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, MAY 26, 2011 No. 74 House of Representatives The House met at 10 a.m. and was I pledge allegiance to the Flag of the JUST THE FACTS: REPUBLICANS called to order by the Speaker. United States of America, and to the Repub- WANT TO END MEDICARE AS WE lic for which it stands, one nation under God, KNOW IT f indivisible, with liberty and justice for all. PRAYER (Ms. SPEIER asked and was given f permission to address the House for 1 The Chaplain, Father Patrick J. minute and to revise and extend her re- Conroy, offered the following prayer: ANNOUNCEMENT BY THE SPEAKER marks.) Almighty God of the universe, we The SPEAKER. The Chair will enter- Ms. SPEIER. Mr. Speaker, you know, give You thanks for giving us another we have all heard the jokes about how day. We thank You that You give us a tain up to five requests for 1-minute speeches on each side of the aisle. many people does it take to screw in a share in Your creative work, having lightbulb? Well, I have a variation on endowed each with unique and impor- f that this morning. tant talents. How many seniors have to lose their On this day we ask Your blessing on HONORING LOCAL HERO ABBY Medicare in order to provide a $104,000 the men and women of the people’s BERANEK FOR FIRE SAFETY tax cut per year for every millionaire? House, who have been entrusted with PREPAREDNESS The answer is 17. the care of this great Nation’s people Seventeen seniors will see a reduc- and, because of the great blessings You (Mrs. BIGGERT asked and was given tion in their Medicare or an additional have bestowed on our Nation, the op- permission to address the House for 1 cost of $6,000 a year in order to pay for portunity to build a better world be- minute.) the millionaire tax cut of $104,000. yond our borders as well. Mrs. BIGGERT. Mr. Speaker, I rise Mr. Speaker, even The Wall Street Please teach each Member to be gen- today to congratulate a local hero from Journal, the conservative Wall Street erous with the gifts You have given my home district. At just 7 years old, Journal, has said the House Republican and the opportunities with which they Abby Beranek of Lemont, Illinois, plan will likely result in higher out-of- have been presented. May they give demonstrated quick thinking and cour- pocket costs and greater limits to cov- and not count the cost; fight for the age when a fire broke out in her home, erage for all Americans. greater good and not count the wounds; utilizing the fire safety skills she House Budget Committee Chairman toil in their efforts and not seek to learned as a Girl Scout to keep her PAUL RYAN’s solution is to end the cur- rest; labor and not ask for reward, family safe. rent Medicare program for people. When she realized her home was on other than to know that they are doing f Your will. fire, first-grader Abby Beranek re- May all that they do this day be for mained calm and immediately put in CONGRATULATING MAJOR GEN- Your greater honor and glory. Amen. action the lessons she learned when her ERAL VINCENT BROOKS ON PRO- MOTION TO THREE-STAR GEN- f troop visited the Lemont fire station. Because of Abby’s courage and quick ERAL THE JOURNAL thinking, she was able to help her mom (Ms. JENKINS asked and was given The SPEAKER. The Chair has exam- and keep her 18-month-old brothers and permission to address the House for 1 ined the Journal of the last day’s pro- 3-month-old sister safe. minute and to revise and extend her re- ceedings and announces to the House I also want to commend the Lemont marks.) his approval thereof. Fire Protection District, especially Ms. JENKINS. Mr. Speaker, I have Pursuant to clause 1, rule I, the Jour- Jeff Hawthorne and Chief Carl Churulo, the honor and privilege of representing nal stands approved. for offering lifesaving educational safe- Fort Riley, home of the 1st Infantry f ty courses for our children. Their hard Division, or the Big Red One, which has work and willingness to reach out to been under the command of Major Gen- PLEDGE OF ALLEGIANCE the community has clearly made a dif- eral Vincent Brooks since April of 2009, The SPEAKER. Will the gentle- ference and saved lives. a term that included a yearlong de- woman from Kansas (Ms. JENKINS) Mr. Speaker, I urge my colleagues to ployment to Iraq. come forward and lead the House in the join me in recognizing a local hero, General Brooks is being promoted to Pledge of Allegiance. Abby Beranek of Lemont, Illinois, who a three-star general and will be moving Ms. JENKINS led the Pledge of Alle- has made her community and her fam- on from Fort Riley. In his short time giance as follows: ily very proud. in Kansas, he has been a tremendous

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.

H3685

.

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.000 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3686 CONGRESSIONAL RECORD — HOUSE May 26, 2011 asset to Fort Riley, a devoted member Yorktown Heights, New York, from our was so funny that I would like to share of our community, and a wonderful ad- own District 19, who made the ultimate some of those excerpts with you today. viser to me personally, and we are sad sacrifice this year. You know you’re Bill Jackson if you to see him go. Thanks to all of our veterans and all go to cover a water meeting and you While I could not be in the district to of our families who do so much to as- know what the heck they’re talking attend the change of command cere- sure that we enjoy the freedoms that about. mony, I wanted to take a moment and we cherish every day. You know you’re Bill Jackson if, thank General Brooks for his dedica- f when someone mentions Charlie or tion and service to our country, con- Dick Monfort, instead of talking Rock- gratulate him on his promotion, and TRUE COSTS OF REPUBLICANS’ ies baseball, you tell them how you let him know that he will be truly MEDICARE PLAN changed their diapers when they were missed at Fort Riley, Kansas. (Mr. SIRES asked and was given per- little. f mission to address the House for 1 You know you’re Bill Jackson if you minute.) know every single farmer, rancher, REMEMBER THOSE WHO LAID Mr. SIRES. Mr. Speaker, my col- milker, ditch rider, beet picker, cow- DOWN THEIR LIVES IN SERVICE leagues across the aisle have recently boy, cowgirl, and rainmaker in Weld TO OUR COUNTRY claimed that current seniors won’t be County. (Mr. WALZ of Minnesota asked and impacted by their plan to end Medicare You know you’re Bill Jackson if the was given permission to address the as we know it. This simply is not true. term ‘‘NISP’’ not only makes sense, House for 1 minute and to revise and From day one their plan would force but it also makes your heart race. extend his remarks.) seniors to pay more for prescription You know you’re Bill Jackson if you Mr. WALZ of Minnesota. Mr. Speak- drugs and health services because the know the path of a snowflake from the er, this Monday, Memorial Day, will doughnut hole will be reopened and point it falls from the sky onto the give citizens from around the country free wellness visits under Medicare mountain, it goes into a river and then the opportunity to come together and would be eliminated. As a consequence a reservoir and down a river until it remember those who have laid down of the reopening of the doughnut hole reaches your water cup. their lives in defense of our freedom. in my State of New Jersey alone, an es- We’re going to miss Bill Jackson. I The debt we owe our Nation’s service- timated 142,800 seniors will pay $80 mil- thank him for his service to Colorado members and veterans is immeas- lion more for prescription drugs in 2012. and to Colorado agriculture. urable. Therefore, it’s fitting to honor Additionally, the majority’s plan to re- f those heroes by renewing our commit- scind the ban on copays for wellness INDIANAPOLIS MOTOR SPEEDWAY ment in this House to caring for those visits for seniors would force at least servicemembers both while they are in 30,000 New Jersey seniors to pay over 3 (Mr. CARSON of Indiana asked and the military and after they return million more for annual wellness visits was given permission to address the home. next year. House for 1 minute.) As a 24-year veteran of our armed Once the plan takes effect in 2022, Mr. CARSON of Indiana. Mr. Speak- services, I am proud of the work we out-of-pocket expenses for seniors will er, throughout its illustrious history, have done in Congress to support our soar. A typical 65-year-old in New Jer- the Indianapolis Motor Speedway has veteran servicemembers: Passed land- sey would pay $7,060 more in 2022 for served as the proving ground for many mark budgets worthy of our veterans; health care costs, more than double the innovations that have become main- made sure the VA health care budget cost under current law. stays in automotive production and at was delivered a year in advance; ex- Mr. Speaker, the majority’s plan for raceways around the world. But it is panded VA health care access for re- Medicare does not preserve the pro- the 500-mile race that is conducted at turning combat veterans; increased gram as we know it. Rather, it takes the end of May that makes the Indian- support for veteran caregivers; passed a money from seniors’ pockets and places apolis Motor Speedway so special. 21st century GI bill and continue to im- them at the mercy of rising insurance Every Memorial Day weekend, 300,000 prove upon it; and enhanced employ- costs. fans from across the world gather at ment opportunities. the historic track for ‘‘The Greatest Although we have come a long way, f Spectacle in Racing,’’ the Indianapolis our work is never done. We must make b 1010 500. sure that our returning troops do not This year, I, along with motor sports BILL JACKSON RETIREMENT fall through the cracks and that they fans from around the world, am excited SPEECH make the transition to civilian life to be celebrating the 100th anniversary with the full support of this Nation. (Mr. GARDNER asked and was given of this famous race. For 100 years now, On behalf of that grateful Nation, we permission to address the House for 1 legions of fans have traveled to the thank our current servicemembers, our minute.) town of Speedway, Indiana, to witness veterans, and their families for their Mr. GARDNER. Mr. Speaker, this the premier motor sports event in the service. week, my district is losing one of its world and to see which driver’s like- f very best agricultural reporters to re- ness will be added to one of the most tirement. Bill Jackson will be leaving coveted trophies in the world of HONORING AMERICANS WHO MADE the Greeley Tribune, and in his place sports—the Borg-Warner Trophy. THE ULTIMATE SACRIFICE will be a big hole in coverage of agri- As the largest single-day sporting (Ms. HAYWORTH asked and was cultural issues in the Fourth Congres- event in the world, the Indianapolis 500 given permission to address the House sional District of Colorado. remains a great source of pride for my for 1 minute and to revise and extend He spent his entire childhood and constituents in the Seventh Congres- her remarks.) early years in Fort Morgan but ulti- sional District and for Hoosiers all Ms. HAYWORTH. Mr. Speaker, as mately moved to my hometown of across the United States. you know, this Monday is Memorial Yuma, Colorado, where he graduated f Day, and Memorial Day reminds us high school. He served in the Navy, and that the most fundamental right of after that he went to Arizona and Ster- WAITING FOR ICE Americans, the one we cherish most, is ling before joining the Greeley Tribune (Mr. BARLETTA asked and was to be free. But that freedom is pur- in 1977, where he has spent the last given permission to address the House chased at a dear price. many years. for 1 minute.) I rise in gratitude to the millions of In 2004, Bill was inducted into the Mr. BARLETTA. Mr. Speaker, 3 Americans who have made the sac- Colorado Agricultural Hall of Fame. weeks ago Tuesday, a police chief in rifice, the ultimate sacrifice, and to Mike Peters, one of Bill’s colleagues at my district stopped a man for speeding. their family members. I remember in the Greeley Tribune, wrote a speech The driver was an illegal alien. He particular Private David R. Fahey of about Bill for his retirement, and it didn’t speak English, so a translator

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.002 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3687 was called. The man had been in the quest of the gentleman from Cali- ‘‘(2) CONSULTATION.—In carrying out this United States for 6 years. He had been fornia? subsection, the Secretary of Defense shall arrested before. He had no job. He There was no objection. consult with the Secretary of Veterans Af- didn’t know where he lived. He had fairs regarding similar programs carried out f by the Secretary of Veterans Affairs.’’. $3,000 cash in his pockets, and he had two public benefit access cards. When GENERAL LEAVE The CHAIR. Pursuant to House Reso- the police chief called Immigration and Mr. MCKEON. Mr. Speaker, I ask lution 276, the gentleman from Wash- Customs Enforcement, ICE said, ‘‘Let unanimous consent that all Members ington (Mr. INSLEE) and a Member op- him go.’’ may have 5 legislative days in which to posed each will control 5 minutes. At a time when our Nation is broke revise and extend their remarks and in- The Chair recognizes the gentleman and when programs for our elderly are clude extraneous material on H.R. 1540. from Washington. Mr. INSLEE. Mr. Chair, we’re offer- being cut, ICE must not allow people The SPEAKER pro tempore. Is there ing a simple amendment that will like this to defraud the American tax- objection to the request of the gen- make it much easier for our wounded payers. tleman from California? warriors to obtain access to adaptive Mr. Speaker, 3 weeks ago I asked ICE There was no objection. recreational equipment. We have these to explain this decision and put in f proud men and women coming back writing the policy regarding the deten- from the field of battle with obviously tion of illegal aliens found by local law NATIONAL DEFENSE AUTHORIZA- very, very severe wounds; and what we enforcement. Why was this man let go? TION ACT FOR FISCAL YEAR 2012 have found is some of the best things Three weeks later and I am still wait- The SPEAKER pro tempore. Pursu- they could do to get back with their ing. I demand an answer. My constitu- ant to House Resolution 276 and rule lives and professional development is ents deserve an answer, and millions of XVIII, the Chair declares the House in to have access to adaptive recreation, Americans deserve an answer. We’re all the Committee of the Whole House on both services and equipment. And I still waiting. the state of the Union for the further know some of these folks do incredible f consideration of the bill, H.R. 1540. things with paralysis skiing, with se- MEMORIAL DAY b 1016 vere injuries riding adaptive bicycles, people who have lost their vision, (Ms. JACKSON LEE of Texas asked IN THE COMMITTEE OF THE WHOLE wounded warriors getting back up on and was given permission to address Accordingly, the House resolved the House for 1 minute.) the slopes, and it has been a tremen- itself into the Committee of the Whole dous thing for these men and women to Ms. JACKSON LEE of Texas. Mr. House on the state of the Union for the Speaker, I rise today to remind Ameri- help restore their confidence, rebuild further consideration of the bill (H.R. their strength, and get back into the cans that on Monday we will com- 1540) to authorize appropriations for memorate those men and women that swing of things. fiscal year 2012 for military activities Research has shown this works not have fallen in battle. This morning we of the Department of Defense and for only from a psychological but also are laying a wreath in the Arlington military construction, to prescribe from a physical standpoint. But we Cemetery in reflection and remem- military personnel strengths for fiscal have a little glitch that, whereas our brance of women who have fallen on be- year 2012, and for other purposes, with veterans through the Veterans Admin- half of their country. Mr. WOMACK in the chair. istration can have access to this adapt- We want to say to all those families, The Clerk read the title of the bill. ive equipment, such as monoskis and those mothers, fathers, and extended The CHAIR. When the Committee of adaptive hand-cranked bikes, our family members, we offer our deepest the Whole rose on Wednesday, May 25, wounded warriors haven’t necessarily gratitude and sympathy, and as well to 2011, proceedings on amendment No. 100 had the authorization to be provided the Blue Star and Gold Star mothers printed in House Report 112–88, offered that equipment who are on active duty. who remain active in serving this coun- by the gentlewoman from Maryland So my amendment would simply au- try. (Ms. EDWARDS), had been disposed of. thorize the Department of Defense to As a member of the Military Fami- The Chair understands that the pro- make that available. lies Caucus, I’m delighted to be able to ponents of amendment Nos. 101 And I have been inspired by Lieuten- say that we will stand for our families. through 109 will not individually offer ant Colonel Daniel Dudek, who until And our promise is to those who still their amendments. today has been the commanding officer live and still fight that we will fight AMENDMENT NO. 110 OFFERED BY MR. INSLEE of the Warrior Transition Battalion at for more resources for you, and we will Joint Base Lewis-McChord in Tacoma. fight for more opportunities that you The CHAIR. It is now in order to con- sider amendment No. 110 printed in He is moving on to continue this work will have when you return home: a here at the Pentagon. He lost some good paying job, educational opportu- House Report 112–88. Mr. INSLEE. Mr. Chairman, I have function in his limbs and has done a nities, and the ability to heal and mend tremendous job helping wounded war- and to provide for your families. an amendment at the desk. The CHAIR. The Clerk will designate riors get back going. We mourn those who have been lost. We’d like to extend this systemwide We pay tribute to them. But we say the amendment. The text of the amendment is as fol- now, and this would authorize the DOD that the Nation will never stop being to do that. grateful for those who have fallen in lows: battle and who, in fact, have sacrificed Page 345, after line 8, insert the following: b 1020 their life for us for freedom, democ- SEC. 731. PROVISION OF REHABILITATIVE EQUIP- So we would commend this as one racy, and justice. We pay tribute on MENT UNDER WOUNDED WARRIOR step forward to helping our proud men ACT. and women regain their confidence, this Memorial Day. Section 1631 of the Wounded Warrior Act f (title XVI of Public Law 110–181; 10 U.S.C. enjoy life and professional abilities. We commend this. MAKING IN ORDER CONSIDER- 1071 note) is amended by adding at the end the following: For the young men and women who return ATION OF AMENDMENT NO. 55 TO ‘‘(c) REHABILITATIVE EQUIPMENT FOR MEM- from overseas with a severe injury or dis- H.R. 1540 BERS OF THE ARMED FORCES.— ability, recreational activities—spending time Mr. MCKEON. Mr. Speaker, I ask ‘‘(1) IN GENERAL.—Subject to the avail- outdoors skiing or on the basketball court unanimous consent that during further ability of appropriations for such purpose, shooting hoops with friends—offer them a consideration of H.R. 1540 in the Com- the Secretary of Defense may provide an ac- chance to forget their disability and focus on mittee of the Whole pursuant to House tive duty member of the Armed Forces with doing the things they love. Research has a severe injury or illness with rehabilitative Resolution 276, amendment No. 55 in equipment, including recreational sports shown that engaging in physical activity regu- House Report 112–88 may be considered equipment that provide an adaption or ac- larly benefits wounded warriors’ confidence out of sequence. commodation for the member, regardless of and overall quality of life. Thanks to the in- The SPEAKER pro tempore (Mr. whether such equipment is intentionally de- credible equipment available to these wound- GARDNER). Is there objection to the re- signed to be adaptive equipment. ed warriors—such as ‘‘mono-skis’’ or sport

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.003 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3688 CONGRESSIONAL RECORD — HOUSE May 26, 2011 wheelchairs that have been adapted to fit their Stayed in the service working with other The CHAIR. The Clerk will designate disability—participating in outdoor recreation is wounded warriors as they transitioned back to the amendment. a real possibility. At this time, service-disabled active duty or retired. LTC Dudek wanted a The text of the amendment is as fol- veterans may receive such adaptive recreation ‘‘mono-ski,’’ but was unable to receive one lows: equipment through the Department of Vet- through the DoD. Had he retired, he could Page 531, after line 2, insert the following: erans Affairs. For the wounded warriors who have been provided a ‘‘sit-ski’’ by the Depart- SEC. 1099C. PROCLAMATION FOR NATIONAL DAY remain on active duty, however, access to the ment of Veterans Affairs. Under my amend- OF HONOR TO CELEBRATE MEM- ment, the Secretary of Defense will be author- BERS OF THE ARMED FORCES RE- rehabilitative equipment that can get them out- TURNING FROM IRAQ, AFGHANI- doors and active may be more difficult. Lieu- ized to provide this equipment. STAN, AND OTHER COMBAT AREAS. tenant Colonel Daniel Dudek, who until today I have spoken with another Army Colonel The President shall designate a day enti- served as the commanding officer of the War- who is 100 percent disabled but was approved tled a National Day of Honor to celebrate rior Transition Battalion at Joint Base Lewis to stay on active duty. However, when he tried members of the Armed Forces who are re- McChord, in Tacoma, WA, is one of these to get adaptive sporting equipment—in this turning from deployment in support of Iraq, brave wounded warriors. My amendment case a mono-ski—through the caregivers at Afghanistan, and other combat areas. would authorize the Secretary of Defense to the DoD health facility Walter Reed, he was The CHAIR. Pursuant to House Reso- provide wounded warriors who remain on ac- unable to get it as it wasn’t covered through lution 276, the gentlewoman from tive duty the same recreational equipment that TRICARE. Again, the VA could have pur- Texas (Ms. JACKSON LEE) and a Member their retired comrades receive through the De- chased it if he was a veteran, but since he opposed each will control 5 minutes. partment of Veterans Affairs. This amendment had not yet retired he did not have access to The Chair recognizes the gentle- will open the door to daily exercise and friend- the same equipment that he otherwise would woman from Texas. ly athletic competition with friends, and will have. Ms. JACKSON LEE of Texas. Mr. give them independence to pursue the rec- TESTIMONIALS FROM WOUNDED WARRIORS Chairman, earlier this morning, in fact reational activities that give them the most joy. ‘‘All the training and dedication pays off just a few minutes ago, I spoke on the when you have crossed the finish line, you’re BRIEF BACKGROUND tribute that Americans will give to standing completely exhausted next to your their fallen this coming Monday, sadly After a scathing Washington Post investiga- fellow service member, and for that moment, tion of their wounded warrior programs at Wal- so, but with joy and appreciation for completely forgetting about your disabil- the bravery of those who sacrificed ter Reed, the Department of Defense and the ities.’’—Jose Ramos, Hospital Corpsman 3rd Department of Veterans Affairs overhauled Class, U.S. Navy, Above Elbow Amputation, their lives and their families. their wounded warrior transition care pro- Iraq War Veteran Today I rise with an amendment sup- grams. While I applaud the steps they have ‘‘Six months after my injury I was skiing ported by my colleague and a member again. You can’t imagine the confidence that of the Armed Services Committee, Mr. taken, I am introducing this amendment to fill gives you and so you start seeing yourself a remaining benefit gap. JOHNSON, to ask support for an amend- doing things in life again . . . knowing that ment that can bring all us together, Previously, when a member of the Armed you’re going to get a job, knowing that Services was found ‘‘unfit to serve’’ because you’re going to go to school because you’re the designation of a national day of of a disability—a process that included an ap- out there tearing up the slopes. It’s just a honor to celebrate the members of the pearance before a MedBoard—they were super family here. It’s a great experience, Armed Services who will be returning automatically retired and began receiving care it’s a family experience, and the whole com- from deployment in Iraq and Afghani- through the VA. Now, you can apply to remain munity just gives its all to give you a group stan and other combat areas. This na- hug and I love coming here.’’—Dennis tional day of honor would recognize the on active duty. Walburn, U.S. National Guard LTC, Wounded Active duty members, who have been de- enormous sacrifice and invaluable serv- Warrior, Above Knee Amputee, Iraq War Vet- ice that those phenomenal men and clared unfit for duty and cannot transition back eran into, stay on in service of their country in other ‘‘It was amazing, I was out there on the women have undertaken to protect our capacities. Many of these men, such as Lieu- water, hearing everyone cheer me on. I was freedom and share the gift of democ- tenant Colonel Daniel Dudek (who I mentioned waterskiing! It’s something I never thought racy in other parts of the world. earlier), are serving as inspirational mentors to I would be able to do again.’’—Joey Bozik, How many of us have stopped to say U.S. Army SGT, Triple amputee, Iraq War ‘‘thank you’’ to a soldier walking alone other wounded warriors who are undergoing a Veteran difficult transition. Though they are not serving in an airport, maybe having made a I reserve the balance of my time. on the battlefield, they are providing our coun- travel of millions of miles, thousands Mr. MCKEON. Mr. Chairman, I rise to try a valuable service by assisting with this upon thousands of miles, to find him- claim the time in opposition to the self or herself in their rural hamlet or transition. amendment, although I don’t oppose To account for the benefit gap that prevents urban center coming home. They have the amendment. active duty wounded warriors from receiving come home over the years, and they The CHAIR. Without objection, the have come home not seeking glory or recreational equipment through TRICARE, the gentleman from California is recog- DoD has worked with VA to see that some ac- appreciation. That’s our men and nized for 5 minutes. women. The men and women of the tive-duty members received assistance There was no objection. United States military and intelligence through the VA. However, this was inefficient Mr. MCKEON. Mr. Chairman, I com- and many active duty wounded warriors were mend the gentleman on his amend- community who helped bring Osama still without the equipment they wanted. Fur- ment. It think it will make the bill bin Laden didn’t ask for applause and ther, the VA’s authority to help active duty stronger. We should be doing all we can appreciation. members is set to expire on December 31, to help our wounded warriors. This is My amendment will give all Ameri- 2012. something that, fortunately, he picked cans, no matter what your political Beginning in 2008, the DoD developed a up on. I think it is an exceptional idea. views, religion, ethnicity, gender or pilot program to provide rehabilitative equip- I thank him for it. background, the chance to be able to ment to active duty service members. How- I yield back the balance of my time. say ‘‘thank you.’’ It is reminiscent of ever, the definition of rehabilitative equipment Mr. INSLEE. Mr. Chairman, I yield times that some of us did not live was restricted to simply provide ‘‘hand bicy- back the balance of my time. through. I am reminded of the pictures cles.’’ My amendment would give the DoD The CHAIR. The question is on the that I saw of those celebrating in the flexibility, and allow wounded warriors inde- amendment offered by the gentleman streets during World War II. pendence to choose the type of recreational from Washington (Mr. INSLEE). My uncle served in World War II. My rehab they want to pursue. The amendment was agreed to. grandmother sent her sons to war. She My amendment in no way abridges the AMENDMENT NO. 111 OFFERED BY MS. JACKSON watched them one by one, and proudly rights or services currently enjoyed by wound- LEE OF TEXAS so. As an immigrant American, she was ed warriors. It simply gives them expanded ac- The CHAIR. It is now in order to con- glad to be able to send them to fight cess to rehabilitative, recreational equipment. sider amendment No. 111 printed in our battles. Lieutenant Colonel Daniel Dudek (Com- House Report 112–88. Now, as we make our decisions to manding Officer of Joint Base Lewis Ms. JACKSON LEE of Texas. Mr. bring our troops home, to be able to McChord’s Warrior Transition Battalion)—para- Chairman, I have an amendment at the provide them the opportunity of eco- lyzed from the feet down after an IED attack. desk. nomic enhancement such as jobs and

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.008 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3689 education, let’s have a day where all of ans and Alaska Natives who are honored vet- committed to both meeting the needs of vet- us will be able to be in the streets, if erans of our nation’s military. Nearly 266,00 erans of previous wars, and to provide a fitting you will, to simply say ‘‘thank you;’’ African Americans, 157,000 Hispanic Ameri- welcome home to those who are now serving. and job well done! cans, 44,000 Asian Americans and Pacific Is- Veterans have kept their promise to serve our So I ask my colleagues to join me to landers, and more than 18,5000 American In- nation; they have willingly risked their lives to say ‘‘thank you’’ to one of the most di- dians and Alaska Natives have served are na- protect the country we all love. We must now verse exhibitions of American bravery tion in Iraq and Afghanistan. ensure that we keep our promises to our vet- and courage, and that is the United A National Day of Honor will welcome home erans. States military. As you can see, here the diverse group of soldiers upon their return We promise to leave no soldier or veteran they are, without fanfare, fighting for from deployments. Currently there are more behind. Politics and partisanship should never us in the midst of battle. And all I than 44,500 African Americans, 31,000 His- be a factor in our support for American vet- want to do is say ‘‘thank you.’’ panic Americans, 10,000 Asian Americans and erans or troops. On the battlefield, the military Mr. Chair, I rise today offering my amend- Pacific Islanders, nearly 4,000 American Indi- pledges to leave no soldier behind. As a na- ment No. 111 to H.R. 1540, ‘‘National Defense ans and Alaska Natives deployed in Iraq and tion, let it be our pledge that when they return Authorization Act For Fiscal Year 2011,’’ which Afghanistan. When they return home they will home, we leave no veteran behind. Celebrate HANK JOHNSON the gentleman from Georgia find waiting for them a universal welcome and their return home with a National Day of has joined me in offering as a Cosponsor. I celebration of their service. Honor. This day and every day, let us honor thank Representative JOHNSON for his support. A designated National Day of Honor will their service with actions that fulfill our com- My amendment will designate a National Day bring Americans together to celebrate those mitment to our troops, their families, and our of Honor to celebrate members of the Armed who have returned from serving our country veterans—and that are worthy of our grateful Services who are returning from deployment in around the world in the name of freedom and nation. Iraq, Afghanistan, and other combat areas. democracy. The debt that we owe to them is Our nation is founded on the principles, laid This National Day of Honor would recognize immeasurable. Their sacrifices and those of out in the Declaration of Independence, that the enormous sacrifice and invaluable service their families are freedom’s foundation. With- ‘‘all men are created equal,’’ ‘‘that they are en- that these phenomenal men and women have out the brave efforts of all the soldiers, sailors, dowed by their Creator with certain undertaken to protect our freedoms and share airmen, marines and Coast Guardsmen and unalienable Rights,’’ and ‘‘that among these the gift of democracy to other parts of the their families, our country would not live so are Life, Liberty, and the pursuit of Happi- world. freely. ness.’’ At various points in our history as a na- My amendment provides an opportunity for As we continue to be engaged in hostilities tion, we have found need to send our sons all Americans, regardless of political views, re- in Iraq and Afghanistan, our young men and and daughters, our most precious resources, ligion, ethnicity, gender, or background to women will pay the ultimate price while wear- overseas to fight in defense of these great come together, and to recognize and honor ing the uniform of our nation. Let us honor the principles. At times when the need is greatest, our nation’s heroes. I believe the paramount memory of the 4,400 Americans who have America’s soldiers have always stepped up to and overwhelming conclusion is that our free- died in Iraq and more than 1,300 who have protect our nation. dom is intertwined with the sacrifices of our died in Afghanistan. We also honor the sac- And so, today, I hope we will all take time Veterans, whose devotion to our way of life is rifices of our wounded: nearly 32,000 U.S. from our daily lives to reflect upon the sac- unparalleled. I am privileged to honor their troops in Iraq and 9,000 in Afghanistan. And rifices made by those who serve in our armed sacrifices and the role they play in our nation. we must not forget all the lives lost on battle forces, and to resolve together that we will We are in the midst of ongoing conflict and fields as our troops stood to support our de- provide returning veterans with the welcome, warfare. We must show continued support of mocracy. Remember the average age of the services, care, and compassion that they de- our troops and increase their moral. What bet- 58,148 men and women who gave their lives serve. We should celebrate throughout the ter way to demonstrate our support than by in Vietnam was 23 years old. country to the sacrifices made by our men and celebrating their return from deployment with a As we remember their patriotic sacrifices, women returning from their deployment to National Day of Honor. Though we may be di- we must renew our commitment to keep our Iraq, Afghanistan, and other combat areas. Let vided by our positions on the war in Iraq, Af- promises to the nation’s 3 million troops. A us all remember that one of the things that ghanistan and other combat areas, we stand National Day of Honor is the perfect medium makes our nation truly great are the young together to support our veterans. to welcome home troops. men and women willing to fight to defend it, to Currently, there are close to 100,000 troops I represent a district that is home to one of defend us, and to defend our way of life. serving in Afghanistan. And even in the after- the largest populations of military I reserve the balance of my time. math of the death of Osama bin Laden, troops servicemembers and their families in the na- Mr. MCKEON. Mr. Chairman, I rise to remain in Afghanistan to protect against retal- tion. There are over 200,000 veterans of mili- claim the time in opposition to the iatory attacks and to help rebuild the country. tary service who live and work in Houston; amendment, although I don’t oppose As of April 2011, close to 46,000 American more than 13,000 are veterans from Iraq and the amendment. troops are serving in Iraq. At the height of the Afghanistan. They should return home to ban- The CHAIR. Without objection, the Iraqi dispute, close to 170,000 U.S. troops ners and to a community that recognizes their gentleman from California is recog- were stationed in Iraq. These courageous men service after years of combat. nized for 5 minutes. and women are mothers and fathers, hus- In the words of President John F. Kennedy, There was no objection. bands and wives, yet they have risked their ‘‘As we express our gratitude, we must never Mr. MCKEON. Mr. Chairman, I yield lives and left their families to fight for what forget that the highest appreciation is not to myself such time as I may consume. they believe in which is freedom, equality, and utter words, but to live by them.’’ It is not sim- I thank the gentlelady for doing this. all the like principles that America stands on. ply enough to sing the praises of our nation’s I think she is exactly right on. I think The courage and sacrifice of the men and great veterans; I firmly believe that we must everything that we can do to honor women are certainly well deserving of celebra- demonstrate by our actions how proud we are these warriors who are out there fight- tion. Their service is an extraordinary act of of our American heroes. ing for our freedoms and freedoms of patriotism for which we should all be thankful. There are 23 million veterans in the United those around the world we should do. Our nation has a proud legacy of apprecia- States. Currently, more than 1,626,000 vet- I thank you for this amendment. tion and commitment to the men and women erans are living in Texas and more than I reserve the balance of my time. who have worn the uniform in defense of this 32,000 veterans live and work in my Congres- Ms. JACKSON LEE of Texas. I thank country. We must be united in seeing that sional district alone. the chairman very much for his kind every soldier, sailor, airman, and marine is It is my hope that by having a National Day words. welcomed back with all the care and compas- of Honor we will take the time to show appre- Mr. Chairman, I am delighted to sion this grateful nation can bestow. ciation to those who have answered the call to yield 1 minute to the ranking member, The military represents America’s diversity. duty upon their return home. As the great Brit- the gentleman from Washington (Mr. A National Day of Honor will celebrate men ish leader Winston Churchill famously stated, SMITH). and women of all races and backgrounds. ‘‘Never in the field of human conflict was so Mr. SMITH of Washington. Mr. There are 2.4 million African American, 1.1 much owed by so many to so few.’’ Chairman, I want to thank the gentle- million Hispanic, 320,000 Asian American and I firmly believe that we should celebrate our lady for bringing this very, very impor- Pacific Islanders and 169,000 American Indi- veterans after every conflict, and I remain tant amendment forward. I think the

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.011 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3690 CONGRESSIONAL RECORD — HOUSE May 26, 2011 most important thing that we can do good bill, this National Defense Au- (2) by inserting after subparagraph (E) the for those who serve in the military is thorization Act of 2012. It is a very following new subparagraphs: show them our support in every con- good bill. We have a lot of good things ‘‘(F) Percentage of contracts awarded on a ceivable way, and especially when they in it; but this amendment, this amend- competitive basis as compared to established goals for competition in contingency con- come home from service. Iraq and Af- ment alone is reason to vote for the tracting actions. ghanistan have been very, very dif- bill. I think we should all, on Memorial ‘‘(G) Justification for any non-competi- ficult fights. The men and women in Day, on the day that you are request- tively awarded contingency contracts that our military have fought bravely and ing, and throughout the year, honor are not otherwise deemed to be not suitable amazingly. Every time I meet one of those who are willing to lay their lives for competition’’. them, I am just in awe of how great our on the line every day for us. The CHAIR. Pursuant to House Reso- military is, how brave they are, and I yield back the balance of my time. lution 276, the gentleman from New what a tremendous job they have done The CHAIR. The question is on the Jersey (Mr. RUNYAN) and a Member op- for us; but it is really important that amendment offered by the gentle- posed each will control 5 minutes. we don’t forget that here at home. woman from Texas (Ms. JACKSON LEE). The Chair recognizes the gentleman A statistic that I have heard over and The question was taken; and the from New Jersey. over again is that it is really only 1 Chair announced that the ayes ap- percent of the population in the United peared to have it. b 1030 States who is actually participating in Ms. JACKSON LEE of Texas. Mr. Mr. RUNYAN. Thank you, Chairman this war. It is critically important that Chairman, I demand a recorded vote. MCKEON and Ranking Member SMITH, the rest of us remember it, support The CHAIR. Pursuant to clause 6 of for your leadership and for working those who fought in every way pos- rule XVIII, further proceedings on the with me on this amendment. It, again, sible. I can think of no better way to amendment offered by the gentle- is an honor working with the both of help make sure that happens than the woman from Texas will be postponed. you. amendment offered by the gentlelady ANNOUNCEMENT BY THE CHAIR Mr. Chairman, the Commission on from Texas, to give them a day when The CHAIR. The Chair understands Wartime Contracting is an inde- we all think about it and we all re- that the proponents of amendment pendent, bipartisan legislative commis- member what they have done. It is Nos. 112 through 133 will not individ- sion established to study wartime con- critical that we do that every single ually offer their amendments. tracting in Iraq and Afghanistan. This day. This will help in that process. AMENDMENT NO. 134 OFFERED BY MR. RUNYAN eight-member commission was man- I thank the gentlelady for offering The CHAIR. It is now in order to con- dated by Congress to study Federal the amendment, and I urge support. sider amendment No. 134 printed in agency contracting for reconstruction Mr. MCKEON. Mr. Chairman, I re- House Report 112–88. logistical support of coalition forces serve the balance of my time. Mr. RUNYAN. Mr. Chairman, I have and the performance of security func- Ms. JACKSON LEE of Texas. Mr. an amendment at the desk. tions in support of Operation Iraqi Chairman, let me first of all thank the The CHAIR. The Clerk will designate Freedom and Operation Enduring Free- chairman of the full committee and the the amendment. dom. ranking member of the full committee. The text of the amendment is as fol- In their latest report, the CWC found Although this is not an amendment lows: that, as contingency operations have that pertains only to my district, I stabilized, agencies have not shifted want you to know that I represent a Page 364, after line 2, insert the following: contracting approaches to introduce district that is home to one of the larg- SEC. 825. COMPETITION AND REVIEW OF CON- TRACTS FOR PROPERTY OR SERV- the much needed competition into est populations of military service- ICES IN SUPPORT OF A CONTIN- long-term support contracts. Competi- members and their families in the Na- GENCY OPERATION. tion is the key in order to get our tion. There are over 200,000 veterans of (a) CONTRACTING GOALS.—Not later than 90 warfighters what they need through a military service who live and work in days after the date of the enactment of this fair and transparent contracting proc- Houston; more than 13,000 are veterans Act, the Secretary of Defense shall— (1) establish goals for competition in con- ess and at the best value for taxpayers’ from the Iraq and Afghanistan wars. tracts awarded by the Secretary of Defense money. I know this is something that They should return home to banners for the procurement of property or services and to communities that recognize we can all agree on. to be used outside the United States in sup- My amendment would require the their service after years of combat. I port of a contingency operation; and DOD to establish goals for competition might say that the State of Texas, (2) shall develop processes by which to along with all of the States, claim to measure and monitor such competition, in- and contracts awarded in support of a have their wonderful share of our men cluding in task-order categories for services, contingency operation and would re- and women of the United States mili- construction, and supplies. quire an annual review of omnibus con- tary. (b) ANNUAL REVIEW OF CERTAIN CON- tingency contracts to identify any sub- TRACTS.— Mr. Chairman, I offer this amend- contracts that can be completed as a (1) REVIEW REQUIRED.—For each year the ment so the children of America can standalone contract. It would also Logistics Civil Augmentation Program con- amend section 863 of the fiscal year likewise be with us as they wave their tract, or other similar omnibus contract flags and welcome our men and women awarded by the Secretary of Defense for the 2008 NDAA to increase reporting re- home. procurement of property or services to be quirements to competition in contin- As President John F. Kennedy said: used outside the United States in support of gency contracting. As we express our gratitude, we must a contingency operation, is in force, the Sec- I urge my colleagues to support this never forget that the highest apprecia- retary shall require a competition advocate critical amendment in support of the tion is not to utter words, but to live of the Department of Defense to conduct an men and women serving in Iraq and Af- annual review of each such contract. by them. ghanistan and in support of the Amer- (2) COMPETITIVE AWARDS.—Based on the Let us live and act on our gratitude, ican taxpayer. findings of a review conducted under para- I reserve the balance of my time. and celebrate on this national day of graph (1), the Secretary shall identify sub- honor the men and women who have contracts that may reasonably be treated as Mr. SMITH of Washington. I rise to served us so gallantly and bravely. I prime contract for purpose of a competition claim the time in opposition, although ask my colleagues to join me and Mr. and take such steps as may be necessary to I am not opposed to the amendment. JOHNSON in support of this amendment, establish a competitive award basis for such The CHAIR. Without objection, the to honor our returning troops by a na- a contract in a timely manner. gentleman is recognized for 5 minutes. (c) ANNUAL REPORT ON CONTRACTING IN tional expression of thank you, again, There was no objection. IRAQ AND AFGHANISTAN.— Section 863(a)(2) of Mr. SMITH of Washington. I thank for a job well done. the National Defense Authorization Act for Mr. RUNYAN for bringing this to our at- I yield back the balance of my time. Fiscal Year 2008 (110–181; 10 U.S.C. 2302 note) Mr. MCKEON. Mr. Chairman, I yield is amended— tention. He has explained it very well, myself the balance of my time. (1) by redesignating subparagraphs (F) and I think this body should support Again, I want to thank the gentle- through (H) as subparagraphs (H) through the amendment. lady for her amendment. We have a (J), respectively; and I yield back the balance of my time.

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.012 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3691 Mr. RUNYAN. I thank the gentleman sylvania (Mr. THOMPSON) and a Member tele-behavioral health—allowing spe- for his support, and I yield back the opposed each will control 5 minutes. cialists to meet with patients through balance of my time. The Chair recognizes the gentleman teleconferencing technology, for in- The CHAIR. The question is on the from Pennsylvania. stance—could increase the effective- amendment offered by the gentleman Mr. THOMPSON of Pennsylvania. I ness and reach of a limited number of from New Jersey (Mr. RUNYAN). thank the chairman and ranking mem- providers.’’ But the general then said, The amendment was agreed to. ber of this committee. ‘‘There are challenges regarding the ANNOUNCEMENT BY THE CHAIR Mr. Chairman, I rise in support of the credentialing and licensing of special- The CHAIR. The Chair understands Thompson-Berkley amendment, which ists to work across State lines.’’ that the proponents of amendment is nearly identical to H.R. 1832, the bi- Mr. Chairman, this amendment will Nos. 135 through 140 will not individ- partisan Servicemembers’ Telemedi- directly address this issue and has the ually offer their amendments. cine and E-Health Portability Act, or means to dramatically improve and AMENDMENT NO. 141 OFFERED BY MR. THOMPSON STEP Act. This amendment will bring change how our Nation’s warriors ac- OF PENNSYLVANIA essential reforms to how our service- cess care. With these restrictions re- The CHAIR. It is now in order to con- members and veterans access care, and moved, it opens new doors to how the sider amendment No. 141 printed in will bring commonsense, no-cost Department of Defense can administer House Report 112–88. changes to how the Department of De- and expand its health care programs. Mr. THOMPSON of Pennsylvania. fense administers health care. To be clear, there is nothing in this Mr. Chairman, I have an amendment at Currently, the Department of De- amendment that is intended to change the desk. fense has a limited ability to allow its or to be the basis for any future change The CHAIR. The Clerk will designate health care professionals to provide to the Department of Defense or State- the amendment. care when a patient is in a different based scope of practice laws or regula- The text of the amendment is as fol- State. The Department of Defense’s tions. lows: hands are also tied when it comes to ci- Ultimately, this amendment is about Page 332, after line 24, insert the following: vilians or contractors who have technology and modernization. It is SEC. 713. EXPANSION OF STATE LICENSURE EX- stepped up to fill shortages in des- about new ways for servicemembers CEPTION FOR CERTAIN HEALTH perately needed positions, especially and veterans to access care. It is about CARE PROFESSIONALS. mental health. fulfilling a pledge to take care of our (a) SENSE OF CONGRESS.—It is the sense of As a result, many in the military are veterans, regardless of where they live, Congress that— required to travel long distances in at no new cost to the taxpayers. (1) the Secretary of Defense and the Sec- This bipartisan amendment has retary of Veterans Affairs need to renew and order to access care. This can add undue stress and financial burdens to broad support from the Pentagon and improve efforts to reach out to rural Amer- military community. Some of the most ica, which has less access to care; the everyday lives of our service men (2) behavioral health services for active and women. Too often these cir- notable groups include the Air Force duty members of the Armed Forces, mem- cumstances contribute to those going Association, the American Legion, the bers of the reserve components, members of without who need help the most and, in Association of the United States Navy, the National Guard, and veterans need to be some cases, contribute to their falling the Enlisted Association of the Na- more easily and readily accessible; and through the cracks. tional Guard, Iraq and Afghanistan (3) medical records and records of deploy- Veterans of America, Mental Health ment need a ‘‘warm transition’’ and better By removing location requirements, this amendment will allow the Depart- America, Military Officers Association collaboration between the Department of De- of America, National Guard Associa- fense and the Department of Veterans Af- ment of Defense qualified and fairs. credentialed health care professionals, tion of the United States, Reserve En- (b) EXPANSION.—Section 1094(d) of title 10, including contractors and civilians, to listed Association, and the Veterans of United States Code, is amended— get to their core mission of helping Foreign Wars. I ask my colleagues on both sides of (1) in paragraph (1)— their compatriots in need. (A) by inserting ‘‘at any location’’ before This will allow our National Guard, the aisle to support this commonsense, ‘‘in any State’’; and Reserves, veterans, and retirees bipartisan, no-cost amendment. As Me- (B) by striking ‘‘regardless’’ and all that morial Day approaches, we owe our follows through the end and inserting ‘‘re- quicker and more efficient access to care, and will open the door to allow veterans and servicemembers as much. gardless of where such health-care profes- I reserve the balance of my time. sional or the patient are located, so long as for the modernization of Department of Mr. SMITH of Washington. I rise in the practice is within the scope of the au- Defense health care delivery. opposition, although I am not opposed thorized Federal duties.’’; and This amendment will allow for new (2) in paragraph (2), by striking ‘‘member to the amendment. technologies in telephone and Internet The CHAIR. Without objection, the of the armed forces’’ and inserting ‘‘member communications to expand into the De- of the armed forces, civilian employee of the gentleman is recognized for 5 minutes. Department of Defense, personal services partment of Defense, which will great- There was no objection. contractor under section 1091 of this title, or ly expand access, especially in rural Mr. SMITH of Washington. I thank other health-care professional credentialed America. It will also allow more spe- the gentleman for offering the amend- and privileged at a Federal health care insti- cialists to be involved in providing ment. I have no opposition. I support tution or location specially designated by care. it, and I appreciate his bringing it to the Secretary for this purpose’’. When it comes to behavioral health, our attention on the committee. I urge (c) REPORTS.—Not later than 90 days after the Guard and Reserves have been hit the body to pass the amendment. the date of the enactment of this Act, the especially hard. This amendment will Secretary of Defense, in coordination with I yield back the balance of my time. the Secretary of Veterans Affairs, shall sub- allow for the Guard and Reserves to ac- Mr. THOMPSON of Pennsylvania. mit to Congress separate reports on each of cess behavioral health care right from Mr. Chairman, I yield back the balance the following: their homes, immediately, when they of my time. (1) The plans to develop and expand pro- need it the most. The CHAIR. The question is on the grams to use new Internet and communica- This has been a very important issue amendment offered by the gentleman tion technologies for improved access to care to me. I’ve met with our military and from Pennsylvania (Mr. THOMPSON). and resources, including telemedicine, tele- veterans over the past several months The amendment was agreed to. health care services, and telebehavioral and have closely examined the behav- ANNOUNCEMENT BY THE CHAIR health programs that ensure patient privacy. The CHAIR. The Chair understands (2) Any plans to improve the transition of ioral health issues affecting our young health and battlefield deployment records to men and women. that the proponents of amendment better assist and care for veterans. Recently, Vice Chief of Staff of the Nos. 142 through 147 will not individ- (d) REGULATIONS.—The Secretary of De- Army, General Peter Chiarelli, said, ually offer their amendments. fense shall prescribe regulations to carry out ‘‘The Army, like the larger American AMENDMENT NO. 148 OFFERED BY MR. TURNER the amendments made by this section. society, is suffering from a shortage of The CHAIR. It is now in order to con- The CHAIR. Pursuant to House Reso- behavioral health specialists, and that sider amendment No. 148 printed in lution 276, the gentleman from Penn- is, in fact, a national crisis. Efforts in House Report 112–88.

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.018 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3692 CONGRESSIONAL RECORD — HOUSE May 26, 2011 Mr. TURNER. I have an amendment the warfighter to leverage information ferred, only the management of Air at the desk. as an effective weapon anywhere, any- Force Logistics Systems would be re- The CHAIR. The Clerk will designate time. It develops fields, sustains and moved from Wright-Paterson, where it the amendment. operates worldwide communications, has been for only 2 years. The text of the amendment is as fol- computer systems and capabilities for This management role of acquiring lows: the President, the Secretary of De- and sustaining enterprise-wide logis- At the end of subtitle F of title III, add the fense, the Chairman of the Joint Chiefs tics systems would return to Gunter, following new section: of Staff, the unified combatant com- where it had been located for more SEC. 3ll. LIMITATION ON OBLIGATION AND EX- manders, services and specified Depart- than 20 years. However, the Turner PENDITURE OF FUNDS FOR MIGRA- ment of Defense agencies. It contracts amendment would require a cost-ben- TION OF MANAGEMENT OF AIR with the procurement of information efit analysis of the consolidation that FORCE ENTERPRISE LOGISTICS SYS- TEMS PROGRAM EXECUTIVE OFFICE technology systems and services sup- would then need to be approved by the PENDING COST-BENEFIT ANALYSIS. porting DOD-wide customers. House Armed Services Committee, and Of the funds authorized to be appropriated this action would be costly and further b 1040 by this Act or otherwise made available to bind the hands of our military com- the Department of Defense for fiscal year This should not be a parochial issue. manders. 2012 for procurement or operation and main- This should not be a parochial fight. It is very important to note that the tenance for the migration to management This should be an issue of what is best 2005 BRAC Commission Report showed for the Enterprise Logistics System Program for the taxpayers. There has been no Executive Office by the Department of the that doing these operations at Gunter analysis done. is more cost effective than at Wright- Air Force, not more than 10 percent may be My amendment does not step in place obligated or expended until the date that is Paterson. Therefore, there is no need 30 days after the date on which the Secretary of the decision-making of the Air for another costly, drawn-out study. of Air Force submits to the congressional de- Force. In fact, what it says is let’s do It is important for us to allow our fense committees a report on the cost-ben- a cost-benefit analysis and then the Air military commanders to make deci- efit analysis of migrating the management Force gets to decide. But it requires sions that help the warfighter by in- headquarters for the Enterprise Logistics that that cost-benefit analysis be done creasing efficiencies when completing System Program Executive Office. The re- before anybody moves. their mission. If we adopt this amend- port shall address each of the following: You know, again, remember the Air (1) The business case analysis supporting ment, it will represent congressional Force has said leave everybody in interference in a decision that our the decision. place; move them all to Ohio; move (2) An analysis of alternatives to the deci- commanders and the United States Air sion that were considered. them all to Alabama; leave them in Force have already made. (3) An economic analysis (including a life- place; now move them to Alabama. I encourage my colleagues to vote cycle cost analysis) of the proposed transi- This should not happen until we have a ‘‘no.’’ tion, including a cost-benefit analysis and cost-benefit analysis where we can Mr. Chairman, I reserve the balance assessment of sustainment costs. spend all this money, move all of these of my time. The CHAIR. Pursuant to House Reso- people, find out in fact that it costs Mr. TURNER. Mr. Chairman, many lution 276, the gentleman from Ohio more after the move. We could even times we talk about the taxpayers and (Mr. TURNER) and a Member opposed have made a situation where we have saving the taxpayers money, but, un- each will control 5 minutes. to move everybody back. fortunately, sometimes when it comes The Chair recognizes the gentleman We’re just saying let’s do a cost-ben- down to parochial interests we get to from Ohio. efit analysis. This is an amendment for the point where we say it doesn’t really Mr. TURNER. Mr. Chairman, this the taxpayers. This amendment needs matter what’s in the best interest of amendment is really very simple. to pass. the taxpayers as long as it’s coming I reserve the balance of my time. We’ve had a recent election where the my way or as long as it’s my State. Mrs. ROBY. Mr. Chairman, I rise in tide of the taxpayers has spoken where All this amendment says is let’s look they want this House and they want opposition to this amendment. The CHAIR. The gentlewoman from at what’s best for the taxpayers. That’s Congress to start making decisions and Alabama is recognized for 5 minutes. all it requires is analysis of cost ben- the government to start making deci- Mrs. ROBY. Mr. Chairman, I stand efit. In fact, this issue was looked at by sions to address this issue of our debt before you today to urge my colleagues the 2005 BRAC process. The Air Force and the existential threat that we have to vote ‘‘no’’ on this amendment, very looked at merging these functions at to our country of out-of-control spend- respectfully, from the gentleman from Wright-Pat and Gunter, at Hanscom ing. Ohio. and then Wright-Pat and Gunter. In We have an issue where the Enter- I would like to thank Chairman both cases, in both the 2005 and the 1995 prise Logistics Directorate is being MCKEON and his staff for agreeing to BRAC process, this was rejected. This moved by the Air Force without any allow me and others the opportunity to is going outside of BRAC. analysis as to what is good for the tax- debate this specific amendment. Mr. Chairman, I yield 2 minutes to payers. It is an arbitrary decision that The Air Force recently made a deci- my colleague from Ohio (Mr. AUSTRIA). appears to have been made somewhere sion to combine two programs that fall Mr. AUSTRIA. I want to thank Mr. in the bureaucracy but needs the ac- under the Air Force Program Execu- TURNER for yielding and offering this countability of the taxpayers. Congress tive Office. EIS, currently located at very important amendment. has to have the effective oversight to Gunter Annex, Alabama, and ELS, lo- You know, it’s especially critical, as ensure that the taxpayers’ dollars are cated at Wright-Paterson Air Force we continue our work in the House of being spent effectively. Base, would be consolidated at Gunter. cutting unnecessary spending and What’s interesting about this is that Basically, the job of EIS is to design, bringing transparency and account- the Air Force first said, We’re not acquire, install, and maintain oper- ability for taxpayer dollars, that we going to move anybody. Then they ation support systems for the Air have an amendment like this in place. said, We’re going to move everybody to Force and the Department of Defense. And this amendment, again, simply Ohio. Then they said, We’re going to And the job of the ELS is to empower asks the Department of Defense and move everybody to Alabama. Then the warfighter to leverage information the Air Force to provide that same they said, We’re not going to move as an effective weapon. transparency. anybody. Now they’re back to moving It makes good common sense for the The Air Force is merging, as we everybody to Alabama. And when you management of these functions to be heard, two important areas of logistics ask them, they don’t have one analysis consolidated. Additionally, Air Force with the Enterprise Logistics Systems, or one scrap of paper that says what’s Materiel Command has approved this ELS, and the Enterprise Information best for the taxpayers. This is based on decision, and Congress should allow Systems, EIS, into a new portfolio personalities and arbitrary actions. this decision to move forward. known as the Business Enterprise Sys- This is an important directorate. My understanding is that no jobs tems Portfolio. Again, this amendment This directorate mission is to empower from Wright-Paterson would be trans- is simply saying, as you make this

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.020 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3693 merger, as you combine these two dif- Mr. Chairman, I urge my colleagues Make no mistake, funding for govern- ferent portfolios, do a cost-benefit to vote against this amendment. ment programs and nonprofit organiza- analysis. Mr. TURNER. Mr. Chairman, may I tions that are not critical to the func- EIS, which includes activities such as inquire as to how much time I have re- tioning of core government services ECSS and others, has been shown to be maining. must be considered for cuts. cost efficient and much needed to mod- The CHAIR. The gentleman from With an extensive lobbying effort to ernize the Air Force’s logistics and in- Ohio has 15 seconds remaining. portray the Institute for Peace as in- formation technology systems and Mr. TURNER. Mr. Chairman, the 2005 credibly important to our Nation’s services. ELS currently manages some BRAC Commission actually rejected work on the ground in Iraq and Afghan- very large programs at Wright- this consolidation and it was proposed istan, a few U.S. officials have signed Paterson Air Force Base and Gunter at that time for Massachusetts. In 1995, letters in its support. Annex. There are approximately 1,000 it was proposed. We should not keep b 1050 jobs, including military, civilians, and moving these jobs around until we have contractor employees within the En- a cost-benefit analysis. All we’re ask- While I have seen evidence to the terprise Logistic Directorate. Asking ing for is just the cost-benefit analysis contrary, I will, for the sake of argu- the Department of Defense to provide a to determine where they should be. ment and respect for the handful of cost-benefit analysis of their decision This decision was just made last week. generals that support the Institute for to combine these portfolios makes It needs to be reviewed. Peace cede their point. sense. Mrs. ROBY. Mr. Chairman, in clos- However, I will note that the United To respond to the comment of this ing, I would just like to say, again, States Institute for Peace grant pro- being a costly study, this study will that I urge my colleagues to vote ‘‘no.’’ gram is entirely duplicative of existing provide Congress the same trans- The Air Force has made it clear that grant programs of the United States, parency and accountability of taxpayer this is the consolidation that they the private sector, and nonprofit orga- dollars that we here in Congress are want, that it is efficient for their oper- nizations. being asked. And I support the Air ations at Gunter Annex. At a time when the government must Force’s plan to become more efficient, I yield back the balance of my time. do more with less, I remain convinced but we need to make sure that there is The CHAIR. The question is on the the research, training, workshop hold- a good business case and that these amendment offered by the gentleman ing, and humanitarian work of the moves actually are efficient and are in from Ohio (Mr. TURNER). United States Institute for Peace, its the best interest of the taxpayers. The question was taken; and the small staff in Afghanistan and Iraq, Mrs. ROBY. Mr. Chairman, I yield 3 Chair announced that the ayes ap- can be replicated by divisions or offices minutes to the gentleman from Ala- peared to have it. with the Department of Defense, the bama (Mr. ROGERS). Mrs. ROBY. Mr. Chairman, I demand State Department, or through entities Mr. ROGERS of Alabama. Mr. Chair- a recorded vote. like the Peace Corps and USAID. It man, I rise in opposition to this amend- The CHAIR. Pursuant to clause 6 of must. ment. rule XVIII, further proceedings on the We are a Nation teetering on the First, I want to thank Chairman amendment offered by the gentleman edge of insolvency. Admiral Mike TURNER for his hard work and dedica- Mullen recently stated, The most sig- tion when it comes to the national de- from Ohio will be postponed. nificant threat to our national security fense and well-being of our warfighters. ANNOUNCEMENT BY THE CHAIR is our debt. I am privileged to be able to serve on The Chair understands that the pro- Now is the time to make the tough the House Armed Services with my ponents of amendment Nos. 149 calls, Mr. Chairman, and the United friend. through 151 will not individually offer With that said, I disagree with my their amendments. States Institute for Peace is a program that our children and our grand- friend on this amendment. I believe AMENDMENT NO. 152 OFFERED BY MR. CRAVAACK children should not be funding at the this amendment calls for an unneces- The CHAIR. It is now in order to con- sake of their futures. sary report to Congress meant to delay sider amendment No. 152 printed in Mr. Chairman, therefore in close, I’d the Air Force’s decision to consolidate House Report 112–88. like to urge my colleagues to support and move the Program Executive Of- Mr. CRAVAACK. Mr. Chairman, I amendment 152. fice for Enterprise Information Sys- have an amendment at the desk. Mr. Chairman, I reserve the balance tems. This consolidation is at no cost The CHAIR. The Clerk will designate of my time. to the Air Force. the amendment. Adequate cost studies already exist The text of the amendment is as fol- Mr. SMITH of Washington. Mr. Chair, as a part of the 2005 BRAC Commission lows: I rise in opposition to the amendment. Report. Those reports show that exe- The Acting CHAIR. The gentleman is At the end of subtitle C of title XII of divi- recognized for 5 minutes. cuting these operations at Gunter sion A of the bill, add the following: Mr. SMITH of Washington. I do op- Annex in Montgomery, Alabama, is SEC. 12xx. REPEAL OF UNITED STATES INSTI- more cost effective than at either TUTE OF PEACE ACT. pose the amendment, and I will yield to Hanscom Air Force Base, Massachu- Effective as of the date of the enactment of my colleagues to explain our side. setts, or Wright-Paterson Air Force this Act, the United States Institute of I will begin by yielding 1 minute to Base in Ohio. The Air Force chain of Peace Act (title XVII of Public Law 98–525; 22 the ranking member of the House For- command supports the decision to con- U.S.C. 4601 et seq.) is repealed. eign Affairs Committee, the gentleman solidate and relocate. The CHAIR. Pursuant to House Reso- from California (Mr. BERMAN). In short, Mr. Chairman, I believe lution 276, the gentleman from Min- Mr. BERMAN. I have to say it bog- that this amendment is an example of nesota (Mr. CRAVAACK) and a Member gles my mind how we can argue one one of the ways that we can save opposed each will control 5 minutes. minute about whether to withdraw money and make efficient choices The Chair recognizes the gentleman troops from Afghanistan or authorize when it comes to the Defense Depart- from Minnesota. the use of force in Libya and in the ment that doesn’t come at the expense Mr. CRAVAACK. Mr. Chairman, I next minute seek to eliminate the one of the warfighter. At a time when our yield myself 3 minutes. U.S. government institution that is Nation is facing its dire fiscal situa- I rise in support of my amendment. dedicated to resolving such conflicts tion, these are the types of small cost- After years of excessive spending, the peacefully. saving decisions that add up over time. United States is facing difficult eco- No other institution can accomplish I would also like to thank my col- nomic and fiscal straits, Mr. Chairman. the mission Congress gave the USIP. league from Alabama, Mrs. MARTHA Presently, our country is suffering No other agency has this peace-build- ROBY, for her leadership on this issue. under $14.39 trillion of national debt, ing mandate. General Petraeus called She is a strong advocate for our brave and roughly 40 cents of every dollar USIP’s work invaluable, a potential warfighters, and I would like to asso- that we spend must be borrowed and key to the success in the enormous ciate myself with her remarks. placed on the backs of our children. challenge we face; Under Secretary of

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.023 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3694 CONGRESSIONAL RECORD — HOUSE May 26, 2011 Defense Flournoy, talking about one I ask all of my colleagues to vote aisle leaped to their feet and declared, specific example in Iraq where ‘‘The ‘‘no.’’ It moves us away from peace, ‘‘We’ve got to have this.’’ Well, the USIP helped tribal and local govern- this amendment. Give peace a chance. GAO doesn’t think so. ment leaders forge a groundbreaking Give peace a chance. But yet we’re trying to zero out the agreement viewed by local leaders and Mr. CRAVAAK. Mr. Chairman, as a U.S. Institute of Peace which can keep military officials as a turning point to- 24-year naval veteran, there is no one us out of conflict and is on the ground ward peace and stability in one of that wants peace more than me. But I in Baghdad, Kosovo, Haiti, all kinds of Iraq’s most violent regions.’’ also want to leave a future for my chil- places, trying to keep people safe and I fail to understand what national in- dren. And we cannot do that by mount- alive. terests could possibly be served by re- ing debt upon them. And though the So faulty logic, poor argumentation ducing the number of tools at our dis- U.S. Institute for Peace may be a good won’t justify this bad amendment. I posal. I urge my colleagues to oppose program, unfortunately it’s a duplica- urge a ‘‘no’’ vote. this amendment. tive program that other programs can Mr. CRAVAAK. Mr. Chairman, just a Mr. CRAVAAK. Mr. Chairman, I do that are already being paid for. reminder that this is a duplicative pro- yield 1 minute to my esteemed col- So, Mr. Chairman, I say once again, gram that other agencies can do. league from Utah (Mr. CHAFFETZ). this program needs to be eliminated so When I was in high school, I wrestled. Mr. CHAFFETZ. I rise in support of that we can maintain the savings. And on the wrestling mat up on the this amendment. I do believe we should I reserve the balance of my time. ceiling there was a sign. It said, ‘‘If not defund the United States Institute of Mr. SMITH of Washington. I yield 1 you, who? If not now, when?’’ Now’s the time to start cutting pro- Peace. minute to the gentlelady from Cali- In contrary to the comments from grams that are duplicative and pro- fornia (Ms. WOOLSEY). grams that go ahead and continue to the gentleman from California, I be- Ms. WOOLSEY. Mr. Chairman, I can- lieve every department, every agency spend our country’s futures away. not imagine anything more short- I reserve the balance of my time. in the United States of America stands sighted than cutting off funding for the for and fights for peace. We don’t have Mr. SMITH of Washington. Mr. U.S. Institute of Peace. Chairman, I now yield 1 minute to the to have some separate organization Since 2001, we’ve taken the mili- that is just built on peace. No. It is the gentleman from California (Mr. FARR). taristic approach to protecting Amer- The CHAIR. The gentleman has 45 Department of Defense. It is the State ica. And guess what? It has not worked. Department. In fact, it is every agency seconds remaining. It’s killed thousands of our people. It’s Mr. SMITH of Washington. I have within the United States of America cost us hundreds of billions of dollars. that fights for peace. That’s what our only been yielding 1 minute at a time. And it has not made us any safer. country stands for. We don’t need a I had 5; I yielded 4. How do I get down For pennies on the dollar, we can to 45 seconds? separate organization. have what I call ‘‘smart security,’’ in- We have spent over $700 million on The CHAIR. The gentleman’s opening vesting in programs like USIP that use this think tank that, while their inten- statement consumed time. time-tested conflict prevention and Mr. SMITH of Washington. I didn’t tions are good, quite frankly we can’t make an opening statement. afford and we don’t need. It is the pri- resolution techniques. From Kosovo to The CHAIR. The gentleman’s opening mary mission of the State Department Sudan to Iraq and Afghanistan, USIP statement consumed time. The gen- and the Department of Defense to personnel have been laying the build- tleman has 45 seconds remaining. achieve the peace. It’s not something ing blocks of peace and stability. Cre- ated by Ronald Reagan’s presidential Mr. SMITH of Washington. I disagree we dole off to some separate agency in with that but I’ll live with it. a fancy building kitty-corner to the signature, it has been called ‘‘a strik- ing success story’’ by General The CHAIR. The gentleman from State Department. California is recognized for 45 seconds. And if the State Department and the Petraeus. It does extraordinary work Department of Defense aren’t fighting that has earned praise from leaders b 1100 for peace, then maybe that’s a discus- across the ideological spectrum. Mr. FARR. I can’t believe what a stu- sion we should have. But it is not the USIP saves lives. It’s up to us to save pid amendment this is because of the sole and only agency that fights for USIP. Vote ‘‘no’’ on this misguided message it sends. The majority party peace. We all fight for peace. And I en- amendment. whacked the hell out of the Peace courage my Members to support this Mr. CRAVAAK. Mr. Chairman, once Corps in your H.R. 1, and now you want amendment. again, I’d just like to remind the to whack the heck out of the Institute Mr. SMITH of Washington. Mr. Chair, speaker that the U.S. Institute For of Peace. What message are you send- I am pleased to yield 1 minute to the Peace has been in existence since 1985 ing to the world? We can’t put a price gentleman from Georgia (Mr. LEWIS). and spent $720 million, and we have had tag on peace. But we certainly can put Mr. LEWIS of Georgia. I thank my many conflicts since then. So the a price tag on war. Try $6.7 billion. colleague and friend for yielding. United States Institute for Peace is not That’s what we spend every month in Mr. Chairman, I oppose this amend- the critical factor when we’re talking Afghanistan. That amounts to $260 mil- ment, and I urge every single one of my about peace or war. lion a day. What a misguided amend- colleagues to vote ‘‘no.’’ I reserve the balance of my time. ment before us. Every single one of the last five Mr. SMITH of Washington. Mr. To eliminate the Institute of Peace Presidents—including President Chairman, I now yield 1 minute to the only spends the equivalent of 5 hours, 5 Reagan and Bush—understood the im- gentleman from Minnesota (Mr. hours in Afghanistan. Come on. You portance of the United States Institute ELLISON). are surrounded by peace givers in this of peace. USIP is not a think tank. Mr. ELLISON. I couldn’t help but room. Look at the law givers. They are They don’t sit in the clouds shouting note my colleague from Minnesota’s not warriors; they are people that tried recommendations. They jump into the last comment. He seems to imply that to make peace. You are not going to conflicts and work side-by-side with because there have been wars since 1985 win the war in Afghanistan militarily. DOD and with the Department of State that somehow that is an indictment of You are going to win it through peace. in Afghanistan and Iraq. the U.S. Institute of Peace. That’s ab- Mr. CRAVAACK. Mr. Chairman, ev- Listen to the generals and the com- surd and ridiculous. erybody wants peace, I above all peo- manders who are telling us that USIP But it always seems that we can find ple. But the Department of Defense— saves the life of our soldiers in Iraq and more money for defense spending but we have plenty of agencies within the Afghanistan. USIP saves American tax- not for peace. It’s a question of prior- Federal Government that will go ahead payers dollars around the world. This ities. and search for peace. We do not need is not a partisan issue. It is not hawk Last night I was here trying to argue another program to do it that we just versus dove. This is basic, common that when the GAO and the Sub- cannot afford. sense—prevent and stop conflict, pro- committee on Sea Power says that we With that, sir, I would like to urge mote dialogue, build bridges, and save don’t need to spend $150 million on the my colleagues to support this amend- lives. LHA–7, friends on the other side of the ment.

VerDate Mar 15 2010 03:27 May 27, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.026 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3695 Mr. BERMAN. Mr. Chair, I rise in opposition the number of tools at our disposal for pre- or prohibit any authority of the President to amendment No. 92, which would eliminate venting and resolving conflicts without putting to— the U.S. Institute of Peace. the lives of our troops on the line. I urge my (1) attack al Qaeda forces wherever such forces are located; Mr. Chair, the law creating the U.S. Institute colleagues to oppose this amendment. of Peace was passed by a Republican-con- (2) gather, provide, and share intelligence Mr. CRAVAACK. I yield back the bal- with United States allies operating in Af- trolled Senate and signed into law by Presi- ance of my time. ghanistan and Pakistan; or dent Reagan. The CHAIR. The question is on the (3) modify the military strategy, tactics, That law cited a ‘‘deep public need for the amendment offered by the gentleman and operations of the United States Armed Nation to develop fully a range of effective op- from Minnesota (Mr. CRAVAACK). Forces as such Armed Forces redeploy from tions, in addition to armed capacity, that can The question was taken; and the Afghanistan pursuant to the accelerated leash international violence and manage inter- Chair announced that the ayes ap- transition timeframe and completion date national conflict.’’ peared to have it. developed under subsection (a). Is there anyone here who doubts that we Mr. SMITH of Washington. Mr. The Acting CHAIR. Pursuant to still need a range of effective alternatives to Chairman, I demand a recorded vote. House Resolution 276, and the previous armed conflict? The CHAIR. Pursuant to clause 6 of order, the gentleman from Massachu- It boggles my mind how we can argue one rule XVIII, further proceedings on the setts (Mr. MCGOVERN) and the gen- minute about whether to withdraw troops from amendment offered by the gentleman tleman from California (Mr. MCKEON) Afghanistan or to authorize the use of force in from Minnesota will be postponed. each will control 10 minutes. Libya, and the next minute seek to eliminate AMENDMENT NO. 55 OFFERED BY MC GOVERN The Chair recognizes the gentleman the one U.S. government institution that is Mr. MCKEON. Mr. Chairman, I ask from Massachusetts. dedicated to resolving such conflicts peace- unanimous consent that the debate for Mr. MCGOVERN. Mr. Chairman, I fully. yield myself 2 minutes. The State Department, USAID and the De- consideration of amendment No. 55 be expanded by 10 minutes, and that such Too many people have died in Af- fense Department each have their own impor- ghanistan. Since January, I have at- tant roles to play in preventing and resolving time shall be equally divided and con- trolled by the gentleman from Massa- tended three funerals in my district conflict. But none of them have the capacity to alone of young men who have sacrificed do what the U.S. Institute of Peace does: chusetts (Mr. MCGOVERN) and myself. The CHAIR. Is there objection to the their lives there. Tens of thousands working ‘‘outside the wire’’ with all parties to more have been wounded. And the sui- conflict; acting as a bridge between govern- request of the gentleman from Cali- fornia? cide rate among our veterans from Af- mental and non-governmental actors; con- ghanistan and Iraq is soaring. There is ducting cutting-edge research and developing There was no objection. Mr. MCGOVERN. Mr. Chairman, I no clear mission. The Karzai govern- innovative peacebuilding tools; and training ment is corrupt. We continue to borrow soldiers, diplomats, and aid workers prior to have an amendment at the desk. The Acting CHAIR (Mr. money to pay for this war. We need to deployment in conflict zones. rethink what we’re doing in Afghani- No other institution can accomplish the mis- LATOURETTE). The Clerk will designate stan. It’s time to define the plan to sion Congress gave to USIP. No other agency the amendment. bring our uniformed men and women has this peacebuilding mandate. The text of the amendment is as fol- home to their families and to their Under Secretary of Defense Michele lows: communities, where they belong. Flournoy says that ‘‘our long-term success in At the end of subtitle B of title XII of divi- Mr. Chairman, this is the longest war Iraq and Afghanistan, as well as overall U.S. sion A of the bill, add the following: in our Nation’s history. It’s no longer efforts to prevent conflict and strengthen SEC. 12xx. PLAN WITH TIMEFRAME FOR ACCEL- about al Qaeda. I’ve met with our peace-building globally, depend in part on ERATED TRANSITION OF UNITED STATES FORCES FROM AFGHANI- troops in Afghanistan. I’ve met with USIP experts and programs in the field.’’ STAN AND PLAN WITH TIMEFRAME them after they have come home. They She specifically cites an example in Iraq, FOR ACCELERATED TALKS WITH where ‘‘the USIP helped tribal and local gov- THE GOVERNMENT OF AFGHANI- are incredible. Politicians put them ernment leaders forge a groundbreaking STAN. into harm’s way. And we now have an agreement, viewed by local leaders and mili- (a) PLAN WITH TIMEFRAME FOR ACCELER- obligation to get them safely home. ATED TRANSITION OF U.S. FORCES FROM AF- President Obama has promised a tary officials as ‘‘a turning point’’ toward peace GHANISTAN.—Not later than 60 days after the and stability in one of Iraq’s most violent re- drawdown of U.S. troops in July. Now date of the enactment of this Act, the Presi- we hear that might just be a token gions.’’ dent shall transmit to Congress a plan with General Anthony Zinni writes in the New a timeframe and completion date for the ac- drawdown. This amendment, Mr. Chair- York Times, ‘‘Congress would be hard- celerated transition of United States mili- man, and the vote on this amendment pressed to find an agency that does more with tary and security operations in Afghanistan can send the President a clear signal of less. The institute’s entire budget would not to the Government of Afghanistan (including support for a meaningful drawdown of pay for the Afghan war for three hours, is less operations involving military and security- troops. Help him do what the American than the cost of a fighter plane, and wouldn’t related contractors). people want him to do: bring our troops (b) PLAN WITH TIMEFRAME FOR ACCELER- sustain even 40 American troops in Afghani- home and invest in America. ATED TALKS WITH THE GOVERNMENT OF AF- We need to safeguard our national se- stan for a year.’’ GHANISTAN.—Not later than 60 days after the General Petraeus calls USIP’s work ‘‘invalu- date of the enactment of this Act, the Presi- curity. We all agree with that. But able’’ and a ‘‘potential key to success in the dent shall transmit to Congress a plan with many of our greatest problems aren’t enormous challenges we face.’’ a timeframe to pursue and conclude negotia- halfway around the world; they are According to General Wesley Clark, ‘‘Elimi- tions leading to a political settlement and halfway down the block. And rather nating USIP funding is a jaw-dropping, back- reconciliation of the internal conflict in Af- than nation building in Afghanistan, ward step. Although other national security ghanistan. Such negotiations will include we need do some more nation building contributors can perform some of USIP’s func- the Government of Afghanistan, all inter- right here in the United States. ested parties within Afghanistan, and with tions, none can perform them all in unity or Mr. Chairman, this is not a partisan the observance and support of representa- issue. It’s about doing what’s right for has such convening power. More important, tives of donor nations active in Afghanistan. none can perform them as effectively.’’ (c) NATIONAL INTELLIGENCE ESTIMATE ON our troops and for the Nation. If you And the Deputy Commanding General of AL-QAEDA.—The Director of National Intel- have ever once thought that we need to the NATO Training Mission in Afghanistan ligence shall submit to the President and do something different in Afghanistan, says, ‘‘USIP is at the center of work on doc- Congress a new National Intelligence Esti- that it’s time to rethink our policy, trine, interagency cooperation, military-NGO mate on the leadership, locations, and capa- that we need to bring our troops home relations, and cutting edge efforts on rule of bilities of al-Qaeda and its affiliated net- to their loved ones, then this is the law, reconciliation, minority rights in conflict works and cells. Such National Intelligence amendment that you need to support. I Estimate shall be submitted as soon as is ask my colleagues to vote for this zones, and democratization—all at the heart of practicable, but not later than the end of the what the military needs to succeed in complex 90-day period beginning on the date of the amendment. operations.’’ enactment of this Act. I reserve the balance of my time. Mr. Chair, I fail to understand what national (d) RULE OF CONSTRUCTION.—Nothing in Mr. MCKEON. Mr. Chairman, I yield 2 interest could possibly be served by reducing this section shall be construed so as to limit minutes to my friend and colleague,

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.024 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3696 CONGRESSIONAL RECORD — HOUSE May 26, 2011 the gentleman from Colorado (Mr. fed up. But let me say more impor- kind of forward-looking plans than this COFFMAN). tantly than the American people are amendment. I ask my fellow colleagues Mr. COFFMAN of Colorado. Mr. our military; they are tired and fed up. to vote against the McGovern amend- Chairman, I rise in opposition to the The wife of this sergeant who was ment. McGovern amendment. I would cer- murdered trying to train the Afghans, Mr. MCGOVERN. Mr. Chairman, I am tainly agree that we have gone beyond he had emailed her the day before. And proud to yield 2 minutes to the ranking our security objectives in Afghanistan I read the email. ‘‘I don’t trust them. I Democrat on the Armed Services Com- by building the economy that they don’t trust them for anything. Not for mittee, the gentleman from Wash- never had at U.S. taxpayers’ expense, anything at all.’’ And he died the next ington (Mr. SMITH). by trying to restructure their society, day, leaving two little girls. God bless Mr. SMITH of Washington. Mr. and giving them a government that our men and women in uniform. Chairman, I rise in strong support of doesn’t reflect the political culture of Support the McGovern amendment. the McGovern amendment, because I the country. But at the same time, we Mr. MCKEON. Mr. Chairman, the last believe it puts us on the best path to have legitimate security objectives in time I was in Afghanistan a little over successfully completing our mission in Afghanistan to keep the Taliban out, a month ago, I had a chance to visit Afghanistan. I think it is very reasoned to keep it from taking over the coun- with our Marines and troopers. They and very well thought out. try, to keep al Qaeda out, and to have were so animated about their mission, One of the keys to successfully com- a permissive environment in which to so filled with the idea that they were pleting this mission is to hand over re- conduct strikes into Pakistan at tar- able to fight for freedom. sponsibility to the Afghan people for gets such as Osama bin Laden, or al They told me the thing that the peo- their security and for their govern- Qaeda and Taliban leaders as they ple are asking them is when are you ment. The McGovern amendment does present themselves. leaving now? They need to have the un- not say pull all the troops out now at But this amendment speaks to an ex- derstanding that we’re there to finish the end of the month or at the end of peditious withdrawal of U.S. forces the mission, to be successful in the the year. It says we must begin, we from Afghanistan at a time when we mission. must put in place a plan for drawing are very far down the path of a current I yield 2 minutes to my friend and down so we can shift that responsi- strategy for which the President says colleague, the gentleman from Texas bility. that we will already reduce our foot- (Mr. CONAWAY). I also agree with some of my col- print in Afghanistan this summer, as leagues who oppose the amendment. I b 1110 well as shift operational control to Af- think our men and women in the ghan security forces by 2014. This Mr. CONAWAY. Thank you, Mr. Armed Forces in the last 6 months to a would pull the rug out under that en- Chairman, for yielding the time. year have made enormous progress in tire strategy. I would urge a ‘‘no’’ vote I have just recently gotten back from Afghanistan. The surge of troops that from my colleagues. Afghanistan, and it is hard doing what President Obama called for has made a Mr. MCGOVERN. Mr. Chairman, I am we’re trying to get done there, but the big difference and has put us in a bet- very proud to yield 2 minutes to the co- narrative we have in place today is bet- ter position to be successful in Afghan- sponsor of this amendment, the gen- ter than at any point in time since I’ve istan. But the genius of the McGovern tleman from North Carolina (Mr. been going to Afghanistan, and I’ve amendment is to recognize that there JONES). been going since 2005. is also a trap in that, because if we Mr. JONES. Mr. Chairman, on May 9 I’ve visited the Arghandab Valley, stay too long, the Afghan Government this year in an article in The Wall I’ve visited Marja, I’ve visited in becomes dependent upon us in a way Street Journal—the title is ‘‘Mission Helmand Province, Kandahar Province, that stops them from being inde- Accomplished’’—the article stated al and seen with my own eyes the suc- pendent. Qaeda is no longer based there in Af- cesses that last year’s very difficult Our goal, our mission in Afghanistan, ghanistan and the Taliban must be work done by the Marine Corps, done is clear, despite many who say it isn’t. beaten by Afghans themselves. This is by the Army, has done in pushing the We want a government in Afghanistan why it is the right time to support the Taliban out of the settled areas and that can stand so that the Taliban and McGovern amendment. It’s a reason- back into the desert and protecting the al Qaeda are not able to come back able, balanced plan to bring our troops citizens of Afghanistan, to give them into that country. That is our goal, home from Afghanistan. the breathing space they need to take we’re making progress towards it, but Mr. Chairman, 2 weeks ago Lieuten- over for themselves. we will not complete that mission until ant Colonel Benjamin Palmer and Ser- The work being done to establish the the responsibility for that is turned geant Kevin Balduf, two Marines from Afghan local police, that third layer of over to the Afghan people. To do that, my district, were shot and murdered by defense, that security by the Afghans, we need a plan and we need to recog- an Afghan officer while trying to train is in place and is working. The Special nize that that is the goal. the Afghans. Here are these two great Forces teams that are co-located with That is why the McGovern amend- men, fathers, trying to train the Af- those Afghan local police, particularly ment calls for that plan, calls for us to ghans, and somebody within the train- in the Arghandab Valley, have settled step up negotiations with folks on the ing area kills them, murders them. that and the Taliban has not come other side, between the Afghan Govern- Yes, let’s keep staying there. It’s all back this fighting season, as they ex- ment and some of the Taliban leaders, worthwhile. pected them to do. which have been bearing fruit of late, Mr. Chairman, the reason this We have hard work to do. I under- so that we can begin that transition amendment is so important is because stand the emotions, I understand the and bring our troops home and recog- Secretary Gates back in February at heartfelt tug that the previous speaker nize the success that they’ve had. the Armed Services Committee made has brought to us, Mr. Chairman. It’s A permanent or even lengthy occupa- this statement. I am going to para- hard not to listen to that and not make tion of a Muslim nation with U.S. phrase it. That is why we believe that decisions, but decisions can’t be made troops is not going to work. We need a beginning in 2015—2015—the United just simply on those emotions. You plan to properly disengage. That is how States can, with minimal risk, begin cannot separate what’s going on in Af- we will achieve what I think we all reducing active duty end strength. 2015. ghanistan with Pakistan. We have to agree is the mission in Afghanistan. To quote the retired Marine Corps look at the entire package of that part I urge support for the McGovern general that I respect so much, and I of the world and our national security amendment, and I thank him for bring- didn’t serve in the military, and I interests there, which are linked inex- ing it. I think we need a plan for mak- quote him, ‘‘What do we say to the orably together with the interests in ing that transition so we can have the mother and father, the wife, of the last Afghanistan and Pakistan. success that we all want in Afghani- Marine or soldier killed to support a I rise to respectfully disagree with stan. corrupt government and a corrupt lead- my colleagues on this amendment. Mr. MCKEON. Mr. Chairman, I yield 2 er?’’ The American people are tired and There are better ways to elicit these minutes to my friend and colleague,

VerDate Mar 15 2010 04:25 May 27, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.030 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3697 the chairman of the Subcommittee on which provided bin Laden with sanc- ment assumes that they are sitting Readiness, the gentleman from Vir- tuary and aid. I supported that effort. there twiddling their thumbs saying, ginia (Mr. FORBES). We have been pursuing this conflict you know something, we really want to Mr. FORBES. I thank the gentleman for nearly a decade now. The death of stay here for a long period of time. for yielding. Osama bin Laden was a landmark mo- Folks, that is not the case. They are We all know this: Every great cham- ment in our ongoing struggle to dis- doing everything as quickly as they pion knows that he hears from the rupt, dismantle, and defeat the ter- can. I was there where they were train- sideline those voices who are con- rorist networks that intend to do ing Afghans to be able to take control stantly screaming for him to quit, Americans harm, and that struggle has of that country while I was there. They those voices who tell him the race is not ended with bin Laden’s death. But turned over control of seven regions in just too tough, the finish line just too his death is a moment for reflection on that country. far away, just quit. that struggle and how we can best To somehow believe that nothing is Mr. Chairman, when I listen to what equip ourselves to win it. Many of the going on, that we need to accelerate is I’m hearing today and I realize that terrorists against which we are fight- just ludicrous. They are going as fast both sides now in Afghanistan are ing are no longer located in Afghani- as they can, but they are going at a working for a 2014 timetable, they’re stan but are in disparate locations, rate to ensure that we are going to be both serious about it, they’re both pur- from Yemen to Somalia to southeast there and be there successfully in help- suing it, I think, who would love this Asia. And bin Laden was found in Paki- ing the Afghan Government do what amendment? stan. they need to do to make sure they as- Well, I’ve heard a lot about our I support this amendment, because it sume control of the country and that troops, but I just got back last week focuses upon adjusting to a world of they can maintain control and can and I talked to a lot of troops across changing threats. It is essential that make sure that they are there to defeat Afghanistan, and I will tell you, I don’t we fight the smartest war possible the Taliban. That’s what the focus is. think there was a one of them that I against terrorists—but it is fair to ask That’s what this mission is, and they talked to that would have supported how a massive troop presence in Af- are there doing that in a tremendous this amendment. ghanistan continues to help us accom- way. Somehow saying that we are The second thing is, I talked to plish that goal. going to go ahead and accelerate this, young individuals who were elected to We must plan to transfer responsi- create artificial time frames without the Parliament in Afghanistan who bility for security in Afghanistan to being aware of what’s going on on the were talking about concepts of freedom the Afghan people and government ground and saying somehow our mili- for the first time and transparency and after 10 years’ presence there, and it is tary leaders aren’t doing things as who were working to change that gov- important to make an assessment of quickly and efficiently as they should, ernment in Afghanistan. Not one of how that best can be done. That’s what I think denies the reality of what they those individuals that I spoke to would the McGovern amendment does. are doing, which is going as quickly as have supported this amendment. Therefore, this amendment requires a they can and doing a fantastic job of I saw young children for the first national intelligence estimate of al doing that. time in Afghanistan beginning to flood Qaeda’s current leadership, locations, Also, if you look at the requirements into school every day. Not one of them and capabilities. It requires the Presi- of the bill about determining time would have looked and supported this dent to convey to Congress how he in- frames for negotiations, to me, requir- amendment. tends to meet the goal he stated in De- ing time frames on negotiations cre- I talked to Afghan soldiers who were cember 2009 of a transition for lead se- ates weakness in negotiations. I think being trained and who realize the im- curity responsibility to the Afghan you ought to make sure that it’s the portance they have of reaching that people, where it belongs. It also asks back and forth with the Taliban and 2014 time period and taking over the the President to clarify plans for ad- the Afghan Government that deter- reins, and not one of them would have vancing a political solution in Afghani- mines where the negotiations are supported this amendment. But I tell stan, which all of our military leaders going, not artificial time frames. I you who would have. The Taliban and have said is the only ultimate solution. think that creates, unfortunately, an al Qaeda would love any glimpse of Finally, nothing in this amendment imbalance in those deliberations, get- hope that we’re going to get out of limits or prohibits the President’s au- ting to what I believe is a satisfactory there before we get the job done. thority to attack al Qaeda or gather or completion to the conflict there, but Mr. Chairman, I want to finish with share intelligence, nor does it require also to having an outcome that’s satis- this. I heard my friend from North the administration to modify its mili- factory to the country, not just in the Carolina talk about the price tag we tary strategy, as it should not. This short term, but in the long term. pay. Let there be no question that we amendment, however, helps to meet So I believe strongly that this know the price tag we pay, that our our shared goal of defeating terrorists amendment is not what we need to be men and women fighting over there who wish us harm. doing there. Our effort needs to be left know the price tag they are paying, I have no doubt that President in the hands of our military leaders but they also know that our failure to Obama and every Member of this House there and they are going as quickly as win in Afghanistan and meet the goals believes that their very first duty is to they can in their responsible way. we have is a far greater price tag for us keep our Nation safe. We must con- Mr. MCGOVERN. Mr. Chairman, for to pay. That is why we should defeat stantly challenge one another and our the sake of our troops and our country, this amendment. Nation to fight smarter and harder to I urge support of this amendment. Mr. MCGOVERN. Mr. Chairman, I ensure victory in this broader struggle. I yield 1 minute to the minority lead- yield 3 minutes to the distinguished I rise in support of this amendment er, the gentlewoman from California minority whip, the gentleman from and urge its adoption. (Ms. PELOSI). Maryland (Mr. HOYER). Ms. PELOSI. I thank the gentleman Mr. HOYER. I thank the gentleman b 1120 for yielding and thank him for his lead- for yielding. Mr. MCKEON. Mr. Chairman, I yield 2 ership and working with Congressman I ask the previous speaker to go in minutes to my friend and colleague, WALTER JONES on this bipartisan his community to all those same insti- the chairman of the Oversight and In- amendment, which has been brought to tutions and see what they say. vestigations Subcommittee of the the floor. They have worked again in a I rise in support of this amendment Armed Services Committee, the gen- bipartisan way, in a patriotic way, to as one who has supported this effort for tleman from Virginia (Mr. WITTMAN). ensure that U.S. troops are brought all 10 years that we have been at it. In Mr. WITTMAN. Mr. Chairman, I too home from Afghanistan safely and ex- 2001, in response to the attacks of 9/11, was recently in Afghanistan there vis- peditiously. the United States began a war in Af- iting our troops, visiting the folks on Listening to the debate, it’s inter- ghanistan that targeted Osama bin the ground there, getting briefings esting because I don’t know that we Laden, al Qaeda, and the Taliban, about what’s going on. This amend- are that far apart because we all want

VerDate Mar 15 2010 04:25 May 27, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.032 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3698 CONGRESSIONAL RECORD — HOUSE May 26, 2011 to ensure the national security of our keeping the American people safe. I take: in overwhelming numbers, the country. We all respect our men and commend them and CIA Director Pa- American people think we have done women in uniform and the job that netta for his leadership in the Osama our job there in terms of helping the they are doing to keep us the land of bin Laden operation. Afghan people. Our purpose there was the free and the home of the brave. But back to the specific point of this to protect the American people. We can We respect them when they come amendment. I have gone to Afghani- do both by focusing more on the civil- home as our veterans, but we have to stan year after year after year, never ian side of governance issues and how know that involvement of nearly 10 thinking that we would be engaged in Afghanistan is governed on anti-cor- years has serious consequences for our the longest war in America’s history. ruption issues. And our initiatives that country. The first 7 years, not even a plan; but I have seen there on this recent trip I told the President of Afghanistan now the President has put into motion are an improvement over the past, by on my recent visit this spring that how we make judgments about how we training the national security forces of each time I go there I say the Amer- stay and how we leave. Afghanistan, be it police or the mili- ican people are growing tired of war; If you visit the women in Afghani- tary, so they can maintain their own we are weary of war. We went into Af- stan, as many women in the Congress security, and by diplomatically enlist- ghanistan in the fall of 2001. For about have done and some of our male col- ing other countries in the region be- 7 years, there was no plan. There was leagues as well, they will tell you cause they all have a vested interest in no plan on how we would execute what whether you are talking to educated the stability of Afghanistan. we went to do and how we would leave. women in Kabul, but really more rel- But an open-ended, unending war When President Obama became evant to me, poor, poor women in the there, which is costly but is nothing President, many of us who were eager provinces, they are all saying the same compared to the cost of the loss of our to bring our troops home gave him a thing. young men and women, that’s our first chance to put forth a plan, which he I visited a group of women in the and foremost concern. But there is also did, which calls for the drawdown of province of Zabul, just as I have visited the cost in dollars, the cost in oppor- troops in July 2011, and drawing down a number of provinces and spoken to tunity and in military strength. This more completely by 2014. the women across Afghanistan. The involvement and engagement in Af- President Obama himself had said women in Zabul said we really want to ghanistan is not strengthening our earlier this month, I have already educate our daughters, we want to military. made a commitment that starting in have access to health care clinics and So Americans are paying a big price. July of this year we are drawing down the rest, but we can’t have that until We want to make sure we are getting a troops and we are transitioning. We are we have security, and we can’t have se- return on that investment, and time is training Afghan forces so they can curity until we end corruption. a very important factor. It’s time for start securing their own country. There are many things going on in our troops to come home. And I thank The President went on to say we Afghanistan that must change. There Mr. MCGOVERN and Mr. JONES for their don’t need to have a perpetual foot- will be a better chance for change if we leadership. print of the size we have now. So, make an investment in the civilian Mr. MCKEON. Mr. Chairman, might I therefore, I think it’s really important side of this transition, whether it’s di- inquire as to the time remaining. for us to know what this amendment plomacy, whether it’s part of the con- The Acting CHAIR. The gentleman does that I think reflects the mood of struction. They tell me not to say re- from California has 21⁄4 minutes re- the American people. construction because not much was maining. The time of the gentleman It requires within 60 days of enact- there before. Construction there in- from Massachusetts has expired. ment, a plan and time frame for the ac- cludes building schools. We visited lit- Mr. MCKEON. Mr. Chairman, I yield celerated transition of military and se- tle schools and schools in different the balance of my time to my friend curity operations to the Government of parts of Afghanistan. It’s very encour- and colleague, the vice chairman of the Afghanistan; within 60 days of enact- aging. Armed Services Committee and chair- ment, a plan and time frame for nego- Our troops know that we have to man of the Subcommittee on Emerging tiations leading to a political solution leave, that we have to transition out. Threats and Capabilities, the gen- and reconciliation in Afghanistan, and But as I told President Karzai also, we tleman from Texas (Mr. THORNBERRY). within 90 days of enactment, a Na- didn’t come here, and we are not stay- Mr. THORNBERRY. Thank you, Mr. tional Intelligence Estimate on leader- ing here 10 years so that when we leave Chairman. ship, location and capabilities of al women return to the subjugated posi- It is always tempting to say we ought Qaeda and affiliated networks and tion they were in under the Taliban. to have a plan, but I think the purpose cells. So the answer to that is women must of this amendment is clear. It is to Who can be against that? Who can be be at the table when you have the ne- drive us out of Afghanistan on an ac- against that? We are talking about 60 gotiations for reconciliation of the celerated time frame without regard days a plan for transition, and 60 days leadership of the Taliban, and re- for the conditions on the ground. And a plan for negotiations. integration of rank-and-file members that is not only a mistake in strategy I appreciate the efforts of this of the Taliban. As we move toward and detrimental to our security inter- amendment, as it underscores the im- more stability in Afghanistan, women ests; it actually increases the danger to portance of having a plan and a time must play a role. Women in America, our troops and to coalition troops as frame for a transition of responsibility, women throughout the world care well. a transition of responsibility for secu- about how this all turns out there. Timelines undermine their efforts. It rity and stability to the Afghans so So here we are, almost 10 years later discourages your friends, because they that we can bring our troops home. in a situation where we just want to know you’re not going to be there very The National Intelligence Estimate have some management of this issue. long, it encourages your enemies be- on al Qaeda that is called for in the cause that helps them plan their as- plan will also help ensure our policy- b 1130 sault against you, and it ensures that makers that they have updated infor- Let’s have a plan for how negotia- anybody on the fence hedges their bets mation on the threat posed by al Qaeda tions will take place. Let’s have a plan because they know that you’re not and its affiliates who remain a threat after we see the National Intelligence going to be around for very long. even following the death of Osama bin Estimate based on what the al Qaeda And, Mr. Chairman, it occurs to me Laden. Careful intelligence analysis is threat is. at a time when our government is essential to keeping the American peo- This is a very wise amendment. I wanting President Karzai to make dif- ple safe. thank Mr. MCGOVERN and Mr. JONES ficult decisions, it is not particularly So as I salute our men and women in for how they put it together because it helpful for the minority leader to go uniform, I also want to salute our men is very reasonable. It has a goal in over there and tell him how tired we and women in the intelligence commu- sight. It has a reasonable approach as are. Is that persuasive? Does that help nity who are an important part of to how we get there. But make no mis- him make the tough decisions to end

VerDate Mar 15 2010 04:25 May 27, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.035 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3699 corruption and to stand up the Afghan the whole-of-government vision prescribed in (b) REPORT.—The report required in sub- police? Somehow I don’t think so. the National Security Strategy; section (a) shall contain, at minimum, the Mr. Chairman, I want our troops to (2) a timeline for specific actions taken following information: come home as soon as they possibly and planned to be taken by the President (1) AMOUNT AND FORM OF CERTAIN MATE- and the Executive agencies to implement RIALS.—The amount and form of fluorescent can too, but I do not want the consider- each component of the whole-of-government lighting materials containing rare earth able sacrifice of blood and treasure vision prescribed in the National Security phosphors, such as terbium, europium, and that they have expended to be thrown Strategy; yttrium, and the amount of neodymium iron away because of political impatience. (3) an outline of specific actions desired or boron magnets containing neodymium and That was the exact concern that nu- required by Congress to achieve each compo- dysprosium, currently being disposed of by merous servicemen voiced to me when nent of the whole-of-government vision pre- or on behalf of the Department of Defense. (2) ESTIMATE OF AMOUNTS.—An estimate of I was there with Speaker BOEHNER last scribed in the National Security Strategy, the amount of rare earth phosphors con- month. They worry that Washington including suggested timing and sequencing of actions proposed for Congress and the Ex- tained in such lighting materials and rare would throw away the important ecutive agencies; earth metal, alloy, and magnet material that progress they have fought and died for. (4) any progress made and challenges or ob- is potentially available for recycling but is Last Saturday, Mr. Chairman, in my stacles encountered in implementing each not currently recovered, using data from the district was a banquet to honor Armed component of the whole-of-government vi- most recent year for which a reasonable esti- Services Day. There were more than sion prescribed in the National Security mate can be made. 1,200 veterans, people who are serving, Strategy; and (3) FEASIBILITY OF RECOVERY.—The feasi- (5) such other information as the President bility and desirability of recovering such the people who have served and their rare earth phosphors and magnet materials families. And numerous Gold Star fam- determines is necessary to understand progress in implementing each component of and making this material available for re- ilies were there. The theme of the the whole-of-government vision prescribed in processing back into separated rare earth night was persistence. And you can tell the National Security Strategy. elements or reused as rare earth magnet ma- from those families that have suffered (b) ANNUAL UPDATES.—Not later than De- terials by private-sector entities. the most and from those veterans that cember 1 of each subsequent year, the Presi- (c) DEFINITION.—For purposes of this sec- they did not want to have their sac- dent shall submit to the appropriate congres- tion, the term ‘‘rare earth’’ means any of the following chemical elements in any of their rifice squandered away because of some sional committees an update of the imple- mentation plan required under subsection physical forms or chemical combinations: Washington political compromise. (1) Scandium. (a). Each such update shall include an expla- Mr. Chairman, I would suggest we (2) Yttrium. nation of— (3) Lanthanum. need to learn from them and be in- (1) progress made in achieving each organi- (4) Cerium. spired from them and reject this zational goal; and (5) Praseodymium. amendment. (2) modifications necessary to the imple- (6) Neodymium. The Acting CHAIR. The question is mentation plan. (7) Promethium. on the amendment offered by the gen- (c) DEFINITIONS.—In this section: (1) The term ‘‘appropriate congressional (8) Samarium. tleman from Massachusetts (Mr. (9) Europium. committees’’ means— MCGOVERN). (10) Gadolinium. (A) the congressional defense committees; The question was taken; and the Act- (11) Terbium. (B) the Committee on Foreign Relations, (12) Dysprosium. ing Chair announced that the noes ap- Select Committee on Intelligence, Com- (13) Holmium. peared to have it. mittee on Homeland Security and Govern- (14) Erbium. Mr. MCGOVERN. On that I ask for a ment Affairs, Committee on the Budget, (15) Thulium. recorded vote. Committee on the Judiciary, and Committee (16) Ytterbium. on Appropriations in the Senate; and The Acting CHAIR. Pursuant to (17) Lutetium. clause 6 of rule XVIII, further pro- (C) the Committee on Foreign Affairs, Per- manent Select Committee on Intelligence, AMENDMENT NO. 88 OFFERED BY MR. COFFMAN ceedings on the amendment offered by OF COLORADO the gentleman from Massachusetts will Committee on Homeland Security, Com- mittee on the Budget, Committee on the Ju- Page 203, after line 12, insert the following: be postponed. diciary, Committee on Oversight and Gov- SEC. 547. REPORT ON TUITION ASSISTANCE PRO- AMENDMENTS EN BLOC NO. 3 OFFERED BY MR. ernment Reform, and Committee on Appro- GRAM FOR OFF-DUTY TRAINING OR MC KEON priations in the House of Representatives. EDUCATION. Not later than 270 days after the date of Mr. MCKEON. Mr. Chairman, pursu- (2) The term ‘‘Executive agency’’ has the the enactment of this Act, the Secretary of meaning given that term by section 105 of ant to H. Res. 276, I offer amendments Defense shall submit to the Committees on en bloc. title 5, United States Code. Armed Services of the Senate and House of The Acting CHAIR. The Clerk will AMENDMENT NO. 86 OFFERED BY MR. CARNAHAN Representatives a report on methods to in- designate the amendments en bloc. Page 612, after line 11, insert the following: crease the efficiency of the tuition assist- (c) LIMITATION.—Notwithstanding any Amendments en bloc No. 3 consisting of ance program under section 2007 of title 10, other provision of this section, 25 percent of amendment Nos. 70, 85, 86, 87, 88, 90, 91, 92, 93, United States Code. Such report shall in- the funds made available to the Department 94, 95, 97, 101, 102, 103, 104, and 105 printed in clude— of Defense for the Afghanistan Security (1) a description of the effect of the pro- House Report 112–88 offered by Mr. MCKEON Forces Fund for fiscal year 2012 may not be of California: gram on recruiting and retention within the used to carry out contracts unless the Sec- Armed Forces; AMENDMENT NO. 70 OFFERED BY MR. PETRI retary of Defense certifies to Congress that (2) an analysis of other programs that pro- Page 775, line 8, insert ‘‘, including elec- the Department of Defense has sufficient vide benefits similar to those provided tricity and direct use’’ after ‘‘Solar’’. management and oversight mechanisms on through the program, including the use of AMENDMENT NO. 85 OFFERED BY MR. BOUSTANY such contracts. educational assistance programs under chap- Page 507, after line 2, insert the following: AMENDMENT NO. 87 OFFERED BY MR. COFFMAN ters 30 and 33 of title 38, United States Code, for education and training pursued by mem- SEC. 1078. IMPLEMENTATION PLAN FOR WHOLE- OF COLORADO OF-GOVERNMENT VISION PRE- At the end of subtitle G of title X, add the bers of the Armed Forces serving on active SCRIBED IN THE NATIONAL SECU- following new section: duty while they are off-duty; and RITY STRATEGY. SEC. 1078. REPORT ON A DEPARTMENT OF DE- (3) a description of the effects of modifying (a) IMPLEMENTATION PLAN.—Not later than FENSE RECYCLING PROGRAM FOR the program to require members of the 270 days after the date of the enactment of RARE EARTH MATERIALS. Armed Forces participating in the program this Act, the President shall submit to the (a) REQUIREMENT FOR REPORT.—Not later to pay for 25 percent of their education ex- appropriate congressional committees an im- than 180 days after the date of the enactment penses and the Secretary concerned to pay plementation plan for achieving the whole- of this Act, the Secretary of Defense shall the remaining 75 percent of such expenses. of-government integration vision prescribed prepare and submit to the congressional de- AMENDMENT NO. 90 OFFERED BY MR. CONNOLLY in the President’s National Security Strat- fense committees a report on the feasibility OF VIRGINIA egy of May 2010. The implementation plan and desirability of recycling, recovering, and At the end of subtitle F of title XXVIII add shall include— reprocessing rare earth elements, including the following new section: (1) a description of ongoing and future ac- fluorescent lighting in Department of De- SEC. 2864. REPORT ON THE HOMEOWNERS AS- tions planned to be taken by the President fense facilities and neodymium iron boron SISTANCE PROGRAM. and the Executive agencies to implement or- magnets used in weapon systems and com- Not later than 180 days after the date of ganizational changes, programs, and any mercial off-the-shelf items such as computer enactment of this Act, the Secretary of De- other efforts to achieve each component of hard drives. fense shall submit to Congress a report on

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.037 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3700 CONGRESSIONAL RECORD — HOUSE May 26, 2011 the Homeowners Assistance Program under vate and public acquisition colleges and of General Services a sufficient budget for the Demonstration Cities and Metropolitan training facilities; such activities.’’. Development Act of 1966 (42 U.S.C. 3374). The ‘‘(7) evaluate the effectiveness of training (c) GOVERNMENT-WIDE TRAINING STANDARDS report shall include the following: and career development programs for acqui- AND CERTIFICATION.—Section 1703 of title 41, (1) The estimated cost if eligibility were sition personnel; United States Code, is amended— expanded to include permanent change of ‘‘(8) promote the establishment and utiliza- (1) in subsection (c)(2)— station applicants who purchased a home tion of academic programs by colleges and (A) by striking ‘‘The Administrator shall’’ after July 1, 2006, and before July 1, 2008. universities in acquisition fields; and inserting the following: (2) The estimated cost if eligibility were ‘‘(9) facilitate, to the extent requested by ‘‘(A) IN GENERAL.—The Administrator expanded to include members of the Armed agencies, interagency intern and training shall’’; and Forces under paragraph (1) and permanent programs; and (B) by adding at the end the following: change of station applicants who received ‘‘(10) perform other career management or ‘‘(B) GOVERNMENT-WIDE TRAINING STAND- permanent change of station orders after research functions as directed by the Admin- ARDS AND CERTIFICATION.—The Adminis- September 30, 2010, and before September 30, istrator. trator, acting through the Federal Acquisi- 2011. ‘‘(b) BUDGET RESOURCES AND AUTHORITY.— tion Institute, shall provide and update gov- (3) The estimated number of members of ‘‘(1) IN GENERAL.—The Director of the Of- ernment-wide training standards and certifi- the Armed Forces who received permanent fice of Management and Budget and the Ad- cation requirements, including— change of station orders after September 30, ministrator of General Services shall provide ‘‘(i) developing and modifying acquisition 2010, and before September 30, 2011, and who the Federal Acquisition Institute with the certification programs; suffered a decline of at least a 10 percent in necessary budget resources and authority to ‘‘(ii) ensuring quality assurance for agency home value from the date of purchase to the support government-wide training standards implementation of government-wide training date of sale. and certification requirements necessary to and certification standards; AMENDMENT NO. 91 OFFERED BY MR. CONNOLLY enhance the mobility and career opportuni- ‘‘(iii) analyzing the acquisition training OF VIRGINIA ties of the Federal acquisition workforce. curriculum to ascertain if all certification At the end of title VIII, add the following ‘‘(2) ACQUISITION WORKFORCE TRAINING competencies are covered or if adjustments new section: FUND.—Subject to the availability of funds, are necessary; SEC. 8ll. ACQUISITION WORKFORCE IMPROVE- the Administer of General Services shall pro- ‘‘(iv) developing career path information MENTS. vide the Federal Acquisition Institute with for certified professionals to encourage re- (a) WORKFORCE IMPROVEMENTS.—Section amounts from the acquisition workforce tention in government positions; 1704(b) of title 41, United States Code, is training fund established under section ‘‘(v) coordinating with the Office of Per- amended— 1703(i) of this title sufficient to meet the an- sonnel Management for human capital ef- (1) by inserting after the first sentence the nual budget for the Federal Acquisition In- forts; and following: ‘‘The Associate Administrator stitute requested by the Administrator for ‘‘(vi) managing rotation assignments to shall be chosen on the basis of demonstrated Federal Procurement Policy. support opportunities to apply skills in- knowledge and expertise in acquisition, ‘‘(c) FEDERAL ACQUISITION INSTITUTE BOARD cluded in certification.’’; and human capital, and management.’’; OF DIRECTORS.— (2) by adding at the end the following new (2) by striking ‘‘The Associate Adminis- ‘‘(1) REPORTING TO ADMINISTRATOR.—The subsection: trator for Acquisition Workforce Programs Federal Acquisition Institute shall report ‘‘(l) ACQUISITION INTERNSHIP AND TRAINING shall be located in the Federal Acquisition through its Board of Directors directly to PROGRAMS.—All Federal civilian agency ac- Institute (or its successor).’’ and inserting the Administrator for Federal Procurement quisition internship or acquisition training ‘‘The Associate Administrator shall be lo- Policy. programs shall follow guidelines provided by cated in the Office of Federal Procurement ‘‘(2) COMPOSITION.—The Board shall be the Office of Federal Procurement Policy to Policy.’’; composed of not more than 8 individuals ensure consistent training standards nec- (3) in paragraph (4), by striking ‘‘; and’’ and from the Federal Government representing a essary to develop uniform core competencies inserting a semicolon; mix of acquisition functional areas, all of throughout the Federal Government.’’. (4) by redesignating paragraph (5) as para- whom shall be appointed by the Adminis- (d) EXPANDED SCOPE OF ACQUISITION WORK- graph (6); and trator. FORCE TRAINING FUND.—Section 1703(i) of (5) by inserting after paragraph (4) the fol- ‘‘(3) DUTIES.—The Board shall provide gen- such title is amended— lowing new paragraph: eral direction to the Federal Acquisition In- (1) in paragraph (2), by striking ‘‘to sup- ‘‘(5) implementing workforce programs stitute to ensure that the Institute— port the training of the acquisition work- under subsections (f) through (k) of section ‘‘(A) meets its statutory requirements; force of the executive agencies’’ and insert- 1703 of this title; and’’. ‘‘(B) meets the needs of the Federal acqui- ing ‘‘to support the activities set forth in (b) FEDERAL ACQUISITION INSTITUTE.— sition workforce; section 1201(a) of this title’’; and (1) IN GENERAL.—Division B of title 41, ‘‘(C) implements appropriate programs; (2) in paragraph (6), by striking ‘‘ensure United States Code, is amended by inserting ‘‘(D) coordinates with appropriate organi- that amounts collected for training under after chapter 11 the following new chapter: zations and groups that have an impact on this subsection are not used for a purpose ‘‘CHAPTER 12—FEDERAL ACQUISITION the Federal acquisition workforce; other than the purpose specified in para- INSTITUTE ‘‘(E) develops and implements plans to graph (2)’’ and inserting ‘‘ensure that ‘‘Sec. meet future challenges of the Federal acqui- amounts collected under this section are not ‘‘1201. Federal Acquisition Institute. sition workforce; and used for a purpose other than the activities ‘‘(F) works closely with the Defense Acqui- set forth in section 1201(a) of this title’’. ‘‘§ 1201. Federal Acquisition Institute sition University. (e) RULE OF CONSTRUCTION.—Nothing in ‘‘(a) IN GENERAL.—There is established a ‘‘(4) RECOMMENDATIONS.—The Board shall this section, or the amendments made by Federal Acquisition Institute (FAI) in order make recommendations to the Adminis- this section, shall be construed to preclude to— trator regarding the development and execu- the Secretary of Defense from establishing ‘‘(1) foster and promote the development of tion of the annual budget of the Federal Ac- acquisition workforce policies, procedures, a professional acquisition workforce Govern- quisition Institute. training standards, and certification require- ment-wide; ‘‘(d) DIRECTOR.—The Director of the Fed- ments for acquisition positions in the De- ‘‘(2) promote and coordinate Government- eral Acquisition Institute shall be appointed partment of Defense, as provided in chapter wide research and studies to improve the by, and report directly to, the Adminis- 87 of title 10, United States Code. procurement process and the laws, policies, trator. AMENDMENT NO. 92 OFFERED BY MR. CONNOLLY methods, regulations, procedures, and forms ‘‘(e) ANNUAL REPORT.—The Administrator OF VIRGINIA relating to acquisition by the executive shall submit to the Committee on Homeland At the end of title XI, add the following agencies; Security and Governmental Affairs and the new section: ‘‘(3) collect data and analyze acquisition Committee on Appropriations of the Senate workforce data from the Office of Personnel and the Committee on Oversight and Govern- SEC. 11ll. FEDERAL INTERNSHIP PROGRAMS. Management, the heads of executive agen- ment Reform and the Committee on Appro- (a) IN GENERAL.—Subchapter I of chapter cies, and, through periodic surveys, from in- priations of the House of Representatives an 31 of title 5, United States Code, is amended dividual employees; annual report on the projected budget needs by inserting after section 3111 the following: ‘‘(4) periodically analyze acquisition career and expense plans of the Federal Acquisition ‘‘§ 3111a. Federal internship programs fields to identify critical competencies, du- Institute to fulfill its mandate.’’. ‘‘(a) INTERNSHIP COORDINATOR.—The head ties, tasks, and related academic pre- (2) CONFORMING AMENDMENT.—Section of each agency operating an internship pro- requisites, skills, and knowledge; 1122(a)(5) of such title is amended to read as gram shall appoint an individual within such ‘‘(5) coordinate and assist agencies in iden- follows: agency to serve as an internship coordinator. tifying and recruiting highly qualified can- ‘‘(5) providing for and directing the activi- ‘‘(b) ONLINE INFORMATION.— didates for acquisition fields; ties of the Federal Acquisition Institute es- ‘‘(1) AGENCIES.—The Office of Personnel ‘‘(6) develop instructional materials for ac- tablished under section 1201 of this title, in- Management shall make publicly available quisition personnel in coordination with pri- cluding recommending to the Administrator on the Internet—

VerDate Mar 15 2010 04:25 May 27, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.032 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3701

‘‘(A) the name and contact information of ‘‘(2) the term ‘intern’ means an individual (1) IN GENERAL.—Chapter 58 of title 10, the internship coordinator for each agency; participating in an internship program; and United States Code, is amended by adding at and ‘‘(3) the term ‘agency’ means an Executive the end the following new section: ‘‘(B) information regarding application agency.’’. ‘‘§ 1154. Assistance to eligible members to ob- (b) CLERICAL AMENDMENT.—The table of procedures and deadlines for each internship tain employment as teachers: Troops-to- sections for chapter 31 of title 5, United program. Teachers Program ‘‘(2) OFFICE OF PERSONNEL MANAGEMENT.— States Code, is amended by inserting after The Office of Personnel Management shall the item relating to section 3111 the fol- ‘‘(a) DEFINITIONS.—In this section: make publicly available on the Internet lowing: ‘‘(1) PROGRAM.—The term ‘Program’ means links to the websites where the information ‘‘3111a. Federal internship programs.’’. the Troops-to-Teachers Program authorized described in paragraph (1) is displayed. AMENDMENT NO. 93 OFFERED BY MR. CONNOLLY by this section. ‘‘(c) CENTRALIZED DATABASE.—The Office OF VIRGINIA ‘‘(2) CHARTER SCHOOL.—The term ‘charter shall establish and maintain a centralized Page 46, after line 8, insert the following: school’ has the meaning given that term in electronic database that contains the names, SEC. 147. PROCUREMENT OF TENTS OR OTHER section 5210 of the Elementary and Sec- contact information, and relevant skills of TEMPORARY STRUCTURES. ondary Education Act of 1965 (20 U.S.C. individuals who have completed or are near- (a) IN GENERAL.—In procuring tents or 7221i). ing completion of an internship program and other temporary structures for use by the ‘‘(3) ADDITIONAL TERMS.—The terms ‘ele- are currently seeking full-time Federal em- Armed Forces, and in establishing or main- mentary school’, ‘highly qualified teacher’, ployment. taining an alternative source for such tents ‘local educational agency’, ‘secondary ‘‘(d) EXIT INTERVIEW REQUIREMENT.—The and structures, the Secretary of Defense school’, and ‘State’ have the meanings given agency operating an internship program shall award contracts that provide the best those terms in section 9101 of the Elemen- shall conduct an exit interview, and admin- value to the United States. In determining tary and Secondary Education Act of 1965 (20 ister a survey (which shall be in conformance the best value to the United States under U.S.C. 7801). with such guidelines or requirements as the this section, the Secretary shall consider the ‘‘(b) PROGRAM AUTHORIZATION.—The Sec- Office shall establish to ensure uniformity total life-cycle costs of such tents or struc- retary of Defense may carry out a program across agencies), with each intern who com- tures, including the costs associated with (to be known as the ‘Troops-to-Teachers Pro- pletes such program. any equipment or fuel needed to heat or cool gram’)— ‘‘(e) REPORT.— such tents or structures. ‘‘(1) to assist eligible members of the ‘‘(1) IN GENERAL.—The head of each agency (b) INTERAGENCY PROCUREMENT.—The re- armed forces described in subsection (c) to operating an internship program shall annu- quirements of this section shall apply to any obtain certification or licensing as elemen- ally submit to the Office a report assessing agency or department of the United States tary school teachers, secondary school such internship program. that procures tents or other temporary teachers, or vocational or technical teachers, ‘‘(2) CONTENTS.—Each report required structures on behalf of the Department of and to become highly qualified teachers; and under paragraph (1) for an agency shall in- Defense. ‘‘(2) to facilitate the employment of such clude, for the 1-year period ending on Sep- AMENDMENT NO. 94 OFFERED BY MR. CARSON OF members— tember 1 of the year in which the report is INDIANA ‘‘(A) by local educational agencies or pub- submitted— At the end of subtitle H of title V, add the lic charter schools that the Secretary of ‘‘(A) the number of interns who partici- following new section: Education identifies as— pated in an internship program at such agen- SEC. 5ll. MATTERS COVERED BY ‘‘(i) receiving grants under part A of title cy; PRESEPARATION COUNSELING FOR I of the Elementary and Secondary Edu- ‘‘(B) information regarding the demo- MEMBERS OF THE ARMED FORCES cation Act of 1965 (20 U.S.C. 6311 et seq.) as a graphic characteristics of interns at such AND THEIR SPOUSES. result of having within their jurisdictions agency, including educational background; Section 1142(b) of title 10, United States concentrations of children from low-income ‘‘(C) a description of the steps taken by Code, is amended— families; such agency to increase the percentage of in- (1) in paragraph (5), by striking ‘‘job place- ‘‘(ii) experiencing a shortage of highly terns who are offered permanent Federal jobs ment counseling for the spouse’’ and insert- qualified teachers, in particular a shortage and the percentage of interns who accept the ing ‘‘inclusion of the spouse, at the discre- of science, mathematics, special education, offers of such jobs, and any barriers encoun- tion of the member and the spouse, when or vocational or technical teachers; or tered; counseling regarding the matters covered by ‘‘(iii) a Bureau-funded school (as such term ‘‘(D) a description of activities engaged in paragraphs (9), (10), and (16) is provided, job is defined in section 1141 of the Education by such agency to recruit new interns, in- placement counseling for the spouse, and the Amendments of 1978 (25 U.S.C. 2021)); and cluding locations and methods; provision of information on survivor benefits ‘‘(B) in elementary schools or secondary ‘‘(E) a description of the diversity of work available under the laws administered by the schools, or as vocational or technical teach- roles offered within internship programs at Secretary of Defense or the Secretary of Vet- ers. such agency; erans Affairs’’; ‘‘(c) ELIGIBILITY AND APPLICATION PROC- ‘‘(F) a description of the mentorship por- (2) in paragraph (9), by inserting before the ESS.— tion of such internship programs; and period the following: ‘‘, including informa- ‘‘(1) ELIGIBLE MEMBERS.—The following ‘‘(G) a summary of exit interviews con- tion on budgeting, saving, credit, loans, and members of the armed forces are eligible for ducted and surveys administered by such taxes’’; selection to participate in the Program: agency with respect to interns upon their (3) in paragraph (10), by striking ‘‘and em- ‘‘(A) Any member who— completion of an internship program at such ployment’’ and inserting ‘‘, employment, and ‘‘(i) on or after the date of the enactment agency. financial’’; of the National Defense Authorization Act ‘‘(3) SUBMISSION.—Each report required (4) by striking paragraph (16) and inserting for Fiscal Year 2011, becomes entitled to re- under paragraph (1) shall be submitted to the the following new paragraph: tired or retainer pay under this title or title Office between September 1 and September ‘‘(16) Information on home loan services 14; 30 of each year. Not later than December 30 and housing assistance benefits available ‘‘(ii) has an approved date of retirement of each year, the Office shall submit to Con- under the laws administered by the Sec- that is within one year after the date on gress a report summarizing the information retary of Veterans Affairs and counseling on which the member submits an application to submitted to the Office in accordance with responsible borrowing practices.’’; and participate in the Program; or paragraph (1) for such year. (5) in paragraph (17), by inserting before ‘‘(iii) transfers to the Retired Reserve. ‘‘(f) DEFINITIONS.—For purposes of this sec- the period the following: ‘‘, and information ‘‘(B) Any member who, on or after the date tion— regarding the means by which the member of the enactment of the National Defense ‘‘(1) the term ‘internship program’ means— can receive additional counseling regarding Authorization Act for Fiscal Year 2011— ‘‘(A) a volunteer service program under the member’s actual entitlement to such ‘‘(i)(I) is separated or released from active section 3111(b); benefits and apply for such benefits’’. duty after 4 or more years of continuous ac- ‘‘(B) the Student Educational Employment AMENDMENT NO. 95 OFFERED BY MR. COURTNEY tive duty immediately before the separation Program (hereinafter ‘SCEP’), as established At the end of subtitle E of title V, add the or release; or under section 213.3202 of title 5 of the Code of following new section: ‘‘(II) has completed a total of at least ten Federal Regulations (as in effect on January SEC. 547. TROOPS-TO-TEACHERS PROGRAM. years of active duty service, 10 years of serv- 1, 2009); and (a) TRANSFER OF FUNCTIONS.—The responsi- ice computed under section 12732 of this ‘‘(C) a program operated by a nongovern- bility and authority for operation and ad- title, or 10 years of any combination of such ment organization for the purpose of pro- ministration of the Troops-to-Teachers Pro- service; and viding paid internships in agencies pursuant gram is transferred from the Secretary of ‘‘(ii) executes a reserve commitment agree- to a written agreement comparable to an Education to the Secretary of Defense. ment for a period of not less than 3 years SCEP agreement under section 213.3202(b)(12) (b) ENACTMENT AND MODIFICATION OF PRO- under paragraph (5)(B). of title 5 of the Code of Federal Regulations GRAM AUTHORITY IN TITLE 10, UNITED STATES ‘‘(C) Any member who, on or after the date (as in effect on January 1, 2009); CODE.— of the enactment of the National Defense

VerDate Mar 15 2010 04:25 May 27, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.034 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3702 CONGRESSIONAL RECORD — HOUSE May 26, 2011 Authorization Act for Fiscal Year 2011, is re- a reserve component of the armed forces for ‘‘(B) The total number of bonuses that may tired or separated for physical disability a period of not less than 3 years (in addition be paid under subparagraph (A) in any fiscal under chapter 61 of this title. to any other reserve commitment the mem- year may not exceed 3,000. ‘‘(2) SUBMITTAL OF APPLICATIONS.—(A) Se- ber may have). ‘‘(C) For purposes of subparagraph (A), the lection of eligible members of the armed ‘‘(d) PARTICIPATION AGREEMENT AND FINAN- term ‘high-need school’ means a public ele- forces to participate in the Program shall be CIAL ASSISTANCE.— mentary school, public secondary school, or made on the basis of applications submitted ‘‘(1) PARTICIPATION AGREEMENT.—(A) An el- public charter school that meets one or more to the Secretary. An application shall be in igible member of the armed forces selected of the following criteria: such form and contain such information as to participate in the Program under sub- ‘‘(i) At least 50 percent of the students en- the Secretary may require. section (c) and receive financial assistance rolled in the school were from low-income ‘‘(B) An application may be considered to under this subsection shall be required to families (as described in subsection be submitted on a timely basis under sub- enter into an agreement with the Secretary (b)(2)(A)(i)). paragraph (A)(i), (B), or (C) of paragraph (1) in which the member agrees— ‘‘(ii) The school has a large percentage of if the application is submitted not later than ‘‘(i) within such time as the Secretary may students who qualify for assistance under 2 years after the date on which the member require, to obtain certification or licensing part B of the Individuals with Disabilities is retired or separated or released from ac- as an elementary school teacher, secondary Education Act (20 U.S.C. 1411 et. seq.). tive duty, whichever applies to the member. school teacher, or vocational or technical ‘‘(5) TREATMENT OF STIPEND AND BONUS.—A ‘‘(3) SELECTION CRITERIA; EDUCATIONAL teacher, and to become a highly qualified stipend or bonus paid under this subsection BACKGROUND REQUIREMENTS AND HONORABLE teacher; and to a participant in the Program shall be SERVICE REQUIREMENT.—(A) Subject to sub- ‘‘(ii) to accept an offer of full-time employ- taken into account in determining the eligi- paragraphs (B) and (C), the Secretary shall ment as an elementary school teacher, sec- bility of the participant for Federal student prescribe the criteria to be used to select eli- ondary school teacher, or vocational or tech- financial assistance provided under title IV gible members of the armed forces to partici- nical teacher for not less than three school of the Higher Education Act of 1965 (20 U.S.C. pate in the Program. years with a local educational agency receiv- 1070 et. seq.). ‘‘(B)(i) If a member of the armed forces is ‘‘(e) REIMBURSEMENT UNDER CERTAIN CIR- applying for assistance for placement as an ing grants under part A of title I of the Ele- CUMSTANCES.— elementary school or secondary school mentary and Secondary Education Act of ‘‘(1) REIMBURSEMENT REQUIRED.—A partici- teacher, the Secretary shall require the 1965 (20 U.S.C.6311 et seq.), a Bureau-funded pant in the Program who is paid a stipend or member to have received a baccalaureate or school (as such term is defined in section bonus under subsection (d) shall be required advanced degree from an accredited institu- 1141 of the Education Amendments of 1978 (25 to repay the stipend or bonus under the fol- tion of higher education. U.S.C. 11 2021)), or a public charter school. lowing circumstances: ‘‘(ii) If a member of the armed forces is ap- ‘‘(B) The Secretary may waive the three- ‘‘(A) The participant fails to obtain teach- plying for assistance for placement as a vo- year commitment described in subparagraph er certification or licensing, to become a cational or technical teacher, the Secretary (A)(ii) for a participant if the Secretary de- highly qualified teacher, or to obtain em- shall require the member— termines the waiver to be appropriate. If the ployment as an elementary school teacher, ‘‘(I) to have received the equivalent of one Secretary provides the waiver, the partici- year of college from an accredited institu- pant shall not be considered to be in viola- secondary school teacher, or vocational or tion of higher education and have 3 or more tion of the agreement and shall not be re- technical teacher as required by the partici- years of military experience in a vocational quired to provide reimbursement under sub- pation agreement under subsection (d)(1). or technical field; or section (e), for failure to meet the three-year ‘‘(B) The participant voluntarily leaves, or ‘‘(II) to otherwise meet the certification or commitment. is terminated for cause from, employment as licensing requirements for a vocational or ‘‘(2) VIOLATION OF PARTICIPATION AGREE- an elementary school teacher, secondary technical teacher in the State in which the MENT; EXCEPTIONS.—A participant in the Pro- school teacher, or vocational or technical member seeks assistance for placement gram shall not be considered to be in viola- teacher during the 3 years of required service under the Program. tion of the participation agreement entered in violation of the participation agreement. ‘‘(C) A member of the armed forces is eligi- into under paragraph (1) during any period in ‘‘(C) The participant executed a written ble to participate in the Program only if the which the participant— agreement with the Secretary concerned member’s last period of service in the armed ‘‘(A) is pursuing a full-time course of study under subsection (c)(5)(B) to serve as a mem- forces was honorable, as characterized by the related to the field of teaching at an institu- ber of a reserve component of the armed Secretary concerned. A member selected to tion of higher education; forces for a period of 3 years and fails to participate in the Program before the retire- ‘‘(B) is serving on active duty as a member complete the required term of service. ment of the member or the separation or re- of the armed forces; ‘‘(2) AMOUNT OF REIMBURSEMENT.—A partic- lease of the member from active duty may ‘‘(C) is temporarily totally disabled for a ipant required to reimburse the Secretary continue to participate in the Program after period of time not to exceed 3 years as estab- for a stipend or bonus paid to the participant the retirement, separation, or release only if lished by sworn affidavit of a qualified physi- under subsection (d) shall pay an amount the member’s last period of service is charac- cian; that bears the same ratio to the amount of terized as honorable by the Secretary con- ‘‘(D) is unable to secure employment for a the stipend or bonus as the unserved portion cerned. period not to exceed 12 months by reason of of required service bears to the three years ‘‘(4) SELECTION PRIORITIES.—In selecting el- the care required by a spouse who is dis- of required service. Any amount owed by the igible members of the armed forces to re- abled; participant shall bear interest at the rate ceive assistance under the Program, the Sec- ‘‘(E) is a highly qualified teacher who is equal to the highest rate being paid by the retary shall give priority to members who— seeking and unable to find full-time employ- United States on the day on which the reim- ‘‘(A) have educational or military experi- ment as a teacher in an elementary school or bursement is determined to be due for securi- ence in science, mathematics, special edu- secondary school or as a vocational or tech- ties having maturities of 90 days or less and cation, or vocational or technical subjects; nical teacher for a single period not to ex- shall accrue from the day on which the par- and ceed 27 months; or ticipant is first notified of the amount due. ‘‘(B) agree to seek employment as science, ‘‘(F) satisfies such other criteria as may be ‘‘(3) TREATMENT OF OBLIGATION.—The obli- mathematics, or special education teachers prescribed by the Secretary. gation to reimburse the Secretary under this in elementary schools or secondary schools ‘‘(3) STIPEND FOR PARTICIPANTS.—(A) Sub- subsection is, for all purposes, a debt owing or in other schools under the jurisdiction of ject to subparagraph (B), the Secretary may the United States. A discharge in bank- a local educational agency. pay to a participant in the Program selected ruptcy under title 11 shall not release a par- ‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) under this section a stipend in an amount of ticipant from the obligation to reimburse The Secretary may not select an eligible not more than $5,000. the Secretary under this subsection. member of the armed forces to participate in ‘‘(B) The total number of stipends that ‘‘(4) EXCEPTIONS TO REIMBURSEMENT RE- the Program and receive financial assistance may be paid under subparagraph (A) in any QUIREMENT.—A participant shall be excused unless the Secretary has sufficient appro- fiscal year may not exceed 5,000. from reimbursement under this subsection if priations for the Program available at the ‘‘(4) BONUS FOR PARTICIPANTS.—(A) Subject the participant becomes permanently totally time of the selection to satisfy the obliga- to subparagraph (B), the Secretary may, in disabled as established by sworn affidavit of tions to be incurred by the United States lieu of paying a stipend under paragraph (3), a qualified physician. The Secretary may under subsection (d) with respect to the pay a bonus of $10,000 to a participant in the also waive the reimbursement in cases of ex- member. Program selected under this section who treme hardship to the participant, as deter- ‘‘(B) The Secretary may not select an eligi- agrees in the participation agreement under mined by the Secretary. ble member of the armed forces described in paragraph (1) to become a highly qualified ‘‘(f) RELATIONSHIP TO EDUCATIONAL ASSIST- paragraph (1)(B)(i) to participate in the Pro- teacher and to accept full-time employment ANCE UNDER MONTGOMERY GI BILL.—The re- gram under this section and receive financial as an elementary school teacher, secondary ceipt by a participant in the Program of a assistance under subsection (d) unless the school teacher, or vocational or technical stipend or bonus under this subsection (d) member executes a written agreement to teacher for not less than 3 school years in a shall not reduce or otherwise affect the enti- serve as a member of the Selected Reserve of high-need school. tlement of the participant to any benefits

