‘‘(B) make recommendations with respect applicant to indicate to the Federal agency by section 5103(2) of this Act, by striking to the issues described in subparagraph whether the Federal agency has the consent ‘‘shall not’’ and all that follows through (A)(ii) and subparagraphs (A), (D), and (E) of of the concern to— ‘‘make available for the purpose’’ and insert- subsection (a)(2); and ‘‘(A) identify the concern to appropriate ing ‘‘shall not make available for the pur- ‘‘(C) estimate, to the extent practicable, local and State-level economic development pose’’; and the number of jobs created by the SBIR pro- organizations as an SBIR applicant or an (B) in subsection (y), as amended by sec- gram or STTR program of the agency. STTR applicant; and tion 203— ‘‘(2) CONSULTATION.—An agreement under ‘‘(B) release the contact information of the (i) by striking paragraph (4); paragraph (1) shall require the National Re- concern to such organizations. (ii) by redesignating paragraphs (5) and (6) search Council to ensure there is participa- as paragraphs (4) and (5), respectively. ‘‘(2) RULES.—The Administrator shall es- tion by and consultation with the small busi- tablish rules to implement this subsection. (2) TRANSITIONAL RULE.—Notwithstanding ness community, the Administration, and The rules shall include a requirement that a the amendments made by paragraph (1), sub- other interested parties as described in sub- Federal agency include in the SBIR and section (f)(2)(A) and (y)(4) of section 9 of the section (b). STTR application a provision through which Small Business Act (15 U.S.C. 638), as in ef- ‘‘(3) REPORTING.—An agreement under the applicant can indicate consent for pur- fect on the day before the date of enactment paragraph (1) shall require that not later poses of paragraph (1).’’. of this Act, shall continue to apply to each than 4 years after the date of enactment of Federal agency until the effective date of the the SBIR/STTR Reauthorization Act of 2011, SEC. 5311. PILOT TO ALLOW FUNDING FOR AD- MINISTRATIVE, OVERSIGHT, AND performance criteria established by the Ad- and every 4 years thereafter, the National CONTRACT PROCESSING COSTS. ministrator under subsection (kk)(2) of sec- Research Council shall submit to the head of (a) IN GENERAL.—Section 9 of the Small tion 9 of the Small Business Act, as added by the agency entering into the agreement, the Business Act (15 U.S.C. 638), as amended by subsection (a). Committee on Small Business and Entrepre- this Act, is amended by adding at the end (3) PROSPECTIVE REPEAL.—Effective on the neurship of the Senate, and the Committee the following: first day of the fourth full fiscal year fol- on Small Business of the House of Represent- ‘‘(kk) ASSISTANCE FOR ADMINISTRATIVE, lowing the date of enactment of this Act, atives a report regarding the study con- OVERSIGHT, AND CONTRACT PROCESSING section 9 of the Small Business Act (15 U.S.C. ducted under paragraph (1) and containing COSTS.— 638), as amended by paragraph (1) of this sec- the recommendations described in paragraph ‘‘(1) IN GENERAL.—Subject to paragraph (2), tion, is amended— (1).’’. for the 3 full fiscal years beginning after the (A) in subsection (f)(2)(A), by striking SEC. 5308. TECHNOLOGY INSERTION REPORTING date of enactment of this subsection, the Ad- ‘‘shall not make available for the purpose’’ REQUIREMENTS. ministrator shall allow each Federal agency and inserting the following: ‘‘shall not— Section 9 of the Small Business Act (15 required to conduct an SBIR program to use ‘‘(i) use any of its SBIR budget established U.S.C. 638), as amended by this Act, is not more than 3 percent of the funds allo- pursuant to paragraph (1) for the purpose of amended by adding at the end the following: cated to the SBIR program of the Federal funding administrative costs of the program, ‘‘(ii) PHASE III REPORTING.—The annual agency for— including costs associated with salaries and SBIR or STTR report to Congress by the Ad- ‘‘(A) the administration of the SBIR pro- expenses; or ministration under subsection (b)(7) shall in- gram or the STTR program of the Federal ‘‘(ii) make available for the purpose’’; and clude, for each Phase III award made by the agency; (B) in subsection (y)— Federal agency— ‘‘(B) the provision of outreach and tech- (i) by redesignating paragraphs (4) and (5) ‘‘(1) the name of the agency or component nical assistance relating to the SBIR pro- as paragraphs (5) and (6), respectively; and of the agency or the non-Federal source of gram or STTR program of the Federal agen- (ii) by inserting after paragraph (3) the fol- capital making the Phase III award; cy, including technical assistance site visits lowing: ‘‘(2) the name of the small business con- and personnel interviews; ‘‘(4) FUNDING.— cern or individual receiving the Phase III ‘‘(C) the implementation of commercializa- ‘‘(A) IN GENERAL.—The Secretary of De- award; and tion and outreach initiatives that were not fense and each Secretary of a military de- ‘‘(3) the dollar amount of the Phase III in effect on the date of enactment of this partment may use not more than an amount award.’’. subsection; equal to 1 percent of the funds available to

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the Department of Defense or the military (b) STUDY AND REPORT.— gram and STTR program of each Federal department pursuant to the Small Business (1) STUDY.—Not later than 1 year after the agency. Innovation Research Program for payment date of enactment of this Act, and every 3 (d) REPORTS.—The Committee shall submit of expenses incurred to administer the Com- years thereafter, the Comptroller General of to the Committee on Small Business and En- mercialization Pilot Program under this sub- the United States shall— trepreneurship of the Senate and the Com- section. (A) conduct a study that evaluates— mittee on Science and Technology and the ‘‘(B) LIMITATIONS.—The funds described in (i) the implementation by each Federal Committee on Small Business of the House subparagraph (A)— agency that participates in the SBIR pro- of Representatives— ‘‘(i) shall not be subject to the limitations gram or the STTR program of the amend- (1) a report on the review by and rec- on the use of funds in subsection (f)(2); and ments to the SBIR Policy Directive and the ommendations of the Committee under sub- ‘‘(ii) shall not be used to make Phase III STTR Policy Directive made pursuant to section (c)(1) not later than 1 year after the awards.’’. subsection (a); date of enactment of this Act; SEC. 5312. GAO STUDY WITH RESPECT TO VEN- (ii) the effectiveness of the management (2) a report on the review by and rec- TURE CAPITAL OPERATING COM- information system of each Federal agency ommendations of the Committee under sub- PANY INVOLVEMENT. that participates in the SBIR program or section (c)(2) not later than 18 months after Not later than 3 years after the date of en- STTR program in identifying duplicative the date of enactment of this Act; and actment of this Act, and every 3 years there- SBIR and STTR projects; (3) a report on the review by and rec- after, the Comptroller General of the United (iii) the effectiveness of the risk manage- ommendations of the Committee under sub- States shall— ment strategies of each Federal agency that section (c)(3) not later than 2 years after the (1) conduct a study of the impact of re- participates in the SBIR program or STTR date of enactment of this Act. quirements relating to venture capital oper- program in identifying areas of the SBIR SEC. 5315. SIMPLIFIED PAPERWORK REQUIRE- ating company involvement under section program or the STTR program that are at MENTS. 9(cc) of the Small Business Act, as added by high risk for fraud; Section 9(v) of the Small Business Act (15 section 5108 of this Act; and (iv) technological tools that may be used U.S.C. 638(v)) is amended— (2) submit to Congress a report regarding to detect patterns of behavior that may indi- (1) in the subsection heading, by striking the study conducted under paragraph (1). cate fraud by applicants to the SBIR pro- ‘‘SIMPLIFIED REPORTING REQUIREMENTS’’ and SEC. 5313. REDUCING VULNERABILITY OF SBIR gram or the STTR program; inserting ‘‘REDUCING PAPERWORK AND COM- AND STTR PROGRAMS TO FRAUD, PLIANCE URDEN WASTE, AND ABUSE. (v) the success of each Federal agency that B ’’; (2) by striking ‘‘The Administrator’’ and (a) FRAUD, WASTE, AND ABUSE PREVEN- participates in the SBIR program or STTR TION.— program in reducing fraud, waste, and abuse inserting the following: (1) GUIDELINES FOR FRAUD, WASTE, AND in the SBIR program or the STTR program ‘‘(1) STANDARDIZATION OF REPORTING RE- ABUSE PREVENTION.— of the Federal agency; and QUIREMENTS.—The Administrator’’; and (A) AMENDMENTS REQUIRED.—Not later (vi) the extent to which the Inspector Gen- (3) by adding at the end the following: than 90 days after the date of enactment of eral of each Federal agency that participates ‘‘(2) SIMPLIFICATION OF APPLICATION AND this Act, the Administrator shall amend the in the SBIR program or STTR program effec- AWARD PROCESS.—Not later than one year SBIR Policy Directive and the STTR Policy tively conducts investigations of individuals after the date of enactment of this para- Directive to include measures to prevent alleged to have submitted false claims or graph, and after a period of public comment, fraud, waste, and abuse in the SBIR program violated Federal law relating to fraud, con- the Administrator shall issue regulations or and the STTR program. flicts of interest, bribery, gratuity, or other guidelines, taking into consideration the (B) CONTENT OF AMENDMENTS.—The amend- misconduct; and unique needs of each Federal agency, to en- ments required under subparagraph (A) shall (B) submit to the Committee on Small sure that each Federal agency required to include— Business and Entrepreneurship of the Sen- carry out an SBIR program or STTR pro- (i) definitions or descriptions of fraud, ate, the Committee on Small Business of the gram simplifies and standardizes the pro- waste, and abuse; House of Representatives, and the head of gram proposal, selection, contracting, com- (ii) a requirement that the Inspectors Gen- each Federal agency that participates in the pliance, and audit procedures for the SBIR eral of each Federal agency that participates SBIR program or STTR program a report on program or STTR program of the Federal in the SBIR program or the STTR program the results of the study conducted under sub- agency (including procedures relating to cooperate to— paragraph (A). overhead rates for applicants and docu- (I) establish fraud detection indicators; SEC. 5314. INTERAGENCY POLICY COMMITTEE. mentation requirements) to reduce the pa- (II) review regulations and operating pro- (a) ESTABLISHMENT.—The Director of the perwork and regulatory compliance burden cedures of the Federal agencies; Office of Science and Technology Policy (in on small business concerns applying to and (III) coordinate information sharing be- this section referred to as the ‘‘Director’’), in participating in the SBIR program or STTR tween the Federal agencies; and conjunction with the Administrator, shall program.’’. (IV) improve the education and training of, establish an Interagency SBIR/STTR Policy TITLE LIV—POLICY DIRECTIVES and outreach to— Committee (in this section referred to as the SEC. 5401. CONFORMING AMENDMENTS TO THE (aa) administrators of the SBIR program ‘‘Committee’’) comprised of 1 representative SBIR AND THE STTR POLICY DIREC- and the STTR program of each Federal agen- from each Federal agency with an SBIR pro- TIVES. cy; gram or an STTR program and 1 representa- (a) IN GENERAL.—Not later than 180 days (bb) applicants to the SBIR program or the tive of the Office of Management and Budget. after the date of enactment of this Act, the STTR program; and (b) COCHAIRPERSONS.—The Director and the Administrator shall promulgate amend- (cc) recipients of awards under the SBIR Administrator shall serve as cochairpersons ments to the SBIR Policy Directive and the program or the STTR program; of the Committee. STTR Policy Directive to conform such di- (iii) guidelines for the monitoring and (c) DUTIES.—The Committee shall review, rectives to this Act and the amendments oversight of applicants to and recipients of and make policy recommendations on ways made by this Act. awards under the SBIR program or the STTR to improve the effectiveness and efficiency (b) PUBLISHING SBIR POLICY DIRECTIVE AND program; and of, the SBIR program and the STTR pro- THE STTR POLICY DIRECTIVE IN THE FEDERAL (iv) a requirement that each Federal agen- gram, including— REGISTER.—Not later than 180 days after the cy that participates in the SBIR program or (1) reviewing the effectiveness of the public date of enactment of this Act, the Adminis- STTR program include the telephone number and government databases described in sec- trator shall publish the amended SBIR Pol- of the hotline established under paragraph tion 9(k) of the Small Business Act (15 U.S.C. icy Directive and the amended STTR Policy (2)— 638(k)); Directive in the Federal Register. (I) on the Web site of the Federal agency; (2) identifying— TITLE LV—OTHER PROVISIONS and (A) best practices for commercialization SEC. 5501. RESEARCH TOPICS AND PROGRAM DI- (II) in any solicitation or notice of funding assistance by Federal agencies that have sig- VERSIFICATION. opportunity issued by the Federal agency for nificant potential to be employed by other (a) SBIR PROGRAM.—Section 9(g) of the the SBIR program or the STTR program. Federal agencies; and Small Business Act (15 U.S.C. 638(g)) is (2) FRAUD, WASTE, AND ABUSE PREVENTION (B) proposals by Federal agencies for ini- amended— HOTLINE.— tiatives to address challenges for small busi- (1) in paragraph (3)— (A) HOTLINE ESTABLISHED.—The Adminis- ness concerns in obtaining funding after a (A) in the matter preceding subparagraph trator shall establish a telephone hotline Phase II award ends and before commer- (A), by striking ‘‘broad research topics and that allows individuals to report fraud, cialization; and to topics that further 1 or more critical tech- waste, and abuse in the SBIR program or (3) developing and incorporating a standard nologies’’ and inserting ‘‘applications to the STTR program. evaluation framework to enable systematic Federal agency for support of projects relat- (B) PUBLICATION.—The Administrator shall assessment of the SBIR program and STTR ing to nanotechnology, rare diseases, secu- include the telephone number for the hotline program, including through improved track- rity, energy, transportation, or improving established under subparagraph (A) on the ing of awards and outcomes and development the security and quality of the water supply Web site of the Administration. of performance measures for the SBIR pro- of the United States, and the efficiency of

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water delivery systems and usage patterns in (C) by adding at the end the following: ‘‘(2) EVALUATION.—The head of each Fed- the United States (including the territories ‘‘(C) the National Academy of Sciences, in eral agency described in paragraph (1) shall of the United States) through the use of the final report issued by the ‘America’s En- conduct an annual evaluation using the technology (to the extent that the projects ergy Future: Technology Opportunities, metrics developed under paragraph (1) of— relate to the mission of the Federal agency), Risks, and Tradeoffs’ project, and in any sub- ‘‘(A) the SBIR program and the STTR pro- broad research topics, and topics that fur- sequent report by the National Academy of gram of the Federal agency; and ther 1 or more critical technologies or re- Sciences on sustainability, energy, or alter- ‘‘(B) the benefits to the people of the search priorities’’; native fuels; United States of the SBIR program and the (B) in subparagraph (A), by striking ‘‘or’’ ‘‘(D) the National Institutes of Health, in STTR program of the Federal agency. at the end; and the annual report on the rare diseases re- ‘‘(3) REPORT.— (C) by adding at the end the following: search activities of the National Institutes ‘‘(A) IN GENERAL.—The head of each Fed- ‘‘(C) the National Academy of Sciences, in of Health for fiscal year 2005, and in any sub- eral agency described in paragraph (1) shall the final report issued by the ‘America’s En- sequent report by the National Institutes of submit to the appropriate committees of ergy Future: Technology Opportunities, Health on rare diseases research activities; Congress and the Administrator an annual Risks, and Tradeoffs’ project, and in any sub- ‘‘(E) the National Academy of Sciences, in report describing in detail the results of an sequent report by the National Academy of the final report issued by the ‘Transit Re- evaluation conducted under paragraph (2). Sciences on sustainability, energy, or alter- search and Development: Federal Role in the ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The native fuels; National Program’ project and the report en- head of each Federal agency described in ‘‘(D) the National Institutes of Health, in titled ‘Transportation Research, Develop- paragraph (1) shall make each report sub- the annual report on the rare diseases re- ment and Technology Strategic Plan (2006– mitted under subparagraph (A) available to search activities of the National Institutes 2010)’ issued by the Research and Innovative the public online. of Health for fiscal year 2005, and in any sub- Technology Administration of the Depart- ‘‘(C) DEFINITION.—In this paragraph, the sequent report by the National Institutes of ment of Transportation, and in any subse- term ‘appropriate committees of Congress’ Health on rare diseases research activities; quent report issued by the National Acad- means— ‘‘(E) the National Academy of Sciences, in emy of Sciences or the Department of Trans- ‘‘(i) the Committee on Small Business and the final report issued by the ‘Transit Re- portation on transportation and infrastruc- Entrepreneurship of the Senate; and search and Development: Federal Role in the ture; or ‘‘(ii) the Committee on Small Business and National Program’ project and the report en- ‘‘(F) the national nanotechnology strategic the Committee on Science and Technology of titled ‘Transportation Research, Develop- plan required under section 2(c)(4) of the 21st the House of Representatives.’’. ment and Technology Strategic Plan (2006– Century Nanotechnology Research and De- SEC. 5503. COMPETITIVE SELECTION PROCE- 2010)’ issued by the Research and Innovative velopment Act (15 U.S.C. 7501(c)(4)) and in DURES FOR SBIR AND STTR PRO- Technology Administration of the Depart- any report issued by the National Science GRAMS. ment of Transportation, and in any subse- and Technology Council Committee on Tech- Section 9 of the Small Business Act (15 quent report issued by the National Acad- nology that focuses on areas of nanotechnol- U.S.C. 638), as amended by this Act, is emy of Sciences or the Department of Trans- ogy identified in such plan;’’; amended by adding at the end the following: portation on transportation and infrastruc- (2) in paragraph (15), by striking ‘‘and’’ at ‘‘(mm) COMPETITIVE SELECTION PROCE- ture; or the end; DURES FOR SBIR AND STTR PROGRAMS.—All ‘‘(F) the national nanotechnology strategic (3) in paragraph (16), by striking the period funds awarded, appropriated, or otherwise made available in accordance with sub- plan required under section 2(c)(4) of the 21st at the end and inserting ‘‘; and’’; and section (f) or (n) must be awarded pursuant Century Nanotechnology Research and De- (4) by adding at the end the following: to competitive and merit-based selection velopment Act (15 U.S.C. 7501(c)(4)) and in ‘‘(17) encourage applications under the procedures.’’. any report issued by the National Science STTR program (to the extent that the and Technology Council Committee on Tech- projects relate to the mission of the Federal SA 1116. Mr. WICKER submitted an nology that focuses on areas of nanotechnol- agency)— ogy identified in such plan;’’; and amendment intended to be proposed by ‘‘(A) from small business concerns in geo- him to the bill S. 1867, to authorize ap- (2) by adding after paragraph (12), as added graphic areas underrepresented in the STTR by section 5111(a) of this Act, the following: program or located in rural areas (as defined propriations for fiscal year 2012 for ‘‘(13) encourage applications under the in section 1393(a)(2) of the Internal Revenue military activities of the Department SBIR program (to the extent that the Code of 1986); of Defense, for military construction, projects relate to the mission of the Federal ‘‘(B) small business concerns owned and and for defense activities of the De- agency)— controlled by women; partment of Energy, to prescribe mili- ‘‘(A) from small business concerns in geo- ‘‘(C) small business concerns owned and tary personnel strengths for such fiscal graphic areas underrepresented in the SBIR controlled by veterans; year, and for other purposes; which was program or located in rural areas (as defined ‘‘(D) small business concerns owned and ordered to lie on the table; as follows: in section 1393(a)(2) of the Internal Revenue controlled by Native Americans; and At the end of subtitle H of title X, add the Code of 1986); ‘‘(E) small business concerns located in a following: ‘‘(B) small business concerns owned and geographic area with an unemployment rates SEC. lll. IMPROVING THE TRANSITION OF controlled by women; that exceed the national unemployment ‘‘(C) small business concerns owned and MEMBERS OF THE ARMED FORCES rate, based on the most recently available WITH EXPERIENCE IN THE OPER- controlled by veterans; monthly publications of the Bureau of Labor ATION OF CERTAIN MOTOR VEHI- ‘‘(D) small business concerns owned and Statistics of the Department of Labor.’’. CLES INTO CAREERS OPERATING controlled by Native Americans; and (c) RESEARCH AND DEVELOPMENT FOCUS.— COMMERCIAL MOTOR VEHICLES IN ‘‘(E) small business concerns located in a Section 9(x) of the Small Business Act (15 THE PRIVATE SECTOR. geographic area with an unemployment rates U.S.C. 638(x)) is amended— (a) STUDY.— that exceed the national unemployment (1) by striking paragraph (2); and (1) IN GENERAL.—Not later than 90 days rate, based on the most recently available (2) by redesignating paragraph (3) as para- after the date of the enactment of this Act, monthly publications of the Bureau of Labor graph (2). the Secretary of Defense and the Secretary Statistics of the Department of Labor.’’. SEC. 5502. REPORT ON SBIR AND STTR PROGRAM of Transportation shall jointly conduct a (b) STTR PROGRAM.—Section 9(o) of the GOALS. study to identify the legislative and regu- Small Business Act (15 U.S.C. 638(o)), as Section 9 of the Small Business Act (15 latory actions that can be taken for purposes amended by section 5111(b) of this Act, is U.S.C. 638), as amended by this Act, is as follows: amended— amended by adding at the end the following: (A) To facilitate the obtaining of commer- (1) in paragraph (3)— ‘‘(ll) ANNUAL REPORT ON SBIR AND STTR cial driver’s licenses (within the meaning of (A) in the matter preceding subparagraph PROGRAM GOALS.— section 31302 of title 49, United States Code) (A), by striking ‘‘broad research topics and ‘‘(1) DEVELOPMENT OF METRICS.—The head by former members of the Armed Forces who to topics that further 1 or more critical tech- of each Federal agency required to partici- operated qualifying motor vehicles as mem- nologies’’ and inserting ‘‘applications to the pate in the SBIR program or the STTR pro- bers of the Armed Forces. Federal agency for support of projects relat- gram shall develop metrics to evaluate the (B) To improve the transition of members ing to nanotechnology, security, energy, rare effectiveness, and the benefit to the people of of the Armed Forces who operate qualifying diseases, transportation, or improving the the United States, of the SBIR program and motor vehicles as members of the Armed security and quality of the water supply of the STTR program of the Federal agency Forces into careers operating commercial the United States (to the extent that the that— motor vehicles (as defined in section 31301 of projects relate to the mission of the Federal ‘‘(A) are science-based and statistically such title) in the private sector after separa- agency), broad research topics, and topics driven; tion from service in the Armed Forces. that further 1 or more critical technologies ‘‘(B) reflect the mission of the Federal (2) ELEMENTS.—The study required by para- or research priorities’’; agency; and graph (1) shall include the following: (B) in subparagraph (A), by striking ‘‘or’’ ‘‘(C) include factors relating to the eco- (A) Identification of any training, quali- at the end; and nomic impact of the programs. fications, or experiences of members of the

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7741 Armed Forces described in paragraph (1)(B) military activities of the Department military activities of the Department that satisfy the minimum standards pre- of Defense, for military construction, of Defense, for military construction, scribed by the Secretary of Transportation and for defense activities of the De- and for defense activities of the De- for the operation of commercial motor vehi- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- cles under section 31305 of title 49, United States Code. tary personnel strengths for such fiscal tary personnel strengths for such fiscal (B) Identification of the actions the Sec- year, and for other purposes; which was year, and for other purposes; which was retary of Defense can take to document the ordered to lie on the table; as follows: ordered to lie on the table; as follows: training, qualifications, and experiences of At the end of subtitle H of title X, add the At the end of subtitle E of title III, add the such members for the purposes described in following: following: paragraph (1). SEC. ll. WHITE SANDS MISSILE RANGE AND (C) Identification of the actions the Sec- FORT BLISS. SEC. 346. MODIFICATION OF AVAILABILITY OF retary of Defense can take to modify the (a) WITHDRAWAL.— SURCHARGES COLLECTED BY COM- MISSARY STORES. training and education programs of the De- (1) IN GENERAL.—Subject to valid existing partment of Defense for the purposes de- rights and paragraph (3), the Federal land de- (a) IN GENERAL.—Paragraph (1)(A) of sec- scribed in paragraph (1). scribed in paragraph (2) is withdrawn from— tion 2484(h) of title 10, United States Code, is (D) An assessment of the feasibility and (A) entry, appropriation, and disposal amended by striking clauses (i) and (ii) and advisability of each of the legislative and under the public land laws; inserting the following new clauses: regulatory actions identified under the (B) location, entry, and patent under the ‘‘(i) to replace, renovate, expand, improve, study. mining laws; and repair, and maintain commissary stores and (E) Development of recommendations for (C) operation of the mineral leasing, min- central product processing facilities of the legislative and regulatory actions to further eral materials, and geothermal leasing laws. defense commissary system; the purposes described in paragraph (1). (2) DESCRIPTION OF FEDERAL LAND.—The ‘‘(ii) to acquire (including acquisition by (b) IMPLEMENTATION.—Upon completion of Federal land referred to in paragraph (1) con- lease), convert, or construct such com- the study required by subsection (a), the Sec- sists of— missary stores and central product proc- retary of Defense and the Secretary of (A) the approximately 5,100 acres of land essing facilities as are authorized by law; Transportation shall carry out the actions depicted as ‘‘Withdrawal Area’’ on the map ‘‘(iii) to equip the physical infrastructure identified under the study which the Secre- entitled ‘‘White Sands Military Reservation of such commissary stores and central prod- taries— Withdrawal’’ and dated May 3, 2011; uct processing facilities; and (1) can carry out without legislative ac- (B) the approximately 37,600 acres of land ‘‘(iv) to cover environmental evaluation tion; and depicted as ‘‘Parcel 1’’, ‘‘Parcel 2’’, and ‘‘Par- and construction costs related to activities (2) jointly consider both feasible and advis- cel 3’’ on the map entitled ‘‘Don˜ a Ana Coun- described in clauses (i) and (ii), including able. ty Land Transfer and Withdrawal’’ and dated costs for surveys, administration, overhead, (c) REPORT.— April 20, 2011; and planning, and design.’’. (1) IN GENERAL.—Upon completion of the (C) any land or interest in land that is ac- (b) SOURCE AND AVAILABILITY OF CERTAIN study required by subsection (a)(1), the Sec- quired by the United States within the FUNDS.—Such section is further amended by retary of Defense and the Secretary of boundaries of the parcels described in sub- adding at the end the following new para- Transportation shall jointly submit to Con- paragraph (B). graph: gress a report on the findings of the Secre- (3) LIMITATION.—Notwithstanding para- taries with respect to the study. graph (1), the land depicted as ‘‘Parcel 3’’ on ‘‘(6)(A) There shall be credited to the ‘Sur- (2) ELEMENTS.—The report required by the map described in paragraph (2)(B) is not charge Collections, Sales of Commissary paragraph (1) shall include the following: withdrawn for purposes of the issuance of oil Stores, Defense Commissary’ account on the (A) A description of the legislative and reg- and gas pipeline rights-of-way. books of the Treasury receipts from sources or activities identified in the following: ulatory actions identified under the study. (b) RESERVATION.—The Federal land de- (B) A description of the actions described scribed in subsection (a)(2)(A) is reserved for ‘‘(i) Paragraph (5). in subparagraph (A) that can be carried out use by the Secretary of the Army for mili- ‘‘(ii) Subsections (c), (d), and (g). by the Secretary of Defense and the Sec- tary purposes in accordance with Public ‘‘(iii) Subsections (e), (g), and (h) of section retary of Transportation without any legis- Land Order 833, dated May 21, 1952 (17 Fed. 2485 of this title. lative action. Reg. 4822). ‘‘(B)(i) Funds may not be appropriated for (C) A description of the feasibility and ad- (c) TRANSFER OF ADMINISTRATIVE JURISDIC- the account referred to in subparagraph (A), visability of each of the legislative and regu- TION.—Effective on the date of enactment of or appropriated for transfer into the ac- latory actions identified by the study. this Act, administrative jurisdiction over count, unless such appropriation or transfer (D) The recommendations developed under the approximately 2,050 acres of land gen- is specifically authorized in an Act author- subsection (a)(2)(E). erally depicted as ‘‘Parcel 1’’ on the map de- izing appropriations for military activities (d) DEFINITIONS.—In this section: scribed in subsection (a)(2)(B)— of the Department of Defense. (1) MOTOR VEHICLE.—The term ‘‘motor ve- (1) is transferred from the Secretary of the ‘‘(ii) Funds appropriated for or transferred hicle’’ means a vehicle, machine, tractor, Army to the Secretary of the Interior (act- into the account in accordance with clause trailer, or semitrailer propelled or drawn by ing through the Director of the Bureau of (i) may not be merged with amounts within mechanical power and used on land, but does Land Management); and the account. not include a vehicle, machine, tractor, (2) shall be managed in accordance with— trailer, or semitrailer operated only on a rail (A) the Federal Land Policy and Manage- ‘‘(iii) Funds appropriated for or transferred line or custom harvesting farm machinery. ment Act of 1976 (43 U.S.C. 1701 et seq.); and into the account in accordance with clause (i) shall not be available to acquire, convert, (2) QUALIFYING MOTOR VEHICLE.—The term (B) any other applicable laws. construct, or improve a commissary store or ‘‘qualifying motor vehicle’’ means a motor (d) LEGAL DESCRIPTION.— central product processing facility of the de- vehicle or combination of motor vehicles (1) IN GENERAL.—As soon as practicable used to transport passengers or property after the date of enactment of this Act, the fense commissary system unless specifically that— Secretary of the Interior shall publish in the authorized in an Act authorizing military (A) has a gross combination vehicle weight Federal Register a legal description of the construction for the Department of De- rating of 26,001 pounds or more, inclusive of Federal land withdrawn by subsection (a). fense.’’. a towed unit with a gross vehicle weight rat- (2) FORCE OF LAW.—The legal description ing of more than 10,000 pounds; published under paragraph (1) shall have the SA 1119. Mr. BROWN, of Massachu- (B) has a gross vehicle weight rating of same force and effect as if included in this setts (for himself and Mr. BOOZMAN) 26,001 pounds or more; Act, except that the Secretary of the Inte- submitted an amendment intended to (C) is designed to transport 16 or more pas- rior may correct errors in the legal descrip- sengers, including the driver; or tion. be proposed by him to the bill S. 1867, (D) is of any size and is used in the trans- (3) REIMBURSEMENT OF COSTS.—The Sec- to authorize appropriations for fiscal portation of materials found to be hazardous retary of the Army shall reimburse the Sec- year 2012 for military activities of the under chapter 51 of title 49, United States retary of the Interior for any costs incurred Department of Defense, for military Code, and which require the motor vehicle to by the Secretary of the Interior in imple- construction, and for defense activities be placarded under subpart F of part 172 of menting this subsection with regard to the of the Department of Energy, to pre- title 49, Code of Federal Regulations, or any Federal land described in subsection scribe military personnel strengths for corresponding similar regulation or ruling. (a)(2)(A). such fiscal year, and for other pur- SA 1117. Mr. BINGAMAN submitted SA 1118. Mr. MCCAIN submitted an poses; which was ordered to lie on the an amendment intended to be proposed amendment intended to be proposed by table; as follows: by him to the bill S. 1867, to authorize him to the bill S. 1867, to authorize ap- At the end of subtitle I of title V, add the appropriations for fiscal year 2012 for propriations for fiscal year 2012 for following:

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7742 CONGRESSIONAL RECORD — SENATE November 17, 2011 SEC. lll. PROTECTION OF CHILD CUSTODY AR- SEC. 714. USE OF DEPARTMENT OF DEFENSE value for any real property and associated RANGEMENTS FOR PARENTS WHO FUNDS FOR ABORTIONS IN CASES real property interest acquired under this ARE MEMBERS OF THE ARMED OF RAPE AND INCEST. subsection. FORCES DEPLOYED IN SUPPORT OF Section 1093(a) of title 10, United States (b) REVOLVING FUND.—The Secretary— A CONTINGENCY OPERATION. Code, is amended by inserting before the pe- (1) through the Plant Replacement and Im- (a) CHILD CUSTODY PROTECTION.—Title II of riod at the end the following: ‘‘or in a case in provement Program of the Secretary, may the Servicemembers Civil Relief Act (50 which the pregnancy is the result of an act use amounts in the revolving fund estab- U.S.C. App. 521 et seq.) is amended by adding of rape or incest’’. lished by section 101 of the Civil Functions at the end the following new section: Appropriations Act, 1954 (33 U.S.C. 576) to ac- ‘‘SEC. 208. CHILD CUSTODY PROTECTION. SA 1121. Mrs. SHAHEEN (for herself, quire the real property and associated real ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.— Mrs. GILLIBRAND, Mrs. BOXER, Mr. LAU- property interests described in subsection If a motion for change of custody of a child TENBERG, Mrs. MURRAY, Mr. (a); and of a servicemember is filed while the service- BLUMENTHAL, and Mr. DURBIN) sub- (2) shall ensure that the revolving fund is member is deployed in support of a contin- mitted an amendment intended to be appropriately reimbursed from the benefit- gency operation, no court may enter an proposed by her to the bill S. 1867, to ting appropriations. order modifying or amending any previous (c) RIGHT OF FIRST REFUSAL.— authorize appropriations for fiscal year judgment or order, or issue a new order, that (1) IN GENERAL.—The Secretary may pro- changes the custody arrangement for that 2012 for military activities of the De- vide the seller of any real property and asso- child that existed as of the date of the de- partment of Defense, for military con- ciated property interests identified in sub- ployment of the servicemember, except that struction, and for defense activities of section (a) a right of first refusal— a court may enter a temporary custody order the Department of Energy, to prescribe (A) a right of first refusal to acquire the if the court finds that it is in the best inter- military personnel strengths for such property, or any portion of the property, in est of the child. fiscal year, and for other purposes; the event the property or portion is no ‘‘(b) COMPLETION OF DEPLOYMENT.—In any which was ordered to lie on the table; longer needed by the Department of the preceding covered under subsection (a), a Army; and court shall require that, upon the return of as follows: (B) a right of first refusal to acquire any the servicemember from deployment in sup- At the end of subtitle B of title VII, add real property or associated real property in- port of a contingency operation, the custody the following: terests acquired by condemnation in Civil order that was in effect immediately pre- SEC. 714. RESTORATION OF PREVIOUS POLICY Action No. 81-360-L, in the event the prop- ceding the date of the deployment of the REGARDING RESTRICTIONS ON USE erty, or any portion of the property, is no servicemember be reinstated, unless the OF DEPARTMENT OF DEFENSE MED- longer needed by the Department of the court finds that such a reinstatement is not ICAL FACILITIES. Army. in the best interest of the child, except that Section 1093 of title 10, United States Code, (2) NATURE OF RIGHT.—A right of first re- any such finding shall be subject to sub- is amended— fusal provided to a seller under this sub- section (c). (1) by striking subsection (b); and section shall not inure to the benefit of any ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM (2) in subsection (a), by striking ‘‘(a) RE- successor or assign of the seller. DETERMINATION OF CHILD’S BEST INTEREST.— STRICTION ON USE OF FUNDS.—’’. (d) CONSIDERATION; FAIR MARKET VALUE.— If a motion for the change of custody of the The purchase of any property by a seller ex- child of a servicemember is filed, no court SA 1122. Mrs. SHAHEEN submitted ercising a right of first refusal provided may consider the absence of the servicemem- an amendment intended to be proposed under subsection (c) shall be for— ber by reason of deployment, or possibility of by her to the bill S. 1867, to authorize (1) consideration acceptable to the Sec- deployment, in determining the best interest appropriations for fiscal year 2012 for retary; and of the child. military activities of the Department (2) not less than fair market value at the ‘‘(d) NO FEDERAL RIGHT OF ACTION.—Noth- of Defense, for military construction, time at which the property becomes avail- ing in this section shall create a Federal and for defense activities of the De- able for purchase. right of action. (e) DISPOSAL.—The Secretary may dispose ‘‘(e) PREEMPTION.—In any case where State partment of Energy, to prescribe mili- of any property or associated real property or Federal law applicable to a child custody tary personnel strengths for such fiscal interests that are subject to the exercise of proceeding under State or Federal law pro- year, and for other purposes; which was the right of first refusal under this section. vides a higher standard of protection to the ordered to lie on the table; as follows: (f) NO EFFECT ON COMPLIANCE WITH ENVI- rights of the parent who is a servicemember At the end of subtitle E of title II, add the RONMENTAL LAWS.—Nothing in this section than the rights provided under this section, following: affects or limits the application of or obliga- the State or Federal court shall apply the tion to comply with any environmental law, SEC. 2ll. LABORATORY FACILITIES, HANOVER, State or Federal standard. NEW HAMPSHIRE. including section 120(h) of the Comprehen- ‘‘(f) CONTINGENCY OPERATION DEFINED.—In sive Environmental Response, Compensa- (a) ACQUISITION.— this section, the term ‘contingency oper- tion, and Liability Act of 1980 (42 U.S.C. (1) IN GENERAL.—Subject to paragraph (3), ation’ has the meaning given that term in the Secretary of the Army (referred to in 9620(h)). section 101(a)(13) of title 10, United States this section as the ‘‘Secretary’’) may acquire Code, except that the term may include such any real property and associated real prop- SA 1123. Mr. LAUTENBERG sub- other deployments as the Secretary con- erty interests in the vicinity of Hanover, mitted an amendment intended to be cerned may prescribe.’’. New Hampshire, described in paragraph (2) as proposed by him to the bill S. 1867, to (b) CLERICAL AMENDMENT.—The table of may be needed for the Engineer Research authorize appropriations for fiscal year contents in section 1(b) of such Act is and Development Center laboratory facili- 2012 for military activities of the De- amended by adding at the end of the items ties at the Cold Regions Research and Engi- relating to title II the following new item: partment of Defense, for military con- neering Laboratory. struction, and for defense activities of ‘‘208. Child custody protection.’’. (2) DESCRIPTION OF REAL PROPERTY.—The the Department of Energy, to prescribe real property described in this paragraph is SA 1120. Mrs. SHAHEEN (for herself, the real property to be acquired under para- military personnel strengths for such Mrs. GILLIBRAND, Mrs. BOXER, Mr. LAU- graph (1)— fiscal year, and for other purposes; TENBERG, Mrs. MURRAY, Mr. (A) consisting of approximately 18.5 acres, which was ordered to lie on the table; BLUMENTHAL, Ms. STABENOW, Mr. DUR- identified as Tracts 101-1 and 101-2, together as follows: BIN, Mr. TESTER, Mr. FRANKEN, and Mr. with all necessary easements located en- At the end of subtitle A of title VII, add tirely within the Town of Hanover, New COONS) submitted an amendment in- the following: Hampshire; and tended to be proposed by her to the bill SEC. 705. SENSE OF CONGRESS ON PREMIUMS (B) generally bounded— FOR HEALTH CARE FOR RETIRED S. 1867, to authorize appropriations for (i) to the east by state route 10-Lyme CAREER MEMBERS OF THE UNI- fiscal year 2012 for military activities Road; FORMED SERVICES. of the Department of Defense, for mili- (ii) to the north by the vacant property of It is the sense of Congress that— tary construction, and for defense ac- the Trustees of Dartmouth College; (1) career members of the uniformed serv- tivities of the Department of Energy, (iii) to the south by Fletcher Circle grad- ices and their families endure unique and ex- to prescribe military personnel uate student housing owned by the Trustees traordinary demands and make extraor- strengths for such fiscal year, and for of Dartmouth College; and dinary sacrifices over the course of a 20-year (iv) to the west by approximately 9 acres of to 30-year career in protecting freedom for other purposes; which was ordered to real property acquired in fee through con- all Americans; and lie on the table; as follows: demnation in 1981 by the Secretary. (2) those decades of sacrifice constitute a At the end of subtitle B of title VII, add (3) AMOUNT PAID FOR PROPERTY.—The Sec- significant pre-paid premium for health care the following: retary shall pay not more than fair market during retirement that is over and above

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7743 what such members pay in money as a pre- ‘‘(C) describes the overall environmental (B) by striking the period at the end of mium for such health care. management of the maritime transportation paragraph (5) and inserting ‘‘; or’’; and system and the integration of environmental (C) by adding at the end the following: SA 1124. Mr. LAUTENBERG sub- stewardship into the overall system. ‘‘(6) for civil contingency operations and mitted an amendment intended to be ‘‘(2) MARINE TRANSPORTATION.—The Sec- Maritime Administration promotional and proposed by him to the bill S. 1867, to retary may investigate, make determina- media events under subsection (f).’’; and authorize appropriations for fiscal year tions concerning, and develop a repository of (2) by adding at the end the following: statistical information relating to marine ‘‘(f) CIVIL CONTINGENCY OPERATIONS AND 2012 for military activities of the De- transportation, including its relationship to partment of Defense, for military con- PROMOTIONAL AND MEDIA EVENTS.—The Sec- transportation by land and air, to facilitate retary of Transportation may allow, with struction, and for defense activities of research, assessment, and maintenance of the concurrence of the Secretary of Defense, the Department of Energy, to prescribe the maritime transportation system. As used the use of a vessel in the National Defense military personnel strengths for such in this paragraph, the term marine transpor- Reserve Fleet for civil contingency oper- fiscal year, and for other purposes; tation includes intercoastal transportation, ations requested by another Federal agency, which was ordered to lie on the table; intracoastal transportation, inland water- and for Maritime Administration pro- as follows: way transportation, ports, and marine facili- motional and media events that are related ties. On page 595, beginning with line 3, strike to demonstration projects and research and ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— development supporting the Maritime Ad- through line 22 on page 599 and insert the fol- There are authorized to be appropriated to lowing: ministration’s mission, if the Secretary of the Secretary such sums as may be nec- Transportation determines the use of the SECTION 3301. SHORT TITLE; AMENDMENT OF essary to carry out this subsection.’’. vessel is in the best interest of the United TITLE 46, UNITED STATES CODE; (b) CONTAINER-ON-BARGE TRANSPOR- States Government after— TABLE OF CONTENTS. TATION.— ‘‘(1) considering the availability of the Na- (a) SHORT TITLE.—This title may be cited (1) ASSESSMENT AND REPORT.—Not later tional Defense Reserve Fleet and Ready Re- as the Maritime Administration Authoriza- than 6 months after the date of enactment of serve Force resources; tion Act for Fiscal Year 2012. this Act, the Maritime Administration shall ‘‘(2) considering the impact on National (b) AMENDMENT OF TITLE 46, UNITED STATES assess the potential for using container-on- Defense Reserve Fleet and Ready Reserve CODE.—Except as otherwise expressly pro- barge transportation on the inland water- vided, whenever in this title an amendment ways system and submit a report, together Force mission support to the defense and or repeal is expressed in terms of an amend- with the Administration’s findings, conclu- homeland security requirements of the ment to, or a repeal of, a section or other sions, and recommendations, to the Com- United States Government; provision, the reference shall be considered mittee on Commerce, Science, and Transpor- ‘‘(3) ensuring that the use of the vessel sup- to be made to a section or other provision of tation of the Senate and the Committee on ports the mission of the Maritime Adminis- title 46, United States Code. Armed Services and the Committee on tration and does not significantly interfere (c) TABLE OF CONTENTS.—The table of con- Transportation and Infrastructure of the with vessel maintenance, repair, safety, tents for this title is as follows: House of Representatives. If the Administra- readiness, or resource availability; Sec. 3301. Short title; amendment of title 46, tion determines that it would be in the pub- ‘‘(4) ensuring that safety precautions are United States Code; table of lic interest, the report may include rec- taken, including indemnification of liability, contents. ommendations for a plan to increase aware- when applicable; Sec. 3302. Marine transportation system. ness of the potential for use of such con- ‘‘(5) ensuring that any cost incurred by the Sec. 3303. Short sea transportation program tainer-on-barge transportation and rec- use of the vessel is funded as a reimbursable amendments. ommendations for the development and im- transaction between Federal agencies, as ap- Sec. 3304. Use of national defense reserve plementation of such a plan. plicable; and fleet and ready reserve force (2) FACTORS.—In conducting the assess- ‘‘(6) considering any other factors the Sec- vessels. ment, the Administration shall consider— retary of Transportation determines are ap- Sec. 3305. Green ships program. (A) the environmental benefits of increas- propriate.’’. Sec. 3306. Waiver of navigation and vessel- ing container-on-barge movements on our in- SEC. 3305. GREEN SHIPS PROGRAM. inspection laws. land and intracoastal waterways system; (a) IN GENERAL.—Chapter 503 is amended Sec. 3307. Ship scrapping reporting require- (B) regional differences in the inland wa- by adding at the end the following: ment. terways system; Sec. 3308. Extension of maritime security (C) existing programs established at coast- ‘‘SEC. § 50307. Green ships program fleet program. al and Great Lakes ports for establishing ‘‘(a) IN GENERAL.—The Secretary of Trans- Sec. 3309. Maritime workforce study. awareness of deep sea shipping operations; portation may establish a green ships pro- Sec. 3310. Maritime administration vessel (D) mechanisms to ensure that implemen- gram to engage in the environmental study, recycling contract award prac- tation of the plan will not be inconsistent research, development, assessment, and de- tices. with antitrust laws; and ployment of emerging marine technologies Sec. 3311. Prohibition on maritime adminis- (E) potential frequency of service at inland and practices related to the marine transpor- tration receipt of polar ice- river ports. tation system through the use of public ves- breakers. SEC. 3303. SHORT SEA TRANSPORTATION PRO- sels under the control of the Maritime Ad- Sec. 3312. Authorization of appropriations GRAM AMENDMENTS. ministration or private vessels under Untied for fiscal year 2012. (a) PROGRAM PURPOSE.—Section 55601(a) is States registry, and through partnerships SEC. 3302. MARINE TRANSPORTATION SYSTEM. amended by inserting ‘‘and to promote more and cooperative efforts with academic, pub- (a) REPORT ON STATUS OF SYSTEM.—Section efficient use of the navigable waters of the lic, private, and non-governmental entities 50109(d) is amended to read as follows: United States’’ after ‘‘congestion’’. and facilities. ‘‘(d) MARINE TRANSPORTATION SYSTEM.— (b) DESIGNATION OF ROUTES.—Section ‘‘(b) PROGRAM REQUIREMENTS.—The pro- ‘‘(1) REPORT ON WATERWAYS.—Not later 55601(c) is amended by inserting ‘‘and to pro- gram shall— than October 1, 2012, the Secretary, in con- mote more efficient use of the navigable wa- ‘‘(1) identify, study, evaluate, test, dem- sultation with the Secretary of Defense and ters of the United States’’ after ‘‘coastal cor- onstrate, or improve emerging marine tech- the commanding officer of the Army Corps of ridors’’. nologies and practices that are likely to Engineers, and with the concurrence of the (c) PROJECT DESIGNATION.—Section 55601(d) achieve environmental improvements by— is amended to read as follows: Secretary of the department in which the ‘‘(A) reducing air emissions, water emis- ‘‘(d) PROJECT DESIGNATION.—The Secretary sions, or other ship discharges; Coast Guard is operating, shall submit a re- may designate a project as a short sea trans- ‘‘(B) increasing fuel economy or the use of port to the Committee on Commerce, portation project if the Secretary deter- alternative fuels and alternative energy (in- Science, and Transportation of the Senate mines that the project— cluding the use of shore power); or and the Committee on Armed Services and ‘‘(1) mitigates landside congestion; or ‘‘(C) controlling aquatic invasive species; the Committee on Transportation and Infra- ‘‘(2) promotes more efficient use of the and structure of the House of Representatives on navigable waters of the United States.’’. ‘‘(2) be coordinated with the Environ- the status of the Nation’s coastal and inland (d) DOCUMENTATION.—Section 55605 is waterways that— amended by striking ‘‘by vessel’’ and insert- mental Protection Agency, the United ‘‘(A) describes the state of the United ing ‘‘by a documented vessel’’. States Coast Guard, and other Federal, States’ marine transportation infrastruc- SEC. 3304. USE OF NATIONAL DEFENSE RESERVE State, local, or tribal agencies, as appro- ture, including intercoastal infrastructure, FLEET AND READY RESERVE FORCE priate. intracoastal infrastructure, inland waterway VESSELS. ‘‘(c) PROGRAM COORDINATION.—Program co- infrastructure, ports, and marine facilities; Section 11 of the Merchant Ship Sales Act ordination under subsection (b)(2) may in- ‘‘(B) provides estimates of the investment of 1946 (50 U.S.C. App. 1744), is amended— clude— levels required— (1) in subsection (b)— ‘‘(1) activities that are associated with the ‘‘(i) to maintain the infrastructure; and (A) by striking ‘‘or’’ in paragraph (4) after development or approval of validation and ‘‘(ii) to improve the infrastructure; and the semicolon; testing regimes; and

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7744 CONGRESSIONAL RECORD — SENATE November 17, 2011 ‘‘(2) certification or validation of emerging (2) by striking paragraph (5); an applicant that meets the requirements of technologies or practices that demonstrate (3) by redesignating paragraphs (6) through section 53102(c) (for vessels that meet the significant environmental benefits. (13) as (5) through (12), respectively; and qualifications of section 53102(b)) on the ‘‘(d) FUNDING AND FEES.— (4) by amending paragraph (5), as redesig- basis of priority for vessel type established ‘‘(1) IN GENERAL.—In carrying out the green nated by section 3308(a)(3) of this Act, to by military requirements of the Secretary of ships program, the Secretary of Transpor- read as follows: Defense. The Secretary shall allow an appli- tation may apply such funds as may be ap- ‘‘(5) PARTICIPATING FLEET VESSEL.—The cant at least 30 days to submit an applica- propriated and such funds or resources as term participating fleet vessel means any tion for a new operating agreement. After may become available by gift, cooperative vessel that— consideration of military requirements, pri- agreement, or otherwise, including the col- ‘‘(A) on October 1, 2015— ority shall be given to an applicant that is a lection of fees, for the purposes of the pro- ‘‘(i) meets the requirements of paragraph U.S. citizen under section 50501 of this title. gram and its administration. (1), (2), (3), or (4) of section 53102(c); and The Secretary may not approve an applica- ‘‘(2) ESTABLISHMENT OF FEES.—Pursuant to ‘‘(ii) is less than 20 years of age if the ves- tion without the consent of the Secretary of section 9701 of title 31, the Secretary of sel is a tank vessel, or is less than 25 years Defense. The Secretary shall enter into an Transportation may promulgate regulations of age for all other vessel types; and operating agreement with the applicant or establishing fees to recover reasonable costs ‘‘(B) on December 31, 2014, is covered by an provide a written reason for denying the ap- to the Secretary and to academic, public, operating agreement under this chapter.’’. plication.’’. and non-governmental entities associated (b) Section 53102(b) is amended to read as (d) Section 53104 is amended— with the program. follows: (1) in subsection (c), by striking paragraph ‘‘(3) FEE DEPOSIT.—Any fees collected ‘‘(b) VESSEL ELIGIBILITY.—A vessel is eligi- (3); and under this section shall be deposited in a spe- ble to be included in the Fleet if— (2) in subsection (e), by striking ‘‘an oper- cial fund of the United States Treasury for ‘‘(1) the vessel meets the requirements of ating agreement under this chapter is termi- services rendered under the program, which paragraph (1), (2), (3), or (4) of subsection (c); nated under subsection (c)(3), or if’’. thereafter shall remain available until ex- ‘‘(2) the vessel is operated (or in the case of (e) Section 53105 is amended— pended to carry out the Secretary of Trans- a vessel to be constructed, will be operated) (1) by amending subsection (e) to read as portation’s activities for which the fees were in providing transportation in foreign com- follows: collected. merce; ‘‘(e) TRANSFER OF OPERATING AGREE- ‘‘(e) REPORT.—The Secretary of Transpor- ‘‘(3) the vessel is self-propelled and— MENTS.—A contractor under an operating tation shall report on the activities, expendi- ‘‘(A) is a tank vessel that is 10 years of age agreement may transfer the agreement (in- tures, and results of the green ships program or less on the date the vessel is included in cluding all rights and obligations under the during the preceding fiscal year in the an- the Fleet; or operating agreement) to any person that is nual budget submission to Congress.’’. ‘‘(B) is any other type of vessel that is 15 eligible to enter into the operating agree- (b) CONFORMING AMENDMENT.—The table of years of age or less on the date the vessel is ment under this chapter if the Secretary and contents for chapter 503 is amended by in- included in the Fleet; the Secretary of Defense determine that the serting after the item relating to section ‘‘(4) the vessel— transfer is in the best interests of the United 50306 the following: ‘‘(A) is suitable for use by the United States. A transaction shall not be considered States for national defense or military pur- ‘‘50307. Green ships program.’’. a transfer of an operating agreement if the poses in time of war or national emergency, same legal entity with the same vessels re- SEC. 3306. WAIVER OF NAVIGATION AND VESSEL- as determined by the Secretary of Defense; mains the contracting party under the oper- INSPECTION LAWS. and ating agreement.’’; and Section 501(b) is amended by adding ‘‘A ‘‘(B) is commercially viable, as determined (2) by amending subsection (f) to read as waiver shall be accompanied by a certifi- by the Secretary; and follows: cation by the individual and the Adminis- ‘‘(5) the vessel— ‘‘(f) REPLACEMENT VESSELS.—A contractor trator to the Committee on Commerce, ‘‘(A) is a United States-documented vessel; may replace a vessel under an operating Science, and Transportation and the Com- or agreement with another vessel that is eligi- mittee on Armed Services of the Senate, and ‘‘(B) is not a United States-documented ble to be included in the Fleet under section the Committee on Transportation and Infra- vessel, but— 53102(b), if the Secretary, in conjunction structure and the Committee on Armed ‘‘(i) the owner of the vessel has dem- with the Secretary of Defense, approves the Services of the House of Representatives onstrated an intent to have the vessel docu- replacement of the vessel.’’. that it is not possible to use a United States mented under chapter 121 of this title if it is (f) Section 53106 is amended— flag vessel or United States flag vessels col- included in the Fleet; and (1) in subsection (a)(1), by striking ‘‘and (C) lectively to meet the national defense re- ‘‘(ii) at the time an operating agreement $3,100,000 for each of fiscal years 2012 through quirements.’’ after ‘‘prescribes.’’. for the vessel is entered into under this chap- 2025.’’ and inserting the following: SEC. 3307. SHIP SCRAPPING REPORTING RE- ter, the vessel is eligible for documentation ‘‘(C) $3,100,000 for each of fiscal years 2012, QUIREMENT. under chapter 121 of this title.’’. 2013, 2014, 2015, 2016, 2017, and 2018; Section 3502 of the Floyd D. Spence Na- (c) Section 53103 is amended— ‘‘(D) $3,500,000 for each of fiscal years 2019, tional Defense Authorization Act for Fiscal (1) by amending subsection (b) to read as 2020, and 2021; and Year 2001 (enacted into law by section 1 of follows: ‘‘(E) $3,700,000 for each of fiscal years 2022, Public Law 106–398; 16 U.S.C. 5405 note; 114 ‘‘(b) EXTENSION OF EXISTING OPERATING 2023, 2024, and 2025.’’; Stat. 1654A–490) is amended by amending AGREEMENTS.— (2) in subsection (c)(3)(C), by striking ‘‘a subsection (f) to read as follows: ‘‘(1) OFFER TO EXTEND.—Not later than 60 LASH vessel.’’ and inserting ‘‘a lighter ‘‘(f) The Secretary of Transportation shall days after the date of enactment of the Mari- aboard ship vessel.’’; and provide briefings, upon request, to the Com- time Administration Authorization Act for (3) by striking subsection (f). mittee on Commerce, Science, and Transpor- Fiscal Year 2012, the Secretary shall offer, to (g) Section 53107(b)(1) is amended to read as tation and the Committee on Armed Services an existing contractor, to extend, through follows: of the Senate and the Committee on Trans- September 30, 2025, an operating agreement ‘‘(1) IN GENERAL.—An Emergency Prepared- portation and Infrastructure, the Committee that is in existence on the date of enactment ness Agreement under this section shall re- on Resources, and the Committee on Armed of that Act. The terms and conditions of the quire that a contractor for a vessel covered Services of the House of Representatives extended operating agreement shall include by an operating agreement under this chap- on— terms and conditions authorized under this ter shall make commercial transportation ‘‘(1) the progress made to recycle vessels; chapter, as amended from time to time. resources (including services) available, upon ‘‘(2) any problems encountered in recycling ‘‘(2) TIME LIMIT.—An existing contractor request by the Secretary of Defense during a vessels; and shall have not later than 120 days after the time of war or national emergency, or when- ‘‘(3) any other issues relating to vessel re- date the Secretary offers to extend an oper- ever the Secretary of Defense determines cycling and disposal.’’. ating agreement to agree to the extended op- that it is necessary for national security or SEC. 3308. EXTENSION OF MARITIME SECURITY erating agreement. contingency operation (as that term is de- FLEET PROGRAM. ‘‘(3) SUBSEQUENT AWARD.—The Secretary fined in section 101 of title 10, United States (a) Section 53101 is amended— may award an operating agreement to an ap- Code).’’. (1) by amending paragraph (4) to read as plicant that is eligible to enter into an oper- (h) Section 53109 is repealed. follows: ating agreement for fiscal years 2016 through (i) Section 53111 is amended— ‘‘(4) FOREIGN COMMERCE.—The term foreign 2025 if the existing contractor does not agree (1) by striking ‘‘and’’ at the end of para- commerce means— to the extended operating agreement under graph (2); and ‘‘(A) commerce or trade between the paragraph (2).’’; and (2) by amending paragraph (3) to read as United States, its territories or possessions, (2) by amending subsection (c) to read as follows: or the District of Columbia, and a foreign follows: ‘‘(3) $186,000,000 for each of fiscal years 2012, country; and ‘‘(c) PROCEDURE FOR AWARDING NEW OPER- 2013, 2014, 2015, 2016, 2017, and 2018; ‘‘(B) commerce or trade between foreign ATING AGREEMENTS.—The Secretary may ‘‘(4) $210,000,000 for each of fiscal years 2019, countries.’’; enter into a new operating agreement with 2020, and 2021; and

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‘‘(5) $222,000,000 for each fiscal year there- SEC. 3310. MARITIME ADMINISTRATION VESSEL (1) OPERATIONS AND TRAINING.—For ex- after through fiscal year 2025.’’. RECYCLING CONTRACT AWARD penses necessary for operations and training (j) Chapter 531 is amended by adding at the PRACTICES. activities, not to exceed $161,539,000 for the end the following: (a) IN GENERAL.—Not later than 12 months fiscal year ending September 30, 2012, of after the date of enactment of this Act, the ‘‘SEC. § 53112. Acquisition of fleet vessels which— Inspector General of the Department of ‘‘(a) IN GENERAL.—Notwithstanding section (A) $28,885,000 is for capital improvements Transportation shall conduct an assessment 2218(f) of title 10, United States Code, upon at the U.S. Merchant Marine Academy, to re- of the source selection procedures and prac- replacement of any vessel subject to an oper- main available until expended; and tices used to award the Maritime Adminis- ating agreement under this chapter, and sub- (B) $11,100,000 is for maintenance and re- tration’s National Defense Reserve Fleet ves- ject to agreement by the vessel owner, the pair for training ships at State Maritime sel recycling contracts. The Inspector Gen- Secretary is authorized, subject to concur- Schools, to remain available until expended. eral shall assess the process, procedures, and rence with the Secretary of Defense, to ac- (2) MARITIME GUARANTEED LOANS.—For ad- practices used for the Maritime Administra- quire the vessel being replaced for inclusion ministrative expenses related to loan guar- tion’s qualification of vessel recycling facili- in the National Defense Reserve Fleet. antee commitments under chapter 537 of ties. The Inspector General shall report the ‘‘(b) REQUIREMENTS.—In order to be eligible title 46, United States Code, not to exceed for acquisition by the Secretary under this findings to the Committee on Commerce, $3,750,000, which shall be paid to the appro- section, a vessel shall— Science, and Transportation and the Com- priation for Operations and Training, Mari- ‘‘(1) have been included in a Maritime Se- mittee on Armed Services of the Senate, and time Administration. the Committee on Transportation and Infra- curity Program Operating Agreement for not (3) SHIP DISPOSAL.—For disposal of non-re- less than 3 years; and structure and the Committee on Armed tention vessels in the National Defense Re- ‘‘(2) meet recapitalization requirements for Services of the House of Representatives. serve Fleet, $18,500,000, to remain available (b) ASSESSMENT.—The assessment under the Ready Reserve Force. until expended. subsection (a) shall include a review of ‘‘(c) FAIR MARKET VALUE.—The Maritime whether the Maritime Administration’s con- Administration shall establish a fair market SA 1125. Mrs. FEINSTEIN (for her- tract source selection procedures and prac- value for the acquisition of an eligible vessel self, Mr. LEAHY, Mr. DURBIN, and Mr. tices are consistent with law, the Federal under this section. UDALL of Colorado) submitted an Acquisition Regulations (FAR), and Federal ‘‘(d) APPROPRIATIONS.—A vessel acquisition best practices associated with making source amendment intended to be proposed by under this section shall be subject to the selection decisions. her to the bill S. 1867, to authorize ap- availability of appropriations and the appro- (c) CONSIDERATIONS.—In making the assess- propriations for fiscal year 2012 for priations shall be part of the National De- ment under subsection (a), the Inspector military activities of the Department fense Reserve Fleet appropriations and sepa- General may consider any other aspect of rate from Maritime Security Program appro- of Defense, for military construction, the Maritime Administration’s vessel recy- priations.’’. and for defense activities of the De- cling process that the Inspector General (k) The table of contents for chapter 531 is partment of Energy, to prescribe mili- deems appropriate to review. amended— tary personnel strengths for such fiscal (1) by striking the item relating to section SEC. 3311. PROHIBITION ON MARITIME ADMINIS- TRATION RECEIPT OF POLAR ICE- year, and for other purposes; as fol- 53109; and BREAKERS. lows: (2) by inserting at the end the following: Until the date that is 2 years after the date On page 361, line 9, insert ‘‘abroad’’ after ‘‘53112. Acquisition of fleet vessels.’’. on which the Committee on Commerce, ‘‘is captured’’. (l) EFFECTIVE DATE OF AMENDMENTS.—The Science, and Transportation of the Senate amendments made by— and the Committee on Transportation and SA 1126. Mrs. FEINSTEIN (for her- (1) paragraphs (2), (3), and (4) of section Infrastructure of the House of Representa- self, Mr. LEAHY, Mr. DURBIN, and Mr. 3308(a) of this Act take effect on December tives receive the polar icebreaker business UDALL of Colorado) submitted an 31, 2014; and case analysis under subsection 307(f) of the amendment intended to be proposed by (2) section 3308(f)(2) of this Act take effect Coast Guard Authorization Act of 2010 (14 her to the bill S. 1867, to authorize ap- on December 31, 2014. U.S.C. 92 note), or until the Coast Guard has propriations for fiscal year 2012 for SEC. 3309. MARITIME WORKFORCE STUDY. replaced the Coast Guard Cutter POLAR military activities of the Department (a) TRAINING STUDY.—The Comptroller SEA (WAGB 11) and the Coast Guard Cutter General of the United States shall conduct a POLAR STAR (WAGB 10) with 2 in commis- of Defense, for military construction, study on the training needs of the maritime sion, active heavy polar icebreakers— and for defense activities of the De- workforce. (1) the Administrator of the Maritime Ad- partment of Energy, to prescribe mili- (b) STUDY COMPONENTS.—The study shall— ministration may not receive, maintain, dis- tary personnel strengths for such fiscal (1) analyze the impact of training require- mantle, or recycle either cutter; and year, and for other purposes; as fol- ments imposed by domestic and inter- (2) the Commandant may not— lows: national regulations and conventions, com- (A) transfer or relinquish ownership of ei- On page 360, between lines 21 and 22, insert panies, and government agencies that char- ther of the cutters; the following: ter or operate vessels; (B) dismantle a major component of, or re- (e) APPLICABILITY TO CITIZENS.—The au- (2) evaluate the ability of the Nation’s cycle parts from, the POLAR SEA, unless thority described in this section for the maritime training infrastructure to meet the the POLAR STAR cannot be made to func- Armed Forces of the United States to detain current needs of the maritime industry; tion properly without doing so; a person does not include the authority to (3) evaluate the ability of the Nation’s (C) change the homeport of either of the detain a citizen of the United States without maritime training infrastructure to effec- cutters; trial until the end of the hostilities. tively meet the needs of the maritime indus- (D) expend any funds— try in the future; (i) for any expenses directly or indirectly SA 1127. Mr. LEVIN submitted an (4) identify trends in maritime training; associated with the decommissioning of ei- amendment intended to be proposed by (5) compare the training needs of U.S. ther of the cutters, including expenses for him to the bill H.R. 2056, to instruct mariners with the vocational training and dock use or other goods and services; the Inspector General of the Federal educational assistance programs available (ii) for any personnel expenses directly or Deposit Insurance Corporation to study from Federal agencies to evaluate the ability indirectly associated with the decommis- of Federal programs to meet the training sioning of either of the cutters, including ex- the impact of insured depository insti- needs of U.S. mariners; penses for a decommissioning officer; or tution failures, and for other purposes; (6) include recommendations for future (iii) for any expenses associated with a de- which was referred to the Committee programs to enhance the capabilities of the commissioning ceremony for either of the on Banking, Housing, and Urban Af- Nation’s maritime training infrastructure; cutters; fairs; as follows: and (E) appoint a decommissioning officer to On page 2, line 10, insert ‘‘and’’ after the (7) include recommendations for future be affiliated with either of the cutters; or semicolon. programs to assist U.S. mariners and those (F) place either of the cutters in inactive On page 2, line 14, strike the semicolon and entering the maritime profession achieve the status, including a status of— all that follows through line 19 and insert a required training. (i) out of commission, in reserve; period. (c) FINAL REPORT.—Not later than 1 year (ii) out of service, in reserve; or On page 4, strike line 14 and all that fol- after the date of enactment of this Act, the (iii) pending placement out of commission. lows through page 5, line 5, and insert the Comptroller General shall submit a report on SEC. 3312. AUTHORIZATION OF APPROPRIATIONS following: the results of the study to the Committee on FOR FISCAL YEAR 2012. (2) LOSSES.—The significance of losses, in- Commerce, Science, and Transportation of There are authorized to be appropriated to cluding— the Senate and the Committee on Transpor- the Secretary of Transportation for pro- (A) the number of insured depository insti- tation and Infrastructure of the House of grams of the Maritime Administration the tutions that have been placed into receiver- Representatives. following amounts: ship or conservatorship due to significant

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7746 CONGRESSIONAL RECORD — SENATE November 17, 2011 losses arising from loans for which all pay- ‘‘§ 1414. Members eligible for retired pay who A of the Omnibus Consolidated Appropria- ments of principal, interest, and fees were are also eligible for veterans’ disability tions Act, 1997 (Public Law 104–208; 110 Stat. current, according to the contractual terms compensation: concurrent payment of re- 3009–118)), is further amended by striking of the loans; tired pay and disability compensation’’. ‘‘Mike O’Callaghan Federal Hospital’’ each (B) the impact of significant losses arising (2) The item relating to such section in the place it appears and inserting ‘‘Mike from loans for which all payments of prin- table of sections at the beginning of chapter O’Callaghan Federal Medical Center’’. cipal, interest, and fees were current, accord- 71 of such title is amended to read as follows: (b) CONFORMING AMENDMENT.—The heading of such section 2867 is amended to read as ing to the contractual terms of the loans, on ‘‘1414. Members eligible for retired pay who follows: the ability of insured depository institutions are also eligible for veterans’ to raise additional capital; disability compensation: con- ‘‘SEC. 2867. MIKE O’CALLAGHAN FEDERAL MED- ICAL CENTER.’’. (C) the effect of changes in the application current payment of retired pay of fair value accounting rules and other ac- and disability compensation.’’. counting standards, including the allowance (c) EFFECTIVE DATE.—The amendments SA 1130. Mr. REID (for himself and for loan and lease loss methodology, on in- made by this section shall take effect on Mr. INHOFE) submitted an amendment sured depository institutions, specifically January 1, 2012, and shall apply to payments intended to be proposed by him to the the degree to which fair value accounting for months beginning on or after that date. rules and other accounting standards have bill S. 1867, to authorize appropriations SEC. ll. COORDINATION OF SERVICE ELIGI- led to regulatory action against banks, in- for fiscal year 2012 for military activi- BILITY FOR COMBAT-RELATED SPE- ties of the Department of Defense, for cluding consent orders and closure of the in- CIAL COMPENSATION AND CONCUR- stitution; and RENT RECEIPT. military construction, and for defense (D) whether field examiners are using ap- (a) AMENDMENTS TO STANDARDIZE SIMILAR activities of the Department of Energy, propriate appraisal procedures with respect PROVISIONS.— to prescribe military personnel to losses arising from loans for which all (1) QUALIFIED RETIREES.—Subsection (a) of strengths for such fiscal year, and for payments of principal, interest, and fees section 1414 of title 10, United States Code, other purposes; which was ordered to were current, according to the contractual as amended by section ll(a), is further lie on the table; as follow: terms of the loans, and whether the applica- amended— tion of appraisals leads to immediate write (A) by striking ‘‘a member or’’ and all that At the end of subtitle H of title X, add the downs on the value of the underlying asset. follows through ‘‘retiree’)’’ and inserting ‘‘a following: qualified retiree’’; and SEC. 1088. FIRE SUPPRESSION AGENTS. On page 9, strike lines 15 through 19, and (B) by adding at the end the following new Section 605(a) of the Clean Air Act (42 insert the following: paragraph: U.S.C. 7671d(a)) is amended— SEC. 2. CONGRESSIONAL TESTIMONY. ‘‘(2) QUALIFIED RETIREES.—For purposes of (1) in paragraph (2), by striking ‘‘or’’ at the this section, a qualified retiree, with respect end; The Inspector General of the Federal De- to any month, is a member or former mem- (2) in paragraph (3), by striking the period posit Insurance Corporation and the Comp- ber of the uniformed services who— at the end and inserting ‘‘; or’’; and troller General of the United States shall ap- ‘‘(A) is entitled to retired pay (other by (3) by adding at the end the following: pear before the Committee on Banking, reason of section 12731b of this title); and ‘‘(4) is listed as acceptable for use as a fire Housing, and Urban Affairs of the Senate and ‘‘(B) is also entitled for that month to vet- suppression agent for nonresidential applica- the Committee on Financial Services of the erans’ disability compensation.’’. tions in accordance with section 612(c).’’. House of Representatives, not later than 150 (2) DISABILITY RETIREES.—Paragraph (2) of days after the date of publication of the subsection (b) of section 1414 of such title is SA 1131. Mr. REID submitted an study required under this Act to discuss the amended to read as follows: amendment to be proposed by him to outcomes and impact of Federal regulations ‘‘(2) SPECIAL RULE FOR RETIREES WITH the bill S. 1867, to authorize appropria- on bank examinations and failures. FEWER THAN 20 YEARS OF SERVICE.—The re- tions for fiscal year 2012 for military tired pay of a qualified retiree who is retired activities of the Department of De- SA 1128. Mr. REID submitted an under chapter 61 of this title with fewer than fense, for military construction, and 20 years of creditable service is subject to re- amendment intended to be proposed by for defense activities of the Depart- duction by the lesser of— ment of Energy, to prescribe military him to the bill S. 1867, to authorize ap- ‘‘(A) the amount of the reduction under propriations for fiscal year 2012 for sections 5304 and 5305 of title 38; or personnel strengths for such fiscal military activities of the Department ‘‘(B) the amount (if any) by which the year, and for other purposes; which was of Defense, for military construction, amount of the member’s retired pay under ordered to lie on the table; as follow: and for defense activities of the De- such chapter exceeds the amount equal to 21⁄2 At the appropriate place in title VI, insert partment of Energy, to prescribe mili- percent of the member’s years of creditable the following: tary personnel strengths for such fiscal service multiplied by the member’s retired SEC. ll. CLARIFICATION OF COMPUTATION OF pay base under section 1406(b)(1) or 1407 of year, and for other purposes; which was COMBAT-RELATED SPECIAL COM- this title, whichever is applicable to the PENSATION FOR CHAPTER 61 DIS- ordered to lie on the table; as follows: member.’’. ABILITY RETIREES. (a) IN GENERAL.—Section 1413a(b)(3) of title At the appropriate place in title VI, insert (b) EFFECTIVE DATE.—The amendments 10, United States Code, is amended by strik- the following: made by this section shall take effect on January 1, 2012, and shall apply to payments ing ‘‘shall be reduced by the amount (if any) SEC. ll. ELIGIBILITY FOR PAYMENT OF BOTH for months beginning on or after that date. by which the amount of the member’s retired RETIRED PAY AND VETERANS’ DIS- pay under chapter 61 of this title exceeds’’ ABILITY COMPENSATION FOR CER- SA 1129. Mr. REID submitted an both places it appears and inserting ‘‘may TAIN MILITARY RETIREES WITH amendment intended to be proposed by not, when combined with the amount of re- COMPENSABLE SERVICE-CON- tired pay payable to the retiree after any NECTED DISABILITIES. him to the bill S. 1867, to authorize ap- propriations for fiscal year 2012 for such reduction under sections 5304 and 5305 of (a) EXTENSION OF CONCURRENT RECEIPT AU- title 38, cause the total of such combined military activities of the Department THORITY TO RETIREES WITH SERVICE-CON- payment to exceed’’. NECTED DISABILITIES RATED LESS THAN 50 of Defense, for military construction, (b) EFFECTIVE DATE.—The amendments PERCENT.— and for defense activities of the De- made by this section shall take effect on (1) REPEAL OF 50 PERCENT REQUIREMENT.— partment of Energy, to prescribe mili- January 1, 2012, and shall apply to payments Section 1414 of title 10, United States Code, tary personnel strengths for such fiscal for months beginning on or after that date. is amended by striking paragraph (2) of sub- year, and for other purposes; which was section (a). ordered to lie on the table; as follow: SA 1132. Mr. MCCAIN (for himself and (2) COMPUTATION.—Paragraph (1) of sub- Ms. AYOTTE) submitted an amendment At the end of subtitle D of title XXVIII, section (c) of such section is amended by intended to be proposed by him to the adding at the end the following new subpara- add the following: SEC. 2833. REDESIGNATION OF MIKE bill S. 1867, to authorize appropriations graph: for fiscal year 2012 for military activi- ‘‘(G) For a month for which the retiree re- O’CALLAGHAN FEDERAL HOSPITAL IN NEVADA AS MIKE O’CALLAGHAN ties of the Department of Defense, for ceives veterans’ disability compensation for FEDERAL MEDICAL CENTER. a disability rated as 40 percent or less or has military construction, and for defense (a) REDESIGNATION.—Section 2867 of the activities of the Department of Energy, a service-connected disability rated as zero Military Construction Authorization Act for percent, $0.’’. Fiscal Year 1997 (division B of Public Law to prescribe military personnel (b) CLERICAL AMENDMENTS.— 104–201; 110 Stat. 2806), as amended by section strengths for such fiscal year, and for (1) The heading of section 1414 of such title 8135(a) of the Department of Defense Appro- other purposes; which was ordered to is amended to read as follows: priations Act, 1997 (section 101(b) of division lie on the table; as follow:

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7747 At the end of subtitle A of title X, add the SEC. 1024. REPORT ON POLICIES AND PRACTICES 2484 of this title shall not apply to the pric- following: OF THE NAVY FOR NAMING THE VES- ing of merchandise in the categories speci- SEC. 1005. PLAN TO ENSURE AUDIT READINESS SELS OF THE NAVY. fied in subparagraphs (A) and (B) of para- OF STATEMENTS OF BUDGETARY RE- (a) REPORT REQUIRED.—Not later than 180 graph (1) of subsection (b) or in any other SOURCES. days after the date of the enactment of this merchandise category authorized under sub- (a) PLANNING REQUIREMENT.—The report to Act, the Secretary of Defense shall submit to paragraph (C) of such paragraph for sale in, be issued pursuant to section 1003(b) of the Congress a report on the policies and prac- at, or by an enhanced commissary store. In- National Defense Authorization Act for 2010 tices of the Navy for naming vessels of the stead, the Secretary of Defense shall deter- (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. Navy. mine appropriate prices for such merchan- (b) ELEMENTS.—The report required by sub- 2222 note) and provided by not later than dise sold in, at, or by an enhanced com- section (a) shall set forth the following: May 15, 2012, shall include a plan, including missary store. (1) A description of the current policies and interim objectives and a schedule of mile- ‘‘(d) RETENTION AND USE OF PORTION OF practices of the Navy for naming vessels of stones for each military department and for PROCEEDS.—(1) The Secretary of Defense the Navy. the defense agencies, to ensure that the may retain amounts equal to the difference (2) A description of the extent to which the statement of budgetary resources of the De- between— policies and practices described under para- partment of Defense meets the goal estab- ‘‘(A) the retail price of merchandise in the graph (1) vary from historical policies and lished by the Secretary of Defense of being categories specified in subparagraphs (A) and validated for audit by not later than Sep- practices of the Navy for naming vessels of (B) of paragraph (1) of subsection (b) and in tember 30, 2014. Consistent with the require- the Navy, and an explanation for such other merchandise categories authorized ments of such section, the plan shall ensure variances (if any). under subparagraph (C) of such paragraph for that the actions to be taken are systemically (3) An assessment of the feasibility and ad- sale in, at, or by an enhanced commissary tied to process and control improvements visability of establishing fixed policies for store; and and business systems modernization efforts the naming of one or more classes of vessels ‘‘(B) the invoice cost of such merchandise. necessary for the Department to prepare of the Navy, and a statement of the policies ‘‘(2) The Secretary of Defense shall use timely, reliable, and complete financial man- recommended to apply to each class of ves- amounts retained under paragraph (1) for an agement information on a repeatable basis. sels recommended to be covered by such enhanced commissary store to help offset the (b) SEMIANNUAL UPDATES.—The reports to fixed policies if the establishment of such be issued pursuant to such section after the operating costs of that enhanced commissary fixed policies is considered feasible and ad- store.’’. report described in subsection (a) shall up- visable. date the plan required by such subsection (b) CLERICAL AMENDMENT.—The table of (4) Any other matters relating to the poli- sections at the beginning of such chapter is and explain how the Department has pro- cies and practices of the Navy for naming gressed toward meeting the milestones es- amended by inserting after the item relating vessels of the Navy that the Secretary of De- to section 2488 the following new item: tablished in the plan. fense considers appropriate. ‘‘2488a. Enhanced commissary stores.’’. SA 1133. Mr. BLUNT (for himself and SA 1135. Ms. SNOWE submitted an Mr. PAUL submitted an Mrs. GILLIBRAND) submitted an amend- amendment intended to be proposed by SA 1136. ment intended to be proposed by him him to the bill S. 1867, to authorize ap- amendment intended to be proposed by to the bill S. 1867, to authorize appro- propriations for fiscal year 2012 for him to the bill S. 1867, to authorize ap- priations for fiscal year 2012 for mili- military activities of the Department propriations for fiscal year 2012 for tary activities of the Department of of Defense, for military construction, military activities of the Department Defense, for military construction, and and for defense activities of the De- of Defense, for military construction, for defense activities of the Depart- partment of Energy, to prescribe mili- and for defense activities of the De- ment of Energy, to prescribe military tary personnel strengths for such fiscal partment of Energy, to prescribe mili- personnel strengths for such fiscal year, and for other purposes; which was tary personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follow: year, and for other purposes; which was ordered to lie on the table; as follow: At the end of title XXVII, add the fol- ordered to lie on the table; as follow: At the end of subtitle H of title X, add the lowing: At the end of subtitle H of title X, add the following: SEC. 2705. ENHANCED COMMISSARY STORES following: SEC. lll. REEMPLOYMENT RIGHTS FOLLOWING PILOT PROGRAM. SEC. 1088. PROHIBITION ON ESTABLISHMENT OF CERTAIN NATIONAL GUARD DUTY. (a) AUTHORITY TO OPERATE ENHANCED COM- HEADQUARTERS OF THE UNITED (a) IN GENERAL.—Section 4312(c)(4) of title MISSARY STORES.—Subchapter II of chapter STATES AFRICA COMMAND 38, United States Code, is amended— 147 of title 10, United States Code, is amend- (AFRICOM) OUTSIDE THE CONTI- NENTAL UNITED STATES. (1) in subparagraph (D), by striking ‘‘or’’ at ed by inserting after section 2488 the fol- None of the amounts authorized to be ap- the end; lowing new section: propriated by this Act or authorized or ap- (2) in subparagraph (E), by striking the pe- ‘‘§ 2488a. Enhanced commissary stores riod at the end and inserting ‘‘; or’’; and propriated by any other Act may be used to ‘‘(a) AUTHORITY TO OPERATE.—The Defense establish the headquarters of the United (3) by adding at the end the following new Commissary Agency may operate an en- subparagraph: States Africa Command (AFRICOM) outside hanced commissary store at such military of the continental United States. ‘‘(F) ordered to full-time National Guard installations designated for closure or ad- duty under the provisions of section 502(f) of verse realignment under a base closure law title 32 when the period of duty is expressly SA 1137. Mr. HELLER (for himself as the Defense Commissary Agency considers and Mr. KIRK) submitted an amend- designated in writing by the Secretary of De- to be appropriate. fense as covered by this subparagraph.’’. ‘‘(b) ADDITIONAL CATEGORIES OF MERCHAN- ment intended to be proposed by him (b) EFFECTIVE DATE.—Subparagraph (F) of DISE.—(1) In addition to selling items in the to the bill S. 1867, to authorize appro- such section 4312(c)(4), as added by sub- merchandise categories specified in sub- priations for fiscal year 2012 for mili- section (a)(3), shall apply with respect to an section (b) of section 2484 of this title in the tary activities of the Department of individual ordered to full-time National manner provided by such section, an en- Defense, for military construction, and Guard duty under section 502(f) of title 32 of hanced commissary store also may sell items such Code, on or after September 11, 2001, for defense activities of the Depart- in the following categories as commissary ment of Energy, to prescribe military and shall entitle such individual to rights merchandise: and benefits under chapter 43 of title 38 of ‘‘(A) Alcoholic beverages. personnel strengths for such fiscal such Code on or after that date. ‘‘(B) Tobacco products. year, and for other purposes; which was ordered to lie on the table; as follows: SA 1134. Mr. BLUNT submitted an ‘‘(C) Items in such other merchandise cat- egories (not covered by subsection (b) of sec- At the end of subtitle H of title X, add the amendment intended to be proposed by tion 2484 of this title) as the Secretary of De- following: him to the bill S. 1867, to authorize ap- fense may authorize. SEC. 1088. RECOGNITION OF JERUSALEM AS THE propriations for fiscal year 2012 for ‘‘(2) Subsections (c) and (g) of section 2484 CAPITAL OF ISRAEL AND RELOCA- military activities of the Department of this title shall not apply with regard to TION OF THE UNITED STATES EM- of Defense, for military construction, the selection, or method of sale, of merchan- BASSY TO JERUSALEM. and for defense activities of the De- dise in the categories specified in subpara- (a) STATEMENT OF POLICY.—It is the policy partment of Energy, to prescribe mili- graphs (A) and (B) of paragraph (1) or in any of the United States to recognize Jerusalem as the undivided capital of the state of tary personnel strengths for such fiscal other merchandise category authorized under subparagraph (C) of such paragraph for Israel, both de jure and de facto. year, and for other purposes; which was sale in, at, or by an enhanced commissary (b) SENSE OF CONGRESS.—It is the sense of ordered to lie on the table; as follow: store. Congress that— At the end of subtitle C of title X, add the ‘‘(c) SALES PRICE ESTABLISHMENT AND SUR- (1) Jerusalem must remain an undivided following: CHARGE.—Subsections (d) and (e) of section city in which the rights of every ethnic and

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religious group are protected as they have (c) REPORT.—Not later than 180 days after (3) The types of military spouse employ- been by Israel since 1967; the effective date of this section, the Sec- ment programs that have been considered or (2) every citizen of Israel should have the retary shall submit to Congress a report de- used in the past by the Department. right to reside anywhere in the undivided scribing the status of the actions under this (4) The ways in which military spouse em- city of Jerusalem; section. The report shall include an estimate ployment programs have changed in recent (3) the President and the Secretary of of the date of the completion of the actions years. State should publicly affirm as a matter of undertaken, and to be undertaken, under (5) The benefits or programs that are spe- United States policy that Jerusalem must this section. cifically available to provide employment as- remain the undivided capital of the State of (d) EFFECTIVE DATE.—This section takes sistance to spouses of members of the Armed Israel; effect on the date on which Operation Uni- Forces serving in Operation Iraqi Freedom, (4) the President should immediately im- fied Protector of the North Atlantic Treaty Operation Enduring Freedom, or Operation plement the provisions of the Jerusalem Em- Organization (NATO), or any successor oper- New Dawn, or any other contingency oper- bassy Act of 1995 (Public Law 104–45) and ation, terminates. ation being conducted by the Armed Forces begin the process of relocating the United (e) AVAILABLE FUNDS.—The Secretary shall as of the date of such review. States Embassy in Israel to Jerusalem; and carry out this section using amounts author- (6) Existing mechanisms available to mili- (5) United States officials should refrain ized to be appropriated for the Department tary spouses to express their views on the ef- from any actions that contradict United of Defense by Acts enacted before the date of fectiveness and future direction of Depart- States law on this subject. the enactment of this Act. ment programs and policies on employment (c) AMENDMENT OF WAIVER AUTHORITY.— assistance for military spouses. The Jerusalem Embassy Act of 1995 (Public SA 1139. Mr. CASEY (for himself and (7) The oversight provided by the Office of Law 104–45) is amended— Mrs. MCCASKILL) submitted an amend- Personnel and Management regarding pref- (1) by striking section 7; and ment intended to be proposed by him erences for military spouses in Federal em- (2) by redesignating section 8 as section 7. to the bill S. 1867, to authorize appro- ployment. (d) IDENTIFICATION OF JERUSALEM ON GOV- priations for fiscal year 2012 for mili- (c) COMPTROLLER GENERAL REPORT.—Not ERNMENT DOCUMENTS.—Notwithstanding any tary activities of the Department of later than 180 days after the date of the en- other provision of law, any official document actment of this Act, the Comptroller General of the United States Government which lists Defense, for military construction, and for defense activities of the Depart- shall submit to the congressional defense countries and their capital cities shall iden- committees a report on the review carried tify Jerusalem as the capital of Israel. ment of Energy, to prescribe military out under subsection (a). The report shall set personnel strengths for such fiscal forth the following: SA 1138. Mr. HELLER (for himself, year, and for other purposes; as fol- (1) The results of the review concerned. Mr. BROWN of Massachusetts, Mr. lows: (2) Such clear and concrete metrics as the BOOZMAN, Mr. BLUMENTHAL, and Mr. At the end of subtitle E of title VIII, add Comptroller General considers appropriate KERRY) submitted an amendment in- the following: for the current and future evaluation and as- tended to be proposed by him to the SEC. 889. SUBCONTRACTOR NOTIFICATIONS. sessment of the efficacy and effectiveness of bill S. 1867, to authorize appropriations Section 8(d) of the Small Business Act (15 Department of Defense military spouse em- for fiscal year 2012 for military activi- U.S.C. 637(d)) is amended by adding at the ployment programs. ties of the Department of Defense, for end the following: (3) A description of the assumptions uti- lized in the review, and an assessment of the military construction, and for defense ‘‘(13) NOTIFICATION REQUIREMENT.—An of- feror with respect to a contract let by a Fed- validity and completeness of such assump- activities of the Department of Energy, eral agency that is to be awarded pursuant tions. to prescribe military personnel to the negotiated method of procurement (4) Such recommendations as the Comp- strengths for such fiscal year, and for that intends to identify a small business con- troller General considers appropriate for im- other purposes; which was ordered to cern as a potential subcontractor in the offer proving Department of Defense military lie on the table; as follows: relating to the contract shall notify the spouse employment programs. At the end of subtitle H of title X, add the small business concern that the offeror in- (d) DEPARTMENT OF DEFENSE REPORT.—Not following: tends to identify the small business concern later than 180 days after the date of the en- actment of this Act, the Secretary of De- SEC. 1088. EXHUMATION AND TRANSFER OF RE- as a potential subcontractor in the offer. MAINS OF DECEASED MEMBERS OF ‘‘(14) REPORTING BY SUBCONTRACTORS.—The fense shall submit to the congressional de- THE ARMED FORCES BURIED IN Administrator shall establish a reporting fense committees a report setting forth the TRIPOLI, LIBYA. mechanism that allows a subcontractor to number (or a reasonable estimate if a precise (a) IN GENERAL.—The Secretary of Defense report fraudulent activity by a contractor number is not available) of military spouses shall take whatever actions may be nec- with respect to a subcontracting plan sub- who have obtained employment following essary to— mitted to a procurement authority under participation in Department of Defense mili- (1) exhume the remains of any deceased paragraph (4)(B).’’. tary spouse employment programs. The re- members of the Armed Forces of the United port shall set forth such number (or esti- States buried at a burial site described in SA 1140. Mr. CASEY submitted an mate) for the Department of Defense mili- subsection (b); amendment intended to be proposed by tary spouse employment programs as a (2) transfer such remains to an appropriate him to the bill S. 1867, to authorize ap- whole and for each such military spouse em- forensics laboratory to be identified; propriations for fiscal year 2012 for ployment program. (3) in the case of any remains that are military activities of the Department identified, transport the remains to a vet- of Defense, for military construction, SA 1141. Mrs. BOXER (for herself and erans cemetery located in proximity, as de- Mr. BURR) submitted an amendment in- termined by the Secretary, to the closest liv- and for defense activities of the De- partment of Energy, to prescribe mili- tended to be proposed by her to the bill ing family member of the deceased indi- S. 1867, to authorize appropriations for vidual or at another cemetery as determined tary personnel strengths for such fiscal by the Secretary; year, and for other purposes; as fol- fiscal year 2012 for military activities (4) for any member of the Armed Forces lows: of the Department of Defense, for mili- whose remains are identified, provide a mili- At the end of subtitle H of title V, add the tary construction, and for defense ac- tary funeral and burial; and following: tivities of the Department of Energy, (5) in the case of any remains that cannot SEC. 577. COMPTROLLER GENERAL OF THE to prescribe military personnel be identified, transport the remains to Ar- UNITED STATES REPORT ON DE- strengths for such fiscal year, and for lington National Cemetery for interment at PARTMENT OF DEFENSE MILITARY other purposes; which was ordered to a an appropriate grave marker identifying SPOUSE EMPLOYMENT PROGRAMS. lie on the table; as follows: the United States Navy Sailors of the USS (a) IN GENERAL.—The Comptroller General Intrepid who gave their lives on September 4, of the United States shall carry out a review At the end of subtitle B of title VII, add 1804, in Tripoli, Libya. of all current Department of Defense mili- the following: (b) BURIAL SITES DESCRIBED.—The burial tary spouse employment programs. SEC. 714. FLEXIBLE SPENDING ARRANGEMENTS sites described in this subsection are the fol- (b) ELEMENTS.—The review required by FOR HEALTH CARE AND DEPEND- lowing: subsection (a) shall, address, at a minimum, ENT CARE FOR MEMBERS OF THE (1) The mass burial site containing the re- the following: UNIFORMED SERVICES. mains of five United States sailors located in (1) The efficacy and effectiveness of De- (a) SENSE OF CONGRESS.—It is the sense of Protestant Cemetery in Tripoli, Libya. partment of Defense military spouse employ- Congress that the Secretaries concerned (2) The mass burial site containing the re- ment programs. should implement flexible spending arrange- mains of eight United States sailors located (2) All current Department programs to ments for members of the uniformed services near the walls of the Tripoli Castle in Trip- support military spouses or dependents for with respect to basic pay and compensation oli, Libya. the purposes of employment assistance. for health care and dependent care on a pre-

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7749 tax basis in accordance with regulations pre- SEC. 1080. COMPTROLLER GENERAL REVIEW OF funding tables for sections 4101, 4102, 4201, scribed under sections 106(c) and 125 of the MEDICAL RESEARCH AND DEVELOP- 4202, 4301, 4302, 4401, 4402, 4501, and 4601 for Internal Revenue Code of 1986. MENT RELATING TO IMPROVED purposes of sections 101, 201, 301, 1401, 1402, COMBAT CASUALTY CARE. EPORT 1403, 1404, 1405, 1406, 1431, 1506, 1507, 1508, 1509, (b) R .—Not later than 90 days after (a) STUDY REQUIRED.—The Comptroller 2003, 3101, 3102, and 3103, are as follows: the date of the enactment of this Act, the General of the United States shall conduct a Secretary of Defense shall, in consultation review of Department of Defense programs with the other Secretaries concerned, submit and organizations related to, and resourcing SA 1145. Mr. TESTER (for himself, to Congress a report setting forth a plan to of, medical research and development in sup- Mrs. HUTCHISON, and Mr. CONRAD) sub- implement flexible spending arrangements port of improved combat casualty care de- mitted an amendment intended to be for members of the uniformed services as de- signed to save lives on the battlefield. proposed by him to the bill S. 1867, to scribed in subsection (a). The plan shall in- (b) REPORT.—Not later than January 1, authorize appropriations for fiscal year clude the following: 2013, the Comptroller General shall submit to 2012 for military activities of the De- (1) An identification of any obstacles to the congressional defense committees a re- the implementation of the plan, including a port on the review conducted under sub- partment of Defense, for military con- statement of any additional authorities re- section (a), including the following elements: struction, and for defense activities of quired for implementation of the plan. (1) A description of current medical com- the Department of Energy, to prescribe (2) A schedule for completion of the imple- bat casualty care research and development military personnel strengths for such mentation of the plan. programs throughout the Department of De- fiscal year, and for other purposes; (3) An estimate of the costs to be associ- fense, including basic and applied medical re- which was ordered to lie on the table; ated with the implementation of the plan. search, technology development, and clinical as follows: (c) SECRETARIES CONCERNED DEFINED.—In research. this section, the term ‘‘Secretaries con- (2) An identification of organizational ele- At the end of subtitle H of title X, add the cerned’’ means the following: ments within the Department that have re- following: (1) The Secretary of Defense, with respect sponsibility for planning and oversight of SEC. 1088. COMMISSION ON REVIEW OF OVER- to members of the Army, the Navy, the Ma- combat casualty care research and develop- SEAS MILITARY FACILITY STRUC- rine Corps, and the Air Force. ment. TURE OF THE UNITED STATES. (2) The Secretary of Homeland Security, (3) A description of the means by which the (a) IN GENERAL.— with respect to members of the Coast Guard. Department applies combat casualty care re- (1) ESTABLISHMENT.—There is established (3) The Secretary of Health and Human search findings, including development of the Commission on the Review of the Over- Services, with respect to commissioned offi- new medical devices, to improve battlefield seas Military Facility Structure of the cers of the Public Health Service. care. United States (in this section referred to as (4) The Secretary of Commerce, with re- (4) An assessment of the adequacy of the the ‘‘Commission’’). spect to commissioned officers of the Na- coordination by the Department of planning (2) COMPOSITION.— tional Oceanic and Atmospheric Administra- for combat casualty care medical research (A) IN GENERAL.—The Commission shall be tion. and development and whether or not the De- composed of eight members of whom— partment has a coordinated combat casualty (i) two shall be appointed by the Majority Leader of the Senate; SA 1142. Mrs. BOXER (for herself, care research and development strategy. (5) An assessment of the adequacy of re- (ii) two shall be appointed by the Minority Mrs. FEINSTEIN, and Mr. NELSON of sources provided for combat casualty care Leader of the Senate; Florida) submitted an amendment in- research and development across the Depart- (iii) two shall be appointed by the Speaker tended to be proposed by her to the bill ment. of the House of Representatives; and S. 1867, to authorize appropriations for (6) An assessment of the programmatic, or- (iv) two shall be appointed by the Minority fiscal year 2012 for military activities ganizational, and resource challenges and Leader of the House of Representatives. of the Department of Defense, for mili- gaps faced by the Department in optimizing (B) QUALIFICATIONS.—Individuals appointed tary construction, and for defense ac- investments in combat casualty care med- to the Commission shall have significant ex- tivities of the Department of Energy, ical research and development in order to perience in the national security or foreign policy of the United States. to prescribe military personnel save lives on the battlefield. (7) The extent to which the Department (C) DEADLINE FOR APPOINTMENT.—Appoint- strengths for such fiscal year, and for utilizes expertise from experts and entities ments of the members of the Commission other purposes; which was ordered to outside the Department with expertise in shall be made not later than 45 days after lie on the table; as follows: combat casualty care medical research and the date of the enactment of this Act. At the end of subtitle H of title X, add the development. (D) CHAIRMAN AND VICE CHAIRMAN.—The following: (8) An assessment of the challenges faced Commission shall select a Chairman and in rapidly applying research findings and Vice Chairman from among it members. SEC. lll. DESIGNATION OF DISTINGUISHED technology developments to improved bat- (3) TENURE; VACANCIES.—Members shall be FLYING CROSS NATIONAL MEMO- appointed for the life of the Commission. RIAL IN RIVERSIDE, CALIFORNIA. tlefield care. (9) Recommendations regarding— Any vacancy in the Commission shall not af- (a) DESIGNATION.—The memorial to mem- (A) the need for a coordinated combat cas- fect its powers, but shall be filled in the bers of the Armed Forces who have been ualty care medical research and development same manner as the original appointment. awarded the Distinguished Flying Cross at strategy; (4) MEETINGS.— March Field Air Museum in Riverside, Cali- (B) organizational obstacles or realign- (A) INITIAL MEETING.—Not later than 30 fornia, is designated as the ‘‘Distinguished ments to improve effectiveness of combat days after the date on which all members of Flying Cross National Memorial’’. casualty care medical research and develop- the Commission have been appointed, the (b) EFFECT OF DESIGNATION.—The national ment; and Commission shall hold its first meeting. memorial designated by this section is not a (C) adequacy of resource support. (B) CALLING OF THE CHAIRMAN.—The Com- unit of the National Park System, and the mission shall meet at the call of the Chair- designation of the national memorial shall SA 1144. Mr. MCCAIN submitted an man. not be construed to require or permit Fed- amendment intended to be proposed by (C) QUORUM.—A majority of the members eral funds to be expended for any purpose re- him to the bill S. 1867, to authorize ap- of the Commission shall constitute a lated to the national memorial. propriations for fiscal year 2012 for quorum, but a lesser number of members military activities of the Department may hold hearings. SA 1143. Mrs. HAGAN (for herself and of Defense, for military construction, (b) DUTIES.— (1) STUDY OF OVERSEAS MILITARY FACILITY Mr. PORTMAN) submitted an amend- and for defense activities of the De- ment intended to be proposed by her to STRUCTURE.— partment of Energy, to prescribe mili- (A) IN GENERAL.—The Commission shall the bill S. 1867, to authorize appropria- tary personnel strengths for such fiscal conduct a thorough study of matters relat- tions for fiscal year 2012 for military year, and for other purposes; which was ing to the military facility structure of the activities of the Department of De- ordered to lie on the table; as follows: United States overseas. fense, for military construction, and At the end of section 4001, add the fol- (B) SCOPE.—In conducting the study, the for defense activities of the Depart- lowing: Commission shall— ment of Energy, to prescribe military (d) REDUCTION OF AUTHORIZATIONS OF AP- (i) assess the number of forces required to personnel strengths for such fiscal PROPRIATIONS EXCEEDING LEVEL REQUESTED be forward based outside the United States; year, and for other purposes; which was IN PRESIDENT’S BUDGET AND PARTIAL RES- (ii) examine the current state of the mili- TORATION OF OPERATION AND MAINTENANCE tary facilities and training ranges of the ordered to lie on the table; as follows: ACCOUNTS.—Notwithstanding the amounts United States overseas for all permanent At the end of subtitle G of title X, add the specified in the funding tables in titles XLI stations and deployed locations, including following: through XLVI, the amounts specified in the the condition of land and improvements at

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7750 CONGRESSIONAL RECORD — SENATE November 17, 2011 such facilities and ranges and the avail- ees of the United States shall serve without of Defense, for military construction, ability of additional land, if required, for compensation in addition to that received and for defense activities of the De- such facilities and ranges; for their services as officers or employees of partment of Energy, to prescribe mili- (iii) identify the amounts received by the the United States. tary personnel strengths for such fiscal United States, whether in direct payments, (2) TRAVEL.— in-kind contributions, or otherwise, from (A) EXPENSES.—Members of the Commis- year, and for other purposes; which was foreign countries by reason of military fa- sion shall be allowed travel expenses, includ- ordered to lie on the table; as follows: cilities of the United States overseas; ing per diem in lieu of subsistence, at rates On page 114, strike line 2 and insert the fol- (iv) assess the feasibility and advisability authorized for employees of agencies under lowing: of the closure or realignment of military fa- subchapter I of chapter 57 of title 5, United the study, and cilities of the United States overseas, or of States Code, while away from their homes or (8) ensure the involvement and input of the establishment of new military facilities regular places of business in the performance military technicians (dual status), including of the United States overseas; of services for the Commission under this through their exclusive representatives in (v) consider the findings of the February section. the case of military technicians (dual status) 2011 Government Accountability Office re- (B) MILITARY AIRCRAFT.—Members and who are members of a collective bargaining port, ‘‘Additional Cost Information and staff of the Commission may receive trans- unit. Stakeholder Input Necessary to Assess Mili- portation on military aircraft to and from tary Posture in Europe’’, GAO–11–131; and the United States, and overseas, for purposes SA 1147. Mr. REED submitted an (vi) consider or assess any other issue re- of the performance of the duties of the Com- lating to military facilities of the United amendment intended to be proposed by mission to the extent that such transpor- him to the bill S. 1867, to authorize ap- States overseas that the Commission con- tation will not interfere with the require- siders appropriate. ments of military operations. propriations for fiscal year 2012 for (2) REPORT.— (3) STAFFING.— military activities of the Department (A) IN GENERAL.—Not later than 60 days (A) EXECUTIVE DIRECTOR.—The Chairman of of Defense, for military construction, after holding its final public hearing, the the Commission may, without regard to the and for defense activities of the De- Commission shall submit to the President civil service laws and regulations, appoint partment of Energy, to prescribe mili- and Congress a report which shall contain a and terminate an executive director and tary personnel strengths for such fiscal detailed statement of the findings and con- such other additional personnel as may be clusions of the Commission, together with year, and for other purposes; which was necessary to enable the Commission to per- ordered to lie on the table; as follows: its recommendations for such legislation and form its duties under this section. The em- administrative actions as it considers appro- ployment of an executive director shall be At the end of subtitle B of title V, add the priate. subject to confirmation by the Commission. following: (B) PROPOSED OVERSEAS BASING STRAT- (B) STAFF.—The Commission may employ SEC. 515. PROHIBITION ON REPAYMENT OF EN- EGY.—In addition to the matters specified in a staff to assist the Commission in carrying LISTMENT OR RELATED BONUSES subparagraph (A), the report shall also in- out its duties. The total number of the staff BY CERTAIN INDIVIDUALS EM- clude a proposal by the Commission for an PLOYED AS MILITARY TECHNICIANS of the Commission, including an executive overseas basing strategy for the Department (DUAL STATUS) WHILE ALREADY A director under subparagraph (A), may not ex- of Defense in order to meet the current and MEMBER OF A RESERVE COMPO- ceed 12. NENT. future mission of the Department, taking (C) COMPENSATION.—The Chairman of the (a) PROHIBITION.—Section 10216 of title 10, into account heightened fiscal constraints. Commission may fix the compensation of the United States Code, is amended by adding at (C) FOCUS ON PARTICULAR ISSUES.—The re- executive director and other personnel with- port shall focus on current and future geo- the end the following new subsection: out regard to chapter 51 and subchapter III of ROHIBITION ON REPAYMENT OF CER- political posturing, operational require- ‘‘(h) P chapter 53 of title 5, United States Code, re- ments, mobility, quality of life, cost, and TAIN ENLISTMENT AND RELATED BONUSES.— lating to classification of positions and Gen- synchronization with the combatant com- The Secretary concerned may not require an eral Schedule pay rates, except that the rate mands. individual who becomes employed as a mili- (c) POWERS.— of pay for the executive director and other tary technician (dual status) while the indi- (1) HEARINGS.—The Commission may hold personnel may not exceed the rate payable vidual is already a member of a reserve com- such hearings, sit and act at such times and for level V of the Executive Schedule under ponent to repay an enlistment, reenlistment, places, take such testimony, and receive section 5316 of such title. or affiliation bonus provided to the indi- such evidence as the Commission considers (4) DETAILS.—Any employee of the Depart- vidual in connection with the individual’s advisable to carry out this section. ment of Defense, the Department of State, or enlistment or reenlistment before such em- (2) INFORMATION SHARING.—The Commis- the Government Accountability Office may ployment if the individual becomes so em- sion may secure directly from any Federal be detailed to the Commission without reim- ployed in the same occupational specialty department or agency such information as bursement, and such detail shall be without for which such bonus was provided.’’. the Commission considers necessary to carry interruption or loss of civil service status or (b) APPLICABILITY.—The amendment made out this section. Upon request of the Chair- privilege. by subsection (a) shall take effect on the man of the Commission, the head of such de- (5) TEMPORARY AND INTERMITTENT SERV- date of the enactment of this Act, and shall partment or agency shall furnish such infor- ICES.—The Chairman of the Commission may apply with respect to individuals first be- mation to the Commission. procure temporary and intermittent services coming employed as a military technician (3) ADMINISTRATIVE SUPPORT.—Upon re- under section 3109(b) of title 5, United States (dual status) on or after that date. quest of the Commission, the Administrator Code, at rates for individuals which do not of General Services shall provide to the Com- exceed the daily equivalent of the annual SA 1148. Mr. REED submitted an mission, on a reimbursable basis, the admin- rate of basic pay prescribed for level V of the amendment intended to be proposed by istrative support necessary for the Commis- Executive Schedule under section 5316 of him to the bill S. 1867, to authorize ap- sion to carry out its duties under this sec- such title. propriations for fiscal year 2012 for (e) SECURITY.— tion. military activities of the Department (1) SECURITY CLEARANCES.—Members and (4) MAILS.—The Commission may use the of Defense, for military construction, United States mails in the same manner and staff of the Commission, and any experts and consultants to the Commission, shall possess and for defense activities of the De- under the same conditions as other depart- partment of Energy, to prescribe mili- ments and agencies of the Federal Govern- security clearances appropriate for their du- ment. ties with the Commission under this section. tary personnel strengths for such fiscal (2) INFORMATION SECURITY.—The Secretary (5) GIFTS.—The Commission may accept, year, and for other purposes; which was use, and dispose of gifts or donations of serv- of Defense shall assume responsibility for ordered to lie on the table; as follows: the handling and disposition of any informa- ices or property. At the end of subtitle B of title V, add the tion relating to the national security of the (d) PERSONNEL MATTERS.— following: (1) COMPENSATION OF MEMBERS.—Each United States that is received, considered, or used by the Commission under this section. SEC. 515. RIGHTS OF GRIEVANCE, ARBITRATION, member of the Commission who is not an of- APPEAL, AND REVIEW BEYOND THE (f) TERMINATION.—The Commission shall ficer or employee of the Federal Government ADJUTANT GENERAL FOR MILITARY shall be compensated at a rate equal to the terminate 45 days after the date on which TECHNICIANS. the Commission submits its report under daily equivalent of the annual rate of basic (a) RIGHTS IN ADVERSE ACTIONS NOT RE- subsection (b). pay prescribed for level IV of the Executive LATED TO MILITARY SERVICE.—Section 709 of Schedule under section 5315 of title 5, United Mr. REED submitted an title 32, United States Code, is amended— States Code, for each day (including travel SA 1146. (1) in subsection (f)— time) during which such member is engaged amendment intended to be proposed by (A) in the matter preceding paragraph (1), in the performance of the duties of the Com- him to the bill S. 1867, to authorize ap- by striking ‘‘Notwithstanding any other pro- mission under this section. All members of propriations for fiscal year 2012 for vision of law and under’’ and inserting the Commission who are officers or employ- military activities of the Department ‘‘Under’’; and

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7751 (B) in paragraph (4), by striking ‘‘a right of North Anchorage Land Agreement is amend- count, and shall be available for the same appeal’’ and inserting ‘‘subject to subsection ed by the parties thereto to specifically per- purposes, and subject to the same conditions (j), a right of appeal’’; and mit the conveyance under this subparagraph. and limitations, as amounts in such fund or (2) by adding at the end the following new (B) The Secretary of the Air Force may, in account. subsection: consultation with the Secretary of the Inte- (f) TREATMENT OF CASH CONSIDERATION RE- ‘‘(j)(1) Notwithstanding subsection (f)(4) or rior, upon terms mutually agreeable to the CEIVED.—Any cash payment received by the any other provision of law, a technician and Secretary of the Air Force and Eklutna, con- United States as consideration for the con- a labor organization that is the exclusive vey to Eklutna all right, title, and interest veyances under subsection (a) shall be depos- representative of a bargaining unit including of the United States in and to all or any part ited in the special account in the Treasury the technician shall have the rights of griev- of a parcel of real property, including any established under subsection (b) of section ance, arbitration, appeal, and review extend- improvements thereon, consisting of ap- 572 of title 40, United States Code, and shall ing beyond the adjutant general of the juris- proximately 130 acres situated on the north- be available in accordance with paragraph diction concerned and to the Merit Systems east corner of the Glenn Highway and Boni- (5)(B) of such subsection. Protection Board and thereafter to the face Parkway in Anchorage, Alaska, or such (g) DESCRIPTION OF PROPERTY.—The exact United States Court of Appeals for the Fed- other property as may be identified in con- acreage and legal description of the real eral Circuit, in the same manner as provided sultation with the Secretary of the Interior, property to be conveyed under subsection (a) in sections 4303, 7121, and 7701–7703 of title 5, for any use compatible with JBER’s current and of the real property interests to be ac- with respect to a performance-based or ad- and reasonably foreseeable mission as deter- quired under subsection (b) shall be deter- verse action imposing removal, suspension mined by the Secretary of the Air Force. mined by surveys satisfactory to the Sec- for more than 14 days, furlough for 30 days or (2) RIGHT TO WITHHOLD TRANSFER.—The retary. less, or reduction in pay or pay band (or Secretary may withhold transfer of any por- (h) OTHER OR ADDITIONAL TERMS AND CON- comparable reduction). tion of the real property described in para- DITIONS.—The Secretary may require such ‘‘(2) The rights in paragraph (1) shall not graph (1) based on public interest or military additional terms and conditions in connec- apply to actions relating to military service. mission requirements. tion with the conveyances under subsection ‘‘(3) This subsection does not apply to a (b) TRANSFER OF ADMINISTRATIVE CON- (a) as the Secretary considers appropriate to technician who is serving under a temporary TROL.— protect the interests of the United States. appointment or in a trial or probationary pe- (1) REAL PROPERTY ACTIONS.—The Sec- riod.’’. retary of the Interior shall complete any real SA 1150. Mr. PRYOR submitted an (b) ADVERSE ACTIONS COVERED.—Sub- property actions necessary to allow the Sec- amendment intended to be proposed by section (g) of such section is amended by retary of the Air Force to convey property him to the bill S. 1867, to authorize ap- striking ‘‘, 3502, 7511, and 7512’’ and inserting under this section. propriations for fiscal year 2012 for ‘‘and 3502’’. (2) ADMINISTRATIVE JURISDICTION.—The military activities of the Department (c) CONFORMING AMENDMENT.—Section Secretary of Interior, acting through the Bu- 7511(b) of title 5, United States Code, is reau of Land Management, shall, upon re- of Defense, for military construction, amended— quest from the Secretary of the Air Force, and for defense activities of the De- (1) by striking paragraph (5); and transfer administrative jurisdiction over any partment of Energy, to prescribe mili- (2) by redesignating paragraphs (6) through requested parcel of property to the Secretary tary personnel strengths for such fiscal (10) as paragraphs (5) through (9), respec- of the Air Force for purposes of carrying out year, and for other purposes; which was tively. the conveyances authorized under subsection ordered to lie on the table; as follows: (a). At the end of subtitle H of title X, add the Mr. BEGICH (for himself and (c) CONSIDERATION.— SA 1149. following: Ms. MURKOWSKI) submitted an amend- (1) MUNICIPALITY PROPERTY.—As consider- ation for the conveyance under subsection SEC. 1088. IMPROVEMENTS TO STAFF CON- ment intended to be proposed by him FERENCES DIRECTED BY UNITED (a)(1), the Secretary of the Air Force may re- to the bill S. 1867, to authorize appro- STATES COURT OF APPEALS FOR priations for fiscal year 2012 for mili- ceive in-kind solid waste management serv- VETERANS CLAIMS. ices at the Anchorage Regional Landfill, and (a) IN GENERAL.—Subchapter II of chapter tary activities of the Department of such other consideration as determined sat- Defense, for military construction, and 72 of title 38, United States Code, is amended isfactory by the Secretary. by inserting after section 7264 the following for defense activities of the Depart- (2) EKLUTNA PROPERTY.—As consideration new section: ment of Energy, to prescribe military for the conveyance under subsection (a)(2), ‘‘§ 7264A. Staff conferences personnel strengths for such fiscal the Secretary of the Air Force is authorized ‘‘(a) FILING OF REPORT DESCRIBING BASIS year, and for other purposes; as fol- to receive, upon terms mutually agreeable to FOR OPPOSITION BY SECRETARY TO REMAND.— lows: the Secretary and Eklutna, such interests in the surface estate of real property owned by If the Court of Appeals for Veterans Claims At the end of subtitle C of title XXVIII, Eklutna and situated at the northeast directs the representatives and self-rep- add the following: boundary of JBER and other consideration resented parties to participate in a staff con- SEC. 2823. LAND CONVEYANCE AND EXCHANGE, as considered satisfactory by the Secretary. ference pursuant to rule 33 of the Rules of JOINT BASE ELMENDORF RICHARD- (d) RESPONSIBILITY FOR ENVIRONMENTAL Practice and Procedure of the Court of Ap- SON, ALASKA. CLEANUP.—The Secretary of the Air Force peals for Veterans Claims, or any cor- (a) CONVEYANCES AUTHORIZED.— shall retain liability under the Comprehen- responding similar rule, and an agreement to (1) IN GENERAL.—In an effort to reduce Fed- sive Environmental Response, Compensa- remand the matter has not been reached be- eral expenses, resolve evolving land use con- tion, and Liability Act of 1980 (42 U.S.C. 9601 fore the end of such conference, the Sec- flicts, and maximize the beneficial use of et seq.), and any other applicable environ- retary shall, not later than seven days after real property resources by and between Joint mental statute or regulation, for any envi- the end of such conference, submit to the Base Elmendorf Richardson (in this section ronmental hazard on the properties conveyed Court and the appellant a written report de- referred to as the ‘‘JBER’’); the Municipality under subsection (a) as of the date or dates scribing the basis upon which the Secretary of Anchorage, an Alaska municipal corpora- of conveyance, unless such liability is con- remains opposed to remand. tion (in this section referred to as the ‘‘Mu- veyed in consideration for the exchanged ‘‘(b) SUBSEQUENT DETERMINATION BY SEC- nicipality’’); and Eklutna, Inc., an Alaska property. RETARY OF NEED FOR REMAND.—If the Sec- Native village corporation organized pursu- (e) PAYMENT OF COSTS OF CONVEYANCE.— retary submits a written report as described ant to the Alaska Native Claims Settlement (1) PAYMENT REQUIRED.—The Secretary in subsection (a) in a matter, the Secretary Act (43 U.S.C. 1601 et seq.) (in this section re- shall require the Municipality and Eklutna may not seek a remand of the matter with- ferred to as ‘‘Eklutna’’), the following con- to reimburse the Secretary to cover costs out the agreement of the appellant. veyances are authorized: (except costs for environmental remediation ‘‘(c) EFFECT OF SUBSEQUENT DETERMINA- (A) The Secretary of the Air Force may, in of the property) to be incurred by the Sec- TION OF NEED FOR REMAND.—Any period dur- consultation with the Secretary of the Inte- retary, or to reimburse the Secretary for ing which the Court is considering a motion rior, convey to the Municipality all right, costs incurred by the Secretary, to carry out made or during which a matter is remanded title, and interest of the United States in the conveyances under subsection (a), in- in accordance with subsection (b) shall not and to all or any part of a parcel of real cluding survey costs, costs for environ- be counted against an appellant for purposes property, including any improvements there- mental documentation, and any other ad- of any time limitation under this chapter or on, consisting of approximately 220 acres at ministrative costs related to the conveyance. the Rules of Practice and Procedure of the JBER situated to the west of and adjacent to (2) TREATMENT OF AMOUNTS RECEIVED.— Court of Appeals for Veterans Claims. the Anchorage Regional Landfill in Anchor- Amounts received as reimbursement under ‘‘(d) PROHIBITION ON OBJECTION OR OPPOSI- age, Alaska, for solid waste management paragraph (1) shall be credited to the fund or TION TO SUBSEQUENT FILINGS FOR FEES AND purposes, including reclamation thereof, and account that was used to cover those costs OTHER EXPENSES.—If the Secretary seeks a for alternative energy production, and other incurred by the Secretary in carrying out remand after the end of the seven-day period related activities. This authority may not be the conveyance. Amounts so credited shall described in subsection (a), the Secretary exercised unless and until the March 15, 1982, be merged with amounts in such fund or ac- may not oppose any subsequent filing by the

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Mr. UDALL of New Mexico sections at the beginning of chapter 72 of following: (for himself, Mr. CORKER, Mrs. such title is amended by inserting after the SEC. 1088. PROVISION OF STATUS UNDER LAW BY MCCASKILL, Mr. BINGAMAN, and Mr. AL- item relating to section 7264 the following HONORING CERTAIN MEMBERS OF EXANDER, Mr. NELSON of Florida, and new item: THE RESERVE COMPONENTS OF THE Mr. UDALL of Colorado) submitted an ‘‘7264A. Staff conferences.’’. ARMED FORCES AS VETERANS. amendment intended to be proposed by (a) IN GENERAL.—Chapter 1 of title 38, United States Code, is amended by inserting him to the bill S. 1867, to authorize ap- SA 1151. Mr. PRYOR submitted an propriations for fiscal year 2012 for amendment intended to be proposed by after section 107 the following new section: ‘‘§ 107A. Honoring as veterans certain persons military activities of the Department him to the bill S. 1867, to authorize ap- of Defense, for military construction, propriations for fiscal year 2012 for who performed service in the reserve com- ponents and for defense activities of the De- military activities of the Department partment of Energy, to prescribe mili- of Defense, for military construction, ‘‘Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular tary personnel strengths for such fiscal and for defense activities of the De- service or, but for age, would be entitled year, and for other purposes; which was partment of Energy, to prescribe mili- under such chapter to retired pay for nonreg- ordered to lie on the table; as follows: tary personnel strengths for such fiscal ular service shall be honored as a veteran At the end of subtitle H of title X, add the year, and for other purposes; which was but shall not be entitled to any benefit by following: ordered to lie on the table; as follows: reason of this section.’’. SEC. lll. ESTABLISHMENT OF OPEN BURN PIT At the end of subtitle C of title VI, add the (b) CLERICAL AMENDMENT.—The table of REGISTRY. following: sections at the beginning of such chapter is (a) IN GENERAL.—Not later than 180 days amended by inserting after the item relating SEC. 634. DEATH GRATUITY AND RELATED BENE- after the date of the enactment of this Act, FITS FOR RESERVES WHO DIE DUR- to section 107 the following new item: the Secretary of Veterans Affairs shall— ING AN AUTHORIZED STAY AT THEIR ‘‘107A. Honoring as veterans certain persons (1) establish and maintain an open burn pit RESIDENCE DURING OR BETWEEN who performed service in the registry for eligible individuals who may SUCCESSIVE DAYS OF INACTIVE reserve components.’’. have been exposed to toxic chemicals and DUTY TRAINING. fumes caused by open burn pits; (a) DEATH GRATUITY.— SA 1153. Mr. UDALL of New Mexico (2) include any information in such reg- (1) PAYMENT AUTHORIZED.—Section (for himself, Mr. HELLER, Mr. BINGA- istry that the Secretary of Veterans Affairs 1475(a)(3) of title 10, United States Code, is MAN, Mrs. GILLIBRAND, and Mrs. FEIN- determines necessary to ascertain and mon- amended by inserting before the semicolon itor the health effects of the exposure of STEIN) submitted an amendment in- the following: ‘‘or while staying at the Re- members of the Armed Forces to toxic serve’s residence, when so authorized by tended to be proposed by him to the chemicals and fumes caused by open burn proper authority, during the period of such bill S. 1867, to authorize appropriations pits; inactive duty training or between successive for fiscal year 2012 for military activi- (3) develop a public information campaign days of inactive duty training’’. ties of the Department of Defense, for to inform eligible individuals about the open (2) TREATMENT AS DEATH DURING INACTIVE military construction, and for defense burn pit registry, including how to register DUTY TRAINING.—Section 1478(a) of such title activities of the Department of Energy, and the benefits of registering; and is amended— (4) periodically notify eligible individuals (A) by redesignating paragraphs (4) to prescribe military personnel strengths for such fiscal year, and for of significant developments in the study and through (8) as paragraphs (5) through (9), re- treatment of conditions associated with ex- spectively; and other purposes; which was ordered to posure to toxic chemicals and fumes caused (B) by inserting after paragraph (3) the fol- lie on the table; as follows: by open burn pits. lowing new paragraph (4): At the end of subtitle H of title X, add the (b) REPORT TO CONGRESS.— ‘‘(4) A person covered by subsection (a)(3) following: (1) REPORT BY INDEPENDENT SCIENTIFIC OR- of section 1475 of this title who died while on SEC. 1088. INCLUSION OF ULTRALIGHT VEHICLES GANIZATION.—The Secretary of Veterans Af- authorized stay at the person’s residence IN DEFINITION OF AIRCRAFT FOR fairs shall enter into an agreement with an during a period of inactive duty training or CERTAIN AVIATION SMUGGLING independent scientific organization to de- between successive days of inactive duty PROVISIONS. velop a report containing the following: training is considered to have been on inac- (a) AMENDMENTS TO THE AVIATION SMUG- (A) An assessment of the effectiveness of tive duty training on the date of his death.’’. GLING PROVISIONS OF THE TARIFF ACT OF actions taken by the Secretary to collect (b) RECOVERY, CARE, AND DISPOSITION OF 1930.— and maintain information on the health ef- REMAINS AND RELATED BENEFITS.—Section (1) IN GENERAL.—Section 590 of the Tariff fects of exposure to toxic chemicals and 1481(a)(2) of such title is amended— Act of 1930 (19 U.S.C. 1590) is amended— fumes caused by open burn pits. (1) by redesignating subparagraph (E) and (A) by redesignating subsection (g) as sub- (B) Recommendations to improve the col- (F) as subparagraphs (F) and (G), respec- section (h); and lection and maintenance of such informa- tively; and (B) by inserting after subsection (f) the fol- tion. (2) by inserting after subparagraph (D) the lowing: (C) Using established and previously pub- following new subparagraph (E): ‘‘(g) DEFINITION OF AIRCRAFT.—As used in lished epidemiological studies, recommenda- ‘‘(E) staying at the member’s residence, this section, the term ‘aircraft’ includes an tions regarding the most effective and pru- when so authorized by proper authority, dur- ultralight vehicle, as defined by the Admin- dent means of addressing the medical needs ing a period of inactive duty training or be- istrator of the Federal Aviation Administra- of eligible individuals with respect to condi- tween successive days of inactive duty train- tion.’’. tions that are likely to result from exposure ing;’’. (2) CRIMINAL PENALTIES.—Subsection (d) of to open burn pits. (c) EFFECTIVE DATE.—The amendments section 590 of the Tariff Act of 1930 (19 U.S.C. (2) SUBMITTAL TO CONGRESS.—Not later made by this section shall take effect on 1590(d)) is amended in the matter preceding than 540 days after the date on which the January 1, 2010, and shall apply with respect paragraph (1) by inserting ‘‘, or attempts or registry required by subsection (a) is estab- to deaths that occur on or after that date. conspires to commit,’’ after ‘‘commits’’. lished, the Secretary of Veterans Affairs (3) EFFECTIVE DATE.—The amendments shall submit to Congress the report devel- SA 1152. Mr. PRYOR (for himself, Mr. made by this subsection apply with respect oped under paragraph (1). BOOZMAN, Mr. CRAPO, Mr. GRASSLEY, to violations of any provision of section 590 (c) DEFINITIONS.—In this section: Mr. JOHNSON of South Dakota, Ms. of the Tariff Act of 1930 on or after the 30th (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- KLOBUCHAR, Mr. LEAHY, Mr. SESSIONS, day after the date of the enactment of this ble individual’’ means any individual who, on Mrs. SHAHEEN, Ms. SNOWE, Mr. TESTER, Act. or after September 11, 2001— (b) INTERAGENCY COLLABORATION.—The As- (A) was deployed in support of a contin- Mr. THUNE, and Mr. WYDEN) submitted sistant Secretary of Defense for Research gency operation while serving in the Armed an amendment intended to be proposed and Engineering shall, in consultation with Forces; and by him to the bill S. 1867, to authorize the Under Secretary for Science and Tech- (B) during such deployment, was based or appropriations for fiscal year 2012 for nology of the Department of Homeland Secu- stationed at a location where an open burn military activities of the Department rity, identify equipment and technology used pit was used.

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(2) OPEN BURN PIT.—The term ‘‘open burn (C) consult with Governors, State legisla- (1) in section 926B— pit’’ means an area of land located in Af- tors, and locally elected officials; (A) in subsection (c)(1), by inserting ‘‘or ghanistan or Iraq that— (D) consult with the RAND Corporation apprehension under section 807(b) of title 10, (A) is designated by the Secretary of De- concerning the RAND Project Air Force re- United States Code (article 7(b) of the Uni- fense to be used for disposing solid waste by port entitled, ‘‘Preserving Range and Air- form Code of Military Justice)’’ after ‘‘ar- burning in the outdoor air; and space Access for the Air Force Mission: rest’’; and (B) does not contain a commercially manu- Striving for a Strategic Vantage Point’’; and (B) in subsection (f), by inserting ‘‘or ap- factured incinerator or other equipment spe- (E) consult with United State allies cur- prehension under section 807(b) of title 10, cifically designed and manufactured for the rently training at United States test and United States Code (article 7(b) of the Uni- burning of solid waste. training ranges on a regular basis, at least form Code of Military Justice)’’ after ‘‘ar- annually, to solicit their input and assess- rest’’; and SA 1155. Ms. COLLINS submitted an ment of their experiences at those test and (2) in section 926C(c)(2), by inserting ‘‘or amendment intended to be proposed by training ranges. apprehension under section 807(b) of title 10, him to the bill S. 1867, to authorize ap- United States Code (article 7(b) of the Uni- propriations for fiscal year 2012 for SA 1157. Mr. RISCH submitted an form Code of Military Justice)’’ after ‘‘ar- military activities of the Department amendment intended to be proposed by rest’’. of Defense, for military construction, him to the bill S. 1867, to authorize ap- SA 1160. Mr. WYDEN (for himself and and for defense activities of the De- propriations for fiscal year 2012 for Mr. MERKLEY) submitted an amend- partment of Energy, to prescribe mili- military activities of the Department ment intended to be proposed by him tary personnel strengths for such fiscal of Defense, for military construction, to the bill S. 1867, to authorize appro- year, and for other purposes; as fol- and for defense activities of the De- priations for fiscal year 2012 for mili- lows: partment of Energy, to prescribe mili- tary personnel strengths for such fiscal tary activities of the Department of At the end of subtitle D of title V, add the Defense, for military construction, and following: year, and for other purposes; which was for defense activities of the Depart- SEC. 547. EDUCATIONAL ASSISTANCE FOR AD- ordered to lie on the table; as follows: VANCED DEGREES IN PHYSICAL In section 331(b)(2), strike subparagraphs ment of Energy, to prescribe military THERAPY AND OCCUPATIONAL (K) and (L) and insert the following: personnel strengths for such fiscal THERAPY UNDER THE ARMED (K) identify parcels with no value to future year, and for other purposes; which was FORCES HEALTH PROFESSIONS military operations; ordered to lie on the table; as follows: SCHOLARSHIP PROGRAM. (L) propose a list of prioritized projects, (a) IN GENERAL.—In accordance with guid- At the end of title XXVII, add the fol- easements, acquisitions, or other actions, in- lowing: ance issued by the Secretary of Defense for cluding estimated costs required to upgrade purposes of this section, assistance under the the test and training range infrastructure, SEC. 2705. CLOSURE OF UMATILLA CHEMICAL DEPOT, OREGON. Armed Forces Health Professions Scholar- taking into consideration the criteria set ship program under subchapter I of chapter (a) IN GENERAL.—Notwithstanding any forth in this paragraph; and other provision of law, the Secretary of the 105 of title 10, United States Code, shall be (M) explore opportunities to increase for- available for pursuit of a master’s degree and Army shall close Umatilla Chemical Depot, eign military training with United States al- Oregon, not later than one year after the a doctoral degree in the disciplines as fol- lies at test and training ranges in the conti- lows: completion of the chemical demilitarization nental United States, and articulate the mission in accordance with the Chemical (1) Physical therapy. prospects for realizing those opportunities. (2) Occupational therapy. Weapons Convention Treaty. (b) BRAC PROCEDURES AND AUTHORITIES.— (b) TERMINATION.—The guidance under sub- SA 1158. Ms. COLLINS (for herself, section (a) shall provide that the availability The closure of the Umatilla Chemical Depot, Mr. BEGICH, and Mr. MANCHIN) sub- Oregon, and subsequent management and of assistance as described in that subsection mitted an amendment intended to be for pursuit of a degree in a discipline covered property disposal shall be carried out in ac- by that subsection shall cease when the Sec- proposed by her to the bill S. 1867, to cordance with procedures and authorities retary certifies to Congress that there no authorize appropriations for fiscal year contained in the Defense Base Closure and longer exists a current or projected shortfall 2012 for military activities of the De- Realignment Act of 1990 (part A of title in qualified personnel in that discipline in ei- partment of Defense, for military con- XXIX of Public Law 101–510; 10 U.S.C. 2687 ther of the following: struction, and for defense activities of note). (c) COMPLIANCE WITH ENVIRONMENTAL (1) The military departments. the Department of Energy, to prescribe (2) Any major military medical treatment LAWS.—Nothing in this section shall be con- military personnel strengths for such strued to affect or limit the application of, facility specializing in the rehabilitation of fiscal year, and for other purposes; as wounded members of the Armed Forces. or any obligation to comply with, any envi- follows: ronmental law, including the Comprehensive SA 1156. Mr. RISCH submitted an On page 367, strike line 11 and all that fol- Environmental Response, Compensation, and amendment intended to be proposed by lows though ‘‘Guantanamo’’ on line 18 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) him to the bill S. 1867, to authorize ap- insert the following: and the Solid Waste Disposal Act (42 U.S.C. (c) PERMANENT PROHIBITION IN CASES OF 6901 et seq.). propriations for fiscal year 2012 for PRIOR CONFIRMED RECIDIVISM.— (d) RETENTION OF PROPERTY AND FACILI- military activities of the Department (1) PERMANENT PROHIBITION.—Except as TIES.—The Secretary of the Army may retain of Defense, for military construction, provided in paragraph (2) and subject to sub- minimum essential ranges, facilities, and and for defense activities of the De- section (d), the Secretary of Defense may not training areas at Umatilla Chemical Depot partment of Energy, to prescribe mili- use any amounts authorized to be appro- totaling approximately 7,500 acres as a train- tary personnel strengths for such fiscal priated or otherwise made available to the ing enclave for the reserve components of year, and for other purposes; which was Department of Defense for any fiscal year to the Armed Forces to permit the conduct of transfer an individual detained at Guanta- individual and annual training. ordered to lie on the table; as follows: namo In section 331(a), strike paragraph (2) and SA 1161. Mr. WARNER submitted an insert the following: SA 1159. Mr. LEAHY submitted an amendment intended to be proposed by (2) CONSULTATION.—The Secretary of the amendment intended to be proposed by him to the bill S. 1867, to authorize ap- Air Force shall, in conducting the study re- him to the bill S. 1867, to authorize ap- propriations for fiscal year 2012 for quired under paragraph (1)— propriations for fiscal year 2012 for military activities of the Department (A) consult with the Secretaries of the military activities of the Department other military departments to determine op- of Defense, for military construction, portunities for joint use and training of the of Defense, for military construction, and for defense activities of the De- ranges, and to assess the requirements need- and for defense activities of the De- partment of Energy, to prescribe mili- ed to support combined arms training on the partment of Energy, to prescribe mili- tary personnel strengths for such fiscal ranges; tary personnel strengths for such fiscal year, and for other purposes; which was (B) consult with the Department of the In- year, and for other purposes; which was ordered to lie on the table; as follows: terior, the Department of Agriculture, the ordered to lie on the table; as follows: At the end of subtitle B of title III, add the Federal Aviation Administration, the Fed- At the end of subtitle H of title X, add the following: eral Energy Regulation Commission, and the following: SEC. 316. CORE CURRICULUM AND CERTIFI- Department of Energy to assess the need for SECTION 1088. AMENDMENTS TO LAW ENFORCE- CATION STANDARDS FOR DEPART- transfers of administrative control of certain MENT OFFICER SAFETY PROVISIONS MENT OF DEFENSE ENERGY MAN- parcels of airspace and land to the Depart- OF TITLE 18. AGERS. ment of Defense to protect the missions and Chapter 44 of title 18, United States Code, (a) TRAINING PROGRAM AND ISSUANCE OF control of the ranges; is amended— GUIDANCE.—

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7754 CONGRESSIONAL RECORD — SENATE November 17, 2011 (1) IN GENERAL.—Subchapter I of chapter year, and for other purposes; which was ment of India to increase mutual under- 173 of title 10, United States Code, is amend- ordered to lie on the table; as follows: standing regarding best practices in defense ed by inserting after section 2915 the fol- At the end of subtitle B of title III, add the acquisition. lowing new section: following: SA 1165. Mr. WARNER submitted an ‘‘§ 2915a. Facilities: Department of Defense SEC. 316. CONSIDERATION OF ENERGY SECURITY energy managers AND RELIABILITY IN DEVELOPMENT amendment intended to be proposed by ‘‘(a) TRAINING PROGRAM REQUIRED.—The AND IMPLEMENTATION OF ENERGY him to the bill S. 1867, to authorize ap- Secretary of Defense shall establish a train- PERFORMANCE GOALS. propriations for fiscal year 2012 for ing program for Department of Defense en- Section 2911(c) of title 10, United States military activities of the Department ergy managers designated for military in- Code, is amended by adding at the end the of Defense, for military construction, stallations— following new paragraph: ‘‘(12) Opportunities to enhance energy se- and for defense activities of the De- ‘‘(1) to improve the knowledge, skills, and partment of Energy, to prescribe mili- abilities of energy managers; and curity and reliability of defense facilities ‘‘(2) to improve consistency among energy and missions, including through the ability tary personnel strengths for such fiscal managers throughout the Department in the to operate for extended periods off-grid.’’. year, and for other purposes; which was performance of their responsibilities. ordered to lie on the table; as follows: ‘‘(b) CURRICULUM AND CERTIFICATION.—(1) SA 1163. Mr. WARNER submitted an At the end of subtitle A of title IX, add the The Secretary of Defense shall identify core amendment intended to be proposed by following: curriculum and certification standards re- him to the bill S. 1867, to authorize ap- SEC. 907. SENSE OF CONGRESS ON USE OF MOD- quired for energy managers. At a minimum, propriations for fiscal year 2012 for ELING AND SIMULATION IN DEPART- the curriculum shall include the following: military activities of the Department MENT OF DEFENSE ACTIVITIES. ‘‘(A) Details of the energy laws that the of Defense, for military construction, It is the sense of Congress to encourage the Department of Defense is obligated to com- and for defense activities of the De- Department of Defense to continue the use ply with and the mandates that the Depart- partment of Energy, to prescribe mili- and enhancement of modeling and simula- ment of Defense is obligated to implement. tion (M&S) across the spectrum of defense ‘‘(B) Details of energy contracting options tary personnel strengths for such fiscal activities, including acquisition, analysis, for third-party financing of facility energy year, and for other purposes; which was experimentation, intelligence, planning, projects. ordered to lie on the table; as follows: medical, test and evaluation, and training. ‘‘(C) Details of the interaction of Federal At the end of subtitle B of title III, add the laws with State and local renewable port- following: SA 1166. Mr. WARNER submitted an folio standards. SEC. 316. IDENTIFICATION OF ENERGY-EFFI- amendment intended to be proposed by ‘‘(D) Details of current renewable energy CIENT PRODUCTS FOR USE IN CON- him to the bill S. 1867, to authorize ap- technology options, and lessons learned from STRUCTION, REPAIR, OR RENOVA- propriations for fiscal year 2012 for exemplary installations. TION OF DEPARTMENT OF DEFENSE ‘‘(E) Details of strategies to improve indi- FACILITIES. military activities of the Department vidual installation acceptance of its respon- (a) RESPONSIBILITY OF SECRETARY OF DE- of Defense, for military construction, sibility for reducing energy consumption. FENSE.—Section 2915(e) of title 10, United and for defense activities of the De- ‘‘(F) Details of how to conduct an energy States Code, is amended by striking para- partment of Energy, to prescribe mili- audit and the responsibilities for commis- graph (2) and inserting the following new tary personnel strengths for such fiscal sioning, recommissioning, and continuous paragraph: year, and for other purposes; which was ‘‘(2)(A) The Secretary of Defense shall pre- commissioning of facilities. ordered to lie on the table; as follows: ‘‘(2) The curriculum and certification scribe a definition of the term ‘energy-effi- standards shall leverage the best practices of cient product’ for purposes of this subsection At the end of subtitle A of title IX, add the each of the military departments. and establish and maintain a list of products following: ‘‘(3) The certification standards shall iden- satisfying the definition. The definition and SEC. 907. SENSE OF CONGRESS ON TIES BE- tify professional qualifications required to list shall be developed in consultation with TWEEN JOINT WARFIGHTING AND be designated as an energy manager. the Secretary of Energy to ensure, to the COALITION CENTER AND ALLIED COMMAND TRANSFORMATION OF ‘‘(c) INFORMATION SHARING.—The Secretary maximum extent practicable, consistency NATO. of Defense shall ensure that there are oppor- with definitions of the term used by other It is the sense of Congress that the suc- tunities and forums for energy managers to Federal agencies. cessor organization to the United States exchange ideas and lessons-learned within ‘‘(B) The Secretary shall modify the defini- Joint Forces Command (USJFCOM), the each military department, as well as across tion and list of energy-efficient products as Joint Warfighting and Coalition Center, the Department of Defense.’’. necessary to account for emerging or chang- should establish close ties with the Allied (2) CLERICAL AMENDMENT.—The table of ing technologies. Command Transformation (ACT) command sections at the beginning of such subchapter ‘‘(C) The list of energy-efficient products of the North Atlantic Treaty Organization is amended by inserting after the item relat- shall be included as part of the energy per- (NATO). ing to section 2915 the following new item: formance master plan developed pursuant to ‘‘2915a. Facilities: Department of Defense en- section 2911(b)(2) of this title.’’. (b) CONFORMING AMENDMENT TO ENERGY SA 1167. Mr. WARNER submitted an ergy managers.’’. PERFORMANCE MASTER PLAN.—Section amendment intended to be proposed by (b) ISSUANCE OF GUIDANCE.—Not later than 180 days after the date of the enactment of 2911(b)(2) of such title is amended by adding him to the bill S. 1867, to authorize ap- this Act, the Secretary of Defense shall issue at the end the following new subparagraph: propriations for fiscal year 2012 for guidance for the implementation of the core ‘‘(F) The up-to date list of energy-efficient military activities of the Department curriculum and certification standards for products maintained under section 2915(e)(2) of Defense, for military construction, of this title.’’. energy managers required by section 2915a of and for defense activities of the De- title 10, United States Code, as added by sub- SA 1164. Mr. WARNER submitted an partment of Energy, to prescribe mili- section (a). tary personnel strengths for such fiscal (c) BRIEFING REQUIREMENT.—Not later than amendment intended to be proposed by 180 days after the date of the enactment of him to the bill S. 1867, to authorize ap- year, and for other purposes; which was this Act, the Secretary of Defense, or des- propriations for fiscal year 2012 for ordered to lie on the table; as follows: ignated representatives of the Secretary, military activities of the Department At the end of subtitle A of title IX, add the shall brief the Committees on Armed Serv- of Defense, for military construction, following: ices of the Senate and House of Representa- and for defense activities of the De- SEC. 907. REPORT ON EFFECTS OF PLANNED RE- tives regarding the details of the energy partment of Energy, to prescribe mili- DUCTIONS OF PERSONNEL AT THE manager core curriculum and certification JOINT WARFARE ANALYSIS CENTER requirements. tary personnel strengths for such fiscal ON PERSONNEL SKILLS. year, and for other purposes; which was Not later than 120 days after the date of SA 1162. Mr. WARNER submitted an ordered to lie on the table; as follows: the enactment of this Act, the Secretary of amendment intended to be proposed by At the end of subtitle H of title X, add the Defense shall submit to Congress a report him to the bill S. 1867, to authorize ap- following: setting forth a description and assessment of the effects of planned reductions of per- propriations for fiscal year 2012 for SEC. 1088. ACQUISITION AND PROCUREMENT EX- sonnel at the Joint Warfare Analysis Center military activities of the Department CHANGES BETWEEN THE UNITED STATES AND INDIA. (JWAC) on the personnel skills to be avail- of Defense, for military construction, The Secretary of Defense should seek to es- able at the Center after the reductions. and for defense activities of the De- tablish exchanges between acquisition and partment of Energy, to prescribe mili- procurement officials of the Department of SA 1168. Mr. WARNER submitted an tary personnel strengths for such fiscal Defense and defense officials of the Govern- amendment intended to be proposed by