VerDate Mar 15 2010 04:25 May 27, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.037 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3703 under chapter 30 or 33 of title 38 or chapter (i) the best practices for improving recruit- SEC. 12xx. REPORT ON UNITED STATES MILITARY 1606 of this title. ment of eligible members of the Armed STRATEGY IN AFGHANISTAN IN ‘‘(g) PARTICIPATION BY STATES.— Forces in States, local educational agencies, LIGHT OF THE DEATH OF OSAMA BIN LADEN. ‘‘(1) DISCHARGE OF STATE ACTIVITIES and public charter schools under served by THROUGH CONSORTIA OF STATES.—The Sec- the Troops-to-Teachers Program; (a) REPORT REQUIRED.—Not later than 60 retary may permit States participating in (ii) ensuring that high-need local edu- days after the date of the enactment of this the Program to carry out activities author- cational agencies and public charter schools Act, the Secretary of Defense shall submit to ized for such States under the Program are aware of the Program and how to partici- the congressional defense committees a re- through one or more consortia of such pate in it; port on the United States military strategy States. (iii) coordinating the goals of the Program in Afghanistan, including the extent to ‘‘(2) ASSISTANCE TO STATES.—(A) Subject to with other Federal, State, and local edu- which the strategy has changed or is antici- subparagraph (B), the Secretary may make cation needs and programs; and pated to change in light of the death of grants to States participating in the Pro- (iv) other activities that the Advisory Osama bin Laden. gram, or to consortia of such States, in order Board deems necessary; and (b) FORM.—The report required under sub- to permit such States or consortia of States (B) not later than one year after the date section (a) shall be submitted in unclassified to operate offices for purposes of recruiting of the enactment of this Act, and annually form, but may contain a classified annex if eligible members of the armed forces for par- thereafter, prepare and submit a report to necessary. ticipation in the Program and facilitating the appropriate committees of Congress, AMENDMENT NO. 102 OFFERED BY MR. FLAKE the employment of participants in the Pro- which shall include— At the end of title X, add the following new gram as elementary school teachers, sec- (i) information with respect to the activi- section: ondary school teachers, and vocational or ties of the Advisory Board; technical teachers. (ii) information with respect to the Troops- SEC. 1099C. REQUIREMENT THAT WRITTEN COM- ‘‘(B) The total amount of grants made to-Teachers Program, including— MUNICATIONS FROM CONGRESS BE MADE PUBLIC BY DEPARTMENT OF under subparagraph (A) in any fiscal year (I) the number of participants in the Pro- DEFENSE. may not exceed $5,000,000.’’. gram; Any written communication from Con- (2) CLERICAL AMENDMENT.—The table of (II) the number of States participating in gress, including a committee of the Senate sections at the beginning of chapter 58 of the Program; or the House of Representatives, a member such title is amended by adding at the end (III) local educational agencies and schools of Congress, an officer of Congress, or a con- the following new item: in where participants are employed; gressional staff member, recommending that ‘‘1154. Assistance to eligible members to ob- (IV) the grade levels at which participants funds be committed, obligated, or expended tain employment as teachers: teach; on any project within a program element set Troops-to-Teachers Program.’’. (V) the academic subjects taught by par- forth in the funding tables in division D of (3) CONFORMING AMENDMENT.—Section ticipants; this Act shall be made publicly available on 1142(b) (4)(C) of such title is amended by (VI) rates of retention of participants by the Internet by the receiving entity of the striking ‘‘under sections 1152 and 1153 of this the local educational agencies and public Department of Defense, not later than 30 title and the Troops-to-Teachers Program charter schools employing participant; days after receipt of such communication. (VII) other demographic information as under section 2302 of the Elementary and AMENDMENT NO. 103 OFFERED BY MR. FLAKE Secondary Education Act of 1965 (20 U.S.C. may be necessary to evaluate the effective- 6672)’’ and inserting ‘‘under sections 1152, ness of the Program; and Page 708, after line 12, insert the following: 1153, and 1154 of this title’’. (VIII) a review of the stipend and bonus SEC. 1699F-1. REPORTS ON INCREASED BUDGET (4) TERMINATION OF ORIGINAL PROGRAM.— available to participants under the Program; ITEMS. and (A) TERMINATION.— (a) REPORTS.— (iii) recommendations for— (i) Chapter A of subpart 1 of part C of the (1) IN GENERAL.—For each program de- Elementary and Secondary Education Act of (I) improvements to local, State, and Fed- scribed in subsection (b), the Secretary of 1965 (20 U.S.C. 6671 et seq.) is repealed. eral recruitment and retention efforts; Defense shall submit to the congressional de- (ii) The table of contents in section 2 of (II) legislative or executive policy changes fense committees a report containing— part I of the Elementary and Secondary Edu- to improve the Program, enhance partici- (A) a justification of the use of the total cation Act 1965 is amended by striking the pant experience, and increase participation amount appropriated for the program for fis- items relating to chapter A of subpart 1 of in the program; and cal year 2012; and part C of such Act. (III) other changes necessary to ensure (B) the process by which such amounts (B) EXISTING AGREEMENTS.—The repeal of that the Program is meeting its purposes. were awarded. such chapter shall not affect the validity or (d) DEFINITIONS.—In this section (2) SUBMISSION.—The Secretary shall sub- terms of any agreement entered into before (1) The term ‘‘appropriate committees of mit each report under paragraph (1) by not the date of the enactment of this Act under Congress’’ means— later than the date that is 180 days after the chapter A of subpart 1 of part C of the Ele- (A) the Committees on Armed Services and date on which the funds for the program for mentary and Secondary Education Act of Health, Education, Labor, and Pensions of fiscal year 2012 have been allocated. 1965 (20 U.S.C. 6671 et seq.), or to pay assist- the Senate; and (b) PROGRAM DESCRIBED.—A program de- ance, make grants, or obtain reimbursement (B) the Committees on Armed Services and scribed in this subsection is a program ele- in connection with such an agreement as in Education and Labor of the House of Rep- ment funded— effect before such repeal. resentatives. (1) with amounts authorized to be appro- (c) ADVISORY BOARD.— (2) The term ‘‘Troops-to-Teachers Pro- priated by section 201; and (1) ESTABLISHMENT.—Not later than 120 gram’’ means the Troops-to-Teachers Pro- (2) in an amount that is more than the days after the date of the enactment of this gram under section 1154 of title 10, United amount requested by the President in the Act, the Secretary of Defense, in consulta- States Code (as added by subsection (b)), as budget submitted to Congress under section tion with the Secretary of Education, shall authorized before October 1, 2011, by chapter 1105 of title 31, United States Code, for fiscal establish an Advisory Board composed of— A of subpart 1 of part C of title II of the Ele- year 2012. (A) a representative from the Defense Ac- mentary and Secondary Education Act of AMENDMENT NO. 104 OFFERED BY MR. FRANKS OF tivity for Non-Traditional Education Sup- 1965 (20 U.S.C. 6671 et seq.). ARIZONA port Division of the Department of Defense; (e) EFFECTIVE DATE.—Subsection (a) and (B) a representative from the Department the amendments made by subsection (b) At the end of title XXVIII, add the fol- of Innovation and Improvement of the De- shall take effect on October 1, 2011. lowing new section: partment of Education; ll AMENDMENT NO. 97 OFFERED BY MR. DENT SEC. 28 . TRANSFER OF THE AIR FORCE ME- (C) a representatives from three State of- MORIAL TO THE DEPARTMENT OF fices that operate to recruit eligible mem- Page 46, after line 18, insert the following: THE AIR FORCE. bers of the Armed Forces for participation in SEC. 147. STUDY ON DOMESTIC CAPACITY FOR (a) TRANSFER OF MEMORIAL TO SECRETARY the Troops-to-Teachers Program and facili- MANUFACTURE OF SHIP SHAFTS OF THE AIR FORCE.—Administrative jurisdic- tating the employment of participants in the AND OTHER FORGED COMPONENTS. tion, custody, and control of the Air Force Program as elementary school teachers, sec- The Secretary of Defense shall conduct a Memorial (as defined in section 9784(d) of ondary school teachers, and vocational or study to measure the domestic capacity in title 10, United States Code, as added by sub- technical teachers; and accordance with the Defense Acquisition section (b)) is hereby transferred to the Sec- (D) a representative from each of three vet- Regulations System to manufacture ship retary of the Air Force. eran service organizations. shafts and other forged components used by (b) OPERATION, MAINTENANCE, AND MANAGE- (2) DUTIES.—The Advisory Board estab- surface and sub-surface vessels of the Navy. MENT OF MEMORIAL.— lished under this subsection shall— (1) AUTHORITY OF SECRETARY OF THE AIR AMENDMENT NO. 101 OFFERED BY MR. ELLISON (A) collect, consider, and disseminate feed- FORCE.—Chapter 949 of title 10, United States back from participants and State offices de- At the end of subtitle B of title XII of divi- Code, is amended by adding at the end the scribed in paragraph (1)(C) on— sion A of the bill, add the following: following new section:

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.037 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3704 CONGRESSIONAL RECORD — HOUSE May 26, 2011 ‘‘§ 9784. Air Force Memorial (c) REPORTS.— and redundancy needed to meet a wide ‘‘(a) RESPONSIBILITY.—The Secretary of the (1) NNSA.—The National Academy of range of national security missions and Air Force has jurisdiction, custody, and con- Sciences shall submit to the Administrator timelines. trol of the Air Force Memorial and is respon- for Nuclear Security a report containing the However, the existing infrastructure results of the study and any recommenda- sible for the operation, maintenance, and at many of the strategic ports may no management of the Memorial. tions resulting from the study. ‘‘(b) COOPERATIVE AGREEMENT FOR OPER- (2) CONGRESS.—Not later than 18 months longer be adequate to meet the needs of ATION AND MAINTENANCE OF THE MEMORIAL.— after the date on which the contract is our military. Language included in the The Secretary of the Air Force may enter awarded under subsection (a), the Adminis- bill will help us identify the infrastruc- into a cooperative agreement with the Air trator for Nuclear Security shall submit to ture improvements necessary to ensure Force Memorial Foundation or any other the appropriate congressional committees our strategic ports remain accessible suitable entity to assist with the operation the report submitted under paragraph (1) and to our military, as well as determine and maintenance of the Air Force Memorial. any comments or recommendations of the whether existing authorities and fund- ‘‘(c) DISPOSITION OF CONTRIBUTIONS.—Any Administrator with respect to the report. ing sources are adequate to facilitate contribution made for the purpose of assist- (3) FORM.—The report under paragraph (2) ing in the operation and maintenance of the shall be submitted to the appropriate con- making the necessary infrastructure Air Force Memorial that is deposited into gressional committees in unclassified form, improvements. the Department of the Air Force General but may include a classified annex. This study is an important first step. Gift Fund pursuant to section 2601 of this (4) APPROPRIATE CONGRESSIONAL COMMIT- I look forward to working with the title shall be available only for the purpose TEES.—In this section, the term ‘‘appropriate Armed Services Committee on ways to of the operation and maintenance of the Air congressional committees’’ means the fol- improve our strategic ports to guar- Force Memorial. lowing: antee that they remain capable of sup- ‘‘(d) DEFINITION.—In this section, the term (A) The Committee on Armed Services, the porting our military’s operational ‘Air Force Memorial’ means the memorial Committee on Energy and Commerce, and established pursuant to Public Law 103–163 to the Committee on Foreign Affairs of the needs. honor the men and women who have served House of Representatives. Mr. MCKEON. As the gentleman in the United States Air Force and its prede- (B) The Committee on Armed Services, the knows, this committee has had a long- cessor organizations and that area of land Committee on Energy and Natural Re- standing interest in our strategic occupied by that memorial, along with any sources, and the Committee on Foreign Rela- ports, and I will be happy to work with facilities constructed thereon, and con- tions of the Senate. the gentleman from Alaska and the sisting of approximately three acres in Ar- The Acting CHAIR. Pursuant to gentlewoman from Guam to consider lington, Virginia, made available by the Sec- retary of Defense for use as the location of House Resolution 276, the gentleman the appropriate measures to address the Air Force Memorial pursuant to section from California (Mr. MCKEON) and the the critical infrastructure needs of our 2863(b)(1) of the Military Construction Au- gentleman from Washington (Mr. strategic seaports. thorization Act for Fiscal Year 2002 (division SMITH) each will control 10 minutes. Mr. YOUNG of Alaska. Thank you, B of Public Law 107–107; 115 Stat. 1330).’’. The Chair recognizes the gentleman sir. I appreciate it. (2) CLERICAL AMENDMENT.—The table of from California. Mr. SMITH of Washington. Mr. sections at the beginning of such chapter is Mr. MCKEON. Mr. Chairman, I urge Chairman, I yield 1 minute to the gen- amended by adding at the end the following the committee to adopt the amend- tlelady from Texas (Ms. JACKSON LEE). new item: ments en bloc, all of which have been Ms. JACKSON LEE of Texas. I thank ‘‘9784. Air Force Memorial.’’. the ranking member. I rise to support (c) REPEAL.—Section 2872 of the Military examined by both the majority and the Construction Authorization Act for Fiscal minority. the en bloc amendments and to add my Year 2008 (division B of Public Law 110–181; At this time I yield 2 minutes to the understanding and support for the 122 Stat. 562) is repealed. gentleman from Alaska (Mr. YOUNG) McGovern-Jones and a number of other AMENDMENT NO. 105 OFFERED BY MR. for the purpose of a colloquy. Members’ amendments. GARAMENDI Mr. YOUNG of Alaska. I thank the Let me first make it clear that this Page 835, after line 10, insert the following: gentleman for yielding. I rise to ex- is a bipartisan amendment, and there was a great deal of collaboration and SEC. 3125. NATIONAL ACADEMY OF SCIENCES RE- press my concerns about our strategic VIEW OF NUCLEAR WASTE REPROC- ports. First, I want to thank the chair- sensitivity to formulating a structure ESSING AND NUCLEAR REACTOR man and the ranking member, Mr. that would be respectful of the men TECHNOLOGY. SMITH, and members of the Armed and women who serve us today. But I (a) STUDY.—Not later than 60 days after Services Committee for supporting an rise to support this amendment be- the date of the enactment of this Act, the Administrator for Nuclear Security shall amendment that I offered with Ms. cause I can clearly see the human and enter into an agreement with the National BORDALLO that would direct specific financial costs which have been so Academy of Sciences to conduct a study on study and analysis of critical infra- high—$10 billion a month, which in this waste reprocessing and Generation IV nu- structure needs at our Nation’s DOD- climate where we are addressing fran- clear reactor technology. designated strategic seaports. I think chise terrorism, where individuals can (b) ELEMENTS.—The study required under the chairman would agree that under- rise up and do harm to the United subsection (a) shall include— standing and addressing vital infra- States at any time, it is time now to (1) a review of previous studies related to plan a time frame for accelerated tran- the subject of nuclear waste reprocessing as structure needs at our strategic sea- a point of reference; ports is of major importance. sition for our troops to come home (2) a determination of the feasibility of Mr. MCKEON. Will the gentleman from Afghanistan, to find a political using nuclear reactor technology, particu- yield? solution with diplomacy, to be able to larly proven Generation IV nuclear reactor Mr. YOUNG of Alaska. I yield to the deal with al Qaeda in a manner that technology, created at the national labs at a gentleman from California. will allow—— site charged with meeting international Mr. MCKEON. I do agree that assess- The Acting CHAIR. The time of the agreements to dispose or decommission nu- ing and correcting infrastructure prob- gentlewoman has expired. clear weapons which has substantial legacy lems at the Nation’s strategic seaports, Mr. SMITH of Washington. I yield waste in order to reprocess and reuse the ma- terials in a proliferation-resistant process which are an integral part of our na- the gentlewoman 30 additional seconds. that will generate electricity; tional defense readiness, is of vital im- Ms. JACKSON LEE of Texas. This (3) a determination of the resulting waste portance. amendment does not stop the reas- streams; Mr. YOUNG of Alaska. I thank the sessing of how al Qaeda is now func- (4) an analysis of the nuclear proliferation gentleman. tioning with its titular head, its inspi- risks, including effects on the nuclear non- Since 1958, the strategic seaport pro- rational head no longer, and whether proliferation efforts of the United States; gram has facilitated the movement of or not the remaining members of al (5) a comparison to nuclear waste reproc- military forces securely through U.S. Qaeda will seep and spread into other essing technologies used in other countries ports. Each strategic seaport has indi- places where we have to address this and a comparison to the direct disposal of nuclear waste; and vidual capabilities that provide the De- question, and, of course, the amend- (6) a detailed analysis of the feasibility of partment of Defense with the port fa- ment does not limit existing authority large-scale deployment of such technology at cilities and services that are critical in on ongoing al Qaeda efforts by sharing military installations. maintaining the operational flexibility intelligence or changing military

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.042 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3705 strategy, tactics or operations on the members. When I was a young enlisted or transferred, find themselves in enor- ground in Afghanistan. This amend- infantryman in the Army, I took ad- mous distress given the housing crisis. ment helps to bring our troops home. vantage of this program. This amendment will help them and Remember Pakistan, how we have to The Acting CHAIR. The time of the their families by extending their abil- work with them and try to help the gentleman has expired. ity to try to manage that situation. Pakistan people, we need to focus Mr. MCKEON. I yield the gentleman Mr. Chairman, I very much appre- broadly to help secure the homeland. an additional minute. ciate, as I said, the cooperation of the This is an important amendment. I Mr. COFFMAN of Colorado. When I chairman and his staff, and the rank- support the en bloc amendment, and I was a young enlisted infantryman in ing member and his staff. support the McGovern amendment. Let the Army, I took advantage of this pro- Mr. MCKEON. Mr. Chairman, I re- us find a way to bring our troops home. gram to begin my own college edu- serve the balance of my time. cation, but it has room to be perfected. Mr. SMITH of Washington. I yield 1 b 1140 A change in cost sharing has caused minute to the gentlewoman from New Mr. MCKEON. Mr. Chairman, I yield 2 funding for the Tuition Assistance pro- York (Ms. SLAUGHTER). minutes to the gentleman from Colo- gram to increase from $157 million in Ms. SLAUGHTER. Mr. Chairman, I rado (Mr. COFFMAN), my friend and col- FY 2001 to $531 million in FY 2010. Cost thank the gentleman for yielding. league. per credit hour of distance education, I want to read a sentence from a re- Mr. COFFMAN of Colorado. Thank for instance, has risen dramatically port that was recently released. It is something for us to think about: ‘‘We you, Mr. Chairman. since 2001. The services have had to are in uncharted territory here,’’ says I rise today in support of H.R. 1540, deny tuition assistance benefits to the Army Vice Chief of Staff. ‘‘We have the National Defense Authorization some servicemembers because of the never fought for this long. In the his- Act for Fiscal Year 2012. I would like to growing cost of this program. tory of the Republic, we have never thank the chairman and the ranking My amendment calls for a study by fought for this long with an all-volun- member for their leadership on this the Department of Defense on ways to teer force that is only 1 percent of the committee and in particular their sup- reform this program, including rein- population.’’ port for the issues I have been pur- stating the 25/75 percent cost share. I suing. Mr. Chairman, we see what is the re- believe that with ‘‘skin in the game’’ sult of this war. Tens of thousands of Including in this en bloc package are servicemembers will have incentives two amendments of mine, which I our young soldiers are maimed with for high academic performance and life-altering conditions, complete loss wanted to speak on briefly. that more servicemembers will be eli- Amendment 48 requires the Secretary of limbs, devastating head wounds gible for tuition assistance benefits. which will change their lives forever, of Defense to submit a report to the I urge my colleagues to support H.R. Congress on the feasibility of recycling many younger than 20 years old. 1540. Osama bin Laden has been captured rare earth elements used by the De- Mr. SMITH of Washington. Mr. and dealt with. That was the reason for partment. This amendment, along with Chairman, I yield 2 minutes to the gen- us going in the first place. Only Con- a provision in the chairman’s mark re- tleman from Virginia (Mr. CONNOLLY). gress, only Congress can stop this. We quiring a Rare Earth Inventory Plan, Mr. CONNOLLY of Virginia. I par- are so open ended. We have talked here are important steps in reconstituting ticularly want to thank Chairman today about how we can’t leave until the Nation’s ability to access secure, MCKEON and Ranking Member SMITH the Afghans say we are ready. That reliable, and competitive market for for their wonderful cooperation in put- may be 50 years from now, Mr. Chair- rare earth products used to support our ting together this en bloc set of amend- man, and it is time that we really got national security. ments. serious about what we are doing here, I have been particularly troubled by Mr. Chairman, I want to just high- not only to the young men and women reports from the Department of De- light several with which I am associ- who go but for the $10 billion per fense indicating that they are not con- ated. month it adds to our deficit. cerned about our Nation’s near total Amendment 93, cosponsored by Mr. The Acting CHAIR. The time of the reliance on China for access to these BLUMENAUER, Mr. HINCHEY, Mr. WELCH, gentlewoman has expired. critical materials. Last September’s and Mrs. CAPPS, will reduce fuel con- Mr. SMITH of Washington. I yield rare earth embargo of Japan by the voy deaths in Iraq and Afghanistan. the gentlewoman an additional 30 sec- Chinese should serve as an important Mr. Chairman, we have lost 3,000 lives onds. reminder that this dependence leaves trying to protect fuel convoys in those Ms. SLAUGHTER. I see them at the our military vulnerable to supply dis- two countries. So we can actually save airport every week. I see them, some of ruptions should a foreign nation choose money and save lives with this amend- them on their fourth deployment, and to take advantage of its dominance in ment. they beg me, they beg me to come the market. Amendment 91, cosponsored by Mr. down here and try to get this to stop. Our nation does not need to accept PLATTS of Pennsylvania, improves the They have literally said to me that this dependence. With ample reserves Federal Acquisition Institute. This is they will send me back until I am dead, in the United States, including Alaska, legislation also introduced by our Re- and I come home in a box. How dare we Colorado and California, we have the publican friend in the U.S. Senate, do this? It is time; it is time for us to potential to meet our own demand for SUSAN COLLINS, and it has bipartisan face up to the fact that what we could these materials, but steps must be support, makes the Federal Govern- do there has been done and that we taken in Congress to level the playing ment a lot more efficient and will not need a definite timetable as quickly as field in this market. build new bureaucracy or add expenses. possible to stop this war in Afghani- This amendment will require the De- Amendment 92, cosponsored by Mr. stan. partment of Defense to examine the BILBRAY of California, will actually try I thank the gentleman for yielding feasibility of recycling rare earth ma- to systemize and make more effective me this time. terials that are currently disposed of. the internship programs in the Federal Mr. PETRI. Mr. Chair, the Department of This is not only good stewardship, it is Government so that we are taking ad- Defense, DOD, has a statutory goal that 25 an important part of a complete plan vantage of those opportunities and percent of the energy procured or produced to reconstitute our domestic rare earth making sure they also serve a better for its facilities must come from renewable industry and to meet our national se- purpose for interns who sign up with sources by 2025. My amendment would sim- curity needs. the Federal Government. ply clarify that direct use solar energy is con- I have also introduced an amendment Amendment No. 90, cosponsored by sidered a renewable energy source for the that will pave the way for meaningful Mr. KISSELL, directs the Pentagon to purposes of this requirement. reform of the Department of Defense report to Congress on the estimated Direct use solar energy technology channels Tuition Assistance program. This is an cost of expanding the Homeowners As- solar energy—in the form of sunlight—into a excellent program that provides edu- sistance Program. A lot of our active building to provide interior lighting that is simi- cational opportunities to our service- duty military, when they are called up lar to traditional electrically-powered lighting. It

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.040 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3706 CONGRESSIONAL RECORD — HOUSE May 26, 2011 can result in tremendous energy savings be- Mr. DENT. Mr. Chair, I rise this evening to This structure has proven very effective in cause it allows much of a building’s internal express support for the Dent Amendment of- transitioning qualified retiring military per- lighting to come from sunlight, relying on elec- fered to the National Defense Authorization sonnel into second careers in teaching. In- tric lighting only in the off-peak evening hours Act for Fiscal Year 2012. The purpose of this deed, Troops participants fill several critical or when sunlight is diminished. It is considered amendment is to analyze the current manufac- needs among educators: eighty percent are direct use because the sunlight is not con- turing capabilities available in the United male, over one-third are ethnic minorities, and verted to electricity prior to being utilized. States to support a Nuclear Powered Navy. a majority bring an expertise in science and It is similar to other types of direct use re- More specifically, this provision would require math to the classroom. Furthermore, these newable energy technology—geothermal heat the Secretary of Defense to conduct a study to troops also bring valuable life experience and pumps and solar thermal devices, for exam- measure the domestic capacity in accordance character traits that are uncommon in our na- ple—that DOD can already use to meet its re- with the Defense Acquisition Regulations Sys- tion’s classroom. newable energy statutory goal. This amend- tem to manufacture ship shafts and other However, the success of this program is in ment simply clarifies that direct use solar is forged components used by surface and sub- jeopardy without the needed changes that are considered a renewable source of energy. surface vessels of the U.S. Navy. On the included in the Courtney/Petri/Matsui amend- These changes will provide DOD with the issue of ‘‘Forgings,’’ the Defense Acquisition ment. When the program was transferred to flexibility to meet its energy requirements more Regulations System restricts the production of the Education Department, a simple drafting quickly and in a more cost-effective way. I re- ship propulsion shafts, periscope tubes and error in the 2002 No Child Left Behind Act re- spectfully request that my colleagues support other forgings to domestic sources. Further- sulted in a Education Department ruling re- this amendment. more, this study will ensure that the Depart- stricting the number of school districts in which Mr. CARNAHAN. Mr. Chair, I rise today in ment of Defense has identified the domestic veterans can fulfill their teaching requirement. strong support of this amendment, which con- entities with the infrastructure and industrial Since the implementation of this ruling in Sep- ditions funding of the Afghanistan Security resources to contribute to our national de- tember 2005, retiring military have found the Forces Fund, ASFF, on assurance from the fense. number of schools at which they would be eli- Secretary of Defense that sufficient manage- The Commonwealth of Pennsylvania con- gible to teach drastically reduced. ment and oversight mechanisms on contracts tinues to anchor this vital manufacturing sec- The Department’s new interpretation locks are in place. tor. Lehigh Heavy Forge, headquartered in out schools in many rural areas and small The proper accounting of U.S. funds and Bethlehem, Pennsylvania, is a final remnant of communities. This is a shame, especially programs in Afghanistan is vital to operational the Bethlehem Steel Corporation. Today, the given the success of this program and its abil- effectiveness and is particularly poignant as Forge is integral to the production of compo- ity to meet some of our nation’s greatest Americans across this country face ongoing nents needed for building U.S. Naval vessels. teaching needs. In my own state of Wisconsin, economic hardships. I offered this amendment The ArcelorMittal Steelton Plant—located ap- only 11 out of 395 school districts qualify for because we have a responsibility to our mili- proximately 100 miles to the west of Beth- participants to fulfill their teaching require- tary personnel and the American tax payers to lehem in Steelton, Pennsylvania—produces ments. A 2006 Government Accountability Re- ensure that U.S. resources are being effec- the steel ingots processed by Lehigh Heavy port, GAO, of the program found that the 2005 tively and efficiently utilized in Afghanistan, so Forge to produce Navy ship shafts. In total, ruling had reduced interest and participation in we can quickly and responsibly bring our mili- these two facilities provide over 700 jobs for the program, as schools in regions where tary and civilian personnel home. Pennsylvanians, not to mention the additional troops lived were no longer considered eligi- As the primary means for training and 450 jobs at additional facilities across the ble. equipping the Afghan National Security Commonwealth with the infrastructure to meet Our amendment would correct this ruling Forces, ANSF, the ASFF is a critical compo- this national need. While I am proud of the and ensure that veterans participating in the nent of our overall strategy to build Afghan ca- manufacturing tradition woven throughout Troops to Teachers program receive a $5,000 pacity and transition to an Afghan-led mission. Pennsylvania, I believe it is imperative for the stipend for teaching three years in any school Unfortunately, however, instances of mis- Department of Defense to measure whether that is in a district receiving Title 1 funds. This management and lacking oversight of the we have the domestic capacity to ultimately would more than double the number of ASFF point to another example of insufficient meet the challenges in the most treacherous schools eligible under the program. The accounting over Department of Defense con- corners of the world. amendment does not change the criteria for tracts. Specifically, failure to construct long- To that end, I am pleased that the under- the additional $5,000 bonus, maintaining the term plans and several occasions of corruption lying bill, H.R. 1540, authorized Navy ship- incentive for troops to teach in the highest and poor oversight on contracts have been building as a permissible use of the Mission need schools. cited—not only putting the billions of dollars in Enforcement Transfer Fund by the Secretary The amendment also makes the Troops to ASFF programs at risk but threatening the of Defense in FY 2012. The United States Teachers Program more accessible by reduc- operational success of ANSF training and Navy is vital to our national security mission, ing the length of service requirements for ac- overall accomplishment of strategic objectives. including ongoing counterterrorism operations tive military. The make-up of our military has While specific amounts of waste, fraud, and and irregular warfare. We need to ensure that drastically changed since this program was abuse related to DOD contracts for ASFF are the domestic capacity is in place to provide first authorized sixteen years ago. Many of our incompletely documented, the Special Inspec- American sailors with the assets they need to young men and women returning from service tor General for Afghanistan Reconstruction succeed in our littoral zones, as well as on the in Iraq and Afghanistan who would like to pur- has estimated overall mismanagement of Af- high seas. sue teaching careers are currently ineligible ghanistan reconstruction funds as ranging Mr. Chair, I ask my colleagues to support for the program. anywhere from 10 percent to 100 percent. the Dent Amendment. Third, to ensure continued success of the Using conservative estimates for anticipated Mr. PETRI. Mr. Chair, the Courtney/Petri/ program the amendment creates an advisory levels of waste, fraud, and abuse, this amend- Matsui amendment would transfer the suc- board charged with improving awareness, in- ment withholds 25 percent of ASFF funds until cessful Troops to Teachers Program back to creasing participation and ensuring the pro- the Secretary of Defense certifies to Congress the Department of Defense and make impor- gram meets the needs of schools and vet- that proper accounting mechanisms are in tant changes to the program to ensure it will erans. place. continue to provide opportunities for veterans This week I, along with Representatives Throughout hearings on the foreign affairs to transition into second careers as educators. COURTNEY and MATSUI, introduced the Post 9/ committee’s oversight panel, we have consist- I have been a supporter of the Troops to 11 Troops to Teachers Enhancement Act, that ently heard issues of contracting mismanage- Teachers program since its authorization in contains these needed improvements to the ment to the tune of billions of unaccounted for the 1994 Defense Authorization Act, and I am program. This bill has the support of both mili- dollars. The safety of our personnel, the integ- proud of its success in placing over 12,000 tary and educational organizations. These in- rity of tax payer dollars, and the overall veterans in our nation’s classrooms. Troops to clude: the American Legion, National Edu- achievement of our missions depend on the Teachers is a unique program that provides cation Association, Military Order of the Purple effectiveness of our management and over- veterans with a $5,000 stipend to help cover Heart, Military Officers Association of America, sight institutions. In short—our troops deserve the costs of obtaining a teaching certification National Association of the State Boards of better; the American people deserve better, in exchange for three years service in an eligi- Education and many more. and I urge my colleagues to support this ble school. An additional bonus of $5,000 is Finally, our amendment transfers the Troops amendment. available for teaching in a ‘‘high need school.’’ to Teachers Program back to the Department

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A26MY7.012 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3707 of Defense. Currently, the program is operated The en bloc amendments were agreed to be derived from Joint Tactical Radio Sys- by the Defense Activity for Non-Traditional to. tem Maritime-Fixed radios under Line 039 Joint Tactical Radio System as set forth in Education Support (DANTES). The Depart- AMENDMENTS EN BLOC NO. 4 OFFERED BY MR. the table under section 4101. ment of Education simply transfers funds to MCKEON AMENDMENT NO. 107 DANTES. Both the Department of Defense Mr. MCKEON. Mr. Chairman, pursu- and the Department of Education support this Page 825, after line 2, insert the following ant to H. Res. 276, I offer amendments new section: transfer, which is reflected in the Administra- en bloc. SEC. 3114. HANFORD WASTE TANK CLEANUP PRO- tion’s Fiscal Year 2012 budget request. The Acting CHAIR. The Clerk will GRAM REFORMS. I want to thank Representative COURTNEY designate the amendments en bloc. Section 4442 of the Atomic Energy Defense and Representative MATSUI for their work on Amendments en bloc No. 4, consisting of Act (50 U.S.C. 2622) is amended— this amendment. I urge my colleagues to sup- amendment Nos. 106, 107, 108, 109, 112, 113, 114, (1) in subsection (b)(2), by striking ‘‘, con- port the amendment. 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, sistent with the policy direction established Mr. CARSON of Indiana. Mr. Chair, every and 126 printed in House Report 112–88 of- by the Department, all aspects of the River year, thousands of troops return home from fered by Mr. MCKEON of California. Protection Project, Richland, Washington’’ and inserting ‘‘all aspects of the River Pro- AMENDMENT NO. 106 OFFERED BY MS. HANABUSA deployments in Iraq and Afghanistan prepared tection Project, Richland, Washington, in- to separate from military service and begin Page 325, after line 9, insert the following: cluding Hanford Tank Farm Operations and their civilian lives. Many of these service mem- SEC. 705. TRICARE STANDARD FOR CERTAIN the Waste Treatment Plant’’; bers enlisted right out of high school or col- MEMBERS OF THE INDIVIDUAL (2) by amending subsection (d) to read as READY RESERVE. lege and have spent their brief military service follows: (a) COVERAGE FOR CERTAIN IRR MEMBERS.— in the structured atmosphere of a military base ‘‘(d) NOTIFICATION.—The Assistant Sec- (1) IN GENERAL.—Subsection (a) of section retary of Energy for Environmental Manage- or deployment operation. They have trained 1076e of title 10, United States Code, is ment shall submit to the Committee on and disciplined themselves to become mem- amended to read as follows: Armed Services of the Senate and the Com- bers of the greatest military the world has ever ‘‘(a) ELIGIBILITY.—(1) Except as provided in mittee on Armed Services of the House of seen and have protected our nation diligently. paragraph (2), the following individuals are Representatives written notification detail- Yet, while serving our nation at home and eligible for health benefits under TRICARE ing any changes in the roles, responsibilities abroad many have missed the opportunity to Standard as provided in this section: and reporting relationships that involve the find reasonably priced housing, manage day- ‘‘(A) A member of the Retired Reserve of a Office.’’; and reserve component of the armed forces who to-day bills associated with living on a civilian (3) by striking subsections (e) and (f) and is qualified for a non-regular retirement at inserting the following new section: income, or have yet to start saving for their fu- age 60 under chapter 1223 of this title but has ‘‘(e) TERMINATION.—The Office shall termi- tures. These skills are absolutely critical for a not attained the age of 60. nate on September 30, 2019. The Office may smooth transition back to civilian life. For ‘‘(B) A member of the Individual Ready Re- be extended beyond that date if the Assist- these service members, proper training can serve described in subsection 10144(b) of this ant Secretary of Energy for Environmental mean the difference between financial stability title who served on active duty for an aggre- Management determines in writing that ter- and long-term growth and foreclosure and un- gate of not less than one year beginning on mination would disrupt effective manage- manageable debt. or after September 11, 2001. ment of the Hanford Tank Farm oper- ‘‘(2) Paragraph (1) does not apply to a ations.’’. I believe that every service member, includ- member who is enrolled, or is eligible to en- AMENDMENT NO. 108 ing those whose short careers have kept them roll, in a health benefits plan under chapter from basic financial opportunities, deserves to At the end of title X, add the following: 89 of title 5.’’. SEC. 1099C. SENSE OF CONGRESS REGARDING leave military service with a full understanding (2) TERMINATION.—Subsection (b) of such DEPLOYMENT OF ARMED FORCES of important financial principles. The Carson section is amended— WITHOUT CONSIDERABLE DELIB- amendment seeks to add a personal finance (A) in the subsection heading, by striking ERATION. component to the Department of Defense’s ‘‘STANDARD’’; It is the sense of the Congress that before mandatory pre-separation counseling program, (B) by striking ‘‘the member becoming’’ voting begins with respect to funding of any and inserting ‘‘a member described in sub- deployment of the Armed Forces, Members which is already helping separating service section (a)(1)(A) becoming’’; and of the Congress— members and their spouses become familiar (C) by inserting before the period at the (1) should designate a time period in which with important VA programs and preparing end the following: ‘‘or a member described in Members consider the cultures, religions, them to seek an education and start a civilian subsection (a)(1)(B) becoming eligible for ethnicities, geographies, histories, and poli- career. TRICARE coverage under any other section tics of nations and regions in which the This amendment expands the current pro- of this chapter’’. Armed Forces are engaged or are proposed to gram to include training on saving, budgets, (3) SECTION HEADING.—The heading of such engage in military action; credit, taxes, mortgages and other important section is amended by striking ‘‘WHO ARE (2) should be given access to in-depth brief- ings on the information described in para- financial concepts. It also recognizes the im- QUALIFIED FOR A NON-REGULAR RETIRE- MENT BUT ARE NOT YET AGE 60’’ and in- graph (1); and portant role spouses play in the financial serting ‘‘AND INDIVIDUAL READY RE- (3) fully consider and appreciate the enor- health of families by ensuring that they are SERVE’’. mous complexities and uncertainties inher- able to participate in counseling sessions as (b) CLERICAL AMENDMENT.—The table of ent in the military engagements of the well. With this amendment, military families sections at the beginning of chapter 55 of United States in certain regions, in par- will leave the service with the type of knowl- title 10, United States Code, is amended by ticular the Middle East. edge that they need in order to adjust to civil- striking the item relating to section 1076e AMENDMENT NO. 109 ian life. and inserting the following new item: At the end of subtitle B of title III, insert The men and women of our armed services ‘‘1076e. TRICARE program: TRICARE Stand- the following: have put their lives on the line to protect our ard coverage for certain mem- SEC. 3ll. FIRE SUPPRESSION AGENTS. great nation. They deserve access to all the bers of the Retired Reserve and Section 605(a) of the Clean Air Act (42 Individual Ready Reserve.’’. U.S.C. 7671d(a)) is amended— information they need to provide for them- (1) by striking ‘‘or’’ at the end of paragraph selves and their families after their transition to (c) FUNDING INCREASE AND OFFSETTING RE- DUCTION.—Notwithstanding the amounts set (2); civilian life. I encourage all of my colleagues to forth in the funding tables in division D— (2) by striking the period at the end of support En Bloc Amendment No. 3, which (1) the amount authorized to be appro- paragraph (3) and inserting ‘‘; or’’; and contains the Carson amendment. priated in section 1406 for the Defense Health (3) by adding the following new paragraph Mr. SMITH of Washington. Mr. Program, as specified in the corresponding after paragraph (3): Chairman, I yield back the balance of funding table in division D, is hereby in- ‘‘(4) is listed as acceptable for use as a fire my time. creased by $5,000,000, with the amount of the suppression agent for nonresidential applica- tions in accordance with section 612(c).’’. Mr. MCKEON. I encourage all Mem- increase allocated to the Defense Health bers to support the en bloc amend- Program, as set forth in the table under sec- AMENDMENT NO. 112 ments. tion 4501, to carry out the amendments made Page 345, after line 8, insert the following: by this section; and I yield back the balance of my time. SEC. 731. SENSE OF CONGRESS ON POST-TRAU- (2) the amount authorized to be appro- MATIC STRESS DISORDER. The Acting CHAIR. The question is priated in section 101 for other procurement, It is the sense of Congress that— on the amendments en bloc offered by Army, as specified in the corresponding fund- (1) post-traumatic stress disorder is an in- the gentleman from California (Mr. ing table in division D, is hereby reduced by creasingly common disease suffered by re- MCKEON). $5,000,000, with the amount of the reduction turning members of the Armed Forces; and

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.013 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3708 CONGRESSIONAL RECORD — HOUSE May 26, 2011 (2) access to treatment for members with the Secretary of Defense may contribute not (B) shall, prior to its implementation, be post-traumatic stress disorder should be ex- more than $300,000,000 of amounts made approved by the Secretary of State, with the panded to include local and community med- available to carry out the provisions of law concurrence of the Secretary of Defense. ical facilities. described in subsection (d). (2) REQUIRED ELEMENTS.—The program au- AMENDMENT NO. 113 (B) AVAILABILITY.—Notwithstanding any thorized under subsection (a) shall include other provision of law, amounts contributed elements that promote— At the end of title III, add the following under this paragraph to the fund shall be (A) observance of and respect for human new section: merged with amounts in the fund and shall rights and fundamental freedoms; and SEC. 3ll. ASSISTANCE FOR HOMELAND DE- be available for purposes of carrying out the (B) respect for legitimate civilian author- FENSE MISSION TRAINING. program authorized under this subsection. ity. (a) ASSISTANCE AUTHORIZED.—Chapter 9 of (3) LIMITATION.—The authority of this sub- (f) RELATED AUTHORITIES.— title 32, United States Code, is amended by section may not be exercised with respect to (1) IN GENERAL.—The program authorized adding at the end the following new section: a fiscal year until— under subsection (a) shall be— ‘‘§ 909. Training assistance (A) the Secretary of State contributes to (A) jointly financed by the Secretary of ‘‘(a) ASSISTANCE AUTHORIZED.—To improve the fund not less than one-third of the total State and the Secretary of Defense through the training of National Guard units and amount contributed to the fund for the fiscal amounts contributed to the fund under sub- Federal agencies performing homeland de- year; and section (a)(2) from one or more provisions of fense activities, the Secretary of Defense (B) the Secretary of Defense contributes to law described in subsection (d) under which may provide funding assistance through a the fund not more than two-thirds of the the foreign country is eligible to receive as- special military cooperative agreement for total amount contributed to the fund for the sistance; and the operation and maintenance of any State fiscal year. (B) carried out under the authorities of training center certified by the Federal (4) RULE OF CONSTRUCTION.—The ratios of such provisions of law and the authorities of Emergency Management Agency as capable contributions described in paragraph (3) this section. of providing emergency response training. shall be determined at the beginning of a fis- (2) ADMINISTRATIVE AUTHORITIES.—Funds ‘‘(b) MERIT-BASED OR COMPETITIVE DECI- cal year and may not be determined on a made available under a program authorized SIONS.—A decision to commit, obligate, or project-by-project basis. under subsection (a) shall be subject to the expend funds under subsection (a) with or to (b) ELIGIBLE FOREIGN COUNTRIES.—A for- same administrative authorities as apply to a specific entity shall— eign country described in this subsection is a funds made available to carry out the For- ‘‘(1) be based on merit-based selection pro- country that is designated by the Secretary eign Assistance Act of 1961 (22 U.S.C. 2151 et cedures in accordance with the requirements of State, with the concurrence of the Sec- seq.). of sections 2304(k) and 2374 of title 10 or on retary of Defense, and is eligible to receive (3) LIMITATION ON ELIGIBLE COUNTRIES.— competitive procedures; and assistance under one or more of the provi- The program authorized under subsection (a) ‘‘(2) comply with other applicable provi- sions of law described in subsection (d). may not include the provision of assistance (c) PURPOSE OF PROGRAM.—The program sions of law.’’. to— authorized under subsection (a) may provide (b) CLERICAL AMENDMENT.—The table of (A) any foreign country that is otherwise assistance to enhance the capabilities of sections at the beginning of such chapter is prohibited from receiving such assistance military forces, and other security forces amended by adding at the end the following under any other provision of law; or that conduct border and maritime security, (B) Iraq, Afghanistan, or Pakistan. new item: and counterterrorism operations, as well as (g) CONGRESSIONAL NOTIFICATION.— ‘‘909. Training assistance.’’. the government agencies responsible for such (1) IN GENERAL.—Not less than 15 days be- AMENDMENT NO. 114 forces, in order to strengthen a foreign coun- fore implementing an activity under the pro- Page 92, after line 12, insert the following: try’s national and regional security interests gram authorized under subsection (a), the consistent with United States foreign policy Secretary of State, with the concurrence of SEC. 254. PROHIBITION ON USE OF FUNDS FOR interests. NEWLY DESIGNED FLIGHT SUIT. the Secretary of Defense, shall submit to the (d) PROVISIONS OF LAW DESCRIBED.—The None of the funds authorized to be appro- provisions of law described in this subsection congressional committees specified in para- priated by this Act may be used to research, are the following: graph (2) a notification of— develop, manufacture, or procure a newly de- (1) Section 1206 of the National Defense Au- (A) the name of the country with respect signed flight suit for members of the Armed thorization Act for Fiscal Year 2006 (Public to which the activity will be implemented; Forces. Law 109–163; 119 Stat. 3456; relating to pro- and AMENDMENT NO. 115 gram to build the capacity of foreign mili- (B) the budget, implementation timeline with milestones, and completion date for the Page 92, after line 12, insert the following: tary forces). (2) Section 1033 of the National Defense Au- activity. SEC. 254. NATIONAL DEFENSE EDUCATION PRO- (2) SPECIFIED CONGRESSIONAL COMMITTEES.— GRAM. thorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881; relating to author- The congressional committees specified in If the total amount authorized to be appro- this paragraph are— priated by this Act for the National Defense ity to provide additional support for counter- drug activities of other countries). (A) the Committee on Armed Services, the Education Program for fiscal year 2012 is less Committee on Foreign Relations, and the than the amount requested by the President (3) Amounts authorized to be appropriated by section 301 for operation and mainte- Committee on Appropriations of the Senate; for such program in the budget submitted to and Congress under section 1105 of title 31, nance, Defense-wide activities, and available for the Defense Security Cooperation Agency (B) the Committee on Armed Services, the United States Code, for such fiscal year, the Committee on Foreign Affairs, and the Com- Secretary of Defense may not derive the dif- for the Warsaw Initiative Funds (WIF) for the participation of the North Atlantic Trea- mittee on Appropriations of the House of ference between such amounts from the K–12 Representatives. component of such program. ty Organization (NATO) members in the ex- ercises and programs of the Partnership for (h) RULE OF CONSTRUCTION.—Nothing in AMENDMENT NO. 116 Peace program of the North Atlantic Treaty this section shall be construed to constitute At the end of subtitle A of title XII of divi- Organization. an authorization or extension of any of the sion A of the bill, add the following: (4) Section 23 of the Arms Export Control provisions of law described in subsection (d) (i) TERMINATION OF PROGRAM.—The author- SEC. 12xx. GLOBAL SECURITY CONTINGENCY Act (22 U.S.C. 2763; relating to foreign mili- ity to carry out the program authorized FUND. tary financing program). under subsection (a) terminates at the close (a) AUTHORITY.— (5) Section 481 of the Foreign Assistance of September 30, 2015. An activity under the (1) IN GENERAL.—The Secretary of State, Act of 1961 (22 U.S.C. 2291; relating to inter- program directed before that date may be with the concurrence of the Secretary of De- national narcotics control and law enforce- completed after that date, but only using fense, is authorized to establish a fund, to be ment). funds made available for fiscal years 2012 known as the Global Security Contingency (6) Chapter 5 of part II of the Foreign As- through 2015. Fund, which shall consist of such amounts as sistance Act of 1961 (22 U.S.C. 2347 et seq.; re- may be contributed under paragraph (2) to lating to international military education AMENDMENT NO. 117 the fund, to provide assistance to a foreign and training program). At the end of subtitle B of title XII of divi- country described in subsection (b) for the (7) Chapter 8 of part II of the Foreign As- sion A of the bill, add the following: purposes described in subsection (c). The pro- sistance Act of 1961 (22 U.S.C. 2349aa et seq.; SEC. 12xx. LIMITATION ON FUNDS TO ESTABLISH gram authorized under this subsection shall relating to antiterrorism assistance). PERMANENT MILITARY INSTALLA- be jointly financed and carried out by the (e) FORMULATION AND EXECUTION OF PRO- TIONS OR BASES IN IRAQ AND AF- Department of State and the Department of GRAM.— GHANISTAN. Defense in accordance with the requirements (1) IN GENERAL.—The program authorized (a) NO PERMANENT MILITARY BASES IN of this section. under subsection (a)— IRAQ.—None of the funds authorized to be ap- (2) CONTRIBUTIONS TO FUND.— (A) shall be jointly formulated by the Sec- propriated by this Act may be obligated or (A) IN GENERAL.—For each of fiscal years retary of State and the Secretary of Defense; expended by the United States Government 2012 through 2015, the Secretary of State and and to establish any military installation or base

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.019 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3709 for the purpose of providing for the perma- SEC. 355. MODIFICATION OF REPORT ON SEAD/ the Armed Forces during World War I and nent stationing of United States Armed DEAD MISSION REQUIREMENTS OF identified himself or herself as Jewish on his Forces in Iraq. THE AIR FORCE. or her military personnel records. Section 334 of the Ike Skelton National De- (2) The term ‘‘Secretary concerned’’ (b) NO PERMANENT MILITARY BASES IN AF- fense Authorization Act for Fiscal Year 2011 means— GHANISTAN.—None of the funds authorized to (Public Law 111–383; 124 Stat. 4188) is amend- (A) the Secretary of the Army, in the case be appropriated by this Act may be obligated ed— of the Army; and or expended by the United States Govern- (1) in subsection (a)— (B) the Secretary of the Navy, in the case ment to establish any military installation (A) by striking ‘‘120 days after the date of of the Navy and the Marine Corps. or base for the purpose of providing for the the enactment of this Act’’ and inserting (3) The term ‘‘World War I’’ means the pe- permanent stationing of United States ‘‘August 1, 2011’’; riod beginning on April 6, 1917, and ending on Armed Forces in Afghanistan. (B) by striking ‘‘designating’’ and inserting November 11, 1918. AMENDMENT NO. 118 ‘‘expanding the role of the Air National Guard in conducting’’; and AMENDMENT NO. 121 Page 531, after line 2, insert the following: (C) by striking ‘‘as a responsibility of the Beginning on page 513, line 17, strike sec- SEC. 1099C. SENSE OF CONGRESS REGARDING Air National Guard’’; and tion 1091 and insert the following: THE ESTABLISHMENT OF A KOREAN (2) in subsection (b)(2), by adding at the SEC. 1091. TREATMENT UNDER FREEDOM OF IN- WAR NATIONAL MUSEUM. end the following: FORMATION ACT OF CERTAIN DE- (a) FINDINGS.—Congress makes the fol- ‘‘(D) The capacity and capability of the Air PARTMENT OF DEFENSE CRITICAL lowing findings: National Guard to assume an increased level INFRASTRUCTURE SECURITY INFOR- (1) The Korean War was fought between the of the Department’s SEAD/DEAD mission re- MATION. Republic of Korea, with the assistance of 16 sponsibilities.’’. (a) IN GENERAL.—Chapter 3 of title 10, United States Code, is amended by adding different nations including the United AMENDMENT NO. 120 after section 130e, as added by section 1055, States, and the Democratic People’s Repub- At the end of title V, add the following new the following new section: lic of Korea and People’s Republic of China section: from June 1950 to July 1953. SEC. 5ll. REVIEW REGARDING AWARD OF ‘‘§ 130f. Treatment under Freedom of Informa- (2) This conflict was prompted by the inva- MEDAL OF HONOR TO JEWISH tion Act of critical infrastructure security sion of the Republic of Korea by the com- AMERICAN WORLD WAR I VETERANS. information munist Democratic People’s Republic of (a) REVIEW REQUIRED.—The Secretary of ‘‘(a) EXEMPTION.—Department of Defense Korea. the Army and the Secretary of the Navy critical infrastructure security information (3) 5,700,000 Americans served during the shall review the service records of each Jew- that, if disclosed, may result in the disrup- war and 36,574 died in the conflict, making it ish American World War I veteran described tion, degradation, or destruction of oper- the fifth deadliest war in United States his- in subsection (b) to determine whether that ations, property, or facilities of the Depart- tory. veteran should be posthumously awarded the ment of Defense, shall be exempt from dis- (4) 133 Congressional Medals of Honor were Medal of Honor. closure pursuant to section 552(b)(3) of title (b) COVERED JEWISH AMERICAN WAR VET- awarded for service during the conflict. 5, if the Secretary of Defense determines ERANS.—The Jewish American World War I (5) The first integration of black and white veterans whose service records are to be re- that the public interest consideration in the American members of the Armed Forces in viewed under subsection (a) are the fol- disclosure of such information does not out- combat occurred during the Korean War. lowing: weigh preventing the disclosure of such in- (6) The first use of helicopters and the first (1) Any Jewish American World War I vet- formation. ‘‘(b) INFORMATION PROVIDED TO STATE AND air-to-air combat between modern jets oc- eran who was previously awarded the Distin- LOCAL GOVERNMENTS.—Department of De- curred during the Korean War. guished Service Cross, the Navy Cross, or fense critical infrastructure security infor- (7) There are currently an estimated other military decoration for service during mation obtained by a State or local govern- 2,440,000 living American veterans of the Ko- World War I. ment from a Federal agency shall remain rean War. (2) Any other Jewish American World War under the control of the Federal agency, and (8) The United Nations deployed troops I veteran whose name is submitted to the into combat for the first time during the Ko- a State or local law authorizing or requiring Secretary concerned for such purpose by the such a government to disclose information rean War. Jewish War Veterans of the United States of (9) The conflict marked the first armed shall not apply to such critical infrastruc- America before the end of the one-year pe- ture security information. struggle between democracy and com- riod beginning on the date of the enactment munism, as well as the first time the ad- ‘‘(c) DEPARTMENT OF DEFENSE CRITICAL IN- of this Act. FRASTRUCTURE SECURITY INFORMATION DE- vance of communism was halted. (c) CONSULTATIONS.—In carrying out the re- FINED.—In this section, the term ‘Depart- (10) After the signing of the Armistice view under subsection (a), the Secretary con- Agreement on July 27, 1953, ending hos- cerned shall consult with the Jewish War ment of Defense critical infrastructure secu- tilities, there was established the Demili- Veterans of the United States of America rity information’ means sensitive but un- tarized Zone, which has allowed the Republic and with such other veterans service organi- classified information related to critical in- of Korea to grow into a dynamic and stable zations as the Secretary considers appro- frastructure information owned or operated democracy while situated on the border of priate. by or on behalf of the Department of Defense one of the least free countries in the modern (d) RECOMMENDATION BASED ON REVIEW.—If that could substantially facilitate the effec- world. the Secretary concerned determines, based tiveness of an attack designed to destroy (11) An official national museum honoring upon the review under subsection (a) of the equipment, create maximum casualties, or the conflict and all those who served does service records of any Jewish American steal particularly sensitive military weapons not currently exist. World War I veteran, that the award of the including information regarding the securing Medal of Honor to that veteran is warranted, and safeguarding of explosives, hazardous (b) SENSE OF CONGRESS.—It is the sense of chemicals, or pipelines. Congress that— the Secretary shall submit to the President a recommendation that the President award ‘‘(d) REGULATIONS.—The Secretary of De- (1) efforts to increase education and public the Medal of Honor posthumously to that fense shall prescribe regulations to imple- awareness of the Korean War and to honor veteran. ment this section. Such regulations shall en- and promote gratitude for those who served (e) AUTHORITY TO AWARD MEDAL OF sure the consistent application of the exemp- in the Korean War should be encouraged; HONOR.—A Medal of Honor may be awarded tion in subsection (a) across the military de- (2) the people who have demonstrated lead- posthumously to a Jewish American World partments and that specifically identify offi- ership and spearheaded the development of a War I veteran in accordance with a rec- cials in each military department who shall museum to promote awareness of the Korean ommendation of the Secretary concerned be delegated the Secretary’s authority under War and honor those who served in it should under subsection (a). this section.’’. be commended; and (f) WAIVER OF TIME LIMITATIONS.—An (b) CLERICAL AMENDMENT.—The table of (3) a national museum, to be located in award of the Medal of Honor may be made sections at the beginning of such chapter is Chicago, Illinois, should be established to— under subsection (e) without regard to— amended by adding at the end the following (A) educate visitors on the service, sac- (1) section 3744, 6248, or 8744 of title 10, new item: rifices, and contributions of those who United States Code; and ‘‘130f. Treatment under Freedom of Informa- fought in Korea; (2) any regulation or other administrative tion Act of certain critical in- (B) honor Korean War veterans; restriction on— frastructure security informa- (C) preserve the legacy and history of the (A) the time for awarding the Medal of tion.’’. Korean War conflict; and Honor; or (D) celebrate the advances in democracy (B) the awarding of the Medal of Honor for AMENDMENT NO. 122 and freedom made by the people of the Re- service for which a Distinguished Service At the end of subtitle J of title V of Divi- public of Korea. Cross, Navy Cross, or other military decora- sion A, add the following new section: tion has been awarded. SEC. 598. LIMITATION ON MILITARY MUSICAL AMENDMENT NO. 119 (g) DEFINITIONS.—In this section: UNITS. Page ll, after line ll, insert the fol- (1) The term ‘‘Jewish American World War Amounts appropriated pursuant to the au- lowing: I veteran’’ means any person who served in thorization of appropriations in this Act for

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.019 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3710 CONGRESSIONAL RECORD — HOUSE May 26, 2011 military musical units (as defined in section Law 108–136; 10 U.S.C. 2501 note) is amended be in place for another couple of years. 974 of title 10, United States Code) may not in subsection (c)(2)(A) by striking clause (vi) Governor McDonnell’s project will not exceed $200,000,000. and inserting the following: be completed for 5 years. This limits AMENDMENT NO. 123 ‘‘(vi) An itemized list of all waivers grant- the number of vehicles that can drive At the end of title X, add the following: ed with respect to such articles, materials, or supplies under chapter 83 of title 41 (com- to this site until these improvements SEC. ll. INTERAGENCY COLLABORATION. monly referred to as the Buy American Act), are in place. It needs to be included on The Assistant Secretary of Defense for Re- including— behalf of those 200,000 commuters, and search and Engineering shall collaborate ‘‘(I) an analysis of the domestic capacity to the surrounding residents. with the Under Secretary for Science and supply the articles, materials, or supplies; Again, I want to greatly thank the Technology of the Department of Homeland and Security to identify equipment and tech- chairmen of the full committee and the ‘‘(II) an analysis of the reasons for an in- nology used by the Department of Defense subcommittee and the ranking member crease or decrease in the number of waivers that could be used by U.S. Customs and Bor- for including the amendment. granted from fiscal year to fiscal year.’’. der Protection to improve the security of the Mr. MCKEON. I continue to reserve international borders between the United The Acting CHAIR. Pursuant to the balance of my time. States and Mexico, and the United States House Resolution 276, the gentleman Mr. SMITH of Washington. I yield 1 and Canada, by— from California (Mr. MCKEON) and the minute to the gentleman from Illinois (1) detecting anomalies such as tunnels and gentleman from Washington (Mr. (Mr. LIPINSKI). breaches in perimeter security; SMITH) each will control 10 minutes on Mr. LIPINSKI. Mr. Chairman, I rise (2) detecting the use of unauthorized vehi- the amendments en bloc. cles; in support of these en bloc amend- (3) enhancing wide-area surveillance; The Chair recognizes the gentleman ments. (4) using autonomous vehicles for security; from California. The Korean War is often referred to and Mr. MCKEON. Mr. Chairman, I urge as ‘‘the Forgotten War,’’ but the toll it (5) otherwise improving the enforcement of the Committee to adopt the amend- took on those who served and the mark such borders. ments en bloc, all of which have been it left on America, American veterans, AMENDMENT NO. 124 examined by both the majority and the Korea, and the world is indelible. A At the end of title XXVII, add the fol- minority. group of dedicated individuals, led by lowing new section: I reserve the balance of my time. Korea veteran Denis Healy, has begun SEC. 2707. LIMITATION ON BRAC 133 PROJECT IM- Mr. SMITH of Washington. Mr. work on the Korean War National Mu- PLEMENTATION. Chairman, I yield 2 minutes to the gen- seum to be located in Chicago. The Secretary of Defense may not use tleman from Virginia (Mr. MORAN). This amendment, which I introduced more than 1,000 parking spaces provided by Mr. MORAN. Mr. Chairman, I support the combination of spaces provided by the with my colleague from Illinois, PETER BRAC 133 project and the lease of spaces in this en bloc amendment, but I would ROSKAM, supports increased efforts to the immediate vicinity of the BRAC 133 like to speak on behalf of one of the educate and raise public awareness of project until both of the following occur: amendments included in it. I greatly the Korean War and of the establish- (1) The Secretary of Defense documents ei- thank the chairman and the ranking ment of such a museum. This museum ther a Record of Environmental Consider- member for including it. will preserve the legacy and history of ation or a Supplemental Environment As- This fall, 6,400 Department of Defense the war, commemorate the sacrifices sessment for the finding in the 2008 BRAC 133 employees are scheduled to occupy an made by those who served, and cele- Environmental Assessment of no significant office complex less than 5 miles from impact. brate the advances in freedom and de- (2) The Secretary of Defense certifies that the U.S. Capitol. It is known as the mocracy made by the Republic of all defense access road-certified mitigation Mark Center. It is on U.S. Route 395 Korea. projects related to the BRAC 133 project and Seminary Road. The veterans of this important con- have been constructed. flict deserve our recognition, honor, b 1150 AMENDMENT NO. 125 and appreciation. A national museum At the end of subtitle G of title VI (page According to five separate transpor- will ensure that what they accom- 319, after line 3), add the following new sec- tation studies, including the Army’s plished will be remembered. tion: own Transportation Management Plan I thank Chairman MCKEON and Rank- SEC. 662. REPORT ON INCENTIVES FOR RECRUIT- and a highly critical Department of De- ing Member SMITH for supporting this MENT AND RETENTION OF HEALTH fense Inspector General report, this lo- amendment. CARE PROFESSIONALS FOR RE- SERVE COMPONENTS. cation was improperly chosen and inad- Mr. MCKEON. Mr. Chairman, I yield 1 Not later than 90 days after the date of the equately designed to handle the traffic minute to my friend and colleague, the enactment of this Act, the Surgeons General it will create. It will, thus, result in se- gentleman from Missouri (Mr. of the Army, Navy, and Air Force shall sub- vere congestion on 395 and on all of the LUETKEMEYER). mit to Congress a report on their staffing roads surrounding the site. The prob- Mr. LUETKEMEYER. Mr. Chairman, needs for health care professionals in the ac- lem is that about 200,000 commuters I am proud to rise in support of an tive and reserve components of the Armed use 395 every day. We estimate it will amendment that would allow for the Forces. Such report shall— cause a 1- to 2-hour additional delay for (1) identify the positions in most critical review of service records of eligible need for additional health care professionals, those commuters. Jewish American veterans from World including— The National Academy of Sciences War I. (A) the number of physicians needed; and looked at it. They said, if this goes I want to thank Chairman MCKEON (B) whether additional behavioral health through in the fall, it will compromise and Ranking Member SMITH, along professionals are needed to treat members of the military mission that is the re- with my colleagues who sponsored this the Armed Forces for post traumatic stress sponsibility of the Washington Head- legislation, for their support of this im- disorder and traumatic brain injury; and quarters Services people who would oc- portant issue. (2) recommend incentives for healthcare cupy the building, and it will cause se- We owe much to the patriotic Ameri- professionals with more than 20 years of clin- ical experience to join the active or reserve vere damage to the regional economy. cans who have worn and are wearing components, including changes in age or What this amendment does is to simply the uniforms of our Nation’s Armed length of service requirements to qualify for limit the number of vehicles that can Forces. Our country has been blessed partial retired pay for non-regular service. come to this site to no more than 1,000 to have citizens who have selflessly AMENDMENT NO. 126 until traffic mitigation measures are volunteered to defend our Nation and At the end of subtitle E of title VIII, add in place. our freedom. Unfortunately, due to dis- the following new section: The Department of Defense has fi- crimination, qualified soldiers have not SEC. 845. ADDITIONAL INFORMATION ON WAIV- nally reprogrammed $20 million for been considered for the Medal of Honor, ERS UNDER THE BUY AMERICAN some of the needed improvements. which is the highest military decora- ACT BY DEPARTMENT OF DEFENSE Governor McDonnell of Virginia has al- tion awarded by our government. REQUIRED TO BE INCLUDED IN AN- NUAL REPORT. located $80 million for a ramp that In 2001, Congress passed the Leonard Section 812 of the National Defense Au- would come off the HOV lanes onto the Kravitz Jewish War Veterans Act, thorization Act for Fiscal Year 2004 (Public site. But, the Pentagon’s money won’t which had broad bipartisan support.

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.019 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3711 This important piece of legislation pre- those suffering from post traumatic stress dis- the House Appropriations Committee and Sen- sented Jewish soldiers the opportunity order (PTSD). As a Member of Congress from ior Leaders from DOD for more than four to receive the Medal of Honor for their Texas, a state which has sustained more cas- years to secure $1,000,000 in federal funding service in World War II. However, Jew- ualties in the ongoing conflicts in Afghanistan in the 2010 Defense Appropriations Bill for ish veterans of World War I faced simi- and Iraq than all but one other state, I am Riverside General Hospital. These funds pro- lar discrimination, and have not yet pleased to offer this amendment. vided facilities and services to treat Post Trau- been afforded the opportunity to re- My amendment is intended to address the matic Stress Disorders (PTSD) for National ceive recognition for their service. urgent need for access to post traumatic Guardsmen, Reservists and Veterans dis- Last Congress, this amendment was stress disorder (PTSD) treatment and coun- charged and/or on leave. included as part of an en bloc group of seling facilities servicing veterans. This in- These funds represented a major step to- amendments that was agreed to by the cludes veterans living in some of the more dis- wards providing expanded resources in the House by a vote of 416–1. We urge its tressed areas of our country. heart of the city of Houston for those suffering adoption. We must encourage the establishment of in- from Post Traumatic Stress Disorders. Mr. SMITH of Washington. I yield 2 novative public-private partnerships for the The DOD awarded grant recognized the im- minutes to the gentlelady from Texas treatment and research of PTSD in teaching portance of expanded efforts in diverse com- (Ms. JACKSON LEE). hospitals across the country by placing a munities around the country, as the govern- Ms. JACKSON LEE of Texas. I rise to focus on the importance of caring for those ment seals its promise to ensure our veterans support the en bloc amendments and who live with post traumatic stress disorder. and warriors in uniform have the best medical particularly my amendment dealing We can never do enough to honor our care available. with post-traumatic stress disorder. wounded veterans. The Congressional Re- These funds provided trained experienced My amendment sends a clear and re- search Service puts the number of troops de- physicians, nurses, therapists and other sounding message that we take all ployed since 2000 suffering from post trau- healthcare professionals the necessary serv- wounds endured by our veterans seri- matic stress disorder (PTSD) at nearly 67,000. ices to treat Post Traumatic Stress Disorders ously. Although their wounds may be Post traumatic stress disorder is one of the for Military Personnel and Veterans dis- invisible, we recognize that they most prevalent and devastating psychological charged and/or on leave of duty. In addition, should be properly treated. One of the wounds suffered by the brave men and Riverside General Hospital is now able to pro- best ways to increase the treatment of women fighting in far off lands to defend the vide psychiatric, medical emergency medical post-traumatic stress disorder is to ac- values and freedom we hold dear. This coun- inpatient, and outpatient services. cess treatment and to increase treat- try has the necessary resources to provide There are currently close to 200,000 military ment in a number of local and commu- Veterans and members of the Armed Forces and civilian personnel in the state of Texas, nity medical facilities. with world class care. many living in the Houston area. Riverside I want to thank the chairman and I represent a district that is home to one of General Hospital, located in the 18th Congres- the ranking member for accepting this the largest populations of military service sional District, is the only hospital in Texas pri- amendment and for recognizing the members and their families in the nation. vately owned by African-Americans. enormous burden that has come about There are over 200,000 veterans of military Riverside General Hospital was founded through PTSD. service who live and work in Houston; more due to the heroic efforts of veterans in the According to the Defense Medical Ep- than 13,000 are veterans from the Iraq and Af- First World War. Riverside General Hospital, idemiology Database, the number of ghanistan. For the brave men and women who formerly the Houston Negro Hospital, was hospitalizations and outpatient visits have been wounded in combat, help is on the erected in 1926 in memory of Lieutenant John in which PTSD was a primary diag- way. Halm Cullinan, US. Army. Riverside General nosis between 2000 and 2009 was 5,307 Mr. Chair, my amendment sends the clear Hospital is the only private African-American- hospitalizations and 578,120 outpatient and resounding message that we take all owned hospital in the state of Texas that is visits. wounds endured by our veterans seriously. Al- contracted to provide inpatient psychiatric and I also rise today in honor of my though a soldier’s wounds are invisible to the inpatient detoxification services to TRICARE friend and late colleague, Congressman naked eye; they are still wounds that should beneficiaries. John Murtha, who worked with me to be properly treated. One of the best ways to establish an outsourcing clinic in the increase access to treatment is to increase the POST TRAUMATIC STRESS DISORDER Houston area at the Riverside Hospital. number of medical facilities specializing in I have always been a supporter of the men What a difference it makes. If proper post traumatic stress disorder located in un- and women in the military, visiting every com- medical care is given, about 40 percent derserved urban areas. Access to post trau- bat zone, including Bosnia, Kosovo, Albania, to 60 percent of people who develop matic stress disorder treatment is especially with numerous visits to Afghanistan and Iraq. PTSD can get better care. important since veterans living in such areas After interacting with our deployed warriors, I How many of us can even talk about are less likely to be diagnosed and treated for began to understand the actual devastation this experience short of our Members post traumatic stress disorder. caused by PTSD, which fueled my passion to who have experienced combat who are In Houston the Veterans Affairs Medical help create a facility to help and provide care here in the United States Congress? Center (VAMC) is the primary point of care for for those military members and veterans af- The average American who has not most returning veterans. It serves over 6,000 fected. does not know the trauma of experi- veterans in the area. 90% of those served at There have been several reports of Military encing danger every day in protecting the VAMC are men, and 21% have been diag- Personnel to include National Guardsman, Re- themselves and their comrades. nosed with some form of depression or PTSD. servists and Veterans suffering from PTSD- They come home. They deserve not We need to include community based health like symptoms for well over 100 years. Some only our celebration of their return but care providers to reach veterans living in un- examples are veterans of the US Civil War, to be treated so that they can go on derserved urban areas. The treatment of who suffered emotional problems and were with their lives. Since October 2004, ap- PTSD should be community based. said to be afflicted with ‘‘soldier’s heart’’ or proximately 1.64 million U.S. troops As a senior member of the Judiciary and the ‘‘Da Costa’s Syndrome’’; veterans of World have been deployed for the OEF and Homeland Security Committees, I agree with War I was diagnosed as ‘‘shell Shocked’’; and OIF in Afghanistan and Iraq. Let’s say President Obama and the Administration in re- veterans of World War II were classified with to our soldiers: You are deserving of affirming our commitment to supporting our ‘‘battle fatigue’’ or ‘‘combat fatigue’’. Other our care. veterans and military warriors. The $1,000,000 terms used to describe military-related mood Let us provide more access to care Department of Defense (DOD) awarded grant disturbances include ‘‘nostalgia’’, ‘‘not yet di- for post-traumatic stress disorder. I ap- recognized the importance of expanded efforts agnosed nervousness’’, ‘‘irritable heart’’, ‘‘effort preciate your support for this en bloc in diverse communities around the country, as syndrome’’, ‘‘war neurosis’’ and ‘‘operational amendment. the government seals its promise to ensure exhaustion’’. Mr. Chair, I rise today in support of my our Military Personnel and Veterans have the War veterans are the most publicly-recog- amendment #112 to H.R. 1540, ‘‘National De- best medical care available. nized victims of PTSD; long-term psychiatric fense Authorization Act For Fiscal Year 2011,’’ It has been a long fought battle, as I have illness was formally observed in World War I as it will send a clear message on the impor- worked tirelessly with the late John Murtha, and the syndrome entered public conscious- tance of increasing access to treatment for Chairman of the Subcommittee on Defense, of ness after the Vietnam War.

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.045 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3712 CONGRESSIONAL RECORD — HOUSE May 26, 2011 TREATING THE ‘‘INVISIBLE WOUNDS OF WAR’’ and African American male Vietnam theater For those of us whose daily existence is not According to the Defense Medical Epidemi- Veterans had higher rates of PTSD than lived in harm’s way, it is difficult to imagine the ology Database, the number of hospitaliza- Whites. Rates of current PTSD in the 1990 horrific images that American servicemen and tions and outpatient visits in which PTSD was study were 28% among Hispanics, 21% women deployed in Iraq, Afghanistan, and the primary diagnosis between 2000 and 2009 among African Americans, and 14% among other theaters of war have faced. At the height were: Whites. of the insurgency, the Congressional Re- 5,307 Hospitalizations African Americans had greater exposure to search Service places the number of attacks 578,120 outpatient visits war stresses and had more predisposing fac- against American and coalition forces at 1,400 Military Personnel and Veterans with PTSD tors than Whites, which appeared to account per day. The Armed Forces reports over, have lived through traumatic events, causing for their higher rate of PTSD. After controlling 4,000 troops have died and tens of thousands many of them to fear for their lives, bear wit- for these factors, the differences in PTSD have been wounded in Operations Enduring ness to horrible things, and feel helpless and rates between Whites and African Americans Freedom and Iraqi Freedom. According to the hopeless. PTSD symptoms usually start soon largely disappeared. On the other hand, the Department of Defense (DOD), 36,471 military after the traumatic event, but they may not ap- difference in rates of PTSD between Hispanics personnel were medically evacuated from Iraq pear until months or years later. If provided and Whites remained even after controlling for between 2003 and 2007 alone. proper medical care, about half (40% to 60%) the fact that Hispanics had greater exposure My amendment recognizes that these sol- of people who develop PTSD get better at to war stresses. African Americans and His- diers are first and foremost, human. They some time. panics often live in communities that do not carry their experiences with them. In order to Since October 2001, approximately 1.64 mil- have adequate access to health care services. increase access we must first increase the lion U.S. troops have been deployed for Oper- I again stress that veterans who live in under- number of medical facilities specializing in ations Enduring Freedom and Iraqi Freedom served areas should have adequate access to PTSD that are located in underserved urban (OEF/OIF) in Afghanistan and Iraq. Early evi- services. areas, and conducting a concurrent study on dence suggests that the psychological toll of For those of us whose daily existence is not increasing access to PTSD treatment at these these deployments—many involving prolonged lived in harm’s way, it is difficult to imagine the facilities and that those soldiers will never feel exposure to combat-related stress over mul- horrific images that American servicemen and forgotten or taken for granted. These soldiers tiple rotations—may be disproportionately high women deployed in Iraq, Afghanistan, and can be certain that Members of Congress will compared with the physical injuries of combat. other theaters of war see on a daily basis. In ensure that they receive the necessary treat- In the face of mounting public concern over an instant a suicide bomber, an TIED, or an ment to guarantee that their adjustment back post-deployment health care issues con- insurgent can obliterate your best friend and into society is a successful one. fronting OEF/OIF veterans, several task right in front of your face. Yet, you are trained As the war in Iraq continues to drag on, and forces, independent review groups, and a and expected to continue on with the mission, with our country continuing to send military President’s Commission have been convened and you do . . . you do this for your country. personnel to Afghanistan, the military has Mr. Chair, according to surveys conducted to examine the care of the war wounded and been overwhelmed with returning soldiers suf- of troops in Iraq, 15–20% of Army soldiers make recommendations. Many recent reports fering from mental health problems. have demonstrated signs of post traumatic have referred to PTSD as the signature wound I am committed to improving the lives of stress. Symptoms of this serious disorder in- thousands of veterans who have risked their of the Afghanistan and Iraq conflicts. With the clude nightmares, flashbacks, emotional de- increasing incidence of suicide and suicide at- lives for our nation, and I believe my amend- tachment, dissociation, insomnia, loss of appe- ment plays a crucial role in ensuring that vet- tempts among returning veterans, concern tite, memory loss, clinical depression, and about depression is also on the rise. PTSD erans suffering from post traumatic stress dis- anxiety. One year after returning from combat, order receive the medical treatment they des- impacts not only the service member as the approximately 35% of soldiers are seeking aftershock of this invisible wound victimizes perately need. some kind of mental health treatment. Among Mr. MCKEON. Mr. Chairman, I yield 1 the families as well feel. soldiers still stationed in Iraq and Afghanistan, minute to my friend and colleague, the The Army says that for the first time the rate many incidents of abuse, including killings and chairman of the Oversight and Inves- of suicide in the military exceeded that of the rapes by U.S. soldiers, have been attributed to tigations Subcommittee, the gen- general population last year—20.2 per ethics lapses caused by the strain of combat. tleman from Virginia (Mr. WITTMAN). 100,000 people in the military, compared with Most people with PTSD repeatedly relive Mr. WITTMAN. Mr. Chairman, I rise the civilian rate of 19.5 per 100,000. (The the trauma in their thoughts during the day to speak in favor of the en bloc amend- Centers for Disease Control say the overall ci- and in nightmares when they sleep. These are ments, specifically amendment No. 124, vilian suicide rate was 11 per 100,000 for called flashbacks. Flashbacks may consist of introduced by my colleague Mr. MORAN 2005—the most recent year available—but the images, sounds, smells, or feelings, and are of Virginia. Army adjusts the figure to reflect the military’s often triggered by ordinary occurrences, such I think it is absolutely critical that younger and much more heavily male demo- as a door slamming or a car backfiring on the this gets passed. Mr. MORAN knows the graphics.) The Army’s suicide rate was 12.7 street. A person having a flashback may lose potential problems with the BRAC fa- per 100,000 in 2005, 15.3 in 2006 and 16.8 in touch with reality and believe that the trau- cility there in Alexandria if we don’t 2007. matic incident is happening all over again. limit the number of parking spaces Although veterans who served in combat The current conflicts in Afghanistan and Iraq there. He knows clearly there are a are most frequently afflicted by PTSD, events are the most continuous combat operations number of challenges that if not ad- such as the Fort Hood shooting highlight the since Vietnam. Soldiers in Iraq are at risk for dressed in a timely fashion are going to physical and psychological dangers facing being killed or wounded themselves, are likely create unacceptable traffic problems in military personnel in all roles. to have witnessed the suffering of others, and the region. Consequently, I believe it is extremely vital may have participated in killing or wounding We have worked with the Governor, to extend to our civilian personnel the same others as part of combat operations. All of and we have worked with the Congress benefits and support that we give to our active these activities have a demonstrated associa- to make sure that resources are flow- duty military. Civilians and military members tion with the development of PTSD. One study ing in a proper way and to make sure on Fort Hood have equal responsibility to pro- published in the American Journal of Medicine that we have a breather by which to tect our nation and, as such, it is morally im- indicated that 94% of soldiers in Iraq reported put in the infrastructure to make sure perative that we work to honor these civilians receiving small-arms fire. In addition, 86% of that traffic can efficiently get in and by providing them with equal support in the soldiers in Iraq reported knowing someone out of that facility. If we’re going to be aftermath of such traumatic incidents. who was seriously injured or killed, 68% re- creating bigger problems than what As our nation continues to fight injustices at ported seeing dead or seriously injured Ameri- we’re trying to solve with this, then we home and abroad, we must remain committed cans, and 51% reported handling or uncover- are not going to be doing what is in the to caring for those who give life and limb, so ing human remains. The majority, 77%, of sol- best interest of the public. that we can enjoy our daily freedoms. diers deployed to Iraq reported shooting or di- Limiting the spaces there to 1,000 According to a National Vietnam Veterans recting fire at the enemy, 48% reported being gives us that breathing space as well as Readjustment Study there are differences responsible for the death of an enemy com- makes sure that the Federal Govern- among Hispanic, African American, and White batant, and 28% reported being responsible ment and the State government put in Vietnam Theater Veterans in terms of read- for the death of a noncombatant. (Hoge et al., the necessary traffic infrastructure im- justment after military service. Both Hispanic 2004). provements there to make sure we can

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.015 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3713 accommodate that traffic and to make Ms. LEE. First, let me thank Chair- We are debating a budget today sure we aren’t interfering with what is man MCKEON and also Ranking Mem- which is about $550 billion, but there is happening elsewhere. ber SMITH for agreeing to include my another $120 billion which goes under Again, I urge my colleagues to sup- amendment in this en bloc amendment Overseas Contingency Operations port the amendment. for consideration. I urge support for which we do not debate or scrutinize Mr. SMITH of Washington. I yield 1 these en bloc amendments and specifi- nearly as much as we should. What minute to the gentleman from Rhode cally for my amendment, 117, which that money does is actually brings us Island (Mr. LANGEVIN). prohibits funding to construct perma- to a military spending bill that is not (Mr. LANGEVIN asked and was given nent military bases in Iraq and Afghan- in the 500 billions but is $670 billion. permission to revise and extend his re- istan. A lot of that money is not going to marks.) I have consistently, and we have suc- emergency spending but ongoing oper- Mr. LANGEVIN. I thank the gen- cessfully, worked to include this prohi- ations. Did anybody last year think we tleman for yielding. bition of funding for permanent bases were going to be out of Afghanistan or Mr. Chairman, my amendment would in Iraq and Afghanistan since 2001. Due Iraq this year? No. That money should basically ensure that the total cut to to our efforts and the support of all of be in their base budget. the National Defense Education Pro- our colleagues here on a bipartisan As a member of the Defense appro- gram does not come from its K–12 edu- basis who understand the importance priations committee, I have submitted cation program, which links DOD sci- of prohibiting permanent bases in these language on our bill to straighten this entists and engineers with students countries, this language has histori- out, and I hope that Congress will take and teachers in the Science, Tech- cally been included in the Defense au- a look at it down the road. I do support nology, Engineering, and Mathematics, thorization and appropriations bills this amendment, however, and I thank or STEM, fields. We know that our Na- and signed into law by President Bush the gentleman from California for the tion is woefully behind in these subject and President Obama. In fact, in work- time. matters. If we don’t engage future gen- ing with our colleagues, we were suc- Mr. LARSEN of Washington. Mr. Chair, I erations to excel in these fields, it will cessful in placing the same language in rise today to speak about my amendment to hurt both our capability for innovation the continuing resolution which was the Defense Authorization bill. and our national security. passed by the House and signed into This amendment establishes a Global Con- NDEP supports national competi- law by President Obama in April of tingency Security Fund, jointly administered by tions to create locally based, content- 2011. the Department of State and Department of rich environments and robust learning The Acting CHAIR. The time of the Defense. opportunities for students and teachers gentlewoman has expired. This fund is meant to build the capacity of Mr. SMITH of Washington. I yield with an understanding of the real- foreign nations to combat terrorist organiza- the gentlewoman 1 additional minute. world application of the STEM fields. Ms. LEE. By including this language tions and to stabilize their regions, goals con- Just last year, 1,750 DOD scientists and in this bill, we are absolutely being sistent with U.S. national security interests. engineers from 48 DOD laboratories in clear that the policy of the United The defense and security infrastructure of for- 26 States engaged more than 180,000 States in Afghanistan and Iraq has eign nations varies and this fund provides students and 8,000 teachers in outreach never included permanent bases and State and DOD the flexibility necessary to pro- and informal education initiatives. will never include permanent bases. vide training and equipment to our foreign partners where it will have the best effect. b 1200 However, I’m disappointed that we didn’t go one step further today by My amendment spends no new money— So, Mr. Chairman, I believe that we considering my amendment to begin a rather, it allows resources to be pooled from actually have to make investment in sizeable and significant reduction of existing monies available to State and DOD. these STEM programs, and I encourage our Armed Forces beginning this July Additionally, it requires that human rights my colleagues to support this amend- so that we can begin to end the longest and legitimate civilian authority and govern- ment. war in American history. ments are respected in every activity and use Mr. MCKEON. Mr. Chairman, I yield 1 But I am urging our colleagues to of the fund. minute to my friend and colleague, the support the amendment prohibiting The best thing we can do to stabilize and gentleman from Illinois (Mr. permanent military bases in Iraq and strengthen volatile regions of the globe is to KINZINGER). Afghanistan. It’s critical in fighting build partner capacity, something my amend- Mr. KINZINGER of Illinois. I thank the perception held by many in Iraq ments aims to achieve. the chairman for yielding. and Afghanistan that we are an occu- I thank Armed Services Committee Chair I rise today in support of amendment pying army or that we intend to re- MCKEON and Ranking Member SMITH and For- No. 114. main as an occupying force. That per- eign Affairs Committee Chair ROS-LEHTINEN A few months ago, the DOD awarded ception fuels the insurgency and the and Ranking Member BERMAN for their support a $99 million contract for the redesign Taliban and makes our troops more and cosponsorship of the amendment. of the flight suit. While the intentions vulnerable and further threatens our Mr. SMITH of Washington. Mr. are definitely good, at a time when we national security. Chairman, I yield back the balance of find ourselves in fiscal strains and find- So I want to thank the chairman my time. ing ways to spend money most effi- again and our ranking member for the Mr. MCKEON. I ask my colleagues to ciently, I believe this isn’t it. time and for including this amendment support these amendments, and I yield As an Air Force pilot, somebody that in the en bloc package of amendments. back the balance of my time. wears the current flight suit, I be- Mr. MCKEON. Mr. Chairman, I yield 1 The Acting CHAIR. The question is lieve—and I’ve talked to many of my minute to my friend and colleague, the on the amendments en bloc offered by colleagues in the military, as I cur- gentleman from Georgia (Mr. KING- the gentleman from California (Mr. rently serve, that believe the current STON). MCKEON). flight suit works just fine. It serves the Mr. KINGSTON. Mr. Chairman, I The en bloc amendments were agreed purpose that it was designed for and in stand in support of the amendment and to. fact does a very good job. the passage of the bill, but I want to AMENDMENTS EN BLOC NO. 5 OFFERED BY MR. So again, while we’re looking at ways raise a point which is of great concern MCKEON to have efficiencies and ways to spend to me as an appropriator and as a fiscal Mr. MCKEON. Mr. Chairman, pursu- our money most wisely, I ask that you conservative, and that is the Penta- ant to H. Res. 276, I offer amendments adopt amendment No. 114, which would gon’s practice—and it’s being practiced en bloc. stop this $99 million redesign of the by the Obama administration as it was The Acting CHAIR. The Clerk will flight suit worn by only a few thousand by the Bush administration—of putting designate the amendments en bloc. people. the war on terrorism money for Af- Amendments en bloc No. 5 consisting Mr. SMITH of Washington. Mr. ghanistan and Iraq and other places of amendment Nos. 127, 128, 129, 130, 131, Chairman, I yield 1 minute to the gen- around the globe off the military budg- 132, 133, 135, 136, 137, 138, 139, 140, 142, 46, tlewoman from California (Ms. LEE). et. 143, 144, 145, 146, and 147 printed in

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.047 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3714 CONGRESSIONAL RECORD — HOUSE May 26, 2011 House Report 112–88 offered by Mr. SEC. 5ll. AUTHORIZATION AND REQUEST FOR ‘‘CHAPTER 3—NATIONAL ANTHEM, MOTTO, AWARD OF MEDAL OF HONOR TO MCKEON: AND OTHER NATIONAL DESIGNATIONS’’. EMIL KAPAUN FOR ACTS OF VALOR AMENDMENT NO. 127 OFFERED BY MR. NUGENT DURING THE KOREAN WAR. (2) TABLE OF CHAPTERS.—The item relating to chapter 3 in the table of chapters for such At end of subtitle C of title V, add the fol- (a) AUTHORIZATION.—Notwithstanding the title is amended to read as follows: lowing new section: time limitations specified in section 3744 of SEC. 527. RETROACTIVE AWARD OF ARMY COM- title 10, United States Code, or any other ‘‘3. National Anthem, Motto, and BAT ACTION BADGE. time limitation with respect to the awarding Other National Designations ...... 301’’. (a) AUTHORITY TO AWARD.—The Secretary of certain medals to persons who served in (3) TABLE OF SECTIONS.—The table of sec- of the Army may award the Army Combat the Armed Forces, the President is author- tions at the beginning of such chapter is Action Badge (established by order of the ized and requested to award the Medal of amended by adding at the end the following Secretary of the Army through Head- Honor posthumously under section 3741 of new item: quarters, Department of the Army Letter such title to Emil Kapaun for the acts of ‘‘306. National Song of Remembrance.’’. 600-05-1, dated June 3, 2005) to a person who, valor during the Korean War described in Amend the table of contents in section 2(b) while a member of the Army, participated in subsection (b). by inserting after the item relating to sec- combat during which the person personally (b) ACTS OF VALOR DESCRIBED.—The acts of tion 1099B the following new item: engaged, or was personally engaged by, the valor referred to in subsection (a) are the ac- enemy at any time during the period begin- tions of then Captain Emil Kapaun as a Sec. 1099C. Designation of ‘‘Taps’’ as Na- ning on December 7, 1941, and ending on Sep- member of the 8th Cavalry Regiment during tional Song of Remembrance. tember 18, 2001 (the date of the otherwise ap- the Battle of Unsan on November 1 and 2, AMENDMENT NO. 132 OFFERED BY MS. plicable limitation on retroactivity for the 1950, and while a prisoner of war until his RICHARDSON award of such decoration), if the Secretary death on May 23, 1951, during the Korean Page 531, after line 2, insert the following: determines that the person has not been pre- War. SEC. 1099C. SENSE OF CONGRESS REGARDING viously recognized in an appropriate manner AMENDMENT NO. 130 OFFERED BY MR. POMPEO UNITED STATES NORTHERN COM- for such participation. MAND PREPAREDNESS. (b) PROCUREMENT OF BADGE.—The Sec- At the end of subtitle C of title V, add the It is the sense of the Congress that— retary of the Army may make arrangements following new section: (1) the United States Northern Command with suppliers of the Army Combat Action SEC. 5ll. NOTIFICATION REQUIREMENT FOR plays a crucial role in providing additional Badge so that eligible recipients of the Army DETERMINATION MADE IN RE- response capability to State and local gov- Combat Action Badge pursuant to subsection SPONSE TO REVIEW OF PROPOSAL ernments in domestic disaster relief and con- (a) may procure the badge directly from sup- FOR AWARD OF MEDAL OF HONOR sequence management operations; pliers, thereby eliminating or at least sub- NOT PREVIOUSLY SUBMITTED IN TIMELY FASHION. (2) the United States Northern Command stantially reducing administrative costs for must continue to build upon its current ef- Section 1130(b) of title 10, United States the Army to carry out this section. forts to develop command strategies, leader- Code, is amended by adding at the end the AMENDMENT NO. 128 OFFERED BY MR. PEARCE ship training, and response plans to effec- following new sentence: ‘‘If the determina- tively work with civil authorities when act- At the end of title VIII, add the following tion includes a favorable recommendation ing as the lead agency or a supporting agen- new section: for the award of the Medal of Honor, the Sec- cy; and SEC. 845. ASSESSMENT OF DEPARTMENT OF DE- retary of Defense, instead of the Secretary (3) the United States Northern Command FENSE CONTRACTING ACTIONS AND concerned, shall make the submission under should leverage whenever possible training THE IMPACT ON SMALL BUSINESSES. this subsection.’’. (a) ASSESSMENT REQUIRED.—The Inspector and management expertise that resides with- General of the Department of Defense shall AMENDMENT NO. 131 OFFERED BY MR. REED in the Department of Defense, other Federal conduct an assessment of consolidated con- At the end of title X of division A, insert agencies, State and local governments, and tracting actions of the Department of De- the following: private sector businesses and academic insti- tutions to enhance— fense relating to base services and construc- SEC. 1099C. DESIGNATION OF ‘‘TAPS’’ AS NA- tion activities from October 2009 through Oc- TIONAL SONG OF REMEMBRANCE. (A) its Defense Support to Civil Authori- tober 2011 to ensure the Department’s com- ties and incidence management missions; (a) DESIGNATION.—Chapter 3 of title 36, (B) relationships with other entities in- pliance with the provisions of the Small United States Code, is amended by adding at volved in disaster response; and Business Jobs Act of 2010 (Public Law 111- the end the following new section: 240). The assessment shall, at a minimum, (C) its ability to respond to unforeseen examine— ‘‘§ 306. National Song of Remembrance events. (1) compliance with the Small Business ‘‘(a) DESIGNATION.—The bugle call com- AMENDMENT NO. 133 OFFERED BY MR. RIGELL Jobs Act of 2010 (Public Law 111-240), the monly known as ‘Taps’, consisting of 24 Page 377, after line 7, insert the following: Small Business Reauthorization Act of 1997 notes sounded on a bugle or trumpet per- (Public Law 105-135), the National Defense SEC. 845. DEPARTMENT OF DEFENSE OPER- formed by a solo bugler or trumpeter with- ATIONAL CONTRACT SUPPORT Authorization Act for Fiscal Year 2004 (Pub- out accompaniment or embellishment, is the PLAN. lic Law 108-136) and all relevant provisions in National Song of Remembrance. The Secretary of Defense shall develop and the Federal Acquisition Regulation and the ‘‘(b) CONDUCT DURING SOUNDING.— implement a plan to address shortfalls in Defense Federal Acquisition Regulation Sup- ‘‘(1) IN GENERAL.—During a performance of operational contract support requirements plement; ‘Taps’ at a military funeral, memorial serv- determination, management, oversight, and (2) justification for contract consolidation; ice, or wreath laying— administration. The plan shall include each (3) scope of services provided by category, ‘‘(A) all present, except persons in uniform, of the following: contract award ceiling, and period of per- should stand at attention with the right (1) The provision of operational contract formance; hand over the heart; support training and information-sharing (4) identification of any shortages in ‘‘(B) men not in uniform should remove roadmaps, including a description of the trained acquisition personnel that may have their headdress with their right hand and roles and responsibilities of the Office of the contributed to a determination to consoli- hold the headdress at the left shoulder, the Secretary of Defense, the Joint Staff, the date contracting actions; hand being over the heart; and military departments, and defense agencies. (5) potential for alternative contracting ‘‘(C) persons in uniform should stand at at- (2) The identification and development of approaches that would increase small busi- tention and give the military salute at the training venues to incorporate appropriate ness participation; first note of ‘Taps’ and maintain that posi- operational contract support training and (6) any negative impact by such contract tion until the last note. education for all operational contract sup- consolidations on contracting with small ‘‘(2) EXCEPTION.—Paragraph (1) shall not port functions in both acquisition and non- business concerns; and apply when ‘Taps’ is sounded as the final acquisition roles. (7) recommendations to improve or en- bugle call of the day at a military base. (3) The integration of operational contract hance Department of Defense policy, guid- ‘‘(c) DEFINITION OF MILITARY BASE.—In this support into Department of Defense exer- ance, or execution of contracting actions to section, the term ‘military base’ means a cises and experiments. ensure compliance with the Small Business base, camp, post, station, yard, center, (4) Updating and aligning Department of Jobs Act of 2010. homeport facility for any ship, or other ac- Defense policy, doctrine, joint capability (b) BRIEFING.—The Inspector General shall tivity under the jurisdiction of the Depart- area definitions, corresponding universal brief the congressional defense committees ment of Defense, including any leased facil- joint task lists, and agreements to address on the findings of the assessment required ity.’’. shortfalls as discrepancies in areas of oper- under subsection (a) not later than April 1, (b) CONFORMING AND CLERICAL AMEND- ational contract support. 2012. MENTS.— (5) A method of ensuring that sufficient ca- AMENDMENT NO. 129 OFFERED BY MR. POMPEO (1) CHAPTER HEADING.—The heading of pacity and capability to conduct operational At the end of title V, add the following new chapter 3 of title 36, United States Code, is contract support missions is addressed in the section: amended to read as follows: total workforce plan required by section 129a

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.051 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3715 of title 10, United States Code, as amended (1) The assessed number of nuclear forces (B) The fight against al-Qaeda and its vio- by this Act. by category of nuclear warheads and delivery lent extremist affiliates, and the threat to AMENDMENT NO. 135 OFFERED BY MS. LORETTA vehicles relative to New START levels by the United States by transnational ter- SANCHEZ OF CALIFORNIA 2017 and by 2022, including potential shifts of rorism, will continue for the foreseeable fu- such numbers during such periods. ture. Page 825, after line 2, insert the following: (2) Options with respect to the size and (C) A key component of success in the SEC. 3114. ADDITIONAL BUDGET ITEM RELATING composition of Russian nuclear forces that struggle against al-Qaeda and its violent ex- TO GLOBAL THREAT REDUCTION Russia is considering, including decreases INITIATIVE. tremist affiliates is the ability to deny safe below the New START levels and plans for havens to al-Qaeda, its violent extremist af- (a) FUNDING INCREASE AND OFFSETTING RE- maintaining New START levels, including filiates, and other violent extremist organi- DUCTION.—Notwithstanding the amounts set options related to developing and deploying forth in the funding tables in division D— zations, and United States national security a new heavy intercontinental ballistic mis- (1) the amount authorized to be appro- interests will sometimes require the United sile and multiple independently targetable priated in section 3101 for defense nuclear States to assist in building the capabilities reentry vehicle capability. nonproliferation, as specified in the cor- of other countries and entities to deny such (3) Factors that are likely to influence the responding funding table in division D, is violent extremist organizations safe havens number and composition of Russian nuclear hereby increased by $20,000,000, with the and to participate in regional efforts to deny forces. amount of the increase allocated to the glob- such violent extremist organizations safe ha- (4) Effects of shifts in the number and com- al threat reduction initiative as set forth in vens. position of Russian nuclear forces on stra- the table under section 4701; and tegic stability. (b) NATIONAL SECURITY PLANNING GUID- (2) the amount authorized to be appro- (c) FORM.—The report required by sub- ANCE.— priated in section 201 for research, develop- section (a) shall be submitted in unclassified (1) GUIDANCE REQUIRED.—The President ment, test, and evaluation, Army, as speci- form, but may include classified annex. shall issue classified or unclassified national fied in the corresponding funding table in di- (d) APPROPRIATE CONGRESSIONAL COMMIT- security planning guidance in support of ob- vision D, is hereby reduced by $20,000,000, TEES DEFINED.—In this section, the term jectives stated in the national security strat- with the amount of the reduction to be de- ‘‘appropriate congressional committees’’ egy report submitted to Congress by the rived from the Aerostat Joint Project Office means— President pursuant to section 108 of the Na- as set forth in the table under section 4201. (1) the congressional defense committees; tional Security Act of 1947 (50 U.S.C. 404a) to (b) MERIT-BASED OR COMPETITIVE DECI- (2) the Committee on Foreign Affairs of the deny safe havens to al-Qaeda and its violent SIONS.—A decision to commit, obligate, or House of Representatives and the Committee extremist affiliates and to strengthen at-risk expend funds referred to in subsection (a)(1) on Foreign Relations of the Senate; and states. Such guidance shall serve as the stra- with or to a specific entity shall— (3) the Permanent Select Committee on In- tegic plan that governs United States and (1) be based on merit-based selection proce- telligence of the House of Representatives coordinated international efforts to enhance dures in accordance with the requirements of and the Select Committee on Intelligence of the capacity of governmental and non- sections 2304(k) and 2374 of title 10, United the Senate. governmental entities to work toward the States Code, or on competitive procedures; AMENDMENT NO. 138 OFFERED BY MS. LORETTA goal of eliminating the ability of al-Qaeda and SANCHEZ OF CALIFORNIA and its violent extremist affiliates to estab- (2) comply with other applicable provisions lish or maintain safe havens. of law. Page 835, after line 18, insert the following: (2) CONTENTS OF GUIDANCE.—The guidance SEC. 3202. ADDITIONAL FUNDING FOR DEFENSE AMENDMENT NO. 136 OFFERED BY MR. SHUSTER NUCLEAR FACILITIES SAFETY required under paragraph (1) shall include At the end of subtitle A of title XII of divi- BOARD. each of the following: sion A of the bill, add the following: (a) FUNDING INCREASE.—The amount set (A) A prioritized list of specified geo- SEC. 12xx. THREE-YEAR EXTENSION OF TEM- forth in section 3201 for the operation of the graphic areas that the President determines PORARY AUTHORITY TO USE ACQUI- Defense Nuclear Facilities Safety Board is are necessary to address and an explicit dis- SITION AND CROSS-SERVICING hereby increased by $2,500,000. cussion and list of the criteria or rationale AGREEMENTS TO LEND MILITARY (b) OFFSETTING REDUCTION.—Notwith- used to prioritize the areas on the list, in- EQUIPMENT FOR PERSONNEL PRO- standing the amounts set forth in the fund- cluding a discussion of the conditions that TECTION AND SURVIVABILITY. ing tables in division D, the amount author- would hamper the ability of the United (a) AUTHORITY.—Subsection (a) of section ized to be appropriated in section 101 for States to strengthen at-risk states or other 1202 of the John Warner National Defense other procurement, Army, as specified in the entities in such areas. Authorization Act for Fiscal Year 2007 (Pub- corresponding funding table in division D, is (B) For each specified geographic area, a lic Law 109–364; 120 Stat. 2412), as amended by hereby reduced by $2,500,000, with the description, analysis, and discussion of the section 1203(a) of the Ike Skelton National amount of the reduction to be derived from core problems and contributing issues that Defense Authorization Act for Fiscal Year Joint Tactical Radio System Maritime-Fixed allow or could allow al-Qaeda and its violent 2011 (Public Law 111–383; 124 Stat. 4386), is radios under Line 039 Joint Tactical Radio extremist affiliates to use the area as a safe further amended— System as set forth in the table under sec- haven from which to plan and launch at- (1) in paragraph (1), by striking ‘‘Iraq or’’; tion 4101. tacks, engage in propaganda, or raise funds and and other support, including any ongoing or (2) in paragraph (3)— AMENDMENT NO. 139 OFFERED BY MR. SMITH OF potential radicalization of the population, or (A) in subparagraph (A), by striking ‘‘Iraq WASHINGTON or’’; and At the end of subtitle D of title X, insert to use the area as a key transit route for per- (B) in subparagraph (C), by striking ‘‘Iraq, the following: sonnel, weapons, funding, or other support. Afghanistan, or’’ and inserting ‘‘Afghanistan SEC. 1043. NATIONAL SECURITY PLANNING GUID- (C) A list of short-term, mid-term, and or’’. ANCE TO DENY SAFE HAVENS TO AL- long-term goals for each specified geographic area, prioritized by importance. (b) EXPIRATION.—Subsection (e) of such QAEDA AND ITS VIOLENT EXTREM- section, as amended by section 1204(b) of the IST AFFILIATES. (D) A description of the role and mission of Duncan Hunter National Defense Authoriza- (a) PURPOSE AND FINDINGS.— each Federal department and agency in- tion Act for Fiscal Year 2009 (Public Law (1) PURPOSE.—The purpose of this section volved in executing the guidance, including 110–417; 122 Stat. 4623), is further amended by is to improve interagency strategic planning the Departments of Defense, Justice, Treas- striking ‘‘September 30, 2011’’ and inserting and execution to more effectively integrate ury, and State and the Agency for Inter- ‘‘September 30, 2014’’. efforts to deny safe havens and strengthen national Development. at-risk states to further the goals of the Na- (E) A description of gaps in United States AMENDMENT NO. 137 OFFERED BY MS. LORETTA tional Security Strategy related to the dis- capabilities to meet the goals listed pursu- SANCHEZ OF CALIFORNIA ruption, dismantlement, and defeat of al- ant to subparagraph (C), and the extent to Page 594, after line 21, insert the following: Qaeda and its violent extremist affiliates. which those gaps can be met through coordi- SEC. 1231. REPORT ON RUSSIAN NUCLEAR (2) FINDINGS.—Congress makes the fol- nation with nongovernmental, international, FORCES. lowing findings: or private sector organizations, entities, or (a) REPORT.—Not later than March 1, 2012, (A) In Iraq, Afghanistan, and other areas companies. the Secretary of Defense, in coordination where stabilization operations are carried (3) REVIEW AND UPDATE OF GUIDANCE.—The with the Director of National Intelligence, out, the lack of an integrated, coordinated President shall review and update the guid- shall submit to the appropriate congres- planning effort in which the goals, objec- ance required under paragraph (1) as nec- sional committees a report on the nuclear tives, and priorities of the United States ef- essary. Any such review shall address each of forces of the Russian Federation and the fort and the roles and missions of the various the following: New START Treaty (as defined in section agencies of the United States were clearly (A) The overall progress made toward 1229(d)). delineated has hampered the efforts of the achieving the goals listed pursuant to para- (b) MATTERS INCLUDED.—The report under United States in such operations and may graph (2)(C), including an overall assessment section (a) shall include an assessment of the have contributed to increased costs in fund- of the progress in denying a safe haven to al- following: ing, time, effort, and other terms. Qaeda and its violent extremist affiliates.

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.050 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3716 CONGRESSIONAL RECORD — HOUSE May 26, 2011

(B) The performance of each Federal de- (3) IMPLEMENTATION OF MEMORANDUM OF UN- (3) In 1636, the Massachusetts General partment and agency involved in executing DERSTANDING.— Not later than 120 days after Court ordered the organization of three mili- the guidance. the memorandum of understanding required tia regiments, designated as the North, (C) The performance of the unified country by paragraph (1) is signed, the heads of those South, and East regiments. team and appropriate combatant command, departments and agencies listed in the na- (4) These regiments drilled once a week or in the case of a cross-border effort, coun- tional security planning guidance shall issue and provided guard details each evening to try teams in the area and the appropriate such policies and guidance and prescribe sound the alarm in case of attack. combatant command. such regulations as are necessary to imple- (5) The East Regiment, the predecessor of (D) Any addition to, deletion from, or ment the memorandum of understanding for the 101st Engineer Battalion, assembled as a change in the order of the prioritized list the relevant matters pertaining to their re- regiment for the first time in 1637 on the maintained pursuant to paragraph (2)(A). spective departments and agencies. Salem Common, marking the beginning of (4) SPECIFIED GEOGRAPHIC AREA DEFINED.— (4) UPDATE AND REVIEW.—The memo- the Massachusetts National Guard and the In this subsection, the term ‘‘specified geo- randum of understanding as required under National Guard of the United States. graphic area’’ means any country, sub- paragraph (1) shall be updated and reviewed (6) Since 1785, Salem’s own Second Corps of national territory, or region— as necessary, but at a minimum shall be re- Cadets (101st and 102nd Field Artillery) has (A) that serves or may potentially serve as viewed with each review of the national se- celebrated the anniversary of that first mus- a safe haven for al-Qaeda or a violent ex- curity planning guidance under subsection ter. tremist affiliate of al-Qaeda— (b)(3). (7) As the policy contained in section 102 of (i) from which to plan and launch attacks, AMENDMENT NO. 140 OFFERED BY MR. SMITH OF title 32, United States Code, clearly ex- engage in propaganda, or raise funds and WASHINGTON presses, the National Guard continues its other support; or historic mission of providing units for the Page 345, after line 8, insert the following: (ii) for use as a key transit route for per- first line defense of the United States and sonnel, weapons, funding, or other support; SEC. 731. REPORT ON RESEARCH AND TREAT- current missions throughout the world. and MENT OF POST-TRAUMATIC STRESS (8) The designation of the City of Salem, DISORDER. (B) over which one or more governments or Massachusetts, as the Birthplace of the Na- (a) FINDINGS.—Congress finds the fol- entities exert insufficient governmental or tional Guard of the United States will con- lowing: security control to deny al-Qaeda and its tribute positively to tourism and economic (1) The high-incidence rate of neurological violent extremist affiliates the ability to es- development in the city, create jobs, and in- trauma in members of the Armed Forces tablish a large scale presence. still pride in both the local and State com- needs to be addressed. (5) SUBMITTAL TO CONGRESS.—Not later munities. (2) Critical research using neuroimaging than 15 days after the President issues the (b) RECOGNITION.—Section 102 of title 32, guidance required under paragraph (1) or re- that is concentrated on post-traumatic United States Code, is amended— views or updates such guidance under para- stress disorder offers great hope in identi- (1) by striking ‘‘In accordance’’ and insert- fying conditions allowing for a separate and graph (3), the President shall submit to the ing ‘‘(a) STATEMENT OF POLICY.—In accord- Committees on Armed Services and Foreign distinct classification of post-traumatic ance’’; and Affairs of the House of Representatives and stress disorder. (2) by adding at the end the following new the Committees on Armed Services and For- (3) The Telemedicine and Advanced Tech- subsection: nology Research Center within the Army eign Relations of the Senate a copy of such ‘‘(b) RECOGNITION OF SALEM, MASSACHU- Medical Research and Materiel Command guidance. SETTS, AS NATIONAL GUARD BIRTHPLACE.— (c) IMPLEMENTATION.— has engaged the National Resources for Neu- The City of Salem, Massachusetts, the site of (1) MEMORANDUM OF UNDERSTANDING RE- roscience and Neuroimaging to develop col- the first muster of a militia regiment in 1637 QUIRED.—The head of each agency listed in laborative and inter-agency research linking in what became the United States, is hereby the national security planning guidance re- the Department of Defense and the Depart- recognized as the Birthplace of the National quired under subsection (b) shall enter into a ment of Veterans Affairs with appropriate Guard of the United States.’’. memorandum of understanding regarding and established university-affiliated partner- matters related to the implementation of ships. AMENDMENT NO. 143 OFFERED BY MR. TIERNEY such guidance. (b) REPORT.—Not later than one year after At the end of subtitle I of title X, add the (2) MATTERS COVERED.— The memorandum the date of the enactment of this Act, the following new section: of understanding required by paragraph (1) Secretary of Defense shall submit to the con- SEC. 1099C. REPORT ON THE MANUFACTURING shall include each of the following: gressional defense committees a report as- POLICY OF THE UNITED STATES. (A) An identification of the positions sup- sessing the benefits of neuroimaging re- (a) FINDINGS.—Congress finds the fol- plied by each department or agency to coun- search in an effort to identify and increase lowing: try teams or teams and the appropriate com- the diagnostic properties of post-traumatic (1) For many years, manufacturing has batant command in each specified geo- stress disorder. been the backbone of the United States econ- graphic area that are critical for carrying omy, leading to good jobs, technological in- AMENDMENT NO. 142 OFFERED BY MR. out the national security planning guidance. novation, and the production of high quality THORNBERRY (B) The criteria used by each department commodities. or agency for the selection of appropriate Page 429, after line 13, insert the following: (2) In addition, the superiority of the personnel to fill the positions identified as SEC. 965. CLARIFICATION OF STATUS OF PAR- United States manufacturing industry en- critical pursuant to subparagraph (A), in- TICIPANTS OF DEFENSE INDUS- sured a reliable supply of raw and finished cluding the manner of soliciting the input TRIAL BASE ACTIVE CYBER DE- goods to support the defense and security op- FENSE PILOT PROJECT. from other departments and agencies regard- erations of the United States Government. ing appropriate personnel and expertise. Notwithstanding any other provision of (3) Over the past few decades, the manufac- (C) The manner in which performance in law, any non-Government entity or per- turing industry of the United States and the furtherance of the national security plan- sonnel participating in the 90-day Defense jobs associated with it have suffered a dra- ning guidance shall be considered in evalu- Industrial Base Active Cyber Defense pilot matic decline as manufacturing processes ating the performance of personnel des- project shall not be considered an agent of have been outsourced to foreign nations. ignated to fill the positions identified as any local or State government or the Fed- (4) This decrease in domestic manufac- critical pursuant to subparagraph (A), in- eral Government by reason of such participa- turing capability has forced the Department cluding the consideration of input from per- tion. of Defense to acquire supplies and materials sonnel from other departments and agencies AMENDMENT NO. 46 OFFERED BY MR. TIERNEY necessary for the national defense from for- who filled senior positions on the country Add at the end of subtitle I of title X the eign companies and governments, thereby team or relevant combatant command, in following (and conform the table of contents subjecting the critical defense needs of the particular the appropriate United States am- accordingly): United States to geopolitical forces beyond bassador. SEC. 1099C. OFFICIAL RECOGNITION OF SALEM, its control. (D) The manner for implementing lessons MASSACHUSETTS, AS THE BIRTH- (b) SUBMISSION TO CONGRESS OF REPORT ON learned in the course of reviewing the per- PLACE OF THE NATIONAL GUARD OF THE MANUFACTURING INDUSTRY OF THE formance of a country team or multiple THE UNITED STATES. UNITED STATES.— country teams and relevant combatant com- (a) FINDINGS.—Congress makes the fol- (1) SUBMISSION REQUIRED.—The Secretary mand in the course of reviewing the national lowing findings: of Defense shall submit to Congress a report security planning guidance under subsection (1) In 1629, Captain John Endicott orga- on the manufacturing industry of the United (b)(3). nized the first militia in the Massachusetts States. Such report shall be submitted as (E) The manner in which disputes related Bay Colony in Salem. soon as is practicable, but not later than the to carrying out the national security plan- (2) The colonists had adopted the English end of the 180-day period beginning on the ning guidance between members of the coun- militia system, which required all males be- date of the enactment of this Act. try team, the relevant combatant command, tween the ages of 16 and 60 to possess arms (2) NOTICE OF SUBMISSION.—If before the or departments and agencies shall be han- and participate in the defense of the commu- end of the 180-day period specified in para- dled. nity. graph (1) the Secretary determines that the

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.050 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3717

report required by that paragraph cannot be AMENDMENT NO. 144 OFFERED BY MR. TIERNEY (2) EXCEPTION.—The limitation in para- submitted by the end of such period as re- At the end of subtitle A of title XII of divi- graph (1) shall not apply with respect to— quired by such paragraph, the Secretary sion A of the bill, add the following: (A) the dismantlement of legacy warheads shall (before the end of such period) submit SEC. 12xx. INTERAGENCY WORKING GROUP ON that are awaiting dismantlement on the date to Congress a report setting forth— FOREIGN POLICE TRAINING. of the enactment of this Act or have been (A) the reasons why the report cannot be (a) ESTABLISHMENT; DUTIES.—There is es- designated for retirement by the date of the submitted by the end of such 180-day period; tablished an interagency working group to enactment of this Act; or and monitor the foreign police training pro- (B) activities determined by the Secretary (B) an estimated date for the submission of grams, projects, and activities of the various of Defense to be necessary to ensure the con- the report. Federal departments and agencies and co- tinued safety, security, and reliability of the (3) FORM.—The report under paragraph (1) ordinate and unify such programs, projects, nuclear weapons stockpile. shall be submitted in an unclassified form, and activities under a single strategic frame- Page 478, line 3, strike ‘‘The’’ and insert but may include a classified annex. Con- work. ‘‘Except as provided by subsection (c), the’’. sistent with the protection of intelligence (b) SENSE OF CONGRESS.—It is the sense of Page 478, line 21, strike the closed sources and methods, an unclassified sum- Congress that the interagency working quotation mark and second period. Page 478, after line 21, insert the following: mary of the key judgments of the report may group should establish a strategy to specify ‘‘(c) EXCEPTION.—Subsection (a) shall not be submitted. the goals of the foreign police training pro- apply with respect to activities determined (4) ELEMENTS.—The report submitted under grams, projects, and activities described in subsection (a), the strategies for achieving by the Secretary of Defense to be necessary paragraph (1) shall include the following: to ensure the continued safety, security, and (A) An assessment of the current manufac- such goals, and quantifiable metrics for measuring success. The strategy should also reliability of the nuclear weapons stock- turing capacity of the United States as it re- pile.’’. lates to the ability of the United States to include an interagency mechanism to coordi- AMENDMENT NO. 147 OFFERED BY MR. TURNER respond to both civilian and defense needs. nate the actions of the Federal departments (B) An assessment of tax, trade, and regu- and agencies carrying out such programs, Page 593, line 3, strike ‘‘or’’. latory policies as they impact the growth of projects, and activities. Page 593, line 15, strike the period and in- the manufacturing industry in the United (c) MEMBERSHIP.— sert ‘‘; or’’. Page 593, after line 15, insert the following: States. (1) IN GENERAL.—The interagency working (3) the reduction, consolidation, or with- (C) An analysis of the factors leading to group shall consist of representatives from drawal of such nuclear forces is— the increased outsourcing of manufacturing the Departments of Defense, State, Justice, (A) pursuant to a treaty or international processes to foreign nations. Homeland Security, Treasury, and Energy, agreement specifically approved with the ad- (D) An analysis of the strength of the the United States Agency for International vice and consent of the Senate pursuant to United States defense industrial base, in- Development, and the Millennium Challenge Corporation. Article II, section 2, clause 2 of the Constitu- cluding the security and stability of the sup- (2) CHAIRPERSON.—The representative from tion; or ply chain, and an assessment of the the Department of Defense shall serve as the (B) specifically authorized by an Act of vulnerabilities and weak points of that sup- chairperson of the interagency working Congress. ply chain. group. (E) An analysis of the capacity of the civil- The Acting CHAIR. Pursuant to (d) REPORT.—The interagency working House Resolution 276, the gentleman ian manufacturing industry to fulfill defense group shall submit to Congress an annual re- from California (Mr. MCKEON) and the manufacturing needs when necessary. port on the activities of the interagency (F) An analysis of the ability of the United working group for the preceding year. gentleman from Washington (Mr. States to access necessary raw materials for SMITH) each will control 10 minutes. AMENDMENT NO. 145 OFFERED BY MR. TIERNEY the defense industry, including rare earth The Chair recognizes the gentleman minerals. At the end of subtitle F of title IX, add the following new section: from California. (G) A quantitative analysis of the position Mr. MCKEON. I urge the committee SEC. 965. EXPANSION OF OVERSIGHT OFFICES IN of the United States relative to the global to adopt the amendments en bloc, all of defense market. DEPARTMENT OF DEFENSE. (H) An analysis of the changes in supply- (a) ASSISTANT SECRETARY OF DEFENSE FOR which have been examined by both the side economics resulting from shifts in CONTINGENCY CONTRACTING.—Section 138(b) majority and the minority. globalization trends. of title 10, United States Code, is amended— Mr. Chairman, I yield 1 minute to my (I) An analysis of the vulnerability of the (1) by redesignating paragraph (7) as para- friend and colleague, the gentleman United States defense products that could graph (8); and from New Mexico (Mr. PEARCE). potentially be corrupted by malicious soft- (2) by inserting after paragraph (6) the fol- Mr. PEARCE. I thank the gentleman ware, such as spyware, malware, and viruses. lowing new paragraph: ‘‘(7) One of the Assistant Secretaries shall from California. (J) A quantitative analysis of the risk fac- Mr. Chairman, I rise in support of my ing the defense supply chain of the United be the Assistant Secretary of Defense for Contingency Contracting. The Assistant Sec- revised amendment, No. 144, which will States and the processes currently in place address concerns I have regarding the to manage such risk. retary of Defense for Contingency Con- tracting is the principal adviser to the Sec- DOD contract bundling process. (c) PRESIDENTIAL REPORT ON POLICY OBJEC- retary of Defense and the Under Secretary of The current DOD process encourages TIVES AND UNITED STATES STRATEGY REGARD- Defense for Acquisition, Technology, and Lo- wrapping together projects for bid pro- ING THE UNITED STATES MANUFACTURING IN- gistics on matters relating to planning, fund- posals. This process unfairly distrib- DUSTRY.— ing, staffing, and managing contingency con- utes DOD resources and often allows tracting of the Department of Defense.’’. (1) REPORT REQUIRED.—As soon as is prac- outside companies to get contracts on ticable, but not later than 180 days after the (b) REQUIREMENT TO ESTABLISH OFFICE OF date of the enactment of this Act, the Presi- CONTINGENCY CONTRACTING.—The Secretary bases where local businesses have bet- dent shall submit to Congress a report on— of Defense shall rename and expand the Of- ter regional and technical knowledge (A) the objectives of United States policy fice of Program Support in the Office of the to perform the service. The winning regarding the manufacturing industry of the Under Secretary of Defense for Acquisition, bidder then subcontracts with the local United States; and Technology, and Logistics as the Office of businesses, often underfunding the sub- (B) the strategy for achieving those objec- Contingency Contracting. The Office of Con- contractor and pocketing the rest. The tives. tingency Contracting shall be headed by the local companies in the State where the Assistant Secretary of Defense for Contin- (2) FORM.—The report under paragraph (1) base is housed lose out on significant shall be submitted in unclassified form, but gency Contracting and shall be responsible may include a classified annex. for planning, funding, staffing, and managing revenue and job opportunities. (3) ELEMENTS.—The report submitted under contingency contracting in the Department An example of this was recently in paragraph (1) shall— of Defense. my district. A man that makes radios (A) address the role of diplomacy, incen- AMENDMENT NO. 146 OFFERED BY MR. TURNER and radio antennas was called by DOD, tives, sanctions, other punitive measures and Page 473, line 23, insert ‘‘or (4)’’ after ‘‘(2)’’. asked if he could make a radio antenna incentives, and other programs and activi- Page 476, after line 8, insert the following: that would fit in the pocket like a ciga- ties relating to the manufacturing industry (4) EXCEPTION.—The limitation in para- rette package. While they were speak- of the United States for which funds are pro- graph (1)(A) shall not apply with respect to ing on the phone, he actually built one vided by Congress; and activities determined by the Secretary of of these. The DOD contractor asked (B) summarize United States planning re- Defense to be necessary to ensure the contin- garding the range of possible United States ued safety, security, and reliability of the him how much it would be. He said actions in support of United States policy nuclear weapons stockpile. somewhere between $1.50 and $3. DOD objectives with respect to the manufacturing Page 477, strike line 14 and all that follows said the lowest bid they had had for the industry of the United States. through line 17 and insert the following: same antenna was over $150,000.

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.050 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3718 CONGRESSIONAL RECORD — HOUSE May 26, 2011 We run into this all of the time. At a We must protect certain critical se- tile to the United States or to terror- time when we have deficits soaring, I curity infrastructure information to ists represents one of the gravest dan- think it’s time for us to spend our keep our defense operations, prop- gers that we have here to the United money wisely and efficiently and use erties, and facilities safe from terror- States. So I believe that nonprolifera- local contractors. ists. But we must not be overly broad tion programs are critical to our na- Mr. SMITH of Washington. Mr. in our definition. My amendment tional security and that they must be a Chairman, I yield 2 minutes to the gen- strikes a balance between safeguarding top priority. tleman from Massachusetts (Mr. our critical infrastructure security in- This funding specifically supports se- TIERNEY). formation and the public’s right to curing vulnerable nuclear material Mr. TIERNEY. Mr. Chairman, I rise know. around the world in the next 4 years in in support of this amendment, which Withholding certain information order to prevent such deadly material incorporates four of my amendments as could endanger the public. And to give from falling into the hands of the ter- part of the en bloc, and I want to there- one example is the case of the Marine rorists. fore thank Chairman MCKEON and Corps Camp Lejeune water contamina- Again, I believe that nonproliferation Ranking Member SMITH for the bipar- tion tragedy. For three decades, thou- programs are the most cost-effective tisan approach in which they have sands of marines and their families way to achieve these goals. And that’s dealt with these amendments today. consumed tap water contaminated with also mirrored in the 9/11 Commission One of my amendments officially rec- chemicals, the likely cause of their report, as well as our nuclear posture ognizes Salem, Massachusetts, as the cancers. commission, which says the urgency birthplace of the National Guard. Led by Members of Congress, victims arises from the imminent danger of nu- Salem was the site where the country’s and supporters have blamed Marine clear terrorism if we pass a tipping first military regiment mustered in Corps leadership for hiding the problem point in nuclear proliferation. 1637. The militia was the foundation of and for failing to act. The third amendment, No. 138, that I what would become the National My amendment would prevent an- have in this en bloc is for the Defense Guard. other Camp Lejeune from happening. I Nuclear Facilities Safety Board, or this It is in commemoration of the cele- thank the chairman and ranking mem- amendment provides for an increase of bration of the men and women who ber for including it in en bloc No. 4. $2.5 million for the DNFSB. Now, this serve our country and those Salem Mr. MCKEON. I continue to reserve funding is important because fiscal residents who came together almost 375 the balance of my time. year appropriations cut it by nearly 20 years ago to protect our Nation that I Mr. SMITH of Washington. Mr. percent. urge my colleagues to support this Chairman, I yield 3 minutes to the gen- So, again, I think these three are amendment. Next year will be the 375th tlelady from California (Ms. LORETTA very important. I thank both the chair- anniversary of the first muster, and so SANCHEZ). man and the ranking member for put- it’s particularly pleasing to see this Ms. LORETTA SANCHEZ of Cali- ting them in this en bloc. matter passed in time to celebrate fornia. Thank you, Ranking Member. Ms. RICHARDSON. Mr. Chair, I rise today that. There are three amendments on this in support of En Bloc Amendment 5 to H.R. In my limited time, I also want to en bloc that I have submitted and that 1540, the National Defense Authorization Act touch on the other three amendments the majority and the minority have for Fiscal Year 2012. that are included in the en bloc. Those agreed to. I thank the Rules Committee for making my are good government amendments, The first one, No. 137, is a report on amendment in order and the Armed Services which were the result of oversight the Russian nuclear forces, and this Committee for its work on this important legis- work done by the Subcommittee on Na- amendment requires a report on what lation. tional Security which I chaired in the the Russians are doing with respect to Among the reasons why I support the En last two Congresses, but which reflect their nuclear forces in relation to the Bloc Amendment is because it includes an a good bipartisan oversight effort. New START, or the New Strategic amendment that I offered to increase the ef- These amendments will be seeking to Arms Reduction Treaty. fectiveness of the Northern Command strengthen our manufacturing and de- We are told that Russia will be tak- (‘‘NORTHCOM’’). fense industrial base, will be increasing ing a look at some of its older weapons NORTHCOM was created on 1 October coordination of foreign police training and probably be decommissioning 2002 in the aftermath of the 11 September programs which currently involve ef- them, and there might be an oppor- 2001 attacks, its mission is to protect the forts by no less than seven different tunity in the coming couple of years to United States homeland and support local, United States Government depart- maybe bring down the stockpile of nu- state, and federal authorities. ments and agencies, and we will be cre- clear weapons even more below some of In case of national emergencies, natural or ating a new leadership position within those limits with respect to the New man-made, which are happening all too fre- the Pentagon to ensure appropriate START Treaty. quently these days, its Air Forces Northern oversight on wartime contracting. So this report will help to inform National Security Emergency Preparedness At a time when every line item in the Congress on the opportunities and the Directorate will take charge of the situation or budget is being scrutinized, these challenges for further verifiable nu- event. amendments are intended to make our clear weapon reductions, which I be- My amendment expresses the Sense of country stronger, to make systems lieve would strengthen strategic sta- Congress that NORTHCOM: Develop and work better, and to make sure tax- bility, maintain a strong nuclear non- have in place a leadership strategy that will payer dollars are spent wisely. proliferation treaty, as well as enable strengthen and foster institutional and inter- b 1210 progress on preventing the spread of personal relationships with state and local Mr. MCKEON. I reserve the balance of nuclear weapons and nuclear bomb- governments and; utilize training programs to my time. grade materials. I think this is one of teach key personnel how to lead effectively in Mr. SMITH of Washington. Mr. the biggest areas where we have a the event of a disaster and during uncertain Chairman, I yield 1 minute to the gen- chance to make the world safer. times. tlelady from New York (Mrs. The second amendment that I have The purpose for NORTHCOM’s existence is MALONEY). on this en bloc is for the Global Threat to bring the capabilities and the resources of Mrs. MALONEY. I thank the ranking Reduction initiative, and I would like the U.S. military to the assistance of the member for his leadership, I thank him to thank the chairman for including American people during a catastrophic dis- and Chairman MCKEON for the bipar- amendment No. 135, which would in- aster. tisan approach of including amend- crease funding for Global Threat Re- NORTHCOM leaders will be much more ef- ments in the en bloc, and I thank you duction initiative by $20 million. fective in saving lives, protecting assets, and for including my amendment in en bloc Again, supported by both sides. This enhancing resilience after the disaster has oc- No. 4. also will help to reduce the risk of nu- curred if they are trained in the techniques of My amendment, No. 121, would nar- clear terrorism. effective engagement with civilian leadership. row an overly broad exemption under The danger that nuclear materials or My amendment represents Congress’s support FOIA. weapons might spread to countries hos- for such training.