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7755 him to the bill S. 1867, to authorize ap- tary family associations, teachers labor or- determines, pursuant to the National Envi- propriations for fiscal year 2012 for ganizations, and superintendents of domestic ronmental Policy Act of 1969 (42 U.S.C. 4321 military activities of the Department dependent elementary and secondary schools et seq.), that a significant transportation im- of Defense, for military construction, and public elementary and secondary pact will occur at a result of an action de- schools. scribed in subsection (a), the action may not and for defense activities of the De- (d) EXCLUSION.—The assessment required be taken unless and until the Secretary of partment of Energy, to prescribe mili- by subsection (a) is not required to address— Defense or the Secretary of the military de- tary personnel strengths for such fiscal (1) the transfer of the administration of do- partment concerned— year, and for other purposes; which was mestic dependent elementary and secondary ‘‘(1) analyzes the adequacy of transpor- ordered to lie on the table; as follows: schools in Puerto Rico to local educational tation infrastructure at and in the vicinity At the end of subtitle G of title V, add the agencies; or of each military installation that would be following: (2) the transfer of students attending those impacted by the action; schools to public elementary and secondary SEC. 574. INDEPENDENT ASSESSMENT OF OP- ‘‘(2) concludes consultation with the Fed- TIONS FOR IMPROVING EDUCATION schools in Puerto Rico. eral Highway Administration with regard to PROVIDED TO STUDENTS ATTEND- (e) REPORT.—Not later than 1 year after such impact; and ING DEPARTMENT OF DEFENSE DO- the date of the enactment of this Act, the ‘‘(3) includes in the notification required MESTIC DEPENDENT ELEMENTARY independent entity conducting the assess- by subsection (b)(1) a description of how the AND SECONDARY SCHOOLS. ment required by subsection (a) shall submit Secretary intends to remediate the signifi- (a) ASSESSMENT REQUIRED.—The Secretary to the Secretary of Defense and the congres- cant transportation impact.’’. of Defense shall award a contract, grant, or sional defense committees the results of the (c) TRANSPORTATION INFRASTRUCTURE DE- assessment. cooperative agreement to an independent en- FINED.—Subsection (e) of such section is (f) DEFINITIONS.—In this section: tity to conduct, in consultation with the or- amended by adding at the end the following (1) DOMESTIC DEPENDENT ELEMENTARY AND ganizations specified in subsection (c), an as- new paragraph: SECONDARY SCHOOLS.—The term ‘‘domestic sessment of the following options for improv- ‘‘(5) The term ‘transportation infrastruc- dependent elementary and secondary ing the quality of education provided to stu- ture’ includes transit, pedestrian, and bicy- schools’’ means elementary and secondary dents attending domestic dependent elemen- cle infrastructure.’’. schools administered pursuant to section tary and secondary schools: (d) RELATION TO COMMISSION BASE CLOSURE 2164 of title 10, United States Code. (1) Improving the quality of the edu- PROCESS.—If the development of rec- cational programs provided by, and remedi- (2) LOCAL EDUCATIONAL AGENCY.—The term ommendations for the closure and realign- ating the condition of the facilities of, do- ‘‘local educational agency’’ has the meaning ment of military installations utilizes a De- mestic dependent elementary and secondary given that term in section 8013(9) of the Ele- fense Base Closure and Realignment Com- schools. mentary and Secondary Education Act of mission (as was the case under the Defense (2) Transferring the administration of all 1965 (20 U.S.C. 7713(9)). Base Closure and Realignment Act of 1990 (g) FUNDING.—Of the amount authorized to of the domestic dependent elementary and (part A of title XXIX of Public Law 101–510; be appropriated for fiscal year 2012 by sec- secondary schools in some or all commu- 10 U.S.C. 2687 note), rather than the author- tion 301 and available for operation and nities in the United States from the Depart- ity of section 2687 of title 10, United States maintenance for Defense-wide activities for ment of Defense Education Activity to the Code, the amendments made by this section local educational agencies in those commu- the Department of Defense Education Activ- ity as specified in the funding table in sec- shall apply to the resulting development of nities. recommendations for the closure and re- (3) Closing all of the domestic dependent tion 4301, $1,000,000 shall be available to carry out this section. alignment of military installations by the elementary and secondary schools in some or Secretary of Defense and the Commission. all communities in the United States and Mr. WARNER submitted an SEC. 2706. DEFENSE ACCESS ROAD PROGRAM EN- transferring students attending those SA 1169. amendment intended to be proposed by HANCEMENTS TO ADDRESS TRANS- schools to public elementary and secondary PORTATION INFRASTRUCTURE IN schools in those communities. him to the bill S. 1867, to authorize ap- VICINITY OF MILITARY INSTALLA- (b) ELEMENTS.—The assessment required propriations for fiscal year 2012 for TIONS. by subsection (a) shall include an assessment military activities of the Department (a) AVAILABILITY OF DEFENSE ACCESS of the following: of Defense, for military construction, ROADS FUNDS FOR BRAC-RELATED TRANSPOR- (1) The cost to the Department of Defense and for defense activities of the De- TATION IMPROVEMENTS.— Education Activity, the Department of Edu- partment of Energy, to prescribe mili- (1) AVAILABILITY OF DEFENSE ACCESS ROADS cation, States, and local educational agen- tary personnel strengths for such fiscal FUNDS.—Section 210(a)(2) of title 23, United States Code, is amended by adding at the end cies of each of the options described in sub- year, and for other purposes; which was section (a). the following new sentence: ‘‘The Secretary (2) The condition of facilities of the domes- ordered to lie on the table; as follows: of Defense shall determine the magnitude of tic dependent elementary and secondary At the end of title XXVII, add the fol- the required improvements without regard schools and, if the condition of those facili- lowing: to the extent to which traffic generated by ties is inadequate, the cost of remediating SEC. 2705. SPECIAL CONSIDERATIONS RELATED the reservation is greater than other traffic those facilities. TO TRANSPORTATION INFRASTRUC- in the vicinity of the reservation.’’. TURE IN CONSIDERATION AND SE- (3) The capacity of local educational agen- (2) RETROACTIVE APPLICATION.—The amend- LECTION OF MILITARY INSTALLA- cies— TIONS FOR CLOSURE OR REALIGN- ment made by paragraph (1) shall apply with (A) to administer the domestic dependent MENT. respect to the implementation of the rec- elementary and secondary schools; and (a) MODIFICATION OF SELECTION CRITERIA.— ommendations of the Defense Base Closure (B) to absorb into public elementary and Subsection (b)(1) of section 2687 of title 10, and Realignment Commission contained in secondary schools the number of students at- United States Code, is amended— the report of the Commission received by tending domestic dependent elementary and (1) by striking ‘‘notification an evalua- Congress on September 19, 2005, under sec- secondary schools. tion’’ and inserting ‘‘notification— tion 2903(e) of the Defense Base Closure and (4) The quality of educational programs ad- ‘‘(A) an evaluation’’; and Realignment Act of 1990 (part A of title ministered by local educational agencies, as (2) by adding at the end the following new XXIX of Public Law 101–510; 10 U.S.C. 2687 measured by student achievement, gradua- subparagraph: note). tion rates, the leadership of those agencies, ‘‘(B) the criteria used to consider and rec- (b) ECONOMIC ADJUSTMENT COMMITTEE CON- the staffing of those programs, and the avail- ommend military installations for such clo- SIDERATION OF ADDITIONAL DEFENSE ACCESS ability of infrastructure for the use of tech- sure or realignment, which shall include at a ROADS FUNDING SOURCES.— nology in classrooms. minimum consideration of— (1) CONVENING OF COMMITTEE.—Not later (5) The availability in communities near ‘‘(i) the ability of the infrastructure (in- than 90 days after the date of the enactment domestic dependent elementary and sec- cluding transportation infrastructure) of of this Act, the Secretary of Defense, as the ondary schools of resources to support a both the existing and receiving communities chairperson of the Economic Adjustment highly mobile population that includes mem- to support forces, missions, and personnel as Committee established in Executive Order bers of the Armed Forces who may be de- a result of such closure or realignment; and 127887 (10 U.S.C. 2391 note), shall convene the ployed. ‘‘(ii) the costs associated with community Economic Adjustment Committee to con- (6) The available options for, and problems transportation infrastructure improvements sider additional sources of funding for the relating to, transporting students who reside as part of the evaluation of cost savings or defense access roads program under section on military installations to public elemen- return on investment of such closure or re- 210 of title 23, United States Code. tary and secondary schools. alignment; and’’. (2) REPORT.—Not later than one year after (7) The impact of the drawdown of oper- (b) EFFECT OF SIGNIFICANT IMPACTS.—Such the date of the enactment of this Act, the ations in Iraq and Afghanistan on the popu- section is further amended by adding at the Secretary of Defense shall submit to Con- lation of students to be served. end the following new subsection: gress a report describing the results of the (c) ORGANIZATIONS SPECIFIED.—The organi- ‘‘(f) If the Secretary of Defense or the Sec- Economic Adjustment Committee delibera- zations specified in this subsection are mili- retary of the military department concerned tions and containing an implementation plan

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7756 CONGRESSIONAL RECORD — SENATE November 17, 2011 to expand funding sources for the mitigation ‘‘(B) A command that includes all medical nent grade. The director of such agency shall of significant transportation impacts to ac- training, education, and research and devel- be appointed to that grade by the President, cess to military reservations pursuant to opment activities that have previously been by and with the advice and consent of the subsection (b) of section 210 of title 23, unified or combined, including organizations Senate, for service in that position. The di- United States Code, as amended by sub- that have been designated as a Department rector of such agency shall be a member of a section (a). of Defense executive agent. health profession described in paragraph (1), (c) SEPARATE BUDGET REQUEST FOR PRO- ‘‘(C) the Defense Health Agency estab- (2), (3), (4), (5), or (6) of section 335(j) of title GRAM.—Amounts requested for a fiscal year lished under subsection (f). 37. for the defense access roads program under ‘‘(2) The commander of a subordinate com- ‘‘(g) REGULATIONS.—In establishing the section 210 of title 23, United States Code, mand of the unified medical command shall unified medical command under subsection shall be set forth as a separate budget re- hold the grade of lieutenant general or, in (a), the Secretary of Defense shall prescribe quest in the budget transmitted by the the case of an officer of the Navy, vice admi- regulations for the activities of the unified President to Congress for that fiscal year ral while serving in that position, without medical command.’’. under section 1105 of title 31, United States vacating the officer’s permanent grade. The (2) CLERICAL AMENDMENT.—The table of Code. commander of such a subordinate command sections at the beginning of such chapter is shall be appointed to that grade by the amended by inserting after the item relating SA 1170. Mr. WARNER submitted an President, by and with the advice and con- to section 167a the following new item: amendment intended to be proposed by sent of the Senate, for service in that posi- ‘‘167b. Unified combatant command for med- him to the bill S. 1867, to authorize ap- tion. The commander of such a subordinate ical operations.’’. propriations for fiscal year 2012 for command shall also be required to be a sur- (b) PLAN, NOTIFICATION, AND REPORT.— military activities of the Department geon general of one of the military depart- (1) PLAN.—Not later than July 1, 2012, the Secretary of Defense shall submit to the con- of Defense, for military construction, ments. ‘‘(e) AUTHORITY OF COMBATANT COM- gressional defense committees a comprehen- and for defense activities of the De- MANDER.—(1) In addition to the authority sive plan to establish the unified medical partment of Energy, to prescribe mili- prescribed in section 164(c) of this title, the command authorized under section 167b of tary personnel strengths for such fiscal commander of the unified medical command title 10, United States Code, as added by sub- year, and for other purposes; which was shall be responsible for, and shall have the section (a), including any legislative actions ordered to lie on the table; as follows: authority to conduct, all affairs of such com- the Secretary considers necessary to imple- ment the plan. At the end of subtitle C of title VII, add mand relating to medical operations activi- (2) NOTIFICATION.—The Secretary shall sub- the following: ties. ‘‘(2) The commander of such command mit to the congressional defense committees SEC. 723. UNIFIED MEDICAL COMMAND. shall be responsible for, and shall have the written notification of the decision of the (a) UNIFIED COMBATANT COMMAND.— authority to conduct, the following func- Secretary to establish the unified medical (1) IN GENERAL.—Chapter 6 of title 10, tions relating to medical operations activi- command under such section 167b by not United States Code, is amended by inserting later than the date that is 30 days before es- after section 167a the following new section: ties (whether or not relating to the unified medical command): tablishing such command. ‘‘§ 167b. Unified combatant command for med- ‘‘(A) Developing programs and doctrine. (3) REPORT.—Not later than 180 days after ical operations ‘‘(B) Preparing and submitting to the Sec- submitting the notification under paragraph ‘‘(a) ESTABLISHMENT.—With the advice and retary of Defense program recommendations (2), the Secretary shall submit to the con- assistance of the Chairman of the Joint and budget proposals for the forces described gressional defense committees a report on— Chiefs of Staff, the President, through the in subsection (b) and for other forces as- (A) the establishment of the unified med- ical command; and Secretary of Defense, shall establish under signed to the unified medical command. (B) the establishment of the Defense section 161 of this title a unified command ‘‘(C) Exercising authority, direction, and Health Agency under subsection (f) of such for medical operations (in this section re- control over the expenditure of funds— section 167b. ferred to as the ‘unified medical command’). ‘‘(i) for forces assigned to the unified med- The principal function of the command is to ical command; SA 1171. Mr. CORKER submitted an provide medical services to the armed forces ‘‘(ii) for the forces described in subsection amendment intended to be proposed by and other health care beneficiaries of the De- (b) assigned to unified combatant commands partment of Defense as defined in chapter 55 other than the unified medical command to him to the bill S. 1867, to authorize ap- of this title. the extent directed by the Secretary of De- propriations for fiscal year 2012 for ‘‘(b) ASSIGNMENT OF FORCES.—In estab- fense; and military activities of the Department lishing the unified medical command under ‘‘(iii) for military construction funds of the of Defense, for military construction, subsection (a), all active military medical Defense Health Program. and for defense activities of the De- treatment facilities, training organizations, ‘‘(D) Training assigned forces. partment of Energy, to prescribe mili- and research entities of the armed forces ‘‘(E) Conducting specialized courses of in- tary personnel strengths for such fiscal shall be assigned to such unified command, struction for commissioned and noncommis- year, and for other purposes; which was unless otherwise directed by the Secretary of sioned officers. Defense. ‘‘(F) Validating requirements. ordered to lie on the table; as follows: ‘‘(e) GRADE OF COMMANDER.—The com- ‘‘(G) Establishing priorities for require- At the end of subtitle B of title XII, add mander of the unified medical command ments. the following: shall hold the grade of general or, in the case ‘‘(H) Ensuring the interoperability of SEC. 1230. PROHIBITION ON ASSISTANCE FOR of an officer of the Navy, admiral while serv- equipment and forces. PAKISTAN SECURITY FORCES WITH ing in that position, without vacating the of- ‘‘(I) Monitoring the promotions, assign- CONNECTIONS TO TERRORIST OR- ficer’s permanent grade. The commander of ments, retention, training, and professional GANIZATIONS such command shall be appointed to that military education of medical officers de- None of the amounts authorized to be ap- grade by the President, by and with the ad- scribed in paragraph (1), (2), (3), (4), (5), or (6) propriated by this or any other Act may be vice and consent of the Senate, for service in of section 335(j) of title 37. made available to any unit of the security that position. The commander of such com- ‘‘(3) The commander of such command forces of Pakistan if the Secretary of De- mand shall be a member of a health profes- shall be responsible for the Defense Health fense determines that the United States Gov- sion described in paragraph (1), (2), (3), (4), Program, including the Defense Health Pro- ernment has credible evidence that the unit (5), or (6) of section 335(j) of title 37. During gram Account established under section 1100 maintains connections with an organization the five-year period beginning on the date on of this title. known to conduct terrorist activities against which the Secretary establishes the com- ‘‘(f) DEFENSE HEALTH AGENCY.—(1) In es- the United States or United States allies. tablishing the unified medical command mand under subsection (a), the commander SA 1172. Mr. CORKER submitted an of such command shall be exempt from the under subsection (a), the Secretary shall also requirements of section 164(a)(1) of this title. establish under section 191 of this title a de- amendment intended to be proposed by ‘‘(d) SUBORDINATE COMMANDS.—(1) The uni- fense agency for health care (in this section him to the bill S. 1867, to authorize ap- fied medical command shall have the fol- referred to as the ‘Defense Health Agency’), propriations for fiscal year 2012 for lowing subordinate commands: and shall transfer to such agency the organi- military activities of the Department ‘‘(A) A command that includes all fixed zation of the Department of Defense referred of Defense, for military construction, military medical treatment facilities, in- to as the TRICARE Management Activity and for defense activities of the De- cluding elements of the Department of De- and all functions of the TRICARE program partment of Energy, to prescribe mili- fense that are combined, operated jointly, or (as defined in section 1072(7) of this title). otherwise operated in such a manner that a ‘‘(2) The director of the Defense Health tary personnel strengths for such fiscal medical facility of the Department of De- Agency shall hold the rank of lieutenant year, and for other purposes; which was fense is operating in or with a medical facil- general or, in the case of an officer of the ordered to lie on the table; as follows: ity of another department or agency of the Navy, vice admiral while serving in that po- At the end of subtitle B of title XII, add United States. sition, without vacating the officer’s perma- the following:

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7757 SEC. 1230. REPORT ON ENDING COALITION SUP- created. . . And at a time when we’re facing PAUL, and Mr. BROWN of Ohio) proposed PORT FUND REIMBURSEMENTS TO stringencies of our own, that’s a concern for an amendment to the bill S. 1867, to au- THE GOVERNMENT OF PAKISTAN me’’. thorize appropriations for fiscal year FOR OPERATIONS CONDUCTED IN (4) Secretary of State Hillary Clinton, in SUPPORT OF OPERATION ENDURING 2012 for military activities of the De- an interview with the BBC on October 15, FREEDOM. partment of Defense, for military con- (a) IN GENERAL.—Not later than 120 days 2010, stated that ‘‘NATO has been the most successful alliance for defensive purposes in struction, and for defense activities of after the date of the enactment of this Act, the Department of Energy, to prescribe the Secretary of Defense, in consultation the history of the world, I guess, but it has with the Secretary of State and the Special to be maintained. Now each country has to military personnel strengths for such Representative for Afghanistan and Paki- be able to make its appropriate contribu- fiscal year, and for other purposes; as stan, shall submit a report to the congres- tions’’. follows: sional defense committees and the Com- (5) On March 30, 2011, Admiral James G. At the end of subtitle B of title XII, add mittee on Foreign Relations of the Senate Stavridis stated in a hearing before the Com- the following: mittee on Armed Services of the House of and the Committee on Foreign Affairs of the SEC. 1230. SENSE OF CONGRESS ON TRANSITION Representatives that ‘‘[w]e need to be em- House of Representatives a report outlining OF MILITARY AND SECURITY OPER- phatic with our European allies that they a plan to end reimbursements from the Coa- ATIONS IN AFGHANISTAN. should spend at least the minimum NATO 2 lition Support Fund to the Government of (a) FINDINGS.—Congress makes the fol- percent’’. Pakistan for operations conducted in support lowing findings: (6) In a speech delivered in Brussels on of Operation Enduring Freedom. (1) After al Qaeda attacked the United June 10, 2011, Secretary of Defense Gates fur- (b) ELEMENTS.—The report required under States on September 11, 2001, the United subsection (a) shall include the following ele- ther stated that ‘‘[i]n the past, I’ve worried States Government rightly sought to bring ments: openly about NATO turning into a two- to justice those who attacked us, to elimi- tiered alliance: Between members who spe- (1) A characterization of the types of reim- nate al Qaeda’s safe havens and training cialize in ‘soft’ humanitarian, development, bursements requested by the Government of camps in Afghanistan, and to remove the peacekeeping, and talking tasks, and those Pakistan. terrorist-allied Taliban government. conducting the ‘hard’ combat missions. Be- (2) An assessment of the total amount re- (2) Members of the Armed Forces, intel- tween those willing and able to pay the price imbursed to the Government of Pakistan, by ligence personnel, and diplomatic corps have and bear the burdens of alliance commit- fiscal year, since the beginning of Operation skillfully achieved these objectives, culmi- ments, and those who enjoy the benefits of Enduring Freedom. nating in the death of Osama bin Laden. NATO membership – be they security guar- (3) The percentage and types of reimburse- (3) Operation Enduring Freedom is now the antees or headquarters billets – but don’t ment requests made by the Government of longest military operation in United States want to share the risks and the costs. This is history. Pakistan for which the United States Gov- no longer a hypothetical worry. We are there (4) United States national security experts, ernment has denied payment. today. And it is unacceptable’’. including Secretary of Defense Leon E. Pa- (4) An assessment of whether the oper- (7) In that same speech on June 10, 2011, netta, have noted that al Qaeda’s presence in ations conducted by the Government of Secretary of Defense Gates added that ‘‘I am Afghanistan has been greatly diminished. Pakistan in support of Operation Enduring the latest in a string of U.S. defense secre- (5) Over the past ten years, the mission of Freedom and reimbursed from the Coalition taries who have urged allies privately and the United States has evolved to include a Support Fund have materially impacted the publicly, often with exasperation, to meet prolonged nation-building effort in Afghani- ability of terrorist organizations to threaten agreed-upon NATO benchmarks for defense stan, including the creation of a strong cen- the stability of Afghanistan and Pakistan spending. However, fiscal, political and de- tral government, a national police force and and to impede the operations of the United mographic realities make this unlikely to army, and effective civic institutions. States in Afghanistan. happen anytime soon, as even military stal- (6) Such nation-building efforts in Afghani- (5) Recommendations for, and a timeline to warts like the U.K have been forced to ratch- stan are undermined by corruption, high il- implement, a plan to end reimbursements et back with major cuts to force structure. literacy, and a historic aversion to a strong from the Coalition Support Fund to the Gov- Today, just five of 28 allies – the U.S., U.K., central government in that country. ernment of Pakistan. France, Greece, along with Albania – exceed (7) Members of the Armed Forces have (c) FORM.—The report required under sub- the agreed 2% of GDP spending on defense’’. served in Afghanistan valiantly and with section (a) shall be submitted in unclassified (8) Secretary of Defense Gates also stated honor, and many have sacrificed their lives form, but may contain a classified annex. that ‘‘[t]he blunt reality is that there will be and health in service to their country. dwindling appetite and patience in the U.S. SA 1173. Mr. CORKER submitted an (8) The United States is now spending near- Congress – and in the American body politic ly $10,000,000,000 per month in Afghanistan at amendment intended to be proposed by writ large – to expend increasingly precious a time when, in the United States, there is him to the bill S. 1867, to authorize ap- funds on behalf of nations that are appar- high unemployment, a flood of foreclosures, propriations for fiscal year 2012 for ently unwilling to devote the necessary re- a record deficit, and a debt that is over military activities of the Department sources or make the necessary changes to be $15,000,000,000,000 and growing. of Defense, for military construction, serious and capable partners in their own de- (9) The continued concentration of United and for defense activities of the De- fense. Nations apparently willing and eager States and NATO military forces in one re- partment of Energy, to prescribe mili- for American taxpayers to assume the grow- gion, when terrorist forces are located in many parts of the world, is not an efficient tary personnel strengths for such fiscal ing security burden left by reductions in Eu- ropean defense budgets’’. use of resources. year, and for other purposes; which was (b) SENSE OF SENATE.—It is the sense of the (10) The battle against terrorism is best ordered to lie on the table; as follows: Senate— served by using United States troops and re- At the end of subtitle C of title XII, add (1) to commend the North Atlantic Treaty sources in a counterterrorism strategy the following: Organization for historically providing an against terrorist forces wherever they may SEC. 1243. SENSE OF SENATE ON THE NORTH AT- extension to the United States security ca- locate and train. LANTIC TREATY ORGANIZATION. pabilities; and (11) The United States Government will (a) FINDINGS.—The Senate makes the fol- (2) to call upon the President— continue to support the development of Af- lowing findings: (A) to engage each of the member states of ghanistan with a strong diplomatic and (1) The North Atlantic Treaty Organiza- the North Atlantic Treaty Organization in a counterterrorism presence in the region. tion (NATO) historically set a target com- dialogue about the long-term health of the (12) President Barack Obama is to be com- mitment for member states to spend two per- North Atlantic Alliance and strongly encour- mended for announcing in July 2011 that the cent of their gross domestic product on their age each of the member states to make a se- United States would commence the redeploy- defense expenditures. rious effort to protect defense budgets from ment of members of the United States (2) In 2010, the North Atlantic Treaty Orga- further reductions, better allocate and co- Armed Forces from Afghanistan in 2011 and nization identified only 5 member states ordinate the resources presently available, transition security control to the Govern- meeting this target for defense expenditures, and recommit to spending at least two per- ment of Afghanistan. including the United States, Albania, cent of gross domestic product on defense; (13) President Obama has established a France, Greece, and the United Kingdom, and goal of removing all United States combat leaving 23 member states short of meeting (B) to examine and report to Congress on troops from Afghanistan by December 2014. the target. recommendations that will lead to a strong- (b) SENSE OF CONGRESS.—It is the sense of (3) Secretary of Defense Robert Gates made er North Atlantic Alliance in terms of mili- Congress that— the following statement on the North Atlan- tary capability and readiness across the 28 (1) the President should expedite the tran- tic Treaty Organization on October 14, 2010, member states, with particular focus on the sition of the responsibility for military and in a conversation with reporters: ‘‘[m]y smaller member states. security operations in Afghanistan to the worry is that the more our allies cut their Government of Afghanistan; capabilities, the more people will look to the SA 1174. Mr. MERKLEY (for himself, (2) the President should devise a plan based United States to cover whatever gaps are Mr. LEE, Mr. UDALL of New Mexico, Mr. on inputs from military commanders, the

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7758 CONGRESSIONAL RECORD — SENATE November 17, 2011 diplomatic missions in the region, and ap- Recovery Act of 2008 (Public Law 110–289) is ‘‘(C) may provide that performance under propriate members of the Cabinet, along amended to read as follows: the contract during the second and subse- with the consultation of Congress, for expe- ‘‘(c) EFFECTIVE DATE.—The amendment quent years of the contract is contingent diting the drawdown of United States com- made by subsection (a) shall take effect on upon the appropriation of funds and (if it bat troops in Afghanistan and accelerating the date of the enactment of this Act.’’. does so provide) may provide for a cancella- the transfer of security authority to Afghan (b) EXPANSION OF PROTECTIONS TO INCLUDE tion payment to be made to the contractor if authorities prior to December 2014; and WIDOWS AND WIDOWERS.—Section 303(b) of such appropriations are not made. (3) not later than 90 days after the date of the Servicemembers Civil Relief Act (50 ‘‘(2) ADVANCED BIOFUEL.—The term ‘ad- the enactment of this Act, the President U.S.C. App. 533) is amended— vanced biofuel’ has the meaning given such should submit to Congress a plan with a (1) by inserting ‘‘, or widow or widower of term in section 211(o)(1)(B) of the Clean Air timetable and completion date for the accel- a servicemember who dies during such serv- Act (42 U.S.C. 7545(o)(1)(B)).’’. erated transition of all military and security ice,’’ after ‘‘by a servicemember’’; and (b) DEFENSE CONTRACTS.—Subsection (k) of operations in Afghanistan to the Govern- (2) by inserting ‘‘, widow’s, or widower’s’’ section 2306b of title 10, United States Code, ment of Afghanistan. after ‘‘when the servicemember’s’’. is amended to read as follows: ‘‘(k) DEFINITIONS.—For the purposes of this SA 1175. Mr. KERRY submitted an SA 1177. Mrs. MURRAY submitted an section: amendment intended to be proposed by amendment intended to be proposed by ‘‘(1)(A) Except as provided in subparagraph him to the bill S. 1867, to authorize ap- her to the bill S. 1867, to authorize ap- (B), the term ‘multiyear contract’ means a propriations for fiscal year 2012 for propriations for fiscal year 2012 for contract for the purchase of property or military activities of the Department military activities of the Department services for more than one, but not more of Defense, for military construction, of Defense, for military construction, than five, program years. and for defense activities of the De- and for defense activities of the De- ‘‘(B) In the case of a contract for the pur- partment of Energy, to prescribe mili- chase of advanced biofuel, the term partment of Energy, to prescribe mili- ‘multiyear contract’ means a contract for tary personnel strengths for such fiscal tary personnel strengths for such fiscal the purchase of such fuel for a period of up year, and for other purposes; which was year, and for other purposes; which was to 15 program years. ordered to lie on the table; as follows: ordered to lie on the table; as follows: ‘‘(C) Such a contract may provide that per- At the end of subtitle B of title VII, add At the end of title VII, add the following: formance under the contract during the sec- the following: ond and subsequent years of the contract is Subtitle D—Other Matters SEC. 714. WARFIGHTER TRANSLATIONAL RE- contingent upon the appropriation of funds SEARCH CENTER. SEC. 731. PROVISION OF REHABILITATIVE EQUIP- and (if it does so provide) may provide for a (a) ESTABLISHMENT.—The Secretary of De- MENT UNDER WOUNDED WARRIOR cancellation payment to be made to the con- ACT. fense shall establish in the Defense Health tractor if such appropriations are not made. Section 1631 of the Wounded Warrior Act Program a Warfighter Translational Re- ‘‘(2) The term ‘advanced biofuel’ has the (title XVI of Public Law 110–181; 10 U.S.C. search Center (in this section referred to as meaning given such term in section 1071 note) is amended by adding at the end the ‘‘Center’’) to support the development of 211(o)(1)(B) of the Clean Air Act (42 U.S.C. the following: diagnostics and therapeutics to address gaps 7545(o)(1)(B)).’’. in the treatment of injured members of the ‘‘(c) REHABILITATIVE EQUIPMENT FOR MEM- BERS OF THE ARMED FORCES.— (c) EFFECTIVE DATE.—The amendments Armed Forces. made by this section shall apply to contracts (b) PRIMARY FUNCTIONS.—The primary ‘‘(1) IN GENERAL.—Subject to the avail- ability of appropriations for such purpose, entered into on or after the date occurring functions of the Center include the fol- 180 days after the date of the enactment of lowing: the Secretary of Defense may provide an ac- this Act. (1) Developing a tool that can be used be- tive duty member of the Armed Forces with fore and after a deployment to assess the a severe injury or illness with rehabilitative mental health of a member of the Armed equipment, including recreational sports SA 1179. Mr. GRAHAM submitted an Forces. equipment that provide an adaption or ac- amendment intended to be proposed by (2) Using the tool developed under para- commodation for the member, regardless of him to the bill S. 1867, to authorize ap- graph (1) to establish a baseline mental whether such equipment is intentionally de- propriations for fiscal year 2012 for health assessment of each member of the signed to be adaptive equipment. military activities of the Department Armed Forces before such member is de- ‘‘(2) CONSULTATION.—In carrying out this of Defense, for military construction, ployed and carrying out a mental health subsection, the Secretary of Defense shall consult with the Secretary of Veterans Af- and for defense activities of the De- screening of each such member after deploy- partment of Energy, to prescribe mili- ment— fairs regarding similar programs carried out (A) to decrease the incidence of by the Secretary of Veterans Affairs.’’. tary personnel strengths for such fiscal undiagnosed post traumatic stress disorder year, and for other purposes; which was and traumatic brain injury; and SA 1178. Mrs. MURRAY (for herself ordered to lie on the table; as follows: (B) to determine whether there are certain and Ms. CANTWELL) submitted an At the end of subtitle A of title V, add the factors that make a person more or less like- amendment intended to be proposed by following: ly to experience post traumatic stress. her to the bill S. 1867, to authorize ap- SEC. 505. NUMBER OF JUDGE ADVOCATES OF (c) PUBLIC-PRIVATE PARTNERSHIPS.—In car- propriations for fiscal year 2012 for THE AIR FORCE IN THE REGULAR rying out the functions of the Center, the military activities of the Department GRADE OF BRIGADIER GENERAL. Center shall establish partnerships between Section 8037 of title 10, United States Code, public and private entities. of Defense, for military construction, (d) COMPETITIVE CONTRACTS.—All contracts and for defense activities of the De- is amended— awarded by the Center shall be awarded on a partment of Energy, to prescribe mili- (1) by redesignating subsection (f) as sub- competitive basis. tary personnel strengths for such fiscal section (g); and (2) by inserting after subsection (e) the fol- year, and for other purposes; which was SA 1176. Mr. KERRY submitted an lowing new subsection (f): ordered to lie on the table; as follows: amendment intended to be proposed by ‘‘(f) Four officers of the Air Force des- him to the bill S. 1867, to authorize ap- At the end of subtitle B of title VIII, add ignated as judge advocates shall hold the the following: propriations for fiscal year 2012 for regular grade of brigadier general.’’. military activities of the Department SEC. 827. MULTIYEAR CONTRACTS FOR AD- VANCED BIOFUEL. SA 1180. Ms. COLLINS (for herself of Defense, for military construction, (a) CIVILIAN AGENCY CONTRACTS.—Sub- and for defense activities of the De- and Mrs. SHAHEEN) submitted an section (a) of section 3903 of title 41, United amendment intended to be proposed by partment of Energy, to prescribe mili- States Code, is amended to read as follows: tary personnel strengths for such fiscal ‘‘(a) DEFINITIONS.—For the purposes of this her to the bill S. 1867, to authorize ap- year, and for other purposes; which was section: propriations for fiscal year 2012 for ordered to lie on the table; as follows: ‘‘(1) MULTIYEAR CONTRACT.—The term military activities of the Department ‘multiyear contract’— At the end of subtitle E of title X, add the of Defense, for military construction, ‘‘(A) means a contract for the purchase of following: and for defense activities of the De- property or services for more than one, but SEC. lll. ENHANCED PROTECTIONS FOR partment of Energy, to prescribe mili- not more than five, program years, except as SERVICEMEMBERS RELATING TO tary personnel strengths for such fiscal provided in subparagraph (B); MORTGAGES AND MORTGAGE FORE- year, and for other purposes; as fol- CLOSURE UNDER SERVICEMEMBERS ‘‘(B) in the case of a contract for the pur- CIVIL RELIEF ACT. chase of advanced biofuel, means a contract lows: (a) REPEAL OF SUNSET.—Subsection (c) of for the purchase of such fuel for a period of At the end of subtitle C of title XII, add section 2203 of the Housing and Economic up to 15 program years; and the following:

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7759 SEC. 1243. MAN-PORTABLE AIR-DEFENSE SYS- able air-defense systems that were in the missile systems to protect United States TEMS ORIGINATING FROM LIBYA. custody of the Government of Libya as of passenger jets. (a) STATEMENT OF POLICY.—Pursuant to March 19, 2011. (iv) Recommendations for the most effec- section 11 of the Department of State Au- (H) An assessment of the threat posed to tive policy measures that can be taken to re- thorities Act of 2006 (22 U.S.C. 2349bb–6), the United States citizens and citizens of allies duce and mitigate the threat posed to United following is the policy of the United States: of the United States, including Israel, trav- States citizens and citizens of allies of the (1) To reduce and mitigate, to the greatest eling by aircraft from unsecured man-port- United States, including Israel, traveling by extent feasible, the threat posed to United able air-defense systems (as defined in sec- aircraft from man-portable air-defense sys- States citizens and citizens of allies of the tion 11 of the Department of State Authori- tems that were in Libya as of March 19, 2011. United States, including Israel, traveling by ties Act of 2006) originating from Libya. (v) Such recommendations for legislative aircraft by man-portable air-defense systems (I) An assessment of the effectiveness of ef- or administrative action as the President (MANPADS) that were in Libya as of March forts undertaken by the United States, considers appropriate to implement the 19, 2011. Libya, Mauritania, Egypt, Algeria, Tunisia, strategy required by paragraph (1). (2) To seek the cooperation of, and to as- Mali, Morocco, Niger, Chad, the United Na- (C) FORM.—The report required by this sist, the Government of Libya and govern- tions, the North Atlantic Treaty Organiza- paragraph shall be submitted in unclassified ments of neighboring countries and other tion, and any other country or entity (as de- form, but may include a classified annex. countries (as determined by the President) termined by the Director) to reduce the to secure, remove, or eliminate stocks of threat posed to United States citizens and man-portable air-defense systems described citizens of allies of the United States, in- SA 1181. Mrs. MURRAY submitted an in paragraph (1) that pose a threat to United cluding Israel, traveling by aircraft from amendment intended to be proposed by States citizens and citizens of allies of the man-portable air-defense systems that were United States, including Israel, traveling by her to the bill S. 1867, to authorize ap- in Libya as of March 19, 2011. aircraft. propriations for fiscal year 2012 for (J) An assessment of the effect of the pro- (3) To pursue, as a matter of priority, an liferation of man-portable air-defense sys- military activities of the Department agreement with the Government of Libya tems that were in Libya as of March 19, 2011, of Defense, for military construction, and governments of neighboring countries and for defense activities of the De- and other countries (as determined by the on the price and availability of man-portable Secretary of State) to formalize cooperation air-defense systems that are on the global partment of Energy, to prescribe mili- with the United States to limit the avail- arms market. tary personnel strengths for such fiscal ability, transfer, and proliferation of man- (3) NOTICE REGARDING DELAY IN SUB- year, and for other purposes; which was MITTAL.—If, before the end of the 45-day pe- portable air-defense systems described in ordered to lie on the table; as follows: paragraph (1). riod specified in paragraph (1), the Director (b) INTELLIGENCE COMMUNITY ASSESSMENT determines that the assessment required by At the end of subtitle H of title V, add the ON MANPADS IN LIBYA.— that paragraph cannot be submitted by the following: (1) IN GENERAL.—The Director of National end of that period as required by that para- Intelligence shall submit to Congress an as- graph, the Director shall (before the end of SEC. 577. MATTERS COVERED BY PRESEPARATION COUNSELING FOR sessment by the intelligence community that period) submit to Congress a report set- ting forth— MEMBERS OF THE ARMED FORCES that accounts for the disposition of, and the AND THEIR SPOUSES. threat to United States citizens and citizens (A) the reasons why the assessment cannot of allies of the United States, including be submitted by the end of that period; and Section 1142(b) of title 10, United States Israel, traveling by aircraft, posed by man- (B) an estimated date for the submittal of Code, is amended— portable air-defense systems that were in the assessment. (1) in paragraph (5), by striking ‘‘job place- Libya as of March 19, 2011. The assessment (4) FORM.—The assessment under this sub- ment counseling for the spouse’’ and insert- shall be submitted as soon as practicable, section shall be submitted in unclassified ing ‘‘inclusion of the spouse when counseling but not later than the end of the 45-day pe- form, but may include a classified annex. regarding the matters covered by paragraphs riod beginning on the date of the enactment (c) COMPREHENSIVE STRATEGY ON THREAT (9), (10), and (16) is provided, job placement of this Act. OF MANPADS ORIGINATING FROM LIBYA.— counseling for the spouse, and the provision (2) ELEMENTS.—The assessment submitted (1) STRATEGY REQUIRED.—The President of information on survivor benefits available under this subsection shall include the fol- shall develop and implement, and from time under the laws administered by the Sec- lowing: to time update, a comprehensive strategy, retary of Defense or the Secretary of Vet- (A) An estimate of the number of man- pursuant to section 11 of the Department of erans Affairs’’; portable air-defense systems that were in State Authorities Act of 2006, to reduce and (2) in paragraph (9), by inserting before the Libya as of March 19, 2011. mitigate the threat posed to United States period the following: ‘‘, including informa- (B) An estimate of the number of man- citizens and citizens of allies of the United tion on budgeting, saving, credit, loans, and portable air-defense systems in Libya as of States, including Israel, traveling by aircraft taxes’’; March 19, 2011, that are currently in the se- from man-portable air-defense systems that (3) in paragraph (10), by striking ‘‘and em- cure custody of the Government of Libya, were in Libya as of March 19, 2011. ployment’’ and inserting ‘‘, employment, and the United States, an ally of the United (2) REPORT REQUIRED.— financial’’; States, a member of the North Atlantic (A) IN GENERAL.—Not later than 45 days (4) by striking paragraph (16) and inserting Treaty Organization (NATO), or the United after the assessment required by subsection the following new paragraph: Nations. (b) is submitted to Congress, the President ‘‘(16) Information on home loan services (C) An estimate of the number of man- shall submit to Congress a report setting and housing assistance benefits available portable air-defense systems in Libya as of forth the strategy required by paragraph (1). under the laws administered by the Sec- March 19, 2011, that were destroyed, disabled, (B) ELEMENTS.—The report required by this retary of Veterans Affairs and counseling on or otherwise rendered unusable during Oper- paragraph shall include the following: responsible borrowing practices.’’; and ation Unified Protector. (i) A timeline for future efforts by the (5) in paragraph (17), by inserting before (D) An estimate of the number of man- United States, Libya, and neighboring coun- the period the following: ‘‘, and information portable air-defense systems in Libya as of tries to— regarding the means by which the member March 19, 2011, that were destroyed, dis- (I) secure, remove, or disable any man- can receive additional counseling regarding armed, or otherwise rendered unusable fol- portable air-defense systems that remain in the member’s actual entitlement to such lowing Operation Unified Protector. Libya; benefits and apply for such benefits’’. (E) An assessment of the number of man- (II) counter proliferation of man-portable portable air-defense systems that is the dif- air-defense systems originating from Libya ference between the number of man-portable that are in the region; and SA 1182. Mr. SESSIONS submitted an air-defense systems in Libya as of March 19, (III) disrupt the ability of terrorists, non- amendment intended to be proposed by 2011, and the cumulative number of man- state actors, and state sponsors of terrorism him to the bill S. 1867, to authorize ap- portable air-defense systems accounted for to acquire such man-portable air-defense propriations for fiscal year 2012 for under subparagraphs (B) through (D), and the systems. military activities of the Department current disposition and locations of such (ii) A description of any additional funding of Defense, for military construction, man-portable air-defense systems. required to address the threat of man-port- (F) An assessment of the number of man- able air-defense systems originating from and for defense activities of the De- portable air-defense systems that are cur- Libya. partment of Energy, to prescribe mili- rently in the custody of militias in Libya. (iii) A summary of United States Govern- tary personnel strengths for such fiscal (G) A list of any organizations designated ment efforts, and technologies current avail- year, and for other purposes; which was as terrorist organizations by the Department able, to reduce the susceptibility and vulner- ordered to lie on the table; as follows: of State, or affiliate organizations or mem- ability of civilian aircraft to man-portable bers of such organizations, that are known or air-defense systems, including an assessment At the end of subtitle E of title X, add the believed to have custody of any man-port- of the feasibility of using aircraft-based anti- following:

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7760 CONGRESSIONAL RECORD — SENATE November 17, 2011 SEC. 1049. PROHIBITION ON PERMANENT STA- him to the bill S. 1867, to authorize ap- ‘‘(vi) an action under subchapter III of TIONING OF MORE THAN TWO ARMY propriations for fiscal year 2012 for chapter 37 of title 31, United States Code BRIGADE COMBAT TEAMS WITHIN military activities of the Department (commonly known as the ‘False Claims UNITED STATES EUROPEAN COM- Act’), and an offense under chapter 15 of title MAND. of Defense, for military construction, 18, United States Code; (a) IN GENERAL.—Effective as of January 1, and for defense activities of the De- ‘‘(vii) an offense under section 1029, 1030, or 2016, the number of Army Brigade Combat partment of Energy, to prescribe mili- 1031 of title 18, United States Code; and Teams that may be permanently stationed tary personnel strengths for such fiscal ‘‘(viii) an offense under chapter 63 of title within the geographic boundaries of the 18, United States Code; and United States European Command (EUCOM) year, and for other purposes; which was ‘‘(D) the term ‘supplemental fraud fighting may not exceed two brigade combat teams. ordered to lie on the table; as follows: account’ means the supplemental fraud (b) MILITARY CONSTRUCTION.—No military At the end of subtitle C of title II, add the fighting account established in the Depart- construction project may be commenced or following: undertaken for or in connection with or sup- ment of Justice Working Capital Fund under SEC. 234. REPORT ON MISSILE DEFENSE SITE ON paragraph (3)(A). port of the permanent stationing of more THE EAST COAST OF THE UNITED ‘‘(2) DEBT COLLECTION MANAGEMENT AC- than two Army Brigade Combat Teams with- STATES. COUNT.—Notwithstanding’’; in the geographic boundaries of the United (a) FINDING.—Congress finds that the (2) by striking ‘‘Such amounts’’ and insert- States European Command. Obama Administration plans to limit or can- ing ‘‘Subject to paragraph (4), such cel the deployment of the European Phased amounts’’; and SA 1183. Mr. SESSIONS submitted an Adaptive Approach (EPAA) to missile de- (3) by adding at the end the following: amendment intended to be proposed by fense. ‘‘(3) SUPPLEMENTAL FRAUD FIGHTING AC- (b) REPORT.—In light of the finding in sub- him to the bill S. 1867, to authorize ap- COUNT.— section (a), the Secretary of Defense shall propriations for fiscal year 2012 for ‘‘(A) ESTABLISHMENT.—There is established submit to the congressional defense commit- military activities of the Department as a separate account in the Department of tees a report setting forth an assessment of of Defense, for military construction, Justice Working Capital Fund established the feasibility and advisability of estab- under section 527 of title 28, United States and for defense activities of the De- lishing a missile defense site on the East Code, a supplemental fraud fighting account. partment of Energy, to prescribe mili- Coast of the United States. tary personnel strengths for such fiscal ‘‘(B) CREDITING OF AMOUNTS.—Notwith- standing section 3302 of title 31, United year, and for other purposes; which was SA 1186. Mr. LEAHY (for himself and States Code, or any other statute affecting ordered to lie on the table; as follows: Mr. GRASSLEY) submitted an amend- the crediting of collections, the Attorney At the end of subtitle E of title X, add the ment intended to be proposed by him General may credit, as an offsetting collec- following: to the bill S. 1867, to authorize appro- tion, to the supplemental fraud fighting ac- SEC. 1049. MAINTENANCE OF A TRIAD OF STRA- priations for fiscal year 2012 for mili- count up to 0.5 percent of all amounts col- TEGIC NUCLEAR DELIVERY SYS- tary activities of the Department of lected pursuant to civil debt collection liti- TEMS. Defense, for military construction, and gation activities of the Department of Jus- The Secretary of Defense shall take appro- tice. for defense activities of the Depart- priate actions to maintain for the United ‘‘(C) USE OF FUNDS.— States a range of strategic nuclear delivery ment of Energy, to prescribe military ‘‘(i) IN GENERAL.—Subject to clause (ii), the systems appropriate for the current and an- personnel strengths for such fiscal Attorney General may use amounts in the ticipated threats faced by the United States, year, and for other purposes; which was supplemental fraud fighting account for the including a triad of sea-based, land-based, ordered to lie on the table; as follows: cost (including equipment, salaries and bene- and air-based strategic nuclear delivery sys- At the end of title X, add the following: fits, travel and training, and interagency tems. task force operations) of the investigation of Subtitle I—Fighting Fraud to Protect and conduct of criminal, civil, or administra- SA 1184. Mr. SESSIONS submitted an Taxpayers tive proceedings relating to fraud offenses. amendment intended to be proposed by SEC. 1090. DEPARTMENT OF JUSTICE WORKING ‘‘(ii) LIMITATION.—The Attorney General him to the bill S. 1867, to authorize ap- CAPITAL FUND REFORMS. may not use amounts in the supplemental propriations for fiscal year 2012 for Section 11013(a) of the 21st Century Depart- fraud fighting account for the cost of the in- military activities of the Department ment of Justice Appropriations Authoriza- vestigation of or the conduct of criminal, tion Act (28 U.S.C. 527 note) is amended— of Defense, for military construction, civil, or administrative proceedings relating (1) by striking ‘‘Notwithstanding’’ and in- to— and for defense activities of the De- serting the following: ‘‘(I) an offense under section 30A of the Se- partment of Energy, to prescribe mili- ‘‘(1) DEFINITIONS.—In this subsection— curities Exchange Act of 1934 (15 U.S.C. 78dd– tary personnel strengths for such fiscal ‘‘(A) the term ‘covered amounts’ means— 1); or year, and for other purposes; which was ‘‘(i) the unobligated balances in the debt ‘‘(II) an offense under section 104 or 104A of ordered to lie on the table; as follows: collection management account; and the Foreign Corrupt Practices Act of 1977 (15 At the end of subtitle C of title X, add the ‘‘(ii) the unobligated balances in the sup- U.S.C. 78dd–2 and 78dd–3). following: plemental fraud fighting account; ‘‘(D) CONDITIONS.—Subject to paragraph (4), SEC. 1024. LIMITATION ON REDUCTION IN NUM- ‘‘(B) the term ‘debt collection management amounts in the supplemental fraud fighting BER OF SURFACE COMBATANTS OF account’ means the account established in account shall remain available until ex- THE NAVY BELOW 313 VESSELS. the Department of Justice Working Capital pended and shall be subject to the terms and (a) FINDINGS.—Congress makes the fol- Fund under paragraph (2); conditions of the Department of Justice lowing findings: ‘‘(C) the term ‘fraud offense’ includes— Working Capital Fund. (1) The 2011 Shipbuilding Plan of the Navy ‘‘(i) an offense under section 30A of the Se- ‘‘(4) MAXIMUM AMOUNT.— contemplates a baseline of 313 surface com- curities Exchange Act of 1934 (15 U.S.C. 78dd– ‘‘(A) IN GENERAL.—There are rescinded all batants in the Navy. 1) and an offense under section 104 or 104A of covered amounts in excess of $175,000,000 at (2) The national security of the United the Foreign Corrupt Practices Act of 1977 (15 the end of fiscal year 2012 and the end of each States requires that the shipbuilding activi- U.S.C. 78dd–2 and 78dd–3); fiscal year thereafter. ties of the Navy ensure a Navy composed of ‘‘(ii) a securities fraud offense, as defined ‘‘(B) RATIO.—For any rescission under sub- at least 313 surface combatants. in section 3301 of title 18, United States paragraph (A), the Secretary of the Treasury (3) It is in the national interest that the Code; shall rescind amounts from the debt collec- future-years defense programs of the Depart- ‘‘(iii) a fraud offense relating to a financial tion management account and the supple- ment of Defense provide for a Navy composed institution or a federally related mortgage mental fraud fighting account in a ratio of 6 of at least 313 surface combatants. loan, as defined in section 3 of the Real Es- dollars to 1 dollar, respectively. (b) LIMITATION.—The Secretary of the Navy tate Settlement Procedures Act of 1974 (12 ‘‘(5) ANNUAL REPORT.—Not later than 6 may not carry out any reduction in the num- U.S.C. 2602), including an offense under sec- months after the date of enactment of the ber of surface combatants of the Navy below tion 152, 157, 1004, 1005, 1006, 1007, 1011, or 1014 National Defense Authorization Act for Fis- 313 surface combatants unless the Secretary, of title 18, United States Code; cal Year 2012, and every year thereafter, the after consultation with the commanders of ‘‘(iv) an offense involving procurement Attorney General shall submit to Congress a the combatant commands, certifies to Con- fraud, including defective pricing, bid rig- report that identifies, for the most recent gress that the Navy will continue to possess ging, product substitution, misuse of classi- fiscal year before the date of the report— the capacity to support the requirements of fied or procurement sensitive information, ‘‘(A) the amount credited to the debt col- the combatant commands after such reduc- grant fraud, fraud associated with labor lection management account and the tion. mischarging, and fraud involving foreign amount credited to the supplemental fraud military sales; fighting account from civil debt collection SA 1185. Mr. SESSIONS submitted an ‘‘(v) an offense under the Internal Revenue litigation, which shall include, for each ac- amendment intended to be proposed by Code of 1986 involving fraud; count—

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7761 ‘‘(i) a comprehensive description of the (i) by inserting ‘‘641, 656, 657,’’ after ‘‘510,’’; 1105(a) of title 31 for each year, the Secretary source of the amount credited; and and of Homeland Security shall submit to the ‘‘(ii) a list the civil actions and settle- (ii) by striking ‘‘493, 657,’’ and inserting Committee on Appropriations of the Senate ments from which amounts were collected ‘‘493,’’; and and the Committee on Appropriations of the and credited to the account; (B) in paragraph (3), by striking ‘‘federally House of Representatives a report summa- ‘‘(B) the amount expended from the debt insured’’; and rizing the audits conducted under subpara- collection management account for civil (2) by adding at the end the following: graph (A)(i) relating to the previous fiscal debt collection, which shall include a com- ‘‘(h)(1) For any undercover investigative year.’’. prehensive description of the use of amounts operation of the United States Secret Serv- SEC. 1096. FALSE CLAIMS SETTLEMENTS. in the account that identifies the amount ex- ice that is necessary for the detection and (a) REPORTS BY ATTORNEY GENERAL.—Not pended for— prosecution of a crime against the United later than November 1 of each year, the At- ‘‘(i) paying the costs of processing and States, the United States Secret Service torney General shall submit to the Com- tracking civil and criminal debt-collection may— mittee on the Judiciary of the Senate and litigation; ‘‘(A) use amounts appropriated for the the Committee on the Judiciary of the House ‘‘(ii) financial systems; United States Secret Service, including un- of Representatives a public report, except ‘‘(iii) debt-collection-related personnel ex- obligated balances available from prior fiscal the contents required in paragraphs (2), (3), penses; years, to— (4) and (10) of subsection (b), that describes ‘‘(iv) debt-collection-related administra- ‘‘(i) purchase property, buildings, and each settlement or compromise of any claim, tive expenses; and other facilities and lease space within the suit, or other action entered into with the ‘‘(v) debt-collection-related litigation ex- United States (including the District of Co- Department of Justice that— penses; lumbia and the territories and possessions of (1) relates to an alleged violation of sec- ‘‘(C) the amounts expended from the sup- the United States), without regard to sec- tion 1031 of title 18, United States Code, or plemental fraud fighting account and the tions 1341 and 3324 of title 31, section 8141 of section 3729 of title 31, United States Code justification for the expenditure of such title 40, and sections 3901, 4501 through 4506, (including all 12 settlements of alternative remedies); and amounts; and 6301, and 6306(a) of title 41; and (2) results from a claim for damages of ‘‘(D) the unobligated balance in the debt ‘‘(ii) establish, acquire, and operate on a more than $100,000. collection management account and the un- commercial basis proprietary corporations (b) CONTENTS OF REPORTS.—The description obligated balance in the supplemental fraud and business entities as part of the under- cover investigative operation, without re- of each settlement or compromise required fighting account at the end of the fiscal to be included in an annual report under sub- gard to sections 9102 and 9103 of title 31; year.’’. section (a) shall include— ‘‘(B) deposit in banks and other financial SEC. 1091. REIMBURSEMENT OF COSTS AWARDED (1) the total amount of the settlement or institutions amounts appropriated for the IN FALSE CLAIMS ACT PROSECU- compromise and the portions of the settle- United States Secret Service, including un- TIONS. ment attributable to violations of various obligated balances available from prior fiscal Section 3729(a)(3) of title 31, United States statutory authorities; years, and the proceeds from the undercover Code, is amended by adding at the end the (2) the amount of actual damages, or if the investigative operation, without regard to following: ‘‘Any costs paid under this para- amount of actual damages is not available a graph shall be credited to the appropriations section 648 of this title and section 3302 of good faith estimate of the damages, that accounts of the executive agency from which title 31; and have been sustained; the funds used for the costs of the civil ac- ‘‘(C) use the proceeds from the undercover (3) the amount of the settlement that rep- tion were paid.’’. investigative operation to offset necessary resents civil penalties; SEC. 1092. INTERLOCUTORY APPEALS OF SUP- and reasonable expenses incurred in the un- (4) the amount of the settlement that rep- PRESSION OR EXCLUSION OF EVI- dercover investigative operation, without re- resents criminal fines and a statement of the DENCE. gard to section 3302 of title 31. basis for the fines; ‘‘(2) The authority under paragraph (1) Section 3731 of title 18, United States Code, (5) a description of the period during which may be exercised only upon a written deter- is amended in the second undesignated para- the matter to which the settlement or com- mination by the Director of the United graph by inserting ‘‘Attorney General, the promise relates was pending, including— States Secret Service (in this subsection re- Deputy Attorney General, an Assistant At- (A) the date on which the complaint was ferred to as the ‘Director’) that the action torney General, or the’’ after ‘‘an indictment originally filed; or information, if the’’. being authorized under paragraph (1) is nec- essary for the conduct of an undercover in- (B) a description of the period the matter SEC. 1093. EXTENSION OF INTERNATIONAL remained under seal; MONEY LAUNDERING STATUTE TO vestigative operation. A determination under this paragraph may continue in effect (C) the date on which the Department of TAX EVASION CRIMES. Justice determined whether to intervene in Section 1956(a)(2)(A) of title 18, United for the duration of an undercover investiga- tive operation, without fiscal year limita- the case; and States Code, is amended— (D) the date on which the settlement or (1) by striking ‘‘intent to promote’’ and in- tion. ‘‘(3) If the Director authorizes the proceeds compromise was finalized; serting the following: ‘‘intent to— (6) whether a defendant or any division, ‘‘(i) promote’’; and from an undercover investigative operation to be used as described in subparagraph (B) subsidiary, affiliate, or related entity of a (2) by adding at the end the following: defendant had previously entered into a set- ‘‘(ii) engage in conduct constituting a vio- or (C) of paragraph (1), as soon as practicable after the proceeds are no longer necessary tlement or compromise relating to section lation of section 7201 or 7206 of the Internal 1031 of title 18, United States Code, or sec- Revenue Code of 1986; or’’. for the conduct of the undercover investiga- tive operation, the proceeds remaining shall tion 3730(b) of title 31, United States Code, SEC. 1094. CLARIFYING VENUE FOR FEDERAL and, if so, the date of and amount to be paid MAIL FRAUD OFFENSES. be deposited in the general fund of the Treas- ury as miscellaneous receipts. under each such settlement or compromise; (a) IN GENERAL.—Section 3237(a) of title 18, ‘‘(4) As early as the Director determines (7) whether a defendant or any division, United States Code, is amended in the second practicable before the date on which a cor- subsidiary, affiliate, or related entity of a undesignated paragraph by adding before the poration or business entity established or ac- defendant— period at the end the following: ‘‘or in any quired under paragraph (1)(A)(ii) with a net (A) entered into a corporate integrity district in which an act in furtherance of the value of more than $50,000 is to be liquidated, agreement relating to the settlement or offense is committed’’. sold, or otherwise disposed of, the Director compromise; (b) SECTION HEADING.—Section 3237 of title shall notify the Secretary of Homeland Secu- (B) entered into a deferred prosecution 18, United States Code, is amended in the rity regarding the circumstances of the cor- agreement or nonprosecution agreement re- section heading by striking ‘‘begun’’ and all poration or business entity and the liquida- lating to the settlement or compromise; or that follows and inserting ‘‘taking place in tion, sale, or other disposition. The proceeds (C)(i) previously entered into— more than one district’’. of the liquidation, sale, or other disposition, (I) a corporate integrity agreement relat- (c) TABLE OF SECTIONS.—The table of sec- after obligations are met, shall be deposited ing to a settlement or compromise relating tions for chapter 211 of title 18, United in the general fund of the Treasury as mis- to a different violation of section 3730(b) of States Code, is amended by striking the item cellaneous receipts. title 31, United States Code; or relating to section 3237 and inserting the fol- ‘‘(5)(A) The Director shall— (II) a deferred prosecution agreement or lowing: ‘‘(i) on a quarterly basis, conduct detailed nonprosecution agreement relating to a set- ‘‘3237. Offenses taking place in more than one financial audits of closed undercover inves- tlement or compromise relating to a dif- district.’’. tigative operations for which a written de- ferent violation of section 1031 of title 18, SEC. 1095. EXPANSION OF AUTHORITY OF SECRET termination is made under paragraph (2); and United States Code; and SERVICE. ‘‘(ii) submit to the Secretary of Homeland (ii) if the defendant had entered an agree- Section 3056 of title 18, United States Code, Security a written report of the results of ment described in clause (i), whether the is amended— each audit conducted under clause (i). agreement applied to the conduct that is the (1) in subsection (b)— ‘‘(B) On the date on which the budget of subject of the settlement or compromise de- (A) in paragraph (1)— the President is submitted under section scribed in the report or similar conduct;

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7762 CONGRESSIONAL RECORD — SENATE November 17, 2011 (8) for a qui tam action— fied persons directly to positions so des- ‘‘2613. Acceptance of frequent traveler miles, (A) the percentage of the settlement ignated, and should appoint veterans to credits, points, and tickets: use amount awarded to the relator; and those positions to the maximum extent pos- to facilitate rest and recuper- (B) whether the relator requested a fair- sible. ation travel of deployed mem- ness hearing relating to the percentage re- ‘‘(b) ANNUAL REPORT.—The Secretary of bers and their families.’’. ceived by the relator or the total amount of Defense shall submit an annual report to the the settlement; congressional defense committees detailing SA 1189. Mrs. MURRAY (for herself, (9) the extent to which a relator or counsel the number of people hired under the author- Mrs. GILLIBRAND, and Mrs. MCCASKILL) for a relators participated in the settlement ity of this section, the number of people so submitted an amendment intended to negotiations; and hired who transfer to a field outside the cat- be proposed by her to the bill S. 1867, to (10) whether a defendant raised the possi- egory of Information Technology/Cyber authorize appropriations for fiscal year bility of requiring the disclosure of classified workforce, and the number of veterans who information as a reason for the Department apply for, and are hired, for positions under 2012 for military activities of the De- to settle a case in lieu of litigation. this authority. partment of Defense, for military con- SEC. 1097. AGGRAVATED IDENTITY THEFT AND ‘‘(c) SUNSET.—The Secretary may not ap- struction, and for defense activities of FRAUD. point a person to a position of employment the Department of Energy, to prescribe (a) IN GENERAL.—Section 1028A of title 18, under this section after September 30, 2017.’’. military personnel strengths for such United States Code, is amended in the sec- (b) CLERICAL AMENDMENT.—The table of fiscal year, and for other purposes; as tion heading by adding ‘‘and fraud’’ at the sections at the beginning of such chapter is follows: end. amended by adding at the end the following At the end of title VII, add the following: (b) TECHNICAL AND CONFORMING AMEND- new item: MENT.—The table of sections for chapter 47 of ‘‘1599e. Information technology/cyber work- Subtitle D—Mental Health Care for Members title 18, United States Code, is amended by force: expedited hiring author- of Reserve Components on Inactive-Duty striking the item relating to section 1028A ity.’’. Training and inserting the following: SEC. 741. BEHAVIORAL HEALTH CARE FOR MEM- ‘‘1028A. Aggravated identity theft and SA 1188. Mr. CARDIN (for himself, BERS OF THE ARMED FORCES PER- fraud.’’. Mr. WICKER, Mrs. FEINSTEIN, Ms. MI- FORMING INACTIVE-DUTY TRAINING AND CERTAIN OTHER MEMBERS. SEC. 1098. FRAUD AND RELATED ACTIVITY IN KULSKI OCKEFELLER ASEY , Mr. R , Mr. C , (a) IN GENERAL.—Subsection (a)(1) of sec- CONNECTION WITH IDENTIFICATION and Mr. BURR) submitted an amend- DOCUMENTS, AUTHENTICATION tion 1074a of title 10, United States Code, is FEATURES, AND INFORMATION. ment intended to be proposed by him amended by inserting ‘‘(including a behav- (a) IN GENERAL.—Section 1028(a)(7) of title to the bill S. 1867, to authorize appro- ioral health illness)’’ after ‘‘or disease’’. 18, United States Code, is amended by insert- priations for fiscal year 2012 for mili- (b) SERVICES FOR READINESS OF CERTAIN ing ‘‘(including an organization)’’ after ‘‘per- tary activities of the Department of OTHER MEMBERS OF READY RESERVE.—Sub- son’’. Defense, for military construction, and section (g)(1) of such section is amended by (b) TECHNICAL AND CONFORMING AMEND- for defense activities of the Depart- striking ‘‘medical and dental readiness’’ and MENT.—The table of sections for chapter 47 of inserting ‘‘medical, dental, and behavioral ment of Energy, to prescribe military health readiness’’. title 18, United States Code, is amended by personnel strengths for such fiscal striking the item relating to section 1028 and SEC. 742. MENTAL HEALTH ASSESSMENTS DUR- inserting the following: year, and for other purposes; as fol- ING INACTIVE-DUTY TRAINING FOR lows: MEMBERS OF THE NATIONAL GUARD ‘‘1028. Fraud and related activity in connec- IN STATES WITH HIGH NEED FOR tion with identification docu- At the end of subtitle E of title X, add the BEHAVIORAL HEALTH SUPPORT. following: ments, authentication features, (a) ACCESS TO ASSESSMENTS.—Each mem- and information.’’. SEC. 1049. EXPANSION OF OPERATION HERO ber of the National Guard in a unit of a State MILES. SEC. 1099. ATTEMPT TO EVADE OR DEFEAT TAX. covered by subsection (b) who is performing Section 7201 of the Internal Revenue Code (a) EXPANDED DEFINITION OF TRAVEL BEN- inactive-duty training shall, while per- is amended— EFIT.—Subsection (b) of section 2613 of title forming such training, be permitted access (1) by striking ‘‘$100,000’’ and inserting 10, United States Code, is amended to read as to a mental health assessment through a li- ‘‘$500,000’’; and follows: censed mental health professional who shall ‘‘(b) TRAVEL BENEFIT DEFINED.—In this sec- (2) by striking ‘‘$500,000’’ and inserting be available for such assessments during tion, the term ‘travel benefit’ means— ‘‘$2,500,000’’. duty hours of such training on the premises ‘‘(1) frequent traveler miles, credits for of the principal duty location of such mem- SA 1187. Mrs. GILLIBRAND (for her- tickets, or tickets for air or surface trans- ber’s unit. Such mental health assessment portation issued by an air carrier or a sur- self and Mr. PORTMAN) submitted an shall be provided by the State in accordance face carrier, respectively, that serves the with subsection (e). amendment intended to be proposed by public; and (b) COVERED STATES.—A State covered by her to the bill S. 1867, to authorize ap- ‘‘(2) points or awards for free or reduced- propriations for fiscal year 2012 for this subsection is a State that— cost accommodations issued by an inn, hotel, (1) meets the criteria under subsection (c), military activities of the Department or other commercial establishment that pro- as determined by the Chief of the National of Defense, for military construction, vides lodging to transient guests.’’. Guard Bureau under subsection (d); and and for defense activities of the De- (b) CONDITION ON AUTHORITY TO ACCEPT DO- (2) elects to provide mental health assess- partment of Energy, to prescribe mili- NATION.—Subsection (c) of such section is ments for members of the National Guard as amended— tary personnel strengths for such fiscal described in subsection (a) in accordance (1) by striking ‘‘the air or surface carrier’’ with subsection (e). year, and for other purposes; which was and inserting ‘‘the business entity referred (c) CRITERIA.— ordered to lie on the table; as follows: to in subsection (b)’’; (1) IN GENERAL.—The Chief of the National At the end of title XI, add the following: (2) by striking ‘‘the surface carrier’’ and Guard Bureau shall develop criteria for de- SEC. 1108. EXPEDITED HIRING AUTHORITY FOR inserting ‘‘the business entity’’; and termining whether or not members of the DEFENSE INFORMATION TECH- (3) by striking ‘‘the carrier’’ and inserting National Guard of a particular State shall be NOLOGY/CYBER WORKFORCE. ‘‘the business entity’’. permitted access to mental health assess- (a) EXPEDITED HIRING AUTHORITY.—Chapter (c) ADMINISTRATION.—Subsection (e)(3) of ments under subsection (a). 81 of title 10, United States Code, is amended such section is amended by striking ‘‘the air (2) ELEMENTS.—The criteria developed by adding at the end the following new sec- carrier or surface carrier’’ and inserting ‘‘the under paragraph (1) shall take into account tion: business entity referred to in subsection the following: ‘‘§ 1599e. Information technology/cyber work- (b)’’. (A) The rate of suicide among members of (d) STYLISTIC AMENDMENTS.— force: expedited hiring authority the National Guard of a State. (1) SECTION HEADING.—The heading of such ‘‘(a) AUTHORITY.—For purposes of sections (B) The deployment schedule of National section is amended to read as follows: 3304, 5333, and 5753 of title 5, the Secretary of Guard units in a State, including, in par- Defense— ‘‘§ 2613. Acceptance of frequent traveler ticular, the number of National Guard units ‘‘(1) may designate any category of Infor- miles, credits, points, and tickets: use to fa- in the State recently returned from deploy- mation Technology/Cyber workforce posi- cilitate rest and recuperation travel of de- ment. tions in the Department of Defense as posi- ployed members and their families’’. (C) The economic circumstances of a State, tions for which there exists a shortage of (2) TABLE OF SECTIONS.—The table of sec- including the rate of unemployment in the candidates or for which there is a critical tions at the beginning of chapter 155 of such State generally and the rate of unemploy- hiring need; and title is amended by striking the item relat- ment in the State among veterans. ‘‘(2) may use the authorities provided in ing to section 2613 and inserting the fol- (D) The availability of behavioral health those sections to recruit and appoint quali- lowing new item: care providers in a State (including civilian

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7763 providers, providers at military treatment ments of States for the costs of, mental Human Services as required by the Health facilities, and providers of or through the health assessments of members of the Na- Insurance Portability and Accountability Department of Veterans Affairs) for mem- tional Guard under subsection (a). Act of 1996. bers of the National Guard, including, in par- (g) DEFINITIONS.—In this section: (e) INACTIVE-DUTY TRAINING DEFINED.—In ticular, the availability of such providers in (1) The term ‘‘inactive-duty training’’ has this section, the term ‘‘inactive-duty train- rural areas of the State. the meaning given that term in section ing’’ has the meaning given that term in sec- (E) Such other criteria as the Chief of the 101(d)(7) of title 10, United States Code. tion 101(d)(7) of title 10, United States Code. National Guard Bureau considers appro- (2) The term ‘‘State’’ means the several priate. SEC. 745. REPORTS ON EFFECTIVENESS OF MEN- States, the District of Columbia, Puerto TAL HEALTH ASSESSMENTS IN (3) PERIODIC UPDATES.—The Chief of the Rico, Guam, and the Virgin Islands. MEETING NEEDS OF MEMBERS OF National Guard Bureau shall update the cri- (3) The term ‘‘TRICARE program’’ has the THE RESERVE COMPONENTS PER- teria developed under paragraph (1) every meaning given that term in section 1072(7) of FORMING INACTIVE-DUTY TRAIN- two years. title 10, United States Code. ING. (4) CONSULTATION.—The Chief of the Na- SEC. 743. BEHAVIORAL HEALTH SUPPORT FOR (a) BIENNIAL ASSESSMENT OF EFFECTIVE- tional Guard Bureau shall carry out this sub- CERTAIN MEMBERS OF THE NA- NESS OF ASSESSMENTS.—Not later than two section in consultation with the Assistant TIONAL GUARD IN STATES WITH years after the date of the enactment of this Secretary of Defense for Health Affairs, the HIGH NEED FOR BEHAVIORAL Act, and every two years thereafter, the As- Surgeons General of the Armed Forces, and HEALTH SUPPORT. sistant Secretary of Defense for Health Af- the Adjutants General of the National (a) IN GENERAL.—Each member of the Na- fairs shall conduct an assessment of the ef- Guard. tional Guard of a State meeting the criteria fectiveness of the mental health assessments (5) SUBMITTAL TO CONGRESS.—Not later in section 742(c) who is participating in an- provided members of the reserve components than 180 days after the date of the enactment nual training duty or individual duty train- of the Armed Forces under this subtitle. ing shall, while so participating, have access of this Act, the Chief of the National Guard (b) ELEMENTS.—Each assessment under to the behavioral health support programs Bureau shall submit to the congressional de- subsection (a) shall include an assessment of specified in subsection (b). fense committees a report on the criteria de- the following: (b) BEHAVIORAL HEALTH SUPPORT PRO- veloped under this subsection. (1) The effect of the mental health assess- (d) DETERMINATIONS REGARDING STATES.— GRAMS.—The behavioral health support pro- grams specified in this subsection are the ments described in subsection (a) in assuring Upon developing the criteria required by sub- the behavioral health readiness of the fol- section (b), and every two years thereafter, following: lowing: the Chief of the National Guard Bureau shall (1) Programs providing access to licensed (A) The reserve components of the Armed determine whether or not each State meets mental health providers in armories, reserve Forces generally. the criteria for purposes of subsection (b)(1). centers, or other places for scheduled unit (B) The National Guard of each State in In making such a determination, the Chief of training assemblies. the National Guard Bureau shall use the (2) Programs providing training on suicide which mental health assessments were per- version of such criteria in effect at the time prevention and post-suicide response. formed under section 742 during the two-year of such determination, as updated under sub- (3) Psychological health programs. period covered by such assessment. section (c)(3). (4) Such other programs as the Secretary (C) Each of the Army Reserve, the Navy (e) STATE ACTIONS.— of Defense, in consultation with the Surgeon Reserve, the Air Force Reserve, and the Ma- (1) ELECTION TO PROVIDE ASSESSMENTS.— General for the National Guard of the State rine Corps Reserve. (A) IN GENERAL.—Upon the development of in which the members concerned reside, the (2) For the two-year period covered by such the criteria required by subsection (c), and Director of Psychological Health of the assessment, rates of each of the following: every two years thereafter, a State that State in which the members concerned re- (A) Contacts between members of the re- meets the criteria may elect to provide men- side, the Department of Mental Health or the serve components of the Armed Forces and a tal health assessments for members of the equivalent agency of the State in which the behavioral health provider initiated by the National Guard as described in subsection members concerned reside, or the Director of member. (a). the Psychological Health Program of the Na- (B) Contacts between members of the re- (B) PERIOD OF ELECTION.—An election tional Guard Bureau, considers appropriate. serve components of the Armed Forces and a behavioral health provider initiated by a under subparagraph (A) shall be effective for (c) ACCESS WITHOUT COST TO MEMBERS.— two years, and may be renewed by a State if Access to behavioral health programs, and to commander of the member. the Chief of the National Guard Bureau de- any services under such programs, shall be (C) Contacts between members of the re- termines under subsection (d) that the State provided at no cost to members. serve components of the Armed Forces and a continues to meet the criteria under sub- (d) PRIVACY PROTECTION.—Any mental behavioral health provider initiated by a be- section (c) at the time of such renewal. health services provided under this section havioral health provider. (C) AVAILABILITY OF OPTION TO ELECT.—The shall be subject to and comply with all appli- (D) Symptoms of post-traumatic stress dis- lack of an election by a State under subpara- cable privacy rules and security rules pub- order (PTSD) in members participating in graph (A) shall not prohibit the State from lished by the Department of Health and any such contacts. making an election under that subparagraph Human Services as required by the Health (E) Substance abuse in members partici- at any subsequent two-year interval if the Insurance Portability and Accountability pating in any such contacts. State meets the criteria under subsection (c) Act of 1996. (F) Marriage or family concerns in mem- bers participating in any such contacts. at the commencement of such subsequent SEC. 744. MENTAL HEALTH ASSESSMENTS FOR two-year interval. MEMBERS OF THE RESERVES PER- (G) Job or financial concerns in members (2) ASSESSMENTS.— FORMING INACTIVE-DUTY TRAIN- participating in any such contacts. (A) IN GENERAL.—Each State making an ING. (3) Such other matters as the Assistant election under paragraph (1) shall provide (a) IN GENERAL.—The Secretary of the Secretary of Defense for Health Affairs con- mental health assessments for members of military department concerned may provide siders appropriate. the National Guard in units of the State as mental health assessments for members of (c) REPORTS ON ASSESSMENTS.—Not later described in subsection (a) during the two- the Army Reserve, the Navy Reserve, the Air than 30 days after completing an assessment year period following the election. Force Reserve, and the Marine Corps Reserve under this section, the Assistant Secretary (B) MANNER OF PROVISION.—A State shall who are performing inactive-duty training. of Defense for Health Affairs shall submit to provide mental health assessments under (b) CRITERIA.—A determination whether or the congressional defense committees a re- this paragraph in accordance with a plan de- not to provide mental health assessments for port setting forth the results of such assess- veloped by the State for that purpose. The members of a given Reserve under subsection ment. plan shall ensure the availability of behav- (a) may be made in accordance with criteria ioral health providers for that purpose dur- developed by the Secretary of the military SA 1190. Mrs. MURRAY submitted an ing duty hours of inactive-duty training on department concerned, in consultation with amendment intended to be proposed by the Assistant Secretary of Defense for the premises of the principal duty location of her to the bill S. 1867, to authorize ap- National Guard units of the State per- Health Affairs and the Surgeon General of forming such training. The plan may provide the Armed Force concerned. propriations for fiscal year 2012 for for the availability of such providers for that (c) PROVISION WITHOUT COST TO MEMBERS.— military activities of the Department purpose through arrangements with contrac- Any mental health assessments provided of Defense, for military construction, tors under the TRICARE program or other under this section, and any services provided and for defense activities of the De- appropriate contractors or through such pursuant to such assessments, shall be pro- partment of Energy, to prescribe mili- other means as the State considers appro- vided at no cost to members. tary personnel strengths for such fiscal priate. (d) PRIVACY PROTECTION.—Any mental year, and for other purposes; which was (f) FEDERAL FUNDING.—Amounts author- health services provided under this section ized to be appropriated for the Department shall be subject to and comply with all appli- ordered to lie on the table; as follow: of Defense for Defense Health Program may cable privacy rules and security rules pub- At the end of subtitle G of title X, add the be available for payment for, or reimburse- lished by the Department of Health and following:

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SEC. 1080. REGIONAL ADVANCED TECHNOLOGY (1) APPROPRIATE CONGRESSIONAL COMMIT- (B) whether such institution is a public, CLUSTERS. TEES.—The term ‘‘appropriate congressional non-profit, or for-profit institution; (a) DEVELOPMENT OF INNOVATIVE ADVANCED committees’’ means— (C) the amount of funds received by such TECHNOLOGIES.— (A) the congressional defense committees; institution in each such fiscal year each (1) IN GENERAL.—The Secretary of Defense (B) the Committee on Commerce, Science under each program; and shall use the laboratory network of the De- and Transportation and the Committee on (D) the number of members of the Armed partment of Defense and work with the Sec- Small Business and Entrepreneurship of the Forces, and the number of military spouses, retary of Commerce and the Administrator Senate; and who received education at such institution of the Small Business Administration to en- (C) the Committee on Energy and Com- during each such fiscal year for which money courage the development of innovative ad- merce and the Committee on Small Business was received under either program. vanced technologies to address national se- of the House of Representatives. (2) Education outcomes for participants in curity, and where appropriate, homeland se- (2) REGIONAL ADVANCED TECHNOLOGY CLUS- the programs specified in subsection (a) dur- curity, and first responder challenges. TERS.—The term ‘‘regional advanced tech- ing fiscal years 2009 through 2011, including— (2) SENSE OF CONGRESS.—It is the sense of nology clusters’’ means geographic centers (A) credit accumulation; Congress that the Secretary of Defense focused on building science and technology- (B) completion of education on time or in should make further progress in marshaling based innovation capacity in areas of local 150 percent of on time; existing authorities in support of regional and regional strength to foster economic (C) loan defaults; advanced technology clusters, while defining growth and improve quality of life. (D) job placement and retention, and wage mechanisms to collaborate with, and lever- progression, after completion of education. age resources from the Department of Com- SA 1191. Mr. RUBIO submitted an (3) A summary of complaints regarding ag- merce and the Small Business Administra- amendment intended to be proposed by gressive recruiting practices or misrepresen- tion. him to the bill H.R. 2354, making ap- tation of future job placement opportunities (b) DESIGNATION OF LEAD DEPARTMENT OF propriation for energy and water devel- from participants in the programs specified DEFENSE OFFICE.—Not later than 60 days opment and related agencies for the in subsection (a) during fiscal years 2009 after the date of the enactment of this Act, fiscal year ending September 30, 2012, through 2011. (4) Such recommendations as the Secretary the Under Secretary of Defense for Acquisi- and for other purposes; which was or- tion, Technology, and Logistics, in consulta- considers appropriate for reducing the costs tion with the Under Secretary of Defense for dered to lie on the table; as follow: to the Department of education assistance Policy, shall identify and report to the ap- At the end of title I of division A, add the under the programs specified in subsection propriate congressional committees what of- following: (a). fice within the Department of Defense will SEC. 1ll. (a) The Corps of Engineers is au- be responsible for enhanced use of regional thorized to carry out any project— SA 1193. Mr. DURBIN (for himself, advanced technology clusters. (1) for which there is a signed report of the Mr. KIRK, Mr. HARKIN, and Mr. GRASS- Chief of Engineers by the end of fiscal year (c) REPORT.—Not later than 180 days after LEY) submitted an amendment in- the date of the enactment of this Act, the 2012; tended to be proposed by him to the (2) that will be constructed according to Under Secretary of Defense for Acquisition, bill S. 1867, to authorize appropriations Technology, and Logistics, in consultation the specifications of the Corps of Engineers; and for fiscal year 2012 for military activi- with the Under Secretary of Defense for Pol- ties of the Department of Defense, for icy, shall submit to the appropriate congres- (3) for which, prior to authorization, the Chief of Engineers certifies that 100 percent military construction, and for defense sional committees a report describing— activities of the Department of Energy, (1) the participation of the Department of of the cost of carrying out the project is con- Defense in regional advanced technology tributed by a non-Federal entity or a group to prescribe military personnel clusters, including the number of clusters of non-Federal entities. strengths for such fiscal year, and for (b) A non-Federal entity or group of non- supported, technologies developed and prod- other purposes; which was ordered to Federal entities described in subsection ucts commercialized, small businesses lie on the table; as follow: (a)(3) shall not receive any reimbursement trained, companies started, and research and for the cost of a project carried out under Strike section 341 and insert the following: development facilities shared; this section from the Federal Government. SEC. 341. PERMANENT AND EXPANDED AUTHOR- (2) implementation by the Department of ITY FOR ARMY INDUSTRIAL FACILI- processes and mechanisms to facilitate col- SA 1192. Mr. DURBIN submitted an TIES TO ENTER INTO CERTAIN CO- laboration with the clusters; OPERATIVE ARRANGEMENTS WITH amendment intended to be proposed by NON-ARMY ENTITIES. (3) agreements established with the De- him to the bill S. 1867, to authorize ap- partment of Commerce and the Small Busi- Section 4544 of title 10, United States Code, ness Administration to jointly support the propriations for fiscal year 2012 for is amended— continued utilization and growth of the clus- military activities of the Department (1) in subsection (a), by striking the second ters; and of Defense, for military construction, sentence; and (4) any additional required authorities and and for defense activities of the De- (2) by striking subsection (k). any impediments in supporting regional ad- partment of Energy, to prescribe mili- SA 1194. Mr. BENNET submitted an vanced technology clusters. tary personnel strengths for such fiscal amendment intended to be proposed by (d) COLLABORATION WITH OTHER FEDERAL year, and for other purposes; which was him to the bill S. 1867, to authorize ap- AGENCIES.— ordered to lie on the table; as follow: (1) IN GENERAL.—The designated lead from propriations for fiscal year 2012 for At the end of subtitle D of title V, add the the Department of Defense office shall col- military activities of the Department following: laborate and share resources with other Fed- of Defense, for military construction, eral agencies for purposes of assisting in the SEC. 547. REPORT ON COSTS TO DEPARTMENT OF and for defense activities of the De- DEFENSE OF CERTAIN ASSISTANCE utilization and growth of regional advanced FOR MEMBERS OF THE ARMED partment of Energy, to prescribe mili- technology clusters under this section. Fur- FORCES AND MILITARY SPOUSES. tary personnel strengths for such fiscal thermore the Department of Defense will (a) REPORT REQUIRED.—Not later than 180 year, and for other purposes; which was work with Department of Commerce and the days after the date of the enactment of this ordered to lie on the table; as follow: Small Business Administration to develop Act, the Secretary of Defense shall submit to Strike section 1048 and insert the fol- methods to evaluate the effectiveness of the Committees on Armed Services of the lowing: technology cluster policies. Senate and the House of Representatives a SEC. 1048. TROOPS-TO-TEACHERS PROGRAM EN- (2) INTERGOVERNMENTAL PERSONNEL ACT report on the costs to the Department of De- HANCEMENTS. AGREEMENTS.—The Department of Defense fense of education assistance for members of (a) FISCAL YEAR 2012 ADMINISTRATION.— shall utilize Intergovernmental Personnel the Armed Forces and military spouses Notwithstanding section 2302(c) of the Ele- Act agreements to provide for the temporary under the following programs of the Depart- mentary and Secondary Education Act of assignment of personnel between the Federal ment of Defense: 1965 (20 U.S.C. 6672(c)), the Secretary of De- Government and State and local govern- (1) The Tuition Assistance (TA) program. fense may administer the Troops-to-Teach- ments, colleges and universities, Indian trib- (2) The Military Spouse Career Advance- ers Program during fiscal year 2012. Amounts al governments, federally funded research ment Account (MyCAA) program. authorized to be appropriated for the Depart- and development centers, and other eligible (b) ELEMENTS.—The report required by sub- ment of Defense by this Act shall be avail- organizations. section (a) shall include the following: able to the Secretary of Defense for that pur- (3) ACCESS TO DEPARTMENT OF DEFENSE FA- (1) For each institution of higher education pose. CILITIES.—The Secretary of Defense shall that received funds under a program speci- (b) ENACTMENT OF PROGRAM AUTHORITY IN provide regional advanced technology clus- fied in subsection (a) during any of fiscal TITLE 10, UNITED STATES CODE.— ters appropriate access to Department of De- years 2009, 2010, or 2011— (1) IN GENERAL.—Chapter 58 of title 10, fense facilities. (A) the name and location of such institu- United States Code, is amended by adding at (e) DEFINITIONS.—In this section: tion; the end the following new section:

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Assistance to eligible members and and referral services to members of the military education and training as certified former members to obtain employment as armed forces who do not meet the criteria by the Department of Defense; or teachers: Troops-to-Teachers Program described in subsection (d), including meet- ‘‘(II) to otherwise meet the certification or ‘‘(a) DEFINITIONS.—In this section: ing the education qualification requirements licensing requirements for a career and tech- ‘‘(1) CHARTER SCHOOL.—The term ‘charter under subsection (d)(3)(B). nical education teacher in the State in which school’ has the meaning given that term in ‘‘(d) ELIGIBILITY AND APPLICATION PROC- the member seeks assistance for placement section 5210 of the Elementary and Sec- ESS.— under the Program. ondary Education Act of 1965 (20 U.S.C. ‘‘(1) ELIGIBLE MEMBERS.—The following ‘‘(C) A member of the armed forces is eligi- 7221i). members of the armed forces are eligible for ble to participate in the Program only if the ‘‘(2) HIGH-NEED SCHOOL.—The term ‘high- selection to participate in the Program: member’s last period of service in the armed need school’ means— ‘‘(A) Any member who— forces was honorable, as characterized by the ‘‘(A) an elementary school or middle school ‘‘(i) on or after October 1, 1999, becomes en- Secretary concerned. A member selected to in which at least 50 percent of the enrolled titled to retired or retainer pay under this participate in the Program before the retire- students are children from low-income fami- title or title 14; ment of the member or the separation or re- lies, based on the number of children eligible ‘‘(ii) has an approved date of retirement lease of the member from active duty may for free or reduced priced lunches under the that is within 1 year after the date on which continue to participate in the Program after the retirement, separation, or release only if Richard B. Russell National School Lunch the member submits an application to par- the member’s last period of service is charac- Act, the number of children in families re- ticipate in the Program; or terized as honorable by the Secretary con- ceiving assistance under the State program ‘‘(iii) has been transferred to the Retired cerned. funded under part A of title IV of the Social Reserve. ‘‘(4) SELECTION PRIORITIES.—In selecting el- Security Act, the number of children eligible ‘‘(B) Any member who, on or after January igible members of the armed forces to re- to receive medical assistance under the Med- 8, 2002— ceive assistance under the Program, the Sec- icaid program, or a composite of these indi- ‘‘(i)(I) is separated or released from active retary— cators; duty after 4 or more years of continuous ac- ‘‘(B) a high school in which at least 40 per- ‘‘(A) shall give priority to members who— tive duty immediately before the separation ‘‘(i) have educational or military experi- cent of enrolled students are children from or release; or low-income families, which may be cal- ence in science, mathematics, special edu- ‘‘(II) has completed a total of at least 6 cation, foreign language, or career and tech- culated using data comparable to the data years of active duty service, 6 years of serv- described in subparagraph (A) from the mid- nical education subjects; and ice computed under section 12732 of this dle or elementary schools that feed into the ‘‘(ii) agree to seek employment as science, title, or 6 years of any combination of such high school; mathematics, foreign language, or special service; and ‘‘(C) a school that is in a local educational education teachers in elementary schools or ‘‘(ii) executes a reserve commitment agree- agency that is eligible under section 6211(b) secondary schools or in other schools under ment for a period of not less than 3 years of the Elementary and Secondary Education the jurisdiction of a local educational agen- under paragraph (5)(B). Act of 1965; or cy; and ‘‘(C) Any member who, on or after January ‘‘(D) a school in which not less than 13 per- ‘‘(B) may give priority to members who 8, 2002, is retired or separated for physical cent of the students enrolled in the school agree to seek employment in a high-need disability under chapter 61 of this title. qualify for assistance under part B of the In- school. dividuals with Disabilities Education Act (20 ‘‘(D) Any member who— ‘‘(5) OTHER CONDITIONS ON SELECTION.— U.S.C. 1411 et seq.). ‘‘(i) applied for the teacher placement pro- ‘‘(A) The Secretary may not select an eligi- gram administered under section 1151 of title ‘‘(3) MEMBER OF THE ARMED FORCES.—The ble member of the armed forces to partici- term ‘member of the armed forces’ includes 10, United States Code, before the repeal of pate in the Program and receive financial as- a former member of the armed forces. that section, and satisfied the eligibility cri- sistance unless the Secretary has sufficient teria specified in subsection (c) of such sec- ‘‘(4) PROGRAM.—The term ‘Program’ means appropriations for the Program available at the Troops-to-Teachers Program authorized tion 1151; or the time of the selection to satisfy the obli- by this section. ‘‘(ii) applied for the Troops to Teachers gations to be incurred by the United States ‘‘(5) ADDITIONAL TERMS.—The terms ‘ele- program under chapter A of subpart 1 of part under subsection (e) with respect to the mentary school’, ‘highly qualified’, ‘local C of title II of the Elementary and Sec- member. educational agency’, ‘secondary school’, and ondary Education Act of 1965 (20 U.S.C. 6673 ‘‘(B) The Secretary may not select an eligi- ‘State’ have the meanings given those terms et seq.) and satisfied the eligibility criteria ble member of the armed forces described in in section 9101 of the Elementary and Sec- specified in section 2303(a), before the date of paragraph (1)(B)(i) to participate in the Pro- ondary Education Act of 1965 (20 U.S.C. 7801). enactment of this section. gram under this section and receive financial ‘‘(b) PROGRAM AUTHORIZATION.—The Sec- ‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se- assistance under subsection (e) unless the retary of Defense (in this section referred to lection of eligible members of the armed member executes a written agreement to as the ‘Secretary’) may carry out a program forces to participate in the Program shall be serve as a member of the Selected Reserve of (to be known as the ‘Troops-to-Teachers Pro- made on the basis of applications submitted a reserve component of the armed forces for gram’)— to the Secretary within the time periods a period of not less than 3 years. ‘‘(1) to assist eligible members of the specified in subparagraph (B). An application ‘‘(e) PARTICIPATION AGREEMENT AND FINAN- armed forces described in subsection (d) to shall be in such form and contain such infor- CIAL ASSISTANCE.— obtain certification or licensing as elemen- mation as the Secretary may require. ‘‘(1) PARTICIPATION AGREEMENT.—(A) An el- tary school teachers, secondary school ‘‘(B) An application shall be considered to igible member of the armed forces selected teachers, or career and technical education be submitted on a timely basis under sub- to participate in the Program under sub- teachers, and to become highly qualified paragraph (A)(i), (B), or (C) of paragraph (1) section (b) and receive financial assistance teachers; and if the application is submitted not later than under this subsection shall be required to ‘‘(2) to facilitate the employment of such 3 years after the date on which the member enter into an agreement with the Secretary members— is retired, separated, or released from active in which the member agrees— ‘‘(A) by local educational agencies or char- duty, whichever applies to the member. ‘‘(i) within such time as the Secretary may ter schools that the Secretary of Education ‘‘(3) SELECTION CRITERIA; EDUCATIONAL require, to obtain certification or licensing identifies as— BACKGROUND REQUIREMENTS AND HONORABLE as an elementary school teacher, secondary ‘‘(i) receiving grants under part A of title SERVICE REQUIREMENT.—(A) Subject to sub- school teacher, or career and technical edu- I of the Elementary and Secondary Edu- paragraphs (B) and (C), the Secretary shall cation teacher, and to become a highly quali- cation Act of 1965 (20 U.S.C. 6301 et. seq.) as prescribe the criteria to be used to select eli- fied teacher; and a result of having within their jurisdictions gible members of the armed forces to partici- ‘‘(ii) to accept an offer of full-time employ- concentrations of children from low-income pate in the Program. ment, to begin the school year after obtain- families; or ‘‘(B)(i) If a member of the armed forces is ing that certification or licensing, as an ele- ‘‘(ii) experiencing a shortage of highly applying for assistance for placement as an mentary school teacher, secondary school qualified teachers, in particular a shortage elementary school or secondary school teacher, or career and technical education of highly qualified science, mathematics, teacher, the Secretary shall require the teacher for not less than 3 school years special education, foreign language, or ca- member to have received a baccalaureate or with— reer and technical education teachers; or advanced degree from an accredited institu- ‘‘(I) a local educational agency receiving ‘‘(iii) a Bureau-funded school (as such term tion of higher education. grant funds under part A of title I of the Ele- is defined in section 1141 of the Education ‘‘(ii) If a member of the armed forces is ap- mentary and Secondary Education Act of Amendments of 1978 (25 U.S.C. 2021)); and plying for assistance for placement as a ca- 1965 (20 U.S.C. 6311 et seq.); ‘‘(B) in elementary schools or secondary reer and technical education teacher, the ‘‘(II) a public charter school (as such term schools, or as career and technical education Secretary shall require the member— is defined in section 2102 of the Elementary teachers. ‘‘(I) to have received the equivalent of 1 and Secondary Education Act of 1965 (20 ‘‘(c) COUNSELING AND REFERRAL SERV- year of college from an accredited institu- U.S.C. 6602)) residing in such a local edu- ICES.—The Secretary may provide counseling tion of higher education or the equivalent in cational agency; or

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7766 CONGRESSIONAL RECORD — SENATE November 17, 2011 ‘‘(III) a Bureau-funded school (as such term ‘‘(A) The participant fails to obtain teach- ‘‘1154. Assistance to eligible members and is defined in section 1141 of the Education er certification or licensing, to become a former members to obtain em- Amendments of 1978 (25 U.S.C. 11 2021)). highly qualified teacher, or to obtain em- ployment as teachers: Troops- ‘‘(B) The Secretary may waive the 3-year ployment as an elementary school teacher, to-Teachers Program.’’. commitment described in subparagraph secondary school teacher, or career and tech- (c) CONFORMING AMENDMENT.—Section (A)(ii) for a participant if the Secretary de- nical education teacher as required by the 1142(b)(4)(C) of such title is amended by termines such waiver to be appropriate. If participation agreement under subsection striking ‘‘under sections 1152 and 1153 of this the Secretary provides the waiver, the par- (e)(1). title and the Troops-to-Teachers Program ticipant shall not be considered to be in vio- ‘‘(B) The participant voluntarily leaves, or under section 2302 of the Elementary and lation of the agreement and shall not be re- is terminated for cause from, employment as Secondary Education Act of 1965 (20 U.S.C. quired to provide reimbursement under sub- an elementary school teacher, secondary 6672)’’ and inserting ‘‘under sections 1152, section (f), for failure to meet the 3-year school teacher, or career and technical edu- 1153, and 1154 of this title’’. commitment. cation teacher during the 3 years of required (d) TERMINATION OF ORIGINAL PROGRAM.— ‘‘(2) VIOLATION OF PARTICIPATION AGREE- service in violation of the participation (1) TERMINATION.— MENT; EXCEPTIONS.—A participant in the Pro- agreement. (A) Chapter A of subpart 1 of Part C of title gram shall not be considered to be in viola- ‘‘(C) The participant executed a written II of the Elementary and Secondary Edu- tion of the participation agreement entered agreement with the Secretary concerned cation Act of 1965 (20 U.S.C. 6671 et seq.) is into under paragraph (1) during any period in under subsection (d)(5)(B) to serve as a mem- repealed. which the participant— ber of a reserve component of the armed (B) The table of contents in section 2 of ‘‘(A) is pursuing a full-time course of study forces for a period of 3 years and fails to Part I of the Elementary and Secondary related to the field of teaching at an institu- complete the required term of service. Education Act 1965 is amended by striking tion of higher education; ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partic- the items relating to such chapter. ‘‘(B) is serving on active duty as a member ipant required to reimburse the Secretary (2) EXISTING AGREEMENTS.—The repeal of of the armed forces; for a stipend or bonus paid to the participant chapter A of subpart 1 of Part C of title II of ‘‘(C) is temporarily totally disabled for a under subsection (e) shall pay an amount the Elementary and Secondary Education period of time not to exceed 3 years as estab- that bears the same ratio to the amount of Act of 1965 (20 U.S.C. 6671 et seq.) by para- lished by sworn affidavit of a qualified physi- the stipend or bonus as the unserved portion graph (1)(A) shall not affect the validity or cian; of required service bears to the 3 years of re- terms of any agreement entered into before ‘‘(D) is unable to secure employment for a quired service. Any amount owed by the par- the date of the enactment of this Act under period not to exceed 12 months by reason of ticipant shall bear interest at the rate equal such chapter, or to pay assistance, make the care required by a spouse who is dis- to the highest rate being paid by the United grants, or obtain reimbursement in connec- abled; States on the day on which the reimburse- tion with such an agreement as in effect be- ‘‘(E) is a highly qualified teacher who is ment is determined to be due for securities fore such repeal. seeking and unable to find full-time employ- having maturities of 90 days or less and shall (e) EFFECTIVE DATE.—The amendments ment as a teacher in an elementary school or accrue from the day on which the partici- made by this section shall take effect on the secondary school or as a career and technical pant is first notified of the amount due. first day of the first month beginning more education teacher for a single period not to ‘‘(3) TREATMENT OF OBLIGATION.—The obli- than 180 days after the date on which the exceed 27 months; or gation to reimburse the Secretary under this Secretary of Defense provides the appro- ‘‘(F) satisfies the provisions of additional subsection is, for all purposes, a debt owing priate committees of Congress with written reimbursement exceptions that may be pre- the United States. A discharge in bank- notice that the Secretary of Defense has scribed by the Secretary. ruptcy under title 11 shall not release a par- elected to administer the program in accord- ‘‘(3) STIPEND AND BONUS FOR PARTICI- ticipant from the obligation to reimburse ance with subsection (a), or on such earlier PANTS.—(A) Subject to subparagraph (C), the the Secretary under this subsection. date as the Secretary of Education and the Secretary may pay to a participant in the ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE- Secretary of Defense may jointly provide. Program selected under this section a sti- QUIREMENT.—A participant shall be excused (f) REPORT.— pend to cover expenses incurred by the par- from reimbursement under this subsection if (1) IN GENERAL.—Not later than April 1, ticipant to obtain the required educational the participant becomes permanently totally 2012, the Secretary of Defense and the Sec- level, certification or licensing. Such stipend disabled as established by sworn affidavit of retary of Education shall jointly submit to may not exceed $5,000 and may vary by par- a qualified physician. The Secretary may the appropriate committees of Congress a re- ticipant. also waive the reimbursement in cases of ex- port on the Troops-to-Teachers Program. ‘‘(B) Subject to subparagraph (C), the Sec- treme hardship to the participant, as deter- The report shall include the following: retary may pay a bonus of up to $10,000 to a mined by the Secretary. (A) A summary of the funding of the participant in the Program selected under ‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSIST- Troops-to-Teachers Program since its incep- this section who agrees in the participation ANCE UNDER MONTGOMERY GI BILL.—The re- tion and projected funding of the program agreement under paragraph (1) to become a ceipt by a participant in the Program of a during the period covered by the future- highly qualified teacher and to accept full- stipend or bonus under subsection (e) shall years defense program submitted to Congress time employment as an elementary school not reduce or otherwise affect the entitle- during 2011. teacher, secondary school teacher, or career ment of the participant to any benefits (B) The number of past participants in the and technical education teacher for not less under chapter 30 or 33 of title 38 or chapter Troops-to-Teachers Program by year, the than 3 school years in a high-need school. 1606 of this title. number of past participants who have ful- Such bonus may vary by participant and ‘‘(h) PARTICIPATION BY STATES.— filled, and have not fulfilled, their service may take into account the priority place- ‘‘(1) DISCHARGE OF STATE ACTIVITIES obligation under the program, and the num- ments as determined by the Secretary. THROUGH CONSORTIA OF STATES.—The Sec- ber of waivers of such obligations (and the ‘‘(C)(i) The total number of stipends that retary may permit States participating in reasons for such waivers). may be paid under subparagraph (A) in any the Program to carry out activities author- (C) A discussion and assessment of the cur- fiscal year may not exceed 5,000. ized for such States under the Program rent and anticipated effects of recent eco- ‘‘(ii) The total number of bonuses that may through one or more consortia of such nomic circumstances in the United States, be paid under subparagraph (B) in any fiscal States. and cuts nationwide in State and local budg- year may not exceed 3,000. ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to ets, on the ability of participants in the ‘‘(iii) The combination of stipend and subparagraph (B), the Secretary may make Troops-to-Teachers Program to obtain bonus for any one participant may not ex- grants to States participating in the Pro- teaching positions. ceed $10,000. gram, or to consortia of such States, in order (D) A discussion of the youth education ‘‘(4) TREATMENT OF STIPEND AND BONUS.—A to permit such States or consortia of States goals in the Troops-to-Teachers Program and stipend or bonus paid under this subsection to operate offices for purposes of recruiting the record of the program to date in pro- to a participant in the Program shall be eligible members of the armed forces for par- ducing teachers in high-need and other eligi- taken into account in determining the eligi- ticipation in the Program and facilitating ble schools. bility of the participant for Federal student the employment of participants in the Pro- (E) An assessment of the extent to which financial assistance provided under title IV gram as elementary school teachers, sec- the Troops-to-Teachers Program achieves its of the Higher Education Act of 1965 (20 U.S.C. ondary school teachers, and career and tech- purpose as a military transition assistance 1070 et. seq.). nical education teachers. program and, in particular, as transition as- ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR- ‘‘(B) The total amount of grants made sistance program for members of the Armed CUMSTANCES.— under subparagraph (A) in any fiscal year Forces who are nearing retirement or who ‘‘(1) REIMBURSEMENT REQUIRED.—A partici- may not exceed $5,000,000.’’. are voluntarily or involuntarily separating pant in the Program who is paid a stipend or (2) CLERICAL AMENDMENT.—The table of from military service. bonus under this subsection shall be required sections at the beginning of such chapter is (F) An assessment of the performance of to repay the stipend or bonus under the fol- amended by adding at the end the following the Troops-to-Teachers Program in pro- lowing circumstances: new item: viding qualified teachers to high-need public

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7767 schools, and reasons for expanding the pro- year, and for other purposes; which was her to the bill S. 1867, to authorize ap- gram to additional school districts. ordered to lie on the table; as follows: propriations for fiscal year 2012 for (G) A discussion and assessment of the ad- At the end of subtitle E of title II, add the military activities of the Department visability of the administration of the following: of Defense, for military construction, Troops-to-Teachers Program by the Depart- SEC. 262. REESTABLISHMENT OF REQUIREMENT ment of Education in consultation with the and for defense activities of the De- FOR ANNUAL REPORTS ON DEPART- partment of Energy, to prescribe mili- Department of Defense. MENT OF DEFENSE EFFORTS AND (2) DEFINITIONS.—In this subsection: PROGRAMS RELATING TO THE PRE- tary personnel strengths for such fiscal (A) APPROPRIATE COMMITTEES OF CON- VENTION, MITIGATION, AND TREAT- year, and for other purposes; which was GRESS.—The term ‘‘appropriate committees MENT OF BLAST INJURIES. ordered to lie on the table; as follows: Section 256(h)(1) of the National Defense of Congress’’ means— On page 28, strike lines 5 through 13 and in- Authorization Act for Fiscal Year 2006 (Pub- (i) the Committees on Armed Services and sert the following: Health, Education, Labor, and Pensions of lic Law 109–163; 119 Stat. 3181; 10 U.S.C. 1071 (a) IN GENERAL.—The Secretary of the Air the Senate; and note) is amended by inserting ‘‘and not later Force may not retire or prepare to retire any (ii) the Committees on Armed Services and than 270 days after the date of the enactment B-1 bomber aircraft until the date that is one Education and the Workforce of the House of of the National Defense Authorization Act year after the date on which the plan de- Representatives. for Fiscal Year 2012, and annually thereafter scribed in subsection (b) is received by the (B) TROOPS-TO-TEACHERS PROGRAM.—The through 2014,’’ after ‘‘through 2008,’’. congressional defense committees. term ‘‘Troops-to-Teachers Program’’ means the Troops-to-Teachers Program under sec- SA 1197. Mr. FRANKEN submitted an On page 29, strike lines 11 through 23. tion 1154 of title 10, United States Code (as amendment intended to be proposed by amended by subsection (b)), as authorized him to the bill S. 1867, to authorize ap- SA 1199. Mrs. HUTCHISON (for her- prior to the enactment of this Act by chap- propriations for fiscal year 2012 for self, Mr. BLUNT, Mr. MANCHIN, and Mr. ter A of subpart 1 of part C of title II of the military activities of the Department CHAMBLISS) submitted an amendment Elementary and Secondary Education Act of of Defense, for military construction, intended to be proposed by him to the 1965 (20 U.S.C. 6671 et seq.). and for defense activities of the De- bill S. 1867, to authorize appropriations for fiscal year 2012 for military activi- Mr. DURBIN submitted an partment of Energy, to prescribe mili- SA 1195. ties of the Department of Defense, for amendment intended to be proposed by tary personnel strengths for such fiscal military construction, and for defense him to the bill S. 1867, to authorize ap- year, and for other purposes; as fol- activities of the Department of Energy, propriations for fiscal year 2012 for lows: to prescribe military personnel military activities of the Department At the end of subtitle E of title VIII, add strengths for such fiscal year, and for of Defense, for military construction, the following: other purposes; which was ordered to and for defense activities of the De- SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS. lie on the table; as follows: partment of Energy, to prescribe mili- (a) IN GENERAL.—Section 15 of the Small At the end of title I, add the following: tary personnel strengths for such fiscal Business Act (15 U.S.C. 644) is amended by year, and for other purposes; which was adding at the end the following: Subtitle E—Army Programs ordered to lie on the table; as follows: ‘‘(s) REGULATIONS RELATING TO TIMELY SEC. 171. LIMITATION ON RETIREMENT OF C–23 PAYMENTS.— AIRCRAFT. At the end of subtitle A of title IX, add the ‘‘(1) REGULATIONS REQUIRED.—Not later following: (a) MAINTENANCE.—The Secretary of the than 1 year after the date of enactment of Army shall maintain not less than 42 C–23 SEC. 907. REPORT ON EXTENT OF AUTHORIZED this subsection, the Director of the Office of ACCESS TO MILITARY INSTALLA- aircraft, of which not less than— TION FOR UNAUTHORIZED MAR- Management and Budget, in consultation (1) 11 shall be available for the active com- KETING OF PRODUCTS AND SERV- with the Administrator, shall issue regula- ponent of the Army; ICES TO MILITARY PERSONNEL. tions that require any prime contractor (2) 4 shall be available for training oper- (a) REPORT REQUIRED.—Not later than 180 awarded a contract by the Federal Govern- ations; and days after the date of the enactment of this ment to make timely payments to sub- (3) 22 shall be available for domestic oper- Act, the Secretary of Defense shall submit to contractors that are small business con- ations in the continental United States. the Committees on Armed Services of the cerns. (b) LIMITATION ON RETIREMENT.—The Sec- Senate and the House of Representatives a ‘‘(2) CONSIDERATIONS.—In issuing the regu- retary of the Army may not retire (or pre- report setting forth an assessment of the ex- lations under paragraph (1), the Director of pare to retire) any C–23 aircraft, or keep any tent to which persons and entities employed the Office of Management and Budget, in such aircraft in a status considered excess to by institutions of higher education (for pur- consultation with the Administrator, shall the requirements of the possessing command poses of the Higher Education Act of 1965) consider— and awaiting disposition instructions, until who have otherwise authorized access to ‘‘(A) requiring a prime contractor to pay a the date that is one year after the date on military installations are engaged in the un- subcontractor that is a small business con- which each report under subsections (c)(2), authorized marketing of products and serv- cern not later than 30 days after the date on (d)(2), and (e)(2) has been received by the ices to members of the Armed Forces which the prime contractor receives a pay- congressional defense committees. through such access. ment from the Federal Government; (c) AIRLIFT STUDY AND REPORT.— (b) ELEMENTS.—The report required by sub- ‘‘(B) developing— (1) STUDY.—The Director of the National section (a) shall include the following: ‘‘(i) incentives for prime contractors that Guard Bureau, in consultation with the Chief (1) The assessment described in subsection pay subcontractors in accordance with the of Staff of the Army, the Chief of Staff of the (a). regulations; or Air Force, the Commander of the United (2) Such recommendations as the Secretary ‘‘(ii) penalties for prime contractors that States Northern Command, the Commander considers appropriate for mechanisms as fol- do not pay subcontractors in accordance of the United States Pacific Command, and lows: with the regulations; and the Administrator of the Federal Emergency (A) To assist members of the Armed Forces ‘‘(C) requiring that any subcontracting Management Agency, shall conduct a study in identifying persons and entities who are plan under paragraph (4) or (5) of section 8(d) to determine the number of fixed-wing and engaged in the unauthorized marketing of contain a detailed description of when and rotary-wing aircraft required to support the products and services to members of the how each subcontractor will be paid.’’. following missions at low, medium, mod- Armed Force through otherwise authorized (b) TECHNICAL AND CONFORMING AMEND- erate, high, and very-high levels of oper- access to military installations. MENTS.—Section 8(d)(6) of the Small Business ational risk: (B) To encourage members to report per- Act (15 U.S.C. 638(d)(6)) is amended— (A) Homeland defense. sons and entities who are so engaged to the (1) in subparagraph (F), by striking ‘‘and’’ (B) Contingency response. proper authorities. at the end; (C) Natural disaster-related response. (2) in subparagraph (G)(ii), by striking the (D) Humanitarian response. SA 1196. Mr. FRANKEN submitted an period at the end and inserting ‘‘; and’’; and (2) REPORT.—The Director shall submit to amendment intended to be proposed by (3) by adding at the end the following: the congressional defense committees a re- him to the bill S. 1867, to authorize ap- ‘‘(H) any information required to be in- port containing the study under paragraph cluded under the regulations issued under (1). propriations for fiscal year 2012 for section 15(s).’’. military activities of the Department (d) FLEET VIABILITY ASSESSMENT.— (1) ASSESSMENT.—The Secretary of the of Defense, for military construction, SA 1198. Mrs. HUTCHISON (for her- Army, in coordination with the Director of and for defense activities of the De- self, Mr. JOHNSON of South Dakota, Mr. the Fleet Viability Board of the Air Force, partment of Energy, to prescribe mili- THUNE, and Mr. CORNYN) submitted an shall conduct a fleet viability assessment tary personnel strengths for such fiscal amendment intended to be proposed by with respect to C–23 aircraft.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7768 CONGRESSIONAL RECORD — SENATE November 17, 2011 (2) REPORT.—The Secretary shall submit to (5) The sale of F–16C/Ds to Taiwan would KLOBUCHAR, Ms. LANDRIEU, Mr. LAU- the congressional defense committees a re- both sustain existing high-skilled jobs in key TENBERG, Mr. LEE, Mr. LUGAR, Mr. port containing the assessment under para- United States manufacturing sectors and MANCHIN, Mrs. MCCASKILL, Mr. MENEN- graph (1). create new ones. DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. (e) GAO SUFFICIENCY REVIEW.— (6) On August 1, 2011, a bipartisan group of (1) REVIEW.—The Comptroller General of 181 members of the House of Representatives MORAN, Mrs. MURRAY, Mr. NELSON of the United States shall conduct a sufficiency sent a letter to the President, expressing Nebraska, Mr. PRYOR, Mr. RISCH, Mr. review of the study under subsection (c)(1). support for the sale of F–16C/Ds to Taiwan. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, (2) REPORT.—Not later than 180 days after On May 26, 2011, a bipartisan group of 45 Ms. SNOWE, Ms. STABENOW, Mr. TESTER, the date on which the Director of the Na- members of the Senate sent a similar letter Mr. UDALL of Colorado, Mr. VITTER, tional Guard Bureau submits the report to the President, expressing support for the Mr. WARNER, Mr. WHITEHOUSE, Mr. under subsection (c)(2), the Comptroller Gen- sale. Two other members of the Senate wrote WYDEN, Mr. TOOMEY, and Mr. KERRY) to eral shall submit to the congressional de- separately to the President or the Secretary the bill S. 1867, to authorize appropria- fense committees a report containing the re- of State in 2011 and expressed support for view under paragraph (1). this sale. tions for fiscal year 2012 for military (b) SENSE OF CONGRESS.—It is the sense of activities of the Department of De- SA 1200. Mr. CORNYN (for himself, Congress that— fense, for military construction, and Mr. MENENDEZ, Mr. INHOFE, Mr. (1) a critical element to maintaining peace for defense activities of the Depart- LIEBERMAN, Mr. WYDEN, and Mr. and stability in Asia in the face of China’s ment of Energy, to prescribe military BLUMENTHAL) submitted an amendment two-decade-long program of military mod- personnel strengths for such fiscal intended to be proposed by him to the ernization and expansion of military capa- year, and for other purposes; which was bill S. 1867, to authorize appropriations bilities is ensuring a militarily strong and confident Taiwan; ordered to lie on the table; as follows: for fiscal year 2012 for military activi- In lieu of the matter proposed to be in- ties of the Department of Defense, for (2) a Taiwan that is confident in its ability to deter Chinese aggression will increase its serted, insert the following: military construction, and for defense ability to proceed in developing peaceful re- TITLE XVI—NATIONAL GUARD MATTERS activities of the Department of Energy, lations with China in areas of mutual inter- to prescribe military personnel SEC. 1601. REPORT ON NATIONAL GUARD EM- est; POWERMENT. strengths for such fiscal year, and for (3) the cross-Strait military balance be- (a) INDEPENDENT STUDY REQUIRED.—The other purposes; which was ordered to tween China and our longstanding strategic Secretary of Defense shall provide for the lie on the table; as follows: partner, Taiwan, has clearly shifted in Chi- conduct of an independent study on the ad- At the end of subtitle H of title X, add the na’s favor; visability of making the Chief of the Na- following: (4) China’s military expansion poses a clear tional Guard Bureau a member of the Joint SEC. 1088. SALE OF F–16 AIRCRAFT TO TAIWAN. and present danger to Taiwan, and this Chiefs of Staff. (a) FINDINGS.—Congress makes the fol- threat has very serious implications for the (b) ELEMENTS.—The Secretary shall ensure lowing findings: ability of the United States to fulfill its se- that the independent study group conducting (1) The Department of Defense, in its 2011 curity obligations to allies in the region and the study required by subsection (a) con- report to Congress on ‘‘Military and Security protect our vital United States national in- siders the near-term and long-range implica- Developments Involving the People’s Repub- terests in East Asia; tions associated with making an advisor to lic of China,’’ found that ‘‘China continued (5) Taiwan’s air force continues to deterio- the Secretary of the Air Force and the Sec- modernizing its military in 2010, with a focus rate, and it needs additional advanced retary of the Army on matters relating to on Taiwan contingencies, even as cross- multirole fighter aircraft in order to mod- the reserve components of the Armed Forces Strait relations improved. The PLA seeks ernize its fleet and maintain a sufficient self- a member of the Joint Chiefs of Staff. The the capability to deter Taiwan independence defense capability; study shall encompass, but not necessarily and influence Taiwan to settle the dispute on (6) the United States has a statutory obli- be limited to, the following considerations: Beijing’s terms. In pursuit of this objective, gation under the Taiwan Relations Act (22 (1) The roles and functions of the Joint Beijing is developing capabilities intended to U.S.C. 3301 et seq.) to provide Taiwan the de- Chiefs of Staff. deter, delay, or deny possible U.S. support fense articles necessary to enable Taiwan to (2) The roles and functions of the Army Na- for the island in the event of conflict. The maintain sufficient self-defense capabilities, tional Guard, the Air National Guard, the balance of cross-Strait military forces and in furtherance of maintaining peace and sta- Army National Guard of the United States, capabilities continues to shift in the main- bility in the western Pacific region; and the Air National Guard of the United land’s favor.’’ In this report, the Department (7) in order to comply with the Taiwan Re- States. of Defense also concludes that, over the next lations Act, the United States must provide (3) The roles and functions of the Chief of decade, China’s air force will remain pri- Taiwan with additional advanced multirole the National Guard Bureau. marily focused on ‘‘building the capabilities fighter aircraft, as well as significant up- (4) The effects on the principle of civilian required to pose a credible military threat to grades to Taiwan’s existing fleet of multirole control of the military and accountability in Taiwan and U.S. forces in East Asia, deter fighter aircraft; and adding a member to the Joint Chiefs of Staff Taiwan independence, or influence Taiwan to (8) the proposed sale of F–16C/D multirole who is not subject to the oversight of a sin- settle the dispute on Beijing’s terms’’. fighter aircraft to Taiwan would have sig- gle appointed and confirmed Secretary of a (2) The Defense Intelligence Agency (DIA) nificant economic benefits to the United military department. conducted a preliminary assessment of the States economy. (5) The precedent and potential long-term status and capabilities of Taiwan’s air force (c) SALE OF AIRCRAFT.—The President shall implications of adding a member to the in an unclassified report, dated January 21, carry out the sale of no fewer than 66 F–16C/ Joint Chiefs of Staff who is not the chief of 2010. The DIA found that, ‘‘[a]lthough Tai- D multirole fighter aircraft to Taiwan. an Armed Force. wan has nearly 400 combat aircraft in serv- (6) The impact, if any, on the deliberations ice, far fewer of these are operationally capa- SA 1201 Mr. WEBB submitted an of the Joint Chiefs of Staff of including a ble.’’ The report concluded, ‘‘Many of Tai- amendment intended to be proposed to member who has been recommended for ap- wan’s fighter aircraft are close to or beyond amendment SA 1072 submitted by Mr. pointment as the Chief of the National service life, and many require extensive LEAHY (for himself, Mr. GRAHAM, Mr. Guard Bureau by the governor of a State. maintenance support. The retirement of Mi- ROCKEFELLER, Ms. AYOTTE, Mr. AKAKA, (7) The effects on the principles of unity of rage and F–5 aircraft will reduce the total Mr. ALEXANDER, Mr. BAUCUS, Mr. command and unity of effort for the Depart- size of the Taiwan Air Force.’’ BEGICH, Mr. BENNET, Mr. BINGAMAN, ment of the Army and the Department of the (3) Since 2006, authorities from Taiwan Air Force. Mr. BLUMENTHAL, Mr. BLUNT, Mr. have made repeated requests to purchase 66 (8) The potential for confusing lines of au- F–16C/D multirole fighter aircraft from the BOOZMAN, Mrs. BOXER, Mr. BROWN of thority and representation under title 10, United States, in an effort to modernize the Massachusetts, Mr. BROWN of Ohio, Mr. United States Code, already in place for the air force of Taiwan and maintain its self-de- BURR, Ms. CANTWELL, Mr. CARDIN, Mr. Chief of Staff of the Army and the Chief of fense capability. CARPER, Mr. CASEY, Mr. COATS, Mr. Staff of the Air Force in meeting their re- (4) According to a report by the Perryman CONRAD, Mr. COONS, Mr. CORKER, Mr. sponsibilities as members of the Joint Chiefs Group, a private economic research and anal- CRAPO, Mr. DURBIN, Mr. ENZI, Mrs. of Staff. ysis firm, the requested sale of F–16C/Ds to FEINSTEIN, Mr. FRANKEN, Mrs. (9) The effects of altering the current stat- Taiwan ‘‘would generate some $8,700,000,000 utory balance for representation by each GILLIBRAND, Mr. GRASSLEY, Mrs. in output (gross product) and more than branch of the Armed Forces on the Joint 87,664 person-years of employment in the HAGAN, Mr. HARKIN, Mr. HELLER, Mr. Chiefs of Staff by altering their statutory US,’’ including 23,407 direct jobs, while ‘‘eco- HOEVEN, Mr. INHOFE, Mr. INOUYE, Mr. representation and the possible consequences nomic benefits would likely be realized in 44 JOHANNS, Mr. JOHNSON of Wisconsin, for intra-service and inter-service integra- states and the District of Columbia’’. Mr. JOHNSON of South Dakota, Ms. tion, progress toward more effective

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7769 jointness, and efforts to improve interoper- cised any authority provided under sub- awarded shall be awarded using a competi- ability. chapter IV of chapter 169 of this title (relat- tive and merit-based award process. (10) The findings and recommendations ing to alternative authority for the acquisi- (c) COMMUNITY PARTNERS.—A community contained in the reports issued by the Com- tion and improvement of military housing). partner described in this subsection is a pri- mission on the National Guard and Reserves. ‘‘(3) CONSISTENCY WITH INTERNATIONAL OBLI- vate non-profit organization or institution (11) The transition of the National Guard GATIONS.—Paragraph (1) shall be applied in a (or multiple organizations and institutions) from a strategic reserve force to an oper- manner consistent with the obligations of that— ational reserve force for the All-Volunteer the United States under international agree- (1) engages in each of the research, treat- Force. ments. ment, education, and outreach activities de- (12) Possible impacts on the other reserve ‘‘(4) DEFINITION OF PHOTOVOLTAIC DE- scribed in subsection (d); and components of the Armed Forces, including VICES.—In this subsection, the term ‘photo- (2) meets such qualifications for treatment perceptions regarding the Chief of the Na- voltaic devices’ means devices that convert as a community partner as the Secretary tional Guard Bureau having added respon- light directly into electricity. shall establish for purposes of the pilot pro- sibilities assigned as a member of the Joint ‘‘(5) EFFECTIVE DATE.—This subsection ap- gram. Chiefs of Staff. plies to photovoltaic devices procured or in- (d) ACTIVITIES.—Amounts awarded under a (13) The extent to which the existing statu- stalled on or after the date that is 30 days grant under the pilot program shall be uti- tory role of the Chief of the National Guard after the date of the enactment of the Na- lized by the community partner awarded the as advisor to the Secretary of Defense is suf- tional Defense Authorization Act for Fiscal grant for one or more of the following: ficient for all matters involving nonfederal- Year 2012 pursuant to contracts entered into (1) To engage in research on the causes, de- ized National Guard forces. before, on, or after such date of enactment.’’. velopment, and innovative treatment of (14) The qualifications of the Chief of the (b) CONFORMING REPEAL.—Section 846 of mental health and substance use disorders National Guard Bureau to provide requisite the Ike Skelton National Defense Authoriza- and Traumatic Brain Injury in members of insight into all levels of strategic planning tion Act for Fiscal Year 2011 (10 U.S.C. 2534 the National Guard and Reserves, their fam- as a member of the Joint Chiefs of Staff, and note) is repealed. ily members, and their caregivers. the risk of diluting understanding in the (2) To provide treatment to such members Armed Forces of the principle of supporting SA 1203. Mr. KOHL submitted an and their families for such mental health and supported command relationships. amendment intended to be proposed by and substance use disorders and Traumatic (c) REPORT.—Not later than 120 days after him to the bill S. 1867, to authorize ap- Brain Injury. the date of the enactment of this Act, the propriations for fiscal year 2012 for (3) To identify and disseminate evidence- Secretary shall submit to the congressional military activities of the Department based treatments of mental health and sub- defense committees a report on the study re- of Defense, for military construction, stance use disorders and Traumatic Brain In- quired by subsection (a). The report shall set jury described in paragraph (1). forth the results of the study, including the and for defense activities of the De- partment of Energy, to prescribe mili- (4) To provide outreach and education to matters specified in subsection (b), and in- such members, their families and caregivers, clude such comments and recommendations tary personnel strengths for such fiscal and the public about mental health and sub- in light of the results of the study as the year, and for other purposes; which was stance use disorders and Traumatic Brain In- Secretary considers appropriate. ordered to lie on the table; as follow: jury described in paragraph (1). On page 65, strike lines 20 through 23 and (e) REQUIREMENT FOR MATCHING FUNDS.— SA 1202. Mr. UDALL of New Mexico insert the following: (1) REQUIREMENT.—The Secretary may (for himself and Mr. SCHUMER) sub- (b) DEFINITION OF RENEWABLE ENERGY award a grant under this section to an orga- mitted an amendment intended to be SOURCE.—Section 2911(e)(2)(A) of title 10, nization or institution (or organizations and proposed by him to the bill S. 1867, to United States Code, is amended by inserting institutions) only if the awardee agrees to authorize appropriations for fiscal year ‘‘, including electricity and direct use’’ be- make contributions toward the costs of ac- 2012 for military activities of the De- fore the period at the end. tivities carried out with the grant, from non- partment of Defense, for military con- Federal sources (whether public or private), SA 1204. Mr. REED (for himself, Ms. an amount equal to not less than $3 for each struction, and for defense activities of AYOTTE, Mr. BLUMENTHAL, Mr. $1 of funds provided under the grant. the Department of Energy, to prescribe WHITEHOUSE, Mrs. GILLIBRAND, Mr. (2) NATURE OF NON-FEDERAL CONTRIBU- military personnel strengths for such LEAHY, and Mr. BROWN of Massachu- TIONS.—Contributions from non-Federal fiscal year, and for other purposes; setts) submitted an amendment in- sources for purposes of paragraph (1) may be which was ordered to lie on the table; tended to be proposed by him to the in cash or in-kind, fairly evaluated. Amounts as follows: bill S. 1867, to authorize appropriations provided by the Federal Government, or services assisted or subsidized to any signifi- At the end of subtitle B of title VIII, add for fiscal year 2012 for military activi- the following: cant extent by the Federal Government, may ties of the Department of Defense, for not be included in determining the amount SEC. 827. APPLICABILITY OF BUY AMERICAN ACT military construction, and for defense TO PROCUREMENT OF PHOTO- of contributions from non-Federal sources VOLTAIC DEVICES BY DEPARTMENT activities of the Department of Energy, for such purposes. OF DEFENSE. to prescribe military personnel (f) APPLICATION.—An organization or insti- (a) IN GENERAL.—Section 2534 of title 10, strengths for such fiscal year, and for tution (or organizations and institutions) United States Code, is amended by adding at other purposes; which was ordered to seeking a grant under this section shall sub- the end the following new subsection: lie on the table; as follow: mit to the Secretary an application there- ‘‘(k) PROCUREMENT OF PHOTOVOLTAIC DE- fore in such a form and containing such in- VICES.— At the end of subtitle C of title VII, add formation as the Secretary considers appro- ‘‘(1) CONTRACT REQUIREMENT.—The Sec- the following: priate, including the following: retary of Defense shall ensure that each con- SEC. 723. PILOT PROGRAM ON ENHANCEMENTS (1) A description how the activities pro- tract described in paragraph (2) awarded by OF DEPARTMENT OF DEFENSE EF- posed to be carried out with the grant will FORTS ON MENTAL HEALTH IN THE the Department of Defense includes a provi- NATIONAL GUARD AND RESERVES help improve collaboration and coordination sion requiring any photovoltaic devices in- THROUGH COMMUNITY PARTNER- on research initiatives, treatment, and edu- stalled pursuant to the contract, or pursuant SHIPS. cation and outreach on mental health and to a subcontract under the contract, to com- (a) PILOT PROGRAM AUTHORIZED.— substance use disorders and Traumatic Brain ply with the provisions of chapter 83 of title (1) IN GENERAL.—The Secretary of Defense Injury among the Armed Forces. 41 (commonly known as the ‘Buy American may carry out a pilot program to assess the (2) A description of existing efforts by the Act’), without regard to whether the con- feasibility and advisability of enhancing the applicant to put the research described in tract results in ownership of the photo- efforts of the Department of Defense in re- (c)(1) into practice. voltaic devices by the Department. search, treatment, education, and outreach (3) If the application comes from multiple ‘‘(2) CONTRACTS DESCRIBED.—The contracts on mental health and substance use dis- organizations and institutions, how the ac- described in this paragraph include energy orders and Traumatic Brain Injury (TBI) in tivities proposed to be carried out with the savings performance contracts, utility serv- members of the National Guard and Re- grant would improve coordination and col- ice contracts, power purchase agreements, serves, their family members, and their care- laboration among such organizations and in- land leases, and private housing contracts givers through community partners de- stitutions. pursuant to which any photovoltaic devices scribed in subsection (c). (4) If the applicant proposes to provide are installed on property or in a facility— (2) DURATION.—The duration of the pilot services or treatment to members of the ‘‘(A) owned by the Department of Defense; program may not exceed three years. Armed Forces or family members using ‘‘(B) leased to the Department of Defense; (b) GRANTS.—In carrying out the pilot pro- grant amounts, reasonable assurances that or gram, the Secretary may award not more such services or treatment will be provided ‘‘(C) with respect to which the Secretary of than five grants to community partners de- by a qualified provider. the military department concerned has exer- scribed in subsection (c). Any grant so (5) Plans to comply with subsection (g).

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(g) EXCHANGE OF MEDICAL AND CLINICAL IN- SEC. 634. COMMENCEMENT OF RECEIPT OF NON- programs selected under subparagraph (A) FORMATION.—A community partner awarded REGULAR SERVICE RETIRED PAY BY for purposes of such report, and a description a grant under the pilot program shall agree RETIRED MEMBERS OF THE RE- of the actions taken by the Department to to any requirements for the sharing of med- SERVES ON ACTIVE FEDERAL STA- manage or reduce such risk. TUS OR ACTIVE DUTY FOR SIGNIFI- ical or clinical information obtained pursu- CANT PERIODS. (C) An assessment by the Comptroller Gen- ant to the grant that the Secretary shall es- (a) ELIGIBILITY FOR NON-REGULAR SERVICE eral of the extent to which the programs se- tablish for purposes of the pilot program. RETIRED PAY.—Section 12731(f)(2) of title 10, lected under subparagraph (A) for purposes The exchange of medical or clinical informa- United States Code, is amended— of such report employ best practices for the tion pursuant to this subsection shall com- (1) in subparagraph (A), by striking ‘‘Ready acquisition of information technology sys- ply with applicable privacy and confiden- Reserve’’ and inserting ‘‘Reserves’’; and tems, as identified by the Comptroller Gen- tiality laws. (2) in subparagraph (B)(i), by inserting ‘‘or eral, the Defense Science Board, and the De- partment. (h) DISSEMINATION OF INFORMATION.—The section 688a’’ after ‘‘section 12301(d)’’. (b) PRELIMINARY REPORT.— Secretary of Defense shall share with the (b) RETROACTIVE EFFECTIVE DATE.—The (1) IN GENERAL.—Not later than September Secretary of Veterans Affairs information on amendments made by subsection (a) shall 30, 2012, the Comptroller General shall sub- best practices in research, treatment, edu- take effect as of January 28, 2008, and as if mit to the appropriate committees of Con- cation, and outreach on mental health and included in the National Defense Authoriza- gress a report setting forth the following: substance use disorders and Traumatic Brain tion Act for Fiscal Year 2008 (Public Law 110–181) as enacted. (A) The metrics to be used by the Comp- Injury identified by the Secretary of Defense troller General for the reports submitted as a result of the pilot program. SA 1206. Mrs. BOXER (for herself, Mr. under subsection (a). (i) REPORT.—Not later than 180 days before GRASSLEY, Mr. ROCKEFELLER, Mrs. (B) A preliminary assessment on the mat- the completion of the pilot program, the ters set forth under subsection (a)(2). MCCASKILL, Mr. AKAKA, Mr. FRANKEN, Secretary of Defense shall submit to the Sec- (2) BRIEFINGS.—In developing metrics for retary of Veterans Affairs, and to Congress, and Mr. BROWN of Ohio) submitted an purposes of the report required by paragraph a report on the pilot program. The report amendment intended to be proposed by (1)(A), the Comptroller General shall provide shall include the following: him to the bill S. 1867, to authorize ap- the appropriate committees of Congress with (1) A description of the pilot program, in- propriations for fiscal year 2012 for periodic briefings on the development of cluding the community partners awarded military activities of the Department such metrics. grants under the pilot program, the amount of Defense, for military construction, (c) DEFINITIONS.—In this section: of grants so awarded, and the activities car- and for defense activities of the De- (1) The term ‘‘appropriate committees of ried out using such grant amounts. Congress’’ means— (2) A description of any research efforts ad- partment of Energy, to prescribe mili- (A) the Committee on Armed Services, the vanced using such grant amounts. tary personnel strengths for such fiscal Committee on Homeland Security and Gov- (3) The number of members of the National year, and for other purposes; which was ernmental Affairs, and the Committee on Guard and Reserves provided treatment or ordered to lie on the table; as follows: Appropriations of the Senate; and services by community partners using such Strike section 842 of division A and insert (B) the Committee on Armed Services, the grant amounts, and a summary of the types the following: Committee on Oversight and Government of treatment and services so provided. SEC. 842. LIMITATION ON DEFENSE CONTRACTOR Reform, and the Committee on Appropria- (4) A description of the education and out- COMPENSATION. tions of the House of Representatives. reach activities undertaken using such grant Section 2324(e)(1)(P) of title 10, United (2) The term ‘‘major automated informa- amounts. States Code, is amended to read as follows: tion system program’’ has the meaning given (5) A description of efforts to exchange ‘‘(P) Costs of compensation of contractor that term in section 2445a of title 10, United clinical information under subsection (g). and subcontractor employees for a fiscal States Code. (6) A description and assessment of the ef- year, regardless of the contract funding fectiveness and achievements of the pilot source, to the extent that such compensation SA 1208. Mr. HARKIN submitted an program with respect to research, treatment, exceeds the annual amount paid to the Presi- amendment intended to be proposed by education, and outreach on mental health dent of the United States in accordance with him to the bill H.R. 2354, making ap- and substance use disorders and Traumatic section 102 of title 3.’’. propriations for energy and water de- Brain Injury. velopment and related agencies for the (7) Such recommendations as the Secretary SA 1207. Mr. COBURN (for himself, fiscal year ending September 30, 2012, of Defense considers appropriate in light of Mr. LEVIN, and Mr. MCCAIN) submitted and for other purposes; which was or- the pilot program on the utilization of orga- an amendment intended to be proposed dered to lie on the table; as follows: nizations and institutions such as commu- by him to the bill S. 1867, to authorize In title III, in the matter under the head- nity partners under the pilot program in ef- appropriations for fiscal year 2012 for ing ‘‘ENERGY EFFICIENCY AND RENEWABLE EN- forts of the Department described in sub- military activities of the Department ERGY’’, before the period at the end, insert ‘‘: section (a). of Defense, for military construction, Provided further, That, within available funds (8) A description of the metrics used by the and for defense activities of the De- under this heading, the Secretary of Energy Secretary in making recommendations shall use not less than $20,000,000 for the En- under paragraph (7). partment of Energy, to prescribe mili- tary personnel strengths for such fiscal ergy Innovation Hub for Critical Materials, (j) AVAILABLE FUNDS.—Funds for the pilot including research focused on rare earths, program shall be derived from amounts au- year, and for other purposes; which was rare earth substitutes, and related materials, thorized to be appropriated for the Depart- ordered to lie on the table; as follows: on refining, recycling, minimizing, and ment of Defense for Defense Health Program At the end of subtitle G of title X, add the alloying rare earths and related materials, and otherwise available for obligation and following: and on use of rare earths and related mate- expenditure. SEC. 1080. COMPTROLLER GENERAL OF THE rials in electronics, energy, and information (k) DEFINITIONS.—In this section, the terms UNITED STATES REPORTS ON THE and related technologies and systems’’. ‘‘family member’’ and ‘‘caregiver’’, in the MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS OF THE DE- SA 1209. Mr. NELSON of Florida sub- case of a member of the National Guard or PARTMENT OF DEFENSE. Reserves, have the meaning given such terms mitted an amendment intended to be (a) ASSESSMENT REPORTS REQUIRED.— proposed by him to the bill S. 1867, to in section 1720G(d) of title 38, United States (1) IN GENERAL.—Not later than March 30 of Code, with respect to a veteran. each year from 2013 through 2018, the Comp- authorize appropriations for fiscal year troller General of the United States shall 2012 for military activities of the De- partment of Defense, for military con- SA 1205. Mr. KOHL submitted an submit to the appropriate committees of struction, and for defense activities of amendment intended to be proposed by Congress a report setting forth an assess- the Department of Energy, to prescribe him to the bill S. 1867, to authorize ap- ment of the performance of the major auto- mated information system programs of the military personnel strengths for such propriations for fiscal year 2012 for Department of Defense. fiscal year, and for other purposes; military activities of the Department (2) ELEMENTS.—Each report under sub- which was ordered to lie on the table; of Defense, for military construction, section (a) shall include the following: as follows: and for defense activities of the De- (A) An assessment by the Comptroller Gen- At the end of subtitle C of title VI, add the eral of the cost, schedule, and performance of partment of Energy, to prescribe mili- following: tary personnel strengths for such fiscal a representative variety of major automated information system programs selected by the SEC. lll. REPEAL OF REQUIREMENT OF RE- year, and for other purposes; which was DUCTION OF SURVIVOR BENEFITS ordered to lie on the table; as follows: Comptroller General for purposes of such re- PLAN SURVIVOR ANNUITIES BY DE- port. PENDENCY AND INDEMNITY COM- At the end of subtitle C of title VI, add the (B) An assessment by the Comptroller Gen- PENSATION. following: eral of the level of risk associated with the (a) REPEAL.—

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(1) IN GENERAL.—Subchapter II of chapter (2) the first day of the fiscal year that be- ment outreach, reintegration, and readjust- 73 of title 10, United States Code, is amended gins in the calendar year in which this Act is ment services to the following persons: as follows: enacted. (1) Members of reserve components of the (A) In section 1450, by striking subsection Armed Forces who reside in the State or are (c). SA 1210. Mr. NELSON of Florida sub- members of the State National Guard re- (B) In section 1451(c)— mitted an amendment intended to be gardless of place of residence and who are or- (i) by striking paragraph (2); and proposed by him to the bill S. 1867, to dered to active duty in support of a contin- (ii) by redesignating paragraphs (3) and (4) authorize appropriations for fiscal year gency operation. as paragraphs (2) and (3), respectively. 2012 for military activities of the De- (2) Members described in paragraph (1) upon their return from such active duty. (2) CONFORMING AMENDMENTS.—Such sub- partment of Defense, for military con- chapter is further amended as follows: (3) Veterans (as defined in section 101(2) of (A) In section 1450— struction, and for defense activities of title 38, United States Code). (i) by striking subsection (e); the Department of Energy, to prescribe (4) Dependents of persons described in (ii) by striking subsection (k); and military personnel strengths for such paragraph (1), (2), or (3). (iii) by striking subsection (m). fiscal year, and for other purposes; (b) ELEMENTS OF PROGRAMS.—Programs (B) In section 1451(g)(1), by striking sub- which was ordered to lie on the table; supported under subsection (a) shall use di- rect person-to-person outreach and other rel- paragraph (C). as follows: (C) In section 1452— evant activities to ensure that eligible per- At the end of subtitle C of title X, add the sons receive all the services and support (i) in subsection (f)(2), by striking ‘‘does following: not apply—’’ and all that follows and insert- available to them during pre-deployment, de- SEC. 1024. ASSESSMENT OF STATIONING OF ADDI- ing ‘‘does not apply in the case of a deduc- ployment, and reintegration periods. TIONAL DDG–51 CLASS DESTROYERS (c) MERIT-BASED OR COMPETITIVE DECI- tion made through administrative error.’’; AT NAVAL STATION MAYPORT, FLOR- SIONS.—A decision to commit, obligate, or and IDA. expend funds with or to a specific State Na- (ii) by striking subsection (g). (a) NAVY ASSESSMENT REQUIRED.— tional Guard under subsection (a) shall— (D) In section 1455(c), by striking ‘‘, (1) IN GENERAL.—Not later than one year (1) be based on merit-based selection proce- 1450(k)(2),’’. after the date of the enactment of this Act, dures in accordance with the requirements of (b) PROHIBITION ON RETROACTIVE BENE- the Secretary of the Navy shall conduct an sections 2304(k) and 2374 of title 10, United FITS.—No benefits may be paid to any person analysis of the costs and benefits of sta- States Code, or on competitive procedures; for any period before the effective date pro- tioning additional DDG–51 class destroyers and vided under subsection (f) by reason of the at Naval Station Mayport, Florida. (2) comply with other applicable provisions amendments made by subsection (a). (2) ELEMENTS.—The analysis required by of law. (c) PROHIBITION ON RECOUPMENT OF CERTAIN paragraph (1) shall include, at a minimum, (d) STATE DEFINED.—In this section, the AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- the following: term ‘‘State’’ means each of the several CIPIENTS.—A surviving spouse who is or has (A) Consideration of the negative effects on States, the Commonwealth of Puerto Rico, been in receipt of an annuity under the Sur- the ship repair industrial base at Naval Sta- the District of Columbia, Guam, and the Vir- vivor Benefit Plan under subchapter II of tion Mayport caused by the retirement of gin Islands. chapter 73 of title 10, United States Code, FFG–7 class frigates and the procurement (e) FUNDING.— that is in effect before the effective date pro- delays of the Littoral Combat Ship, includ- (1) FUNDS AVAILABLE.—The amount author- vided under subsection (f) and that is ad- ing, in particular, the increase in costs ized to be appropriated by section 301 and justed by reason of the amendments made by (which would be passed on to the taxpayer) available for operation and maintenance for subsection (a) and who has received a refund of reconstituting the ship repair industrial the Army National Guard as specified in the of retired pay under section 1450(e) of title base at Naval Station Mayport following the funding table in section 4301 is hereby in- 10, United States Code, shall not be required projected drastic decrease in workload. creased by $70,000,000, with the amount of the to repay such refund to the United States. (B) Updated consideration of life exten- increase to be available for assistance au- (d) REPEAL OF AUTHORITY FOR OPTIONAL sions of FFG–7 class frigates in light of con- thorized by this section. ANNUITY FOR DEPENDENT CHILDREN.—Section tinued delays in deliveries of the Littoral (2) OFFSETS.—(A) The amount authorized 1448(d) of such title is amended— Combat Ship deliveries. to be appropriated by section 301 and avail- (1) in paragraph (1), by striking ‘‘Except as (C) Consideration of the possibility of able for operation and maintenance for the provided in paragraph (2)(B), the Secretary bringing additional surface warships to Army as specified in the funding table in sec- concerned’’ and inserting ‘‘The Secretary Naval Station Mayport for maintenance with tion 4301 is hereby reduced by $33,400,000, concerned’’; and the consequence of spreading the ship repair with the amount of the reduction to be allo- (2) in paragraph (2)— workload appropriately amongst the various cated to amounts otherwise available for the (A) by striking ‘‘DEPENDENT CHILDREN.—’’ public and private shipyards and ensuring Army for recruiting and advertising. and all that follows through ‘‘In the case of the long-term health of the shipyard in (B) The amount authorized to be appro- a member described in paragraph (1),’’ and Mayport. priated by section 301 and available for oper- ation and maintenance for the Navy as speci- inserting ‘‘DEPENDENT CHILDREN ANNUITY (b) COMPTROLLER GENERAL OF THE UNITED fied in the funding table in section 4301 is WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the STATES ASSESSMENT.—Not later than 120 case of a member described in paragraph days after the submittal of the report re- hereby reduced by $16,200,000, with the (1),’’; and quired by subsection (a), the Comptroller amount of the reduction to be allocated to (B) by striking subparagraph (B). General of the United States shall submit to amounts otherwise available for the Navy for recruiting and advertising. (e) RESTORATION OF ELIGIBILITY FOR PRE- Congress an assessment by the Comptroller (C) The amount authorized to be appro- VIOUSLY ELIGIBLE SPOUSES.—The Secretary General of the report, including a determina- priated by section 301 and available for oper- of the military department concerned shall tion whether or not the report complies with ation and maintenance for the Marine Corps restore annuity eligibility to any eligible applicable best practices. as specified in the funding table in section surviving spouse who, in consultation with 4301 is hereby reduced by $11,700,000, with the the Secretary, previously elected to transfer SA 1211. Mrs. GILLIBRAND (for her- amount of the reduction to be allocated to payment of such annuity to a surviving child self and Mr. BLUNT) submitted an amendment intended to be proposed by amounts otherwise available for the Marine or children under the provisions of section Corps for recruiting and advertising. 1448(d)(2)(B) of title 10, United States Code, him to the bill S. 1867, to authorize ap- (D) The amount authorized to be appro- as in effect on the day before the effective propriations for fiscal year 2012 for priated by section 301 and available for oper- date provided under subsection (f). Such eli- military activities of the Department ation and maintenance for the Air Force as gibility shall be restored whether or not pay- of Defense, for military construction, specified in the funding table in section 4301 ment to such child or children subsequently and for defense activities of the De- is hereby reduced by $8,700,000, with the was terminated due to loss of dependent sta- amount of the reduction to be allocated to tus or death. For the purposes of this sub- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal amounts otherwise available for the Air section, an eligible spouse includes a spouse Force for recruiting and advertising. who was previously eligible for payment of year, and for other purposes; which was such annuity and is not remarried, or remar- ordered to lie on the table; as follows: SA 1212. Mr. INHOFE submitted an ried after having attained age 55, or whose At the end of subtitle H of title V, add the amendment intended to be proposed by second or subsequent marriage has been ter- following: him to the bill S. 1867, to authorize ap- minated by death, divorce or annulment. SEC. 577. SUPPORT FOR NATIONAL GUARD COUN- propriations for fiscal year 2012 for (f) EFFECTIVE DATE.—The sections and the SELING AND REINTEGRATION SERV- amendments made by this section shall take ICES. military activities of the Department effect on the later of— (a) ASSISTANCE AUTHORIZED.—The Sec- of Defense, for military construction, (1) the first day of the first month that be- retary of Defense may provide assistance to and for defense activities of the De- gins after the date of the enactment of this a State National Guard to support programs partment of Energy, to prescribe mili- Act; or to provide pre-deployment and post-deploy- tary personnel strengths for such fiscal