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.052 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3719 I am disappointed that another amendment are initiated by nonprofits, community organi- The Acting CHAIR. The Clerk will I offered to this bill was not made in order. zations, and state and local governments. designate the amendments en bloc. This amendment would have instructed the The results are significant and have been Amendments en bloc No. 6 consisting TRANSPORTATION COMMAND (TRANS- above expectation. The cross-purpose projects of amendment Nos. 18, 20, 84, 22, 23, 57, COM) to update and expand the PORT LOOK have honed skills and capabilities of the Army 72, 96, 150, 151, and 149 printed in House 2008 Strategic Seaports study. Although this Guard and created excellent partnerships be- Report 112–88 offered by Mr. MCKEON of amendment was not made in order, I will con- tween military branches and local community California: tinue to work with my colleagues to ensure organizations, without significantly increasing AMENDMENT NO. 18 OFFERED BY MR. BOSWELL that port infrastructure receives the pro- training costs. Page 316, line 15, in section 646 relating to grammatic support it deserves. The Army National Guard supplemental fed- the enhanced commissary stores pilot pro- Finally, let me note my strong opposition to eral funding requests have consistently sur- gram, strike ‘‘(e)’’ and insert the following: Section 1034 of the bill. Section 1034 is a passed $10 million annually. Cutting funding ‘‘(e) SUBSTANCE ABUSE PREVENTION PRO- broad and unwarranted expansion of execu- by 50 percent, as the underlying bill proposes GRAMS.—On account of the types of merchan- dise authorized to be sold in an enhanced tive power and an ill-considered enlargement to do, would drastically jeopardize current IRT commitments to organizations such as the Boy commissary store, the Secretary of Defense of the ‘‘War on Terror.’’ may use amounts retained under subsection This expansive new definition for the use of Scouts of America. It would reduce current and future training abilities, and diminish op- (d)(1) for the enhanced commissary store to force is both unnecessary and potentially dan- support substance abuse prevention pro- gerous, particularly since Section 1034 does portunities for our soldiers to interact directly grams for patrons of the store while ensuring not require the President to obtain the express with civilian agencies to provide a service or that the store receives necessary operating accomplish a mission. approval of Congress prior to using military funds. Changing the process for budgeting for IRT ‘‘(f)’’. force. I support efforts to strike this provision projects at this point would disrupt projects al- as the bill moves forward. AMENDMENT NO. 20 OFFERED BY MR. BOSWELL ready being negotiated and penalize our Na- Page 345, after line 8, insert the following: For these reasons, I urge my colleagues to tional Guard and Reserve Components. support En Bloc Amendment 5 to the Defense SEC. 731. STUDY ON BREAST CANCER AMONG I urge my colleagues to support Amendment MEMBERS OF THE ARMED FORCES Authorization bill. 133. We have a responsibility to respectfully AND VETERANS. Mr. RAHALL. Mr. Chair, as we approach and gratefully fulfill our duty to support the in- (a) STUDY.—The Secretary of Defense and this Memorial Day holiday, I am humbly re- tegrity and intent of our Guard and Reserve the Secretary of Veterans Affairs shall joint- minded of the distinguished service and sac- forces, and effectively support and acknowl- ly conduct a study on the incidence of breast rifice of so many of our fellow Americans, who edge the great sacrifice so many willingly cancer among members of the Armed Forces are proudly serving our country in the armed make for all of us. (including members of the National Guard and reserve components) and veterans. Such forces around the world. Many of those men Mr. NUGENT. Mr. Chair, in keeping with the and women are members of the National study shall include the following: spirit of the Warrior Ethos, on May 2, 2005, (1) A determination of the number of mem- Guard and Reserve Components. Many are the Department of the Army authorized the bers and veterans diagnosed with breast can- from my home state of West Virginia. creation of the Combat Action Badge. The cer. For 35 years, I have been privileged to rep- Combat Action Badge provides special rec- (2) A determination of demographic infor- resent the people of southern West Virginia, ognition to Soldiers who personally engaged mation regarding such members and vet- and it is with humble sincerity I say, our West the enemy, or are engaged by the enemy dur- erans, including— Virginia National Guard is a model example of ing combat operations. (A) race; a commitment to excellence, and professional The bayonet and grenade on the badge are (B) ethnicity; dedication to America’s defense. From the associated with active combat. The oak (C) sex; wreath on the badge signifies strength and (D) age; home front to the front lines, they are a well- (E) possible exposure to hazardous ele- trained, highly dedicated force empowered by loyalty. ments or chemical or biological agents (in- Congress to protect life and property. Unfortunately, current Army policy limits eli- cluding any vaccines) and where such expo- Since the terrorist attacks on September gibility to those individuals who meet the cri- sure occurred; 11th nearly a decade ago, we have called teria of the Combat Action Badge after Sep- (F) the locations of duty stations that such upon our National Guard and Reserve Com- tember 18, 2001. In doing so, it overlooks the member or veteran was assigned; ponents to assume more mission responsibility thousands of veterans who made similar sac- (G) the locations in which such member or with far more complexity, not only here at rifices in previous wars. veteran was deployed; and home, but in theaters around the globe. This legislation would expand the eligibility (H) the geographic area of residence prior to deployment. Our Guardsmen and Reservists are true for the Combat Action Badge to include those who served honorably from December 7, 1941 (3) An analysis of breast cancer treatments American patriots. We have asked them time received by such members and veterans. and again to mobilize and deploy with more to September 18, 2001. Additionally, in accordance with the wishes (4) Other information the Secretaries con- frequency than any other time in our history. sider necessary. of those veterans who first pursued this legis- We call upon our men and women to fulfill (b) REPORT.—Not later than 18 months missions of public safety and security on and lation, the costs of the Combat Action Badge after the date of the enactment of this Act, between our borders here at home, and send would be borne by these individuals, not the the Secretary of Defense and the Secretary them to foreign lands to combat terrorism military. Therefore, this measure costs Amer- of Veterans Affairs shall jointly submit to Congress a report containing the results of abroad. They are among the first to be called ican taxpayers nothing. In closing, it is important to mention that our the study required under subsection (a). in a domestic disaster and often the last to nation’s veterans have made tremendous sac- (c) FUNDING INCREASE AND OFFSETTING RE- leave a battlefield. Maintaining this ability— rifices in defense of our freedom. As a nation, DUCTION.—Notwithstanding the amounts set their capability to ‘‘turn on a dime’’—does not forth in the funding tables in division D— we owe our veterans a debt that can never (1) the amount authorized to be appro- come easy and quite frankly, it comes with fully be repaid. much sacrifice. priated in section 1406 for the Defense Health Mr. SMITH of Washington. I have no Program, as specified in the corresponding Mr. Chair, the amendment I offer with my further requests for time, and I yield colleagues, Mr. McNerney and Mr. Young, funding table in division D, is hereby in- back the balance of my time. creased by $10,000,000, with the amount of the would restore $10 million of critical funding to Mr. MCKEON. I yield back the bal- increase allocated to the Defense Health the Integrated Readiness Training Program ance of my time. Program, as set forth in the table under sec- and protect what has been proven to be a The Acting CHAIR. The question is tion 4501, to carry out this section; very effective and very successful training and on the amendments en bloc offered by (2) the amount authorized to be appro- readiness initiative of the National Guard and the gentleman from California (Mr. priated in section 101 for other procurement, Reserves. MCKEON). Navy, as specified in the corresponding fund- This Department of Defense program was The en bloc amendments were agreed ing table in division D, is hereby reduced by established by Congress in 1998 to assist the to. $8,800,000, with the amount of the reduction to be derived from Joint Tactical Radio Sys- National Guard in building facilities to train AMENDMENTS EN BLOC NO. 6 OFFERED BY MR. tem Maritime-Fixed radios under Line 075 guardsmen, but also to provide an ancillary MCKEON Shipboard Tactical Communications as set benefits to the communities where facilities Mr. MCKEON. Mr. Chairman, pursu- forth in the table under section 4101; and are constructed and available for other pur- ant to H. Res. 276, I offer amendments (3) the amount authorized to be appro- poses. Integrated Readiness Training projects en bloc. priated in section 101 for other procurement,

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.068 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3720 CONGRESSIONAL RECORD — HOUSE May 26, 2011

Air Force, as specified in the corresponding AMENDMENT NO. 96 OFFERED BY MRS. DAVIS OF the final decision of the Commission regard- funding table in division D, is hereby reduced CALIFORNIA ing whether to permit such commercial ter- by $1,200,000, with the amount of the reduc- Page 345, after line 8, insert the following: restrial operations. If the decision is to per- tion to be derived from Joint Tactical Radio SEC. 731. FREQUENCY OF REPORTS ON CONTIN- mit such commercial terrestrial operations, System Maritime-Fixed radios under Line UED VIABILITY OF TRICARE STAND- such documents shall contain or be accom- 049 Tactical Communications-Electronic ARD AND TRICARE EXTRA. panied by an explanation of how the con- Equipment as set forth in the table under Section 711(b)(2) of the National Defense cerns described in subsection (a) have been section 4101. Authorization Act for Fiscal Year 2008 (Pub- resolved. AMENDMENT NO. 84 OFFERED BY MR. BOSWELL lic Law 110–181; 10 U.S.C. 1073 note) is amend- (2) CONGRESSIONAL COMMITTEES DE- Page 113, after line 17, insert the following: ed in the matter preceding subparagraph (A) SCRIBED.—The congressional committees de- (g) SENSE OF CONGRESS.—It is the sense of by striking ‘‘bi-annual’’ and inserting ‘‘bien- scribed in this paragraph are the following: Congress that favorable consideration of en- nial’’. (A) The Committee on Energy and Com- merce and the Committee on Armed Services ergy-efficient or energy reduction tech- AMENDMENT NO. 150 OFFERED BY MR. YOUNG OF of the House of Representatives. nologies or processes under this section INDIANA (B) The Committee on Commerce, Science, should include a focus on alternative, self- SEC. ll. REAUTHORIZATION OF AUTHORITY TO sufficient energy sources that reduce costs in and Transportation and the Committee on USE FUNDS FOR REINTEGRATION Armed Services of the Senate. the long term. ACTIVITIES IN AFGHANISTAN. AMENDMENT NO. 22 OFFERED BY MR. PASCRELL (a) AUTHORITY.—Subsection (a) of section MODIFICATION TO AMENDMENT NO. 18 Page 345, after line 8, insert the following: 1216 of the Ike Skelton National Defense Au- Mr. MCKEON. Mr. Chairman, I ask SEC. 731. TRANSFER OF DEFENSE CENTERS OF thorization Act for Fiscal Year 2011 (Public unanimous consent that amendment EXCELLENCE FOR PSYCHOLOGICAL Law 111–383; 124 Stat. 4392) is amended by No. 18 be modified in the form I have HEALTH AND TRAUMATIC BRAIN IN- striking ‘‘fiscal year 2011’’ and inserting ‘‘fis- placed at the desk. JURY. cal year 2012’’. The Acting CHAIR. The Clerk will re- (a) IN GENERAL.—The Secretary of Defense (b) EXPIRATION.—Subsection (e) of such port the modification. shall develop a plan to transfer the Defense section is amended by striking ‘‘December Centers of Excellence for Psychological 31, 2011’’ and inserting ‘‘December 31, 2012’’. The Clerk read as follows: At the end of section 646 (page 316, after Health and Traumatic Brain Injury from the AMENDMENT NO. 151 OFFERED BY MR. WALZ OF line 21), relating to the enhanced com- TRICARE Management Activity to a mili- MINNESOTA tary department, as determined by the Sec- missary stores pilot program, add the fol- Page 507, after line 2, insert the following: retary. lowing new subsection: (b) NOTIFICATION.—Not later than 180 days SEC. 1078. REPORT ON THE NATIONAL GUARD (c) SUBSTANCE ABUSE PREVENTION PRO- AND RESERVE COMPONENTS OF THE after the date of the enactment of this Act, GRAMS.— ARMED FORCES. the Secretary shall notify the congressional (1) AVAILABILITY OF FUNDS.—The amounts (a) REPORT REQUIRED.—Not later than 180 defense committees of the plan under sub- authorized to be appropriated by section 301 days after the date of the enactment of this section (a), including the military depart- for operation and maintenance for Defense- Act, the Secretary of Defense shall submit to ment determined by the Secretary. wide activities, as specified in the cor- the congressional defense committees a re- responding funding table in section 4301, is AMENDMENT NO. 23 OFFERED BY MR. PASCRELL port on the National Guard and the reserve increased by $1,000,000 to support substance Page 345, after line 8, insert the following: components of the Armed Forces. abuse prevention programs for patrons of en- SEC. 731. REPORT ON MEMORANDUM REGARD- (b) MATTERS INCLUDED.—The report under hanced commissary stores, ING TRAUMATIC BRAIN INJURIES. subsection (a) shall include a plan to— (2) FUNDING REDUCTION.—Notwithstanding Not later than 180 days after the date of (1) ensure that each military department the amounts set forth in the funding tables the enactment of this Act, the Secretary of has access to trained, experienced, and ready in division D, the amount authorized to be Defense shall submit to the congressional de- members of the National Guard and reserve appropriated in section 201 for research, de- fense committees a report on how the Sec- components of the Armed Forces for any velopment, test, and evaluation, Army, as retary will identify, refer, and treat trau- mission less than war; specified in the corresponding funding table matic brain injuries with respect to members (2) capitalize on the gains made in the in division D, is hereby reduced by $1,000,000, of the Armed Forces who served in Operation readiness of the National Guard and the re- with the amount of the reduction to be de- Enduring Freedom or Operation Iraqi Free- serve components during the previous 10- rived from the Aerostat Joint Project Office dom before the date in June, 2010, on which year period; and as set forth in the table under section 4201. the memorandum regarding using a 50-meter (3) ensure the total force is able to sustain distance from an explosion as a criterion to commitments throughout the world using Mr. MCKEON (during the reading). I properly identify, refer, and treat members the unique skills and capabilities of the Na- ask unanimous consent that the read- for potential traumatic brain injury took ef- tional Guard and the reserve components in ing of the modification be dispensed fect. a predictable and consistent manner. with. AMENDMENT NO. 57 OFFERED BY MRS. DAVIS OF AMENDMENT NO. 149 OFFERED BY MR. TURNER The Acting CHAIR. Is there objection CALIFORNIA Strike section 911 and insert the following to the request of the gentleman from At the end of subtitle B of title XII of divi- new section: California? sion A of the bill, add the following: SEC. 911. HARMFUL INTERFERENCE TO DEPART- There was no objection. SEC. 12xx. LIMITATION ON AMOUNTS FROM AF- MENT OF DEFENSE GLOBAL POSI- The Acting CHAIR. Without objec- GHANISTAN INFRASTRUCTURE TIONING SYSTEM. FUND. tion, the amendment is modified. (a) IN GENERAL.—The Federal Communica- There was no objection. Not more than 75 percent of amounts made tions Commission shall not lift the condi- available to the Afghanistan Infrastructure tions imposed on commercial terrestrial op- The Acting CHAIR. Pursuant to Fund for fiscal year 2012 may be used to pro- erations in the Order and Authorization House Resolution 276, the gentleman vide assistance to the Government of Af- adopted on January 26, 2011 (DA 11-133), or from California (Mr. MCKEON) and the ghanistan unless the Secretary of Defense, in otherwise permit such operations, until the gentleman from Washington (Mr. consultation with the Secretary of State, de- Commission has resolved concerns of wide- SMITH) each will control 10 minutes. termines and certifies to Congress that spread harmful interference by such com- The Chair recognizes the gentleman women in Afghanistan are an integral part of mercial terrestrial operations to the Global from California. the reconciliation process between the Af- Positioning System devices of the Depart- ghan Government and the Taliban. Mr. MCKEON. I urge the committee ment of Defense. to adopt the amendments en bloc, all of AMENDMENT NO. 72 OFFERED BY MRS. DAVIS OF (b) NOTICE AND COMMENT ON WORKING which have been examined by both the CALIFORNIA GROUP REPORT.—Prior to permitting such At the appropriate place in the bill, insert commercial terrestrial operations, the Fed- majority and the minority. the following: eral Communications Commission shall Mr. Chairman, I yield 1 minute to my SEC. lll. MAINTENANCE, REPAIR, AND OVER- make available the final working group re- friend and colleague, the gentleman HAUL CAPABILITY OF NAVY UN- port mandated by such Order and Authoriza- from Ohio (Mr. TURNER). MANNED AERIAL SYSTEMS. tion and provide all interested parties an op- Mr. TURNER. I’d like to thank our (a) REPORT TO CONGRESS.—Not later than portunity to comment on such report. chairman and ranking member for in- 180 days after the date of the enactment of (c) NOTICE TO CONGRESS.— cluding amendment No. 149 and my this Act, the Secretary of the Navy shall (1) IN GENERAL.—At the conclusion of the ranking member of the Strategic submit to the congressional defense commit- proceeding on such commercial terrestrial tees a report on the efforts being made to es- operations, the Federal Communications Forces Subcommittee, LORETTA tablish maintenance, repair, and overhaul Commission shall submit to the congres- SANCHEZ, for joining me in an impor- capability for Navy unmanned aerial sys- sional committees described in paragraph (2) tant amendment. We are deeply con- tems. official copies of the documents containing cerned about a commercial company,

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.071 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3721 LightSquared, that is developing a vestment that we’ve made in this force working, his staff. They have done an communications service that will harm in the proper manner. I’m very pleased outstanding job. our GPS system and interfere with the that the ranking member and the I also want to echo your remarks military’s use of GPS. chairman have agreed to put this in. I about Secretary Gates—many, many The military is heavily reliant on think it’s the right thing to do for our years of outstanding dedication, devo- GPS. The potential GPS interference security. tion, of service to his Nation. I asked would also affect first responders, air him what he was going to do. He said b 1220 traffic management and safety, and he had a long honey-do list. He was commercial GPS users. The Deputy Mr. MCKEON. I reserve the balance of going to be working on that and prob- Secretary of Defense wrote to the FCC my time. ably a book. chairman that there is a ‘‘strong po- Mr. SMITH of Washington. I yield I also want to welcome Mr. Panetta, tential for interference to critical na- myself the balance of my time to close. Director Panetta, and wish him all the tional security systems.’’ We need the I believe, if I am correct, this is the best on confirmation in the Senate. I Federal Communications Commission last amendment in the process. look forward to working with him here to ensure that the Defense Depart- I just want to thank Chairman as the new Secretary of Defense. ment’s concerns about GPS inter- MCKEON, his staff, for their out- I want to thank the vice chairman of ference are resolved before it moves standing leadership. As has been said the committee, Mr. THORNBERRY, who ahead with the final decision on many times but cannot be emphasized has been a great right-hand man LightSquared. enough, this committee prides itself on through all of this process, as well as This is a bipartisan and bicameral being bipartisan, and Mr. MCKEON and all of the subcommittee chairs and concern. his staff have more than upheld that ranking members for their hard work The defense bill contains a provision tradition. We appreciate that. at the subcommittee level, and then addressing this concern, and the We have worked together on a large helping out through this whole process. amendment I and my ranking member number of issues, also worked together I want to thank our staff director, Ms. SANCHEZ offered strengthens this with Members of the Congress not just Bob Simmons, and the minority staff position by saying that the FCC shall on the committee, as we have seen director, Paul Arcangeli. They have not permit LightSquared operations with many of the amendments proc- been just magnificent through this until the commission has resolved con- essed. We have been able to include the process, as well as all of the staff here cerns of widespread harmful inter- ideas from a great many Members, on the floor and those working back in ference to GPS devices used by the De- both Republican and Democrat, from their offices who worked so tirelessly partment of Defense. across this House. And I feel we have on behalf of our troops, the men and I also thank our colleagues on the produced an outstanding product as a women serving throughout the world in Energy and Commerce Committee for result. various uniforms of the service. working with us. I also want to take a moment to rec- Mr. Chairman, I encourage all to sup- Mr. SMITH of Washington. I yield 2 ognize this is the last markup or last port the bill. minutes to the gentleman from Min- House Defense bill we will be sending Mr. PASCRELL. Mr. Chair, as Co-Chair of nesota (Mr. WALZ). with Secretary Gates as our Secretary the Congressional Brain Injury Task Force, for Mr. WALZ of Minnesota. I thank the of Defense. And I want to honor him the last ten years I have fought for patients ranking member and the chairman for for his service. He has served seven, with brain injuries. Traumatic brain injury (TB!) their work on this important piece of maybe eight Presidents, both Repub- is the signature wound of the conflicts in Iraq legislation. licans and Democrats, has done an out- and Afghanistan. While we made great In this en bloc amendment, I have an standing job for this country in all of progress on ensuring our soldiers have the amendment that identified by DOD those roles, and in particular as Sec- best care, today we must make two correc- some important goals in maintaining retary of Defense for the last 5 years. tions to better identify and treat our service the operational force of our Reserve His leadership has been outstanding for members with brain injuries. and National Guard. These current this country. I will also note that he is My first amendment addresses a February conflicts have shown the Nation the in- retiring to the State of Washington. So GAO report which found major problems in the credible professionalism and the trans- that, too, shows great judgment on his management of the Defense Centers of Excel- formation from a strategic reserve to part. We appreciate it’s been great lence for Psychological Health and Traumatic an operational reserve; and the three working with him. He will be missed. Brain Injury (DCOE) by TRICARE. My amend- things that DOD identified are ensure We are excited to start working with ment would require the Secretary to transfer that the armed services have access to the new Secretary of Defense, Mr. Pa- this agency to another appropriate branch in trained, experienced, and ready Guard netta, as soon as he gets confirmed and order for it to be more effectively managed. forces for missions short of war; cap- moves into that role. My second amendment will help identify the italize on the gains made in readiness So I thank the chairman. And I guess soldiers with brain injuries who have slipped in the Reserve component; and ensure I want to conclude by thanking my through the cracks as they returned home that the total force is able to sustain staff. This is my first time as the rank- from the battlefield. Prior to June 2010, the commitments around the world uti- ing member on this committee. It is a Department had a disjointed screening system lizing the unique skills and capabilities great honor that the caucus gave me, in which a pre-deployment service member re- of the Reserve component. and I absolutely could not have gotten ceived a computerized test, but post-deploy- What this does is it gives DOD—and it done without the help of the staff ment they filled out a paper questionnaire. My it is a very limited scope—the ability that we have on the Armed Services amendment today would require the Depart- to be able to access under title 10 those Committee, both minority and major- ment to come up with a plan to identify, refer, National Guard and Reserve forces for ity for that matter. So I thank them and treat service members that did not benefit missions short of war at the end of the for their help and their assistance. from the new policy that was implemented in conflicts or as we wind down these con- I urge support for the bill, and I June 2010. flicts. again thank the chairman. It has been We have made a promise to our men and My experience with this was after the great working with him on this. women in uniform that we would take care of first gulf war as our artillery units— I yield back the balance of my time. them when they returned from the battlefield. and some of them were coming back— Mr. MCKEON. I yield myself the bal- In order to do so, we need to at least identify in training them, we ended up with no ance of my time. these service members. This Memorial Day pieces of equipment and ended up tak- I want to thank my good friend. And, weekend we must honor our veterans by pro- ing tape and marking on the floor what you know, we use that word a lot tecting the benefits they have earned and de- a Howitzer looked like and using toilet around here, but I really feel that serve. I ask that my colleagues support these paper rolls as the training aid for that. Ranking Member SMITH is my friend. amendments for their service members who That is no way to maintain the incred- And we have worked well together on are struggling with invisible wounds. ible professionalism that we have in this bill. I really appreciate his seri- Mr. MCKEON. I yield back the bal- this force. It’s no way to use the in- ousness, the effort that he has put in to ance of my time.

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.056 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3722 CONGRESSIONAL RECORD — HOUSE May 26, 2011 The Acting CHAIR. The question is [Roll No. 354] Carney Honda Richardson on the amendments en bloc, as modi- Carson (IN) Hoyer Richmond AYES—260 Castor (FL) Israel Rothman (NJ) fied, offered by the gentleman from Adams Gohmert Neal Chu Jackson Lee Roybal-Allard California (Mr. MCKEON). Aderholt Goodlatte Neugebauer Cicilline (TX) Rush The en bloc amendments, as modi- Akin Gosar Noem Clarke (MI) Johnson (GA) Ryan (WI) Clarke (NY) Johnson, E. B. fied, were agreed to. Alexander Gowdy Nugent Sa´ nchez, Linda Altmire Granger Nunes Clay Kildee T. Cleaver Kinzinger (IL) ANNOUNCEMENT BY THE ACTING CHAIR Amash Graves (GA) Nunnelee Sanchez, Loretta Clyburn Kucinich Austria Graves (MO) Olson Sarbanes The Acting CHAIR. Pursuant to Cohen Larsen (WA) Bachmann Green, Gene Palazzo Schakowsky Conaway Larson (CT) clause 6 of rule XVIII, proceedings will Bachus Griffin (AR) Paulsen Schiff Conyers Lee (CA) now resume on those amendments Barletta Griffith (VA) Pearce Schwartz Barrow Grimm Courtney Levin printed in House Report 112–88 on Pence Crenshaw Lewis (GA) Scott (VA) Bartlett Guinta Peterson Scott, David which further proceedings were post- Barton (TX) Guthrie Culberson Lofgren, Zoe Pitts Sensenbrenner poned, in the following order: Bass (NH) Hall Cummings Lowey Platts Serrano Benishek Hanna Davis (CA) Luja´ n Amendment No. 38 by Mr. MICA of Poe (TX) Sewell Berkley Harper Davis (IL) Maloney Pompeo Sherman Florida. Biggert Harris DeGette Markey Posey Amendment No. 40 by Mr. FLAKE of Bilbray Hartzler DeLauro Matsui Sires Price (GA) Bilirakis Hayworth Deutch McCollum Slaughter Arizona. Quayle Bishop (GA) Heinrich Doggett McDermott Smith (WA) Rahall Amendment No. 42 by Mr. SMITH of Bishop (UT) Hensarling Dold McGovern Speier Washington. Black Herger Reed Doyle McKeon Stark Rehberg Duffy McNerney Sutton Amendment No. 43 by Mr. BUCHANAN Blackburn Herrera Beutler Bonner Holden Reichert Edwards Meeks Thompson (CA) of Florida. Bono Mack Huelskamp Renacci Ellison Miller (NC) Thompson (MS) Amendment No. 47 by Mrs. MALONEY Boren Huizenga (MI) Ribble Eshoo Miller, George Thornberry of New York. Boswell Hultgren Rigell Farr Moore Tonko Brady (TX) Hunter Rivera Fattah Moran Towns ACK Amendment No. 48 by Mr. M of Brooks Hurt Roby Fleming Murphy (CT) Tsongas Florida. Broun (GA) Inslee Roe (TN) Frank (MA) Nadler Turner Frelinghuysen Napolitano Buchanan Issa Rogers (AL) Van Hollen Amendment No. 49 by Mr. LANGEVIN Fudge Owens Bucshon Jenkins Rogers (KY) Vela´ zquez of Rhode Island. Garamendi Pallone Buerkle Johnson (IL) Rogers (MI) Visclosky Gonzalez Pascrell Amendment No. 50 by Mr. AMASH of Burgess Johnson (OH) Rohrabacher Walz (MN) Michigan. Burton (IN) Johnson, Sam Rokita Green, Al Pastor (AZ) Grijalva Paul Wasserman Calvert Jones Rooney Schultz Amendment No. 53 by Mr. CAMPBELL Camp Jordan Ros-Lehtinen Gutierrez Pelosi of California. Hanabusa Perlmutter Waters Campbell Kaptur Roskam Watt Canseco Keating Hastings (FL) Peters Amendment No. 54 by Mr. CAMPBELL Ross (AR) Waxman Cantor Kelly Heck Petri of California. Ross (FL) Webster Capito Kind Royce Higgins Pingree (ME) Himes Polis Weiner Amendment No. 56 by Mr. CHAFFETZ Carter King (IA) Runyan Hinchey Price (NC) Welch of Utah. Cassidy King (NY) Ruppersberger Hinojosa Quigley Wilson (FL) Chabot Kingston Ryan (OH) Amendment No. 60 by Mr. POLIS of Hirono Rangel Woolsey Chaffetz Kissell Scalise Colorado. Holt Reyes Yarmuth Chandler Kline Schilling Amendment No. 61 by Mr. CONYERS of Coble Labrador Schmidt NOT VOTING—11 Coffman (CO) Lamborn Schock Michigan. Boustany Giffords McCarthy (NY) Cole Lance Schrader Amendment No. 62 by Mr. FLAKE of Dingell Hastings (WA) Olver Connolly (VA) Landry Schweikert Filner Jackson (IL) Payne Arizona. Cooper Langevin Scott (SC) Costa Lankford Flake Long Amendment No. 63 by Mr. ELLISON of Scott, Austin Costello Latham Sessions Minnesota. Cravaack LaTourette b 1251 Shimkus ORETTA Crawford Latta Amendment No. 64 by Ms. L Shuler Ms. MCCOLLUM, Messrs. COHEN, Critz Lewis (CA) SANCHEZ of California. Shuster ISRAEL, MARKEY, VISCLOSKY, and Crowley Lipinski Amendment No. 111 by Ms. JACKSON Cuellar LoBiondo Simpson AL GREEN of Texas changed their vote LEE of Texas. Davis (KY) Loebsack Smith (NE) from ‘‘aye’’ to ‘‘no.’’ Smith (NJ) Amendment No. 148 by Mr. TURNER of DeFazio Lucas Mr. FORBES, Mrs. HARTZLER, Mrs. Denham Luetkemeyer Smith (TX) Ohio. Dent Lummis Southerland BACHMANN, Ms. BERKLEY, Messrs. Amendment No. 152 by Mr. CRAVAACK DesJarlais Lungren, Daniel Stearns CARTER, INSLEE, NEAL, SESSIONS, Diaz-Balart E. Stivers CROWLEY, and PALAZZO changed of Minnesota. Stutzman Dicks Lynch their vote from ‘‘no’’ to ‘‘aye.’’ Amendment No. 55 by Mr. MCGOVERN Donnelly (IN) Mack Sullivan of Massachusetts. Dreier Manzullo Terry So the amendment was agreed to. The Chair will reduce to 2 minutes Duncan (SC) Marchant Thompson (PA) The result of the vote was announced Duncan (TN) Marino Tiberi as above recorded. the time for any electronic vote after Tierney Ellmers Matheson Stated against: the first vote in this series. Emerson McCarthy (CA) Tipton Upton Mr. FILNER. Mr. Chair, on rollcall 354, I was AMENDMENT NO. 38 OFFERED BY MR. MICA Engel McCaul Farenthold McClintock Walberg away from the Capital region attending the The Acting CHAIR. The unfinished Fincher McCotter Walden Civil Rights Freedom Riders’ 50th Anniversary Walsh (IL) business is the demand for a recorded Fitzpatrick McHenry Celebration. Had I been present, I would have vote on the amendment offered by the Fleischmann McIntyre West Flores McKinley Westmoreland voted ‘‘no.’’ gentleman from Florida (Mr. MICA) on Forbes McMorris Whitfield AMENDMENT NO. 40 OFFERED BY MR. FLAKE which further proceedings were post- Fortenberry Rodgers Wilson (SC) The Acting CHAIR. The unfinished poned and on which the noes prevailed Foxx Meehan Wittman Wolf business is the demand for a recorded by voice vote. Franks (AZ) Mica Gallegly Michaud Womack vote on the amendment offered by the The Clerk will redesignate the Woodall Gardner Miller (FL) gentleman from Arizona (Mr. FLAKE) amendment. Garrett Miller (MI) Wu Gerlach Miller, Gary Yoder on which further proceedings were The Clerk redesignated the amend- Gibbs Mulvaney Young (AK) postponed and on which the ayes pre- ment. Gibson Murphy (PA) Young (FL) vailed by voice vote. RECORDED VOTE Gingrey (GA) Myrick Young (IN) The Clerk will redesignate the The Acting CHAIR. A recorded vote NOES—160 amendment. has been demanded. Ackerman Berg Brown (FL) The Clerk redesignated the amend- A recorded vote was ordered. Andrews Berman Butterfield ment. The vote was taken by electronic de- Baca Bishop (NY) Capps RECORDED VOTE Baldwin Blumenauer Capuano vice, and there were—ayes 260, noes 160, Bass (CA) Brady (PA) Cardoza The Acting CHAIR. A recorded vote not voting 11, as follows: Becerra Braley (IA) Carnahan has been demanded.

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.060 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3723 A recorded vote was ordered. Berman Hastings (FL) Price (NC) A recorded vote was ordered. Bilbray Heinrich Quigley The Acting CHAIR. This will be a 2- The Acting CHAIR. This will be a 2- Bishop (GA) Higgins Rahall minute vote. Bishop (NY) Hinchey Rangel minute vote. The vote was taken by electronic de- Blumenauer Hinojosa Reed The vote was taken by electronic de- Boren Hirono Reichert vice, and there were—ayes 165, noes 253, vice, and there were—ayes 246, noes 172, Boswell Holden Reyes not voting 13, as follows: not voting 13, as follows: Brady (PA) Holt Richardson [Roll No. 355] Braley (IA) Honda Richmond [Roll No. 356] Brown (FL) Hoyer Rivera AYES—165 AYES—246 Butterfield Israel Ros-Lehtinen Capps Jackson Lee Ackerman Grijalva Pelosi Adams Gohmert Nunnelee Ross (AR) Capuano (TX) Amash Gutierrez Perlmutter Aderholt Goodlatte Olson Rothman (NJ) Cardoza Johnson (GA) Andrews Hanabusa Peterson Akin Gosar Owens Roybal-Allard Carnahan Johnson, E. B. Baca Hastings (FL) Pingree (ME) Alexander Gowdy Palazzo Ruppersberger Carson (IN) Kaptur Baldwin Heinrich Polis Amash Granger Rush Paul Castor (FL) Keating Bass (CA) Higgins Price (NC) Austria Graves (GA) Ryan (OH) Paulsen Chu Kelly Becerra Himes Quigley Bachmann Graves (MO) Sa´ nchez, Linda Pearce Cicilline Kildee Berman Hinchey Rangel Bachus Griffin (AR) T. Pence Clarke (MI) King (NY) Bishop (NY) Hinojosa Reyes Bartlett Griffith (VA) Sanchez, Loretta Perlmutter Clarke (NY) Kissell Blumenauer Hirono Richardson Barton (TX) Guinta Schiff Peters Clay Langevin Brady (PA) Holt Richmond Bass (CA) Guthrie Schrader Petri Cleaver Larsen (WA) Braley (IA) Honda Rothman (NJ) Bass (NH) Hall Schwartz Pitts Clyburn Larson (CT) Brown (FL) Hoyer Roybal-Allard Benishek Hanna Scott (VA) Platts Connolly (VA) Lee (CA) Butterfield Inslee Ruppersberger Berg Harper Poe (TX) Costello Levin Scott, David Capps Israel Rush Biggert Harris Polis Courtney Lewis (GA) Serrano Capuano Jackson Lee Ryan (OH) Bilirakis Hartzler Pompeo Critz Lipinski Sewell Cardoza (TX) Sa´ nchez, Linda Bishop (UT) Hayworth Posey Crowley Lofgren, Zoe Sherman Carnahan Johnson (GA) T. Black Heck Price (GA) Cuellar Lowey Shuler Carney Johnson, E. B. Sarbanes Blackburn Hensarling Quayle Cummings Luja´ n Shuster Carson (IN) Jones Schakowsky Bonner Herger Rehberg Davis (CA) Lungren, Daniel Sires Castor (FL) Kaptur Schiff Bono Mack Herrera Beutler Davis (IL) E. Slaughter Chu Keating Schrader Brady (TX) Himes Renacci DeFazio Maloney Smith (WA) Cicilline Kildee Schwartz Brooks Huelskamp Ribble DeGette Marino Stark Clarke (MI) Kind Scott (VA) Broun (GA) Huizenga (MI) Rigell DeLauro Markey Sutton Clarke (NY) Kucinich Scott, David Buchanan Hultgren Roby Dent McCollum Thompson (MS) Clay Langevin Serrano Bucshon Hunter Roe (TN) Deutch McDermott Thompson (PA) Cleaver Larsen (WA) Sewell Buerkle Hurt Rogers (AL) Diaz-Balart McGovern Tonko Clyburn Larson (CT) Sherman Burgess Inslee Rogers (KY) Dicks McIntyre Towns Cohen Lee (CA) Shuler Burton (IN) Issa Rogers (MI) Donnelly (IN) Meeks Van Hollen Connolly (VA) Levin Sires Calvert Jenkins Rohrabacher Doyle Michaud Vela´ zquez Conyers Lewis (GA) Slaughter Camp Johnson (IL) Rokita Ellison Miller (NC) Visclosky Cooper Loebsack Smith (WA) Campbell Johnson (OH) Rooney Engel Miller, George Walz (MN) Costa Lofgren, Zoe Speier Canseco Johnson, Sam Roskam Fattah Moore Wasserman Costello Lowey Stark Cantor Jones Ross (FL) Fitzpatrick Moran Schultz Courtney Luja´ n Sutton Capito Jordan Royce Fudge Murphy (CT) Waters Critz Maloney Thompson (CA) Carney Kind Runyan Garamendi Murphy (PA) Watt Crowley Markey Thompson (MS) Carter King (IA) Ryan (WI) Gerlach Napolitano Waxman Cummings Matsui Tierney Cassidy Kingston Sarbanes Gonzalez Neal Weiner Davis (CA) McCollum Tonko Chabot Kinzinger (IL) Scalise Green, Al Pallone Welch Davis (IL) McDermott Towns Chaffetz Kline Schakowsky Green, Gene Pascrell Wilson (FL) DeFazio McGovern Tsongas Chandler Kucinich Schilling Grijalva Pastor (AZ) Woolsey DeGette McNerney Van Hollen Coble Labrador Schmidt Grimm Pelosi Wu DeLauro Meeks Vela´ zquez Coffman (CO) Lamborn Schock Gutierrez Peterson Yarmuth Deutch Michaud Visclosky Cohen Lance Schweikert Hanabusa Pingree (ME) Young (AK) Dicks Miller (NC) Walz (MN) Cole Landry Scott (SC) Doggett Miller, George Wasserman Conaway Lankford Scott, Austin NOT VOTING—13 Doyle Moore Schultz Cooper Latham Sensenbrenner Edwards Moran Waters Costa LaTourette Boustany Giffords Olver Sessions Ellison Murphy (CT) Watt Cravaack Latta Conyers Hastings (WA) Payne Shimkus Engel Nadler Waxman Crawford Lewis (CA) Dingell Jackson (IL) Stutzman Simpson Eshoo Napolitano Weiner Crenshaw LoBiondo Filner Long Smith (NE) Farr Neal Welch Culberson Loebsack Flake McCarthy (NY) Smith (NJ) Fattah Pallone Wilson (FL) Davis (KY) Lucas Smith (TX) b 1257 Garamendi Pascrell Woolsey Denham Luetkemeyer Southerland Gonzalez Pastor (AZ) Wu DesJarlais Lummis Mr. SIMPSON changed his vote from Speier Green, Al Paul Yarmuth Doggett Lynch Stearns ‘‘no’’ to ‘‘aye.’’ Dold Mack So the amendment was agreed to. NOES—253 Dreier Manzullo Stivers Duffy Marchant Sullivan The result of the vote was announced Adams Buchanan Dold Duncan (SC) Matheson Terry as above recorded. Aderholt Bucshon Donnelly (IN) Duncan (TN) Matsui Thompson (CA) Akin Buerkle Dreier Thornberry Stated against: Alexander Burgess Duffy Edwards McCarthy (CA) Mr. FILNER. Mr. Chair, on rollcall 355, I was Ellmers McCaul Tiberi Altmire Burton (IN) Duncan (SC) Emerson McClintock Tierney away from the Capital region attending the Austria Calvert Duncan (TN) Eshoo McCotter Tipton Civil Rights Freedom Riders’ 50th Anniversary Bachmann Camp Ellmers Bachus Campbell Emerson Farenthold McHenry Tsongas Celebration. Had I been present, I would have Farr McKeon Turner Barletta Canseco Farenthold Fincher McKinley Upton voted ‘‘no.’’ Barrow Cantor Fincher Fleischmann McMorris Walberg AMENDMENT NO. 42 OFFERED BY MR. SMITH OF Bartlett Capito Fitzpatrick Barton (TX) Carter Fleischmann Fleming Rodgers Walden WASHINGTON Bass (NH) Cassidy Fleming Flores McNerney Walsh (IL) The Acting CHAIR. The unfinished Forbes Meehan Webster Benishek Chabot Flores Fortenberry Mica West business is the demand for a recorded Berg Chaffetz Forbes Foxx Miller (FL) Westmoreland vote on the amendment offered by the Berkley Chandler Fortenberry Frank (MA) Miller (MI) Whitfield gentleman from Washington (Mr. Biggert Coble Foxx Franks (AZ) Miller, Gary Wilson (SC) Bilbray Coffman (CO) Franks (AZ) Frelinghuysen Mulvaney Wittman SMITH) on which further proceedings Bilirakis Cole Frelinghuysen Gallegly Myrick Wolf were postponed and on which the noes Bishop (GA) Conaway Fudge Gardner Nadler Womack prevailed by voice vote. Bishop (UT) Cravaack Gallegly Black Crawford Gardner Garrett Neugebauer Woodall The Clerk will redesignate the Gibbs Noem Yoder Blackburn Crenshaw Garrett Gibson Nugent Young (FL) amendment. Bonner Cuellar Gerlach Gingrey (GA) Nunes Young (IN) The Clerk redesignated the amend- Bono Mack Culberson Gibbs ment. Boren Davis (KY) Gibson NOES—172 Boswell Denham Gingrey (GA) RECORDED VOTE Brady (TX) Dent Gohmert Ackerman Baca Barrow Brooks DesJarlais Goodlatte Altmire Baldwin Becerra The Acting CHAIR. A recorded vote Broun (GA) Diaz-Balart Gosar Andrews Barletta Berkley has been demanded.

VerDate Mar 15 2010 05:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.062 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3724 CONGRESSIONAL RECORD — HOUSE May 26, 2011 Gowdy Lynch Rogers (KY) The vote was taken by electronic de- Carney Israel Price (NC) Granger Mack Rogers (MI) vice, and there were—ayes 246, noes 173, Carson (IN) Jackson Lee Quigley Graves (GA) Manzullo Rohrabacher Castor (FL) (TX) Rahall Graves (MO) Marchant Rokita not voting 12, as follows: Chu Johnson (GA) Rangel Green, Gene Marino Rooney [Roll No. 357] Cicilline Johnson, E. B. Reyes Griffin (AR) Matheson Ros-Lehtinen Clarke (MI) Jones Richardson Griffith (VA) McCarthy (CA) Roskam AYES—246 Clarke (NY) Kaptur Richmond Grimm McCaul Ross (AR) Clay Keating Adams Gingrey (GA) Nunes Rothman (NJ) Guinta McClintock Ross (FL) Cleaver Kildee Aderholt Gohmert Nunnelee Roybal-Allard Guthrie McCotter Royce Clyburn Kind Akin Goodlatte Olson Ruppersberger Hall McHenry Runyan Cohen Kissell Alexander Gosar Owens Rush Hanna McIntyre Ryan (WI) Connolly (VA) Kucinich Altmire Gowdy Palazzo Ryan (OH) Harper McKeon Sanchez, Loretta Conyers Langevin Austria Granger Paulsen Sa´ nchez, Linda Harris McKinley Scalise Courtney Larsen (WA) Bachmann Graves (GA) Pearce T. Hartzler McMorris Schilling Critz Larson (CT) Bachus Graves (MO) Pence Sarbanes Hayworth Rodgers Schmidt Crowley Lee (CA) Barletta Green, Gene Pitts Schakowsky Heck Meehan Schock Cuellar Levin Barrow Griffin (AR) Platts Schiff Hensarling Mica Schweikert Cummings Lewis (GA) Bartlett Griffith (VA) Schrader Herger Miller (FL) Scott (SC) Poe (TX) Davis (CA) Loebsack Barton (TX) Grimm Schwartz Herrera Beutler Miller (MI) Scott, Austin Pompeo Davis (IL) Lofgren, Zoe Bass (NH) Guinta Scott (VA) Holden Miller, Gary Sensenbrenner Posey DeFazio Lowey Benishek Guthrie Scott, David Huelskamp Mulvaney Price (GA) DeGette Luja´ n Sessions Berg Hall Huizenga (MI) Murphy (PA) Quayle DeLauro Lynch Serrano Shimkus Biggert Hanna Hultgren Myrick Reed Deutch Maloney Sewell Shuster Bilbray Harper Hunter Neugebauer Rehberg Dicks Markey Sherman Simpson Bilirakis Harris Hurt Noem Reichert Doggett Matsui Sires Smith (NE) Bishop (UT) Hartzler Issa Nugent Renacci Dold McCollum Slaughter Smith (NJ) Black Hayworth Jenkins Nunes Ribble Doyle McDermott Smith (WA) Southerland Blackburn Heck Johnson (IL) Nunnelee Rigell Edwards McGovern Speier Stearns Bonner Hensarling Johnson (OH) Olson Rivera Ellison McNerney Stark Stivers Bono Mack Herger Johnson, Sam Owens Roby Engel Meehan Sutton Stutzman Boren Herrera Beutler Jordan Palazzo Roe (TN) Eshoo Meeks Thompson (CA) Sullivan Brady (TX) Holden Kelly Paulsen Rogers (AL) Farr Michaud Thompson (MS) Terry Brooks Huelskamp King (IA) Pearce Rogers (KY) Frank (MA) Miller (NC) Tierney Thompson (PA) Broun (GA) Huizenga (MI) King (NY) Pence Rogers (MI) Fudge Miller, George Tonko Thornberry Buchanan Hultgren Kingston Peters Rohrabacher Garamendi Moore Towns Tiberi Bucshon Hunter Kinzinger (IL) Petri Rokita Gonzalez Moran Tsongas Tipton Buerkle Hurt Kissell Pitts Rooney Green, Al Murphy (CT) Van Hollen Turner Burgess Issa Kline Platts Ros-Lehtinen Grijalva Nadler Vela´ zquez Upton Burton (IN) Jenkins Labrador Poe (TX) Roskam Gutierrez Napolitano Visclosky Walberg Calvert Johnson (IL) Lamborn Pompeo Ross (AR) Hanabusa Neal Walz (MN) Walden Camp Johnson (OH) Lance Posey Ross (FL) Hastings (FL) Pallone Wasserman Walsh (IL) Campbell Johnson, Sam Landry Price (GA) Royce Heinrich Pascrell Schultz Webster Canseco Jordan Lankford Quayle Runyan Higgins Pastor (AZ) Waters West Cantor Kelly Latham Rahall Ryan (WI) Himes Paul Watt Westmoreland Cardoza King (IA) LaTourette Reed Sanchez, Loretta Hinchey Pelosi Waxman Whitfield Carter King (NY) Latta Rehberg Scalise Hinojosa Perlmutter Weiner Wilson (SC) Cassidy Kingston Lewis (CA) Reichert Schilling Hirono Peters Welch Wittman Chabot Kinzinger (IL) Lipinski Renacci Holt Peterson Wilson (FL) Wolf Chaffetz Kline Schmidt LoBiondo Ribble Honda Petri Woolsey Womack Chandler Labrador Schock Lucas Rigell Hoyer Pingree (ME) Wu Woodall Coble Lamborn Schweikert Luetkemeyer Rivera Inslee Polis Yarmuth Yoder Coffman (CO) Lance Scott (SC) Lummis Roby Young (AK) Cole Landry Scott, Austin Lungren, Daniel Roe (TN) NOT VOTING—12 Young (FL) Conaway Lankford Sensenbrenner E. Rogers (AL) Young (IN) Cooper Latham Sessions Boustany Flake Long Shimkus Dingell Giffords McCarthy (NY) NOT VOTING—13 Costa LaTourette Costello Latta Shuler Fattah Hastings (WA) Olver Boustany Giffords Olver Cravaack Lewis (CA) Shuster Filner Jackson (IL) Payne Dingell Hastings (WA) Payne Simpson Crawford Lipinski b 1304 Filner Jackson (IL) Smith (TX) Crenshaw LoBiondo Smith (NE) Flake Long Culberson Lucas Smith (NJ) So the amendment was agreed to. Frank (MA) McCarthy (NY) Davis (KY) Luetkemeyer Smith (TX) The result of the vote was announced Denham Lummis Southerland b 1300 Dent Lungren, Daniel Stearns as above recorded. So the amendment was rejected. DesJarlais E. Stivers Stated for: Stutzman The result of the vote was announced Diaz-Balart Mack Ms. CAPITO. Mr. Chair, on rollcall No. 357 Donnelly (IN) Manzullo Sullivan change my vote to an ‘‘aye.’’ Had I been as above recorded. Terry Dreier Marchant present, I would have voted ‘‘aye.’’ Stated for: Duffy Marino Thompson (PA) Stated for: Mr. FILNER. Mr. Chair, on rollcall 356, I was Duncan (SC) Matheson Thornberry Duncan (TN) McCarthy (CA) Tiberi Mr. FILNER. Mr. Chair, on rollcall 357, I was away from the Capital region attending the Ellmers McCaul Tipton away from the Capital region attending the Turner Civil Rights Freedom Riders’ 50th Anniversary Emerson McClintock Civil Rights Freedom Riders’ 50th Anniversary Celebration. Had I been present, I would have Farenthold McCotter Upton Walberg Celebration. Had I been present, I would have voted ‘‘yes.’’ Fincher McHenry Fitzpatrick McIntyre Walden voted ‘‘no.’’ AMENDMENT NO. 43 OFFERED BY MR. BUCHANAN Fleischmann McKeon Walsh (IL) AMENDMENT NO. 47 OFFERED BY MRS. MALONEY The Acting CHAIR. The unfinished Fleming McKinley Webster Flores McMorris West The Acting CHAIR. The unfinished business is the demand for a recorded Forbes Rodgers Westmoreland business is the demand for a recorded vote on the amendment offered by the Fortenberry Mica Whitfield vote on the amendment offered by the gentleman from Florida (Mr. BU- Foxx Miller (FL) Wilson (SC) Franks (AZ) Miller (MI) Wittman gentlewoman from New York (Mrs. CHANAN ) on which further proceedings Frelinghuysen Miller, Gary Wolf MALONEY) on which further pro- were postponed and on which the noes Gallegly Mulvaney Womack ceedings were postponed and on which prevailed by voice vote. Gardner Murphy (PA) Woodall the noes prevailed by voice vote. The Clerk will redesignate the Garrett Myrick Yoder Gerlach Neugebauer Young (AK) The Clerk will redesignate the amendment. Gibbs Noem Young (FL) amendment. The Clerk redesignated the amend- Gibson Nugent Young (IN) The Clerk redesignated the amend- ment. NOES—173 ment. RECORDED VOTE Ackerman Berkley Braley (IA) RECORDED VOTE The Acting CHAIR. A recorded vote Amash Berman Brown (FL) The Acting CHAIR. A recorded vote has been demanded. Andrews Bishop (GA) Butterfield has been demanded. A recorded vote was ordered. Baca Bishop (NY) Capito A recorded vote was ordered. Baldwin Blumenauer Capps The Acting CHAIR. This will be a 2- Bass (CA) Boswell Capuano The Acting CHAIR. This is a 2- minute vote. Becerra Brady (PA) Carnahan minute vote.

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.060 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3725 The vote was taken by electronic de- Lewis (CA) Paulsen Scott (SC) The Acting CHAIR. This is a 2- Lipinski Pearce Scott (VA) vice, and there were—ayes 91, noes 329, LoBiondo Pence Scott, Austin minute vote. not voting 11, as follows: Loebsack Perlmutter Scott, David The vote was taken by electronic de- [Roll No. 358] Lowey Peters Sensenbrenner vice, and there were—ayes 227, noes 193, Lucas Peterson Sessions AYES—91 Luetkemeyer Petri Sherman not voting 11, as follows: ´ Ackerman Frank (MA) Pingree (ME) Lujan Pitts Shimkus [Roll No. 359] Lummis Platts Shuler Andrews Fudge Polis Lungren, Daniel Poe (TX) Shuster AYES—227 Baldwin Garamendi Rangel E. Pompeo Simpson Bass (CA) Grijalva Richardson Adams Goodlatte Nunes Berkley Gutierrez Lynch Posey Sires Aderholt Gosar Nunnelee Roybal-Allard Mack Price (GA) Smith (NE) Berman Hastings (FL) Rush Alexander Gowdy Palazzo Braley (IA) Higgins Manzullo Price (NC) Smith (NJ) Altmire Graves (GA) Paul Sa´ nchez, Linda Marchant Quayle Smith (TX) Capps Hinchey T. Austria Graves (MO) Paulsen Capuano Hirono Marino Quigley Smith (WA) Bachmann Griffith (VA) Pearce Sanchez, Loretta Matheson Rahall Southerland Cardoza Holt Bachus Grimm Pence Schakowsky McCarthy (CA) Reed Stark Carson (IN) Honda Barletta Guinta Perlmutter Schrader McCaul Rehberg Stearns Chu Kaptur Bartlett Guthrie Petri Serrano McCollum Reichert Stivers Clarke (MI) Kildee Barton (TX) Hall Pitts Sewell McCotter Renacci Stutzman Clarke (NY) Kissell Bass (NH) Hanna Poe (TX) Slaughter McHenry Reyes Sullivan Clay Kucinich Benishek Harper Pompeo Speier McIntyre Ribble Sutton Cleaver Lee (CA) Berg Hartzler Posey Thompson (CA) McKeon Richmond Terry Clyburn Lewis (GA) Biggert Hastings (FL) Price (GA) Thompson (MS) McKinley Rigell Thompson (PA) Cohen Lofgren, Zoe Bilbray Hayworth Quayle Tierney McMorris Rivera Thornberry Conyers Maloney Bilirakis Heinrich Reed Tonko Rodgers Roby Tiberi Critz Markey Black Hensarling Rehberg Towns McNerney Roe (TN) Tipton Cummings Matsui Blackburn Herger Renacci Tsongas Meehan Rogers (AL) Turner Davis (IL) McClintock Bonner Herrera Beutler Ribble Vela´ zquez Meeks Rogers (KY) Upton DeFazio McDermott Bono Mack Higgins Rivera DeGette McGovern Waters Mica Rogers (MI) Van Hollen Boren Huelskamp Miller (FL) Rohrabacher Visclosky Roby Deutch Michaud Watt Brooks Huizenga (MI) Rogers (AL) Edwards Miller, George Waxman Miller (MI) Rokita Walberg Broun (GA) Hultgren Miller (NC) Rooney Walden Rogers (KY) Ellison Moore Weiner Buchanan Hunter Rogers (MI) Engel Nadler Welch Miller, Gary Ros-Lehtinen Walsh (IL) Bucshon Hurt Moran Roskam Walz (MN) Rohrabacher Eshoo Pallone Wilson (FL) Buerkle Issa Rokita Farr Pascrell Woolsey Mulvaney Ross (AR) Wasserman Burgess Jenkins Murphy (CT) Ross (FL) Schultz Rooney Fattah Pelosi Yarmuth Burton (IN) Johnson (OH) Ros-Lehtinen Murphy (PA) Rothman (NJ) Webster Calvert Johnson, Sam NOES—329 Myrick Royce West Roskam Camp Jones Ross (AR) Napolitano Runyan Westmoreland Campbell Jordan Adams Cole Griffin (AR) Ross (FL) Neal Ruppersberger Whitfield Canseco Kaptur Aderholt Conaway Griffith (VA) Royce Neugebauer Ryan (OH) Wilson (SC) Cantor Kelly Akin Connolly (VA) Grimm Runyan Noem Ryan (WI) Wittman Capito King (IA) Alexander Cooper Guinta Rush Nugent Sarbanes Wolf Cardoza King (NY) Altmire Costa Guthrie Ryan (WI) Nunes Scalise Womack Cassidy Kingston Amash Costello Hall Sa´ nchez, Linda Nunnelee Schiff Woodall Castor (FL) Kline Austria Courtney Hanabusa T. Olson Schilling Wu Chabot Lamborn Baca Cravaack Hanna Scalise Owens Schmidt Yoder Chaffetz Lance Bachmann Crawford Harper Schilling Palazzo Schock Young (AK) Clarke (MI) Landry Bachus Crenshaw Harris Schmidt Pastor (AZ) Schwartz Young (FL) Coble Lankford Barletta Crowley Hartzler Schock Paul Schweikert Young (IN) Cohen Latham Barrow Cuellar Hayworth Schrader Bartlett Culberson Heck NOT VOTING—11 Cole LaTourette Cooper Latta Schweikert Barton (TX) Davis (CA) Heinrich Boustany Giffords McCarthy (NY) Scott (SC) Bass (NH) Davis (KY) Hensarling Costa Lewis (CA) Dingell Hastings (WA) Olver Sensenbrenner Becerra DeLauro Herger Crenshaw LoBiondo Filner Jackson (IL) Payne Sessions Benishek Denham Herrera Beutler Cuellar Lucas Flake Long Davis (KY) Lummis Shimkus Berg Dent Himes Shuler Biggert DesJarlais Hinojosa Denham Lungren, Daniel b 1309 Dent E. Shuster Bilbray Diaz-Balart Holden Simpson Bilirakis Dicks Hoyer Ms. BROWN of Florida and Mr. DesJarlais Lynch Deutch Mack Smith (NE) Bishop (GA) Doggett Huelskamp LOEBSACK changed their vote from Smith (NJ) Bishop (NY) Dold Huizenga (MI) Diaz-Balart Manzullo ‘‘aye’’ to ‘‘no.’’ Dold Marchant Smith (TX) Bishop (UT) Donnelly (IN) Hultgren Southerland Black Doyle Hunter Ms. WILSON of Florida changed her Donnelly (IN) Marino Duffy Matheson Speier Blackburn Dreier Hurt vote from ‘‘no’’ to ‘‘aye.’’ Stearns Blumenauer Duffy Duncan (SC) Matsui Inslee Stivers Bonner Duncan (SC) Israel So the amendment was rejected. Duncan (TN) McCarthy (CA) Stutzman Bono Mack Duncan (TN) Issa The result of the vote was announced Ellmers McCaul Sullivan Boren Ellmers Jackson Lee Emerson McClintock as above recorded. Terry Boswell Emerson (TX) Engel McCotter Stated for: Thompson (PA) Brady (PA) Farenthold Jenkins Farenthold McHenry Tiberi Brady (TX) Fincher Johnson (GA) Mr. FILNER. Mr. Chair, on rollcall 358, I was Fincher McIntyre Tipton Brooks Fitzpatrick Johnson (IL) Fitzpatrick McKinley away from the Capital region attending the Upton Broun (GA) Fleischmann Johnson (OH) Fleischmann McMorris Civil Rights Freedom Riders’ 50th Anniversary Walberg Brown (FL) Fleming Johnson, E. B. Fleming Rodgers Walden Buchanan Flores Johnson, Sam Celebration. Had I been present, I would have Fortenberry Meehan Walsh (IL) Bucshon Forbes Jones voted ‘‘aye.’’ Foxx Mica Franks (AZ) Michaud Webster Buerkle Fortenberry Jordan AMENDMENT NO. 48 OFFERED BY MR. MACK Burgess Foxx Keating Frelinghuysen Miller (FL) West Burton (IN) Franks (AZ) Kelly The Acting CHAIR. The unfinished Gallegly Miller (MI) Westmoreland Butterfield Frelinghuysen Kind business is the demand for a recorded Garrett Miller, Gary Whitfield Calvert Gallegly King (IA) vote on the amendment offered by the Gerlach Mulvaney Wilson (SC) Camp Gardner King (NY) Gibbs Murphy (PA) Wolf Campbell Garrett Kingston gentleman from Florida (Mr. MACK) on Gibson Myrick Womack Canseco Gerlach Kinzinger (IL) which further proceedings were post- Gingrey (GA) Noem Yoder Cantor Gibbs Kline poned and on which the ayes prevailed Gohmert Nugent Young (FL) Capito Gibson Labrador by voice vote. Carnahan Gingrey (GA) Lamborn NOES—193 Carney Gohmert Lance The Clerk will redesignate the Ackerman Berman Butterfield Carter Gonzalez Landry amendment. Akin Bishop (GA) Capps Cassidy Goodlatte Langevin The Clerk redesignated the amend- Amash Bishop (NY) Capuano Castor (FL) Gosar Lankford Andrews Bishop (UT) Carnahan Chabot Gowdy Larsen (WA) ment. Baca Blumenauer Carney Chaffetz Granger Larson (CT) RECORDED VOTE Baldwin Boswell Carson (IN) Chandler Graves (GA) Latham The Acting CHAIR. A recorded vote Barrow Brady (PA) Carter Cicilline Graves (MO) LaTourette Bass (CA) Brady (TX) Chandler Coble Green, Al Latta has been demanded. Becerra Braley (IA) Chu Coffman (CO) Green, Gene Levin A recorded vote was ordered. Berkley Brown (FL) Cicilline

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.068 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3726 CONGRESSIONAL RECORD — HOUSE May 26, 2011 Clarke (NY) Israel Rahall The vote was taken by electronic de- Guthrie McCaul Ros-Lehtinen Clay Jackson Lee Rangel vice, and there were—ayes 172, noes 246, Hall McClintock Roskam Cleaver (TX) Reichert Hanna McCotter Ross (FL) Clyburn Johnson (GA) Reyes not voting 13, as follows: Harper McHenry Royce Coffman (CO) Johnson (IL) Richardson [Roll No. 360] Harris McKeon Runyan Conaway Johnson, E. B. Richmond Hartzler McKinley Ryan (WI) Connolly (VA) Keating Rigell AYES—172 Hayworth McMorris Scalise Conyers Kildee Heck Roe (TN) Ackerman Gonzalez Pascrell Rodgers Schilling Costello Kind Rothman (NJ) Hensarling Meehan Andrews Green, Al Pastor (AZ) Schmidt Courtney Kinzinger (IL) Roybal-Allard Herger Mica Baca Green, Gene Pelosi Schock Cravaack Kissell Ruppersberger Herrera Beutler Miller (FL) Baldwin Grijalva Perlmutter Schweikert Crawford Kucinich Ryan (OH) Barrow Gutierrez Huelskamp Miller (MI) Scott (SC) Critz Peters Labrador Sanchez, Loretta Bass (CA) Hanabusa Huizenga (MI) Miller, Gary Scott, Austin Crowley Pingree (ME) Langevin Sarbanes Becerra Hastings (FL) Hultgren Mulvaney Sensenbrenner Culberson Polis Larsen (WA) Schakowsky Berkley Heinrich Hunter Murphy (PA) Sessions Cummings Larson (CT) Schiff Price (NC) Hurt Myrick Berman Higgins Sherman Davis (CA) Lee (CA) Schwartz Quigley Issa Neugebauer Bishop (NY) Himes Shimkus Davis (IL) Levin Scott (VA) Rahall Jenkins Noem Boren Hinchey Shuster DeFazio Lewis (GA) Scott, Austin Rangel Johnson (IL) Nugent Boswell Hinojosa Simpson DeGette Lipinski Scott, David Reyes Johnson (OH) Nunes Brady (PA) Hirono Smith (NE) DeLauro Richardson Loebsack Serrano Braley (IA) Holden Johnson, Sam Nunnelee Dicks Ross (AR) Smith (NJ) Lofgren, Zoe Sewell Brown (FL) Holt Jones Olson Doggett Smith (TX) Lowey Sherman Butterfield Honda Rothman (NJ) Jordan Palazzo Doyle Smith (WA) Luetkemeyer Sires Capps Hoyer Roybal-Allard Kelly Paul Dreier ´ Southerland Lujan Slaughter Capuano Inslee Ruppersberger King (IA) Paulsen Edwards Speier Maloney Smith (WA) Cardoza Israel Rush King (NY) Pearce Ellison Stearns Markey Stark Carnahan Jackson Lee Ryan (OH) Kingston Pence Eshoo Stivers McCollum Sutton Carney (TX) Sa´ nchez, Linda Kinzinger (IL) Peterson Farr Stutzman McDermott Thompson (CA) Carson (IN) Johnson (GA) T. Kline Petri Fattah Sullivan McGovern Thompson (MS) Castor (FL) Johnson, E. B. Sanchez, Loretta Labrador Pitts Flores Terry McKeon Thornberry Chandler Kaptur Sarbanes Lamborn Platts Forbes Thompson (PA) McNerney Tierney Chu Keating Schakowsky Lance Poe (TX) Frank (MA) Thornberry Meeks Tonko Cicilline Kildee Schiff Landry Pompeo Fudge Miller (NC) Towns Lankford Posey Tiberi Clarke (MI) Kind Schrader Garamendi Miller, George Tsongas Larsen (WA) Price (GA) Tipton Clarke (NY) Kissell Schwartz Gardner Moore Turner Latham Quayle Turner Clay Kucinich Scott (VA) Gonzalez Upton Moran Van Hollen Cleaver Langevin LaTourette Reed Granger ´ Scott, David Walberg Murphy (CT) Velazquez Clyburn Larson (CT) Latta Rehberg Green, Al Serrano Walden Nadler Visclosky Cohen Lee (CA) Lewis (CA) Reichert Green, Gene Sewell Walsh (IL) Napolitano Walz (MN) Connolly (VA) Levin LoBiondo Renacci Griffin (AR) Shuler Webster Neal Wasserman Conyers Lewis (GA) Lofgren, Zoe Ribble Grijalva Sires West Neugebauer Schultz Cooper Lipinski Lucas Richmond Gutierrez Slaughter Westmoreland Olson Waters Costa Loebsack Luetkemeyer Rigell Hanabusa Stark Whitfield Owens Watt Costello Lowey Lungren, Daniel Rivera Harris Thompson (CA) Wilson (SC) Pallone Waxman Courtney Luja´ n E. Roby Heck Thompson (MS) Wittman Pascrell Weiner Critz Lummis Mack Roe (TN) Himes Tierney Womack Pastor (AZ) Welch Crowley Lynch Manzullo Rogers (AL) Hinchey Tonko Woodall Pelosi Wilson (FL) Cuellar Maloney Marchant Rogers (KY) Hinojosa Towns Yoder Peters Wittman Cummings Markey Marino Rogers (MI) Hirono Young (AK) Peterson Woodall Davis (CA) McCollum Tsongas Matheson Rohrabacher Holden Young (FL) Pingree (ME) Woolsey Davis (IL) McDermott Van Hollen Matsui Rokita Holt ´ Platts Wu DeGette McGovern Velazquez McCarthy (CA) Rooney Young (IN) Honda Polis Yarmuth DeLauro McIntyre Visclosky Hoyer NOT VOTING—13 Price (NC) Young (AK) Deutch McNerney Walz (MN) Inslee Quigley Young (IN) Doggett Meeks Wasserman Boustany Giffords Olver Schultz Dingell Hastings (WA) Payne NOT VOTING—11 Donnelly (IN) Michaud Doyle Miller (NC) Waters Fattah Jackson (IL) Sutton Boustany Giffords McCarthy (NY) Duncan (TN) Miller, George Watt Filner Long Dingell Hastings (WA) Olver Edwards Moore Waxman Flake McCarthy (NY) Filner Jackson (IL) Payne Ellison Moran Weiner b 1316 Flake Long Emerson Murphy (CT) Welch Engel Nadler Wilson (FL) So the amendment was rejected. Wolf b 1312 Farr Napolitano The result of the vote was announced Frank (MA) Neal Woolsey as above recorded. So the amendment was agreed to. Fudge Owens Wu Garamendi Pallone Yarmuth Stated for: The result of the vote was announced Mr. FILNER. Mr. Chair, on rollcall 360, I was as above recorded. NOES—246 away from the Capital region attending the Stated against: Adams Burgess Ellmers Civil Rights Freedom Riders’ 50th Anniversary Aderholt Burton (IN) Eshoo Mr. FILNER. Mr. Chair, on rollcall 359, I was Celebration. Had I been present, I would have away from the Capital region attending the Akin Calvert Farenthold Alexander Camp Fincher voted ‘‘aye.’’ Civil Rights Freedom Riders’ 50th Anniversary Altmire Campbell Fitzpatrick AMENDMENT NO. 50 OFFERED BY MR. AMASH Celebration. Had I been present, I would have Amash Canseco Fleischmann The Acting CHAIR. The unfinished voted ‘‘no.’’ Austria Cantor Fleming Bachmann Capito Flores business is the demand for a recorded AMENDMENT NO. 49 OFFERED BY MR. LANGEVIN Bachus Carter Forbes vote on the amendment offered by the Barletta Cassidy Fortenberry The Acting CHAIR. The unfinished gentleman from Michigan (Mr. AMASH) business is the demand for a recorded Bartlett Chabot Foxx Barton (TX) Chaffetz Franks (AZ) on which further proceedings were vote on the amendment offered by the Bass (NH) Coble Frelinghuysen postponed and on which the ayes pre- gentleman from Rhode Island (Mr. Benishek Coffman (CO) Gallegly vailed by voice vote. LANGEVIN) on which further pro- Berg Cole Gardner Biggert Conaway Garrett The Clerk will redesignate the ceedings were postponed and on which Bilbray Cravaack Gerlach amendment. the noes prevailed by voice vote. Bilirakis Crawford Gibbs The Clerk redesignated the amend- The Clerk will redesignate the Bishop (GA) Crenshaw Gibson ment. amendment. Bishop (UT) Culberson Gingrey (GA) Black Davis (KY) Gohmert RECORDED VOTE The Clerk redesignated the amend- Blackburn DeFazio Goodlatte The Acting CHAIR. A recorded vote ment. Blumenauer Denham Gosar has been demanded. Bonner Dent Gowdy RECORDED VOTE Bono Mack DesJarlais Granger A recorded vote was ordered. The Acting CHAIR. A recorded vote Brady (TX) Diaz-Balart Graves (GA) The Acting CHAIR. This will be a 2- has been demanded. Brooks Dicks Graves (MO) minute vote. A recorded vote was ordered. Broun (GA) Dold Griffin (AR) The vote was taken by electronic de- Buchanan Dreier Griffith (VA) The Acting CHAIR. This is a 2- Bucshon Duffy Grimm vice, and there were—ayes 187, noes 234, minute vote. Buerkle Duncan (SC) Guinta not voting 10, as follows:

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.021 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3727 [Roll No. 361] Grimm McCarthy (CA) Ross (AR) [Roll No. 362] Guinta McCaul Ross (FL) AYES—187 Guthrie McCotter Royce AYES—63 Ackerman Griffith (VA) Paul Hall McHenry Runyan Amash Griffith (VA) Pence Amash Grijalva Pearce Harper McKeon Ryan (WI) Benishek Hensarling Peters Andrews Gutierrez Pelosi Harris McKinley Scalise Bishop (UT) Huelskamp Petri Baca Hanabusa Perlmutter Hartzler McMorris Schilling Blackburn Huizenga (MI) Poe (TX) Hayworth Rodgers Baldwin Hanna Peters Schmidt Bono Mack Jenkins Pompeo Heck Meehan Bartlett Hastings (FL) Pingree (ME) Schock Burgess Johnson (IL) Posey Hensarling Mica Bass (CA) Heinrich Polis Schweikert Campbell Johnson (OH) Price (GA) Herger Miller (FL) Becerra Higgins Posey Scott (SC) Chaffetz Johnson, Sam Reed Berkley Himes Herrera Beutler Miller (MI) Scott, Austin Clarke (NY) Kingston Renacci Price (NC) Holden Miller, Gary Berman Hinchey Quigley Sensenbrenner Coble Kucinich Rokita Bishop (GA) Hinojosa Huizenga (MI) Mulvaney Coffman (CO) Labrador Royce Rangel Sessions Bishop (NY) Hirono Hultgren Murphy (PA) Shimkus Cooper Landry Rush Reyes Hunter Myrick Bishop (UT) Holt Shuler Davis (IL) Lummis Schock Richardson Hurt Neugebauer Blumenauer Honda Shuster DeFazio Mack Schrader Richmond Issa Noem Boswell Hoyer Simpson Duncan (TN) McClintock Schweikert Rohrabacher Jenkins Nugent Brady (PA) Huelskamp Smith (NE) Edwards Mica Scott (SC) Rokita Johnson (OH) Nunes Braley (IA) Inslee Smith (NJ) Gingrey (GA) Miller (FL) Sensenbrenner Rothman (NJ) Johnson, Sam Nunnelee Brown (FL) Israel Smith (TX) Gohmert Mulvaney Stutzman Roybal-Allard Jordan Olson Butterfield Jackson Lee Southerland Goodlatte Myrick Walsh (IL) Ruppersberger Kelly Palazzo Campbell (TX) Stearns Gowdy Paul Webster Rush King (IA) Paulsen Capps Johnson (GA) Stivers Graves (GA) Pearce Yoder Ryan (OH) King (NY) Pence Capuano Johnson (IL) Stutzman Sa´ nchez, Linda Kingston Peterson Carnahan Johnson, E. B. Sullivan NOES—354 Carney Jones T. Kinzinger (IL) Petri Terry Ackerman Critz Higgins Carson (IN) Kaptur Sanchez, Loretta Kissell Pitts Thompson (PA) Adams Crowley Himes Castor (FL) Keating Sarbanes Kline Platts Thornberry Aderholt Cuellar Hinchey Chaffetz Kildee Schakowsky Lamborn Poe (TX) Tiberi Akin Culberson Hinojosa Chu Kind Schiff Lance Pompeo Tipton Alexander Cummings Hirono Cicilline Kucinich Schrader Landry Price (GA) Turner Altmire Davis (CA) Holden Clarke (MI) Labrador Schwartz Lankford Quayle Upton Andrews Davis (KY) Holt Clarke (NY) Langevin Latham Rahall Scott (VA) Walberg Austria DeGette Honda Clay Larsen (WA) LaTourette Reed Scott, David Walden Baca DeLauro Hoyer Cleaver Larson (CT) Latta Rehberg Serrano Walsh (IL) Bachmann Denham Clyburn Lee (CA) Lewis (CA) Reichert Hultgren Sewell Webster Bachus Dent Coble Lipinski Renacci Hunter Levin Sherman Baldwin DesJarlais Cohen LoBiondo Ribble West Hurt Lewis (GA) Sires Barletta Deutch Conyers Lucas Rigell Westmoreland Inslee Loebsack Slaughter Barrow Diaz-Balart Costello Luetkemeyer Rivera Whitfield Israel Lofgren, Zoe Smith (WA) Bartlett Dicks Courtney Lummis Roby Wilson (SC) Issa Lowey Speier Bass (CA) Dingell Crowley ´ Lungren, Daniel Roe (TN) Wittman Jackson Lee Lujan Stark Bass (NH) Doggett Cummings E. Rogers (AL) Wolf (TX) Lynch Sutton Becerra Dold Davis (CA) Maloney Mack Rogers (KY) Womack Johnson (GA) Thompson (CA) Berg Donnelly (IN) Davis (IL) Markey Manzullo Rogers (MI) Yoder Johnson, E. B. Thompson (MS) Berkley Doyle DeFazio Matsui Marchant Rooney Young (AK) Jones Tierney Berman Dreier DeGette McClintock Marino Ros-Lehtinen Young (FL) Jordan Tonko Biggert Duffy DeLauro McCollum Matheson Roskam Young (IN) Kaptur Towns Bilbray Duncan (SC) Deutch Keating McDermott NOT VOTING—10 Bilirakis Ellison Dicks Tsongas Kelly McGovern Bishop (GA) Ellmers Dingell McIntyre Van Hollen Boustany Hastings (WA) Olver Kildee ´ Bishop (NY) Emerson Doggett Velazquez Filner Jackson (IL) Payne Kind McNerney Black Engel Doyle Visclosky Flake Long King (IA) Meeks Blumenauer Eshoo Duncan (TN) Walz (MN) Giffords McCarthy (NY) King (NY) Michaud Bonner Farenthold Edwards Wasserman Kinzinger (IL) Miller (NC) 1321 Boren Farr Ellison Schultz b Kissell Miller, George Boswell Fattah Engel Waters Kline Moore Mr. YOUNG of Indiana changed his Brady (PA) Fincher Eshoo Watt Lamborn Moran vote from ‘‘aye’’ to ‘‘no.’’ Brady (TX) Fitzpatrick Farr Waxman Lance Murphy (CT) Braley (IA) Fleischmann Fattah Weiner Messrs. LYNCH and ROHRABACHER Langevin Nadler Brooks Fleming Frank (MA) Welch changed their vote from ‘‘no’’ to ‘‘aye.’’ Lankford Napolitano Broun (GA) Flores Fudge Wilson (FL) Larsen (WA) Neal So the amendment was rejected. Brown (FL) Forbes Garamendi Woodall Larson (CT) Owens The result of the vote was announced Buchanan Fortenberry Gibson Woolsey Latham Pallone as above recorded. Bucshon Foxx Gonzalez Wu LaTourette Pascrell Buerkle Frank (MA) Green, Al Stated for: Latta Pastor (AZ) Yarmuth Burton (IN) Franks (AZ) Mr. FILNER. Mr. Chair, on rollcall 361, I was Lee (CA) Butterfield Frelinghuysen NOES—234 away from the Capital region attending the Calvert Fudge Levin Adams Calvert Duffy Civil Rights Freedom Riders’ 50th Anniversary Camp Gallegly Lewis (CA) Aderholt Camp Duncan (SC) Canseco Garamendi Lewis (GA) Celebration. Had I been present, I would have Lipinski Akin Canseco Ellmers voted ‘‘aye.’’ Capito Gardner Alexander Cantor Emerson Capps Garrett LoBiondo Altmire Capito Farenthold AMENDMENT NO. 53 OFFERED BY MR. CAMPBELL Capuano Gerlach Loebsack Austria Cardoza Fincher The Acting CHAIR. The unfinished Cardoza Gibbs Lofgren, Zoe Lowey Bachmann Carter Fitzpatrick business is the demand for a recorded Carnahan Gibson Bachus Cassidy Fleischmann Carney Gonzalez Lucas Barletta Chabot Fleming vote on the amendment offered by the Carson (IN) Gosar Luetkemeyer Barrow Chandler Flores gentleman from California (Mr. CAMP- Carter Granger Luja´ n Barton (TX) Coffman (CO) Forbes BELL) on which further proceedings Cassidy Graves (MO) Lungren, Daniel E. Bass (NH) Cole Fortenberry were postponed and on which the noes Castor (FL) Green, Al Benishek Conaway Foxx Chabot Green, Gene Lynch Berg Connolly (VA) Franks (AZ) prevailed by voice vote. Chandler Griffin (AR) Maloney Biggert Cooper Frelinghuysen The Clerk will redesignate the Chu Grimm Manzullo Bilbray Costa Gallegly amendment. Cicilline Guinta Marchant Bilirakis Cravaack Gardner The Clerk redesignated the amend- Clarke (MI) Guthrie Marino Black Crawford Garrett Clay Gutierrez Markey Blackburn Crenshaw Gerlach ment. Cleaver Hall Matheson Bonner Critz Gibbs RECORDED VOTE Clyburn Hanabusa Matsui Bono Mack Cuellar Gingrey (GA) The Acting CHAIR. A recorded vote Cohen Hanna McCarthy (CA) Boren Culberson Gohmert Cole Harper McCaul Brady (TX) Davis (KY) Goodlatte has been demanded. Conaway Harris McCollum Brooks Denham Gosar A recorded vote was ordered. Connolly (VA) Hartzler McCotter Broun (GA) Dent Gowdy The Acting CHAIR. This is a 2- Costa Hastings (FL) McDermott Buchanan DesJarlais Granger minute vote. Costello Hayworth McGovern Bucshon Diaz-Balart Graves (GA) The vote was taken by electronic de- Courtney Heck McHenry Buerkle Dold Graves (MO) Cravaack Heinrich McIntyre Burgess Donnelly (IN) Green, Gene vice, and there were—ayes 63, noes 354, Crawford Herger McKeon Burton (IN) Dreier Griffin (AR) not voting 14, as follows: Crenshaw Herrera Beutler McKinley

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.026 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3728 CONGRESSIONAL RECORD — HOUSE May 26, 2011 McMorris Rigell Speier [Roll No. 363] Lynch Platts Shuster Rodgers Rivera Stark Maloney Pompeo Simpson McNerney Roby Stearns AYES—98 Marchant Price (NC) Sires Meehan Roe (TN) Stivers Amash Gingrey (GA) Pence Marino Rahall Slaughter Meeks Rogers (AL) Sullivan Bartlett Goodlatte Peters Markey Rangel Smith (NJ) Michaud Rogers (KY) Sutton Barton (TX) Gowdy Pitts Matheson Reichert Smith (TX) Miller (MI) Rogers (MI) Terry Benishek Graves (GA) Poe (TX) Matsui Reyes Smith (WA) Miller (NC) Rohrabacher Thompson (CA) Biggert Griffith (VA) Polis McCarthy (CA) Ribble Speier Miller, Gary Rooney Thompson (MS) McCaul Richardson Black Guinta Posey Sullivan Miller, George Ros-Lehtinen Thompson (PA) McCollum Richmond Bono Mack Huelskamp Price (GA) Sutton Moore Roskam Thornberry McCotter Rigell Brady (TX) Huizenga (MI) Quayle Terry Moran Ross (AR) Tiberi McDermott Rivera Broun (GA) Johnson (IL) Quigley Thompson (CA) Murphy (CT) Ross (FL) Tierney Burgess Johnson (OH) Reed McGovern Roby Murphy (PA) Rothman (NJ) Tipton McIntyre Roe (TN) Thompson (MS) Burton (IN) Johnson, Sam Rehberg Thompson (PA) Nadler Roybal-Allard Tonko Campbell Jones Renacci McKeon Rogers (AL) Thornberry Napolitano Runyan Towns Chabot Jordan Rogers (KY) McKinley Rogers (MI) Tierney Neal Ruppersberger Tsongas Chaffetz Kingston Rokita McMorris Rohrabacher Tipton Neugebauer Ryan (OH) Turner Coble Kline Royce Rodgers Rooney Tonko Noem Ryan (WI) Upton Coffman (CO) Labrador Rush McNerney Ros-Lehtinen Nugent Sa´ nchez, Linda Van Hollen Conyers Landry Schock Meehan Roskam Towns Nunes T. Vela´ zquez Culberson Lofgren, Zoe Scott (SC) Meeks Ross (AR) Tsongas Nunnelee Sanchez, Loretta Visclosky Davis (KY) Lummis Sensenbrenner Michaud Ross (FL) Turner Olson Sarbanes Walberg Dent Lungren, Daniel Shimkus Miller (MI) Rothman (NJ) Upton Owens Scalise Walden Dold E. Smith (NE) Miller (NC) Roybal-Allard Van Hollen Palazzo Schakowsky Walz (MN) Duffy Mack Southerland Miller, Gary Runyan Vela´ zquez Pallone Schiff Wasserman Duncan (SC) Manzullo Stark Miller, George Ruppersberger Visclosky Pascrell Schilling Schultz Duncan (TN) McClintock Stearns Moore Ryan (OH) Walberg Pastor (AZ) Schmidt Waters Emerson McHenry Stivers Moran Ryan (WI) Walz (MN) Paulsen Schwartz Watt Farr Mica Stutzman Murphy (CT) Sa´ nchez, Linda Wasserman Pelosi Scott (VA) Waxman Fitzpatrick Miller (FL) Tiberi Murphy (PA) T. Schultz Perlmutter Scott, Austin Weiner Frank (MA) Mulvaney Walden Myrick Sanchez, Loretta Waters Peterson Scott, David Welch Garamendi Nadler Walsh (IL) Napolitano Sarbanes Watt Pingree (ME) Serrano West Gardner Neugebauer Westmoreland Neal Scalise Waxman Pitts Sessions Westmoreland Noem Schakowsky Gerlach Nunnelee Whitfield Webster Platts Sewell Whitfield Nugent Schiff Gibbs Paul Woodall Weiner Polis Sherman Wilson (FL) Nunes Schilling Gibson Paulsen Yoder Welch Price (NC) Shimkus Wilson (SC) Olson Schmidt West Quayle Shuler Wittman NOES—321 Owens Schrader Quigley Shuster Wolf Palazzo Schwartz Wilson (FL) Rahall Simpson Womack Ackerman Conaway Hanna Pallone Schweikert Wilson (SC) Rangel Sires Woodall Adams Connolly (VA) Harper Pascrell Scott (VA) Wittman Rehberg Slaughter Woolsey Aderholt Cooper Harris Pastor (AZ) Scott, Austin Womack Reichert Smith (NE) Wu Akin Costa Hartzler Pearce Scott, David Woolsey Reyes Smith (NJ) Yarmuth Alexander Costello Hastings (FL) Pelosi Serrano Wu Ribble Smith (TX) Young (AK) Altmire Courtney Hayworth Perlmutter Sessions Yarmuth Richardson Smith (WA) Young (FL) Andrews Cravaack Heck Peterson Sewell Young (AK) Richmond Southerland Young (IN) Austria Crawford Heinrich Petri Sherman Young (FL) Baca Crenshaw Hensarling Pingree (ME) Shuler Young (IN) NOT VOTING—14 Bachmann Critz Herger Bachus Crowley Herrera Beutler NOT VOTING—12 Barton (TX) Flake Long Baldwin Cuellar Higgins Boustany Giffords McCarthy (NY) Boustany Giffords McCarthy (NY) Barletta Cummings Himes Cantor Hastings (WA) Olver Cantor Grijalva Olver Barrow Davis (CA) Hinchey Conyers Hastings (WA) Payne Filner Jackson (IL) Payne Bass (CA) Davis (IL) Hinojosa Flake Long Wolf Filner Jackson (IL) Bass (NH) DeFazio Hirono Becerra DeGette Holden b 1328 b 1324 Berg DeLauro Holt Berkley Denham Honda Messrs. WELCH and GRIFFIN of Ar- So the amendment was rejected. Berman DesJarlais Hoyer Bilbray Deutch Hultgren kansas changed their vote from ‘‘aye’’ The result of the vote was announced Bilirakis Diaz-Balart Hunter to ‘‘no.’’ as above recorded. Bishop (GA) Dicks Hurt So the amendment was rejected. Bishop (NY) Dingell Inslee The result of the vote was announced Stated against: Bishop (UT) Doggett Israel as above recorded. Mr. FILNER. Mr. Chair, on rollcall 362, I was Blackburn Donnelly (IN) Issa Blumenauer Doyle Jackson Lee Stated against: away from the Capital region attending the Bonner Dreier (TX) Mr. FILNER. Mr. Chair, on rollcall 363, I was Civil Rights Freedom Riders’ 50th Anniversary Boren Edwards Jenkins away from the Capital region attending the Celebration. Had I been present, I would have Boswell Ellison Johnson (GA) Civil Rights Freedom Riders’ 50th Anniversary voted ‘‘no.’’ Brady (PA) Ellmers Johnson, E. B. Braley (IA) Engel Kaptur Celebration. Had I been present, I would have AMENDMENT NO. 54 OFFERED BY MR. CAMPBELL Brooks Eshoo Keating voted ‘‘no.’’ Brown (FL) Farenthold Kelly The Acting CHAIR. The unfinished Buchanan Fattah Kildee AMENDMENT NO. 56 OFFERED BY MR. CHAFFETZ business is the demand for a recorded Bucshon Fincher Kind The Acting CHAIR. The unfinished vote on the amendment offered by the Buerkle Fleischmann King (IA) Butterfield Fleming King (NY) business is the demand for a recorded gentleman from California (Mr. CAMP- Calvert Flores Kinzinger (IL) vote on the amendment offered by the BELL) on which further proceedings Camp Forbes Kissell gentleman from Utah (Mr. CHAFFETZ) were postponed and on which the noes Canseco Fortenberry Kucinich on which further proceedings were prevailed by voice vote. Capito Foxx Lamborn Capps Franks (AZ) Lance postponed and on which the noes pre- The Clerk will redesignate the Capuano Frelinghuysen Langevin vailed by voice vote. amendment. Cardoza Fudge Lankford The Clerk will redesignate the Carnahan Gallegly Larsen (WA) The Clerk redesignated the amend- Carney Garrett Larson (CT) amendment. ment. Carson (IN) Gohmert Latham The Clerk redesignated the amend- Carter Gonzalez LaTourette ment. RECORDED VOTE Cassidy Gosar Latta RECORDED VOTE The Acting CHAIR. A recorded vote Castor (FL) Granger Lee (CA) Chandler Graves (MO) Levin The Acting CHAIR. A recorded vote has been demanded. Chu Green, Al Lewis (CA) has been demanded. A recorded vote was ordered. Cicilline Green, Gene Lewis (GA) Clarke (MI) Griffin (AR) Lipinski A recorded vote was ordered. The Acting CHAIR. This is a 2- Clarke (NY) Grijalva LoBiondo The Acting CHAIR. This is a 2- minute vote. Clay Grimm Loebsack minute vote. The vote was taken by electronic de- Cleaver Guthrie Lowey The vote was taken by electronic de- Clyburn Gutierrez Lucas vice, and there were—ayes 98, noes 321, Cohen Hall Luetkemeyer vice, and there were—ayes 123, noes 294, not voting 12, as follows: Cole Hanabusa Luja´ n not voting 14, as follows:

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.045 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3729 [Roll No. 364] Larsen (WA) Pascrell Schweikert [Roll No. 365] Latham Paulsen Scott (SC) AYES—123 LaTourette Pearce Scott, Austin AYES—96 Amash Green, Gene Pelosi Latta Pence Scott, David Amash Green, Gene Pingree (ME) Baldwin Grijalva Pingree (ME) Levin Perlmutter Sensenbrenner Andrews Grijalva Polis Bass (CA) Gutierrez Polis Lewis (CA) Peters Sessions Baca Gutierrez Quigley Bass (NH) Heinrich Posey Lipinski Peterson Sewell Baldwin Hinchey Reyes LoBiondo Petri Shimkus Benishek Himes Quigley Bass (CA) Hinojosa Ribble Loebsack Pitts Shuster Bishop (NY) Hinchey Rahall Becerra Holt Richardson Lowey Platts Simpson Blumenauer Hinojosa Rangel Benishek Honda Rohrabacher Lucas Poe (TX) Smith (NE) Boswell Hirono Richardson Blumenauer Jackson Lee Luetkemeyer Pompeo Smith (NJ) Rush Brady (PA) Holt Rohrabacher Braley (IA) (TX) Luja´ n Price (GA) Smith (TX) Ryan (OH) Braley (IA) Honda Roybal-Allard Campbell Jones ´ Lungren, Daniel Price (NC) Smith (WA) Sanchez, Linda Campbell Inslee Rush Capuano Keating T. Capuano Jackson Lee E. Quayle Southerland Chu Kind Ryan (OH) Schakowsky Carson (IN) (TX) Mack Reed Stearns Cicilline Kingston Sa´ nchez, Linda Schrader Chaffetz Johnson (IL) Manzullo Rehberg Stivers Clarke (MI) Kucinich T. Sensenbrenner Chu Jones Marchant Reichert Stutzman Clarke (NY) Larson (CT) Sanchez, Loretta Serrano Cicilline Kaptur Marino Renacci Sullivan Clay Lee (CA) Sarbanes Sires Clarke (MI) Kucinich Matheson Reyes Terry Cleaver Lewis (GA) Schrader Clarke (NY) Labrador McCarthy (CA) Ribble Thompson (MS) Cohen Lofgren, Zoe Slaughter Scott (VA) Clay Larson (CT) McCaul Richmond Thompson (PA) Conyers Luja´ n Speier Serrano Cleaver Lee (CA) McClintock Rigell Thornberry Cooper Lummis Stark Sherman Coble Lewis (GA) McCollum Rivera Tiberi Davis (IL) Markey Stearns Shuler Cohen Lofgren, Zoe McCotter Roby Tipton DeFazio McClintock Stivers Conyers Lummis Sires McHenry Roe (TN) Turner Deutch McCollum Tiberi Costello Lynch Slaughter McIntyre Rogers (AL) Upton Doggett McDermott Tierney Courtney Maloney Speier McKeon Rogers (KY) Van Hollen Duncan (TN) McGovern Tonko Crowley Markey Stark McKinley Rogers (MI) Walberg Edwards Miller, George Vela´ zquez Cummings Matsui Sutton McMorris Rokita Walden Ellison Moran Walsh (IL) Davis (IL) McDermott Thompson (CA) Rodgers Rooney Walz (MN) Eshoo Nadler Waters DeFazio McGovern Tierney Meehan Ros-Lehtinen Wasserman Farr Napolitano Waxman DeGette McNerney Tonko Mica Roskam Schultz Fattah Pallone Weiner DeLauro Meeks Towns Miller (FL) Ross (AR) Waters Frank (MA) Paul Welch Dicks Michaud Tsongas Miller (MI) Ross (FL) Webster Fudge Peters Woolsey Doggett Miller, George Vela´ zquez Miller (NC) Rothman (NJ) West Garamendi Petri Yarmuth Doyle Moore Visclosky Miller, Gary Royce Whitfield Duncan (TN) Moran Walsh (IL) Murphy (PA) Runyan Wilson (SC) NOES—323 Edwards Mulvaney Watt Myrick Ruppersberger Wittman Ackerman Costa Guthrie Ellison Nadler Waxman Neugebauer Ryan (WI) Wolf Adams Costello Hall Eshoo Napolitano Weiner Noem Scalise Womack Aderholt Courtney Hanabusa Farr Neal Welch Nugent Schakowsky Woodall Akin Cravaack Hanna Frank (MA) Pallone Wilson (FL) Nunes Schiff Wu Alexander Crawford Harper Fudge Woolsey Nunnelee Schilling Yoder Pastor (AZ) Altmire Crenshaw Garamendi Paul Yarmuth Olson Schmidt Young (AK) Harris Owens Schock Young (FL) Austria Critz Hartzler Bachmann Crowley NOES—294 Palazzo Schwartz Young (IN) Hastings (FL) Bachus Cuellar Hayworth Ackerman Coffman (CO) Granger NOT VOTING—14 Barletta Culberson Heck Adams Cole Graves (GA) Barrow Cummings Barrow Giffords Murphy (CT) Heinrich Aderholt Conaway Graves (MO) Bartlett Davis (CA) Boustany Hastings (WA) Hensarling Akin Connolly (VA) Green, Al Olver Barton (TX) Davis (KY) Cantor Jackson (IL) Herger Alexander Cooper Griffin (AR) Payne Bass (NH) DeGette Filner Long Herrera Beutler Altmire Costa Griffith (VA) Westmoreland Berg DeLauro Flake McCarthy (NY) Higgins Andrews Cravaack Grimm Berkley Denham Himes Austria Crawford Guinta Berman Dent Hirono Baca Crenshaw Guthrie b 1331 Biggert DesJarlais Holden Bachmann Critz Hall Bilbray Diaz-Balart Hoyer Bachus Cuellar Bilirakis Dicks Hanabusa So the amendment was rejected. Huelskamp Barletta Culberson Hanna Bishop (GA) Dingell Huizenga (MI) Bartlett Davis (CA) Harper The result of the vote was announced Bishop (NY) Dold Hultgren Barton (TX) Davis (KY) Harris Bishop (UT) Donnelly (IN) as above recorded. Hunter Becerra Denham Hartzler Black Doyle Stated for: Hurt Berg Dent Hastings (FL) Blackburn Dreier Inslee Berkley DesJarlais Hayworth Mr. FILNER. Mr. Chair, on rollcall 364, I was Bonner Duffy Israel Berman Deutch Heck Bono Mack Duncan (SC) away from the Capital region attending the Issa Biggert Diaz-Balart Hensarling Boren Ellmers Civil Rights Freedom Riders’ 50th Anniversary Jenkins Bilbray Dingell Herger Boswell Emerson Johnson (GA) Bilirakis Dold Herrera Beutler Celebration. Had I been present, I would have Brady (PA) Engel Johnson (IL) Bishop (GA) Donnelly (IN) Higgins voted ‘‘aye.’’ Brady (TX) Farenthold Bishop (UT) Dreier Holden Brooks Fincher Johnson (OH) AMENDMENT NO. 60 OFFERED BY MR. POLIS Black Duffy Hoyer Broun (GA) Fitzpatrick Johnson, E. B. Blackburn Duncan (SC) Huelskamp The Acting CHAIR. The unfinished Brown (FL) Fleischmann Johnson, Sam Jordan Bonner Ellmers Huizenga (MI) business is the demand for a recorded Buchanan Fleming Bono Mack Emerson Hultgren Bucshon Flores Kaptur Boren Engel Hunter vote on the amendment offered by the Buerkle Forbes Kelly Brady (TX) Farenthold Hurt gentleman from Colorado (Mr. POLIS) Burgess Fortenberry Kildee Brooks Fattah Israel Burton (IN) Foxx King (IA) on which further proceedings were King (NY) Broun (GA) Fincher Issa postponed and on which the noes pre- Butterfield Franks (AZ) Brown (FL) Fitzpatrick Jenkins Calvert Frelinghuysen Kinzinger (IL) Buchanan Fleischmann Johnson (GA) vailed by voice vote. Camp Gallegly Kissell Bucshon Fleming Johnson (OH) The Clerk will redesignate the Canseco Gardner Kline Labrador Buerkle Flores Johnson, E. B. amendment. Capito Garrett Burgess Forbes Johnson, Sam Capps Gerlach Lamborn Burton (IN) Fortenberry Jordan The Clerk redesignated the amend- Cardoza Gibbs Lance Butterfield Foxx Keating ment. Carnahan Gibson Landry Calvert Franks (AZ) Kelly Carney Gingrey (GA) Langevin Camp Frelinghuysen Kildee RECORDED VOTE Carson (IN) Gohmert Lankford Canseco Gallegly Kind The Acting CHAIR. A recorded vote Carter Gonzalez Larsen (WA) Capito Gardner King (IA) Cassidy Goodlatte Latham Capps Garrett King (NY) has been demanded. Castor (FL) Gosar LaTourette Cardoza Gerlach Kingston A recorded vote was ordered. Chabot Gowdy Latta Carnahan Gibbs Kinzinger (IL) The Acting CHAIR. This will be a 2- Chaffetz Granger Levin Carney Gibson Kissell Chandler Graves (GA) Lewis (CA) Carter Gingrey (GA) Kline minute vote. Clyburn Graves (MO) Lipinski Cassidy Gohmert Lamborn The vote was taken by electronic de- Coble Green, Al LoBiondo Castor (FL) Gonzalez Lance vice, and there were—ayes 96, noes 323, Coffman (CO) Griffin (AR) Loebsack Chabot Goodlatte Landry Cole Griffith (VA) Lowey Chandler Gosar Langevin answered ‘‘present’’ 1, not voting 11, as Conaway Grimm Lucas Clyburn Gowdy Lankford follows: Connolly (VA) Guinta Luetkemeyer

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.047 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3730 CONGRESSIONAL RECORD — HOUSE May 26, 2011 Lungren, Daniel Peterson Sessions [Roll No. 366] Pearce Ruppersberger Thompson (CA) E. Pitts Sewell Pelosi Rush Thompson (MS) Lynch Platts Sherman AYES—416 Pence Ryan (OH) Thompson (PA) Mack Poe (TX) Shimkus Perlmutter Ryan (WI) Ackerman DeGette Johnson (GA) Thornberry Maloney Pompeo Shuler Peters Sa´ nchez, Linda Adams DeLauro Johnson (IL) Tiberi Manzullo Posey Shuster Peterson T. Aderholt Denham Johnson (OH) Tierney Marchant Price (GA) Simpson Petri Sanchez, Loretta Akin Dent Johnson, E. B. Tipton Marino Price (NC) Smith (NE) Pingree (ME) Sarbanes Alexander DesJarlais Johnson, Sam Tonko Matheson Quayle Smith (NJ) Pitts Scalise Towns Matsui Rahall Smith (TX) Altmire Deutch Jones Platts Schakowsky Tsongas McCarthy (CA) Rangel Smith (WA) Amash Diaz-Balart Jordan Poe (TX) Schiff McCaul Reed Southerland Andrews Dicks Kaptur Polis Schilling Turner McCotter Rehberg Stutzman Austria Dingell Keating Pompeo Schmidt Upton McHenry Reichert Sullivan Baca Doggett Kelly Posey Schock Van Hollen McIntyre Renacci Sutton Bachmann Dold Kildee Price (GA) Schrader Vela´ zquez McKeon Richmond Terry Bachus Donnelly (IN) Kind Price (NC) Schwartz Visclosky McKinley Rigell Thompson (CA) Baldwin Doyle King (NY) Quayle Schweikert Walberg McMorris Rivera Thompson (MS) Barletta Dreier Kingston Quigley Scott (SC) Walden Rodgers Roby Thompson (PA) Barrow Duffy Kinzinger (IL) Rahall Scott (VA) Walsh (IL) McNerney Roe (TN) Thornberry Bartlett Duncan (SC) Kissell Rangel Scott, Austin Walz (MN) Meehan Rogers (AL) Tipton Barton (TX) Duncan (TN) Kline Reed Scott, David Wasserman Meeks Rogers (KY) Towns Bass (CA) Edwards Kucinich Rehberg Sensenbrenner Schultz Mica Rogers (MI) Tsongas Bass (NH) Ellison Labrador Reichert Serrano Waters Becerra Ellmers Lamborn Michaud Rokita Turner Renacci Sessions Watt Benishek Emerson Lance Miller (FL) Rooney Upton Reyes Sewell Waxman Berg Engel Landry Miller (MI) Ros-Lehtinen Van Hollen Ribble Sherman Webster Berman Eshoo Langevin Miller (NC) Roskam Visclosky Richardson Shimkus Weiner Biggert Farenthold Lankford Miller, Gary Ross (AR) Walberg Richmond Shuler Welch Mulvaney Ross (FL) Walden Bilbray Farr Larsen (WA) Rigell Shuster Bilirakis Fattah Larson (CT) West Murphy (CT) Rothman (NJ) Walz (MN) Rivera Simpson Westmoreland Murphy (PA) Roybal-Allard Wasserman Bishop (GA) Fincher Latham Roby Sires Whitfield Myrick Royce Schultz Bishop (NY) Fitzpatrick LaTourette Roe (TN) Slaughter Wilson (FL) Neal Runyan Watt Bishop (UT) Fleischmann Latta Rogers (AL) Smith (NE) Wilson (SC) Neugebauer Ruppersberger Webster Black Fleming Lee (CA) Rogers (KY) Smith (NJ) Noem Ryan (WI) West Blackburn Flores Levin Rogers (MI) Smith (TX) Wittman Nugent Sanchez, Loretta Westmoreland Blumenauer Forbes Lewis (CA) Rokita Smith (WA) Wolf Nunes Sarbanes Whitfield Bonner Fortenberry Lewis (GA) Rooney Southerland Womack Nunnelee Scalise Wilson (FL) Bono Mack Foxx Lipinski Ros-Lehtinen Speier Woodall Olson Schiff Wilson (SC) Boren Frank (MA) LoBiondo Roskam Stark Woolsey Owens Schilling Wittman Boswell Franks (AZ) Loebsack Ross (AR) Stearns Wu Palazzo Schmidt Wolf Brady (PA) Frelinghuysen Lofgren, Zoe Ross (FL) Stivers Yarmuth Pascrell Schock Womack Brady (TX) Fudge Lowey Rothman (NJ) Stutzman Yoder Pastor (AZ) Schwartz Woodall Braley (IA) Gallegly Lucas Roybal-Allard Sullivan Young (AK) Paulsen Schweikert Wu Brooks Garamendi Luetkemeyer Royce Sutton Young (FL) Pearce Scott (SC) Yoder Broun (GA) Gardner Luja´ n Runyan Terry Young (IN) Pelosi Scott (VA) Young (AK) Brown (FL) Garrett Lummis Pence Scott, Austin Young (FL) Buchanan Gerlach Lungren, Daniel NOES—5 Perlmutter Scott, David Young (IN) Bucshon Gibbs E. Berkley Moore Rohrabacher Buerkle Gibson Lynch King (IA) Moran ANSWERED ‘‘PRESENT’’—1 Burgess Gingrey (GA) Mack Moore Burton (IN) Gohmert Maloney NOT VOTING—10 Butterfield Gonzalez Manzullo Boustany Hastings (WA) Olver NOT VOTING—11 Calvert Goodlatte Marchant Filner Jackson (IL) Camp Gosar Marino Payne Boustany Giffords McCarthy (NY) Flake Long Campbell Gowdy Markey Cantor Hastings (WA) Olver Giffords McCarthy (NY) Canseco Granger Matheson Filner Jackson (IL) Payne Flake Long Cantor Graves (GA) Matsui Capito Graves (MO) McCarthy (CA) b 1339 b 1336 Capps Green, Al McCaul Capuano Green, Gene McClintock Ms. HAYWORTH and Mr. HIGGINS Mr. WATT changed his vote from Cardoza Griffin (AR) McCollum changed their vote from ‘‘no’’ to ‘‘aye.’’ ‘‘aye’’ to ‘‘no.’’ Carnahan Griffith (VA) McCotter So the amendment was agreed to. So the amendment was rejected. Carney Grijalva McDermott The result of the vote was announced The result of the vote was announced Carson (IN) Grimm McGovern Carter Guinta McHenry as above recorded. as above recorded. Cassidy Guthrie McIntyre Stated for: Stated for: Castor (FL) Gutierrez McKeon Mr. FILNER. Mr. Chair, on rollcall 366, I was Mr. FILNER. Mr. Chair, on rollcall 365, I was Chabot Hall McKinley away from the Capital region attending the away from the Capital region attending the Chaffetz Hanabusa McMorris Chandler Hanna Rodgers Civil Rights Freedom Riders’ 50th Anniversary Civil Rights Freedom Riders’ 50th Anniversary Chu Harper McNerney Celebration. Had I been present, I would have Celebration. Had I been present, I would have Cicilline Harris Meehan voted ‘‘aye.’’ voted ‘‘aye.’’ Clarke (MI) Hartzler Meeks Clarke (NY) Hastings (FL) Mica AMENDMENT NO. 62 OFFERED BY MR. FLAKE AMENDMENT NO. 61 OFFERED BY MR. CONYERS Clay Hayworth Michaud The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Cleaver Heck Miller (FL) business is the demand for a recorded business is the demand for a recorded Clyburn Heinrich Miller (MI) vote on the amendment offered by the vote on the amendment offered by the Coble Hensarling Miller (NC) Coffman (CO) Herger Miller, Gary gentleman from Arizona (Mr. FLAKE) gentleman from Michigan (Mr. CON- Cohen Herrera Beutler Miller, George on which further proceedings were YERS) on which further proceedings Cole Higgins Mulvaney postponed and on which the noes pre- were postponed and on which the ayes Conaway Himes Murphy (CT) Connolly (VA) Hinchey Murphy (PA) vailed by voice vote. prevailed by voice vote. Conyers Hinojosa Myrick The Clerk will redesignate the The Clerk will redesignate the Cooper Hirono Nadler amendment. amendment. Costa Holden Napolitano The Clerk redesignated the amend- Costello Holt Neal The Clerk redesignated the amend- Courtney Honda Neugebauer ment. ment. Cravaack Hoyer Noem RECORDED VOTE Crawford Huelskamp Nugent RECORDED VOTE The Acting CHAIR. A recorded vote Crenshaw Huizenga (MI) Nunes The Acting CHAIR. A recorded vote Critz Hultgren Nunnelee has been demanded. has been demanded. Crowley Hunter Olson A recorded vote was ordered. Cuellar Hurt Owens A recorded vote was ordered. The Acting CHAIR. This will be a 2- Culberson Inslee Palazzo The Acting CHAIR. This will be a 2- minute vote. Cummings Israel Pallone minute vote. The vote was taken by electronic de- Davis (CA) Issa Pascrell The vote was taken by electronic de- Davis (IL) Jackson Lee Pastor (AZ) vice, and there were—ayes 416, noes 5, Davis (KY) (TX) Paul vice, and there were—ayes 269, noes 151, not voting 10, as follows: DeFazio Jenkins Paulsen not voting 11, as follows:

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.076 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3731 [Roll No. 367] Barrow Gallegly Rangel The vote was taken by electronic de- Bartlett Gerlach Reichert AYES—269 Berg Gibson Ribble vice, and there were—ayes 176, noes 241, Ackerman Grijalva Nunnelee Berkley Gohmert Rigell not voting 14, as follows: Aderholt Guinta Pallone Biggert Granger Rivera [Roll No. 368] Altmire Gutierrez Pascrell Bilbray Griffin (AR) Roby Amash Harris Pastor (AZ) Bilirakis Grimm Roe (TN) AYES—176 Bishop (UT) Guthrie Rogers (AL) Baca Hastings (FL) Paul Ackerman Grijalva Pastor (AZ) Blackburn Hall Rogers (KY) Barton (TX) Hayworth Paulsen Amash Gutierrez Paul Brady (PA) Hanabusa Rooney Bass (CA) Heinrich Pearce Andrews Hanabusa Pelosi Brooks Hanna Ros-Lehtinen Bass (NH) Hensarling Pelosi Baca Hastings (FL) Peters Brown (FL) Harper Roskam Becerra Herrera Beutler Pence Baldwin Heinrich Peterson Buchanan Hartzler Ross (FL) Benishek Higgins Perlmutter Bass (CA) Herrera Beutler Pingree (ME) Buerkle Heck Rothman (NJ) Berman Himes Peters Becerra Higgins Calvert Herger Runyan Polis Bishop (GA) Hinchey Peterson Berkley Hinchey Canseco Holden Rush Price (NC) Bishop (NY) Hinojosa Petri Berman Hinojosa Carter Hultgren Ryan (OH) Quigley Black Hirono Pingree (ME) Bishop (NY) Hirono Clarke (NY) Hunter Ryan (WI) Rahall Blumenauer Holt Pitts Blumenauer Holt Clyburn Issa Sa´ nchez, Linda Rangel Bonner Honda Poe (TX) Boren Honda Cole Johnson, E. B. T. Reyes Bono Mack Hoyer Polis Boswell Hoyer Conaway Johnson, Sam Scalise Richardson Boren Huelskamp Pompeo Brady (PA) Huizenga (MI) Crawford Kaptur Schilling Richmond Boswell Huizenga (MI) Price (GA) Braley (IA) Inslee Crenshaw Kelly Schmidt Rothman (NJ) Brady (TX) Hurt Price (NC) Brown (FL) Israel Critz Roybal-Allard Braley (IA) Inslee King (NY) Scott, Austin Butterfield Jackson Lee Quayle Culberson Royce Broun (GA) Israel Kinzinger (IL) Sewell Campbell (TX) Quigley Cummings Ruppersberger Bucshon Jackson Lee Kline Shimkus Capps Johnson (GA) Rahall Davis (IL) Rush Burgess (TX) Lamborn Shuster Capuano Johnson, E. B. Reed Davis (KY) Ryan (OH) Burton (IN) Jenkins Latham Simpson Cardoza Keating Rehberg DeGette Sa´ nchez, Linda Butterfield Johnson (GA) Latta Smith (NE) Carnahan Kildee Renacci Denham T. Camp Johnson (IL) Lewis (CA) Terry Carney Kind Reyes Dent Sanchez, Loretta Campbell Johnson (OH) LoBiondo Thompson (PA) Carson (IN) Kingston Richardson DesJarlais Sarbanes Capito Jones Lucas Thornberry Castor (FL) Kucinich Richmond Diaz-Balart Schakowsky Capps Jordan Luetkemeyer Tipton Chandler Labrador Rogers (MI) Dold Schiff Capuano Keating Marino Towns Chu Langevin Rohrabacher Doyle Schrader Cardoza Kildee McCaul Tsongas Cicilline Larsen (WA) Rokita Dreier Carnahan Kind McKeon Turner Clarke (MI) Lee (CA) Schwartz Ross (AR) Farenthold Carney King (IA) McKinley Wasserman Clarke (NY) Levin Scott, David Roybal-Allard Fattah Carson (IN) Kingston Miller (FL) Schultz Clay Lewis (GA) Serrano Royce Fincher Cassidy Kissell Miller, Gary Webster Cleaver Lipinski Sewell Ruppersberger Fleischmann Castor (FL) Kucinich Murphy (PA) West Clyburn Loebsack Sherman Sanchez, Loretta Fleming Chabot Labrador Myrick Whitfield Cohen Lofgren, Zoe Shuler Sarbanes Flores Chaffetz Lance Neugebauer Wilson (SC) Conyers Lowey Sires Schakowsky Forbes Chandler Landry Noem Wittman Cooper Luja´ n Slaughter Schiff Fortenberry Chu Langevin Olson Wolf Costa Lummis Smith (WA) Schock Foxx Cicilline Lankford Owens Womack Crowley Lynch Speier Schrader Franks (AZ) Clarke (MI) Larsen (WA) Palazzo Young (AK) Cuellar Maloney Stark Schwartz Frelinghuysen Clay Larson (CT) Platts Young (FL) Davis (IL) Markey Thompson (CA) Schweikert Fudge Cleaver LaTourette Posey Young (IN) DeFazio Matheson Thompson (MS) Scott (SC) Coble Lee (CA) DeGette Matsui Tierney Scott (VA) NOT VOTING—11 Coffman (CO) Levin Deutch McClintock Tonko Scott, David Cohen Lewis (GA) Boustany Giffords McCarthy (NY) Dicks McCollum Towns Sensenbrenner Connolly (VA) Lipinski Cantor Hastings (WA) Olver Dingell McDermott Tsongas Serrano Conyers Loebsack Filner Jackson (IL) Payne Doggett McGovern Van Hollen Sessions Cooper Lofgren, Zoe Flake Long Donnelly (IN) McIntyre Vela´ zquez Costa Lowey Sherman Doyle McNerney Visclosky Costello Luja´ n Shuler b 1344 Duncan (TN) Meeks Walz (MN) Courtney Lummis Sires Edwards Miller (NC) Wasserman Cravaack Lungren, Daniel Slaughter Mr. GRIFFIN of Arkansas and Mr. Ellison Miller, George Schultz Crowley E. Smith (NJ) ROONEY changed their vote from Eshoo Moore Waters Cuellar Lynch Smith (TX) ‘‘aye’’ to ‘‘no.’’ Farr Moran Watt Smith (WA) Davis (CA) Mack Ms. HAYWORTH, Mr. RICHMOND, Fattah Mulvaney Waxman DeFazio Maloney Southerland Frank (MA) Nadler Weiner DeLauro Manzullo Speier Mr. GARRETT, and Ms. WATERS Fudge Napolitano Welch Deutch Marchant Stark changed their vote from ‘‘no’’ to ‘‘aye.’’ Garamendi Neal Wilson (FL) Dicks Markey Stearns So the amendment was agreed to. Gonzalez Owens Woolsey Dingell Matheson Stivers Green, Al Pallone Wu Doggett Matsui Stutzman The result of the vote was announced Green, Gene Pascrell Yarmuth Donnelly (IN) McCarthy (CA) Sullivan as above recorded. Duffy McClintock Sutton Stated for: NOES—241 Thompson (CA) Duncan (SC) McCollum Adams Burton (IN) Dreier Thompson (MS) Mr. FILNER. Mr. Chair, on rollcall 367, I was Duncan (TN) McCotter Aderholt Calvert Duffy Tiberi away from the Capital region attending the Edwards McDermott Akin Camp Duncan (SC) Tierney Ellison McGovern Civil Rights Freedom Riders’ 50th Anniversary Alexander Canseco Ellmers Tonko Ellmers McHenry Celebration. Had I been present, I would have Altmire Capito Emerson Emerson McIntyre Upton voted ‘‘aye.’’ Austria Carter Engel Engel McMorris Van Hollen Bachmann Cassidy Farenthold ´ Eshoo Rodgers Velazquez AMENDMENT NO. 63 OFFERED BY MR. ELLISON Bachus Chabot Fincher Farr McNerney Visclosky Barletta Chaffetz Fitzpatrick Fitzpatrick Meehan Walberg The Acting CHAIR. The unfinished business is the demand for a recorded Barrow Coble Fleischmann Frank (MA) Meeks Walden Bartlett Coffman (CO) Fleming Garamendi Mica Walsh (IL) vote on the amendment offered by the Barton (TX) Cole Flores Gardner Michaud Walz (MN) gentleman from Minnesota (Mr. Bass (NH) Conaway Forbes Garrett Miller (MI) Waters ELLISON) on which further proceedings Benishek Connolly (VA) Fortenberry Gibbs Miller (NC) Watt Berg Costello Foxx Gingrey (GA) Miller, George Waxman were postponed and on which the noes Biggert Courtney Franks (AZ) Gonzalez Moore Weiner prevailed by voice vote. Bilbray Cravaack Frelinghuysen Goodlatte Moran Welch Bilirakis Crawford Gallegly Gosar Mulvaney Westmoreland The Clerk will redesignate the amendment. Bishop (UT) Crenshaw Gardner Gowdy Murphy (CT) Wilson (FL) Black Critz Garrett Graves (GA) Nadler Woodall The Clerk redesignated the amend- Blackburn Culberson Gerlach Graves (MO) Napolitano Woolsey ment. Bonner Cummings Gibbs Green, Al Neal Wu Bono Mack Davis (CA) Gibson RECORDED VOTE Green, Gene Nugent Yarmuth Brady (TX) Davis (KY) Gingrey (GA) Griffith (VA) Nunes Yoder The Acting CHAIR. A recorded vote Brooks DeLauro Gohmert Broun (GA) Denham Goodlatte NOES—151 has been demanded. A recorded vote was ordered. Buchanan Dent Gosar Adams Andrews Bachus Bucshon DesJarlais Gowdy Akin Austria Baldwin The Acting CHAIR. This is a 2- Buerkle Diaz-Balart Granger Alexander Bachmann Barletta minute vote. Burgess Dold Graves (GA)

VerDate Mar 15 2010 04:43 May 27, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.067 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3732 CONGRESSIONAL RECORD — HOUSE May 26, 2011 Graves (MO) Marino Rooney [Roll No. 369] Harper McCotter Ross (FL) Griffin (AR) McCarthy (CA) Ros-Lehtinen Harris McHenry Rothman (NJ) Griffith (VA) McCaul Roskam AYES—184 Hartzler McKeon Royce Grimm McCotter Ross (AR) Ackerman Green, Al Pelosi Hayworth McKinley Runyan Guinta McHenry Ross (FL) Amash Green, Gene Perlmutter Heck McMorris Ryan (WI) Guthrie McKeon Runyan Andrews Griffith (VA) Peters Hensarling Rodgers Scalise Hall McKinley Ryan (WI) Baca Grijalva Peterson Herger Meehan Schilling Hanna McMorris Scalise Herrera Beutler Mica Baldwin Hastings (FL) Petri Schmidt Harper Rodgers Schilling Huelskamp Miller (FL) Bass (CA) Heinrich Pingree (ME) Schock Harris Meehan Schmidt Huizenga (MI) Miller (MI) Becerra Higgins Polis Schweikert Hartzler Mica Schock Hultgren Miller, Gary Berkley Himes Price (NC) Scott (SC) Hayworth Michaud Schweikert Berman Hinchey Hunter Mulvaney Scott, Austin Heck Miller (FL) Scott (SC) Quigley Hurt Murphy (PA) Bishop (GA) Hinojosa Rahall Sessions Hensarling Miller (MI) Scott (VA) Bishop (NY) Hirono Issa Myrick Rangel Sewell Herger Miller, Gary Scott, Austin Blumenauer Holden Jenkins Neugebauer Shimkus Himes Murphy (CT) Sensenbrenner Renacci Johnson (IL) Noem Boswell Holt Shuler Holden Murphy (PA) Sessions Reyes Johnson, E. B. Nugent Brady (PA) Honda Shuster Huelskamp Myrick Shimkus Richardson Johnson, Sam Nunes Braley (IA) Hoyer Simpson Hultgren Neugebauer Shuster Richmond Jones Nunnelee Brown (FL) Inslee Smith (NE) Hunter Noem Simpson Roybal-Allard Jordan Olson Butterfield Israel Smith (NJ) Hurt Nugent Smith (NE) Ruppersberger Kaptur Palazzo Capps Jackson Lee Smith (TX) Issa Nunes Smith (NJ) Rush Kelly Paulsen Capuano (TX) Southerland Jenkins Nunnelee Smith (TX) Ryan (OH) King (IA) Pearce Carnahan Johnson (GA) Stearns Johnson (IL) Olson Southerland Sa´ nchez, Linda King (NY) Pence Carney Johnson (OH) Stivers Johnson (OH) Palazzo Stearns T. Kinzinger (IL) Pitts Castor (FL) Keating Stutzman Johnson, Sam Paulsen Stivers Sanchez, Loretta Kissell Platts Chu Kildee Sullivan Jones Pearce Stutzman Cicilline Kind Sarbanes Kline Poe (TX) Terry Jordan Pence Sullivan Clarke (MI) Kingston Schakowsky Labrador Pompeo Thompson (PA) Kaptur Perlmutter Sutton Clarke (NY) Kucinich Schiff Lamborn Posey Thornberry Kelly Petri Terry Clay Langevin Schrader Lance Price (GA) Tiberi King (IA) Pitts Thompson (PA) Cleaver Larsen (WA) Schwartz Landry Quayle Tipton King (NY) Platts Thornberry Clyburn Larson (CT) Lankford Reed Scott (VA) Turner Kinzinger (IL) Poe (TX) Tiberi Cohen Lee (CA) Scott, David Latham Rehberg Kissell Pompeo Tipton LaTourette Walberg Connolly (VA) Levin Sensenbrenner Reichert Kline Posey Turner Latta Ribble Walsh (IL) Conyers Lewis (GA) Serrano Lamborn Price (GA) Upton Lewis (CA) Rigell Webster Cooper Lipinski Sherman Lance Quayle Walberg LoBiondo Rivera West Costello Loebsack Sires Landry Reed Walden Lucas Roby Westmoreland Courtney Lofgren, Zoe Slaughter Lankford Rehberg Walsh (IL) Luetkemeyer Roe (TN) Whitfield Critz Lowey Smith (WA) Larson (CT) Reichert Webster Crowley Luja´ n Lummis Rogers (AL) Wilson (SC) Latham Renacci West Speier Lungren, Daniel Rogers (KY) Wittman Cuellar Lynch Stark LaTourette Ribble Whitfield Cummings Maloney E. Rogers (MI) Wolf Latta Rigell Wilson (SC) Sutton Mack Rohrabacher Womack Davis (CA) Markey Thompson (CA) Lewis (CA) Rivera Wittman Davis (IL) Matheson Manzullo Rokita Woodall Thompson (MS) LoBiondo Roby Wolf DeFazio Matsui Marchant Rooney Yoder Tierney Lucas Roe (TN) Womack DeGette McClintock Marino Ros-Lehtinen Young (AK) Tonko Luetkemeyer Rogers (AL) Woodall DeLauro McCollum McCarthy (CA) Roskam Young (FL) Towns Lungren, Daniel Rogers (KY) Yoder Deutch McDermott McCaul Ross (AR) Young (IN) E. Rogers (MI) Young (AK) Tsongas Dicks McGovern NOT VOTING—13 Mack Rohrabacher Young (FL) Dingell McIntyre Upton Manzullo Rokita Young (IN) Doggett McNerney Van Hollen Boustany Giffords McCarthy (NY) Vela´ zquez NOT VOTING—14 Doyle Meeks Brady (TX) Gutierrez Olver Duncan (TN) Michaud Visclosky Cantor Hastings (WA) Payne Bishop (GA) Giffords McCarthy (NY) Edwards Miller (NC) Walden Filner Jackson (IL) Boustany Hastings (WA) Olver Ellison Miller, George Walz (MN) Flake Long Cantor Jackson (IL) Payne Emerson Moore Wasserman Filner Long Westmoreland Engel Moran Schultz b 1350 Flake Marchant Eshoo Murphy (CT) Waters Mrs. SCHMIDT changed her vote Farr Nadler Watt b 1347 Fattah Napolitano Waxman from ‘‘aye’’ to ‘‘no.’’ So the amendment was rejected. Frank (MA) Neal Weiner So the amendment was rejected. The result of the vote was announced Fudge Owens Welch The result of the vote was announced Garamendi Pallone Wilson (FL) as above recorded. as above recorded. Gonzalez Pascrell Woolsey Stated for: Goodlatte Pastor (AZ) Wu Stated for: Mr. FILNER. Mr. Chair, on rollcall 368, I was Graves (GA) Paul Yarmuth Mr. FILNER. Mr. Chair, on rolcall 369, I was away from the Capital region attending the away from the Capital region attending the NOES—234 Civil Rights Freedom Riders’ 50th Anniversary Civil Rights Freedom Riders’ 50th Anniversary Adams Calvert Ellmers Celebration. Had I been present, I would have Celebration. Had I been present, I would have Aderholt Camp Farenthold voted ‘‘aye.’’ Akin Campbell Fincher voted ‘‘aye.’’ AMENDMENT NO. 64 OFFERED BY MS. LORETTA Alexander Canseco Fitzpatrick AMENDMENT NO. 111 OFFERED BY MS. JACKSON SANCHEZ OF CALIFORNIA Altmire Capito Fleischmann LEE OF TEXAS Austria Cardoza Fleming The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Bachmann Carson (IN) Flores business is the demand for a recorded Bachus Carter Forbes business is the demand for a recorded vote on the amendment offered by the Barletta Cassidy Fortenberry vote on the amendment offered by the Barrow Chabot Foxx O gentlewoman from Texas (Ms. JACKSON gentlewoman from California (Ms. L - Bartlett Chaffetz Franks (AZ) RETTA SANCHEZ) on which further pro- Barton (TX) Chandler Frelinghuysen LEE) on which further proceedings were ceedings were postponed and on which Bass (NH) Coble Gallegly postponed and on which the ayes pre- the noes prevailed by voice vote. Benishek Coffman (CO) Gardner vailed by voice vote. Berg Cole Garrett The Clerk will redesignate the The Clerk will redesignate the Biggert Conaway Gerlach amendment. Bilbray Costa Gibbs amendment. The Clerk redesignated the amend- Bilirakis Cravaack Gibson The Clerk redesignated the amend- ment. Bishop (UT) Crawford Gingrey (GA) ment. Black Crenshaw Gohmert RECORDED VOTE Blackburn Culberson Gosar RECORDED VOTE The Acting CHAIR. A recorded vote Bonner Davis (KY) Gowdy The Acting CHAIR. A recorded vote has been demanded. Bono Mack Denham Granger has been demanded. Boren Dent Graves (MO) A recorded vote was ordered. Brooks DesJarlais Griffin (AR) A recorded vote was ordered. The Acting CHAIR. This is a 2- Broun (GA) Diaz-Balart Grimm The Acting CHAIR. This will be a 2- minute vote. Buchanan Dold Guinta minute vote. The vote was taken by electronic de- Bucshon Donnelly (IN) Guthrie The vote was taken by electronic de- Buerkle Dreier Hall vice, and there were—ayes 184, noes 234, Burgess Duffy Hanabusa vice, and there were—ayes 419, noes 0, not voting 13, as follows: Burton (IN) Duncan (SC) Hanna not voting 12, as follows:

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.078 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3733 [Roll No. 370] Paul Royce Terry Bachmann Green, Gene Olson Paulsen Runyan Thompson (CA) Baldwin Griffith (VA) Owens AYES—419 Pearce Ruppersberger Thompson (MS) Barletta Grimm Pallone Pelosi Rush Barrow Guinta Pascrell Ackerman DeLauro Johnson (IL) Thompson (PA) Pence Ryan (OH) Bartlett Gutierrez Pastor (AZ) Adams Denham Johnson (OH) Thornberry Perlmutter Ryan (WI) Barton (TX) Hall Paul Aderholt Dent Johnson, E. B. Tiberi Peters Sa´ nchez, Linda Bass (NH) Hanna Paulsen Akin DesJarlais Johnson, Sam Tierney Peterson T. Benishek Hartzler Pearce Alexander Deutch Jones Tipton Petri Sanchez, Loretta Berg Hastings (FL) Pelosi Altmire Diaz-Balart Jordan Tonko Pingree (ME) Sarbanes Berkley Hayworth Pence Amash Dicks Kaptur Towns Pitts Scalise Berman Heinrich Peters Andrews Dingell Keating Tsongas Platts Schakowsky Bilbray Herger Peterson Austria Doggett Kelly Turner Poe (TX) Schiff Bilirakis Higgins Petri Baca Dold Kildee Upton Polis Schilling Bishop (NY) Himes Pingree (ME) Bachmann Donnelly (IN) Kind Van Hollen Pompeo Schmidt Bishop (UT) Hinchey Pitts Bachus Doyle King (IA) ´ Posey Schock Velazquez Blumenauer Hinojosa Platts Baldwin Dreier King (NY) Price (GA) Schrader Visclosky Boren Hirono Poe (TX) Barletta Duffy Kingston Price (NC) Schwartz Walberg Boswell Holden Polis Barrow Duncan (SC) Kinzinger (IL) Quayle Schweikert Walden Brady (PA) Holt Pompeo Bartlett Duncan (TN) Kissell Quigley Scott (SC) Walsh (IL) Braley (IA) Honda Price (GA) Barton (TX) Edwards Kline Rahall Scott (VA) Walz (MN) Brown (FL) Hoyer Price (NC) Bass (CA) Ellison Kucinich Rangel Scott, Austin Wasserman Bass (NH) Ellmers Labrador Buchanan Huizenga (MI) Quigley Reed Scott, David Schultz Bucshon Hultgren Rahall Becerra Emerson Lamborn Rehberg Sensenbrenner Waters Benishek Engel Lance Buerkle Hunter Rangel Reichert Serrano Watt Berg Eshoo Landry Burgess Hurt Reichert Renacci Sessions Waxman Berkley Farenthold Langevin Camp Inslee Renacci Reyes Sewell Webster Berman Farr Lankford Canseco Israel Reyes Ribble Sherman Weiner Biggert Fattah Larsen (WA) Capps Issa Ribble Richardson Shimkus Welch Capuano Jackson Lee Richardson Bilbray Fincher Larson (CT) Richmond Shuler Bilirakis Fitzpatrick Latham West Carnahan (TX) Rigell Rigell Shuster Westmoreland Carney Jenkins Rogers (MI) Bishop (GA) Fleischmann LaTourette Rivera Simpson Whitfield Carson (IN) Johnson (GA) Rohrabacher Bishop (NY) Fleming Latta Roby Sires Wilson (FL) Carter Johnson (IL) Rokita Bishop (UT) Flores Lee (CA) Roe (TN) Slaughter Wilson (SC) Castor (FL) Johnson (OH) Roskam Black Forbes Levin Rogers (AL) Smith (NE) Chabot Johnson, Sam Ross (AR) Blackburn Fortenberry Lewis (CA) Rogers (KY) Smith (NJ) Wittman Chaffetz Jones Rothman (NJ) Blumenauer Foxx Lewis (GA) Rogers (MI) Smith (TX) Wolf Chandler Jordan Royce Bonner Frank (MA) Lipinski Rohrabacher Smith (WA) Womack Chu Kaptur Ryan (OH) Bono Mack Franks (AZ) LoBiondo Rokita Southerland Woodall Clarke (MI) Kelly Ryan (WI) Boren Frelinghuysen Loebsack Rooney Speier Woolsey Clarke (NY) Kildee Sa´ nchez, Linda Boswell Fudge Lofgren, Zoe Ros-Lehtinen Stark Wu Clay King (IA) T. Brady (PA) Gallegly Lowey Roskam Stearns Yarmuth King (NY) Sanchez, Loretta Brady (TX) Garamendi Lucas Ross (AR) Stivers Yoder Cleaver Braley (IA) Gardner Luetkemeyer Ross (FL) Stutzman Young (AK) Coble Kingston Schakowsky Brooks Garrett Luja´ n Rothman (NJ) Sullivan Young (FL) Cohen Kissell Schiff Broun (GA) Gerlach Lummis Roybal-Allard Sutton Young (IN) Cole Kucinich Schilling Brown (FL) Gibbs Lungren, Daniel Conaway Lamborn Schmidt Buchanan Gibson E. NOT VOTING—12 Connolly (VA) Lance Schock Conyers Langevin Schrader Bucshon Gingrey (GA) Lynch Boustany Flake Long Costa Lankford Schwartz Buerkle Gohmert Mack Cantor Giffords McCarthy (NY) Costello Larsen (WA) Schweikert Burgess Gonzalez Maloney Conyers Hastings (WA) Olver Courtney Larson (CT) Scott (VA) Burton (IN) Goodlatte Manzullo Filner Jackson (IL) Payne Butterfield Gosar Marchant Cravaack Latham Sensenbrenner Calvert Gowdy Marino Critz LaTourette Sessions Camp Granger Markey b 1354 Crowley Latta Sherman Campbell Graves (GA) Matheson Cuellar Levin Shimkus Canseco Graves (MO) Matsui So the amendment was agreed to. Culberson Lewis (GA) Shuler Capito Green, Al McCarthy (CA) The result of the vote was announced Cummings Lipinski Shuster Capps Green, Gene McCaul as above recorded. Davis (CA) LoBiondo Simpson Capuano Griffin (AR) McClintock Davis (IL) Loebsack Sires Cardoza Griffith (VA) McCollum Stated for: Davis (KY) Lofgren, Zoe Slaughter Carnahan Grijalva McCotter Mr. FILNER. Mr. Chair, on rollcall 370, I was DeFazio Lowey Smith (NJ) Carney Grimm McDermott away from the Capital region attending the DeLauro Lucas Smith (TX) Carson (IN) Guinta McGovern Dent Luja´ n Smith (WA) Carter Guthrie McHenry Civil Rights Freedom Riders’ 50th Anniversary Deutch Lummis Speier Cassidy Gutierrez McIntyre Celebration. Had I been present, I would have Diaz-Balart Lynch Stark Castor (FL) Hall McKeon voted ‘‘aye.’’ Dicks Maloney Stearns Chabot Hanabusa McKinley Dingell Manzullo Stivers Chaffetz Hanna McMorris AMENDMENT NO. 148 OFFERED BY MR. TURNER Donnelly (IN) Marchant Stutzman Chandler Harper Rodgers The Acting CHAIR. The unfinished Doyle Marino Sullivan Chu Harris McNerney business is the demand for a recorded Dreier Markey Sutton Cicilline Hartzler Meehan Duffy Matheson Thompson (CA) Clarke (MI) Hastings (FL) Meeks vote on the amendment offered by the Duncan (SC) Matsui Thompson (PA) Clarke (NY) Hayworth Mica gentleman from Ohio (Mr. TURNER) on Edwards McClintock Thornberry Clay Heck Michaud which further proceedings were post- Ellison McCollum Tiberi Cleaver Heinrich Miller (FL) poned and on which the ayes prevailed Emerson McCotter Tierney Clyburn Hensarling Miller (MI) Engel McDermott Tonko Coble Herger Miller (NC) by voice vote. Eshoo McGovern Tsongas Coffman (CO) Herrera Beutler Miller, Gary The Clerk will redesignate the Fattah McIntyre Turner Cohen Higgins Miller, George amendment. Fitzpatrick McKeon Upton Cole Himes Moore Fleischmann McNerney Van Hollen Conaway Hinchey Moran The Clerk redesignated the amend- Flores Meehan Visclosky Connolly (VA) Hinojosa Mulvaney ment. Forbes Meeks Walberg Cooper Hirono Murphy (CT) RECORDED VOTE Foxx Mica Walsh (IL) Costa Holden Murphy (PA) Franks (AZ) Michaud Walz (MN) Costello Holt Myrick The Acting CHAIR. A recorded vote Frelinghuysen Miller (FL) Wasserman Courtney Honda Nadler has been demanded. Fudge Miller (MI) Schultz Cravaack Hoyer Napolitano A recorded vote was ordered. Gallegly Miller (NC) Waters Crawford Huelskamp Neal Garamendi Miller, Gary Watt Crenshaw Huizenga (MI) Neugebauer The Acting CHAIR. This is a 2- Garrett Miller, George Waxman Critz Hultgren Noem minute vote. Gerlach Moore Webster Crowley Hunter Nugent The vote was taken by electronic de- Gibbs Moran Weiner Cuellar Hurt Nunes vice, and there were—ayes 300, noes 120, Gibson Mulvaney Welch Culberson Inslee Nunnelee Gonzalez Murphy (CT) Wilson (SC) Cummings Israel Olson not voting 11, as follows: Goodlatte Murphy (PA) Wittman Davis (CA) Issa Owens [Roll No. 371] Gosar Myrick Wolf Davis (IL) Jackson Lee Palazzo Gowdy Nadler Woolsey Davis (KY) (TX) Pallone AYES—300 Granger Neal Wu DeFazio Jenkins Pascrell Ackerman Altmire Austria Graves (MO) Neugebauer Yarmuth DeGette Johnson (GA) Pastor (AZ) Akin Andrews Baca Green, Al Nunes Young (IN)