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Amounts reimbursed the Department of of Defense, for military construction, (a) STATE PARTNERSHIP PROGRAM.— Defense under this subsection shall be depos- and for defense activities of the De- (1) IN GENERAL.—Chapter 1 of title 32, ited in the appropriation or account from partment of Energy, to prescribe mili- United States Code, is amended by adding at which amounts for the payment concerned the end the following new section: tary personnel strengths for such fiscal were derived. Any amounts so deposited year, and for other purposes; which was ‘‘§ 116. State Partnership Program shall be merged with amounts in such appro- ‘‘(a) AVAILABILITY OF APPROPRIATED priation or account, and shall be available ordered to lie on the table; as follows: FUNDS.—(1) Funds appropriated to the De- for the same purposes, and subject to the At the end of subtitle H of title X, add the partment of Defense, including for the Air same conditions and limitations, as amounts following: and Army National Guard, shall be available in such appropriation or account. SEC. 1088. SENSE OF CONGRESS ON THE IMPOR- for the payment of costs to conduct activi- ‘‘(d) DEFINITIONS.—In this section: TANCE OF COMBATING CERTAIN ties under the State Partnership Program, ‘‘(1) The term ‘State Partnership Program’ THREATS AGAINST MILITARY UNITS whether inside the United States or outside means a program that establishes a defense AND FACILITIES IN THE UNITED the United States, for purposes as follows: and security relationship between the Na- STATES. ‘‘(A) To support the objectives of the com- tional Guard of a State or territory and the (a) FINDINGS.—Congress makes the fol- mander of the combatant command for the military and security forces, and related dis- lowing findings: theater of operations in which such contacts aster management, emergency response, and (1) Improvised Explosive Devices (IEDs) and activities are conducted. security ministries, of a foreign country. and Vehicle Born Improvised Explosive De- ‘‘(B) To support the objectives of the ‘‘(2) The term ‘activities’, for purposes of vices (VBIEDs) are being increasingly em- United States chief of mission of the partner the State Partnership Program, means any ployed by terrorists and other adversaries nation with which contacts and activities military-to-military activities or inter- against our forces around the world. are conducted. agency activities for a purpose set forth in (2) The IED and VBIED will continue to be ‘‘(C) To build international partnerships subsection (a)(1). a threat even after the current operations in and defense and security capacity. ‘‘(3) The term ‘interagency activities’ Iraq and Afghanistan are complete. ‘‘(D) To strengthen cooperation between means the following: (3) Terrorist organizations, hybrid threat the departments and agencies of the United ‘‘(A) Contacts between members of the Na- organizations, and other adversaries plan to States Government and agencies of foreign tional Guard and foreign civilian personnel use IEDs and VBIEDs against our military governments to support building of defense outside the ministry of defense of the foreign units and facilities within the United States. and security capacity. country concerned on matters within the (4) Such a strategy would degrade our abil- ‘‘(E) To facilitate intergovernmental col- core competencies of the National Guard. ity to project forces to respond to contin- laboration between the United States Gov- ‘‘(B) Contacts between United States civil- gencies around the world. ernment and foreign governments in the ian personnel and members of the Armed (5) The Joint Improvised Explosive Defeat areas of defense and security. Forces of a foreign country on matters with- Organization (JIEDDO) has proven to be very ‘‘(F) To facilitate and enhance the ex- in such core competencies. effective at combating the threat to our change of information between the United ‘‘(4) The term ‘matter within the core com- military overseas in support of our combat- States Government and foreign governments petencies of the National Guard’ means mat- ant commanders. on matters relating to defense and security. ters with respect to the following: (6) The success of JIEDDO is based on its ‘‘(2) Costs under paragraph (1) may include ‘‘(A) Disaster response and mitigation. methodology of defeat the device, attack the costs as follows: ‘‘(B) Defense support to civil authorities. enemy networks, and train friendly forces; ‘‘(A) Costs of pay and allowances of mem- ‘‘(C) Consequence management and instal- its broad authority to hasten innovations to bers of the National Guard. lation protection. the combat units; and its ability to fuse in- ‘‘(B) Travel and necessary expenses of ‘‘(D) Response to a chemical, biological, telligence from across the intelligence com- United States personnel outside of the De- radiological, nuclear, or explosives (CBRNE) munity. partment of Defense in the State Partner- event. (7) JIEDDO’s methodology could be lever- ship Program. ‘‘(E) Border and port security and coopera- aged by utilizing its intelligence fusion capa- ‘‘(C) Travel and necessary expenses of for- tion with civilian law enforcement. bility and its training capability against eign participants directly supporting activi- ‘‘(F) Search and rescue. threats within the United States. ties under the State Partnership Program. ‘‘(G) Medicine. (b) SENSE OF CONGRESS.—It is the sense of ‘‘(b) LIMITATIONS.—(1) Funds shall not be ‘‘(H) Counterdrug and counternarcotics ac- Congress that— available under subsection (a) for activities tivities. (1) the Department of Defense should lever- described in that subsection that are con- ‘‘(I) Public affairs. age JIEDDO’s capability and authority to ducted in a foreign country unless jointly ap- ‘‘(J) Employer support and family support combat terrorist organizations targeting the proved by the commander of the combatant for reserve forces. Armed Forces and facilities in the United command concerned and the chief of mission ‘‘(5) The term ‘United States civilian per- States; and concerned. sonnel’ means the following: (2) the Department of Defense should look ‘‘(2) Funds shall not be available under ‘‘(A) Personnel of the United States Gov- at expanding JIEDDO’s mandate to allow it subsection (a) for the participation of a ernment (including personnel of departments to cooperate with agencies responsible for member of the National Guard in activities and agencies of the United States Govern- the protection of the United States, includ- described in that subsection in a foreign ment other than the Department of Defense) ing the Department of Homeland Security, country unless the member is on active duty and personnel of State and local govern- U.S. Customs and Border Protection, the in the armed forces at the time of such par- ments of the United States. Federal Bureau of Investigation, the Bureau ticipation. ‘‘(B) Members and employees of the legisla- of Alcohol, Tobacco, Firearms, and Explo- ‘‘(3) Funds shall not be available under tive branch of the United States Govern- sives, and Federal, State, and local law en- subsection (a) for interagency activities in- ment. forcement. volving United States civilian personnel or ‘‘(C) Non-governmental individuals. foreign civilian personnel unless the partici- ‘‘(6) The term ‘foreign civilian personnel’ SA 1214. Ms. SNOWE (for herself, Ms. pation of such personnel in such activities— means the following: COLLINS, Mrs. MURRAY, Ms. MIKULSKI, ‘‘(A) contributes to responsible manage- ‘‘(A) Civilian personnel of a foreign govern- and Mr. CARDIN) submitted an amend- ment at any level (including personnel of ment of defense resources; ment intended to be proposed by her to ‘‘(B) fosters greater respect for and under- ministries other than ministries of defense). standing of the principle of civilian control ‘‘(B) Non-governmental individuals of a the bill S. 1867, to authorize appropria- of the military; foreign country.’’. tions for fiscal year 2012 for military ‘‘(C) contributes to cooperation between (2) CLERICAL AMENDMENT.—The table of activities of the Department of De- United States military and civilian govern- sections at the beginning of chapter 1 of such fense, for military construction, and mental agencies and foreign military and ci- title is amended by adding at the end the fol- for defense activities of the Depart- vilian government agencies; or lowing new item: ment of Energy, to prescribe military ‘‘(D) improves international partnerships ‘‘116. State Partnership Program.’’. personnel strengths for such fiscal and capacity on matters relating to defense (b) REPEAL OF SUPERSEDED AUTHORITY.— year, and for other purposes; which was and security. Section 1210 of the National Defense Author- ‘‘(c) REIMBURSEMENT.—In the event of the ization Act for Fiscal Year 2010 (Public Law ordered to lie on the table; as follows: participation of United States Government 111–84; 123 Stat. 2517; 32 U.S.C. 107 note) is re- At the end of subtitle A of title VII, add participants (other than personnel of the De- pealed. the following:

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INTEGRATED CARE MANAGEMENT OP- thorization Act for Fiscal Year 1997, as added support the activities of the American Reg- TIONS UNDER THE UNIFORMED by section 703(2) of this Act, the effective istry of Pathology’’; and SERVICES FAMILY HEALTH PLAN. date of such paragraph shall be the later of— (ii) by striking the second sentence; and (a) REPORT ON STRATEGY FOR INTEGRATED (1) the date of the submittal to Congress of (B) in paragraph (3), by striking ‘‘with the CARE MANAGEMENT OPTIONS.— the report required by subsection (b) of this concurrence of the Director of the Armed (1) IN GENERAL.—Not later than June 1, section; or Forces Institute of Pathology’’; 2012, the Secretary of Defense shall, in con- (2) the date that is one year after the date (2) in subsection (b)— junction with the Secretary of Health and of the enactment of this Act. (A) in paragraph (1), by striking ‘‘enter Human Services and the designated pro- into contracts with the Armed Forces Insti- viders under the uniformed services family SA 1215. Mr. CASEY (for himself, Mr. tute of Pathology’’ and inserting ‘‘enter into health plan (USFHP), submit to Congress a BARRASSO, Mr. BLUMENTHAL, Mr. BEN- contracts with any executive agency that report setting forth a strategy for providing NET, and Mr. WHITEHOUSE) proposed an provides medical or pathology services to integrated care management options for in- military personnel or military organizations dividuals who would otherwise qualify as amendment to the bill S. 1867, to au- thorize appropriations for fiscal year or that conducts research, education, or con- covered beneficiaries under section 724 of the sultation in the field of military medicine’’; National Defense Authorization Act for Fis- 2012 for military activities of the De- and cal Year 1997 (10 U.S.C.1073 note), without re- partment of Defense, for military con- (B) in paragraph (4), by inserting ‘‘and Re- gard to the amendments made by section 703 struction, and for defense activities of positories of Pathology’’ after ‘‘Registries of of this Act, utilizing appropriate elements of the Department of Energy, to prescribe Pathology’’; and the uniformed services family health plan, military personnel strengths for such (3) in subsection (d), by striking ‘‘to the TRICARE for Life, and the Medicare pro- Director and the Board of Governors of the gram. fiscal year, and for other purposes; as follows: Armed Forces Institute of Pathology and to (2) ELEMENTS.—The strategy required by the sponsors’’ and inserting ‘‘to its Board At the end of subtitle B of title XII, add this subsection shall include the following: and supporting organizations’’. (A) Mechanisms for ensuring an adequate the following: population base to sustain the uniformed SEC. 1230. CERTIFICATION REQUIREMENT RE- SA 1217. Mr. TESTER submitted an GARDING EFFORTS BY GOVERN- services family health plan, including the amendment intended to be proposed by termination of restrictions on enrollment of MENT OF PAKISTAN TO IMPLEMENT covered beneficiaries under the age of 65 if A STRATEGY TO COUNTER IMPRO- him to the bill S. 1867, to authorize ap- VISED EXPLOSIVE DEVICES. considered feasible for that purpose. propriations for fiscal year 2012 for (a) CERTIFICATION REQUIREMENT.— (B) Mechanisms (including the utilization military activities of the Department (1) IN GENERAL.—None of the amounts au- of demonstration projects currently author- of Defense, for military construction, thorized to be appropriated under this Act ized by law) to permit covered beneficiaries for the Pakistan Counterinsurgency Fund and for defense activities of the De- who are also eligible for the Medicare pro- may be made for the Government of Paki- partment of Energy, to prescribe mili- gram to receive integrated and coordinated stan until the Secretary of Defense, in con- tary personnel strengths for such fiscal care through the uniformed services family sultation with the Secretary of State, cer- year, and for other purposes; which was health plan, including mechanisms— tifies to the congressional defense commit- (i) to secure greater continuity of care for ordered to lie on the table; as follows: tees and the Committee on Foreign Rela- such beneficiaries who also have access to At the end of subtitle C of title VI, add the tions of the Senate and the Committee on health care benefits through TRICARE for following: Foreign Affairs of the House of Representa- Life; SEC. 634. MODIFICATION OF PER-FISCAL YEAR tives that the Government of Pakistan is (ii) to improve coordination and integra- CALCULATION OF DAYS OF CERTAIN demonstrating a continuing commitment to tion of health care management for such ACTIVE DUTY OR ACTIVE SERVICE and is making significant efforts towards the beneficiaries who also have access to health TO REDUCE ELIGIBILITY AGE FOR implementation of a strategy to counter im- RETIREMENT FOR NON-REGULAR care benefits through TRICARE for Life; and provised explosive devices (IEDs). SERVICE. (iii) to utilize innovative care management (2) SIGNIFICANT IMPLEMENTATION EFFORTS.— (a) ACCUMULATION OF 90-DAY PERIODS OF strategies to improve quality and health out- For purposes of this subsection, significant SERVICE WITHIN ANY TWO CONSECUTIVE FIS- comes, and reduce unneeded utilization of implementation efforts include attacking CAL YEARS.—Section 12731(f)(2)(A) of title 10, health care services on a long-term, sustain- IED networks, monitoring of known precur- United States Code, is amended by striking able basis. sors used in IEDs, and the development of a ‘‘in any fiscal year’’ and inserting ‘‘in any (C) Specific actions for the Department of strict protocol for the manufacture of explo- two consecutive fiscal years’’. Defense, and other departments and agencies sive materials, including calcium ammonium (b) RETROACTIVE EFFECTIVE DATE.—The of the Federal Government, to carry out the nitrate, and accessories and their supply to amendment made by subsection (a) shall strategy. legitimate end users. take effect as of January 28, 2008, and as if (D) Specific milestones to evaluate (b) WAIVER.—The Secretary of Defense, in included in the National Defense Authoriza- progress in carrying out the actions specified consultation with the Secretary of State, tion Act for Fiscal Year 2008 (Public Law under subparagraph (C), and to determine ac- may waive the requirements of subsection 110–181) as enacted. countability for meeting such milestones. (a) if the Secretary determines it is in the (E) An identification of current authorities national security interest of the United SA 1218. Mr. TESTER submitted an to be used in carrying out the strategy, and States to do so. amendment intended to be proposed by a description of any additional authorities him to the bill S. 1867, to authorize ap- considered advisable to carry out the strat- SA 1216. Mr. COONS submitted an egy. propriations for fiscal year 2012 for (b) REPORT ON ACTIONS REGARDING INTE- amendment intended to be proposed by military activities of the Department GRATED CARE MANAGEMENT OPTIONS.—Not him to the bill S. 1867, to authorize ap- of Defense, for military construction, later than one year after the date of the en- propriations for fiscal year 2012 for and for defense activities of the De- actment of this Act, the Secretary of De- military activities of the Department partment of Energy, to prescribe mili- fense shall, in conjunction with the Sec- of Defense, for military construction, retary of Health and Human Services, sub- tary personnel strengths for such fiscal and for defense activities of the De- year, and for other purposes; which was mit to the President and Congress a report partment of Energy, to prescribe mili- that describes the activities and efforts of ordered to lie on the table; as follows: the Department of Defense and the Depart- tary personnel strengths for such fiscal At the end of subtitle G of title X, add the ment of Health and Human Services in devel- year, and for other purposes; which was following: oping and evaluating integrated care man- ordered to lie on the table; as follows: SEC. 1080. REPORT ON EXTENSION OF AUTHOR- agement options for individuals who would At the end of subtitle H of title X, add the ITY FOR USE OF COMMISSARY AND otherwise qualify as covered beneficiaries following: EXCHANGE STORES TO VETERANS WITH CERTAIN SERVICE-CON- under section 724 of the National Defense Au- SEC. 1088. TECHNICAL AMENDMENTS RELATING NECTED DISABILITIES. thorization Act for Fiscal Year 1997, without TO THE TERMINATION OF THE regard to the amendment made by section ARMED FORCES INSTITUTE OF PA- (a) REPORT REQUIRED.—Not later than 180 703 of this Act, through the uniformed serv- THOLOGY UNDER DEFENSE BASE days after the date of the enactment of this ices family health plan, in conjunction with CLOSURE AND REALIGNMENT. Act, the Secretary of Defense shall submit to TRICARE for Life and the Medicare pro- Section 177 of title 10, United States Code, the appropriate committees of Congress a re- gram. is amended— port setting forth an assessment of the (c) MODIFICATION OF EFFECTIVE DATE OF (1) in subsection (a)— feasability and advisability of permitting TRANSITION ENROLLMENT LIMITATIONS.—Not- (A) in paragraph (2)— each category of veterans specified in sub- withstanding the effective date of September (i) by striking ‘‘which sponsor individual section (b) to use the commissary and ex- 30, 2011, otherwise specified in paragraph (2) registries of pathology at the Armed Forces change stores of the Department of Defense of section 724(e) of the National Defense Au- Institute of Pathology’’ and inserting ‘‘that on the same basis as veterans with service-

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connected disabilities rated as 100 percent ‘‘(c) TERMINATION OF DUTY.—Whenever any partment of Defense submits to Congress a disabling. For each category of veterans the unit or member of the reserve components is report on its implementation of section 811 report shall set forth the following: ordered to active duty under this section, of the Fiscal Year 2010 National Defense Au- (1) An estimate of the cost of permitting the service of all units or members so or- thorization Act, the Comptroller General of such category of veterans access to com- dered to active duty may be terminated by the United States shall submit to the con- missary and exchange stores. order of the Secretary of Defense or law.’’. gressional defense committees a report set- (2) An estimate of the number of veterans (2) CLERICAL AMENDMENT.—The table of ting forth an assessment of the extent to in such category likely to use the com- sections at the beginning of such chapter, as which the implementation of such section missary and exchange stores if permitted ac- amended by section 511(a)(2), is further 811 by the Department ensures that sole- cess. amended by inserting after the item relating source contracts are awarded in applicable (3) An assessment of the effects on the to section 12304a the following new item: procurements only when those awards have services and operations of the commissary ‘‘12304b. Army Reserve, Navy Reserve, Ma- been determined to be in the best interest of and exchange stores of the use of such stores rine Corps Reserve, Air Force the Department. by such category of veterans. Reserve: order to active duty to (b) CATEGORIES OF VETERANS.—The cat- provide assistance in response SA 1221. Mr. LEVIN proposed an egories of veterans specified in this sub- to a major disaster or emer- amendment to the bill H.R. 2056, to in- section are the following: gency.’’. struct the Inspector General of the (1) Veterans with service-connected dis- (b) TREATMENT OF OPERATIONS AS CONTIN- Federal Deposit Insurance Corporation abilities rated as 70 percent or more dis- GENCY OPERATIONS.—Section 101(a)(13)(B) of to study the impact of insured deposi- abling. such title is amended by inserting ‘‘12304b,’’ (2) Veterans with service-connected dis- tory institution failures, and for other after ‘‘12304,’’. abilities rated as 50 percent or more dis- purposes; as follows: (c) USUAL AND CUSTOMARY ARRANGEMENT.— abling. On page 2, line 10, insert ‘‘and’’ after the (1) DUAL-STATUS COMMANDER.—When the semicolon. (3) Veterans with service-connected dis- Armed Forces and the National Guard are abilities rated as 30 percent or more dis- On page 2, line 14, strike the semicolon and employed simultaneously in support of civil all that follows through line 19 and insert a abling. authorities in the United States, appoint- (c) APPROPRIATE COMMITTEES OF CONGRESS period. ment of a commissioned officer as a dual-sta- DEFINED.—In this section, the term ‘‘appro- On page 4, strike line 14 and all that fol- priate committees of Congress’’ means— tus commander serving on active duty and lows through page 5, line 5, and insert the (1) the Committee on Armed Services and duty in, or with, the National Guard of a following: the Committee on Veterans’ Affairs of the State under sections 315 or 325 of title 32, (2) LOSSES.—The significance of losses, in- Senate; and United States Code, as commander of Fed- cluding— (2) the Committee on Armed Services and eral forces by Federal authorities and as (A) the number of insured depository insti- the Committee on Veterans’ Affairs of the commander of State National Guard forces tutions that have been placed into receiver- House of Representatives. by State authorities, should be the usual and ship or conservatorship due to significant customary command and control arrange- losses arising from loans for which all pay- SA 1219. Mr. LEVIN (for himself and ment, including for missions involving a ments of principal, interest, and fees were Mr. WEBB) submitted an amendment major disaster or emergency as those terms current, according to the contractual terms intended to be proposed by him to the are defined in section 102 of the Robert T. of the loans; Stafford Disaster Relief and Emergency As- (B) the impact of significant losses arising bill S. 1867, to authorize appropriations sistance Act (42 U.S.C. 5122). The chain of for fiscal year 2012 for military activi- from loans for which all payments of prin- command for the Armed Forces shall remain cipal, interest, and fees were current, accord- ties of the Department of Defense, for in accordance with sections 162(b) and 164(c) ing to the contractual terms of the loans, on military construction, and for defense of title 10, United States Code. the ability of insured depository institutions activities of the Department of Energy, (2) STATE AUTHORITIES SUPPORTED.—When a to raise additional capital; to prescribe military personnel major disaster or emergency occurs in any (C) the effect of changes in the application strengths for such fiscal year, and for area subject to the laws of any State, Terri- of fair value accounting rules and other ac- other purposes; which was ordered to tory, or the District of Columbia, the Gov- counting standards, including the allowance lie on the table; as follows: ernor of the State affected normally should for loan and lease loss methodology, on in- be the principal civil authority supported by sured depository institutions, specifically At the end of subtitle B of title V, add the the primary Federal agency and its sup- following: the degree to which fair value accounting porting Federal entities, and the Adjutant rules and other accounting standards have SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, General of the State or his or her subordi- led to regulatory action against banks, in- NAVY RESERVE, MARINE CORPS RE- nate designee normally should be the prin- SERVE, AND AIR FORCE RESERVE TO cluding consent orders and closure of the in- ACTIVE DUTY TO PROVIDE ASSIST- cipal military authority supported by the stitution; and ANCE IN RESPONSE TO A MAJOR dual-status commander when acting in his or (D) whether field examiners are using ap- DISASTER OR EMERGENCY. her State capacity. propriate appraisal procedures with respect (a) AUTHORITY.— (3) RULE OF CONSTRUCTION.—Nothing in to losses arising from loans for which all (1) IN GENERAL.—Chapter 1209 of title 10, paragraphs (1) or (2) shall be construed to payments of principal, interest, and fees United States Code, as amended by section preclude or limit, in any way, the authori- were current, according to the contractual 511(a)(1), is further amended by inserting ties of the President, the Secretary of De- terms of the loans, and whether the applica- after section 12304a the following new sec- fense, or the Governor of any State to direct, tion of appraisals leads to immediate write tion: control, and prescribe command and control downs on the value of the underlying asset. ‘‘§ 12304b. Army Reserve, Navy Reserve, Ma- arrangements for forces under their com- On page 9, strike lines 15 through 19, and rine Corps Reserve, and Air Force Reserve: mand. insert the following: order to active duty to provide assistance SEC. 2. CONGRESSIONAL TESTIMONY. in response to a major disaster or emer- SA 1220. Mr. MCCAIN submitted an The Inspector General of the Federal De- gency amendment intended to be proposed by posit Insurance Corporation and the Comp- ‘‘(a) AUTHORITY.—When a Governor re- him to the bill S. 1867, to authorize ap- troller General of the United States shall ap- quests Federal assistance in responding to a propriations for fiscal year 2012 for pear before the Committee on Banking, major disaster or emergency (as those terms military activities of the Department Housing, and Urban Affairs of the Senate and are defined in section 102 of the Robert T. of Defense, for military construction, the Committee on Financial Services of the Stafford Disaster Relief and Emergency As- and for defense activities of the De- House of Representatives, not later than 150 days after the date of publication of the sistance Act (42 U.S.C. 5122)), the Secretary partment of Energy, to prescribe mili- of Defense may, without the consent of the study required under this Act to discuss the member affected, order any unit, and any tary personnel strengths for such fiscal outcomes and impact of Federal regulations member not assigned to a unit organized to year, and for other purposes; which was on bank examinations and failures. serve as a unit, of the Army Reserve, Navy ordered to lie on the table; as follows: Reserve, Marine Corps Reserve, and Air At the end of subtitle C of title VIII, SA 1222. Mr. LEVIN (for Mrs. FEIN- Force Reserve to active duty for a contin- add the following: STEIN (for herself and Ms. CANTWELL)) uous period of not more than 120 days to re- SEC. 848. COMPTROLLER GENERAL OF THE proposed an amendment to the bill spond to the Governor’s request. UNITED STATES REPORTS ON DE- H.R. 3321, to facilitate the hosting in ‘‘(b) EXCLUSION FROM STRENGTH LIMITA- PARTMENT OF DEFENSE IMPLEMEN- the United States of the 34th America’s TIONS.—Members ordered to active duty TATION OF JUSTIFICATION AND AP- Cup by authorizing certain eligible ves- under this section shall not be counted in PROVAL REQUIREMENTS FOR CER- computing authorized strength of members TAIN SOLE-SOURCE CONTRACTS. sels to participate in activities related on active duty or members in grade under Not later than 90 days after March 1, 2012, to the competition, and for other pur- this title or any other law. and March 1, 2013, the dates on which the De- poses; as follows:

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7775 Strike all after the enacting clause and in- SEC. 5. ENFORCEMENT. On page 30, line 1, strike ‘‘9’’ and insert sert the following: Notwithstanding sections 55102, 55103, and ‘‘10’’. SECTION 1. SHORT TITLE. 55111 of title 46, United States Code, an Eligi- This Act may be cited as the ‘‘America’s bility Certification shall be conclusive evi- SA 1224. Mrs. MURRAY submitted an Cup Act of 2011’’. dence to the Secretary of the Department of Homeland Security of the qualification of amendment intended to be proposed by SEC. 2. DEFINITIONS. the vessel for which it has been issued to her to the bill S. 1867, to authorize ap- In this Act: participate in the 34th America’s Cup as a propriations for fiscal year 2012 for (1) 34TH AMERICA’S CUP.—The term ‘‘34th competing vessel or a supporting vessel. military activities of the Department America’s Cup’’— SEC. 6. PENALTY. of Defense, for military construction, (A) means the sailing competitions, com- Any vessel participating in the 34th Amer- and for defense activities of the De- mencing in 2011, to be held in the United ica’s Cup as a competing vessel or supporting States in response to the challenge to the de- partment of Energy, to prescribe mili- vessel that has not received an Eligibility fending team from the United States, in ac- tary personnel strengths for such fiscal Certification or is not in compliance with cordance with the terms of the America’s year, and for other purposes; which was section 12112 of title 46, United States Code, Cup governing Deed of Gift, dated October 24, ordered to lie on the table; as follows: shall be subject to the applicable penalties 1887; and provided in chapters 121 and 551 of title 46, Strike section 702. (B) if a United States yacht club success- United States Code. fully defends the America’s Cup, includes ad- ditional sailing competitions conducted by SEC. 7. WAIVERS. SA 1225. Ms. KLOBUCHAR (for her- America’s Cup Race Management during the (a) IN GENERAL.—Notwithstanding sections self, Mrs. FEINSTEIN, Mr. JOHNSON of 12112 and 12132 and chapter 551 of title 46, 1-year period beginning on the last date of South Dakota, and Ms. CANTWELL) sub- such defense. United States Code, the Secretary of the de- mitted an amendment intended to be partment in which the Coast Guard is oper- (2) AMERICA’S CUP RACE MANAGEMENT.—The proposed by her to the bill S. 1867, to term ‘‘America’s Cup Race Management’’ ating may issue a certificate of documenta- tion with a coastwise endorsement for each authorize appropriations for fiscal year means the entity established to provide for 2012 for military activities of the De- independent, professional, and neutral race of the following vessels: management of the America’s Cup sailing (1) M/V GEYSIR (United States official partment of Defense, for military con- competitions. number 622178). struction, and for defense activities of (2) OCEAN VERITAS (IMO number 7366805). (3) ELIGIBILITY CERTIFICATION.—The term the Department of Energy, to prescribe ‘‘Eligibility Certification’’ means a certifi- (3) LUNA (United States official number military personnel strengths for such cation issued under section 4. 280133). fiscal year, and for other purposes; (b) DOCUMENTATION OF LNG TANKERS.— (4) ELIGIBLE VESSEL.—The term ‘‘eligible (1) IN GENERAL.—Notwithstanding sections which was ordered to lie on the table; vessel’’ means a competing vessel or sup- as follows: porting vessel of any registry that— 12112 and 12132 and chapter 551 of title 46, (A) is recognized by America’s Cup Race United States Code, the Secretary of the de- On page 167, after line 25, add the fol- Management as an official competing vessel, partment in which the Coast Guard is oper- lowing: ating may issue a certificate of documenta- or supporting vessel of, the 34th America’s (e) RENTENTION OF DOCUMENTARY EVI- tion with a coastwise endorsement for each Cup, as evidenced in writing to the Adminis- DENCE.—The policy developed under sub- trator of the Maritime Administration of the of the following vessels: section (a) shall provide for the retention of Department of Transportation; (A) LNG GEMINI (United States official all documentary evidence relating to sexual (B) transports not more than 25 individ- number 595752). assaults for the same length of time inves- uals, in addition to the crew; (B) LNG LEO (United States official num- tigative records relating to sexual assaults (C) is not a ferry (as defined under section ber 595753). are required to be retained. 2101(10b) of title 46, United States Code); (C) LNG VIRGO (United States official number 595755). (D) does not transport individuals in point- SA 1226. Ms. KLOBUCHAR (for her- to-point service for hire; and (2) LIMITATION ON OPERATION.—Coastwise self, Mr. THUNE, Mr. JOHNSON of South (E) does not transport merchandise be- trade authorized under paragraph (1) shall be tween ports in the United States. limited to carriage of natural gas, as that Dakota, Mr. FRANKEN, Mr. HARKIN, and term is defined in section 3(13) of the Deep- (5) SUPPORTING VESSEL.—The term ‘‘sup- Mr. GRASSLEY) submitted an amend- porting vessel’’ means a vessel that is oper- water Port Act of 1974 (33 U.S.C. 1502(13)). ment intended to be proposed by her to ating in support of the 34th America’s Cup (3) TERMINATION OF EFFECTIVENESS OF EN- the bill H.R. 2354, making appropria- by— DORSEMENTS.—The coastwise endorsement tions for energy and water develop- issued under paragraph (1) for a vessel shall (A) positioning a competing vessel on the ment and related agencies for the fiscal race course; expire on the date of the sale of the vessel by the owner of the vessel on the date of enact- year ending September 30, 2012, and for (B) transporting equipment and supplies other purposes; which was ordered to utilized for the staging, operations, or broad- ment of this Act to a person who is not re- cast of the competition; or lated by ownership or control to such owner. lie on the table; as follows: (c) OPERATION OF A DRY DOCK.—A vessel (C) transporting individuals who— On page 37, between lines 15 and 16, insert transported in Dry Dock #2 (State of Alaska (i) have not purchased tickets or directly the following: registration AIDEA FDD–2) is not merchan- paid for their passage; and dise for purposes of section 55102 of title 46, SEC. 2 ll. None of the funds appropriated (ii) who are engaged in the staging, oper- United States Code, if, during such transpor- or otherwise made available by this Act for ations, or broadcast of the competition, race tation, Dry Dock #2 remains connected by a ongoing construction work on rural water team personnel, members of the media, or utility or other connecting line to pierside regional programs of the Bureau of Reclama- event sponsors. moorage. tion that is in addition to the amount re- SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. quested in the annual budget submission of Notwithstanding sections 55102, 55103, and SA 1223. Mr. LEVIN (for Mr. BINGA- the President (including funds for related settlements) shall be used by the Secretary 55111 of title 46, United States Code, an eligi- MAN (for himself and Ms. MURKOWSKI)) of the Interior to carry out any rural water ble vessel, operating only in preparation for, proposed an amendment to the bill S. or in connection with, the 34th America’s supply project authorized as of the date of Cup competition, may position competing 99, to promote the production of mo- enactment of this Act unless the Secretary vessels and may transport individuals and lybdenum-99 in the United States for of the Interior, not later than 30 days after equipment and supplies utilized for the stag- medical isotope production, and to con- the date of enactment of this Act, issues a ing, operations, or broadcast of the competi- dition and phase out the export of work plan prioritizing funding of rural water tion from and around the ports in the United highly enriched uranium for the pro- supply projects carried out by the Bureau of States. duction of medical isotopes; as follows: Reclamation based on the following criteria to better utilize taxpayer dollars: SEC. 4. CERTIFICATION. On page 15, line 14, strike ‘‘establish’’ and (a) REQUIREMENT.—A vessel may not oper- insert ‘‘carry out’’. (1) The percentage of the rural water sup- ate under section 3 unless the vessel has re- On page 17, strike lines 15 through 19. ply project to be carried out that is complete ceived an Eligibility Certification. On page 17, line 21, strike ‘‘establish’’ and (as of the date of enactment of this Act) or (b) ISSUANCE.—The Administrator of the insert ‘‘carry out’’. will be completed by September 30, 2012. Maritime Administration of the Department On page 21, strike lines 12 through 16. (2) The number of people served or ex- of Transportation is authorized to issue an On page 29, after line 23, add the following: pected to be served by the rural water supply Eligibility Certification with respect to any SEC. 9. REPEAL. project. vessel that the Administrator determines, in The Nuclear Safety Research, Develop- (3) The amount of non-Federal funds pre- his or her sole discretion, meets the require- ment, and Demonstration Act of 1980 (42 viously provided or certified as available for ments set forth in section 2(4). U.S.C. 9701 et seq.) is repealed. the cost of the rural water supply project.

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7776 CONGRESSIONAL RECORD — SENATE November 17, 2011 (4) The extent to which the rural water The PRESIDING OFFICER. Without during the session of the Senate on No- supply project benefits tribal components. objection, it is so ordered. vember 17, 2011, at 10 a.m. in room 253 (5) The extent to which there is an urgent COMMITTEE ON FINANCE of the Russell Senate Office Building. and compelling need for a rural water supply The Committee will hold a hearing project that would— Mr. LEVIN. Mr. President, I ask (A) improve the health or aesthetic quality unanimous consent that the Com- entitled, ‘‘NASA’s Human Space Explo- of water; mittee on Finance be authorized to ration: Direction, Strategy, and (B) result in continuous, measurable, and meet during the session of the Senate Progress.’’ significant water quality benefits; or on November 17, 2011, at 10 a.m., in 215 The PRESIDING OFFICER. Without (C) address current or future water supply objection, it is so ordered. needs of the population served by the rural Dirksen Senate Office Building. water supply project. The PRESIDING OFFICER. Without f objection, it is so ordered. f PRIVILEGES OF THE FLOOR COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. LEVIN. Mr. President, I ask NOTICES OF INTENT TO OBJECT AND PENSIONS TO PROCEEDING Mr. LEVIN. Mr. President, I ask unanimous consent that CPT Michael Lynch, a U.S. Army aviation officer I, Senator CHARLES GRASSLEY, intend unanimous consent that the Com- who is currently serving as a defense to object to proceeding to H.R. 2076 and mittee on Health, Education, Labor, fellow in Senator REID’s office, be S. 1793, a bill to amend title 28, United and Pensions be authorized to meet, granted floor privileges for the dura- States Code, to clarify the statutory during the session of the Senate, to tion of the National Defense Authoriza- authority for the longstanding practice conduct a hearing entitled ‘‘The Amer- tion Act for 2012. of the Department of Justice of pro- icans with Disabilities Act and Acces- The PRESIDING OFFICER. Without viding investigatory assistance on re- sible Transportation Challenges and objection, it is so ordered. quest of State and local authorities Opportunities’’ on November 17, 2011, Mr. MCCAIN. Mr. President, I ask at 10 a.m. in room 430 of the Dirksen with respect to certain serious violent unanimous consent that my legislative Senate Office Building. crimes, and for other purposes, dated fellow, Navy LCDR Joe Ruzicka, be The PRESIDING OFFICER. Without November 17, 2011. granted floor privileges for the dura- I, Senator RON WYDEN, intend to ob- objection, it is so ordered. tion of debate on the 2012 National De- ject to proceeding to S. 968, a bill to COMMITTEE ON INDIAN AFFAIRS fense Authorization Act. prevent online threats to economic cre- Mr. LEVIN. I ask unanimous consent The PRESIDING OFFICER. Without ativity and theft of intellectual prop- that the Committee on Indian Affairs objection, it is so ordered. erty, and for other purposes, dated No- be authorized to meet during the ses- Mr. CARDIN. Mr. President, I ask vember 17, 2011. sion of the Senate on November 17, unanimous consent that floor privi- f 2011, at 2:15 p.m. in room 628 of the leges be granted to LT Shane Knisley, AUTHORITY FOR COMMITTEES TO Dirksen Senate Office Building. a Navy fellow serving in my office, dur- MEET The PRESIDING OFFICER. Without ing the pendency of S. 1867, the Fiscal objection, it is so ordered. Year 2012 National Defense Authoriza- COMMITTEE ON ARMED SERVICES COMMITTEE ON THE JUDICIARY tion Act. Mr. LEVIN. Mr. President, I ask Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Com- unanimous consent tha the Committee objection, it is so ordered. mittee on Armed Services be author- on the Judiciary be authorized to meet Mr. WICKER. Mr. President, I ask ized to meet during the session of the during the session of the Senate, on unanimous consent that LCDR Ted Senate on November 17, 2011, at 9:30 November 17, 2011, at 10 a.m., in SD–226 Essenfeld, a very capable Navy fellow a.m. of the Dirksen Senate Office Building, in my office, be granted floor privileges The PRESIDING OFFICER. Without to conduct an executive business meet- during consideration of the Defense au- objection, it is so ordered. ing. thorization bill. COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without AFFAIRS objection, it is so ordered. objection, it is so ordered. Mr. LEVIN. Mr. President, I ask Mrs. FEINSTEIN. Mr. President, I unanimous consent that the Com- SELECT COMMITTEE ON INTELLIGENCE Mr. LEVIN. Mr. President, I ask ask unanimous consent that Shannon mittee on Banking, Housing, and Gorrell, a Defense fellow in my office, Urban Affairs be authorized to meet unanimous consent that the Select Committee on Intelligence be author- be granted the privileges of the floor during the session of the Senate on No- for the duration of the debate on this vember 17, 2011, at 10 a.m. ized to meet during the session of the Senate on November 17, 2011, at 2:30 bill. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. p.m. The PRESIDING OFFICER. Without objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. Mr. INHOFE. Mr. President, I ask RESOURCES unanimous consent that my defense SUBCOMMITTEE ON COMPETITIVENESS, Mr. LEVIN. Mr. President, I ask fellow, MAJ Kevin Hadley, be given unanimous consent that the Com- INNOVATION, AND EXPORT PROMOTION Mr. LEVIN. Mr. President, I ask floor privileges during the consider- mittee on Energy and Natural Re- ation of this bill. sources by authorized to meet during unanimous consent that the Sub- committee on Competitiveness, Inno- The PRESIDING OFFICER. Without the session of the Senate on November objection, it is so ordered. 17, 2011, at 9:30 a.m., in room 366 of the vation, and Export Promotion of the f Dirksen Senate Office Building. Commerce, Science, and Transpor- The PRESIDING OFFICER. Without tation be authorized to meet during JUDICIAL CONFERENCE objection, it is so ordered. the session of the Senate on November AUTHORITY 17, 2011, at 2:30 p.m. in room 253 of the COMMITTEE ON ENVIRONMENT AND PUBLIC Mr. LEVIN. Mr. President, I ask WORKS AND SUBCOMMITTEE ON SUPERFUND, Russell Senate Office Building. unanimous consent the Senate proceed The Committee will hold a hearing TOXICS, AND ENVIRONMENTAL HEALTH to Calendar No. 232, H.R. 1059. Mr. LEVIN. Mr. President, I ask entitled, ‘‘Tourism in America: Moving The PRESIDING OFFICER. The unanimous consent that the Com- our Economy Forward.’’ clerk will report the bill by title. mittee on Environment and Public The PRESIDING OFFICER. Without The bill clerk read as follows: objection, it is so ordered. Works and the Subcommittee on A bill (H.R. 1059) to protect the safety of Superfund, Toxics, and Environmental SUBCOMMITTEE ON SCIENCE AND SPACE judges by extending the authority of the Ju- Health be authorized to meet during Mr. LEVIN. Mr. President, I ask dicial Conference to redact sensitive infor- the session of the Senate on November unanimous consent that the Sub- mation contained in their financial disclo- 17, 2011, at 10 a.m. in Dirksen 406 to committee on Science and Space of the sure reports, and for other purposes. conduct a joint hearing entitled, ‘‘Safe Committee on Commerce, Science, and There being no objection, the Senate Chemicals Act.’’ Transportation be authorized to meet proceeded to consider the bill, which

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7777 had been reported from the Committee On page 2, line 14, strike the semicolon and insured depository institutions to raise addi- on Homeland Security and Govern- all that follows through line 19 and insert a tional capital; mental Affairs, with an amendment, as period. (C) the effect of changes in the application of On page 4, strike line 14 and all that fol- fair value accounting rules and other account- follows: lows through page 5, line 5, and insert the ing standards, including the allowance for loan (Omit the part in boldface brackets following: and lease loss methodology, on insured deposi- and insert the part printed in italic.) (2) LOSSES.—The significance of losses, in- tory institutions, specifically the degree to H.R. 1059 cluding— which fair value accounting rules and other ac- Be it enacted by the Senate and House of Rep- (A) the number of insured depository insti- counting standards have led to regulatory ac- resentatives of the United States of America in tutions that have been placed into receiver- tion against banks, including consent orders Congress assembled, ship or conservatorship due to significant and closure of the institution; and SECTION 1. EXTENSION OF REDACTION AUTHOR- losses arising from loans for which all pay- (D) whether field examiners are using appro- ITY CONCERNING SENSITIVE SECU- ments of principal, interest, and fees were priate appraisal procedures with respect to RITY INFORMATION. current, according to the contractual terms losses arising from loans for which all payments Section 105(b)(3) of the Ethics in Govern- of the loans; of principal, interest, and fees were current, ac- ment Act of 1978 (5 U.S.C. App.) is amended— (B) the impact of significant losses arising cording to the contractual terms of the loans, ø(1) in subparagraph (A), by striking ‘‘Mar- from loans for which all payments of prin- and whether the application of appraisals leads shall’’ and inserting ‘‘Marshals’’; and cipal, interest, and fees were current, accord- to immediate write downs on the value of the ø(2) by striking subparagraph (E).¿ ing to the contractual terms of the loans, on underlying asset. (1) in subparagraph (A), by striking ‘‘Mar- the ability of insured depository institutions Ω4æOn page 9, strike lines 15 through 19, and shall’’ and inserting ‘‘Marshals’’; to raise additional capital; insert the following: (2) in subparagraph (C), by inserting ‘‘and the (C) the effect of changes in the application SEC. 2. CONGRESSIONAL TESTIMONY. Senate Committee on Homeland Security and of fair value accounting rules and other ac- The Inspector General of the Federal Deposit Governmental Affairs and the House Committee counting standards, including the allowance Insurance Corporation and the Comptroller on Oversight and Government Reform’’ after for loan and lease loss methodology, on in- General of the United States shall appear before ‘‘Senate’’; and sured depository institutions, specifically the Committee on Banking, Housing, and Urban (3) in subparagraph (E), by striking ‘‘2011’’ the degree to which fair value accounting Affairs of the Senate and the Committee on Fi- both places it appears and inserting ‘‘2017’’. rules and other accounting standards have nancial Services of the House of Representa- Mr. LEVIN. Mr. President, I ask led to regulatory action against banks, in- tives, not later than 150 days after the date of unanimous consent the committee-re- cluding consent orders and closure of the in- publication of the study required under this Act ported amendment be agreed to, the stitution; and to discuss the outcomes and impact of Federal bill, as amended, be read a third time (D) whether field examiners are using ap- regulations on bank examinations and failures. propriate appraisal procedures with respect and passed, the motion to reconsider be f laid upon the table, with no inter- to losses arising from loans for which all payments of principal, interest, and fees AMERICA’S CUP ACT OF 2011 vening action or debate, and any state- were current, according to the contractual ments be printed in the RECORD. terms of the loans, and whether the applica- Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without tion of appraisals leads to immediate write unanimous consent that the Senate objection, it is so ordered. downs on the value of the underlying asset. proceed to the consideration of Cal- The committee amendment was On page 9, strike lines 15 through 19, and endar No. 221, H.R. 3321. agreed to. insert the following: The PRESIDING OFFICER. The The amendment was ordered to be SEC. 2. CONGRESSIONAL TESTIMONY. clerk will report the bill by title. engrossed and the bill to be read a The Inspector General of the Federal De- The bill clerk read as follows: third time. posit Insurance Corporation and the Comp- A bill (H.R. 3321) to facilitate the hosting The bill (H.R. 1059), as amended, was troller General of the United States shall ap- in the United States of the 34th America’s pear before the Committee on Banking, read the third time and passed. Cup by authorizing certain eligible vessels to Housing, and Urban Affairs of the Senate and participate in activities related to the com- f the Committee on Financial Services of the petition, and for other purposes. House of Representatives, not later than 150 INSURED DEPOSITORY There being no objection, the Senate INSTITUTION FAILURES days after the date of publication of the study required under this Act to discuss the proceeded to consider the bill. Mr. LEVIN. Mr. President, I ask outcomes and impact of Federal regulations Mr. LEVIN. Mr. President, I ask unanimous consent that the Banking on bank examinations and failures. unanimous consent a Feinstein sub- Committee be discharged and the Sen- The amendment was ordered to be stitute amendment at the desk be ate proceed to the immediate consider- engrossed and the bill to be read a agreed to, the bill, as amended, be read ation of H.R. 2056. third time. a third time and passed, the motions to The PRESIDING OFFICER. Without The bill (H.R. 2056), as amended, was reconsider be laid upon the table, with objection, it is so ordered. The clerk read the third time and passed, as fol- no intervening action or debate and will report the bill by title. lows: any statements be printed in the The bill clerk read as follows: Resolved, That the bill from the House of RECORD. A bill (H.R. 2056) to instruct the Inspector Representatives (H.R. 2056) entitled ‘‘An Act The PRESIDING OFFICER. Without General of the Federal Deposit Insurance to instruct the Inspector General of the Fed- objection, it is so ordered. Corporation to study the impact of insured eral Deposit Insurance Corporation to study The amendment (No. 1222), in the na- depository institution failures, and for other the impact of insured depository institution ture of a substitute, was agreed to, as purposes. failures, and for other purposes.’’, do pass follows: There being no objection, the Senate with the following amendments: Ω1æOn page 2, line 10, insert ‘‘and’’ after the AMENDMENT NO. 1222 proceeded to consider the bill. Strike all after the enacting clause and in- The PRESIDING OFFICER. I ask semicolon. Ω æ sert the following: unanimous consent the Levin amend- 2 On page 2, line 14, strike the semicolon and all that follows through line 19 and in- SECTION 1. SHORT TITLE. ment at the desk be agreed to, the bill sert a period. This Act may be cited as the ‘‘America’s as amended be read a third time and Ω3æOn page 4, strike line 14 and all that fol- Cup Act of 2011’’. passed, the motion to reconsider be lows through page 5, line 5, and insert the SEC. 2. DEFINITIONS. laid upon the table, and any state- following: In this Act: ments be printed in the RECORD. (2) LOSSES.—The significance of losses, in- (1) 34TH AMERICA’S CUP.—The term ‘‘34th The PRESIDING OFFICER. Without cluding— America’s Cup’’— objection, it is so ordered. (A) the number of insured depository institu- (A) means the sailing competitions, com- The amendment (No. 1221) was agreed tions that have been placed into receivership or mencing in 2011, to be held in the United to, as follows: conservatorship due to significant losses arising States in response to the challenge to the de- from loans for which all payments of principal, fending team from the United States, in ac- AMENDMENT NO. 1221 interest, and fees were current, according to the cordance with the terms of the America’s (Purpose: To clarify the types of losses to be contractual terms of the loans; Cup governing Deed of Gift, dated October 24, studied, to require appearances before Con- (B) the impact of significant losses arising 1887; and gress, and for other purposes) from loans for which all payments of principal, (B) if a United States yacht club success- On page 2, line 10, insert ‘‘and’’ after the interest, and fees were current, according to the fully defends the America’s Cup, includes ad- semicolon. contractual terms of the loans, on the ability of ditional sailing competitions conducted by

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America’s Cup Race Management during the United States Code, the Secretary of the de- (3) LOW ENRICHED URANIUM.—The term ‘‘low 1-year period beginning on the last date of partment in which the Coast Guard is oper- enriched uranium’’ means uranium enriched to such defense. ating may issue a certificate of documenta- less than 20 percent in the isotope U–235. (2) AMERICA’S CUP RACE MANAGEMENT.—The tion with a coastwise endorsement for each (4) SECRETARY.—The term ‘‘Secretary’’ means term ‘‘America’s Cup Race Management’’ of the following vessels: the Secretary of Energy. means the entity established to provide for (1) M/V GEYSIR (United States official SEC. 3. IMPROVING THE RELIABILITY OF DOMES- independent, professional, and neutral race number 622178). TIC MEDICAL ISOTOPE SUPPLY. management of the America’s Cup sailing (2) OCEAN VERITAS (IMO number 7366805). (a) MEDICAL ISOTOPE DEVELOPMENT competitions. (3) LUNA (United States official number PROJECTS.— (3) ELIGIBILITY CERTIFICATION.—The term 280133). (1) IN GENERAL.—The Secretary shall establish ‘‘Eligibility Certification’’ means a certifi- (b) DOCUMENTATION OF LNG TANKERS.— a technology-neutral program— cation issued under section 4. (1) IN GENERAL.—Notwithstanding sections (A) to evaluate and support projects for the (4) ELIGIBLE VESSEL.—The term ‘‘eligible 12112 and 12132 and chapter 551 of title 46, production in the United States, without the use vessel’’ means a competing vessel or sup- United States Code, the Secretary of the de- of highly enriched uranium, of significant porting vessel of any registry that— partment in which the Coast Guard is oper- quantities of molybdenum-99 for medical uses; (A) is recognized by America’s Cup Race ating may issue a certificate of documenta- (B) to be carried out in cooperation with non- Management as an official competing vessel, tion with a coastwise endorsement for each Federal entities; and or supporting vessel of, the 34th America’s of the following vessels: (C) the costs of which shall be shared in ac- Cup, as evidenced in writing to the Adminis- (A) LNG GEMINI (United States official cordance with section 988 of the Energy Policy trator of the Maritime Administration of the number 595752). Act of 2005 (42 U.S.C. 16352). Department of Transportation; (B) LNG LEO (United States official num- (2) CRITERIA.—Projects shall be judged (B) transports not more than 25 individ- ber 595753). against the following primary criteria: uals, in addition to the crew; (C) LNG VIRGO (United States official (A) The length of time necessary for the pro- (C) is not a ferry (as defined under section number 595755). posed project to begin production of molyb- 2101(10b) of title 46, United States Code); (2) LIMITATION ON OPERATION.—Coastwise denum-99 for medical uses within the United (D) does not transport individuals in point- trade authorized under paragraph (1) shall be States. to-point service for hire; and limited to carriage of natural gas, as that (B) The capability of the proposed project to (E) does not transport merchandise be- term is defined in section 3(13) of the Deep- produce a significant percentage of United tween ports in the United States. water Port Act of 1974 (33 U.S.C. 1502(13)). States demand for molybdenum-99 for medical (5) SUPPORTING VESSEL.—The term ‘‘sup- (3) TERMINATION OF EFFECTIVENESS OF EN- uses. porting vessel’’ means a vessel that is oper- DORSEMENTS.—The coastwise endorsement (C) The cost of the proposed project. ating in support of the 34th America’s Cup issued under paragraph (1) for a vessel shall (3) EXEMPTION.—An existing reactor in the by— expire on the date of the sale of the vessel by United States fueled with highly enriched ura- (A) positioning a competing vessel on the the owner of the vessel on the date of enact- nium shall not be disqualified from the program race course; ment of this Act to a person who is not re- if the Secretary determines that— (B) transporting equipment and supplies lated by ownership or control to such owner. (A) there is no alternative nuclear reactor utilized for the staging, operations, or broad- (c) OPERATION OF A DRY DOCK.—A vessel fuel, enriched in the isotope U–235 to less than cast of the competition; or transported in Dry Dock #2 (State of Alaska 20 percent, that can be used in that reactor; (C) transporting individuals who— registration AIDEA FDD–2) is not merchan- (B) the reactor operator has provided assur- (i) have not purchased tickets or directly dise for purposes of section 55102 of title 46, ances that, whenever an alternative nuclear re- paid for their passage; and United States Code, if, during such transpor- actor fuel, enriched in the isotope U–235 to less (ii) who are engaged in the staging, oper- tation, Dry Dock #2 remains connected by a than 20 percent, can be used in that reactor, it ations, or broadcast of the competition, race utility or other connecting line to pierside will use that alternative in lieu of highly en- team personnel, members of the media, or moorage. riched uranium; and event sponsors. (C) the reactor operator has provided a cur- The amendment was ordered to be rent report on the status of its efforts to convert SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. engrossed and the bill to be read a Notwithstanding sections 55102, 55103, and the reactor to an alternative nuclear reactor 55111 of title 46, United States Code, an eligi- third time. fuel enriched in the isotope U–235 to less than 20 ble vessel, operating only in preparation for, The bill (H.R. 3321), as amended, was percent, and an anticipated schedule for com- or in connection with, the 34th America’s read the third time and passed. pletion of conversion. (4) PUBLIC PARTICIPATION AND REVIEW.—The Cup competition, may position competing f vessels and may transport individuals and Secretary shall— equipment and supplies utilized for the stag- AMERICAN MEDICAL ISOTOPES (A) develop a program plan and annually up- ing, operations, or broadcast of the competi- PRODUCTION ACT OF 2011 date the program plan through public work- tion from and around the ports in the United shops; and States. Mr. LEVIN. Mr. President, I now ask (B) use the Nuclear Science Advisory Com- SEC. 4. CERTIFICATION. unanimous consent that the Senate mittee to conduct annual reviews of the progress (a) REQUIREMENT.—A vessel may not oper- proceed to the consideration of Cal- made in achieving the program goals. ate under section 3 unless the vessel has re- endar No. 53, S. 99. (5) AUTHORIZATION OF APPROPRIATIONS.— ceived an Eligibility Certification. The PRESIDING OFFICER. The There are authorized to be appropriated to the (b) ISSUANCE.—The Administrator of the clerk will report the bill by title. Secretary for carrying out the program under Maritime Administration of the Department The bill clerk read as follows: paragraph (1) $143,000,000 for the period encom- of Transportation is authorized to issue an passing fiscal years 2011 through 2014. Eligibility Certification with respect to any A bill (S. 99) to promote the production of (b) DEVELOPMENT ASSISTANCE.—The Secretary vessel that the Administrator determines, in molybdenum-99 in the United States for shall establish a program to provide assistance his or her sole discretion, meets the require- medical isotope production, and to condition for— ments set forth in section 2(4). and phase out the export of highly enriched (1) the development of fuels, targets, and proc- SEC. 5. ENFORCEMENT. uranium for the production of medical iso- esses for domestic molybdenum-99 production Notwithstanding sections 55102, 55103, and topes. that do not use highly enriched uranium; and 55111 of title 46, United States Code, an Eligi- There being no objection, the Senate (2) commercial operations using the fuels, tar- bility Certification shall be conclusive evi- proceeded to consider the bill, gets, and processes described in paragraph (1). dence to the Secretary of the Department of which had been reported from the Committee (c) URANIUM LEASE AND TAKE-BACK.— Homeland Security of the qualification of on Energy and Natural Resources, with an (1) IN GENERAL.—The Secretary shall establish the vessel for which it has been issued to amendment to strike all after the enacting a program to make low-enriched uranium avail- participate in the 34th America’s Cup as a clause and insert in lieu thereof the fol- able, through lease contracts, for irradiation for competing vessel or a supporting vessel. lowing: the production of molybdenum-99 for medical SEC. 6. PENALTY. uses. SECTION 1. SHORT TITLE. Any vessel participating in the 34th Amer- (2) TITLE.—The lease contracts shall provide ica’s Cup as a competing vessel or supporting This Act may be cited as the ‘‘American Med- for the producers of the molybdenum-99 to take vessel that has not received an Eligibility ical Isotopes Production Act of 2011’’. title to and be responsible for the molybdenum- Certification or is not in compliance with SEC. 2. DEFINITIONS. 99 created by the irradiation, processing, or pu- section 12112 of title 46, United States Code, In this Act: rification of uranium leased under this section. shall be subject to the applicable penalties (1) DEPARTMENT.—The term ‘‘Department’’ (3) DUTIES.— provided in chapters 121 and 551 of title 46, means the Department of Energy. (A) SECRETARY.—The lease contracts shall re- United States Code. (2) HIGHLY ENRICHED URANIUM.—The term quire the Secretary— SEC. 7. WAIVERS. ‘‘highly enriched uranium’’ means uranium en- (i) to retain responsibility for the final disposi- (a) IN GENERAL.—Notwithstanding sections riched to 20 percent or greater in the isotope U– tion of spent nuclear fuel created by the irradia- 12112 and 12132 and chapter 551 of title 46, 235. tion, processing, or purification of uranium

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00146 Fmt 0624 Sfmt 6333 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7779 leased under this section for the production of ‘‘d. The period referred to in subsection b. SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUC- medical isotopes; and may be extended for no more than 6 years if, no TION. (ii) to take title to and be responsible for the earlier than 6 years after the date of enactment (a) IN GENERAL.—Chapter 10 of the Atomic final disposition of radioactive waste created by of the American Medical Isotopes Production Energy Act of 1954 (42 U.S.C. 2131 et seq.) is the irradiation, processing, or purification of Act of 2011, the Secretary of Energy certifies to amended by adding at the end the following: uranium leased under this section for which the the Committee on Energy and Commerce of the ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRO- Secretary determines the producer does not have House of Representatives and the Committee on DUCTION.—a. The Commission may issue a li- access to a disposal path. Energy and Natural Resources of the Senate cense, or grant an amendment to an existing li- (B) PRODUCER.—The producer of the spent that— cense, for the use in the United States of highly nuclear fuel and radioactive waste shall accu- ‘‘(1) there is insufficient global supply of mo- enriched uranium as a target for medical isotope rately characterize, appropriately package, and lybdenum-99 produced without the use of highly production in a nuclear reactor, only if, in addi- transport the spent nuclear fuel and radioactive enriched uranium available to satisfy the do- tion to any other requirement of this Act— waste prior to acceptance by the Department. mestic United States market; and ‘‘(1) the Commission determines that— (4) COMPENSATION.— ‘‘(2) the export of United States-origin highly ‘‘(A) there is no alternative medical isotope (A) IN GENERAL.—Subject to subparagraph enriched uranium for the purposes of medical production target, enriched in the isotope U–235 (B), the lease contracts shall provide for com- isotope production is the most effective tem- to less than 20 percent, that can be used in that pensation in cash amounts equivalent to pre- porary means to increase the supply of molyb- reactor; and vailing market rates for the sale of comparable denum-99 to the domestic United States market. ‘‘(B) the proposed recipient of the medical iso- uranium products and for compensation in cash ‘‘e. To ensure public review and comment, the tope production target has provided assurances amounts equivalent to the net present value of development of the certification described in that, whenever an alternative medical isotope the cost to the Federal Government for— subsection c. shall be carried out through an- production target can be used in that reactor, it (i) the final disposition of spent nuclear fuel nouncement in the Federal Register. will use that alternative in lieu of highly en- and radioactive waste for which the Department ‘‘f. At any time after the restriction of export riched uranium; and is responsible under paragraph (3); and licenses provided for in subsection b. becomes ef- ‘‘(2) the Secretary of Energy has certified that (ii) other costs associated with carrying out fective, if there is a critical shortage in the sup- the United States Government is actively sup- the uranium lease and take-back program au- ply of molybdenum-99 available to satisfy the porting the development of an alternative med- thorized by this subsection. domestic United States medical isotope needs, ical isotope production target that can be used (B) DISCOUNT RATE.—The discount rate used the restriction of export licenses may be sus- in that reactor. to determine the net present value of costs de- pended for a period of no more than 12 months, ‘‘b. As used in this section— scribed in subparagraph (A)(ii) shall be not if— ‘‘(1) the term ‘alternative medical isotope pro- greater than the average interest rate on mar- ‘‘(1) the Secretary of Energy certifies to the duction target’ means a nuclear reactor target ketable Treasury securities. Congress that the export of United States-origin which is enriched to less than 20 percent of the (5) AUTHORIZED USE OF FUNDS.—The Secretary highly enriched uranium for the purposes of isotope U–235; may obligate and expend funds received under medical isotope production is the only effective ‘‘(2) a target ‘can be used’ in a nuclear re- leases entered into under this subsection, which temporary means to increase the supply of mo- search or test reactor if— shall remain available until expended, for the lybdenum-99 necessary to meet United States ‘‘(A) the target has been qualified by the Re- purpose of carrying out the activities authorized medical isotope needs during that period; and duced Enrichment Research and Test Reactor by this Act, including activities related to the ‘‘(2) the Congress enacts a Joint Resolution Program of the Department of Energy; and final disposition of spent nuclear fuel and ra- approving the temporary suspension of the re- ‘‘(B) use of the target will permit the large dioactive waste for which the Department is re- striction of export licenses. majority of ongoing and planned experiments sponsible under paragraph (3). ‘‘g. As used in this section— and medical isotope production to be conducted (6) EXCHANGE OF URANIUM FOR SERVICES.— ‘‘(1) the term ‘alternative nuclear reactor fuel in the reactor without a large percentage in- The Secretary shall not barter or otherwise sell or target’ means a nuclear reactor fuel or target crease in the total cost of operating the reactor; or transfer uranium in any form in exchange which is enriched to less than 20 percent in the ‘‘(3) the term ‘highly enriched uranium’ for— isotope U–235; means uranium enriched to 20 percent or more (A) services related to the final disposition of ‘‘(2) the term ‘highly enriched uranium’ in the isotope U–235; and the spent nuclear fuel and radioactive waste for means uranium enriched to 20 percent or more ‘‘(4) the term ‘medical isotope’ includes molyb- which the Department is responsible under in the isotope U–235; denum-99, iodine-131, xenon-133, and other ra- paragraph (3); or ‘‘(3) a fuel or target ‘can be used’ in a nuclear dioactive materials used to produce a radio- (B) any other services associated with car- research or test reactor if— pharmaceutical for diagnostic or therapeutic rying out the uranium lease and take-back pro- ‘‘(A) the fuel or target has been qualified by procedures or for research and development.’’. gram authorized by this subsection. the Reduced Enrichment Research and Test Re- (b) TABLE OF CONTENTS.—The table of con- (d) COORDINATION OF ENVIRONMENTAL RE- actor Program of the Department of Energy; tents for the Atomic Energy Act of 1954 is VIEWS.—The Department and the Nuclear Regu- and amended by inserting the following new item at latory Commission shall ensure to the maximum ‘‘(B) use of the fuel or target will permit the the end of the items relating to chapter 10 of extent practicable that environmental reviews large majority of ongoing and planned experi- title I: ments and medical isotope production to be con- for the production of the medical isotopes shall ‘‘Sec. 112. Domestic medical isotope produc- ducted in the reactor without a large percentage complement and not duplicate each review. tion.’’. increase in the total cost of operating the reac- (e) OPERATIONAL DATE.—The Secretary shall SEC. 7. ANNUAL DEPARTMENT REPORTS. establish a program as described in subsection tor; and ‘‘(4) the term ‘medical isotope’ includes molyb- (a) IN GENERAL.—Not later than 1 year after (c)(3) not later than 3 years after the date of en- denum-99, iodine-131, xenon-133, and other ra- the date of enactment of this Act, and annually actment of this Act. dioactive materials used to produce a radio- thereafter for 5 years, the Secretary shall report (f) RADIOACTIVE WASTE.—Notwithstanding pharmaceutical for diagnostic or therapeutic to Congress on Department actions to support section 2 of the Nuclear Waste Policy Act of 1982 the production in the United States, without the (42 U.S.C. 10101), radioactive material resulting procedures or for research and development.’’. SEC. 5. REPORT ON DISPOSITION OF EXPORTS. use of highly enriched uranium, of molyb- from the production of medical isotopes that has denum-99 for medical uses. been permanently removed from a reactor or Not later than 1 year after the date of the en- actment of this Act, the Chairman of the Nu- (b) CONTENTS.—The reports shall include the subcritical assembly and for which there is no following: further use shall be considered low-level radio- clear Regulatory Commission, after consulting with other relevant agencies, shall submit to the (1) For medical isotope development projects— active waste if the material is acceptable under (A) the names of any recipients of Department Federal requirements for disposal as low-level Congress a report detailing the current disposi- tion of previous United States exports of highly support under section 3; radioactive waste. (B) the amount of Department funding com- (g) AUTHORIZATION OF APPROPRIATIONS.— enriched uranium used as fuel or targets in a nuclear research or test reactor, including— mitted to each project; There are authorized to be appropriated to the (C) the milestones expected to be reached for Secretary $5,000,000 for the establishment of a (1) their location; (2) whether they are irradiated; each project during the year for which support program for the final disposition of spent nu- (3) whether they have been used for the pur- is provided; clear fuel and radioactive waste for which the pose stated in their export license; (D) how each project is expected to support Department is responsible under subsection (c). (4) whether they have been used for an alter- the increased production of molybdenum-99 for SEC. 4. EXPORTS. native purpose and, if so, whether such alter- medical uses; Section 134 of the Atomic Energy Act of 1954 native purpose has been explicitly approved by (E) the findings of the evaluation of projects (42 U.S.C. 2160d) is amended by striking sub- the Commission; under section 3(a)(2); and section c. and inserting the following: (5) the year of export, and reimportation, if (F) the ultimate use of any Department funds ‘‘c. Effective 7 years after the date of enact- applicable; used to support projects under section 3. ment of the American Medical Isotopes Produc- (6) their current physical and chemical forms; (2) A description of actions taken in the pre- tion Act of 2011, the Commission may not issue and vious year by the Secretary to ensure the safe a license for the export of highly enriched ura- (7) whether they are being stored in a manner disposition of spent nuclear fuel and radioactive nium from the United States for the purposes of which adequately protects against theft and un- waste for which the Department is responsible medical isotope production. authorized access. under section 3(c).

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00147 Fmt 0624 Sfmt 6333 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7780 CONGRESSIONAL RECORD — SENATE November 17, 2011 SEC. 8. NATIONAL ACADEMY OF SCIENCES RE- wide use of highly enriched uranium in reactor On page 21, strike lines 12 through 16. PORT. fuel, reactor targets, and medical isotope pro- On page 29, after line 23, add the following: (a) IN GENERAL.—The Secretary shall enter duction facilities. SEC. 9. REPEAL. into an arrangement with the National Acad- SEC. 9. BUDGETARY EFFECTS. emy of Sciences to conduct a study of the state The budgetary effects of this Act, for the pur- The Nuclear Safety Research, Develop- of molybdenum-99 production and utilization, to pose of complying with the Statutory Pay-As- ment, and Demonstration Act of 1980 (42 be provided to Congress not later than 5 years You-Go-Act of 2010, shall be determined by ref- U.S.C. 9701 et seq.) is repealed. after the date of enactment of this Act. erence to the latest statement titled ‘‘Budgetary On page 30, line 1, strike ‘‘9’’ and insert (b) CONTENTS.—The report shall include the Effects of PAYGO Legislation’’ for this Act, sub- ‘‘10’’. following: mitted for printing in the Congressional Record The committee amendment in the (1) For molybdenum-99 production— by the Chairman of the Senate Budget Com- (A) a list of all facilities in the world pro- nature of a substitute, as amended, was mittee, provided that such statement has been ducing molybdenum-99 for medical uses, includ- submitted prior to the vote on passage. agreed to. ing an indication of whether these facilities use Mr. LEVIN. Mr. President, I ask The bill, as amended, was ordered to highly enriched uranium in any way; be engrossed for a third reading and (B) a review of international production of unanimous consent that the com- molybdenum-99 over the previous 5 years, in- mittee-reported substitute amendment was read the third time. cluding— be considered, the Bingaman amend- The PRESIDING OFFICER. The (i) whether any new production was brought ment, which is at the desk, be agreed clerk will read the pay-go statement. online; to, the committee-reported amend- The bill clerk read as follows: (ii) whether any facilities halted production ment, as amended, be agreed to, the Mr. Conrad: This is the Statement of Budg- unexpectedly; and bill, as amended, be read a third time, (iii) whether any facilities used for production etary Effects of PAYGO Legislation for S. 99 were decommissioned or otherwise permanently and the budgetary pay-go statement at as amended. removed from service; and the desk be read. The PRESIDING OFFICER. Without Total Budgetary Effects of S. 99 for the 5- (C) an assessment of progress made in the pre- year Statutory PAYGO Scorecard: $0. vious 5 years toward establishing domestic pro- objection, it is so ordered. Total Budgetary Effects of S. 99 for the 10- duction of molybdenum-99 for medical uses, in- The amendment (No. 1223) was agreed year Statutory PAYGO Scorecard: $0. cluding the extent to which other medical iso- to, as follows: topes that have been produced with molyb- On page 15, line 14, strike ‘‘establish’’ and Also submitted for the Record as part of denum-99, such as iodine-131 and xenon-133, are insert ‘‘carry out’’. this statement is a table prepared by the being used for medical purposes. On page 17, strike lines 15 through 19. Congressional Budget Office, which provides (2) An assessment of the progress made by the On page 17, line 21, strike ‘‘establish’’ and additional information on the budgetary ef- Department and others to eliminate all world- insert ‘‘carry out’’. fects of this Act, as follows: CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 99, THE AMERICAN MEDICAL ISOTOPES PROTECTION ACT OF 2011, AS REPORTED BY THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON MAY 18, 2011, AND WITH A SUBSEQUENT AMENDMENT PROVIDED TO CBO ON NOVEMBER 17, 2011

By fiscal year, in millions of dollars— 2012– 2012– 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2016 2021

Net Increase or Decrease (¥) in the Deficit Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 S. 99 would direct the Secretary of Energy to lease low-enriched uranium to producers of molybdenum–99. CBO estimates that enacting S. 99 would affect receipts generated from such resources, but that any net changes to such re- ceipts would be negligible in any given year. Source: Congressional Budget Office.