VerDate Mar 15 2010 05:38 May 27, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.095 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3734 CONGRESSIONAL RECORD — HOUSE May 26, 2011 NOES—120 Bishop (UT) Harper Pearce Hinojosa Meeks Schwartz Black Harris Pence Hirono Michaud Scott (VA) Adams Frank (MA) Quayle Blackburn Hartzler Petri Holden Miller (NC) Scott, David Aderholt Gardner Reed Bonner Hensarling Pitts Holt Miller, George Serrano Alexander Gingrey (GA) Rehberg Bono Mack Herger Platts Honda Moore Sewell Amash Gohmert Richmond Boren Herrera Beutler Poe (TX) Hoyer Moran Bachus Graves (GA) Sherman Rivera Brady (TX) Huelskamp Pompeo Inslee Murphy (CT) Bass (CA) Griffin (AR) Shuler Roby Brooks Huizenga (MI) Posey Israel Nadler Becerra Grijalva Sires Roe (TN) Broun (GA) Hultgren Price (GA) Jackson Lee Napolitano Biggert Guthrie Slaughter Rogers (AL) Buchanan Hunter Quayle (TX) Neal Bishop (GA) Hanabusa Smith (NJ) Rogers (KY) Bucshon Hurt Reed Johnson (GA) Pallone Black Harper Smith (WA) Rooney Buerkle Issa Rehberg Johnson, E. B. Pascrell Blackburn Harris Speier Ros-Lehtinen Burgess Jenkins Reichert Jones Pastor (AZ) Bonner Heck Stark Ross (FL) Burton (IN) Johnson (IL) Renacci Kaptur Pelosi Bono Mack Hensarling Sutton Roybal-Allard Calvert Johnson (OH) Ribble Keating Perlmutter Brady (TX) Herrera Beutler Thompson (CA) Runyan Camp Johnson, Sam Rigell Kildee Peters Brooks Huelskamp Thompson (MS) Ruppersberger Campbell Jordan Rivera Kinzinger (IL) Peterson Broun (GA) Johnson, E. B. Thornberry Rush Canseco Kelly Roby Kissell Pingree (ME) Burton (IN) Keating Tierney Sarbanes Capito Kind Roe (TN) Kucinich Polis Butterfield Kind Tonko Scalise Carter King (IA) Rogers (AL) Langevin Price (NC) Calvert Kinzinger (IL) Towns Scott (SC) Cassidy King (NY) Rogers (KY) Larsen (WA) Quigley Campbell Kline Tsongas Scott, Austin Chabot Kingston Rogers (MI) Larson (CT) Rahall Capito Labrador Van Hollen Chaffetz Kline Rohrabacher LaTourette Rangel Cardoza Landry Scott, David ´ Coble Labrador Rokita Lee (CA) Reyes Velazquez Cassidy Lee (CA) Serrano Coffman (CO) Lamborn Rooney Levin Richardson Visclosky Cicilline Lewis (CA) Sewell Conaway Lance Ros-Lehtinen Lewis (GA) Richmond Walz (MN) Clyburn Luetkemeyer Smith (NE) Cooper Landry Roskam Lipinski Rothman (NJ) Wasserman Coffman (CO) Lungren, Daniel Southerland Cravaack Lankford Ross (AR) Loebsack Roybal-Allard Schultz Cooper E. Terry Crawford Latham Ross (FL) Lofgren, Zoe Ruppersberger Waters Crawford Mack Thompson (MS) Crenshaw Latta Royce Lowey Rush Watt Crenshaw McCarthy (CA) Tipton Culberson Lewis (CA) Runyan Luja´ n Ryan (OH) Waxman DeGette McCaul Towns Denham LoBiondo Scalise Lynch Ryan (WI) Weiner Denham McHenry Vela´ zquez DesJarlais Lucas Schilling Maloney Sa´ nchez, Linda Welch DesJarlais McKinley Walden Dingell Luetkemeyer Schmidt Markey T. Whitfield Doggett McMorris West Dold Lummis Schock Matsui Sanchez, Loretta Wilson (FL) Dold Rodgers Westmoreland Dreier Lungren, Daniel Schweikert McCollum Sarbanes Wolf Duncan (TN) Napolitano Whitfield Duffy E. Scott (SC) McDermott Schakowsky Woolsey Ellmers Noem Wilson (FL) Duncan (SC) Mack Scott, Austin McGovern Schiff Wu Farenthold Nugent Womack Duncan (TN) Manzullo Sensenbrenner McNerney Schrader Yarmuth Farr Nunnelee Woodall Ellmers Marchant Sessions Fincher Palazzo Yoder Emerson Marino Shimkus NOT VOTING—11 Fleming Perlmutter Young (AK) Fincher Matheson Shuster Boustany Giffords McCarthy (NY) Fortenberry Posey Young (FL) Fleischmann McCarthy (CA) Simpson Cantor Hastings (WA) Olver NOT VOTING—11 Fleming McCaul Smith (NE) Filner Jackson (IL) Payne Flores McClintock Smith (TX) Flake Long Boustany Giffords McCarthy (NY) Forbes McCotter Southerland Cantor Hastings (WA) Olver Foxx McHenry Stearns b 1401 Filner Jackson (IL) Payne Franks (AZ) McIntyre Stivers Flake Long Frelinghuysen McKeon Stutzman Mr. ROSS of Arkansas changed his Gallegly McKinley Sullivan vote from ‘‘no’’ to ‘‘aye.’’ b 1357 Gardner McMorris Terry So the amendment was agreed to. So the amendment was agreed to. Garrett Rodgers Thompson (PA) Gerlach Meehan Tiberi The result of the vote was announced The result of the vote was announced Gibbs Mica Tipton as above recorded. as above recorded. Gibson Miller (FL) Turner Stated against: Stated for: Gingrey (GA) Miller (MI) Upton Gohmert Miller, Gary Walberg Mr. FILNER. Mr. Speaker, on rollcall 372, I Mr. FILNER. Mr. Chair, on rollcall 371, I was Goodlatte Mulvaney Walden was away from the Capital region attending away from the Capital region attending the Gosar Murphy (PA) Walsh (IL) the Civil Rights Freedom Riders’ 50th Anniver- Civil Rights Freedom Riders’ 50th Anniversary Gowdy Myrick Webster Graves (GA) Neugebauer West sary Celebration. Had I been present, I would Celebration. Had I been present, I would have Graves (MO) Noem Westmoreland have voted ‘‘no.’’ voted ‘‘aye.’’ Green, Gene Nugent Wilson (SC) AMENDMENT NO. 55 OFFERED BY MR. MCGOVERN AMENDMENT NO. 152 OFFERED BY MR. CRAVAACK Griffin (AR) Nunes Wittman Griffith (VA) Nunnelee Womack The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Grimm Olson Woodall business is the demand for a recorded business is the demand for a recorded Guinta Owens Yoder vote on the amendment offered by the vote on the amendment offered by the Guthrie Palazzo Young (AK) gentleman from Massachusetts (Mr. gentleman from Minnesota (Mr. Hall Paul Young (FL) Hanna Paulsen Young (IN) MCGOVERN) on which further pro- CRAVAACK) on which further pro- ceedings were postponed and on which ceedings were postponed and on which NOES—194 the noes prevailed by voice vote. the ayes prevailed by voice vote. Ackerman Clarke (MI) Donnelly (IN) The Clerk will redesignate the The Clerk will redesignate the Andrews Clarke (NY) Doyle amendment. amendment. Baca Clay Edwards Baldwin Cleaver Ellison The Clerk redesignated the amend- The Clerk redesignated the amend- Barrow Clyburn Engel ment. ment. Bass (CA) Cohen Eshoo RECORDED VOTE RECORDED VOTE Becerra Cole Farenthold Berkley Connolly (VA) Farr The Acting CHAIR. A recorded vote The Acting CHAIR. A recorded vote Berman Conyers Fattah has been demanded. has been demanded. Bishop (GA) Costa Fitzpatrick A recorded vote was ordered. A recorded vote was ordered. Bishop (NY) Costello Fortenberry Blumenauer Courtney Frank (MA) The Acting CHAIR. This will be a 2- The Acting CHAIR. This will be a 2- Boswell Critz Fudge minute vote. minute vote. Brady (PA) Crowley Garamendi The vote was taken by electronic de- The vote was taken by electronic de- Braley (IA) Cuellar Gonzalez vice, and there were—ayes 204, noes 215, vice, and there were—ayes 226, noes 194, Brown (FL) Cummings Granger Butterfield Davis (CA) Green, Al not voting 12, as follows: not voting 11, as follows: Capps Davis (IL) Grijalva [Roll No. 373] [Roll No. 372] Capuano Davis (KY) Gutierrez Cardoza DeFazio Hanabusa AYES—204 AYES—226 Carnahan DeGette Hastings (FL) Ackerman Bass (NH) Boswell Adams Austria Bass (NH) Carney DeLauro Hayworth Amash Becerra Brady (PA) Aderholt Bachmann Benishek Carson (IN) Dent Heck Andrews Berkley Braley (IA) Akin Bachus Berg Castor (FL) Deutch Heinrich Baca Berman Brown (FL) Alexander Barletta Biggert Chandler Diaz-Balart Higgins Baldwin Bishop (GA) Butterfield Altmire Bartlett Bilbray Chu Dicks Himes Bartlett Bishop (NY) Campbell Amash Barton (TX) Bilirakis Cicilline Doggett Hinchey Bass (CA) Blumenauer Capps

VerDate Mar 15 2010 05:38 May 27, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.093 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3735 Capuano Holden Posey King (IA) Murphy (PA) Schmidt ment in the nature of a substitute re- Cardoza Holt Price (NC) King (NY) Myrick Schock ported from the Committee of the Carnahan Honda Quigley Kingston Neugebauer Schweikert Carney Hoyer Rahall Kinzinger (IL) Noem Scott (SC) Whole? Carson (IN) Inslee Rangel Kissell Nunes Scott, Austin If not, the question is on the amend- Castor (FL) Israel Reyes Kline Nunnelee Sensenbrenner ment. Chaffetz Jackson Lee Richardson Lamborn Olson Sessions The amendment was agreed to. Chandler (TX) Richmond Lance Palazzo Shimkus Landry Paulsen The SPEAKER pro tempore. The Chu Johnson (GA) Rigell Shuster Cicilline Johnson (IL) Rohrabacher Lankford Pearce Simpson question is on the engrossment and Clarke (MI) Johnson, E. B. Rokita Latham Pence Smith (NE) third reading of the bill. Clarke (NY) Jones Rothman (NJ) LaTourette Pitts The bill was ordered to be engrossed Clay Kaptur Roybal-Allard Latta Platts Smith (TX) Cleaver Keating Royce Lewis (CA) Poe (TX) Southerland and read a third time, and was read the Clyburn Kildee Rush LoBiondo Pompeo Stivers third time. Coble Kind Ryan (OH) Lucas Price (GA) Stutzman MOTION TO RECOMMIT Cohen Kucinich Sa´ nchez, Linda Luetkemeyer Quayle Sullivan Connolly (VA) Labrador T. Lummis Reed Terry Mr. SCHRADER. Mr. Speaker, I have Conyers Langevin Sanchez, Loretta Lungren, Daniel Rehberg Thompson (PA) a motion to recommit at the desk. Cooper Larsen (WA) Sarbanes E. Reichert Thornberry The SPEAKER pro tempore. Is the Costa Larson (CT) Schakowsky Mack Renacci Tiberi gentleman opposed to the bill? Costello Lee (CA) Schiff Manzullo Ribble Tipton Courtney Levin Schrader Marchant Rivera Turner Mr. SCHRADER. I am in its current Critz Lewis (GA) Schwartz Marino Roby Walberg form. Crowley Lipinski Scott (VA) Matheson Roe (TN) Walden The SPEAKER pro tempore. The Cuellar Loebsack Scott, David McCarthy (CA) Rogers (AL) Webster McCaul Clerk will report the motion to recom- Cummings Lofgren, Zoe Serrano Rogers (KY) West Davis (CA) Lowey Sewell McClintock Rogers (MI) mit. Westmoreland Davis (IL) Luja´ n Sherman McCotter Rooney Wilson (SC) The Clerk read as follows: DeFazio Lynch Shuler McKeon Ros-Lehtinen Wittman Mr. Schrader moves to recommit the bill DeGette Maloney Sires McKinley Roskam DeLauro Markey Slaughter McMorris Ross (AR) Wolf H.R. 1540 to the Committee on Armed Serv- Deutch Matsui Smith (NJ) Rodgers Ross (FL) Womack ices with instructions to report the same Dicks McCollum Smith (WA) Meehan Runyan Woodall back to the House forthwith with the fol- Dingell McDermott Speier Mica Ruppersberger Yoder lowing amendment: Doggett McGovern Stark Miller (FL) Ryan (WI) Young (AK) At the end of subtitle B of title VI, add the Doyle McIntyre Stearns Miller (MI) Scalise Young (FL) following new section: Duncan (TN) McNerney Sutton Miller, Gary Schilling Young (IN) SEC. 617. INCREASE IN MAXIMUM AMOUNT OF Edwards Meeks Thompson (CA) SPECIAL PAY FOR DUTY SUBJECT TO Ellison Michaud Thompson (MS) NOT VOTING—12 HOSTILE FIRE OR IMMINENT DAN- Emerson Miller (NC) Tierney Boustany Hanna McCarthy (NY) GER. Engel Miller, George Tonko Filner Hastings (WA) McHenry Eshoo Moore Towns Flake Jackson (IL) Olver (a) HOSTILE FIRE OR IMMINENT DANGER PAY Farr Moran Tsongas Giffords Long Payne UNDER EXISTING SPECIAL PAY AUTHORITY.— Fattah Mulvaney Upton Section 310(b)(1) of title 37, United States Frank (MA) Murphy (CT) Van Hollen b 1405 Code, is amended by striking ‘‘$225 a month’’ Fudge Nadler Vela´ zquez So the amendment was rejected. and inserting ‘‘$325 a month’’. Garamendi Napolitano Visclosky (b) IMMINENT DANGER PAY UNDER CONSOLI- Garrett Neal Walsh (IL) The result of the vote was announced DATED SPECIAL PAY AUTHORITIES.—Section Gonzalez Nugent Walz (MN) as above recorded. 351(b)(3) of such title is amended by striking Green, Al Owens Wasserman Stated for: ‘‘$250 per month’’ and inserting ‘‘$325 per Green, Gene Pallone Schultz Mr. FILNER. Mr. Chair, on rollcall 373, I was Grijalva Pascrell Waters month’’. Gutierrez Pastor (AZ) Watt away from the Capital region attending the (c) APPLICATION OF AMENDMENTS.—The Hanabusa Paul Waxman Civil Rights Freedom Riders’ 50th Anniversary amendments made by this section shall take Hastings (FL) Pelosi Weiner Celebration. Had I been present, I would have effect on October 1, 2011, and apply with re- Heinrich Perlmutter Welch voted ‘‘aye.’’ spect to months beginning on or after that Higgins Peters Whitfield date. Himes Peterson Wilson (FL) Stated against: Hinchey Petri Woolsey Mr. MCHENRY. Mr. Chair, on rollcall No. The SPEAKER pro tempore. Pursu- Hinojosa Pingree (ME) Wu 373, I was unavoidably detained. Had I been ant to the rule, the gentleman from Or- Hirono Polis Yarmuth present, I would have voted ‘‘no.’’ egon is recognized for 5 minutes in sup- NOES—215 The Acting CHAIR. The question is port of his motion. on the committee amendment in the Mr. SCHRADER. Mr. Speaker, my Adams Carter Gibbs Aderholt Cassidy Gibson nature of a substitute, as amended. colleagues in the House, we have come Akin Chabot Gingrey (GA) The amendment was agreed to. here today to fulfill our constitutional Alexander Coffman (CO) Gohmert The Acting CHAIR. Under the rule, duty and provide for the common de- Altmire Cole Goodlatte Austria Conaway Gosar the Committee rises. fense of this great country. Bachmann Cravaack Gowdy Accordingly, the Committee rose; As we finish consideration of the Na- Bachus Crawford Granger and the Speaker pro tempore (Mr. tional Defense Authorization Act for Barletta Crenshaw Graves (GA) YODER) having assumed the chair, Mr. FY 2012, I believe we have one more Barrow Culberson Graves (MO) Barton (TX) Davis (KY) Griffin (AR) LATOURETTE, Acting Chair of the Com- duty to fulfill. Mr. Speaker, my final Benishek Denham Griffith (VA) mittee of the Whole House on the state amendment to this bill offers an oppor- Berg Dent Grimm of the Union, reported that that Com- tunity for all of us to come together Biggert DesJarlais Guinta mittee, having had under consideration and recognize the supreme sacrifice our Bilbray Diaz-Balart Guthrie Bilirakis Dold Hall the bill (H.R. 1540) to authorize appro- fellow citizens populating our armies Bishop (UT) Donnelly (IN) Harper priations for fiscal year 2012 for mili- and Navy make on our behalf. Black Dreier Harris tary activities of the Department of Regardless of how one feels about the Blackburn Duffy Hartzler Bonner Duncan (SC) Hayworth Defense and for military construction, underlying bill or the mission of our Bono Mack Ellmers Heck to prescribe military personnel troops in Iraq or in Afghanistan, we Boren Farenthold Hensarling strengths for fiscal year 2012, and for can all agree, I hope, on the valor, the Brady (TX) Fincher Herger other purposes, and, pursuant to House sacrifice, that we see in our soldiers, Brooks Fitzpatrick Herrera Beutler Broun (GA) Fleischmann Huelskamp Resolution 276, reported the bill back marines, airmen, and sailors who put Buchanan Fleming Huizenga (MI) to the House with an amendment themselves in harm’s way for our pro- Bucshon Flores Hultgren adopted in the Committee of the tection. They have been sent overseas Buerkle Forbes Hunter Burgess Fortenberry Hurt Whole. to face hostile fire and imminent dan- Burton (IN) Foxx Issa The SPEAKER pro tempore. Under ger to themselves in service to the Con- Calvert Franks (AZ) Jenkins the rule, the previous question is or- stitution of this great United States. Camp Frelinghuysen Johnson (OH) dered. They do an extraordinary job and, I be- Canseco Gallegly Johnson, Sam Cantor Gardner Jordan Is a separate vote demanded on any lieve, are deserving of our utmost sup- Capito Gerlach Kelly amendment to the committee amend- port.

VerDate Mar 15 2010 05:38 May 27, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.082 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3736 CONGRESSIONAL RECORD — HOUSE May 26, 2011 My amendment proposes an addi- at this time and on this very important Hinojosa McNerney Schakowsky tional authorization for an increase in bill is poor form and smacks of pure Hirono Meeks Schiff Holden Michaud Schrader combat pay for troops deployed in the politics. It pains me that after such an Holt Miller (NC) Schwartz field to be added to the underlying bill. effort on our part to work across the Honda Miller, George Scott (VA) In the coming months, we are going to aisle, the Democrats have offered this Inslee Moore Scott, David debate appropriations for FY 2012 and motion. I fail to see where there’s not Israel Moran Serrano Jackson Lee Murphy (CT) Sewell beyond. I hope this body will engage in been ample time and opportunity for (TX) Nadler Sherman a successful debate to put the United input, discussion, debate, and resolu- Johnson (GA) Napolitano Shuler States on a fiscally responsible path, tion prior to this moment. I am dis- Johnson, E. B. Neal Sires Jones Owens but budgets should not be balanced on mayed that they would deem it nec- Slaughter Kaptur Pallone Smith (WA) the backs of our troops. essary and prudent to play politics Keating Pascrell Speier Our fiscal situation is well-known to with this very important bill. Kildee Pastor (AZ) Stark Kind Pelosi Sutton each and every Member of this body. I need not remind all here that we’re Kissell Perlmutter Thompson (CA) a Nation at war with troops in harm’s Kucinich Peters b 1410 Thompson (MS) Langevin Peterson way in combat every day fighting for Tierney We all know the task before us will Larsen (WA) Pingree (ME) our security and the future of our Na- Tonko be very, very difficult. We know that Larson (CT) Polis tion. Lee (CA) Price (NC) Towns fiscal decisions we make in the coming During full committee markup, a Levin Quigley Tsongas months will determine our ability to Lewis (GA) Rahall Van Hollen total of 281 amendments were filed ´ provide for the defense and security of Lipinski Rangel Velazquez with 224 adopted. This compares to 172 Visclosky the United States. And without ques- Loebsack Reyes filed and 137 adopted the year before. Lofgren, Zoe Richardson Walz (MN) tion, the Federal deficit and national This process, throughout, has been Lowey Richmond Wasserman ´ Schultz debt are national security concerns. historically collaborative and resulted Lujan Ross (AR) This issue before us at this moment Lynch Rothman (NJ) Waters in the legislation being passed over- Maloney Roybal-Allard Watt does not go against that recognition. whelmingly 60–1 out of committee. We Markey Ruppersberger Waxman This body has already recognized the had all kinds of time to bring an Matheson Rush Weiner Matsui Ryan (OH) Welch need to look at defense and security amendment that would be helpful like spending in order to meet fiscal objec- McCollum Sa´ nchez, Linda Wilson (FL) this, then they bring this one. There’s McDermott T. Woolsey tives. I believe we can find enough sav- no offset. This would just put us again McGovern Sanchez, Loretta Wu ings within the Department of Defense above the allocation from the chair- McIntyre Sarbanes Yarmuth to make a few necessary reinvestments man. This is really more Democrat in- NOES—233 like this. If we do our job well enough creasing spending. Adams Farenthold Lance this summer, my amendment will I oppose this motion and ask my col- allow us to put a small portion of the Aderholt Fincher Landry leagues to stand with me. Alexander Fitzpatrick Lankford savings we find into an increase in the The SPEAKER pro tempore. Without Amash Fleischmann Latham maximum amount of special pay we Austria Fleming LaTourette objection, the previous question is or- make available to our troops facing Bachmann Flores Latta dered on the motion to recommit. Bachus Forbes Lewis (CA) hostile fire or imminent danger in 2012 There was no objection. Barletta Fortenberry LoBiondo by a mere $100 a month. Bartlett Foxx Lucas The SPEAKER pro tempore. The I have the distinct honor of rep- Barton (TX) Franks (AZ) Luetkemeyer question is on the motion to recommit. resenting thousands of Oregon Na- Bass (NH) Frelinghuysen Lummis The question was taken; and the Benishek Gallegly Lungren, Daniel tional Guard troops and veterans who Speaker pro tempore announced that Berg Gardner E. serve bravely in Iraq and Afghanistan. Biggert Garrett Mack the noes appeared to have it. They have left their families and their Bilbray Gerlach Manzullo RECORDED VOTE Bilirakis Gibbs Marchant jobs to face death, injury, and combat. Bishop (UT) Gibson Marino They deserve our support. Mr. SCHRADER. Mr. Speaker, I de- Black Gingrey (GA) McCarthy (CA) Current compensation levels for spe- mand a recorded vote. Blackburn Gohmert McCaul cial combat pay were set back in 2003. A recorded vote was ordered. Bonner Goodlatte McClintock Bono Mack Gosar McCotter This was before ‘‘insurgency’’ and The SPEAKER pro tempore. Pursu- Brady (TX) Gowdy McHenry ‘‘IEDs’’ were commonly understood ant to clause 9 of rule XX, the Chair Brooks Granger McKeon terms. For 10 years, we have asked men will reduce to 5 minutes the minimum Broun (GA) Graves (GA) McKinley time for any electronic vote on the Buchanan Graves (MO) McMorris and women of our Armed Forces to face Bucshon Griffin (AR) Rodgers great danger. It’s time we provide them question of passage. Buerkle Griffith (VA) Meehan with more for the risks they’re willing The vote was taken by electronic de- Burgess Grimm Mica to take on all our behalves. vice, and there were—ayes 185, noes 233, Burton (IN) Guinta Miller (FL) Calvert Guthrie Miller (MI) Voting ‘‘yes’’ for this final amend- not voting 13, as follows: Camp Hall Miller, Gary ment will not change the fate of the [Roll No. 374] Campbell Hanna Mulvaney underlying bill or increase Federal Canseco Harper Murphy (PA) AYES—185 Cantor Harris Myrick spending. It simply offers us all the op- Ackerman Castor (FL) Deutch Capito Hartzler Neugebauer tion of giving ourselves a chance to do Altmire Chandler Dicks Carter Hayworth Noem the right thing and support our troops. Andrews Chu Dingell Cassidy Heck Nugent I urge a ‘‘yes’’ vote on this final Baca Cicilline Doggett Chabot Hensarling Nunes Baldwin Clarke (MI) Donnelly (IN) Chaffetz Herger Nunnelee amendment to the National Defense Barrow Clarke (NY) Doyle Coble Herrera Beutler Olson Authorization Act for 2012. Bass (CA) Clay Edwards Coffman (CO) Huelskamp Palazzo I yield back the balance of my time. Becerra Cleaver Ellison Cole Huizenga (MI) Paul Berkley Clyburn Engel Conaway Hultgren Paulsen Mr. MCKEON. Mr. Speaker, I rise in Berman Cohen Eshoo Cravaack Hunter Pearce opposition to the motion to recommit. Bishop (GA) Connolly (VA) Farr Crawford Hurt Pence The SPEAKER pro tempore. The gen- Bishop (NY) Conyers Fattah Crenshaw Issa Petri tleman from California is recognized Blumenauer Cooper Frank (MA) Culberson Jenkins Pitts Boren Costa Fudge Davis (KY) Johnson (IL) Platts for 5 minutes. Boswell Costello Gonzalez Denham Johnson (OH) Poe (TX) Mr. MCKEON. Mr. Speaker, I rise in Brady (PA) Courtney Green, Al Dent Johnson, Sam Pompeo opposition to the motion to recommit Braley (IA) Critz Green, Gene DesJarlais Jordan Posey Brown (FL) Crowley Grijalva Diaz-Balart Kelly Price (GA) on H.R. 1540, the National Defense Au- Butterfield Cuellar Gutierrez Dold King (IA) Quayle thorization Act for Fiscal Year 2012. Capps Cummings Hanabusa Dreier King (NY) Reed The authorizing language we have be- Capuano Davis (CA) Hastings (FL) Duffy Kingston Rehberg fore us is a result of extensive bipar- Cardoza Davis (IL) Heinrich Duncan (SC) Kinzinger (IL) Reichert Carnahan DeFazio Higgins Duncan (TN) Kline Renacci tisan collaboration and unprecedented Carney DeGette Himes Ellmers Labrador Ribble transparency, and to offer this motion Carson (IN) DeLauro Hinchey Emerson Lamborn Rigell

VerDate Mar 15 2010 05:38 May 27, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.102 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3737 Rivera Scott (SC) Turner Cuellar Johnson, Sam Reichert Fudge McDermott Schakowsky Roby Scott, Austin Upton Culberson Jones Renacci Grijalva McGovern Schrader Roe (TN) Sensenbrenner Walberg Cummings Jordan Reyes Gutierrez Michaud Serrano Rogers (AL) Sessions Walden Davis (CA) Kaptur Ribble Himes Miller, George Sherman Rogers (KY) Shimkus Walsh (IL) Davis (KY) Kelly Richardson Hinchey Moore Slaughter Rogers (MI) Shuster Webster Denham Kildee Rigell Hirono Murphy (CT) Speier Rohrabacher Simpson West Dent Kind Rivera Holt Nadler Stark Rokita Smith (NE) Westmoreland DesJarlais King (IA) Roby Honda Napolitano Thompson (CA) Rooney Smith (NJ) Keating Neal Thompson (MS) Whitfield Deutch King (NY) Roe (TN) Ros-Lehtinen Smith (TX) Diaz-Balart Kingston Rogers (AL) Kucinich Pallone Tierney Wilson (SC) Roskam Southerland Dicks Kinzinger (IL) Rogers (KY) Larson (CT) Pastor (AZ) Tonko Wittman Ross (FL) Stearns Dingell Kissell Rogers (MI) Lee (CA) Paul Van Hollen Wolf Royce Stivers Doggett Kline Rohrabacher Lewis (GA) Pingree (ME) Vela´ zquez Runyan Stutzman Womack Dold Labrador Rokita Lofgren, Zoe Polis Waters Ryan (WI) Sullivan Woodall Donnelly (IN) Lamborn Rooney Luja´ n Price (NC) Watt Scalise Terry Yoder Dreier Lance Ros-Lehtinen Lynch Quigley Waxman Schilling Thompson (PA) Young (AK) Duffy Landry Roskam Maloney Rangel Weiner Schmidt Thornberry Young (FL) Duncan (SC) Langevin Ross (AR) Markey Richmond Welch Schock Tiberi Young (IN) Ellmers Lankford Ross (FL) Matsui Roybal-Allard Woolsey Schweikert Tipton Emerson Larsen (WA) Rothman (NJ) McClintock Rush Wu Engel Latham Royce McCollum Sarbanes Yarmuth NOT VOTING—13 Farenthold LaTourette Runyan Akin Giffords McCarthy (NY) Fincher Latta Ruppersberger NOT VOTING—13 Boustany Hastings (WA) Olver Fitzpatrick Levin Ryan (OH) Boustany Hastings (WA) Olver Filner Hoyer Payne Fleischmann Lewis (CA) Ryan (WI) Filner Jackson (IL) Payne Flake Jackson (IL) Fleming Lipinski Sa´ nchez, Linda Flake Long Shimkus Garamendi Long Flores LoBiondo T. Garamendi McCarthy (NY) Forbes Loebsack Sanchez, Loretta Giffords Myrick ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Fortenberry Lowey Scalise Foxx Lucas Schiff The SPEAKER pro tempore (during b 1440 the vote). The Chair notes a disturb- Franks (AZ) Luetkemeyer Schilling Frelinghuysen Lummis Schmidt So the bill was passed. ance in the gallery in violation of the Gallegly Lungren, Daniel Schock rules of the House. The Sergeant at Gardner E. Schwartz The result of the vote was announced Arms is directed to restore order. Garrett Mack Schweikert as above recorded. Gerlach Manzullo Scott (SC) The title was amended so as to read: Gibbs Marchant Scott (VA) b 1433 Gibson Marino Scott, Austin ‘‘A bill to authorize appropriations for Gingrey (GA) Matheson Scott, David fiscal year 2012 for military activities Ms. HAYWORTH and Mr. YOUNG of Gohmert McCarthy (CA) Sensenbrenner of the Department of Defense, for mili- Florida changed their vote from ‘‘aye’’ Gonzalez McCaul Sessions tary construction, and for defense ac- Goodlatte McCotter Sewell to ‘‘no.’’ tivities of the Department of Energy, So the motion to recommit was re- Gosar McHenry Shuler Gowdy McIntyre Shuster to prescribe military personnel jected. Granger McKeon Simpson strengths for such fiscal year, and for The result of the vote was announced Graves (GA) McKinley Sires other purposes.’’. as above recorded. Graves (MO) McMorris Smith (NE) Green, Al Rodgers Smith (NJ) A motion to reconsider was laid on Stated for: Green, Gene McNerney Smith (TX) the table. Mr. FILNER. Mr. Chair, on rollcall 374, I was Griffin (AR) Meehan Smith (WA) Stated against: Griffith (VA) Meeks Southerland away from the Capital region attending the Mr. FILNER. Mr. Chair, on rollcall 375, I was Civil Rights Freedom Riders’ 50th Anniversary Grimm Mica Stearns Guinta Miller (FL) Stivers away from the Capital region attending the Celebration. Had I been present, I would have Guthrie Miller (MI) Stutzman Civil Rights Freedom Riders’ 50th Anniversary Hall Miller (NC) voted ‘‘aye.’’ Sullivan Celebration. Had I been present, I would have The SPEAKER pro tempore. The Hanabusa Miller, Gary Sutton Hanna Moran voted ‘‘no.’’ question is on the passage of the bill. Terry Harper Mulvaney Thompson (PA) Mr. GARAMENDI. Mr. Speaker, I voice my The question was taken; and the Harris Murphy (PA) Thornberry strong opposition to the National Defense Au- Speaker pro tempore announced that Hartzler Neugebauer Tiberi thorization Act (NDAA) for Fiscal Year 2012, the ayes appeared to have it. Hastings (FL) Noem Tipton Hayworth Nugent Towns H.R. 1540. Unfortunately during a busy legis- RECORDED VOTE Heck Nunes Tsongas lative day, I missed the roll call for this impor- Mr. MCKEON. Mr. Speaker, I demand Heinrich Nunnelee Turner Hensarling Olson Upton tant bill, which passed the House of Rep- a recorded vote. Herger Owens Visclosky resentatives today. Had I been present on the A recorded vote was ordered. Herrera Beutler Palazzo Walberg House Floor, I would have cast a ‘‘no’’ vote on The SPEAKER pro tempore. This is a Higgins Pascrell Walden the legislation. 5-minute vote. Hinojosa Paulsen Walsh (IL) Holden Pearce Walz (MN) The vote was taken by electronic de- Hoyer Pelosi Wasserman f vice, and there were—ayes 322, noes 96, Huelskamp Pence Schultz not voting 13, as follows: Huizenga (MI) Perlmutter Webster PERSONAL EXPLANATION Hultgren Peters West [Roll No. 375] Hunter Peterson Westmoreland Mr. BOUSTANY. Mr. Speaker, I was unable AYES—322 Hurt Petri Whitfield Inslee Pitts Wilson (FL) to vote cast my vote on rollcall 374 and rollcall Adams Bishop (UT) Cardoza Israel Platts Wilson (SC) 375. Had I cast my vote, I would have voted Aderholt Black Carnahan Issa Poe (TX) Wittman ‘‘nay’’ for rollcall 374 and ‘‘yea’’ for rollcall 375. Akin Blackburn Carney Jackson Lee Pompeo Wolf I am proud to support the men and women of Alexander Bonner Carson (IN) (TX) Posey Womack Altmire Bono Mack Carter Jenkins Price (GA) Woodall the Armed Forces and I appreciate the work of Andrews Boren Cassidy Johnson (GA) Quayle Yoder my colleagues to pass the National Defense Austria Boswell Castor (FL) Johnson (IL) Rahall Young (AK) Authorization Act for Fiscal year 2012 (H.R. Baca Brady (PA) Chabot Johnson (OH) Reed Young (FL) Bachmann Brady (TX) Chandler Johnson, E. B. Rehberg Young (IN) 1540). Bachus Brooks Clarke (NY) Mr. CONYERS. Mr. Speaker, on May 25, Barletta Broun (GA) Coble NOES—96 2011, I inadvertently cast a ‘‘nay’’ vote on the Barrow Brown (FL) Coffman (CO) Bartlett Buchanan Cole Ackerman Chaffetz DeFazio Murphy amendment #25 to H.R. 1540. I am Barton (TX) Bucshon Conaway Amash Chu DeGette very supportive of this amendment and Mr. Bass (NH) Buerkle Connolly (VA) Baldwin Cicilline DeLauro Murphy’s efforts to promote manufacturing and Benishek Burgess Cooper Bass (CA) Clarke (MI) Doyle Berg Burton (IN) Costa Becerra Clay Duncan (TN) a national jobs agenda through our federal Berkley Butterfield Costello Berman Cleaver Edwards contracting procedures. I am pleased the Biggert Calvert Courtney Blumenauer Clyburn Ellison amendment was adopted by the House. Bilbray Camp Cravaack Braley (IA) Cohen Eshoo On May 26, 2011, I was absent and unable Bilirakis Canseco Crawford Campbell Conyers Farr Bishop (GA) Cantor Crenshaw Capps Crowley Fattah to vote on the PATRIOT Act. Had I been Bishop (NY) Capito Critz Capuano Davis (IL) Frank (MA) present; I would have voted ‘‘nay.’’

VerDate Mar 15 2010 05:38 May 27, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\A26MY7.089 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3738 CONGRESSIONAL RECORD — HOUSE May 26, 2011 AUTHORIZING THE CLERK TO the Secretary of the Senate on May 26, 2011 The SPEAKER pro tempore. Is there MAKE CORRECTIONS IN EN- at 2:50 p.m.: objection to the request of the gen- GROSSMENT OF H.R. 1540, NA- That the Senate passed S. 1082. tleman from California? TIONAL DEFENSE AUTHORIZA- That the Senate agreed to S. Con. Res. 13. There was no objection. Appointments: TION ACT FOR FISCAL YEAR 2012 Advisory Committee on the Records of f Mr. MCKEON. Mr. Speaker, I ask Congress. PATRIOT SUNSETS EXTENSION unanimous consent that in the engross- With best wishes, I am ACT OF 2011 ment of the bill, H.R. 1540, the Clerk be Sincerely, Mr. DREIER. Mr. Speaker, by direc- authorized to correct section numbers, KAREN L. HAAS. tion of the Committee on Rules, I call punctuation, cross-references, and the f up House Resolution 281 and ask for its table of contents, and to make such COMMUNICATION FROM THE immediate consideration. other technical and conforming CLERK OF THE HOUSE The Clerk read the resolution, as fol- changes as may be necessary to reflect lows: the actions of the House in amending The SPEAKER pro tempore laid be- the bill. fore the House the following commu- H. RES. 281 The SPEAKER pro tempore. Is there nication from the Clerk of the House of Resolved, That upon adoption of this reso- objection to the request of the gen- Representatives: lution, it shall be in order to take from the MAY 26, 2011. Speaker’s table the bill (S. 990) to provide for tleman from California? an additional temporary extension of pro- There was no objection. Hon. JOHN A. BOEHNER, The Speaker, House of Representatives, Wash- grams under the Small Business Act and the f ington, DC. Small Business Investment Act of 1958, and DEAR MR. SPEAKER: Pursuant to the per- for other purposes, with the Senate amend- REMOVAL OF NAME OF MEMBER mission granted in Clause 2(h) of Rule II of ment to the House amendment thereto, and AS COSPONSOR OF H.R. 1380 the Rules of the U.S. House of Representa- to consider in the House, without interven- Mr. GRIFFIN of Arkansas. Mr. tives, the Clerk received the following mes- tion of any point of order, a motion offered Speaker, I ask unanimous consent that sage from the Secretary of the Senate on by the chair of the Committee on the Judici- ary or his designee that the House concur in my name be removed as a cosponsor of May 26, 2011 at 6:25 p.m.: That the Senate concur in House amend- the Senate amendment to the House amend- H.R. 1380. ment with an amendment S. 990. ment. The Senate amendment shall be con- The SPEAKER pro tempore. Is there With best wishes, I am sidered as read. The motion shall be debat- objection to the request of the gen- Sincerely, able for one hour, with 40 minutes equally di- tleman from Arkansas? KAREN L. HAAS. vided and controlled by the chair and rank- There was no objection. ing minority member of the Committee on f the Judiciary and 20 minutes equally divided f REPORT ON H.R. 2017, DEPART- and controlled by the chair and ranking mi- REMOVAL OF NAME OF MEMBER MENT OF HOMELAND SECURITY nority member of the Permanent Select AS COSPONSOR OF H.R. 1380 APPROPRIATIONS BILL, 2012 Committee on Intelligence. The previous question shall be considered as ordered on Mr. THOMPSON of Pennsylvania. Mr. ADERHOLT, from the Com- the motion to final adoption without inter- Mr. Speaker, I ask unanimous consent mittee on Appropriations, submitted a vening motion. to remove my name as a cosponsor of privileged report (Rept. No. 112–91) on The SPEAKER pro tempore. The gen- H.R. 1380. the bill (H.R. 2017) making appropria- tleman from California is recognized The SPEAKER pro tempore. Is there tions for the Department of Homeland for 1 hour. objection to the request of the gen- Security for the fiscal year ending Sep- Mr. DREIER. Mr. Speaker, for the tleman from Pennsylvania? tember 30, 2012, and for other purposes, purpose of debate only, I yield the cus- There was no objection. which was referred to the Union Cal- tomary 30 minutes to my good friend f endar and ordered to be printed. from Boulder, Colorado (Mr. POLIS), The SPEAKER pro tempore. Pursu- pending which I yield myself such time RECESS ant to clause 1, rule XXI, all points of as I may consume. All time yielded is The SPEAKER pro tempore. Pursu- order are reserved on the bill. for the purpose of debate only. ant to clause 12(a) of rule I, the Chair f GENERAL LEAVE declares the House in recess subject to REPORT ON RESOLUTION PRO- Mr. DREIER. I ask unanimous con- the call of the Chair. sent that all Members may have 5 leg- Accordingly (at 2 o’clock and 41 min- VIDING FOR CONSIDERATION OF SENATE AMENDMENT TO HOUSE islative days within which to revise utes p.m.), the House stood in recess and extend their remarks. subject to the call of the Chair. AMENDMENT TO S. 990, PATRIOT SUNSETS EXTENSION ACT OF The SPEAKER pro tempore. Is there f 2011 objection to the request of the gen- tleman from California? b 1845 Mr. DREIER, from the Committee on There was no objection. AFTER RECESS Rules, submitted a privileged report Mr. DREIER. Mr. Speaker, we have (Rept. No. 112–92) on the resolution (H. before us a hard-fought compromise for The recess having expired, the House Res. 281) providing for consideration of was called to order by the Speaker pro a 4-year extension of the Patriot Act. the bill (S. 990) to provide for an addi- We know that there are two priority tempore (Mr. BASS of New Hampshire) tional temporary extension of pro- at 6 o’clock and 45 minutes p.m. items that need to be addressed here: grams under the Small Business Act Number one, ensuring that we do not f and the Small Business Investment Act face another terrorist attack against COMMUNICATION FROM THE of 1958, and for other purposes, which the United States or our interests; and CLERK OF THE HOUSE was referred to the House Calendar and number two—equally important—to ordered to be printed. The SPEAKER pro tempore laid be- preserve the civil liberties and the con- fore the House the following commu- f stitutional protections that the Amer- nication from the Clerk of the House of HOUR OF MEETING ON TOMORROW ican people have. This compromise does just that. Representatives: Mr. DREIER. Mr. Speaker, I ask MAY 26, 2011. unanimous consent that when the b 1850 Hon. JOHN A. BOEHNER, House adjourns today, it adjourn to We had a 3-month extension, the The Speaker, House of Representatives, Wash- meet at 10 a.m. tomorrow; and further, House Judiciary Committee, and spe- ington, DC. ENSENBRENNER DEAR SPEAKER: Pursuant to the permission when the House adjourns on that day, cifically Mr. S ’s sub- granted in Clause 2(h) of Rule II of the Rules it adjourn to meet at noon on Tuesday, committee, had three hearings. We see of the U.S. House of Representatives, the May 31, 2011, for morning-hour debate a bipartisan and bicameral compromise Clerk received the following message from and 2 p.m. for legislative business. before us, and I urge my colleagues to

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.109 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3739 support the rule and the underlying on terror and the defeat of Osama bin The Clerk read as follows: legislation. Laden? Mr. Smith of Texas moves that the House With that, I reserve the balance of My friends on the other side of the concur in the Senate amendment to the my time. aisle say they’re worried about the House amendment to S. 990. Mr. POLIS. I yield myself such time growth of the government. Yet in spite The SPEAKER pro tempore. Pursu- as I may consume. of the rhetoric, this bill grows govern- ant to House Resolution 281, the mo- Mr. Speaker, there has been a major ment and takes away privacy and re- tion shall be debatable for 1 hour, with development in the war on terror in spect for our private lives. This is the 40 minutes equally divided and con- the last few weeks with the successful type of government intrusion which trolled by the chair and ranking minor- defeat of Osama bin Laden, striking a the Bill of Rights was designed to pre- ity member of the Committee on the major blow to al Qaeda. At a time like vent. Judiciary and 20 minutes equally di- this, we should reexamine the restora- The provisions in the Patriot Act vided and controlled by the chair and tion of our constitutional protections. continue to be an affront to our most ranking minority member of the Per- There’s no reason to continually ex- basic liberties as American citizens. I manent Select Committee on Intel- tend these Patriot Act provisions with- urge anyone who’s worried about the ligence. out taking a close look at them. unchecked growth of the State to The gentleman from Texas (Mr. My colleague from Michigan (Mr. think twice about this bill, perhaps SMITH) and the gentleman from New CONYERS) put forward an excellent pro- look at a short-term extension, and York (Mr. NADLER) each will control 20 posal that’s an example of the many have a real discussion of restoring the minutes. The gentleman from Michi- thoughtful bipartisan proposals that balance between individual rights and gan (Mr. ROGERS) and the gentleman would improve the Patriot Act, keep security. I urge a ‘‘no’’ vote on the rule from Maryland (Mr. RUPPERSBERGER) the American people safe, and protect and the underlying bill. each will control 10 minutes. our constitutional rights. Unfortu- I yield back the balance of my time. The Chair recognizes the gentleman Mr. DREIER. Mr. Speaker, I yield nately, discussion of that proposal and from Texas. debate, and a vote on that proposal, is myself such time as I may consume to not allowed under this rule. Therefore, simply say that this is a hard-fought GENERAL LEAVE I’m opposed to the rule and the under- compromise. This is a 4-year extension. Mr. SMITH of Texas. I ask unani- lying bill. We’ve had exhaustive hearings on this mous consent that all Members have 5 Mr. Speaker, this bill would specifi- issue. We need to ensure our security, legislative days to revise and extend cally reauthorize three provisions: sec- number one, and we also need to ensure their remarks and include extraneous tions 215, 206, and 6001 of the Intel- our civil liberties, and I believe that material on S. 990. ligence Reform and Terrorism Preven- this measure does just that. It passed The SPEAKER pro tempore. Is there tion Act. the Senate by a vote of 72–23. I urge my objection to the request of the gen- Section 215 allows the government to colleagues to support the rule and the tleman from Texas? capture any tangible thing that might underlying legislation. There was no objection. be relevant to a terrorist investigation. Mr. Speaker, I yield back the balance Mr. SMITH of Texas. Mr. Speaker, I That could include medical records, of my time, and I move the previous yield myself such time as I may con- your diary, even what books you’ve question on the resolution. sume. checked out at a library. Now, in the The previous question was ordered. Mr. Speaker, 4 months from now, past, these orders were limited to nar- The resolution was agreed to. America will mark the 10-year anniver- row classes of businesses and records, A motion to reconsider was laid on sary of the worst terrorist attack in but the Patriot Act has stripped away the table. U.S. history. Tonight at midnight, these basic requirements and continues Mr. SMITH of Texas. Mr. Speaker, three national security provisions that to violate a basic American principle of pursuant to House Resolution 281, I have helped prevent another 9/11 attack privacy. call up the bill (S. 990) to provide for an will expire. Congress must do its job Section 206, the second provision of additional temporary extension of pro- and approve this legislation to reau- the bill, allows the government to con- grams under the Small Business Act thorize them before time runs out. duct roving wiretaps. This allows the and the Small Business Investment Act Some argue that since we haven’t government to obtain surveillance war- of 1958, and for other purposes, with the had a major terrorist attack since Sep- rants that don’t specify the person or Senate amendment to the House tember 11, we no longer need these the object to be tapped. It could be an amendment thereto, and I have a mo- laws. Others argue that the death of entire neighborhood. So much for the tion at the desk. Osama bin Laden brought an end to al Fourth Amendment of the Constitu- The Clerk read the title of the bill. Qaeda and the war on terror, but both tion, which states that warrants must The SPEAKER pro tempore. The of these claims lack merit. specify the person and place to be Clerk will designate the Senate amend- The Patriot Act provisions continue seized and searched with ‘‘particu- ment to the House amendment. to play a vital role in America’s coun- larity.’’ This is to make sure the execu- The text of the Senate amendment to terterrorism efforts not only to pre- tive branch doesn’t have the unfettered the House amendment is as follows: vent another large-scale attack but powers that this version of the Patriot In lieu of the matter proposed to be in- also to combat an increasing number of Act would continue to give them for 4 serted, insert the following: smaller terrorist plots. years. SECTION 1. SHORT TITLE. Earlier this year, a 20-year-old stu- This Act may be cited as the ‘‘PATRIOT Sun- The final section that would be reau- sets Extension Act of 2011’’. dent from Saudi Arabia was arrested in my home State of Texas for attempting thorized under this bill, section 6001, SEC. 2. SUNSET EXTENSIONS. deals with the ‘‘lone wolf’’ provision. (a) USA PATRIOT IMPROVEMENT AND REAU- to use weapons of mass destruction. This allows secret surveillance of non- THORIZATION ACT OF 2005.—Section 102(b)(1) of Khalid Aldawsari attempted to pur- citizens in the U.S. even if they’re not the USA PATRIOT Improvement and Reauthor- chase chemicals to construct a bomb connected to any terrorist group or for- ization Act of 2005 (Public Law 109–177; 50 against targets including the Dallas eign power. This authority is only U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 residence of former President George granted in secret courts and threatens U.S.C. 1862 note) is amended by striking ‘‘May W. Bush, several dams in Colorado and our understanding of the limits of our 27, 2011’’ and inserting ‘‘June 1, 2015’’. California, and the homes of three (b) INTELLIGENCE REFORM AND TERRORISM own government’s investigatory pow- PREVENTION ACT OF 2004.—Section 6001(b)(1) of former military guards who served in ers within our own country’s borders. the Intelligence Reform and Terrorism Preven- Iraq. Information obtained through a Now, we’re told that government has tion Act of 2004 (Public Law 108–458; 50 U.S.C. section 215 business records order was never used this power, so I ask my col- 1801 note) is amended by striking ‘‘May 27, essential in thwarting this plot. leagues, why should we reauthorize? If 2011’’ and inserting ‘‘June 1, 2015’’. Make no mistake, the threat from it hasn’t even been used, shouldn’t it MOTION TO CONCUR terrorists and spies is real. These pro- be allowed to expire, particularly in The SPEAKER pro tempore. The visions are vital to our intelligence in- light of our recent successes in the war Clerk will report the motion. vestigations, and they are effective.

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.114 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3740 CONGRESSIONAL RECORD — HOUSE May 26, 2011 b 1900 definition ensures that our laws cover Section 6001 of the Intelligence Re- We also have heard repeatedly from rogue terrorists even if they aren’t a form and Terrorism Prevention Act of the Obama administration about the card-carrying member of al Qaeda or 2004, the so-called lone wolf provision, critical importance of extending these another terrorist organization. permits secret intelligence surveillance laws. S. 990, the Patriot Sunsets Exten- The terrorist threat will not sunset of non-U.S. persons who are not affili- sion Act of 2011, is a bipartisan, bi- at midnight and neither should our na- ated with a foreign government or or- cameral compromise to reauthorize the tional security laws. The Patriot Act is ganization. According to government existing Patriot Act provisions for an- an integral part of our offensive testimony, this provision has never other 4 years. By doing so, Congress is against terrorists and has proved effec- been used; yet we are told it is vital ensuring that critical intelligence will tive at keeping Americans safe from that it remain on the books. be collected and terrorist plots will be terrorist attacks. Surveillance of an individual who disrupted. Mr. Speaker, I urge my colleagues to concededly is not working with a for- In February, Congress approved a 90- support this reauthorization. eign government or with a terrorist or- day extension of these provisions. Dur- I reserve the balance of my time. ganization is not normally what we un- Mr. NADLER. Mr. Speaker, I yield ing the last 3 months, the House Judi- derstand as foreign intelligence. There myself such time as I may consume. ciary Committee has thoroughly re- may be many good reasons for govern- Mr. Speaker, I rise today in opposi- ment to keep tabs on such an indi- viewed the Patriot Act and how its pro- tion to this extension of the three ex- visions are used in national security vidual, but there is no reason to sus- piring provisions of the USA PATRIOT pend all our normal laws under the pre- investigations. The Crime Sub- Act and the Intelligence Reform and committee has held three hearings spe- text that this is a foreign intelligence Terrorism Prevention Act. When we operation. cifically on the Patriot Act, the full last considered these expiring provi- committee held oversight hearings of We are now told we must simply punt sions, it was to extend them tempo- for a few years. No need, we have been the FBI and the Department of Justice, rarily so that the House could review and all committee members were pro- told, to consider any of the many im- them and consider whether to improve provements that many Members be- vided a classified briefing by the ad- them or allow them to expire. Many ministration. Attorney General Eric lieve are important. No need, in fact, Members on both sides of the aisle ob- even to have a debate or a vote on Holder told the committee that he sup- jected to extending these provisions ports these provisions and encouraged those changes. It’s another ‘‘my way or without so much as a hearing or an op- the highway’’ vote. That is no way to Congress to reauthorize them for as portunity to debate changes to the law. long of a period of time as possible. protect our Nation from terrorism In fact, the extension was rejected the while protecting our fundamental lib- The roving wiretap provision allows first time with the votes of both Demo- intelligence officials, after receiving erties from government intrusion. crats and Republicans. I realize that the Republican major- approval from a Federal court, to con- Since that debate, Chairman SENSEN- duct surveillance on terrorist suspects, ity has the votes to extend these expir- BRENNER did in fact hold a series of ing authorities, but I am proud to regardless of how many communica- hearings in which members of the Judi- tion devices they may use. We know stand with my colleagues of both par- ciary Committee were able to consider ties in opposition to the flippant and terrorists use many forms of commu- the issues and hear from many reckless way in which our liberties are nication to conceal their plots, includ- thoughtful experts who were able to being treated today. ing disposable cell phones and free make helpful suggestions. These three I urge my colleagues to reject this email accounts. Roving wiretaps are provisions dealing with roving wiretap dangerous legislation and demand that nothing new. Domestic law enforce- authority, expansion of the definition the House have a serious debate on the ment agencies have had roving wire- of an agent of a foreign power to in- important issues impacted by this leg- taps for criminal investigations since clude so-called lone wolfs, and section islation affecting our security and our 1986. If we can use roving wiretaps to 215, which allows the government to liberty. track down a drug trafficker, why obtain business and library records Mr. Speaker, I yield 2 minutes to the shouldn’t we also use it to prevent a using an order from the Foreign Intel- gentlewoman from Texas (Ms. JACKSON terrorist attack? ligence Surveillance Court instead of LEE). The business records provision allows the normal methods have aroused a Ms. JACKSON LEE of Texas. I thank the FBI to access third-party business great deal of controversy and concern, the gentleman very much. records in foreign intelligence, inter- and rightly so. I rise today to support a 7-day exten- national terrorism, and espionage Section 215 authorizes the govern- sion, which means I believe that we can cases. Again, this provision requires ment to obtain ‘‘any tangible thing’’ fix these problems. And I am dis- the approval of a Federal judge. That relevant to a terrorism investigation, appointed that we again, having been means the FBI must prove to a Federal even if there is no showing that the given the responsibility of oversight, judge that the documents are needed as thing pertains to suspected terrorists now rush for a two-page document, a part of a legitimate national security or terrorist activities. Section 215 is two-page document that is now the es- investigation. These two provisions sweeping in its scope, and the govern- sence of the Patriot Act, which in fact have been effectively used for the last ment is not required to show reason- will provide some challenge to the civil 10 years without any evidence of mis- able suspicion or probable cause before liberties of all Americans. I highlight use or abuse. undertaking an investigation that in- just one or two. Our national security laws allow in- fringes upon a person’s privacy. Con- The business records applies to citi- telligence gathering on foreign govern- gress should either ensure that things zens and noncitizens alike, where law ments, terrorist groups, and their collected with this power have a mean- enforcement or government authorities agents. But what about a foreign ter- ingful nexus to suspected terrorist ac- can come and take items, no matter rorist who either acts alone or cannot tivity or should allow this provision to what their relevance, if they think be immediately tied to a terrorist or- expire. that they might have some relevance ganization? The lone wolf definition Section 206 provides for roving wire- to terrorism. Any tangible thing. Res- simply brings our national security taps, which permit the government to taurants, where you are going to a res- laws into the 21st century to allow our obtain intelligence surveillance orders taurant. They can ask for what you intelligence officials to answer the that identify neither the person to be ate. A hotel, your records. Libraries, modern-day terrorist threat. tapped nor the facility to be tapped. your records. Since 9/11, we have seen terrorist tac- There is virtually no particularity re- Why couldn’t we do this with a 7-day tics change. In addition to coordinated quired. This seems a clear violation of review time? Extend it for 7 days today attacks by al Qaeda and other groups, the Fourth Amendment. There are al- and allow us from New Hampshire to we face the threat of self-radicalized most no limits on this authority and Texas to California to be able to say terrorists who are motivated by al no requirement that the government that we stand with our soldiers in se- Qaeda but may not be directly affili- name a specific target, either a person curing the Nation, but we also believe ated with such groups. The lone wolf or a location. in civil liberties.

VerDate Mar 15 2010 05:38 May 27, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.118 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3741 Let me remind my colleagues, 9/11 which was the original intent of Congress nancial and credit records of anyone deemed and the terrorists that we were when it originally included sunsets in these relevant to a terrorism investigation, even if shocked that could find their way to provisions. For the first time, a sunset was in- that person is not suspected of unlawful be- lift off and not take off, that was a cluded on the use of National Security Letters. havior. I repeat, even if that person is NOT question of not connecting the dots. Finally, it moves the sunset on the FISA suspected of unlawful behavior. Not that we didn’t have the informa- Amendments Act from the end of 2012 to Issues surrounding these particular provi- tion; we didn’t connect the dots of in- 2013 so that all these inter-related surveillance sions are not a stranger to us, for we have formation that were sitting on the authorities can be considered together in a been dealing with them since 2001 when the desks of an agent in the Midwest and non-election year to avoid reconsideration in PATRIOT Act was introduced. It has been ex- information that was somewhere else. the midst of a politicized environment. amined in the Judiciary Committee numerous Intelligence, getting information, ana- This proposal modifies the standard for ob- times. I, along with other Members of the Judi- lyzing it is part of securing the home- taining a FISA court order to obtain business ciary Committee like Mr. CONYERS and Mr. land, not violating the rights of Ameri- records by eliminating the overbroad presump- NADLER, offered multiple amendments that not cans. tion of relevance in these cases, and requires only addressed the three provisions, but also So here we go again. Business records the Government to provide a written statement National Security Letters and the lax stand- with no restraint, not adding the civil of the facts and circumstances that justify the ards of intent. liberties and oversight provisions that applicant’s belief that the tangible things We must ensure that our intelligence profes- were found in JOHN CONYERS’ legisla- sought are relevant. Furthermore, these bills sionals have the tools that they need to pro- tion, the ranking member on Judici- contain additional protections for bookseller or tect our Nation, while also safeguarding the ary, and as well the chairman of the library records. rights of law-abiding Americans. Judiciary Committee in the Senate, Additionally, these proposals would have To win the war on terror, the United States Senator LEAHY. made a number of changes to NSL practices must remain true to the founding architects of What is the rush to protect those who and procedures, in response to the numerous this democracy who created a Constitution are in fact citizens of the United abuses of this tool, including clarifying the which enshrined an inalienable set of rights. States—what is the rush not to protect standards for including a gag order, signifi- These Bills Of Rights guarantee certain funda- them? Support a 7-day extension. Don’t cantly improving the process for challenging mental freedoms that cannot be limited by the vote for legislation that violates the gag orders, and adding a factual basis re- government. One of these freedoms, the civil liberties of Americans. quirement. Fourth Amendment, is the right of the people As a member of the Homeland Security Furthermore, the Leahy and Conyers bill to be secure in their persons, houses, papers, Committee, I understand the importance of na- would have eased the concerns of many and effects against unreasonable searches tional security, and the challenges we face as Americans by enhancing public reporting and and seizures. We do not circumvent the we strive to protect our nation from foreign requiring audits. Fourth Amendment, or any other provision in threats. I appreciate the need to ensure that The bill before us now, which was rushed the United States Constitution, merely be- the law enforcement and intelligence commu- through at the final hour despite multiple ex- cause it is inconvenient. nities are equipped with the tools necessary to tensions, includes none of the thoughtful en- There is nothing more important than pro- carry out investigations. And with certain im- hancements and improvements which have viding the United States of America, especially provements to protect individuals’ privacy been carefully considered and crafted over the our military and national security personnel, rights and civil liberties, I believe the PATRIOT past several months. It ignores the results of the right tools to protect our citizens and pre- Act can continue to achieve that goal. countless oversight hearings, legislative hear- vail in the global war on terror. Holding true to However, as members of Congress, we ings, and committee markups. It completely ig- our fundamental constitutional principles is the have the role of oversight, and I am deeply nores the concerns that many Americans have only way to prove to the world that it is indeed concerned when our Constitutional rights run voiced and continue to raise. possible to secure America while preserving the risk of being infringed upon, even if it is in These three provisions of the PATRIOT Act our way of life. the name of national security. extend overstep the bounds of the government Mr. SMITH of Texas. Mr. Speaker, I This bill would extend three provisions of investigative power set forth in the Constitu- yield 5 minutes to the gentleman from the USA PATRIOT Act, commonly known as tion. Wisconsin (Mr. SENSENBRENNER), the the business records, lone wolf, and John Doe The ‘‘roving wiretap’’ provision allows a rov- current chairman of the Crime Sub- roving wiretap provisions, for four years to ing electronic surveillance authority, allowing committee of the Judiciary Committee June 1, 2015, with no changes, alterations, or the government to obtain intelligence surveil- and a former chairman of the Judiciary considerations of the constant concerns about lance orders with not particularity, that identify Committee. privacy rights and civil liberties. neither the person nor the facility to be 1910 This bill is reflective of a deal between Sen- tapped. b ate Leadership and Republican House Leader- The ‘‘business records’’ provision authorizes Mr. SENSENBRENNER. I thank the ship, however, it does not contain any of the the government to obtain ‘‘any tangible thing’’ gentleman for yielding. considerations and meaningful improvements relevant to a terrorism investigation, even if Mr. Speaker, I rise in support of S. which were included Senator LEAHY’s version there is no showing that the ‘‘thing’’ pertains to 990, to reauthorize the three expiring of the PATRIOT Act Sunset extension bill that suspected terrorists or terrorist activities. This provisions of the PATRIOT Act for 4 passed the Senate Judiciary Committee with provision, which was addressed in the Judici- years. This legislation provides much- bipartisan support and the backing of the intel- ary Committee during the 111th Congress, needed certainty to our intelligence of- ligence community. It makes no improvements runs afoul of the traditional notions of search ficials, who rely on these tools to pre- to the PATRIOT Act. It includes no new pro- and seizure, which require the government to vent terrorist attacks, monitor foreign tections for privacy. It requires no reporting to show ‘‘reasonable suspicion’’ or ‘‘probable spies, and prevent espionage. Congress. cause’’ before undertaking an investigation Unfortunately, this bill does not go Nor does this bill take into account any of that infringes upon a person’s privacy. Con- as far as legislation reported by the Ju- the meaningful improvements or additions gress must ensure that things collected with diciary Committee earlier this month. which were included in H.R. 1805, Represent- this power have a meaningful nexus to sus- H.R. 1800, the bill I sponsored along ative CONYERS’ House counterpart to Senator pected terrorist activity. with Judiciary Chairman SMITH, Intel- LEAHY’s Senate Bill. The ‘‘lone wolf’’ provision permits secret in- ligence Chairman ROGERS, and House The proposals introduced by Senator LEAHY telligence surveillance of non-US persons who Administration Chairman LUNGREN, and Representative CONYERS make meaning- are not affiliated with a foreign organization. permanently reauthorizes the lone wolf ful improvements to the PATRIOT Act and re- This type of authorization, which is only grant- definition and extends section 206 rov- lated authorities, and have the support of the ed in secret courts, is subject to abuse, and ing authority and section 215 business Obama Administration and the intelligence threatens our longtime understandings of the records authority for 6 years. community. limits of the government’s investigatory powers The PATRIOT Act has been plagued They reauthorize the Business Records, within the borders of the United States. by myths and misinformation for 10 Lone Wolf, and Roving Wiretaps provisions for This bill fails to address National Security years. We’ve heard some of those to- two and a half years—until December 2013— Letters (NSLs) all together. NSLs permit the night, and we’ll probably hear more. In allowing for greater Congressional oversight, government to obtain the communication, fi- the last 3 months, myths have become

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.119 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3742 CONGRESSIONAL RECORD — HOUSE May 26, 2011 even more outlandish—claims of the signature of a line prosecutor. Fi- The other amendments to be ex- warrantless wiretapping, monitoring nally, business records, which by defi- tended include section 601, the lone entire neighborhoods, and blatant con- nition reside in the hands of a third wolf surveillance provision, contained stitutional violations. Make no mis- party, do not—and I repeat, do not— in the Intelligence Reform and Ter- take: Each and every one of these implicate the Fourth Amendment. rorism Prevention Act of 2004, which claims are patently false, and if Con- Since this law was first enacted over authorizes the government to conduct gress fails to reauthorize these laws be- 10 years ago, these provisions have investigations of non-U.S. individuals fore they expire, America’s national se- been scrutinized to the fullest extent of not connected to any foreign power or curity and that of its citizens will be the law and have been either unchal- terrorist group. It effectively allows the most vulnerable in a decade. lenged or found constitutional. The the government to circumvent the The lone wolf definition closes a gap lone wolf definition has never been standards that are required to obtain in FISA by allowing the government to challenged. Section 206 roving wiretaps electronic surveillance orders from track a foreign national, not a U.S. have never been challenged. But four criminal courts. person, who engages in acts to prepare appellate courts, including the Ninth Lastly, section 206, known as the for a terrorist act against the United Circuit, have upheld criminal roving John Doe wiretap, allows the FBI to States but is not affiliated, or cannot wiretap authority under the Fourth obtain an order from the Foreign Intel- immediately be shown to be affiliated, Amendment. ligence Surveillance Court to wiretap a with a foreign terrorist organization. Section 215 business records were target without having to specify the The lone wolf definition is in fact quite challenged, but after Congress made target or the device. These provisions narrow. It cannot be used to inves- changes to that provision in the 2006 were given a sunset for a reason. tigate U.S. persons and only applies in reauthorization, which many people There’s an abundance of evidence cases of suspected international ter- who are complaining about this bill over the last 10 years that these powers rorism. The government cannot use voted against, the lawsuit was with- have given the government license to this provision to investigate domestic drawn. infringe on constitutionally protected terrorism. The SPEAKER pro tempore. The privacy of the American people with no Although the lone wolf provision has time of the gentleman has expired. accountability. It’s time we stop rub- yet to be used, it is an important provi- Mr. SMITH of Texas. I yield the gen- ber-stamping these provisions, reform sion that recognizes the growing threat tleman an additional minute. the PATRIOT Act, and stop Big Gov- of individuals who may subscribe to Mr. SENSENBRENNER. These three ernment from reaching into people’s radical and violent beliefs, but do not provisions have stopped countless po- private lives. clearly belong to a specific terrorist tential attacks and play a critical role Mr. SMITH of Texas. Mr. Speaker, group. The recent death of Osama bin in helping ensure law enforcement offi- may I ask how much time remains on Laden only strengthens its importance, cials have the tools they need to keep each side? The SPEAKER pro tempore. The gen- as the fear of individual retaliatory our country safe. tleman from Texas has 9 minutes re- acts increases. The death of Osama bin Laden proves Section 206 of the PATRIOT Act au- that American intelligence gathering maining, and the gentleman from New 1 thorizes the use of ‘‘roving’’ or is vital to our national security. The York has 12 ⁄2 minutes remaining. Mr. SMITH of Texas. I reserve the multipoint wiretaps for national secu- fight against terrorism, however, did balance of my time. not die with bin Laden, and neither did rity and intelligence investigations. Mr. NADLER. I yield 2 minutes to the need for the PATRIOT Act. This allows the government to use a the gentleman from New Jersey (Mr. single wiretap order to cover any com- I urge my colleagues to support this HOLT). munications device that the target is legislation. Mr. HOLT. Mr. Speaker, the House is Mr. NADLER. I yield 2 minutes to using or is about to use. Without rov- once again in an unexamined rush to the gentleman from Ohio (Mr. ing wiretap authority, investigators make semi-permanent the govern- KUCINICH). must seek a new court order each time ment’s ability to seek all matter of Mr. KUCINICH. Mr. Speaker, I rise in a terrorist or spy changes cell phones records on citizens without having to strong opposition to another abdica- or computers. In today’s world of dis- demonstrate to a court that citizens tion of our constitutional duty to con- posable cell phones, free e-mail ac- under suspicion are actually engaged in duct oversight and protect our most counts, and prominent social media, terrorist activities. roving authority is a crucial tool. basic civil liberties. This bill extends The power of government for surveil- Section 215 allows the FISA Court to through June 1, 2015, three provisions lance and enforcement are among the issue orders granting the government contained in the Intelligence Reform most important but also the most fear- access to business records in foreign in- and Terrorism Prevention Act and the some. We know these authorities and telligence, international terrorism, and USA PATRIOT Act that, at the time of others have been abused, because the clandestine intelligence cases. This au- their passage, constituted an unprece- Department of Justice Inspector Gen- thority is similar to the widely accept- dented expansion of government power eral has told us so. I know it, because ed grand jury subpoena in criminal in- and infringement on the American peo- for 8 years I served on the House Per- vestigations. ple’s privacy. manent Select Committee on Intel- Earlier this month, the Department There are numerous protections writ- ligence. Let me tell you, American of Justice released its annual report on ten into the law to ensure that the au- freedom and security are not well- surveillance activities for 2010. The re- thority is not misused. Under section served by the excessive secrecy im- port reveals that the government quad- 215, only an article III FISA judge can posed on our society and government rupled its use of section 215 orders, issue an order for business records; an by this legislation. investigation of a U.S. person cannot named after one of the provisions, The Foreign Intelligence Surveil- be based solely on activities protected poised to extend until 2015 with no re- lance Court, which is responsible for by the First Amendment; the records form. Section 215, also known as the approving government surveillance re- must be for a foreign intelligence or business records provision, allows the quests under the PATRIOT Act, is the international terrorism investigation; FBI to order any person, any business, kind of court that should be used only and minimization procedures must be to turn over any tangible things as rarely and in the most special cir- utilized. long as it specifies it’s for an author- cumstances. Instead, it has become In addition, requests for records of li- ized investigation. Orders executed part of a kind of routine clandestine brary circulation, book sales, firearms under section 215 constitute a serious government. sales, and the like must first be ap- violation of Fourth Amendment and proved by the FBI director, his deputy, First Amendment rights by allowing b 1920 or head of the FBI’s national security the government to demand access to Treating some Americans as above division. By contrast, a grand jury sub- records often associated with the exer- suspicion and others as suspect with- poena can obtain all of these records in cise of First Amendment rights, such out cause has made us a less just and a criminal investigation with simply as library records or medical records. also a less secure society.

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.121 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3743 The PATRIOT Act was originally fully constructed these provisions to Mr. SMITH of Texas. Mr. Speaker, I passed at a time of high emotion in allow us to do the kind of work that is reserve the balance of my time. this country. Nearly a decade at the necessary not to collect the bodies Mr. NADLER. Mr. Speaker, I yield PATRIOT Act enactment, the death of after a successful terrorist attack has myself such time as I may consume. Osama bin Laden has provided us with occurred but, rather, to prevent these Mr. Speaker, let me just say that we an opportunity to stop and reflect on terrorist attacks. have heard all these arguments before all that has transpired over the last 10 One of the things people should keep many times on this floor. It’s hard for years. It is past time for us to pause in mind is that we have the interven- me to believe that a proper investiga- and reexamine the validity of the as- tion of Federal judges in these three tion and proper procedures would not sumptions that led to the passage of different areas of the law. It is not have been able to improve these provi- the PATRIOT Act and the validity of something where the executive branch sions in any way, that all the hearings, its current application. is allowed to go unfettered into looking all the suggestions that were made But, you say, we cannot debate the for this information. Rather, they came to no changes at all. validity of its current application be- must justify it to an independent Fed- I am not going to debate for the fifth cause those applications are classified eral court; and some say, oh my gosh, time with Mr. LUNGREN his statements. at a very high level. That is precisely it is a secret court. It is a secret court I do not believe they are accurate. He one of the points we should be debating because, in fact, there are certain se- does not believe what I said is accu- thoroughly before any reauthorization. crets that must be maintained as we rate. We are on similar ground there. Sitting on the House Permanent Se- attempt as best we can to save this Na- Let me just say that I believe that lect Committee on Intelligence for 8 tion and our citizens from those who these provisions should be amended, years, let me tell you, that secrecy would attack us. they should be changed. They are an does not serve America well. One wonders at times whether we overbroad violation of our rights and Mr. SMITH of Texas. Mr. Speaker, I have the sense of urgency that is nec- leave it at that and, therefore, I will yield 4 minutes to the gentleman from essary to continue with the efforts to oppose it. California (Mr. DANIEL E. LUNGREN), make us safe. The fact that we have Before we conclude, I want to recog- chairman of the House Administration thwarted successfully terrorist attacks nize Judiciary Committee counsel Sam Committee and also a senior member is not a reason to dismantle the means Sokol, who is leaving the committee of the Judiciary Committee. which allowed us to do that. It is, in tomorrow for what I know is a bright Mr. DANIEL E. LUNGREN of Cali- fact, a reason why we should continue future. I know that I speak for every fornia. Mr. Speaker, I know we want to this. member of the committee in thanking get to a vote very, very soon and nor- Any honest examination of the his- Sam for his wise counsel, his pro- mally I would refrain from speaking on tory of this Judiciary Committee and digious capacity for work, and his this except that because this is such an the Crime Subcommittee will reveal friendship. He has been a valued mem- important issue and some of the things that we have done the oversight nec- ber of our team, and we will miss him that have been stated on the floor are essary to ensure that we have the tools greatly. We wish you the best of luck, so patently untrue, there is an obliga- to fight the threat of terrorism and at Sam. tion for those of us who have been the same time preserve the civil lib- With that, I urge the defeat of this working on this issue for some period erties of American citizens. bill. I yield back the balance of my time. of time to make sure that the public is To suggest otherwise is to ignore the Mr. SMITH of Texas. Mr. Speaker, I not misled by statements that have record. To suggest it’s unconstitu- yield the balance of my time to the been made here on the floor. tional is to somehow ignore the deci- gentleman from Pennsylvania (Mr. Number one, the Fourth Amendment sions made by every Federal court that MARINO), a member of the Judiciary is not implicated. has looked at this. Committee Crime Subcommittee. He is We have heard statements on this But you can continue to make these also both a former U.S. Attorney and floor that are absolutely not true. statements, you can continue to con- They are the same statements that district attorney. fuse the public, you can continue to Mr. MARINO. Mr. Speaker, it’s in- were made the last time we had this on raise alarm where alarm ought not to credulous what I am hearing here the floor, the same statements that be raised. today from my friends on the other were made when we reauthorized this a With all due respect, while everybody side of the aisle. I was a U.S. Attorney few years ago. And one of the most is entitled to their opinions, they are and used the PATRIOT Act. I debated amazing things is there is a continu- not entitled to their own facts. They it, I lectured it, and I put a terrorist ation of this argument that we haven’t must take the facts as they are. And away by using the PATRIOT Act. done proper oversight. I don’t know the facts are this is constitutional, it is I was also a district attorney, and it where you have been, but many of us workable, it is necessary. We have to was easier for me to get a warrant for on this side of the aisle have been in do it, and we have to do it now. documents as a district attorney than briefings and on hearings on these very Mr. NADLER. Mr. Speaker, I yield 2 it was for me to get documents pursu- issues seeking out the truth on these minutes to the gentleman from Mary- ant to the PATRIOT Act. things. land (Mr. RUPPERSBERGER). I just could not sign a document and The canard that somehow we are Mr. RUPPERSBERGER. Mr. Speak- go get papers and have a wiretap. I had tearing the Constitution up just does er, I rise in support of S. 990. These to go through a FISA judge. It had to not stand any kind of inquiry whatso- three provisions of the PATRIOT Act go through my first assistant, myself, ever. The suggestion that somehow we provide important tools that help keep the Justice Department, a judge, and are invading the civil liberties of citi- America safe. then back to the office for a signature. zens is negated by the language in the I am pleased that this bill includes three sections of the bill that we have sunsets. Our Founding Fathers created b 1930 before us. And the argument that a system of government that included There are absolutely no cir- somehow, since we got rid of Osama bin checks and balances among the three cumstances where I could get informa- Laden, we don’t need this, is the most branches of government: the legisla- tion from a citizen who we believed to absurd at all. tive, executive and judicial. Sunsets be a terrorist or to be involved in ter- One of the lessons of our successful allow for the legislative branch to con- rorism by not getting a warrant. mission being executed against Osama duct meaningful oversight on an ongo- An example is the roving wiretap. bin Laden is that you need actionable ing basis. The roving wiretap was designed for intelligence over a long range of time I will support this extension because one specific reason. Wiretaps, when the that you can connect together with I believe that these provisions are con- wiretap law went into effect, were analysis to give you the information sistent with the Constitution and pro- based on a phone being on a wall in a that you need. It doesn’t fall from vide the tools the government needs to particular location. Over the years, be- heaven. It doesn’t come like manna. keep us safe while protecting civil lib- cause of cell phones, terrorists, crimi- You have to go get it. We have care- erties. nals, and drug dealers were buying—

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.123 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3744 CONGRESSIONAL RECORD — HOUSE May 26, 2011 and are still buying—cell phones in the amend the PATRIOT Act to bolster our secu- tration and the intelligence community, as well 5, 10, and 20 batches, using them for rity while respecting our civil liberties and free- as bipartisan Senate support, reauthorizes the several minutes, dropping them, con- doms. three expiring provisions for two and a half tinuing the same crime, and just Mr. VAN HOLLEN. Mr. Speaker, in February years, rather than the six-year extension in S. switching to a new cell phone. The law of this year, I voted to support a three-month 990. It makes critical improvements to prevent allowed us not to have to go after a extension of the PATRIOT Act provisions in the abuse of fundamental civil liberties, includ- new warrant for each cell phone. That today’s underlying legislation in order to give ing tightening the requirements on roving wire- was logical because the phone was not Congress time to build a consensus around taps (and eliminating the so-called ‘‘John Doe attached to a wall in a particular loca- necessary, common sense reform. Today, it is Roving Wiretap,’’ under which the government tion; they were roving. It has done its with great reluctance that I must stand in op- can obtain surveillance orders that identify nei- job not only in drug work but ter- position to an additional extension of these ther the person nor the facility to be tapped). rorism work as well. provisions, as Congress has failed to make re- In addition, for the first time, Congressman The same thing for documents and forms to safeguard civil liberties. CONYERS’ bill sunsets the use of National Se- information from business records and This is a missed opportunity. Senators curity Letters (NSL) and makes a number of bank records. In some instances, as a LEAHY and PAUL offered a bipartisan amend- changes to abusive NSL practices. H.R. 1805 district attorney, I didn’t even need a ment that included a sunset date for National strengthens the factual basis required for use warrant. All I had to do was subpoena Security Letters, enhanced oversight of PA- of an NSL, clarifies the standards for including those documents. That is not possible TRIOT Act authorities, and more focused a gag order in an NSL, and improves public under the Federal system. We have to standards of relevance for business record re- reporting on the number of NSLs issued each go through a FISA court to get those quests—changes that would provide meaning- year. warrants. I’ve done that for 6 years as ful improvements to the balance between na- I do not believe that these invasive authori- a U.S. attorney and for 12 years as a tional security and civil liberties. However, this ties should be extended in the absence of real district attorney. What we are hearing proposal was not given a vote on the floor of improvement in the civil liberties protections. from the other side is absolutely not the Senate. As a member of the Intelligence Committee, I true about warrantless searches. I believe there are important provisions in know that we can protect our citizens without Earlier today, the Senate approved this bill that should be extended. However, treading on their rights. We do not have to Senate 990 by a vote of 72–23, with over- there is also a clear need for improved over- choose between our security and our values. whelming bipartisan support. It is time sight and privacy protections. We must not be Instead, we should pass legislation that grants for the House to do the same thing. stampeded into continuing to pass bad policy, the intelligence community the tools they re- Time is of the essence. We have until especially when credible solutions are well quire while also protecting the rights and lib- midnight tonight to help keep America within reach. I voted to give Congress time to erties of all Americans. safe because the terrorists are out responsibly reform these provisions. But I can- Mr. BLUMENAUER. Mr. Speaker, today I there continually working. They aren’t not in good conscience support a four-year ex- will vote against an extension of the PATRIOT taking breaks. tension that makes no effort to ensure that the Act because Congress should be refining and These are commonsense provisions authorities under this law are being exercised narrowing the scope of the Act, not extending that have worked effectively for 10 responsibly. it as-is, until 2015. years to prevent terrorists attacks, Mr. Speaker, I have always been prepared There are real concerns on both sides of protect the American people, and pre- to support a balanced PATRIOT Act that de- the aisle about granting the federal govern- serve civil liberties. They need to be fends Americans without eroding our freedom. ment too much power with little to no mecha- extended for another 4 years. The terrorist threat we face as a Na- Unfortunately, S. 990 is not that legislation. nisms for oversight by Congress. We are Ms. SCHAKOWSKY. Mr. Speaker, I do not tion has not expired. Neither should missing an opportunity in the House for bipar- support S. 990, which extends three con- these important provisions that have tisan reform by rushing this extension to the helped keep us safe from terrorist at- troversial PATRIOT Act provisions. There is a floor. It’s time for a more accountable ap- tacks. much better way to safeguard our national se- proach that balances individual privacy with I urge my colleagues to vote ‘‘yes’’ curity without jeopardizing the privacy and civil our national defense. on this critical national security bill. liberties of American citizens. This legislation Our intelligence community has the tools Mr. BECERRA. Mr. Speaker, we can defeat reauthorizes these sections of the PATRIOT necessary to keep us safe without compro- our enemies without surrendering the rights Act without making necessary improvements, mising our privacy. This hasty four-year exten- and freedoms that are the foundation of our and it fails to even address other problematic sion is disappointing because the Act could be republic. practices, including the use of National Secu- more effective if it included the auditing re- Our men and women in uniform put their rity Letters. quirements for which many in Congress have lives on the line every day to defend the lib- Among the provisions included in this exten- advocated. erties that we hold dear. In light of their brav- sion is Section 215, which expands the gov- Mr. WEST. Mr. Speaker, deep within my ery and commitment to the highest standards ernment’s ability to private, confidential heart I have a mistrust of the Obama Adminis- of human rights—even in war—we must ask records, without showing probable cause or di- tration when it comes to the PATRIOT Act. ourselves if, through this vote on S. 990, the rect connection to a foreign power or agent. However, I do have a greater trust in the law PATRIOT Sunsets Extension Act of 2011, we This includes library, and bookstore records, enforcement and judges on the FISA court to are willing to freely give up those very rights as well as highly personal information such as keep Americans safe. for which they are willing to die. medical records. I support the work that law enforcement The PATRIOT Act can be a law worth pre- In addition to my concerns about what is in does around the nation each and every day in serving. Many of its provisions have enhanced this bill, I am concerned about what is not in order to protect our citizens and apprehend in- our security. But several of its prescriptions it. Instead of engaging in a real debate about dividuals who want to kill innocent people and would undermine our cherished protections of reforming the PATRIOT Act, we are simply try to destroy our way of life. civil liberties and American freedom. That is continuing the bad policies of the past. To- The PATRIOT Act was enacted shortly after not the American way. night’s bill fails to address the widespread use September 11 to deal with the threat of inter- As we approach Memorial Day, a day when (and abuse) of National Security Letters. The national terrorism. Indeed, we are engaged in we reflect on the sacrifices made by our fallen National Security Letters provisions of the PA- a global conflict against radical Islam. Those warriors, let us give them and the defenders of TRIOT Act, which drastically expand govern- who are captured on this truly global battlefield our security the legal tools they need to pro- ment authority to demand private records with- should be treated as non-state, non-uniform tect us all and to seek out and descend upon out prior court approval, have been used hun- belligerents, not as common criminals. those who would do us harm. But let us sen- dreds of thousands of times since 2001. As you are well aware, I spent 22 years in sibly discard those provisions of law which do There is another way to protect our citizens, the United States Army—the tip of the spear not uphold those standards and would instead without treading on their rights. Congressman tasked with protecting the citizens of this great give away the precious liberties which millions CONYERS has offered an alternative proposal, nation. As a Member of the House of Rep- of Americans have died defending throughout H.R. 1805, laying out a compromise approach resentatives, I have taken an oath to protect the history of our country. to improving the PATRIOT Act. I am a co- the constitutional rights of the citizens of the Mr. Speaker, today I vote against S. 990 be- sponsor. Congressman CONYERS’ legislation, 22nd Congressional District of Florida and all cause this Congress did not move sensibly to which has the support of the Obama Adminis- Americans.

VerDate Mar 15 2010 05:51 May 27, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 9920 E:\CR\FM\K26MY7.125 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3745 Benjamin Franklin, one of the founders of not support the extension of these provisions Meehan Ribble Simpson our nation wrote ‘‘They who can give up es- for four years and I am gravely disturbed that Mica Rigell Smith (NE) Miller (FL) Rivera Smith (NJ) sential liberty to obtain a little temporary safe- we did not allow an open process to review Miller (MI) Roby Smith (TX) ty, deserve neither liberty nor safety.’’ the extension of these provisions. Miller (NC) Rogers (AL) Smith (WA) For many weeks I have reflected on this Miller, Gary Rogers (KY) Southerland We must clearly focus on the enemy, not Mulvaney Rogers (MI) quote as I have studied this issue to make a permit political correctness to drive our do- Stearns Murphy (PA) Rooney Stivers decision on how I should cast my vote on the Neugebauer Ros-Lehtinen mestic security policy. No one recognizes the Stutzman Noem Roskam reauthorization of provisions of the PATRIOT security situation better than I. However, I Terry Nugent Ross (AR) Act. I have spoken with numerous individuals, have not been fully persuaded that these pro- Nunes Ross (FL) Thompson (PA) including my fellow colleagues in the House of visions make us safe . . . as opposed to the Nunnelee Rothman (NJ) Thornberry Representatives, the Director of the Federal illusion of feeling safe. Olson Royce Tiberi Bureau of Investigation, Robert Mueller, and Palazzo Runyan Tsongas Based upon my research, I shall not vote for Pascrell Ruppersberger Turner the Chairman of the House Intelligence Com- extending these provisions for four years. The Paulsen Ryan (WI) Upton mittee, MIKE ROGERS in order to try to under- most integral part of our focus on security Pearce Scalise Walberg stand the facts. against radical Islamic terrorism is to recog- Pence Schiff Walden I have spoken to numerous constituents Peters Schilling Walsh (IL) nize and confront this enemy. And to do this Peterson Schmidt Wasserman who are both experts on this issue and con- we must openly debate the best way for this Petri Schock Schultz stituents who, while not experts, have a con- to be accomplished. Pitts Schwartz Webster cern about these provisions. I reviewed testi- The SPEAKER pro tempore. All time Platts Schweikert Westmoreland mony to Congressional Committees and have Poe (TX) Scott (SC) Whitfield for debate has expired. Price (GA) Scott, Austin Wilson (SC) studied many documents in order to determine Quayle Pursuant to House Resolution 281, Scott, David Wittman Quigley Sensenbrenner the proper balance between individual’s rights Wolf the previous question is ordered. Rahall Sessions and the responsibility of the Federal Govern- Womack The question is on the motion offered Reed Sewell ment to protect Americans. by the gentleman from Texas (Mr. Reichert Shimkus Yoder I have done what I was sent to Capitol Hill Young (FL) SMITH). Renacci Shuler to do, to make an informed decision based on Reyes Shuster Young (IN) The question was taken; and the the facts and represent the people of the 22nd Speaker pro tempore announced that NAYS—153 Congressional District of Florida. I have deter- the ayes appeared to have it. Ackerman Grijalva Payne mined that the most important constitutional Mr. NADLER. Mr. Speaker, on that I Amash Gutierrez Pelosi right, one which I have taken an oath to pro- Baldwin Hanabusa Perlmutter demand the yeas and nays. tect, is the right to life for all Americans. We Bartlett Hanna Pingree (ME) must do whatever is necessary to prevent an- The yeas and nays were ordered. Bass (CA) Harris Polis The vote was taken by electronic de- Bishop (UT) Hastings (FL) Posey other terrorist attack on our soil and how to do Blumenauer vice, and there were—yeas 250, nays Heinrich Price (NC) this must be fully and openly debated. Brady (PA) Herrera Beutler Rangel When we killed Osama bin Laden, we may 153, not voting 28, as follows: Braley (IA) Himes Rehberg have killed the face of evil and the mastermind [Roll No. 376] Broun (GA) Hinchey Richardson Campbell Hirono Richmond of numerous terrorist attacks, however, we YEAS—250 Capps Holt Roe (TN) face an emboldened enemy who now oper- Adams Crenshaw Hinojosa Capuano Honda Rohrabacher ates on a 21st century battlefield. The per- Aderholt Critz Holden Carnahan Inslee Rokita Alexander Cuellar Hoyer Carson (IN) Jackson Lee Roybal-Allard petrators of September 11th lived in South Chaffetz (TX) Altmire Culberson Huizenga (MI) Rush Chu Johnson (GA) Florida and planned their attacks upon our na- Andrews Davis (CA) Hultgren Ryan (OH) Cicilline Johnson (IL) tion there. And just this month, individuals Austria Davis (KY) Hunter Sa´ nchez, Linda Clarke (MI) Jones Bachmann Denham Hurt T. were arrested in South Florida sending funds Clarke (NY) Kaptur Bachus Dent Israel Sarbanes to terrorists in Pakistan. Clay Kildee Barletta DesJarlais Issa Schakowsky Cleaver Kucinich The complexities of the 21st Century Battle- Barrow Deutch Jenkins Schrader field require us to reassess and redefine how Barton (TX) Diaz-Balart Johnson (OH) Clyburn Labrador Cohen Larsen (WA) Scott (VA) we confront our enemy. The men and women Bass (NH) Dicks Johnson, E. B. Serrano Benishek Dold Johnson, Sam Connolly (VA) Larson (CT) who serve in law enforcement throughout our Costello Lee (CA) Sherman Berg Donnelly (IN) Jordan Slaughter country today face this non-state, non-uniform Berkley Dreier Keating Courtney Lewis (GA) Crowley Loebsack Speier belligerent who has no regard for international Biggert Duffy Kelly Stark Bilbray Ellmers Kind Cummings Lofgren, Zoe borders or boundaries, to include our home- ´ Sutton Bilirakis Emerson King (IA) Davis (IL) Lujan land. As we have seen by the terrorist attacks DeFazio Lynch Thompson (CA) Bishop (GA) Farenthold King (NY) Thompson (MS) in Little Rock and Fort Hood, our fight against Bishop (NY) Fincher Kingston DeGette Mack DeLauro Maloney Tierney radical Islam is not just against the Taliban in Black Fleischmann Kinzinger (IL) Tipton Blackburn Fleming Kissell Doggett Manzullo Afghanistan or al Qaida in Iraq, but against a Doyle Markey Tonko Bonner Flores Kline Towns global movement who has infiltrated our bor- Boren Forbes Duncan (SC) Matsui Lamborn Van Hollen Boswell Fortenberry Lance Duncan (TN) McClintock ders. Vela´ zquez Brady (TX) Foxx Landry Edwards McCollum We are at war with a radical ideology that Visclosky Brooks Franks (AZ) Langevin Ellison McDermott Walz (MN) has brought the fight to us time and time Brown (FL) Frelinghuysen Lankford Engel McGovern Waters again. From Fort Hood, Texas, to Little Rock, Bucshon Gallegly Latham Eshoo McNerney Watt Buerkle Gardner LaTourette Farr Meeks Arkansas, Islamists have targeted American Waxman Burgess Garrett Latta Fattah Michaud Weiner citizens. After each of these brutal attacks, I, Burton (IN) Gerlach Levin Fitzpatrick Moore Welch like many Americans, was shocked at how this Butterfield Gibbs Lewis (CA) Frank (MA) Moran West could happen on American soil. Political Cor- Calvert Gingrey (GA) Lipinski Fudge Murphy (CT) Garamendi Nadler Wilson (FL) rectness allowed Major Nidal Hassan to have Camp Gohmert LoBiondo Canseco Goodlatte Lowey Gibson Napolitano Woodall so-called ‘‘spiritual conversations’’ with a rad- Cantor Gosar Lucas Gonzalez Neal Woolsey ical element who preached and advocated vio- Capito Gowdy Luetkemeyer Graves (GA) Pallone Wu lence against American citizens. Under the Cardoza Granger Lummis Green, Al Pastor (AZ) Yarmuth Carney Graves (MO) Lungren, Daniel Griffith (VA) Paul Young (AK) protection of the First Amendment, Carlos Carter Griffin (AR) E. Bledsoe was able to travel overseas, become Cassidy Grimm Marchant NOT VOTING—28 radicalized, return home to purchase weap- Chabot Guinta Marino Akin Filner Miller, George ons, plan and execute an attack against a Lit- Chandler Guthrie Matheson Baca Flake Myrick Coble Hall McCarthy (CA) Becerra Giffords Olver tle Rock Army Recruiting Depot. Coffman (CO) Harper McCaul Berman Green, Gene Owens As I outlined to a letter I sent to FBI Director Cole Hartzler McCotter Bono Mack Hastings (WA) Pompeo Robert Mueller earlier this month, I believe the Conaway Hayworth McHenry Boustany Huelskamp Sanchez, Loretta execution of these provisions should be Cooper Heck McIntyre Buchanan Jackson (IL) Sires Costa Hensarling McKinley Castor (FL) Long Sullivan moved to the Counter Terrorism Division in- Cravaack Herger McMorris Conyers McCarthy (NY) stead of the Criminal Division. Further, I do Crawford Higgins Rodgers Dingell McKeon

VerDate Mar 15 2010 06:56 May 27, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.130 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3746 CONGRESSIONAL RECORD — HOUSE May 26, 2011 b 1956 days before emails and cell phones, and wouldn’t be national news, but this is Mr. CONNOLLY of Virginia changed stories were literally filed over the no ordinary man. Russell Skinner has his vote from ‘‘yea’’ to ‘‘nay.’’ wires. Tom is, without a doubt, what been serving our community and our Messrs. YODER, SCOTT of South one would consider ‘‘old school.’’ neighborhood for more than 30 years. Carolina, and POE of Texas changed In 1983, Tom took over as the polit- He’s more than that; he’s an entre- their vote from ‘‘nay’’ to ‘‘yea.’’ ical beat reporter for the Chieftain, preneur. He has his own flooring com- So the motion was agreed to. working out of its Denver bureau for pany. You’ll see him on evenings and The result of the vote was announced the next 21 years. He covered the State weekends working to try to provide not as above recorded. capitol, three Governors; and he re- just good service to his customers, but to take care of his family as well. He A motion to reconsider was laid on members what the Colorado legislature runs a Christian gospel singing group. the table. was like before term limits. You will see him in our local churches Stated against: I’ve had the opportunity to work around the region bringing God’s songs Mr. GENE GREEN of Texas. Mr. Speaker, with Tom not only at the State capitol in Denver, Colorado, but at the Chief- and music across our region. on rollcall No. 376, Consideration of PATRIOT Russell Skinner loves his country, he Act Extension, had I been present, I would tain. He knows a great deal and cares a great deal about Colorado, south- loves our soldiers, he loves his family, have voted ‘‘nay.’’ and he loves his God. And he is just Mr. BECERRA. Mr. Speaker, I was unable eastern Colorado, and the water law that has made Colorado the great State part of the American dream, living it, to cast my floor vote on rollcall vote 376. working it, fighting it. Russell Skinner Had I been present for the votes, I would that it is today. Not only am I going to miss Tom McAvoy, but I know the peo- will be missed in our community. He is have voted ‘‘nay’’ for rollcall vote 376. what’s great about America. Mr. JACKSON of Illinois. Mr. Speaker, I was ple of Pueblo and the people of south- f unavoidably detained for personal reasons, eastern Colorado will as well. and missed a recorded vote for S. 990, the Tom, thank you for your service to THE PATRIOT ACT the people, and I look forward to work- PATRIOT Sunsets Extension Act of 2011. If The SPEAKER pro tempore. Under ing with you because I know, in retire- present, I would have recorded my vote as the Speaker’s announced policy of Jan- ‘‘nay’’ for rollcall vote 376. ment, you’re still not going away. uary 5, 2011, the gentleman from Iowa Mr. FILNER. Mr. Speaker, on rollcall 376, I f (Mr. KING) is recognized for 60 minutes was away from the Capital region attending b 2000 as the designee of the majority leader. the Civil Rights Freedom Riders’ 50th Anniver- Mr. KING of Iowa. Mr. Speaker, it’s sary Celebration. Had I been present, I would MEMORIAL DAY: REMEMBERING my honor to be recognized to address have voted ‘‘nay.’’ OUR WAR HEROES you here on the floor of the United f (Mr. POE of Texas asked and was States House of Representatives and given permission to address the House this great deliberative body that we APPOINTMENT OF MEMBER TO for 1 minute.) have, and especially immediately in UNITED STATES GROUP OF THE Mr. POE of Texas. Mr. Speaker, Vet- the aftermath of this historic vote that NATO PARLIAMENTARY ASSEM- erans Day is the day we honor our vet- has just gone up on the Patriot Act. BLY erans who go overseas and they return. As we have debated this and worked The SPEAKER pro tempore (Mr. Memorial Day is the day we honor our with an amendment process and nego- BROOKS). Pursuant to 22 U.S.C. 1928a, soldiers, our sailors, our airmen who go tiations that took place in the Senate, clause 10 of rule I, and the order of the overseas and they don’t return. Mon- we got down to the last minutes here. House of January 5, 2011, the Chair an- day is Memorial Day, and all Ameri- And I presume final passage of the Pa- nounces the Speaker’s appointment of cans should give homage and honor, triot Act is now on its way to the the following Member of the House to praise and prayers for those that President’s desk to be signed tonight the United States Group of the NATO served and gave up their lives for the so that there’s not a window of vulner- Parliamentary Assembly: rest of us. They gave their youth for ability with regard to the intelligence that we can gather against our enemies Mr. LARSON, Connecticut our future. that are evermore coming into the Not far from where we are today, f United States and plotting against us right down The Mall, is the newest me- FAREWELL, TOM MCAVOY globally. morial on The Mall; it’s the World War This is an issue that emerged when (Mr. GARDNER asked and was given II Memorial. It’s a massive memorial we saw our vulnerabilities in the im- permission to address the House for 1 to those World War II—the ‘‘Greatest mediate aftermath of September 11. minute and to revise and extend his re- Generation’’—veterans that served. On And as that was dealt with here in this marks.) the back wall there it looks like a Congress—and I will say that of pieces Mr. GARDNER. Mr. Speaker, times bronze plate. And if you get closer, Mr. of legislation that have been passed in have been hard for the newspaper busi- Speaker, you notice that it’s not a a relative emergency situation, the Pa- ness; but this week, the Pueblo Chief- bronze plate at all, but there are thou- triot Act among them stands out as tain experienced an especially tough sands of stars; 400,000 stars on the something that came together with—it loss—the retirement of its editorial re- World War II Memorial, and each one was clearly a bipartisan effort to put search director, Tom McAvoy. of those represents a young American the Patriot Act language together; it Tom is a native of Pueblo, Colorado. that went overseas in the great World was done so with the information that He graduated from Central High School War II and did not return; 400,000 Amer- we had at the time. Some of that infor- in 1964 and from CSU-Pueblo. After re- icans. Those are just a few that have mation was gathered in a hasty fash- ceiving a master’s degree in journalism served and given their lives. ion—the smoke was certainly rolling from Ohio State University in 1969, he Patriotism is a good thing. This Me- up out of Ground Zero in New York spent a year working in the AP’s Den- morial Day we praise those who served, while the Patriot Act was passed here ver bureau until he accepted a teaching and we praise the families of those who in the House of Representatives. position at his alma mater back in served. It was also passed with the idea that Pueblo, Colorado. And that’s just the way it is. it had sunsets on it so it required reau- During the summers, he worked part f thorization so that Congress would time in the Chieftain’s newsroom; and come back and have oversight over the in 1977, the position became full time. PAYING TRIBUTE TO RUSSELL authority that was granted in the Pa- When Tom began his career, these were SKINNER triot Act to do surveillance. For exam- the days of Woodward and Bernstein, (Mr. BRADY of Texas asked and was ple, roving wire taps. Clear back in the Hunter S. Thompson, and Gloria given permission to address the House 1980s it was understood with cell Steinem. Investigative reporting and for 1 minute.) phones that when investigators were gonzo journalism just don’t exist like Mr. BRADY of Texas. Our postman is investigating organized crime, for ex- that anymore. These were also the retiring this weekend. Normally that ample, the Mob had it figured out

VerDate Mar 15 2010 05:51 May 27, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.126 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3747 where they could pick up a cell phone, is the lone wolf exception. We have a Then during the course of an inves- use it for a while, dispose of it, go grab new war, a new enemy, new tactics. tigation, it’s well understood if we’re another cell phone, use it for a while The lone wolf is one actor acting alone. investigating a terrorist, if we get a and dispose of it. The old wiretap laws And if we get a tip, it may be at the lead that Khalid Sheikh Mohammed that would allow for a judge to grant a last minute, and we’ve got to go in for has a phone, we get his information, we warrant to tap a land line at, say, a national security reasons and find that are able to access records that are residence or a business of the suspected actor. That is an appropriate use of somehow connected to an alleged ter- mobster were archaic in the 1980s be- gaining this intelligence and informa- rorist—or now an admitted terrorist, cause of cell phone emergence, and so tion. Khalid Sheikh Mohammed—we have to Congress acted and provided for the Number two, roving wiretaps. We be able to have the means. Do we tip roving wiretap for investigations do- have changed from the days of tele- off someone like a Khalid Sheikh Mo- mestically. But it didn’t cover the in- phones being wired into the walls; now hammed that we’re looking at his vestigations that had to do with non- we use a cell phone. A lot of modern records? Of course not. That would be citizens and terrorist activities, and so terrorists will buy a thousand ‘‘go’’ absurd. that’s something that the Patriot Act phones. They’ll make one call, use a So, it’s a very different time and a addressed. cell phone, throw it away like it’s a very different war and we’re observing As I look at the components of the disposable phone, pick up another cell Fourth Amendment rights. Now, Patriot Act one after another, it comes phone, make another call. So we have Khalid Sheikh Mohammed is not an down to this: That the constitutional to have the ability to be able to go to American. He is not an American cit- protections that are there for the indi- whichever phone a potential alleged izen. He is not an American. But for viduals that are being investigated are terrorist may be using. Americans, when we are seeking a re- equal to or greater than those protec- Now the third exception is the busi- quest for a record of an American, the tions for American citizens in domestic ness records section; this is section 215. Federal agent first has to go and get investigations unrelated to terrorist This is the section that most people this approved by a judge. charges. So the roving wiretap is a have the greatest worries about. They I urge people, Mr. Speaker, go to my piece that was a natural, that had to be worry about the infringement of Facebook site. We have all of the docu- part of the Patriot Act, and it is. And Fourth Amendment rights. I worry ments up to verify and show all of the we also have the FISA courts, the spe- about that too. I spent all week this reasoning behind the Patriot Act. And again, this is a very important cial courts that evaluate the investiga- week going to Members who I felt discussion this evening. I want to tions and yield a judgment as to would oppose the Patriot Act. I went to thank my colleague STEVE KING for whether they’re in compliance. The na- people who are national voices who op- bringing this to people’s attention. It’s tional security letters, of which there pose the Patriot Act to find out what have only been about 300 requested na- a very important vote. I’ve spent all their concerns were, because I’m a law- week trying to get the basis for wheth- tional security letters—yes, there is a yer. I genuinely am concerned about confidentiality that’s attached to that. er the vote should be ‘‘yes’’ or the vote making sure that we never cross the should be ‘‘no,’’ and I have confidence If a Federal agent goes into an entity line as a Federal Government. this evening that it was the right vote and issues a national security letter, b 2010 to cast a ‘‘yes’’ vote. first of all, that’s reported later on to And again, I encourage anyone who is the court, and the individual or the Why? Because I think government is too big. I think we intervene too much interested to go to my Facebook site company that’s required to produce and get all of this documentation. Read that information is bound by confiden- in people’s lives. I certainly don’t want to give the government the unfettered for yourselves. Make up your mind. tiality for obvious reasons. If Osama But in my opinion, this passes con- bin Laden or Zarqawi or any of the right to go in and access my personal private records. This is what I know to stitutional muster. And I can assure plotting terrorists were planning every American I would not vote for be true about section 215 and why I against the United States, the subject this bill unless I thought it did pass could vote for it. of the investigation, they would be constitutional muster. Number one, no right of gaining ac- tipped off. They would be tipped off on Mr. KING of Iowa. Reclaiming my cess to records can be given unless a the national security letter request, time, and thanking the gentlelady which means the investigation would Federal agent goes to a judge first. from Minnesota for coming to the floor be blown up by that lack of confiden- They have to go to the FISA court. on short notice to add clarity to this tiality, the lone wolf piece of this. Also, there has to be a connection to discussion and this debate and having So there is piece after piece of the national security interests or to a for- the courage to stand up on these con- Patriot Act that has stood up very eign government. We’ve got that level stitutional principles. well. And one of the people that has of protection. When they go and make I have had it pointed out to me that stood up on this issue that understands these requests, of which there have the Fourth Amendment of the Con- this very thoroughly, and one of the been 300-some requests, then they can stitution limits the Patriot Act. It’s people who is on the Select Committee go and they can gain access to a the protection against unreasonable on Intelligence—which will prevent her record. search and seizure. Unreasonable. And from talking about some of the things Now, these are business records. these searches and seizures that have that are confidential because of the These aren’t records in my basement or been found to be reasonable, in many deep intelligence knowledge that goes your basement. These are records that cases by our Supreme Court across this on in a secure room in this Capitol—is a company has, like a phone company land, are very well settled law, and the my friend from Minnesota whom I or a bank, but they’re used in only the Patriot Act fits within the parameters would like to yield to, MICHELE limited case where a judge first grants of existing domestic surveillance. BACHMANN. permission. And I would add that this Congress Mrs. BACHMANN. I thank the gen- So what does that mean? has protected itself in this fashion: tleman from Iowa for yielding. That means that it is constitutional that the major components of this Pa- This is a very important issue and a in that the individual American’s due triot Act that have been extended are very important vote that we have just process rights are observed because a extended for 4 years. That means that taken here in the House Chamber. It is Federal agent first has to go to a judge, this Congress comes back again and dealing with the Patriot Act. We have a judge has to apply due process to evaluates the Patriot Act for constitu- had calls, we have had requests on our that request, and then from there then tional and functionality within this 4- Facebook, Twitter, and in our emails access can be given to records, not in year period of time, and it will require urging a ‘‘no’’ vote tonight on the Pa- an individual’s house but from a busi- reauthorization again. So we’re care- triot Act. I cast a ‘‘yes’’ vote on this ness. And then during the course of in- fully walking down this path making act. The Patriot Act did pass. This is vestigation—again, remembering, this sure that the abuses do not take place. why. This is an authorization for the is if there is a threat of a national se- And I, as a member of the Judiciary next several years in three areas. One curity incident only. Committee and as one who has gone up

VerDate Mar 15 2010 05:51 May 27, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.129 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3748 CONGRESSIONAL RECORD — HOUSE May 26, 2011 to the secure room and gone through a not occurring of these constitutional potential for abuse. I am hoping we can number of secure briefings that had to powers is to put sunsets, and that way deal with that. I also further hope that do with the functionality of the Pa- they come forward with the informa- those who were really upset or con- triot Act—it’s a requirement on some tion and those of us that have the secu- cerned will not just take demagogued of our parts here in this Congress to do rity clearances can go in. Now, not ev- statements, but will actually look into that. I have also made a pledge to a erybody who has security clearances this, as I have. number of other Members that I’ll keep has enough interest to go wading And I have spent no telling how an eye on these constitutional func- through this material like my friend many hours pouring through material, tions and the respect for this statute from Iowa and I have. classified material, pouring through that’s given by the Federal agents that But I think part of the problem has the laws, the interpretation of the are allowed to utilize the Patriot Act. been people have been confused with laws. These powers are basically the And that will be a never-ending vigi- the abuses that occurred, the out- same powers the FBI has, these three lance here in this Congress. It always rageous abuses that occurred with the that we renewed tonight, basically the is. And protecting constitutional rights national security letter power, which same powers the FBI has to go after or- is a never-ending vigilance. has been reined in some, still not ganized crime; and now they’re allowed One of the people who is very duly enough for my liking. And I really to do it with terrorism. vigilant who, when the rest of us take would like to rein in the national secu- They pertain to terrorists, or agents, a little break and catch some sleep at rity letter power even further because foreign agents of foreign powers. So if night, is back keeping his eye on the it is not required to go before a district they’re properly supervised, as I know functions of government, one of the re- judge like these powers that we ex- my friend from Iowa and I will do un- lentless and incessant providers of pro- tended tonight for 3 years. That’s less we get kicked off of the Judiciary tection of liberty and constitutional where the abuses were. That’s where Committee, but as long as we’re al- protection and one of the scholars on the IG report said they were. And so lowed to be there, and as unpleasant as the Constitution here is the gentleman that’s where a tremendous amount of some people find our positions at from Texas. vigilance needs to be placed in making times, we want to make sure there’s I’d be happy to yield such time as he sure that the Justice Department does adequate supervision. may consume to Mr. LOUIE GOHMERT. adequate vigilance themselves in not That’s what I intend to do. That’s Mr. GOHMERT. I thank my friend abusing the power they have. what I know my friend from Iowa in- from Iowa, my very dear friend. And I’m sure I didn’t make the Direc- tends to do. That is what our friend As my friend knows, he and I’ve both tor of the FBI very happy when I point- MICHELLE BACHMANN from Minnesota been extremely vigilant in following up ed this out to him in committee, but will do. That’s one of the most diligent on these issues. But I wanted to point it’s what I believe, and that is that this people I have ever seen in anything. out, there is a lot of confusion. There Director came in to the FBI and even- And I’m not sure there is another are people on television that are just tually implemented—he called it a 5- Member of Congress or the Senate that making these claims that the Constitu- year up-or-out policy. So that if you has a master’s in any area of law. She tion has been thrown away, and they were a supervisor in the FBI, of a field has a master’s in law. haven’t looked at how these three pro- office anywhere in the country, and So you have got people that are dili- visions that have been extended for 4 you did 5 years in that location, at the gent, that understand the law, have years were being used. end of 5 years, you had to either move studied it, and are looking into the al- Now, my first year here, 2005, we to Washington, move up to Wash- legations. I am comfortable with what were taking up the Patriot Act, and I ington, or get out of the FBI. Move we did tonight only to the extent that had concerns then. I still have con- out, basically. I know that there will be an awful lot cerns, because these things, these pow- more nights like I have had the last b 2020 ers, these three have been held con- two nights where I get 11⁄2, 2 hours stitutional, and I think they are. The We have lost thousands of years of sleep because there is so much to re- problem comes in the potential for experience from our FBI. Now, I know view, so much to cover, so much to abuse. what it is to be an aggressive pros- read because of this important respon- And the reason I ended up catching a ecutor, young, out of law school. Had a sibility we have been handed. lot of grief from some of the leaders in little more hair back then. And boy, we But I hope people understand Na- our party back in 2005 as a freshman are going to get the bad guys. There’s tional Security Letters have been the was I wanted to have sunsets on some something to be said for experience. area where there has been great abuse. provisions so that we could get lever- So it’s not been uncommon to have Supposedly that’s been reined in. But age, because as we saw from Attorney FBI field offices around the country go, the reason some of us on the Repub- General Gonzales, when he was head of for example, from having a supervisor lican side demanded sunsets on these is the Justice Department, and as we with 25 years of experience, he or she not because we think they are uncon- have seen with Attorney General Hold- had seen it, done it, been there, and stitutional, but because we have got to er, Departments of Justice are not very able to learn from mistakes, make wise have leverage to use with the Justice forthcoming no matter what party decisions, and yet because of the 5-year Department, no matter which party is they are when the Congress asks for in- up-or-out policy, they end up having to in power in the White House, to make formation. Now, they will say, Oh, leave because they’re not moving to sure that our freedoms are preserved yeah, we’ll give you whatever you Washington. And when they do, we and Congress can use its power, have need, but they’re not very forthcoming. have had offices, for example, come in power, have leverage that gets re- And it’s not until powers that they and the new supervisor has 5 or 6 years’ spected by the Justice Department. want to keep come up for sunset, that experience, the head supervisor. We go I appreciate my friend for yielding. they could go away and they need them from 25, 26 years to 5 or 6; it’s not good Mr. KING of Iowa. Reclaiming my renewed, and they know they need for the FBI. These are fantastic agents. time and thanking the gentleman from them renewed because they are helpful Take nothing away from their knowl- Texas, Judge Gohmert, who does do in keeping the country safe, but it’s edge and ability, but there is some- due diligence in this Congress, it oc- only then that they come forward and thing to be said for 25 years of experi- curs to me as I listen to the discussion say, Oh, by the way, what was it that ence as a law enforcement officer. We here and participate in it, that there you made in your request a year ago lost that. was a decided lack of enthusiasm for that we never did provide you? And As we lost that, we began to see these the Patriot Act on the part of Barack that basically happened back in 2004 vast abuses of the National Security Obama when he was a partisan Sen- and 2005. Letters. And people need to know that ator. The most liberal Senator by vot- And that was one of the reasons I was the National Security Letter power ing record out of the 100 Senators in pushing we’ve got to have sunsets, be- was not up for renewal tonight. It is the United States Senate, and that in- cause the only way to deal with these something I would like to address fur- cludes BERNIE SANDERS, the self-pro- issues and make sure the abuses are ther because it has such tremendous fessed socialist who voted somewhat to

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.130 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3749 the right of Barack Obama when they ing the position that it could not hap- subject matter that I understand the were in the Senate together. pen. My position is that if it had been gentleman from Texas is prepared to This candidate for President then, endemic, if it had been something that discuss. In this brief segue, and I ex- Barack Obama, had a position that was was systematically grinding through pect to yield so the gentleman from less than favorable towards this Pa- the civil rights of Americans or indi- Texas can take this subject matter up, triot Act, but as he became President, viduals that are in the United States but in this transition and in this week, sat down with his briefings, which I and under the protections of our laws I think it’s important that the House presume and hope are daily briefings, and our Constitution, we would know of Representatives and the American and he began to understand the threat some of those names, we would know people consider what has happened against the United States that exists some of those faces, we would under- with regard to especially the Middle domestically and abroad. His position stand those incidents. East. Having come back from a trip on the Patriot Act began to migrate. And one of the hardest things you through that area of the world and And perhaps as we speak now he is can do in this business is to try to ex- been briefed on a lot of our national se- picking up his pen to sign the Patriot plain something that is law without curity issues over in that part of the Act, the extensions of the three provi- putting a face on it; to try to explain a world, it comes to mind as I watched sions that were approved here tonight flaw that they argue might exist with- President Obama’s speech last week that extends them for a 4-year period in the Patriot Act without being able about the Global War on Terror and of time. to give an example or an anecdote to about his efforts from a tactical, a geo- That, Mr. Speaker, brings this back put that face on it so people can see by political and a diplomatic effort in the before this Congress. And it means also example how things work. Middle East, naming country after that all of the people that are utilizing We are only dealing with data here. country that have gone through the the Patriot Act within the sections 206, We are dealing with data here because Arab spring, as we now call it, the un- the roving wiretap; and 215, the busi- we don’t have the individual examples. rest in places like Egypt and Tunisia, ness records component of this; and They have not come forward. They and the list goes on. Certainly Libya is section 6001(a), the lone wolf compo- have not been identified, however part of this. As I read carefully nent, each of which were extended here mightily some have tried to produce through President Obama’s speech that by this Congress for 4 years, all of the them. So I support the extensions that I understand he delivered at the State Federal agents that would be utilizing we passed here tonight. It is something Department about a week ago or so, if these provisions will be very well that I have worked with here in this you take Israel out of the speech, the aware that Congress will be reviewing Congress into my ninth year. It’s very rest of it read like George W. Bush de- these provisions within 4 years of much something we have examined, I livering the Bush Doctrine. A lot of today. So they will be very careful I think, very thoroughly with hearing that philosophy I support, that if you think to comply with the law. And I after hearing, and intense debate, and give people an opportunity to grasp think this is a prudent extension rath- amendments that were offered, as well and achieve and succeed with the be- er than the effort to make it perma- as the secure briefings that take us ginnings of freedom, they’ll turn their nent. I think it’s prudent to tempo- much deeper into the practices of the focus from hatred and from terrorism rarily extend these provisions of the Patriot Act. towards building their communities, Patriot Act. So the three components that were their families and their countries and As the gentleman from Texas al- extended here tonight for 4 years, the towards commerce. That philosophy is luded, and I will just say I would like roving wiretaps, which are just abso- beginning to emerge with a level of to reiterate and emphasize this point, lutely necessary. If you can imagine success in Iraq, for example. It has of all of the things that we have heard Khalid Sheikh Mohammed running been a belief of George Bush and known and the things that we have heard up around, or Moussaoui running around as the Bush Doctrine for a long time. in the secure room from the classified the United States with a gym bag full As I listened to President Obama, who standpoint, the things that we have of disposable cell phones, using one for was critical of that approach and that heard before the Judiciary Committee a little while and tossing it in the doctrine and our involvement in places and the many hearings that we have trash, and then another and another like Iraq and Afghanistan, I would had, the challenge that was put out to- and another, you have got to be able to point out that he gave a Bush Doctrine wards President Bush in a partisan ef- switch and have the roving wiretap fol- speech, with the exception of Israel. fort, I think, to undermine the Patriot low the individual rather than follow a There, President Obama, I’ll say, broke Act before the last Presidential elec- single land line that might be there. the mold and went down a new path, a tion in November of 2008, all of those bit of a surprising path, unless you are efforts, not one individual was pro- b 2030 reading between the lines on his posi- duced who had had their constitutional It just makes simple sense. It existed tion on Israel in prior times, to make rights usurped. Not one. Not one had since the eighties for domestic inves- the argument that there would be a lost their constitutional rights under tigations of crime, including organized two-state solution between Israel and the Patriot Act. crime. the Palestinians, that the Palestinians It would seem to me that of all of the We have the business records compo- would have a single contiguous coun- encounters that have taken place nent of this, also extended for 4 years, try. Right now it’s either two pieces, under the Patriot Act for all these that allows those business records to West Bank and Gaza, or three pieces, years, if there had been serious abuses be accessed, to be able to look for pat- West Bank, Gaza and whatever their of people’s constitutional rights, we terns, patterns that would indicate the claim might be to the Golan Heights. If would have heard from an individual. acts, the planning of terrorism against you look at the map, it’s not possible And then a statement is made that, the American people. to tie together a contiguous Pales- well, we won’t know because we don’t We have the lone wolf provision, tinian state without severing Israel have access to these records, that they which says an agent of a foreign power, from its components. are all secret. Well, but the records are if that agent of a foreign power is oper- It was interesting, also, that Presi- reported to the FISA court, and the ating, under the suspicion that that’s dent Obama said, well, this is how we FISA court evaluates them. And the the case, they can go in and do inves- want to do this, a contiguous Pales- reason we know that those records tigations, that also is extended for 4 tinian state, a two-state solution, and exist is because there is a requirement years. the issue of Jerusalem, we’ll just set of the court reporting. But still, not an It was a difficult negotiation here in that aside for now but they have to go individual has come forward who has the House and in the Senate. It did back to the ’67 borders. That had to had their constitutional rights and come down to the last minute. Some- have caused a lot of Israelis and Amer- their civil rights abused. times here in Congress we can only do ican Jewish people and those of us who Now, that doesn’t mean I am not tak- things at the last minute. have a strong support and affinity for ing a position here, Mr. Speaker, that I would like to, Mr. Speaker, transi- Israel to take a deep breath and gasp it has not happened. And I am not tak- tion this subject matter into another and wonder what did the President

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.132 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3750 CONGRESSIONAL RECORD — HOUSE May 26, 2011 mean? Why did he throw all that confu- ISRAEL Imam Majid, the president, this listed sion into the situation in Israel? And The SPEAKER pro tempore. Under coconspirator, for his remarks and also the statement that he made resulted in the Speaker’s announced policy of Jan- to talk about how wonderful his prayer putting Israel at even greater risk, un- uary 5, 2011, the gentleman from Texas was at the White House Iftar celebra- dermining their security, making their (Mr. GOHMERT) will control the remain- tion last year, which is the celebration negotiating position less stable and en- der of the hour. in Islam that marks the end of the couraging more pushback from the Pal- Mr. GOHMERT. Thank you, Mr. fasting of Ramadan. estinian effort and their sympathizers Speaker, and I am so grateful that I And in the remarks, the deputy Na- and the terrorists that are part of the have such a dear friend from Iowa as tional Security Adviser of the United government, the Palestinians, who Mr. STEVE KING. There’s no price you States commented on the President refuse to acknowledge Israel’s right to can put on a dear friend like that. noting that this was really a continu- exist. You cannot negotiate with peo- Thank you. ation of the Iftar celebration that ple who are determined to annihilate I would like to continue on in this Thomas Jefferson had, once again, you, and as Binyamin Netanyahu said, discussion about the President’s marking that the President is not get- they’re not going to concede the stra- speech. I’m not quite sure what the ting good information about our Na- tegic locations that allow Israel to de- President had in mind when he decided tion’s history. There are not 57 States; we are not, fend itself. to rush over to the State Department and make a speech, when he knew the as the President said, producing more When Prime Minister Netanyahu Prime Minister of our dear ally, Israel, oil now than we ever have. You don’t spoke behind where I stand right now a was traveling to come to the United have to go back that far. We were pro- couple of days ago, I think it was an States. He knew that when he gave the ducing 9.6 million billion barrels a day, historic speech, I think that he laid out speech that the Prime Minister would and now we are producing 5.5. Do the the parameters that can allow the Jew- be at a great disadvantage. It was a math, if somebody will be honest ish State of Israel to survive and de- speech, as I understand it, that wasn’t enough to give the President the right fend itself against its enemies—and run by the Prime Minister, was quite a information. there are many—and I think he went surprise to him, and, in fact, when He says we never had more people on about as far as he could without openly there were hints that the President the border than we do right now. Some- challenging the President of the United might make the statements he did, body show the history of 1916 when a States who, by the way, had to walk there was a pleading not to do so. President—who I don’t have a great back some of his comments a few days deal of admiration for, Woodrow Wil- b 2040 after his speech. So I’m happy with son—knew that it was wrong to have a what has happened in the aftermath of I don’t know if those are stories or, Mexican bandit, or a bandit group led President Obama’s speech that I be- actually, how it occurred. That’s no by Pancho Villa come into the United lieve erroneously said that Israel would way to carry on international rela- States and be responsible for killing a have to go back to the pre-’67 war tions. It’s certainly no way to treat our handful of American citizens. boundaries. friends. It’s not hard to understand That was enough to motivate the that when it comes to international re- President at that time to call up some- But I want to, Mr. Speaker, as I turn lations, if you treat your enemies bet- thing new called the National Guard this floor over to the gentleman from ter than you treat your friends, then and to send General Pershing down Texas, say to you and here before the your friends will desire to be your en- there with over 10,000 troops to go into American people that that speech took emies, and you will get what you de- Mexico, root out the troublemakers— place here in the United States Con- sire. many were killed even though he didn’t gress because of the activism and the I don’t know what the people in the catch Pancho Villa, but the murders foresight and the effort of Congressman White House are thinking; this is a stopped. The intrusions into the United GOHMERT who put that request to- friend. You don’t do this to friends. So States across our sovereign border gether and got a lot of us to sign the he jumps out and goes to the State De- stopped. The 100,000-plus National letter of invitation and with that sup- partment where he has got a captive Guard troops that were placed on our port took it to Speaker BOEHNER who, audience. Well, I say captive, appar- border in 1916 made sure that the intru- as I understand it, issued the invita- ently from what’s on statements that sions stopped. tion, and the timing of it was impec- have been made, the president of the And by General Pershing going in, cable timing in the aftermath of Presi- Islamic Society of North America, they made sure that they were not dent Obama’s speech, and at the time which is a listed coconspirator in the going to want to come try that again. that there are critical issues taking Holy Land Foundation trial for funding That’s how you deal with domestic or place in the world, the Prime Minister Hamas, a terrorist organization, this foreign terrorism. You can’t try to love of Israel, Binyamin Netanyahu, stepped president of the listed coconspirator of people and you can love your enemies here on the floor of the United States funding, or in the Holy Land Founda- and in Christianity we are taught to do Congress and spoke before a joint ses- tion trial for funding Hamas, made that. And as individual Christians, sion of Congress, and the joint session comments about the speech because he that’s what we are supposed to do. of Congress that received him as a rep- had been invited to be in the inner But when we take an oath to defend resentative of Israel with the warmest sanctum of our State Department by this Constitution, when we have the re- of welcomes that anyone could ask for, this administration. sponsibility of an oath to defend this with instantaneous and spontaneous This administration, this President, Nation, to provide for the common de- standing ovations, two or three of chose to make a speech, basically slap- fense, then it is incumbent upon us to ping a friend in the face, and at the those before a word was uttered and provide for the common defense, and same time invite the president of a several more before there was any word we have a different standard for which listed coconspirator for funding ter- of substance uttered, the warmth and we have to answer. rorism to be in attendance so he could So, yes, Christians are supposed to the bond and the commitment to stand talk about how wonderful the speech love one another. But the government’s up and support Israel not just in spirit, was. The same Imam Majid, the presi- responsibility, as noted in Romans 13, not just politically, but tactically and dent of the Islamic Society of North is, as the scripture tells, someone monetarily as well, was clearly dem- America that we find from reading the tempted to do evil. If you do evil, be onstrated here in the joint session of transcript of the speech that the num- afraid, because God does not give the Congress. That is thanks to the gen- ber two person in the National Secu- government the sword in vain. tleman from Texas. rity Administration, the deputy Na- We have a responsibility to provide And so, Mr. Speaker, as I wrap this tional Security Adviser, said this for a free society and a safe society up, I would thank you for your atten- spring, as he addressed the All Dulles where people will be free to love each tion and your indulgence, and I would Area Muslim Society, which they like other and to make free choices. And, yield back the balance of my time. to call ADAMS, for short, he thanked yes, when there is a religion that has

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.134 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3751 been hijacked by radicals that says you he really meant because he had time to learned from his mistake on Thursday, give people freedom of choice, that’s massage the words he said. supposedly. He says that it should re- wrong, we need to have a caliphate. We I think it is helpful to look at a map sult in two states with permanent Pal- need to have a religious leader that of Israel right now. This is the West estinian borders with Israel, Jordan, tells everybody what they can do. That Bank where Palestinians are located, and Egypt. Well, you’ve got the Gaza way we avoid all the debauchery that but it’s under the control, ultimately, Strip that Israel unilaterally gave you can see on any evening news in of Israel right now. This was originally back, and now they have suffered thou- America. Israel’s territory after 1967. This down sands and thousands of rockets, ter- The trouble is, God gave us freedom here is the Sinai Peninsula where rorism, and death as a result of that of choice. We can choose well or we can Egypt is now. generous gift of the Gaza Strip back. If choose poorly, and the government After Israel was attacked you’ll just leave us alone, we’ll give ought to ensure, any government ought unprovoked, Israel defended itself and you this wonderful strip. They gave it to ensure that people have that oppor- took the Sinai Peninsula, took over back. People cried peace, peace, but tunity to do that as well. the West Bank, took over Jerusalem, there was no peace. There is no peace So, after the President’s speech, and took over the Golan Heights up now. They’re still ready—if you’ll just which basically amounted to a slap in here. And that was a defensible state. leave us alone—to make peace. the face of the leader of our friend, But Israel—and I didn’t really under- But under the President’s words, gee, Israel, after the inaccurate representa- stand it fully until I went to Israel for he uses the statement, in a sovereign tion by the White House that, gee, this the first time. I couldn’t understand, contiguous state. Well, Palestinians is where all the talks have always Why do you guys not get it, that when have the Gaza Strip and they are occu- started, well, not exactly. That was the you unilaterally give away land trying pying the West Bank. For that to be point to which the Clinton administra- to buy peace, you lose the land and you contiguous, there’s only one of two tion pushed Prime Minister Barak, provide a staging area from which you things that can happen, and that is, if when he was the Prime Minister of are ultimately attacked again? you cut Israel up, or you give all of Israel and, who knows, God knows, I But once I had been in Israel and I this area to the Palestinians that are think God hardened Arafat’s heart so saw locations of families and friends now completely in signed agreement that when the Clinton administration being blown up by suicide bombers, saw with a terrorist group, Hamas, then had pushed Prime Minister Barak, the location of children and families you give all of this for the use of a ter- what I think was far too far, which that were killed, terrorized by rockets, rorist group, Hamas. And so then that would have made Israel indefensible by now about 12,000 of them, I understood would fulfill the President’s desire as any conventional means when Arafat a little better. They are so tired of he had time to massage it and think had basically everything that he want- being terrorized and losing friends and about it, giving all of this land to ed, except the extinction of Israel, Ara- family that they’re willing to say, Hamas, Palestinians, all of this area up fat’s heart was hardened and he said, Look, we’ll give you this area up here here. no, I am not entering the deal, thank in Lebanon that we were able to con- Well, but wait a minute. He said that goodness for Israel. So Israel remained trol after the ’67 war when you at- after he described the borders that we a defensible Nation. tacked us, we will give it back to you would demand for the Palestinians, he Now, when the White House, when if you’ll just leave us alone. said they would have a border with the President tried to walk back his Patrick Henry said, People cry, Egypt and with Jordan, comes clear up comments and explain—and as some- peace, peace, but there is no peace. here, and that Israel would have per- one besides me has said before, when Israel wanted peace, so they gave away manent Israeli borders with Palestine. you hear someone say what I said was, northern Israel, what’s now colored as Well, he described the borders he want- it normally means that it isn’t what part of Lebanon. And so it wasn’t but a ed for the Palestinians. So his massage they said. It’s them trying to get a bet- few years ago Lebanon starts attack- words, it seems, would mean that for ter twist than actually was the words ing, comes across the border, takes Israel to only have borders with the that were said. hostages, attacks Israel from the very Palestinians, you also have to give Pal- But in the President’s speech, where area which Lebanon had been given in estine up here into Lebanon so that he tried to massage the words that he Israel’s unilateral quest for peace. you have this little area, this little had given on Thursday, the President’s Now, during the times before they strip left for Israel, because that’s word, and I have got a transcript of his controlled the Golan Heights, this area what the President said. speech here, President Obama said, is quite high. It overlooks the Sea of After he had days to think about his ‘‘The United States believes that nego- Galilee and the Jordan River. And it mistake on Thursday, this is the best tiations should result in two states, was real easy to just lob artillery that he can do? We’re going to give with permanent Palestinian borders shells from the Golan Heights into Israel a little strip? with Israel, Jordan, and Egypt, and Israel, terrorizing farmers and killing. And, by the way, can you imagine if permanent Israeli borders with Pal- It was indefensible. So by the grace of Canada or Russia or China, one of their estine.’’ God, after they were attacked, they leaders, made a speech and said, United He goes on and says, ‘‘The Pales- took the Golan Heights, and they still States, by the way, we think you ought tinian people must have the right to hold them. And it is an area that by to give away Arizona? You know, govern themselves and reach their po- holding they can avoid having cheap you’ve got drug smugglers up there; it tential in a sovereign and contiguous mortars that are a lot cheaper than would be a lot safer. You basically let state.’’ rockets just being lobbed over into them have it anyway. Why don’t you So this is the President’s speech after their settled areas, their civilized just give it to the drug smugglers? he has been chastised by so many in his areas, killing and terrorizing all the Can you imagine that? Well, that’s own party and so many across America more. the interdiction of a meddling Presi- who apparently are better friends to The West Bank—my hats go off to dent. He is trying to tell another sov- Israel than our President. He has had Prime Minister Fayyad for the efforts ereign state where they can have their time to think about it, to pour over he has made in trying to bring up the borders and where they can’t. That is and make sure he doesn’t make a mis- West Bank and the Palestinian areas. I not what you do to a friend. take of saying something this time was critical because Palestinians have And I know that we’re winding down that he doesn’t mean. received billions of dollars, and yet to the minutes, and I know that some they have not been building homes for people have been taught or b 2050 the rank-and-file refugees, which seems miseducated about our history. Well, So if we want to give the President to indicate to me they wanted to keep we are not going to be in session here the benefit of the doubt that he made fomenting hatred toward the Jews, to- on June 6. June 6 is the anniversary of mistakes on what he said Thursday, ward the Israelis. D-day, when we lost thousands and then let’s look at what he said this Now let’s take the President’s words thousands of Americans who were try- past weekend, and that should be what that he had time to massage. He ing to retake a beachhead in Europe

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.136 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3752 CONGRESSIONAL RECORD — HOUSE May 26, 2011 and eliminate the horrible force that rows that may come, to impart our the fiscal year ending September 30, 2011, and was taking away freedoms and killing 6 courage unto our sons wheresoever for other purposes. million Jews. they may be. Karen L. Haas, Clerk of the House And so to conclude tonight, Mr. ‘‘And, O Lord, give us faith. Give us further reports that on May 2, 2011 she Speaker, I want to read a prayer. Since faith in Thee; faith in our sons; faith in presented to the President of the we are not going to be in session on each other; faith in our united crusade. United States, for his approval, the fol- June 6, I want to read the prayer that Let not the keenness of our spirit ever lowing bill. Franklin Delano Roosevelt read live on be dulled. Let not the impacts of tem- H.R. 1308. To amend the Ronald Reagan national radio on June 6, 1944. porary events, of temporal matters of Centennial Commission Act to extend the President Roosevelt said these words: but fleeting moment—let not these termination date for the Commission, and ‘‘My fellow Americans, last night, deter us in our unconquerable purpose. for other purposes. when I spoke with you about the fall of ‘‘With Thy blessing, we shall prevail f Rome, I knew at that moment that over the unholy forces of our enemy. ADJOURNMENT troops of the United States and our Al- Help us to conquer the apostles of Mr. GOHMERT. Mr. Speaker, I move lies were crossing the Channel in an- greed and racial arrogances. Lead us to that the House do now adjourn. other and greater operation. It has the saving of our country, and with our The motion was agreed to; accord- come to pass with success thus far. And sister nations into a world unity that ingly (at 9 o’clock and 4 minutes p.m.), so, in this poignant hour, I ask you to will spell a sure peace—a peace invul- under its previous order, the House ad- join with me in prayer.’’ nerable to the schemings of unworthy journed until tomorrow, Friday, May And then Roosevelt’s prayer begins: men. And a peace that will let all of 27, 2011, at 10 a.m. ‘‘Almighty God: Our sons, pride of men live in freedom, reaping the just f our Nation, this day have set upon a rewards of their honest toil. mighty endeavor, a struggle to pre- ‘‘Thy will be done, Almighty God, EXECUTIVE COMMUNICATIONS, serve our Republic, our religion, and Amen.’’ ETC. our civilization, and to set free a suf- The words of Franklin D. Roosevelt Under clause 2 of rule XIV, executive fering humanity. Lead them straight on D-day, June 6, 1944. communications were taken from the and true; give strength to their arms, Mr. Speaker, with that, I yield back Speaker’s table and referred as follows: stoutness to their hearts, steadfastness the balance of my time. 1688. A letter from the Acting Director, Of- in their faith. f fice of Sustainable Fisheries, NMFS, Na- ‘‘They will need Thy blessings. Their tional Oceanic and Atmospheric Administra- road will be long and hard. For the LEAVE OF ABSENCE tion, transmitting the Administration’s final enemy is strong. He may hurl back our By unanimous consent, leave of ab- rule — Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery forces. Success may not come with sence was granted to: rushing speed, but we shall return Off the Southern Atlantic States; Closure of Mr. OWENS (at the request of Ms. the Penaeid Shrimp Fishery Off South Caro- again and again; and we know that by PELOSI) for today after 2:30 p.m. on ac- lina [Docket No.: 930792-3265] (RIN: 0648- Thy grace, and by the righteousness of count of a family emergency. XA305) received April 20, 2011, pursuant to 5 our cause, our sons will triumph. They f U.S.C. 801(a)(1)(A); to the Committee on Nat- will be sore tried, by night and by day, ural Resources. without rest—until the victory is won. SENATE CONCURRENT 1689. A letter from the Acting Director, Of- The darkness will be rent by noise and RESOLUTION REFERRED fice of Sustainable Fisheries, NMFS, Na- flame. Men’s souls will be shaken with tional Oceanic and Atmospheric Administra- A concurrent resolution of the Sen- tion, transmitting the Administration’s final the violences of war. ate of the following title was taken rule — Fisheries of the Caribbean, Gulf of b 2100 from the Speaker’s table and, under Mexico, and South Atlantic; Coastal Migra- the rule, referred as follows: tory Pelagic Resources of the Gulf of Mexico ‘‘For these men are lately drawn and South Atlantic; Closure [Docket No.: from the ways of peace. They fight not S. Con. Res. 13. Concurrent resolution hon- oring the service and sacrifice of members of 001005281-0369-02] (RIN: 0648-XA01) received for the lust of conquest. They fight to the United States Armed Forces who are May 2, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); end conquest. They fight to liberate. serving in, or have served in, Operation En- to the Committee on Natural Resources. They fight to let justice arise, and tol- during Freedom, Operation Iraqi Freedom, 1690. A letter from the Acting Director, Of- erance and goodwill among all Thy and Operation New Dawn; to the Committee fice of Sustainable Fisheries, NMFS, Na- people. They yearn but for the end of on Armed Services; in addition, to the Com- tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s final battle, for their return to the haven of mittee on Veterans’ Affairs for a period to be subsequently determined by the Speaker, in rule — Fisheries of the Exclusive Economic home. Zone Off Alaska; Pollock in the West Yak- ‘‘Some will never return. Embrace each case for consideration of such provi- sions as fall within the jurisdiction of the utat District of the Gulf of Alaska [Docket these, Father, and receive them, Thy committee concerned. No.: 101126522-0640-02] (RIN: 0648-XA362) re- heroic servants, into Thy kingdom. ceived May 2, 2011, pursuant to 5 U.S.C. And for us at home—fathers, mothers, f 801(a)(1)(A); to the Committee on Natural children, wives, sisters, and brothers of SENATE ENROLLED BILL SIGNED Resources. 1691. A letter from the Acting Director, Of- brave men overseas, whose thoughts The SPEAKER announced his signa- fice of Sustainable Fisheries, NMFS, Na- and prayers are ever with them—help ture to an enrolled bill of the Senate of tional Oceanic and Atmospheric Administra- us, Almighty God, to rededicate our- the following title: tion, transmitting the Administration’s final selves in renewed faith in Thee in this rule — Fisheries of the Northeastern United S. 990. An act to provide for an additional States; Northeast Multispecies Fishery; Trip hour of great sacrifice. temporary extension of programs under the Limit Adjustments for the Common Pool ‘‘Many people have urged that I call Small Business Act and the Small Business Fishery [Docket No.: 0910051338-0151-02] (RIN: the Nation into a single day of special Investment Act of 1958, and for other pur- 0648-XA304) received May 2, 2011, pursuant to prayer. But because the road is long poses. 5 U.S.C. 801(a)(1)(A); to the Committee on and the desire is great, I ask that our f Natural Resources. people devote themselves in a continu- 1692. A letter from the Acting Director, Of- ance of prayer. As we rise to each new BILLS PRESENTED TO THE fice of Sustainable Fisheries, NMFS, Na- day, and again when each day is spent, PRESIDENT tional Oceanic and Atmospheric Administra- let words of prayer be on our lips, in- Karen L. Haas, Clerk of the House re- tion, transmitting the Administration’s final voking Thy help to our efforts. ports that on April 15, 2011 she pre- rule — Fisheries of the Exclusive Economic ‘‘Give us strength, too—strength in sented to the President of the United Zone Off Alaska; Pacific Cod by Catcher Ves- our daily tasks, to redouble the con- sels Using Trawl Gear in the Bering Sea and States, for his approval, the following Aleutian Islands Management Area [Docket tributions we make in the physical and bill. No.: 101126521-0640-02] (RIN: 0648-XA347) re- the material support of our Armed H.R. 1473. Making appropriations for the ceived May 2, 2011, pursuant to 5 U.S.C. Forces. And let our hearts be stout, to Department of Defense and the other depart- 801(a)(1)(A); to the Committee on Natural wait out the long travail, to bear sor- ments and agencies of the Government for Resources.