Mr. LEVIN. Mr. President, I ask use of highly enriched uranium, of signifi- (4) PUBLIC PARTICIPATION AND REVIEW.—The unanimous consent that the bill, as cant quantities of molybdenum-99 for med- Secretary shall— amended, be passed, the motions to re- ical uses; (A) develop a program plan and annually consider be laid upon the table with no (B) to be carried out in cooperation with update the program plan through public non-Federal entities; and workshops; and intervening action or debate, and that (B) use the Nuclear Science Advisory Com- any related statements be printed in (C) the costs of which shall be shared in ac- cordance with section 988 of the Energy Pol- mittee to conduct annual reviews of the the RECORD. icy Act of 2005 (42 U.S.C. 16352). progress made in achieving the program The PRESIDING OFFICER. Without goals. (2) CRITERIA.—Projects shall be judged (b) DEVELOPMENT ASSISTANCE.—The Sec- objection, it is so ordered. against the following primary criteria: retary shall carry out a program to provide The bill (S. 99), as amended, was (A) The length of time necessary for the passed, as follows: assistance for— proposed project to begin production of mo- (1) the development of fuels, targets, and S. 99 lybdenum-99 for medical uses within the processes for domestic molybdenum-99 pro- Be it enacted by the Senate and House of Rep- United States. duction that do not use highly enriched ura- resentatives of the United States of America in (B) The capability of the proposed project nium; and Congress assembled, to produce a significant percentage of United (2) commercial operations using the fuels, SECTION 1. SHORT TITLE. States demand for molybdenum-99 for med- targets, and processes described in paragraph This Act may be cited as the ‘‘American ical uses. (1). Medical Isotopes Production Act of 2011’’. (C) The cost of the proposed project. (c) URANIUM LEASE AND TAKE-BACK.— SEC. 2. DEFINITIONS. (3) EXEMPTION.—An existing reactor in the (1) IN GENERAL.—The Secretary shall estab- In this Act: United States fueled with highly enriched lish a program to make low-enriched ura- (1) DEPARTMENT.—The term ‘‘Department’’ uranium shall not be disqualified from the nium available, through lease contracts, for means the Department of Energy. program if the Secretary determines that— irradiation for the production of molyb- (2) HIGHLY ENRICHED URANIUM.—The term (A) there is no alternative nuclear reactor denum-99 for medical uses. ‘‘highly enriched uranium’’ means uranium fuel, enriched in the isotope U–235 to less (2) TITLE.—The lease contracts shall pro- enriched to 20 percent or greater in the iso- vide for the producers of the molybdenum-99 than 20 percent, that can be used in that re- tope U–235. to take title to and be responsible for the actor; (3) LOW ENRICHED URANIUM.—The term ‘‘low molybdenum-99 created by the irradiation, enriched uranium’’ means uranium enriched (B) the reactor operator has provided as- processing, or purification of uranium leased to less than 20 percent in the isotope U–235. surances that, whenever an alternative nu- under this section. (4) SECRETARY.—The term ‘‘Secretary’’ clear reactor fuel, enriched in the isotope U– (3) DUTIES.— means the Secretary of Energy. 235 to less than 20 percent, can be used in (A) SECRETARY.—The lease contracts shall SEC. 3. IMPROVING THE RELIABILITY OF DOMES- that reactor, it will use that alternative in require the Secretary— TIC MEDICAL ISOTOPE SUPPLY. lieu of highly enriched uranium; and (i) to retain responsibility for the final dis- (a) MEDICAL ISOTOPE DEVELOPMENT (C) the reactor operator has provided a cur- position of spent nuclear fuel created by the PROJECTS.— rent report on the status of its efforts to con- irradiation, processing, or purification of (1) IN GENERAL.—The Secretary shall carry vert the reactor to an alternative nuclear re- uranium leased under this section for the out a technology-neutral program— actor fuel enriched in the isotope U–235 to production of medical isotopes; and (A) to evaluate and support projects for the less than 20 percent, and an anticipated (ii) to take title to and be responsible for production in the United States, without the schedule for completion of conversion. the final disposition of radioactive waste

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 17, 2011 CONGRESSIONAL RECORD — SENATE S7781 created by the irradiation, processing, or pu- no earlier than 6 years after the date of en- (6) their current physical and chemical rification of uranium leased under this sec- actment of the American Medical Isotopes forms; and tion for which the Secretary determines the Production Act of 2011, the Secretary of En- (7) whether they are being stored in a man- producer does not have access to a disposal ergy certifies to the Committee on Energy ner which adequately protects against theft path. and Commerce of the House of Representa- and unauthorized access. (B) PRODUCER.—The producer of the spent tives and the Committee on Energy and Nat- SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUC- nuclear fuel and radioactive waste shall ac- ural Resources of the Senate that— TION. curately characterize, appropriately pack- ‘‘(1) there is insufficient global supply of (a) IN GENERAL.—Chapter 10 of the Atomic age, and transport the spent nuclear fuel and molybdenum-99 produced without the use of Energy Act of 1954 (42 U.S.C. 2131 et seq.) is radioactive waste prior to acceptance by the highly enriched uranium available to satisfy amended by adding at the end the following: Department. the domestic United States market; and ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRO- (4) COMPENSATION.— ‘‘(2) the export of United States-origin DUCTION.— (A) IN GENERAL.—Subject to subparagraph highly enriched uranium for the purposes of ‘‘a. The Commission may issue a license, or (B), the lease contracts shall provide for medical isotope production is the most effec- grant an amendment to an existing license, compensation in cash amounts equivalent to tive temporary means to increase the supply for the use in the United States of highly en- prevailing market rates for the sale of com- of molybdenum-99 to the domestic United riched uranium as a target for medical iso- tope production in a nuclear reactor, only if, parable uranium products and for compensa- States market. in addition to any other requirement of this tion in cash amounts equivalent to the net ‘‘e. To ensure public review and comment, Act— present value of the cost to the Federal Gov- the development of the certification de- ‘‘(1) the Commission determines that— ernment for— scribed in subsection c. shall be carried out ‘‘(A) there is no alternative medical iso- (i) the final disposition of spent nuclear through announcement in the Federal Reg- tope production target, enriched in the iso- fuel and radioactive waste for which the De- ister. tope U–235 to less than 20 percent, that can partment is responsible under paragraph (3); ‘‘f. At any time after the restriction of ex- be used in that reactor; and and port licenses provided for in subsection b. be- ‘‘(B) the proposed recipient of the medical (ii) other costs associated with carrying comes effective, if there is a critical short- isotope production target has provided assur- out the uranium lease and take-back pro- age in the supply of molybdenum-99 avail- ances that, whenever an alternative medical gram authorized by this subsection. able to satisfy the domestic United States isotope production target can be used in that (B) DISCOUNT RATE.—The discount rate medical isotope needs, the restriction of ex- reactor, it will use that alternative in lieu of used to determine the net present value of port licenses may be suspended for a period highly enriched uranium; and costs described in subparagraph (A)(ii) shall of no more than 12 months, if— ‘‘(2) the Secretary of Energy has certified be not greater than the average interest rate ‘‘(1) the Secretary of Energy certifies to that the United States Government is ac- on marketable Treasury securities. the Congress that the export of United tively supporting the development of an al- (5) AUTHORIZED USE OF FUNDS.—The Sec- States-origin highly enriched uranium for ternative medical isotope production target retary may obligate and expend funds re- the purposes of medical isotope production is that can be used in that reactor. ceived under leases entered into under this the only effective temporary means to in- ‘‘b. As used in this section— subsection, which shall remain available crease the supply of molybdenum-99 nec- ‘‘(1) the term ‘alternative medical isotope until expended, for the purpose of carrying essary to meet United States medical isotope production target’ means a nuclear reactor out the activities authorized by this Act, in- needs during that period; and target which is enriched to less than 20 per- cluding activities related to the final dis- ‘‘(2) the Congress enacts a Joint Resolution cent of the isotope U–235; position of spent nuclear fuel and radioactive approving the temporary suspension of the ‘‘(2) a target ‘can be used’ in a nuclear re- waste for which the Department is respon- restriction of export licenses. search or test reactor if— sible under paragraph (3). ‘‘g. As used in this section— ‘‘(A) the target has been qualified by the (6) EXCHANGE OF URANIUM FOR SERVICES.— ‘‘(1) the term ‘alternative nuclear reactor Reduced Enrichment Research and Test Re- The Secretary shall not barter or otherwise fuel or target’ means a nuclear reactor fuel actor Program of the Department of Energy; sell or transfer uranium in any form in ex- or target which is enriched to less than 20 and change for— percent in the isotope U–235; ‘‘(B) use of the target will permit the large (A) services related to the final disposition ‘‘(2) the term ‘highly enriched uranium’ majority of ongoing and planned experi- of the spent nuclear fuel and radioactive means uranium enriched to 20 percent or ments and medical isotope production to be waste for which the Department is respon- more in the isotope U–235; conducted in the reactor without a large per- sible under paragraph (3); or ‘‘(3) a fuel or target ‘can be used’ in a nu- centage increase in the total cost of oper- (B) any other services associated with car- clear research or test reactor if— ating the reactor; rying out the uranium lease and take-back ‘‘(A) the fuel or target has been qualified ‘‘(3) the term ‘highly enriched uranium’ program authorized by this subsection. by the Reduced Enrichment Research and means uranium enriched to 20 percent or (d) COORDINATION OF ENVIRONMENTAL RE- Test Reactor Program of the Department of more in the isotope U–235; and VIEWS.—The Department and the Nuclear Energy; and ‘‘(4) the term ‘medical isotope’ includes Regulatory Commission shall ensure to the ‘‘(B) use of the fuel or target will permit molybdenum-99, iodine-131, xenon-133, and maximum extent practicable that environ- the large majority of ongoing and planned other radioactive materials used to produce mental reviews for the production of the experiments and medical isotope production a radiopharmaceutical for diagnostic or medical isotopes shall complement and not to be conducted in the reactor without a therapeutic procedures or for research and duplicate each review. large percentage increase in the total cost of development.’’. (e) OPERATIONAL DATE.—The Secretary operating the reactor; and (b) TABLE OF CONTENTS.—The table of con- shall establish a program as described in sub- ‘‘(4) the term ‘medical isotope’ includes tents for the Atomic Energy Act of 1954 is section (c)(3) not later than 3 years after the molybdenum-99, iodine-131, xenon-133, and amended by inserting the following new item date of enactment of this Act. other radioactive materials used to produce at the end of the items relating to chapter 10 (f) RADIOACTIVE WASTE.—Notwithstanding a radiopharmaceutical for diagnostic or of title I: section 2 of the Nuclear Waste Policy Act of therapeutic procedures or for research and ‘‘Sec. 112. Domestic medical isotope produc- 1982 (42 U.S.C. 10101), radioactive material re- development.’’. tion.’’. sulting from the production of medical iso- SEC. 5. REPORT ON DISPOSITION OF EXPORTS. SEC. 7. ANNUAL DEPARTMENT REPORTS. topes that has been permanently removed Not later than 1 year after the date of the (a) IN GENERAL.—Not later than 1 year from a reactor or subcritical assembly and enactment of this Act, the Chairman of the after the date of enactment of this Act, and for which there is no further use shall be Nuclear Regulatory Commission, after con- annually thereafter for 5 years, the Sec- considered low-level radioactive waste if the sulting with other relevant agencies, shall retary shall report to Congress on Depart- material is acceptable under Federal require- submit to the Congress a report detailing the ment actions to support the production in ments for disposal as low-level radioactive current disposition of previous United States the United States, without the use of highly waste. exports of highly enriched uranium used as enriched uranium, of molybdenum-99 for SEC. 4. EXPORTS. fuel or targets in a nuclear research or test medical uses. Section 134 of the Atomic Energy Act of reactor, including— (b) CONTENTS.—The reports shall include 1954 (42 U.S.C. 2160d) is amended by striking (1) their location; the following: subsection c. and inserting the following: (2) whether they are irradiated; (1) For medical isotope development ‘‘c. Effective 7 years after the date of en- (3) whether they have been used for the projects— actment of the American Medical Isotopes purpose stated in their export license; (A) the names of any recipients of Depart- Production Act of 2011, the Commission may (4) whether they have been used for an al- ment support under section 3; not issue a license for the export of highly ternative purpose and, if so, whether such al- (B) the amount of Department funding enriched uranium from the United States for ternative purpose has been explicitly ap- committed to each project; the purposes of medical isotope production. proved by the Commission; (C) the milestones expected to be reached ‘‘d. The period referred to in subsection b. (5) the year of export, and reimportation, if for each project during the year for which may be extended for no more than 6 years if, applicable; support is provided;

VerDate Mar 15 2010 01:24 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S17NO1.REC S17NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7782 CONGRESSIONAL RECORD — SENATE November 17, 2011 (D) how each project is expected to support Mr. LEVIN. Mr. President, I ask My friend and colleague from Cali- the increased production of molybdenum-99 unanimous consent that the resolution fornia, Representative MIKE HONDA, in- for medical uses; be agreed to, the preamble be agreed troduced this resolution in the House (E) the findings of the evaluation of to, the motions to reconsider be laid and I am proud to follow suit here in projects under section 3(a)(2); and (F) the ultimate use of any Department upon the table, with no intervening ac- the Senate. I applaud his leadership on funds used to support projects under section tion or debate, and that any state- this important matter. 3. ments relating to the measure be print- Our resolution welcomes and com- (2) A description of actions taken in the ed in the RECORD. mends the Government of Japan for ex- previous year by the Secretary to ensure the The PRESIDING OFFICER. Without tending an official apology to all U.S. safe disposition of spent nuclear fuel and ra- objection, it is so ordered. former prisoners of war from the Pa- dioactive waste for which the Department is The resolution (S. Res. 332) was cific War and establishing in 2010 a vis- responsible under section 3(c). agreed to. itation program to Japan for surviving SEC. 8. NATIONAL ACADEMY OF SCIENCES RE- The preamble was agreed to. PORT. veterans, their families, and descend- The resolution, with its preamble, ants. (a) IN GENERAL.—The Secretary shall enter reads as follows: into an arrangement with the National The resolution appreciates the recent Academy of Sciences to conduct a study of S. RES. 332 efforts by the Government of Japan to- the state of molybdenum-99 production and Whereas the National Education Associa- ward historic apologies for the war utilization, to be provided to Congress not tion has designated November 13 through No- crimes of Imperial Japan. later than 5 years after the date of enact- vember 19, 2011, as the 90th annual observ- The resolution requests that the Gov- ment of this Act. ance of American Education Week; ernment of Japan continue its new Whereas public schools are the backbone of (b) CONTENTS.—The report shall include the Japanese/American POW Friendship following: the Nation’s democracy, providing young (1) For molybdenum-99 production— people with the tools they need to maintain Program of reconciliation and remem- (A) a list of all facilities in the world pro- the Nation’s precious values of freedom, ci- brance. ducing molybdenum-99 for medical uses, in- vility, and equality; It requests that the Government of cluding an indication of whether these facili- Whereas by equipping young people in the Japan respect the wishes and sensibili- ties use highly enriched uranium in any way; United States with both practical skills and ties of the United States former pris- (B) a review of international production of broader intellectual abilities, public schools oners of war by supporting and encour- molybdenum-99 over the previous 5 years, in- give them hope for, and access to, a produc- aging programs for lasting remem- tive future; cluding— brance and reconciliation that recog- (i) whether any new production was Whereas people working in the field of pub- brought online; lic education, be they teachers, principals, nize their sacrifices, history, and (ii) whether any facilities halted produc- higher education faculty and staff, forced labor. tion unexpectedly; and custodians, substitute educators, bus drivers, It acknowledges the work of the De- (iii) whether any facilities used for produc- clerical workers, food service professionals, partment of State in advocating for the tion were decommissioned or otherwise per- workers in skilled trades, health and student United States Prisoners of War from manently removed from service; and service workers, security guards, technical the Pacific war, and it applauds the (C) an assessment of progress made in the employees, or librarians, work tirelessly to persistence, dedication, and patriotism serve children and communities throughout previous 5 years toward establishing domes- of the members and descendants of the tic production of molybdenum-99 for medical the Nation with care and professionalism; uses, including the extent to which other and American Defenders of Bataan and Cor- medical isotopes that have been produced Whereas public schools are community regidor. with molybdenum-99, such as iodine-131 and linchpins, bringing together adults, children, According to the Congressional Re- xenon-133, are being used for medical pur- educators, volunteers, business leaders, and search Service, approximately 27,000 poses. elected officials in a common enterprise: U.S. prisoners of war were held by Im- (2) An assessment of the progress made by Now, therefore, be it perial Japanese forces during World the Department and others to eliminate all Resolved, That the Senate— War II. worldwide use of highly enriched uranium in (1) supports the goals and ideals of Amer- ican Education Week; and They were often subject to brutal and reactor fuel, reactor targets, and medical inhumane treatment. isotope production facilities. (2) encourages the people of the United They were starved and denied ade- SEC. 9. REPEAL. States to observe National Education Week The Nuclear Safety Research, Develop- by reflecting on the positive impact of all quate medical care and were forced to ment, and Demonstration Act of 1980 (42 those who work together to educate chil- perform slave labor for private Japa- U.S.C. 9701 et seq.) is repealed. dren. nese companies. SEC. 10. BUDGETARY EFFECTS. f American POWs toiled in mines, fac- The budgetary effects of this Act, for the WELCOMING AND COMMENDING tories, shipyards, and steel mills for purpose of complying with the Statutory THE GOVERNMENT OF JAPAN hours every day under extremely dan- Pay-As-You-Go-Act of 2010, shall be deter- gerous conditions. Many suffered mined by reference to the latest statement Mr. LEVIN. I ask unanimous consent health problems long after their time titled ‘‘Budgetary Effects of PAYGO Legisla- that the Senate proceed to the imme- as POWs had ended. tion’’ for this Act, submitted for printing in diate consideration of S. Res. 333 which Some 40 percent of POWs perished the Congressional Record by the Chairman of was submitted earlier today by Senator and never returned home to their loved the Senate Budget Committee, provided that FEINSTEIN. such statement has been submitted prior to ones. The PRESIDING OFFICER. The We owe these brave heroes a debt the vote on passage. clerk will report the resolution by f that can never be fully repaid. It is title. critical that we never forget their sac- The bill clerk read as follows: AMERICAN EDUCATION WEEK rifice. Mr. LEVIN. Mr. President, I ask A resolution (S. Res. 333) welcoming and A lot has changed since the end of commending the Government of Japan for unanimous consent that the Senate extending an official apology to all United the war. proceed to the immediate consider- States former prisoners of war from the Pa- Japan has emerged from the ashes of ation of S. Res. 332 which was sub- cific War and establishing in 2010 a visitation war to develop into one of our closest mitted earlier today by Senator program to Japan for surviving veterans, friends and allies and a responsible HAGAN. family members, and descendants. member of the international commu- The PRESIDING OFFICER. The There being no objection, the Senate nity. clerk will report the resolution by proceeded to consider the resolution. Our relationship is sustained by title. Mrs. FEINSTEIN. President, I rise shared values of democracy, human The bill clerk read as follows: today in support of this resolution hon- rights, and the rule of law. A resolution (S. Res. 332) supporting the oring former World War II U.S. POWs The American POWs—those that sur- goals and ideals of American Education from the Pacific theater and acknowl- vived—returned home and tried to Week. edging the steps the Japanese Govern- move on with their lives. There being no objection, the Senate ment has made to heal the wounds of They completed their education, got proceeded to consider the resolution. the past. married, started families, began new

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Whereas the United States-Japan alliance oners of war for the ‘‘immeasurable damage In the simplest terms, they wanted is based on shared interests, responsibilities, and suffering’’ they experienced; an apology. and values and the common support for po- Whereas the participants of the first Japa- In order for Japan to fully rejoin the litical and economic freedoms, human nese/American POW Friendship Program ap- international community, it had to ac- rights, and international law; preciated the generosity and hospitality knowledge its treatment of POWs dur- Whereas the United States-Japan alliance they received from the Government and peo- ing the ware. has been maintained by the contributions ple of Japan during the Program and wel- And groups like the American De- and sacrifices of members of the United comed the apology offered by Foreign Min- States Armed Forces dedicated to Japan’s fenders of Bataan and Corregidor and ister Okada and Deputy Chief Cabinet Sec- defense and democracy; retary Fukuyama; its Descendants Group worked tire- Whereas, from December 7, 1941, to August Whereas the participants encourage the lessly for this recognition. 15, 1945, the Pacific War caused profound Government of Japan to continue this pro- And I am pleased to say that Japan damage and suffering to combatants and gram of visitation and friendship and expand has taken historic actions in this area. noncombatants alike; it to support projects for remembrance, doc- On May 30, 2009, Japan’s Ambassador Whereas, among those who suffered and umentation, and education; and to the United States, Ichiro Fujisaki, sacrificed greatly were the men and women Whereas the United States former pris- told the last convention of the Amer- of the United States Armed Forces who were oners of war of Japan still await apologies captured by Imperial Japanese forces during and remembrance from the successor firms ican Defenders of Bataan and Cor- the Pacific War; regidor: of those private entities in Japan that, in Whereas many United States prisoners of violation of the Third Geneva Convention We extend a heartfelt apology for our war were subject to brutal and inhumane and in unmerciful conditions, used their country having caused tremendous conditions and forced labor; labor for economic gain to sustain war pro- damage and suffering to many people, Whereas, according to the Congressional duction: Now, therefore, be it Research Service, an estimated 27,000 United including prisoners of wars, those who States prisoners of war were held by Impe- Resolved, That the Senate— have undergone tragic experiences in rial Japanese forces and nearly 40 percent (1) welcomes and commends the Govern- the Bataan Peninsula, Corregidor Is- perished; ment of Japan for extending an official apol- land, in the Philippines, and other Whereas the American Defenders of Bataan ogy to all United States former prisoners of places. and Corregidor and its subsequent Descend- war from the Pacific War and establishing in 2010 a visitation program to Japan for sur- On September 13, 2010, in a message ants Group have worked tirelessly to rep- resent the thousands of United States vet- viving veterans, their families, and descend- to all U.S. former POWs, Japan’s For- erans who were held by Imperial Japanese ants; eign Minister Katsuya Okada said: forces as prisoners of war during the Pacific (2) appreciates the recent efforts by the You have all been through hardships dur- War; Government of Japan toward historic apolo- ing World War II, begin taken prisoner by Whereas, on May 30, 2009, an official apol- gies for the maltreatment of United States the Japanese military, and suffered ex- ogy from the Government of Japan was de- former prisoners of war; tremely inhumane treatment. On behalf of livered by Japan’s Ambassador to the United (3) requests that the Government of Japan the Japanese government and as the foreign States Ichiro Fujisaki to the last convention continue its new Japanese/American POW minister, I would like to offer you my heart- of the American Defenders of Bataan and Friendship Program of reconciliation and re- felt apology. Corregidor stating, ‘‘Today, I would like to membrance and expand it to educate the The Government of Japan has also convey to you the position of the govern- public and its school children about the his- ment of Japan on this issue. As former tory of prisoners of war in Imperial Japan; created a new program for former U.S. Prime Ministers of Japan have repeatedly (4) requests that the Government of Japan POWs and their family members to stated, the Japanese people should bear in respect the wishes and sensibilities of the come to Japan for remembrance and mind that we must look into the past and to United States former prisoners of war by reconciliation. learn from the lessons of history. We extend supporting and encouraging programs for I commend the Government of Japan a heartfelt apology for our country having lasting remembrance and reconciliation that for taking these actions. Our former caused tremendous damage and suffering to recognize their sacrifices, history, and forced POWs waited long enough. many people, including prisoners of wars, labor; There are fewer than 500 surviving those who have undergone tragic experiences (5) acknowledges the work of the Depart- in the Bataan Peninsula, Corregidor Island, POWs still alive today. ment of State in advocating for the United in the Philippines, and other places.’’; States prisoners of war from the Pacific War; Let us take a moment today, while Whereas, in 2010, the Government of Japan and we still can, to honor them and pay through its Ministry of Foreign Affairs has (6) applauds the persistence, dedication, tribute to their service to their coun- established a new program of remembrance and patriotism of the members and descend- try during difficult and trying times. and understanding that, for the first time, ants of the American Defenders of Bataan Let us also acknowledge the steps includes United States former prisoners of and Corregidor for their pursuit of justice Japan has taken to come to terms with war and their family members or other care- and lasting peace. its past and strengthen the friendship givers by inviting them to Japan for ex- change and friendship; f between our two peoples. Whereas six United States former prisoners I urge my colleagues to support this of war, each of whom was accompanied by a resolution. family member, and two descendants of pris- ORDERS FOR FRIDAY, Mr. LEVIN. Mr. President, I ask oners of war participated in Japan’s first NOVEMBER 18, 2011 unanimous consent that the resolution Japanese/American POW Friendship Pro- be agreed to, the preamble be agreed gram from September 12, 2010, to September Mr. LEVIN. Mr. President, I ask to, the motions to reconsider be laid 19, 2010; unanimous consent that when the Sen- upon the table, with no intervening ac- Whereas Japan’s Foreign Minister Katsuya ate completes its business today, it ad- tion or debate, and that any state- Okada on September 13, 2010, apologized to all United States former prisoners of war on journ until 9 a.m. tomorrow, Friday, ments relating to the measure be print- behalf of the Government of Japan stating, November 18, 2011; that following the ed in the RECORD. ‘‘You have all been through hardships during prayer and pledge, the Journal of pro- The PRESIDING OFFICER. Without World War II, being taken prisoner by the ceedings be approved to date, the objection, it is so ordered. Japanese military, and suffered extremely morning hour be deemed expired, and The resolution (S. Res. 333) was inhumane treatment. On behalf of the Japa- the time for the two leaders be re- agreed to. nese government and as the foreign minister, served for their use later in the day; The preamble was agreed to. I would like to offer you my heartfelt apol- The resolution, with its preamble, ogy.’’; that following any leader remarks, the reads as follows: Whereas Foreign Minister Okada stated Senate resume consideration of S. 1867, that he expects the former prisoners of war the Defense Authorization Act. S. RES. 333 exchanges with the people of Japan will ‘‘be- Whereas the United States and Japan have come a turning point in burying their bitter The PRESIDING OFFICER. Without enjoyed a productive and successful peace for feelings about the past and establishing a objection, it is so ordered.

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IN HONOR OF REVEREND H.H. Lusk II, of Philadelphia, Pennsylvania, Since September 11, 2001, 384 army soldiers LUSK, SR. Hendrick H. Lusk and Harold H. Lusk, both of have been killed in action from the 31st district Seaside. Reverend and Sister Lusk, Sr., re- of Texas, the highest number of any congres- HON. SAM FARR side in the city of Seaside, California. sional district in the country. Central Texans OF CALIFORNIA Mr. Speaker, I know I speak for the whole and their families have sacrificed much, and IN THE HOUSE OF REPRESENTATIVES House in congratulating Rev. Lusk on his long know that freedom is not free. service in ministry and his many accomplish- Today we celebrate the life and remember Thursday, November 17, 2011 ments. one of those patriots who served our country Mr. FARR. Mr. Speaker, I rise today to f and gave his all, Army Specialist Matthew honor the pastoral accomplishments of the Troy Morris. Matthew Morris was born on July Reverend H.H. Lusk, Sr. A native of Memphis, HONORING U.S. NAVY CAPTAIN 16, 1984, in Fairfax, Virginia. He attended Tennessee, Reverend Lusk has served as a DIANNE JOHNSON Fishburne Military School in Waynesboro, Vir- minister and professional community organizer ginia, where he earned an ROTC leadership in the City of Seaside, California for over 50 HON. LARRY BUCSHON award. He later attended Cedar Park High years. OF INDIANA School in Cedar Park, Texas, and went on to In the 1950s while living in Memphis, Rev- IN THE HOUSE OF REPRESENTATIVES score in the 90th percentile on each section of erend Lusk attended both Henderson Busi- the General Educational Development Test. Thursday, November 17, 2011 ness College and the Right School of Religion. Specialist Morris enlisted in the U.S. Army In 1984, he received his Bachelor of Science Mr. BUCSHON. Mr. Speaker, I rise today to in December 2005, and attended Basic Com- degree in Human Religions and Organization honor U.S. Navy Captain Dianne Johnson. bat Training (BCT) at Fort Jackson, South Behavior from the University of San Francisco. For the last 36 years, Captain Johnson has Carolina, followed by Advanced Individual Later, he earned a Master of Science degree loyally served our great nation. Training (AIT) at Aberdeen Proving Grounds, in Management and School Administration Her dedication, on both active and reserve Maryland. He graduated from AIT in June from Pepperdine University. duty, is one that sailors and citizens should 2006 as a Power Generation Equipment Me- After arriving in Seaside, California, Rev. emulate. I know that her absence will be no- chanic and was assigned to Howitzer Battery, Lusk began ministry at Bethel Baptist Church. ticed by all those who served alongside her. 2nd Squadron, and the 3rd Armored Cavalry Over the course of the last fifty years, he has For myself, and all her colleagues at the Regiment at Fort Hood, Texas. Specialist Mor- become an important religious and community Navy Operational Support Center in Indianap- ris served with the 3rd Armored Cavalry Regi- leader. Reverend Lusk has served in many olis, thank you Captain Johnson; may you ment, 1st Cavalry Division in Balad, Iraq. De- positions, including Vice Moderator of the St. have a fulfilling and enjoyable retirement that spite the dangerous nature of this work, he re- John District Association, which covers Cali- is richly deserved. mained devoted to his mission, and the her- fornia, Nevada, New Mexico and parts of Afri- f oism he demonstrated in Iraq earned him the ca. In addition he has served as either a lead- Bronze Star, Purple Heart, Army Good Con- er or member of such community organiza- ARMY SPECIALIST MATTHEW duct Medal, National Defense Service Medal, tions as the Monterey Peninsula Ministerial Al- TROY MORRIS POST OFFICE Iraq Campaign Medal, Global War on Ter- liance, the Seaside Chamber of Commerce, BUILDING rorism Service Medal, Army Service Ribbon, the Seaside Club International, the National Overseas Service Ribbon and Combat Action SPEECH OF Association for the Advancement of Colored Ribbon. People (NAACP), the Southern Christian HON. JOHN R. CARTER Matthew Troy Morris was killed on April 6th, Leadership Conference, the National Baptist OF TEXAS 2008, when his vehicle encountered a make- Convention U.S.A., and the National Alliance IN THE HOUSE OF REPRESENTATIVES shift bomb in Balad, Iraq. Matthew was only for Black Observation Day. He has also been 23 years old. He is the oldest of four children, Monday, November 14, 2011 active in community education and economic leaving behind Cory, Katie and Sam. Mat- opportunity. Mr. CARTER. Mr. Speaker, I rise today in thew’s parents are Lisa and Glenn Morris of In December 1992, Reverend Lusk was one strong support of H.R. 298, a bill that would Cedar Park, Texas. His father Glenn served of 100 ministers to be selected to be a part of designate the United States Post Office lo- our country in the Vietnam War and we thank the Cross Cultural Pastors Association for cated at 500 East Whitestone Boulevard in him for his service. Matthew was engaged to Peace delegation in Seoul, Korea. As a result Cedar Park, Texas as the ‘‘Army Specialist be married to Ms. Julia Richardson. He is sur- of this trip, he received a vision for Bethel to Matthew Troy Morris Post Office Building.’’ vived by his great-grandmother Ruth Staton organize ‘‘Home Cell Bible Study Groups’’ Mr. Speaker, I have the high honor of rep- Jordan, his grandparents Nancy Jackson and throughout the Monterey Peninsula and Sali- resenting the brave men and women at Fort Joane Walters, his aunt Diane Afflerbach and nas. In February 1993, Reverend Lusk accept- Hood, Texas, the largest military installation in uncles, John and Brian Walters. The sacrifice ed an invitation from President Nelson the world. Every day that I have the oppor- that our military families make often goes un- Mandela to be a part of the First African Na- tunity to serve in Congress, I do so knowing noticed, and I would like the entire Morris fam- tional Conference in history to be held on that my number one responsibility is to give ily to know that we will never forget Matthew South African soil. Reverend Lusk was also our men and women in uniform the support and the pain that you have endured. Our asked to be one of the monitors for the elec- and resources they need to be successful. country, and this House, has not forgotten tion held in Johannesburg in 1994. Each time I visit Fort Hood, I see America’s Matthew and we are proud to celebrate his life Among the many awards and honors be- finest, the soldiers who put it all on the line to on this day. stowed upon him are the Outstanding Service allow us to live in the greatest country on Matthew Morris exemplified the highest Award of the Anti-Poverty Council, the NAACP Earth. Only three days ago we celebrated Vet- ideals of the U.S. Armed Forces, and although Man of the Year Award, the Seaside Chamber erans Day, a somber reminder that freedom is his passing has left a void in the lives of those of Commerce Award, the Elvita Lewis Founda- not free. And today, here on the House floor, who were fortunate enough to know him, they tion Award, the Delta Sigma Theta Sorority, we remember those who gave the ultimate will forever carry memories of this heroic Inc. Award, The California Legislative Resolu- sacrifice for our country, another reminder to young man close in their hearts. tion Commendation, and a Congressional rec- us all that freedom is not free. Mr. Speaker, I urge immediate passage of ognition for Outstanding Contributions to the Representing Fort Hood, Texas also comes H.R. 298, and ask my colleagues to join me Community. with the sober reminder of the sacrifice that in honoring an American patriot and hero, Reverend Lusk is married to the former our young men and women in the military and Army Specialist Matthew Troy Morris of Cedar Bettye L. Jones. They have three sons, Herb their families make to the cause of freedom. Park, Texas.

∑ 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 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K17NO8.001 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2072 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 HONORING MARINE LANCE CPL. National Adoption Day began in November membrance initiated by school students JOSH MISIEWICZ FOR INJURIES of 2000 as an attempt to raise awareness for across the commonwealth to bring attention to SUSTAINED IN OPERATION EN- children in foster care waiting to find perma- their classmates coping with a loss. Thou- DURING FREEDOM nent, loving families. In particular, National sands of students will wear blue to show soli- Adoption Day aims to facilitate and finalize darity with, and support for, their peers. Others HON. DANIEL LIPINSKI adoptions in all 50 states, celebrate and honor will hold assemblies, bake sales, and presen- OF ILLINOIS those families who adopt, and encourage oth- tations to raise awareness. I commend these ers to consider adopting. Through the efforts IN THE HOUSE OF REPRESENTATIVES students for their initiative and the compassion of policymakers, practitioners and advocates, they are showing for their peers. Thursday, November 17, 2011 over 35,000 children have found homes on Through their programs and the generosity Mr. LIPINSKI. Mr. Speaker, I rise today to this day. This year alone, organizers hope to of their volunteers, Highmark Caring Place is honor Lance Cpl. Josh Misiewicz, a Marine finalize adoption for 4,500 foster care children. truly making a difference in the lives of griev- from the Third District of Illinois who was in- Mr. Speaker, it is imperative that Congress ing children and their families. I wish to ex- jured serving our country in Afghanistan. He acts to support the tireless efforts of organiza- press my sincere gratitude for the work they was awarded a Purple Heart after he stepped tions and individuals helping to find loving do. on an improvised explosive device (IED) and homes for the thousands of children living in f lost both of his legs. While I am sad for his foster care across the country. In my home loss, I am proud he served our country bravely state of Illinois, more than 15,000 children ea- HONORING THE 100TH ANNIVER- and I know he will continue to live a life of gerly await the day they are adopted into a SARY OF STEAMFITTERS LOCAL great achievement. permanent, stable, and caring family. Let us 439 Lance Cpl. Misiewicz’s achievements before give hope today to those children in search of the Marine Corps were remarkable. A well- the homes they desperately need and deserve HON. JERRY F. COSTELLO rounded young man, he was a standout stu- by raising awareness for this critical issue. OF ILLINOIS dent-athlete at Lyons Township High School, I urge my colleagues and fellow Americans IN THE HOUSE OF REPRESENTATIVES to support efforts that will unite children living was recognized by the state of Illinois for his Thursday, November 17, 2011 athletic achievement, and went on to play in foster homes with permanent families, and hockey for St. Mary’s University of Minnesota. to join me in recognizing National Adoption Mr. COSTELLO. Mr. Speaker, I rise today to He knew, however, that he wanted to serve Day on November 19. ask my colleagues to join me in honoring the his country and embarked upon one of the f 100th anniversary of Steamfitters Local 439 of greatest challenges an American can face: Caseyville, Illinois, affiliated with the United RECOGNIZING THE WORK OF Association of Journeymen and Apprentices of joining the Marine Corps. Demonstrating brav- HIGHMARK CARING PLACE CEN- ery and leadership, Lance Cpl. Misiewicz the Plumbing and Pipe Fitting Industry of the TERS AND REMEMBERING CHIL- United States and Canada. chose to join the infantry and rose to become DREN’S GRIEF AWARENESS DAY a squad leader. The history of the pipe trades goes back be- After being deployed to Helmand Province fore the Civil War. During the mid-nineteenth in Afghanistan, his unit was in charge of con- HON. JASON ALTMIRE century, plumbers, steamfitters and gas fitters OF PENNSYLVANIA tinuing efforts to drive out Taliban insurgents would have been represented by individual IN THE HOUSE OF REPRESENTATIVES and promote peace in the area. On July 20, trade locals. In 1889, a plumber from Boston 2011, in a patrol around that remote region, Thursday, November 17, 2011 sent a letter to a plumber in Washington, DC, Lance Cpl. Misiewicz’s life would change for- Mr. ALTMIRE. Mr. Speaker, today I wish to expressing an interest in forming a ‘‘United ever when an IED detonated near him and he recognize the good work being done in Penn- Brotherhood’’ and soon thereafter, the new lost both of his legs and much of his hearing. sylvania to help children and teenagers cope union was formed. The union name would Four days later he was transferred to Walter with the loss of a loved one. later be adopted as the United Association of Reed Military Hospital where he continues For more than a decade, Highmark Caring Journeymen and Apprentices of the Plumbing recuperating. Place centers in Pennsylvania have worked and Pipe Fitting Industry of the United States The difficulty of recovering from such an with hundreds of schools and businesses and Canada and be known as UA. event for Lance Cpl. Misiewicz and his family throughout the commonwealth to promote bet- On August 12, 1911, UA General President is beyond comprehension for many Ameri- ter strategies for helping young people deal Martin P. Durkin chartered Local 439 in East cans. The outpouring of local support from with the death of a loved one. This type of St. Louis, Illinois. The local hall would remain friends and neighbors, however, is a true tes- tragedy is a burden faced by too many young in East St. Louis for 76 years. In 1987, the tament to this young Marine’s character. The people. One out of every twenty children will current hall was erected in Caseyville, Illinois, love and care of his family and the compan- lose a parent, and one in seven children will and named the Donald J. Bailey Building in ionship of his fellow Marines will see him lose someone close to them—such as a broth- honor of Local 439’s retired business man- through this trying stage of his life. Our men er, sister, or grandparent—before they reach ager. In further recognition of the contributions and women in uniform are some of our brav- the age of 18. of Donald Bailey and the Steamfitters to the est people and Lance Cpl. Misiewicz is no ex- As the holiday season approaches, the pain community, St. Clair County named the street ception. He makes us all proud to be Ameri- of losing a loved one often grows as memo- where the union hall is located, Donald Bailey cans. ries of past holidays are revisited. Many griev- Drive. I ask you to join me in honoring Lance Cpl. ing children will feel alone and afraid, and al- The current business manager is Charles Misiewicz for his bravery, commitment to his though it is often believed that children are ‘‘Totsie’’ Bailey, who first joined Local 439 in fellow man, and sacrifice. May he have a less affected by loss and more able to easily 1978. Throughout his tenure as Local 439 speedy recovery and rehabilitation. I know that continue with their lives, the opposite is true. business manager, Totsie has worked tire- this is not the last time we will hear from this These children need the caring support of lessly to provide his members with the best impressive young man. family, friends, and others to help them under- representation possible and also to improve f stand and cope with their feelings. their skills through continuing education and Since its founding in 1997, Highmark Caring training. Through his leadership, additional RECOGNITION OF NATIONAL Place has served over 30,000 people and in training facilities have been opened and edu- ADOPTION DAY, NOVEMBER 19, 2011 2008 alone, provided the equivalent of cational programs have been developed. $428,000 in volunteer service hours. The pro- Totsie is a fierce advocate for his members HON. JESSE L. JACKSON, JR. gram brings together grieving children, their but he is also known for his generosity and his OF ILLINOIS families, and trained volunteers to share commitment to his community. Totsie leads by IN THE HOUSE OF REPRESENTATIVES meals, talk and play games, and engage in example and has personally donated his own group discussions with other families coping resources to assist members, retirees and Thursday, November 17, 2011 with the same experience. These programs families of his local as well as many within his Mr. JACKSON of Illinois. Mr. Speaker, I rise are free of charge to the community and open community. today in recognition of National Adoption Day, to anyone. Local 439 has always been very involved in November 19, 2011, and in support of more On November 17, Pennsylvanians will mark volunteer and fundraising efforts and the list of than 400,000 children living in foster care. Children’s Grief Awareness Day, a day of re- organizations they have helped includes; the

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.004 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2073 Multiple Sclerosis Society, the United Way, the man that takes his spirituality very seriously laws, I would hope that we can at least legis- St. Vincent De Paul Society and the and looks to spread its power with those he late in a manner that preserves the ability of Backstoppers, a local organization that pro- encounters. police to protect our communities from violent vides assistance to the families of fallen police Mr. Roundtree relocated to Queens, New criminals. officers and firefighters. Local 439 holds an York in 1968 where he met and wed Alma Finally, it is ironic that the self-appointed de- annual fundraiser to benefit the Illinois Fire Lee. Together they have one son and twin fenders of states’ rights would negate public Safety Alliance Burn Camp for Kids and has daughters. As a man of faith Mr. Roundtree safety laws across America through Congres- raised over $250,000 in eight years for this conducts himself as a devoted husband, fa- sional fiat. This bill effectively negates any worthy cause. ther, and grandfather. concealed carry laws in states for out of state Mr. Speaker, I ask my colleagues to join me Mr. Roundtree is a member of Antioch Bap- residents in a gross abuse of Congressional in congratulating the leadership and members tist Church, located in Brooklyn, New York. At power which endangers our communities and of Steamfitters Local 439 as they celebrate this church he served on the Usher Board and first responders. their 100th Anniversary and to wish them con- as Secretary of the Deacon Ministry for sev- This destructive legislation only will add to tinued success in the future. eral years. Currently he is the treasurer for the death toll that has already caused so much grief in communities like Northern Vir- f Sunday School. After 35 years of service Mr. Roundtree re- ginia. I urge my colleagues to vote against it. A TRIBUTE TO DAVID LAWSTUEN tired from Gould Paper Company in 2004. He f is now an employee of the Board of Education MARKING VETERANS DAY IN HON. TOM LATHAM in New York City. LEONARDTOWN, MD OF IOWA Throughout his life Mr. Roundtree has made IN THE HOUSE OF REPRESENTATIVES considerable achievements: In 2006 he had HON. STENY H. HOYER confirmation of his ordination as Deacon; in Thursday, November 17, 2011 OF MARYLAND 2010 he attained his Associate, Bachelor’s IN THE HOUSE OF REPRESENTATIVES Mr. LATHAM. Mr. Speaker, I rise today to and Master’s Degree’s in theology at North recognize the excellence in education in Iowa, Carolina College of Theology; and in 2010 he Thursday, November 17, 2011 and to specifically congratulate Northeast Iowa also had his confirmation of his ordination as Mr. HOYER. Mr. Speaker, on Veterans Day, Community College Dairy Science Professor Minister. I had the privilege of attending the annual pa- David Lawstuen for being named the 2011 Mr. Speaker, I would like to recognize Mr. rade honoring our veterans in Leonardtown Iowa Professor of the Year by the Council for James Roundtree for his dedicated service to and remembering the fallen service members Advancement and Support of Education and the church and his faith. from St. Mary’s County, Maryland. It was a the Carnegie Foundation for the Advancement f moving and meaningful ceremony, with many of Teaching. who have served our nation in uniform and The United States Professors of the Year NATIONAL RIGHT-TO-CARRY their families attending. The parade in program seeks out the most exceptional in- RECIPROCITY ACT OF 2011 Leonardtown is the largest in the state, with a structors in the country who make an impactful long tradition of honoring the service of Mary- difference in their student’s lives. Winners of SPEECH OF land veterans. this award must display an effective teaching HON. GERALD E. CONNOLLY The program included four students from method, as well as a demonstrably positive in- Leonardtown Elementary School, each of OF VIRGINIA fluence on his or her students. This program whom read a brief statement written to answer IN THE HOUSE OF REPRESENTATIVES is the only nationwide program that recognizes the question ‘‘What does Veterans Day mean the excellence of our nation’s undergraduate Wednesday, November 16, 2011 to me?’’ Their words were a powerful affirma- professors and mentors. Entries for this es- The House in Committee of the Whole tion that the ideals our service members have teemed program are reviewed by top U.S. House on the state of the Union had under fought to protect continue to be passed on to educators and administrators to ensure that consideration the bill (H.R. 822) to amend the next generation, and that with those ideals America’s best professors are bestowed the title 18, United States Code, to provide a na- we teach a love of country and respect for honor. tional standard in accordance with which service. I would like to share their statements Mr. Speaker, I consider it a great honor to nonresidents of a State may carry concealed with my colleagues. represent a state with such a proud academic firearms in the State. Katy Kindley wrote: ‘‘Veterans Day means reputation. Professor Lawstuen, his wife Mr. CONNOLLY of Virginia. Mr. Chair, after to honor and love the ones who fought in all Debbie, fellow colleagues, students, and par- a decade in which 10 to 12 thousand Ameri- wars or to honor someone who didn’t fight but ents of the NIACC community should be very cans were murdered with guns every single served to help those in damaged places. proud of the academic climate they have pro- year, the House is considering legislation to Where do they go when they leave? What duced. Professor Lawstuen’s student’s futures protect criminals’ ability to carry concealed places will they visit? Will they ever come are a little brighter with his capable instruction weapons. This reckless legislation almost cer- back? All armed forces that serve our country and I wish him and his colleagues the best as tainly would add to our gun homicide rate, take only with them—hope. The hope that they continue to provide a positive impact on which is already 19.5 times higher than other they won’t let those in need be [needy], the the future leaders of our state and country. developed countries. This bill will likely add to hope to succeed in their job, or the hope to Thank you. the gun violence death toll, which totals over just come home to their families. Navy, Army, f 1 million Americans since 1968. Air Force, U.S. Marines, or any other force H.R. 822, the National Right-to-Carry Reci- that serves our country take hope and the will A TRIBUTE TO JAMES ROUNDTREE procity Act, could open the door for criminals to serve with them. or terrorists to use fraudulent concealed weap- ‘‘If you are the child of a veteran, hold your HON. EDOLPHUS TOWNS on permits from other states. As the Virginia hand up. How do you feel when your mom or OF NEW YORK State Police wrote in a letter that I will submit dad leave to go on travel? Do you feel scared IN THE HOUSE OF REPRESENTATIVES for the record, state police in one state fre- they will never come back? Do you wonder if quently are unable to verify a concealed carry they will bring something back? All of your Thursday, November 17, 2011 permit from another state. For those states questions remain with you. I’m glad to say that Mr. TOWNS. Mr. Speaker, I rise today to where verification is possible, in many cases I too have a brilliant and most valiant veteran honor James Roundtree for his service of faith states have already established reciprocity. It to look up to—my dad. My dad does his best and prayer in Brooklyn and dedication to lead would be reckless, however, to establish a to serve in the Navy. A lot of times he leaves others towards a righteous path. uniform reciprocity standard under which our for a very long trip. One time, he left for seven Mr. Roundtree was born in Savannah, Geor- police cannot verify many concealed carry per- months! I was very sad. But I was overjoyed gia to Minister Levan and Rosabelle mits. Can we risk the possibility that a violent to see him come home. Let’s take a day to Roundtree. He is the third child of ten siblings criminal or a terrorist could be pulled over yet honor, love, and cherish the ones who served and grew up in a very religiously Christian be allowed to continue on their way because in our country. To all those veterans out there, home. Growing up Mr. Roundtree attended the police officer is unable to check the validity I say: you rock!’’ Dalton Baptist Church in Sylvania, Georgia of a concealed carry permit? Regardless of Liam Byers read his statement: ‘‘Can you where he served on the Usher Board. He is a our respective positions on concealed carry imagine what life would be like without our

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.007 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2074 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 brave veterans? We probably would live in a monies, visiting graves, and having the Great and its former District Manager. Later, she country where we were not free at all. We Silence. Many people visit the Tomb of the worked for an organization, The Faith Center couldn’t go to school and get a good edu- Unknown Soldier. This tomb holds the body of for Community Development, which special- cation for our futures. We couldn’t go to the a U.S. soldier who was killed in battle. Nobody ized in capacity building for organizations with- church we wanted or go to church at all. We knew who this fearless man was. in the faith-based community to enhance the probably couldn’t choose our jobs or even our ‘‘Veterans Day to me is an important holi- communities around them through areas of marriages! day. I do have a few veterans in my family. housing, day care, and multi-service facilities. ‘‘The brave veterans who risked their lives My Great-Grandpa Hal was a fighting ace in In addition to her work at the Community and health to fight to keep us free are perhaps the Air Force for many years. My family and Board, Ms. Phillips is very active in her some of the bravest people in our proud I hang our American flag from our house. We church. Her activities include singing in the American history. They keep us and our rights also wear red, white, and blue to honor Amer- choir, teaching children in Sunday School, and safe and free from oppression, such as com- ica. I think of many soldiers who endured she also worked with the Female Rites of Pas- munism and tyranny. many tough days away from their family fight- sage Program for young ladies between the ‘‘We have Veterans Day to honor the brave ing. I think, ‘Thank you for all you have suf- ages of 12–18 for twelve years. She has re- men and women who fought to keep us and fered just to keep us free and safe.’ ’’ cently become a Deacon in Brooklyn Commu- our country free. We have two minutes of si- Katy, Liam, Lauren, Maddie, and their class- nity Church. lence on Veterans Day called the ‘Great Si- mates, even at their young age, understand Ms. Phillips believes that God places you in lence,’ where we remember everybody who the sacrifices made by our veterans. I was diverse circumstances to allow you to fully un- fought (and died) for our freedom. My Boy glad they were able to participate in the cere- derstand exactly where you should be and Scout troop marches in a parade for Veterans mony alongside other public officials, and the what you should be doing. Day and throws candy to the parade watchers many veterans who were on hand. Ms. Phillips’ motto is: ‘‘If she can help (and sometime we pick up candy on the road Together, we all thanked the families of someone as she passes along this way; then for ourselves!). three St. Mary’s County fallen heroes for their her living will truly not be in vain. ‘‘On Veterans Day I feel proud to be living sons’ service and sacrifice. SPC Raymond J. Mr. Speaker, I would like to recognize Ms. in America, where our noble veterans serve in Faulstich Jr. and CPL Matthew Wallace gave Charlene Phillips for her extraordinary ability the Armed forces to keep our country free. their lives serving in Iraq, and SGT Ryan Pat- to serve her fellow constituents with unwaver- How do you feel on Veterans Day?’’ rick Baumann fell in combat in Afghanistan. ing dedication. Lauren Menges shared these thoughts: ‘‘Veterans Day is a day set aside to honor We also applauded a recently-returned f wounded warrior, Thomas Caleb Getscher, America’s servicemen and women for their pa- GREATER NEW BEDFORD SALUTES triotism, love of their country, and willingness who lost both legs and part of an arm in Af- ghanistan. Patuxent Habitat for Humanity will THE VERY REV. CONSTANTINE S. to sacrifice for our freedom. A veteran is any- BEBIS one who has served in the armed forces, such soon be helping to renovate his home to make as: Army, Navy, Marines, Coast Guard, or Air it more accessible. Force. In their memory, and in honor of the vet- HON. BARNEY FRANK ‘‘Veterans Day used to be called Armistice erans who returned home, we continue to re- OF MASSACHUSETTS Day. It honored the signing of the Armistice commit ourselves every Veterans Day to IN THE HOUSE OF REPRESENTATIVES that ended World War I on November 11, meeting our obligations to those who served Thursday, November 17, 2011 1918. The end of the war took place on the our nation and put their lives on the line for the freedoms we hold dear. Mr. FRANK of Massachusetts. Mr. Speaker, eleventh hour of the eleventh day of the elev- on October 30th, one of the great leaders of f enth month of 1918 with the German signing Southeastern Massachusetts retired—not from of the Armistice. It was declared a legal holi- A TRIBUTE TO CHARLENE our community, but in his official capacity as day on May 13, 1938, and was officially de- PHILLIPS the Pastor of St. George Greek Orthodox clared Veterans Day on November 11. Some Church. His retirement comes to some extent people celebrate with a parade. Most schools as a loss to our community, although after 58 have the day off. And other countries cele- HON. EDOLPHUS TOWNS years of superb service, no one can begrudge brate by observing two minutes of silence at OF NEW YORK him that step. But we do not believe he will be 11:00. IN THE HOUSE OF REPRESENTATIVES retiring from the extraordinarily important role ‘‘I have several family members who served Thursday, November 17, 2011 in the military. My great uncle, Gordon Moniz, he has played in the life of the community at served in the Korean War, and my uncle, Mr. TOWNS. Mr. Speaker, I rise today to large. Bryan Menges, served during Operation honor Ms. Charlene Phillips, a native New Father Bebis was a man of great enthu- Desert Storm. My first cousin, Joshua Yorker with a passion for helping others siasm for life, deep learning and an example Menges, graduated last year from West Point through non-profit means. or religion in its very best sense. To be with and is now actively serving his country. I love Ms. Phillips was educated in the New York him was to draw strength from him, to be in- that my family members served in the military. City Public School system. She attended Long spired and cheered by him, and to feel lucky I am grateful for all the veterans and for their Island University where she received an Asso- to be one of the countless people whom he bravery. ciate’s Degree in Liberal Arts and a Bachelor treated as friends. ‘‘I would like to quote from a poem by Linda of Arts Degree. She graduated with Honors, Mr. Speaker, in the New Bedford Standard Ellis called ‘Mommy, What is a Veteran?’ ‘How Suma Cum Laude. Times, Saturday, October 29th, Linda Andrade do you describe a veteran and the sacrifices Ms. Phillips is the District Manager for Com- Rodrigues wrote a very thoughtful piece that they made so that you and your children’s munity Board 3, a position she has held since captures the spirit of Father Bebis and the children could live free . . .and unafraid? How January 2006. She began working for the love that people in our region have for him. I do you describe a veteran for a child’s sake? Community Board in December of 2004. Ms. ask that this be printed here. You say: A veteran is a person to whom we Phillips has always enjoyed assisting people [From Southcoast Today, Oct. 29, 2011] owe every breath we take.’ ’’ and felt that she would be able to live her pas- ‘HE HAS ILLUMINED OUR MINDS, DEEPENED Also, we heard a statement from Maddie sion through her position of helping at the OUR SOULS, ENLARGED OUR HEARTS’: THE McCauley: ‘‘To many people, Veterans Day is Community Board. She has managed for the VERY REV. CONSTANTINE S. BEBIS RETIRES special. Veterans Day all started on November past 15 years to work in the field of service AFTER 58 YEARS AS PASTOR 11, 1919, as Armistice Day. Armistice Day provider to the community through diverse (By Linda Andrade Rodrigues) was to celebrate the first anniversary of World non-profit organizations. DARTMOUTH, NH.— The Very Rev. Con- War I. Armistice Day was to honor all the Prior to coming to Community Board 3, she stantine S. Bebis, the beloved pastor of St. brave soldiers who fought in World War I, worked in the office of Attorney Kimberly L. George Greek Orthodox Church for the past keeping the United States safe. Now, Vet- Detherage, again providing service to those of 58 years, will officially retire on Oct. 30, cele- our community. Ms. Phillips possesses a hum- brating his last Sunday service as erans Day is to honor all the brave souls who ‘‘proistamenos’’. fought in all wars, who gave us our freedom, ble spirit and is rarely seen in the forefront. In Born on the isle of Crete, Bebis never which many people elsewhere do not have. the 1990s she worked for a church where she dreamed that he would someday come to ‘‘Veterans Day is celebrated with speeches, provided services to the congregants, often America. As a young boy, he lived in parades, special church services or cere- utilizing the services of the Community Board Pireaus, Greece, with his widowed mother

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A17NO8.002 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2075 who struggled to raise her three young chil- souls, enlarged our hearts, broadened our The Lussier Family East, Northeast, and dren while working as a seamstress. compassion, enriched our spirit, and our hu- Lussier Family West branches of the YMCA of The family survived the German occupa- manity.’’ Dane County work in conjunction to better our tion from April 1941 to October 1944. Bebis said that his mission was crowned ‘‘Italy bombed us, Germany bombed us, when the congregation moved into their new community and provide valuable resources and then the allies bombed us,’’ he said. church building on Cross Road in Dartmouth and support. Along with the three branches, ‘‘Many of my neighbors got killed. How I two years ago. the four youth centers and numerous child survived was a miracle!’’ ‘‘It was an emotional thing for some of the care locations create a strong network dedi- Bebis said that during this difficult time, parishioners to leave the old church,’’ he cated to improving the lives of the members of the Greeks longed for emancipation from the said. ‘‘But the church is flourishing in our our community. Americans and the British. new facilities. I am amazed at the attend- I admire the mission and efforts of the ‘‘I had no money, but I wanted to study ance.’’ YMCA of Dane County and look forward to A resident of New Bedford, Bebis said that English,’’ he said. ‘‘I gave an English teacher many more years of service to our community. part of my bread coupons. I denied myself he will remain a faithful and supportive food so I could buy books and learn English.’’ member of the parish. I proudly join those across Dane County, the During a catechism class, the teacher ‘‘I decided to retire, but a priest never re- entire state of Wisconsin, and our great nation asked if any of the students had considered tires,’’ he said. ‘‘I will still be here as a mem- in celebrating the 125th anniversary of the the priesthood. ber of the parish. As long as I live, I will YMCA of Dane County and in thanking the ‘‘I was the only one who raised a hand,’’ he serve the church.’’ members, employees, volunteers, and donors said. ‘‘I wanted to become a priest like my f for their exemplary service to our community. grandfather.’’ f At the end of the class, the teacher asked CELEBRATING THE 125TH ANNI- him, ‘‘Do you want to go to America?’’ VERSARY OF THE YMCA OF A TRIBUTE TO IZORA NEAL ‘‘Of course,’’ he answered. DANE COUNTY A short time later an American bishop vis- ited Greece, and Bebis was chosen as a semi- HON. EDOLPHUS TOWNS narian. He arrived in the United States in HON. TAMMY BALDWIN OF NEW YORK 1947. OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES He received a full scholarship to study the- IN THE HOUSE OF REPRESENTATIVES Thursday, November 17, 2011 ology for the priesthood of the Greek Ortho- Thursday, November 17, 2011 dox Church. Mr. TOWNS. Mr. Speaker, I rise today to ‘‘This country has been wonderful to me,’’ Ms. BALDWIN. Mr. Speaker, I rise today in honor Detective First Grade Izora Neal for her he said. celebration of the 125th anniversary of the dedication to restoring law and order in my Bebis earned a master’s degree in theology YMCA of Dane County and to honor all those district, as well as for bridging the gap be- and was ordained on March 25, 1951. who make this institution such an influential tween the community and the police. The same year he wed Irene Vouris of Wa- part of our community. Detective First Grade Neal is currently as- tertown. As a component of the greater YMCA sys- signed as the Community Affairs Officer of Po- ‘‘I married a wonderful woman,’’ he said. tem, the Dane County Y exemplifies the val- ‘‘Irene was a beautiful lady, the redeeming lice Service Area #2. She entered the New feature in my life, and she gave me four mar- ues of the national organization. The YMCA of York City Police Department Academy in velous, successful children: Stephen, George, Dane County is committed to youth develop- 1994. Upon her graduation, she was assigned Paul and Constance. ment, healthy living, and social responsibility. to the PSA #2. Detective Neal excelled—en- ‘‘I am also grateful for my 11 grandchildren These three areas of focus fuel the numerous gaging in numerous arrests while gaining ex- and four great-children’’ programs and services the Y delivers to our perience on the force. Detective Neal was as- Bebis became the pastor of St. George community. In 2010, the YMCA of Dane Coun- signed to the Community Affairs position in Greek Orthodox Church in New Bedford on ty graciously spent more than $572,000 in pro- October 1997. She entered the position with Oct. 1, 1953. ‘‘When I came to New Bedford, some grams that benefit the public. confidence and a genuine desire to have a prominent people told me that this was a dif- The YMCA is a place where more than positive impact for all New York City Housing ficult parish in a difficult town, and they 19,800 youth members cultivate skills and Authority residents. gave me six months,’’ he said laughing. ‘‘I gain the self-confidence necessary to become Detective Neal was ambitious about the found the people extremely fine, and in every successful and positive members of society. prospects of becoming detective and made person I saw the image of Christ.’’ Programs like Fill the Gap help youth grow by great strides towards accomplishing her goal. Bebis has always been involved in ecu- targeting at-risk teens and engaging them in In July 1999, her perseverance was recog- menical activities, serving as a member of challenging and fun activities in safe environ- nized as she was promoted to the rank of De- the Inter-Church Council of Greater New tective Special Assignment. As a newly pro- Bedford since 1954. ments. Furthermore, thirty licensed before and ‘‘I was very happy to associate myself with after school sites throughout the county care moted Detective she continued in her present both my friends from the Inter-Church Coun- for 1,200 children each day. These sites pro- assignment and utilized her leadership and cil and the many Catholic priests,’’ he said. vide the necessary environment to keep chil- strong interpersonal skills, gaining the trust of In May 1976, the ecumenical patriarchate dren learning, engaged, and safe. all residents. In her continued pursuit for suc- of Constantinople awarded him the title of Additionally, the Y’s Healthy Living initiative cess, Detective Neal was promoted to the protopresbyter, the highest rank of a mar- is fighting the country’s obesity epidemic by rank of Detective Second Grade in February ried priest in the Greek Orthodox Church. encouraging a more active lifestyle. Each 2003. Although pleased with her present rank Bebis reached out to the community as year, the YMCA reaches over 60,000 people pastor; as founder of the antipoverty agency, and assignment, Detective Neal’s desire for the Agnes Braz and Hope Bean North End through their wellness programs and provides excellence compelled her to continue working Community Center; and as president of On- a safe and clean environment for exercise. hard. Her devotion for a better quality of life board Legal Services for the Poor, among a Furthermore, various exercise classes and ac- for all NYCHA residents proved to be very host of other charitable work. cess to pools and gymnasiums help encour- successful. In August 2006 she was promoted In May 2003, Metropolitan Methodios of age our community to stay fit and healthy. to the rank of Detective First Grade. Boston conferred upon Bebis the ancient of- The YMCA of Dane County also works to- Currently, Detective Neal continues to make fice of archimandrite, the title given to wards producing hard-working members of so- strides while assigned to Police Service Area priests who are eligible to become bishops. ciety with its social responsibility programs. #2, giving her the opportunity to display her Bebis was honored by the City of New Bed- ford in 2004 for his more than 50 years of The YMCA’s mission strives to ensure that leadership skills, and her dedication towards service to the community. His portrait by every person has the opportunity to learn, the community. As the Community Affairs Offi- artist Deborah Macy is on display at the New grow, and thrive, regardless of socio-economic cer one must ensure a bond of trust and reli- Bedford Free Public Library. status. One of the many ways the Dane Coun- ance between the police and community; one A bench in front of the Math and Science ty Y fulfills this mission is by providing support, must be open-minded, unbiased and sensitive building at Bristol Community College also educational, and training services to unem- to the concerns and problems within the com- pays tribute to the Greek immigrant who be- ployed citizens, which are desperately needed munity, display empathy and compassion with came the beloved father to his congregation, in the tough economic times we face today. sincerity, but not in a rehearsed manner. as well as friend and benefactor to the com- munity at large. This clear and determined dedication to im- These ideas are a part of the partnership that Marking his amazing journey are these proving the lives of community members not allows Detective Neal to define herself as the words carved in stone: ‘‘He has illumined our only physically, but also emotionally, highlights Community Affairs Officer of Police Service minds, clarified our vision, deepened our the importance of the YMCA of Dane County. Area #2.

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.003 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2076 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 Detective Neal is happily married to Anthony IN TRIBUTE TO JOHN P. Picatinny Arsenal—an invaluable national mili- Neal (whom she met on 09/11/2001), and has AMERSPEK tary resource and the home of American fire- a 5 year old son Jaylen. Mr. Speaker, I would power. like to recognize Detective Izora Neal for her HON. RODNEY P. FRELINGHUYSEN An expert in all phases of military program pursuit of excellence in the field of law en- OF NEW JERSEY management including the development of forcement. IN THE HOUSE OF REPRESENTATIVES new concepts through research and develop- ment, cost control, field service, production Thursday, November 17, 2011 f and budgeting, he rose to senior leadership Mr. FRELINGHUYSEN. Mr. Speaker, last positions at Picatinny. His goal was always to PERSONAL EXPLANATION week, our Nation paused to mark Veterans provide our warfighters with superior firepower Day. America’s soldiers, sailors, Marines and from a wide range of weapons for infantry, ar- Airmen and Airwomen have always responded tillery, mortars, rockets, missiles and aircraft- HON. TIMOTHY J. WALZ to the call of duty in defense of our great na- launched munitions. There is no doubt that his OF MINNESOTA tion. These dedicated members of our com- material and management contributions munity deserve our endless thanks, not only strengthened the Army, Navy, Marines and Air IN THE HOUSE OF REPRESENTATIVES on Veterans Day, but at every single oppor- Force. Thursday, November 17, 2011 tunity that we can show them our gratitude. John ended his formal government career in Therefore, my colleagues, it is quite fitting 1981 after 40 years of uniformed and civilian Mr. WALZ of Minnesota. Mr. Speaker, on that I call to your attention the dedicated serv- service. He went on to continue his contribu- rollcall No. 842 I voted ‘‘no’’ but intended to ice of one member of the ‘‘Greatest Genera- tions to our great military in various senior vote ‘‘yes’’. tion.’’ John P. Amerspek of Succasunna, New roles with the National Defense Industrial As- Jersey, will be celebrating the 90th anniver- sociation, the Army ARDEC Advisory Board, f sary of his birth this week and I invite you to among other organizations. His awards are join his family and friends in thanking this too numerous to list. RECOGNIZING THE FIRST ANNUAL great American for his many contributions. It should suffice to say that in 2004, NATIONAL RURAL HEALTH DAY Like so many of his generation, John Picatinny’s Armament Research Development Amerspek knew the necessity of accepting Engineering Center, ARDEC, named its head- one’s responsibilities and was willing to make quarters’ executive conference room after HON. CANDICE S. MILLER sacrifices for his country. As troops of the John Amerspek. Today as senior military and civilian leaders OF MICHIGAN World War II era were known to say: ‘‘if the country is good enough to live in, it’s good enter the conference room, they pass a simple IN THE HOUSE OF REPRESENTATIVES enough to fight for.’’ bronze plaque, bearing his likeness and the Thursday, November 17, 2011 Thus, John found himself in the United phrase ‘‘Soldier, Leader, Patriot, 1942–1981,’’ States Army’s 3rd Division, far from home, Anyone who has had the privilege of know- Mrs. MILLER of Michigan. Mr. Speaker, fighting one of the most controversial, yet least ing John Amerspek, understands that he fits today, I am proud to offer my support of the publicized, major engagements of World War those descriptions precisely. first ever National Rural Health Day. II—the Anzio Beachhead in western Italy. Having just marked Veterans Day and as we prepare for the Thanksgiving season, it is My district is home to five rural hospitals, It was a brutal campaign, but essential to eventual Allied victory in Europe. The two Ger- fitting that all Americans give thanks for the Deckerville Community Hospital, Harbor service of John Amerspek and all of his fellow Beach Community Hospital, Marlette Commu- man corps engaged on the Anzio front were originally destined for Normandy. The success soldiers, leaders and patriots—past, present nity Hospital, Scheurer Hospital and McKenzie and future. Memorial Hospital. of the Allied landings on the beaches in France in June 1944 were due largely to the f Thanks to these hospitals, my constituents, tenacity of the Allied forces at Anzio. A TRIBUTE TO MAJOR MORRISON as well as 62 million Americans living in small But the price of this crucial victory was high. towns and rural communities across the Allied forces suffered nearly 87,000 casualties. United States, have greater access to medical In one measure of the courage and sacrifice HON. EDOLPHUS TOWNS OF NEW YORK services and comprehensive care near the of those who fought there, 22 Americans were IN THE HOUSE OF REPRESENTATIVES communities where they live. awarded the Congressional Medal of Honor, During my time in Congress, I have been the most of any single battle of World War II. Thursday, November 17, 2011 proud to support rural hospitals in my district. John was there from the beginning. He was Mr. TOWNS. Mr. Speaker, I rise today to I took a leading role in helping to complete the wounded twice and discharged himself from a honor Mr. Major Morrison for his dedicated Thumb Rural Health Network’s wireless com- field hospital so he could return to the fight public service to his country, community, and munications system. This infrastructure links with the mates in his own unit. As John says family. all eight of the rural hospitals serving Huron, matter-of-factly, ‘‘I was one of the very fortu- Reverend Major Morrison, III is son of Mar- Sanilac, and Tuscola Counties, in order to cre- nate ones that not only survived Anzio, but the ian and Major Morrison, Jr. Reverend Morrison ate greater communication about patient care many campaigns to follow. I would never re- grew up in New York City where he attended between this region’s hospitals and allow for gret the experience, but would never like to Medgar Evers College with a concentration in more medical consultation from specialists experience it again.’’ Liberal Arts. He then transferred to New York from other Michigan facilities via remote tech- John’s units were the first to liberate Rome. City Community College and studied Mechan- nology. And then it was off to the Island of Corsica, ical Engineering. I believe that it is critically important for all Southern France, the Alsace Lorraine, the In 1979, Reverend Morrison joined the Michigan residents to have access to quality Vosge Mountains, crossing the Rhine into United States Merchant Marines and served health care services, and I know that each Germany and finally into Salzburg, Austria. until 1998. He was elevated to the post of rural hospital is continually looking for innova- In the course of this extended personal Watch Engineer. Reverend Morrison served tive and resourceful ways to reach this goal campaign, John Amerspek was among the lib- one tour duty in Operation Desert Storm and despite geographical obstacles. erators at the infamous Dauchau concentra- Desert Shield in 1991. After serving his coun- tion camp. In late April 1945, American troops try he started working at the Veterans Medical In my district, rural hospitals account for found approximately 32,000 prisoners, Center in New York City where he is presently nearly 1,000 jobs. In a time of economic un- crammed 1,600 to each of 20 barracks, which a Systems Boiler Plant Operating Engineer. certainty and rising unemployment that has had been designed to house 250 people each. Reverend Morrison was called into the min- hurt Michigan businesses and families, I am Nearly 32,000 people were exterminated at istry at an early age. He was baptized in the encouraged by the many benefits rural hos- this camp, which John appropriately called the Methodist tradition and faith. Reverend Morri- pitals bring to the communities they serve. ‘‘Dauchau Horror Camp.’’ son was a choir member; Boy Scout; and I would like to praise rural hospitals on Na- After the war, John returned home to New served as an usher. Reverend Morrison has tional Rural Health Day and extend my thanks Jersey, took advantage of the GI bill and preached the Gospel of Jesus Christ in var- for the work they do for our communities in my eventually began 60 years of official and unof- ious denominational settings: Baptist; Meth- district, as well as across the Nation. ficial professional support of the Army’s odist; and Presbyterian.

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.011 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2077 Reverend Morrison felt compelled to con- my colleagues to join with me in supporting more than 32 years, of the American Ex-Pris- tinue his education and enrolled in Somerset passage of this bill. oners of War Liberty Bell Chapter. Cay’s late Christian College pursuing a Bachelor of Arts f husband, Leroy Burns, was a former American Degree. Upon completing his degree at Som- prisoner of war who joined the Army shortly erset Christian College, Reverend Morrison RECOGNIZING FORMER PRISONERS after World War II began. He conducted his will enhance his ministerial capabilities as a OF WAR FROM THE COMMUNITY basic training at what is now Fort Dix. He biblical interpreter at The New York Theo- served in the North Africa campaign and was logical Seminary in the Master of Divinity Pro- HON. MICHAEL G. FITZPATRICK captured in 1944 when his unit was overrun gram. OF PENNSYLVANIA by German forces in Italy. Cay’s tireless work Reverend Morrison has been engaged in IN THE HOUSE OF REPRESENTATIVES has been instrumental in the creation of this many civic associations: he is a former mem- Thursday, November 17, 2011 memorial grove honoring the former prisoners ber of Community Board 4; sat on the Public of war from our community. Safety and Human Services Committee; was a Mr. FITZPATRICK. Mr. Speaker, I would like Furthermore, I thank the students of Bucks chaplain for the New Jersey Eastern Star to recognize eight true American heroes from County Technical High School and their teach- Home; and serviced the veterans at St. Albans my community: From Bucks County, William er Steve Whitmore. These students played a Community Living Center—Unit A5. Bond, William Clarke, Russell Hoff, John fundamental role in providing the stone Mr. Speaker, I would like to recognize Mr. Masko and James Reily; from Montgomery plaques that now honor the service and sac- Reverend Major Morrison for his excellence in County, Donald Lewis and Edgar Waite, Jr.; rifice of the eight remaining former prisoners working with Veterans and his service within and from Burlington County, New Jersey, Al of war from our community. There was a the church. Romanowski. I am honored to address you shortage of funding available, but these stu- and I want to take this opportunity now to per- dents volunteered their time to turn the memo- f sonally thank each one of them for extra- rial grove into a reality. NATIONAL RIGHT-TO-CARRY ordinary service to our Nation. Again, one final thanks to William Bond, Wil- RECIPROCITY ACT OF 2011 It is because of men like these that America liam Clarke, Russell Hoff, John Masko and has the strongest, most professional military in James Reily, Donald Lewis, Edgar Waite, Jr., SPEECH OF history and the freedoms that we enjoy today. and Al Romanowski for their service and sac- HON. ROBERT HURT Some may say our military strength is due to rifice as former American prisoners of war. our technological and weapon superiority, but, They are true protectors of liberty in this world OF VIRGINIA as General George S. Patton said, ‘‘Wars may and their dedication to a grateful Nation will IN THE HOUSE OF REPRESENTATIVES be fought with weapons, but they are won by never be forgotten. Wednesday, November 16, 2011 men. It is the spirit of men who follow and of f The House in Committee of the Whole the man who leads that gains the victory.’’ 145TH ANNIVERSARY OF THE The men and women who make up our Na- House on the state of the Union had under FOUNDING OF THE ASPCA consideration the bill (H.R. 822) to amend tion’s armed forces are the most dedicated, title 18, United States Code, to provide a na- most patriotic, and most courageous soldiers. tional standard in accordance with which They are unwilling to accept anything less HON. CAROLYN B. MALONEY nonresidents of a State may carry concealed than mission success. OF NEW YORK firearms in the State. During the Second World War, our country- IN THE HOUSE OF REPRESENTATIVES Mr. HURT. Mr. Speaker, today, I rise in sup- men joined the fight to eradicate the insidious Thursday, November 17, 2011 port of H.R. 822, the National Right-to-Carry spread of Nazism and Fascism across Europe Mrs. MALONEY. Mr. Speaker, I rise today Reciprocity Act offered by my colleagues, and Asia. Over 16 million Americans served to honor the 145th anniversary of the founding Representatives STEARNS and SHULER. I want during World War II. 416,837 made the ulti- of the American Society for the Prevention of to thank them for their leadership on this legis- mate sacrifice for their nation during this war. Cruelty to Animals (ASPCA), which has been lation, which protects the basic second Your service helped shape the world we see headquartered for the last 60 years on the amendment freedoms that are so important to today, a world with America’s beacon of free- East Side of Manhattan in my congressional central and southside Virginians. dom still shining proudly. district. Founded by Henry Bergh in 1866, the This bipartisan bill would allow valid state- Tens of thousands of others were captured ASPCA provides effective means for the pre- issued concealed firearm carry permits to be and subjected to harsh conditions and rough vention of cruelty to animals in New York City honored by any state or U.S. territory that al- treatment as prisoners of war. Since World and throughout the United States. lows concealed carry, requiring that each state War I, over 142,000 Americans have been The ASPCA was the first humane society in recognize another’s carry permits, just as they captured and interned as prisoners of war. North America. Throughout its 145-year his- recognize each other’s drivers’ licenses. There are nearly 30,000 former POWs that tory, the ASPCA has operated under the belief Currently, 49 of 50 states, including the are still living—with almost 90 percent of those that animals are entitled to be treated kindly Commonwealth of Virginia, have laws permit- having been captured during World War II. and respectfully by humans and to be pro- ting concealed carry in some fashion. Addi- The brave service members I honor today tected by the law. Last year, thousands of tionally, over half of those states—25 of those make up just eight names of those 30,000— pets were adopted from its Onyx and Breezy 49—already honor the Virginia concealed but they have had a significant impact within Shefts Adoption Center and over 37,000 free carry permit. our local communities. William Clarke and or low-cost spay and neuter surgeries were This legislation, which has overwhelming James Reily had been crew members on B– provided to needy pet parents across the five support in the House—from representatives 17 bombers that were shot down over enemy boroughs. The ASPCA’s Bergh Memorial Ani- from 48 states and both sides of the aisle— territory. The others were with infantry units mal Hospital has been providing affordable, would allow central and southside Virginians that were captured by enemy forces. quality veterinary care in the New York metro- to utilize their carry permits in all of the 49 Our Nation is thankful for their service and politan area since 1912. states that allow concealed carry. I remain committed to providing those who Although the ASPCA was founded to help The constitutional right to keep and bear have sacrificed so much with the highest qual- protect working horses and other animals in arms and the ability to defend one’s self are ity care and all the benefits that they deserve. New York City, its services and outreach now fundamental liberties which were protected by George Washington said, ‘‘The willingness stretch to animals and communities throughout our founding fathers. H.R. 822 recognizes that with which our young people are likely to the United States. From shelter and rescue these basic liberties should not be constrained serve in any war, no matter how justified, shall grants, to veterinarian care and training, to by borders or boundaries, and does so without be directly proportional to how they perceive cruelty response and humane law enforce- hindering states’ authority to set criteria for the Veterans of earlier wars were treated and ment, the ASPCA is a national leader in ani- their own residents, and without affecting state appreciated by their nation.’’ Today, a new mal cruelty prevention. In 2010, its Animal Poi- laws that regulate how concealed firearms are generation of brave men and women, inspired son Control Center handled over 167,000 carried. by their legacy of service and sacrifice, has cases. The ASPCA’s disaster response team I am proud to cosponsor this legislation as answered the call to defend America from the has cared for animals during emergencies na- I continue to work to protect our second new global threat of terrorism. tionwide, including after animal fighting raids, amendment freedoms for those in Virginia’s I thank Catherine ‘‘Cay’’ Burns for her dedi- and recently in Joplin, Missouri, and in the 5th District and across the country, and I urge cation and leadership as Commander, for aftermath of Hurricane Irene.