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K26MY7.137 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3753 1693. A letter from the Acting Director, Of- Directives; Airbus Model A340-200 and -300 1958, and for other purposes (Rept. 112–92). fice of Sustainable Fisheries, NMFS, Na- Series Airplanes [Docket No.: FAA-2011-0256; Referred to the House Calendar. tional Oceanic and Atmospheric Administra- Directorate Identifier 2010-NM-114-AD; f tion, transmitting the Administration’s final Amendment 39-16645; AD 2011-07-08] (RIN: rule — Fisheries of the Northeastern United 2120-AA64) received May 5, 2011, pursuant to PUBLIC BILLS AND RESOLUTIONS States; Summer Flounder Fishery; Quota 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public Transfer [Docket No.: 101029427-0609-02] (RIN: Transportation and Infrastructure. bills and resolutions of the following 0648-XA338) received May 2, 2011, pursuant to 1702. A letter from the Program Analyst, titles were introduced and severally re- 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Natural Resources. the Department’s final rule — Airworthiness ferred, as follows: 1694. A letter from the Deputy Assistant Directives; Fokker Services B.V. Model F.28 By Mr. SHULER (for himself, Mr. Administrator for Operations, NMFS, Na- Mark 1000, 2000, 3000, and 4000 Airplanes ALTMIRE, Mr. KISSELL, Mr. ROSS of tional Oceanic and Atmospheric Administra- [Docket No.: FAA-2010-1304; Directorate Arkansas, Mr. BILBRAY, Mr. BURTON tion, transmitting the Administration’s final Identifier 2010-NM-254-AD; Amendment 39- of Indiana, Mrs. CAPITO, Mr. COFFMAN rule — Pacific Halibut Fisheries; Limited 16644; AD 2011-07-07] (RIN: 2120-AA64) received of Colorado, Mr. DAVIS of Kentucky, Access for Guided Sport Charter Vessels in May 5, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); Mr. DUNCAN of Tennessee, Mr. GER- Alaska [Docket No.: 110325225-1224-02] (RIN: to the Committee on Transportation and In- LACH, Mr. GINGREY of Georgia, Mr. 0648-BA96) received May 2, 2011, pursuant to frastructure. JONES, Mr. MARCHANT, Mr. MCCAUL, 5 U.S.C. 801(a)(1)(A); to the Committee on 1703. A letter from the Program Analyst, Mrs. MYRICK, Mr. GARY G. MILLER of Natural Resources. Department of Transportation, transmitting California, Mr. ROYCE, Mr. YOUNG of 1695. A letter from the Acting Director, Of- the Department’s final rule — Airworthiness Florida, Mr. ROE of Tennessee, Mr. fice of Sustainable Fisheries, NMFS, Na- Directives; Eurocopter France (Eurocopter) LEWIS of California, Mr. GUINTA, Mr. tional Oceanic and Atmospheric Administra- Model EC130 B4 Helicopters [Docket No.: MCINTYRE, Mr. CARTER, Mr. CALVERT, tion, transmitting the Administration’s final FAA-2011-0212; Directorate Identifier 2010- Mr. YOUNG of Alaska, Mr. ROHR- rule — Fisheries Off West Coast States; SW-055-AD; Amendment 39-16632; AD 2011-06- ABACHER, Mr. MANZULLO, Mr. SES- Modifications of the West Coast Commercial 07] (RIN: 2120-AA64) received May 5, 2011, pur- SIONS, Mr. LAMBORN, Mr. VISCLOSKY, and Recreational Salmon Fisheries; Inseason suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. FORTENBERRY, Mr. BACHUS, Mr. Actions #1, #2, #3, and #4 [Docket No.: mittee on Transportation and Infrastruc- MCHENRY, Mr. BARLETTA, Mr. MATHE- 100218107-0199-01] (RIN: 0648-XA293) received ture. SON, and Mr. NUNNELEE): May 2, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); 1704. A letter from the Program Analyst, H.R. 2000. A bill to provide immigration re- to the Committee on Natural Resources. Department of Transportation, transmitting form by securing America’s borders, clari- 1696. A letter from the Management and the Department’s final rule — Airworthiness fying and enforcing existing laws, and ena- Program Analyst, Department of Homeland Directives; Bombardier, Inc. Model CL-600- bling a practical employer verification pro- Security, transmitting the Department’s 2B19 (Regional Jet Series 100 & 440) Air- gram; to the Committee on Homeland Secu- final rule — Documents Acceptable for Em- planes, CL-600-2C10 (Regional Jet Series 700, rity, and in addition to the Committees on ployment Eligibility Verification [CIS No.: 701, & 702) Airplanes, CL-600-2D15 (Regional the Judiciary, Ways and Means, Education 2441-08; Docket No.: USCIS-2008-0001] (RIN: Jet Series 705) Airplanes, and CL-600-2D24 and the Workforce, Oversight and Govern- 1615-AB69) received April 20, 2011, pursuant to (Regional Jet Series 900) Airplanes [Docket ment Reform, Armed Services, Agriculture, 5 U.S.C. 801(a)(1)(A); to the Committee on the No.: FAA-2010-0703; Directorate Identifier and Natural Resources, for a period to be Judiciary. 2010-NM-040-AD; Amendment 39-16633; AD subsequently determined by the Speaker, in 1697. A letter from the Deputy Assistant 2011-06-08] (RIN: 2120-AA64) received May 5, each case for consideration of such provi- Administrator, office of Diversion Control, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the sions as fall within the jurisdiction of the Department of Justice, transmitting the De- Committee on Transportation and Infra- committee concerned. partment’s final rule — Self-Certification structure. By Mr. BILIRAKIS: and Employee Traning of Mail-Order Dis- 1705. A letter from the Program Analyst, H.R. 2001. A bill to amend the Internal Rev- tributors of Scheduled Listed Chemical Department of Transportation, transmitting enue Code of 1986 to prevent the payment of Products [Docket No.: DEA-347I] (RIN: 1117- the Department’s final rule — Airworthiness unemployment compensation to individuals AB30) received May 2, 2011, pursuant to 5 Directives; Airbus Model A310 Series Air- discharged for drug or alcohol use; to the U.S.C. 801(a)(1)(A); to the Committee on the planes, and Airbus Model A300 B4-600, B4- Committee on Ways and Means. Judiciary. 600R, and F4-600R Series Airplanes, and By Mr. CHAFFETZ: 1698. A letter from the Program Analyst, H.R. 2002. A bill to amend title 38, United Model C4-605R Variant F airplanes (Collec- Department of Transportation, transmitting States Code, to permit disabled or injured tively Called A300-600 Series Airplanes) the Department’s final rule — Airworthiness members of the Armed Forces to transfer [Docket No.: FAA-2010-1162; Directorate Directives; Bombardier, Inc. Model BD-100- Post 9/11 Educational Assistance benefits Identifier 2010-NM-099-AD; Amendment 39- 1A10 (Challenger 300) Airplanes [Docket No.: after retirement, and for other purposes; to 16634; AD 2011-06-09] (RIN: 2120-AA64) received FAA-2010-1200; Directorate Identifier 2010- the Committee on Veterans’ Affairs. May 5, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); NM-136-AD; Amendment 39-16647; AD 2011-07- By Mr. DEFAZIO (for himself, Mr. to the Committee on Transportation and In- 10] (RIN: 2120-AA64) received May 5, 2011, pur- BRALEY of Iowa, and Mr. HOLT): frastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 2003. A bill to amend the Internal Rev- mittee on Transportation and Infrastruc- f enue Code of 1986 to impose a tax on trans- ture. actions in oil futures, options, and swaps, 1699. A letter from the Program Analyst, REPORTS OF COMMITTEES ON and for other purposes; to the Committee on Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS Ways and Means, and in addition to the Com- the Department’s final rule — Airworthiness Under clause 2 of rule XIII, reports of mittee on Agriculture, for a period to be sub- Directives; Piper Aircraft, Inc. (Type Certifi- committees were delivered to the Clerk sequently determined by the Speaker, in cate Previously Held by The New Piper Air- for printing and reference to the proper each case for consideration of such provi- craft, Inc.) Models PA-46-310P, PA-46-350P, sions as fall within the jurisdiction of the and PA-46R-350T Airplanes [Docket No.: calendar, as follows: committee concerned. FAA-2010-1295; Directorate Identifier 2010- Mr. HALL: Committee on Science, Space, By Mr. BERMAN: CE-060-AD; Amendment 39-16635; AD 2011-06- and Technology. H.R. 1425. A bill to reau- H.R. 2004. A bill to authorize the President 10] (RIN: 2120-AA64) received May 5, 2011, pur- thorize and improve the SBIR and STTR pro- to control the transfer of goods, services, suant to 5 U.S.C. 801(a)(1)(A); to the Com- grams, and for other purposes; with an technology, and software to protect the na- mittee on Transportation and Infrastruc- amendment (Rept. 112–90, Pt. 1). Ordered to tional security, and to promote the foreign ture. be printed. policy, of the United States, and for other 1700. A letter from the Program Analyst, Mr. ADERHOLT: Committee on Appropria- purposes; to the Committee on Foreign Af- Department of Transportation, transmitting tions. H.R. 2017. A bill making appropria- fairs, and in addition to the Committee on the Department’s final rule — Airworthiness tions for the Department of Homeland Secu- Oversight and Government Reform, for a pe- Directives; Pratt & Whitney JT8D-209, -217, rity for the fiscal year ending September 30, riod to be subsequently determined by the -217A, -217C, and -219 Series Turbofan En- 2012, and for other purposes (Rept. 112–91). Speaker, in each case for consideration of gines [Docket No.: FAA-2010-0452; Direc- Referred to the Committee of the Whole such provisions as fall within the jurisdic- torate Identifier 98-ANE-80-AD; Amendment House on the State of the Union. tion of the committee concerned. 39-16639; AD 2011-07-02] (RIN: 2120-AA64) re- Mr. DREIER: Committee on Rules. House By Mr. SMITH of New Jersey (for him- ceived May 5, 2011, pursuant to 5 U.S.C. Resolution 281. Resolution providing for con- self and Mr. DOYLE): 801(a)(1)(A); to the Committee on Transpor- sideration of the Senate amendment to the H.R. 2005. A bill to reauthorize the Com- tation and Infrastructure. House amendment to the bill (S. 990) to pro- bating Autism Act of 2006; to the Committee 1701. A letter from the Program Analyst, vide for an additional temporary extension on Energy and Commerce. Department of Transportation, transmitting of programs under the Small Business Act By Mr. SMITH of New Jersey (for him- the Department’s final rule — Airworthiness and the Small Business Investment Act of self and Mr. DOYLE):

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\L26MY7.000 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3754 CONGRESSIONAL RECORD — HOUSE May 26, 2011

H.R. 2006. A bill to establish a National Au- children in foster care; to the Committee on Mr. ELLISON, Mr. SIRES, Mr. tism Spectrum Disorders Initiative, and for Ways and Means, and in addition to the Com- BUTTERFIELD, Ms. BROWN of Florida, other purposes; to the Committee on Energy mittee on Education and the Workforce, for Mr. COHEN, Ms. SCHAKOWSKY, Mr. and Commerce. a period to be subsequently determined by PAYNE, Mr. RANGEL, Mr. BACA, Ms. By Mr. SMITH of New Jersey (for him- the Speaker, in each case for consideration MOORE, Mr. MEEKS, and Mrs. self and Mr. DOYLE): of such provisions as fall within the jurisdic- CHRISTENSEN): H.R. 2007. A bill to establish programs to tion of the committee concerned. H.R. 2019. A bill to prevent and remedy dis- provide services to individuals with autism By Mr. NUNES: crimination with respect to federally funded and the families of such individuals, and to H.R. 2013. A bill to empower States with transportation projects, programs, and ac- increase public education and awareness of programmatic flexibility and financial pre- tivities, and for other purposes; to the Com- autism, and for other purposes; to the Com- dictability to improve their Medicaid pro- mittee on Transportation and Infrastruc- mittee on Energy and Commerce. grams and State Children’s Health Insurance ture, and in addition to the Committee on By Mr. ISSA (for himself, Mr. COLE, Programs by ensuring better health care for the Judiciary, for a period to be subse- Mr. GRAVES of Missouri, Mr. AMASH, low-income pregnant women, children, and quently determined by the Speaker, in each Mr. GOWDY, Mr. LANKFORD, Mr. ROSS families, and for elderly individuals and dis- case for consideration of such provisions as of Florida, Mr. MCHENRY, Mr. abled individuals in need of long-term care fall within the jurisdiction of the committee WALBERG, and Mr. KELLY): services and supports, whose income and re- concerned. H.R. 2008. A bill to amend title 41, United sources are insufficient to meet the costs of By Mr. BURGESS (for himself, Ms. States Code, to prohibit inserting politics necessary medical services; to the Com- BERKLEY, Mrs. MYRICK, Ms. into the Federal acquisition process by pro- mittee on Energy and Commerce, and in ad- SCHWARTZ, Mr. SESSIONS, Mr. RAN- hibiting the submission of political contribu- dition to the Committees on Ways and GEL, Mr. GENE GREEN of Texas, and tion information as a condition of receiving Means, Education and the Workforce, House Mrs. MCMORRIS RODGERS): a Federal contract; to the Committee on Administration, Natural Resources, the Ju- H.R. 2020. A bill to amend title XVIII of the Oversight and Government Reform. diciary, Rules, and Appropriations, for a pe- Social Security Act to improve access to, By Mr. BILBRAY (for himself, Mr. riod to be subsequently determined by the and utilization of, bone mass measurement ISSA, Mr. MORAN, Mr. BOREN, and Mr. Speaker, in each case for consideration of benefits under the Medicare part B program HUNTER): such provisions as fall within the jurisdic- by extending the minimum payment amount H.R. 2009. A bill to amend the Clean Air tion of the committee concerned. for bone mass measurement under such pro- Act to define next generation biofuel, and to By Mr. CARTER (for himself, Mr. gram through 2013; to the Committee on En- allow States the option of not participating BOREN, and Mr. ROGERS of Alabama): ergy and Commerce, and in addition to the in the corn ethanol portions of the renewable H.R. 2014. A bill to encourage greater use of Committee on Ways and Means, for a period fuel standard due to conflicts with agricul- propane as a transportation fuel, to create to be subsequently determined by the Speak- tural, economic, energy, or environmental jobs, and for other purposes; to the Com- er, in each case for consideration of such pro- goals; to the Committee on Energy and Com- mittee on Ways and Means. visions as fall within the jurisdiction of the merce. By Mr. FATTAH: committee concerned. By Mr. PAULSEN (for himself, Mr. H.R. 2015. A bill to establish the Commis- By Mr. GARDNER (for himself, Mr. TIBERI, Ms. GRANGER, Mr. sion on American Discoveries and American GENE GREEN of Texas, Mr. POMPEO, CULBERSON, Mr. BURTON of Indiana, Jobs to study and recommend improvements Mr. SHIMKUS, Mr. SCALISE, Mr. BUR- Mr. FRANKS of Arizona, Mr. to the federal funding of research; to the GESS, Mr. TERRY, Mr. PITTS, Mr. MCHENRY, Mr. FLEMING, Mr. GAR- Committee on Science, Space, and Tech- KINZINGER of Illinois, Mr. GRIFFITH of RETT, Mr. GOHMERT, Ms. HERRERA nology. Virginia, Mr. OLSON, and Mrs. BEUTLER, Mr. LUETKEMEYER, Mr. By Mrs. MALONEY (for herself, Mr. MCMORRIS RODGERS): DANIEL E. LUNGREN of California, Mr. DUNCAN of Tennessee, Mr. COSTA, Mr. H.R. 2021. A bill to amend the Clean Air MANZULLO, Mr. PEARCE, Mr. MCGOVERN, Mr. GRIJALVA, and Mrs. Act regarding air pollution from Outer Con- CHAFFETZ, Mr. PAUL, Mr. ROSKAM, MCCARTHY of New York): tinental Shelf activities; to the Committee Mrs. LUMMIS, Mrs. MCMORRIS ROD- H.R. 2016. A bill to amend the Higher Edu- on Energy and Commerce. GERS, Mr. WESTMORELAND, Mr. BRADY cation Act of 1965 to improve education and By Ms. BASS of California: of Texas, Mr. DENT, Mrs. BIGGERT, prevention related to campus sexual vio- H.R. 2022. A bill to authorize the Secretary Mr. LANCE, and Mr. ROONEY): lence, domestic violence, dating violence, of Health and Human Services to conduct a H.R. 2010. A bill to amend the Internal Rev- and stalking; to the Committee on Edu- study on the recruitment and retention of enue Code of 1986 to improve access to health cation and the Workforce. foster parents in the United States; to the care through expanded health savings ac- By Mr. ADERHOLT: Committee on Ways and Means. counts, and for other purposes; to the Com- H.R. 2017. A bill making appropriations for By Mr. BURTON of Indiana (for him- mittee on Ways and Means, and in addition the Department of Homeland Security for self, Mr. LAMBORN, Mr. FORBES, Mr. to the Committees on the Judiciary, and En- the fiscal year ending September 30, 2012, and JONES, Mr. WESTMORELAND, Mr. ergy and Commerce, for a period to be subse- for other purposes. TERRY, Mr. MCCOTTER, Mr. FRANKS of quently determined by the Speaker, in each By Mr. MICA (for himself, Mr. RAHALL, Arizona, Mr. SIMPSON, Mr. GARRETT, case for consideration of such provisions as Mr. SHUSTER, Mrs. CAPITO, Mr. and Mr. BARTON of Texas): fall within the jurisdiction of the committee COBLE, Mr. BARLETTA, Mr. LANDRY, H.R. 2023. A bill to amend the Revised concerned. Mr. DUNCAN of Tennessee, Mr. Statutes of the United States to prevent the By Mr. LAMBORN (for himself, Mr. BUCSHON, Mr. CRAWFORD, Mr. GRAVES use of the legal system in a manner that ex- HASTINGS of Washington, Mr. of Missouri, Mr. GIBBS, Mr. CRITZ, torts money from State and local govern- GOHMERT, Mr. BISHOP of Utah, Mr. Mr. ALTMIRE, Mr. HOLDEN, Mr. ments, and the Federal Government, and in- FLEMING, Mr. MCCLINTOCK, Mr. HUNTER, Mr. GARY G. MILLER of Cali- hibits such governments’ constitutional ac- THOMPSON of Pennsylvania, Mr. RI- fornia, Mr. YOUNG of Alaska, Mrs. tions under the first, tenth, and fourteenth VERA, Mr. GOSAR, Mr. TIPTON, Mr. SCHMIDT, and Mr. ROGERS of Ken- amendments; to the Committee on the Judi- HARRIS, Mr. BENISHEK, Mr. tucky): ciary. FLEISCHMANN, Mr. JOHNSON of Ohio, H.R. 2018. A bill to amend the Federal By Mr. BUTTERFIELD: Mr. BOREN, Mr. SIMPSON, Mr. Water Pollution Control Act to preserve the H.R. 2024. A bill to amend title 39, United GALLEGLY, Mrs. LUMMIS, Mrs. authority of each State to make determina- States Code, to provide that the procedures MCMORRIS RODGERS, Mr. MATHESON, tions relating to the State’s water quality governing the closure or consolidation of Mr. YOUNG of Alaska, and Mr. DUN- standards, and for other purposes; to the postal branches and stations shall be the CAN of Tennessee): Committee on Transportation and Infra- same as those applicable in the case of post H.R. 2011. A bill to require the Secretary of structure. offices; to the Committee on Oversight and the Interior to conduct an assessment of the By Ms. RICHARDSON (for herself, Mr. Government Reform. capability of the Nation to meet our current CONYERS, Mr. NADLER, Mr. SERRANO, By Mr. CARTER (for himself, Mr. and future demands for the minerals critical Ms. NORTON, Ms. LEE of California, JONES, Mr. GOSAR, and Mr. GOHMERT): to United States manufacturing competi- Mr. FILNER, Ms. SLAUGHTER, Ms. H.R. 2025. A bill to amend title 32, United tiveness and economic and national security VELA´ ZQUEZ, Mr. JACKSON of Illinois, States Code, to require the Secretary of De- in a time of expanding resource nationalism, Mr. CLEAVER, Mr. STARK, Mr. LEWIS fense to provide funds to support the use by and for other purposes; to the Committee on of Georgia, Mr. GRIJALVA, Mr. a State of the National Guard, State defense Natural Resources. DEFAZIO, Mr. CUMMINGS, Mr. TOWNS, forces, and law enforcement agencies in se- By Ms. BASS of California (for herself Ms. CLARKE of New York, Ms. JACK- curing an international border that forms and Mr. CROWLEY): SON LEE of Texas, Mr. JOHNSON of part of the border of the State, and for other H.R. 2012. A bill to support the establish- Georgia, Mr. SABLAN, Mrs. purposes; to the Committee on Armed Serv- ment or expansion and operation of pro- NAPOLITANO, Ms. CHU, Ms. BASS of ices. grams using a network of public and private California, Mr. CAPUANO, Ms. FUDGE, By Mr. CICILLINE (for himself, Mr. community entities to provide mentoring for Ms. ROYBAL-ALLARD, Mrs. MALONEY, KEATING, Mr. LANGEVIN, Mr. BOREN,

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\L26MY7.100 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3755

Mr. LUJA´ N, Mr. COURTNEY, Mr. lawsuits by federally-funded entities involv- issue Asia-Pacific Economic Cooperation DEFAZIO, Ms. SLAUGHTER, Mr. HIG- ing such residents and in Department of Jus- Business Travel Cards, and for other pur- GINS, and Ms. JACKSON LEE of Texas): tice actions that could result in an agree- poses; to the Committee on Homeland Secu- H.R. 2026. A bill to provide grants to estab- ment to move such a resident from that resi- rity. lish veteran’s treatment courts; to the Com- dent’s facility; to the Committee on the Ju- By Mr. MEEKS: mittee on the Judiciary. diciary. H.R. 2043. A bill to amend the Revised By Mr. CICILLINE: By Mr. GERLACH (for himself and Mr. Statutes of the United States to authorize H.R. 2027. A bill to revise the boundaries of GONZALEZ): vicarious liability in certain civil actions John H. Chafee Coastal Barrier Resources H.R. 2033. A bill to authorize and support dealing with the deprivation of rights; to the System Sachuest Point Unit RI-04P, Easton psoriasis and psoriatic arthritis data collec- Committee on the Judiciary. Beach Unit RI-05P, Almy Pond Unit RI-06, tion, to express the sense of the Congress to By Mr. PAUL: and Hazards Beach Unit RI-07 in Rhode Is- encourage and leverage public and private H.R. 2044. A bill to amend the Federal land; to the Committee on Natural Re- investment in psoriasis research with a par- Food, Drug, and Cosmetic Act concerning sources. ticular focus on interdisciplinary collabo- claims about the effects of foods and dietary By Mr. COHEN (for himself, Mr. DAVIS rative research on the relationship between supplements on health-related conditions of Illinois, Mr. CONYERS, Mr. GEORGE psoriasis and its comorbid conditions, and and disease, and for other purposes; to the MILLER of California, Mr. GRIJALVA, for other purposes; to the Committee on En- Committee on Energy and Commerce. Mr. ACKERMAN, Mr. BERMAN, Mr. ergy and Commerce. By Mr. PAUL: TOWNS, Ms. MOORE, Mr. BISHOP of By Mr. GERLACH: H.R. 2045. A bill to amend the Federal New York, Mr. DOYLE, Mr. STARK, H.R. 2034. A bill to amend the Omnibus Trade Commission Act concerning the bur- Mr. JOHNSON of Georgia, Mr. RYAN of Crime Control and Safe Streets Act of 1968 to den of proof in false advertising cases involv- Ohio, Mr. WATT, Ms. CHU, and Mr. include fire police officers in the list of offi- ing dietary supplements and dietary ingredi- POLIS): cers who are eligible for public safety offi- ents; to the Committee on Energy and Com- H.R. 2028. A bill to amend title 11 of the cers’ death benefits; to the Committee on the merce. United States Code to modify the Judiciary. By Mr. RANGEL: dischargeability of debts for certain edu- By Mr. GRIFFIN of Arkansas: H.R. 2046. A bill to amend title 10, United cational payments and loans; to the Com- H.R. 2035. A bill to amend the Patient Pro- States Code, to ensure that members of the mittee on the Judiciary. tection and Affordable Care Act to provide Armed Forces who are being separated from By Ms. DELAURO (for herself, Mr. BAR- for greater disclosure in the process for active duty receive comprehensive employ- ROW, Mr. BILBRAY, Mrs. BLACKBURN, waiving annual limitation requirements ment assistance, job training assistance, and Mr. BUTTERFIELD, Mrs. CAPPS, Ms. under that Act; to the Committee on Energy other transitional services; to the Com- CASTOR of Florida, Mrs. CHRISTENSEN, and Commerce. mittee on Armed Services. Ms. DEGETTE, Mr. ENGEL, Ms. ESHOO, By Mr. GRIFFITH of Virginia (for him- By Ms. ROS-LEHTINEN (for herself, Mr. GONZALEZ, Mr. GENE GREEN of self, Mr. GONZALEZ, Mr. REHBERG, Mr. Mr. SIRES, Mr. MACK, Mr. RIVERA, Texas, Mr. GRIJALVA, Mr. HALL, Mr. WHITFIELD, and Mr. SHIMKUS): Mr. WEST, Mr. CONNOLLY of Virginia, HINCHEY, Mr. JACKSON of Illinois, Mr. H.R. 2036. A bill to repeal certain barriers Mr. BUCHANAN, and Mr. DIAZ- KING of New York, Mr. LANCE, Ms. to domestic fuel production, and for other BALART): LEE of California, Mr. MATHESON, Ms. purposes; to the Committee on Energy and H.R. 2047. A bill to amend the Cuban Lib- MATSUI, Mr. MARKEY, Mr. MCCAUL, Commerce, and in addition to the Commit- erty and Democratic Solidarity (LIBERTAD) Mr. MCDERMOTT, Mrs. MCMORRIS tees on Oversight and Government Reform, Act of 1996 to exclude from the United States RODGERS, Mr. MILLER of North Caro- Armed Services, and Science, Space, and aliens who contribute to the ability of Cuba lina, Ms. MOORE, Mr. MURPHY of Con- Technology, for a period to be subsequently to develop petroleum resources located off necticut, Ms. ROYBAL-ALLARD, Mr. determined by the Speaker, in each case for Cuba’s coast and to provide for the imposi- RUSH, Mr. SARBANES, Ms. consideration of such provisions as fall with- tion of sanctions and prohibition on facilita- SCHAKOWSKY, Mr. SESSIONS, Ms. in the jurisdiction of the committee con- tion of development of Cuba’s petroleum re- SLAUGHTER, Ms. SUTTON, Mr. TOWNS, cerned. sources, and for other purposes; to the Com- Mr. WEINER, and Mr. WELCH): By Mr. GRIJALVA: mittee on the Judiciary, and in addition to H.R. 2029. A bill to authorize the Secretary H.R. 2037. A bill to establish the Santa the Committees on Foreign Affairs, Finan- of Health and Human Services, acting Cruz Valley National Heritage Area, and for cial Services, and Oversight and Government through the Director of the Centers for Dis- other purposes; to the Committee on Natural Reform, for a period to be subsequently de- ease Control and Prevention, to establish Resources. termined by the Speaker, in each case for and implement a birth defects prevention, By Mr. HIGGINS: consideration of such provisions as fall with- risk reduction, and public awareness pro- H.R. 2038. A bill to amend the Federal Elec- in the jurisdiction of the committee con- gram; to the Committee on Energy and Com- tion Campaign Act of 1971 to provide for lim- cerned. merce. itations on expenditures in elections for the By Mr. RYAN of Ohio: By Ms. EDWARDS (for herself, Mr. House of Representatives; to the Committee H.R. 2048. A bill to expand the eligibility CARNAHAN, Ms. LEE of California, Mr. on House Administration. for the provision of Government headstones, GRIJALVA, Ms. HIRONO, Mr. STARK, By Mr. ISRAEL: markers, and medallions for veterans buried Ms. MOORE, Mr. MORAN, Mr. CLEAVER, H.R. 2039. A bill to suspend temporarily the at private cemeteries; to the Committee on Mr. TONKO, Ms. PINGREE of Maine, duty on nightlights of plastic; to the Com- Veterans’ Affairs. Mr. HOLT, Mr. VAN HOLLEN, Ms. mittee on Ways and Means. By Mr. SENSENBRENNER: SCHAKOWSKY, Mr. PRICE of North By Mr. KING of Iowa (for himself, Mr. H.R. 2049. A bill to amend the Internal Rev- Carolina, and Mr. MCGOVERN): DUNCAN of South Carolina, Ms. FOXX, enue Code of 1986 to increase the limitation H.R. 2030. A bill to establish centers of ex- Mr. GARY G. MILLER of California, on capital losses to $10,500 and to index such cellence for green infrastructure, and for and Mr. PAUL): limitation to inflation; to the Committee on other purposes; to the Committee on Trans- H.R. 2040. A bill to preserve and protect the Ways and Means. portation and Infrastructure, and in addition free choice of individual employees to form, By Mr. SIMPSON: to the Committee on Science, Space, and join, or assist labor organizations, or to re- H.R. 2050. A bill to authorize the continued Technology, for a period to be subsequently frain from such activities; to the Committee use of certain water diversions located on determined by the Speaker, in each case for on Education and the Workforce. National Forest System land in the Frank consideration of such provisions as fall with- By Mr. KINGSTON (for himself, Mr. Church-River of No Return Wilderness and in the jurisdiction of the committee con- JORDAN, Mr. FLAKE, and Mr. GRAVES the Selway-Bitterroot Wilderness in the cerned. of Georgia): State of Idaho, and for other purposes; to the By Mr. FINCHER: H.R. 2041. A bill to reduce Federal spending Committee on Natural Resources. H.R. 2031. A bill to amend the Plant Pro- in a responsible manner; to the Committee By Mr. TIBERI (for himself and Mr. tection Act to expedite the process for ap- on the Budget, and in addition to the Com- STIVERS): proval of certain biotechnology products, mittee on Rules, for a period to be subse- H.R. 2051. A bill to direct the Secretary of and for other purposes; to the Committee on quently determined by the Speaker, in each Veterans Affairs to assist in the identifica- Agriculture. case for consideration of such provisions as tion of unclaimed and abandoned human re- By Mr. FRANK of Massachusetts (for fall within the jurisdiction of the committee mains to determine if any such remains are himself, Mr. GOODLATTE, Ms. concerned. eligible for burial in a national cemetery, WASSERMAN SCHULTZ, Mr. By Mr. LARSEN of Washington (for and for other purposes; to the Committee on CULBERSON, Mr. PAYNE, Mr. MORAN, himself, Mr. HERGER, Mr. CROWLEY, Veterans’ Affairs. Mr. RUSH, Mrs. MCMORRIS RODGERS, Mr. BRADY of Texas, and Mr. DANIEL By Mr. TONKO: Mr. MANZULLO, and Mr. FILNER): E. LUNGREN of California): H.R. 2052. A bill to direct the Secretary of H.R. 2032. A bill to protect the interests of H.R. 2042. A bill to require the Secretary of Veterans Affairs to establish a registry of each resident of intermediate care facilities Homeland Security, in consultation with the certain veterans who were stationed at Fort for the mentally retarded in class action Secretary of State, to establish a program to McClellan, Alabama, and for other purposes;

VerDate Mar 15 2010 06:20 May 27, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\L26MY7.100 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3756 CONGRESSIONAL RECORD — HOUSE May 26, 2011 to the Committee on Veterans’ Affairs, and By Mr. GRIJALVA: By Mr. SMITH of New Jersey: in addition to the Committee on Armed H. Res. 284. A resolution honoring wild H.R. 2007. Services, for a period to be subsequently de- horses and burros as important to our na- Congress has the power to enact this legis- termined by the Speaker, in each case for tional heritage; to the Committee on Nat- lation pursuant to the following: consideration of such provisions as fall with- ural Resources. The constitutional authority on which this in the jurisdiction of the committee con- By Mr. MARKEY (for himself and Mr. bill is based is Congress’s power under Arti- cerned. DOYLE): cle I, Section 8, Clause I of the Constitution. By Mr. WALZ of Minnesota (for himself H. Res. 285. A resolution expressing support By Mr. ISSA: and Mr. KING of New York): for designation of June 2011 as ‘‘National H.R. 2008. H.R. 2053. A bill to amend title 38, United Aphasia Awareness Month‘‘ and supporting Congress has the power to enact this legis- States Code, to improve the efficiency of efforts to increase awareness of aphasia; to lation pursuant to the following: processing certain claims for disability com- the Committee on Energy and Commerce. Article I, Section 8, Clause 18. ‘‘To make pensation by veterans; to the Committee on all Laws which shall be necessary and proper f Veterans’ Affairs. for carrying into Execution the foregoing By Mr. WHITFIELD: MEMORIALS Powers . . .’’ H.R. 2054. A bill to provide for the re- By Mr. BILBRAY: enrichment of certain depleted uranium Under clause 4 of rule XXII, H.R. 2009. owned by the Department of Energy, and for 29. The SPEAKER presented a memorial of Congress has the power to enact this legis- the sale or barter of the resulting reenriched the House of Representatives of the State of lation pursuant to the following: uranium, and for other purposes; to the Com- Kansas, relative to House Resolution No. 6008 Article 1, Section 8, to regulate Commerce mittee on Energy and Commerce. memorializing the Congress to impose a with foreign Nations, and among the several By Mr. CROWLEY (for himself, Mr. moratorium on promulgation of any new air States, and with the Indian Tribes; KING of New York, Mr. BOUSTANY, quality regulation by the EPA; to the Com- By Mr. PAULSEN: Mr. BERMAN, Mr. MANZULLO, Mr. mittee on Energy and Commerce. H.R. 2010. CAPUANO, Mr. PITTS, Mr. HOLT, Mr. f Congress has the power to enact this legis- ROHRABACHER, Mrs. MALONEY, Mr. lation pursuant to the following: MCCOTTER, and Mr. ENGEL): CONSTITUTIONAL AUTHORITY Article 1, Section 8. H.J. Res. 66. A joint resolution approving STATEMENT By Mr. LAMBORN: the renewal of import restrictions contained H.R. 2011. in the Burmese Freedom and Democracy Act Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- of 2003; to the Committee on Ways and the Rules of the House of Representa- lation pursuant to the following: Means. tives, the following statements are sub- Article IV, section 3 By Mr. FLORES: mitted regarding the specific powers By Ms. BASS of California: H. Con. Res. 56. Concurrent resolution ex- granted to Congress in the Constitu- H.R. 2012. pressing the sense of Congress that Members tion to enact the accompanying bill or Congress has the power to enact this legis- of Congress, the President, and the Vice joint resolution. lation pursuant to the following: President should donate their salaries to the Article I, § 8, clause 1 Treasury for reducing the national debt if By Mr. SHULER: By Mr. NUNES: members of the Armed Forces do not receive H.R. 2000. H.R. 2013. pay or allowances because of a shutdown of Congress has the power to enact this legis- Congress has the power to enact this legis- the Federal Government or because the Gov- lation pursuant to the following: lation pursuant to the following: ernment is unable to fund such pay and al- The Congress shall have power to establish Article 1, Section 8, Clauses 1 and 18 grant lowances because the public debt limit has a Rule of Naturalization, and uniform laws Congress broad financial powers, including been reached; to the Committee on Oversight the subject of Bankruptcies throughout the the power to tax and spend for the general and Government Reform, and in addition to United States. welfare and to impose conditions on the re- the Committee on House Administration, for By Mr. BILIRAKIS: ceipt of federal monies by the states. a period to be subsequently determined by H.R. 2001. By Mr. CARTER: the Speaker, in each case for consideration Congress has the power to enact this legis- H.R. 2014. of such provisions as fall within the jurisdic- lation pursuant to the following: Congress has the power to enact this legis- tion of the committee concerned. Article I, section 8, clause 1 of the United lation pursuant to the following: By Ms. MCCOLLUM: States Constitution, which grants Congress ‘‘Article(s) I, Section 8, Clause 1, Article I, H. Res. 280. A resolution amending the the power to lay and collect Taxes, Duties, Section 8, Clause 3 of the United States Con- Rules of the House of Representatives to pre- Imposts and Excises, to pay the Debts and stitution and the Sixteenth Amendment of vent any Member, Delegate, Resident Com- provide for the common Defence and general the United States Constitution.’’ missioner, officer, or employee of the House Welfare of the United States; but all Duties, By Mr. FATTAH: from benefitting financially from a vote to Imposts and Excises shall be uniform H.R. 2015. change the statutory limit on the public throughout the United States; Congress has the power to enact this legis- debt; to the Committee on Ethics. By Mr. CHAFFETZ: lation pursuant to the following: By Ms. CHU (for herself, Mrs. BIGGERT, H.R. 2002. This bill is enacted pursuant to the power Mr. COFFMAN of Colorado, and Mr. Congress has the power to enact this legis- granted to Congress under Article I, Section ROHRABACHER): lation pursuant to the following: 8, Clause 18 of the United States Constitu- H. Res. 282. A resolution expressing the re- This law is enacted pursuant to article 1, tion, which states the Congress shall have gret of the House of Representatives for the section 8, clauses 11–14 of the U.S. Constitu- the power to make all Laws which shall be passage of discriminatory laws against the tion. necessary and proper for carrying into Exe- Chinese in the United States, including the By Mr. DEFAZIO: cution the foregoing Powers, and all other Chinese Exclusion Act; to the Committee on H.R. 2003. Powers vested by the Constitution in the the Judiciary. Congress has the power to enact this legis- Government of the United States, or in any By Mr. CONYERS (for himself, Mr. lation pursuant to the following: Department or Officer thereof. CARSON of Indiana, Mr. ELLISON, Ms. Article I, section 8, clause 1. By Mrs. MALONEY: CLARKE of New York, Mr. GUTIERREZ, By Mr. BERMAN: H.R. 2016. Mr. GRIJALVA, Mr. MCDERMOTT, Ms. H.R. 2004. Congress has the power to enact this legis- JACKSON LEE of Texas, Mr. JOHNSON Congress has the power to enact this legis- lation pursuant to the following: of Georgia, Mr. HONDA, Ms. WOOLSEY, lation pursuant to the following: Article 1, Section 8, Clause 18, which reads: Ms. BALDWIN, Mr. TOWNS, Ms. CHU, Article I, Section 2, Clause 3. The Congress shall have Power * * * To Mr. SCOTT of Virginia, Mr. STARK, By Mr. SMITH of New Jersey: make all Laws which shall be necessary and Mr. JACKSON of Illinois, Mr. RANGEL, H.R. 2005. proper for carrying into Execution the fore- Mr. MORAN, Ms. ZOE LOFGREN of Cali- Congress has the power to enact this legis- going Powers, and all other Powers vested by fornia, Mr. POLIS, Mr. RUSH, Mr. AL lation pursuant to the following: the Constitution in the Government of the GREEN of Texas, Mr. CUMMINGS, Mr. The constitutional authority on which this United States, or in any Department or Offi- TONKO, and Mr. FILNER): bill is based is Congress’s power under Arti- cer thereof. H. Res. 283. A resolution expressing the cle I, Section 8, Clause I of the Constitution. By Mr. ADERHOLT: sense of the House of Representatives that By Mr. SMITH of New Jersey: H.R. 2017. the Federal Government should take steps to H.R. 2006. Congress has the power to enact this legis- counter the growth in anti-Muslim senti- Congress has the power to enact this legis- lation pursuant to the following: ments, targeted rhetorical attacks, and vio- lation pursuant to the following: The principal constitutional authority for lence against the Muslim, Arab, Sikh, and The constitutional authority on which this this legislation is clause 7 of section 9 of ar- South Asian American communities; to the bill is based is Congress’s power under Arti- ticle I of the Constitution of the United Committee on the Judiciary. cle I, Section 8, Clause I of the Constitution. States (the appropriation power), which

VerDate Mar 15 2010 07:09 May 27, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\L26MY7.100 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3757 states: ‘‘No Money shall be drawn from the Article I, Section 8 Congress has the power to enact this legis- Treasury, but in Consequence of Appropria- By Mr. COHEN: lation pursuant to the following: tions made by Law . . . .’’ In addition, clause H.R. 2028. Article 1, Section 8, Clause 1 of the Con- 1 of section 8 of article I of the Constitution Congress has the power to enact this legis- stitution of the United States. (the spending power) provides: ‘‘The Con- lation pursuant to the following: By Mr. KING of Iowa: gress shall have the Power . . . to pay the Article I, Section 8, clause 4 of the United H.R. 2040. Debts and provide for the common Defence States Constitution Congress has the power to enact this legis- and general Welfare of the United States. By Ms. DELAURO: lation pursuant to the following: . . .’’ Together, these specific constitutional H.R. 2029. This Act erases the forced-dues clauses in provisions establish the congressional power Congress has the power to enact this legis- the National Labor Relation Act (NLRA) and of the purse, granting Congress the author- lation pursuant to the following: Railway Labor Act (RLA). It does not add a ity to appropriate funds, to determine their Article I. Section 8, Clause 3 of the United single letter to federal law. As such, this bill purpose, amount, and period of availability, States Constitution and Article I, Section 8, makes specific changes to existing law in a and to set forth terms and conditions gov- Clause 1 of the United States Constitution. manner that returns power to the States and erning their use. By Ms. EDWARDS: to the people, in accordance with Amend- By Mr. MICA: H.R. 2030. ment X of the United States Constitution. H.R. 2018. Congress has the power to enact this legis- By Mr. KINGSTON: Congress has the power to enact this legis- lation pursuant to the following: H.R. 2041. lation pursuant to the following: Article I, Section I. Congress has the power to enact this legis- Article I, Section 8 of the United States All legislative Powers herein granted shall lation pursuant to the following: Constitution, specifically Clause 3 (related be vested in a Congress of the United States, Clause 1, Section 8 of Article 1 of the to regulation of Commerce among the sev- which shall consist of a Senate and House of United States Constitution which states: eral States). Representatives. The Congress shall have Power to lay and By Ms. RICHARDSON: By Mr. FINCHER: collect Taxes, Duties, Imposts and Excises, H.R. 2019. H.R. 2031. to pay the Debts and provide for the common Congress has the power to enact this legis- Congress has the power to enact this legis- Defense and General Welfare of the United lation pursuant to the following: lation pursuant to the following: States; but all Duties and Imposts and Ex- This bill is enacted pursuant to the power Article 1 Section 8 Clause I. cises shall be uniform throughout the United granted to Congress under Article I, Section By Mr. FRANK of Massachusetts: States.’’ 8, Clause 3 of the United States Constitution. H.R. 2032. By Mr. LARSEN of Washington: By Mr. BURGESS: Congress has the power to enact this legis- H.R. 2042. H.R. 2020. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article I, Section 8, Clause 1 of the Con- lation pursuant to the following: lation pursuant to the following: stitution. Under Article 1, Section 2 of the Constitu- This bill is enacted pursuant to Congress’ By Mr. GERLACH: tion, ‘‘the House of Representatives shall be legislative powers under Article I, Section 8, H.R. 2033. composed of Members chosen every second of the Constitution. Under this provision, Congress has the power to enact this legis- Year by the People of the several States.’’ As Congress has the authority to regulate lation pursuant to the following: described in Article 1, Section 1 ‘‘all legisla- ‘‘commerce among the several states’’ ‘‘To The Congress enacts this bill pursuant to tive powers herein granted shall be vested in lay and collect Taxes, Duties, Imposts and Clause 18 of Section 8 of Article I of the a Congress.’’ I was elected in 2010 to serve in Excises,’’ and ‘‘To make Rules for the Gov- United States Constitution. the 112th Congress as certified by the Sec- ernment.’’ By Mr. GERLACH: retary of State of Washington state. By Mr. GARDNER: H.R. 2034. Article III, Section 2 states that the Su- H.R. 2021. Congress has the power to enact this legis- preme Court has ‘‘the judicial power’’ that Congress has the power to enact this legis- lation pursuant to the following: ‘‘shall extend to all cases, in law and equity, lation pursuant to the following: Article 1, Section 8, Clause 18. arising under this Constitution, the laws of Article I, Section 8, Clause 3: ‘‘To regulate By Mr. GRIFFIN of Arkansas: the United States.’’ Article II, Section 1 of Commerce with foreign Nations, and among H.R. 2035. the Constitution provides that the Supreme the several States, and with the Indian Congress has the power to enact this legis- Court is the supreme law of the land when Tribes.’’ lation pursuant to the following: stating ‘‘The judicial power of the United By Ms. BASS of California: Article I, Section 8 of the Commerce States, shall be vested in one supreme H.R. 2022. Clause. Court.’’ Congress has the power to enact this legis- By Mr. GRIFFITH of Virginia: The power of judicial review of the Su- lation pursuant to the following: H.R. 2036. preme Court was upheld in Marbury v Madi- Article I, Section 8, Clause 1 Congress has the power to enact this legis- son in 1803, giving the Supreme Court the au- By Mr. BURTON of Indiana: lation pursuant to the following: thority to strike down any law it deems un- H.R. 2023. Article I, § 8, clause 3 of the United States constitutional. Members of Congress, having Congress has the power to enact this legis- Constitution. been elected and taken the oath of office, are lation pursuant to the following: By Mr. GRIJALVA: given the authority to introduce legislation Article 1, Section 8, Clause 9 and Article 1, H.R. 2037. and only the Supreme Court, as established Section 8, Clause 18 Congress has the power to enact this legis- by the Constitution and precedent, can de- By Mr. BUTTERFIELD: lation pursuant to the following: termine the Constitutionality of this author- H.R. 2024. Article I, Section 8 of the United States ity. Congress has the power to enact this legis- Constitution, specifically Clause 1 (relating By Mr. MEEKS: lation pursuant to the following: to the power of Congress to provide for the H.R. 2043. Article I, Section 8, Clause 7 of the United general welfare of the United States) and Congress has the power to enact this legis- States Constitution. Clause 18 (relating to the power to make all lation pursuant to the following: Mr. CARTER: laws necessary and proper for carrying out Article I, Section 8 H.R. 2025. the powers vested in Congress), and Article By Mr. PAUL: Congress has the power to enact this legis- IV, Section 3, Clause 2 (relating to the power H.R. 2044. lation pursuant to the following: of Congress to dispose of and make all need- Congress has the power to enact this legis- Article 1, Section 8: To Provide for the ful rules and regulations respecting the ter- lation pursuant to the following: common defence; To provide for calling forth ritory or other property belonging to the The Health Freedom Act is justified by the the Militia to execute the Laws of the Union, United States). First Amendment to the United States Con- suppress Insurrections and repel Invasions; By Mr. HIGGINS: stitution, which, by protecting the people’s To provide for organizing, arming, and dis- H.R. 2038. right of free speech, clearly gives Congress ciplining the Militia, and for governing such Congress has the power to enact this legis- the power to stop the executive branch from Part of them as may be employed in the lation pursuant to the following: censoring speech related to the health bene- Service of the United States. Article I, Section 4, Clause 1 of the Con- fits of foods and dietary supplements. By Mr. CICILLINE: stitution. By Mr. PAUL: H.R. 2026. The Times, Places and Manner of holding H.R. 2045. Congress has the power to enact this legis- Elections for Senators and Representatives, Congress has the power to enact this legis- lation pursuant to the following: shall be prescribed in each State by the Leg- lation pursuant to the following: Article I, Section 8 islature thereof; but Congress may at any The Health Freedom Act is justified by the By Mr. CICILLINE: time make or alter such Regulations, except First Amendment to the United States Con- H.R. 2027. as to the Place of chusing Senators. stitution, which, by protecting the people’s Congress has the power to enact this legis- By Mr. ISRAEL: right of free speech, clearly gives Congress lation pursuant to the following: H.R. 2039. the power to require federal agencies to bear

VerDate Mar 15 2010 07:09 May 27, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.124 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE H3758 CONGRESSIONAL RECORD — HOUSE May 26, 2011

the burden of proof when bringing legal ac- H.R. 10: Mr. BOREN and Mr. HASTINGS of H.R. 1002: Mr. GARDNER, Mr. GIBSON, Mr. tions to restrict the dissemination of infor- Washington. HUIZENGA of Michigan, Ms. HERRERA mation related to the health benefits of H.R. 23: Mr. LATOURETTE. BEUTLER, Mr. AUSTRIA, Ms. WILSON of Flor- foods and dietary supplements. H.R. 58: Mr. AUSTRIA, Mr. TIPTON, and Mr. ida, Mr. YODER, Mr. HURT, Mr. AL GREEN of By Mr. RANGEL: WALBERG. Texas, Mr. DOLD, Mr. SCHRADER, Mr. H.R. 2046. H.R. 91: Mr. TURNER, Mr. SMITH of New Jer- SOUTHERLAND, Mr. REYES, Mr. BISHOP of Congress has the power to enact this legis- sey, Mr. DUNCAN of South Carolina, Mr. Georgia, and Mr. THORNBERRY. lation pursuant to the following: MCKEON, Mr. HERGER, Mr. GIBSON, Mr. GAR- H.R. 1005: Mr. HINCHEY. Congress is given the power under the Con- RETT, and Mrs. NOEM. H.R. 1041: Mr. HIMES, Mr. MILLER of Flor- stitution ‘‘To raise and support Armies,’’ H.R. 114: Mr. COBLE. ida, and Mr. RIVERA. ‘‘To provide and maintain a Navy,’’ and ‘‘To H.R. 135: Mr. HANNA. H.R. 1048: Mr. PAYNE. make Rules for the Government and Regula- H.R. 139: Mr. ISRAEL, Mr. YARMUTH, Ms. H.R. 1063: Mr. YOUNG of Alaska and Mr. tion of the land and naval Forces.’’ Art. I, § 8, TSONGAS, Ms. SLAUGHTER, Mr. INSLEE, Mr. COURTNEY. cls. 12–14. See also: ROSTKER V. GOLD- TONKO, Mr. WEINER, Mr. MCDERMOTT, Mr. H.R. 1070: Mr. QUAYLE and Mr. CULBERSON. BERG, 453 U.S. 57 (1981) COHEN, Mr. SERRANO, and Mrs. MALONEY. H.R. 1082: Mr. MANZULLO. By Ms. ROS-LEHTINEN: H.R. 152: Mr. TIBERI. H.R. 1119: Ms. LORETTA SANCHEZ of Cali- H.R. 2047. H.R. 153: Mrs. BLACK. fornia. Congress has the power to enact this legis- H.R. 157: Mr. MATHESON. H.R. 1124: Mr. BRALEY of Iowa, Mr. HOLT, lation pursuant to the following: H.R. 290: Mr. MCCOTTER. and Ms. HIRONO. Article I, section 8 of the Constitution. H.R. 298: Ms. GRANGER, Mr. GOHMERT, Mr. H.R. 1147: Mr. GUTHRIE. By Mr. RYAN of Ohio: OLSON, Mr. POE of Texas, Mr. MARCHANT, Mr. H.R. 1150: Mr. LABRADOR, Mr. SIMPSON, H.R. 2048. SMITH of Texas, Mr. FLORES, and Mr. Mrs. EMERSON, Mr. VISCLOSKY, and Mr. Congress has the power to enact this legis- CUELLAR. GINGREY of Georgia. lation pursuant to the following: H.R. 304: Mr. SCHIFF. H.R. 1161: Mr. LIPINSKI, Mr. HUIZENGA of ‘‘The Congress enacts this bill pursuant to H.R. 333: Ms. HIRONO and Mr. CUMMINGS. Michigan, and Mr. REHBERG. Clause 18 of Section 8 of Article I of the H.R. 371: Mr. AUSTRIA. H.R. 1186: Mr. BRADY of Texas. United States Constitution.’’ H.R. 376: Mr. RANGEL. H.R. 1195: Mr. JOHNSON of Ohio and Mr. By Mr. SENSENBRENNER: H.R. 436: Mr. LABRADOR, Mrs. MYRICK, and COLE. H.R. 2049. Mr. QUAYLE. H.R. 1208: Mr. PETERS. Congress has the power to enact this legis- H.R. 440: Mr. RIGELL. H.R. 1219: Mr. COSTELLO and Mr. STIVERS. lation pursuant to the following: H.R. 451: Ms. NORTON. Article I, Section 8, Clause 1 H.R. 1236: Mr. LUETKEMEYER and Ms. H.R. 458: Ms. EDWARDS. By Mr. SIMPSON: DEGETTE. H.R. 2050. H.R. 501: Mr. FARR and Mr. TIERNEY. H.R. 1240: Mr. SIRES. Congress has the power to enact this legis- H.R. 507: Mr. HOLT, Mr. PAUL, Ms. BALDWIN, H.R. 1244: Mr. CLEAVER, Mr. LOEBSACK, Mr. lation pursuant to the following: and Mr. POLIS. MANZULLO, and Mr. WELCH. ‘‘The constitutional authority of Congress H.R. 515: Mr. PALLONE. H.R. 1259: Mr. ROKITA, Mr. ROE of Ten- to enact this legislation is provided by Arti- H.R. 605: Mr. SIMPSON, Mrs. NOEM, Mr. nessee, Mr. SULLIVAN, Mr. LATHAM, Mr. cle I, section 8 of the United States Constitu- BILBRAY, Mr. SULLIVAN, Mr. JOHNSON of GOWDY, Mr. GRIMM, Mr. CHABOT, Mr. tion, specifically clause 1 (relating to the Ohio, and Mr. QUAYLE. FITZPATRICK, Mr. COBLE, Mrs. CAPITO, Mr. power of Congress to provide for the general H.R. 607: Mr. FORBES. ROONEY, Mr. ROSS of Florida, Mr. PALAZZO, welfare of the United States) and clause 18 H.R. 616: Mr. JACKSON of Illinois. and Mr. MCINTYRE. (relating to the power to make all laws nec- H.R. 654: Mr. HOLT, Mr. GRIJALVA, and Mr. H.R. 1262: Mr. GENE GREEN of Texas, Ms. essary and proper for carrying out the pow- LIPINSKI. JACKSON LEE of Texas, and Mr. FILNER. ers vested in Congress), and Article IV, sec- H.R. 674: Mrs. ELLMERS, Ms. HERRERA H.R. 1265: Mr. FITZPATRICK. tion 3, clause 2 (relating to the power of Con- BEUTLER, Mr. SCOTT of South Carolina, Mr. H.R. 1269: Ms. CASTOR of Florida. ´ gress to dispose of and make all needful rules LUJAN, Ms. DELAURO, and Mr. DIAZ-BALART. H.R. 1288: Ms. CASTOR of Florida, Ms. FOXX, and regulations respecting the territory or H.R. 694: Mr. WITTMAN. and Mr. SCHIFF. other property belonging to the United H.R. 704: Mr. HURT. H.R. 1299: Mr. TIBERI. States).’’ H.R. 721: Mr. BONNER and Ms. PINGREE of H.R. 1311: Mr. MORAN. By Mr. TIBERI: Maine. H.R. 1342: Mr. RUNYAN. H.R. 2051. H.R. 735: Mr. POE of Texas. H.R. 1350: Mr. GRIJALVA and Mr. WU. Congress has the power to enact this legis- H.R. 756: Mr. BACA and Mr. BOSWELL. H.R. 1351: Ms. SCHWARTZ, Mr. GENE GREEN lation pursuant to the following: H.R. 757: Mr. MARINO. of Texas, Mr. MCGOVERN, Mr. CARTER, Mr. Article 1, Section 8. H.R. 787: Mr. MCCLINTOCK, Mr. UPTON, and SMITH of New Jersey, Ms. JACKSON LEE of By Mr. TONKO: Mr. WITTMAN. Texas, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 2052. H.R. 789: Mr. SIRES, Mr. PAYNE, Mr. LANCE, Ms. FUDGE, Mr. KISSELL, Mr. LUJA´ N, Mr. Congress has the power to enact this legis- and Mr. PALLONE. CICILLINE, and Mr. SMITH of Washington. lation pursuant to the following: H.R. 808: Mrs. DAVIS of California and Mr. H.R. 1370: Mr. TIBERI, Mr. BURGESS, and Section 1 of article 1 of the Constitution, FILNER. Mr. ROSKAM. which states, ‘‘All legislative Powers herein H.R. 822: Ms. SEWELL, Mr. KING of Iowa, H.R. 1380: Mr. FITZPATRICK. granted shall be vested in a Congress of the and Mr. MCCARTHY of California. H.R. 1391: Mr. ROSS of Florida and Mr. United States, which shall consist of a Sen- H.R. 886: Mr. ROGERS of Kentucky, Mr. KIND. ate and House of Representatives.’’ BILBRAY, Mr. HANNA, Mr. WILSON of South H.R. 1397: Mr. TONKO and Mr. DICKS. By Mr. WALZ of Minnesota: Carolina, Mr. JOHNSON of Ohio, Mr. WEST, H.R. 1406: Mr. SENSENBRENNER. H.R. 2053. Mr. LANDRY, Ms. HAYWORTH, Mr. SULLIVAN, H.R. 1418: Mr. BURTON of Indiana. Congress has the power to enact this legis- Mr. DUNCAN of Tennessee, Mr. BARLETTA, Mr. H.R. 1427: Ms. HIRONO, Ms. BERKLEY, and lation pursuant to the following: NUGENT, Mr. ROGERS of Michigan, Mr. Mr. GIBSON. This bill is enacted pursuant to Section 8 FORBES, Mr. AUSTRIA, Mr. KELLY, Mr. GIBBS, H.R. 1429: Mr. FILNER. of Article I of the United States Constitu- Mr. SIMPSON, Mr. CANSECO, Mr. DENT, Mr. H.R. 1432: Mr. MCHENRY. tion. KING of New York, Mr. QUAYLE, Mr. YODER, H.R. 1440: Ms. WOOLSEY. By Mr. WHITEFIELD: Mr. BONNER, Mr. ROSKAM, Mr. FLEISCHMANN, H.R. 1449: Mr. MILLER of North Carolina. H.R. 2054. Mr. CONAWAY, Mr. FARENTHOLD, Mr. H.R. 1465: Mr. FILNER. Congress has the power to enact this legis- MARCHANT, and Mr. MICA. H.R. 1466: Mr. QUIGLEY. lation pursuant to the following: H.R. 894: Mr. CAPUANO. H.R. 1489: Mr. SCHRADER. Article 1, Section 8, Clause 3 of the United H.R. 905: Ms. SCHWARTZ. H.R. 1505: Mrs. LUMMIS, Mr. CHAFFETZ, Mrs. States Constitution. H.R. 911: Mr. ROTHMAN of New Jersey, Mr. MCMORRIS RODGERS, Mr. ROYCE, Mrs. MILLER By Mr. CROWLEY: THOMPSON of Mississippi, Mr. BOREN, and Ms. of Michigan, and Mr. BROUN of Georgia. H.J. Res. 66. WASSERMAN SCHULTZ. H.R. 1515: Mr. CARNEY and Mr. Congress has the power to enact this legis- H.R. 923: Mr. MCCAUL, Mrs. MCMORRIS ROD- LATOURETTE. lation pursuant to the following: Clause 3 of section 8 of article I of the Con- GERS, Ms. MOORE, Mr. GUTIERREZ, and Mr. H.R. 1523: Mr. BRADY of Pennsylvania and stitution HIGGINS. Mr. REICHERT. H.R. 935: Mr. SHUSTER and Ms. JENKINS. H.R. 1527: Mr. CONAWAY. f H.R. 942: Mr. NEAL. H.R. 1537: Mr. SCOTT of Virginia. ADDITIONAL SPONSORS H.R. 965: Ms. DEGETTE. H.R. 1538: Mrs. MILLER of Michigan. H.R. 984: Mr. GERLACH. H.R. 1551: Mr. KINZINGER of Illinois, Mr. Under clause 7 of rule XII, sponsors H.R. 998: Mr. DICKS. LATTA, Mr. MARINO, Mr. TURNER, Mr. YOUNG were added to public bills and resolu- H.R. 1001: Mr. YARMUTH and Mr. ROTHMAN of Indiana, and Mr. ROE of Tennessee. tions as follows: of New Jersey. H.R. 1558: Mr. COBLE.

VerDate Mar 15 2010 07:09 May 27, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.135 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE May 26, 2011 CONGRESSIONAL RECORD — HOUSE H3759

H.R. 1565: Mr. THOMPSON of Pennsylvania. Mr. BRADY of Pennsylvania, Mr. BROOKS, Ms. GALLEGLY, Mr. GARDNER, Mr. GIBBS, Ms. H.R. 1580: Mr. POSEY, Mr. SAM JOHNSON of BROWN of Florida, Mr. BUCHANAN, Mr. HERRERA BEUTLER, Mr. HOLDEN, Mr. Texas, Mrs. BLACK, Ms. JENKINS, and Mr. CANSECO, Mr. CARDOZA, Mr. CARNEY, Mr. HUELSKAMP, Ms. JENKINS, Mr. KINZINGER of MATHESON. CLARKE of Michigan, Mr. COBLE, Mr. Illinois, Mr. KISSELL, Mr. KLINE, Mr. H.R. 1588: Mr. SMITH of Texas. COFFMAN of Colorado, Mr. CONNOLLY of Vir- LAMBORN, Mr. LANKFORD, Mr. LOBIONDO, Mr. H.R. 1596: Ms. ESHOO. ginia, Mr. COSTA, Mr. COURTNEY, Mr. CROW- MCKINLEY, Mr. PAULSEN, Mr. PENCE, Mr. H.R. 1616: Mr. PAYNE, Mr. BACA, Mr. LEY, Mr. CUELLAR, Mr. CUMMINGS, Mr. DOLD, PLATTS, Mr. POMPEO, Mr. ROE of Tennessee, SCHIFF, and Mr. SIRES. Mrs. ELLMERS, Mr. ENGEL, Mr. GALLEGLY, Mr. BARTLETT, Mr. ROSKAM, Mr. ROTHMAN of H.R. 1635: Mr. COBLE. Mr. GARRETT, Mr. GOODLATTE, Mr. GENE New Jersey, Mr. SCALISE, Mr. SCHWEIKERT, H.R. 1642: Mr. FILNER. GREEN of Texas, Mr. HASTINGS of Florida, Mr. TERRY, Mr. TIBERI, Mr. UPTON, Mr. ´ H.R. 1645: Ms. VELAZQUEZ. Mr. HECK, Mr. HOLDEN, Mr. HUELSKAMP, Mr. WALBERG, Mr. WALDEN, Mr. WOLF, Mr. YOUNG H.R. 1648: Mr. QUIGLEY, Mr. REYES, and Mr. KEATING, Mr. KING of New York, Mr. KLINE, of Indiana, Mr. BISHOP of Utah, Mr. GERLACH, DICKS. Mr. LAMBORN, Mr. LOBIONDO, Mrs. MALONEY, Mr. ACKERMAN, Ms. BERKLEY, Mr. BISHOP of H.R. 1681: Ms. ROS-LEHTINEN. Mrs. MCCARTHY of New York, Mr. MCKINLEY, Georgia, Mr. BOREN, Mr. BRADY of Pennsyl- H.R. 1683: Mr. COBLE. Mr. NADLER, Mr. NEAL, Mr. PALLONE, Mr. vania, Ms. BROWN of Florida, Mr. CARDOZA, H.R. 1703: Mr. LIPINSKI and Mr. HOLDEN. PAULSEN, Mr. PETERS, Mr. PLATTS, Mr. Mr. CICILLINE, Mr. COSTA, Mr. CROWLEY, Mr. H.R. 1704: Ms. BASS of California, Ms. POLIS, Mr. REICHERT, Ms. RICHARDSON, Mr. CUELLAR, Mr. ENGEL, Mr. GENE GREEN of MOORE, Mr. JACKSON of Illinois, Mr. ROE of Tennessee, Mr. ROTHMAN of New Jer- Texas, Mr. HASTINGS of Florida, Mr. MCNERNEY, and Mr. BERMAN. sey, Ms. LINDA T. SA´ NCHEZ of California, Mr. KEATING, Mr. LEVIN, Mrs. MCCARTHY of New H.R. 1706: Mr. PETERS, Mr. SHULER, Mr. SCALISE, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. York, Mr. NADLER, Mr. NEAL, Mr. PALLONE, MICHAUD, and Mr. DREIER. SCHOCK, Ms. SCHWARTZ, Mr. SCHWEIKERT, Mr. Mr. PETERS, Ms. SCHAKOWSKY, Mr. SCHIFF, H.R. 1716: Mr. CICILLINE. TOWNS, Mr. UPTON, Mr. WALBERG, Mr. WOLF, Ms. SCHWARTZ, Ms. SEWELL, Mr. TOWNS, Mr. H.R. 1720: Ms. WOOLSEY. H.R. 1723: Mr. BROUN of Georgia. Mrs. MILLER of Michigan, Mr. HULTGREN, Mr. BONNER, Mr. RIGELL, Mr. SENSENBRENNER, H.R. 1724: Ms. MCCOLLUM, Mr. ISRAEL, and BARLETTA, Mr. LANCE, and Mrs. CAPITO. Mr. NUNES, Mr. GOODLATTE, Mr. HIMES, Mr. Mr. DEFAZIO. H.R. 1906: Mr. COBLE. REICHERT, Mr. SCHOCK, Mr. MCCOTTER, Mr. H.R. 1738: Ms. BERKLEY. H.R. 1908: Mr. BARTLETT and Mrs. ELLMERS. GARRETT, Mr. MEEHAN, Mr. HULTGREN, Mr. H.R. 1744: Mr. POE of Texas, Mr. ROSS of H.R. 1912: Mr. PETERS. HURT, and Mr. SMITH of Texas. H.R. 1938: Mrs. BLACKBURN, Mr. BURGESS, Florida, Mr. SCHOCK, Mr. REICHERT, Mr. Mr. FLORES, Mr. KING of Iowa, Mr. LATTA, GOHMERT, Mr. CULBERSON, Mrs. LUMMIS, Mr. f Mrs. ELLMERS, Mr. CHAFFETZ, Mr. BROUN of LAMBORN, Mr. FRANKS of Arizona, Mr. Georgia, Mr. BOREN, Mr. DANIEL E. LUNGREN LUETKEMEYER, and Mr. PAUL. CONGRESSIONAL EARMARKS, LIM- H.R. 1747: Mr. DUFFY. of California, and Mr. SHIMKUS. ITED TAX BENEFITS, OR LIM- H.R. 1941: Mr. LUJA´ N, Mr. KILDEE, Ms. H.R. 1753: Mr. NADLER. ITED TARIFF BENEFITS H.R. 1756: Mr. GRIMM, Mr. WEINER, and Mr. BROWN of Florida, Mr. VISCLOSKY, Ms. Under clause 9 of rule XXI, lists or MICHAUD. WASSERMAN SCHULTZ, Mr. HEINRICH, Mr. H.R. 1758: Mr. GRIJALVA. JACKSON of Illinois, Ms. BORDALLO, Mr. AL statements on congressional earmarks, H.R. 1802: Mr. LOBIONDO. GREEN of Texas, Mr. MANZULLO, Mr. WEST- limited tax benefits, or limited tariff H.R. 1803: Mr. WESTMORELAND. MORELAND, Mr. SHULER, Ms. BERKLEY, Mr. benefits were submitted as follows: H.R. 1805: Mr. NADLER. MARKEY, and Mr. SMITH of Washington. OFFERED BY DAVE CAMP H.R. 1815: Mrs. MALONEY, Mr. GEORGE MIL- H.R. 1953: Ms. MCCOLLUM. LER of California, Mr. TIERNEY, Mr. SAR- H.R. 1955: Mr. BOUSTANY, Mr. STARK, Mr. The provisions that warranted a referral to BANES, Mr. KISSELL, Mr. YARMUTH, Mr. JACKSON of Illinois, and Mr. HONDA. the Committee on Ways and Means in H.R. ENGEL, Mr. COBLE, Mr. RIVERA, Mr. MORAN, H.R. 1966: Mr. PRICE of North Carolina and 1194 do not contain any congressional ear- Mr. PENCE, Ms. VELA´ ZQUEZ, Mr. HINOJOSA, Ms. SCHAKOWSKY. marks, limited tax benefits, or limited tariff and Ms. PINGREE of Maine. H.R. 1980: Mr. JONES. benefits as defined clause 9 of rule XXI. H.R. 1819: Mr. GOSAR. H.R. 1996: Mr. WALDEN. f H.R. 1832: Mr. JOHNSON of Ohio. H.R. 1997: Mr. KIND. H.R. 1839: Mr. WITTMAN, Mr. BACHUS, and H.J. Res. 56: Mr. GOODLATTE. Mr. COBLE. H. Con. Res. 25: Mr. WITTMAN and Mr. DELETIONS OF SPONSORS FROM H.R. 1845: Mr. THOMPSON of Mississippi, Mr. CHAFFETZ. PUBLIC BILLS AND RESOLUTIONS ´ H. Res. 13: Mr. HARRIS and Mr. LUJAN, Mr. FITZPATRICK, and Mr. NEAL. Under clause 7 of rule XII, sponsors H.R. 1852: Mr. TOWNS, Mrs. MCMORRIS ROD- RUPPERSBERGER. were deleted from public bills and reso- GERS, Mr. ENGEL, Mr. BISHOP of Utah, Mr. H. Res. 16: Mr. RIGELL. WITTMAN, Mr. MATHESON, and Mr. DINGELL. H. Res. 47: Mr. CONYERS. lutions as follows: H.R. 1861: Mr. LATOURETTE. H. Res. 111: Mr. ISRAEL. H.R. 1380: Mr. THOMPSON of Pennsylvania H.R. 1865: Mr. BUCSHON, Mrs. SCHMIDT, and H. Res. 137: Mr. RUSH, Mr. SMITH of New and Mr. GRIFFIN of Arkansas. Mr. RENACCI. Jersey, Mr. CICILLINE, Mr. SHULER, Mr. H.R. 1872: Mr. JONES, Mr. BURTON of Indi- LUJA´ N, Mr. WITTMAN, and Ms. JACKSON LEE f ana, Mr. BARTLETT, Mr. JOHNSON of Ohio, and of Texas. Ms. HERRERA BEUTLER. H. Res. 231: Mr. BURTON of Indiana, Mr. PETITIONS, ETC. H.R. 1873: Mr. WAXMAN and Mr. CLAY. CALVERT, Mr. COBLE, Mr. SCHOCK, Mr. Under clause 3 of rule XII, H.R. 1880: Ms. FUDGE. PERLMUTTER, Mr. WESTMORELAND, and Mr. H.R. 1901: Mr. GONZALEZ and Ms. WILSON of ROSS of Florida. 3. The SPEAKER presented a petition of Florida. H. Res. 268: Mrs. ADAMS, Mr. ANDREWS, the Califorina State Lands Commission, rel- H.R. 1903: Ms. MOORE. Mrs. BACHMANN, Mr. BACHUS, Mr. BISHOP of ative to supporting the San Francisco Bay H.R. 1904: Mr. TIPTON and Mr. MANZULLO. New York, Mr. BUCHANAN, Mr. CHAFFETZ, Mr. Restoration Act (Senate Bill 97); which was H.R. 1905: Mr. ANDREWS, Mr. BACA, Ms. COBLE, Mr. COFFMAN of Colorado, Mr. referred to the Committee on Transportation BERKLEY, Mr. BISHOP of Georgia, Mr. BOREN, CULBERSON, Mr. DENT, Mr. DIAZ-BALART, Mr. and Infrastructure.

VerDate Mar 15 2010 07:09 May 27, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A26MY7.112 H26MYPT1 smartinez on DSKB9S0YB1PROD with HOUSE 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, MAY 26, 2011 No. 74 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator A motion to concur in the House amend- called to order by the Honorable TOM from the State of New Mexico, to perform ment to the bill (S. 990) to provide for an ad- UDALL, a Senator from the State of the duties of the Chair. ditional temporary extension of programs New Mexico. DANIEL K. INOUYE, under the Small Business Act and the Small President pro tempore. Business Investment Act of 1958, and for other purposes, with an amendment. PRAYER Mr. UDALL of New Mexico thereupon assumed the chair as Acting President Pending: The Chaplain, Dr. Barry C. Black, of- pro tempore. Reid motion to concur in the amendment fered the following prayer: f of the House to the bill, with Reid amend- Let us pray. ment No. 347, of a perfecting nature. Author of life, who puts into our RECOGNITION OF THE MAJORITY Reid amendment No. 348 (to amendment hearts such deep desires that we can- LEADER No. 347), to change the enactment date. not be at peace until we rest in You, The ACTING PRESIDENT pro tem- Reid motion to refer the message of the House on the bill to the Committee on Small mercifully guide our lawmakers on the pore. The majority leader is recog- path of Your choosing. May Your Holy Business and Entrepreneurship with instruc- nized. tions, Reid amendment No. 349, to change word be for them a lamp and a light in f the enactment date. these challenging times. Lord, keep Reid amendment No. 350 (to (the instruc- them mindful of the importance of SCHEDULE tions) amendment No. 349), of a perfecting being men and women of integrity, Mr. REID. Mr. President, following nature. striving to please You in all of their la- any leader remarks, the Senate will re- Reid amendment No. 351 (to amendment bors. Make them people of principle sume consideration of the motion to No. 350), of a perfecting nature. who share a strong vision of a godly concur in the House message to accom- The ACTING PRESIDENT pro tem- nation with a promising future. May pany S. 990, which is the legislative ve- pore. Under the previous order, the their humility match Your willingness hicle for the PATRIOT Act extension. time until 10 a.m. will be equally di- to help them and their dependence on The filing deadline for all second-de- vided and controlled between the two You liberate them from anxiety about gree amendments to the PATRIOT Act leaders or their designees. what the future holds. is at 9:40 this morning. At 10 a.m. there Mr. REID. Mr. President, I suggest We pray in Your strong Name. Amen. will be a rollcall vote on the motion to the absence of a quorum and ask unani- mous consent that the time be equally f concur with respect to the PATRIOT Act. divided. PLEDGE OF ALLEGIANCE We are confident additional rollcall The ACTING PRESIDENT pro tem- The Honorable TOM UDALL led the votes in relation to amendments to the pore. Without objection, it is so or- Pledge of Allegiance, as follows: PATRIOT Act are possible and likely dered. The clerk will call the roll. I pledge allegiance to the Flag of the will occur during today’s session. The assistant legislative clerk pro- United States of America, and to the Repub- f lic for which it stands, one nation under God, ceeded to call the roll. indivisible, with liberty and justice for all. RESERVATION OF LEADER TIME Mr. MCCONNELL. Mr. President, I ask unanimous consent that the order f The ACTING PRESIDENT pro tem- pore. Under the previous order, the for the quorum call be rescinded. APPOINTMENT OF ACTING leadership time is reserved. The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE f pore. Without objection, it is so or- The PRESIDING OFFICER. The dered. SMALL BUSINESS ADDITIONAL Mr. MCCONNELL. Mr. President, I clerk will please read a communication TEMPORARY EXTENSION ACT OF to the Senate from the President pro will proceed on my leader time. 2011 As we all know, the war on terror did tempore (Mr. INOUYE). The assistant legislative clerk read The ACTING PRESIDENT pro tem- not end last month when American the following letter: pore. Under the previous order, the forces shot and killed Osama bin Laden Senate will resume consideration of in Abbottabad. U.S. SENATE, the motion to concur in the House mes- General Clapper, the Director of Na- PRESIDENT PRO TEMPORE, Washington, DC, May 26, 2011. sage to accompany S. 990, which the tional Intelligence, wrote to me yester- To the Senate: clerk will report by title. day to explain that this is a moment of Under the provisions of rule I, paragraph 3, The assistant legislative clerk read elevated threat to our country and of the Standing Rules of the Senate, I hereby as follows: that the intelligence community is

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

S3367

.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3368 CONGRESSIONAL RECORD — SENATE May 26, 2011 working to analyze the information have seen on our Nation’s fiscal future. The ACTING PRESIDENT pro tem- gained at the Bin Laden compound. Al- They took a pass. They have chosen to pore. By unanimous consent, the man- Qaida and its associate groups remain ignore this crisis just like they ignored datory quorum call has been waived. a threat to the United States. the last one. The question is, Is it the sense of the And our intelligence community, Three years ago, as the financial cri- Senate that the debate on the motion military and law enforcement profes- sis approached, the senior Senator to concur in the House amendment to sionals still need the tools that enable from New York was holding press con- S. 990 with amendment No. 347, offered them to gather and share intelligence ferences trying to link the war in Iraq by the Senator from Nevada, Mr. Reid, in this fight. to what passed for an economic slow- shall be brought to a close? That is why all Americans should be down at the time. The majority leader reassured today in knowing that these was postponing votes that we all knew The yeas and nays are mandatory dedicated men and women will con- would fail so Democrats who were run- under the rule. tinue to have those tools. I have no ning for President could be here to vote The clerk will call the roll. doubt that the 4-year PATRIOT Act ex- on them. Now, in the face of a looming The assistant legislative clerk called tension that Members of both parties crisis we all admit is coming—they are the roll. have agreed to will safeguard us from doing the same thing. future attacks, and that everything we This crisis is staring us right in the Mr. DURBIN. I announce that the agreed to in this extension is necessary face. The Democrats themselves—from Senator from Connecticut (Mr. for this fight. the President on down—say they see it. BLUMENTHAL) and the Senator from As FBI Director Bob Mueller has Yet, once again, they are so focused on New York (Mr. SCHUMER) are nec- said, all the authorities it contains are the next election they refuse to do any- essarily absent. critical. Every one requires the prior thing to upset the status quo. They are I further announce that, if present approval of an independent Federal more concerned about their own jobs and voting, the Senator from New Jer- judge. Nothing in this extension has than preventing a economic catas- sey (Mr. MENENDEZ) and the Senator ever been found to be unconstitutional. trophe that could affect everybody’s from New York (Mr. SCHUMER) would And most of these authorities have not job. They want to wait this out—while vote ‘‘yea.’’ even been challenged in court—ever. they hammer anybody who proposes a Mr. KYL. The following Senator is The Senate Intelligence Committee solution. They rejected their own has conducted aggressive oversight of necessarily absent: the Senator from President’s budget. They rejected three Kansas (Mr. ROBERTS). the programs authorized by these ex- Republican budgets. And they have not piring provisions. Over the past decade, even bothered to offer a budget of their The ACTING PRESIDENT pro tem- we have seen how terrorists have own. They’re just marking time, tread- pore. Are there any other Senators in proved themselves adaptable, how they ing water. the Chamber desiring to vote? have altered their tactics and methods So I think Democrats have lost the The yeas and nays resulted—yeas 79, to strike us at home. By extending this right to express concern about this cri- nays 18, as follows: invaluable terror-fighting tool, we are sis. Until they propose some solution of [Rollcall Vote No. 81 Leg.] staying ahead of them. their own, they are part of the prob- Now is not the time to surrender the lem. YEAS—79 tools authorized by this act, or to The American people didn’t send us Akaka Gillibrand McConnell make them more difficult to use. It here to hide in a corner until the next Alexander Graham Menendez was absolutely imperative that we election. They sent us here to act on Ayotte Grassley Mikulski Barrasso Hagan renew these authorities under the PA- their behalf, and this is their message: Moran Bennet Harkin Murray TRIOT Act. They have enabled others If you see a crisis coming, you better Blunt Hatch Nelson (NE) to keep us safe for nearly a decade. Our do something about it. Boozman Hoeven Nelson (FL) law enforcement professionals have Mr. President, I suggest the absence Boxer Hutchison Portman Brown (MA) Inhofe Pryor been able to use tools just like them in of a quorum, and I ask unanimous con- Burr Inouye Reed traditional criminal cases for years. sent that the time during the quorum Carper Isakson We should be relieved and reassured to call be charged equally to both sides. Casey Johanns Reid The ACTING PRESIDENT pro tem- Chambliss Johnson (SD) Risch know they won’t expire this week. Rockefeller pore. Without objection, it is so or- Coats Johnson (WI) A LOOMING CRISIS Coburn Kerry Rubio Mr. President, last June, the Chair- dered. Cochran Kirk Sessions man of the Joint Chiefs of Staff, ADM The clerk will call the roll. Collins Klobuchar Shelby The assistant legislative clerk pro- Mike Mullen, made an observation that Conrad Kohl Snowe ceeded to call the roll. Coons Kyl Stabenow may have surprised some people. A day Mr. WARNER. Mr. President, I ask Corker Landrieu Thune after Democrats here in the Senate re- unanimous consent that the order for Cornyn Lautenberg Toomey fused to allocate tens of billions of dol- the quorum call be rescinded. Crapo Levin Vitter lars in unemployment assistance un- The ACTING PRESIDENT pro tem- DeMint Lieberman Warner less the costs could be added to an al- Durbin Lugar Webb pore. Without objection, it is so or- Enzi Manchin Whitehouse ready unsustainable debt—he said that, dered. Feinstein McCain Wicker in his view, the biggest threat to our CLOTURE MOTION Franken McCaskill national security is our debt. By unanimous consent, pursuant to NAYS—18 A few months earlier, the President rule XXII, the Chair lays before the himself identified the debt as a loom- Baucus Heller Sanders Senate the pending cloture motion, Begich Leahy Shaheen ing crisis. He pointed out that almost which the clerk will report. Bingaman Lee Tester all of our long-term debt relates to the The assistant legislative clerk read Brown (OH) Merkley Udall (CO) cost of Medicare and Medicaid. And he as follows: Cantwell Murkowski Udall (NM) Cardin Paul Wyden said, ‘‘if we don’t get control of that, CLOTURE MOTION we can’t get control over our budget.’’ We, the undersigned Senators, in accord- NOT VOTING—3 He was right. ance with the provisions of Rule XXII of the But the co-chair of the President’s Standing Rules of the Senate, hereby move Blumenthal Roberts Schumer debt commission may have put it best to bring to a close debate on the motion to The ACTING PRESIDENT pro tem- just 6 weeks ago. Speaking about the concur in the House amendment to S. 990, pore. On this vote, the yeas are 79, the consequences of the fiscal path we’re with amendment No. 347. Harry Reid, Jack Reed, Carl Levin, nays are 18. Three-fifths of the Sen- on, Erskine Bowles said simply: ators duly chosen and sworn having It’s the most predictable crisis in his- Jeanne Shaheen, Mark R. Warner, Richard Blumenthal, Kent Conrad, voted in the affirmative, the motion is tory. The most predictable crisis in Kirsten E. Gillibrand, Dianne Fein- agreed to. history—and that was a Democrat stein, Bill Nelson, John D. Rockefeller talking. And yet Democrats in the Sen- Cloture having been invoked, the mo- IV, Joseph I. Lieberman, Barbara A. tion to refer the House message falls. ate don’t even want to talk about it. Mikulski, Charles E. Schumer, Debbie Yesterday, here in the Senate, Demo- Stabenow, Thomas R. Carper, Mark L. Mr. REID. Mr. President, I suggest crats rejected every single proposal we Pryor. the absence of a quorum.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3369 The ACTING PRESIDENT pro tem- pose reauthorization of the expiring various intelligence agencies of what is pore. The clerk will call the roll. provisions in the PATRIOT Act with- called the intelligence community, The legislative clerk proceeded to out significant reforms. I believe it is should be carried out forthrightly. I call the roll. critical that the administration make also believe the place to do it is in the Mr. WYDEN. Mr. President, I ask public its interpretation of the PA- Intelligence Committee itself. I have unanimous consent that the order for TRIOT Act so Members of Congress and said to these distinguished Senators the quorum call be rescinded. the public are not kept in the dark. that it would be my intention to call The ACTING PRESIDENT pro tem- Mrs. FEINSTEIN. Mr. President, I together a hearing as soon as we come pore. Without objection, it is so or- wish to thank both Senator WYDEN and back from the Memorial Day break dered. Senator UDALL for their comments. We with the intelligence community agen- Mr. WYDEN. Mr. President, I ask did have a meeting last night. We did cies, the senior policymakers, and the unanimous consent that I be permitted discuss this thoroughly. The decision Department of Justice to make sure to engage in a colloquy between Sen- was that we would enter into this col- the committee is comfortable with the ators UDALL, FEINSTEIN, and MERKLEY. loquy, so I will begin it, if I may. FISA programs and to make changes if The ACTING PRESIDENT pro tem- These Senators and I, along with the changes are needed. We will do that. pore. Without objection, it is so or- junior Senator from Oregon, Mr. So it would be my intention to have dered. MERKLEY, the Senator from Colorado, these hearings completed before the Mr. WYDEN. Mr. President, I am Mr. MARK UDALL, and the Senator from committee considers the fiscal year going to talk for just a couple of min- Rhode Island, Mr. WHITEHOUSE met last 2012 intelligence authorization bill so utes about the issue of secret law that night to discuss this amendment, the that any amendments to FISA can be Senator UDALL and I, as we are both legal interpretation of the Foreign In- considered at that time. members of the Intelligence Com- telligence Surveillance Act provisions The fact is, we do not usually have mittee, have been working on for quite and how these provisions are imple- amendments to the intelligence au- some time. Then I am going to yield to mented. thorization bill, but I believe the ma- our friend, the distinguished chair- I very much appreciate the strong jority leader will do his best to secure woman of the Intelligence Committee, views Senator WYDEN and Senator a future commitment if such is needed Senator FEINSTEIN, for a colloquy. UDALL have in this area, and I believe for a vote on any amendment. I have What this issue is all about is this: I they are raising a serious and impor- not agreed to support any amendment believe there are two PATRIOT Acts in tant point as to how exactly these au- because at this stage it is hypothetical, America. The first is the text of the thorities are carried out. I believe we and we need to look very deeply into law itself, and the second is the govern- are also all in agreement that these are what these Senators have said and ment’s secret interpretation of what important counterterrorism authori- pointed out last night with specificity they believe the law means. ties and have contributed to the secu- and get the response to it from the in- As an example, several years ago rity of our Nation. telligence committee, have both sides Americans woke up to learn that the Mr. WYDEN. Mr. President, I have hear it, and then make a decision that Bush administration had been secretly enormous respect for my special friend is based not only on civil liberties but claiming for years that warrantless from California, the distinguished also on the necessity to keep our coun- wiretapping was legal. This disclosure chairwoman of the Intelligence Com- try safe. I believe we can do that. greatly undermined the public’s trust mittee. I have literally sat next to her I am very appreciative of their agree- in the Department of Justice and our for more than a decade. We agree on ment to enter this colloquy. national intelligence agencies, and it virtually all of these issues, but this is Mr. WYDEN. Mr. President, I thank took Congress and the executive an area where we have had a difference the distinguished chairwoman of the branch years to sort out the situation. of opinion. Intelligence Committee for proposing I believe the American people will I have said I wouldn’t support a long- this course of action for addressing the also be extremely surprised when they term reauthorization of the PATRIOT secret law issue. Obviously, colleagues learn how the PATRIOT Act is secretly Act without significant reforms, par- would like more information on that, being interpreted, and I believe one ticularly in this area. I am especially and they are going to be in a position consequence will be an erosion of pub- troubled by the fact that the U.S. Gov- to know that the Intelligence Com- lic confidence that makes it more dif- ernment’s official interpretation of the mittee is going to be examining it ficult for our critically important na- PATRIOT Act is secret, and I believe a closely. I will just describe the next tional intelligence agencies to function significant gap has developed now be- steps from there. effectively. As someone who served on tween what the public thinks the law Senator UDALL and I have discussed the Intelligence Committee for 10 says and what the government secretly this issue with Senator REID. Senator years, sitting right next to Senator claims it says. That is why I and my REID indicated to the chairwoman and FEINSTEIN, I don’t want to see that colleagues from Oregon and Colorado myself and Senator UDALL that we happen. and New Mexico have proposed an would have an opportunity through Let me yield now to Senator UDALL. amendment that would make these these hearings—and, of course, any He will also have brief remarks, and legal interpretations public. amendments to the bill would be dis- any colleagues who want to speak, and Mr. UDALL of Colorado. Mr. Presi- cussed on the intelligence authoriza- then Senator FEINSTEIN will lead us in dent, let me say once again, as does my tion legislation, which is a matter that the discussion of how we will be mov- colleague from Oregon, I oppose reau- obviously has to be classified—but if ing forward. So I yield to Senator thorization of the existing provisions we were not satisfied, if we were not UDALL who has been an invaluable of the PATRIOT Act that we have been satisfied through that process, we member on the Intelligence Com- debating on the Senate floor without would have the ability to offer an mittee. He and I have worked on this significant reforms. I also have to say amendment such as our original one on since the day he joined our committee, I believe it is critical that the adminis- the Senate floor. and I am so appreciative of his involve- tration make public its interpretation Of course, the chairwoman would ment. of the PATRIOT Act so Members of still retain full rights to oppose it, but Mr. UDALL of Colorado. Mr. Presi- Congress and our public are not kept in we would make sure if this issue of se- dent, I thank the Senator from Oregon the dark. That is the important work cret law wasn’t fixed and there wasn’t for his kind words. I also wish to echo we have in front of us, and we have a an improved process to make more his remarks about the leadership of the real opportunity to accomplish those transparent and more open the inter- chairwoman of the Intelligence Com- goals. pretation of the law—not what are mittee and her focus on keeping our Mrs. FEINSTEIN. Mr. President, if I called sources and methods which are country safe and our citizens pro- may respond, I have agreed that these so important to protect our people—we tected. are important issues and that the In- would have an opportunity, if it wasn’t I also wish to make the point that, as telligence Committee, which is charged corrected in the intelligence commu- my colleague from Oregon, I also op- with carrying out oversight over the 16 nity, to come to the floor.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3370 CONGRESSIONAL RECORD — SENATE May 26, 2011 Senator REID has just indicated to all So with the cooperation the chair- substantive amendments to improve of us that he would focus on giving us woman has shown all of us who are try- the PATRIOT Act. a vote if we believed it was needed on ing to change this and the efforts of We are all aware that at the end of another bill—not the intelligence au- Senator REID to make sure if we didn’t this week three provisions of the PA- thorization—before September 30. So work it out we could come back to the TRIOT Act will expire. The three pro- there is a plan to actually get this floor again, I withdraw the Wyden- visions are business records, roving fixed, and that is what is key. Udall amendment for the time being. It wiretaps, and ‘‘lone wolf’’ terrorists. At this time I yield to the Senator ought to be clear to everybody in the I understand there is a delicate bal- from Colorado. Senate that we are going to continue ance we must strike here between pre- Mr. UDALL of Colorado. Mr. Presi- to prosecute the cause of making more venting and disrupting future terrorist dent, as we begin to end this important open and accountable the way the gov- attacks in the United States and pro- colloquy, I wish to acknowledge the ernment interprets this law in making tecting our cherished constitutional leadership of Senator WYDEN on this sure that the American people have the rights and civil liberties. We must important matter. I also wish to ac- confidence that the way it is being in- make sure that our law enforcement knowledge the involvement of the Sen- terpreted is in line with the text of the and intelligence professionals have the ator from New Mexico, who is presiding legislation. tools they need at their disposal to at this moment in time, and the Sen- I withdraw at this time the Wyden- stop future terrorist attacks. At the ator from Oregon, Mr. MERKLEY, and Udall amendment, and I yield the floor. same time, we must insure that our the Senator from Rhode Island, Mr. The ACTING PRESIDENT pro tem- government uses our scarce resources WHITEHOUSE, who has been very in- pore. The Senator from Oregon. wisely, and that it safeguards the very volved in bringing this case to the at- Mr. MERKLEY. Mr. President, I am rights and liberties that are guaran- tention of all of us. I wish to also deeply appreciative of the dialogue teed by our Constitution to all Ameri- thank my good friend from California, that has just taken place. It was Wil- cans. the chairwoman of the committee. She liam Pitt in England who commented The current legislation before the has shown a great willingness to work that the wind and the rain can enter Senate simply extends the existing PA- with everybody and to listen. my house, but the King cannot. TRIOT Act authorities for 4 more I have to say I expect that once the It captured the spirit and under- years, until 2015, without any changes committee examines this issue more standing of the balance between per- to the authorities given to the govern- closely, I think many more of our col- sonal privacy, personal freedoms, and ment or oversight of their use by Con- leagues will want to join us in reform- issues of the Crown regarding mainte- gress and the courts. ing the law in this area. I think this is nance of security. It was this founda- I think we can improve this legisla- important. I do think we can find the tion that came in for our fourth tion, as Congress seeks to strike the right balance between protecting civil amendment of our Constitution that proper balance that I have mentioned. liberties and protecting the health and lays out clear standards for the protec- I have studied this issue closely as the welfare of the American citizens. former chairman of the Terrorism and Mr. WYDEN. Mr. President, let me tion of privacy and freedoms. just make one last comment. I also So as we have wrestled with the Homeland Security Subcommittee of wish to express my appreciation to standard set out in the PATRIOT Act, the Senate Judiciary Committee. The a standard that says the government Judiciary Committee has held numer- Senator MERKLEY, who has been an ex- traordinarily outspoken advocate of may have access to records that are ous hearings on the implementation of our civil liberties and our privacy in relevant to an investigation—now, that the new PATRIOT Act authorities. We striking a good balance between fight- term is, on its face, quite broad and ex- have received testimony from govern- ing terror and protecting the rights of pansive, quite a low standard, if you ment witnesses, including the inspec- our people, and I have so appreciated will. But what happens when it is in- tor general of the Justice Department, his leadership on this issue. terpreted out of the sight of this Cham- on the improper use of some of the PA- Let me sum up. First, I am very ber, out of the sight of the American TRIOT Act authorities, and rec- grateful to our chairwoman and people? That is the issue my colleague ommendations to improve the PA- pleased with this agreement. The has raised, and it is a very important TRIOT Act. chairwoman has indicated she believes issue. Congress put these sunsets into this those of us who want to reform secret I applaud the chair of the Intel- law for a reason. I have supported these law have raised a serious and impor- ligence Committee for laying out a sunsets for the PATRIOT Act and the tant issue. Those are her words. We are process whereby we all can wrestle FISA Amendments Act. A sunset grateful for that because we obviously with this issue in an appropriate venue means that a law will not just continue believe very strongly about it. The and have a path for amendments in the on autopilot without any changes. Con- chairwoman has said we will hold hear- committee or possibly here on the floor gress uses sunsets when giving extraor- ings promptly to examine the secret of the Senate because I do think it is dinary authorities to the executive law issue, give serious consideration to our constitutional responsibility to branch so that we have a check and looking at reforms in the fiscal year make sure the fourth amendment of balance on the use of this power by the 2012 intelligence authorization bill, and the Constitution is protected, the pri- government. The separation of powers then, per our conversations with the vacy and freedoms of citizens are pro- also gives the courts a large role in re- majority leader, if Senator UDALL and tected. viewing and approving certain govern- I believed it had not been corrected on I say thank you to the Senator from ment investigatory and surveillance the intelligence authorization bill, we Colorado; my senior colleague, who has activity under the PATRIOT Act. would have the right to offer—and cer- led this effort from Oregon; my col- A sunset means that the executive tainly the chairwoman could oppose league from New Mexico, who is the branch has to come back to Congress it—an amendment on the floor of the Acting President pro tempore; and the and ask for an extension of authority. Senate on an unrelated bill. Senator chairwoman from California. Congress then has a responsibility to REID, to his great credit, in an effort to Mrs. FEINSTEIN. Mr. President, I look at how the law has been carried try to resolve this and move it along, thank my colleagues very much. I be- out, and make any needed improve- said to the three of us that he would be lieve this concludes our colloquy. ments in the law, before again extend- working to do that. I thank the Acting President pro ing the authorities in the law. Again, our thanks to the chairwoman tempore, and we yield the floor. Without any action by Congress, a and all of my colleagues on the floor, Mr. CARDIN. Mr. President, I rise to sunset leads to the expiration of the including Senator MERKLEY, who is not explain why I voted against the motion law in question, as the authorities in a member of the committee and knows to invoke cloture on S. 990, the legisla- the law will lapse. As a result, when an incredible amount about it and cer- tive vehicle for S. 1038, the reauthoriza- sunsets are involved I have found the tainly showed that last night in our tion of the USA PATRIOT ACT. I op- executive branch is more forthcoming discussions and was very helpful. I wish posed cloture because I believe the with Congress in terms of sharing in- to yield to him. Senate has an obligation to consider formation and providing classified

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3371 briefings to Congress on how they use audits includes a comprehensive anal- While some may disagree on this the authorities in question. ysis of the effectiveness and use of the issue, I simply cannot allow those That is why I voted to oppose clo- investigative authorities provided to tasked with protecting our people from ture. The Senate should have the abil- the government, including any im- being deprived of these vital, lawful ity to consider substantive amend- proper or illegal use of such authori- means to help prevent an attack. ments to the PATRIOT Act, and not ties. Mr. LEAHY. Mr. President, I am dis- simply extend the authorities as is, Finally, the Leahy amendment re- appointed that we have not been able with no changes, for another 4 years. quires enhanced court review and over- to work out an agreement that will And the Senate already has a pack- sight of minimization procedures, allow consideration of my amendment age of reforms ready for consideration, which are designed to protect the pri- to the pending USA PATRIOT Act sun- after careful deliberation in com- vacy of innocent and law-abiding set extension legislation. I think that a mittee. Earlier this week, I was pleased Americans. The amendment requires bipartisan majority of the Senate to cosponsor an amendment offered by increased public reporting on the use of would have supported our improve- the distinguished chairman of the Judi- NSL’s and FISA authorities by the ments. We have missed an opportunity ciary Committee, the Senator from government, including an annual un- to move forward to help keep our Na- Vermont, Mr. LEAHY. In the 111th Con- classified report on how FISA authori- tion secure while also strengthening gress, I was also pleased to cosponsor ties are used and their impact on the our commitment to our core constitu- similar legislation offered by Chairman privacy of United States persons. tional principles of individual liberty LEAHY. The Senate Judiciary Com- We now approach the 10th anniver- and privacy. mittee favorably reported this legisla- sary of the 9/11 terrorist attacks on The amendment I sought to offer rep- tion to the full Senate in March 2011, this Nation. The United States re- resented a commonsense and reason- as S. 193, the USA PATRIOT Act Sun- cently conducted a military and intel- able package of reforms that would set Extension Act of 2011. ligence operation which led to the kill- have improved the law, expanded civil Broadly speaking, the Leahy amend- ing of the al-Qaida mastermind of the liberties and privacy protections, and ment would increase judicial and con- attacks, Osama bin Laden. America better ensured proper oversight and ac- gressional review of surveillance au- still faces threats to its security every countability. This amendment earned thorities that sweep in U.S. citizens, day, and I thank our brave men and the cosponsorship of Senator PAUL and and would expand oversight and public women in the United States military a dozen others since we began debate reporting to ensure that Americans can and our intelligence community for on Monday, including Senators CARDIN, monitor the use of these authorities. working tirelessly to keep America BINGAMAN, COONS, SHAHEEN, WYDEN, The Leahy amendment requires the safe. FRANKEN, GILLIBRAND, HARKIN, DURBIN, In my view, the Leahy amendment government to meet a higher burden of MERKLEY, BOXER, and AKAKA. I thank proof when seeking business records strikes the proper balance of giving our these Senators for recognizing that the law enforcement and intelligence pro- from Americans, under the so-called Senate should do better than merely fessionals the tools they need to pre- section 215 orders. The amendment extend the expiring provisions of the vent and disrupt future terrorist at- would require the government to show USA PATRIOT Act for another 4 to 6 tacks, while simultaneously protect that the documents sought are rel- years without a single improvement or our civil liberties. The amendment in- evant to an authorized investigation reform. and are linked to a foreign group or cludes important new protection for Over the past 2 years, the Senate Ju- foreign power. Current law merely re- law-abiding Americans, and requires diciary Committee has diligently con- more vigorous oversight by Congress quires the government to show the sidered how to make improvements to and the courts as the government uses records are relevant to an authorized current law. The language in our these new powers. amendment was the product of more investigation. Under the amendment, Although I hope that the Leahy the government must meet an even amendment will still be made in order, than a year and a half of extensive ne- higher burden of proof to obtain book- it is important that we do not allow gotiations with Republicans and Demo- seller or library records. the PATRIOT Act authorities to ex- crats, the intelligence community, and The Leahy amendment also makes it pire. It is important for our law en- the Department of Justice. The com- easier for Americans to challenge the forcement and intelligence agencies to mittee reported a bipartisan bill last government when business records are have these tools at their disposal as Congress and another similar bill in sought. The amendment strikes the 1- they seek to prevent and disrupt future the current Congress. The bipartisan year waiting period before a recipient terrorist attacks in the United States. amendment that we sought to bring to can challenge a nondisclosure order for Mr. RUBIO. Mr. President, the PA- the Senate preserved the ability of the section 215 orders, and also strikes the TRIOT Act has been an indispensable, government to use the PATRIOT Act conclusive presumption in favor of the life-saving tool for the law enforce- surveillance tools, while promoting government on nondisclosure of such ment and intelligence communities transparency, accountability, and over- an order. that work tirelessly to protect our Na- sight. It was not everything that every- For the first time, this Leahy amend- tion from terrorist attacks. In these one wanted but it was a commonsense ment would also write into law a sun- dangerous times, the PATRIOT Act package of improvements that should set provision and greater oversight of should give a little more peace of mind have been adopted. the use of national security letters, to millions of Americans and give The Attorney General and others NSLs, by the government. This would those seeking to do us harm good rea- have repeatedly assured us that the therefore add a fourth sunset to the son to rethink their diabolical plans. measures to enhance oversight and ac- PATRIOT Act. This provision would Earlier this year, I voted to extend countability, such as audits and public shift the burden to the government to the PATRIOT Act. Today, I reaffirm reporting, would not sacrifice ‘‘the seek a court order for an NSL non- my support for reauthorizing key PA- operational effectiveness and flexi- disclosure order, and allows the recipi- TRIOT Act provisions for an additional bility needed to protect our citizens ent of such an order to challenge it at 4 years. from terrorism’’ or undermine ‘‘the any time. Our Nation’s security has and will al- collection of vital foreign intelligence Under the Leahy amendment, Con- ways be a top priority for me. As a and counterintelligence information.’’ gress will require a new series of audits member of the Senate’s Select Com- In fact, the Attorney General has con- to ensure protection of privacy and vig- mittee on Intelligence, I am aware of sistently said that the Senate Judici- orous oversight of the new authorities the constant threat our Nation faces ary Committee-passed bill struck ‘‘a given to the government. The Justice from terrorists and individuals who good balance’’ by extending PATRIOT Department inspector general would hate us and want to impose their rad- Act authorities while adding account- conduct audits of the use of three sur- ical view of the world at all costs. Any ability and civil liberties protections. veillance tools: orders for tangible changes or limits on the PATRIOT Act One of the improvements we need to things; pen registers and trap and trace would only give these extremists an make is to repair a constitutional in- devices; and NSLs. The scope of such opening to strike us. firmity in the current law. The so-

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3372 CONGRESSIONAL RECORD — SENATE May 26, 2011 called Doe v. Mukasey fix is needed to House and Senate leaders have struck a SECTION 1. SHORT TITLE. address a first amendment problem preliminary agreement for an extension to This Act may be cited as the ‘‘Small Busi- with the national security letter stat- June 2015 and may vote on the matter as ness Additional Temporary Extension Act of utes, and should not have been con- early as Thursday morning. This agreement 2011’’. was not easy to come by. Several Republican troversial in any way. Similarly, no SEC. 2. ADDITIONAL TEMPORARY EXTENSION OF senators originally wanted permanent exten- AUTHORIZATION OF PROGRAMS one can seriously contend that periodic sions—a proposition rebuffed by most Demo- UNDER THE SMALL BUSINESS ACT audits by an inspector general of past crats and civil liberties groups. In the House, AND THE SMALL BUSINESS INVEST- operations presented any operational conservative Tea Party members, who wor- MENT ACT OF 1958. concerns to law enforcement or intel- ried about handing the federal government (a) IN GENERAL.—Section 1 of the Act enti- ligence gathering. These are vital over- too much power, earlier this year bucked a tled ‘‘An Act to extend temporarily certain sight tools that everyone should have move that would have kept the provisions authorities of the Small Business Adminis- alive until December. Congressional leaders tration’’, approved October 10, 2006 (Public supported. Law 109–316; 120 Stat. 1742), as most recently As it stands now, the extension of the were forced to piece together short-term ap- provals to keep the tools from lapsing. amended by section 1 of Public Law 112–1 (125 PATRIOT Act provisions does not in- The compromise four-year extension is im- Stat. 3), is amended— clude a single improvement or reform, portant because it gives law enforcement (1) by striking ‘‘Any’’ and inserting ‘‘Ex- and includes not even a word that rec- agencies certainty about the tools’ avail- cept as provided in section 3 of the Small ognizes the importance of protecting ability. But the bill would be that much Business Additional Temporary Extension the civil liberties and constitutional stronger if oversight and auditing require- Act of 2011, any’’; and privacy rights of Americans. We could ments originally included in the version (2) by striking ‘‘May 31, 2011’’ each place it have provided the necessary tools to from Sen. Patrick J. Leahy (D–Vt.) were per- appears and inserting ‘‘July 31, 2011’’. mitted to remain. Mr. Leahy’s proposal, (b) EFFECTIVE DATE.—The amendments law enforcement and the intelligence made by subsection (a) shall take effect on community, but could have done so which won bipartisan approval in the Senate Judiciary Committee, required the attorney May 30, 2011. while faithfully performing our duty to general and the Justice Department inspec- SEC. 3. EXTENSION OF SBIR AND STTR TERMI- protect the constitutional principles tor general to provide periodic reports to NATION DATES. and civil liberties upon which all congressional overseers to ensure that the (a) SBIR.—Section 9(m) of the Small Busi- American rely. tools are being used responsibly. Mr. Leahy ness Act (15 U.S.C. 638(m)) is amended— Today’s Washington Post included an has crafted an amendment that includes (1) by striking ‘‘TERMINATION.—’’ and all editorial that urged the Senate to ex- these protections, but it is unlikely that the that follows through ‘‘the authorization’’ tend the PATRIOT Act authorities but Senate leadership will allow its consider- and inserting ‘‘TERMINATION.—The author- also to include ‘‘additional protections ation. ization’’; At this late hour, it is most important to (2) by striking ‘‘2008’’ and inserting ‘‘2011’’; meant to ensure that these robust ensure that the provisions do not lapse, and tools are used appropriately.’’ The edi- which could happen as a result of a dispute (3) by striking paragraph (2). torial observed that the bill ‘‘would be between Senate Majority Leader Harry M. (b) STTR.—Section 9(n)(1)(A) of the Small that much stronger’’ if it included the Reid (D–Nev.) and Sen. Rand Paul (R–Ky.) Business Act (15 U.S.C. 638(n)(1)(A)) is oversight and auditing requirements over procedural issues. If time runs out for amended— included in our amendment. That is consideration of the Leahy amendment, Mr. (1) by striking ‘‘IN GENERAL.—’’ and all why Senator PAUL and a dozen other Leahy should offer a stand-alone bill later to that follows through ‘‘with respect’’ and in- Senators had sponsored the amend- make the reporting requirements the law. serting ‘‘IN GENERAL.—With respect’’; The ACTING PRESIDENT pro tem- (2) by striking ‘‘2009’’ and inserting ‘‘2011’’; ment. That is why Senator LEE voted and for them this year in the Judiciary pore. The Senator from Oregon is rec- ognized. (3) by striking clause (ii). Committee. And I would note that Sen- (c) COMMERCIALIZATION PILOT PROGRAM.— ator KYL and Senator CORNYN sup- f Section 9(y)(6) of the Small Business Act (15 ported them in the last Congress. SMALL BUSINESS ADDITIONAL U.S.C. 638(y)(6)) is amended by striking I ask unanimous consent to have TEMPORARY EXTENSION ACT OF ‘‘2010’’ and inserting ‘‘2011’’. printed in the RECORD a copy of today’s 2011 SEC. 4. COMPETITIVE SELECTION PROCEDURES editorial from the Washington Post en- FOR SBIR AND STTR PROGRAMS. titled, ‘‘A Chance to Put Protections in Mr. WYDEN. Mr. President, I ask Section 9 of the Small Business Act (15 the PATRIOT Act.’’ unanimous consent that the Senate U.S.C. 638) is amended by inserting after sub- There being no objection, the mate- proceed to the immediate consider- section (r) the following: ation of S. 1082, introduced earlier ‘‘(s) COMPETITIVE SELECTION PROCEDURES rial was ordered to be printed in the FOR SBIR AND STTR PROGRAMS.—All funds RECORD, as follows: today. The ACTING PRESIDENT pro tem- awarded, appropriated, or otherwise made [From the Washington Post, May 25, 2011] available in accordance with subsection (f) pore. The clerk will report the bill by A CHANCE TO PUT PROTECTIONS IN THE or (n) must be awarded pursuant to competi- PATRIOT ACT title. tive and merit-based selection procedures.’’. The legislative clerk read as follows: (By the Editorial Board) f Congress appears poised to renew impor- A bill (S. 1082) to provide for an additional tant counterterrorism provisions before they temporary extension of programs under the SMALL BUSINESS ADDITIONAL are to expire at the end of the week. That Small Business Act and the Small Business TEMPORARY EXTENSION ACT OF much is welcome. But it is disappointing Investment Act of 1958, and for other pur- 2011—Continued poses. that lawmakers may extend the Patriot Act Mr. WYDEN. Mr. President, I ask measures without additional protections There being no objection, the Senate unanimous consent that Senator SES- meant to ensure that these robust tools are proceeded to consider the bill. used appropriately. Mr. WYDEN. Mr. President, I ask SIONS be recognized to speak for up to The Patriot Act’s lone-wolf provision al- unanimous consent that the bill be 20 minutes for debate only. lows law enforcement agents to seek court read three times and passed, the mo- The PRESIDING OFFICER (Mr. approval to surveil a non-U.S. citizen be- BROWN of Ohio). Without objection, it lieved to be involved in terrorism but who tion to reconsider be laid upon the table with no intervening action or de- is so ordered. may not have been identified as a member of The Senator from Alabama. a foreign group. A second measure allows the bate, and any statements relating to government to use roving wiretaps to keep the matter be printed in the RECORD. THE BUDGET tabs on a suspected foreign agent even if he The ACTING PRESIDENT pro tem- Mr. SESSIONS. Mr. President, we repeatedly switches cellphone numbers or pore. Without objection, it is so or- had an unfortunate series of votes last communication devices, relieving officers of dered. night, in my opinion, because it was all the obligation of going back for court ap- The bill (S. 1082) was ordered to be arranged by our leadership in the Sen- proval every time the suspect changes his engrossed for a third reading, was read ate to have a series of votes to do noth- means of communication. A third permits ing. That is unfortunate because the the government to obtain a court order to the third time, and passed, as follows: seize ‘‘any tangible item’’ deemed relevant S. 1082 United States of America, and the Sen- to a national security investigation. All Be it enacted by the Senate and House of Rep- ate are proceeding with an idea that three are scheduled to sunset by midnight resentatives of the United States of America in they do not have to have a budget. In Thursday. Congress assembled, fact, the majority leader, Senator

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3373 REID, said it would be foolish to pass a ity in the Senate, at least you should So the American people have come to budget. And as one of the staffers said, be able to produce a budget. So it pro- the conclusion that we need to change on background: Well, if we pass a budg- vides the Democratic majority—the 53 the trajectory of debt that we are pil- et, we will have to tell people how Democratic Senators they have—the ing on year after year, month after much we are going to raise their taxes opportunity to produce a budget on a month, day after day, by the billions— and talk about spending reductions, partisan basis if it cannot be done on a trillions, really. and that will not be popular. bipartisan basis. So the normal process The President’s budget, as scored by What did they do? One of the most is, you work with your colleagues on the Congressional Budget Office, would incredible things I have ever seen in the other side of the aisle, and if you produce uncontrolled debt year after the Senate. Did they express regret think a good agreement can be made in year after year, in amounts never be- that they could not pass a budget, that a bipartisan fashion, you do so and fore contemplated in our country, they would not state for the American move a bipartisan budget. making the debt trajectory of our cur- people a vision for spending and the fi- I remember last year when Senator rent baseline spending worse, not bet- nancial future of America? No. What Gregg, our Republican ranking mem- ter. did they do? They have the majority in ber, talked about his conversation with I was under the impression everybody the Senate. They called up the budget Senator CONRAD, and he said: He is not understood we had to change and get passed by the House of Representa- letting me see the budget. It is going to better. I thought, when we came in tives, which is a really historic budget, be produced the next morning. What with this Congress, the debate would be an honest budget that deals fairly and that means is, he is going to produce a over how much to change in the right objectively with the challenges we are partisan budget. He does not want our direction, how much could we do to re- facing, reduces spending, actually was opinion. He is not going to show us duce the deficits, put us on the right able to reduce some taxes, and pro- what is in his budget until the day of path. Not the President’s budget, posed, a decade out, that the Congress the mark-up. which made things worse. confront Medicare because it is going So this year, we wrote—all the Re- According to the Congressional Budg- broke. So what did they do? They publican members; I am the ranking et Office, which analyzed his budget called up that budget. Did they call it member now—we asked the Budget and scored it, as we say, the lowest sin- up to amend it? Did they call it up to chairman to show us his mark 72 hours gle deficit that budget would produce is offer us a chance to debate it and offer before the mark-up because he had not $748 billion, the lowest deficit to be amendments and fix anything anybody consulted with us and it appeared he produced under his 10-year budget. did not like about it? No. That was not was going to produce a partisan budg- President Bush was criticized for what was done. They brought it up et. Actually, he told me the date the spending. The highest budget deficit he only with the most limited debate be- hearing would commence to mark up had was $450 billion. That was the high- fore all four votes. They stacked all his budget, but he did decline to give us est President Bush had, and he was four votes on four different budgets and any advance notice or opportunity to criticized for that by many of my projections and just voted them down. see what was in it. Democratic colleagues quite vocifer- They voted down every budget that All I am saying is that the procedure ously. was offered. is set up realistically under the Budget President Obama is now heading to I have on my desk in my office the Act to allow the majority party to his third trillion dollar budget deficit. President’s budget. It is four volumes, meet its responsibility to pass a budg- This year, it is going to be $1.5 trillion, hundreds of pages, and it lays out a et. They do not need a single Repub- it looks like three times the size of budget. Every President submits budg- lican vote to pass a budget. I think it President Bush’s highest deficit. As I ets. They have a 500-person Office of is better if you can get a bipartisan said, the lowest deficit they are pro- Management and Budget staff. Every agreement. Oftentimes in the past, jecting is $748 billion, and then it year, they produce a budget. The law there have been. But since budgets rep- starts going back up again. In his 10th requires them to produce a budget. resent visions for America, oftentimes year, according to the Congressional This is the Code, the United States in recent years they have gone on pret- Budget Office, the deficit will be $1.2 Code Annotated, and in this is the law ty much a party line but not 100 per- trillion. that says a President should submit a cent. That is what I would say. It is an indefensible, irresponsible budget and the date by which he should So the President submitted his budg- budget. I am stunned that it was pre- do it. It says the U.S. Senate should et, and it was roundly criticized around sented here. It has been widely criti- commence markup in the Budget Com- the country, and I was a very severe cized, as well it should be. So it was mittee by April 1 and the Congress critic of it. So we offered that budget voted down last night. should pass a budget by April 15. Last last night. That was one of the four If you are going to vote down some- I heard, April 15 is long since passed. budgets that was offered. We brought it thing, should you not offer something How do you get a budget out of com- up. It is the only Democratic budget to in its place? That is what the fiscal mittee and to the floor of the Senate? be produced. I believe the Progressive commission that President Obama ap- What are we supposed to do by April 1? Caucus produced one in the House, but, pointed said. That was their rule. That The chairman is supposed to call a of course, it did not pass. It had a lot is what they promoted publicly: If you markup, and he is supposed to bring up of tax increases, a lot of spending in- oppose a budget, you should offer your the budget he proposes, offer it to the creases in it. It had no chance whatso- own. And, in fact, after Congressman Budget Committee. It is open for ever of being passed. The American RYAN, who served on the fiscal commis- amendment, change, and debate, then people sent us a message last year that sion with Mr. Bowles and Senator it is voted on. A budget should then they want us to get spending under Simpson, the cochairmen, he produced come out of the committee to the floor control. They want us to reduce the a budget. They gave him great credit. of the Senate. It has expedited proce- size and scope of government. That is They said it was honest and coura- dures, but you are allowed to offer what they asked us to do. geous, and it faced the challenges of amendments, and there is 50 hours of So the President’s budget came up America, and it deserved respect, and debate—not too much. It does not re- last night, and, 97 to 0, every Democrat then said: Anybody who does not agree quire the normal 60 votes we have to voted against the President’s budget. with that should show what they would have for legislation here; it only re- Well, they should because it was unac- do. quires a majority, 50 votes. ceptable. I have referred to it as the So yesterday afternoon, we had the That is basically designed, frankly— most irresponsible budget in the his- spectacle of Democratic Senators ham- when the people wrote the Budget Act tory of our country because we are in a mering and complaining about the back in the 1970s—to allow the major- deeper financial hole than we have ever Ryan budget, which in my opinion is ity party to be able to pass a budget been. That is just a fact, and it is not the most historic and responsible budg- because there were too many filibus- a short-term, little problem; it is a et to be produced in decades. No, it is ters of budgets and no budgets were problem that is getting worse in the not perfect. It is perfectly acceptable getting passed. If you have the major- years to come. to believe that it ought to be amended.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3374 CONGRESSIONAL RECORD — SENATE May 26, 2011 But it was a historic, honest attempt did yesterday—and then the majority years—that does not include the stim- at dealing with the fiscal challenges we leader is going to say, see, it is foolish ulus package, the almost $900 billion face, and would put us on a financial to produce a budget. I told you we stimulus package that was thrown out path to solvency and stability and could not produce a budget. We are not the door with almost no oversight. It eliminate the risk we are facing. We going to fool with having a budget this was just designed to spend. And do you probably should do more to reduce year. remember, it was supposed to stimu- spending than he proposed. But it was It has been 757 days since the Senate late the economy. courageous and bold and honest and has had a budget, because the majority We probably have had the slowest without gimmicks. I thought a very leader did not bring up a budget last ever rebound from a recession. It has impressive document. I looked forward year either. Does anybody have any been a very shaky recovery. They will to debating parts of it in our Budget wonder about why we are going to have say, well, we should have spent more. Committee. a $1.5 trillion deficit this year, why 40 But Rogoff and Reinhart, the profes- So what did we have last night? Yes- cents of every dollar we spend is bor- sors, tell us, when your debt gets as terday? They just brought it up and rowed? We spend $3.7 trillion and we high as that of the United States, then every Democratic Member voted it take in only $2.2 trillion. you begin to show a decline in growth. down. And why? Because he had the Experts and financial wizards all over One percent of GDP growth is reduced gumption to actually suggest that for the world are telling us, what are you when your debt reaches 90 percent of people 55 and younger, we should begin doing in the United States? You are GDP. We reached that this year, and to create a Medicare system that would about to threaten the world’s most we will go over 100 percent by Sep- be solvent and effective and save Medi- prominent economy. It could have tember 30. This is the budget that the President care, because the trustees have reduced worldwide ramifications. Our debt to has submitted to us. He has a large the year again at which it goes insol- GDP compares with Portugal and staff over there. They maintain it. A vent. Senator REID and Senator SCHU- Spain, almost as high as Greece. It will large number of them have been there MER had cleverly thought up this the- be 100 percent by September 30 of this for many years. The President sub- ory and were explicit about it. Their year. mitted to us a budget. It was rejected theory was they would not bring up And we are going away without a budget again. The people who have yesterday 97 to 0. It confirms the fact their own budget. They would not tell that we do not have a legitimate budg- asked to be given a leadership responsi- the American people how much they et before us. The President’s budget bility in the Congress cannot even wanted to increase their taxes. They has been rejected utterly. The Demo- comply with the Budget Act. They would not tell the American people crats have refused to produce one. they were going to cut anything, be- refuse to stand before the American They say: Why don’t you have a cause they might make someone un- people and say what they want to tax, mark-up and offer your budget? I can- happy and be unpopular. They would what they want to spend, what they not call a mark-up. The chairman calls just call up the Ryan budget and at- want to cut—because it would not be the mark-up. The majority leaders con- tack Republicans as wanting to kill popular. It would be foolish. fer and tell the chairmen when to call Medicare, and produce nothing in re- I do not think so. It is not accept- a mark-up. They decided not to call a sponse. They do not have any plan to able. You asked to be the leader of this budget mark-up. We do not have an op- fix the situation we are in. Congress. You asked to be the Presi- portunity to go to the Budget Com- I am disappointed about that. It is dent of the United States. You have a mittee and pass a budget. unthinkable that we would be recessing responsibility to submit a responsible We had such tremendous interest, and going home for a week without budget, an honest budget, a fact-based and a lot of the new people who got commencing markup hearings in the budget, a budget the American people elected to the Senate last fall wanted Budget Committee to produce a budget have an opportunity to understand, to to be on the Budget Committee. They that we are required by law to produce. read and study before we vote. And if traveled their States. They had heard It is unthinkable we would do that. the American people find we have cast from their people all over their States I will be presenting to the majority a bad vote, they can cast a good vote to that they wanted us to control spend- leader a letter today from Senators on throw some people out of Congress. ing. They wanted to be on the com- our side of the aisle—large numbers of They threw some people out last fall. mittee. It was the committee which Senators have signed it, saying, we do It does not look like we have gotten had more interest and more people not need to go home until we have con- the message—Business as usual. We are pushing to be on it than any other fronted this problem, and you have in denial. We do not have to change. committee. We finally selected a fabu- shown us how we are going to move Oh, no, you cannot cut this spending lous group of people to serve on the forward to meet our statutory respon- program. What do you mean you can- committee. And now we do not meet. sibility to pass a budget. not cut spending programs? Give me a Now we are not even going to mark up I think that is reasonable. That is break. The Alabama Governor, Dr. a budget. What a disappointment for what we are going to be asking today. Bentley, had to announce a 15-percent those new Members coming here with I am not going to vote to go home reduction in discretionary spending. vim and vigor and ready to do some- without having met our duty. We call Why? He did not have the money. Is thing about the future of the Republic. up our young men and women in uni- that something we have forgotten in You know, one of the things that was form. We say: You will go to Iraq for a Washington—when you do not have interesting about the President’s budg- year. They say: Well, I would rather money, you should not spend it? et is how much praise it got from our not go. It is in your contract. You Well, you say, it is all because of this Democratic colleagues who voted it signed up. You have to go. It is your economy, or something else. Look, down last night when it came out. This duty. And they say, yes, sir, and they under President Obama, nondefense is what Senator SCHUMER said about it: go. discretionary spending in 2 years went ‘‘This is a responsible proposal. I be- Many of them have lost lives and up 24 percent. We are going broke. We lieve this approach should have bipar- limbs and we ought to remember them are increasing spending on all the gov- tisan support.’’ Senator BILL NELSON: this Memorial Day. But Do not we have ernment programs. On an average, in ‘‘I personally think the President’s a duty here? I think we do. I think we the last 2 years that is 12 percent a budget is a step in the right direction.’’ have a duty to the United States of year. You know, the value of your Senator MAX BAUCUS: ‘‘The President’s America to produce a budget, whether money will double in 10 years if your budget strengthens our economy.’’ Sen- or not it is law. But it is law in the interest is 7 percent. At 12 percent, I ator BEN CARDIN: ‘‘President Obama United States Code. That is our duty. guess the size of government would in- has given us a credible blueprint.’’ Sen- We do not need to be going home until crease and double in 6 years. ator TOM CARPER: ‘‘The President’s we fulfill it, and we have a plan to go Great scott. No wonder people are budget is an important step forward.’’ forward with it. I want to say this is upset with us. We have been spending Senator FRANK LAUTENBERG: ‘‘Presi- not a little bitty matter with me. We incredibly recklessly. Also the 12 per- dent Obama’s budget presents a careful are not going to have four votes—as we cent I mentioned—24 percent in 2 evaluation of what our Nation needs.’’