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.012 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2078 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 Henry Bergh stated, ‘‘mercy to animals states, known as the National Right-to-Carry T IS FOR TENACIOUS means mercy to mankind.’’ He knew compas- Reciprocity Act. sion for animals leads to a better human heart HON. TED POE and society. I am proud to congratulate the f OF TEXAS ASPCA and its over one million supporters on IN THE HOUSE OF REPRESENTATIVES its 145th anniversary. They continue to be the HONORING THE REVEREND DR. voice of those unable to speak for themselves. DAVID C. FORBES, SR. Thursday, November 17, 2011 f Mr. POE of Texas. Mr. Speaker, T is for Te- HON. DAVID E. PRICE nacious. A TRIBUTE TO ALICE ADELL Withelma ‘‘T’’ Ortiz-Macey who was recently MAYS OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES awarded a Woman of the Year award by Glamour Magazine exemplifies tenacity. HON. EDOLPHUS TOWNS Thursday, November 17, 2011 T is a survivor of domestic minor sex traf- OF NEW YORK Mr. PRICE of North Carolina. Mr. Speaker, ficking, but she does not let her past trauma IN THE HOUSE OF REPRESENTATIVES I rise today to bring to the attention of my col- get in the way of her advocacy for other vic- Thursday, November 17, 2011 leagues the remarkable life of service of the tims of this horrendous crime. Reverend Dr. David C. Forbes, Sr. of Raleigh, She shares her story with Members of Con- Mr. TOWNS. Mr. Speaker, I rise today to North Carolina. gress, advocates, the public, and other victims honor Ms. Alice Adell Mays for the many ac- Dr. Forbes is the founding Pastor of Chris- in order to put an end to this dastardly deed complishments she has attained in my district tian Faith Baptist Church, and he is retiring so that no one else ever has to go through the throughout her life. from the church after 21 years of faithful min- violence and trauma she endured. Ms. Mays was born in Halifax County Vir- istry. His work there culminates a lifetime of T’s life has not been easy. ginia, about six and a half decades ago. service to the cause of social justice and to She was abused as a child and when she Growing up on a farm as the second oldest of the betterment of the community. met someone who she thought would love and five children she was endowed with the re- Dr. Forbes came of age during the civil care for her, she was made into a sex slave, sponsibility of being the caregiver at an early rights movement of the 1960s. He embraced her innocence crushed. age. This was never an issue for Ms. Mays, his place in history, helping to found the Stu- Domestic minor sex trafficking is a hidden as she always had a loving and compas- dent Non-Violent Coordinating Committee, crime, one that many do not realize occurs in sionate heart. communities all over our country. later led so ably by our colleague, Rep. JOHN Ms. Mays was educated in Virginia and later Young girls are sold on the street and on LEWIS. Dr. Forbes quickly made his mark as a migrated to New York City. Once settled in, the Internet for profit. leader. He has spent the last fifty years an- she began working as an usherette for play- And to make matters worse, these girls are swering the prophetic call to justice and lead- wrights such as Neil Simon at the Eugene usually treated as criminals, when in reality ing others to join him. O’Neil Theatre and other local theatres. Pres- they are victims. After graduating from Shaw University with ently, she is a Childcare Provider and package These girls need specialized treatment, not a degree in education, David Forbes spent his receiver for the community. She has not only to be thrown in a jail cell. raised her own children, but she has been a early career focused on the needs of young And T is working to change this. community mother for numerous years. people. He taught middle school students in T is an incredible young woman, and I com- Later she met and married George (Gee) Wilson, North Carolina, and then headed north mend her for her great work and congratulate W. Mays. Together they reared six children; to New York, where he worked as a teacher, her on her recent award. three have preceded them in death. She also youth center director, and VISTA coordinator. And that’s just the way it is. Along the way, he earned a master’s degree has four grandchildren and one great grand- f child. Through it all, her faith has gotten in social work from Adelphi University and stronger in Christ, and she gives back to her transitioned to the world of higher education, DELAWARE COUNTY CHAMBER OF community through her devout religiosity. spending more than a decade teaching at Vir- COMMERCE, 125TH ANNIVERSARY Ms., Mays was a faithful member of the ginia Commonwealth University. Greater Friendship Baptist for many years It was during this time that Dr. Forbes found HON. PATRICK MEEHAN his calling as a minister, and, eventually, came where she served as President of the Dea- OF PENNSYLVANIA home to North Carolina. He spent 6 years as coness Board and on the pastor’s aide min- IN THE HOUSE OF REPRESENTATIVES istry. In 2003, after the death of her mother, senior minister of Martin Street Baptist Church Thursday, November 17, 2011 she moved her membership to Union Baptist in Raleigh before becoming the founding pas- Church. There she works in the capacity as tor at Christian Faith Baptist. Christian Faith Mr. MEEHAN. Mr. Speaker, I rise today to President of the Pastor’s Aide and will willingly Baptist isn’t just a place of worship; it is an ac- honor the 125th Anniversary of the Delaware help other church ministries in their efforts. tivist congregation dedicated to serving the County Chamber of Commerce. Ms. Mays has many hobbies that include least among us and to achieving what Dr. Small businesses are the backbone of our conversing with people from all walks of life; Martin Luther King, Jr. called the ‘‘beloved economy. This is especially true in Delaware playing games of various sorts; and beautifi- community.’’ Through David’s leadership, the County. The business owners and entre- cation of one’s self, making sure her hair, church has taken on many missions both lo- preneurs help make our region what it is nails, and makeup are done on a daily basis. cally and internationally, such as sponsoring today. These businesses have been relying on Mr. Speaker, I would like to recognize Ms. free HIV/AIDS testing clinics; providing Satur- the support and services of the Delaware Alice Adell Mays for her dedication to her faith day meals for the needy; funding scholarships County Chamber of Commerce for 125 years. and the nurturing personality she has devel- for young men; and supporting the children of They are a true asset to our community. The oped with all those she is in contact with. incarcerated parents. Chamber provides businesses with valuable f Dr. Forbes’ partner in all things was his wife benefits, seminars and programs that give our of nearly 50 years, Hazel Baldwin Forbes, who business community the tools they need to PERSONAL EXPLANATION passed away last year. Hazel shared David’s succeed. passion for education and the church, and she Particularly during this time of economic un- HON. COLLIN C. PETERSON and my wife Lisa found they had much to talk certainty, the Delaware County Chamber of OF MINNESOTA about as fellow social workers. She was also Commerce provides an immeasurable benefit. IN THE HOUSE OF REPRESENTATIVES a gifted musician, and served as choir director As the bridge between business and govern- and accompanist at Christian Faith. ment, the Chamber has helped create a busi- Thursday, November 17, 2011 Dr. David Forbes leaves a rich legacy at ness friendly environment. By showcasing the Mr. PETERSON. Mr. Speaker, I should Christian Faith, one that will be both remem- incredible benefits of Delaware County, the have voted yes on H. Res. 463, the rule that bered and upheld. I speak for many North Chamber is demonstrating why they are would provide for House floor consideration of Carolinians in honoring him as a ‘‘good and poised to lead us into a new era of growth. H.R. 822, a bill that would require states that faithful servant’’ who has helped build a better On behalf of the region’s residents, I con- allow the concealed carry of firearms to recog- and more just world in everything he has gratulate the Delaware County Chamber of nize concealed-carry permits issued by other done. Commerce on its 125th anniversary. I want to

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.010 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2079 thank the Board, staff and members for their one carrying a gun is doing so illegally. I op- PERSONAL EXPLANATION service to southeastern Pennsylvania and for pose this legislation in order to preserve the making our region a wonderful place to live, safety of our communities and prevent the gun HON. MARTIN HEINRICH work and raise a family. I wish them all the violence that has claimed hundreds of inno- OF NEW MEXICO best for continued success in the future. cent lives. IN THE HOUSE OF REPRESENTATIVES f f Thursday, November 17, 2011 NATIONAL RIGHT-TO-CARRY Mr. HEINRICH. Mr. Speaker, I unfortunately RECIPROCITY ACT OF 2011 A TRIBUTE TO CARL LUCIANO missed votes which included roll call votes 829, 830, 831, 832, 833, 834, 835, and 836. SPEECH OF HON. EDOLPHUS TOWNS If I had been present, I would have voted in HON. BETTY McCOLLUM opposition of rollcall vote 829, the Previous OF NEW YORK OF MINNESOTA Question on the Rule providing for consider- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ation of H.R. 2838. If I had been present, I would have voted in Wednesday, November 16, 2011 Thursday, November 17, 2011 opposition of rollcall vote 830, H. Res. 455— The House in Committee of the Whole Mr. TOWNS. Mr. Speaker, I rise today to Rule providing for consideration of H.R. House on the state of the Union had under honor Mr. Carl Luciano, a Brooklynite who has 2838—Coast Guard and Maritime Transpor- consideration the bill (H.R. 822) to amend offered decades of service to my community tation Act of 2011. title 18, United States Code, to provide a na- If I had been present, I would have voted in tional standard in accordance with which through education and social welfare pro- nonresidents of a State may carry concealed grams. favor of rollcall vote 831, H.R. 3321—Amer- ica’s Cup Act of 2011. firearms in the State. Mr. Luciano is a lifelong Brooklynite, edu- If I had been present I would have cast the Ms. MCCOLLUM. Mr. Chair, I rise in strong cated in the New York Public school system. following votes on amendments to the Coast opposition to H.R. 822 because it threatens to It was the streets of Brooklyn that gave Mr. Guard and Maritime Transportation Act of undermine our states’ ability to enforce their Luciano the passion for the work that he cur- 2011: rollcall vote 832 (Cummings Amend- own gun laws and endangers the safety of our rently does. He is presently working with ment): ‘‘yea;’’ rollcall vote 833 (Thompson citizens, especially those that serve in law en- Councilmember Darlene Mealy and has had Amendment): ‘‘yea;’’ rollcall vote 834 (Napoli- forcement. the fortunes of working with many other offi- tano Amendment): ‘‘yea;’’ rollcall vote 835 If this legislation passes, it would mean that cials in the Brooklyn community. (Bishop Amendment): ‘‘yea;’’ rollcall vote 836 the Republican-controlled Congress will auto- The Lord has allowed Mr. Luciano to work (Slaughter Amendment): ‘‘yea.’’ matically give anyone the right to carry a con- under three other elected officials. The bless- f cealed, loaded weapon into Minnesota’s ing in working with all of these elected officials neighborhoods. This reckless bill is opposed is that they all share the same passion as Mr. PERSONAL EXPLANATION by mayors, governors, domestic violence pre- Luciano towards education and empowerment vention advocates, and major law enforcement of the community of Bedford Stuyvesant. HON. BETTY McCOLLUM organizations, including the Minnesota Chief of Through education, a youth can change their OF MINNESOTA Police Association. As members of our law en- personal lives and the lives of others living in IN THE HOUSE OF REPRESENTATIVES forcement community will attest, the best way their community. It is Mr. Luciano’s way of to prevent gun violence is to keep guns off the paying it forward—the service he offers Brook- Thursday, November 17, 2011 street and out of the hands of criminals. Gun lyn constituents. Ms. MCCOLLUM. Mr. Speaker, yesterday I traffickers routinely take advantage of gun Mr. Luciano has resided in Bedford was meeting with the Secretary of the U.S. show loopholes and negligent background Stuyvesant for over forty years. He has wit- Department of Transportation and the Sec- checks to divert guns from the legal market nessed the good and bad of his community. In retary of the U.S. Department of Interior. Due into the criminal market. This legislation his spare time he devotes attention to youth to time constraints, I was unable to make it to makes it even more difficult to trace illegal intervention, willing to communicate with any- the House floor to vote for Amendment No. 2 guns and keep them out of the hands of those one interested in learning the power of com- to H.R. 822 offered by Rep. MCCARTHY of that could inflict harm on our Minnesota law munity through unity. He has planted this seed New York. Had I been present, I would have enforcement officers, families, and friends. in various platforms for the past eleven years. voted ‘‘yea’’ on this amendment. H.R. 822 takes away Minnesota’s right to Mr. Luciano’s strength comes from his spiritual f police its own communities and enforce its grounding and guidance through his relation- A TRIBUTE TO REVEREND own stringent gun laws. As with every state ship with Christ Jesus. and municipality across the country, Min- KIMBERLY HEADLEY nesota has developed its laws to adequately Mr. Speaker, I would like to recognize Carl meet the needs of its residents. This legisla- Luciano for his accomplishments in Brooklyn. HON. EDOLPHUS TOWNS tion unfairly forces states with strict gun laws f OF NEW YORK to recognize conceal-and-carry permits issued IN THE HOUSE OF REPRESENTATIVES by any other state, even if those states’ permit OUR UNCONSCIONABLE NATIONAL Thursday, November 17, 2011 requirements are lax in comparison. This is DEBT unjust and ultimately dangerous, especially for Mr. TOWNS. Mr. Speaker, I rise today to communities faced with high crime rates. honor Reverend Kimberly Headley for her ex- The sobering statistics from the U.S. Cen- HON. MIKE COFFMAN tensive efforts to reform my Brooklyn district sus report speak volumes: of the 129,741 OF COLORADO through public outreach services. murders that were reported between 2000 and Reverend Headley was born and raised in 2008, nearly two-thirds of the victims were IN THE HOUSE OF REPRESENTATIVES East New York, Brooklyn. She started junior killed by a firearm. Equally frightening is the Thursday, November 17, 2011 high school at age 12 and was promoted from deadly role firearms play in domestic violence the 7th to the 9th grade. After high school, incidents. According to the American Journal Mr. COFFMAN of Colorado. Mr. Speaker, Reverend Headley entered Bernard M. Baruch of Public Health, abused women are five times on January 26, 1995, when the last attempt at College at age 16 where she studied Public more likely to be killed by their abuser if the a balanced budget amendment passed the Administration. Upon graduation, she entered abuser owns a firearm. Research also shows House by a bipartisan vote of 300–132, the the workforce as a junior press secretary to that between 1990 and 2005, firearms were national debt was $4.8 trillion. then Comptroller Elizabeth Holtzman. She used to kill more than two-thirds of spouse This week it hit $15 trillion. Today, it is stayed in the administration until Alan G. and ex-spouse homicide victims. These num- $15,026,993,847,879.10. We’ve added 10 tril- Hevesi became Comptroller. bers are tragic. Instead of empowering our lion dollars to our debt in 16 years. This is $10 Reverend Headley has always dem- local law enforcement officers to prevent such trillion in debt our nation, our economy, and onstrated a willingness to go above and be- heinous acts, H.R. 822 ties their hands by our children could have avoided with a bal- yond what is expected of her. In her earlier making it harder to determine whether some- anced budget amendment. years, while her father was district leader and

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.014 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2080 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 first vice chair of Kings County Democratic or- Second Marine Division. On October 13, his bers of the U.S. State Department. His job re- ganization, she spearheaded all of his fund- division was struck by small arms fire while quired him to return to Iraq, where he was raisers at which hundreds of people were in conducting combat operations. A fellow Marine working at the time of his death. attendance. The most successful fundraiser was shot first, and Boots ran into opposing Sean’s family recalls his great love for she hosted had an attendance of up to 900 gunfire to save his friend. Though Boots lost America and freedom. He was fully engaged people. his life, he saved the life of his wounded friend in our mission of bringing freedom and democ- In 1997, Reverend Headley began teaching in the process. Boots was as loyal a friend as racy to the Iraqi people. Sean was proud to be Sunday school, and became the Sunday there is, and there is no more honor than that. in Mosul, Iraq, when the first elections were School Superintendent within a year in Fellow- Boots was devoted to his family and his held after the fall of Saddam Hussein. His fa- ship Missionary Baptist Church. In 2006, Rev- community. Even when he only had a few vorite quote was ‘‘Freedom isn’t free,’’ and he erend Headley became a licensed minister of days off, he would make the most of his time had a deep understanding of the hard and dif- the Gospel. Prior to that, she had been to come home and visit. Though communica- ficult work it takes to be free. preaching in platform services and evangel- tion was difficult, Boots wrote his family sev- Sean is survived by his parents; his sister, izing on the subways and streets of Brooklyn. eral times and called home as much as pos- Aimee Sorensen; and his brother, Matthew Upon the death of pastor Reverend Charles sible. The Saturday before he was killed, Ferguson. He is also survived by seven neph- Dunston, the Lord called Reverend Headley to Boots called his father to say that he had de- ews, one niece, his grandparents, aunts, un- Berean Baptist Church. She was ordained as cided to enroll at the University of Georgia cles, and cousins. He was a member of the a Reverend by Reverend Dr. Arlee Griffin, Jr., when he returned home. Church of Jesus Christ of Latter-day Saints. pastor of Berean Baptist Church. Today she is From Charlie Brown Airfield, crowds lined At this time of great sorrow, I hope that an active member of the Young Adult Ministry; the streets to escort Boots home one last Sean’s family can take comfort in knowing that is a teacher with the New Members and time, as a testament to the community’s sup- we will forever be indebted to his service to Friends Ministry; and is an associate minister port of him and his family. Boots was accom- our country. and member of Berean’s newest drama min- panied by a Marine Corps Honor Guard, the f istry. Patriot Guard, the Douglasville Police Depart- She is presently a Special Assistant to Con- ment, and the Douglas County Sheriff’s De- CHANGES TO THE METROPOLITAN gressman EDOLPHUS ‘‘ED’’ TOWNS in the partment, among others. Norfolk-Southern WASHINGTON AIRPORTS AU- Canarsie district office where she drafts most even stopped its railroad cars in honor of the THORITY BOARD of the proclamations and assists with letters of procession. As they passed, everyone stood commendation; condolence; and support for at salute to honor the fallen Marine. HON. FRANK R. WOLF organizations seeking funding from Congress- Boots embodied the ideals that the Marines OF VIRGINIA man TOWNS’ office. She is his office liaison for strive to achieve. I am both honored and IN THE HOUSE OF REPRESENTATIVES the 40th Assembly District and sits on the Cy- proud that this soldier from the Third District Thursday, November 17, 2011 press Hills Weed & Seed Steering Committee fought so hard for our country and our free- on behalf of Congressman TOWNS. dom. Boots was a model citizen, soldier, and Mr. WOLF. Mr. Speaker, the Fiscal Year Reverend Headley holds a Master of son. He was an extraordinary young man with 2012 Consolidated and Continuing Appropria- Science degree in Publishing. She presently is incredible potential before him, and he will be tions Act contains important changes to the a second year student at Alliance Theological forever missed. I am proud to stand here and Metropolitan Washington Airports Authority, Seminary in New York City, pursuing a Mas- thank him for sacrificing his life for strangers MWAA, board. ter’s in Divinity in Church Development. Mr. like me and my family. I have been concerned with the actions of Speaker, I would like to recognize Reverend Joan and I extend our sympathy to the fam- the board and have proposed several changes Kimberly Headley for her passion for God’s ily and friends of Scott ‘‘Boots’’ Harper, and to the structure and function to increase trans- word and the dedication she has for improving we will never forget the service and sacrifice parency and accountability. Under the new our community. that he made for our great country. law, members of the MWAA board will no longer be able to serve past the end of their f f term and all could be replaced for ‘‘cause.’’ HONORING LANCE CORPORAL HONORING SEAN RAY FERGUSON The changes also increases the size of the SCOTT HARPER board from 13 to 17, with Virginia getting two HON. DEVIN NUNES new appointments and Maryland and the Dis- HON. LYNN A. WESTMORELAND OF CALIFORNIA trict of Columbia each getting one additional OF GEORGIA IN THE HOUSE OF REPRESENTATIVES board member. IN THE HOUSE OF REPRESENTATIVES The changes are fair, providing the gov- Thursday, November 17, 2011 ernors of Virginia and Maryland and the mayor Thursday, November 17, 2011 Mr. NUNES. Mr. Speaker, I take this oppor- of the District of Columbia the same authority Mr. WESTMORELAND. Mr. Speaker, I have tunity to pay tribute to Sean Ray Ferguson, the president already has under existing law to come to the floor this morning with great sad- who at the age of 29 passed away on Novem- replace members of the board. ness to honor the service of one of Georgia’s ber 12, 2011, in Baghdad, Iraq. The changes will improve accountability. own, Lance Corporal Scott Harper. On Octo- Sean was born on July 7, 1982, in San Until now, board members served until their ber 13 in Helmand Province, Afghanistan, he Diego, California to Darryl and Raelynn Fer- replacement takes office. There was an inci- gave the ultimate sacrifice in support of Oper- guson. He was a 2001 graduate of Mt. Whit- dent earlier this year where a board member ation Enduring Freedom, and he will be great- ney High School in Visalia. During Sean’s time whose term expired in January 2009 and had ly missed. at Mt. Whitney High, he was a standout player not been replaced was voting by proxy from Lance Corporal Harper was known by his on the football team. He was playing wide re- Africa. He was finally replaced in April 2011, close friends not as Scott, but by his nick- ceiver his senior year when Mt. Whitney High more than two years after his term expired. A name, ‘‘Boots.’’ While a student at Alexander won the ‘‘Cowhide’’ game against Redwood replacement has yet to be named for a board High School, he once forgot his tennis shoes High for the first time in 10 years. member whose term expired in May 2010. A for gym class and kept his boots on instead. Two months after graduating high school, third board member’s term ends at the end of On that day, he earned a lasting nickname Sean enlisted in the United States Army, hon- November and it is unclear if the replacement and showed how he was prepared to adapt to orably serving our country for eight years, and process has begun. all scenarios. When a Marine recruiter showed retiring at the rank of Staff Sergeant due to Board members need to be replaced when up at his school senior year, Boots answered combat wounds. In addition to two Purple their terms end. It’s not their fault that they the call and chose a life of service in the Hearts, one of which was presented to Sean aren’t being replaced but if the officials making United States Marine Corps with a courage directly by former Secretary of Defense Don- the appointments know that the seat is going and motivation that most young men his age ald Rumsfeld, he also received many awards to be vacant, this reform will provide more of have not yet found. and commendations for his service in Iraq with an incentive to make appointments in a more After graduating, Boots served one tour in unit ‘‘Deuce Four.’’ timely fashion. Afghanistan before returning home. He left on After retirement, Sean began working for These airports are the economic engine for July 13 to begin his second tour of duty with Triple Canopy, a private contracting company, the region. With MWAA responsible for the the First Battalion, Sixth Marine Regiment, working as a personal security agent for mem- Dulles rail project, ensuring that Virginia has

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.015 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2081 more say and that board members are more portation network. All funding for the air- Under the auspices of his Pastor, Rev. Alvin accountable is more important than ever. Ev- ports, and the current metrorail to Dulles Barnett of West Baptist Church, Reverend erything possible must be done to keep the project, is provided by the Commonwealth or Hamatheite learned the ways of the ministry its subdivisions, and the federal government. rail project on budget to keep the tolls as low Despite this fact, as chief executive I have no until he turned 25. The Lord led him to accept as possible. effective mechanism for effectuating a the challenge as the Pastor of the Geth- Virginia Governor Robert McDonnell wrote change or providing oversight when the semane Baptist Church in December 1995 as Representative TOM LATHAM and Representa- MWAA Board takes action which may be ad- a result of his training. tive JOHN MICA in strong support of these verse to the interests of the Commonwealth After working in the Department of Edu- changes. I submit Governor McDonnell’s letter and its citizens. Neither do the other stake- cation for several years and seeing the des- for the RECORD as well. holders in the District of Colombia, Mary- perate need of the young people in this com- Some interested parties have stated that the land or the federal government. Each ap- munity, Reverend Hamatheite sought to rival original 1986 law that established MWAA is a pointee to the MWAA Board serves for a pe- against strongholds on the young people. He compact between Virginia, Maryland, and the riod of six years and remains on the Board until a successor is chosen. Neither the fed- joined forces with the 73rd Precinct where he District of Columbia and that any changes to eral statutes, nor the respective jurisdic- serves as Clergy Liaison, Police Chaplin, and the structure of the board must be approved tional statutes enabling the interstate com- Administrator for the Police Explorers Pro- by all three localities. I want to state clearly pact provide a mechanism for removing a gram. He and several members of the church that this is not true. Board member, since they do not currently also mentor youth for the Kings County District The independent and well-respected Con- serve at the pleasure of the Governor. This Attorney’s Office in their Youth and Congrega- gressional Research Service has told my of- lack of oversight essentially allows members tion in Partnership Program. Reverend fice that the MWAA statute has been amend- of the Board to potentially act in accordance Hamatheite saw the need to teach young men ed twice in 1991 and in 1996, specifically in with their own goals and directives for MWAA without consultation with or alle- how to be real men so he developed a pro- response to court decisions involving the giance to the leaders and taxpayers in the gram that the Lord gave him, entitled, Board of Review. It is my understanding that Commonwealth and the other member juris- M.O.V.E. (Men of Valor Empowered), working neither change required the consent of MD or dictions. with 12- to 17-year-old young men. DC. Congressman Wolf is seeking changes to Reverend Hamatheite serves on several The Practitioner’s Guide to The Evolving rectify this lack of oversight by providing boards in my district: he is the Vice President Use and the Changing Role of Interstate Com- the Chief Executives of each of the member of Bridging the Gap Ministries; first and former pacts provides everything else necessary re- jurisdictions and the President with greater President of the Young Pastors, Ministers, and authority in appointing and removing mem- garding the authority of Congress to enact Evangelists Department of the Eastern Baptist subsequent legislation that has an effect on bers to the Board. Specifically, members would serve at the pleasure of the appointing Association; and the former Recording Sec- approved interstate compacts. Sections of this executive, and the appointing executive retary for the Moderator’s Department of the publication support the claim that Congress re- would be provided the authority to remove a Progressive National Baptist Convention. mains free to change federal laws, even if board member at any time with or without Reverend Hamatheite now serves as the those laws have adverse effects on compacts cause. Furthermore, as referenced above, all Pastor of the Wayside Baptist Church, where that Congress has specifically consented to. of the facilities under MWAA’s control are he was installed on July 18, 2011. Since arriv- The relevant sections of the Practitioner’s located within the Commonwealth of Vir- ing at Wayside Baptist Church, Reverend ginia. Currently, however, Virginia only has Guide to The Evolving Use and the Changing Hamatheite has implemented a new Visionary Role of Interstate Compacts are too long to in- five of the thirteen seats on the board. As such, the Commonwealth should be granted Theme, ‘‘Moving from Conformity to Trans- clude here today, but can be found on pages three additional seats on the MWAA Board, formation.’’ During his first year as Pastor he 43–47. increasing the number of Board members established leadership classes for all leaders, These changes to the MWAA board will im- representing Virginia and its interests from reorganized the Youth and Young Adult Min- prove its function, governance, accountability five to eight. These changes would provide istry, and under his pastorate many have and transparency and provide greater input for me and future governors the ability to en- come to give their lives to Christ. those with a large stake in the successful sure that MWAA’s policies and directives are Mr. Speaker, I would like to recognize Rev- in accordance with the best interests of Vir- completion of the Dulles Rail project. Wash- erend Hamatheite for his passion for God’s ington Dulles International Airport and Ronald ginia’s citizens. I wholeheartedly support the changes pro- word and the diverse initiatives he has em- Reagan Washington National Airport drive posed by Congressman Wolf, and, again, I re- ployed as Pastor of Wayside Baptist Church. economic growth in northern Virginia and the spectfully urge you to do so as well. Should f entire Capital region. The MWAA board must you have any questions or wish to further operate successfully to ensure the success of discuss this matter, please do not hesitate to RECOGNIZING ROBERT BRUCE both Dulles International and Reagan National contact either myself or Virginia Secretary CHRISTMAS UPON RECEIVING Airports and the Dulles Rail, ensuring tolls on of Transportation Sean T. Connaughton at THE 2011 WASHINGTON COUNTY local drivers are kept to a minimum. your convenience. EXTENSION SERVICE DISTIN- Sincerely, COMMONWEALTH OF VIRGINIA, GUISHED SERVICE TO AGRI- ROBERT F. MCDONNELL, OFFICE OF THE GOVERNOR, CULTURE AWARD Governor. Richmond, VA, August 8, 2011. Hon. TOM LATHAM, f HON. JEFF MILLER House of Representatives, Rayburn Building, A TRIBUTE TO REVEREND ZIDDE Washington, DC. OF FLORIDA Hon. JOHN MICA, HAMATHEITE IN THE HOUSE OF REPRESENTATIVES House of Representatives, Rayburn Building, Thursday, November 17, 2011 Washington, DC. HON. EDOLPHUS TOWNS DEAR CHAIRMEN LATHAM AND MICA: I write OF NEW YORK Mr. MILLER of Florida. Mr. Speaker, I rise you today to respectfully ask for your en- IN THE HOUSE OF REPRESENTATIVES today to honor Mr. Robert Bruce Christmas for dorsement and support for changes to the receiving the 2011 Washington County Exten- Washington Metropolitan Airports Author- Thursday, November 17, 2011 sion Service Distinguished Service to Agri- ity Board of Directors being proposed by Mr. TOWNS. Mr. Speaker, I rise today to culture Award. Bruce and his family have dedi- Congressman Frank Wolf. As you are aware, MWAA, which was created through an inter- honor Reverend M. Zidde Hamatheite for his cated their lives to the field of agriculture, and state compact between Virginia and D.C., as profound dedication to his religion and for I am proud to recognize their achievements authorized by Congress, maintains and oper- sharing his convictions with my community before the United States Congress. ates Reagan National Airport and Dulles through prayer. Bruce was born to a farm family in 1933, International Airport pursuant to a lease Reverend M. Zidde Hamatheite was born on becoming the fifth generation of Christmas agreement with the federal government. January 11, 1971 to the late Archbishop M. farmers in the Florida Panhandle that MWAA is also responsible for maintaining Zidoneo and Rakal Hamatheite in Brooklyn, stretches back to 1848. He graduated from and operating the Dulles Toll Road and the New York. He was taught at an early age to Cottondale in 1951, received his associate’s Dulles Greenway and construction of the Dulles Corridor Metrorail Extension Project. respect God and the people of God. It was be- degree from Chipola College in 1953, and his These facilities are all located within the cause of his upbringing that he understood bachelor’s degree from the University of Flor- Commonwealth of Virginia and have a tre- that he would pursue a career in prayer serv- ida in 1955. He maintained a thirst for learning mendous impact on our economy and trans- ice. by earning a Masters of Animal Nutrition in

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.021 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2082 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 1959 and a PhD in Poultry Nutrition and Man- California has one of the most stringent gun Act would gut these standards and empower agement in 1972, both as a Florida Gator. laws in the Nation, and there is a reason for dangerous individuals to carry concealed, Bruce also served his country as a member of that. California had the highest number of gun loaded guns in states where they would not the United States Army, both active duty and murders in the Nation last year, 1,257, which qualify for a local permit. reserve, where he achieved the rank of Ser- is 69 percent of all murders that year and We see firsthand the tragedies that can un- geant. equivalent to 3.37 per 100,000 people in the fold when guns end up in the hands of crimi- Of the 32 years of Bruce’s professional state. nals, the seriously mentally ill, domestic vio- service, 21 were spent conducting Research A very real example of what this legislation lence offenders and other dangerous people. and Field Demonstration Trials. He began as will do is a person convicted of domestic vio- Let us not forget the tragedy earlier this year the Assistant and Associate Extension Agent lence and not allowed to possess, let alone in Tucson, Arizona. Statistics show that every in Orange County, Florida and became one of carry a concealed weapon in California, can year, more than 12,000 gun murders are com- the first assistants in Florida to be promoted to cross state lines into a state that does not mitted in big cities and small towns throughout associate. Bruce then served as the Super- have the same restrictions, receive a permit the United States. visor of the Florida Poultry Evaluation, con- for a gun, then cross states lines back into States and localities should have the right to tinuing to work part-time even after his retire- California and exact revenge against his vic- determine who is eligible to carry firearms in ment. tim. their communities. It is essential that state, Over the course of his career, Bruce au- Proponents against gun laws and restric- local and tribal governments maintain the abil- thored roughly 150 scientific and informational tions constantly chime, ‘‘Guns don’t kill people. ity to legislate concealed carry laws that best publications on poultry, swine, and beef re- People kill people.’’ That may be the case, but fit the needs of their communities. search studies. He has been a member of the a person with a gun can kill another much H.R. 822 is a dangerous piece of legislation Farm Bureau since 1960 and served on the more easily than a person without one. FBI that will create a very real threat to public Washington County Farm Bureau Board for crime statistics based on reports to FBI bu- safety. In opposing this reckless piece of legis- nearly 20 years, 16 of which he served as reau and local law enforcement show that in lation, I stand with the people of my home president. Bruce has also served on the Flor- 2010, the latest year for which detailed statis- state of California. I stand with domestic vio- ida Agriculture and Regional Agriculture Coun- tics are available, there were 12,996 murders lence prevention advocates. I stand with law cils, as well as the Florida College of Agricul- in the U.S.; of those, 8,775 were caused by enforcement across the Nation and our local tural and Life Sciences Alumni Board since its firearms. police who risk their lives every day to protect initiation. Bruce received the National Volun- This dangerous bill will allow a resident of a the public. I will vote against H.R. 822 and I teer Service Award from the National Agri- state with strict concealed weapon permitting urge all members of the House to do likewise. culture Alumni Association and has been in- standards to simply go to and obtain a permit For the foregoing reasons I urge my col- ducted into the 4-H Hall of Fame. in a state with minimal standards, then head leagues to reject H.R. 822 and allow states to Mr. Speaker, on behalf of the United States back home and carry a concealed weapon in continue to decide for themselves and set Congress, I am privileged to honor Bruce a state that would have never allowed him to their own standards regarding who can carry Christmas on his success. My wife Vicki and do so in the first place. hidden, loaded guns in their communities. I are proud to congratulate Bruce, his wife of If ever you needed a concrete example of 53 years, Addie Ann; his children, Stuart, Rob- why this is such an ill-conceived and dan- f ert, Jonathan, and Scott; and his entire ex- gerous piece of legislation for both the public tended family on this truly special occasion. and law enforcement, consider the recent tes- INTRODUCTION OF H.R. 3451 f timony of Philadelphia Police Commissioner Charles Ramsey before the House Judiciary HON. DAVID B. McKINLEY NATIONAL RIGHT-TO-CARRY Subcommittee on Crime, Terrorism, and OF WEST VIRGINIA RECIPROCITY ACT OF 2011 Homeland Security. The Police Commissioner IN THE HOUSE OF REPRESENTATIVES testified that in 2005, a man named Marqus SPEECH OF Thursday, November 17, 2011 Hill had his concealed carry permit revoked by HON. LAURA RICHARDSON Philadelphia Police after he had been charged Mr. MCKINLEY. Mr. Speaker, today I was OF CALIFORNIA with attempted murder. Mr. Hill later traveled proud to introduce H.R. 3451, a bill that would IN THE HOUSE OF REPRESENTATIVES to Florida, got a new permit despite his record, name the Federal Courthouse in Wheeling, Wednesday, November 16, 2011 used his Florida permit to carry a loaded gun WV after one of our country’s leading and into Philadelphia, and later shot a teenager most respected jurists, Honorable Frederick P. The House in Committee of the Whole Stamp, Jr., Federal Judge for the United House on the state of the Union had under thirteen times in the chest, killing him in the consideration the bill (H.R. 822) to amend street. States District Court for the Northern District of title 18, United States Code, to provide a na- Mr. Chair, the ramifications of such legisla- West Virginia. tional standard in accordance with which tion do not stop there. It would also make it Judge Stamp has served with distinction nonresidents of a State may carry concealed easier for gun traffickers to move loaded guns and honor since he was nominated by Presi- firearms in the State. through urban city streets where police officers dent George H.W. Bush and then confirmed Ms. RICHARDSON. Mr. Chair, I rise today are already having a difficult time combating by the U.S. Senate in 1990 and served as the in strong opposition to H.R. 822, the proposed crime and violence. It will be nearly impossible Chief Judge of the Court from 1994 to 2001 National Right-to-Carry Reciprocity Act of for police to verify the validity of 49 different before assuming senior status in 2006. 2011. I call on my colleagues to join me in re- carry permits. Born in Wheeling, WV, Judge Stamp re- jecting this ill-considered and unwise legisla- Policing our streets and confronting the risks ceived a B.A. from Washington and Lee Uni- tion which will effectively force all states to ac- inherent in even routine traffic stops is already versity in 1956, and attended the University of cept the lowest-common-standard in con- perilous enough. Ambiguity as to the legality Virginia School of Law before receiving an cealed carry laws. Passage of this bill is reck- of firearm possession could lead to confusion LL.B. from the University of Richmond, T.C. less and undeniably a threat to public safety. among police officers that could result in cata- Williams School of Law in 1959. Upon gradua- This law would add an unnecessary burden strophic incidents. Congress should be work- tion, Judge Stamp was a private in the United on police officers who risk their lives every day ing to make the job of law enforcement offi- States Army from 1959 to 1960, and a First in traffic stops and other risky situations. It cers more, not less, safe. Lieutenant in the United States Army Re- would make it nearly impossible for them to be Today, states establish standards for car- serves from 1960 to 1967. Prior to his nomina- able to determine whether the guns they en- rying concealed, loaded handguns in public tion to the Federal Court, he was in private counter are legal or not. places that include criteria beyond an appli- practice in Wheeling, West Virginia from 1960 The very likely and viable threats posed to cant’s ability to pass a federal background to 1990. public safety if this legislation passes are check. For example, at least 38 states prevent Judge Stamp and his wife Joan are the egregious. This legislation will do away with people convicted of certain violent crimes from proud parents of two children, Andy and Eliza- the strict gun laws each state has established obtaining carry permits, 14 states require ap- beth. according to its constituent composition and plicants to demonstrate good character to ob- Mr. Speaker, it is truly a privilege for me to needs and empower dangerous individuals to tain a carry permit, and about half of states introduce this legislation to honor my friend carry concealed, loaded guns in states where grant law enforcement discretion to deny a Judge Frederick P. Stamp, Jr., and I urge my they would not qualify for a local permit. permit. The National Right-to-Carry Reciprocity colleagues to support this legislation.

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A17NO8.023 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2083 A TRIBUTE TO THERESA GRAHAM HONORING CHIEF RONALD Iraq & Afghanistan began, but she will be re- DEVORE HADDAD membered for much more than that. She will be remembered as an outstanding soldier. In HON. JOHN D. DINGELL fact, soon after her death, Private First Class HON. EDOLPHUS TOWNS OF MICHIGAN Butcher was posthumously promoted to Spe- cialist Butcher. She also earned a National OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Defense Service Medal, Army Service Ribbon, IN THE HOUSE OF REPRESENTATIVES Thursday, November 17, 2011 Oklahoma Good Conduct Medal, Bronze Star Mr. DINGELL. Mr. Speaker, I rise today to and Purple Heart all at the age of 19. Thursday, November 17, 2011 congratulate Mr. Ronald Haddad, Chief of Po- Specialist Butcher will also be remembered Mr. TOWNS. Mr. Speaker, I rise today to lice in Dearborn, Michigan, for being named a as a loving daughter, a loving mother to her honor Ms. Theresa Graham DeVore for her Public Official of the Year by Governing Maga- beautiful 2-year-old daughter, Zoey, and a zine. As a resident of Dearborn, I can say that good friend to all who knew her. She leaves many accomplishments as a constituent in the Chief Haddad is very deserving of this honor. behind an incredible void that will be impos- 10th congressional district of New York. His commitment to the safety of the residents sible to fill. My thoughts and prayers are with Ms. DeVore was born on June 7, 1945. of Dearborn and his emphasis on community her daughter; her mother, Dana; her father, From an early age growing up in the Bedford policing is admirable and worthy of all of our James; and, with all of her friends and family Stuyvesant section of Brooklyn, NY, she de- praise. during this very difficult time. veloped a strong concern for her community. Chief Haddad is the first Arab-American po- Last Sunday would have been Specialist As a teenager she witnessed children, adults, lice chief in the State of Michigan, and he is Butcher’s 20th birthday. It’s hard when we and seniors who lost many opportunities for an excellent liaison with Dearborn’s large lose any soldier in war, but it’s especially hard advancement because of a lack of information. Arab-American community. The reforms he re- when we lose such a young soldier. However, cently spearheaded have turned the Dearborn Specialist Butcher’s too short of a life leaves Ms. DeVore began her career as a nursing Police Department into a model law enforce- behind a legacy longer than she could have assistant in the Brooklyn Veteran’s Administra- ment agency which other cities have sought to ever lived. Her legacy of valor, distinction, pa- tion Hospital, and was later promoted to clerk. replicate. Specifically, the BRIDGES program, triotism and bravery will be remembered for It was during this work experience that she which entails regular meetings between lead- years to come and will be told to her daughter developed administrative skills. She was later ers of the Arab-American community and gov- as she grows up. reassigned and promoted to Supervisor of ernment officials, has done much to promote Specialist Butcher was honored and laid to Medical Records in the Bronx Veteran’s Med- trust and understanding in Dearborn, as well rest on Veterans Day and I had the privilege ical Center. She received special recognition as Southeastern Michigan as a whole. Due to to speak at her funeral service. Her story and and monetary awards for implementing the the good efforts and hard work of Chief her sacrifice are startling reminders of what Haddad and the entire Dearborn Police De- our men and women in uniform risk when they first rotating file unit in the Bronx. partment, Michigan’s 15th Congressional Dis- serve this country. Ms. DeVore is committed to doing all that trict is a better place to live and work. Today, I ask all Members of Congress to she can through mentoring, support, and shar- We all owe Chief Haddad an enormous debt join me as we honor the life and legacy of ing with children, adults, and especially sen- of gratitude for his leadership and contribu- Army Specialist Sarina Butcher, as well as iors the importance of education, and how to tions to our society. Governing Magazine was each man and woman in our Armed Forces, fulfill their purpose. She provides them with very wise in choosing Chief Haddad as one of and all of those in harm’s way supporting their the skills, knowledge, and direction that con- their honorees. I wish him all the best of luck efforts, who give the ultimate sacrifice in serv- tribute to their growth and development. In ad- in the future, and I am proud to represent ice to this great country. We owe them our dition to giving support, she respectfully chal- Chief Ronald Haddad in the House of Rep- eternal gratitude. resentatives. lenges them to be accountable for choices f f and decisions that affect their lives. She is lov- A TRIBUTE TO BERNICE BROWN ingly known in the community as ‘‘Momma IN HONOR OF ARMY SPECIALIST Tee.’’ SARINA BUTCHER HON. EDOLPHUS TOWNS Ms. DeVore’s professional experience in- OF NEW YORK cludes: CEO and founder of Covenant of Faith HON. MIKE ROSS IN THE HOUSE OF REPRESENTATIVES Outreach, Inc (faith-based community initia- OF ARKANSAS Thursday, November 17, 2011 IN THE HOUSE OF REPRESENTATIVES tive) which has been in operation for 10 years, Mr. TOWNS. Mr. Speaker, I rise today to issuing referrals and resources to those in Thursday, November 17, 2011 honor Ms. Bernice A. Brown, a native New need of housing, and information on health Mr. ROSS of Arkansas. Mr. Speaker, I rise Yorker with a passion for helping others issues that affect our community. Covenant of today to honor an exceptional soldier and a through community building. Faith Outreach continues to award scholar- true American hero who died in service to this Ms. Brown was born on October 22, 1921 in ships to students who are entering college for great country. On November 1, 2011, U.S. Brooklyn, NY to Alice and George Wyche, and the first time and she conducts workshops on Army Specialist Sarina N. Butcher was killed was the second to eleven other siblings. She topics such as: ‘‘The Awareness of Single, at the age of 19 years old in Paktia Province, was a 1940 graduate of Girls High School and Dating, & Marriage’’, ‘‘Mastering the Mysteries Afghanistan, in support of Operation Enduring soon went on to marry her husband of 49 of Love’’, Grieving, Self-Esteem, tutoring and Freedom. According to initial reports, Spe- years Charles Brown. much more. cialist Butcher died of injuries sustained when For 20 years Ms. Brown served as an ac- an improvised explosive device detonated countant in payroll and retired in 1984. Her Ms. DeVore volunteers as a Chaplain with near her military vehicle. true passion and efforts were geared towards the United Chaplain International Worldwide Specialist Butcher was born in Crossett, Ar- the community and her church, joining many Outreach, Inc. She is a member of The Na- kansas, and spent many of her childhood organizations and church affiliated clubs. Ms. tional Council of Negro Women; The Unity years in southern Arkansas, where much of Brown was a member of Berean Church for Democratic Club; The Women’s Federation for her family still lives today. Specialist Butcher 30 years, serving as Treasurer of Berean Fed- World Peace; American Clergy Leadership eventually moved to Oklahoma, where she eral Union for 18 years, Trustee for 15 years, Conference; and the Global Peace Founda- graduated high school and eventually joined and being part of Usher Boards. tion. Presently, she is completing her studies, the Oklahoma National Guard. At the time of Ms. Brown’s community involvement has and will graduate with a Master’s of Divinity her death, she was assigned to F Company, been the focus of her career, being affiliated with the Decatur Street Block Association and degree in 2012. 700th Brigade Support Battalion, 45th Infantry Brigade Combat Team, Army National Guard, the Unity Democratic Club. At the Decatur Mr. Speaker, I would like to recognize Ms. based in Tulsa, Okla. Street Block Association Ms. Brown served as Theresa DeVore for her resounding dedication We now know that Specialist Butcher was the President for four years, Financial Sec- to faith-based initiatives in the 10th congres- the first female and youngest Oklahoma Na- retary for eight years, and Treasurer for 10 sional district of New York. tional Guard soldier killed since the wars in years. Ms. Brown has also been a member of

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.017 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2084 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 the Unity Democratic Club for over 40 years, IN HONOR OF THE TEXAS RANG- RECOGNIZING WILLY BEARDEN and served as the first female President of the ERS FACES OF FREEDOM VET- FOR 33RD ANNUAL DISTIN- organization during her tenure, as well as ERAN HONOREES GUISHED ACHIEVEMENT AWARD being the Financial Secretary and Treasurer. IN THE CREATIVE AND PER- Ms. Brown’s efforts have extended well be- FORMING ARTS yond what has ever been asked of her and HON. PETE SESSIONS she continues to this day to exemplify her pas- OF TEXAS HON. STEVE COHEN sion for the community. In her spare time Ms. OF TENNESSEE Brown is a member of Area Policy Board and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES has been a member of Planning Board No. 3 Thursday, November 17, 2011 Thursday, November 17, 2011 for 30 years. She has also taken an active Mr. COHEN. Mr. Speaker, I rise today to role at the Key Women Brooklyn Branch Mr. SESSIONS. Mr. Speaker, I rise today to recognize and celebrate Mr. Willy Bearden for where she has served as President, Vice recognize the Texas Rangers Faces of Free- receiving the 33rd annual Distinguished President, Financial Secretary, and Treasurer. dom Veteran Honorees for their dedicated Achievement Award in the Creative and Per- Ms. Brown has been a resident in Brooklyn service to this great Nation. forming Arts from the College of Communica- for over 90 years and has been a major influ- The Texas Rangers Faces of Freedom pro- tion and Fine Arts at the University of Mem- ence in the lives of her fellow constituents. Mr. gram is an initiative sponsored by the Texas phis. Mr. Bearden is a unique filmmaker, musi- Speaker, I would like to recognize Ms. Bernice Rangers baseball club and Southwest Airlines cian and storyteller, and he has used his tal- Brown for her extraordinary ability to build ents to tell the distinct tales about the great partnerships between the church and the com- to honor the extraordinary service of current and former members of our Nation’s Armed city of Memphis, Tennessee. munity while furthering the political process in Willy Bearden is perhaps best known for his Forces. Throughout the baseball season, fam- Brooklyn. Memphis Memoirs, a series of documentary ily, friends and members of the military nomi- films detailing the rich local history. The series nated individuals who have shown tremendous f includes Overton Park: A Century of Change, strength, courage, and patriotism in the line of Playing for a Piece of the Door: A History of HONORING THE LIFE AND duty. Garage Bands in Memphis and Elmwood: Re- ACHIEVEMENTS OF DR. TRUMAN These honorees have served in wars rang- flections of Memphis. Mr. Bearden also has a KAHN ing from World War II to the present day con- feature film to his credit, One Came Home, flicts in Iraq and Afghanistan. Many of these which was inspired by his Mississippi Delta HON. STEVE COHEN men and women braved horrible situations roots. His recent Memphis Legacy Project, a col- OF TENNESSEE and suffered severe injuries to save their fel- low soldiers. Among the group are several lection of thousands of photographs of various IN THE HOUSE OF REPRESENTATIVES Bronze Star recipients, Purple Heart recipi- neighborhoods around Memphis, will be a re- Thursday, November 17, 2011 ents, Commendation Medal recipients, a mar- source for local researchers and artists for years to come. Mr. Bearden has also gener- Mr. COHEN. Mr. Speaker, I rise today to ried couple who served significant tours in Iraq and Afghanistan, and many more extraor- ously given back to his community by lending honor the life of optometrist and World War II his talents to the Blues Foundation, the Cotton Navy veteran, Dr. Truman Kahn. He was a dinary individuals who have selflessly served our Nation with distinct pride and courage. Museum and the Memphis Wonders Series for longtime Memphian whose courage and com- corporate and educational films, commercials passion were felt by those who knew him. On November 10, 2011, my office had the and award show productions. Throughout his life, he donated his time to the distinct pleasure of welcoming these brave The Distinguished Achievement Award was Sam Schloss Lodge of B’nai B’rith, Beth Sho- men and women to our Nation’s Capitol. Their established in 1977 after the death of Elvis lom Congregation, the Memphis Jewish Fed- sense of patriotism and good humor are a tes- Presley when Dr. John Bakke, a communica- eration, and the Democratic Party, as well as tament to the greatest our country has to offer. tions professor at the University of Memphis, being a Hadassah Associate. Mr. Speaker, I ask my esteemed colleagues suggested that local talent should be honored Dr. Truman Kahn attended Emory University to join me in expressing our heartfelt gratitude while they are still alive. Willy Bearden joins where he was a member of the Alpha Epsilon and praise for the Faces of Freedom Vet- Sam Phillips, founder of Sun Records, B.B. Pi Fraternity. After leaving Emory University, erans, and thank them for their extraordinary King, Al Green, Rufus Thomas and a host of Dr. Kahn came to Memphis to attend the other talented Memphis recipients. service to our Nation. Southern College of Optometry, where he I ask all of my colleagues to join me in con- graduated with honors. During World War II, gratulating Willy Bearden. It is important to Dr. Kahn enlisted in the U.S. Navy to serve f recognize and appreciate talent while we are his country in its time of need. After training at PERSONAL EXPLANATION fortunate enough to enjoy their continued out- Notre Dame, he served as an officer aboard put. My hope is that Mr. Bearden continues the USS Ticonderoga aircraft carrier. Dr. sharing his gifts and unique perspective with Kahn’s name can be found on both the WWII HON. BILL POSEY us for years to come. Memorial in Washington, D.C. as well as at f the WWII Museum in New Orleans. OF FLORIDA HONORING NEW HOPE BAPTIST When World War II ended, Dr. Kahn re- IN THE HOUSE OF REPRESENTATIVES MISSIONARY CHURCH ON THEIR turned to Memphis after being honorably dis- 50TH ANNIVERSARY charged from the Navy. He married his wife, Thursday, November 17, 2011 Gloria Kahn, and opened his first optometry clinic in 1947. Like most other buildings in the Mr. BILL POSEY. Mr. Speaker, I am a co- HON. LOIS CAPPS southern states during this time period, med- sponsor of H.R. 674, to amend the Internal OF CALIFORNIA ical offices were segregated based upon racial Revenue Code of 1986 to repeal the imposi- IN THE HOUSE OF REPRESENTATIVES identity. Dr. Kahn chose to defy this practice, tion of 3 percent withholding on certain pay- Thursday, November 17, 2011 becoming the first medical professional in ments made to vendors by government enti- Mrs. CAPPS. Mr. Speaker, I rise today on Memphis to have an integrated waiting room. ties. I supported passage of the bill in the behalf of the New Hope Missionary Baptist Dr. Kahn continued to practice optometry for House of Representatives on October 27 and Church of Santa Maria, California, and in cele- over 50 years. again, with Senate amendments, on Novem- bration of its 50th Anniversary. This is a mo- Dr. Kahn passed away at 89 years of age. ber 16. I was also a cosponsor of similar legis- mentous occasion. For the last 50 years New He is survived by his wife, his daughter Susan lation (H.R. 275) in the 111th Congress. Al- Hope Missionary Baptist Church has been a Dreyfus, his son Stanley Kahn, five grand- though I was on the House floor and voting on beacon of light, providing support for our com- children and two great grandchildren. His serv- November 16, my vote was not recorded for munity and empowering families on the Cen- ice to country and community will be remem- H.R. 674. I would like for the record to read tral Coast. bered by all whose lives he touched. His was that I should have been recorded as a ‘‘yes’’ Founded in November 1961 in the home of a life well lived. vote. Brother Lwellyn and Sister Setha Crow, with

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.018 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2085 the help of Brother Carter, Deacons Steve and Program, Expedited Civil Cases Procedure, The bill encourages school districts across Sally Wilson, Francis Green, Sister Bertie Mae Housing Court Task Force, nigh Court Ses- the country to apply to the U.S. Department of Hamilton, Meryl Berry, Melvin Robinson, Phyl- sions and Mediation Task Force. He also sup- Education for grants to establish prekinder- lis Lovaretta, New Hope Missionary Baptist ports Recovery Recourses, a nonprofit organi- garten. Grants under Title IV of the Elemen- Church was first led by the inspiring Pastor Dr. zation that helps people with mental illness, tary and Secondary Education Act would be P.B. Mdodona and his wife First Lady Willie substance abuse, and other addictions, and available for educational activities for children Pearl Mdodona. A few years later, under the for which he is being recognized for his sup- four years of age or younger to public school leadership of Pastor W.R. Erwin and his wife port and work at their Bronze Gala. systems that agree to phase in, where pos- First Lady Winifred Erwin, property was pur- Mr. Speaker and colleagues, please join me sible, a prekindergarten program that is taught chased on West Mill Street to build a new per- in honoring the Honorable Judge Patrick Car- by teachers who possess equivalent or similar manent home. In 1989, Dr. Earl James be- roll of the Lakewood Municipal Court as he is guidelines to those in other grades in the came Pastor, and along with his wife First recognized at the Bronze Key Gala for his school system. Lady Sydney James, worked hard to expand support of Recovery Resources. The success of Head Start and other pre- the church and its ministries by adding an ad- f kindergarten programs, combined with new ditional forty-five hundred square feet to the scientific evidence concerning the importance church. In 2007 Pastor James retired and INTRODUCTION OF THE UNI- of brain development in early childhood, vir- placed the church’s reins in the capable hands VERSAL PREKINDERGARTEN tually mandates the expansion of early child- of Pastor Henry L. Lewis, Jr. and his wife Sis- AND EARLY CHILDHOOD EDU- hood education to all children. Traditionally, ter Agatha Shorter-Lewis. Since then, they CATION ACT OF 2011 early learning programs have been available have centered their work on empowering the only to the affluent, who can afford them, and community by empowering the family. HON. ELEANOR HOLMES NORTON to low-income families in programs such as For half a century, the ministries at New OF THE DISTRICT OF COLUMBIA Head Start. My bill provides a practical way to Hope Missionary Baptist Church have sup- IN THE HOUSE OF REPRESENTATIVES gradually move to universal public preschool ported Central Coast families, neighbors, and Thursday, November 17, 2011 education. The goal of the bill is to afford the even strangers. It has been a steady source of great majority of the American working poor, solace and provided selfless service to the el- Ms. NORTON. Mr. Speaker, today, I am in- lower-middle-class, and middle-class families, derly, homeless, and our youth. In fact, many troducing the Universal Prekindergarten and most of whom have been left out, with the of the church’s congregants can be found vol- Early Childhood Education Act of 2011, Uni- benefits of early childhood education. unteering at a homeless shelter, singing to the versal Pre-K, to begin the process of providing Considering the staggering cost of daycare, sick, or bringing young adults in the commu- universal public prekindergarten. The bill is the inaccessibility of early childhood edu- nity together in a safe environment. meant to fill a gaping hole in the ‘‘No Child cation, and the opportunity that early edu- Mr. Speaker, each day New Hope Mis- Left Behind Act’’ which requires elementary cation offers to improve a child’s chances in sionary Baptist Church lives up to its name, and secondary schools to meet more rigorous life, schooling for three- and four-year-olds is bringing hope to all it touches. With the burn- standards yet ignores the prekindergarten overdue. The absence of viable options for ing of its mortgage in 2001, we all are very years, among the most critical years for chil- working families demands our immediate at- pleased to have the certainty this carries to dren’s brain development. My bill is particu- tention. the congregation and to the Central Coast. larly necessary today because legislation I strongly urge my colleagues to support this I urge my colleagues to join me in thanking pending to reauthorize the No Child Left Be- legislation. hind Act solely targets K–12. My bill makes a and celebrating New Hope Missionary Baptist f Church for its leadership and service to our breakthrough in elementary school education community. I am confident the church’s fine by providing the initial funding for states to en- IN RECOGNITION OF ST. ANGELA work will continue to provide comfort and in- courage local school districts to add prekinder- MERICI SCHOOL spiration to all of us on the Central Coast. garten for children four years of age and younger, so that every child can excel. We f HON. DENNIS J. KUCINICH cannot afford to continue to allow the most fer- OF OHIO IN HONOR OF THE HONORABLE tile years for childhood development to pass, IN THE HOUSE OF REPRESENTATIVES JUDGE PATRICK CARROLL only to later wonder why we cannot teach Johnny to read. Thursday, November 17, 2011 HON. DENNIS J. KUCINICH The bill responds both to the great needs, Mr. KUCINICH. Mr. Speaker, I rise today in OF OHIO which are still growing, of parents who seek recognition of the Saint Angela Merici School, IN THE HOUSE OF REPRESENTATIVES early childhood education, as well as new a recipient of a Federal Blue Ribbon Award. science, which shows that a child’s brain de- The Blue Ribbon Schools Program is a pro- Thursday, November 17, 2011 velopment begins much earlier than previously gram designed to highlight schools which have Mr. KUCINICH. Mr. Speaker, I rise today in believed. However, many parents are unable proven records of academic excellence. These honor of the Honorable Judge Patrick Carroll to afford the stimulating educational environ- schools have demonstrated a dedication to of the Lakewood Municipal Court, who is ment necessary to ensure optimal brain devel- their student bodies which prepare their stu- being recognized at Recovery Resources’ opment. The bill would add prekindergarten for dents for higher education and life beyond the Bronze Key Gala on November 17, 2011. children four years of age or younger, similar classroom. Such institutions serve as exam- Judge Carroll attended Cleveland State Uni- to kindergarten programs for five-year-olds, ples to be emulated in schools across the na- versity, and graduated in 1974 with a bach- that are now routinely available in public tion. elor’s of arts degree, majoring in economics. schools. The bill would eliminate some of the The Saint Angela Merici School is one of In 1977, he earned his Juris Doctor degree major shortcomings of unevenly available 305 schools in the nation to be awarded the from CSU’s Cleveland-Marshall College of commercial day care and, importantly, would title of a Blue Ribbon school. The school is lo- Law and was admitted to the Ohio Bar Asso- ensure children access to qualified teachers cated in Fairview Park, Ohio and enrolls 520 ciation the same year. and the safe facilities of public schools. students from pre-Kindergarten to Eighth Following graduation, Judge Carroll served This bill reflects what jurisdictions increas- grade. The school was founded in 1923, and as a law clerk to the 8th District Court of Ap- ingly are trying to accomplish, but lack the is a Roman Catholic school in the Saint An- peals from 1977 to 1979. He then worked as leadership and the start-up funds to see gela Merici Parish. an assistant county prosecutor for the Cuya- through. The District of Columbia, for example, The Saint Angela Merici School has a hoga County Prosecutor’s office from 1979 to is attempting to achieve more extensive inte- strong academic focus and high standardized 1984, and from 1979 to 1990 worked in pri- gration of early childhood education as part of test scores that exceed the national average. vate practice. a larger effort to improve the D.C. public In 2010, the entire eight grade class was in Judge Carroll has been the presiding judge schools. A recent report highlighted the eco- the top fifteen percentile in reading and math- for the Lakewood Municipal Court since 1990, nomic benefits of early childhood education, ematics, and a majority of the class placed in and has been serving in that position for 21 emphasizing its role in expanding job opportu- the top tenth percentile. The rest of the school years. During his tenure, Judge Carroll has nities and in decreasing the amount of money scored above the eighty-sixth percentile. been a notable advocate of the Community spent on programs to address teen preg- The school provides a broad curriculum, Work Service Program, Alcohol Awareness nancy, crime, and the like. with religious studies, world languages,

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.021 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2086 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 wellness programs and performing arts as well the United States Congress, I would like to Along the way, it leaves a souvenir in the as mathematics, sciences, social studies, offer my congratulations to the Morris family lake: a total of about 509 tons of toxic coal English and technology. The vast range of for this great accomplishment. My wife Vicki ash, laced with arsenic, lead and mercury over a 134-day operating schedule. That’s far curriculum in the school follows from the goal and I wish them the best for continued suc- more pollution than all the other 125 freight- of the school, to help the students achieve the cess. ers plying the Great Lakes collectively leave highest standards of academic excellence. f in a full year, according to Coast Guard Mr. Speaker and colleagues, please join me records. recognition of Saint Angela Merici School, a HUIZENGA AMENDMENT TO H.R. In 2008, the U.S. EPA set a four-year dead- 2011 National Blue Ribbon School. 2838 line for the Badger’s owners to sharply limit f its pollution, the Tribune’s Michael Haw- HON. GWEN MOORE thorne recently reported. Didn’t happen. In- RECOGNIZING THE MORRIS FAM- stead, the Badger now is one step away from OF WISCONSIN ILY AS THE 2011 WASHINGTON being protected—in all its polluting glory,— IN THE HOUSE OF REPRESENTATIVES COUNTY OUTSTANDING FARM as a National Historic Landmark. Interior FAMILY OF THE YEAR Thursday, November 17, 2011 Secretary Ken Salazar must decide. Hmmm. Let’s see here. The Badger had Ms. MOORE. Mr. Speaker, I rise to express four years to clean up. It failed to secure a HON. JEFF MILLER concerns with the Huizenga amendment to $14 million federal grant to convert its en- OF FLORIDA H.R. 2838 and my fear that it could result in gines to diesel. Now it argues that those en- gines are a ‘‘historic propulsion system,’’ so IN THE HOUSE OF REPRESENTATIVES great damage to the efforts underway here in Congress to protect the Great Lakes from the precious as artifacts that they should be pro- Thursday, November 17, 2011 many threats it faces, including invasive spe- tected from the EPA. Mr. MILLER of Florida. Mr. Speaker, it is a The 410-foot ferry wants to join the rar- cies and pollution. efied world of protected nautical national great pleasure for me to rise today to recog- There is no question that addressing the treasures, joining The Potomac, President nize the Jerry Morris family for being selected invasive species in ballast water is needed to Franklin D. Roosevelt’s yacht, and the Nau- as the 2011 Washington County, Florida Out- protect the Great Lakes and other water bod- tilus, the world’s first atomic-powered sub- standing Farm Family of the Year. ies from these aggressive nonnative species marine. Jerry, son of Arvel and Ethel Morris and one that can destroy the natural ecosystem. Once We say, sure, drape the Badger in the cloak of nine children, is a fourth generation farmer. these species are introduced, the costs to the of treasured icons—provided it becomes a He found his passion for love and farming in environment and taxpayers only grow. Just museum for tourists to tromp through, the middle of cotton country of Cherokee docked forever in a harbor. look at the costs to the Great Lake states and ‘‘We cannot let Historic Landmark status County in northeast Alabama along the Coosa the federal government to fight the sea lam- be used to evade the federal regulations we River. In 1981, Jerry moved to Florida and prey and the current battle to keep the Asian rely on to protect public health and the envi- bought a farm south of Chipley. It was here, Carp out of the Great Lakes. A strong federal ronment,’’ U.S. Sen. Dick Durbin recently where he found his second and most impor- ballast water treatment standard protects both wrote to Salazar. ‘‘This Great Lake cannot tant love, Lynell Kellum, a local farm girl from the environment and the taxpayer. take any more toxic dumping, no matter Jackson County who he married in 1989. We know ballast water is a primary vector how historic or quaint the source may be.’’ Just north of Chipley, Lynell grew up and for the introduction of invasive species. The Exactly right. The Badger pollutes the lake every time it learned to drive a tractor pulling watermelon bill before us would set a needed national bal- wagons through the field and fed the family’s makes the 60-mile crossing. A Badger spokes- last water treatment standard to protect our man tells us the ship’s owners are exploring livestock. After working at the Bank of Jackson nation’s waters. However, the Huizenga the possibility of converting its engines to County for 39 years, she now enjoys farming amendment would create one large loophole run on cleaner natural gas. That would be an with Jerry full time, along with cooking and that would allow ‘‘historic’’ vessels to be ex- excellent move, but it is far from certain. canning, making jelly and sewing. cluded from complying with the new stand- Republican U.S. Reps. Bill Huizenga and Jerry and Lynell both work hard to embrace ards. Dan Benishek, of Michigan, and Tom Petri, new technologies, new varieties and better No science has been put forward to this of Wisconsin, recently added an amendment to the Coast Guard budget that would pre- production practices. After becoming inter- body showing that these vessels—because of ested in no-till planting, they bought a rip-strip vent the EPA from imposing more stringent their historic nature—are not an avenue of in- pollution limits on any ship that is ‘‘on, or planter. It proved to be successful for planting troduction for aquatic invasive species. We nominated for inclusion on’’ the list of na- corn and soybeans. This method prevented should be less concerned about the historic tional landmarks. Guess how many ships fit erosion and left ground cover to hold moisture. nature of the vessel and more about the po- that criteria? Just one. This is classic spe- They started planting twin-row peanuts 10 tential menace caused by hitchhikers in their cial-interest legislation that benefits a few years ago and made better production. They ballast water. I don’t have a problem with rec- at the expense of everyone else. found this to be successful and implemented ognizing history or historic vessels. I just have The answer here can’t be a shrug over pol- luting the lake, the region’s most precious planting his soybeans in twin-rows. a problem with absolving them from making Just this year, they planted 239 acres of natural resource. That was the way of the efforts to prevent a historic invasion of non- world in the early 1950s, when the Badger peanuts, 128 acres of corn, and 234 acres of native species. first started sailing Lake Michigan. That’s soybeans. Jerry has become known as one of Invasive species do not care about the char- not acceptable now. the top corn producers in Washington County. acter of the vessel through which they are The Badger, as Durbin says, was ‘‘quaint’’ Aside from the farm and their love for the brought into the Great Lakes and neither back then. Today, it just fouls the water. outdoors, Jerry and Lynell are members of the should any national ballast water treatment f Washington and Florida Cattlemen’s Associa- standard. I note the recent editorial by the Chi- tion, Florida Peanut Producers Association, cago Tribune about the failings of this amend- IN HONOR OF MRS. RUBY L. and enjoy spending time singing in the choir at ment. TERRY Piney Grove Freewill Baptist Church and I urge my colleagues to work to make sure spending time with their family. Jerry and that this amendment is not included in a final HON. DENNIS J. KUCINICH Lynell have four gown children and five grand- bill as it would undermine long needed efforts OF OHIO children: Alan Kellum and wife Diane, who to create a strong and effective national bal- IN THE HOUSE OF REPRESENTATIVES have two sons live in Nicholasville, Kentucky; last water standard and ensure strong protec- Thursday, November 17, 2011 Amy Hatcher, husband, Clint, and son, Logan, tions for our nation’s bodies of water, including of Wicksburg, Alabama; Ladonna Kellum of the Great Lakes. Mr. KUCINICH. Mr. Speaker, I rise today in Graceville, Florida; and Saranda Headland [From chicagotribune.com, Nov. 15, 2011] honor of Mrs. Ruby L. Terry as she retires and husband, Austin, who have two daughters from the United Black Fund of Greater Cleve- SINK THE BADGER (PROPOSAL) and live in Dothan, Alabama. land, Inc. (UBF) where she served as the Ex- Every day from May to October, the SS Mr. Speaker, our great nation was built by Badger, the last coal-powered steamship on ecutive Director for 19 years. farmers and their families. The Washington the Great Lakes, ferries cars and tourists Established in 1981, by George W. White, County Outstanding Farm Family of the Year across Lake Michigan on a picturesque four- the United Black Fund was the result of the award is a reflection of the Morris family’s tire- hour journey from Manitowoc, Wis. to merger of the Negro Community Federation less work and love of farming. On behalf of Ludington, Mich. and Blacks Organized for Social Services. The

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.023 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2087 UBF is a non-profit charitable organization that and economic advantages over the last 40 GAO continued, ‘‘Determining the constitu- funds more than 80 non-profits annually that years. As the victor of the Cold War ‘‘space tionality of legislation is a province of the serve thousands of poor, Black and other mi- race’’ with the Soviet Union, the U.S. has courts,’’—not, I would add, the White House held an enormous advantage in space tech- counsel’s office or the Department of Jus- nority children, families and seniors. In addi- nology, defense capabilities, and advanced tice. tion to funding, UBF provides free of charge of sciences—generating entirely new sectors of Finally, the GAO finding clearly notes, grantsmanship, workshops, and informational our economy and creating thousands of pri- ‘‘As a consequence of using its appropria- forums to the public. The mission statement of vate sector jobs. tions in violation of section 1340, OSTP vio- the UBF is to acquire, accumulate, and allo- China has developed its own space program lated the Antideficiency Act. . . By using its cate funds to not-for-profits to alleviate suf- at a surprising pace, having gone from fiscal year 2011 appropriation in a manner fering, poverty and illiteracy; strengthen the launching their first manned spacecraft to specifically prohibited, OSTP violated the tradition and ethic of giving among African launching components for an advanced space Antideficiency Act. Accordingly, OSTP station in just ten years. Americans to promote economic self-suffi- should report the violation as required by But the Chinese space program is being led the act.’’ ciency; empower the African American Com- by the People’s Liberation Army (PLA)—and I also wrote Attorney General Eric Holder munity through education to reach its highest to state the obvious, the PLA is not our asking him to hold Dr. Holdren to full ac- potential; educate the African American Com- friend as evidenced by their recent military count for his violation of the Anti-Defi- munity to understand the value of re-directing posture and aggressive espionage against ciency Act by ensuring that he complies income to build wealth within the African U.S. agencies and firms. with all reporting requirements and other American Community. That is why I was troubled to learn from provisions of that law. the press last fall about NASA Adminis- Prior to becoming UBF’s Executive Director I take the GAO findings very seriously. trator Charlie Bolden’s imminent departure Following the law is not voluntary for Ad- in 1992, Mrs. Terry served as the UBF’s for a weeklong visit to China to discuss areas Board Chair for 15 years. Under her direction, ministration officials. That is why Dr. of cooperation between NASA and the PLA Holdren should commit today to full compli- the UBF underwent several changes to be- space program. I was equally concerned to ance with section 1340 and publicly acknowl- come a stronger organization. She created a learn that Dr. John Holdren, head of the edge his error in participating in the bilat- new board of directors, implemented the first White House Office of Science and Tech- eral conference with the Chinese govern- Strategic Plan, and organized new events to nology Policy (OSTP), had spent 21 days in ment. increase funds. She began the UBF’s annual China on 3 separate trips in one year—more Now I’d like to take a few minutes to put than any other country. Very little informa- Anniversary Gala and the UBF/Cleveland the administration’s posture toward China in tion about these cooperative agreements the broader context of the Chinese govern- Browns Alumni Celebrity Golf Tournament. with China were being provided to Congress Additionally, she formed partnerships with ment’s grave human rights abuses, espionage and the American people. efforts and detrimental economic policies. many Cleveland organizations including the So, I included language in section 1340 of In June 1989 peaceful pro-democracy dem- Cleveland Indians. It was also under Mrs. Ter- the Fiscal Year 2011 Continuing Resolution onstrators gathered in Tiananmen Square. ry’s leadership that the UBF obtained Federa- preventing NASA and OSTP from using fed- They were met with a brutal crackdown. As tion status with United Way Services of Great- eral funds ‘‘to develop, design, plan, promul- events unfolded, the world was captivated er Cleveland, Inc. gate, implement or execute a bilateral pol- with the now famous image of the ‘‘Tank icy, program, order, or contract of any kind Man’’ . . . a lone student protestor who stood Mr. Speaker, join me in honoring Mrs. Ruby to participate, collaborate, or coordinate bi- L. Terry and congratulate her on retiring after his ground in the face of an advancing Chi- laterally in any way with China or any Chi- nese tank. To this day his fate is unknown. decades of serving the African American com- nese-owned company.’’ During my first trip to China in 1991, with munity of Greater Cleveland. The provision in the omnibus appropria- Congressman Chris Smith, we visited Beijing tions bill was agreed to by Republican and f Prison Number One where authorities in- Democrat conferees. It passed both houses formed us that approximately 40 Tiananmen ON THE CONSEQUENCES OF SHAR- with bipartisan support and was signed into Square protestors were behind bars. We left ING AMERICAN TECHNOLOGY law by President Obama in April. The provi- with a pair of socks, made by the prisoners, sion was clear, unambiguous and non- WITH CHINA for export to the West. controversial. However, less than one month after its en- Tellingly, the image of the ‘‘Tank Man’’, HON. FRANK R. WOLF actment, I learned that Dr. Holdren and while famous around the globe, is virtually OF VIRGINIA OSTP had defied the provision. Even more unknown within China thanks to the Great IN THE HOUSE OF REPRESENTATIVES troubling is that he withheld information Firewall which censors so-called ‘‘offensive’’ speech. It is estimated that China employs Thursday, November 17, 2011 about his intention to do so during his ap- pearance before the House Commerce-Justice between 30,000 and 50,000 special Internet po- Mr. WOLF. Mr. Speaker, I rise today to Science Appropriations Subcommittee when lice. share testimony that I gave earlier this month we discussed, among other things, the imple- Shockingly, the country has a thriving to the House Foreign Affairs Committee’s sub- mentation of section 1340, and Dr. Holdren’s business of harvesting and selling for trans- committee on Oversight and Investigations re- participation in the U.S.-China Strategic and plant kidneys, corneas and other human or- Economic Dialogue, from May 6–10. gans from executed prisoners. An August 27, garding the economic, security and moral con- 2009 Los Angeles Times article reported, ‘‘In sequences of sharing advanced technology That is why I asked the Government Ac- countability Office (GAO) to investigate this a rare acknowledgment of a practice that with China. violation and issue an opinion. I also asked has until recently been shrouded in secrecy, HOUSE FOREIGN AFFAIRS COMMITTEE—‘‘EF- GAO to determine whether the Office of the state-run newspaper said 65% of organ FORTS TO TRANSFER AMERICA’S LEADING Legal Counsel opinion provided by the Jus- donors were executed prisoners . . .’’ The EDGE SCIENCE TO CHINA’’—TESTIMONY OF tice Department to justify this violation was image here, from a 1994 BBC story, is of PLA CONGRESSMAN FRANK R. WOLF (R–VA), legitimate. officers preparing to execute prisoners— WEDNESDAY, NOVEMBER 2, 2010 In its October 11 opinion, GAO found, ‘‘The China leads the world in executions. Later Thank you Chairman Rohrabacher for call- plain meaning of section 1340 is clear. OSTP footage from the same story captures an un- ing this important hearing on China’s espio- may not use its appropriations to partici- marked van driving toward the prison to nage and the violation of the law by the di- pate, collaborate, or coordinate bilaterally harvest the organs from the executed pris- rector of the Office of Science and Tech- in any way with China or any Chinese-owned oners and transport them to a local hospital. nology Policy (OSTP). companies.’’ Like many repressive regimes throughout I have been very troubled by this adminis- Further, GAO found that, ‘‘OSTP’s partici- history, the Chinese government maintains a tration’s apparent eagerness to work with pation in the Innovation Dialogue and S&ED brutal system of labor camps. The State De- China on its space program and willingness contravened the appropriations restriction,’’ partment’s annual human rights report to share other sensitive technologies. I want and added that, ‘‘OSTP does not deny that it found that, ‘‘Forced labor remained a serious to be clear: the United States has no busi- engaged in activities prohibited by section problem . . .’’ ness cooperating with the Peoples Liberation 1340.’’ Famed Chinese dissident Harry Wu spent Army (PLA) to help develop its space pro- The GAO finding also rebuts a September nearly 20 years in Chinese gulags. In Con- gram. We should also be wary of any agree- 19 memorandum prepared by the Justice De- gressional testimony earlier this year, Wu ments that involve the transfer of tech- partment’s OLC on the constitutionality of said, ‘‘When I finally came to the U.S. in nology or sensitive information to Chinese the provision. GAO stated, ‘‘In our view, leg- 1985, although I was already 48 years old, institutions or companies—many of which islation that was passed by Congress and that was the first time in my life that I felt are controlled by the government and the signed by the President, thereby satisfying truly free.’’ He concluded by urging ‘‘Presi- PLA. the Constitution’s bicameralism and present- dent Obama and the U.S. Congress to be bold Space is the ultimate ‘‘high ground’’ that ment requirements, is entitled to a heavy and take a firm stand against China’s human has provided the U.S. with countless security presumption in favor of constitutionality.’’ rights abuses.’’