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3375 They all voted no last night. You was rejected last night. If it caused us The PRESIDING OFFICER. Without know, with friends like that, you do to live within our means and allowed objection, it is so ordered. not need enemies, as they like to say. us to pay down our debt then I would RESIGNATION OF DOMINIQUE STRAUSS-KAHN But what about Mr. Erskine Bowles, vote for it. It did not come close to Mr. KIRK. Mr. President, last week, I the man President Obama chose to that. Yet the President talked about it spoke on the floor regarding the res- serve as chairman of the debt commis- all over the country, and his staff ran ignation of Dominique Strauss-Kahn, sion? Mr. Bowles talked about the around saying this budget will allow us who is managing director of the Inter- budget. He was rather stunned actually to live within our means. That is to- national Monetary Fund, due to the se- when it came out. It came out I think tally inaccurate, and that is irrespon- rious criminal charges he is now facing on Friday. On Sunday, Mr. Bowles said: sible. What the President should have in New York. ‘‘It comes nowhere close to where they done, and what our Democratic leaders Mr. Strauss-Kahn has since resigned, will have to go to avoid a fiscal night- have to help us with, is go to the Amer- but it appears he will now receive at mare.’’ ican people and, with clarity, without least a $250,000 taxpayer-funded sever- Can you imagine? This is the man equivocation, say we cannot continue. ance pay package from the IMF and President Obama chose to head the def- We must tell them big changes have to may be eligible for further undisclosed icit commission, and he hammered this be made, and we are so sorry this coun- amounts in annual IMF retirement budget. try has gotten in the shape we are in. benefits. He said it is nowhere close, and it is We must say that we are going to make Since the United States is the largest nowhere close to doing what we have to some changes, and we urge you to help contributor to the IMF, we now face do. So I believe what we went through us stick together and do it. We must do the potential share scenario where the yesterday was a sham, a mockery, a this to put the country on the right American taxpayer is partly under- joke, and had no meaning. It was noth- path. writing severance payments and retire- ing but politics, nothing but an avoid- But what do we have? We have Con- ment packages to a man who is pend- ance of responsibility to help provide gressman RYAN, in the Republican ing a criminal conviction as a felon. leadership. House, who had the temerity, the cour- This is clearly unacceptable, and it is We all know some serious choices age, the discipline, and the sense of my hope that the U.S. executive direc- have to be made, and I will close with duty sufficient to pass a budget that tor to the IMF, Meg Lundsager, advo- these thoughts. We are going to need a would actually do what needs to be cates that no future benefits pass to partnership in the Senate between our done. They called it up and attacked it Mr. Dominique Strauss-Kahn, if he is parties. There are going to be some with everything they had, but they will convicted of the crimes with which he tough choices which have to be made. not produce anything of their own. is charged. In my view, we simply cannot continue It cannot be denied that this is a fail- As you know, the IMF is spear- at our rate of spending. It has to be re- ure of leadership. I believe the process heading efforts to manage a very wide duced. But we have people in denial, and path we are on now is dangerous; it and deep European debt crisis. Despite who don’t think it has to be reduced. is not public, it is secret. They tried to my reservations about U.S. taxpayer But when your lowest deficit in 10 produce a secret plan on comprehensive bailouts for Greece, Ireland, and Por- years is projected to be $740 billion, and reform of immigration. The American tugal, the institution does play a very this year’s will be the highest in the people heard about it, and down it critical role in financial leadership. I history of the Republic, $1.5 trillion or went. They tried to negotiate in secret think it needs to set an example, espe- more—how do we get there? this health care reform bill. They were cially with regard to its now-disgraced We are going to have to make some able to hold their votes on a straight leader. choices. I have saluted the Gang of Six, party-line vote—60 to 40—but the Mr. Strauss-Kahn has failed to live who have tried. Apparently, they have American people were not happy with up to the expectations of his institu- fallen on hard times and the prospects the process or results and a lot of peo- tion and what the American taxpayers aren’t good for that. Now the Vice ple who participated in that spectacle support. President is meeting. There is some ex- didn’t come back after this last elec- STATE BAILOUTS cuse, they say, that we don’t have to do tion. Mr. President, the U.S. Treasury is our business openly and before the pub- That is not the path we are hearing scheduled to borrow over $1.4 trillion lic and stand and be accounted for be- from our constituents. Our constitu- this year, and we have a scheduled in- cause that would not work. People are ents are saying: You work for us. We terest payment of over $220 billion. We afraid to make tough choices and deci- want to see you publicly stand and de- will pay more in interest this year sions in public. fend the values we believe in. If you than we do for the cost of the U.S. I believe the American people are not don’t do so, we are going to hold you Army. I am very concerned about this happy with us. I know they are not accountable. I think that is democracy situation and also an underreported fi- happy with us. Seventy percent of in America, and that is healthy. I don’t nancial situation developing in Amer- them believe this country is on the think there is anything wrong with it. ican States. The situations in my home wrong track, and the biggest part of I respect the American people who are State of Illinois and the State of Cali- that, surely, is our fiscal management. watching Congress and demanding that fornia are the most dire. I would regret They know this debt cannot be sus- we change the trajectory we are on. any attempt by these States to seek a tained. So we need to do something. I believe strongly that we need to do Federal bailout. To defend the full The best way to do it is to follow the better. I believe strongly that this Con- faith and credit of the United States, I regular order, follow the legally con- gress should have in play and commit think we should move forward with a stituted method of budget processing. before we recess—or not recess—a plan resolution that I introduced with a Let’s have a Budget Committee meet- to deal with the financial crisis our Na- number of other Senators, S. Res. 188, ing, and if the Gang of Six has ideas, tion faces. When we do that, we can that expresses the sense of the Senate let’s have them brought up in the feel like we are fulfilling our duty both that we should have no Federal bailout Budget Committee and vote on them. If in law and morally to the people who for the States. Vice President BIDEN wants to send have given us the honor of serving in This is an issue that has concerned something over, I am glad to hear it. If this body. the Senate once before. In the 1840s, we the President wants to send his people I yield the floor and suggest the ab- faced a funding crisis of the States. over to defend this budget that has sence of a quorum. The Senate wisely advised then-Sec- been rejected 97 to zero, let them do it. The PRESIDING OFFICER. The retary of the Treasury Daniel Webster I will tell you what he and his Budget clerk will call the roll. to seek or report on any discussions Director, Mr. Lew, said—can you be- The assistant legislative clerk pro- that he might have had that could have lieve it? They said this budget will ceeded to call the roll. led to guaranteeing State debt. It was allow us to live within our means and Mr. KIRK. Mr. President, I ask unan- the Senate’s express resolution that not spend money we don’t have. That is imous consent that the order for the prevented Treasury Secretary Webster the way they promoted this budget. It quorum call be rescinded. from bailing out the State’s

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3376 CONGRESSIONAL RECORD — SENATE May 26, 2011 debt. The crisis at the time was even costs we defend the credit rating of the What is happening right now is so in- reflected in Charles Dickens’ famous United States. It is our sacred duty to humane. I wish I had the pictures I book ‘‘A Christmas Carol,’’ in which make sure that what is befalling the showed before. The beautiful First Scrooge was described as someone who people of Greece and the people of Por- Lady, Simone Gbagbo, is a beautiful was less than wealthy because he had tugal and the people of Ireland, being lady, and they took her into captivity, overinvested in what were called misruled by governments that said yes pulled her hair out by the roots, and United States sovereigns. In fact, the to every special interest spending idea ran through the streets of Abidjan, phrase in the ‘‘Christmas Carol’’ is and no to their economic future, does holding up her hair in their hands. ‘‘not worth a United States sovereign’’ not infect the credit rating of the They are murdering everyone who is a because of the spend-thrift policies of United States. friend of that administration. many State governments at the time. That is why this resolution is so Well, I have one plea right now. The Senate at that time took the needed, and that is why I am so proud There are a lot of options on what they correct action to prevent the spend- to submit it today in the full and com- can do. They can murder the President thrift actions of several States from plete historic financial tradition of the and First Lady—and they are consid- contaminating and ruining the credit Senate. ering that now. They are trying to con- rating of the United States itself. I yield the floor. sider some way to make it look like Our credit rating is already under The PRESIDING OFFICER. The sen- suicide. I don’t know what they are stress with reports, especially by ior Senator from Oklahoma is recog- doing. The State Department doesn’t Standard & Poors, that we may face a nized. know what they are doing. Unfortu- loss in the AAA credit rating invented Mr. INHOFE. Mr. President, I ask nately, the State Department doesn’t to symbolize the strength of the United unanimous consent to speak as in even care what they are doing. States if we don’t change the spending morning business for 10 minutes. One of the options would be to allow course soon. A way to accelerate the The PRESIDING OFFICER. Without the President and the First Lady and loss of a AAA credit rating is to guar- objection, it is so ordered. some who are close to go to another (The remarks of Mr. INHOFE per- antee or somehow bail out spend-thrift country in Sub-Saharan Africa and be taining to the introduction of S. 1085 States such as Illinois or California. able to stay in that country. We have are printed in today’s RECORD under In Illinois, we have a very courageous already located host countries to allow ‘‘Statements on Introduced Bills and State treasurer who just took office that to take place. Joint Resolutions.’’) and made a clear statement. Treasurer So I am making an appeal right now. Dan Rutherford has told the leaders of COTE D’IVOIRE I can’t get the Secretary of State to my own State they need to stop bor- Mr. INHOFE. Mr. President, I have talk to me about it. I can’t get anyone rowing, they need to stop spending. He made four speeches on the floor in the else but just a handful of people, but is seeking no Federal bailout for his last month about the disaster, the ca- we need to do something and do some- State. The State situation is quite tastrophe that is taking place in a thing now—today. If we wait until dire. country in west Africa called Cote after this recess, I would almost say By one estimate, the revenues and d’Ivoire. Cote d’Ivoire is a country their blood will be on the hands of the pensions of the State of Illinois are the whose President, the legitimate Presi- State Department because we can do worst funded in America. Less than 40 dent, I might add, is Laurent Gbagbo, something about it now. All we have to percent of the pensions, by one esti- with his wife Simone. Someone named do is encourage the new, illegitimately mate, have been funded. With this type Alassane Quattara, from the northern elected President of Cote d’Ivoire— of track record, you could see a situa- part of Cote d’Ivoire, with a rigged Alassane Ouattara—and his adminis- tion in which California or Illinois, in a election, came in; it was certified. It tration to give an opportunity for an- crisis, would seek a bailout from the was all set up before we knew what was other state to host these two individ- Senate and from the House. I think we going on. uals. Quite frankly, I think that would should repeat the wise precedent set in That individual’s name is Quattara. be a very smart thing politically for the 1840s, the advice we sent to Treas- His death squads today, this very mo- him to do because with the other two ury Secretary Daniel Webster to set a ment as we speak, are roaming the options, we all know what happens. We clear marker for our own Treasury Sec- streets of Abidjan in Cote d’Ivoire. He know what martyrs are, and that is retary to make sure there is no bailout is murdering and he is raping. Right what would happen. now they have in captivity Laurent for the States. To protect our credit So this is, I guess, a final appeal to Gbagbo, the legitimate President of rating, I think this action is necessary, anyone who is sensitive to the tor- Cote d’Ivoire. I think they are in the especially to reassure the credit rating turing, raping, and murdering that is process of perhaps killing him right agencies. going on today to join me in encour- What would happen if we don’t? now. We don’t know that. The State aging the State Department, the Could we provide temporary benefits to Department does not know it. No one United Nations, France, and Alassane Illinois and California? We could. Could knows it. Ouattara to turn over President and we underwrite their policies of spend- We had a hearing. The State Depart- Mrs. Gbagbo to a host country for their thrift ways? We could. Would we accel- ment was totally without compassion asylum. erate a loss of the AAA credit rating of or concern over what is happening in With that, I yield the floor. the United States? We could. We are al- the streets of Abidjan. We saw, we wit- ready seeing an example of what hap- nessed on video, the helicopters coming The PRESIDING OFFICER (Mrs. pens when you drive your national through and destroying that city. We HAGAN). The Senator from Florida. economy off a cliff. Many of us origi- have friends there right now who tell OIL SPECULATION nally hailed from our long-time ances- us that even today the death squads of Mr. NELSON of Florida. Madam tors who passed from Ireland, and re- Alassane Quattara are roaming the President, we have all heard the phrase cently the Irish Government finances streets murdering people. No one can ‘‘drill, baby, drill.’’ Well, it is inter- collapsed as they lost their credit rat- say within 10,000 people how many peo- esting that the pro-oil company folks ing. Because interest rates spiked in ple they murdered. think that all of our answers have to that country so fast, 53 percent of My concern is it is too late to do any- do with drilling because, lo and behold, mortgages in Ireland were foreclosed in thing about that. They rigged the elec- we have actually increased our domes- a short space of time after the loss of tion. I documented it. I sent the docu- tic production. Let me quote from a their credit rating. mentation to the State Department. Reuters story from May 25: We need to act to protect the people They paid no attention to it. France Crude oil production, especially in the deep of the United States from such an eco- was behind the whole thing. France waters of the Gulf of Mexico, increased by nomic fate. That is why we need to say wants to have as much control as they 334,000 barrels per day between 2005 and 2010, no to any State bailouts, why we need can of west Africa. They conned the which also cut into foreign oil purchases. to cut spending in Washington, and United Nations into it and our State As a matter of fact, the article goes why we need to make sure that at all Department went along with it. on to say:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3377 Imports of crude and petroleum products ago—entitled ‘‘U.S. Suit Sees Manipu- happened back in 2008 when the price of accounted for 49.3 percent of the U.S. oil de- lation of Oil Trades.’’ Let me quote gas went so high. Speculators con- mand last year, down from the high of 60.3 from the article. stitute now anywhere from two-thirds percent in 2005. It also marked the first time The suit says that in early 2008 they tried to 80 percent of the market. They are since 1997 that America’s foreign oil addic- to hoard nearly two-thirds of the available tion fell under the 50 percent threshold. no longer a bit player, they are the supply of a crucial American market for main player, and this is what we need Now, that is worth noting. That is crude oil, then abruptly dumped it and im- to end. really something because the trend is properly pocketed $50 million. In last year’s financial reform bill, reversing. Maybe it is that we are get- So the Federal commodities regu- we directed the Commodity Futures ting more energy conscious. Maybe it lators filed a civil lawsuit against two Trading Commission to set hard limits is that we are expending less gasoline obscure traders in Australia and Cali- on the speculative positions. We gave in our vehicles because of the higher fornia and three American and inter- them a deadline of last January 21. miles-per-gallon standards. Maybe we national firms. This was in the context Now we are here months past the dead- are remembering to turn off the lights of 3 years ago, in 2008, when oil prices line, but the CFTC has not yet final- when we leave the room. Maybe we are had surged past $100 a barrel. There ized a rule. being a lot more sensitive to how vul- were those suspicions then that traders Why should they do this? If you are a nerable we are because we depend—as had manipulated the market, and that legitimate user of oil—say, an airline— we have in the past—on upwards of 60 ultimately has led to a number of com- you have every reason to want to hedge to 70 percent of our daily consumption mentaries and investigations. against the price of that oil going way from foreign shores, places such as Ni- Well, the regulators at the Com- up, so you buy a contract for delivery geria and the Persian Gulf and Ven- modity Futures Trading Commission of oil at a specified price at a future ezuela. have now filed this suit, and they are date. But if you are a speculator—buy- Now, I have just named three very looking into the fraud being utilized in ing and selling oil futures contracts, unstable parts of the world that could, these oil and gas markets, particularly having no intention to use the oil, hav- at any moment, cut off that produc- the commodity futures markets. ing only to put as a downpayment a tion. So maybe America is finally wak- In the past months, I have come to bare percentage of the total contract ing up to the fact that, lo and behold, the Senate floor several times to dis- price—you can manipulate that price we have to be concerned about our en- cuss the net result of all of this, which upwards by buying and selling those ergy sources and not depend so much is what we pay at the pump, and how it contracts. This is exactly what hap- on foreign production. directly links to these oil speculators pened back in 2008. It is what is hap- The mantra ‘‘drill, baby, drill’’ im- and the game they play in running up pening again, as we have seen the price plies that if we just continue to drill— the price of oil. Using the data from of a barrel of oil go up and up. in places where we can drill domesti- the Commodity Futures Trading Com- We passed the law last year. The cally—that is going to solve our prob- mission and price data from the Energy Commission has the authority. We lem. But that ignores the fact that it Information Administration, we have should not have to pass another law takes about 10 years to take an oilfield shown on this floor in speech after that requires them to do it, but if the and get it into production. So that speech—until I am blue in the face— CFTC cannot get the job done, then we doesn’t solve our problem now as we the direct link between the rising level are going to have to. That is the bot- are facing these high gas prices. That of speculators and their speculation in tom line. is what I want to talk about, the high our energy markets and the sky- The American people are outraged. gas prices. rocketing oil and gas prices. Here America is lowering its consump- We ought to drill where we should. A When the top executives of the five tion of oil, here America is lowering its lot of people do not know that of the 37 largest oil companies in the United imports of oil, here we are getting million acres that are leased in the States testified a week ago in our Sen- more energy conscious, and yet the Gulf of Mexico only 7 million are ate Finance Committee on what role price of gas keeps going up. It is time drilled. There are 37 million acres speculation played in the oil markets, I to put an end to this. leased in the Gulf of Mexico, but only asked them to please explain why gas I yield the floor, and I suggest the ab- 7 million of those 37 million acres are prices are remaining so high when oil sence of a quorum. The PRESIDING OFFICER. The drilled. So let’s do drill, baby, drill. prices have begun to fall. Madam Presi- Let’s drill on all those leases, those 30 clerk will call the roll. dent, you should have heard the mum- The bill clerk proceeded to call the million acres in the gulf and elsewhere bling around that followed. The truth roll. that are existing leases and that is, speculators, whether they are active Mr. MCCAIN. Madam President, I ask haven’t been drilled. traders or passive investors, have hi- unanimous consent that the order for But it is not the world oil market jacked our oil markets in recent years, the quorum call be rescinded. and the U.S. consumption that is caus- and the American people are the ones The PRESIDING OFFICER. Without ing these gas prices to go up. There are who are suffering the consequences be- objection, it is so ordered. other factors, and I want to talk about cause the price of that gas goes up The Senator from Arizona is recog- that as well. It is true there are new when we pump it into our cars. nized. demands on oil consumption from bur- Oil prices are set in futures markets, Mr. MCCAIN. I thank the Chair. geoning countries such as China and such as those regulated by the Com- Mr. President, in a few minutes my India, and that causes more oil to be modity Futures Trading Commission. colleague from Maryland, Senator consumed from the world marketplace. Futures contracts—meaning we buy a CARDIN, will be introducing a bill But remember what I just cited; that contract of oil at a specified price to be which I am a cosponsor of, along with the United States is lowering its con- delivered at a future date—allow oil a large bipartisan group of our col- sumption of imported oil. So that is producers to lock in prices on their fu- leagues. I wish to emphasize at the out- clearly not a factor affecting the price ture output. Those contracts also allow set that some may characterize this of oil worldwide or the price at the large consumers of fuel, such as air- legislation as anti-Russian. In fact, I pump we pay for the refined gasoline. lines, to lock in a price as a hedge believe it is pro-Russian. It is pro the No, there is another reason. That against inflation and that future price people of Russia. It is pro the people reason happens to be the speculators swinging way up. who stand up for human rights and de- who are out there running up the price The futures markets were intended mocracy in that country which, unfor- on commodity exchanges for oil futures to bring actual producers and real con- tunately, seems to be sadly deprived of. contracts. Those prices run up until sumers of oil together, and, in doing so, This legislation, as my colleague and they are ready to dump them, and then the supply would match the demand. friend Senator CARDIN will describe, re- suddenly they go down. Speculators then were allowed to play quires the Secretary of State, in con- I want to call the attention of the a limited role to ensure there was suffi- sultation with the Secretary of the Senate to a New York Times story cient liquidity in the market. But then Treasury, to publish a list of each per- from May 24—just a couple of days here is what happens—and this is what son whom our government has reason

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3378 CONGRESSIONAL RECORD — SENATE May 26, 2011 to believe was responsible for the de- islation. I hope in his remarks perhaps often publicly, with the hope that tention, abuse, or death of Sergei my friend from Maryland would men- these statements will be all they need Magnitsky; participated in efforts to tion the latest in the last few days to do. They say oh, yes, we are against conceal the legal liability for these which was the affirmation of the in- these human rights violations. We are crimes; committed those acts of fraud credible sentence on Mr. Mikhail for the rule of law. We are for people that Magnitsky uncovered; is respon- Khodorkovsky and his associate which being able to come forward and tell us sible for extrajudicial killings, torture, is, in many ways, tantamount to a about problems and be able to correct or other gross violations of human death sentence; again, one of these bla- things. They condemn the abusers, but rights committed against individuals tant abuses of justice and an example they take no action. They think their seeking to expose illegal activities in of the corruption that exists at the words will be enough. Well, we know Russia or exercise other universally highest level of government. differently. We know what is happening recognized human rights. I wish to say again I appreciate the today in Russia. Second, the individuals on that list advocacy of my colleague from Mary- We know the tragedy of Sergei would become the target of an array of land and his steadfast efforts on behalf Magnitsky was not an isolated episode. penalties, among them, ineligibility to of human rights in Russia, Belarus, and This is not the only time this has hap- receive a visa to travel. They would other countries. It has been a great pened. My colleague from Arizona men- have their current visas revoked, their honor to work with him and for him in tioned the Mikhail Khodorkovsky case. assets would be frozen that are under bringing this important resolution to Mr. Khodorkovsky is today in prison U.S. jurisdiction, and U.S. financial in- the floor of the Senate. with even a longer sentence. Why? Be- stitutions would be required to audit I ask unanimous consent that at the cause he had the courage to stand up themselves to ensure that none of appropriate time, the Senator from and oppose the corrupt system in Rus- these individuals are able to bank ex- Maryland and I be allowed to engage in sia and something should be done cess funds and move money in the U.S. a colloquy. about it. That is why he is in prison, financial system. The PRESIDING OFFICER. Without and that is wrong. I guess the first question many peo- objection, it is so ordered. So it is time we do something about ple will be asking is who was Sergei The Senator from Maryland. this and that we make it clear that ac- Magnitsky? Who was this individual Mr. CARDIN. Mr. President, let me tion is needed. For too long, the lead- who has aroused such outrage and thank Senator MCCAIN, not just for ers in Russia have said we are going to anger throughout the world? He was a taking time for this colloquy con- investigate what happened to Sergei tax attorney. He was a tax attorney cerning Mr. Magnitsky but for his Magnitsky. We think it is terrible he working for an international company longstanding commitment to justice died in prison without getting adequate called Hermitage Capital that had in- issues, human rights issues, and the medical care. As Senator MCCAIN vested in Russia. He didn’t spend his values the United States represents pointed out, here is a person whose life as a human rights activist or an internationally. only crime was to bring to the proper outspoken critic of the Russian Gov- We have had a long, proud, bipar- attention of officials public corruption ernment. He was an ordinary man. But tisan, and, most importantly, success- within Russia. As a result of his whis- he became an extraordinary champion ful record of promoting basic American tleblowing, he was arrested and thrown of justice, fairness, and the rule of law values such as democratic governance in jail and died in jail. He was tortured. in Russia where those principles, and the rule of law around the world. That cannot be allowed, to just say, frankly, have lost meaning. Engaging the countries of the Eastern Oh, that is terrible. We know the peo- What Sergei Magnitsky did was he Bloc in matters such as respect for ple who were responsible. In some cases uncovered a collection of Russian Gov- human rights was critical to winning they have been promoted in their pub- ernment officials and criminals who the cold war. We will never know how lic positions. Well, it is time for us to were associated with the Russian Gov- many lives were improved and even take action. That is why we have intro- ernment officials who colluded to de- saved due to instruments such as the duced this legislation. fraud the Russian state of $230 million. Helsinki Final Act and the Jackson- While this bill goes far beyond the The Russian Government in turn Vanik amendment. These measures de- tragic experiences of Sergei blamed the crime on Heritage Capital fined an era of human rights activism Magnitsky, it does bear his name, so and threw Magnitsky in prison in 2008. that ultimately pried open the Iron let me refresh everyone’s recollection Magnitsky was detained for 11 Curtain and brought down the Wall. with some of the circumstances con- months without trial. Russian officials, Thankfully, the cold war is over and we cerning his death. I mention this be- especially from the Interior Ministry, have a stronger relationship, both at cause some might say, why are we pressured Magnitsky to deny what he the governmental and societal levels, talking about one person? But as the had uncovered—to lie and to recant. He with countries in Eastern Europe. But, Soviet dictator Joseph Stalin said, refused. He was sickened by what his sadly, internationally recognized ‘‘One death is a tragedy; one million is government had done and he refused to rights and freedoms continue to be a statistic.’’ I rarely agree with Dic- surrender principle to brute power. trampled and, in many cases, with ab- tator Stalin, but we have to put a As a result, he was transferred to in- solute impunity. human face on the issue. People have creasingly more severe and more hor- With the possibility of Russia’s ac- to understand that these are real peo- rific prison conditions. He was forced cession to the World Trade Organiza- ple and real lives that have been ruined to eat unclean food and water. He was tion, and the Presidents of the United forever as a result of the abuses within denied basic medical care as his health States and Russia meeting in France, Russia. worsened. In fact, he was placed in ours is a timely discussion. Sergei was a skilled tax lawyer who even worse conditions until, on Novem- Last week, I joined my distinguished was well known in Moscow among ber 16, 2009, having served 358 days in colleague, the Senator from Arizona, many Western companies, large and prison, Sergei Magnitsky died. He was and 14 other Senators from both par- small. In fact, he even did some ac- 37 years old. ties to introduce the Sergei Magnitsky counting for the National Conference Sergei Magnitsky’s torture and mur- Rule of Law Accountability Act—a on Soviet Jewry. Working at the Amer- der—let’s call it what it really was—is broad bill to address what the re- ican law firm of Firestone Duncan, an extreme example of a problem that spected watchdog Transparency Inter- Sergei uncovered the largest known is unfortunately all too common and national dubbed a ‘‘systematically cor- tax fraud in modern Russian history widespread in Russia today: the fla- rupted country’’ and to create con- and blew the whistle on the swindling grant violations of the rule of law and sequences for those who are currently of his fellow citizens by corrupt offi- basic human rights committed by the getting away with murder. cials. For that he was promptly ar- Russian Government itself, along with Actions always speak louder than rested by the subordinates of those he its allies. words. The diplomatic manner of deal- implicated in the crime. He was held I note the presence of my colleague ing with human rights abuses has fre- under torturous conditions in deten- and lead sponsor of this important leg- quently been to condemn the abusers, tion for nearly a year without trial or

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3379 visits from family. He developed severe sinki Commission. She was a coura- arresting people who are just speaking medical complications which went de- geous human rights defender who was their minds, doing their business le- liberately untreated, and he died on brutally assassinated. gally, putting them in prison, trying November 16, 2009, alone in an isolation So it is time for Russia to take ac- them, and in the Khodorkovsky case cell while prison doctors waited outside tion. But we cannot wait; we need to actually increasing their sentences the his door. Sergei was 37 years old. He take action. more they speak out against the re- left behind a wife, two sons, a depend- Mr. MCCAIN. Will the Senator yield gime. ent mother, and so many friends. for a question? That is how authoritarian they want Shortly after his death, Philip Pan of Mr. CARDIN. I yield back to my col- to be and how oppressive they are to the Washington Post wrote: league. human rights. But I could go further. If Magnitsky’s complaints, made public by Mr. MCCAIN. First, I thank my col- one is a journalist in Russia, and they his attorneys as he composed them, went un- league from Maryland for a very elo- try to do any form of independent jour- answered while he lived. But in a nation quent and, I think, very strong state- nalism, they are in danger of being where millions perished in the Soviet gulag, ment, to which I can add very little. beaten, being imprisoned, being mur- the words of the 37-year-old tax lawyer But isn’t it true, I ask my friend, that dered. It is very intimidating. The list struck a nerve after he died . . . his descrip- this Magnitsky case and the goes on and on. tions of the squalid conditions he endured Khodorkovsky case, which I would like have been splashed on the front pages of Mr. MCCAIN. Could I ask my col- newspapers and discussed on radio and tele- for us to talk a little bit more about, league, what implications, if any, does vision across the country, part of an outcry are not isolated incidents? the Senator from Maryland believe this even his supporters never expected. In other words, this is the face of the should have on the Russian entry into I think Senator MCCAIN and I would problem in Russia today. As the Sen- the World Trade Organization? agree, there is a thirst for democracy ator mentioned, in its annual index of Mr. CARDIN. Well, it is very inter- around the world. People in Russia perceptions of corruption, Trans- esting, I say to Senator MCCAIN. I just want more. They want freedom. They parency International ranked Russia came from a Senate Finance Com- want accountability. They want honest 154th out of 178 countries—perceived as mittee hearing, and we were talking government officials. They are out- more corrupt than Pakistan, Yemen, about a free-trade agreement. I am for raged by what happened to Sergei and Zimbabwe. The World Bank con- free-trade agreements. I think it Magnitsky. siders 122 countries to be better places makes sense. It is funny, when a coun- I would point out just last week I to do business than Russia. One of try wants to do trade with the United met with a leader of the Russian busi- those countries is Georgia, which the States, they all of a sudden understand ness community who came here and World Bank ranks as the 12th best they have to look at their human traveled at some risk, I might say. country to do business. rights issues. Just visiting me was a risk. We have In other words, isn’t it true in the I think all of us would like to see people from Russia who are being ques- Magnitsky case, it is what has been Russia part of the international trade tioned because they come and talk to taking place all across Russia, includ- community. I would like to see Russia, us. But he said to me that what hap- ing this incredible story of which is already a member of a lot of pened here needs to be answered by the Khodorkovsky, who was one of the international organizations, live up to Russian authorities. He understands wealthiest men in Russia, one of the the commitments they have made in why we are introducing this legisla- wealthiest oligarchs who rebelled joining these international organiza- tion. against this corruption because he saw tions. A year after his death, and with no the long-term consequences of this But it is clear to me that Russia one held accountable, and some of kind of corruption and was brought to needs to reform. If we are going to have those implicated even promoted and trial, convicted, and then, when his business leaders traveling to Russia in decorated, The Economist noted: sentence was completed, they charged order to do business, I want to make At the time, few people outside the small him again? sure they are safe in Russia. I want to world of Russian investors and a few human- Talk about a corrupt system, isn’t it make sure they are going to get the rights activists had heard of Mr. Magnitsky. true that Vladimir Putin said he protection of the rule of law in Russia. A year later, his death has become a symbol should ‘‘sit in jail,’’ and we now know I want to make sure there are basic of the mind-boggling corruption and injus- that the whole trial was rigged, as re- rights that the businesspeople in Rus- tice perpetrated by the Russian system, and vealed by people who were part of the sia and the United States can depend the inability of the Kremlin to change it. whole trial? In other words, isn’t it upon. Regrettably, we know Sergei’s case, true, I would ask my friend from Mary- So, yes, I understand that Russia egregious as it is, is not isolated. land, that what we are talking about is would like to get into the WTO. We Human rights abuses continue one human tragedy, but it is a tragedy have, of course, the Jackson-Vanik unpunished and often unknown across that is unfolding throughout Russia amendment that still applies. I under- Russia today. that we do not really have any knowl- stand the origin of that law, and I un- To make this point more clear, let’s edge of? And if we allow this kind of derstand what needs to change in order look at another example far outside abuse to go on unresponded to, then, for Russia to be able to join the World the financial districts of Moscow and obviously, we are abrogating our re- Trade Organization. St. Petersburg in the North Caucasus sponsibilities to the world; isn’t that But I will tell you this: The best in southern Russia where Chechen true? thing that Russia can do in order to be leader, Ramzan Kadyrov, condones and Mr. CARDIN. I say to Senator able to enter the international trade oversees massive violations of human MCCAIN, you are absolutely right. This regime is to clean up its abuses in its rights, including violations of religious is not isolated. Magnitsky is not an own country, to make clear it respects freedom and the rights of women. His isolated case of a lawyer doing his job the rule of law; that businesspeople militia also violates international hu- on behalf of a client and being abused will be protected under the rule of law manitarian laws. As of this April, the by the authorities. We have a lot of ex- and certainly not imprisoned and tor- European Court of Human Rights has amples of lawyers trying to do their tured, as in the cases of Mr. ruled against Russia in 186 cases con- jobs and being intimidated and their Khodorkovsky and Mr. Magnitsky. We cerning Chechnya, most involving ci- rights violated. do not want to see that type of con- vilians. But in Mr. Khodorkovsy’s case, we duct. So Sergei Magnitsky’s case is not an have a business leader who was treated If Russia would do that, if they would isolated case of abuse by the Russian the same way just because he was a reform their systems, then I think we authorities. There has been a system- successful business leader. Even worse, would be a long way toward that type atic effort made to deny people their he happened to be an opponent of the of integration and trade. basic human rights, including one indi- powers in the Kremlin. Mr. MCCAIN. I thank my colleague vidual, Natalia Estemirova, who per- So we are now seeing, in Russia, from Maryland for an eloquent state- sonally visited my office at the Hel- where they want to quell opposition by ment about the situation as regards

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3380 CONGRESSIONAL RECORD — SENATE May 26, 2011 Russia. I thank him, and I can assure the obligation to raise that, and I just We hope that act is implemented effi- my colleague from Maryland that, as wanted to underscore that to my col- ciently and effectively so we can begin we speak, this will provide—and this leagues. to realize long-term savings to bend legislation which he has introduced, I say to Senator MCCAIN, your com- the proverbial cost curve of our health will provide—some encouragement to ments on the Senate floor are so much programs, not just our Federal health people who in Russia now, in some on point. I think people understand it. care programs but our health care cases, have lost almost all hope be- They understand the basic human as- costs across the board that are borne cause of the corruption of the judicial pect to this. But sometimes they ask: by private insurers as well as private system, as well as other aspects of the Well, why should America be con- programs. Russian nation. cerned? Do we have a legitimate right In fact, ironically, it seems to me We all know that no democracy can to question this? Russia signed the doc- that one of the major accelerators of function without the rule of law; and if ument that acknowledges our right to the Medicare Program is the fact that there are ever two examples of the cor- challenge this and raise these issues. so many Americans—about 40 million— ruption of the rule of law, it is the I thank my colleague for yielding. do not have access to consistent qual- tragedy of Sergei Magnitsky and, of Mr. MCCAIN. I thank my colleague ity health care now. Yet, when they course, Mr. Khodorkovsky, who still from Maryland, and I hope we would turn 65, by right they have access to a languishes in prison; who, in his words, get, very rapidly, another 98 cospon- panoply of services. I have had discus- believes he—by the extension of his sors. sions with doctors, and they will tell I suggest the absence of a quorum. me that they say several times a day prison sentence—may have been given The PRESIDING OFFICER. The to their new Medicare patients: I wish a death sentence. clerk will call the roll. So I thank my colleague from Mary- The legislative clerk proceeded to I saw you 10 years ago because I would land. call the roll. not have to apply the expensive diag- Mr. CARDIN. Will my colleague yield Mr. REED. Madam President, I ask nostic and treatment. I could have for just one final comment? unanimous consent that the order for done something much easier, much less I think the Senator is right on target the quorum call be rescinded. costly if you had coverage and access. as to what he has said. I appreciate the The PRESIDING OFFICER. Without So that is one of the long-term ef- Senator bringing this to the attention objection, it is so ordered. forts we have underway, but we have to of our colleagues in the Senate. THE BUDGET do a lot more to go ahead and deal with I will respond to one other point be- Mr. REED. Madam President, we the issues before us. cause I am sure my colleague heard have been engaged in a very important We have seen Republican budget pro- this. Some Russian officials say: Why debate on our budget over the last few posals, but frankly I do not think they are we concerned with the internal af- days, and this debate will continue strengthen the middle class here in the fairs of another country? I just want to over the next several weeks, indeed, for United States, nor do they provide the remind these Russian officials, I want probably several months. It is not a kind of sensible investment that will to remind my colleagues here, that new debate. Like past debates, at the lead to job creation and provide the op- Russia has signed on to the Helsinki heart of it are important programs to portunities that are necessary for suc- Final Act. They did that in 1975, and middle-income Americans, such as ceeding generations in America. I they have agreed to the consensus doc- Medicare, Medicaid, and Social Secu- think they are more dedicated to an ument that was issued in Moscow in rity. In some quarters, they are under ideological commitment to simply re- 1991 and reaffirmed just last year with attack. This does not have to be the duce taxes, and that is something that the heads of state meeting in Astana, case. has to be tested and should be tested in Kazakhstan, just this past December. I In the 1990s, Democratic majorities the history of the last several years. am going to quote from that document: in the House and the Senate, with a That was the same argument that was The participating States— Democratic President, were able to made in 2001, that such tax cuts would Which Russia is a participating deal with this issue of deficits while generate huge growth in private em- state— preserving these programs and ployment, unleash huge economic forces here in the United States, and emphasize that issues relating to human strengthening, indeed, in many cases, rights, fundamental freedoms, democracy these programs. We were able to also frankly, over the last 10 years, that has and the rule of law are of international con- provide the kind of economic growth not been the case. cern, as respect for these rights and freedoms that generated job creation, not just So I think we have to be sensible. I constitutes one of the foundations of inter- increased GDP or increased profits on think we have to address the tax re- national order. They categorically and irrev- Wall Street, but jobs on Main Street. forms and tax reductions to middle-in- ocably declared that the commitments un- Much of these efforts were, frankly, come Americans, not continue to favor dertaken in the field of the human dimension undone, beginning in 2000 with tax cuts the richest Americans, when it comes are matters of direct and legitimate concern that did not, as advertised, produce the to tax proposals. So much of what the to all participating States— kind of private employment growth Republican budget seems to do is con- The United States is a participating that was necessary for our economy, tinue what they started in 2001—huge state— that shifted the burden to middle-in- relief for the wealthiest Americans. and do not belong exclusively to the internal come taxpayers, while giving the But it is increasingly putting the bur- affairs of the State concerned. wealthiest Americans extraordinary re- den on Middle America. In fact, it has Mr. MCCAIN. That was a statement lief and unfunded entitlement pro- been estimated that under the Repub- by the Government of Russia? grams, such as Medicare Part D and lican budget, individuals making over Mr. CARDIN. That was a statement two major conflicts, none of which $1 million would receive an average tax made by the 56 states of the OSCE at a were paid for. cut of $125,000 a year. That is a huge meeting of the Heads of State, which So now we, once again, face a situa- cut relative to whatever a working, happens about every 10 years. It just tion where we have a significant def- middle-income American might re- happened to have happened last year. icit, and we need to address it. Presi- ceive. Russia participated in drafting this dent Obama has begun that process One of the other aspects of this budg- statement. Russia was there, signed on with the same commitment to main- et is the impact it would have on Medi- to it, and said: We agree on this. It is taining Medicare, Medicaid, and Social care. Medicare is central to every fam- a reaffirmation as to what they agreed Security, not without reforms and ily in the country. In fact, look around to in 1991 in Moscow where we ac- strengthening, but making sure that at not just someone who is earning a knowledged that it is of international middle-income Americans and all wage hour by hour, but look at the interest, and we have an obligation and Americans can have access to these small businessperson, a man or a right to question when a member state vital programs. woman. Their retirement plan rests on violates those basic human dimension We have taken significant steps in the assumption that they will have ac- commitments. Russia clearly has done the long run to reform our health care cess to Medicare. The Republican’s pro- that. We have not only the right but system with the Affordable Care Act. posal, as I understand it, essentially

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3381 ends that for individuals who are about care, the senior would be on the hook who are on Medicaid, principally be- 55 years old or younger. Well, in the for an additional $12,500 in health care cause of nursing home care. And we next 10-plus years or so, they are going costs. In fact, it would likely result in have to ask ourselves, if these plans to to have to come up with a lot of money some seniors not even getting health provide block grants to States are en- to pay for the Medicare they assumed care insurance at all, not being able to acted under the Republican proposal, they would receive automatically when afford it or at some point, particularly whether those seniors still can main- they retire at 65. That is not just the as they aged, getting to the point tain themselves in these nursing facili- wage earner, the hourly worker who where no one would write them health ties, whether the costs will be so great goes in there; that is the small busi- care insurance because of the obvious on the States that they will be unable nessperson whose postretirement plan health risks they were. to keep up the level of effort, the level rests fundamentally on Medicare and So this is a plan that I don’t think of support they are today. them being able to buy a supplemental comports with the reality of Americans What seems to be inherent in all of health care plan to that. who have already planned to have ac- those proposals is not savings but So these are fundamental and, in cess to Medicare and also the reality shifting costs, not reforming the sys- fact, earth-shattering proposals, in my that what is proposed—an $8,000 trans- tem to be more efficient and more ef- view. fer payment to an insurance com- fective but simply shifting the cost Currently, seniors on traditional pany—would be inadequate to provide onto seniors, shifting the cost onto Medicare pay approximately $1,700 in the kind of minimum coverage we particularly middle-income Americans. annual premiums. They are charged a should be providing to our seniors. So, I am pleased that we did not ac- limited amount for every hospital stay, We have had examples before where cept these Republican budget pro- have a reasonable deductible for every particular Republicans would propose posals, which are the wrong way to ad- major procedure and treatment, and that they had a new, novel way to pro- dress our budget issues. pay copays for services and prescrip- vide private health care insurance in I yield the floor. tion drugs. They are even able to buy, lieu of traditional Medicare. When The PRESIDING OFFICER (Mr. as I alluded to, these Medigap plans so Medicare Advantage was established in COONS). The Senator from Indiana. they can supplement what Medicare 2003, seniors had the option of enrolling Mr. COATS. Mr. President, I wish to provides with additional resources, and in private health insurance plans that thank the Senator from North Dakota these supplemental plans are very af- were argued by their advocates as for allowing me to go first. I will be fordable. On average, Medicare then being cost-effective, as putting pres- relatively brief. spends $11,762 on every senior, and that sure on the public health care plan I have spoken on the floor on a num- is just an average. known as Medicaid. Madam President, ber of occasions regarding my frustra- But this would all change, and it 60,000 seniors in my State of Rhode Is- tion about the Senate not spending would inject a huge amount of uncer- land enrolled. Private Medicare Advan- enough time debating what I think is tainty if the budget that is proposed by tage plans sell consumers on additional the key, essential issue and challenge Republicans, that is still being debated benefits and smaller copays. They went facing us, probably greater than any by the Republicans, that is still being out—very selectively, I suspect—re- other challenge facing this body in a supported in many cases by Repub- cruiting seniors in a way that they long time. My frustration only grew licans is in any way enacted. hoped attracted the healthiest seniors, yesterday as we voted down four budg- In the year 2022, under the proposal, not the sickest seniors, to lower their et proposals. if the Republican budget were enacted, costs. However, in reality, most of You know, it has been 757 days since every senior who becomes eligible for these plans tended to cost more than we have passed a budget in this body, what we now call Medicare would be traditional Medicare as the smaller and so far, no budget has been proposed given $8,000 to address all their health copays were largely offset by higher this year out of the Budget Committee care needs and then sent to the mar- monthly premiums. for us to examine. The President of- ketplace to buy health care private in- So there are those who are still seri- fered up a budget earlier this year that surance. ously proposing this Republican ap- would have spent more, taxed more and Now, I guess I have reached a point proach to Medicare. I think it will be a borrowed more. It was voted down last in my life where I can reflect and re- mistake. I think it would reduce access night in what I think probably was a member that as a youngster in the to health care coverage for seniors. I do historic vote. I did not go back and 1950s, there was, in practically every not think the private market will jump check the records, but I am not aware one of my friends’ homes, a grand- up with $8,000. I do not think you will of any budget that has ever been pre- parent who was there because they see that Congresses in the future will sented by the executive branch to the didn’t have access to Medicare or Med- escalate the cost of these vouchers or Congress for approval that has not re- icaid. transfers to private insurance compa- ceived at least some votes. They were in a hospital bed in the nies in any way that would be commen- The vote last evening was 97 to 0 living room or in some other room. surate to the real cost seniors would against the President’s budget. It is al- They were being cared for by typically face. most unthinkable that a President— the mother, who was also trying to As a result, I think this proposal will the executive branch—would send a care for youngsters such as myself and do serious harm to health care and par- budget to the floor to be debated and my contemporaries. The reason was, ticularly to the middle-income Amer- voted upon and not achieve one vote. I regardless of how much money you ican who, regardless of whether they think what it tells us is that, obvi- have, at some point, insurance compa- are running a small business or work- ously, that budget was not designed to nies will not sell you insurance. You ing for an hourly wage, will now face gain any kind of bipartisan support. are old. You had health experiences the prospect of the great uncertainty, But it didn’t even obtain any partisan prior to that. You are a bad risk, and the great unknown of no adequate support. they are not in the business of insuring health care coverage when they reach It was not taken seriously, at a time bad risks. That was, as much as any- 65. We will go back in time to the pe- when we need to have in front of us a thing, the genesis of Medicare—the rec- riod of my youth where, quite frankly, serious budget to debate and vote on. ognition that the private health care seniors did not have the kind of health As I said, there have been 757 days market would not, regardless of the care coverage they have today and I be- without a budget before us. You cannot ability to pay, provide adequate cov- lieve the kind of health care coverage run a company, a family, or run any- erage. And I think we have forgotten they deserve. thing, unless you prepare a budget and that. With respect to Medicaid, there are avoid going into debt. That is where we When the Congressional Budget Of- also proposals here and the thought are today. fice, a nonpartisan organization, that Medicaid is just a program for Republicans did come forward with looked at the proposal, they essentially children and poor Americans. But, three proposals. Unfortunately, all of concluded that with this $8,000 transfer frankly, if you look at the statistics, those were voted down. You can argue to a senior in lieu of traditional Medi- there are 26,000 seniors in my State that none of those three were sufficient

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3382 CONGRESSIONAL RECORD — SENATE May 26, 2011 to garner enough support. All three re- is time for Congress and the adminis- from this one entitlement. Over the ceived a significant level of support— tration to stop ignoring the obvious. next 10 years, Medicare spending— particularly two of them. Yet there The rapid growth of mandatory spend- spending on this one entitlement—is were not enough votes to pass this ing is endangering our financial future. expected to double. body. So while the House has passed a I point to this chart on my left. It A few weeks ago, the Medicare trust- budget, which we voted on yesterday, simply points out the dramatic growth ees announced that the hospital trust but unfortunately fell short, these are that has occurred and will continue to fund would be exhausted by 2024—5 the only proposals we have had in front occur over the years in the future. It years earlier than estimated in last of us to debate. These are the only pro- doesn’t take a mathematician—al- year’s report. Who knows what next posals we have had to vote on and set though the math is pretty simple— year’s report is going to tell us. the structure for how we are going to when you spend $3.7 trillion a year and The bottom line is this program is spend the taxpayers’ money. take in $2.2 trillion, that leaves you going to go broke. Failing to restruc- So here we are now approaching the with a big deficit. But it doesn’t take a ture Medicare jeopardizes the medical month of June, 5 months into the cur- mathematician or anybody with any benefits of present and future elderly rent calendar year, and 9 months into sophistication in economics to under- Americans. So rather than terminating the fiscal year, and we still don’t have stand that if we stay on the current Medicare, as has been charged but is a handle on how we are going to spend path, we are going to continue to see not true, rather than destroying Medi- the taxpayers’ money, what restric- this line escalate. This red on here is care, which has been charged but is not tions and restraints we will put on red ink. It is net interest we will owe. true, what we are trying to do is find a that, and how we can live within our What does that mean? It means that to way to restructure it in a way that means. continue borrowing in order to finance Medicare will be viable and solvent so This is the debate this Congress what we are doing, we are going to benefits will be available for future re- should undertake, and it has not been have to pay larger and larger rates of tirees. undertaken. Many of us have come to interest to the lenders because of the When Medicare was first enacted in the floor in situations such as this risks associated with our potential in- 1967, the program cost $2.5 billion. At where we have asked for some time to ability to pay back the loans we have that time, Congress predicted that the speak, but the issue itself has not been taken. program would cost $12 billion by 1990. put before us. We know there are nego- This flow of red ink, this red tide—if That wasn’t the case. We underesti- tiations going on relative to how to put we don’t address this, it is going to mated it just a bit—by $86 billion, a plan into place, but we are a long make it difficult for Americans to buy which is more than just a bit. When it way from that. cars, pay their mortgages, purchase starts at $2.5 billion, and you project it I am here once again to try to urge homes, and buy groceries. The prices of will be $12 billion, and you ended up my colleagues to work together and products will go higher because the in- being off on that estimate by $86 bil- try to achieve a result—or at least a terest rates will go higher. We are run- lion, you have to start asking yourself product on which we can have serious ning ourselves into a desperate situa- some questions. You have to start debate to determine the future of how tion. I think everyone understands thinking that maybe we got this for- we are going to spend the taxpayers’ that. I think it has been made clear to mula wrong, or maybe our assumptions dollars in a responsible way. The most the American people. didn’t turn out as we thought they important factor we have to address is We don’t have to spin this whole mes- were going to on the cost of Medicare. the need, in my opinion, to rein in sage here in order to convince the Today, Medicare is roughly $494 bil- Washington’s excessive spending. The American people we don’t have a prob- lion, with approximately $89.3 trillion bottom line is that government spend- lem. We do, and they understand that. in total unfunded liabilities. These are ing is out of control. The public under- That is what 2010 was all about. We staggering numbers. They are numbers stands this. I think the response in 2010 cannot continue to go forward in 2011 beyond our ability to comprehend. to those of us who were running in all without providing any basis of a real These numbers are beyond our ability the elections sent an unmistakable, solution to assure the financial world to sustain. long, loud, easily understood signal: We and the people that we are taking steps There is no possible way on Earth, no have too much government, we cannot in order to address this. matter how fast or how hard we grow, afford the government we have, and we I think there is a consensus—and if that we can reach solvency in the cannot continue to add even more gov- anybody doesn’t understand this, they Medicare Program without any action. ernment, which pushes us deeper into haven’t looked at the problem—that we Why? Because after World War II, sol- debt. could tax Americans to death, we can diers came home, and people had de- Nearly $1.4 trillion of our spending is cut discretionary spending by massive ferred having families, and the so- discretionary spending that requires us amounts, and we won’t begin to address called baby boom generation was born. to borrow money. That borrowed the problem we have, unless we address It has moved through our entire his- money increases our debt obligation re- the massive amount of spending on tory, over the last 60 years or so, like inforcing the need to rein in our spend- mandatory programs. We don’t have a pig moves through a python. Early ing. This is something we should de- control over mandatory programs in on, there was a rush to provide housing bate, something that is part of the re- terms of budgeting; they are simply for soldiers and their families. There sponsibility of the Congress and Sen- there, and if you are eligible, you get was a massive infusion of money into ate. When we are talking about ad- to draw from the program. All of that baby cribs and the need for hospitals dressing a national debt of over $14 is fine, if you have money to do it. But and doctors and nurses to deliver chil- trillion, we need to get serious. A little we are running out of money to pay dren. nick here, a little nick there in spend- those recipients who are continuing to A few years later, all of a sudden, we ing reductions will not solve the prob- receive benefits from these entitlement had to build a massive number of new lem. We need to look at the larger pic- programs. Unless we address those, we elementary schools. As this baby boom ture. We are staring down $14.3 trillion are not going to solve the problem. has moved through their lifespan, we in debt. Credit ratings by Standard & Let’s take a couple of these, and let’s have seen dramatic impacts on the Poor’s have downgraded the outlook look at Medicare. Everybody says this economy—many of them positive. But for the U.S. debt, with a negative warn- is a political nonstarter. If you dare the colleges that had to be expanded ing. Economic growth is sputtering talk about it, you are going to get and built, and universities and training across the country. Unemployment re- zinged in the next election, and you facilities, and the education that had mains high, and States are dipping will be characterized as taking away to be provided, the employment that deeper into the red, zeroing in on bil- benefits from the elderly, when the needed to be provided—all of this has lions—which is a lot of money, but it is plans that have been put forward don’t had a dramatic impact on our econ- only a minuscule amount compared to do anything of the sort. Nevertheless, omy. We have known for decades that the trillions we are saddled with in it is important to understand the di- eventually the pig moving through the debt that we ought to be addressing. It mensions of the problem we are facing python was going to reach the point of

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3383 retirement, and when it reached the compensation for services conducted discretionary spending, or that portion point of retirement, it was going to on one-third of their patients, it has a of the budget which we have control have an enormous impact on our fi- devastating impact on their businesses. of—and continue ignoring the entitle- nances. If we don’t reform Medicare, we lose ment programs or we can make a com- Instead of anticipating this coming Medicare. Let me repeat that. If we mitment and have the political will to and putting into place structural plans don’t take steps to reform Medicare, fulfill that commitment by saving that would accommodate the needs, le- we lose Medicare. If we don’t restruc- those programs through some sound re- gitimate needs of those for retirement ture the program, more patients will structuring. This does not mean cur- income and benefits, we have instead lose the care they desperately need. rent recipients of Medicare are going ignored this reality. We have pushed it Mr. President, a very prominent fig- to be knee-capped or have their bene- down the road. Nobody wanted to touch ure—a leader of this country—made fits dropped. This does not mean that it. Election after election, it was said this statement: even those nearing retirement are we better postpone that debate for the Almost all of the long-term deficit and going to face that prospect. What it next election because it is too hot to debt that we face relates to the exploding does mean is, if we don’t put the struc- deal with now. Well, it is all coming costs of Medicare and Medicaid. Almost all tural reforms in now to address the fu- undone. We are at the point almost of of it. That is the single biggest driver of our ture problems, we are going to lose the no return. Federal debt. And if we don’t get control over that we can’t get control over our Fed- whole program. The gravest threat to The proposals that have been put for- eral budget. Medicare is doing nothing. If we do ward—you may not agree with every That defines, in a very basic state- nothing, not only will Medicare col- portion of them, and I don’t. But the ment, exactly the challenge that is be- lapse but so will our fiscal house. House brought to us a budget plan. You In the papers today, a former Presi- fore us. It gives us the warning we need have to give PAUL RYAN a great deal of dent—another Democrat, Bill Clinton— to heed, and it should spur us into ac- credit for the extraordinary amount of has urged his fellow Democrats not to tion. work and effort he put into it. Maybe Let me repeat that statement once ‘‘tippy-toe around’’ Medicare. Con- you don’t like all of it, but it is at least again. tinuing that quote, he said the pro- a plan to debate, modify, and adjust; it Almost all of the long-term deficit and gram ‘‘is part of a whole health-care is something that gives us an oppor- debt that we face relates to the exploding system that has a toxic effect on infla- tunity to start down the path of paying costs of Medicare and Medicaid. Almost all tion.’’ He went on to say, ‘‘We’ve got to off our debt, of maintaining solvency of it. That is the single biggest driver of our deal with these things.’’ for the Medicare Program. Federal debt. And if we don’t get control Mr. President, I am here not to criti- That is what we ought to be debating over that we can’t get control of our Federal cize the Democrats for putting us in instead of saying we are into another budget. this situation. I think we all bear some cycle of ‘‘gotcha,’’ and you have That statement was made by Presi- responsibility. The country does not touched the third rail. You made the dent Barack Obama. It was not made want us to point fingers at each other, decision to put Medicare in play and go by a Republican. It was not made by an and they do not want us to use this as to the public and tell them we are editorial piece in the Wall Street Jour- a political advantage for the 2012 elec- going to take away their health care nal. It was not made by a tea party tion. They want us to do the right benefits when they retire. The opposite leader or advocate. It was made by our thing, which they all know needs to be is true. We are trying to save that for current President. Our President has done, and I believe they will reward us those who are retiring. We are trying said we cannot sustain what we are and recognize us for at least having the to look at ways to restructure the pro- doing, and we have to address it or it is courage to step forward and address a gram so it doesn’t break Medicare, or going to take down our whole budget. real problem that I think everyone now break our entire economy. I think that is true—it has been understands and recognizes. Today, the average man is living into backed up by analysts who have looked So whether it is the Paul Ryan plan his 70s, and an average woman into her at this whole situation, left, right, non- coming out of the House, whether it is 80s, or even 90s. As a result, more elder- political, political, whatever. Why then a Democratic budget plan coming out ly Americans are on Medicare than are we not going forward with address- of the Budget Committee, whether it is originally anticipated. The Federal ing this very question? That is what some other plan coming out between Government can no longer continue people sent us here to do in 2010. That the negotiations that are going on—or with business as usual. It is time for is what they are asking us to do now. should go on—between the executive some honesty for the American people. Yet we are acting as if this statement branch and the congressional branch, Washington is promising to deliver by the President of the United States this is something we have to do. We benefits it can’t afford. We can no has nothing to do with what we need to have simply got to put aside our par- longer nickel and dime doctors and do, that we can simply ignore this and tisanship and concerns and worry hospitals and force them to pay for the go forward and just cut a little here about the 2012 elections and rise above care Washington promised elderly and cut a little there but we can’t politics. We did that in 1983 when we Americans. More and more doctors are touch the entitlements—we can’t touch restructured Social Security. We had a forced to turn away Medicare patients. Medicare. Republican President, a Democratic The American Medical Association re- The papers are full today with head- House leader, and members of the vealed that 17 percent of the more than lines saying that the results of the New Democratic congressional committee 9,000 doctors surveyed are forced to York special congressional race was be- and Senate committee—the political limit the number of Medicare patients cause the people have been scared— people—all stood together and said: they accept. And among primary care well, they didn’t say ‘‘scared,’’ but that This rises above the election. It is too physicians, this rate is 31 percent. it was people saying ‘‘don’t cut our important not to address it. Why? Because we don’t have the money Medicare.’’ What it should have said is, We can just take this one issue and to reimburse them for the cost it takes those people who are saying ‘‘don’t cut say: Let’s take this out of politics. to provide that care. our Medicare’’ are basically saying Let’s stand together as Republicans The American Osteopathic Associa- ‘‘keep mine going until this thing runs and Democrats, along with the Presi- tion said 15 percent of its members re- out. I am afraid I might live too long, dent, and do what is right for the coun- fused Medicare and 19 percent declined and then I won’t have benefits at the try. to accept new Medicare patients. Phy- end.’’ But for sure our kids won’t have The bottom line is that no matter sicians and hospitals in my home State it, for sure our grandchildren won’t what we do here, if the President of Indiana are feeling the pain from the have it because at its current rate, as doesn’t support us in this effort, it will Congress’s inaction as well. Hospitals the President of the United States has not succeed. He has the veto pen, and such as Deaconess Clinic in Evansville, acknowledged, it is unsustainable. he has the ability to lead or not lead. IN, say one-third of their patients are So we have two options here. We can So I guess, as I have before, I am call- on Medicare. When hospitals and doc- continue with the status quo—we can ing on the President and saying this tors are not receiving the necessary quibble over how much to cut from our important issue can only be successful

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3384 CONGRESSIONAL RECORD — SENATE May 26, 2011 if he will engage and lead us and be kind of plan. But it was a step in the Let me just say again that I thank part of this effort to solve a problem right direction. It was a big step in the the Senator for his thoughtful presen- that affects every living American and right direction. So I supported it, along tation because that is what it is going those yet to be born in this country. It with the other 10 commissioners who to take. We are going to have to be dramatically affects our future but did. brave. We are going to have to show sooner than any of us, I believe, think. I want to say to the Senator from In- some political courage here to do what It affects our economy and our ability diana that I respect the presentation is right for our country. So I appre- to grow. he just made because, in larger terms, ciate the thoughtful remarks of the All of this has to be coupled with pro- it says what has to be said. We all have Senator from Indiana. growth policies. We can’t cut our way to be truth-tellers. However uncom- Let me make a brief review in re- out of all this. We can help restructure, fortable the truth is, we have to be sponse to some of what I have heard we can help make cuts where nec- truth-tellers. I believe the truth is that this morning because I have heard essary, and we can help our economy when the revenue is the lowest it has some things with which I strenuously grow by putting policies in place that been in 60 years as a share of GDP and disagree that I believe require a re- will stimulate the economy. That com- spending is the highest it has been in 60 sponse. We all agree we are on an bination, put together in a package, is years as a share of GDP, we have to unsustainable path. We are borrowing what we need to support. And I am hop- work both sides of the equation. We are 40 cents of every dollar. That cannot be ing we will put politics aside for this going to have to cut spending, and I be- continued. one issue that is so important to the lieve we are going to have to raise rev- As I indicated earlier, this is a 60- future of our country. enue. year look at the spending and revenue None of it is very popular. If you ask Mr. President, I have probably said of the United States. We can see the the American people, they will say to more than I needed to say at this par- spending line is the red line; the green you: Well, yes, get the deficit and debt ticular point in time. I appreciate the line is the revenue line. The spending under control, but don’t touch Social opportunity and again thank the Sen- of the United States as a share of na- Security, don’t touch Medicare, and ator from North Dakota for agreeing to tional income is the highest it has been don’t touch defense. And by the way, let me go forward here. As chairman of in 60 years. The revenue is the lowest it just those three are about 80 percent of the Budget Committee, I know he is has been in 60 years. Federal spending if you add up all the fully cognizant and aware of these Some of our colleagues say it is just mandatory programs and add up de- issues and is working to try to address a spending problem. Factually, I reject fense. That is about 80 percent of Fed- them also. I hope we can work together that. The facts show it is not just a eral spending. And if you ask the to find a solution to this very urgent spending problem—although it is clear American people, they say: Don’t touch problem. any of them. On the revenue side, they we do have a spending problem. When With that, I yield the floor. spending is the highest it has been in 60 The PRESIDING OFFICER. The Sen- say: Don’t touch that. Well, do you know what is left? Twenty percent of years, clearly we have a spending prob- ator from North Dakota. lem. But as this chart reveals, revenue Mr. CONRAD. Mr. President, I want Federal spending. If you start asking them questions is the lowest it has been in 60 years. So, to thank the Senator from Indiana for about the elements of that 20 percent, clearly, we have a revenue problem as his thoughtful presentation. There are they reject every one except one—for- well. parts of it with which I disagree, but eign aid. They say: Yes, cut foreign aid. Yesterday we voted on the package the overall theme of what he has said A majority supports that. The problem that came from the House of Rep- is undeniably true. is that is only 1 percent of the budget. resentatives. The package that came I believe our country is in deep trou- Here we are borrowing 40 cents of every from the House Budget Committee was ble. At the end of this year, we will dollar we spend, and even if we elimi- passed by the House of Representa- have a debt that is 100 percent of the nate all foreign aid, it does not make a tives. Even though that package was gross domestic product of the United material difference. defeated overwhelmingly and on a bi- States. We have had two of the leading The other thing the American people partisan basis here yesterday, again economists in this country tell us, support by a majority—the only other this morning we had colleagues come after a review of 200 years of economic thing—is taxing the wealthy. Let me and talk about what a great package it history, that when a country reaches a just say that I believe the wealthy are was. I do not believe it was a great gross debt of more than 90 percent of going to have to pay somewhat more. package. I think it was a terrible pack- its GDP, its future economic prospects But that won’t solve our problem be- age, and here is why—and now I am are diminished. And that is where we cause to solve the problem, you would quoting former economic adviser to are. So I agree with the Senator from have to have a top rate of 70 to 80 per- President Reagan, one of President Indiana that this is the time. We must cent on corporations and individuals. Reagan’s economic advisers, Mr. Bart- find a way to come together to craft a What would that do to the competitive lett. He said, about the House Repub- plan that deals with this debt threat. position of the United States? lican plan, the following: Five years ago, the ranking Repub- So I believe we all are going to have Distributionally, the Ryan plan is a mon- lican on the Budget Committee, Sen- to be truth-tellers, and before we are strosity. The rich would receive huge tax ator Gregg, and I came up with the done, we are going to have to find a cuts while the social safety net would be concept of a commission. That effort way to come together. I was part of shredded to pay for them. Even as an open- led to the commission that was in that effort on the commission. I was ing bid to begin budget negotiations with the place last year, and it came up with a part of that effort in this group of six, Democrats, the Ryan plan cannot be taken recommendation to reduce the debt $4 which is now a group of five because seriously. It is less of a wish list than a fairytale utterly disconnected from the real trillion over the next 10 years, and 11 of one of our members left. And there is 18 commissioners supported it. Senator world, backed up by make-believe numbers this other effort under way that is a and unreasonable assumptions. Ryan’s plan Gregg and I both supported it. We had leadership effort with the White House isn’t even an act of courage; it’s just pan- five Democrats, five Republicans, and being involved. At the end of the day, dering to the tea party. A real act of courage one Independent. That is the only bi- the White House has to be at the table. would have been for him to admit, as all seri- partisan plan that has emerged from What Senator Gregg and I had rec- ous budget analysts know, that revenues will anywhere. But we needed 14 of 18 to ommended was that the Secretary of have to rise well above 19 percent of GDP to agree for it to come to a vote in Con- the Treasury be the chairman of the stabilize the debt. gress. commission and the head of OMB be This is a former economic adviser to There were many parts of that plan I one of the 18 members. That wasn’t President Reagan commenting on the didn’t like. I would have gone further adopted by the Congress. We got 53 House Republican plan that we rejected than that plan. I proposed to the com- votes in the Senate for our proposal, on a bipartisan basis here yesterday. mission that we have a $6 trillion plan but 53 votes doesn’t pass things around Why does he say it is a monstrosity? of debt reduction because we could bal- here. You have to have 60. You have to He says it because even though revenue ance the budget in 10 years with that have a supermajority. So here we are. is the lowest it has been in 60 years,

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3385 the first thing the Republican budget fact, we will go you one more. We will going on with the White House on what from the House did was cut taxes fur- give you more tax cuts for the wealthi- the budget plan should be to deal with ther, an overwhelming tax cut for the est among us. our debt. This is something I have en- wealthiest among us after they already I tell you, that plan cannot stand couraged for years. enjoyed very significant tax reductions scrutiny. At the same time it says: You This year I have repeatedly called for over the last decade. know, because we have the lowest rev- a summit to deal with our debt, to get In fact, the plan that came from the enue in 60 years, and because we are a plan in place to cut spending, and, Republican House would have given going to give even more tax pref- yes, to raise revenue—hopefully with- those who have over $1 million of in- erences, more tax credits, more tax out raising taxes but by eliminating come a year on average a tax cut of schemes to the wealthiest among us, tax expenditures, tax loopholes, this over $192,000. For those who are as for- we are not going to be able to keep kind of scam we have just talked about tunate as to earn over $10 million a Medicare. of offshore tax havens and abusive tax year, the plan they sent over here I have heard colleagues say that shelters. That bipartisan leadership ef- would have given them on average a these Draconian cuts to Medicare that fort that is underway deserves a chance tax cut of $1,450,000. That is a fact. are in the House plan are a way of sav- to succeed. If they reach a conclusion, That is just a fact. ing Medicare. You don’t save Medicare they may need a budget resolution. Does that make any sense at all by destroying it. That is what the They may need us to have a markup in when the revenue of this country is the House plan does, make no mistake. It the Budget Committee to implement lowest it has been in 60 years, that the ends Medicare as we know it. Why do I their plan. first thing you do is dig the hole deep- say that? Let me just show you what it Some do not want to wait, they do er, give another $1 trillion of tax cuts does. not want a bipartisan agreement. But going to the wealthiest among us? It Right now, under traditional Medi- we simply must have a bipartisan makes no sense. care, the individual pays 25 percent of agreement if there is to be any chance It did not end there because the plan their health care costs. That is how it for success. from the House also would permit a works today. You pay about 25 percent. The House is controlled by the Re- scam that is occurring to continue. A senior citizen eligible for Medicare publicans. The Senate is controlled by The scam I am referring to relates to pays about 25 percent of their costs. the Democrats. There is a Democrat in this little building down in the Cayman the White House. The only possible Islands, Ugland House. This little five- Under the House Republican budget plan that they passed and sent to the way that a plan is actually passed into story building down in the Cayman Is- law and implemented is if we work to- lands claims to be the home of 18,857 Senate that we defeated yesterday by a bipartisan vote, they would increase gether. I did it for all last year on the companies. Really, 18,000 companies President’s commission. I have done it are doing business out of this little what the individual pays from 25 per- cent to 68 percent, and they claim they for months of this year with three five-story building down in the Cayman Democrats, three Republicans, spend- Islands? Please. Mr. President, 18,000 are saving Medicare. It doesn’t look to me like they are saving it. It looks to ing hundreds of hours trying to come companies are not doing business out up with a bipartisan plan to implement of this little five-story building down me like they are completely undoing it. the recommendations of the com- in the Cayman Islands. The only busi- mittee. So I don’t take a back seat to ness that is going on is monkey busi- When we add it all up, what is most striking is that the House Republican anybody with respect to being serious ness, and the monkey business that is about trying to get a plan to get our going on is avoiding the taxes they le- plan, although it gives massive tax cuts to the wealthiest among us, an- debt under control because it is a fun- gitimately owe to the United States. damental threat to the economic secu- You wonder why big companies mak- other $1 trillion of tax cuts, even though it shreds Medicare and com- rity of the United States. ing billions of dollars a year can an- But here is what the Republican lead- nounce they owed no taxes to the pletely undermines Medicaid, which er himself said about the effort that is United States—none? It is because they would mean another 34 million people underway, the bipartisan leadership ef- are operating out of Ugland House do not have health care coverage in fort: down in the Cayman Islands where this country because they completely there are no taxes, and they show their [T]he discussions that can lead to a result undo the coverage for health care between now and August are the talks being profits in their companies down in the passed last year so 34 million people led by Vice President Biden . . . that’s a Cayman Islands. are not going to have health care as a process that could lead to a result, a measur- When I was tax commissioner in my result of their plan—even with all of able result. . . . And in that meeting is the State I found a company that reported that and the other dramatic cuts—by only Democrat who can sign a bill into law; all of their earnings down in the Cay- the way, they cut support for energy in fact, the only American out of 307 million man Islands. They did business all programs to reduce our dependence on of us who can sign a bill into law. He is in across the country, but amazingly foreign energy, they cut that 57 per- those discussions. That will lead to a result. That is why we have not gone to a budget enough none of those companies cent; they cut education almost 20 per- showed any profits in the United markup, because we have the patience to cent—even after all that you would wait for the outcome of these bipartisan States. They showed all their profits in think at least they got the debt under leadership talks. The top Republicans are the Cayman Islands where, happily, control? No. represented in the Senate, the top Repub- there are no taxes. Amazingly enough their plan, accord- licans in the House are represented, as are The Republican budget plan said: ing to their own numbers, would add $8 the Democrats in the Senate and the House, That is fine. Keep doing it. trillion to the debt. Wow. They shred led by the White House. That is not fine. It is not fair. We Medicare, they cut education dramati- The Republican leader said this as know from our own Permanent Com- cally, they cut almost 60 percent of the well about the talks: mittee on Investigations in the Senate funding for energy to reduce our de- We now have the most important Demo- that these offshore tax havens are pro- pendence on foreign energy—they cut crat in America at the table. That’s impor- liferating. Here is a quote from our tant. He is the only one of the 307 million of that 57 percent, and they still add $8 Senate Homeland Security and Govern- us who can actually sign a bill into law. And trillion to the debt. That is a good mental Affairs Permanent Sub- I think that’s a step in the right direction. plan? I don’t think so. I don’t think committee on Investigations: And the Biden group is the group that can that is a plan that can stand much actually reach a decision on a bipartisan Experts have estimated that the total loss scrutiny. basis. And if it reaches a decision, obviously to the Treasury from offshore tax evasion we will be recommending it to our members. alone approaches $100 billion per year, in- We also heard a lot of complaints cluding $40 to $70 billion from individuals from the other side that we have not That is the point. Why would we go and another $30 billion from corporations en- gone to markup on the budget in the to a partisan budget markup and refuse gaging in offshore tax evasion. Abusive tax Senate. That is true. The reason we to wait for the leadership negotiation shelters add tens of billions of dollars more. have not is because something is going that is underway to succeed, when we The Republican plan from the House on in this town that is very unusual. know if they do succeed in all likeli- says: No problem. Keep on doing it. In There are high-level bipartisan talks hood they will need us to do a budget

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3386 CONGRESSIONAL RECORD — SENATE May 26, 2011 markup to implement what they de- these agreements would be passed by cuse for moving the goal posts. All cide? now? Not so 4 years later. three of the pending trade agreements I have the patience. I have spent 5 Despite the fact that the demands need to be sent to Congress without years working, first, with Senator made by congressional Democrats were further delay. Gregg, the ranking Republican on the incorporated in the signed trade deal, I yield back the remainder of my Budget Committee, then with all 18 congressional Democrats would not time, and I yield the floor. members of the fiscal commission, now allow a vote on the agreement. Instead, The PRESIDING OFFICER (Mr. with the group of six—three Democrats they moved the goal posts by demand- SANDERS). The Senator from Oregon. and three Republicans—trying to put ing more changes be made by the Pan- Mr. WYDEN. Mr. President, the Sen- together a plan to implement what the amanian Government. ate is preparing to pass another 4-year commission recommended to get our After President Obama took office, extension of the USA PATRIOT Act. I debt under control. the trade issue was sidelined. Along have served on the Intelligence Com- I have the patience to wait a few with others, I made a case that trade mittee for over a decade and I wish to more weeks to see if the combined agreements needed to be a part of deliver a warning this afternoon. When leadership of this country, Republican America’s economic recovery effort. I the American people find out how their and Democrat, working with the Presi- got an opportunity to make the case government has secretly interpreted dent of the United States, can come up directly to the President in December the PATRIOT Act, they are going to be with a plan to get our debt under con- of 2009. Then in January 2010, the Presi- stunned and they are going to be trol. We should all have that patience. dent said in a message to Congress that angry. They are going to ask Senators: We should all hope they succeed. But he wanted to double exports within the Did you know what this law actually we are not going to be sitting and wait- next 5 years. That is a very worthy permits? Why didn’t you know before ing. While we are hoping for a success- goal. you voted on it? The fact is anyone can ful outcome, this Senator will continue Well, it is pretty hard to double ex- read the plain text of the PATRIOT to work with Republicans and Demo- ports and help employers create jobs Act. Yet many Members of Congress crats to come up with a bipartisan plan while ignoring these trade agreements. have no idea how the law is being se- to meet our debt threat. All of us have Supporters of free trade and the jobs cretly interpreted by the executive that obligation. All of us have that re- supported by trade average about 15 branch because that interpretation is sponsibility. percent above the national average. We classified. It is almost as if there are I thank the Chair and yield the floor. are talking about good jobs, so there two PATRIOT Acts, and many Mem- The PRESIDING OFFICER. The Sen- are reasons to keep the pressure on. bers of Congress have not read the one ator from Iowa. Finally, after many months of wait- that matters. Mr. GRASSLEY. Would the Chair in- ing, the trade ambassador went back to Our constituents, of course, are to- form me when I have spoken for 5 min- work to get the Panamanian Govern- tally in the dark. Members of the pub- utes. ment to agree to meet the additional lic have no access to the secret legal The PRESIDING OFFICER. The Sen- demands set out by congressional interpretations, so they have no idea ator will be notified. Democrats in the Obama administra- what their government believes the law FREE TRADE tion. The ambassador also set out to actually means. Mr. GRASSLEY. Mr. President, I gain further commitment from South I am going to bring up several histor- have been a long-time supporter of free Korea and Colombia. ical examples to try to demonstrate trade. I believe it is always a good The Panamanian Government has ad- what this has meant over the years. thing when American businesses, man- dressed the additional demands by Before I begin, I wish to be clear I am ufacturers, and farmers have more making the necessary amendments to not claiming any of the specific activi- market access for their products. their laws. The additional concerns the ties I discuss today are happening now. I have also been a longtime supporter administration had with the South Ko- I am bringing them up because I be- of specific free trade agreements that rean and Colombian deals were ad- lieve they are a reminder of how the are waiting to be acted on by the Con- dressed as well. Earlier this May, Am- American people react when they learn gress: the South Korea, Colombia, and bassador Kirk indicated all three trade about domestic surveillance activities Panama agreements. We have had too agreements were ready for Congress to that are not consistent with what they many years of talking about being consider. But the Obama administra- believe the law allows. When Ameri- long-time supporters of free trade tion decided to move the goal posts cans learn about intelligence activities agreements. Yet we have not had an once again. Instead of moving these that are consistent with their under- opportunity to back up our talk with agreements forward for swift approval standing of the law, they look to the votes because we can’t vote until the to help the economy move along and news media, they follow these activi- President presents them to Congress. the swift approval which I believe they ties with interest, and often admira- The time to present these free trade will receive when they get a vote, the tion. But when people learn about in- agreements is long overdue. The ad- administration now has another re- telligence activities that are outside ministration needs to stop moving the quirement: approval of trade adjust- the lines of what is generally thought goal posts every time we are about to ment assistance. to be the law, the reaction can get neg- kick the ball through. While U.S. manufacturers and busi- ative and get negative in a hurry. Take the Panama agreement as an nesses and farmers risk losing more Here is my first example. The CIA example. The United States and Pan- and more market share in these coun- was established by the National Secu- ama reached an agreement in principle tries, Democrats keep coming up with rity Act of 1947 and the law stated that in December of 2006. However, congres- reasons for holding up these trade the agency was ‘‘forbidden to have law sional Democrats expressed concern re- agreements by moving the goal posts. enforcement powers or internal secu- garding certain labor issues that ex- There is simply no reason to keep on rity functions.’’ Members of the Con- isted in Panama at the time. The Bush moving the goal posts. The administra- gress and legal experts interpreted that administration negotiated a deal with tion has said these three trade agree- language as a clear prohibition against the congressional Democrats who had ments are ready. One of the best things any internal security function under newly taken over the Congress in an we can do right now for U.S. busi- any circumstances. A group of CIA offi- agreement that was announced on May nesses, farmers, and workers is to im- cials had a different interpretation. 10, 2007. As a result, then-President plement these trade agreements which They decided that the 1947 law con- Bush addressed the labor issues in the will give a much-needed boost to our tained legal gray areas that allowed trade agreement that the United economy. the CIA to monitor American citizens States signed with Panama in late I am not suggesting we do nothing on for possible contact with foreign June of 2007. trade adjustment assistance, because I agents. They believed this meant they If there were a big news conference support that 40-year-old program, but could secretly tap Americans’ phones, on May 10, 2007 that there has been an reaching an agreement on that pro- open their mail, and plant listening de- agreement reached, wouldn’t one think gram should not be used as another ex- vices in their homes, among other

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3387 things. This secret legal interpretation lance Act of 1978, which attempted to Again, did that program stay secret? led the CIA to maintain intelligence subject domestic surveillance to a The answer is no. After several years, files on more than 10,000 American citi- process of warrants and judicial review. the New York Times published a story zens, including reporters, Members of Years later, during the Reagan ad- uncovering the program. The resulting Congress, and a host of antiwar activ- ministration, senior members of the public uproar led to a divisive congres- ists. National Security Council secretly sold sional debate and a significant number This small group of CIA officials kept arms to Iran and used the funds to arm of lawsuits. In my view, the disclosure the program and their ‘‘gray area’’ jus- and train Contra militants to topple also led to an erosion of public trust tification to the program a secret from the Nicaraguan Government. Selling that made many private companies the American people and most of the arms to Iran violated the official U.S. more reluctant to cooperate with gov- government because, they argued, re- arms embargo against Iran and di- ernment inquiries. vealing it would violate the agency’s rectly funding the Contras was illegal As most of my colleagues will re- responsibility to protect intelligence under the Boland amendment. That member, Congress and the executive sources and methods from unauthor- was the one Congress passed to limit branch spent years trying to sort out ized disclosure. Did the program stay a U.S. Government assistance to the the details of that particular program secret? It didn’t. On December 22, 1974, Contras. and the secret legal interpretation— investigative reporter Seymour Hersh But the officials at the National Se- the secret legal interpretation—that detailed the program on the front curity Council were convinced they was used to justify it. In the process of pages of the New York Times. The rev- knew better. They were convinced that doing so, Congress also attempted to elations and the huge public uproar violating the embargo and illegally address an actual surveillance issue. I that ensued led to the formation of the supporting the Contra rebels would think all my colleagues who were here Church Committee. That committee help free American hostages and help for that debate would agree those spent nearly 2 years investigating fight communism in Nicaragua. In- issues could have been resolved far questionable and illegal activity at the stead of engaging in a public debate more easily, far less contentiously, if CIA. The Church Committee published and trying to convince the Congress the Bush administration had simply 14 reports detailing various intel- and the public they were right, they se- come to the Congress in the first place and tried to work out a bipartisan solu- ligence abuses which, in addition to il- cretly launched an arms program and tion to them rather than, in effect, try- legal domestic surveillance, included hid it from the Congress and the Amer- ican people. How did that work out for ing to rewrite the law in secret. programs designed to assassinate for- When laws are secretly reinterpreted eign leaders. The investigation led to them? The New York Times published a this way, the results frequently fail to Executive orders reining in the author- story of these activities on November stand up to public scrutiny. It is not ity of the CIA and the creation of the 25, 1987. A joint congressional com- surprising, if you think about it. The House and Senate Intelligence Com- mittee was launched to investigate the American law-making process is often mittees. Iran Contra affair with televised hear- cumbersome, it is often frustrating, In 1947, President Harry Truman and ings for over a month. The House For- and it is certainly contentious. But his top military and legal advisers se- eign Affairs Committee and the House over the long run, this process is a cretly approved a program named and Senate Intelligence Committees pretty good way to ensure that our PROJECT SHAMROCK. PROJECT held their own hearings. The first Pres- laws have the support of the American SHAMROCK authorized the Armed idential commission investigating the people, since those that do not will ac- Forces Security Agency and its suc- National Security Council was tually get revised or repealed by elect- cessor, the NSA, to monitor telegraphs launched. Multiple reports were pub- ed lawmakers who follow the will of coming in and out of the United States. lished documenting the administra- our constituents. On the other hand, At the outset of the program, compa- tion’s illegal activities, and the Nica- when laws are secretly reinterpreted nies were told that government agents raguan Government sued the United behind closed doors by a small number would only read ‘‘those telegrams re- States. Dozens of court cases were filed of government officials—and there is lated to foreign intelligence targets,’’ and National Security Council offi- no public scrutiny, no public debate— but as the program grew, more tele- cials—including two National Security you are certainly more likely to end up grams were sent and received by Amer- Advisers—faced multiple indictments. with interpretations of the law that go icans and they were read. During the Finally, following the terrorist at- well beyond the boundaries of what the program’s 30-year run, the NSA ana- tacks of September 11, 2001, a handful American people are willing to accept. lysts sometimes reviewed as many as of government officials made the uni- Let me make clear that I think it is 150,000 telegrams a month. lateral judgment that following U.S. entirely legitimate for government While the Ford administration said it surveillance law, as it was commonly agencies to keep some information se- made all pertinent information about understood, would slow down the gov- cret. In a democratic society, of course, PROJECT SHAMROCK available, the ernment’s ability to track suspected citizens rightly expect their govern- Senate Intelligence Committee and the terrorists. Instead of working with the ment will not arbitrarily keep informa- Justice Department had kept the pro- Congress, instead of coming to the Con- tion from them, and throughout our gram secret from the public. They ar- gress and asking to revise or update Nation’s history Americans have vigi- gued that public disclosure was both the law, these officials secretly reinter- lantly guaranteed their right to know. unjustified and dangerous to national preted the law to justify a warrantless But Americans do acknowledge certain security, and it avoided Congress’s wiretapping program that they hid limited exceptions to the principle of questions regarding the legality of the from virtually every Member of the openness. We know, for example, that program by stating that the telegrams Congress and the American people. tax officials have information about all present somewhat different legal ques- It is not clear how long they thought of us from our tax returns. But the gov- tions from those posed by domestic they could hide a large, controversial ernment does not have the right or the bugging and wiretapping. That pro- national security program of this na- need to share this information openly. gram didn’t stay secret either. ture, but they kept it so secret that This is essentially an exception to pro- The newly formed Senate Intel- even when it yielded useful intel- tect personal privacy. ligence Committee ultimately dis- ligence, classification restrictions Another limited exception exists for closed the PROJECT SHAMROCK pro- sometimes prevented the information the protection of national security. gram on November 6, 1975, arguing that from being shared with officials who The U.S. Government has an inherent public disclosure was needed to build could have used it. responsibility to protect our people support—build support—for a law gov- I was a member of the Senate Intel- from threats. To do this effectively, it erning NSA operations. The resulting ligence Committee at this point—a rel- almost always requires some measure public uproar led to a congressional in- atively new member—but the program of secrecy. I do not expect General vestigation. The NSA’s termination of and the legal interpretations that sup- Petraeus to publicly discuss the details PROJECT SHAMROCK and the passage ported it were kept secret from me and of every troop movement in Afghani- of the Foreign Intelligence Surveil- virtually all of my colleagues. stan any more than early Americans

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3388 CONGRESSIONAL RECORD — SENATE May 26, 2011 expected George Washington to publish be allowed to fall into the trap of se- more useful. When Congress passed the his strategy for the Battle of York- cretly reinterpreting the law in a way Foreign Intelligence Surveillance Act town. By the same token, American that creates a gap between what the in 1978, it would have been useful to citizens recognize that their govern- public believes the law says and what keep that law secret from the KGB so ment may sometimes rely on secret in- the government secretly claims it says. Soviet agents would not know whether telligence collection methods in order Anytime that happens, it seems to me the FBI was allowed to track them. to ensure national security, in order to there is going to be a violation of the But American laws should not be pub- ensure the safety of the American peo- public trust. Furthermore, allowing a lic only when government officials ple, and they recognize that these gap of this nature to develop is simply think it is convenient. They ought to methods can often be more effective shortsighted. Both history and logic be public and public all the time. The when specifics are kept secret. should make it clear—and that is why American people ought to be able to But while Americans recognize that I brought these examples to the floor of find out what their government thinks government agencies sometimes rely the Senate—that secret interpretations those laws mean. on secret sources and methods to col- of the law will not stay secret forever Earlier this week, I filed an amend- lect intelligence information, Ameri- and, in fact, often come to light pretty ment, along with my colleague from cans also expect these agencies will co- quickly. When the public eventually the Intelligence Committee, Senator operate at all times within the bound- finds out that government agencies MARK UDALL, and that amendment aries of publicly understood law. have been rewriting surveillance laws would require the Attorney General to I have served on the Senate Intel- publicly disclose the U.S. Govern- ligence Committee for a decade, and I in secret, the result, as I have dem- ment’s official interpretation of the do not take a backseat to anybody onstrated, is invariably a backlash and USA PATRIOT Act. The amendment when it comes to protecting what are an erosion of public confidence in these specifically states that the Attorney essential sources and methods that are government agencies. I believe this is a big and growing General should not describe any par- needed to keep the American people problem. ticular intelligence collection pro- safe when intelligence is being gath- Our intelligence and national secu- grams or activities but that there ered. But I do not believe the law rity agencies are staffed by many tal- should be a full description of ‘‘the should ever be kept secret. Voters have ented and dedicated men and women. a right and a need to know what the legal interpretation and analysis nec- The work they do is very important, law says and what their government essary to understand the . . . Govern- and for the most part, they are ex- thinks the text of the law means. That ment’s official interpretation’’ of the traordinarily professional. But when is essential so the American people can law. members of the public lose confidence This morning, Senator MARK UDALL decide whether the law is appropriately in these agencies, it does not just un- and I—and we had the help of several written and they are in a position to dercut morale, it makes it harder for colleagues: Senator MERKLEY, Senator ratify or reject the decisions their these agencies to do their jobs. If you TOM UDALL—reached an agreement elected officials make on their behalf. When it comes to most government ask the head of any intelligence agen- with the chair of the Intelligence Com- functions, the public can directly ob- cy, particularly an agency that is in- mittee, Senator FEINSTEIN. She is serve the government’s actions and the volved in domestic surveillance in any going to be holding hearings on this typical citizens can decide for them- kind of way, he or she will tell you issue next month. selves whether they support or agree that public trust is the coin of the Senator MARK UDALL and I, as mem- with the things their government is realm, it is a vital commodity, and vol- bers of the committee, will be in a po- doing. Certainly, in my part of the untary cooperation from law-abiding sition to go into those hearings and the world, American citizens can visit the Americans is critical to the effective- subsequent deliberations to try to national forests and decide whether ness of our intelligence agencies. amend the intelligence authorization. they think the forests are appro- If members of the public lose con- If we do not get results inside the com- priately managed. When they drive on fidence in these government agencies mittee, because of the agreement today the interstate, they can decide for because they think government offi- with the distinguished chair of the In- themselves whether those highways cials are rewriting surveillance laws in telligence Committee, Senator FEIN- have been properly laid out and ade- secret, it is going to make those agen- STEIN, and the majority leader, Senator quately maintained. If they see some- cies less effective. As a member of the REID, we will be in a position to come one punished, they can decide for Intelligence Committee, I do not want back to this floor and offer our original themselves whether the sentence was to see that happen. amendment this fall. appropriate, whether it was too harsh I wish to wrap up now with one last We are going to keep fighting for or too lenient. comment; that is, as you look at these openness and honesty. As of today, the But Americans generally cannot de- statutes, and particularly the ones I government’s official interpretation of cide for themselves whether intel- have outlined—where you have so the law is still secret—still secret—and ligence agencies are operating within many hard-working lawyers and offi- I believe there is a growing gap, as of the law. That is why the U.S. intel- cials at these government agencies—I this afternoon, between what the pub- ligence community evolved over the wish to make it clear I do not believe lic believes that law says and the se- past several decades. The Congress set these officials have a malicious intent. cret interpretation of the Justice De- up a number of watchdog and oversight They are working hard to protect intel- partment. mechanisms to ensure that the intel- ligence sources and methods and for So I plan to vote no this afternoon on ligence agencies follow the law rather good reason. But sometimes they can this legislation because I said some than violate it. That is why the Senate lose sight of the differences between time ago that a long-term reauthoriza- and House each have a Select Intel- the sources and methods, which must tion of this legislation did require sig- ligence Committee. It is also why the be kept secret, and the law itself, nificant reforms. I believe when more Congress created the Foreign Intel- which should not. Sometimes they Members of Congress and the American ligence Surveillance Court. It is why even go so far as to argue that keeping people come to understand how the PA- Congress created a number of statutory their interpretation of the law secret is TRIOT Act has actually been inter- inspectors general to act as inde- actually necessary because it prevents preted in secret, I think the number of pendent watchdogs inside the intel- our Nation’s adversaries from figuring Americans who support significant re- ligence agencies themselves. All these out what our intelligence agencies are form and the end of secret law—the end oversight entities were created at least allowed to do. of law that is kept secret from them by in part to ensure that intelligence I can see how it might be tempting to design—I think we will see Americans agencies carry out all their activities latch onto this ‘‘Alice in Wonderland’’ joining us in this cause to ensure that within the boundaries of publicly un- logic. But if the U.S. Government were in the days ahead, as we protect our derstood law. to actually adopt it, then all our sur- country from the dangerous threats we But the law itself must always be veillance laws would be kept secret be- face, we are also doing a better job of public. Government officials must not cause that would, obviously, be even being sensitive to individual liberty. -

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3389 Those philosophies, those critical prin- amend the PATRIOT Act. We were Again, as a member of the Intel- ciples are what this country is all promised that debate, but that oppor- ligence Committee, while I cannot say about. And we are going to stay at it, tunity is literally slipping through our how this authority is being used, I be- Senator UDALL and I and others, until hands. I would like to stay here and lieve it is ripe for potential abuse and those changes are secured. continue making the case to the Amer- must be improved to protect the con- I yield the floor. ican people that this bill should and stitutionally protected privacy rights The PRESIDING OFFICER. The Sen- could be improved. of individual innocent American citi- ator from Colorado. While a number of PATRIOT Act pro- zens. Toward that goal, I have worked Mr. UDALL of Colorado. Mr. Presi- visions are permanent and remain in with my colleagues to come up with dent, I rise today in conjunction with place to give our intelligence commu- commonsense fixes that can receive bi- my colleague from Oregon to discuss nity important tools to fight ter- partisan support. For example, Senator what is before us here on the floor, rorism, the three controversial provi- WYDEN and I filed an amendment that which is the extension of the PATRIOT sions we are debating, commonly would require the Department of Jus- Act. known as roving wiretap, ‘‘lone wolf,’’ tice to disclose the official legal inter- I rise as well to express my opposi- and business records, are ripe for abuse pretation of the provisions of the PA- tion to the extension of the three most and threaten Americans’ constitu- TRIOT Act. This would make sure the controversial provisions in the PA- tional freedoms. Federal Government is only using I know we must balance the prin- TRIOT Act which are before us here those powers in ways the American ciples of liberty and security. I firmly today. The process by which we have people believe they are authorizing considered these provisions has been believe terrorism is a serious threat to the United States, and we must be them to. rushed. I believe we have done a dis- While I believe our intelligence prac- sharply focused on protecting the service to the American people by not tices should be kept secret, I do not be- American people. In fact, with my having a fuller and more open debate lieve the government’s official inter- seats on the Senate Armed Services about these provisions. pretation of these laws should be kept Committee and the Senate Intelligence Along with Senator WYDEN, I want to secret. This is an important part of our Committee, much of my attention is acknowledge the difficult position the oversight duties, and I look forward to centered on keeping Americans safe leader of the Senate, Senator REID, has both here and abroad. I also recognize working with Chairwoman FEINSTEIN been in. I want to thank him for trying in the Intelligence Committee to en- to find an agreement to vote on more that despite Osama bin Laden’s death, we still live in a world where terrorism sure this oversight occurs. amendments. We were very close to I have also filed my own amendments is a serious threat to our country, our reaching that agreement, but even in to address some of the problems I see economy, and to American lives. Our that context, the debate we have had with the roving wiretap, ‘‘lone wolf,’’ government does need the appropriate on this bill has been insufficient. and business record provisions. For ex- surveillance and antiterrorism tools to If you look at what we are about to ample, I joined Senator WYDEN in filing achieve these important goals. How- approve, it is a one-page bill which just ever, we need to and we can strike a an amendment designed to narrow the changes the dates in the existing PA- better balance between protecting our scope of the business records materials TRIOT Act. This is a lost opportunity. national security and the constitu- that can be collected under section 215 As a member of the Intelligence tional freedoms of our people. Let me of the PATRIOT Act. And I just high- Committee, I can tell you that what give you an example. This debate has lighted some of the problems with that most people—including many Members failed to recognize that the current provision. Our amendment would still of Congress—believe the PATRIOT Act surveillance programs need improved allow enforcement agencies to use the allows the government to do—what it public oversight and accountability. PATRIOT Act to obtain investigation allows the government to do—and what I know Americans believe we ought records, but it would also require those government officials privately believe to only use PATRIOT Act powers to in- entities to demonstrate that the the PATRIOT Act allows them to do vestigate terrorists or espionage-re- records are in some way connected to are two different things. Senator lated targets. Yet section 215 of the terrorism or clandestine intelligence WYDEN has been making that case. I PATRIOT Act, the so-called business activities. want to make it as well. records provision, currently allows Today, law enforcement currently I cannot support the extension of the records to be collected on law-abiding can obtain any kind of records. In fact, provisions we are considering today Americans without any connection to the PATRIOT Act’s only limitation without amendments to ensure there is terrorism or espionage. If we cannot states that such information has to be a check on executive branch authority. limit investigations to terrorism or related to ‘‘any tangible thing.’’ That I do not believe the Coloradans who other nefarious activities, where do is right. As long as these business sent me here to represent them would they end? records are related to any tangible accept this extension either. Ameri- Coloradans are demanding that in ad- thing, the U.S. Government can require cans would be alarmed if they knew dition to the review of the Foreign In- businesses to turn over information on how this law is being carried out. telligence Surveillance Court, we place their customers, whether or not there I appreciate the Intelligence Com- commonsense limits on government in- is a link to terrorism or espionage. I mittee chairwoman, DIANNE FEINSTEIN, vestigations and link data collection to have to say that I just do not think it working with us to hold hearings in the terrorist or espionage-related activi- is unreasonable to ask that our law en- committee to examine how the admin- ties. If—or I should say when—Con- forcement agencies identify a ter- istration is interpreting the law. I be- gress passes this bill to extend the PA- rorism or espionage investigation be- lieve that is a critical step forward. TRIOT Act until 2015, it will mean that fore collecting the private information However, that addresses only the over- for 4 more years the Federal Govern- of law-abiding American citizens. arching concern. I still have concerns ment will have access to private infor- These amendments represent but a about the individual provisions we are mation about Americans who have no few of the reform ideas we could have considering today. connection to terrorism without suffi- debated this week. But without further We just voted to invoke cloture to cient accountability and without real debate on these issues, this or any cut off debate on the 4-year extension public awareness about how these pow- other administration, whether inten- of provisions that give the government ers are used. tionally or unintentionally, can abuse wide-ranging authority to conduct Again, I underline that we all agree the PATRIOT Act. And because of the wiretaps on groups and individuals or the intelligence community needs ef- need to keep classified material classi- collect private citizens’ records. I fective tools to combat terrorism, but fied, Congress cannot publicly fulfill voted no because the debate should not we must provide these tools in a way our oversight responsibilities on behalf be over without a real chance to im- that protects the constitutional free- of the American people. prove these authorities. I recently sup- doms of our people and lives up to the So, as I started out my remarks, I ported a 3-month extension so the Sen- standard of transparency that democ- plan to vote against the reauthoriza- ate could take time to debate and racy demands. tion of these three expiring provisions

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3390 CONGRESSIONAL RECORD — SENATE May 26, 2011 because we fail to implement any re- amendments be in order: Amendment The PRESIDING OFFICER. Is there forms that would sensibly restrain No. 363, firearm records, and amend- objection? these overbroad provisions. In the ment No. 365, suspicious activity re- Mr. LEAHY. Madam President, re- nearly 10 years since Congress passed ports; that there be 60 minutes of de- serving the right to object, I would the PATRIOT Act, there has been very bate prior to votes in relation to the first ask unanimous consent that an little opportunity to improve this law, amendments, with the time equally di- editorial in today’s Washington Post in and I, for one, am very disappointed vided between Senator PAUL and the favor of my amendment be printed in that we are once again being rushed majority leader or their designees; that the RECORD. into approving policies that threaten neither Paul amendment be divisible; There being no objection, the mate- the privacy—which, under one defini- that upon the use or yielding back of rial was ordered to be printed in the tion, is the freedom to be left alone—of time, the majority leader or his des- RECORD, as follows: the American people. It is a funda- ignee be recognized for a motion to [From the Washington Post, May 25, 2011] mental element and principle of free- table; if there are not at least 60 votes A CHANCE TO PUT PROTECTIONS IN THE dom. in opposition to a motion to table the PATRIOT ACT The bill that is before us today, in above amendments, the amendments Congress appears poised to renew impor- my opinion, does not live up to the bal- be withdrawn; further, upon disposition tant counterterrorism provisions before they anced standard the Framers of our of the two Paul amendments, amend- are to expire at the end of the week. That Constitution envisioned to protect ment No. 348 be withdrawn; that all re- much is welcome. But it is disappointing both liberty and security, and I believe maining time postcloture be yielded that lawmakers may extend the Patriot Act measures without additional protections it seriously risks the constitutional back and the Senate proceed to vote on meant to ensure that these robust tools are freedoms of our people. By passing this adoption of the motion to concur in the used appropriately. unamended reauthorization, we are en- House amendment to S. 990 with The Patriot Act’s lone-wolf provision al- suring that Americans will live with amendment No. 347; that no points of lows law enforcement agents to seek court the status quo for 4 more long years. I order or motions be in order other than approval to surveil a non-U.S. citizen be- am disappointed and I know that many those listed in this agreement and lieved to be involved in terrorism but who of our constituents would be dis- budget points of order and applicable may not have been identified as a member of appointed if they were able to under- a foreign group. A second measure allows the motions to waive. government to use roving wiretaps to keep stand the implications of our inaction The PRESIDING OFFICER. Is there tabs on a suspected foreign agent even if he on these troubling issues. objection? repeatedly switches cellphone numbers or As I close, I just want to say there is The Senator from Vermont, communication devices, relieving officers of a gravitational pull to secrecy that I Mr. LEAHY. Madam President, re- the obligation of going back for court ap- think we all have as human beings. It serving the right to object, I ask unani- proval every time the suspect changes his is hard to resist it. And the whole point mous consent that the agreement be means of communication. A third permits of the checks and balances our Found- modified to include the Leahy-Paul the government to obtain a court order to ers put in place was to ensure that amendment with the same time for de- seize ‘‘any tangible item’’ deemed relevant to a national security investigation. All power couldn’t be consolidated and bate and a vote under the usual proce- three are scheduled to sunset by midnight that power abused, again whether in- dures. Thursday. tentionally or unintentionally. We The PRESIDING OFFICER. Is there House and Senate leaders have struck a would all like to be king for a day. We objection? preliminary agreement for an extension to all have ideas about how we could Mr. REID. Madam President, I pro- June 2015 and may vote on the matter as make the world a better place. But we pounded this unanimous consent re- early as Thursday morning. This agreement know the dangers in giving that much quest: I would comment to my friend, was not easy to come by. Several Republican power to one person or one small group the chairman of the Judiciary Com- senators originally wanted permanent exten- mittee, this amendment he has sug- sions—a proposition rebuffed by most Demo- of people. crats and civil liberties groups. In the House, Ben Franklin put it so well. I can’t gested has bipartisan support. He has conservative Tea Party members, who wor- do justice to his remarks and the way worked very hard on this. It is an ried about handing the federal government he stated them, but to paraphrase him, amendment that we hope sometime the too much power, earlier this year bucked a he said that a society that would trade content of which can be fully brought move that would have kept the provisions essential liberty for short-term secu- before the American people because it alive until December. Congressional leaders rity deserves neither. And our job as is something that is bipartisan and were forced to piece together short-term ap- Senators is to ensure that we actually timely. I would hope we can get con- provals to keep the tools from lapsing. The compromise four-year extension is im- enjoy both of those precious qualities, sent to include his amendment. portant because it gives law enforcement security and liberty. The PRESIDING OFFICER. The mi- agencies certainty about the tools’ avail- This is an important vote today. This nority leader. ability. But the bill would be that much is an important undertaking. I know Mr. MCCONNELL. I object to the stronger if oversight and auditing require- we can, through the leadership of Sen- Leahy request. ments originally included in the version ator WYDEN and many of us who care The PRESIDING OFFICER. Objec- from Sen. Patrick J. Leahy (D–Vt.) were per- deeply about this, ensure that the PA- tion is heard. mitted to remain. Mr. Leahy’s proposal, TRIOT Act keeps faith with the prin- Is there any remaining objection to which won bipartisan approval in the Senate the request of the leader? Judiciary Committee, required the attorney ciples we hold dear. general and the Justice Department inspec- I yield the floor, and I suggest the ab- Mr. LEAHY. Madam President, I sug- tor general to provide periodic reports to sence of a quorum. gest the absence of a quorum. congressional overseers to ensure that the The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- tools are being used responsibly. Mr. Leahy clerk will call the roll. ator does not have the floor. The leader has crafted an amendment that includes The legislative clerk proceeded to has the floor. these protections, but it is unlikely that the call the roll. Mr. REID. I note the absence of a Senate leadership will allow its consider- Mr. REID. Madam President, I ask quorum. ation. unanimous consent that the order for The PRESIDING OFFICER. The At this late hour, it is most important to ensure that the provisions do not lapse, the quorum call be rescinded. clerk will call the roll. which could happen as a result of a dispute The PRESIDING OFFICER (Mrs. The legislative clerk proceeded to between Senate Majority Leader Harry M. MCCASKILL). Without objection, it is so call the roll. Reid (D–Nev.) and Sen. Rand Paul (R–Ky.) ordered. Mr. REID. Madam President, I ask over procedural issues. If time runs out for Mr. REID. I appreciate everyone’s pa- unanimous consent that the order for consideration of the Leahy amendment, Mr. tience. We are working toward the end, the quorum call be rescinded. Leahy should offer a stand-alone bill later to but we are not there yet. The PRESIDING OFFICER. Without make the reporting requirements the law. I ask unanimous consent that it be in objection, it is so ordered. Mr. LEAHY. Madam President, fur- order for Senator PAUL to offer two Mr. REID. Madam President, I renew ther reserving the right to object, I amendments en bloc and no other my request. find it extremely difficult—and I have

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3391 great respect for Senator PAUL as a co- legislation has at least helped us un- overthrow of your government? By all sponsor of my amendment—that one derstand each other, which I appreciate means, if you are, let’s look at your more time we have a case where we very much, and I appreciate his work- records. Let’s put you in jail. Let’s could have two amendments on the Re- ing with us. It has been most difficult prosecute you. But let’s not sift publican side and we have one that is for him and for me. through hundreds of millions of gun cosponsored by both Republicans and The PRESIDING OFFICER. Who records to find out whether you own a Democrats on this side, but we can’t go yields time? gun. Let’s don’t leave those data banks forward with it. We have two amend- The Senator from Kentucky. in the hands of government where ments that have not gotten any com- Mr. PAUL. I am pleased today to someday those could be abused. mittee hearings. We have one on this come to the floor of the Senate to talk What we are asking for are proce- side that has been voted on by a bipar- about the PATRIOT Act. I am pleased dural protections. The Constitution tisan majority, Republicans and Demo- we have cracked open the door that gave us those protections. The second crats, twice out of committee, twice on will shed some light on the PATRIOT amendment gives us the right to keep the floor, and that can’t go forward. Act. I wish the door were open wider, and bear arms. The fourth amendment It is my inclination to object further. the debate broader and more signifi- is equally important. It gives us the I realize the difficulty that would put cant, but today we will talk a little bit right to be free of unreasonable search. my friend from Nevada in, so I will not about the constitutionality of the PA- It gives us the right to say that govern- object. But I do feel this ruins the TRIOT Act. ment must have probable cause. There chances to make the PATRIOT Act one I was a cosponsor of Senator LEAHY’s must be at least some suspicion that one is committing a crime before they that could have had far greater bipar- amendment, and I think it would have come into one’s house or before they go tisan support, and we have lost a won- gone many great steps forward to make into one’s records, wherever one’s derful chance. But I understand we sure we have surveillance on what our records are. The Constitution doesn’t have to do what the Republicans want government does. It would have au- say that one only has protection of in this bill, so I will withdraw my ob- thorized audits by the inspector gen- eral to continue to watch over and to records that are in one’s house. One jection. should have protection of records that The PRESIDING OFFICER. Is there make sure government is not invading the rights of private citizens, and I do reside in other places. Just because objection? one’s Visa record resides with a Visa Without objection, it is so ordered. support that wholeheartedly. Jefferson said if we had a government company doesn’t make it any less pri- Mr. REID. Madam President, in this vate. If we look at a person’s Visa bill, editorial to which the chairman of the of angels, we wouldn’t have to care or be concerned about the power that we we can find out all kinds of things Judiciary Committee refers, there are about them. If we look at a person’s four very strong paragraphs indicating give to government. Unfortunately, sometimes we don’t have angels in Visa bill, we can find out what doctors why his amendment is important and they go to; do they go to a psychia- charge of our government. Sometimes necessary. But in keeping with the trist; do they have mental illness; what we can even get a government in kind of Senator we have in the senior type of medications do they take. Senator from Vermont—the final para- charge that would use the power of If someone looked at my Visa bill, graph is also quite meaningful and it is government in a malicious or malevo- they could tell what type of books or meaningful because that is the kind of lent way, to look at the banking magazines I read. One of the provisions Senator we have from Vermont by the records of people they disagree with po- of the PATRIOT Act is called the li- name of PAT LEAHY. This is the last litically, to look at the religious prac- brary provision. They can look at the paragraph: tices of people they disagree with. So it books someone checks out in the li- At this late hour, it is most important to is important that we are always vigi- brary. People say, well, still, a judge ensure that the provisions do not lapse, lant, that we are eternally vigilant of has to sign these warrants. But we which would happen as a result of a dispute the powers of government so they do changed the standard. The standard of between Senate Majority Leader Harry Reid not grow to such an extent that gov- the fourth amendment was probable and Senator Rand Paul over procedural ernment could be looking into our pri- cause. They had to argue, or at least issues. vate affairs for nefarious reasons. convince a judge, that you were a sus- Here is the final sentence, which We have proposed two amendments pect, that you were doing something demonstrates why PAT LEAHY is a that we will have votes on today. One wrong. Now the cause or the standard friend of the United States and is a leg- of them concerns the second amend- has been changed to relevance. So it end in the Senate: ment. I think it is very important that could be that you went to a party with If time runs out for consideration of the we protect the rights of gun owners in someone who was from Palestine who Leahy amendment, Mr. Leahy should offer a our country, not only for hunting but gives money to some group in Pal- stand-alone bill later to make the reporting for self-protection, and that the estine that may well be a terrorist requirements the law. records of those in our country who group. But the thing is, because I went So I appreciate very much Senator own guns should be secret. I don’t to a party with them, because I know LEAHY being his usual team player. think the government, well intentioned that person, am I now somehow con- Mr. LEAHY. Madam President, if the or not well intentioned, should be sift- nected enough to be relevant? They Senator would yield for a moment, he ing through millions of records of gun would say, Well, your government referred to that last line that this owners. Why? There have been times would never do that. They would never should be offered as a freestanding bill. even in our history in which govern- go to investigate people. The problem I assure the leader it will be offered as ment has invaded our homes to take is, this is all secret. So I do not know a freestanding bill and I hope it is one things from us. In the 1930s, govern- if I have been investigated. My Visa that, because of bipartisan support, ment came into our households and bill sometimes has been $5,000. Some- could be brought up at some point for said give us your gold. Gold was con- times we pay for them over the phone, a vote. fiscated in this country in 1933. Could which is a wire transfer. Have I been Mr. REID. Madam President, this is there conceivably be a time when gov- investigated by my government? I do an extremely important plateau we ernment comes into our homes and not know. It is secret. have reached. It has been very difficult says, We want your guns? What I want is protection. I want to for everyone. But now this bill can go People say that is absurd. That would capture terrorists, sure. If terrorists to the President of the United States if never happen. I hope that day never are moving machine guns and weapons these amendments are defeated, which comes. I am not accusing anybody of in our country, international terror- I hope they are. It will go to the Presi- being in favor of that, but I am worried ists, by all means, let’s go after them. dent tonight before the deadline of this about a government that is sifting But the worst people, the people we bill, so this bill will not lapse. Even through millions of records without want to lock up forever—the people all though the Senator from Kentucky, asking: Are you a suspect; without ask- of us universally agree about: people Mr. PAUL, and I have had some dif- ing, are you in league with foreign ter- who commit murder, people who com- ferences, what we have done on this rorists? Are you plotting a violent mit rape—we want to lock them up and

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3392 CONGRESSIONAL RECORD — SENATE May 26, 2011 throw away the book, and I am all with ports were maybe 10,000 in a year. There have been people who have im- you. But we still have the protections There are now over 1 million of these plied in print that if I hold up the PA- of the fourth amendment. suspicious-activity reports. TRIOT Act and they attack us tonight, If someone is running around in the Do I want to capture terrorists? Yes. then I am responsible for the attack. streets of Washington tonight—at 4 in Do I want to capture terrorists who are There have been people who have im- the morning—and we think they may transferring large amounts of money? plied that if some terrorist gets a gun, have murdered someone, we will call a Yes. But you know what. When we are then I am somehow responsible. It is judge, and we will get a warrant. Just wasting time on 8 million trans- sort of the analogy of saying that be- because we believe in procedural pro- actions—the vast majority of these cause I believe you should get a war- tections, just because we believe in the transactions being by law-abiding U.S. rant before you go into a potential or Constitution does not mean we do not citizens—we are not targeting the peo- alleged murderer’s house, somehow I want to capture terrorists. We just ple who would attack us. am in favor of murder. want to have some rules. Let’s do police work. If there are ter- I am in favor of having constitu- I will give you an analogy. Right rorist groups in the Middle East and we tional protections. These arose out of now, you have been to the airport. know who they are, let’s investigate hundreds of years of common law. They Most of America has been to the air- them. If they have money in the United were codified in our Constitution be- port at some point in time in the last States or they are transferring it be- cause we were worried. We were incred- year or two. Millions of people fly tween banks, by all means, let’s inves- ibly concerned about what the King every day. But we are taking this shot- tigate them. But let’s have some con- had done. We were concerned about gun approach. We think everyone is a stitutional protections. Let’s have what a far distant Parliament was terrorist, so everyone is being patted some protections that say you must doing to us without our approval. We down, everyone is being strip-searched. ask a judge for a warrant. were concerned about what James Otis We are putting our hands inside the Some have said: How would we get called writs of assistance. Writs of as- pants of 6-year-old children. I mean, these people? Would we capture those sistance were pieces of paper that were have we not gone too far? Are we so who are transferring weapons? We warrants that were written by soldiers. afraid that we are willing to give up all would investigate. We have all kinds of They were telling us we had to house of our liberty in exchange for security? tools, and we have been using those the British soldiers in our houses, and Franklin said: If you give up your lib- tools. they were giving general warrants erty, you will have neither. If you give Others have said: Well, we have cap- which meant: We are just going to up your liberty in exchange for secu- tured these people through the PA- search you willy-nilly. We are not rity, you may well wind up with nei- TRIOT Act, and we never could have going to name the person or the place. ther. gotten them. The problem with that We are not going to name the crime Because we take this shotgun ap- argument is that it is unprovable. You you are accused of. proach, we take this approach that ev- can tell me you captured people If a government were comprised of eryone is a potential terrorist, I think through the PATRIOT Act and I can angels, we would not need the fourth we actually are doing less of a good job believe you captured them and you amendment. What I argue for here now in capturing terrorists because if we have prosecuted them, but you cannot is protections for us all should we get spent our time going after those who prove to me you would not have cap- a despot, should we someday elect were committing terrorism, maybe we tured them had you asked for a judge. somebody who does not have respect would spend less time on those who are We have a special court. It is called for rights. We should obey rules and living in this country, children and the FISA Court. The FISA Court has laws. otherwise, frequent business travelers, been around since the late 1970s. Not Is this an isolated episode we are who are not a threat to our country. one warrant was ever turned down be- here talking about, the PATRIOT Act, Instead of wasting time on these peo- fore the PATRIOT Act. But they say: and that there is an insufficient time, ple, we could spend more time on those We need more power. We need more that it is a deadline: Hurry, hurry; we who would attack us. power given to these agencies, and we must act. It is not an isolated time. I will give you an example—the Un- do not need any constitutional re- We have had no sufficient debate on derwear Bomber. For goodness’ sakes, straint anymore. the war with Libya. We are now en- his dad reported him. His dad called But my question is, the fourth countered in a war in Libya, so we now the U.S. Embassy and said: My son is a amendment said you had to have prob- have a war in which there has been no potential threat to your country. We able cause. You had to name the person congressional debate and no congres- did nothing. He was on a watch list. We and the place. Well, how do we change, sional vote. But do you know what still let him get on a plane. He had get rid of probable cause and change it they argue. They say it is just a little been to Nigeria. He had been to Yemen to a standard of relevance? How do we war. But you know what. It is a big twice. For goodness’ sakes, why don’t do that and amend the Constitution principle. It is the principle that we as we take half the people in the TSA who without actually amending the Con- a country elect people. It is a principle are patting down our children and let’s stitution? These are important con- that we are restrained by the Constitu- have them look at the international stitutional questions. But when the tion, that you are protected by the flight manifest of those traveling from PATRIOT Act came up, we were so Constitution, and that if I ask the certain countries who could be attack- frightened by 9/11 that it just flew young men and women here today to ing us? For goodness’ sakes, why don’t through here. There were not enough go to war and say we are going to go to we target whom we are looking at? copies to be read. There was one copy war, there darn well should be a debate My other amendment concerns bank- at the time. No Senator read the PA- in this body. We are abdicating those ing records. Madam President, 8 mil- TRIOT Act. It did not go through the responsibilities. lion banking records have been looked standard procedure. We are not debating the PATRIOT at in our country—not by the govern- Let’s look at what is happening now. Act sufficiently. We are not having an ment. They have empowered your bank Ten years later, you would think the open amendment process. It took me 3 to spy on you. Every time you go into fear and hysteria would have gotten to days of sitting down here filibustering, your bank, your bank is asked to spy such a level that we could go through but I am going to get two amendment on you. If you make a transaction of the committee process. Senator votes. I am very happy and I am more than $5,000, the bank is encour- LEAHY’s bill went to committee. It was pleased we came together to do that. I aged to report you. If the bank does deliberated upon. It was discussed. It wish we would do more. I wish Senator not report you, they get a large fine, to was debated. It was passed out with bi- LEAHY’s bill was being voted on here on the tune of $100,000 or more. They could partisan support. It came to the floor the floor. I wish there were a week’s get 5 years in prison. They are over- with bipartisan support. But do you worth of debate. encouraged. The incentive is for the know why it is not getting a vote now? The thing is, we come here to Wash- bank to report everyone. So once upon Because they have backed us up ington expecting these grand debates. I a time, these suspicious-activity re- against a deadline. have been here 4 months. I expected

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3393 that the important questions of the think it is the business of law enforce- One of my colleagues today reported: day would be debated back and forth. ment, get a warrant. Prove to some- Well, there is no evidence those 8 mil- Instead, what happens so often is the body—at least have one step that says lion banking investigations are both- votes are counted and recounted and that person is doing something sus- ering or doing anything to innocent laboriously counted. When they know picious. people. Well, there is a reason for there they can beat me or when they know The thing is, these suspicious-activ- being no evidence: They are secret. You they can beat somebody else, then they ity reports—8 million of them have are not told if your bank has been spy- allow the vote to come to the floor. been filed in the last 8 years. The gov- ing on you. If your bank has put in a But some, like Senator LEAHY’s bill—I ernment does not have to ask for this; suspicious-activity report, you are not am suspicious that it is not going to be it is sort of like they have deputized informed of that. voted on because they may not be able the banks. The banks have now become So the bottom line is, just because to beat it. I support it. sort of like police agencies. The banks there is no complaint does not mean So the question is, Should we have are expected to know what is in the there have not been abuses. There is some more debate in our country? We Bank Secrecy Act. They are expected something called national security let- have important issues pressing on us. I to know thousands of pages of regula- ters. These are written by officers of have been here for 4 months, and I am tions. But do you know what they tell the law, by FBI agents. There is no re- concerned about the future of our your bank. If you do not report every- view by judges. There have been 200,000 country because of the debt burden, be- body, if you do not report these trans- of these. There has been an explosion of cause of this enormous debt we are ac- actions, we will fine you, we will put these national security letters, and we cumulating. But are we debating it you in jail, or we will put you out of do not know whether they are being fully? Are we talking about ways we business. abused because they are a secret. could come together, how Republicans That is a problem. It is a real prob- In fact, here is how deep the secret and Democrats, right and left, could lem that that is what has come of this. goes. When the PATRIOT Act was come together to figure out this crisis I think we need to have procedural pro- originally passed, you were not allowed of debt? No. I think we are so afraid of tections. to tell your lawyer. If the government debate but particularly with the PA- Madam President, if at this point came to you with an FBI agent’s re- TRIOT Act. there is a request from the Senator quest, you could not even tell your The thing with the PATRIOT Act is from Illinois to yield for a question or lawyer. This, is very disturbing. They that it is so emotional because anyone a comment, I would be happy to, if it is finally got around to changing that. who stands up, like myself, and says we about the PATRIOT Act. But you know what. If I had an Inter- need to have protections for our people, OK. The amendments I will be pro- net service, if I am a server and they that we should not sift through the posing will be about two things, and we come to me with a policeman’s request, records of every gun owner in America, will have votes on them. We have been and they say: Give us your records—if looking and just trolling through given the time to debate, which I am I tell anyone other than my attorney, I records—interestingly, we have looked glad we fought for. We will basically be can go to jail for 5 years. at 28 million electronic records, when given a virtually insurmountable hur- What we have is a veil of secrecy. So the inspector general looked at this—28 dle. This will be maybe the first time even if the government is abusing the million electronic records. We have in recent history I remember seeing powers, we will never know. How much looked at 1,600,000 texts. If you said to this, but they will move to table my time remains? me: Well, they asked a judge, and they amendments. In order for me to defeat The PRESIDING OFFICER. The Sen- thought these were terrorists, I do not the tabling motion, I will have to have ator has 8 minutes remaining. have a problem. The judge gives them a 60 votes. It is similar to the votes we Mr. PAUL. Does the Senator from Il- warrant, and they look at these text have when you have to overcome a clo- linois wish to interject? messages or electronic records. But do ture vote or you have to overcome a Mr. DURBIN. I understand there is you want them trolling through your filibuster. But we really are not having time on the other side as well. Facebook? Do you want them trolling any vote where there is a possibility of The PRESIDING OFFICER. There is through your e-mails? Do you want a me winning. There is really a forgone 28 minutes on the majority side. government that is unrestrained by conclusion. The votes are counted in Mr. DURBIN. I would like to speak law? advance. on the majority’s time. This ultimately boils down to wheth- I am proud of the fact that I fought Mr. PAUL. I will finish up then. As er we believe in the rule of law. So for, though, and we got some debate on we go forward on these, I would hope often we give lipservice to it on our the floor and that maybe in bringing there would be some deliberation and side and the other side, and everybody this fight, the country will consider that the vote, as it goes forward, peo- says: We believe in the Constitution and reconsider the PATRIOT Act. But ple will think about that we need to and the rule of law. When you need to we need to have more debate. Senator balance our freedoms with our secu- protect the rule of law is when it is LEAHY’s bill needs to be fully debated rity. I think we all want security. No- most unpopular. When everybody tells and needs to come out. Maybe when body wants what happened on 9/11 to you that you are unpatriotic or you are there is not a deadline, maybe it will happen again. for terrorism because you believe in come forward. Maybe we can have some But I think we do not need to sim- the Constitution, that is when it is discussion. plify the debate to such an extent that most precious, that is when it is that But I guess most of my message is we simply say we have to give up our you need to stand up and say no. that we should not be fearful. We liberties. For example, I cannot tell We can fight. We can preserve our should not be fearful of freedom. We you how many times people have come freedoms. We are who we are because of should not be fearful of individual lib- up to me in Washington, unelected offi- our freedoms and our individual lib- erty. And they are not mutually exclu- cials, and said: We could have gotten erty. If we give that up, we are no dif- sive. You do not have to give up your Moussaoui, the 19th hijacker, if we had ferent from those whom we oppose. liberty to catch criminals. You can the PATRIOT Act. Those who wish to destroy our country catch criminals and terrorists and pro- The truth is, we did not capture want to see us dissolved from within. tect your liberty at the same time. Moussaoui because we had poor police We dissolve from within when we give There is a balancing act. But what we work. Ask yourself: Did we fire any- up our liberties. We need to stand and did in our hysteria after 9/11 was we did body after 9/11? We gave people gold be proud of the fact that in our country not do any kind of balancing act. We medals. We gave them medals of honor it is none of your darn business what just said: Come and get it. Here is our for their intelligence work after 9/11. we are reading. It is none of your busi- freedom, come and get it. We do not To my knowledge, not one person was ness where we go to see a doctor, what care whether there is review in Con- fired. movie we see, or what our magazines gress. We do not care whether there is Do you think we were doing a good are. It is nobody’s business here in to be an inspector general looking at job before 9/11? We had the 19th hi- Washington what we are doing. If they this. jacker in prison, in custody for a

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3394 CONGRESSIONAL RECORD — SENATE May 26, 2011 month before 9/11. We had his com- other agencies of government to find without additional protections in- puter. When they looked at out if our rights are being trampled cluded for the constitutional rights of Moussaoui’s computer 4 days after 9/11 upon. our American citizens. or the day after 9/11, they connected all So I would ask, in conclusion, as It is worth taking a moment to re- of the dots to most of the hijackers and these amendments come forward, that view the history. The PATRIOT Act to people in Pakistan. people think about it. Think about our was passed 10 years ago—almost 10 Why did we not look at his com- constitutional protections. But do not years ago—while Ground Zero was still puter? Was it because we did not have go out and say the Senator from Ken- burning. Congress responded and the prerogative? They did not ask. An tucky does not want to capture terror- passed it with an overwhelming bipar- FBI agent in Minnesota wrote 70 let- ists or the Senator from Kentucky tisan vote. It was a unique moment in ters to his superiors saying: Ask for a wants people to have guns and to at- our history. But even then we were warrant. His superiors did not ask for a tack us because the thing is, we can concerned enough to put a sunset and warrant. Do you think we should have have reasonable philosophical debates to do our best to review it in the future done something about that after 9/11? about this, but we need to be having an to determine whether it went too far We gave everybody in the FBI and open debate process. We need to talk when it came to our freedoms. I voted the CIA medals. We gave the leaders about the constitutional protections, for it, but I soon realized that it gave medals for meritorious service, and no the provisions that protect us all, and too much power to government with- one blinked an eye. What did we do? We we need to be aware of that. out enough judicial and congressional passed the PATRIOT Act and said: I tell people: You cannot protect the oversight. Come and take our liberties. Make us second amendment if you do not be- So 2 years after the PATRIOT Act safe. But to make us safe, we should lieve in the fourth amendment. You became law, I joined a bipartisan group not give up our rights to protect what cannot protect the second amendment of Senators in introducing the SAFE we read, to protect what we view, to if you do not believe in the first Act, legislation to reform the PA- protect where we go and who we asso- amendment. It is all incredibly impor- TRIOT Act. The SAFE Act was sup- ciate with. We should not allow govern- tant. ported by advocates from the left and ments to troll willy-nilly through mil- I hope as we go forward on this vote, right, from the ACLU to the American lions of records. and even though I will likely fail, be- Conservatives Union. Progressive You have heard of wireless wiretaps. cause of the way the rules are set up on Democrats and very conservative Re- A lot of these things are unknown be- the vote, I hope as we go forward that publicans came together across the cause they are so secret that nobody at least somebody will begin to discuss partisan divide understanding Ameri- knows. Even many of us do not even this, somebody will begin to discuss cans can be both safe and free. know the extent of these things. But I where we should have some constitu- We wanted to retain the expanded can tell you, there is a great deal of tional restraint; that Senator LEAHY powers of the PATRIOT Act but place evidence that we were looking at mil- will have a chance to bring his bill for- some reasonable limits to protect con- lions of records and that millions of in- ward, and that there will be a full and stitutional rights. When he joined the nocent U.S. citizens are having their open debate. Senate in 2005, Senator Barack Obama records looked at. I hope we have cracked the door open became a cosponsor of our SAFE Act. Now, are we doing anything? Are we Here is what he said as a Senator: imprisoning innocent folks? No, I do and I have been a small part of that. I yield back my time. not think we are doing that. I think We don’t have to settle for a PATRIOT Act The PRESIDING OFFICER (Ms. that sacrifices our liberties or our safety. We they are good people. I think the peo- KLOBUCHAR.) The Senator from Illinois. can have one that secures both. ple I have met in the FBI, the people I Mr. DURBIN. Madam President, it is have met in our government want to do I agree with then-Senator Obama. In my understanding that we have a con- the right thing. But what I am fearful 2006, the first time Congress reauthor- sent that will allow Senator PAUL to of is that there comes a time when we ized the PATRIOT Act, some reforms offer two amendments, and then we have given up these powers—for exam- from the SAFE Act were included in will go to final passage on this reau- ple, the constitutional discussion over the bill, and I supported it. However, thorization of the PATRIOT Act. war. many key protections from the SAFE If we say: Well, Libya is just a small The PRESIDING OFFICER. That is Act were not included, so there are war. We do not care. We say Congress correct. still significant problems. has no say in this. What happens when Mr. DURBIN. I will oppose the The FBI is still permitted to obtain a we get a President who decides to send amendments offered by Senator PAUL, John Doe roving wiretap that does not 1 million troops into war and we sim- and then oppose the reauthorization of identify the person or the phone that ply say: Who cares. You know, we let the PATRIOT Act. I would like to ex- will be wiretapped. In other words, the the President do whatever he has to do plain in my remarks why. FBI can obtain a wiretap without tell- because he has unlimited powers. I voted for the PATRIOT Act in the ing a court who they want to wiretap We fought a war, we fought long and year 2001. In fact, there was only one or where they want to wiretap. hard to restrict—we wanted an Execu- Senator on the floor—who no longer In garden variety criminal cases, the tive that was bound by the chains of serves—who voted against it. It was a FBI is still permitted to conduct the Constitution. We wanted a Presi- moment of national crisis. We were sneak-and-peak searches of a home dency, an executive branch that was told then by the Bush administration without notifying the homeowner bound by the checks and balances. they needed new authorities to make about the search until a later time. We That is what our Constitution is about. certain that America would be safe and now know the vast majority of sneak- It is about debate. Debate is important. never attacked again. and-peak searches take place in cases Amendments are important. Bringing I want to salute Senator PATRICK that do not involve terrorism in any forward something from committee LEAHY, as well as his counterparts on way. that would have reformed the PA- both sides of the aisle, who worked A national security letter, or NSL, is TRIOT Act is incredibly important, to night and day to put together a bipar- a form of administrative subpoena have those debates on the floor of the tisan version of this PATRIOT Act and issued by the FBI. We often hear NSLs Senate. had the good sense to include in it a compared to grand jury subpoenas. But That is why there is a certain sunset. We knew we were writing a law unlike a grand jury subpoena, a na- amount of disappointment to having with high emotion over what had hap- tional security letter is issued without arrived in Washington and to see the pened to our country. We wanted to the approval of a grand jury or even a fear of debate of the Constitution, and make sure it was a good law, but we prosecutor. And unlike the grand jury that we need to be debating these made certain it would be temporary in subpoena, the recipient of an NSL is things. We need to have full amend- nature, for the most part, and we would subjected to a gag order at the FBI’s ments. return and take another look at it. I discretion. Can there be any excuse why the in- cannot vote for an extension, a long- The PATRIOT Act also greatly ex- spector general should not be reviewing term extension, of the PATRIOT Act panded the FBI’s authority to issue

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3395 NSLs. An NSL now allows the FBI to ator PAUL’s amendment concerning the financial institution, and also obtain sensitive personal information suspicious activity reports, or what is there has to be some follow-on proce- about innocent American citizens, in- referred to as SARS. dure to determine that there is reason cluding library records, medical This amendment would prevent the for the government to get hold of the records, gun records, and phone records Department of Treasury from requiring financial records of this individual. even when there is no connection what- any financial institution to submit a In my mind, this amendment would soever to a suspected terrorist or spy. suspicious activity report unless law put law enforcement in an unaccept- The Justice Department’s inspector enforcement first requests the report. able and unreasonable position. At the general concluded that this standard If this amendment should become law, same time we are asking them to pur- ‘‘can be easily satisfied.’’ This could it will effectively take away one of the sue swindlers and money launderers lead to government fishing expeditions government’s main weapons in the bat- more aggressively, we need to preserve that target innocent people. tle against money laundering and other the requirement that financial institu- For years we have been told there is financial crimes. tions report suspicious activities. We no reason to be concerned about this It will also negatively impact our ef- need to follow up on these leads not broad grant of power to the FBI. In forts to detect and follow the flow of just from a criminal law enforcement 2003, then-Attorney General Ashcroft funds to and from international terror- perspective but from a national secu- testified to our committee that librar- ists. It is important to remember that rity perspective as well. ians raising concerns about the PA- SARS are essentially tips from third- Since 9/11, I have been involved with TRIOT Act were ‘‘hysterics’’ and that party financial institutions concerning the Intelligence Committee all of those ‘‘the Department of Justice has neither suspicious transactions. Because law years. We do extensive oversight on the staffing, the time, nor the inclina- enforcement is not watching the finan- this particular provision in the PA- tion to monitor the reading habits of cial transaction of every American on TRIOT Act, as well as other provisions. Americans.’’ But we now know the FBI a daily basis 24/7, they often have no We have hearings on this from time to has, in fact, issued national security idea that a person is even engaged in a time, and we require the law enforce- letters for the library records of inno- financial crime until they receive a ment officials to come in and talk to us cent people. suspicious activity notification from a about what they are doing. To my knowledge, there has never been one For years we were told the FBI was financial institution. In a sense, SARs complaint or abuse that has been not abusing this broad grant of power. are not much different than the tips shown from the use of this particular But in 2007, the Justice Department’s that law enforcement often receives provision. This particular provision is own inspector general has concluded from anonymous sources. These tips or working exactly the way we intended it the FBI was guilty of ‘‘widespread and leads can often form the basis for initi- to work. It is a valuable tool for our serious misuse’’ of the national secu- ating investigations that can be used rity letter’s authority and failed to re- law enforcement. to neutralize criminal or terrorist ac- Let me speak also about amendment port these abuses to Congress and the tivities. No. 363, which is Senator PAUL’s White House. The problem with this amendment is amendment concerning firearms The inspector general reported that that it would require the government the number of national security letter records. Simply put, this amendment to look into a crystal ball in order to requests has increased exponentially would make it more difficult for na- figure out when they should request a from about 8,500 the year before enact- tional security investigators to prevent SAR. With this logic, we should only ment of the PATRIOT Act to an aver- an act of terrorism inside the United allow law enforcement to act on an age of more than 47,000 per year, and States. The amendment would prohibit anonymous tip unless they ask for the even these numbers were significantly the use of a FISA business records tip to be reported first. If a law en- understated. court order to obtain firearms records We can be safe and free. I think it is forcement or intelligence officer in the possession of a licensed firearms important that the measure that doesn’t get a tip about suspicious ac- importer, manufacturer, or dealer. In- passed the Senate Judiciary Com- tivity, how in the world is he going to stead, national security investigators mittee should have been on the Senate know when it occurred in the first could only obtain such records through floor. It included an amendment which place? The answer here is simple: They a Federal grand jury subpoena during I offered with Senator LEAHY and other will likely never know it occurred until the course of a criminal investigation provisions which I think are an im- the criminal activity has occurred, and or with a search warrant issued by a provement over the current bill before maybe it will even go undetected. Federal magistrate upon a showing of us. Look, for example, at the 9/11 hijack- reasonable cause to believe that a vio- I will say one quick word about the ers. There was a minimum of 12 to 13 of lation of Federal firearms laws has oc- amendment by Senator PAUL. I do not those individuals who came into and curred. That might not always be pos- believe it is in our Nation’s best inter- out of the United States over a period sible. ests to exempt gun records from ter- of time. Money was transferred to and For example, before MAJ Nidal rorist investigations. For goodness’ from those individuals over a period of Hasan began his deadly assault against sake, when we are dealing with peo- time. Under the requirements pre-PA- innocent military and civilian per- ple—terrorists using guns—searching TRIOT Act, there was no suspicious ac- sonnel at Fort Hood, TX, in November the records to make certain that we tivity detected. But after the enact- 2009, there was no evidence that he had know the source of those guns and ment of the PATRIOT Act, there would violated any criminal or Federal fire- whether there are any other threats to be reason now for any financial institu- arms laws. Thus, the FBI could not this Nation is reasonable to do. tion to suspect the potential for sus- have relied on title 18 to obtain infor- These should not be so sacred and picious activity from those transfers of mation about Hasan’s purchase of the sacrosanct that we do not ask the hard moneys. firearms used in the attack. questions when our Nation’s security is That is exactly why we did what we As we have since learned, however, at risk. I would agree with him that we did in the PATRIOT Act, and that is there was likely enough intelligence ought to make certain there is a con- one of the reasons why we have not information to open a preliminary in- nection between that request for gun seen a subsequent direct attack on U.S. vestigation on Hasan because of his record information and a suspected ter- soil from individuals who had been in contacts with a known al-Qaida mem- rorist or spy. But to say these records the United States and have received ber in Yemen, and seek a section 215 cannot be asked for under the PA- money through transfers, or whatever order for information about his gun TRIOT Act goes too far. That is why I it may be. Let’s don’t forget that sec- purchases. I don’t understand why we will oppose his amendment. tion 215 business records cannot be ob- would take this tool away from na- I yield the floor. tained in an arbitrary manner. There tional security investigators, espe- The PRESIDING OFFICER. The Sen- has to be, first of all, a determination cially, here again, where there has been ator from Georgia is recognized. that there is some international con- no indication of any abuse of this au- Mr. CHAMBLISS. I rise to speak in nection between the individual whose thority with respect to firearms or opposition to Amendment No. 365, Sen- account has been deemed suspicious by other sensitive records.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3396 CONGRESSIONAL RECORD — SENATE May 26, 2011 Congress has conducted extensive and intrusive compilation of firearms-re- timately passed, S. 193, which forms oversight of the PATRIOT Act and lated records by several Federal agencies, the core of the Leahy-Paul amendment FISA authority, and there have been and will continue to protect the privacy of of which I am a cosponsor. We put no reports of any widespread abuse or our members and all American gun owners. those provisions before this Chamber. I While well-intentioned, the language of misuse, and no reports that the govern- this amendment, as currently drafted, raises am disappointed we don’t have consent ment has ever used these authorities to potential problems for gun owners, in that it to move forward in order to have time violate second amendment rights. encourages the government to use provisions to debate these reforms to the PA- Moreover, the protections detailed in in current law that allow access to firearms TRIOT Act. As Americans, the choice section 215 ensure that second amend- records without reasonable cause, warrant, between liberty and safety is not one ment rights are fully respected in the or judicial oversight of any kind. Based on or the other. We expect and demand use of this authority. Unlike in crimi- these concerns, and the fact that the NRA both. Balancing the two responsibly re- nal investigations where a Federal does not ordinarily take positions on proce- quires careful consideration to each. grand jury may issue a subpoena for dural votes, we have no position on a motion to table amendment No. 363. We must be cognizant of our Nation’s firearms records, any request for very real enemies who intend to do us records under section 215 must first be For those reasons, I intend to vote harm, just as they did on September 11. approved by the Foreign Intelligence against both of these amendments. It was awareness of this danger in the Surveillance Court. As with all other While I appreciate the intent and the world that motivated this Congress, as section 215 records, the court must find emotion with which my friend Senator we have heard in previous speeches, to that such records are relevant to an PAUL comes to the floor to advocate, enact the PATRIOT Act, nearly 10 authorized national security investiga- we need to make sure we get these ex- years ago now, in the wake of those at- tion. This means the FBI cannot use tensions in place immediately, so we tacks. A grave new threat called for this authority in a domestic terrorism have no gap in the coverage available bold new authorities. Though I was not investigation, nor can the FBI ran- to our intelligence community, and then in the Senate, I likely too would domly decide to see whether an ordi- that we continue to give them the have voted for its passage. nary citizen or even a vocal advocate of tools they need to protect America and But this body’s passage of that act the second amendment owns a firearm. protect Americans. did not amount to a permanent choice There are two additional oversight The PRESIDING OFFICER. The Sen- of security over liberty. Because of the safeguards that are built into the sec- ator from Delaware is recognized. broad scope of the new authorities in tion 215 process. First, each request for Mr. COONS. Madam President, I ask the PATRIOT Act, the bipartisan these sensitive records by the FBI can unanimous consent that the Senate drafters of the bill insisted upon plac- only be approved by one of three high- proceed to the consideration of S. 1114, ing key sunset provisions in the bill to level FBI officials—the Director, the a short-term one-month PATRIOT Act ensure that Congress periodically re- Deputy Director, or the Executive As- sunset extension bill, which is cur- viewed how they were being used and sistant Director for National Security. rently at the desk; that the bill be read assessed whether they were still essen- Second, there are also specific re- the third time, and passed; that the tial to our security. porting requirements that are designed motion to reconsider be laid upon the Even in the unnerving weeks after to keep Congress informed about the table, with no intervening action or de- 9/11—an extraordinary time in the his- number of orders issued for these types bate. tory of this Congress and this Nation— of sensitive records. The PRESIDING OFFICER. Is there the authors of the PATRIOT Act knew One of the big lessons we learned objection? that the powers they were granting after the 9/11 terrorist attacks was that Mr. CHAMBLISS. I object. needed to be monitored. we needed to make sure national secu- The PRESIDING OFFICER. Objec- Sunsets are critical to ensuring that rity investigators had access to inves- tion is heard. the PATRIOT authorities are not tigative tools similar to those that Mr. COONS. I am disappointed my abused by the government. They are have long been available to law en- unanimous consent request was not critical. forcement. Section 215 of the PATRIOT agreed to. I wish to explain my action It’s because of sunsets that every 4 Act addresses that need. It provides an here today. The comments I am about years, the FBI must return to Congress alternative way to obtain business to give are an explanation of a vote I and justify its use of the PATRIOT Act records, including firearms records, in intended to take later today. overall and three provisions in par- situations where there may be a na- As Senator CHAMBLISS said just be- ticular: the roving wiretap, the lone tional security threat but not yet a fore me, the powers of the PATRIOT wolf authority, and § 215 orders, which criminal investigation or violation. Act are too important for us to risk allow the government to demand vir- I have long been a strong supporter their expiration as this body considers tually any document or other evidence of the second amendment. There is no- whether to amend them or revise them. pertaining to an individual from a body in this body who has a better vot- I could not agree more. third party. ing record on the second amendment I offered a 1-month extension in order Sunsets only work, however, if we in than I do. Probably nobody here owns that this body may take the time that Congress have the innate courage to as many guns as I own, but I use them is needed and deserved to seriously de- ask the difficult questions when they for legal and lawful purposes. I will bate and conduct oversight over the arise. If, instead, Congress shies away work with the National Rifle Associa- PATRIOT Act. This is a significant from the tough debate and simply ex- tion and any citizen group to make piece of national security legislation tends the sunsets for another 4 years, sure that neither this law nor any Fed- that I believe is worthy of further con- we surrender our responsibility to con- eral law is misused to infringe on the sideration and debate. sider whether specific provisions second amendment rights of any law- Law enforcement agencies—Federal, should be amended, reauthorized, or al- abiding citizen. But this particular State, and local—work day in and day lowed to expire. amendment would harm legitimate na- out to protect all of us from real If the proposed 4-year extension tional security investigations. threats that go largely unknown and passes without amendment, it will I want to take a minute to read a let- unnoticed by most Americans. I want have been 9 years before Congress votes ter I received from Chris Cox, execu- law enforcement to have all the appro- on reforms to PATRIOT—9 years. tive director of the National Rifle As- priate tools in their toolbox to accom- What is the point of having sunsets sociation: plish this goal. in this bill if we are going to ignore our DEAR SENATOR CHAMBLISS: Thank you for Unfortunately, there are also, in my oversight responsibilities? asking about the National Rifle Associa- view, legitimate concerns about the Regretfully, I cannot support any tion’s position on a motion to table amend- legislation on which we are about to measure that extends controversial and ment No. 363 to the PATRIOT Act. The NRA takes a back seat to no one when it comes to vote—concerns that my colleagues and searching PATRIOT authorities until protecting gun owners’ rights against gov- I, including the occupant of the chair, 2015 if this body does not first consider ernment abuse. Over the past three decades, on the Judiciary Committee, reviewed whether the act is in need of amend- we fought successfully to block unnecessary and addressed in detail, and in a bill ul- ment. And so I must.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3397 The Judiciary Committee did exactly sent a letter to Congress expressing the The FBI includes SAR data in its In- what it is supposed to do and has view that legislation almost identical vestigative Data Warehouse to iden- worked for months on improving the to Leahy-Paul ‘‘strikes the right bal- tify: PATRIOT Act ahead of this deadline. It ance by both reauthorizing these essen- financial patterns associated with money was a difficult, bipartisan debate but tial national security tools and en- laundering, bank fraud, and other aberrant the bill we produced is strong and de- hancing statutory protections for civil financial activities. served to be considered by the full liberties and privacy in the exercise of Second, Organized Crime Drug En- these and related authorities.’’ body. Chairman LEAHY deserves credit forcement Task Force’s Fusion Center These reforms make our Nation more for crafting a set of commonsense, re- combines SAR data with other data to: sponsible amendments. secure because they strengthen our In each of the last two Congresses, place in the world as the cradle of lib- produce comprehensive integrated intel- the Judiciary Committee reported a bi- erty. ligence products and charts. partisan PATRIOT reauthorization I don’t want to repeal the PATRIOT Third, the IRS uses SARs to identify: bill. In each case, the bills would have Act, but at this moment we have a financial crimes, including individual and made important revisions to PATRIOT choice, and a chance—our last chance corporate tax frauds and terrorist activities. for 4 years—we can push forward with a without compromising national secu- We received a letter just today from rity. Also in each case, the bills were bill that does nothing to improve PA- TRIOT—nothing to factor in every- the Attorney General of the United reported out in plenty of time for this States strongly opposing this amend- full body to consider them. In each thing that is changed in the last 5 years, or we can vote down this long- ment of Senator PAUL, and this is what case, no floor action was taken until the Attorney General says: such a late hour that meaningful de- term extension, vote for a short-term bate over the expiring provisions has extension and move to debate of the re- SARs are a critical tool for our national security and law enforcement professionals. been precluded. forms that the Judiciary Committee has already worked up. SARs are used to alert intelligence and law The Judiciary-reported bill, S. 193, enforcement personnel to issues that war- which forms the basis of the Leahy- The PATRIOT Act is important to our national security, but I cannot sup- rant further investigation and scrutiny. The Paul amendment, deserves consider- purpose of the SAR regime is to require fi- ation. It deserves consideration be- port the abdication of Congress’s role nancial institutions to report on suspicious cause our serious consideration of re- in strengthening it. activities based on information that is solely If I might, in summation, simply say forms sends the strong message that within their possession. Prior to the filing of this: If we were today to pass a 4-year the PATRIOT authorities are not a a SAR, our law enforcement and intelligence extension, without amendment or revi- blank check, that we in Congress are analysts often are not aware that a par- sion, it will have been 9 years that Con- ticular bank account or individual may be watching closely to make sure that the gress does not act in any substantive associated with criminal activity or may be use of PATRIOT is consistent with our way on the amendments. I join Senator engaged in activities that pose a threat to shared national respect for individual LEAHY in intending to vote ‘‘no’’ today, national security, such as the funding of ter- liberty and freedom. not because I believe the PATRIOT Act rorist activities. The Leahy-Paul amendment also de- is fundamentally flawed or because I Then the Attorney General goes on: serves consideration because the last 5 believe the United States doesn’t face years have shown us that substantive Conditioning the filing of SARs upon a re- real enemies, but because I think this revisions to PATRIOT are called-for quest from law enforcement would under- Congress has not taken seriously its mine this purpose. By definition, SARs are and, indeed, necessary. I would like to very real oversight responsibilities, its designed to alert law enforcement to infor- speak briefly about just one necessary need to strike that balance. The Judi- mation not otherwise within its possession. change, those to the national security ciary Committee did that hard work. The Paul amendment, No. 365, is very letter program. For this Congress to not amend this National security letters, or NSLs short, but what it does is say you must bill with the simple balanced and rea- are administrative subpoenas that have a request of an appropriate law sonable amendment offered in the allow the government to demand sub- enforcement agency for the report be- Leahy-Paul amendment, I believe I am fore there is a requirement to file a scriber information from third parties compelled to strike the balance be- without even having to go to a judge. suspicious activity report. As the At- tween security and liberty on the side torney General points out in his letter, These orders are also extraordinary in of liberty today, by saying this body that they prohibit recipients from tell- that would totally undermine the pur- has failed to act and to appropriately pose of the SAR requirement. ing anyone of their existence. conduct thorough oversight of this bill In 2007 and 2008, the Department of Finally, the Attorney General points before we send it 4 years into the fu- out the following: Justice inspector general found mas- ture. sive abuses in the NSL Program, with I yield the floor. How much time do I have remaining, tens of thousands of NSLs issued for Mr. LEVIN. Madam President, how Madam President? purposes that had nothing to do with much time is left? The PRESIDING OFFICER. The Sen- national security. Further, in 2008, a The PRESIDING OFFICER. There is ator has 2 minutes 12 seconds. court found that the gag order in each 51⁄2 minutes. Mr. LEVIN. I thank the Chair. NSL was unconstitutional. Mr. LEVIN. I thank the Chair. The Attorney General further points Plainly, NSLs are in need of revision, Madam President, I rise in opposition out: both to bring them in line with the to the amendment of Senator PAUL, Constitution and to guard against No. 365. This amendment would effec- It is also important to note that SARs themselves are confidential under law (i.e., abuses that have nothing to do with tively wipe out a critical tool used not available to the public) and cannot be national security. I support legislation against terrorists and drug traffickers. used as evidence. They contain information that would require that DOJ maintain I want to explain exactly what these that, if used by law enforcement personnel, sufficient internal guidelines to ensure suspicious activities reports are and must be further investigated and proven be- that NSLs are only issued when the why they are so essential to the FBI fore adverse action is taken. The reports are agents issuing them state facts that and other law enforcement people. only made available to law enforcement, in- show relevance to national security. I First of all, who uses them? FBI, or- telligence, and appropriate supervisory agen- also favor amending the gag order so ganized crime units, drug trafficking cies under applicable authorities and are subject to the protections of Federal law. that any recipient can immediately task forces, border security, Secret challenge it in court. Service, State and local police, and the Madam President, I ask unanimous These simple reforms as well as the intelligence community all use these consent to have printed in the RECORD others contained in the Leahy-Paul SARs. Second, what are they used for? a copy of the letter from the Attorney amendment, do not make our Nation There was a report from the GAO in General. more vulnerable to attack. That is 2009 which said the following: How are There being no objection, the mate- why, in 2010, the Attorney General and SARs used? They gave a number of ex- rial was ordered to be printed in the the Director of National Intelligence amples: RECORD, as follows:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3398 CONGRESSIONAL RECORD — SENATE May 26, 2011 OFFICE OF THE vestigating and prosecuting terrorism, pecially in a context where there is no ATTORNEY GENERAL, major money laundering offenses, and serious claim that these legal authori- Washington, DC, May 26, 2011. other serious crimes. ties have been misused. Hon. HARRY REID, The Bank Secrecy Act authorizes How does the system work now, as a Hon. MITCH MCCONNELL, U.S. Senate, Washington, DC. Treasury to require financial institu- practical matter? Let’s say a drug deal- DEAR LEADERS REID AND MCCONNELL: I un- tions to report suspicious activity to er comes into a bank with $9,000 in derstand that Senator Paul may offer an law enforcement. In response, the cash and the cash reeks of marijuana. amendment today to S. 990 which would Treasury Department has created an Under current law, the teller is trained modify Section 5318(g)(1) of Title 31, United extensive and effective system for to flag that transaction, and compli- States Code, to allow for the issuance of Sus- banks, casinos, securities firms, money ance officers in the bank’s back office picious Activity Reports (‘‘SARs’’) by finan- service businesses, and other financial would assess it and likely file a SAR, cial institutions ‘‘only upon request of an ap- institutions to file SARs that are regu- to be examined by law enforcement. propriate law enforcement agency. . . .’’ I Let’s say that the same person does write to express the Department’s serious larly reviewed by law enforcement. concerns about such an amendment. SARs are used by the FBI, organized this in four or five banks in town that SARs are a critical tool for our national crime units, drug trafficking task same afternoon, with the same security and law enforcement professionals. forces, border security, Secret Service, amounts, structured to be just below SARs are used to alert intelligence and law State and local police, and more. They reporting limits, reeking of marijuana. enforcement personnel to issues that war- have enabled the prosecution of a great Now he is effectively laundered almost rant further investigation and scrutiny. The number of serious crimes over the $50,000 in one day. I would say we at purpose of the SAR regime is to require fi- least want to know about that, and the nancial institutions to report on suspicious years. activities based on information that is solely Law enforcement agencies use SAR system now enables that. Under this within their possession. Prior to the filing of data daily to fight terrorist financing, amendment, that would all go by the a SAR, our law enforcement and intelligence money laundering, drug trafficking, boards. analysts often are not aware that a par- corruption, financial fraud, mortgage Let’s say the person is a terrorist ticular bank account or individual may be fraud, and illicit money flows of all conspirator or arms proliferator. Same associated with criminal activity or may be types. A 2009 GAO report gave these ex- scenario, only this time with a twist— engaged in activities that pose a threat to amples of how SARs are used: a series of large structured cash depos- national security, such as the funding of ter- FBI includes SAR data in its Investigative its in a series of banks here on the rorist activities. same day, that are then the next day Conditioning the filing of SARs upon a re- Data Warehouse to identify ‘‘financial pat- quest from law enforcement would under- terns associated with money laundering, wired to the same overseas account in mine this purpose. By definition, SARs are bank fraud, and other aberrant financial ac- Pakistan or Afghanistan or Iraq, with- designed to alert law enforcement to infor- tivities.’’ It uses SAR data to investigate drawn by a coconspirator there, and mation not otherwise within its possession. ‘‘criminal, terrorist, and intelligence net- used to buy IEDs to hit U.S. troops. By placing the onus on law enforcement to works.’’ Would we not want those trans- request information—about which it is un- The Organized Crime Drug Enforcement actions at least flagged by responsible aware—this amendment would take away Task Force’s Fusion Center combines SAR data with other data to ‘‘produce comprehen- bank officials and assessed for pat- from law enforcement a critical building terns? I think so, and I think my col- block of financial investigations and ter- sive integrated intelligence products and rorist financing intelligence. In this way, the charts.’’ leagues will agree. proposed amendment would severely under- The IRS uses SARs to identify ‘‘financial If the thresholds in this amendment mine the usefulness of the SAR regime, and crimes, including individual and corporate were implemented, very few SARs eliminate an effective tool in the fight tax frauds, and terrorist activity.’’ would be filed because there would be against financial fraud and, critically, ter- The Secret Service uses SAR data to ‘‘map no reason for law enforcement to re- rorism. and track trends in financial crimes.’’ quest that SARs be filed after identi- It is also important to note that SARs Sharply restricting current law and fying suspicious activity by other themselves are confidential under law (i.e., longstanding practice, this amendment means. Law enforcement would instead not available to the public) and cannot be would only authorize the reporting of obtain a search warrant to obtain all used as evidence. They contain information SARs after a law enforcement agency that, if used by law enforcement personnel, relevant information—i.e., the under- must be further investigated and proven be- makes a specific request of a bank, lying bank records—from the financial fore adverse action is taken. The reports are money service business, or other enti- institution. only made available to law enforcement, in- ty, which would in turn require a dem- The amendment would also cause the telligence, and appropriate supervisory agen- onstration that suspicious activity al- United States to be in noncompliance cies under applicable authorities and are ready exists, rendering a SARS filing with international anti-money laun- subject to the protections of Federal law. moot. dering and terrorist financing stand- In sum, the current SARs regime is critical It would basically turn SARs report- ards—for instance, the recommenda- to our national security and law enforce- ing upside down by requiring law en- ment activities, while also respectful of the tions of the Financial Action Task privacy interests of Americans. forcement to establish the basis for an Force, FATF, which require suspicious For these reasons, I urge that the amend- investigation before requesting a SAR, activity reporting when a financial in- ment not be adopted. rather than relying upon a SAR to ini- stitution has reasonable grounds to Sincerely, tiate or supplement an investigation suspect criminal activity. ERIC H. HOLDER, Jr., that would then lead to a search war- This is a very serious problem. For Attorney General. rant or subpoena. years other countries have looked to us Mr. LEVIN. Madam President, the So instead of being used as leads, for guidance and best practices on Paul amendment would throw out the flagging drug or terrorism-related or these issues. This amendment would window a legitimate and useful law en- money laundering activity for law en- make the United States an outlier forcement tool. It has worked effec- forcement, under the amendment bank secrecy jurisdiction. tively. Three courts have said it is con- SARSs would simply confirm sus- SARs themselves do not unreason- stitutional. I hope the Paul amend- picious activity. That would severely ably impinge on personal privacy. The ment is tabled, and I thank the Pre- degrade their value, which is to make reports are confidential and cannot be siding Officer. law enforcement aware of potential used as evidence. They contain allega- Mr. JOHNSON of South Dakota. criminal activity. tions that must be further investigated Madam President, suspicious activity If the United States were to disable and proven before adverse action is reports, or SARs, are just what they its SAR reporting system by requiring taken by law enforcement. seem—reports by banks and other fi- individual requests for SAR reports, it The reports are only made available nancial institutions when they come would invite the worst of criminals to to law enforcement, intelligence, and across obviously suspicious activity by misuse U.S. financial institutions for appropriate supervisory agencies under one of their customers. They have their schemes, knowing their activities applicable authorities and are subject been, and continue to be, valuable lead would not automatically be reported to to the protections of the Federal Pri- information for law enforcement in in- law enforcement. It makes no sense, es- vacy Act.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3399 I urge my colleagues to oppose this would read as they did before the PA- Act, in order to obtain firearms unwise and ill-conceived amendment. TRIOT Act was passed in 2001. That records, investigators must first go Mr. UDALL of New Mexico. Mr. means they would not be revoked com- through a rigorous application process President, today’s vote to extend expir- pletely but instead would be more lim- and then seek a Federal judge’s ap- ing provisions of the so-called PA- ited in scope. And what would happen proval. Senator PAUL’s amendment TRIOT Act is not the first time Con- if the ‘‘lone wolf’’ provision expired? would remove this judicial review. gress has extended the sunset provi- Not much. In the 7 years since its en- If Senator PAUL’s amendment be- sions, nor will it be the last. In 2006, actment, it is never been used. came law and removed judicial review, the USA PATRIOT Improvement and Even if the provisions expire, they investigators would then use a grand Reauthorization Act was passed and, contain exceptions for ongoing inves- jury subpoena in order to obtain the among other things, extended until De- tigations, and the government can con- records. A grand jury subpoena is a cember 2009 the three provisions we are tinue to use those provisions beyond process that has neither a rigorous ap- discussing today. When those provi- the sunset date. This is what a recent proval process, nor judicial review. sions were set to expire, a 3-month ex- CRS report says about this: Thus, Senator PAUL’s amendment, tension was included in the Depart- A grandfather clause applies to each of the while intending to protect second ment of Defense Appropriations Act. three provisions. The grandfather clauses au- amendment rights, actually backfires Three months later, Congress passed a thorize the continued effect of the amend- in that effort. 1-year extension until February 2011. ments with respect to investigations that First, let’s talk about the rigorous As that deadline loomed, and without began, or potential offenses that took place, approval process that controls whether sufficient time to have a real debate, before the provision’s sunset date. Thus, for firearms records can be obtained under example, if a non-U.S. person were engaged we passed the extension that expires at in international terrorism before the sunset the PATRIOT Act. And remember, this midnight tonight. date of May 27, 2011, he would still be consid- process does not exist under criminal Immediately after the terrorist at- ered a ‘‘lone wolf’’ for FISA court orders law when using a grand jury subpoena. tacks of 9/11, it may have been under- sought after the provision has expired. Simi- To obtain gun records under the PA- standable that our emotions made it larly, if an individual is engaged in inter- TRIOT Act, a section 215 order is used. unlikely that we would have a ration- national terrorism before that date, he may The use of section 215 orders has been ale and deliberative debate about the be the target of a roving wiretap under FISA reviewed by the Department of Justice PATRIOT Act. But at the time, as I even after authority for new roving wiretaps Office of Inspector General, which has expired. voted against the bill, I said on the issued a report in March 2007 that out- House floor that ‘‘the saving grace here Those are pretty broad exceptions, lined the existing process; that is, the is that the sunset provision forces us to and I am fairly confident that our abil- 10 layers of review before it is even come back and to look at these issues ity to protect the Nation would con- sent to a Federal judge are as follows: again when heads are cooler and when tinue even if the three provisions ex- No. 1, the FBI field agent. we are not in the heat of battle.’’ pire. So let’s put the hyperbole aside No. 2, the FBI field office supervisor. But that hasn’t happened. Each time and not stoke irrational fears for polit- No. 3, the field office’s Special Agent a sunset date nears, we hear a lot of ical expediency. in Charge. highly charged rhetoric from Members I am very disappointed that we No. 4, the field office’s District Coun- in both parties and in both Chambers couldn’t have a candid debate and an sel. of Congress about how devastating it opportunity to vote on several amend- No. 5, it is then forwarded to FBI will be to our national security if we ments. With a decade of hindsight, headquarters, where it is reviewed by a let the PATRIOT Act expire. I find this more voices from very different places National Security Law Branch lawyer. to be deeply disturbing because it dem- on the political spectrum agree that No. 6, the National Security Law onstrates that 10 years after the at- the entire law bears scrutiny and de- Branch Supervisor. tacks on 9/11 we are still using fear to bate. We should no longer neglect our No. 7, the request is then sent to the prevent an open and honest debate. duty to review the full scope of a law Department of Justice’s Office of Intel- Let’s put this rhetoric aside and dis- with such serious constitutional chal- ligence for review by a lawyer. cuss the facts. First, the PATRIOT Act lenges before rushing to reauthorize it, No. 8, if the request survives these is not about to expire. Three provisions again. seven approvals, the request is sent of the law are set to expire, but the Mr. GRASSLEY. Madam President, I back to the field office for an accuracy vast majority of the authorities con- support a clean reauthorization of the review. tained in the law will remain un- expiring provisions of the USA PA- No. 9, the request is then approved by changed. TRIOT Act and against Senator PAUL’s an Office of Intelligence supervisor. Two of the expiring provisions were amendment on firearms records. Over No. 10, then one of the three highest enacted as part of the PATRIOT Act. the years, I have always supported and ranking officials in the FBI must per- Section 206 of the act amended FISA to defended the second amendment. I have sonally approve the request, either the permit multipoint, or ‘‘roving,’’ wire- consistently voted to ensure that the Director, the Deputy Director, or the taps. Section 215 enlarged the scope of Federal Government does not limit the Executive Assistant Director for Na- materials that could be sought under constitutional rights of the millions of tional Security. FISA to include ‘‘any tangible thing.’’ American gun owners. I cannot support After approval by the field office, the It also lowered the standard required the amendment offered today by Sen- FBI’s National Security Law Branch, before a court order may be issued to ator PAUL because it will damage the the DOJ’s Office of Intelligence, the compel their production. The third pro- prospects of ensuring that critical na- field office again, and finally by one of vision was enacted in 2004 as part of tional security laws are not reauthor- the three highest officials of the FBI, the Intelligence Reform and Terrorism ized and could potentially hurt the sec- then an Office of Intelligence lawyer Prevention Act, IRTPA. This provision ond amendment rights of American presents the application package to the changed the rules regarding the types citizens. In fact, the National Rifle As- court for approval. of individuals who may be targets of sociation said today in a vote alert, A federally appointed district judge, FISA-authorized searches. Also known ‘‘While well-intentioned, the language serving on the Foreign Intelligence as the ‘‘lone wolf’’ provision, it permits of this amendment as currently drafted Surveillance Court, FISA, reviews the surveillance of non-U.S. persons en- raises potential problems for gun own- request and holds a hearing. At this gaged in international terrorism with- ers, in that it encourages the govern- hearing, the court can ask questions out requiring evidence linking those ment to use provisions in current law and make any changes the independent persons to an identifiable foreign power that allow access to firearms records judge deems appropriate. If approved, or terrorist organization. without reasonable cause, warrant or the signed order is then returned to the Let’s also be clear about what would judicial oversight of any kind.’’ FBI field office to be served by the happen if these provisions did expire. Senator PAUL’s amendment actually agent. The two provisions from the PATRIOT removes protections from firearms This is a very long process, and it Act that amended FISA authorities owners. Currently, under the PATRIOT takes, on average, over 140 days to get

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3400 CONGRESSIONAL RECORD — SENATE May 26, 2011 a section 215 order. It requires 11 sepa- That means it is more difficult to ob- intent that this bill reauthorizes the rate approvals before any records could tain records with a section 215 order in authorities in their current form and be obtained. Yet Senator PAUL’s a national security case than it is in a does so until June 2015. amendment will completely eliminate less serious criminal case with a grand How much time remains, Madam this investigative tool. A section 215 jury subpoena. President? order provides greater protections of I don’t know why we insist on mak- The PRESIDING OFFICER. There is second amendment rights than the al- ing it harder to investigate acts of ter- 1 minute 22 seconds. ternative, which is a grand jury sub- rorism than to investigate fraud and il- Mr. REID. Who controls that time? poena as part of a criminal investiga- legal drugs. The PRESIDING OFFICER. The time tion. Section 215 orders offer more protec- is controlled by the majority, and the The alternative method of obtaining tion than what the Constitution re- Senator from Kentucky controls 2 min- firearms records is a grand jury sub- quires. The Supreme Court, in U.S. v. utes 22 seconds. poena. It is rarely used as an alter- Miller, has held that business records, Mr. PAUL. Madam President, I am native in the national security context. such as banking deposit slips or car happy to yield back the remainder of First, investigators must have a crimi- rental records or firearms records, are my time. nal nexus before it can seek a grand not subject to fourth amendment pro- Mr. REID. I yield back the majority jury subpoena. This means there must tections because the customer has no time. be either criminal activity or a Federal reasonable expectation of privacy in AMENDMENTS NOS. 363 AND 365 TO AMENDMENT firearms violation. Sometimes, when documents that are in the possession of NO. 347 investigating terrorism, no criminal third parties. Mr. REID. Madam President, I move nexus exists. Senator PAUL’s amend- The constitutional argument that a to table the pending amendment, and I ment would prevent obtaining gun section 215 order is an unreasonable ask for the yeas and nays. records in foreign intelligence inves- search in violation of the fourth The PRESIDING OFFICER. The tigations that have no criminal nexus. amendment is completely contrary to clerk will report the amendments en More often, a suspected terrorist what the Supreme Court has been say- bloc. comes across our radar long before he ing for over 35 years. Thus, section 215 The legislative clerk read as follows: ever does anything that would rise to orders offer greater protection than The Senator from Kentucky [Mr. PAUL] the level of a criminal violation. Sen- what the Constitution requires. proposes en bloc amendments numbered 363 ator PAUL’s amendment would mean There are no reported abuses of sec- and 365. that the FBI could not get information tion 215 orders. And if this tool was The amendments are as follows: that a suspected terrorist is legally being abused, people know that I would AMENDMENT NO. 363 buying firearms until after he actually be eager to hold investigators account- (Purpose: To clarify that the authority to takes the shot or does something else able. obtain information under the USA PA- criminal. At this point, it is too late to In fact, I will pledge to work with all TRIOT Act and subsequent reauthoriza- prevent an act of terrorism from occur- groups and supporters of the second tions does not include authority to obtain ring. amendment, such as the National Rifle certain firearms records) It does not make any sense to allow Association, to ensure that PATRIOT At the appropriate place, insert the fol- criminal investigators access to fire- Act authorities are not used to cir- lowing: arms records but prohibit terrorism in- cumvent existing prohibitions on ob- SEC. ll. FIREARMS RECORDS. vestigators the same access. That sce- taining U.S. citizen gun records. I sup- Nothing in the USA PATRIOT Act (Public Law 107–56; 115 Stat. 272), the USA PATRIOT port the goal Senator PAUL is trying to nario is why we in Congress acted to Improvement and Reauthorization Act of amend the law following 9/11. This is achieve, namely protecting the con- 2005 (Public Law 109–177; 120 Stat. 192), the simply another attempt to rebuild ‘‘the stitutional rights of all gun owners. USA PATRIOT Act Additional Reauthor- wall’’ between intelligence and crimi- However, his amendment goes too far. izing Amendments Act of 2006 (Public Law nal law that caused the failure con- I urge my colleagues to oppose 109–178; 120 Stat. 278), or an amendment made necting the dots prior to 9/11. amendment 363 and support a clean ex- by any such Act shall authorize the inves- Remember, these sorts of records are tension of the expiring PATRIOT Act tigation or procurement of firearms records crucial to the early stages of a terror authorities. which is not authorized under chapter 44 of investigation. It allows the govern- Mr. REID. Madam President, al- title 18, United States Code ment to connect the dots. This author- though the PATRIOT Act is not a per- AMENDMENT NO. 365 ity can only be used with prior ap- fect law, it provides our intelligence (Purpose: To limit suspicious activity re- proval from a Senate-confirmed, life- and law enforcement communities with porting requirements to requests from law crucial tools to keep our homeland safe enforcement agencies, and for other pur- time-appointed, independent, article 3, poses) Federal district court judge. I am not and thwart terrorism. While I am dis- appointed we were not able to include At the appropriate place, insert the fol- sure how many more times I need to lowing: any of the sensible oversight and civil repeat the fact, that records are only SEC. ll. SUSPICIOUS ACTIVITY REPORTS. provided after judicial review. liberties protections included in the Section 5318(g)(1) of title 31, United States Those who claim that there are no bill reported by the Judiciary Com- Code, is amended by inserting before the pe- controls have not read or have not un- mittee with bipartisan support, I riod at the end the following: ‘‘, but only derstood the law. strongly support the Senate’s effort to upon request of an appropriate law enforce- I trust an independent judge who can, ensure that these important authori- ment agency to such institution or person and will, say no if legal requirements ties do not expire. for such report’’. are not met, if a request appears to The raid that killed Osama bin Laden Mr. REID. Madam President, I move over-reach, or if the law does not allow also yielded an enormous amount of to table amendment No. 363 and ask for it. new information that has spurred doz- the yeas and nays. Judicial review is one very important ens of investigations yielding new leads The PRESIDING OFFICER. Is there a safeguard in place every time a section every day. Without the PATRIOT Act, sufficient second? 215 order is requested, which is the tool investigators would not have the tools There appears to be a sufficient sec- to request firearms records. This safe- they need to follow these new leads and ond. guard is over and above those that disrupt terrorist plots, putting our na- The question is on agreeing to the exist in criminal cases. A vote for the tional security at risk. motion. Paul amendment is a vote to take Finally, we have worked expedi- Mr. REID. Madam President, I am away this judicial review. tiously to pass this legislation to reau- not sure I was heard earlier. I ask No judge reviews a grand jury sub- thorize these critical intelligence unanimous consent that this vote be 15 poena before it is issued. Yet, in more tools. If for some reason this bill is not minutes and the rest 10 minutes. serious, national security cases, to ob- enacted before May 27 and there is a The PRESIDING OFFICER. Without tain firearms records, a judge must ap- brief lapse in the authorities, there objection, it is so ordered. prove the request and issue an order. should be no doubt that it is Congress’s The clerk will call the roll.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3401 The legislative clerk called the roll. BLUMENTHAL), the Senator from New The PRESIDING OFFICER (Mr. Mr. DURBIN. I announce that the Jersey (Mr. MENENDEZ), and the Sen- FRANKEN). Are there any Senators in Senator from Connecticut (Mr. ator from New York (Mr. SCHUMER) are the Chamber desiring to vote? BLUMENTHAL), the Senator from New necessarily absent. The result was announced—yeas 72, Jersey (Mr. MENENDEZ), and the Sen- I further announce that, if present nays 23, as follows: ator from New York (Mr. SCHUMER) are and voting, the Senator from New Jer- [Rollcall Vote No. 84 Leg.] necessarily absent. sey (Mr. MENENDEZ) and the Senator YEAS—72 I further announce that, if present from New York (Mr. SCHUMER) would and voting, the Senator from New Jer- each vote ‘‘yea.’’ Alexander Gillibrand McCaskill sey (Mr. MENENDEZ) and the Senator Ayotte Graham McConnell Mr. KYL. The following Senators are Barrasso Grassley Mikulski from New York (Mr. SCHUMER) would necessarily absent: the Senator from Bennet Hagan Moran each vote ‘‘yea.’’ Kansas (Mr. ROBERTS) and the Senator Blunt Hatch Nelson (NE) Mr. KYL. The following Senators are from Florida (Mr. RUBIO). Boozman Hoeven Nelson (FL) necessarily absent: the Senator from Boxer Hutchison Portman The PRESIDING OFFICER. Are there Brown (MA) Inhofe Pryor Kansas (Mr. ROBERTS) and the Senator any other Senators in the Chamber de- Burr Inouye Reed from Florida (Mr. RUBIO). siring to vote? Cardin Isakson Reid The PRESIDING OFFICER. Are there The result was announced—yeas 91, Carper Johanns Risch any other Senators in the Chamber de- nays 4, as follows: Casey Johnson (SD) Rockefeller siring to vote? Chambliss Johnson (WI) Sessions The result was announced—yeas 85, [Rollcall Vote No. 83 Leg.] Coats Kerry Shaheen YEAS—91 Coburn Kirk Shelby nays 10, as follows: Cochran Klobuchar Snowe [Rollcall Vote No. 82 Leg.] Akaka Franken Mikulski Collins Kohl Stabenow YEAS—85 Alexander Gillibrand Moran Conrad Kyl Thune Ayotte Graham Murkowski Corker Landrieu Toomey Akaka Gillibrand Merkley Barrasso Grassley Murray Cornyn Levin Vitter Alexander Graham Mikulski Baucus Hagan Nelson (NE) Crapo Lieberman Warner Ayotte Grassley Murkowski Begich Harkin Nelson (FL) DeMint Lugar Webb Begich Hagan Murray Bennet Hatch Portman Enzi Manchin Whitehouse Bennet Harkin Nelson (NE) Bingaman Hoeven Pryor Feinstein McCain Wicker Bingaman Hatch Blunt Hutchison Nelson (FL) Reed Blunt Hoeven Boozman Inhofe NAYS—23 Portman Reid Boozman Hutchison Boxer Inouye Pryor Akaka Franken Murray Boxer Inhofe Brown (MA) Isakson Risch Reed Baucus Harkin Paul Brown (MA) Inouye Brown (OH) Johanns Rockefeller Reid Begich Heller Sanders Brown (OH) Isakson Burr Johnson (SD) Sanders Risch Bingaman Lautenberg Burr Johanns Cantwell Johnson (WI) Sessions Tester Rockefeller Brown (OH) Leahy Cantwell Johnson (SD) Cardin Kerry Shaheen Udall (CO) Sanders Cantwell Lee Cardin Johnson (WI) Carper Kirk Shelby Udall (NM) Sessions Coons Merkley Carper Kerry Casey Klobuchar Snowe Wyden Durbin Murkowski Casey Kirk Shaheen Chambliss Kohl Stabenow Snowe Chambliss Klobuchar Coats Kyl Tester NOT VOTING—5 Coats Kohl Stabenow Coburn Landrieu Thune Blumenthal Roberts Schumer Coburn Kyl Thune Cochran Lautenberg Toomey Menendez Rubio Cochran Landrieu Toomey Collins Leahy Udall (CO) Collins Lautenberg Udall (CO) Conrad Levin Udall (NM) Conrad Leahy The motion was agreed to. Udall (NM) Coons Lieberman Vitter Coons Levin VOTE EXPLANATION Vitter Corker Lugar Warner Corker Lieberman Cornyn Warner Manchin Webb Mr. MENENDEZ. Mr. President, I Cornyn Lugar Crapo McCain Webb Whitehouse was unavoidably detained for rollcall Crapo Manchin Whitehouse Durbin McCaskill Durbin Wicker McCain Wicker Enzi McConnell vote No. 82, a vote on the motion to Feinstein McCaskill Wyden Wyden Feinstein Merkley table the Paul amendment No. 363 re- Franken McConnell NAYS—4 lated to firearm records. Had I been NAYS—10 DeMint Lee present, I would have voted ‘‘yea’’ to Barrasso Heller Shelby Heller Paul the motion to table the amendment. Baucus Lee Tester Mr. President, I was also unavoidably DeMint Moran NOT VOTING—5 detained for rollcall vote No. 83, a vote Enzi Paul Blumenthal Roberts Schumer NOT VOTING—5 Menendez Rubio on the motion to table the Paul amend- ment No. 365 related to suspicious ac- Blumenthal Roberts Schumer The PRESIDING OFFICER. Under Menendez Rubio tivity reports. Had I been present, I the previous order, 60 votes not having would have voted ‘‘yea’’ to the motion The PRESIDING OFFICER. On this been cast in opposition to the motion to table the amendment. vote, the yeas are 85, the nays are 10. to table, the amendment is withdrawn. Mr. President, further I was unavoid- Under the previous order, 60 votes not Under the previous order, amend- ably detained for rollcall vote No. 84, having been cast in opposition to the ment No. 348 is withdrawn. motion to table, the amendment is All postcloture time is yielded back. adoption of the motion to concur in the withdrawn. The question is on agreeing to the House amendment to S. 990 with the The majority leader. motion to concur with amendment No. Reid amendment #347, PATRIOT Act AMENDMENT NO. 365 347 to the House amendment to S. 990. extension. Had I been present, I would Mr. REID. Is amendment No. 365 The yeas and nays have been ordered, have voted ‘‘yea.’’ pending? and the clerk will call the roll. Mr. BLUMENTHAL. Mr. President, I The PRESIDING OFFICER. That is The legislative clerk called the roll. was unavoidably absent during today’s the pending amendment. Mr. DURBIN. I announce that the vote to extend three expiring provi- Mr. REID. Madam President, I move Senator from Connecticut (Mr. sions of the PATRIOT ACT, due to my to table the pending Paul amendment BLUMENTHAL), the Senator from New son’s college graduation. I voted to ex- No. 365, and I ask for the yeas and Jersey (Mr. MENENDEZ), and the Sen- tend these provisions earlier this year nays. ator from New York (Mr. SCHUMER), when this legislation was before the The PRESIDING OFFICER. Is there a are necessarily absent. Senate Judiciary Committee. Had I sufficient second? I further announce that, if present been able to attend today’s vote, I There appears to be a sufficient sec- and voting, the Senator from New Jer- would have voted again with the ma- ond. jority to extend these provisions. The question is on agreeing to the sey (Mr. MENENDEZ) and the Senator motion. from New York (Mr. SCHUMER) would Additionally, I would have voted to The clerk will call the roll. each vote ‘‘yea.’’ table amendment No. 363, which would The assistant legislative clerk called Mr. KYL. The following Senators are have prohibited the use of any PA- the roll. necessarily absent: the Senator from TRIOT Act authorities to investigate Mr. DURBIN. I announce that the Kansas (Mr. ROBERTS) and the senator or procure records relating to firearms. Senator from Connecticut (Mr. from Florida (Mr. RUBIO). I would also have voted to table

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3402 CONGRESSIONAL RECORD — SENATE May 26, 2011 amendment No. 365, which would have is 1 in 5 of our Nation’s heroes who can- visit with one of my true heroes, Ben- sharply curtailed existing rules that not find a job to support their family jamin Netanyahu, who was here and help the Treasury track the financial and who do not have an income to pro- graced us with his presence this week. activities of terrorists. vide the stability that is so critical to Last March, I was in Jerusalem, had The PRESIDING OFFICER. The ma- their transition home. some quality time with him, and we jority leader. That is exactly why earlier this kind of relived the experiences we have Mr. REID. Mr. President, there will month I introduced the Hiring Heroes had in the past when he was Prime be no more votes today. That was the Act of 2011, which is now cosponsored Minister before. That was back in the last vote for this week. We will have a by 17 Senators and has garnered bipar- middle 1990s. I had a chance to talk to vote on the Monday we get back in the tisan support. This legislation will him. As I recall, his concern at that evening at around 5 o’clock. rethink the way we support our men time—what he said at that time—two f and women in uniform when they come major concerns. One is, what is hap- home to look for a job. pening in Iran, and then, of course, MORNING BUSINESS I introduced this critical legislation making sure that the land in Israel Mr. REID. Mr. President, I ask unan- because I have heard firsthand from so right now will stay there. imous consent that the Senate proceed many veterans that we have not done Recently, I had a chance to visit with to a period of morning business until 8 enough to provide them with the sup- him again. I was quite surprised when p.m. tonight, with Senators permitted port they need to find work. he came here and he was met with this to speak for up to 10 minutes each; fur- I have heard from medics who return suggestion that things are going to ther, that Senator MURRAY now be rec- home from treating battlefield wounds change and that maybe we would en- ognized to speak for 4 minutes, and fol- who cannot get certification to be an courage Israel to go back to their 1967 lowing her remarks, Senator INHOFE be EMT or drive an ambulance. I have borders. recognized until 6:15 p.m., Senator heard from veterans who tell me they I can assure you that we will do ev- DURBIN then be recognized for up to 10 no longer write that they are a veteran erything we can to keep that from hap- minutes, and following that Senator on their resume because they fear the pening. I want to make sure we get the COBURN be recognized for up to 45 min- stigma they believe employers attach message out there, that this may be utes. to the invisible wounds of war. President Obama talking, it is not the The PRESIDING OFFICER. Is there These stories are heartbreaking and majority of people in America, as was objection? they are frustrating. But more than witnessed by the 30 standing ovations Mr. REID. I think that may get us anything, they are a reminder that we that Prime Minister Netanyahu got in past 8 o’clock. I have not done the have to act now. his joint speech. math but however long that takes. My legislation will allow our service- It sounded familiar when we are talk- The PRESIDING OFFICER. Without members to capitalize on their service. ing about this, about the land. I re- objection, it is so ordered. For the first time, it will require broad membered that it was 10 years ago—10 The Senator from Washington. job skills training for anyone leaving years ago right now, 2001—that I made f the military as part of the military’s a speech, and it jogged my memory when I heard the President talking MEMORIAL DAY Transition Assistance Program. Today, over one-third of those leaving the about going back to the 1967 borders. Mrs. MURRAY. Mr. President, I come Army do not get any of that training. So I dug up that speech. I found it, and to the floor to honor and commemorate My bill will also require the Depart- I found that it is so appropriate today. the men and women who died fighting ment of Labor to take a hard look at This was a speech, by the way—the for our great country. what military skills and training research done for this speech was done Memorial Day is a day to honor those should be translatable into the civilian by a guy named Willie George. He was American heroes who made the ulti- sector and will work to make it sim- a preacher, a pastor, but a historian. I mate sacrifice for our Nation. It is be- pler to get those licenses and certifi- want to put the same perspective on cause of their sacrifice that we can cations our veterans need. this we did 10 years ago and see how safely enjoy the freedoms our great All of these are real, substantial that applies today. country offers. It is because of their steps to put our veterans to work. All First of all, I am going to do some- unmatched commitment that America of them come at a pivotal time for our thing that is unusual on the floor of can remain a beacon for democracy and economic recovery and our veterans. the Senate; that is, I am going quote freedom throughout the world. I grew up with the Vietnam war. I Ephesians 6. Listen carefully. It says: Memorial Day is a day of remem- have dedicated much of my Senate ca- For we wrestle not against flesh and brance, but it is also a day of reflec- reer helping to care for the veterans we blood, but against principalities, tion. When our brave men and women left behind that time. The mistakes we against powers, against the rulers of volunteered to protect our Nation, we made then cost our Nation and our vet- darkness of this world, against spirit promised them we would take care of erans dearly. Today, we risk repeating wickedness in high places. them and their families when they re- those mistakes. We cannot let that It is significant that we look at that, turn home. happen again. because make no mistake about it, the On this Memorial Day, we need to Our Nation’s veterans are disciplined, war that was started 10 years ago and ask ourselves: Are we doing enough for they are team players who have proven the war we are in right now, that we our Nation’s veterans? Making sure our they can deliver under pressure like no are fighting now, is first and foremost veterans can find jobs when they come one else. So let’s not let another year a spiritual war, not a political war— back home is an area where we must do and another Memorial Day go by with- never has been a political war. It is not more. out us delivering for them. about politics. It is a spiritual war. It For too long, we have been investing I yield the floor. has its roots in spiritual conflict. It is billions of dollars training our young The PRESIDING OFFICER. The Sen- a war to destroy the very fabric of our men and women to protect our Nation, ator from Oklahoma. society and the very things for which only to ignore them when they come Mr. INHOFE. Mr. President, I ask we stand. home. For too long, we have patted unanimous consent that my time that Many of the wars in history are wars them on the back and pushed them would expire at 6:15 be extended to 6:30, where people are trying to take over into the job market with no support. and other times adjusted accordingly. something another country has. That That is simply unacceptable, and it The PRESIDING OFFICER. Without is not what this is about. Not about does not meet the promise we made to objection, it is so ordered. getting mineral deposits, not about our servicemembers. f getting land from other countries. This Our hands-off approach has left us is a different war. with an unemployment rate of over 27 ISRAEL’S BORDERS It is not simple greed that motivates percent among young veterans coming Mr. INHOFE. Mr. President, a few these people to kill. One may ask, what home from Iraq and Afghanistan. That weeks ago I had the opportunity to is it about our Nation that makes

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3403 them—here I am talking about some of what we call today situational ethics that are in northern Africa and in the the Hamas, Hezbollah, the terrorists— or where things change according to Middle East, and nearly every one of hate us so much? I suggest there are our needs. They believed in absolute those is run by a dictator. Israel is the three things. First, in our country we right and absolute wrong. That is the only true democracy that exists in the have the freedom and the right to reason we are hated so much as a na- Middle East. choose the kind of worship we want. I tion. Did you know, if you are an Arab in happen to be a Jesus guy, a born-again We are hated because we are a beacon Israel, and you are an Israeli citizen as Christian, all that. I believe the way to of light, a beacon of freedom all the an Arab, you can vote in the elections? the Lord God is through his Son. way around the world. We know In fact, in the Knesset—that is their While I believe that, I believe every contemporarily what that means. One Congress—they have a political party American has the right to choose of the greatest speeches of all time that is for Arabs. They have their own whether he or she wants to believe that I remember is a speech that was party in the Knesset. that. Some people have the notion that made by Ronald Reagan. It is called a Israel is the only true democracy if you are a Christian who believes in Rendezvous with Destiny. In this that exists in the Middle East. It has a the Bible, you are totally intolerant, speech he talked about—this was back Western form of government based on you do not allow other people to have when Castro had first taken over Cuba. the laws we see in the Bible. The laws a choice. Nothing can be further from He talked about the atrocities in Com- of God our country is based on are the the truth. munist Cuba, and people were trying to same laws from which Israel gets its The nations of this world where escape. One man escaped in a small laws—it represents the laws of God. Christianity is the dominant way of boat, as many others did. He lived and That is the reason it is under attack. worship, we also find Jewish syna- reached the coast of Florida. As his We ought to be Israel’s best friend. If gogues, we find Islamic mosques, we boat floated up on the coast, he started we cannot stand for Israel today, can find freedom of worship. You will not telling the people who were there about we ever again be counted on as a bea- find the same kind of things in the mil- the atrocities in Communist Cuba. A con, a beacon of freedom for the op- itant Islamic nations of this world. lady responded and said: Well, I guess pressed nations? You may ask, what They do not allow Christian churches. we in this country do not know how does this have to do with the attack on They do not allow synagogues to open lucky we are. He said: No. It is how America that happened 10 years ago. freely. They do not allow people the lucky we are, because we had a place to We are under attack because of our freedom. They persecute people. So one escape to. character, and because we have sup- of the reasons America is hated so What he was saying is we were that ported the tiny little nation in the much is that we have allowed people beacon of freedom. And we are hated Middle East. That is why we are under through the years to choose what they because we are a beacon of freedom. attack. If we do not stand for this tiny are going to do. It is their choice. That is the third reason for the rest of country today, when do we start stand- The second reason we are hated so the world. We are hated because in ing for tiny little countries in the much is we have opened the door for America we have the freedom of world? people to achieve their God-given place choice, the freedom of worship; we have Many years ago, Yasser Arafat and on this Earth. We have not restrained freedom of expression; we are a nation others did not recognize Israel’s right people. We have allowed people free- of laws. to the land, very much like our Presi- dom of expression, the freedom to pur- Why was America attacked on Sep- dent Obama. Even today, many do not sue dreams, the freedom to pursue tember 11? Why did they single us out? recognize Israel’s right to exist. There goals. This is not true in other places America was attacked because of our are seven reasons I consider to be indis- in the world. These freedoms are not system of values. It is a spiritual war, putable and incontrovertible evidence found in every nation. America is great not just because we are Israel’s best and grounds to Israel’s right to the because we have magnified the rights friend. We are Israel’s best friend in the land. You have heard this before, be- of individuals, protected the rights of world because of the character we have cause you heard it from me 10 years individuals in our culture. We are care- as a nation. One of the reasons God has ago. It was similar. It is in the RECORD ful to allow people to have expressions blessed our country is because we have now. I kept it. in our society, and we are hated for it. honored His people. Most know this, that they are going The third reason we are hated by Right up on there on your desk, Mr. to be hit by skeptics who are going to these people is because we are a nation President, you have a Bible. Look up say we are being attacked all because of laws. We are a people ruled by laws. Genesis 12:3. It says, ‘‘I will bless them of our support for Israel, and if we get Lest one think that is common, go that bless you and curse him that out of the Middle East, all of the prob- around the world and look at these curses you.’’ lems will go away. That is not so. It is other countries in the world. Most of He was talking about Israel. One of not true. We all know in our hearts it the world’s countries do not have a 200- the reasons America has been blessed is not true. If we withdraw, it would year-old Constitution. They are ruled abundantly over the years is because come to our door. It would not go by dictators. They are ruled by the we as a society have opened our doors away. whims of those leaders or by political to the Jewish people. The Jewish peo- I have some observations to make parties as they change. The rule of law ple have been blessed in the United about that in a minute. But first, I am is what makes civilization possible. States of America. going to tell you the seven reasons The rule of law is what makes an or- When the tiny state of Israel was that Israel has the right to the land. I derly society work. If there is no rule founded in 1948, we stood in beginning am saying this because I am still in of law, the strongest, toughest bully on with Israel. We were the first country shock over what happened this last the block is the one who is running the to stand for Israel. And because we week. But I am relieved from the re- country. America is a country of law took a stand, other nations in the sponse we got from this great man, and order. Because of this philosophy world took a stand. They followed Prime Minister Netanyahu. of the people who founded our Nation, quickly. The United States made it Israel has the right to the land—rea- they believed in the rule of law because possible for there to be an Israel. We son No. 1—because of all of the archeo- of what they knew from the Bible. Our stood with Israel again and again in its logical evidence. This is reason No. 1. Constitution and the constitutions of fight to survive. Make no mistake It supports it. Every time there is a dig most governments around the world, about it, it is not just because of our in Israel, it does nothing but support similar to ours, are, indeed, based on support of Israel, it is what we believe the fact that Israelis have had a pres- the Ten Commandments. Our fathers as a nation that caused us to come ence there in that land for over 3,000 knew the Ten Commandments and the under attack. years, the coins, the cities, the pottery, laws of God should be a basis for all Israel is under attack in the Middle the culture. There are other people and laws. They understood the concept of East because it is the only true democ- other groups there, but there is no mis- absolute right and absolute wrong. racy that exists in the Middle East. taking the fact that the Israelis have There were not many who believed in There are more than 20 Arab countries been present for 3,000 years. It predates

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3404 CONGRESSIONAL RECORD — SENATE May 26, 2011 any claim any other people in the re- The homeland that Britain said it under the control of the Turks. Histori- gion might have. Ancient Philistines would set aside consisted of what is cally, the land was given to the Israelis are extinct. They are not around any- now Israel and what then was Jordan, in 1917, and then, of course, we know more. Many other ancient people are the whole thing. That was what the Israel gained its independence in 1948. extinct. They do not have an unbroken British promised the Jews in 1917. In So we have the archeological reasons. line to this day that the Israelis have. the beginning, there was some Arab We have seven reasons. Here is the Even the Egyptians of today are not population there and some Arab sup- third reason. The third reason the land racial Egyptians of 2,000 years ago. port for this gift. There was not a huge belongs to Israel is because of the prac- They are primarily an Arab people. The Arab population in the land at the tical value of the Israelis being there. land is called Egypt, but they are not time. There was a reason for that. The Israel today is a modern marvel of ag- the same racial and ethnic stock as old land wasn’t able to sustain any kind of riculture. Israel is able to bring more Egyptians of the ancient world. The a large population. The people didn’t food out of a desert environment than Israelis are, in fact, descended from the have the development needed to handle any other country in the world. The original Israelites. The first proof then any kind of population of the land. It Arab nations ought to make Israel is the archeological proof. wasn’t wanted by anyone at that time. their friend and import technology The second proof of Israel’s right to Can you believe it wasn’t wanted at from Israel that would allow all the the land is the historic one. History that time by anyone? Middle East, not just Israel, to be ex- supports it totally, completely. We You remember Mark Twain—Samuel porters of food. So Israel, unarguably, know there has been an Israel up until Clemens—who wrote ‘‘Huckleberry has success in agriculture. They have the time of the Roman Empire. The Finn’’ and ‘‘Tom Sawyer.’’ He took a been able to develop when nobody else Romans conquered the land. Israel had tour of the Holy Land in 1867. This is has. no homeland. Although Jews were al- what he said about Israel: The fourth reason I believe Israel has lowed to live there, they were driven a right to the land is on the grounds of from the land and dispersed in 70 AD A desolate country whose soil is rich enough but is given over wholly to weeds, a humanitarian concerns. There were 6 and 135 AD. But there was always a silent mournful expanse. We never saw a million Jews slaughtered in Europe in Jewish presence in the land. The Turks human being on the whole route. There was World War II. The persecution against who took over about 700 years ago and hardly a tree or a shrub anywhere. Even the the Jews was very strong in Russia ruled the land up until about World olive and the cactus, those fast friends of since the advent of communism. Perse- worthless soil, had almost deserted the coun- War I had control. Then the land was cution was against the Jews even be- conquered by the British. The Turks try. fore that time under the czars. entered World War I on the side of Ger- Where was this great Palestine at These people have a right to their many. The British knew they had to do that time? It wasn’t there. The Pal- homeland. If we are not going to allow something to punish the Turks and estinians weren’t there. Palestine them a homeland in the Middle East, also to break up the empire that was didn’t exist. Palestine was a region then where? What other nation on going to be a part of the whole effort of named by the Romans, but at the time Earth is going to cede territory? They Germany in World War I. So the Brit- it was under the control of the Turks. are not asking for a great deal. The ish sent troops against the Turks in There was no population there because whole nation of Israel fits into my the Holy Land. This is a good one. the land would not support it. There Of the generals who led the British State of Oklahoma seven times. So on was the Palestinian Royal Commission humanitarian grounds alone, Israel into the Holy Land was a guy named that was created by the British. It Allenby. He was a general. He was a ought to have the land. quotes an account of the conditions on The fifth reason I disagree with Bible-believing Christian. He carried a the coastal plain along with the Medi- President Obama and think Israel Bible with him everywhere he went. He terranean Sea in 1913. This is what should have the right to the land, with- knew the significance of Jerusalem. they said about Israel at that time: out any changes and not going back to The flight before the attack against Je- The road leading from Gaza to the north rusalem, to drive out the Turks, Allen- 1967, is because it is a strategic ally to was only a summer track, suitable for trans- the United States. Whether we realize by prayed that God would allow him to port by camels or carts. No orange groves, capture the city without doing damage orchards, or vineyards were to be seen until it, Israel is a detriment, an impediment to the holy places. one reached the Yavnev village. Houses were to certain groups hostile to democ- That day Allenby—this is World War mud. Schools did not exist. The western part racies and to those things we believe I now, keep in mind. He sent a bunch of toward the sea was almost desert. The vil- in, hostile to the very things that biplanes into the Holy Land as a recon- lages were few and thinly populated. Many make us the greatest Nation in the his- naissance mission. You have to under- villages were deserted by their inhabitants. tory of the world. Israel has kept them stand, these Turks had never seen a bi- The French author Voltaire described from taking complete control of the plane. They had never seen any kind of Palestine as ‘‘a hopeless, dreary place.’’ Middle East. If it were not for Israel, airplane. They looked up and they saw In short, under the Turks, the land they would overrun the region. Israel is these cute little machines flying suffered from neglect and low popu- our only strategic ally. around. They are terrified. lation. It is a historical fact. The na- It is good to know we have a friend in Then they were told that they were tion became populated with both Jews the Middle East we can count on. They being opposed by a man named Allen- and Arabs. The land came to prosper vote with us in the U.N. more than by. This is a true story. History sup- when Jews came back and began to re- England, Germany, Canada, and ports it. Allenby—in their language— claim it. Historically, they began to re- France—more than any other country means ‘‘man sent from God’’ or ‘‘proph- claim it. Even if there had never been in the world. So they have been our et from God.’’ They dared not fight any archeological evidence to support consistent ally for strategic reasons. against a prophet from God. So the the rights of the Israelis to the terri- The sixth reason Israel should be en- next morning, when Allenby went into tory, it is important to recognize that titled to the land is that Israel is a Jerusalem, he went in, he captured it other nations in the area have no long- roadblock to terrorism. The war we are without firing a shot. And that is his- standing claim to the country either. now facing is not a war against a sov- tory. That is actually what happened. This may surprise you. I will say that ereign nation, it is a fluid group of ter- That is the history we are talking Saudi Arabia was not created until rorists moving from one country to an- about. 1913, Lebanon, in 1920, and Iraq didn’t other. They are almost invisible. That Out of gratitude to the Jews, and out exist as a nation until 1932, Syria until is whom we are fighting against. We of gratitude to the Jewish bankers and 1941. The borders of Jordan were estab- need every ally we can get. If we do not the financiers and others who lent the lished in 1946 and Kuwait in 1961. stop terrorism in the Middle East, it financial help on the homeland, the Any of these nations that would say will be on our shores. I have said this Jewish people—the homeland that is Israel is only a recent arrival would and said this and said this. now Israel, and all of what was then have to deny their own rights, as they One of the reasons I believe that spir- the nation of Jordan, was given to the were recent arrivals as well. They itual door was opened for an attack Jewish people. didn’t exist as countries. They were all against the United States is because

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3405 the policy of our government has been The Lord said to Abram, ‘‘Lift up now your where the Israeli public has pressured to ask the Israelis, and demand with eyes, and look from the place where you are its leaders to give up land for peace be- pressure, that they not retaliate northward, and southward, eastward, and cause they are tired of fighting, there against the terrorist attacks that have westward: for all the land which you see, to has been increased terror. you will I give it, and to your seed forever. been launched against them. . . . Arise, walk through the land in the It hasn’t helped, hasn’t worked. Since its independence in 1948, Israel length of it and in the breadth of it; for I will Nothing worked. It has been greater has fought four wars, and they were give it to thee. than at any other time in Israel’s his- not the aggressor in any of them. Some That is God talking about Israel. tory. Showing restraint and giving in people may argue that they were the The Bible says that Abram removed hasn’t produced any kind of peace. It is first ones there with Egypt. Everybody his tent and came and dwelt in the so much so that the leftist peace move- knew what was going to happen in plain of Mamre, which is what we call ment in Israel didn’t exist because the Egypt. Israel was attacked in all four the Hebron, and built there an altar be- people felt they were deceived. cases. Israel won all four wars against fore the Lord. Hebron is in the West They did offer a hand of peace, and it the impossible odds. They are great Bank, right here on the map. It is this was not taken. That is why the politics warriors. I have spent some time over place where God appeared to Abram of Israel have changed drastically. The there. They consider it a level playing and said: ‘‘I am giving you this land,’’ Israelis have come to see that ‘‘no mat- field when they are outnumbered 2 to 1. the West Bank. ter what we do, these people do not They are great people. Everybody will yell and scream be- want to deal with us. They want to de- There were 39 Scud missiles that cause I am quoting the Bible, but that stroy us.’’ That is why even yet today landed on Israeli soil during the gulf is their problem, not mine. the stationery of the PLO has upon it war. Our President asked Israel not to This is not a political battle at all; it a map of the entire State of Israel, not respond. Our policy was trying to get is a contest over whether the Word of just the tiny part they call the West them not to respond. We asked them God is true. Bank. They want it all. not to respond. In order to have the The seven reasons, I am convinced, The unwavering loyalty we have re- Arab nations on board, we asked Israel clearly establish that Israel has a right ceived from our only consistent friend not even to participate in the war. to the land. in the Middle East has to be respected They showed incredible restraint, and Years ago on the lawn of the White and appreciated by us. No longer they did not. We asked them to stand House, Yitzhak Rabin shook hands should foreign policy in the Middle back and not do anything over these with PLO Chairman Yasir Arafat. It East be one of appeasement. As Hiram attacks. was a historic occasion. It was a tragic Mann said: We have criticized them. They have occasion. No man survives when freedom falls. The been criticized in our media, local peo- At the time, the official policy of the ple in television and radio offer criti- best men rot in filthy jails and those who government of Israel began to be ‘‘let cried ‘‘appease, appease’’ are hanged by those cisms of Israel not knowing the true us appease the terrorists. Let us begin they tried to please. issues. We need to be informed. to trade the land for peace.’’ They Years ago, I was so thrilled when I Islamic fundamentalist terrorism tried. This process continued unabated. came to America on 9/11. We have to heard a reporter pose a question to our Here in our own Nation, at Camp David former Secretary of State, Colin Pow- use all our friends and assets, all our in the summer of 2000—I remember it ell, during the gulf war. He said: resources, to defeat the satanic evil. so well—then-Prime Minister Ehud Patrick Henry said: Mr. Powell, the United States has advo- Barak offered the most generous con- cated a policy of restraint in the Middle We will not fight our battles alone. There East. We have discouraged Israel from retal- cessions to Yasir Arafat that had ever is a just God who reigns over the destiny of iation again and again and again, because we been laid on the table. nations who will raise up friends who will have said that it leads to continued esca- He offered him more than 90 percent fight our battles with us. lation—that it escalates the violence. of all of the West Bank territory, sov- He said: He said: ereign control of it. There were some We are not weak if we make a proper use Are we [the United States] going to follow parts he didn’t want to offer, but in ex- of those means which the God of nature hath that preaching ourselves? change for that, he said he would give placed in our power. The millions of people, Mr. Powell indicated we would strike up land in Israel proper that the PLO armed in the holy cause of liberty, and in back. In other words, we can tell Israel was not even asking for. He also did such a country as that which we possess, are not to do it, but when it hits us, we are the unthinkable—we cannot imagine it invincible by any force which our enemy can going to do it. That is one of the rea- today. He even talked about dividing send against us. sons I believe the door was opened—be- Jerusalem and allowing the Palestin- Listen to this: cause we held back our tiny little ians to have their capital in the east. We will not fight our battles alone. There friend. We have not allowed them to go Arafat stormed out of the meeting. is a just God who reigns over the destiny of to the heart of the problem. This was a Why would he do that? Everything he nations who will raise up friends who will fight our battles with us. mistake. asked for was offered to him. Terrorism is not going to go away. If A couple months later, there began He was talking about all of our Israel were driven into the sea tomor- to be riots and terrorism. The riots friends, including Israel. That is what row, if every Jew in the Middle East began when Ariel Sharon went to the is happening. I thank God Israel is in were killed, terrorism would not end. Temple Mount—and we remember this. the battle by our side. It is time for our You know that in your heart. Ter- This was used as the thing that lit the policy of appeasement in the Middle rorism would continue. fire and caused the explosion. This is East and appeasement to the terrorists It is not just a matter of Israel in the the excuse the terrorists used. to be over. With our partners, our vic- Middle East; it is the heart of the very Did you know Sharon did not go to tory must and will be absolute. people who are perpetuating this stuff. the Temple Mount unannounced? He I mentioned that a few weeks ago I Should they be successful in over- contacted the Islamic authorities be- was with Prime Minister Netanyahu in running Israel—they will not be—but fore he went. He secured their permis- Israel. At that time, he had this grow- should they be, it would not be enough. sion. He had permission to be there. It ing concern for the land. We did not They would never be satisfied. We was no surprise. Their response was know what was coming. We did not learned that at Camp David. carefully calculated. They knew they know what was going to happen. We The seventh reason—and this will would not pay attention to the details. did not know that which did happen upset some people, but I have to say it, So they would portray this in the Arab just a week ago was going to happen. I and it is printed up there—that Israel world as an attack on the holy mosque. quote from the Associated Press. I am has a right to the land—and this is the They would portray it as an attack on so proud of him. Think of the courage most important reason—because God that mosque and use it as an excuse to it took for Prime Minister Netanyahu said so. As I said a minute ago, look it riot. We know what happened since to stand next to the most powerful up in the book of Genesis. In Genesis that time. Over the following years, man in the world and make a state- 13, verse 14, 15 and 17, the Bible says: during the time of the peace process, ment like this. He said:

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3406 CONGRESSIONAL RECORD — SENATE May 26, 2011 [He] sat alongside President Barack Obama all of Ouattara’s people. These are the The PRESIDING OFFICER (Mr. on Friday and declared that Israel would not ones our State Department supported, BEGICH). The Senator from Illinois. withdraw to the 1967 borders to help make and it is serious. Amnesty reports that Mr. DURBIN. Mr. President, first, I way for an adjacent Palestinian state. a manhunt was launched against thank my colleague from Oklahoma. Obama had called on Israel to be willing to do just that thing a day earlier. Gbagbo loyalists in Abidjan, and sev- He and I share a passion and interest in Prime Minister Netanyahu said his Nation eral senior officials close to him were the continent of Africa. He has trav- could not negotiate with a newly constituted beaten in the hours after his arrest. eled there many more times than I Palestinian unity government that includes This is a picture of the Secretary of have. We have talked about the situa- the radical Hamas movement, which refuses the Interior. We had a hearing the tion on that continent. I give special to recognize Israel’s right to exist. other day, and our State Department accolades to him for continuing to And its commitment to Israel’s de- tried to say Ouattara is hiring a lot of raise questions relative to that con- struction. the people from the Cabinet of Laurent tinent and the people who live there. It Those are the seven reasons I believe Gbagbo. There is the Secretary of the is an important part of the world, and the land belongs to Israel. We need to Interior. They shot him in the face so for far too long it has been exploited. respect that, and we need to declare: it would take a long time to painfully I am glad, on a bipartisan basis, we God bless Israel. die. He died. both believe the United States should f Here is another member of the Cabi- focus more attention on that impor- net being executed. This is what is tant continent. I thank the Senator. COTE D’IVOIRE going on. Nobody cares. Anyway, I f Mr. INHOFE. Mr. President, I know I care. have a couple more. I would like to What we are looking at right now is DREAM ACT cover one last topic because something the Ouattaras publicly. Mr. DURBIN. Mr. President, it was 10 is about to happen in the next week. There is a way out of this right now. years ago I was contacted in my Chi- Some people are going to be killed. It What has happened is Ouattara is try- cago office by a mom, a Korean Amer- has nothing to do with Israel; nothing ing to figure out a way to kill the ican. She had a problem. She had come to do with the subject here. It is very President and the First Lady. I will to this country from Brazil with her serious. wind up by letting you know and see- young daughter. The family was origi- You might recall six different times ing firsthand what we are talking nally from Korea, but they came to the on the floor of the Senate I have talked about. country from Brazil. Her daughter about the problems that are taking President Gbagbo is someone I have came at the age of 2 and grew up in place in a country in West Africa called known quite well. He is a jovial guy. Chicago. She was a bright girl with a Cote d’Ivoire. The fact is we had a This is a picture as I remember him. I lot of talent and particularly turned President—his name is Laurent spent a lot of time with him. This is out to be a musical prodigy. By the Gbagbo—with his wife Simone. They right after his arrest. He was beaten al- time she was ready to graduate from were ruling when an election came most to death. We see what has hap- high school, she had offers to go to the along. It was stolen from him by a man pened to his face. best music schools—the Manhattan named Alassane Ouattara. He is in the His wife is a beautiful lady, Simone School of Music, the Julliard School of northern part of Cote d’Ivoire. Gbagbo. I have been with her many Music. What I have tried to show—I ex- times. She is a beautiful lady. She is As she filled out her application plained well before this all happened, the First Lady. I first knew her 15 forms, there was a little blank that before we got involved, that France years ago when she was a member of said ‘‘citizenship.’’ She turned to her and the United Nations and now our Parliament before they were married. mom and said: What am I supposed to State Department are joining in with There she is. You will not find a more put here? Her mom said: I don’t know. them. This picture was in yesterday’s beautiful lady than that. There she is, We never filed any papers. You were paper. This is one of Ouattara’s death after they ravaged their home— brought in here at the age of 2. We bet- squads that are killing people in Ouattara and the United Nations in ter do something. Abidjan, which is the capital. agreement with our State Department. Her daughter said: What are we going I show this picture. It is one that This is what she looked like the next to do? shows this is still happening today. Re- day. They went in and grabbed her by Her mom said: We are going to call prisal attacks are still being com- the hair and pulled her hair out. You Senator DURBIN. mitted by forces loyal to Alassane can see other things happened to her. They called my office hoping to come Ouattara of Ivory Coast 6 weeks after I hesitate to put up the last photo, up with a solution. Unfortunately, I he came to power vowing peace and but this one you have to put your could not. The law is very clear. She reconciliation. imagination to work. It takes a lot of not only would have been deported It also said that Alassane Quattara, imagination to see what is happening. from America, she would have been de- championed by the French and the There she is, the beautiful First Lady. ported back to Brazil, a place where United Nations during a deadly post- You can imagine what happened with the little girl had never lived or a lan- election conflict, has failed to condemn all of Ouattara’s people around here. guage she never mastered. She was sup- atrocities against real or perceived What is the answer? All we have to posed to wait there for 10 years and try supporters of ousted President Laurent do is encourage the State Department to get back in the United States. Gbagbo. to take a different stand and say: Let’s It struck me that was unfair. That is Those are the death squads of take the Gbagbos—the President and when I introduced the DREAM Act. Ouattara. This is a picture of them. the First Lady—and allow them to The idea behind the DREAM Act is to You can identify them. They are in have asylum. I already located a coun- give young children who are now in there killing people. We don’t know try in Sub-Saharan Africa willing to young adulthood a chance to become how many tens of thousands of people host them. That is all that needs to legal in America. I introduced the bill have been murdered in cold blood. Am- happen. 10 years ago and called it up several nesty International came out the other By the time we get back 9 days from times on the Senate floor in the last 10 day and criticized the U.N. mission for now after this recess, both of them will years. I think on every occasion we had ignoring pleas for help and failing to be dead if we do not do something. As a majority vote. The last time we had prevent the massacre in the town of we speak right now, they are being tor- 55 votes of 100 in the Senate, but the Duekoue. That is the town of Duekoue. tured. filibuster rule requires 60. It fell short See the charred bodies. People are say- There we have it. We have an oppor- of passing. ing they actually had hogs eating the tunity to do something. We can save What the bill says is very basic. The bodies. This is what Ouattara did in a not only these people but save those DREAM Act would give students a little town called Duekoue. around them who have always loved chance to become legal if they came to I have another picture of what is hap- peace in Cote d’Ivoire. the United States as children; they are pening. It is really criminal. These are I yield the floor. long-term residents of the United

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3407 States; they have good moral char- dreamers. This is Juan Gomez. This school in Warren, MI. She is the val- acter; they graduate from high school; handsome young man was brought to edictorian of her class. She has taken and they complete at least 2 years of the United States from Colombia in every advanced placement class offered college or military service in good 1990 at the age of 2. He is an academic by her school. She has a 4.4 grade point standing. It is not too much to ask to all-star at Killian Senior High School average—a very bright young lady. Ola give these young people a chance. in Miami, FL. He earned close to 2 is on the varsity cross-country and ten- Two weeks ago, I reintroduced the years of college credit with high scores nis teams, she is treasurer of the stu- DREAM Act with 33 of my colleagues. on 13 advanced placement exams. He dent council and treasurer of the Na- I am going to do everything I can to scored 1410 out of 1600 on the SAT, and tional Honor Society at her school. She pass the legislation this year or next he finished in the top 20 percent of his tutors students who are learning year. This is a matter of simple justice. class. His economics teacher nick- English. Ola was also a member of her There is not another situation in named him ‘‘President Gomez’’ and homecoming court. This is a great pic- America where we hold children ac- said he is one of the best students ever ture of her. Here she is at her high countable for the wrongdoing of their to graduate from Killian High School. school at homecoming. parents except in this case. It is just In 2007, during his senior year in high She sent me a letter. She has been not fair. These children did not have a school, he was placed in deportation accepted into the honors program at vote or a voice in coming to America. proceedings. What happened next is an the University of Michigan, where she They were brought here, and they did amazing story. will be a pre-med student. Here is what the right thing once they came. Scot Elfenbein was the student body her letter said: They went to school. They did well. President at Juan’s high school. He I aspire to ultimately becoming a surgical They got up every morning and pledged was also Juan’s best friend. He thought oncologist, but more importantly, I intend allegiance to the only flag they knew. it was basically unfair that this young to work for patients who cannot afford the They sang the National Anthem—the man would be rooted out of school and astronomical fees accompanying lifesaving only one they knew. They believed surgeries, patients that are denied the med- tossed back into a country he never re- ical treatment they deserve. My goal is not they were really Americans, but a rude membered. Scott started a Facebook to increase my bank account; my goal is to awakening came when they came to page devoted to stopping Juan’s depor- decrease preventable deaths. I wish to re- learn they were not. I guess they might tation. Here is what he wrote on the main in this country to make a difference. have been viewed more as people with- Facebook page: Do we need her? You bet we do. out a country. We need your help in saving Juan from Two months ago, Ola was placed in What will the passage of the DREAM being sent to Colombia—a country he doesn’t deportation proceedings. Just like Act bring us other than justice? It will even remember. For those of you who know Juan Gomez and many other DREAM bring us some of the most talented peo- Juan, he is the smartest and most dedicated Act students, Ola’s friends decided to kid you ever met. He deserves more than to ple in America who want to make this rally behind her. Senator LEVIN, a co- just be deported. Many of us owe him. I know a better nation. These are young people sponsor of the DREAM Act, asked the who really worked hard. Their parents he helped everyone one way or another in school. It’s the least we can do for him. Department of Homeland Security to were immigrants to this country and reconsider her case. This week, the De- most of the time had to take very dif- Thanks to Scott’s initiative, 2,000 people joined Juan’s Facebook page. partment granted a stay of deportation ficult jobs and work extra hard so the to give her a chance to continue her kids could finish school. Many of these Then Juan’s friends came here on Cap- itol Hill to lobby for him. They per- education. That was the right thing to young people turned out to be excellent do. It makes no sense to send someone students—valedictorians of their class- suaded Representative Lincoln Diaz- Balart and Senator Chris Dodd to in- like Ola, who has so much to con- es and stars in many other respects. tribute to America, to a country she Now some of them just want a chance troduce a bill to stop his deportation. Representative Diaz-Balart is a Repub- barely remembers. to serve in our military. That says a I introduced the DREAM Act in 2001. lican, but he is also one of the lead lot about them too, that they are will- Since then, I have met so many of sponsors of the DREAM Act in the ing to risk their lives for America. these young immigrant students who House. My good friend and former Sen- Is there any question about their pa- are qualified for the DREAM Act. Like ator Chris Dodd is, of course, a Demo- triotism or their love of this country Juan Gomez and Ola Kaso, they are crat. So it is obvious this isn’t a par- or they want to finish college so they Americans in their hearts. They are tisan issue. Republicans and Democrats can use their skills and education to willing to serve our country and to die should basically come together and improve their lives and make this a for it if we would only give them a agree that to punish this young man better nation. chance. Simple justice and fairness re- because his parents came here illegally We have the support of the Defense quires it. Secretary, Robert Gates, for the is fundamentally unfair. I ask my colleagues to support the DREAM Act, GEN Colin Powell—a man After his deportation was stayed, DREAM Act. It is the right thing to do. I respect very much—Rupert Murdoch, Juan was admitted to Georgetown Uni- It will make America a stronger and a very conservative Republican busi- versity on a full scholarship. He is better nation. One thing I am sure of is nessman supports it, and CEOs of com- going to graduate from Georgetown in that if we give these young dreamers a panies such as Microsoft and Pfizer. May. And thanks to Congressman Diaz- chance, they won’t let us down. Every day I hear from another one of Balart, he has a temporary work per- Mr. President, I yield the floor. these dreamers. They come up to me mit and has been offered a job at a top The PRESIDING OFFICER. The Sen- sometimes very quietly and sometimes financial services firm in New York ator from Minnesota. City. Can we use a person with his very publicly and tell me their stories. f Just the other day a young man came skill? Of course we can. Every year we up to me as I was leaving a speech here import thousands of foreigners on H–1B HUBERT HUMPHREY CENTENNIAL in Washington, and he said: Senator, I visas. Do you know why? Because we Ms. KLOBUCHAR. Mr. President, I just want to let you know I am fin- say we need these bright minds in would first like to thank the Senator ishing law school. I cannot be licensed America. Well, if we need bright minds from Oklahoma, Mr. COBURN, for allow- in America because I am not an Amer- in America, why are we exporting ing me to take a few minutes to speak ican citizen. I will pursue my education those who were raised here and who about something very important in my until you pass the DREAM Act. can bring their skills and talents to a State—the fact that tomorrow would I thought about it. This poor young better life for themselves and our Na- be Hubert Humphrey’s 100th birthday. man deserves a chance to use his edu- tion? Hubert Humphrey was our ‘‘Happy cation not just to continue it. That Let me introduce another person to Warrior’’ in Minnesota. He was the son gives me more of an incentive to work you. Her name is Ola Kaso. She was of a smalltown South Dakota drugstore on this issue. brought to the United States by her owner who lifted himself up through Let me tell a story tonight in the few mother from Albania in 1998 when she hard work and determination to be- minutes I have about two of these was 5 years old. Ola is a senior in high come the mayor of Minneapolis, a U.S.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3408 CONGRESSIONAL RECORD — SENATE May 26, 2011 Senator representing Minnesota, and difficult wars, a crushing debt load, for that, and the American people need the 38th Vice President of the United and our quest to end our dependence on to know it is not because of our great States of America. foreign oil and develop our own home- budget chairman, whose name is Sen- I actually have Hubert Humphrey’s grown energy. The way we choose to ator KENT CONRAD. It is not his fault desk—something I requested when I address these challenges will determine there is not a budget. It is because of got to the Senate. It somehow got in a the course of our Nation for decades to the leadership in the Senate. The lead- different category, and for the first 2 come. History will tell us whether we ership does not want the votes that years I had the desk of the former Sen- are right or wrong, timid or coura- come along with a budget. You see, the ator from New Hampshire, Gordon geous. political thinking is, we don’t want Humphrey. But then, lo and behold, I believe we must choose courage, but any of our members to have to be re- with the start of this last Congress, I not only that, we must also choose op- corded on things that might affect the did get Hubert Humphrey’s desk. timism. We must take a page from Hu- next election. So to hell with the coun- I was a senior in high school when bert Humphrey’s book and strive for try. What is more important is the Hubert Humphrey passed away, and I that resilience he displayed in public next election. can still remember standing in line for life. I think about the inscription on What is happening in the Senate is a his funeral in St. Paul. It was January, his gravestone at Lakewood Cemetery complete meltdown of the very purpose and it was one of those days where it in Minneapolis. It is a quote from Hum- the Senate was created. The fact is, we was below zero—freezing. Yet there we phrey himself: had votes on four separate budgets, and were, standing outside the State cap- I have enjoyed my life, its disappointments let me tell you, what is most astound- itol, all of us in our puffy winter jack- outweighed by its pleasures. I have loved my ing is that nobody voted for President ets, 40,000 people waiting to pay our re- country in a way that some people consider Obama’s budget. The President of the spects. That is how much Hubert Hum- sentimental and out of style. I still do. And United States submits a budget to the phrey was loved in our State, loved I remain an optimist with joy, without apol- Congress, and nobody in the Senate enough for people to stand outside for ogy, about this country and about the Amer- agrees to vote for it. How disconnected hours in the dead cold of a Minnesota ican experiment in democracy. could that budget be from the realities winter. These are words that resonate today, of what our country’s needs are if even I can honestly say that Humphrey words that remind us of the amazing the people of his own party won’t vote had an enormous impact on my own life and legacy of a man who did so for it? I was inclined to vote for it just views of public service. You can go much for the causes of justice, democ- so we could have a debate on his budg- down the list of landmark Federal leg- racy, and accountability. America is a et. But the fact is, we didn’t have a de- islation in the past 60 years, and his better place for his leadership, and that bate on any budget. fingerprints are all over them—civil is why we honor him today. So as we sit here, we are borrowing rights, Medicare, nuclear arms control, Mr. President, I again thank my col- $4.3 billion a day and running a $1.6 the Peace Corps, the list goes on and league from Oklahoma for allowing me trillion deficit and mortgaging the on. Hubert Humphrey’s impact con- to put in these good words for Senator very future of our children. The very tinues to be felt in our State. Humphrey. reason we work so hard and the reason Humphrey was a compassionate man, I yield the floor. we live is to nurture and support those but he was no pushover. He never The PRESIDING OFFICER. The Sen- who come after us, and to ignore that backed down from a fight worth fight- ator from Oklahoma. responsibility is absolutely uncalled ing. When he was asked to speak at the f for. Congress deserves every recogni- Democratic National Convention in tion from the American people for THE BUDGET 1948, he dove headfirst into one of the being a farce. You can’t have the kinds most controversial topics at the time— Mr. COBURN. Mr. President, I wish of problems we have in front of us and racial inequality. It was a gutsy move, to spend a few minutes this evening not attempt to address them. especially considering how divisive talking about where we are as a nation. I want to spend a minute talking to civil rights issues were for the Demo- I have to say I am discouraged at the every Medicare patient in the country. cratic Party. And let’s not forget that work of the Senate. If we look around I have practiced medicine for 25 years. as a 37-year-old mayor of Minneapolis— and take in the whole picture here, I have cared for thousands of Medicare and the Presiding Officer can relate to there is nobody here, essentially, and patients. I understand, at 63 years of this as a former mayor himself—Hum- they are not going to be here for 9 or 10 age, with three pretty significant dis- phrey’s political career was just get- more days. The question I put forward ease processes going on in my own ting off the ground. He had a lot to is, If your own personal household was body, about worrying about one’s lose. But he was convinced that seg- in trouble, financially or otherwise; if health. I worry about the security regation and Jim Crow were hurting you knew you weren’t going to be able around that health. It is important our country, and he was determined to to pay the bills; if you knew your cred- enough to me to really take the medi- challenge the status quo on the na- it cards were maxed out, would you cines and to follow the diet my doctor tional stage even if it meant risking just sit on the couch and do nothing or is offering me now that I am 63. I prob- his political career. That was Hubert would you work to protect your fam- ably wouldn’t have paid attention 20 Humphrey. ily? Would you go out and do whatever years ago, but today I am doing that. I think the last, most important you could? Would you take advantage The health care that is available to thing to point out about Hubert Hum- of every opportunity to secure the fu- me is important to me, as I know it is phrey is that he was above all things ture for your family? to every Medicare recipient out there. an optimist. To this day, the Senate, Well, we have big problems in our But the facts are the following: Politi- according to our colleagues, has never country, and it doesn’t matter how we cians want to use Medicare as a tactic seen anyone quite like him—bursting got here. The fact is, we are borrowing to scare people into not doing what we with energy, idealism and hopefulness, $4.3 billion a day. The interest on our as a nation are going to ultimately do a happy warrior. debt is $2.8 billion a day. We are at a anyway. We will have to fix Medicare. I have a picture of the ‘‘Happy War- point where if we don’t start making And we can fix it in a way that assures rior’’ hanging in my front office, and it the very difficult decisions for our every senior who absolutely needs the hangs there in a visible place for a good country despite our fear of the political help of Medicare and is dependent on reason. It is because I am convinced consequences, we will be like the per- Medicare will have that health care. that now more than ever our Nation son who, when his family was in trou- Anybody who says something other needs a good dose of the hope and opti- ble, didn’t try to solve the problem. than that either cares a whole lot more mism that defined Hubert Humphrey’s Mr. President, we don’t have a budg- about themselves and their political life. et. Yesterday we had political votes on career or they are absolutely dis- The truth is, we have to go back dec- budgets, but it was a game. For the honest, because it is absolutely impos- ades to find a time when we were con- last 2-plus years, no budget has come sible for us to raise the money to con- fronted with so many challenges—two through the Senate. There is a reason tinue to run Medicare the way it is

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3409 today. It will change in the next 4 or 5 The real problems are we have made we can continue to do the savings we years no matter what the politicians promises without creating the revenues are going to have to get out of Medi- say, no matter what the next elec- to pay for it. We can tax 100 percent of care by doing that, you will not have tion—it has to change. The good news all the income of everybody above anybody taking care of Medicare pa- is we can give as good care or better $100,000 in income in this country and tients because they will not be able to with fewer dollars if we will make the you will not fix the deficit this year— afford to. Those payments to the physi- right changes in Medicare. if you took 100 percent of everything cians are less than 30 percent of the What most Medicare patients don’t everybody earned over $100,000—that is total payments of Medicare. understand is that $1 out of every $3 how great the problem is. We have a Then they transfer over to the hos- spent on Medicare is not going to help $14.3 trillion debt that, if in fact the pitals, so we are going to cut what we you get better and isn’t preventing you debt limit is extended, will be past $15 pay to the hospitals. Some hospitals from getting sicker. Those are facts. trillion by December. When is it going can afford that, some cannot. What They are backed up by four studies to stop? When are we going to start happens when the hospitals that can- now, four long-term studies. If $1 out of thinking about the future of our coun- not afford that close? Where do you get every $3 is going into Medicare and it try and the security of our country in- your hospital care? Prescription is not effective in actually helping you stead of the next election and how we drugs—we are going to cut the price of with health care, and that $1 out of can look good as the media plays the prescription drugs. Consequently, no every $3 we are borrowing from the game on politics? new drugs are coming on line because Chinese this year to keep Medicare It is amazing; today most of the sto- of the rate of return for the billion dol- afloat—and that is just the hospital ries in the newspaper were about Medi- lar cost that it is for any new drug just system, that is Part A—why would we care and the effect of an election up in to get it through the FDA. All of a sud- not want to make the hard choices and New York, a congressional election. I den the things you count on are not fix it? don’t think that matters a twit on there. The reason you are not seeing that what is going on in this country. What Let me mention the second way the come forth is somebody sees an advan- was not said in the papers is that no- President would have us control. That tage in an election to game Medicare. body voted for the President’s budget. is they have what is called an Innova- The fact is, it is not just Medicare that That was not the headline anywhere. It tion Council, under the Affordable Care is broken. The whole entire health care was not the headline that the Congress Act. What is that purpose? The purpose system is broken because we do not does not have a budget. The House has of the Innovation Council is to decide allow markets to allocate it in an effi- passed a budget. You don’t have to whether Medicare can afford new inno- cient way and we do not hold physi- agree with it but at least they passed vation in medicine to be offered to cians such as myself accountable to be one. But you have all this criticism of Medicare patients. That is the same very frugal with the tests we order and a proposed plan that came through the thing as saying: Here is a new drug, it the treatments we order. House that actually will solve the As we continue to think about our- will cure your breast cancer, but we problem, make sure everybody on selves and say I do not want any don’t think we can afford it so there- Medicare actually gets the care they change—and that is the other point I fore it is not available under Medicare. want and actually will take $1 of those want to make. As I get older, I find I One is direct rationing; the other is in- $3 that we are wasting, one out of every resist change more than anything. But direct rationing. But the fact is we three, and put it into actually taking the one absolute that is going to hap- cannot fix Medicare by rationing. You care of patients. But the people who pen is that Medicare is going to change will not fix it that way. What you will are critical of that plan have no plan and it does not matter what any politi- do is limit care and limit access—simi- themselves. And, if you have a plan, cian from Washington tells you, it has lar to what we have under Medicaid. the plan is the following—it is the plan to change. Otherwise we will be in an If you look at the trustees’ report on absolute depression. We will not be that passed, what we know as Medicare, what they are saying will able to accomplish any of the things we ObamaCare, but what is the health have to happen is that the reimburse- are accomplishing now under Medicare. care bill that was passed in the last ment rates under Medicare will end up It will change. Congress. Here is the plan, just so we being lower than the reimbursement If it is going to change, why don’t we understand. rates under Medicaid. That is the an- change it in a way that continues to According to the President’s speech swer they have right now. guarantee the promise of Medicare and at Washington University, the plan is That is not a good answer. No Amer- puts more of a burden on those who that if we have to, we have two mecha- ican thinks that is a good answer. My have more dollars with which to do nisms. He mentioned one of them. He colleagues on both sides of the aisle do that and takes care of the sickest and didn’t mention the other. We have the not think that is a good answer. But poorest the best and puts a greater Independent Payment Advisory Board. that is where we are sitting. load on those who have less of a need Under the Affordable Care Act, the I make the point if we do not address for Medicare? Independent Payment Advisory Board Medicare and if we do not address Med- Some would say that is not fair. Let is mandated to control the growth of icaid and if we do not fix Social Secu- me tell you what is not fair. What is Medicare. Here is how it does it. It rity—and it is true, if Congress had not not fair is the average American puts makes a recommendation on the cut- stolen the $2.6 trillion from it and it $138,000 into Medicare over their work- ting of payments for Medicare. That was sitting in an account, we would be ing career and takes $450,000 out. That recommendation comes before Con- in pretty good shape. We would make it is what is not fair. What is not fair is gress and we either have to accept that another 30 years. But there is a prob- for a 5-year-old to complain about or do something similar to that, in lem in terms of paying back that something not being fair. To quote P.J. terms of the total dollar amounts, to money. Congress stole the money, O’Rourke: ‘‘You were born in America. cut back on the payments for Medi- spent it, and it is not there. So for us That’s not fair.’’ Life is not fair. care. to get the $2.6 trillion to keep it going The fact is, we have a system that is What is the No. 1 problem a new until 2036 we have to borrow more getting ready to crash and we have a Medicare recipient has today? The No. money. We have to borrow that $2.6 political dynamic that people are actu- 1 problem new Medicare recipients trillion. The problem is we are at a ally saying we do not care because we have today is finding a doctor who will debt limit now and we are getting very want to win the next election more care for them, who will take their close to the time when people are going than we want to fix the problem. That Medicare. That is their No. 1 problem. to quit loaning us money. does not apply to everybody, but people If you think we can take this tremen- We can fix Social Security where it is who are gaming this issue, people who dous unfunded liability and continue to for sure as available as it is today—ac- are scaring people who are on Medi- cut—I am not against, as a physician, tually we can make it better for the care, lack the integrity and courage to physicians taking a 5-percent or 6-per- poorest Americans. We can actually talk about what the real problems are cent pay cut under Medicare today. I make it better and we can assure that in this country. am not against that. But if you think it is going to be working forever. But

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3410 CONGRESSIONAL RECORD — SENATE May 26, 2011 that requires change. The political dy- vantage, how do I scare you over the for a discount. They said: I will pay namic says don’t, you can’t touch So- next election? Nobody wants to take you cash up front if you give me a dis- cial Security. away health care for our seniors. What count. By the way, if you want to do How fair is that? How fair is not fix- we want to do is ensure it is there in this other test, please explain in detail ing Medicare, not fixing Medicaid, and the future, and to put forward the idea why I should fork out $100 for another not fixing Social Security to those who that the motivation there is to scare ultrasound. And does my wife abso- follow us? I am the grandfather of five you into thinking that somebody lutely have to have this ultrasound? great-grandkids, wonderful kids; I love wants to disrupt your care, that is just When you get questioned that way them to death. I raised three daugh- not true. the doctor says: Well, if you under- ters—actually my wife did most of that There could be a great debate, and I stand that we may miss something but hard work and that is why they turned started this talk on the fact that there basically everything looks good, then I out well. But the fact is, the relation- has not been any debate on the prob- am fine with that as long as you are ship with your children is a special re- lems that are in front of us. There fine with that. lationship, but it does not get close to needs to be a great debate. People need The average pregnancy today in the comparing to the relationship to your to hear what the options are. We need United States has four or five grandkids. There is not anything I to put a budget on the floor and have ultrasounds. I was trained without wouldn’t do for my grandkids and they the hard debates on it, and take the doing any ultrasounds, and I had the kind of know it. They have not taken hard votes, and then try to mix some- same outcomes. So the point is that we can get better advantage of it yet, but they know it. thing with the House; otherwise, here value if we reconnect the purchase of What I would ask is, anybody who is is what is going to happen come Sep- health care with some individual re- on Medicare today who is listening to tember—which is not fair to any Fed- sponsibility. If we disconnect that—and this, here is what you need to know. eral employee. We are going to have that is what we do through private in- No. 1 is there is nobody in Washington another continuing resolution. That is surance and low deductibles, and that who does not want you to have a secure what is coming because we refuse to is what we do through Medicare and medical health care system. But the have a budget that allows the people low deductibles and supplemental poli- problems with it are so severe that it who work for you, through the Federal cies. We do the opposite of that. Once has to be fixed and it cannot wait. And Government, to plan and efficiently we have met our deductible, there is no that requires change. The problems of carry out what the Congress directs. cost. So we are not prudent consumers. our country as a whole are so severe We are just going to do a continuing As we age, we worry a lot about new that we are not going to be able to bor- resolution. It is a highly inefficient symptoms, so we access the health care row the money to pay back what we way to run the Government. As a mat- system. Once you access, the costs just owe Social Security if we do not fix ter of fact, I will tell you that any fam- start ticking up. Medicare and Medicaid because nobody ily who does not run on a budget is set So the point I make is there are a lot is going to loan it. They are going to up for getting in trouble. of things we can do better in health say you haven’t done what you need to We are not running on a budget now. care if, in fact, we have market forces do. The bills are coming in and we have a and transparency helping us do that. I What has to happen is we have to continuing resolution until September would suggest we can have a Medicare think about our grandkids. I don’t like 30. But we do not have a budget, we Program that is efficient, that works, going through change very much but I have no plan, we don’t know what we and that doesn’t have $70 billion worth will tell you there is one group of kids need to do, what are the changes we of fraud in it by the end of the year, by that I will go through change for, I will need to make. We are not listening to the way—$70 billion, well over 10 per- sacrifice for, I will give something up the people running the program. We cent—and improper payments above 10 for me. What we are asking you to give are not listening to the American peo- percent as well. So $70 billion in fraud up is the comfort of what you know ple as we do that. and $70 billion in improper payments in now, and move to the comfort of some- We can fix health care in this coun- Medicare. We could solve the problem thing that is going to supply the same try. The problem is the cost of health right there if Congress would do it. But thing to you, just in a different way. care. The reason it costs so much is we don’t because we would rather have Anybody who games that will not put that the vast majority of Americans a political game and game people’s forward a solution to the very prob- think somebody else is paying the bill. fears on health care and Medicare than lems that are in front of us. I will end with this story. I see my fix the problem. To the seniors out there who are on colleague from Alabama is here. I have What I hope seniors will do over this Medicare, nobody is proposing any im- delivered thousands of babies, but next year, as they hear the politicians pact on you today for the next 10 years. there is a particular group I always en- make all these wild claims about peo- Any proposal would be for those people joyed delivering for because they are ple’s motivations and the damage to who are 55 and less and we are saying unique. They were the best purchasers Medicare, is when you hear that, think we have to change it so we can keep it. of health care I have ever encountered. about that in light of your grand- If we do not change it, nobody is going They are from a little town called children. Think about yourself and to have it. By the way, we are going to Inola and another called Chouteau, OK, what you want versus what you want have trouble surviving if we don’t and they are Amish. When they come your grandchildren to have because change it because we are not going to to buy health care—they don’t have there is no question that the $14.2 tril- be able to manage this tremendous health insurance, by the way. Very few lion and under the President’s budget amount of debt which is over $55,000 of them have a college education. They the $23 trillion we are going to have at per man, woman, and child in this work with their hands. They are into least in 9 more years is going to be paid country today. dairy or carpentry or farming or some- back by them, not you. What that real- We have to think about our thing, but they work with their hands. ly means is they are going to have a far grandkids. We have to quit listening to They have lots of good common sense. lower standard of living than you do so the political shill who says somebody I can tell my colleagues without a you don’t have to get out of your com- wants to hurt you. Everybody who has doubt that of the 500 Amish babies I de- fort zone. put forward ideas on Medicare has a le- livered, they bought that service from I trust America a whole lot more gitimate basis with which to be critical the hospital, from me, from the radi- than I trust the U.S. Congress. We have of any other. But any politician in the ologist, and from the labs at 40 percent a $1 trillion deficit of common sense in Senate or the House who has not put less than anybody else bought it. Why Washington, and we have an excess of forth their solution to get us out of the is that? It is because they were great common sense outside of Washington. problems you should give no quarter consumers of health care and the If you will trust your common sense to. You should not listen to the first money was coming out of their pock- and look at what we are doing, what word they say because what they are ets. They didn’t think somebody else you will find is we can solve our prob- thinking about is the next election. was paying for it. They knew they were lems, we can come together as a na- They are thinking how do I take ad- paying for it, so therefore they asked tion, we can fix what ails us, and we

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3411 can do that without destroying the fu- Let me give an example. We had the Mr. SESSIONS. Seventy-one percent. ture of our children and grandchildren. small business bill up—the only thing Does my colleague think perhaps that I yield the floor to my colleague from we have done of significance since we some of us here in Washington are Alabama. have been back in this session. It took overly afraid of being frank and truth- The PRESIDING OFFICER. The Sen- 2 weeks to get a bipartisan amendment ful with our constituents about the ator from Alabama. that would save $5 billion out of the challenges America faces? Mr. SESSIONS. I ask unanimous con- duplication that was reported by the Mr. COBURN. Well, I would answer sent to enter into a colloquy with Sen- Government Accountability Office— through the Chair that I think we are ator COBURN, if he has a moment to hundreds of billions of dollars. It took perplexed. We know intellectually that stay, for up to 10 minutes. 2 weeks to finally get a vote on that. there is a big problem, and we have The PRESIDING OFFICER. Without My colleague from Virginia and I co- this challenge: Do I go down this path objection, it is so ordered. sponsored that. It won. That is one of and do the best thing for the country Mr. SESSIONS. Mr. President, Sen- the reasons we didn’t finish the bill, is or do I go down this path to do the best ator COBURN served on the debt com- because they don’t want to do that. thing for me? mission. Senator COBURN had no bur- They don’t want to make the hard I look at politics differently than den to run for reelection. I am so glad choices. So it is an abrogation of our most of our colleagues. To the Senator he did. He is one of the most valuable responsibility to not do the hard part from Alabama, I would say I don’t real- Members of this Senate. that comes with the job. ly care whether I am here; I care I have an understanding that the The job comes with a whole lot of whether America is here. But the point Senator from Oklahoma came here to rasping on your skin. You are going to ought to be, how do we secure the vote try to do something about the debt this get criticized. But the ultimate fatal and how do we establish trust with the country faces. Is that fair to say? criticism is to make a choice not to American people? Mr. COBURN. That is correct. Mr. SESSIONS. The Senator believes get—put yourself in a position to be If my colleague will go with me—and this Congress has a responsibility to criticized. So what we are saying is we I know he knows this—look at the con- confront what Admiral Mullen calls are going to do nothing. We are not fidence in the Congress of the people in the greatest threat to our national se- going to do what we are constitu- this country. Why is there a lack of curity, which is our debt. tionally supposed to do by April 15 confidence? Why is it that 80 percent of The Senator also has tremendous ex- every year; that is, have a budget. We the people of the United States didn’t perience as a practicing physician. The are not going to debate the issues. We have any confidence in Congress? I can Senator practiced up until the very day are not going to cast our votes because tell my colleague why. It is because we he was elected. How many years ago somebody may affect somebody’s elec- have milked trust and credibility from was that? tion outcome. How big of cowards are those very people. Mr. COBURN. Seven years. we that we can’t defend the vote we I get letters all the time from people Mr. SESSIONS. Seven years ago. He make? I don’t have any problem. You who disagree with me. They will write continued to practice even while in the throw the hardest vote from the other me, and I actually—I am involved in Senate until the bureaucrats made it side at me, and I will make a decision every answer to every inquiry that impossible, I guess, to do so. So the on it, whether I think it is right or comes into my office. I actually read Senator from Oklahoma comes here wrong, and then I will defend it. But to them because I want to know what the with practical experience, a brilliant not vote at all is an absolute abroga- people from Oklahoma say. But even mind, and a committed vision for tion of our oath, and that is the leader- though they disagree with me, they America. ship we are experiencing. It is not just vote for me because they trust me be- I appreciate the Senator sharing his Democratic leadership. We have some cause I am not gaming them as they frustration about what has occurred on our side who don’t want to cast hard have seen with the gaming on Medi- this week. votes either. care. This is a quote that was in the Wall The point is, the American people Our problems are real. The solutions Street Journal by Democratic Senate need us to be casting hard votes now. are difficult. But America can over- strategists about this scheme and plan Our problems are greater than at any come that if we come together. If we that was offered in four votes yester- time since World War II. The challenge stay divided as we have seen here with day—votes the majority had conceived to our country is greater than World no budget votes, no hard votes, and we in such a way that they were guaran- War II. The outcome of our Republic try to game it politically, what we are teed to fail and nothing was going to depends on us solving the very real and doing is undermining our country’s fu- happen. It was a guaranteed plan to en- urgent and difficult problems in front ture. It doesn’t matter who wins the sure nothing would happen. This is of us and doing so in a way that pre- next election; what we need to do is what the journal said about it: serves the future of this country and save America. As a political matter, Democratic strate- reestablishes and reforms us to where Mr. SESSIONS. Mr. President, the gists say there may be little benefit in pro- we get our mojo back so we can start Senator has served on the debt com- ducing a budget that would inevitably in- believing in ourselves again. To not do mission. I know there has been a con- clude unpopular items. it and to not have the courage to sac- certed effort to blame and exaggerate The Senator is famous for telling the rifice your own position for the better- and distort the House budget, particu- truth. If he would, I would like him to ment of this country—that is what we larly as it refers to Medicare. respond to that. What does that say ought to be about, and I don’t see that. Again, quoting Democratic Senate about our Senate, that the Democrats Mr. SESSIONS. Let me ask the Sen- strategists, this is what the Wall say there would be little political ben- ator. The Senator just won an over- Street Journal said: efit in producing a budget that might whelming reelection. There is not a Many Democrats believe a recent House include unpopular items? Doesn’t a Senator here, I don’t think anybody GOP proposal to overhaul Medicare is prov- tough budget that gets us on the right would dispute, who has been more ing to be unpopular and has given Democrats path have to have some things in it frank in expressing the need that all of a political advantage. They are loath to give that up by proposing higher taxes. that some people might not like? us are going to have to rein in our Mr. COBURN. Well, to my colleague, spending and who shared that directly Which they would prefer as a solu- through the Chair, I would answer, with his constituents. When they have tion. What is our obligation? Is our obliga- asked for things, the Senator from Senate Democrats plan to hold a vote on tion to win the next election or is our Oklahoma has tried to help them, I the Ryan plan . . . obligation to solve the problems in know, but he is frank with his con- Which they did yesterday— front of our country? It is not even a stituents. . . . hoping to force GOP Senators to cast a matter of having votes. We can’t even Would the Senator share with us vote on the Medicare overhaul that could get bills on the floor for the Members what kind of percentage he got in the prove politically difficult. that actually would save some money last election? I say to Senator COBURN, you served right now. Mr. COBURN. I got 71.8 percent. on the debt commission. This is what

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3412 CONGRESSIONAL RECORD — SENATE May 26, 2011 your commission chairman said in a but we have to do it together, and we United States, who sells airplanes written statement after PAUL RYAN cannot deny that the problems exist. around the world and makes them in and the House Republicans produced Mr. SESSIONS. I thank Senator the United States. The complaint basi- their budget: COBURN for his leadership. I have cally said there was prima facie evi- The budget released this morning by the watched him with admiration over the dence of illegal discrimination because House Budget Committee Chairman PAUL years with consistency and fidelity for Boeing has decided to expand and build RYAN is a serious, honest, straightforward the national interest to work to bring a production plant in South Carolina. approach to addressing our nation’s enor- our spending under control. Boeing’s main operation is in Wash- mous fiscal challenges. We applaud him for I see our colleague, Senator ALEX- ington State, a State without a right- his work in putting forward a proposal which will reduce the country’s deficit by approxi- ANDER, in the Chamber, and I will yield to-work law. In contrast, South Caro- mately the same amount as the plan of the the floor. I will just follow up, before I lina is a State with a right-to-work President’s Fiscal Commission. do that, with a quote from Erskine law. This is notwithstanding the fact They also went on to say that if you Bowles. that Boeing has already added 2,000 em- criticize it, you have a responsibility When the President announced his ployees in Washington State since an- to offer an alternative. budget not long after the deficit com- nouncing its expansion. At the same I say to the Senator, you served with mission he called together had made time, it has nearly finished this new Mr. Bowles. He was a Democratic Chief some pretty good proposals about how plant in South Carolina, spending $1 of Staff to President Clinton and was to improve fiscal matters in the United billion, hiring 1,500 construction work- appointed by President Obama to chair States, Mr. Bowles was, obviously, ers and over 500 employees to work in this commission. That does not sound deeply disappointed with what the the facility. Then, all of a sudden, here like the things we heard yesterday, at- President submitted and said this plan comes this complaint. tacking the House Ryan budget, does goes ‘‘nowhere near where they will This is not just a South Carolina it? have to go to resolve our [country’s] matter. It affects the entire country Mr. COBURN. It does not. But it is fiscal nightmare.’’ and many of us have spoken out about interesting to note that the President’s I think there is a consensus that we it. I want to review it just for a mo- deficit commission was set up by the are facing a fiscal nightmare. We are ment. President and had six of his nominees going to have to take some serious This complaint against Boeing is just on it. It had six Republicans and six steps in that regard. one indication of the Administration’s Democrats. Five of the six Presidential Mr. President, I think there are some anti-business, anti-growth, and anti- nominees he nominated agreed with other Members who have reserved jobs agenda. That is why Senators the deficit commission, three of the six time. If there are no other Members GRAHAM, DEMINT, and I—actually there Republicans agreed, and three of the here who have reserved time after Sen- are 35 Senators who are cosponsoring Democrats—a pretty good meeting in ator ALEXANDER completes his re- this bill—have introduced the Job Pro- the middle. Yet the President did not marks, I ask unanimous consent that I tection Act, to protect right-to-work embrace the results of his own commis- be recognized at that time. states and employers from an inde- sion, did not embrace the results of the Mr. ALEXANDER. Mr. President, I pendent government body run amok. people he appointed. So what was the will not object. I say to Senator SES- Our bill preserves the Federal law’s purpose of that exercise? Was it to SIONS, I think Senator HATCH is ex- current protection of state right-to- make political hay or was it to solve pected to come down. That is the only work laws in the National Labor Rela- the problems? one I know of. tions Act and provides necessary clar- The fact is, I have five colleagues in Mr. SESSIONS. As I said, my consent ity to prevent the NLRB from moving the Senate who have been working would be that if anyone has reserved forward in its case against Boeing or hard on that over the past 5 months to time, they would get it before I will attempting a similar strategy against try to build a bipartisan agreement out speak. other companies. of the basis of that. That is what has to The PRESIDING OFFICER. Without Now it seems the NLRB wants to happen—except politics. objection, it is so ordered. change the rules governing how and I go back and just refer to my col- The Senator from Tennessee. when a company can relocate from one league, if you look at the history of re- Mr. ALEXANDER. Mr. President, I State to another. According to a May publics, the track record is not very congratulate Senator SESSIONS and 10 internal memorandum from the good. The average age of the world’s re- Senator COBURN for their principled re- NLRB General Counsel’s Office, they publics is 207 years. That is our average marks about the phenomenon of Wash- want to give unions power over major age. We are 27 years past the average. ington spending. We are borrowing 40 business decisions and require compa- The question is, Can we cheat history? cents of every dollar we spend. We can- nies, such as Boeing, to collectively Can we not fall like the rest of the re- not keep spending money we do not bargain if it wants to relocate a facil- publics over the very same things? have. And we want to save Medicare. ity. They all fell over fiscal issues. They let So those two major difficult decisions As was explained by James Sherk, a their spending get out of control, they are things that we need to work on to- senior policy analyst in labor econom- let their debt get out of control, and gether—to stop spending money we do ics, and Hans A. Von Spakovsky, a sen- then they could not afford the promises not have and saving Medicare. We can ior legal fellow at the Heritage Foun- they made. do both if we put our minds to it. dation, in a recent article in National I will say to my colleague, this is not Mr. President, I ask unanimous con- Review Online: an issue of the budget chairman. This sent to speak for up to 15 minutes. NLRB wants to force companies to provide is an issue of the leadership of the Sen- The PRESIDING OFFICER. Without detailed economic justifications (including ate that does not want a budget. We underlying cost or benefit considerations) for objection, it is so ordered. relocation decisions to allow unions to bar- ought to be very clear that the Amer- Mr. ALEXANDER. Mr. President, if gain over them—or lose the right to make ican people know that Congress is not you would let me know when 1 minute those decisions without bargaining over doing its job—this body, for sure—be- remains, I would appreciate it. them. . . . Either way, businesses would have cause we are not making the hard f to negotiate their investment plans with choices we were sent up here to make. union bosses. What we are doing is punting. We are JOB PROTECTION ACT AND THE Sherk and von Spakovsky describe going to come to a crisis, and the crisis NLRB this as a ‘‘heads I win, tails you lose’’ is going to be painful, and it is going to Mr. ALEXANDER. Mr. President, scenario for unions. These decisions be- be much more painful than had we last month the Acting General Counsel long in the corporate boardroom, not made the hard choices today. of the National Labor Relations Board at the collective bargaining table. So I want to thank the ranking mem- (NLRB) filed a complaint against the The goal of this NLRB is to place the ber of the Budget Committee for his nation’s largest exporter, the Boeing interests of organized labor over those leadership. We can solve any problem company—a company with 170,000-some of business, shareholders, and economic in front of us, Mr. Ranking Member, employees, 150,000 of which in the growth. Their means is to change well-

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3413 established law governing business de- maintained. But, what the NLRB and would drop his case against Boeing if cisions under the National Labor Rela- Associate General Counsel are now pro- the company agreed to build 10 planes tions Act. posing goes much further, changes un- in Washington, rather than 7. Specifi- The Supreme Court has reasoned derstood law, and places an unreason- cally she said: that ‘‘an employer must have some de- able burden on employers. We are not telling Boeing they can’t build gree of certainty beforehand as to when As was observed by Sherk and planes in South Carolina. We are talking it may proceed to reach decisions with- Spakovsky, this new test would raise about one specific piece of work: three out fear of later evaluations labeling the costs to businesses by dragging on planes a month. If they keep those three planes a month in Washington, there is no its conduct an unfair labor practice. collective bargaining, by preventing problem. Under the Dubuque Packing case and them from legally executing a decision So they can build planes in South subsequent NLRB jurisprudence, a that is in the best interests of their Carolina, just not the three they had company may make a major business shareholders until bargaining hits an planned. So now the Federal Govern- decision, such as relocation, outside of impasse, and by forcing them to pro- ment or the NLRB is sitting on collective bargaining. Accordingly, the vide detailed economic justification Boeing’s board and determining the burden is initially on the NLRB’s Gen- and negotiate their investment plans means of production for American in- eral Counsel to establish that an em- with union bosses before having the dustry while the economy continues to ployer’s decision to relocate work is right to execute a relocation plan. Ef- struggle. In Tennessee, we have had 24 unaccompanied by a basic change in fectively, it would give a union a seat months of 9 percent unemployment. the nature of the employer’s operation, at the board of directors through the Our job is to make it easier and such as being part of an overarching re- force of law and tip the scales of justice cheaper for the private sector to create structuring plan. in their favor. If employers do not com- jobs. The NLRB is not acting in the The Dubuque test was most recently ply, then they will lose the right to best interests of American workers applied by the NLRB in holding that an later claim their relocation decision through its continued attempts to de- employer, Embarq Corporation, did not did not have to be collectively bar- part from well-established law and dic- violate the law by refusing to provide gained under the National Labor Rela- tate integral business decisions to com- information about or bargain over a tions Act. panies. planned relocation of its Nevada call So as with the NLRB Acting General I ask unanimous consent to have center to Florida. Both of those happen Counsel’s action against Boeing, this printed in the RECORD a memorandum to be right-to-work States, as Ten- potential new posture by the Office of from the Associate General Counsel of nessee is. the General Counsel represents a de- NLRB, dated May 10, as well as an arti- In a concurring opinion, NLRB Chair- parture from well-established law. cle from National Review Online, dated man Liebman expressed her desire to They do not like the outcome, so they May 16. change the rules governing relocation want to change the rules and give There being no objection, the mate- decisions and collective bargaining. unions greater leverage over their em- rial was ordered to be printed in the The Chairman noted her displeasure ployers, who provide the jobs in the RECORD, as follows: that, in her words, ‘‘the law does not first place. They are more concerned OFFICE OF THE GENERAL COUNSEL, compel the production of’’ information about producing outcomes that facili- DIVISION OF OPERATIONS-MANAGEMENT fully explaining the underlying cost or tate the collective bargaining process, May 10, 2011. benefit considerations of a company’s rather than those that foster economic MEMORANDUM OM 11–58 relocation decision. The Chairman then growth, exports, and jobs. To: All Regional Directors, Officers-in- suggested requiring employers to pro- Those decisions are best left to the Charge, and Resident Officers. vide unions with economic justifica- owners, officers, shareholders, and di- From: Richard A. Siegel, Associate General tion wherever there was a ‘‘reasonable rectors of businesses, not organized Counsel. likelihood’’ that labor-cost concessions labor or the Federal Government. This Subject: Submission to Advice of Informa- tion Cases in Relocation Situations. might affect an impending decision to potential change in well-established In Embarq Corp., 356 NLRB No. 125 (2011), relocate. law would be another blow to manufac- the Board held that the Employer did not In practice, the burden would shift to turing growth and expansion in the violate Section 8(a)(5) by refusing to bargain the employer, before making its reloca- United States and further incentive for with the Union over its decision to close a tion, to advise and explain to its union manufacturers to expand or open a new call center in Nevada and relocate that work the basis for its decision, supported by facility in Mexico, in China, or in India to its call center in Florida. Applying Du- detailed economic justification. Then, to meet their growing need. buque Packing Co., 303 NLRB 386 (1981), en- if it does turn on labor costs, the em- Republicans are not the only ones forced in pertinent part, 1 F.3d 24 (D.C. Cir. 1993), cert. denied, 511 U.S. 1138 (1994), the ployer would be required to provide the who are outraged by the direction the Board found that, although the decision did union with information supporting the NLRB seems to be headed. William not involve a change in the scope or direc- labor cost/savings underlying its deci- Gould, who chaired the NLRB during tion of the enterprise, and labor costs were a sion. If the employer failed to provide the Clinton administration, was re- factor, the relocation was nevertheless not a such information and labor costs were cently quoted in Slate magazine ex- mandatory subject of bargaining because the a factor, it would be precluded from pressing his unease with the board’s ac- Union could not have offered labor-cost con- making those decisions without collec- tion. Specifically, he said, ‘‘The Boeing cessions sufficient to alter the Employer’s decision. The Board also dismissed an allega- tive bargaining. case is unprecedented,’’ and he tion that the Employer had violated Section Following this decision against ‘‘doesn’t agree with what the [Acting] 8(a)(5) by refusing to provide information Embarq Corporation, the NLRB Asso- General Counsel has done [by] . . . try- relevant to its relocation decision; since the ciate General Counsel issued an inter- ing to equate an employer’s concern decision was not a mandatory subject of bar- nal memorandum on May 10 suggesting with strikes that disrupt production gaining, there was no obligation to provide that Chairman Liebman’s new test and make it difficult to meet deadlines information about it. should now be examined and considered . . . with hostility toward trade union- In a concurring opinion, however, Chair- man Liebman suggested that she would con- in all cases concerning relocations that ism.’’ That is the Clinton Administra- sider modifying the Dubuque Packing frame- come before the board. tion’s NLRB General Counsel. work with regard to information requests if Now, I am all for requiring employers Coming back to the Boeing issue, a party were to ask the Board to revisit ex- to provide advance notice to their which is set to be heard by an adminis- isting law in this area. Specifically, she iden- labor organizations and offering the trative judge on June 14, recent com- tified an anomaly in present law, which pro- economic reasons for a proposed relo- ments in the press from an NLRB vides somewhat inconsistently that: (1) an cation, a shutdown, or a transfer of ex- spokeswoman shed further light on employer would enhance its chances of es- isting or future work. Providing notice how the board’s agenda flies in the face tablishing that labor-cost concessions could not have altered the decision, under the Du- and reasoning is already required under of the very concept of capitalism. buque Packing standard, ‘‘by describing its existing law and jurisprudence. We in- On May 19, various press outlets reasons for relocating to the union, fully ex- cluded this in our Job Protection Act quoted this spokeswoman suggesting plaining the underlying cost or benefit con- to make sure the spirit of the law was that the NLRB Acting General Counsel siderations, and asking whether the union