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\K17NO8.024 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2088 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 But boldness is hardly the order of the day Rebiya’s children and grandchildren as trate U.S. agencies are the most aggressive when it comes to U.S. policy. The same could pawns in an effort to silence her. of all foreign intelligence organizations. Ac- be said of some U.S. companies. We have seen that the Chinese government cording to a 2008 FBI statement, Chinese in- In 2006, Congressman Chris Smith and the is unmoved and in fact emboldened in its on- telligence services ‘‘pose a significant threat late Congressman Tom Lantos, himself a going repression while at the same time ex- both to the national security and to the Holocaust survivor, convened a hearing in periencing explosive economic growth. compromise of U.S. critical national assets.’’ which they publicly challenged the Internet We have seen our own short-sightedness in Their espionage isn’t limited to govern- giant Yahoo! to look beyond the bottom line, making the protection of basic liberties and ment agencies. In an October 4 Washington and consider the moral implications of their the advancement of rule of law secondary to Post article, Rep. Mike Rogers, chairman of complicity in imprisoning Chinese dis- unfettered market access and normal trade the House Intelligence Committee, re- sidents. relations. marked, ‘‘When you talk to these companies New York Times columnist Nicholas These flawed policies have strengthened behind closed doors . . . they describe at- Kristof authored a piece after the hearing the oppressors and enabled China to advance tacks that originate in China, and have a writing, ‘‘Suppose that Anne Frank had economically at our expense. Every Member level of sophistication and are clearly sup- maintained an e-mail account while in hid- here represents constituents whose very live- ported by a level of resources that can only ing in 1944, and that the Nazis had asked lihood has been negatively affected by Chi- be a nation-state entity.’’ Yahoo for cooperation in tracking her down. na’s blatant economic espionage and preda- These breaches in our national security in- It seems, based on Yahoo’s behavior in tory, protectionist and illegal practices. frastructure are rampant and pose a very China, that it might have complied.’’ Meanwhile, U.S. companies are increas- real threat. A May 14 Reuters story indi- Yahoo isn’t the only U.S. company to come ingly sending American jobs to China. Gen- cated that, ‘‘North Korea and Iran appear to under fire for pursuing business interests at eral Electric’s health-care unit recently an- have been regularly exchanging ballistic the expense of human rights. A May 22 New nounced it was moving the headquarters of missile technology in violation of U.N. sanc- York Times article, reported that Cisco, 115-year-old X-ray business to Beijing. Iron- tions, according to a confidential U.N. report ‘‘customized its technology to help China ically, the head of President Obama’s Coun- . . . The report said the illicit technology track members of the Falun Gong spiritual cil on Jobs and Competitiveness is GE Chair- transfers had ‘trans-shipment through a movement . . .’’ There are multiple suits man Jeffrey Immelt. neighboring third country.’ That country pending against Cisco. According to a March 24 New York Times was China, several diplomats told Reuters on These allegations reflect a worrying trend. article, GE paid zero taxes in the U.S. in condition of anonymity.’’ American companies ought to represent 2010. Meanwhile, the Congressional Research China is also a major arms supplier and American values. Instead, it seems that time Service found that the Chinese State Tax source of economic strength to the regime in and again major U.S. corporations are em- Administration and China Tax magazine Khartoum. According to Human Rights bracing Chinese government policies that jointly released a number of lists of the top First, during the years of the worst violence are completely at odds with what America taxpayers in 2007 and GE featured promi- in Darfur ‘‘. . . China sold over $55 million represents. nently. The Beijing subsidiary of GE was worth of small arms to Khartoum.’’ I was China, in turn, exports its repressive tech- number 32 on the top 100 taxpaying firms in part of the first Congressional delegation to nologies to likeminded governments. An Oc- the commercial services sector. It is note- Darfur. I heard the stories of rape, killing tober 27, Wall Street Journal piece reported worthy that GE, which pays no federal taxes and displacement. America provided humani- that the Chinese telecom giant Huawei ‘‘now in its home country, is honored for being a tarian supplies to the victims, while China dominates Iran’s government-controlled mo- significant source of tax revenue to China. provided arms to the perpetrators. Meanwhile, Beijing rolled out the red car- bile-phone industry . . . , it plays a role in Our engagement with China has not only pet this year for Sudanese President Omar enabling Iran’s state security network.’’ empowered the government, failed to change al-Bashir, an internationally indicted war It seems that not only is the U.S. failing to their political system and undermined our criminal. Bashir’s crimes are not just a thing change China, but rather, China is changing economic security it has fueled China’s mili- of the past. The current assault by northern us. tary apparatus. Again, the president’s ‘‘jobs Sudanese forces in Southern Kordofan and Is it any surprise considering what China czar,’’ Jeffrey Immelt, is at the center of Blue Nile states has displaced thousands. is spending on high-powered lobbying firms these concerns. There are credible news reports of targeted in this town? An October 28 Defense News piece reported ethnic killings and satellite images of what According to a January 9 Washington Post that, ‘‘U.S. aerospace companies may un- appear to be mass graves. story, in recent years China has, ‘‘tripled the knowingly be helping China’s military, ac- Speaking of red carpet, President Obama, amount it spends on lobbying firms . . .’’ But cording to a rough draft of the annual report the 2009 Nobel Peace Prize winner, welcomed well-heeled lobbyists can’t explain away Chi- on China’s military modernization by the Chinese President Hu Jintao with a State na’s abysmal human rights record. U.S.-China Economic and Security Review Dinner in January at the same time that 2010 Thousands of political and religious pris- Commission, to be released in November.’’ Nobel Peace Prize winner, Chinese dissident oners languish in prison. Specifically the article pointed to, ‘‘last Jan- Liu Xiaobo, languished behind bars. Mean- According to the Cardinal Kung Founda- uary’s announcement by General Electric while, the Dalai Lama was initially denied a tion, currently every one of the approxi- and the Aviation Industry Corporation of meeting with President Obama and then in mately 25 underground bishops of the Catho- China (AVIC) that they would launch a joint February 2010 was made to leave the White lic Church is either in jail, under house ar- venture for integrated avionics’’ and cited House through the back door to avoid press. rest, under strict surveillance, or in hiding. the Commission’s soon to be released report In closing, there will come a day when the Protestant house church pastors are rou- which indicated that China, ‘‘has a robust, Chinese communist government will fall—re- tinely intimidated and imprisoned. The re- largely military space program..’’ with all pressive, totalitarian regimes always do. And cently released annual report of the Congres- but 13 of its roughly 70 satellites in orbit when that day comes, books will be written sional-Executive Commission on China found controlled by the military. about who helped sustain this government in the government placed 500 members of the A May 17 article in Wired.com reported their final days. Will U.S. companies feature Shouwang Church under ‘‘soft detention’’ be- that Chinese troops have begun using a first- in that narrative? Will the U.S. government? tween the fall of 2010 and the fall of 2011. person-shooter video game, ‘‘Glorious Mis- In 2001, a book was published titled, ‘‘IBM David Aikman, former Beijing bureau chief sion,’’ backed by the PLA, which stimulates and the Holocaust.’’ A New York Times book for TIME magazine, authored a piece noting: basic training in which the enemy is appar- review describes how IBM had ‘‘global con- ‘‘The crackdown on Christians is part of a ently the U.S. military. trol of a technology that was enormously rising tide of repression against dissent An April 11, Aviation Week article re- helpful, indeed indispensable, to the Nazi that’s often accompanied by interrogations ported, ‘‘The PLA has made great strides to- machinery of war and annihilation.’’ The and torture.’’ ward implementing a strategy . . . to deter Times review quotes the author of the book Since March, 10 Tibetan Buddhist monks or defeat U.S. forces in the Western Pacific.’’ as saying that many companies did what and nuns have set themselves aflame in des- The 2010 annual Pentagon report cited ear- IBM did. They ‘‘refused to walk away from peration at the abuses suffered by their peo- lier, found ‘‘ . . . In the case of key national the extraordinary profits obtainable from ple. One such nun is pictured here. Recently security technologies, controlled equipment, trading with a pariah state . . .’’ cameramen smuggled out video footage, still and other materials not readily obtainable Arguably that assessment rings true today. frame shot here, of Chinese police in full riot through commercial means or academia, the Only the pariah state has changed. gear carrying automatic rifles and iron bars PRC resorts to more focused efforts, includ- Those in positions of leadership, be they in outside of the monastery where several of ing the use of its intelligence services and the private sector or in government, do our the self-immolations occurred. other-than legal means, in violation of U.S. country a disservice when they gloss over or Rebiya Kadeer—a fearless advocate for the laws and export controls.’’ ignore the actions of the Chinese govern- Uyghur Muslims in China—spent two years Let’s be perfectly clear about how China is ment. They put us squarely on the wrong in solitary confinement before being exiled advancing militarily: they are utilizing side of history. to the U.S. in 2005. Following her release, ‘‘other than legal means.’’ The Chinese government brutally represses two of her sons were unjustly arrested and The report also highlighted China’s cyber- its own people. It persecutes people of faith. subsequently sentenced to lengthy prison espionage efforts. The U.S. intelligence com- It censors the Internet. It maintains labor terms. Chinese authorities continue to use munity notes that China’s attempts to pene- camps.

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A17NO8.033 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2089 The Chinese government actively engages ure in the history of California. I ask my col- PAYING TRIBUTE TO THE SUR- in cyber-espionage. It steals state secrets. It leagues to join me for a moment of silence in GEON GENERAL OF THE UNITED aligns itself with countries directly at odds the memory of the great Teresa Hughes. STATES NAVY AND CHIEF OF with U.S. interests. It supports genocidal THE NAVY’S BUREAU OF MEDI- governments and buttresses rogue regimes. f There’s a legal term, ‘‘willful blindness,’’ CINE AND SURGERY, VICE ADMI- that aptly described our dealings to date IN RECOGNITION OF KENSINGTON RAL ADAM M. ROBINSON, JR.’S with China. Faced with these painful truths, INTERMEDIATE SCHOOL 34 YEARS OF SERVICE TO OUR blindness is no longer an option. NATION In the words of British abolitionist, Wil- liam Wilberforce, ‘‘Having heard all of this, HON. DENNIS J. KUCINICH you may choose to look the other way, but OF OHIO HON. C.W. BILL YOUNG OF FLORIDA you can never again say that you did not IN THE HOUSE OF REPRESENTATIVES know.’’ IN THE HOUSE OF REPRESENTATIVES Thursday, November 17, 2011 f Thursday, November 17, 2011 Mr. KUCINICH. Mr. Speaker, I rise today in HONORING TERESA HUGHES Mr. YOUNG of Florida. Mr. Speaker, I rise honor of Kensington Intermediate School, a to pay tribute to Vice Admiral Adam M. Robin- recipient of a Federal Blue Ribbon Award. son, Jr. for his extraordinary dedication to duty HON. LAURA RICHARDSON The Blue Ribbon Schools Program is a pro- and service to the United States of America as OF CALIFORNIA gram designed to highlight schools which have the 36th Surgeon General of the United States IN THE HOUSE OF REPRESENTATIVES proven records of academic excellence. These Navy and Chief of the Navy’s Bureau of Medi- Thursday, November 17, 2011 schools have demonstrated a dedication to cine and Surgery. Vice Admiral Robinson will their student bodies which prepare their stu- retire as the Senior Healthcare Officer in the Ms. RICHARDSON. Mr. Speaker, I rise dents for higher education and life beyond the today to honor the late Teresa Hughes, former United States Navy and the principle medical classroom. Such institutions serve as exam- advisor to the Secretary of the Navy, Chief of California State Senator and Assemblywoman ples to be emulated in schools across the na- from the Los Angeles area, who passed away Naval Operations and Commandant of the tion. Marine Corps. His military service spans on Tuesday, November 15, 2011 at the age of Kensington Intermediate School is one of 80. As the second black woman elected to the across more than three decades of active mili- 305 schools in the nation to be awarded the tary duty to the United States Navy and the Assembly, Ms. Hughes proved to be an influ- title of a Blue Ribbon school. It has shown ential lawmaker, breaking barriers and proving Nation. itself to be among this group of elite institu- A native of Louisville, Kentucky, Vice Admi- to most leaders that it is necessary to have tions. In 2010, Kensington was named Excel- women in significant leadership roles because ral Robinson was commissioned into the Navy lent with Distinction, which is the Ohio Depart- through the Armed Forces Health Professions their constituents demand it. ment of Education’s highest award. Last year, A former New York social worker, teacher Scholarship Program after graduating with a the school system ranked 5th in Cleveland and school administrator, Ms. Hughes was a Doctor of Medicine degree from Indiana Uni- Magazine’s prestigious Top Ten List of Cleve- fervent supporter of education. Her candidacy versity, School of Medicine. In 1978, Vice Ad- land Area Schools. for the 47th Assembly District in California, miral Robinson was assigned to the National Kensington has continued on its path of which included a large part of South L.A. and Naval Medical Center at Bethesda for the very academic excellence by scoring 96.5% and the cities of Bell, Cudahy, Huntington Park, first time of many in his superb career. While 92.5% proficiency in the Ohio 5th grade Downey and Compton, came with much sup- assigned there he completed his residency in Science and Math Achievement Assessment port because the constituents wanted to elect the area of general surgery. After his assign- tests, respectively. The 3rd grade Reading a professional educator committed to expand- ment in Bethesda, Vice Admiral Robinson was Achievement Assessment score has repeat- ing educational opportunities for their commu- forward deployed to the United States Naval edly been the highest in the county. nity. Hospital in Yokosuka, Japan. He was then se- Mr. Speaker and colleagues, please join me Ms. Hughes’ accomplishments as a state lected as a ship’s Surgeon on the USS Mid- in honoring Kensington Intermediate School, a legislator are many. During her 17 years in the way during his first duty at sea. After com- 2011 National Blue Ribbon School. California State Assembly, she authored a bill pleting various operational assignments, Vice dedicating $800 million in bond money to build f Admiral Robinson attended the University of Il- school classrooms as well as the creation of linois School of Medicine, Urbana-Champaign, a state School of the Arts. In 1983, as chair- HONORING TOWN CLERK RUTH for a fellowship in colon and rectal surgery at woman of the Assembly Education Committee, ARGO MAZZEI the Carle Foundation Hospital. After his fellow- she co-authored an education bill setting state ship he was again assigned to the National graduation standards, lengthening school days HON. NAN A.S. HAYWORTH Naval Medical Center at Bethesda to head the and the school year, raising teacher salaries OF NEW YORK Colon and Rectal Surgery Division. While at and standards, and requiring prospective IN THE HOUSE OF REPRESENTATIVES Bethesda, he was again deployed as a ship’s surgeon for the USS John F. Kennedy and the teachers to pass a basic skills test. Ms. Thursday, November 17, 2011 Hughes also authored the bill that established USS Coral Sea. the California Museum of Afro-American His- Ms. HAYWORTH. Mr. Speaker, I rise today He became a Medical Director for the first tory and Culture within the Museum of to recognize Ruth Argo Mazzei of Southeast, time in his career in 1994 at the Naval Medical Science and Industry in Los Angeles. New York for her service as Town Clerk for Center Portsmouth after serving and earned There were 15 women state lawmakers in the past 20 years. his Master’s in Business Administration from 1985 when the Joint Rules Committee formally Mrs. Mazzei was first elected to serve the the University of South Florida. In 1999, while recognized the new bipartisan Caucus of people of Southeast as Town Clerk in Novem- serving as the Fleet Hospital Jacksonville Women Legislators. As the senior woman in ber of 1991. Certified as both an International Commanding Officer, Robinson commanded a the Assembly at the time, Ms. Hughes was se- Municipal Clerk and New York State Reg- detachment of the fleet hospital as for a med- lected to chair the caucus. istered Municipal Clerk, Mrs. Mazzei has ical contingent to Joint Task Force Haiti (Oper- Elected to the state Senate in 1992, Hughes served the residents of Southeast with honor ation New Horizon/Uphold Democracy). In Au- represented the 25th District, which stretched and integrity. She is known for her love of her gust 1999, Robinson reported to the Bureau of from Marina del Rey to Paramount. community and her loyalty to friends and fam- Medicine and Surgery as the director of Read- Before she retired in 2000, she became the ily. Mrs. Mazzei and her husband of 44 years, iness and was selected as the principal direc- first woman and first African American to Joseph Mazzei, have four sons: T.J., Chris- tor, Clinical and Program Policy in the Office serve on the Senate Rules Committee. topher, Michael, and Robert. of the Assistant Secretary of Defense for Her State Senate achievements include es- Mr. Speaker, it is a privilege to recognize Health Affairs. Vice Admiral Robinson was as- tablishing the Senate Select Committee on the Honorable Ruth Argo Mazzei. As the face signed as the Commanding Officer United College Admission and Outreach and writing a of Southeast Town Government and Town States Naval Hospital, Yokosuka, Japan from school violence prevention bill that led to the Hall for over two decades, the residents of September 2001 to January 2004. In July creation of the Task Force on School Safety. Southeast and New York’s Nineteenth Con- 2004, he returned to the National Naval Med- Mr. Speaker, I am proud to stand here in re- gressional District are fortunate to have bene- ical Center at Bethesda as the Commander. In membrance of Teresa Hughes, a towering fig- fited from her service. 2007 Vice Admiral James A. Robinson was

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.034 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS E2090 CONGRESSIONAL RECORD — Extensions of Remarks November 17, 2011 chosen as the 36th Surgeon General of the time Transportation Act of 2011,’’ and to sa- legislation in 2003 that created the National United States Navy and 40th Chief of the Bu- lute the brave men and women of the United Museum of the American Latino Commission. reau of Medicine and Surgery. States Coast Guard for their service to our na- Five years later, in 2008, Congress passed An accomplished and published academic, tion. the bill and it was signed by President George Vice Admiral Robinson holds fellowships in the As a member of the Homeland Security W. Bush. Once appointed by Congress and American College of Surgeons and the Amer- Committee and the Armed Services Com- President Barack Obama, the Commission ican Society of Colon and Rectal Surgery. He mittee, I recognize the critical role the Coast began its work in 2009 with the support of the is a member of the Le Societe Internationale Guard plays in combating piracy, interdicting Department of Interior and Secretary Ken de Chirurgie, the Society of Black Academic illegal drugs, preventing acts of terrorism, and Salazar. The Commission’s final 2011 report Surgeons, and the National Business School assisting our coastal communities when they and recommendations can be viewed at http:// Scholastic Society, Beta Gamma Sigma. He are afflicted by natural disasters. That is why www.americanlatinomuseum.gov. holds certification as a Certified Physician Ex- I am saddened that controversial provisions The bill we are introducing responds to the ecutive (CPE) from the American College of were attached to this bill. Commission’s call for the creation of a na- Physician Executives. I cannot support this legislation because it tional museum in Washington, D.C. that ‘‘illu- Vice Admiral Robinson has been instru- would strip New York State of its right to pro- minates the American story for the benefit of mental in preparing the United States Navy for tect itself from invasive species introduced all’’ by preserving, presenting and interpreting the merger of the National Capitol Region’s through ballast water, putting New Yorkers American Latino history, art, cultural expres- major health care facilities. He oversaw the and New York State waters at risk. sions, and experiences. Specifically, the bill: planning, construction and execution of the My home state is blessed to sit on two (1) Establishes within the Smithsonian Insti- new Joint Medical Facility and ensured that Great Lakes: Lake Erie and Lake Ontario. tution a museum to be known as the ‘‘Smith- best practices of the Navy and other services These waters are of critical importance to the sonian American Latino Museum.’’ were preserved throughout the transition. Vice Western New York economy and support (2) Designates the museum’s site as the Admiral Robinson was also never afraid to be recreation jobs, fishing jobs, tourism jobs, Arts and Industries Building on the National an outspoken opponent of policies and issues shipping jobs—jobs at our ports, harbors and Mall, at 900 Jefferson Drive Southwest in from the merger that would sacrifice care for canals. The people of New York are all too Washington, D.C. Service Members of any service. Without his aware of the havoc that invasive species like (3) Authorizes the Smithsonian Board of Re- foresight and wisdom throughout the process, Asian Carp and Zebra Mussels can wreak on gents to prepare a plan of action for the mu- the new National Military Medical Center at the Great Lakes and the threat they pose to seum, as referred to in the May 2011 Report Bethesda would not be the shining medical fa- our economy. That is why I oppose this legis- to Congress submitted by the Commission to cility model it is today for our Service Men and lation and urge my colleagues to preserve Study the Potential Creation of a National Mu- Women and their Families. New York’s right to protect our citizens, pro- seum of the American Latino, in consultation Throughout his career, Vice Admiral Robin- tect our waters and protect our jobs. with the Secretary of Interior, the Commission son has demonstrated expertise in medicine f of Fine Arts, the National Capital Planning that ranks him among the very best in the Commission and federal and local agencies. world. However, I would say his most shining THE INTRODUCTION OF THE (4) Authorizes the Regents to identify and achievements have been his exceptional care SMITHSONIAN AMERICAN LATINO evaluate viable funding models for both the for our Nation’s most important treasure, our MUSEUM ACT construction and operation of the museum, wounded Soldiers, Sailors, Airmen, and Ma- within 18 months after the bill is enacted. rines, throughout the wars in Iraq and Afghani- HON. XAVIER BECERRA (5) Authorizes the Regents and Secretary of stan. Bethesda’s renowned reputation as the OF CALIFORNIA the Interior to enter into an agreement that al- gold standard of care for wounded Service IN THE HOUSE OF REPRESENTATIVES lows for the planning design and construction Members improved throughout his tenure and Thursday, November 17, 2011 of an underground annex facility, in a manner will be the lasting legacy of the 36th Surgeon harmonious with and to protect the open General of the Navy. Mr. BECERRA. Mr. Speaker, I rise today to space and visual sightlines of the Mall. The United States Navy, the Department of introduce with Congresswoman ILEANA ROS- Today marks a key moment in our effort to Defense and the Nation will dearly miss one of LEHTINEN (FL–18) the Smithsonian American ensure that the contributions of Americans of its most respected and valued leaders as Vice Latino Museum Act—a companion bill that is Latino descent receive respect and recognition Admiral Adam M. Robinson leaves active duty. also being introduced today in the U.S. Senate earned by a patriotic community of Americans We will all miss his humility, his selflessness, by our colleagues Senator ROBERT MENENDEZ who have served this nation since its inception his candor and his integrity. When history (NJ), Senate Majority Leader HARRY REID (NV) and now number over 50 million. I look for- looks back at this leader and his legacy it will and Senator MARCO RUBIO (FL). ward to working with my colleagues to pass be clear that he saved countless Service The Smithsonian American Latino Museum this bill and to supporting the Smithsonian In- Members lives with his policies and daily prac- Act we introduce today advances the work of stitution in an important new chapter of its tices. the National Museum the American Latino work to increase understanding of the Amer- Mr. Speaker, it has been a pleasure to work Commission—a 23–member bi-partisan, con- ican experience. closely with Vice Admiral Robinson over the gressionally authorized commission of experts f last several years of his long and decorated that investigated the potential creation of a career. On behalf of a grateful Nation, I join museum. Through an exhaustive process that STANDING AGAINST VOTER my colleagues today in recognizing and com- involved consultations with national experts, SUPPRESSION mending Vice Admiral Adam M. Robinson for forums in eight cities (Chicago, Albuquerque, a lifetime of service to his country. For all he Austin, Miami, St. Paul, Los Angeles, New HON. DIANA DeGETTE and his family have given and continue to give York City, and San Juan, Puerto Rico), and OF COLORADO to our country; we are in their debt. We wish communication via several online platforms IN THE HOUSE OF REPRESENTATIVES that engaged tens of thousan supporters, the him, his wife Yuko, all the best in his retire- Thursday, November 17, 2011 ment. commission generated valuable input regard- Ms. DEGETTE. Mr. Speaker, voter suppres- f ing the feasibility of an American Latino mu- seum Washington, D.C. sion efforts are well are underway in my home H.R. 2838, THE ‘‘COAST GUARD AND Over the past eighteen years the call has state of Colorado. In September, the Colorado MARITIME TRANSPORTATION grown stronger and stronger to establish such Secretary of State actually sued the City and ACT OF 2011’’ a museum on our National Mall that shares County of Denver because the Clerk and Re- the rich and full story of what it means to be corder’s office over sending election ballots to HON. KATHLEEN C. HOCHUL an American. The effort to create the Amer- every registered voter in Denver, including in- OF NEW YORK ican Latino Museum dates back to 1993, when active registered voting men and women of IN THE HOUSE OF REPRESENTATIVES a Smithsonian Task Force on Latino Issues the military and citizens living overseas. Our formally called for the creation of a national Secretary of State took exception because the Thursday, November 17, 2011 museum dedicated to sharing the story of law states ballots shall be mailed to all active Ms. HOCHUL. Mr. Speaker, I rise in opposi- Latinos’ historic, cultural and artistic contribu- registered electors. Last month, a Denver tion to H.R. 2838, ‘‘the Coast Guard and Mari- tions to the U.S. I was proud to introduce the judge ruled that Denver County could in fact

VerDate Mar 15 2010 06:28 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K17NO8.027 E17NOPT1 smartinez on DSK6TPTVN1PROD with REMARKS November 17, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2091 send these ballots to all registered voters for 2011. This legislation offers a thoughtful com- that all Americans pay for. It is only fair that the upcoming November election, but officers prehensive approach to reforming our estate they reinvest in the country that provided them at the highest levels of our state government tax system that is supported by voters across with so much opportunity. have indicated they will continue in their at- all income levels. As America comes out of tempts to limit the participation of any legal one of the worst recessions in its history, this f voter in our community. Congress must carefully consider all sources Unfortunately as it stands already, just more of revenue that are not only effective, but fair PERSONAL EXPLANATION than half of eligible voters in the United States and equitable. This estate tax embodies those show up to make themselves heard during values. HON. LUIS V. GUTIERREZ Presidential election years. That percentage The past decade of failed tax policies have OF ILLINOIS killed jobs and resulted in significant income dips into the thirties in so called ‘‘off years.’’ IN THE HOUSE OF REPRESENTATIVES The last thing we need in America is fewer and wealth disparity in this country. The prom- Thursday, November 17, 2011 people voting. With 14 million Americans look- ise and strength of America lies in a system ing for work, and millions more struggling as that benefits everyone. These tax policies Mr. GUTIERREZ. Mr. Speaker, I would like a result of a growing wage gap, the problems have steered us away from this promise and the record to show that, due to an error, I facing this country are profound and complex, crippled the American economy. The middle voted ‘‘aye’’ on H.R. 822, the ‘‘National Right- and addressing them will require a broad class continues to shrink as more and more to-Carry Reciprocity Act,’’ (rollcall vote No. range of voices. wealth flows to the top—and this country’s 852) when I intended to vote ‘‘no.’’ I would All of us bear the responsibility for encour- current tax system makes this unfairness also like the record to show that I would have aging voter turnout—especially in traditionally worse. The current estate tax policy is the voted ‘‘aye’’ on rollcall No. 849. disenfranchised areas. Voting is the most ef- poster child for the unfairness we all see. Coming from Illinois, a state that does not fective way to drown out the influence of cor- That is why I am introducing this legislation. issue permits to carry concealed weapons, I porate campaign donations and the unac- This bill will bring the estate tax back to the understand the importance of allowing each countable and unwieldy super political action rates and exemptions from before the Bush state and locality to determine what gun policy committees, which can raise unlimited sums of tax cuts—a time when this country experi- is most appropriate for them. From 1999– money to pour into our elections. Voting is the enced continued prosperity and budget sur- 2006, 9,054 residents of Illinois were killed by pluses. most effective way to be heard on the issues gun violence. These numbers are jarring and, Specifically, the Sensible Estate Tax Act of impacting our nation. For too many Ameri- when faced with escalating gun violence in the 2011 will return the top marginal rate to 55 city of Chicago, I simply cannot support efforts cans, the right to vote did not come easy and percent and lower the exemption for individ- to erode and circumvent tough state gun laws. many of us recognize the perilous con- uals to $1 million. It will also reunify the gift sequences of not guarding this right aggres- and estate taxes, and provide for permanent The ‘‘National Right-to-Carry Reciprocity sively. portability of any unused exemption. Account- Act’’ would preempt state laws by forcing In 1964, Chief Justice Earl Warren ex- ants and taxpayers have been asking Con- states to accept permits to carry concealed pressed one of the basic truths of American gress for a permanent and fair estate tax so weapons from other states regardless of any history, that ‘‘the right of suffrage is a funda- they may properly plan their affairs. This bill differences in safety standards or require- mental matter in a free and democratic soci- does just that. Additional estate tax loopholes ments to obtain the permit. In other words, In- ety.’’ Efforts to suppress the democratic right are also addressed, including a 10-year min- diana, which prohibits individuals with certain to vote in pursuit of electoral gain are both imum on grantor retained annuity trusts, limita- dangerous criminal misdemeanor convictions misguided and unconstitutional, and I will con- tions on the generation skipping transfer trust from carrying concealed weapons, would be tinue to fight at the federal level to ensure exemption, and rules for consistent basis re- forced to allow permit holders from states every American, regardless of race, income, porting. without that requirement to carry concealed or heritage will have the opportunity to partici- Today’s law allows for up to $10 million in weapons within the state. In addition, it would pate in the ‘‘fundamental matter in a free and wealth to be transferred tax-free at death. And be virtually impossible for a law enforcement democratic society.’’ some of my colleagues across the aisle say officer to determine if an out-of-state permit f even that is not enough. In a country that was validly issued, creating more danger and cherished the ideal that where you are born uncertainty for our officers. THE SENSIBLE ESTATE TAX OF should not determine where you end up, it is I fear that, if this bill were enacted, it would 2011 inherently unfair that the average middle class put law enforcement officers and our commu- family pays income tax while the children of nities at great risk while simultaneously erod- HON. JIM McDERMOTT rich parents can inherit $10 million tax-free. ing the authority of the states to dictate their OF WASHINGTON Succeeding financially in life is a wonderful own rules in the gun permitting process. I am IN THE HOUSE OF REPRESENTATIVES American right and the families of wealthy deeply committed to ensuring that our commu- people should benefit from that good fortune. nities are safe from the ravages of gun vio- Thursday, November 17, 2011 But no one gets wealthy on their own—finan- lence and I will ardently oppose any legislation Mr. MCDERMOTT. Mr. Speaker, I rise today cial success for any American is achieved by to further erode strong state and local gun to introduce the Sensible Estate Tax Act of using the roads, schools, and public services laws.

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 2112, Depart- ments of Agriculture, Commerce, Justice, Transportation, and Housing and Urban Development, and Related Programs Appropriations Act and Further Continuing Appropriations. House agreed to the conference report to accompany H.R. 2112, Depart- ment of Agriculture, Commerce, Justice, Transportation, and Housing and Urban Development, and Related Programs Appropriations Act and Further Continuing Appropriations. Senate providing investigatory assistance on request of State Chamber Action and local authorities with respect to certain serious Routine Proceedings, pages S7633–S7784 violent crimes. Measures Introduced: Twenty-two bills and two S. 1794, to correct and simplify the drafting of resolutions were introduced, as follows: S. section 1752 (relating to restricted buildings or 1883–1904, and S. Res. 332–333. Pages S7701–02 grounds) of title 18, United States Code, with Measures Reported: amendments. Page S7701 Special Report entitled ‘‘Further Revised Alloca- Measures Passed: tion to Subcommittees of Budget Totals for Fiscal Protect the Safety of Judges: Senate passed H.R. Year 2012.’’ (S. Rept. No. 112–95) 1059, to protect the safety of judges by extending Report to accompany S. 1301, to authorize appro- the authority of the Judicial Conference to redact priations for fiscal years 2012 through 2015 for the sensitive information contained in their financial dis- Trafficking Victims Protection Act of 2000, to en- closure reports, after agreeing to the committee hance measures to combat trafficking in persons. (S. amendment. Pages S7776–77 Rept. No. 112–96) H.R. 347, to correct and simplify the drafting of Federal Deposit Insurance Corporation: Com- section 1752 (relating to restricted buildings or mittee on Banking, Housing, and Urban Affairs was grounds) of title 18, United States Code, with an discharged from further consideration of H.R. 2056, amendment in the nature of a substitute. to instruct the Inspector General of the Federal De- H.R. 2076, to amend title 28, United States posit Insurance Corporation to study the impact of Code, to clarify the statutory authority for the long- insured depository institution failures, and the bill standing practice of the Department of Justice of was then passed, after agreeing to the following providing investigatory assistance on request of State amendment proposed thereto: Page S7777 and local authorities with respect to certain serious Levin Amendment No. 1221, to clarify the types violent crimes, with an amendment in the nature of of losses to be studied, to require appearances before a substitute. Congress. Page S7777 H.R. 2189, to encourage States to report to the America’s Cup Act: Senate passed H.R. 3321, to Attorney General certain information regarding the facilitate the hosting in the United States of the deaths of individuals in the custody of law enforce- 34th America’s Cup by authorizing certain eligible ment agencies. vessels to participate in activities related to the com- S. 1793, to amend title 28, United States Code, petition, after agreeing to the following amendment to clarify the statutory authority for the long- proposed thereto: Pages S7777–78 standing practice of the Department of Justice of D1240

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Pages S7674, S7675 tope production, and to condition and phase out the Merkley Amendment No. 1174, to express the export of highly enriched uranium for the produc- sense of Congress regarding the expedited transition tion of medical isotopes, after agreeing to the com- of responsibility for military and security operations mittee amendment in the nature of a substitute, and in Afghanistan to the Government of Afghanistan. the following amendment proposed thereto: Pages S7674–75 Pages S7778–82 Feinstein Amendment No. 1125, to clarify the ap- Levin (for Bingaman/Murkowski) Amendment No. plicability of requirements for military custody with 1223, to improve the bill. Pages S7780–82 respect to detainees. Page S7685 American Education Week: Senate agreed to S. Feinstein Amendment No. 1126, to limit the au- Res. 332, supporting the goals and ideals of Amer- thority of Armed Forces to detain citizens of the ican Education Week. Page S7782 United States under section 1031. Page S7685 United States Former Prisoners of War: Senate Udall (CO) Amendment No. 1107, to revise the agreed to S. Res. 333, welcoming and commending provisions relating to detainee matters. Page S7685 the Government of Japan for extending an official Landrieu/Snowe Amendment No. 1115, to reau- apology to all United States former prisoners of war thorize and improve the SBIR and STTR programs, from the Pacific War and establishing in 2010 a vis- and for other purposes. Page S7685 itation program to Japan for surviving veterans, fam- Franken Amendment No. 1197, to require con- ily members, and descendants. Pages S7782–83 tractors to make timely payments to subcontractors Measures Considered: that are small business concerns. Page S7685 Cardin/Mikulski Amendment No. 1073, to pro- Department of Defense Authorization Act— hibit expansion or operation of the District of Co- Agreement: Senate began consideration of S. 1867, lumbia National Guard Youth Challenge Program in to authorize appropriations for fiscal year 2012 for Anne Arundel County, Maryland. Pages S7685–86 military activities of the Department of Defense, for Begich Amendment No. 1114, to amend title 10, military construction, and for defense activities of United States Code, to authorize space-available trav- the Department of Energy, to prescribe military per- sonnel strengths for such fiscal year, taking action on el on military aircraft for members of the reserve the following amendments proposed thereto: components, a member or former member of a re- serve component who is eligible for retired pay but Pages S7638–77, S7684–94 Adopted: for age, widows and widowers of retired members, Ayotte Amendment No. 1065, relating to the and dependents. Page S7686 force structure for strategic airlift aircraft. Begich Amendment No. 1149, to authorize a land Pages S7651–52 conveyance and exchange at Joint Base Elmendorf Cardin Amendment No. 1188, to expand the Op- Richardson, Alaska. Pages S7686–87 eration Hero Miles program to include the authority Shaheen Amendment No. 1120, to exclude cases to accept the donation of travel benefits in the form in which pregnancy is the result of an act of rape of hotel points or awards for free or reduced-cost ac- or incest from the prohibition on funding of abor- commodations. Page S7686 tions by the Department of Defense. Page S7687 Pending: Collins Amendment No. 1105, to make perma- Levin/McCain Amendment No. 1092, to bolster nent the requirement for certifications relating to the the detection and avoidance of counterfeit electronic transfer of detainees at United States Naval Station, parts. Pages S7643–48, S7662 Guantanamo Bay, Cuba, to foreign countries and McConnell (for Kirk) Amendment No. 1084, to other foreign entities. Pages S7688–89 require the President to impose sanctions on foreign Collins Amendment No. 1155, to authorize edu- financial institutions that conduct transactions with cational assistance under the Armed Forces Health the Central Bank of Iran. Pages S7638–39, S7650–51 Professions Scholarship program for pursuit of ad- Leahy Amendment No. 1072, to enhance the na- vanced degrees in physical therapy and occupational tional defense through empowerment of the National therapy. Pages S7688–89 Guard, enhancement of the functions of the National Collins Amendment No. 1158, to clarify the per- Guard Bureau, and improvement of Federal-State manence of the prohibition on transfers of recidivist

VerDate Mar 15 2010 10:20 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO1.REC D17NOPT1 smartinez on DSK6TPTVN1PROD with DIGEST D1242 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2011 detainees at United States Naval Station, Guanta- included in offers relating to contracts let by Federal namo Bay, Cuba, to foreign countries and entities. agencies. Pages S7693–94 Pages S7688–89 Casey Amendment No. 1140, to require a report Collins/Shaheen Amendment No. 1180, relating by the Comptroller General on Department of De- to man-portable air-defense systems originating from fense military spouse employment programs. Libya. Pages S7688–89 Pages S7693–94 Inhofe Amendment No. 1094, to include the De- A unanimous-consent agreement was reached pro- partment of Commerce in contract authority using viding for further consideration of the bill at ap- competitive procedures but excluding particular proximately 9 a.m., on Friday, November 18, 2011. sources for establishing certain research and develop- Page S7783 ment capabilities. Pages S7689–91 Inhofe Amendment No. 1095, to express the sense Conference Reports: of the Senate on the importance of addressing defi- Departments of Agriculture, Commerce, Justice, ciencies in mental health counseling. Pages S7689–91 Transportation, and Housing and Urban Develop- Inhofe Amendment No. 1096, to express the sense ment, and Related Programs Appropriations Act of the Senate on treatment options for members of and Further Continuing Appropriations: By 70 the Armed Forces and veterans for Traumatic Brain yeas to 30 nays (Vote No. 208), Senate agreed to the Injury and Post Traumatic Stress Disorder. conference report to accompany H.R. 2112, making Pages S7689–91 consolidated appropriations for the Departments of Inhofe Amendment No. 1097, to eliminate gaps Agriculture, Commerce, Justice, Transportation, and and redundancies between the over 200 programs Housing and Urban Development, and related pro- within the Department of Defense that address psy- grams for the fiscal year ending September 30, 2012, chological health and traumatic brain injury. pursuant to the unanimous-consent agreement, 60 Pages S7689–91 Senators having voted in the affirmative. Inhofe Amendment No. 1098, to require a report on the impact of foreign boycotts on the defense in- Pages S7678–84 dustrial base. Pages S7689–91 Signing Authority—Agreement: A unanimous- Inhofe Amendment No. 1099, to express the sense consent agreement was reached providing that on of Congress that the Secretary of Defense should im- Thursday, November 17, 2011, Senator Bennet be plement the recommendations of the Comptroller authorized to sign duly enrolled bills or joint resolu- General of the United States regarding prevention, tions. Page S7694 abatement, and data collection to address hearing in- Message from the President: Senate received the juries and hearing loss among members of the following message from the President of the United Armed Forces. Pages S7689–91 States: Inhofe Amendment No. 1100, to extend to prod- Transmitting, pursuant to law, a report relative to ucts and services from Latvia existing temporary au- extending the period of production of the Naval Pe- thority to procure certain products and services from countries along a major route of supply to Afghani- troleum Reserves for a period of three years from April 5, 2012; which was referred to the Committee stan. Pages S7689–91 Inhofe Amendment No. 1101, to strike section on Armed Services. (PM–34) Page S7699 156, relating to a transfer of Air Force C–12 aircraft Nominations Received: Senate received the fol- to the Army. Pages S7689–91 lowing nominations: Inhofe Amendment No. 1102, to require a report Gershwin A. Drain, of Michigan, to be United on the feasibility of using unmanned aerial systems States District Judge for the Eastern District of to perform airborne inspection of navigational aids in Michigan. foreign airspace. Pages S7689–91 Roy Wallace McLeese III, of the District of Co- Inhofe Amendment No. 1093, to require the de- lumbia, to be an Associate Judge of the District of tention at United States Naval Station, Guantanamo Columbia Court of Appeals for the term of fifteen Bay, Cuba, of high-value enemy combatants who years. Page S7784 will be detained long-term. Pages S7689–91 Casey Amendment No. 1215, to require a certifi- Messages from the House: Page S7699 cation on efforts by the Government of Pakistan to Measures Referred: Page S7699 implement a strategy to counter improvised explo- Enrolled Bills Presented: Page S7699 sive devices. Pages S7693–94 Casey Amendment No. 1139, to require contrac- Executive Communications: Pages S7699–S7701 tors to notify small business concerns that have been Additional Cosponsors: Pages S7702–04

VerDate Mar 15 2010 10:20 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO1.REC D17NOPT1 smartinez on DSK6TPTVN1PROD with DIGEST November 17, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1243 Statements on Introduced Bills/Resolutions: trator, Robert D. Cabana, Director, Kennedy Space Pages S7704–12 Center, Michael L. Coats, Director, Johnson Space Additional Statements: Pages S7698–99 Center, and Robert M. Lightfoot, Director, Marshall Space Flight Center, all of the National Aeronautics Amendments Submitted: Pages S7712–76 and Space Administration. Notices of Intent: Page S7776 TOURISM IN AMERICA Authorities for Committees to Meet: Page S7776 Committee on Commerce, Science, and Transportation: Sub- Privileges of the Floor: Page S7776 committee on Competitiveness, Innovation, and Ex- Record Votes: One record vote was taken today. port Promotion concluded a hearing to examine (Total—208) Page S7684 tourism in America, focusing on moving our econ- Adjournment: Senate convened at 10 a.m. and ad- omy forward, after receiving testimony from Ken journed at 8:30 p.m., until 9 a.m. on Friday, No- Hyatt, Deputy Assistant Secretary of Commerce for vember 18, 2011. (For Senate’s program, see the re- Services; David T. Donahue, Deputy Assistant Sec- marks of the Acting Majority Leader in today’s retary of State for Visa Services; James P. Evans, Record on page S7783.) Brand USA, Washington, D.C.; John F. Edman, Ex- plore Minnesota Tourism, St. Paul; Jonathan Zuk, Receptive Services Association of America (RSAA), Committee Meetings Lexington, Kentucky; and Jonathan Tisch, Lowes Hotels, New York, New York. (Committees not listed did not meet) NOMINATIONS OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT Committee on Armed Services: Committee concluded a hearing to examine the nominations of Michael A. Committee on Energy and Natural Resources: Committee Sheehan, of New Jersey, to be Assistant Secretary for concluded a hearing to examine the Secretary of the Special Operations and Low Intensity Conflict, Mark Interior’s Order No. 3315 to consolidate and estab- William Lippert, of Ohio, to be Assistant Secretary lish the Office of Surface Mining Reclamation and for Asian and Pacific Security Affairs, who was intro- Enforcement within the Bureau of Land Manage- duced by Senator Leahy, and Brad Carson, of Okla- ment, after receiving testimony from David J. Hayes, homa, to be General Counsel of the Department of Deputy Secretary of the Interior; Bradley C. Lam- the Army, who was introduced by Senator Inhofe, all bert, Virginia Department of Mines, Minerals and of the Department of Defense, and Kevin A. Ohlson, Energy Deputy Director, Big Stone Gap, on behalf of Virginia, to be a Judge of the United States Court of the Interstate Mining Compact Commission; John of Appeals for the Armed Forces, after the nominees Corra, Wyoming Department of Environmental testified and answered questions in their own behalf. Quality Director, Cheyenne; Patrick C. McGinley, West Virginia University College of Law, Morgan- NOMINATIONS town; Katie Sweeney, National Mining Association, Committee on Banking, Housing, and Urban Affairs: Washington, D.C.; and DarAnne Dunning, Western Committee concluded a hearing to examine the Organization of Resource Councils, Helena, Mon- nominations of Maurice A. Jones, of Virginia, to be tana. a Deputy Secretary, who was introduced by Senator SAFE CHEMICALS ACT Warner, and Carol J. Galante, of Virginia, to be an Assistant Secretary, both of the Department of Hous- Committee on Environment and Public Works: Com- ing and Urban Development, and Thomas Hoenig, mittee concluded a joint hearing with the Sub- to be a Member and Vice Chairperson of the Board committee on Superfund, Toxics and Environmental of Directors of the Federal Deposit Insurance Cor- Health to examine S. 847, to amend the Toxic Sub- poration, who was introduced by Senators McCaskill stances Control Act to ensure that risks from chemi- and Blunt, after the nominees testified and answered cals are adequately understood and managed, after questions in their own behalf. receiving testimony from Ted Sturdevant, Wash- ington State Department of Ecology Director, Lacey; NASA HUMAN SPACE EXPLORATION and Charlotte Brody, BlueGreen Alliance, Cal Committee on Commerce, Science, and Transportation: Sub- Dooley, American Chemistry Council, Robert A. committee on Science and Space concluded a hearing Matthews, McKenna, Long and Aldridge, on behalf to examine NASA’s human space exploration, focus- of The Consumer Specialty Products Association ing on direction, strategy and progress, after receiv- (CSPA), and Richard A. Denison, Environmental ing testimony from Charles F. Bolden, Jr., Adminis- Defense Fund (EDF), all of Washington, D.C.

VerDate Mar 15 2010 10:20 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO1.REC D17NOPT1 smartinez on DSK6TPTVN1PROD with DIGEST D1244 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2011 NOMINATIONS Washington; Penny Coleman, Coleman Indian Law, Committee on Finance: Committee concluded a hearing Arlington, Virginia; and Grant Eve, Joseph Eve, to examine the nominations of Mary John Miller, of Great Falls, Montana. Maryland, to be an Under Secretary, and Alastair M. BUSINESS MEETING Fitzpayne, of Maryland, to be a Deputy Under Sec- retary, both of the Department of the Treasury, who Committee on the Judiciary: Committee ordered favor- were both introduced by Senator Cardin, Kathleen ably reported the following business items: Kerrigan, of Massachusetts, to be a Judge of the S. 1793, to amend title 28, United States Code, United States Tax Court, who was introduced by to clarify the statutory authority for the long- Senator Kerry, and Henry J. Aaron, of the District standing practice of the Department of Justice of of Columbia, to be a Member of the Social Security providing investigatory assistance on request of State Advisory Board, after the nominees testified and an- and local authorities with respect to certain serious swered questions in their own behalf. violent crimes; H.R. 2076, to amend title 28, United States AMERICANS WITH DISABILITIES ACT Code, to clarify the statutory authority for the long- Committee on Health, Education, Labor, and Pensions: standing practice of the Department of Justice of Committee concluded a hearing to examine the providing investigatory assistance on request of State Americans with Disabilities Act and accessible trans- and local authorities with respect to certain serious portation, focusing on challenges and opportunities, violent crimes, with an amendment in the nature of after receiving testimony from David M. Capozzi, a substitute; U.S. Access Board, and Jill Houghton, US Business S. 1794, to correct and simplify the drafting of Leadership Network, both of Washington, D.C.; section 1752 (relating to restricted buildings or Marca Bristo, Access Living, Chicago, Illinois; and grounds) of title 18, United States Code, with Billy Altom, Association of Programs for Rural Inde- amendments; pendent Living, North Little Rock, Arkansas. H.R. 347, to correct and simplify the drafting of section 1752 (relating to restricted buildings or INTERNET GAMING grounds) of title 18, United States Code, with an Committee on Indian Affairs: Committee concluded an amendment in the nature of a substitute; and oversight hearing to examine the future of internet H.R. 2189, to encourage States to report to the gaming, focusing on what’s at stake for tribes, after Attorney General certain information regarding the receiving testimony from Lawrence S. Roberts, Na- deaths of individuals in the custody of law enforce- tional Indian Gaming Commission, Ernest Stevens, ment agencies. Jr., and Mark Van Norman, both of the National In- dian Gaming Association, and former Senator INTELLIGENCE Alfonse D’Amato, and John Pappas, both of the Select Committee on Intelligence: Committee held closed Poker Players Alliance, all of Washington, D.C.; hearings on intelligence matters, receiving testimony Bruce Bozsum, Mohegan Tribe, Uncasville, Con- from officials of the intelligence community. necticut; Glen Gobin, Tulalip Tribes, Tulalip, Committee recessed subject to the call. h House of Representatives Act with respect to representation hearings and the Chamber Action timing of elections of labor organizations under that Public Bills and Resolutions Introduced: 22 pub- Act (H. Rept. 112–291). Page H7828 lic bills, H.R. 3451–3472; and 2 resolutions, H.J. Speaker: Read a letter from the Speaker wherein he Res. 89 and H. Res. 471, were introduced. appointed Representative Poe to act as Speaker pro Pages H7828–29 tempore for today. Page H7717 Additional Cosponsors: Pages H7830–31 Recess: The House recessed at 11:30 a.m. and re- Report Filed: A report was filed today as follows: convened at 12 noon. Page H7729 H. Res. 470, providing for consideration of the bill (H.R. 3094) to amend the National Labor Relations

VerDate Mar 15 2010 10:20 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO1.REC D17NOPT1 smartinez on DSK6TPTVN1PROD with DIGEST November 17, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1245 Chaplain: The prayer was offered by the guest chap- ing on Industry Perspectives on Achieving Audit lain, Reverend Martin R. Springer, Trinity Lutheran Readiness. Testimony was heard from public wit- Ministries, Edwardsville, Illinois. Page H7729 nesses. Providing for consideration of motions to sus- SOLYNDRA FAILURE pend the rules: The House agreed to H. Res. 466, Committee on Energy and Commerce: Subcommittee on providing for consideration of motions to suspend Oversight and Investigations held a hearing entitled the rules, by a yea-and-nay vote of 248 yeas to 169 ‘‘The Solyndra Failure: Views from DOE Secretary nays, Roll No. 855, after the previous question was Chu.’’ Testimony was heard from Steven Chu, Sec- ordered by a yea-and-nay vote of 243 yeas to 173 retary, Department of Energy. nays, Roll No. 854. Pages H7737–45 Consolidated and Further Continuing Appropria- MISCELLANEOUS MEASURES tions Act, 2012—Conference Report: The House Committee on Financial Services: Subcommittee on Fi- agreed to the conference report to accompany H.R. nancial Institutions and Consumer Credit held a 2112, making appropriations for Agriculture, Rural markup of the following: H.R. 1588, the ‘‘Consumer Development, Food and Drug Administration, and Rental Purchase Agreement Act’’; and H.R. 1723, Related Agencies programs for the fiscal year ending the ‘‘Common Sense Economic Recovery Act of September 30, 2012, by a yea-and-nay vote of 298 2011.’’ H.R. 1588 was forwarded, as amended. H.R. yeas to 121 nays, Roll No. 857. Pages H7746–82 1588 did not pass. H. Res. 467, the rule providing for consideration MISCELLANEOUS MEASURES of the conference report, was agreed to by a yea-and- nay vote of 262 yeas to 156 nays, Roll No. 856, Committee on Foreign Affairs: Full Committee held a after the previous question was ordered without ob- markup of the following: H.R. 2918, the ‘‘Taiwan jection. Pages H7733–37, H7745–46 Policy Act of 2011;’’ and H.R. 2992, the ‘‘Taiwan Airpower Modernization Act of 2011.’’ H.R. 2918 Suspension—Proceedings Postponed: The House and H.R. 2992 were ordered reported, as amended. began consideration of the following resolution under suspension of the rules. Further proceedings 2011 INTERNATIONAL RELIGIOUS were postponed: FREEDOM REPORT Proposing a balanced budget amendment to the Committee on Foreign Affairs: Subcommittee on Africa, Constitution of the United States: H.J. Res. 2, Global Health, and Human Rights held a hearing amended, to propose a balanced budget amendment entitled ‘‘The 2011 International Religious Freedom to the Constitution of the United States. Report.’’ Testimony was heard from Leonard Leo, Pages H7782–H7805 Chairman, U.S. Commission on International Reli- Presidential Message: Read a message from the gious Freedom; and public witnesses. President wherein he transmitted his decision to ex- NARCOTERRORISM tend production of the Naval Petroleum Reserves for Committee on Foreign Affairs: Subcommittee on Ter- a period of 3 years from April 5, 2012—referred to rorism, Nonproliferation, and Trade held a hearing the Committee on Armed Services and ordered entitled ‘‘Narcoterrorism and the Long Reach of U.S. printed (H. Doc. 112–73). Page H7805 Law Enforcement, Part II.’’ Testimony was heard Senate Message: Message received from the Senate from Derek S. Maltz, Special Agent in Charge, Spe- today appears on page H7805. cial Operations Division, Drug Enforcement Admin- Quorum Calls—Votes: Four yea-and-nay votes de- istration, Department of Justice. veloped during the proceedings of today and appear S&T ON A BUDGET on pages H7744, H7744–45, H7745–46, and H7781. There were no quorum calls. Committee on Homeland Security: Subcommittee on Cy- bersecurity, Infrastructure Protection, and Security Adjournment: The House met at 10 a.m. and ad- Technologies held a hearing entitled ‘‘S&T on a journed at 9:44 p.m. Budget: Finding Smarter Approaches to Spur Inno- vation, Impose Discipline, Drive Job Creation and Committee Meetings Strengthen Homeland Security.’’ Testimony was heard from Tara O’Toole, Under Secretary, Science DEFENSE FINANCIAL MANAGEMENT AND and Technology Directorate, Department of Home- AUDIBILITY REFORM land Security; and David C. Maurer, Director, Committee on Armed Services: Panel on Defense Finan- Homeland Security and Justice Issues, Government cial Management and Audibility Reform held a hear- Accountability Office.

VerDate Mar 15 2010 10:20 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO1.REC D17NOPT1 smartinez on DSK6TPTVN1PROD with DIGEST D1246 CONGRESSIONAL RECORD — DAILY DIGEST November 17, 2011 EMERGENCY COMMUNICATIONS OFFICES dian Tribal Trade and Investment Demonstration WITHIN THE DEPARTMENT OF Project Act of 2011’’; H.R. 2606, the ‘‘New York HOMELAND SECURITY City Natural Gas Supply Enhancement Act’’; H.R. Committee on Homeland Security: Subcommittee on 2719, the ‘‘Rattlesnake Mountain Public Access Act Emergency Preparedness, Response, and Communica- of 2011’’; H.R. 2834, the ‘‘Recreational Fishing and tions held a hearing entitled ‘‘Ensuring Coordination Hunting Heritage and Opportunities Act’’; H.R. and Cooperation: A Review of the Emergency Com- 2938, the ‘‘Gila Bend Indian Reservation Lands Re- munications Offices Within the Department of placement Clarification Act’’; H.R. 3117, the ‘‘Per- Homeland Security.’’ Testimony was heard from manent Electronic Duck Stamp Act of 2011’’; H.R. Chris Essid, Director, Office of Emergency Commu- 3397, the ‘‘Cabin Fee Act of 2011’’; H.R. 3404, to nications, Department of Homeland Security; John establish in the Department of the Interior an Under O’Connor, Manager, National Coordinating Center Secretary for Energy, Lands, and Minerals and a Bu- for Communications, National Protection and Pro- reau of Ocean Energy, an Ocean Energy Safety Serv- grams Directorate, Department of Homeland Secu- ice, and an Office of Natural Resources Revenue, and rity; Damon Penn, Assistant Administrator, National for other purposes; and S. 535, the ‘‘Fort Pulaski Continuity Programs, Federal Emergency Manage- National Monument Lease Authorization Act.’’ The ment Agency; Eric Edwards, Director, Disaster following were ordered reported without amend- Emergency Communications Division, Response Di- ment: H.R. 200; H.R. 2027; H.R. 2236; H.R. rectorate, Federal Emergency Management Agency; 2362; H.R. 2719; H.R. 3392; and S. 535. The fol- and Linda K. Moore, Specialist in Telecommuni- lowing were ordered reported, as amended: H.R. cations and Spectrum Policy, Congressional Research 205; H.R. 1545; H.R. 2070; H.R. 2087; H.R. Service. 2154; H.R. 2336; H.R. 2606; H.R. 2834; H.R. 2938; H.R. 3117; and H.R. 3404. MISCELLANEOUS MEASURES Committee on the Judiciary: Full Committee held a MISCELLANEOUS MEASURES markup of the following: H.R. 1996, the ‘‘Govern- Committee on Oversight and Government Reform: Full ment Litigation Savings Act’’; H.R. 1864, the ‘‘Mo- Committee held a markup of the following: H.R. bile Workforce State Income Tax Simplification Act 373, the ‘‘Unfunded Mandates Information and of 2011’’; and H.R. 2815, to revise the Federal char- Transparency Act of 2011’’; H.R. 3071, the ‘‘Presi- ter for the Blue Star Mothers of America, Inc., to re- dential Records Act Amendments of 2011’’; H.R. flect a change in eligibility requirements for mem- 665, the ‘‘Excess Federal Building and Property Dis- bership. H.R. 2815 was ordered reported without posal Act of 2011’’; and H.R. 3433, the ‘‘Grant Re- amendment. The following were ordered reported, as form and New Transparency (GRANT) Act of amended: H.R. 1966; and H.R. 1864. 2011.’’ The following were ordered reported, as amended: H.R. 665; H.R. 3071; H.R. 3433; and MISCELLANEOUS MEASURES H.R. 373. Committee on Natural Resources: Full Committee held a markup of the following: H.R. 200, the ‘‘Inland WORKFORCE DEMOCRACY AND FAIRNESS Empire Perchlorate Ground Water Plume Assess- ACT ment Act of 2011’’; H.R. 205, the ‘‘HEARTH Act Committee on Rules: Full Committee held a hearing on of 2011’’; H.R. 1545, the ‘‘Waco Mammoth Na- H.R. 3094, the ‘‘Workforce Democracy and Fairness tional Monument Establishment Act of 2011’’; H.R. Act.’’ The Committee granted, by voice vote, a 2027, to revise the boundaries of John H. Chafee structured rule providing one hour of general debate Coastal Barrier Resources System Sachuest Point equally divided and controlled by the chair and Unit RI–04P, Easton Beach Unit RI–05P, Almy ranking minority member of the Committee on Edu- Pond Unit RI–06, and Hazards Beach Unit RI–07 cation and the Workforce. The rule waives all points in Rhode Island; H.R. 2070, the ‘‘World War II of order against consideration of the bill. The rule Memorial Prayer Act of 2011’’; H.R. 2087, to re- provides that the amendment in the nature of a sub- move restrictions from a parcel of land situated in stitute recommended by the Committee on Edu- the Atlantic District, Accomack County, Virginia; cation and the Workforce now printed in the bill H.R. 2154, to correct the boundaries of the John H. shall be considered as original text for the purpose Chafee Coastal Barrier Resources System Gasparilla of amendment and shall be considered as read. The Island Unit FL–70P; H.R. 2236, the ‘‘Wildlife Ref- rule waives all points of order against the committee uge System Conservation Semipostal Stamp Act of amendment in the nature of a substitute. The rule 2011’’; H.R. 2336, the ‘‘York River Wild and Sce- makes in order only those amendments printed in nic River Study Act of 2011’’; H.R. 2362, the ‘‘In- the Rules Committee report. Each such amendment

VerDate Mar 15 2010 10:20 Nov 18, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D17NO1.REC D17NOPT1 smartinez on DSK6TPTVN1PROD with DIGEST November 17, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1247 may be offered only in the order printed in the re- Washington, D.C.; and Dan R. Mastromarco, Argus port, may be offered only by a Member designated Group, Arlington, Virginia. in the report, shall be considered as read, shall be f debatable for the time specified in the report equally divided and controlled by the proponent and an op- NEW PUBLIC LAWS ponent, shall not be subject to amendment, and shall not be subject to a demand for division of the ques- (For last listing of Public Laws, see DAILY DIGEST, p. D1201) tion. The rule waives all points of order against the H.R. 368, to amend title 28, United States Code, amendments printed in the report. Finally, the rule to clarify and improve certain provisions relating to provides one motion to recommit with or without the removal of litigation against Federal officers or instructions. agencies to Federal courts. Signed on November 9, Testimony was heard from Chairman Kline; Rep. 2011. (Public Law 112–51) George Miller of California; Rep. Andrews; and Rep. H.R. 818, to direct the Secretary of the Interior Bishop of New York. to allow for prepayment of repayment contracts be- FOSTERING QUALITY SCIENCE AT EPA tween the United States and the Uintah Water Con- servancy District. Signed on November 9, 2011. Committee on Science, Space, and Technology: Sub- (Public Law 112–52) committee on Energy and Environment held a hear- S. 894, to amend title 38, United States Code, to ing entitled ‘‘Fostering Quality Science at EPA: The provide for an increase, effective December 1, 2011, Need for Common Sense Reform.’’ Testimony was in the rates of compensation for veterans with serv- heard from Paul Anastas, Assistant Administrator, Office of Research and Development, Environmental ice-connected disabilities and the rates of dependency Protection Agency; David Trimble, Director, Nat- and indemnity compensation for the survivors of cer- ural Resources and Environment, Government Ac- tain disabled veterans. Signed on November 9, 2011. countability Office; and Arthur Elkins, Jr., Inspector (Public Law 112–53) General, Environmental Protection Agency. S. 1487, to authorize the Secretary of Homeland Security, in coordination with the Secretary of State, REGULATIONS ON FAMILY FARMERS to establish a program to issue Asia-Pacific Eco- Committee on Small Business: Subcommittee on Agri- nomic Cooperation Business Travel Cards. Signed on culture, Energy and Trade held a hearing entitled November 12, 2011. (Public Law 112–54) ‘‘Adrift in New Regulatory Burdens and Uncer- f tainty: A Review of Proposed and Potential Regula- tions on Family Farmers.’’ Testimony was heard from COMMITTEE MEETINGS FOR FRIDAY, public witnesses. NOVEMBER 18, 2011 INTERNATIONAL TAX REFORM (Committee meetings are open unless otherwise indicated) Committee on Ways and Means: Subcommittee on Se- lect Revenue Measures held a hearing on the inter- Senate national tax reform discussion draft released on Oc- No meetings/hearings scheduled. tober 26, 2011 by the Committee on Ways and Means. Testimony was heard from public witnesses. House ONGOING INTELLIGENCE ACTIVITIES Committee on Armed Services, Panel on Business Chal- House Permanent Select Committee on Intelligence: Full lenges within the Defense Industry, hearing on Creating Committee held a hearing on ongoing intelligence a 21st Century Defense Industry, 9 a.m., 2118 Rayburn. Committee on Energy and Commerce, Subcommittee on activities. This was a closed hearing. Commerce, hearing entitled ‘‘Internet Gaming: Regu- lating in an Online World.’’ 9 a.m., 2123 Rayburn. Joint Meetings Committee on Natural Resources, Full Committee, con- TAX REFORM tinue hearing entitled ‘‘ANWR: Jobs, Energy and Deficit Reduction.’’ 2 p.m., 1324 Longworth. Joint Economic Committee: Committee concluded a Subcommittee on Energy and Mineral Resources, hear- hearing to examine if tax reform can boost business ing on the following: the ‘‘American-Made Energy and investment and job creation, after receiving testi- Infrastructure Jobs Act’’; the ‘‘Alaskan Energy for Amer- mony from Stephen J. Entin, Institute for Research ican Jobs Act’’; ‘‘Protecting Investment in Oil Shale the on the Economics of Taxation, Chad Stone, Center Next Generation of Environmental, Energy, and Resource on Budget and Policy Priorities, and Seth Hanlon, Security Act;’’ and the ‘‘Coal Miner Employment and Do- Center for American Progress Action Fund, all of mestic Energy Infrastructure Protection Act.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Friday, November 18 9 a.m., Friday, November 18

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: Complete consideration of H.J. of S. 1867, Department of Defense Authorization Act. Res. 2—Proposing a balanced budget amendment to the Constitution of the United States.

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E2076 Moore, Gwen, Wisc., E2086 Gutierrez, Luis V., Ill., E2091 Norton, Eleanor Holmes, D.C., E2085 Hochul, Kathleen C., N.Y., E2090 Hayworth, Nan A.S., N.Y., E2089 Nunes, Devin, Calif., E2080 Altmire, Jason, Pa., E2072 Heinrich, Martin, N.M., E2079 Peterson, Collin C., Minn., E2078 Baldwin, Tammy, Wisc., E2075 Hoyer, Steny H., Md., E2073 Poe, Ted, Tex., E2078 Bucshon, Larry, Ind., E2071 Hurt, Robert, Va., E2077 Posey, Bill, Fla., E2084 Capps, Lois, Calif., E2084 Jackson, Jesse L., Jr., Ill., E2072 Price, David E., N.C., E2078 Carter, John R., Tex., E2071 Kucinich, Dennis J., Ohio, E2085, E2085, E2086, E2089 Richardson, Laura, Calif., E2082, E2089 Coffman, Mike, Colo., E2079 Latham, Tom, Iowa, E2073 Cohen, Steve, Tenn., E2084, E2084 Lipinski, Daniel, Ill., E2072 Ross, Mike, Ark., E2083 Connolly, Gerald E., Va., E2073 McCollum, Betty, Minn., E2079, E2079 Sessions, Pete, Tex., E2084 Costello, Jerry F., Ill., E2072 McDermott, Jim, Wash., E2090 Towns, Edolphus, N.Y., E2073, E2074, E2075, E2076, DeGette, Diana, Colo., E2090 McKinley, David B., W.Va., E2082 E2078, E2079, E2079, E2081, E2083, E2083 Dingell, John D., Mich., E2083 Maloney, Carolyn B., N.Y., E2077 Walz, Timothy J., Minn., E2076 Farr, Sam, Calif., E2071 Meehan, Patrick, Pa., E2078 Westmoreland, Lynn A., Ga., E2080 Fitzpatrick, Michael G., Pa., E2077 Miller, Candice S., Mich., E2076 Wolf, Frank R., Va., E2080, E2087 Frank, Barney, Mass., E2074 Miller, Jeff, Fla., E2081, E2086 Young, C.W. Bill, Fla., E2089

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