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3414 CONGRESSIONAL RECORD — SENATE May 26, 2011 could offer labor cost reductions that would cate that work to its call center in Florida ging them into the wall. I am talking enable the employer to meet its profit objec- (also a right-to-work state). about electric cars and light trucks tives,’’ 303 NLRB at 392, and (2) a union is Specifically, the NLRB wants to force com- that almost every major manufacturer not entitled to such information if the Board panies to provide detailed economic jus- is now beginning to make, and we do determines in hindsight that the union could tifications (including underlying cost or ben- not have made sufficient concessions to efit considerations) for relocation decisions not have to build one new powerplant change the decision and therefore that the to allow unions to bargain over them—or to do it. decision was not a mandatory subject of bar- lose the right to make those decisions with- Last week Senator MERKLEY and I gaining. Chairman Liebman would consider out bargaining over them. It is a ‘‘heads I appeared before the Energy Committee modifying the Dubuque Packing framework win, tails you lose’’ situation for unions. Ei- to talk about our legislation, the Pro- by requiring employers to provide requested ther way, businesses would have to negotiate moting Electric Vehicles Act. I said to information about relocation decisions their investment plans with union bosses. In the Committee: The main differences whenever there is a reasonable likelihood the concurrence that she wrote in the between the bill this year and the one that labor-cost concessions might affect the Embarq decision Liebman expressed her dis- the Committee reported last year by a decision. She posits that, if the employer pleasure that ‘‘the law does not compel the vote of 19 to 4, a good bipartisan vote, provided the information and the union production of’’ such information to unions. failed to offer concessions, the union would What Liebman envisions would raise busi- is that the price of gasoline is higher be precluded from arguing to the Board that ness costs enormously. Current labor law than it was last year and our bill costs it could have made concessions. If, on the and the attitude of the pro-union NLRB en- less than it did last year. other hand, the employer failed to provide ables unions to drag negotiations on . . . and Encouraging electric vehicles is an such information where labor costs were a on . . . and on. Until bargaining hits an ‘‘im- appropriate short-term role for the factor, it would be precluded from arguing passe,’’ employers could not legally make Federal Government. Our legislation that the union could not have made suffi- any business changes opposed by their union. establishes short-term incentives for cient concessions. The NRLB’s goal is not just to prevent the wide adoption of vehicles in 8 to 15 The General Counsel wishes to examine the companies from investing in right-to-work pilot communities. Our legislation ad- concerns raised by Chairman Liebman in states. The board apparently also wants to Embarq, and determine whether to propose a force employers to make unions ‘‘an equal vances battery research. The $1 billion new standard in cases involving these kinds partner in the running of the business enter- that we save relative to last year’s bill, of information requests. That determination prise,’’ something the Supreme Court ruled we save by avoiding duplicating other will be made based upon a case-by-case re- in First National Maintenance Corp. v. research programs. view of submissions to the Division of Ad- NLRB and is specifically not required by the Finally, if you believe that the solu- vice. Therefore, Regions should submit to NLRA. But the board wants business deci- tion to $4 gasoline and high energy Advice all cases presenting the question of sions made to benefit unions, not the share- prices is finding more American energy whether an employer violated Section 8(a)(5) holders, owners, and other employees of a and using less of it, as I do, electric by refusing to provide information related to business, or the overall economy. The Boeing cars and trucks are the best way to use a relocation or other decision properly ana- charges are evidently just a first step toward less. lyzed under Dubuque Packing. that goal. Electrifying half our cars and trucks Signed, f R.A.S. can reduce the use of our foreign oil by EXTENSION OF MORNING one-third, saving money on how we fuel [From the National Review Online, May 16, BUSINESS our transportation system and cutting 2011] Mr. ALEXANDER. Mr. President, I into the billions of dollars we send THE NEW NLRB: BOEING IS JUST THE ask unanimous consent that morning overseas for foreign oil. So instead of BEGINNING making the speech for the rest of my business be extended until 9 p.m. with (By Hans A. von Spakovsky and James time, let me tell a short story. It is a Senators permitted to speak for up to Sherk) story of Ross Perot, the famous Texan, 10 minutes each. The National Labor Relations Board and how he made his money. (NLRB) raised a lot of eyebrows by filing a The PRESIDING OFFICER. Without Back in the sixties, he noticed that complaint against Boeing for opening a new objection, it is so ordered. the big banks down in Dallas were plant in a right-to-work state. But that ac- f locking their doors at 5 o’clock, and tion is just the beginning of the board’s ag- the banks had all of these big com- gressive new pro-union agenda. An internal ELECTRIC VEHICLES puters in the back room, and they were NLRB memorandum, dated May 10, shows Mr. ALEXANDER. Mr. President, locking them up too. They were not that the board wants to give unions much Senator CORKER and I had the privilege greater power over employers and their in- using them at night. of being in Chattanooga, Tennessee on So Mr. Perot made a deal with the vestment and management decisions. Monday for the opening of Volks- Under current NLRB rules, companies can banks. He said: Sell me your unused make major business decisions (like relo- wagen’s North American plant. It was a computer time. And they did at cheap cating a plant) without negotiating with great day for our country. Here is a rates. Then he went to the States and their union—as long as those changes are not major global manufacturer making in talked to the Governors—this is before primarily made to reduce labor costs. For ex- the United States what it plans to sell I was a Governor—and he made a deal ample, a business can unilaterally merge in the United States. We salute Volks- with the States to use that cheap com- several smaller operations into one larger fa- wagen. I salute Chattanooga and Ten- cility to achieve administrative efficiencies. puter time to manage Medicaid data. nessee. One-third of the manufacturing He made $1 billion. Companies only have to negotiate working jobs in our State are auto jobs. There conditions, not their business plans. In the same way, we have an enor- The NLRB apparently intends to change was a new Volkswagen Passat that gets mous amount of unused electricity at that. In the internal memorandum, the 43 miles a gallon. That is good news for night. A conservative estimate is that board’s associate general counsel, Richard Americans who are paying $4 or more a we have an amount of energy that is Siegel, asks the NLRB’s regional directors to gallon for gasoline. unused at night that is equal to the flag such business-relocation cases. Siegel But as I was there at that celebration output of 65 to 70 nuclear power plants explains that the Board is considering for these new fuel-efficient cars, and between 6 p.m. and 6 a.m. If we were to ‘‘whether to propose a new standard’’ in earlier this week at a hearing of the these situations because the chairman of the use that resource to plug in cars and NLRB, Wilma Liebman, has expressed her Energy Committee, I was thinking: trucks at night, we could electrify 43 desire to ‘‘revisit existing law in this area’’ What if I were to say to you or to any- percent of our cars and trucks without by modifying the rule established in a case one I might see, while you are wor- building one new powerplant. It is a called Dubuque Packing. rying about $4 gasoline: Did you know very ambitious goal, to imagine elec- Apparently, Liebman did not like having that we have enough unused fuel sit- trifying half our cars and trucks. It to apply the Dubuque Packing rules in a re- ting over here, that is not oil, to power would take a long time to do it, but it cent case involving the Embarq Corporation 40 percent of our light cars and trucks is the best way to reduce our use of for- and the AFL–CIO. The NLRB decided that at a lower cost? under the Dubuque Packing rules, Embarq eign oil. did not violate the National Labor Relations That is right. We have enough unused I suspect that is the greatest unused Act by refusing to bargain with the union power every night to power 40 percent resource in the United States. What if over its decision to close its call center in of our light cars and trucks. Every someone proposed building 60 or 65 nu- Las Vegas (a right-to-work state) and relo- night. We can do that by simply plug- clear powerplants. Actually, I proposed

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3415 building 100. But if we tried to build 60 There is some suggestion that this mittee by April 1 and that a budget be or 65 more, it would take us 30 or 40 committee should also appropriate the produced by April 15. Congress does not years and cost us $1⁄2 trillion. That is if money. I would respectfully suggest go to jail if it is not passed, I will ac- we could even do it. that we are in a 2-year period where we knowledge. There is no fine. Perhaps Another reason I think this will work have no earmarks because authorizers there should have been. is because it is easy for consumers, and didn’t like appropriators authorizing. Congress writes laws. I guess they I am one. For 2 years, I drove a Toyota Well, let’s be consistent and say to au- make sure that no consequences occur Prius, and it had an A123 battery in it. thorizers, ‘‘You shouldn’t be appro- when they apply to them and they do I increased my mileage to about 80 or priating.’’ Let’s just do the job of au- not comply with their duties. 90 miles a gallon. I just plugged it in at thorizing. Senator MERKLEY and I have The majority leader decided to keep night at home. Very simple. I now have agreed that we will not try to pass this us in pro forma session through the a Nissan Leaf. It is all electric. I have bill when it comes to the floor unless week but to do it in a way that guaran- an apartment nearby the Capitol. I just we can agree to do it in a way that does tees we will take no action on a budg- plug it in at night. I don’t even have a not add to the debt. et. This is a sad thing. It is not a little charger. I just plug it into the wall, So, in summary, I would say it is bitty matter. Our Congress knows we and I can drive it about 2 hours every time to address $4 gasoline and high are in a serious national crisis. I think day and plug it in at night. I have not energy prices. To do that, we need to we can’t deny it, and we have to figure bought any gas since January, since I find more American energy—offshore, out how to respond to it. got my Leaf in Washington, DC. on Federal lands, and in Alaska—but I hope this letter—and I will make it I have had no problems, either with we also need to use less. The single a part of the RECORD—to the majority the modified Toyota Prius that I drove best way to use less is to jump-start leader will have some impact on our for 2 years, or with the Nissan Leaf the use of electric cars and trucks. colleagues and cause them to recon- that I have driven now for about half a Electricity is just a delivery system. sider the actions that have been taken year. Almost every car company is The fuel comes from a whole variety of so far. This is what it says: making electric cars today or will soon things: natural gas, coal, and other DEAR MAJORITY LEADER REID: Today have them on the market. things. marks the 757th day since Congress last So if the extra electricity is avail- adopted a conference report on a budget res- So we jump-start the use of that able—and electric vehicles are easy to olution. But while the Republican House has huge resource that we have just sitting use, and car companies are making met its obligations this year, the Democrat- there unused every single night. Our them, then why do we need for the gov- led Senate remains in open defiance of the committee approved this bill once be- ernment to be involved? That is a good law—last year the Senate did not even call fore. The problem is worse today than up a budget for a vote and this year the Sen- question. For one thing, it is the ur- it was when they approved it last year. ate Budget Committee has not even marked gency of the problem: $4 gasoline is The bill costs less than it did when up a resolution, as required under Sec. 300 of killing our economy. It is throwing a they approved it last year. It is an ap- the Congressional Budget Act of 1974. big wet blanket over it. Despite this dubious distinction, the Sen- The only solution is find more, use propriate role for the Federal Govern- ate plans to adjourn for a week-long recess less. This is the best way to use less. ment. We will work to make sure if on Friday to coincide with Memorial Day, a To my Republican colleagues, I have this body were to pass it that it does holiday that honors our men and women in said before our Committee, and I would not increase the debt. uniform. As our service members put their say today what we have been saying for I urge my colleagues to report the lives on the line to defend this nation, surely bill to the floor and to consider encour- the least Congress can do is produce a plan 3 years in our caucus: Find more and to confront the debt that is placing the use less. aging electric cars and trucks as the single best way to use less energy and whole country at risk. House Republicans We have criticized Democrats for put forward just such a budget weeks ago— wanting to use less without really reduce the use and reduce the cost of an honest plan for prosperity to overcome wanting to find more, and we are sub- gasoline. this nation’s dangerously rising debt, cut ject to the same criticism if we want to I thank the Senator from Alabama wasteful Washington spending, and make our find more—which I think we should— for his courtesy and for listening to my economy more competitive. offshore, on Federal lands, and in Alas- remarks. But, in this time of economic danger, the ka, and then we do not have a credible I yield the floor. Senate continues to stonewall any and all action on a FY2012 budget. For this reason, way to use less. Electric cars and The PRESIDING OFFICER. The Sen- ator from Alabama. we respectfully request that you delay any trucks are the best way to use less. adjournment of this body until you or mem- Another criticism is that our bill f bers of your party in the Senate bring for- interferes with the marketplace. It ADJOURNMENT RESOLUTION ward a budget resolution and schedule a does, but in a short-term and limited meeting of the Budget Committee—a power way. Short-term incentives for new Mr. SESSIONS. Mr. President, today which resides solely with the majority—to technologies—to jump-start nuclear the Senate declined to vote on whether work on that budget. energy, to jump-start natural gas to recess. Someone said the Repub- In an interview last week, you stated, licans blocked the Senate from ‘‘There’s no need to have a Democratic budg- truck fleets, to jump-start electric cars et in my opinion . . . It would be foolish for and trucks in 4 to 5 years—I think are recessing. That is not correct. Repub- licans wrote a letter to the majority us to do a budget at this stage.’’ We find appropriate, given the urgency of the these remarks shocking, especially given the problem. If I am here in 5 years, I will leader and said we should not recess state of our fiscal affairs: the co-chairs of be the first to say this should be the until we have plans set forth and begin President Obama’s own fiscal commission re- end of it. If I am not, I will come back to take action to deal with the budget cently warned that, if we do not take swift and argue for its repeal. that we have not passed that is re- and serious action to address our rising debt, Finally, conservative groups across quired by law to be passed. the United States faces ‘‘the most predict- the country have said national security That is what was done. So when it able economic crisis in its history.’’ comes down to the moment to move to The House completed its work on the demands that we do this. Gary Bauer, FY2012 budget resolution on April 15th. But president of American Values, as well recess and vote to recess, as we are re- no budget can become binding until the Sen- as Richard Land, president of the Eth- quired to do to have a recess, a unani- ate acts. In our view it would be an astound- ics and Religious Liberty Commission, mous consent, or an actual vote, the ing abandonment of responsibility for the endorsed our bill last year, saying that majority leader chose not to vote. I Senate to go on recess without having taken national security concerns overwhelm guess he wanted to protect his mem- any steps to produce a budget. We hope that, any opposition to it, and it is the best bers from having to actually be re- as required by law and in your capacity as way to displace our use of oil. That was corded voting to recess this body when Majority Leader, you change course and fol- them talking. we have not done our work. low the example of the Republican-led House Can we afford it? Well, our proposal The Budget Act, in the United States and provide the American people with the honest leadership and the honest budget is $1 billion cheaper, it is an authoriza- Code, in the Code book, the Budget Act they deserve. tion bill, and we should be setting pri- requires that the Senate commence Until a budget plan is made public, and orities. markup hearings in the Budget Com- until that plan is scheduled for committee

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3416 CONGRESSIONAL RECORD — SENATE May 26, 2011 action, on what basis can the Senate justify has been terribly misrepresented, but tential to damage our economy in a returning home for a one-week vacation and he is prepared to defend it, explain it, very significant and substantial way. It recess while our spending and debt continue and talk to anybody about it. could put us in another recession. That to spiral dangerously out of control? We appreciate your thoughtful consider- But if our colleagues in the Senate is what Mr. Bowles was talking about— ation of this request and welcome any ques- fail to produce a budget—don’t produce a debt crisis, another recession. Maybe tions you might have. one at all—it is kind of hard to hold it could be perhaps worse than the one We are out of sorts. The American them to account, isn’t it? That is why we are in. Our projection for a fragile people are not happy with this Con- it is pretty clear that Senator REID growth is not coming back as much as gress. They say our polling numbers said: Why, it is foolish for us to have a we would like it to. One reason, expert are the lowest they can get. In last budget. It is foolish for us to have a economists tell us, is that we are car- fall’s election, there was a shellacking, budget because we would then be in a rying too much debt and that has the particularly of the big spenders, the position to be held accountable. Was he potential to pull down our economy. ones who want to have more govern- talking about foolish for America to I think we are in a crisis. I think the ment programs and create more debt. have a budget? Was he expressing a economy is so naturally strong, the There was an accounting and I guess view that it is better for America that American people have so many capa- there will be an accounting in the next we have a budget? No. When he said it bilities and such a good work ethic election and we all better be sure we is foolish for us to produce a Demo- that if we get the economy under con- have tried to respond faithfully to the cratic budget, he was talking purely trol and our fiscal house in Washington challenges America faces. politically. He was saying we think it under control, I believe the economy What has happened this week is a is smart politics for us not to put our will come back. But we need to do it mockery, a sham, a joke. We had four necks on the line to actually expose to now, and every day we delay increases votes yesterday. Each one of them was the American people what we believe the risk that we will have a crisis carefully and sophisticatedly struc- in. We would rather be in a position to occur. tured to fail. The one that failed the criticize those people in the House who I thank the Chair. I saw my col- LOBUCHAR. I know she biggest was President Obama’s budget. actually had the gumption—I guess he league, Senator K wants to speak tonight. I will repeat It was voted down unanimously by this would say the foolish sense—to pass a that this matter is not over. We are in body, with zero votes. It was all de- budget and tell the American people a long-term battle for the future of signed to suggest it is impossible for what they think. America. We are in a long-term battle the Senate to pass a budget. But the I have to say that is not a good situa- for the financial security of our Na- Senate doesn’t even require a super- tion. We didn’t have a budget last year. tion. Yes, it is about our grand- majority to pass a budget. Under the We are not having one this year. Is children. But as Mr. Bowles told us and Budget Act that we have, it provides there any wonder, then, our deficits Alan Simpson told us and Alan Green- that it has a preference, has to be continue to spiral out of control to a span told us, we could have a debt cri- brought up properly, and can be passed degree that we have never, ever seen sis in just a few years. Would that not with a simple majority. before? The Democratic majority, similar to Many criticized President Bush—and be a disaster—because of our failure to Republican majorities in the past, have so did I—for the $450 billion budget def- respond to the extraordinary debt we to choose will they seek to pass a budg- icit he produced. I thought it was a are incurring, that we have a financial et that has the broad support of both stunning number. Since President crisis that could put us back into re- cession. I hope not. I don’t think that parties or will they simply use their Obama has been President, the budget is going to happen this year, but I don’t majority and pass their budget? You deficits have been $1.2 trillion, $1.3 tril- know. We have been warned it might. should do one or the other. A good, bi- lion, and by September 30, it is pro- It is scary. partisan budget is always preferable, jected to be about $1.5 trillion. We will So we are going to continue to talk but sometimes we have different opin- take in $2.2 trillion this year, we ex- about this. We are going to continue to ions. So if you have a different view pect, and we will spend $3.7 trillion. use the rules of the Senate to try to from the other party and you can’t Forty cents-plus of every $1 we spend is force the Senate to comply with the reach an agreement, you have a major- borrowed. We are not confronting that. rules of the United States Code that So we are taking a recess. When it ity, you can pass your budget. You says we should have a budget. We have know, when you do that, what happens. came time to vote to recess, the major- had 757 days without a budget. How When you pass your budget, what hap- ity leader figured out a way to not many more will it be before we have a pens? You lay out for the American have to actually vote to go home be- budget? We will continue that battle. people what you believe. It is one thing cause, I guess, his Members felt they It is going to be a battle for the finan- to criticize someone else, it is another would be embarrassed if they had to cial future of our country. Hopefully, thing to tell the world what you be- vote to go home after being in viola- we will be successful and somehow, lieve. The House has told the world tion of the United States Code to someway, as the pressure builds and what they think would be an effective produce a budget. the American people continue to have budget for the future. What does the This is not going away. This issue is their voices heard, the White House, Senate say? Nothing. We haven’t even not going away. Every expert, includ- which today has been oblivious to commenced a markup in the Budget ing the chairman of the fiscal commis- these challenges, that the Democratic Committee. sion formed by President Obama, the Senate, which has been oblivious to A budget sets forth your vision for chairman of which he appointed Mr. these challenges, will somehow get on the future. It tells how much you want Erskine Bowles, told us in a written board and seriously work with the to cut taxes or raise taxes. It tells how statement, delivered by Mr. Bowles and House to confront the challenges we much you want to raise spending or re- Cochairman Simpson, that this Nation face and put us on a sound path to fi- duce spending. It says how much debt has never faced a more predictable fi- nancial security for the future. you expect to accumulate over the nancial crisis. We are heading toward f years to come or whether you would that wall at warp speed. We can have a reach a surplus or a balanced budget. financial crisis. In fact, Mr. Bowles was TRIBUTE TO BRADLEY HAYES That is what a budget does. It holds asked by our chairman, Senator Mr. SESSIONS. Mr. President, I rise you accountable. You have to defend it. CONRAD: When do you think this crisis today to say a few words on the depar- You have to say what it is. might occur? He said: Two years, ture of Bradley Hayes, a valued, long- One thing I have been proud about is maybe less. Alan Simpson said: I think time member of my Judiciary Com- that the Republicans over in the House maybe 1 year. mittee staff. Although I will feel the met their duty and produced a budget Surely, we have to get off the debt loss of his knowledge and enthusiasm, I and they are prepared to defend it. path we are on, spending so much more am pleased that he is moving on to a Congressman RYAN knows what he is than we take in, and 40 cents of every new phase in his career. talking about. He worked on that budg- $1 we spend is borrowed and we pay in- Bradley had a wonderful upbringing et and he is prepared to defend it. It terest on it. The interest has the po- in his home town of Mobile, AL, and a

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3417 stellar academic background. He grad- and regulated the operations of the PFC Joshua S. Ose of Hernando, 19, uated cum laude with a B.S. in busi- gaming industry in Illinois. And he who died September 20, 2010; ness from Birmingham Southern Col- served as senior policy adviser to the PFC William B. Dawson of Tunica, lege. After managing a live music Illinois State police director. 20, who died September 24, 2010; venue in Birmingham for several years, In addition to his extensive experi- SGT Eric C. Newman of Waynesboro, Bradley entered law school at the Uni- ence in law enforcement, First Deputy 30, who died October 14, 2010; versity of Alabama, where he served as Director Tigera was selected to attend 1LT William J. Donnelly IV of Pica- managing editor of the Journal of the the FBI National Academy in yune, 27, who died November 25, 2010; Legal Profession and was an active Quantico, VA, where he successfully SSG Jason A. Rogers of Brandon, 28, member of the moot court board. Im- completed executive management who died April 7, 2011; and mediately after being admitted to the training. He also holds a masters de- SSG David D. Self of Pearl, 29, who Alabama bar, Bradley joined my staff gree in criminal justice administration died May 16, 2011. on the Judiciary Committee. from Lewis University. While their sacrifices will leave a In the 6 years he was with me, Brad- One of the reasons the Illinois State deep void in many lives, I hope their ley served at various times as my legis- Police has grown and flourished under families can find comfort in the fact lative counsel, senior counsel and dep- First Deputy Director Tigera’s leader- that they served proudly and will be uty chief counsel on the Subcommittee ship is his commitment to community. counted among the multitude of Mis- on Administrative Oversight and the He led an initiative to work collabo- sissippians who, over the long history Courts. Throughout that time, he has ratively with community groups and of our great Nation, have bravely worked to secure our borders, protect others within the public safety arena. served and courageously given their our country from the threat of inter- He has always emphasized the impor- lives for their country. national terrorism, secure the private tance of team-building and problem- Mississippians traditionally identify property rights of artists and inventors solving as he served as second-in-com- themselves with a strong support of in the information age, and eliminate mand of a full-service police agency of our national defense and a willingness wasteful spending and destructive liti- 3,500 employees. In addition to his lead- to serve in our Armed Forces. We also gation. Perhaps most importantly, he ership in the Illinois State Police, hold fast to the memory of those lost showed both courage and unwavering First Deputy Director Tigera is a mem- in battle. leadership during the Senate’s debates ber of the Illinois Terrorism Task In fact, Columbus, MS, proudly on comprehensive immigration reform Force, the Governor’s Interstate Gun claims to be the birthplace of Memo- in 2006 and 2007. Bradley’s hard work Trafficking Task Force, and previously rial Day, which was originally des- played an important role during the served as the Chairman of the Board of ignated as Decoration Day to decorate DREAM Act debate last year. Bradley the Chicago High Intensity Drug Traf- the graves of Civil War soldiers. This was an effective staffer during debates ficking Area. tradition evolved into Memorial Day, on the reauthorization of the USA PA- First Deputy Director Tigera has which was recognized as a Federal holi- TRIOT Act in 2005 and 2006. He also been married to Ana for 26 years and is day in 1971. participated in the constitutional ad- the proud father of two sons, Luis, Jr., As we again gather to commemorate vice and consent process for four Su- who has followed in his father’s foot- Memorial Day, people across Mis- preme Court confirmations and count- steps by becoming an Illinois State Po- sissippi will stop to reflect on all those less important executive branch nomi- lice trooper, and Zachary. who have perished protecting our Na- nations. I would like to congratulate First tion, whether in battles long ago or in I would just conclude by thanking Deputy Director Tigera on his retire- the ongoing conflicts. We will also af- Bradley for his hard work and for his ment and thank him for his service to firm our belief that Congress should loyalty. He was more than willing to the State of Illinois. ensure that those who join our Armed Forces will be the best equipped and invest the time and effort necessary to f handle a breadth of issues, and he did best trained in the world. HONORING OUR ARMED FORCES so with great skill, professionalism and As a veteran of the U.S. Navy, I am integrity. He was with me during some Mr. COCHRAN. Mr. President, I rise thankful for the bravery and dedica- of the most critical times of my career today to pay tribute to the brave men tion of those who have fought and died in the Senate thus far, and his insight and women who have made the su- for our country in our defense. They will be missed. He has been an excel- preme sacrifice of their lives in defense are true heroes, and we owe them our lent public servant because he loves his of our Nation. This Memorial Day, I solemn gratitude for their service and country and understands and defends join all Americans in honoring those sacrifice. its exceptional core values. In addition, brave souls. SERGEANT KEN HERMOGINO he is fun to work with. I wish him the Over the past decade since the 9/11 Mr. BENNET. Mr. President, today I best in his new endeavors. terrorist attacks on the United States, rise to remember the life and heroic f men and women of the U.S. Armed service of SGT Ken Hermogino, who Forces have been deployed to fight on died on May 10, 2011, in Herat Province, TRIBUTE TO LUIS TIGERA our behalf in Operation Enduring Free- Afghanistan, of injuries sustained when Mr. DURBIN. Mr. President, I would dom and Operation Iraqi Freedom. his military vehicle overturned. Fort like to take a moment to congratulate Thousands of those courageous service- Carson cannot replace a leader like an extraordinary Illinoisan, Luis C. men and women have lost their lives as Sergeant Hermogino. His passing rep- Tigera. After serving with distinction part of these ongoing missions. More resents a tragic loss for his hometown for 26 years with the Illinois State Po- than 70 of these warriors called Mis- of Henderson, NV, and for our country. lice, First Deputy Director Tigera is sissippi home, including 7 brave fight- Sergeant Hermogino’s story is retiring as the highest ranking career ers who have been killed in Afghani- uniquely American. Within 2 months of member of the organization and the stan since we last observed this na- the horrific terrorist attacks of Sep- first Cuban American to hold such a tional holiday. These are the sacrifices tember 11, 2001, that took the lives of position in the agency. that we should keep in mind as we nearly 3,000 innocent men, women, and Throughout his time with the Illinois commemorate Memorial Day 2011. children, Sergeant Hermogino began a State Police, First Deputy Director I am deeply grateful to the young military career that would span 10 Tigera has served in a variety of posi- Mississippians we have lost over the years and two branches of the armed tions with the organization. He started past 12 months, and my heart goes out services. His exceptional character his career in law enforcement by pa- to the families and friends they leave shone in the face of our shared adver- trolling the interstate system of the behind. sity; he chose to serve when his coun- Chicago area suburbs. He worked his For the record, I now cite the names try needed him most. way up to overseeing the statewide of these fallen heroes from Mississippi: In 1998, he graduated from Basic High guns, drugs, gangs and money laun- 1SG Robert N. Barton of Roxie, 35, School in Henderson, NV, where he par- dering unit. Mr. Tigera also managed who died June 7, 2010; ticipated in the Marine Corps Junior

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3418 CONGRESSIONAL RECORD — SENATE May 26, 2011 ROTC program. This experience al- Memorial Day, originally called nominees, instead of partisan filibus- lowed him to build up the skills and Decoration Day, is a day of remem- ters and more delays. With vacancies discipline that would become the foun- brance for those who have died in our still totaling 90 on Federal courts dation of his success in the services. Nation’s service. Since 1868, this time throughout the country with nearly Outside of school, Sergeant Hermogino of year has been designated as a time two dozen future vacancies on the hori- relaxed by skateboarding, BMX racing, to pause and honor our war dead. It zon, there is no time to delay taking up and displaying his talent for fixing just was officially designated a Federal hol- these nominations. Had we taken posi- about anything. iday in 1971. An often overlooked tradi- tive action on the consensus nominees, Sergeant Hermogino enlisted in the tion is to have a moment of remem- vacancies could have been reduced Air Force in 2001, and he served for 8 brance specifically at 3 p.m. local time. below 80 for the first time in years. years as a medical administrator based Throughout the Nation over this hol- All of the nominations reported by in the U.S. and Manas, Kyrgyzstan. iday weekend we will see many Amer- this committee and pending on the While he assisted fellow servicemem- ican flags and flowers adorning the Senate’s Executive Calendar have been bers suffering from life-threatening graves of those who have made the ul- through our Judiciary Committee’s wounds, Sergeant Hermogino always timate sacrifice for our Nation. I will fair and thorough process. We review felt compelled to expand his contribu- remember in particular the 104 Mary- extensive background material on each tion. His brother, Marvin Jeff, has said, landers who have been killed in our nominee. All Senators on the Com- ‘‘He wanted to be more involved.’’ most recent conflicts, and I will remind mittee, Democratic and Republican, In 2009, Sergeant Hermogino joined myself that our freedom isn’t free. I have the opportunity to ask the nomi- the Army and served in support of Op- will remind myself of their ultimate nees questions at a live hearing. Sen- eration Enduring Freedom as a mem- sacrifice and I will remind myself of ators also have the opportunity to ask ber of the 7th Squadron, 10th Cavalry the ongoing sacrifices their families questions in writing following the Regiment, based at Fort Carson, CO. continue to make each and every day. hearing and to meet with the nomi- Sergeant Hermogino’s bravery and ex- I am immensely proud of the men nees. All of these nominees which the emplary service did not escape the no- and women—fewer than 1 percent of Committee reported to the Senate have tice of his commanders. He earned, our population—who serve in our All- a strong commitment to the rule of law among other decorations, the Air Force Volunteer Force. But there is a draw- and a demonstrated faithfulness to the and Army Commendation Medals, the back, of sorts, to having an All-Volun- Constitution. All have the support of National Defense Service Medal, and teer Force: the sacrifices of the few are their home State Senators, both Re- the Afghanistan Campaign Medal. not felt by the many; therefore, they publican and Democratic. They should Mark Twain once said, ‘‘The fear of can be overlooked. We mustn’t allow not be delayed for weeks and months death follows from the fear of life. A this to happen. This environment is needlessly after being so thoroughly man who lives fully is prepared to die much different than the conflicts of the and fairly considered by the Judiciary at any time.’’ Sergeant Hermogino’s past where nearly everyone had a Committee. service was in keeping with this senti- friend, neighbor, or loved one who wore They include several nominees to fill ment by selflessly putting country the cloth of our Nation. judicial emergency vacancies, includ- first, he lived life to the fullest. He I call on my colleagues and all Amer- ing Paul Engelmayer and William lived with a sense of the highest honor- icans to remember the true meaning of Kuntz of New York, Michael Simon of able purpose. Memorial Day and take the time to Oregon, Richard Brooke Jackson of Today’s tribute to the memory of pause and remember those who have Colorado, Kathleen Williams of Flor- Sergeant Hermogino must also honor made the ultimate sacrifice in defense ida, and Nelva Gonzales Ramos of his profound love for family. In this of our freedom and for the continued Texas, as well as Henry Floyd of South spirit, I ask my colleagues to join me success of this great Nation. Carolina to the Fourth Circuit. The in extending our deepest respects and f condolences to Norma, his mother, nomination of Professor Liu being fili- Renato, his father, and to his entire JUDICIAL NOMINATIONS bustered by Republican leadership is family. Please know that Colorado and Mr. LEAHY. Mr. President, as the also to fill a judicial emergency va- Americans across the country are pro- Senate prepares to adjourn for the Me- cancy. foundly grateful for Ken’s sacrifice. morial Day recess, I had hoped that we Those nominees who have the sup- For his bravery in Afghanistan and would be allowed to proceed with the port of home State Republican Sen- across the world, he will forever be re- consensus judicial nominees ready for ators include Bernice Donald of Ten- membered as one of our country’s brav- confirmation and who are so needed to nessee to the Sixth Circuit, Henry est. fill vacancies on Federal courts around Floyd of South Carolina to the Fourth Circuit, Sara Lynn Darrow of Illinois, f the country. Instead, the Republican leadership’s filibuster of the nomina- Kathleen Williams of Florida, Nelva HONORING OUR SERVICE MEN AND tion of Goodwin Liu is being supple- Gonzales Ramos of Texas, John Andrew WOMEN THIS MEMORIAL DAY mented with delays of even those judi- Ross of Missouri, Timothy Cain of Mr. CARDIN. Mr. President, I rise cial nominations supported by Repub- South Carolina, Nannette Jolivette today to honor the sacrifice of those to lican home State Senators and ap- Brown of Louisiana, and Nancy whom we are forever indebted: the proved by Republicans on the Senate Torresen of Maine. In spite of that sup- brave men and women of our Armed Judiciary Committee. This is too bad. port, we are unable to secure consent Forces, both past and present, who died With judicial vacancies continuing at from the Republican leadership to con- in defense of freedom. It has been and crisis levels, affecting the ability of sider and confirm them. continues to be their duty, honor, and courts to provide justice to Americans Of the judicial nominations we have privilege to serve. With Memorial Day around the country, I have been urging been able to get the Senate to consider 2011 approaching, it is our duty to the Senate to vote on the judicial this year almost 70 percent were de- pause and honor those who have sac- nominations reported favorably by the layed from last year. We have only rificed. Judiciary Committee and pending on been able to confirm eight judicial Memorial Day has become the unoffi- the Senate’s Executive Calendar. The nominees that had hearings and were cial beginning of summer. Schools are Senate is recessing with 19 judicial reported for the first time this year. So beginning to break for summer vaca- nominations awaiting final action. Of when some say we are taking ‘‘positive tion, community pools are opening for those, 16 are by anyone’s definition action’’ on large percentages of nomi- the season, and friends and family are consensus nominees. All 16 were unani- nees, what this shows is how many gathering this weekend for barbecues. mously approved by all Republican and unobjectionable nominees were stalled It is important that we not lose sight all Democratic Senators on the Judici- last year by objections from the minor- of the true nature of this holiday and I ary Committee. Yet they remain ity. encourage all of us to take time to stalled without final Senate action. We could have made significant pause and remember the meaning of We should have regular votes on progress helping Americans seeking Memorial Day. President Obama’s highly qualified justice in our Federal courts before

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3419 this recess. Sadly, it is a missed oppor- NASA will begin building our next to the Moon. Fifty years later, we live tunity for Senators across the aisle to generation vehicles to go beyond low in different, and more frugal, times. We have joined together with us and Earth orbit, the heavy lift rocket and must not let our urgent, immediate worked with the President to provide the Orion capsule. The private sector needs keep us from investing in pro- needed judicial resources. will build commercial cargo and crew grams that see results well into the fu- f vehicles, with NASA providing the ven- ture. While looking toward immediate ture capital to get cargo and astro- national needs, President Kennedy also 50TH ANNIVERSARY OF PRESI- nauts to the International Space Sta- urged investments for the long haul. DENT KENNEDY’S CALL TO GO tion while building a whole new indus- He wanted the United States to take TO THE MOON try. risks on science that changed the Ms. MIKULSKI. Mr. President, May The shuttle is retiring, but our mis- world, putting people on the Moon, and 25, 2011, marked the 50th anniversary of sions in space will sail on. It doesn’t on a civilian weather satellite in space. President John F. Kennedy’s speech matter how we get there. We can’t be While America waits on our new crop that set the original dream of Amer- defined by our Space Transportation of innovations to mature, we will keep ican exploration with a goal of sending System. Our future in space will be reaping the harvest of the discoveries a human to the Moon and returning built on innovation and discovery from and investments made long ago that him safely by the end of the decade. commercial rockets taking cargo and have become the Internet, medical im- President Kennedy’s speech was more someday astronauts to the Inter- aging like MRIs, and countless other than a call for a Moon shot. It was 17 national Space Station; to the James products that help American compa- days after Alan Shepard became the Webb Space Telescope discovering new nies invent new products and create second human in space, and the Nation galaxies and new frontiers in science; new jobs. was still recovering from a recession to new technologies to grab and fix In these frugal times, we should all and recovering from the Cuban missile damaged satellites in space with ro- work together to keep alive President crisis. That year, President Kennedy bots. Kennedy’s spirit of exploration and dis- New technologies don’t just happen. took the unusual step of coming to covery and win the future. Congress in May to address urgent, They come from American ingenuity that is built on discovery and innova- ‘‘extraordinary’’ national needs. Dur- f ing his speech, he said, ‘‘In a very real tion. They have made America great sense, it will not be one man going to and they have made us a nation worth INTENT TO OBJECT the Moon . . . it will be an entire Na- imitating. tion. For all of us must work to put As we look around the world, we see Mr. WYDEN. Mr. President, con- him there.’’ He sounded the starting people who yearn to imitate the de- sistent with Senate Standing Orders gun of the space race. In that race, the mocracy we have, who brought down and my policy of publishing in the CON- United States and its young President dictators and autocrats with American GRESSIONAL RECORD a statement when- were determined to cross the finish line innovations like Twitter. They believe ever I place a hold on legislation, I am first. representative, parliamentary bodies announcing my intention to object to America is no longer in a space race. can give them an orderly way to move any unanimous consent request to pro- We are in a race for our economic fu- government forward and will give them ceed to S. 968, the PROTECT IP Act. ture. We are not racing other coun- better lives, helping them compete in In December of last year I placed a tries. We are racing ourselves. To win the world economy. hold on similar legislation, commonly Already, emerging nations, like this economic race, we must do as called COICA, because I felt the costs China, are imitating our investments President Obama has urged us. We of the legislation far outweighed the in discovery and innovation. China is must work together to out-innovate, benefits. After careful analysis of the embarking on an ambitious space pro- out-educate, and out-build our com- Protect IP Act, or PIPA, I am com- gram that is reaching for the stars petitors. That is why I fight so hard to pelled to draw the same conclusion. I with satellites and astronauts. China is invest in America’s exploration and understand and agree with the goal of increasing its science research budget discovery which creates jobs for today the legislation, to protect intellectual 20 percent each year, seeking to rep- and jobs for tomorrow. property and combat commerce in licate our National Science Founda- As we were 50 years ago, our space counterfeit goods, but I am not willing tion. to muzzle speech and stifle innovation program is embarking on a new jour- I don’t worry about being in a race and economic growth to achieve this ney. This year, after 30 years of great with China or other nations. China service NASA will retire the Space can’t beat us. We can only beat our- objective. At the expense of legitimate Shuttle with honor and dignity. We selves by losing our drive to reach for commerce, PIPA’s prescription takes will bid goodbye to this workhorse that great goals and by failing to invest in an overreaching approach to policing launched and fixed Hubble and built the research and development that will the Internet when a more balanced and the International Space Station. help us achieve them. I will keep fight- targeted approach would be more effec- Last year, Congress gave NASA a ing to for the innovation and discovery tive. The collateral damage of this ap- new path forward. My colleagues and I that makes America worth imitating. proach is speech, innovation and the fought to pass a new authorization bill. I believe in the space program. I be- very integrity of the Internet. It was not easy. There was confusion lieve in space technology, in green The Internet represents the shipping and chaos about the path forward, and science that helps us understand and lane of the 21st century. It is increas- the austere budget environment re- protect the planet, and in heliophysics ingly in America’s economic interest quired tough choices. The authoriza- that studies the Sun so we know when to ensure that the Internet is a viable tion law established a balanced space solar storms could knock out the means for American innovation, com- program. It increased investments in power grid. I believe in the men and merce, and the advancement of our Science and Aeronautics so we can ex- women of the space program like the ideals that empower people all around plore the universe, protect the planet, astronauts who risk their lives to ex- the world. By ceding control of the and make air travel safer and more re- tend our human reach in space, the as- Internet to corporations through a pri- liable. The bill provided for new Space trophysicists who teach us about dark vate right of action, and to government Technology research and development matter and the origins of the universe, agencies that do not sufficiently under- to make exploring space safer and more and the machinists who craft the preci- stand and value the Internet, PIPA efficient. Finally, it gave us a sustain- sion robots that explore the universe represents a threat our economic fu- able human space flight program that for us. The men and women of the ture and to our international objec- extends the International Space Sta- space program are the best of the tives. Until the many issues that I and tion lab to 2020, opens low Earth orbit American economy, creating jobs for others have raised with this legislation to commercial providers, for cargo today and jobs for tomorrow. are addressed, I will object to a unani- first, then crew, and broadens human President Kennedy knew we needed mous consent request to proceed to the reach beyond low Earth orbit. all of the Nation’s talents to go safely legislation.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3420 CONGRESSIONAL RECORD — SENATE May 26, 2011 NRA POSITION gram. When our youngest daughter was For there can be no greater gift! No greater growing up, Hadassah and I had several love than all of this for sure . . . Mr. CHAMBLISS. Mr. President, I To so leave your loved ones, and give up all ask unanimous consent to have printed au pairs. They became part of our ex- tended family and we still keep in that you adore! in the RECORD a letter dated May 26, touch with them today. The exchange And yes, Jose, Heaven SO Hold’s Your Place! 2011, from the NRA. Ah yes Jose, one day you will so see our There being no objection, the mate- experience enriched the lives of our au Lord’s face . . . pair and my family through the shar- rial was ordered to be printed in the And all of those magnificent families . . . ing of culture, language, and religion. RECORD, as follows: like yours I am pleased the U.S. State Depart- Who had to so worry, and so wait! NATIONAL RIFLE ASSOCIATION ment is holding a reception on June 9, Quiet heroes, who had to carry on somehow OF AMERICA, 2011, to celebrate the 25th anniversary each day . . . Washington, DC, May 26, 2011. of the Au Pair Program. I commend all Praying, not for that one phone call, did DEAR SENATOR CHAMBLISS: Thank you for those who have made this program so they! asking about the National Rifle Associa- Living through, all of that pain and hell and tion’s position on a motion to table amend- successful, and in particular AIFS, for its vision and leadership. heartache! ment # 363 to the PATRIOT Act. For all of them, oh yes yours, Heaven So The NRA takes a back seat to no one when f Hold’s A Place! it comes to protecting gun owners’ rights For they shall too so see, our Lord’s face . . . against government abuse. Over the past TRIBUTE TO STAFF SERGEANT JOSE PEQUENO And, when you came back home Jose, that three decades, we’ve fought successfully to day . . . block unnecessary and intrusive compilation Ms. AYOTTE. Mr. President, I rise And they so looked upon your once golden of firearms-related records by several federal today in honor of a real American face . . . agencies, and will continue to protect the Hero, SSG Jose Pequeno of my home And so saw what this war had so made! privacy of our members and all American State of New Hampshire, and his stead- And they broke down and began to cry! gun owners. As they so asked our Lord, why so why? While well-intentioned, the language of fast family. After leaving the U.S. Ma- rines, Jose became one of the youngest As they so wept . . . all on that night this amendment as currently drafted raises But, some things can be only made with potential problems for gun owners, in that it police chiefs in the State of New Hamp- shire. After 9/11, he joined the U.S. faith! encourages the government to use provisions Because Jose, you so made the choice . . . in current law that allow access to firearms Army, and heroically volunteered to go As it was you Jose, who so heard that inner records without reasonable cause, warrant, to Iraq. Following an IED explosion, voice! or judicial oversight of any kind. Jose was almost mortally wounded, but As your loved ones too, have so brought their Based on these concerns and the fact that fought to live. Now, with the help of light! the NRA does not ordinarily take positions his mother and family he continues As upon their needs, they asked for courage on procedural votes, we have no position on that battle. This coming Memorial Day . . . on high . . . a motion to table amendment # 363. weekend, I ask all of us to remember Is that but not what Heaven is for? Sincerely, Is that but not true love for sure? CHRIS W. COX. the many servicemen and women and their families who have sacrificed so For Heaven So Holds A Place, for all of those f who have shown such grace! much for us. As each of our servicemen Who, will not give up, or in . . . even though 25TH ANNIVERSARY OF THE AU and women and their families teach us each day the worst they so face . . . PAIR PROGRAM daily about faith and courage, I ask Yes, Heaven Holds Your Place! Americans to pray and remember their Mr. LIEBERMAN. Mr. President, I Amen! sacrifice, which continues to ensure would like to bring to the attention of f our freedom is secure. my colleagues a milestone that has Mr. President, I ask unanimous con- ADDITIONAL STATEMENTS been reached by an important cultural sent that this poem penned by Albert exchange program administered by the Caswell be printed in the RECORD in TRIBUTE TO DAVID C. BAILEY State Department. In 1986, the United honor of all those brave men and States Information Agency, USIA, ex- women we have lost. ∑ Ms. AYOTTE. Mr. President, today I ercised its authority under the There being no objection, the mate- recognize and congratulate Chief of Po- Fulbright/ Hays Act to establish the Au rial was ordered to be printed in the lice David C. Bailey of the Bedford, NH, Pair Program on a pilot basis. This ini- RECORD as follows: police department for his 40 years of tiative was designed to provide oppor- HEAVEN SO HOLD’S dedicated service to the law enforce- tunities for young Europeans to live Jose. . . . ment profession, the town of Bedford, with an American family, care for chil- Heaven . . . and the State of New Hampshire. dren, and pursue their educational in- Jose, Heaven . . . so hold’s . . . Chief Bailey began his law enforce- terests. Heaven, so hold’s your place! ment career in 1971 as a patrol officer One of the leaders in developing the For Heaven, is so made . . . so made . . . with the town of Bedford; was pro- concept of the Au Pair Program was All for such men as you Jose, of such splen- moted to lieutenant in 1976; deputy the American Institute in Foreign did grace! chief in 1981; and as the chief of police Study, AIFS, located in my hometown All for such magnificent men, of ‘oh so such courageous faith! in 1989. A native of Bedford, NH, Chief of Stamford, CT. AIFS was one of the Who have such brilliant eyes, which to all Bailey earned his bachelor’s degree initial sponsors and worked in connec- hearts such warmth do so bathe . . . from the University of New Hampshire tion with the State Department to de- Who but once had such strong arms, hands in 1969. velop a comprehensive framework that and legs, to protect all of us from such During his long tenure as a police supports American families and foreign harm . . . chief, David Bailey has been a leader in nationals. Who once, upon them . . . so such great bur- promoting community oriented-polic- Over the past 25 years, the Au Pair dens were so placed! ing; in improving public safety within Program has grown dramatically. Con- Whose entire life has been written with such the State of New Hampshire; and in kindness and courage, that time can- gress assisted in that growth by pass- not so erase . . . promoting sound public policies and ing legislation, signed into law by And so show us all, just what a magnificent practices, which have helped keep New President Clinton in 1997, which gave heart can so create! Hampshire one of the safest States in the Au Pair Program permanent au- Whose whole entire life has but been so dedi- the Nation. From 2002 to 2003, he served thority under the J–1 visa program. cated, to but protecting the human with distinction as the president of the This initiative has proven to be a re- race . . . New Hampshire Association of Chiefs markable success. In fact, over 180,000 Who so gave, and so marched off to war . . . of Police. Chief Bailey has worked tire- au pairs from over 60 countries have And came back home to wear a badge, and so lessly with New Hampshire legislators, much more . . . lived with an American family for a And then to serve once again, to give it all and other public safety officials, to year since the program’s inception. up again and go back to war . . . better the administration of justice. I can personally attest to the To volunteer, and give up all that you so As Chief David Bailey celebrates his strength and value of the Au Pair Pro- love and so adore! retirement, I commend him on a job

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3421 well done, and ask my colleagues to grade in the Medical Corps. During the not deterred. He studied harder for his join me in wishing him, his wife Susan, Korean war, he volunteered with the second attempt, passed, and graduated son Nathan, and daughter Jessica, well Fleet Marines, and while treating a from West Point. In 1917 he was com- in all future endeavors.∑ wounded marine, he received multiple missioned as second lieutenant. After f gunshot wounds and was evacuated the disappointment of not being sent from Korea. Because of these injuries, into combat during World War I, Lieu- IRON HORSE BICYCLE CLASSIC he received a Purple Heart with the tenant Ridgway said, ‘‘The soldier who ∑ Mr. BENNET. Mr. President, today I Oak Leaf Cluster and a Bronze Star. has had no share in this last great vic- recognize the Iron Horse Bicycle Clas- Dr. H’Doubler became a Shriner in tory of good over evil would be ru- sic in which bicyclists race the steam- 1956 and served as Potentate in 1968. He ined.’’ After serving on various gen- powered Durango & Silverton Narrow later became the Imperial Potentate of erals’ staffs and commanding the 15th Gauge Railroad from Durango to the Shrine of North America from 1980 Infantry in Tientsin, China, General Silverton. May 28, 2011 will mark the 1981. He was an Emeritus Trustee of Ridgway would get his chance to fight. 40th anniversary of this race which is Shriners Hospitals for Children, and In August 1942, General Ridgway suc- an institution in my home State of served as chairman of both the Medical ceeded Omar Bradley when he was Colorado. Research Planning Committee and the given command of the 82nd Airborne This year’s race has attracted some Budget Committee. He was also a mem- Division. The 82nd was chosen as one of 2,500 racers from 44 States and 5 coun- ber of the Finance Committee and an the Army’s five new airborne divisions. tries and 3,500 riders participating in Emeritus Representative of the The conversion of an entire infantry di- all of the weekend’s many cycling re- Shriners International. He is credited vision to airborne status was an un- precedented and daunting task which lated events. with starting the Stop Burn Injury Ridgway successfully accomplished. In This race is the third oldest continu- Program, which is still active today. ously sanctioned bike race in the Dr. H’Doubler belonged to many pro- 1944, General Ridgway helped plan the airborne operations of Operation Over- United States and probably the most fessional organizations, including the lord, the Allied invasion of Europe. In grueling of them all. The Iron Horse American Medical Association, Mis- Normandy, he courageously jumped Classic is a 50-mile race that takes rid- souri State Medical Society, Greene with his troops, who fought bravely for ers over two beautiful mountain passes County Medical Society, American 33 days in advancing to Saint-Sauveur- in Colorado’s awe inspiring San Juan Thyroid Association, and the American le-Vicomte near Cherbourg, France. Mountains. The race course tops out at Academy of Alternative Medicine, of In 1950, as the Korean war raged, 10,860 feet and has a vertical climb of which he served as president in 1985. General Ridgway was given command some 6,600 feet for every racer. He is survived by his wife Marie, and of the 8th Army. When Ridgway as- The race is one that many profes- his four children: daughters Julie sumed command the 8th Army was in sional bike racers compete in at some Thomas and Sarah Muegge, and sons tactical retreat and suffering from low point in their career with many Olym- Kurt and Charles, and six grand- morale. After a successful reorganiza- pians, National and World Champions children. tion of command structure and service riding in the race over the decades. I would like to pay tribute to this at the front lines, General Ridgway had Organized for decades by cycling leg- wonderful man who served his Nation repaired morale among his soldiers. end Ed Zink of Durango, the Iron Horse and his community with distinction Ridgway shifted tactics and, relying Classic is a tremendous asset to all of and achieved the Shriners goal of free heavily on coordinated artillery, went southwest Colorado. The race’s eco- orthopedic and burn care for all chil- on the offensive, helping slow and later nomic impact on our economy is dren. Dr. H’Doubler was always a trust- stop the Chinese at the battles of around $2 million each year and it has ed resource on medical issues on whom Chipyong-ni and Wonju. When General donated around $500,000 to local causes I could rely at any time. His insight, MacArthur was relieved of command in over the years. his compassion, and his willingness to 1951, General Ridgway took the helm as As I am sure you can imagine, this is lead on important issues made him a Supreme Commander of U.N. forces in a grueling event for which all riders sought after expert. I always enjoyed Korea and Supreme Commander of the put in many long months of training. spending time with Dr. H’Doubler, and U.S. Far East Command. Over the next I am proud to recognize all the rid- he often took time to mentor me on year, Ridgway was responsible for con- ers, staff, volunteers and community medical and political topics. He was a duct of the Korean war. He also fol- members from southwest Colorado who remarkable man with a full, rich life, lowed General MacArthur as military have made the Iron Horse Classic into and I was glad to call him my friend.∑ governor of Japan, where he oversaw a premier Colorado cycling event on f the restoration of Japan’s Independ- this its 40th anniversary.∑ REMEMBERING GENERAL ence and sovereignty. In 1952, he re- f MATTHEW BUNKER RIDGWAY placed GEN Dwight D. Eisenhower as the Supreme Allied Commander for the REMEMBERING F.T. HOGAN ∑ Mr. BLUNT. Mr. President, when H’DOUBLER, JR., M.D. North Atlantic Trade Organization, GEN Matthew Bunker Ridgway passed where he was credited for improve- ∑ Mr. BLUNT. Mr. President, as the away on July 26, 1993, he was one of the ments through command structure, Memorial holiday approaches, and the most decorated soldiers in the U.S. forces, facilities, and training. For his Nation remembers our brave soldiers Armed Forces. Members of his family, last assignment, General Ridgway who have served and are serving in our including some of my constituents served as Chief of Staff of the U.S. military, I ask the Senate to join me in from Columbia, MO, gather each year. Army from 1953 until his retirement in remembering a decorated war hero and This year, they will honor General 1955. a fellow Missourian, F.T. ‘‘Hogan’’ Ridgway’s leadership, character, and In retirement, General Ridgway H’Doubler, Jr., M.D., who passed away courage as they celebrate the 60th an- would serve on boards, write, speak to on November 24, 2010. niversary of his command as Supreme groups, and advise other leaders, in- Dr. H’Doubler was born in Spring- Commander of the United Nations cluding President Lyndon B. Johnson. field, MO, on June 18, 1925. In December forces in Korea and Supreme Com- In 1986, President Ronald Reagan 1942, at the age of 17, he graduated mander of the U.S. Far East Command awarded General Ridgway the Presi- from high school a semester early to during the Korean war. dential Medal of Freedom. enlist in the Navy. He was assigned to General Ridgway was born on March GEN Matthew Bunker Ridgway the V–12 training program at Miami 3, 1895, in Fort Monroe, VA, to COL passed away at his home outside Pitts- University in Oxford, OH. He earned his Thomas Ridgway and Mrs. Ruth burgh at the age of 98, on July 26, 1993. medical degree from the University of Ridgway. He went to high school in He was buried at Arlington National Wisconsin-Madison. Boston, MA, and afterward planned to Cemetery, and during his eulogy Colin After the conclusion of World War II, follow in his father’s footsteps at West Powell said: ‘‘No soldier ever upheld F.T. ‘‘Hogan’’ H’Doubler, Jr., M.D. re- Point. Young Matthew failed the math his honor better than this man. No sol- entered the Navy as a lieutenant junior portion of his entrance exam but was dier ever loved his country more than

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3422 CONGRESSIONAL RECORD — SENATE May 26, 2011 this man did. Every American soldier drugs in troubled neighborhoods. C.B.’s National Geographic Bee, held here in owes a debt to this great man.’’∑ commitment to Mantua Against Drugs Washington, DC. Each year thousands f continues today; he currently serves as of schools and millions of students in the organization’s executive director. the United States participate in the TRIBUTE TO BERNARD ‘‘C.B.’’ From his first taste of volunteerism, National Geographic Bee using mate- KIMMONS C.B. knew he found his passion. He rials prepared by the National Geo- ∑ Mr. CASEY. Mr. President, today I wanted to change the world. graphic Society. The contest is de- honor Bernard ‘‘C.B.’’ Kimmons for his In addition to these efforts, C.B. has signed to encourage teachers to include life of service and courageous commit- personally made himself available to geography in their classrooms, spark ment to preventing gang and drug vio- children within the city of Philadel- student interest in the subject, and in- lence at all costs. phia through numerous activities. He crease public awareness about geog- C.B. was born in Atlantic City, NJ, provides free drug counseling and re- raphy. Schools with students in grades on February 13, 1944. Though he origi- cently started a multitiered program four through eight are eligible for this nally hails from the Garden State, he offering computer skills, document entertaining and challenging test of ge- came to spend much of his life within framing, photo-journalism, entre- ographic knowledge. the city of Philadelphia, graduating preneur training, and newsletter cre- Out of a field of 54 contestants, one from three Philadelphia area schools: ation as an alternative to violent gang from each of the 50 States and Terri- Cardinal Dougherty High School, Saint behavior. He also leads vigils for young tories, Tine won the competition and Joseph’s University, and Temple Uni- adults who were killed as a direct re- was the only contestant to correctly versity Graduate School. sult of gang related violence. answer every question in the final After earning his teaching degree, he While C.B.’s efforts to lessen the im- round. In recognition of his success, further solidified his commitment to pact of drug dealers have received con- National Geographic will award Tine a Philadelphia by spending 16 years siderable praise, they have also at- college scholarship worth $25,000, a life- teaching in Ogontz, at General Louis tracted the attention of those that time membership in the National Geo- Wagner Junior High. During his tenure would prefer the status quo remain un- graphic Society, and a trip to the at Wagner, he was disheartened to see changed. On more than one occasion Gala´ pagos Islands with his parents. that many of his students fell victim to C.B. has had threats against his own The winning question was: ‘‘Which social pressures that led to them join life and has been forced to seek police South American country is home to gangs. C.B. quickly became an eye- protection. Despite these efforts to un- the volcano, Tungurahua?’’ The an- witness to gang-related violence. He dermine his work, C.B. persevered and swer, ‘‘Ecuador,’’ was given correctly knew that his students needed guid- still today continues to aggressively by Tine after the runner-up contestant ance before they became lost within pursue change within our community. failed to match Tine for a fourth ques- the harsh realities of gang life. As a C.B. has been honored for his work by tion in a row. Tine is the second Texan leader and a role model within the countless organizations and agencies to be named national champion in the community, he took it upon himself to across the city of Philadelphia and the competition’s 23-year history. Young Texans, like Tine Valencic, fulfill this need. He began to educate country. These honors include Time prove that persistence and a thirst for his students about the dangers of join- Magazine Local Philadelphia Hero; rec- knowledge are the keys to unlocking ing gangs with a simple message of re- ognition by the Martin Luther King opportunities for success. I congratu- specting law enforcement, parents, Center in Atlanta, GA; a 2010 Drum late Tine on this important accom- clergy, teachers, adults, and fellow Major Award for Peace given by the plishment and look forward to seeing young people. His message quickly Council of Black Clergy of Philadel- his continued achievements.∑ caught on, and many of his students phia; University of Pennsylvania’s still remember his influential teaching Martin Luther King Award for Commu- f style. nity Service and Outreach; winner of TRIBUTE TO MICHAEL J. It was this innovative approach that University of Pennsylvania’s Crystal FITZMAURICE caught the attention of the Philadel- Stair Award; the Hero of Peace Award ∑ Mr. JOHNSON of South Dakota. Mr. phia school district, under Super- given by Veterans Against Drugs; and President, today, with great pride, I intendent Dr. Constance Clayton. C.B. the Humanitarian Award given by the pay tribute to Michael J. Fitzmaurice eventually began teaching in different Four Chaplains at the U.S. Naval Base. who will be retiring at the end of the schools across the district under a spe- He has also been featured on CNN for month after 24 years of service at the cial antidrug, antiviolence curriculum, his school-based role model program. Sioux Falls, SD, VA Medical Center. many times teaching in up to 15 dif- Throughout all of his work, C.B.’s ef- Michael entered into service with the ferent schools a week. His message forts have focused on ensuring that U.S. Army in October 1969. After com- against bullying, guns, drugs, and vio- children have a chance to succeed de- pleting his basic training at Fort lence spread across the city and con- spite the challenges and obstacles they Lewis, WA, and advanced individual tinues to affect countless lives today. face on a daily basis. C.B. has saved nu- training at Fort Knox, KY, he was de- It was during this time that Bernard merous lives and continues to protect ployed to Vietnam with the D-Troop was given the nickname of ‘‘Cool Ber- children of all ages from the ravages he 17th Calvary, 101st Airborne Division. nie’’ or C.B. within some of the rougher first saw in his early teaching days. As Michael served with great distinction neighborhoods he worked. This nick- a result of C.B. Kimmons’ hard work, in Vietnam eventually earning our na- name has grown to illustrate the close children across Philadelphia are given tion’s highest award for valor, the Con- nature of his relationships with his a chance to succeed and reach their po- gressional Medal of Honor, for his he- students as well as his acceptance as a tential. roic actions at Khe Sanh, Vietnam. role model and community figurehead. It is my pleasure to stand today be- Michael received an honorable dis- He goes by that name to this day. fore my colleagues to recognize Ber- charge from the Army on April 7, 1972. In addition to his work in the public nard ‘‘C.B.’’ Kimmons’’ sacrifices, In addition to the Medal of Honor, schools, C.B. was also an active volun- achievements, and ongoing commit- which he was awarded by President teer through numerous activities with- ment toward bettering the lives of our Nixon in November 1973, Michael re- in Philadelphia. In 1967, he served as a youth.∑ ceived several other decorations for his citywide gang control worker under f uncommonly brave service to our Na- the guidance of Zachary Clayton. He tion; including the Vietnam Service then met Dr. Herman Wrice who be- TRIBUTE TO TINE VALENCIC Medal with Bronze Star, Vietnam Cam- came his mentor when he joined Man- ∑ Mr. CORNYN. Mr. President, today I paign Medal, and the Purple Heart, tua Against Drugs. C.B. and Dr. Wrice wish recognize the achievements of among others. In recognition of his traveled around Philadelphia trying to Tine Valencic, a 13-year-old seventh service, the South Dakota State Vet- clear the streets of gangs and drug grade student at Colleyville Middle erans Home in Hot Springs was re- dealers to ensure that young adults School in Colleyville, TX. Tine re- named the Michael J. Fitzmaurice had a safe haven from violence and cently competed in and won the 2011 State Veterans Home in October 1998.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3423 Following his return from Vietnam, the Black Hills VA health care system. Originally the Watertown Benedictine Michael met Patty Dolan, whom he This action provided a number of chal- Sisters focused on serving in elemen- married in July 1973. Michael and lenges including condensing dual mis- tary and secondary Catholic schools in Patty would raise two sons, Michael sions at two campuses into one mission North Dakota and South Dakota. Many Jr. and Brian. Eager to continue his spanning two facilities. of the children that the sisters have service to our country after returning During his many years of service in helped can still recount their fond home, Michael joined the South Da- the Black Hills, Peter has worked dili- memories of the important and caring kota Army National Guard 153rd Engi- gently to provide VA services to South deeds that the Sisters preformed. neering Battalion in Huron, SD, in Dakota veterans who would otherwise Today the Sisters work for parish April 1973. Michael continued his serv- not receive such important care. The ministries, schools, pastoral care, hos- ice with the South Dakota Army Na- number of community based outreach pitals, and care facilities. The Sisters, tional Guard until his discharge in clinics, CBOCs, in the Black Hills VA through their 50 years of service, have April 1990. He joined the South Dakota system has increased during Peter’s developed strong ties with the Water- Air National Guard in May 1990 and re- tenure. Veterans living in rural and town community and have always of- tired from military service in May 1992 reservation areas of South Dakota fered a hand to those in need. after 23 dedicated years of service to have much better access to VA health In honor of this momentous occasion his country. care and specialty services through the the Sisters plan to host an interfaith In addition to serving his country for CBOCs. The needs of rural and reserva- discussion of Judaism, Christianity, 23 years in the military, Michael has tion veterans must continue to be ad- and Islam, and to create a book detail- dedicated his life to the service of his dressed so that access to quality VA ing the rich history of the Watertown fellow veterans in South Dakota. He is care is preserved and maintained. Benedictine Sisters of the Mother of retiring after 24 years of service as a In 1995, Peter provided key leadership God Monastery. plumber at the Sioux Falls VA Medical with the opening of the Rapid City I am proud to have this opportunity Center. He is a lifelong member of the Community Based Outreach Clinic, to honor the Watertown Benedictine Congressional Medal of Honor Society, CBOC, at a small facility on the South Sisters of the Mother of God Monastery Disabled American Veterans, Veterans Dakota National Guard’s Camp Rapid for their outstanding service. It is an of Foreign Wars, American Vets, and campus. In a joint agreement between honor for me to share with my col- the 101st Airborne Association. the Guard and the VA, veterans in leagues the strong commitment the Michael is a humble man. He is never Rapid City were able to save on mile- Sisters have for relentlessly caring for one to flaunt his heroic actions, nor age and receive routine levels of care. those in need. I strongly commend bring attention to his decorated mili- It wasn’t long before VA officials real- their years of hard work and dedica- tary service. He would likely rather ized that the facility was too small to tion, and I am very pleased that their blend in the crowd with his fellow vet- meet the growing demands of veterans substantial efforts are being publicly erans than be singled out; however, on in the Rapid City area. A larger facil- honored and celebrated.∑ the occasion of his retirement from the ity was opened near private commu- f Sioux Falls VA Medical Center, it is nity-based medical facilities. As Pe- YANKTON, SOUTH DAKOTA appropriate that he be publicly recog- ter’s career comes to a close, he con- nized. I commend Michael J. tinues to work to improve the Rapid ∑ Mr. JOHNSON of South Dakota. Mr. Fitzmaurice for his many years of dedi- City CBOC. President, today I recognize the 150th cated service to the State of South Da- Like many agencies, the VA has been anniversary of the founding of one of kota and our nation. Michael, a grate- asked to do more with less over the South Dakota’s great cities, Yankton. ful nation thanks you for your service. years. The Black Hills VA continues to Located along the Missouri River, Best wishes on your retirement.∑ face challenges as it works to meet the Yankton serves as the county seat of f complex needs of our ever growing vet- Yankton County and is a source of erans population, including women vet- great history. TRIBUTE TO PETER HENRY erans, younger veterans, veterans with Yankton, founded in 1861 and incor- ∑ Mr. JOHNSON of South Dakota. Mr. traumatic brain injuries, post trau- porated on May 8, 1862, was the original President, today I wish to recognize matic stress disorder and other ill- capital of Dakota Territory. The found- the career of a dedicated public serv- nesses. I commend Peter’s ability to ers of Yankton derived the city’s name ant. Peter P. Henry is retiring as direc- address these challenges and ensure from the Sioux expression E-hank-ton- tor of the Black Hills VA Health Care that South Dakota’s veterans are pro- wan, which means ‘‘people of the end System in early July, concluding a ca- vided the quality care they deserve. village.’’ Yankton College, founded in reer in Federal service that spans 41 I have always appreciated Peter’s in- 1881, was the first liberal arts college in years in the Department of Veterans sight and input on issues impacting the Dakota Territory, providing the com- Affairs. Peter has spent two lengthy VA Health Care System, the Black munity with rich opportunities stints at the helm of the Black Hills Hills VA, and veterans in general. I through higher education, continued VA, totaling 16 years of service. congratulate Peter on his many years today through Mount Marty College. I commend Peter for his dedication, of federal service and applaud him for Riverboat Days and the Summer Arts professionalism and steadfast commit- his passionate work on behalf of vet- Festival are held every August in ment to veterans and their families. I erans and their families. I wish Peter Yankton and bring visitors from all have always appreciated the efforts of and his wife Sharon all the best in his over the state to enjoy the scenic beau- the men and women who work in the retirement.∑ ty and relaxing atmosphere the city Black Hills VA Health Care System f has to offer. Yankton is an outdoor en- and exemplify the VA’s ‘‘Veterans thusiast’s dream, offering access to Come First’’ mission. Patient satisfac- WATERTOWN BENEDICTINE SIS- hunting, fishing, golfing, parks, hiking tion numbers have remained high dur- TERS OF THE MOTHER OF GOD trails, kayaking and canoeing, and ing Peter’s leadership at the Black MONASTERY other water recreation sports. The Hills VA, a testimony to the dedicated ∑ MR. JOHNSON of South Dakota. Mr. Gavins Point Dam makes the city’s work of the staff and administrators at President, with great honor, today I water recreation possible along with the Hot Springs and Fort Meade facili- congratulate the Watertown Bene- providing hydroelectric power. ties. dictine Sisters of the Mother of God Yankton is home to the Dakota Terri- Over his career, Peter has witnessed Monastery in their celebration of pro- torial museum, which provides a a number of changes in the VA system viding 50 years of faith-based service. glimpse of the rich history of the Da- and has deftly guided and implemented Founded in 1961, the Watertown kota Territory and the events that these changes within the Black Hills Benedictine Sisters have served in hos- shaped the Midwest itself. Yankton is VA. He worked to merge the Hot pitals, schools, prisons, parishes, res- also the hometown of perhaps South Springs VA and Fort Meade VA sys- ervations, and nursing homes in com- Dakota’s most famous resident, Tom tems into one collective organization, munities throughout South Dakota. Brokaw, former anchor of the NBC

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3424 CONGRESSIONAL RECORD — SENATE May 26, 2011 Nightly News, a graduate from Ms. Cannon’s legacy can be seen tiveness. Rosemary Presnar of the Yankton High School. throughout the city. She has served for Maine MEP has noted that Biovation Yankton is celebrating its sesqui- many years as the city’s primary con- possesses ‘‘a rare combination of engi- centennial with a variety of artists tact with the U.S. military as it relates neering capability and entrepreneurial playing a diverse selection of music. to the base realignment and closure zeal; and they’re visionary in applying This three day concert event will honor process. The most significant of these their technology to develop new prod- the people that have made Yankton projects was her work on the ongoing ucts and create new market opportuni- their home, from the first rugged set- redevelopment of Sand Point, a former ties.’’ This commitment to improve- tlers to the children of today. Naval Air Station and later Support ment is a source of inspiration, and is Yankton continues to be a vibrant Activity Center for the Navy, closed in an example of the blossoming techno- community and a great asset to South 1991. Linda served as the key staff per- logical and R&D sector that is trans- Dakota. Yankton boasts a thriving son coordinating with the Navy, com- forming Maine. Biovation received the economy, various tourist destinations, munity members, Native American award at SBANE’s annual gala dinner and tremendous opportunities for out- tribes, and a host of interest groups on May 11 in Massachusetts, joining door recreation. I am pleased to recog- over the redevelopment of this signifi- Maine companies such as Tom’s of nize the achievements of Yankton, and cant resource. Linda worked to balance Maine and Wright Express, which have to offer my congratulations to the resi- all these interests while ensuring that been recognized in previous years. dents of the city on this historic mile- the values of the community were also Biovation aspires to become a world- ∑ stone. upheld. The crown jewel of this rede- wide leader in the product safety and f velopment is Warren G. Magnuson wound care sectors within the next Park which honors Washington State’s decade, and the company is off to a re- TRIBUTE TO RANDY SCHOEN sounding start. Biovation has devel- ∑ Mr. MERKLEY. Mr. President, today late great Senator Magnuson. Her lead- ership throughout this process has oped a process where textile fibers are I wish to honor the work of Medford infused with antimicrobial chemical Chief of Police Randy Schoen, and all been critical to its success. Ms. Cannon also served as a mentor formulations; these fibers can be used the officers, citizens, dispatchers, and for bandages and dressings to prevent volunteers being recognized at the and trusted colleague to hundreds of city staff through the years. She is the spread of disease by inhibiting the Medford Police Awards Banquet. growth of bacteria and fungi. Clearly, The Medford Police Department is known for her grace under pressure, her clearheaded approach to problems, this is a perfect tool for use in hos- doing its community a great service in pitals and medical facilities worldwide holding the annual Medford Police and keeping everything in perspective. Her attitude and work ethic always in efforts to eradicate the transmission Awards Banquet, acknowledging and of infections between patients. served as a model for those around her. encouraging the kind of work that In April of this year, Biovation Ms. Cannon represents the best of keeps our citizens safe and makes our shipped out its first orders of food safe- public service in this country. Her pro- communities great. ty products, and by this time next fessionalism, integrity, institutional Chief Schoen has contributed much year, it expects to complete contract knowledge, and understanding of the to his department and to the city of negotiations with a medical company role of public employees in serving the Medford, OR. He developed the depart- for its wound care products. Addition- people have been a huge asset to the ment’s first K9, SWAT, and drug and ally, the U.S. Marines have expressed city and will be sorely missed. There gang enforcement units. He has used interest in acquiring absorbent liners technology to make the department are hundreds of thousands of public to keep soldier’s boots dry. Because more effective and responsive. He has servants around the country like Ms. countries like Iraq and Afghanistan rolled out programs that have in- Cannon who are quietly serving their lack the proper infrastructure, it is dif- creased the Medford Police Depart- communities every day. We all should ficult to use electric dryers for such ment’s efficiency, community involve- be grateful for their dedication and tasks. Biovation’s unique products can ment, and clearance rates. Chief service. I would like to wish Ms. Can- provide an affordable, lightweight pad Schoen is a terrific example of what it non the best in her retirement and a to help our troops stay comfortable ∑ means to be a public servant. He is now heartfelt thank you. during their critical missions in ex- retiring after 25 years of meritorious f treme temperatures and conditions. service. His hard work will be missed. RECOGNIZING BIOVATION, LLC It will take America’s nearly 30 mil- Also worthy of praise are the many ∑ lion small businesses working to out- other individuals being honored at the Ms. SNOWE. Mr. President, for 25 innovate and out-produce the rest of Medford Police Awards Banquet. These years, the Smaller Business Associa- the world to provide for a lasting eco- citizens and officers are receiving tion of New England, SBANE, has been nomic recovery. With companies like awards for Outstanding Achievement, recognizing the accomplishments and Biovation leading the way, I am con- Meritorious Lifesaving, and Citizen innovations of small businesses fident that we are well-poised to move Recognition. Many of these individuals throughout the Northeast with its in- our economy forward. I thank everyone have risked personal harm to save the novation awards. The Rising Star cat- at Biovation for their dedication and life of another, or ensure that justice is egory is reserved for those small busi- forward-thinking, and congratulate done. I thank the Medford Police De- nesses that will have a significant im- them on their success.∑ pact in their industry or sector in the partment for honoring them. f I join the Medford Police Department near future. and the people of Medford in com- Today I rise to recognize Biovation TRIBUTE TO TOM MCAVOY memorating the great work of Chief LLC, a small manufacturing firm in ∑ Mr. UDALL of Colorado. Mr. Presi- Schoen and all those receiving awards the coastal Maine town of Boothbay dent, today I recognize a native at this banquet. These individuals rep- that creates antimicrobial chemical Puebloan, sometimes critic, and staple resent the ideals of civil service, per- and nonwoven fiber products for both of Colorado’s political journalism, Tom sonal heroism, and a just society. I food packaging and wound care. McAvoy. thank them for their service and wish Biovation beat out nearly 200 nominees Tom McAvoy has been with the them all the best in their endeavors to and 20 finalists to win the coveted Ris- Pueblo Chieftain newspaper in Colo- come.∑ ing Star category of the SBANE’s Inno- rado for over three decades, including f vation Awards, a truly worthy and 21 years of covering the Colorado state- aptly named recognition for this up- house. For the past 7 years, he has TRIBUTE TO LINDA CANNON and-coming firm. served as the Chieftain’s editorial re- ∑ Mrs. MURRAY. Mr. President, today The company was nominated for the search director and a member of its I honor Linda Cannon, deputy director SBANE award by the Maine Manufac- editorial board. He will retire at the of intergovernmental relations for the turing Extension Partnership, MEP, end of May, but I hear he will continue city of Seattle, who is retiring after with which it has worked to increase to make an occasional appearance in serving over 35 years with the city. efficiency, productivity and competi- the editorial section.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3425 Tom graduated from Pueblo’s Central hits and striking out seven. Through EXECUTIVE AND OTHER High School in 1964 and from the the tournament, Imhof was 6–1 with an COMMUNICATIONS Southern Colorado State College in amazing earned run average 0f 0.59. The following communications were 1968, before going on to earn a master’s Imhof and two other teammates, catch- laid before the Senate, together with degree in journalism from Ohio State er Kayde Schaefer and shortstop accompanying papers, reports, and doc- University. He served in the National Shauna Collins, made the all tour- uments, and were referred as indicated: Guard after college and went on to nament team. EC–1873. A communication from the Direc- work for the Associated Press, joining Congratulations to coach Greg Stew- tor of Defense Procurement and Acquisition the Chieftain in 1977. art and the Hustlin’ Owls of OIT. Clear- Policy, Department of Defense, transmit- Coloradans have truly benefited from ly, they are doing something right at ting, pursuant to law, the report of a rule en- Tom’s canny political analysis over the Oregon Institute of Technology.∑ titled ‘‘Fire-Resistant Fiber for Production years. He set the standard for reporters f of Military Uniforms’’ ((RIN0750–AH22) covering State government and politics (DFARS Case 2011–D021)) received in the Of- for regional papers, keeping in mind MESSAGES FROM THE PRESIDENT fice of the President of the Senate on May 25, the big picture for the State even as he Messages from the President of the 2011; to the Committee on Armed Services. EC–1874. A communication from the Under paid special attention to what was im- United States were communicated to Secretary of Defense (Personnel and Readi- portant from the local angles. the Senate by Mr. Pate, one of his sec- ness), transmitting a report on the approved In particular, he has been a faithful retaries. retirement of Admiral Eric T. Olson, United fighter for shedding light and stimu- f States Navy, and his advancement to the lating public discourse about the life- grade of admiral on the retired list; to the blood of the West: water. In numerous EXECUTIVE MESSAGES REFERRED Committee on Armed Services. articles and editorials, he has outlined As in executive session the Presiding EC–1875. A communication from the Under for his readers the issues surrounding Officer laid before the Senate messages Secretary of Defense (Acquisition, Tech- nology and Logistics), transmitting, pursu- and complicating water use in the agri- from the President of the United ant to law, the National Defense Stockpile cultural heartland that is southern States submitting sundry nominations (NDS) Annual Materials Plan for Fiscal Year Colorado and served as a megaphone which were referred to the appropriate 2012 and the succeeding 4 years, Fiscal Years for their interests to legislators. committees. 2013–2016; to the Committee on Armed Serv- Tom wrote in an editorial last year, (The nominations received today are ices. ‘‘Our obligation is to the public, not printed at the end of the Senate pro- EC–1876. A communication from the Direc- the office-holder.’’ To recognize his ceedings.) tor of the Regulatory Management Division, committed coverage of the Colorado Office of Policy, Environmental Protection f Agency, transmitting, pursuant to law, the statehouse, the Colorado Press Asso- MESSAGES FROM THE HOUSE report of a rule entitled ‘‘Requests for Modi- ciation awarded Tom its inaugural fication or Revocation of Toxic Substances Shining Star in 1995 for being the best At 10:27 a.m., a message from the Control Act Section 5 Significant New Use all-around reporter. House of Representatives, delivered by Notice Requirements; Revision to Notifica- Many reporters who cut their teeth Mrs. Cole, one of its reading clerks, an- tion Regulations’’ (FRL No. 8858–1) received on Colorado politics will tell you that nounced that the House has passed the in the Office of the President of the Senate Tom’s example and mentorship helped following bill, in which it requests the on May 25, 2011; to the Committee on Envi- them become better eyes and ears for concurrence of the Senate: ronment and Public Works. EC–1877. A communication from the Direc- their own communities. H.R. 1216. An act to amend the Public tor of the Regulatory Management Division, He also proved that showing up is Health Service Act to convert funding for Office of Policy, Environmental Protection half the story: there is a legend that graduate medical education in qualified Agency, transmitting, pursuant to law, the the only time Tom ever took a leave of teaching health centers from direct appro- report of a rule entitled ‘‘Approval and Pro- absence is when he came down with the priations to an authorization of appropria- mulgation of Implementation Plans and Des- West Nile virus. That dedication to his tions. ignations of Areas for Air Quality Planning work speaks of a deep love and sense of Purposes; Alabama, Georgia, and Tennessee: At 8:00 p.m., a message from the responsibility for his hometown com- Chattanooga; Determination of Attaining House of Representatives, delivered by munity, and it earned him the respect Data for the 1997 Annual Fine Particulate Mr. Novotny, one of its reading clerks, Standard’’ (FRL No. 9312–5) received in the of his peers and his subjects alike. announced that the House agrees to Office of the President of the Senate on May Southern Colorado will miss Tom the amendment of the Senate to the 25, 2011; to the Committee on Environment McAvoy’s voice on the issues that mat- amendment of the House to the bill (S. and Public Works. ter to the region, but I have a feeling EC–1878. A communication from the Direc- 990) to provide for an additional tem- his wife Sue and their three children tor of the Regulatory Management Division, porary extension of programs under the will have to share him in retirement Office of Policy, Environmental Protection Small Business Act and the Small with his continued service to his com- Agency, transmitting, pursuant to law, the Business Investment Act of 1958, and munity.∑ report of a rule entitled ‘‘Approval and Pro- for other purposes. mulgation of Air Quality Implementation f Plans; West Virginia; Permits for Construc- f OIT WOMEN’S SOFTBALL TEAM tion and Major Modification of Major Sta- MEASURES REFERRED tionary Sources of Air Pollution for the Pre- ∑ Mr. WYDEN. Mr. President, Oregon vention of Significant Deterioration’’ (FRL Institute of Technology in Klamath The following bill was read the first No. 9311–9) received in the Office of the Presi- Falls has long been a leader in Amer- and the second times by unanimous dent of the Senate on May 25, 2011; to the ica’s effort to develop geothermal en- consent, and referred as indicated: Committee on Environment and Public ergy, and it’s also a power in men’s H.R. 1216. An act to amend the Public Works. basketball, winning national titles in Health Service Act to convert funding for EC–1879. A communication from the Direc- graduate medical education in qualified tor of the Regulatory Management Division, 2004 and 2008. Office of Policy, Environmental Protection Now, it is the national champion in teaching health centers from direct appro- priations to an authorization of appropria- Agency, transmitting, pursuant to law, the women’s softball. It is the first wom- tions; to the Committee on Health, Edu- report of a rule entitled ‘‘Approval and Pro- en’s team to win a national champion- cation, Labor, and Pensions. mulgation of Air Quality Implementation ship at OIT, but I am sure it won’t be Plans; Pennsylvania; Determination of At- f the last. tainment for the Pittsburgh-Beaver Valley 8- The Hustlin’ Owls entered the na- MEASURES READ THE FIRST TIME Hour Ozone Nonattainment Area’’ (FRL No. 9313–1) received in the Office of the President tional tournament ranked 18th in the The following bill was read the first Nation. They came out 1st in the Na- of the Senate on May 25, 2011; to the Com- time: mittee on Environment and Public Works. tion. They were led by a stellar per- S. 1125. A bill to improve national security EC–1880. A communication from the Direc- formance from their pitcher and MVP, letters, the authorities under the Foreign In- tor of the Regulatory Management Division, Jackie Imhof. In the final game, she telligence Surveillance Act of 1978, and for Office of Policy, Environmental Protection pitched a shutout, allowing only four other purposes. Agency, transmitting, pursuant to law, the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3426 CONGRESSIONAL RECORD — SENATE May 26, 2011 report of a rule entitled ‘‘Approval and Pro- (Nominations without an asterisk mechanisms into contracts of the Depart- mulgation of Implementation Plans; Exten- were reported with the recommenda- ment of Veterans Affairs with community- sion of Attainment Date for the Charlotte- tion that they be confirmed.) based outpatient clinics for the provision of Gastonia-Rock Hill, North Carolina-South health care services, and for other purposes; Carolina 1997 8-Hour Ozone Moderate Non- f to the Committee on Veterans’ Affairs. attainment Area’’ (FRL No. 9312–9) received INTRODUCTION OF BILLS AND By Mr. ALEXANDER (for himself and in the Office of the President of the Senate JOINT RESOLUTIONS Mr. CORKER): on May 25, 2011; to the Committee on Envi- S. 1090. A bill to designate as wilderness ronment and Public Works. The following bills and joint resolu- certain public land in the Cherokee National EC–1881. A communication from the Direc- tions were introduced, read the first Forest in the State of Tennessee, and for tor of the Regulatory Management Division, and second times by unanimous con- other purposes; to the Committee on Energy Office of Policy, Environmental Protection sent, and referred as indicated: and Natural Resources. Agency, transmitting, pursuant to law, the By Mr. WICKER: By Ms. MURKOWSKI: report of a rule entitled ‘‘Approval and Pro- S. 1091. A bill to amend the National Flood S. 1081. A bill to amend titles 23 and 49, Insurance Act of 1968 to include a system for mulgation of Air Quality Implementation United States Code, to streamline the envi- Plans; Pennsylvania; Adoption of Control indeterminate loss insurance claims, and for ronmental review process for highway other purposes; to the Committee on Bank- Techniques Guidelines for Flat Wood Pan- projects, and for other purposes; to the Com- eling Surface Coating Process’’ (FRL No. ing, Housing, and Urban Affairs. mittee on Environment and Public Works. By Mr. CARPER (for himself and Mr. 9312–7) received in the Office of the President By Ms. LANDRIEU: of the Senate on May 25, 2011; to the Com- BROWN of Massachusetts): S. 1082. A bill to provide for an additional S. 1092. A bill to address aviation security mittee on Environment and Public Works. temporary extension of programs under the in the United States by bolstering passenger EC–1882. A communication from the Gen- Small Business Act and the Small Business and air cargo screening procedures, to ensure eral Counsel, Federal Retirement Thrift In- Investment Act of 1958, and for other pur- that purchases of screening technologies are vestment Board, transmitting, pursuant to poses; considered and passed. thoroughly evaluated for the best return on law, the report of a rule entitled ‘‘Court Or- By Mr. MORAN (for himself and Mr. investment of the taxpayer’s money, and for ders and Legal Processes Affecting Thrift ROBERTS): other purposes; to the Committee on Com- S. 1083. A bill to amend the National Trails Savings Plan Accounts’’ (5 CFR Part 1653) re- merce, Science, and Transportation. System Act to designate the route of the ceived in the Office of the President of the By Mr. UDALL of Colorado: Senate on May 25, 2011; to the Committee on Smoky Hill Trail, an overland trail across S. 1093. A bill to amend the Internal Rev- Homeland Security and Governmental Af- the Great Plains during pioneer days in Kan- enue Code of 1986 to provide that solar en- fairs. sas and Colorado, for study for potential ad- ergy property need not be located on the EC–1883. A communication from the Chief dition to the National Trails System; to the property with respect to which it is gener- Committee on Energy and Natural Re- of the Publications and Regulations Branch, ating electricity in order to qualify for the sources. Internal Revenue Service, Department of the residential energy efficient property credit; By Mr. MORAN (for himself and Mr. Treasury, transmitting, pursuant to law, the to the Committee on Finance. ROBERTS): report of a rule entitled ‘‘Applicable Federal By Mr. MENENDEZ (for himself, Mr. S. 1084. A bill to amend the National Trails Rates—June 2011’’ (Rev. Rul. 2011–13) re- ENZI, Mr. DURBIN, and Mr. BROWN of ceived in the Office of the President of the System Act to designate the routes of the Shawnee Cattle Trail, the oldest of the Massachusetts): Senate on May 25, 2011; to the Committee on S. 1094. A bill to reauthorize the Com- major Texas Cattle Trails, for study for po- Finance. bating Autism Act of 2006 (Public Law 109— tential addition to the National Trails Sys- 416); to the Committee on Health, Education, f tem, and for other purposes; to the Com- mittee on Energy and Natural Resources. Labor, and Pensions. REPORTS OF COMMITTEES OL- By Mr. INHOFE (for himself and Ms. By Mrs. BOXER (for herself, Ms. C LINS, Mr. KOHL, and Mr. SANDERS): The following reports of committees SNOWE): S. 1095. A bill to include geriatrics and ger- were submitted: S. 1085. A bill to amend the Clean Air Act to define next generation biofuel, and to ontology in the definition of ‘‘primary By Mr. LEAHY, from the Committee on health services’’ under the National Health the Judiciary, with an amendment in the na- allow States the option of not participating in the corn ethanol portions of the renewable Service Corps program; to the Committee on ture of a substitute: Health, Education, Labor, and Pensions. S. 968. A bill to prevent online threats to fuel standard due to conflicts with agricul- tural, economic, energy, and environmental By Ms. SNOWE (for herself, Ms. economic creativity and theft of intellectual STABENOW, Ms. MIKULSKI, Mr. property, and for other purposes. goals; to the Committee on Environment and Public Works. CARDIN, and Mr. WICKER): f By Mr. HARKIN (for himself and Mr. S. 1096. A bill to amend title XVIII of the Social Security Act to improve access to, BLUNT): EXECUTIVE REPORTS OF and utilization of, bone mass measurement COMMITTEES S. 1086. A bill to reauthorize the Special Olympics Sport and Empowerment Act of benefits under the Medicare part B program The following executive reports of 2004, to provide assistance to Best Buddies to by extending the minimum payment amount nominations were submitted: support the expansion and development of for bone mass measurement under such pro- mentoring programs, and for other purposes; gram through 2013; to the Committee on Fi- By Mr. JOHNSON, of South Dakota, for nance. the Committee on Banking, Housing, and to the Committee on Health, Education, Labor, and Pensions. By Mr. KYL (for himself, Mr. SESSIONS, Urban Affairs. Mr. MCCAIN, Mr. CORNYN, Mr. WICK- *Timothy G. Massad, of Connecticut, to be By Mr. BARRASSO (for himself, Ms. ER, Mr. VITTER, Mr. INHOFE, Mr. an Assistant Secretary of the Treasury. MURKOWSKI, Mr. HATCH, Mr. HELLER, CORKER, and Mr. PORTMAN): By Mr. LEAHY for the Committee on the and Mr. ENZI): S. 1087. A bill to release wilderness study S. 1097. A bill to strengthen the strategic Judiciary. areas administered by the Bureau of Land force posture of the United States by imple- John Andrew Ross, of Missouri, to be Management that are not suitable for wilder- menting and supplementing certain provi- United States District Judge for the Eastern ness designation from continued manage- sions of the New START Treaty and the Res- District of Missouri. ment as de facto wilderness areas and to re- olution of Ratification, and for other pur- Timothy M. Cain, of South Carolina, to be lease inventoried roadless areas within the poses; to the Committee on Armed Services. United States District Judge for the District National Forest System that are not rec- By Mr. HATCH (for himself and Mr. of South Carolina. ommended for wilderness designation from RUBIO): Nannette Jolivette Brown, of Louisiana, to the land use restrictions of the 2001 Roadless S. 1098. A bill to amend the Internal Rev- be United States District Judge for the East- Area Conservation Final Rule and the 2005 enue Code of 1986 to improve access to health ern District of Louisiana. State Petitions for Inventoried Roadless care through expanded health savings ac- Nancy Torresen, of Maine, to be United Area Management Final Rule, and for other counts, and for other purposes; to the Com- States District Judge for the District of purposes; to the Committee on Energy and mittee on Finance. Maine. Natural Resources. By Mr. BLUNT (for himself and Mr. William Francis Kuntz, II, of New York, to By Mr. KERRY (for himself, Ms. KIRK): be United States District Judge for the East- STABENOW, Mr. BLUMENTHAL, and Mr. S. 1099. A bill to improve patient access to ern District of New York. CARDIN): health care services and provide improved *Nomination was reported with rec- S. 1088. A bill to provide increased funding medical care by reducing the excessive bur- ommendation that it be confirmed sub- for the reinsurance for early retirees pro- den the liability system places on the health care delivery system; to the Committee on ject to the nominee’s commitment to gram; to the Committee on Health, Edu- cation, Labor, and Pensions. the Judiciary. respond to requests to appear and tes- By Mr. MCCONNELL: By Ms. COLLINS (for herself, Mr. tify before any duly constituted com- S. 1089. A bill to provide for the introduc- MCCONNELL, Mr. KYL, Mr. ALEX- mittee of the Senate. tion of pay-for-performance compensation ANDER, Mr. PORTMAN, Mr. BROWN of

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3427

Massachusetts, Mr. JOHNSON of Wis- tracts toward contracting goals; to the Com- By Mr. CARDIN (for himself, Mr. consin, Mr. MORAN, Mr. HATCH, Mr. mittee on Small Business and Entrepreneur- BLUNT, and Ms. STABENOW): GRASSLEY, Mr. ENZI, Mr. CORNYN, Mr. ship. S. 1120. A bill to encourage greater use of BURR, Mr. ISAKSON, Mr. VITTER, Mr. By Mr. UDALL of Colorado (for him- propane as a transportation fuel, to create THUNE, Mr. BARRASSO, Mr. WICKER, self, Mr. CRAPO, Mr. BENNET, Mr. jobs, and for other purposes; to the Com- Mr. JOHANNS, Mr. COATS, Ms. AYOTTE, BURR, Mr. TESTER, Mr. VITTER, Mr. mittee on Finance. and Mr. BLUNT): CHAMBLISS, and Mr. BLUNT): By Mr. KOHL (for himself and Mr. S. 1100. A bill to amend title 41, United S. 1111. A bill to amend the Internal Rev- ENZI): States Code, to prohibit inserting politics enue Code of 1986 to reduce the tax on beer to S. 1121. A bill to amend the Internal Rev- into the Federal acquisition process by pro- its pre-1991 level, and for other purposes; to enue Code of 1986 to modify the rules relat- hibiting the submission of political contribu- the Committee on Finance. ing to loans made from a qualified employer tion information as a condition of receiving By Mr. WYDEN (for himself, Mrs. MUR- plan, and for other purposes; to the Com- a Federal contract; to the Committee on RAY, and Mr. MERKLEY): mittee on Finance. Homeland Security and Governmental Af- S. 1112. A bill to amend title 38, United By Mr. MENENDEZ: fairs. States Code, to grant family of members of S. 1122. A bill to amend title 23, United By Mr. BOOZMAN (for himself and Mr. the uniformed services temporary annual States Code, to establish standards limiting PRYOR): leave during the deployment of such mem- the amounts of arsenic and lead contained in S. 1101. A bill to require the Secretary of bers, and for other purposes; to the Com- glass beads used in pavement markings; to Health and Human Services to approve waiv- mittee on Health, Education, Labor, and the Committee on Environment and Public ers under the Medicaid Program under title Pensions. Works. XIX of the Social Security Act that are re- By Ms. MURKOWSKI (for herself, Mr. By Mr. BROWN of Ohio: S. 1123. A bill to amend title 38, United lated to State provider taxes that exempt NELSON of Nebraska, Mr. WEBB, Mr. States Code, to improve the provision of ben- certain retirement communities; to the RISCH, Mrs. HAGAN, Mr. BLUNT, Mr. efits and assistance under laws administered Committee on Finance. BARRASSO, Mr. ENZI, Mr. CONRAD, Mr. by the Secretary of Veterans Affairs to vet- By Mr. DURBIN (for himself, Mr. COCHRAN, Mr. BEGICH, Mr. HELLER, erans affected by natural or other disasters, FRANKEN, and Mr. WHITEHOUSE): Mr. CRAPO, Ms. STABENOW, Mr. and for other purposes; to the Committee on S. 1102. A bill to amend title 11, United HOEVEN, Mrs. MCCASKILL, and Mr. Veterans’ Affairs. States Code, with respect to certain excep- MANCHIN): tions to discharge in bankruptcy; to the S. 1113. A bill to facilitate the reestablish- By Mr. CONRAD: S. 1124. A bill to amend title 38, United Committee on the Judiciary. ment of domestic, critical mineral designa- States Code, to improve the utilization of By Mr. LEAHY (for himself, Mr. tion, assessment, production, manufac- teleconsultation, teleretinal imaging, tele- GRASSLEY, Mrs. FEINSTEIN, and Mr. turing, recycling, analysis, forecasting, medicine, and telehealth coordination serv- CHAMBLISS): workforce, education, research, and inter- ices for the provision of health care to vet- S. 1103. A bill to extend the term of the in- national capabilities in the United States, erans, and for other purposes; to the Com- cumbent Director of the Federal Bureau of and for other purposes; to the Committee on mittee on Veterans’ Affairs. Investigation; to the Committee on the Judi- Energy and Natural Resources. By Mr. LEAHY (for himself, Mr. ciary. By Mr. COONS: WYDEN, Mrs. GILLIBRAND, Mr. HAR- By Mr. CASEY: S. 1114. A bill to extend expiring provisions KIN, Mr. DURBIN, Mr. AKAKA, Mr. S. 1104. A bill to require regular audits of, of the USA PATRIOT Improvement and Re- FRANKEN, Mr. BINGAMAN, Mrs. BOXER, and improvements to, the Transition Assist- authorization Act of 2005 and the Intel- Mr. COONS, and Mr. CARDIN): ance Program; to the Committee on Vet- ligence Reform and Terrorism Prevention S. 1125. A bill to improve national security erans’ Affairs. Act of 2004 until May 31, 2011, and for other letters, the authorities under the Foreign In- By Mrs. MURRAY (for herself, Ms. purposes; to the Committee on the Judici- telligence Surveillance Act of 1978, and for ANTWELL, Mrs. SHAHEEN, and Mr. C ary. other purposes; read the first time. MERKLEY): By Mr. UDALL of New Mexico (for By Mr. WHITEHOUSE (for himself, Mr. S. 1105. A bill to provide a Federal tax ex- himself, Mr. WHITEHOUSE, and Mr. ALEXANDER, and Mr. UDALL of Colo- emption for forest conservation bonds, and CARDIN): rado): for other purposes; to the Committee on Fi- S. 1115. A bill to establish centers of excel- S. 1126. A bill to amend the Energy Inde- nance. lence for green infrastructure, and for other pendence and Security Act of 2007 to author- By Mr. KOHL (for himself and Mr. purposes; to the Committee on Environment ize the Secretary of Energy to insure loans GRAHAM): and Public Works. for financing of renewable energy systems S. 1106. A bill to authorize Department of By Mr. BURR (for himself, Mr. WICKER, leased for residential use, and for other pur- Defense support for programs on pro bono Mr. COCHRAN, Mr. INHOFE, Mr. LEE, poses; to the Committee on Energy and Nat- legal assistance for members of the Armed Mr. MCCAIN, Mr. COATS, and Mr. ural Resources. Forces; to the Committee on Armed Serv- THUNE): By Mr. CONRAD: ices. S. 1116. A bill to merge the Department of S. 1127. A bill to amend title 38, United By Mr. MENENDEZ: Labor, the Department of Commerce, and States Code, to establish centers of excel- S. 1107. A bill to authorize and support pso- the Small Business Administration to estab- lence for rural health research, education, riasis and psoriatic arthritis data collection, lish a Department of Commerce and the and clinical activities and to recognize the to express the sense of the Congress to en- Workforce, and for other purposes; to the rural health resource centers in the Office of courage and leverage public and private in- Committee on Homeland Security and Gov- Rural Health, and for other purposes; to the vestment in psoriasis research with a par- ernmental Affairs. Committee on Veterans’ Affairs. ticular focus on interdisciplinary collabo- By Mr. ROCKEFELLER (for himself, By Mr. MENENDEZ: rative research on the relationship between Ms. STABENOW, and Mr. BROWN of S. 1128. A bill to establish a National Au- psoriasis and its comorbid conditions, and Ohio): tism Spectrum Disorder Initiative and for for other purposes; to the Committee on S. 1117. A bill to amend section 35 of the In- other purposes; to the Committee on Health, Health, Education, Labor, and Pensions. ternal Revenue Code of 1986 to improve the Education, Labor, and Pensions. By Mr. SANDERS (for himself, Mr. health coverage tax credit, and for other pur- By Mr. BARRASSO (for himself, Mr. BOOZMAN, and Mr. BINGAMAN): poses; to the Committee on Finance. ENZI, Mr. CRAPO, Mr. RISCH, Mr. S. 1108. A bill to provide local communities By Mr. HOEVEN (for himself, Mr. THUNE, Mr. HELLER, and Mr. HATCH): with tools to make solar permitting more ef- CONRAD, Mr. CORNYN, Mr. WICKER, S. 1129. A bill to amend the Federal Land ficient, and for other purposes; to the Com- Ms. KLOBUCHAR, Mr. ALEXANDER, Mr. Policy and Management Act of 1976 to im- mittee on Energy and Natural Resources. ENZI, Mr. FRANKEN, Mr. PORTMAN, prove the management of grazing leases and By Mr. MENENDEZ (for himself, Mr. Mr. JOHANNS, and Mr. SESSIONS): permits, and for other purposes; to the Com- REID, Mr. DURBIN, Mr. SCHUMER, Mr. S. 1118. A bill to authorize the construction mittee on Energy and Natural Resources. LEAHY, Mr. AKAKA, Mr. BENNET, Mrs. and maintenance of levees on property ac- By Mr. ROCKEFELLER: GILLIBRAND, and Mr. INOUYE): quired under hazard mitigation grant pro- S. 1130. A bill to strengthen the United S. 1109. A bill to authorize the adjustment grams of the Federal Emergency Manage- States trade laws and for other purposes; to of status for immediate family members of ment Agency; to the Committee on Home- the Committee on Finance. individuals who served honorably in the land Security and Governmental Affairs. By Mrs. HAGAN (for herself, Mr. Armed Forces of the United States during By Mr. INOUYE (for himself, Mr. BROWN of Ohio, Ms. LANDRIEU, and the Afghanistan and Iraq conflicts, and for ROCKEFELLER, Mr. BEGICH, Ms. Mr. CONRAD): other purposes; to the Committee on the Ju- SNOWE, and Ms. MURKOWSKI): S. 1131. A bill to authorize the Secretary of diciary. S. 1119. A bill to reauthorize and improve Health and Human Services, acting through By Mr. ENZI (for himself and Mr. the Marine Debris Research, Prevention, and the Director of the Centers for Disease Con- CASEY): Reduction Act, and for other purposes; to the trol and Prevention, to establish and imple- S. 1110. A bill to amend the Small Business Committee on Commerce, Science, and ment a birth defects prevention, risk reduc- Act to permit agencies to count certain con- Transportation. tion, and public awareness program; to the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3428 CONGRESSIONAL RECORD — SENATE May 26, 2011

Committee on Health, Education, Labor, and thermal energy technology and demonstrate S. 311 Pensions. the use of geothermal energy in large scale At the request of Mr. KERRY, the By Mr. MENENDEZ: thermal applications, and for other purposes; name of the Senator from Delaware S. 1132. A bill to establish programs to pro- to the Committee on Energy and Natural Re- (Mr. COONS) was added as a cosponsor vide services to individuals with autism and sources. of S. 311, a bill to provide for the cov- the families of such individuals and for other By Mr. MCCONNELL (for himself, Mrs. purposes; to the Committee on Health, Edu- FEINSTEIN, Mr. MCCAIN, and Mr. DUR- erage of medically necessary food cation, Labor, and Pensions. BIN): under Federal health programs and pri- By Mr. WYDEN (for himself, Ms. S.J. Res. 17. A joint resolution approving vate health insurance. SNOWE, Mrs. MCCASKILL, Mr. BLUNT, the renewal of import restrictions contained S. 341 Mr. BROWN of Ohio, Mr. PORTMAN, in the Burmese Freedom and Democracy Act At the request of Mr. BROWN of Mas- and Mr. SCHUMER): of 2003; to the Committee on Finance. sachusetts, the names of the Senator S. 1133. A bill to prevent the evasion of antidumping and countervailing duty orders, f from North Carolina (Mr. BURR) and the Senator from Kansas (Mr. ROB- and for other purposes; to the Committee on SUBMISSION OF CONCURRENT AND ERTS) were added as cosponsors of S. Finance. SENATE RESOLUTIONS By Ms. KLOBUCHAR (for herself, Mr. 341, a bill to require the rescission or KOHL, Mr. JOHNSON of Wisconsin, and The following concurrent resolutions termination of Federal contracts and Mr. FRANKEN): and Senate resolutions were read, and subcontracts with enemies of the S. 1134. A bill to authorize the St. Croix referred (or acted upon), as indicated: United States. River Crossing Project with appropriate By Mr. AKAKA (for himself, Mr. mitigation measures to promote river val- S. 394 INOUYE, Mrs. MURRAY, Mrs. FEIN- ues; to the Committee on Energy and Nat- At the request of Mr. KOHL, the name STEIN, and Mr. REID): ural Resources. of the Senator from West Virginia (Mr. S. Res. 200. A resolution recognizing the By Mr. MCCONNELL (for himself and ROCKEFELLER) was added as a cospon- significance of the designation of the month Mr. PAUL): sor of S. 394, a bill to amend the Sher- S. 1135. A bill to provide for the reenrich- of May as Asian/Pacific American Heritage Month; to the Committee on the Judiciary. man Act to make oil-producing and ex- ment of certain depleted uranium owned by porting cartels illegal. the Department of Energy, and for the sale By Mr. BROWN of Massachusetts (for or barter of the resulting reenriched ura- himself, Mrs. FEINSTEIN, Mr. HATCH, S. 483 nium, and for other purposes; to the Com- Mrs. MURRAY, Mr. CARDIN, Mr. RUBIO, At the request of Ms. SNOWE, the mittee on Energy and Natural Resources. and Mr. AKAKA): name of the Senator from New Mexico S. Res. 201. A resolution expressing the re- By Mr. TESTER: (Mr. UDALL) was added as a cosponsor gret of the Senate for the passage of dis- S. 1136. A bill to amend Public Law 106–206 of S. 483, a bill to amend title XVIII of to direct the Secretary of the Interior and criminatory laws against the Chinese in America, including the Chinese Exclusion the Social Security Act to provide for the Secretary of Agriculture to require an- the treatment of clinical psychologists nual permits and assess annual fees for com- Act; to the Committee on the Judiciary. mercial filming activities on Federal land By Mr. CONRAD (for himself, Mr. as physicians for purposes of furnishing for film crews of 5 persons or fewer; to the LEVIN, Mr. ROCKEFELLER, and Mr. clinical psychologist services under the Committee on Energy and Natural Re- DURBIN): Medicare program. S. Res. 202. A resolution designating June sources. S. 501 By Mr. SANDERS: 27, 2011, as ‘‘National Post-Traumatic Stress Disorder Awareness Day’’; to the Committee At the request of Mr. THUNE, the S. 1137. A bill to provide incentives for in- name of the Senator from Florida (Mr. vestment in research and development for on the Judiciary. NELSON) was added as a cosponsor of S. new medicines, to enhance access to new By Ms. LANDRIEU (for herself, Mr. medicines, and for other purposes; to the GRASSLEY, Mrs. GILLIBRAND, Mr. 501, a bill to establish pilot projects Committee on Health, Education, Labor, and FRANKEN, Mr. CARDIN, Mr. BEGICH, under the Medicare program to provide Pensions . Mr. AKAKA, Mr. COCHRAN, Ms. COL- incentives for home health agencies to By Mr. SANDERS: LINS, Mr. LEVIN, Mr. NELSON of Ne- utilize home monitoring and commu- S. 1138. A bill to de-link research and de- braska, Mr. LAUTENBERG, Mrs. MUR- nications technologies. velopment incentives from drug prices for RAY, Mr. KERRY, Mr. INHOFE, Ms. S. 539 new medicines to treat HIV/AIDS and to SNOWE, and Mr. CASEY): stimulate greater sharing of scientific S. Res. 203. A resolution recognizing ‘‘Na- At the request of Mr. WHITEHOUSE, knowledge; to the Committee on Health, tional Foster Care Month’’ as an opportunity the name of the Senator from New Jer- Education, Labor, and Pensions. to raise awareness about the challenges of sey (Mr. MENENDEZ) was added as a co- By Ms. KLOBUCHAR (for herself, Mr. children in the foster care system, and en- sponsor of S. 539, a bill to amend the INHOFE, Mr. BENNET, Mr. COONS, Mr. couraging Congress to implement policy to Public Health Services Act and the So- NELSON of Nebraska, Mrs. MURRAY, improve the lives of children in the foster cial Security Act to extend health in- Mr. BAUCUS, Mr. FRANKEN, and Mr. care system; considered and agreed to. formation technology assistance eligi- By Mr. CASEY (for himself, Mr. UDALL of Colorado): bility to behavioral health, mental S. 1139. A bill to amend the Higher Edu- BOOZMAN, Mr. DURBIN, Mr. LUGAR, cation Act of 1965 to provide that interest Mr. MORAN, Mr. LEAHY, and Mr. health, and substance abuse profes- shall not accrue on Federal Direct Loans for BROWN of Ohio): sionals and facilities, and for other members of the Armed Forces on active duty S. Res. 204. A resolution designating June purposes. regardless of the date of disbursement; to the 7, 2011, as ‘‘National Hunger Awareness S. 570 Committee on Health, Education, Labor, and Day’’; considered and agreed to. At the request of Mr. TESTER, the Pensions. f name of the Senator from Pennsyl- By Mr. ROCKEFELLER: vania (Mr. CASEY) was added as a co- S. 1140. A bill to provide for restoration of ADDITIONAL COSPONSORS the coastal areas of the Gulf of Mexico af- sponsor of S. 570, a bill to prohibit the fected by the Deepwater Horizon oil spill, S. 195 Department of Justice from tracking and for other purposes; to the Committee on At the request of Mr. ROCKEFELLER, and cataloguing the purchases of mul- Commerce, Science, and Transportation. the name of the Senator from Lou- tiple rifles and shotguns. By Mr. AKAKA (for himself, Mr. isiana (Ms. LANDRIEU) was added as a S. 598 INOUYE, and Mr. MENENDEZ): cosponsor of S. 195, a bill to reinstate At the request of Mrs. FEINSTEIN, the S. 1141. A bill to exempt children of certain Federal matching of State spending of Filipino World War II veterans from the nu- name of the Senator from Maryland merical limitations on immigrant visas and child support incentive payments. (Mr. CARDIN) was added as a cosponsor for other purposes; to the Committee on the S. 274 of S. 598, a bill to repeal the Defense of Judiciary. At the request of Mrs. HAGAN, the Marriage Act and ensure respect for By Mr. TESTER (for himself, Ms. MUR- name of the Senator from Maryland State regulation of marriage. KOWSKI, and Mr. REID): (Mr. CARDIN) was added as a cosponsor S. 658 S. 1142. A bill to promote the mapping and of S. 274, a bill to amend title XVIII of At the request of Ms. KLOBUCHAR, the development of the United States geo- thermal resources by establishing a direct the Social Security Act to expand ac- names of the Senator from Connecticut loan program for high risk geothermal explo- cess to medication therapy manage- (Mr. BLUMENTHAL), the Senator from ration wells, to amend the Energy Independ- ment services under the Medicare pre- Massachusetts (Mr. BROWN), the Sen- ence and Security Act of 2007 to improve geo- scription drug program. ator from Vermont (Mr. SANDERS) and

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3429 the Senator from Alaska (Mr. BEGICH) S. 857 Health Service Act to reauthorize the were added as cosponsors of S. 658, a At the request of Mr. GRASSLEY, the program of payments to children’s hos- bill to provide for the preservation by name of the Senator from Maryland pitals that operate graduate medical the Department of Defense of documen- (Ms. MIKULSKI) was added as a cospon- education programs. tary evidence of the Department of De- sor of S. 857, a bill to amend the Ele- S. 968 fense on incidents of sexual assault and mentary and Secondary Education Act At the request of Mr. LEAHY, the sexual harassment in the military, and of 1965 to aid gifted and talented learn- names of the Senator from New York for other purposes. ers, including high-ability learners not (Mrs. GILLIBRAND) and the Senator S. 699 formally identified as gifted. from Florida (Mr. RUBIO) were added as At the request of Mr. BINGAMAN, the S. 868 cosponsors of S. 968, a bill to prevent name of the Senator from North Da- At the request of Mr. HATCH, the online threats to economic creativity kota (Mr. HOEVEN) was added as a co- name of the Senator from Tennessee and theft of intellectual property, and sponsor of S. 699, a bill to authorize the (Mr. CORKER) was added as a cosponsor for other purposes. Secretary of Energy to carry out a pro- of S. 868, a bill to restore the long- S. 972 gram to demonstrate the commercial standing partnership between the At the request of Mr. CARPER, the application of integrated systems for States and the Federal Government in name of the Senator from New Jersey long-term geological storage of carbon managing the Medicaid program. (Mr. LAUTENBERG) was added as a co- dioxide, and for other purposes. S. 891 sponsor of S. 972, a bill to amend titles S. 738 At the request of Mr. GRASSLEY, the 23 and 49, United States Code, to estab- At the request of Ms. STABENOW, the name of the Senator from Maine (Ms. lish procedures to advance the use of names of the Senator from New Jersey SNOWE) was added as a cosponsor of S. cleaner construction equipment on (Mr. LAUTENBERG) and the Senator 891, a bill to amend title XVIII of the Federal-aid highway and public trans- from Delaware (Mr. COONS) were added Social Security Act to provide for the portation construction projects, to as cosponsors of S. 738, a bill to amend recognition of attending physician as- make the acquisition and installation title XVIII of the Social Security Act sistants as attending physicians to of emission control technology an eli- to provide for Medicare coverage of serve hospice patients. gible expense in carrying out such comprehensive Alzheimer’s disease and S. 895 projects, and for other purposes. related dementia diagnosis and serv- At the request of Mr. BEGICH, the S. 998 ices in order to improve care and out- name of the Senator from Delaware comes for Americans living with Alz- At the request of Mr. AKAKA, the (Mr. COONS) was added as a cosponsor heimer’s disease and related dementias name of the Senator from Georgia (Mr. of S. 895, a bill to amend the Elemen- ISAKSON) was added as a cosponsor of S. by improving detection, diagnosis, and tary and Secondary Education Act of care planning. 998, a bill to amend title IV of the Em- 1965 to invest in innovation for edu- ployee Retirement Income Security S. 755 cation. Act of 1974 to require the Pension Ben- At the request of Mr. WYDEN, the S. 906 name of the Senator from Maryland efit Guaranty Corporation, in the case At the request of Mr. WICKER, the of airline pilots who are required by (Ms. MIKULSKI) was added as a cospon- name of the Senator from Kentucky sor of S. 755, a bill to amend the Inter- regulation to retire at age 60, to com- (Mr. MCCONNELL) was added as a co- nal Revenue Code of 1986 to allow an pute the actuarial value of monthly sponsor of S. 906, a bill to prohibit tax- offset against income tax refunds to benefits in the form of a life annuity payer funded abortions and to provide pay for restitution and other State ju- commencing at age 60. for conscience protections, and for dicial debts that are past-due. S. 1025 other purposes. S. 756 At the request of Mr. LEAHY, the S. 948 At the request of Mr. GRASSLEY, the names of the Senator from New York name of the Senator from Massachu- At the request of Mr. MERKLEY, the (Mrs. GILLIBRAND), the Senator from setts (Mr. BROWN) was added as a co- names of the Senator from Missouri Delaware (Mr. COONS) and the Senator sponsor of S. 756, a bill to amend title (Mr. BLUNT) and the Senator from from South Dakota (Mr. JOHNSON) were XI of the Social Security Act to pro- Michigan (Ms. STABENOW) were added added as cosponsors of S. 1025, a bill to vide for the public availability of Medi- as cosponsors of S. 948, a bill to pro- amend title 10, United States Code, to care claims data. mote the deployment of plug-in elec- enhance the national defense through tric drive vehicles, and for other pur- S. 757 empowerment of the National Guard, poses. At the request of Mr. BARRASSO, the enhancement of the functions of the name of the Senator from North Da- S. 951 National Guard Bureau, and improve- kota (Mr. HOEVEN) was added as a co- At the request of Mrs. MURRAY, the ment of Federal-State military coordi- sponsor of S. 757, a bill to provide in- name of the Senator from Missouri nation in domestic emergency re- centives to encourage the development (Mrs. MCCASKILL) was added as a co- sponse, and for other purposes. and implementation of technology to sponsor of S. 951, a bill to improve the S. 1039 capture carbon dioxide from dilute provision of Federal transition, reha- At the request of Mr. CARDIN, the sources on a significant scale using di- bilitation, vocational, and unemploy- name of the Senator from California rect air capture technologies. ment benefits to members of the (Mrs. BOXER) was added as a cosponsor S. 792 Armed Forces and veterans, and for of S. 1039, a bill to impose sanctions on At the request of Mr. PRYOR, the other purposes. persons responsible for the detention, name of the Senator from Mississippi S. 952 abuse, or death of Sergei Magnitsky, (Mr. COCHRAN) was added as a cospon- At the request of Mr. DURBIN, the for the conspiracy to defraud the Rus- sor of S. 792, a bill to authorize the name of the Senator from Hawaii (Mr. sian Federation of taxes on corporate waiver of certain debts relating to as- INOUYE) was added as a cosponsor of S. profits through fraudulent transactions sistance provided to individuals and 952, a bill to authorize the cancellation and lawsuits against Hermitage, and households since 2005. of removal and adjustment of status of for other gross violations of human S. 800 certain alien students who are long- rights in the Russian Federation, and At the request of Mr. HARKIN, the term United States residents and who for other purposes. name of the Senator from Washington entered the United States as children S. 1042 (Mrs. MURRAY) was added as a cospon- and for other purposes. At the request of Ms. MURKOWSKI, the sor of S. 800, a bill to amend the Safe, S. 958 name of the Senator from South Caro- Accountable, Flexible, Efficient Trans- At the request of Mr. CASEY, the lina (Mr. DEMINT) was added as a co- portation Equity Act: A Legacy for name of the Senator from Washington sponsor of S. 1042, a bill to amend title Users to reauthorize and improve the (Ms. CANTWELL) was added as a cospon- XVIII of the Social Security Act to es- safe routes to school program. sor of S. 958, a bill to amend the Public tablish a Medicare payment option for

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3430 CONGRESSIONAL RECORD — SENATE May 26, 2011 patients and physicians or practi- providing adequate funding for the de- thing that has become very controver- tioners to freely contract, without pen- velopment of housing as a response to sial. It is certainly not partisan in any alty, for Medicare fee-for-service items the acquired immunodeficiency syn- way. It is more geographical; that is, I and services, while allowing Medicare drome pandemic. have been one who has been opposed to beneficiaries to use their Medicare ben- S. RES. 172 the corn ethanol mandates ever since efits. At the request of Ms. KLOBUCHAR, the they first came out. I opposed the 2007 S. 1043 name of the Senator from Maryland Energy bill because it doubled the At the request of Mr. GRAHAM, the (Mr. CARDIN) was added as a cosponsor corn-based ethanol mandates, despite name of the Senator from Oklahoma of S. Res. 172, a resolution recognizing the mounting questions surrounding (Mr. INHOFE) was added as a cosponsor the importance of cancer research and ethanol’s compatibility with existing of S. 1043, a bill to amend the Energy the contributions made by scientists engines, its environmental sustain- Independence and Security Act of 2007 and clinicians across the United States ment, as well as transportational infra- to promote energy security through who are dedicated to finding a cure for structure needs. I can remember back the production of petroleum from oil cancer, and designating May 2011, as when they first did it, all the environ- sands, and for other purposes. ‘‘National Cancer Research Month’’. mentalists were saying corn ethanol S. 1048 S. RES. 185 will be the answer. They were all for it, but they are against it now. They all At the request of Mr. BARRASSO, his At the request of Mr. CARDIN, the name was added as a cosponsor of S. names of the Senator from Oregon (Mr. recognize that corn ethanol is bad for the environment. 1048, a bill to expand sanctions imposed WYDEN), the Senator from New Hamp- Now, the three areas I personally with respect to the Islamic Republic of shire (Ms. AYOTTE), the Senator from have a problem with are, No. 1, the en- Iran, North Korea, and Syria, and for Minnesota (Ms. KLOBUCHAR) and the vironment; No. 2, you have a compat- other purposes. Senator from Nebraska (Mr. NELSON) ibility situation. You talk to any of At the request of Mr. MENENDEZ, the were added as cosponsors of S. Res. 185, the farmers, any of the marine people, name of the Senator from Nevada (Mr. a resolution reaffirming the commit- they will tell you it is very destructive HELLER) was added as a cosponsor of S. ment of the United States to a nego- to the small engines. Thirdly, everyone 1048, supra. tiated settlement of the Israeli-Pales- is concerned with the high price of fuel, tinian conflict through direct Israeli- S. 1049 with the fact that corn ethanol is not Palestinian negotiations, reaffirming At the request of Mr. KYL, the name good for your mileage. Kris Kiser of the opposition to the inclusion of Hamas in of the Senator from Wyoming (Mr. Outdoor Power Equipment Manufactur- a unity government unless it is willing ENZI) was added as a cosponsor of S. ers testified before the Environment to accept peace with Israel and re- 1049, a bill to lower health premiums and Public Works Committee on nounce violence, and declaring that and increase choice for small business. ethanol’s compatibility or lack of com- Palestinian efforts to gain recognition S. 1059 patibility with more than 200 million of a state outside direct negotiations At the request of Mr. THUNE, the legacy engines across America which demonstrates absence of a good faith names of the Senator from Arkansas are not designed to run on certain commitment to peace negotiations, (Mr. BOOZMAN), the Senator from Mis- blends of ethanol. I will quote her tes- and will have implications for contin- sissippi (Mr. WICKER), the Senator from timony before our committee. She ued United States aid. Mississippi (Mr. COCHRAN), the Senator said: At the request of Mrs. MCCASKILL, from Georgia (Mr. ISAKSON) and the her name was added as a cosponsor of In the marine industry, if your machine Senator from New Hampshire (Ms. fails or your engine fails and you are 30 miles S. Res. 185, supra. AYOTTE) were added as cosponsors of S. offshore, this is a serious problem. If you are 1059, a bill to amend the Public Health S. RES. 188 in a snow machine and it fails in the wilder- Service Act to provide liability protec- At the request of Mr. KIRK, the name ness this is a serious problem. tions for volunteer practitioners at of the Senator from Georgia (Mr. Consumers complain about the de- health centers under section 330 of such ISAKSON) was added as a cosponsor of S. creasing fuel efficiency around corn Act. Res. 188, a resolution opposing State ethanol, containing 67 percent of the bailouts by the Federal Government. Btu of gasoline. We call it clear gas. S. 1064 AMENDMENT NO. 360 This is a good time to say we are not At the request of Mr. REED, the name talking about biomass. We are only of the Senator from Delaware (Mr. At the request of Mr. LEAHY, the name of the Senator from Minnesota talking about corn ethanol. Another CARPER) was added as a cosponsor of S. problem I have in my State of Okla- 1064, a bill to make effective the pro- (Ms. KLOBUCHAR) was added as a co- homa is we are a big cattle State and posed rule of the Food and Drug Ad- sponsor of amendment No. 360 intended that has driven up the cost of feedstock ministration relating to sunscreen to be proposed to S. 990, a bill to pro- to a level that is not acceptable. Ac- drug products, and for other purposes. vide for an additional temporary exten- sion of programs under the Small Busi- cording to the EPA, vehicles operating S. RES. 150 ness Act and the Small Business In- on E85 ethanol experience a 20-percent At the request of Mr. INHOFE, the vestment Act of 1958, and for other pur- to 30-percent drop in miles per gallon names of the Senator from Florida (Mr. poses. due to ethanol’s lower energy content. RUBIO) and the Senator from Arizona f Consumer reports found that E85 re- (Mr. KYL) were added as cosponsors of sulted in a 27-percent drop in fuel. S. Res. 150, a resolution calling for the STATEMENTS ON INTRODUCED As a result, you drive around Okla- protection of religious minority rights BILLS AND JOINT RESOLUTIONS homa—first of all, we are in Wash- and freedoms in the Arab world. By Mr. INHOFE (for himself and ington. It is my understanding there is S. RES. 162 Ms. SNOWE): no choice in Washington or Virginia or At the request of Mr. MENENDEZ, the S. 1085. A bill to amend the Clean Air in Maryland and those areas. In my names of the Senator from Hawaii (Mr. Act to define next generation biofuel, State of Oklahoma, we still have a AKAKA), the Senator from New York and to allow States the option of not choice, and the choice is very clear. (Mr. SCHUMER) and the Senator from participating in the corn ethanol por- The problem is the way this is set up, North Carolina (Mrs. HAGAN) were tions of the renewable fuel standard we will run into a barrier where they added as cosponsors of S. Res. 162, a due to conflicts with agricultural, eco- will no longer have clear gas available resolution expressing the sense of the nomic, energy, and environmental under the current formulas. For that Senate that stable and affordable hous- goals; to the Committee on Environ- reason, we have people who—at almost ing is an essential component of an ef- ment and Public Works. every station you see, the majority of fective strategy for the prevention, Mr. INHOFE. Mr. President, I have the stations you see in Oklahoma, you treatment, and care of human immuno- introduced a bill, S. 1085. I have some have signs such as this: Ethanol free. deficiency virus, and that the United cosponsors, including Senator SNOWE 100 percent gasoline. This is all over States should make a commitment to from Maine. The bill addresses some- the State of Oklahoma.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3431 There is a solution to this problem, very pleased that Senator BLUNT has gram, this bill will also allow the De- and it is one I have introduced in this joined me in introducing this legisla- partment of Education to award com- bill. Before describing that, I think the tion; he and I are both long-time sup- petitive grants to support increased op- most pressing issue of this so-called porters of the Special Olympics and portunities for inclusive participation blend wall is that EISA mandated 15 Best Buddies programs authorized in by individuals with intellectual dis- billion gallons of corn-based ethanol by this legislation. Equally importantly, abilities in sports and recreation pro- 2015, but today it is readily apparent we are continuing the bipartisan sup- grams. that the country cannot physically ab- port that this legislation has histori- I am pleased to be the chief sponsor sorb this much corn ethanol. It is too cally enjoyed. of this legislation, which will continue much, too fast. In Oklahoma, ethanol’s The Special Olympics program is re- our support for these important pro- blend wall has nearly eliminated con- spected around the world as a model grams that promote the extraordinary sumer choice. The fuel blenders and gas and leader in using sport to end the gifts and contributions of people with station owners have little option but to isolation and stigmatization of individ- intellectual disabilities as well as sell ethanol-blended gasoline, despite uals with intellectual disabilities. For broader community inclusion. strong consumer demand for clear gas. more than 40 years, Special Olympics I urge all my colleagues to join with There is the consumer demand all over has encouraged skill development, me and Senator BLUNT in supporting the State of Oklahoma. sharing, courage and confidence this very worthy bill. What is the solution? I introduced a through year-round sports training and very simple, five-page bill. The bill athletic competition for children and By Mr. KERRY (for himself, Ms. would allow individual States to opt adults with intellectual disabilities. STABENOW, Mr. BLUMENTHAL, out of the mandate. It would require Through their programs, Special Olym- and Mr. CARDIN): their State legislature wants this and pics has helped to ensure that millions S. 1088. A bill to provide increased they pass a resolution, it is signed by of individuals with intellectual disabil- funding for the reinsurance for early the governor, and they would be able to ities are assured of equal opportunities program; to the Committee on Health, opt out. The State would pass a bill. It for community participation, access to Education, Labor, and Pensions. is signed by the Governor, stating its appropriate health care, and inclusive Mr. KERRY. Mr. President, today I election to exercise this option. The education, and to experience life in a am introducing the Retiree Health Administrator of the EPA would then nondiscriminatory manner. Special Coverage Protection Act to provide an reduce the amount of the national corn Olympics gives athletes with intellec- additional $5 billion for the Early Re- ethanol mandate by the percentage tual disabilities the tools they need to tiree Reinsurance Program, EERP, to amount of the gasoline consumed by be included in society, and it gives so- allow more employers to participate in this State. ciety the understanding and tools it the program. It will also further reduce This option nonparticipation would needs to include them. the cost of retiree coverage. only apply to the corn portion of the I can speak first-hand about what a I worked with Sen. STABENOW to in- RFS and would not affect any of the rewarding experience it is for all of us clude the EERP program in the Afford- volumetric requirements of advanced who have been involved in Special able Care Act due to the erosion of em- biofuels. We are big in advanced Olympics. In 2006, my state of Iowa ployer-sponsored retiree coverage biofuels in my State of Oklahoma, the hosted the first USA National Summer across the country. The percentage of various foundations, Oklahoma State Games. Thousands of athletes, volun- large firms providing workers with re- University. We have switchgrass we are teers, coaches, and families attended tiree health coverage dropped from 66 working on, and it is something we are our Games, in addition to 30,000 fans percent in 1988 to 29 percent in 2009. all for. The bill actually redefines cel- and spectators. Ames, IA, was trans- The ERRP helps to control health lulosic biofuels as next generation formed into an Olympic Village, and it care costs and preserve coverage for biofuel. The previously defined cellu- was thrilling to experience. early retirees and their families and losic biofuel carveout is expanded to Similarly, the Best Buddies program has been remarkably successful in include algae and any nonethanol re- is dedicated to ending the social isola- making retiree health insurance cov- newable fuel derived from renewable tion of people with intellectual disabil- erage more stable and affordable. biomass. So this is something that is ities by promoting peer support and Employers who participate in the not going to be incompatible. It is friendships with their peers without program can receive a reinsurance re- going to be very compatible with our disabilities. The aim is to increase the imbursement of up to 80 percent of cat- interest here. So for those people who self-esteem, confidence and abilities of astrophic medical claims between say: We demand to have corn-based people with and without intellectual $15,000 and $90,000 for their early retiree ethanol, you can have it. All this is is disabilities. Equally important, the enrollees. The reimbursement is used choice, and if we and the people of my Best Buddies program has provided op- to reduce the employer’s health care State of Oklahoma want a choice of portunities for integrated employment costs and to lower premiums to retir- clear gas or corn ethanol, they should for individuals with intellectual dis- ees and their families. A study from be able to do it. I honestly don’t think abilities. Hewitt Associates estimates that the there is a legitimate argument against Research shows that participation in program will reduce the cost of retiree that. I plan to try to get some cospon- activities involving both people with coverage from 25 to 35 percent, any- sors. I think my good friend from Flor- intellectual disabilities and people where from $2,000 to $3,000 per retiree, ida might be interested in cosponsoring without disabilities results in more per year. something such as this because this positive support for inclusion in soci- The program has garnered robust gives choice to the people of his State ety, including in schools. participation among a wide range of re- as well as my State. This bill is named in honor of Eunice tiree health plan sponsors from all Kennedy Shriver, who devoted her life major sectors of our economy. Earlier By Mr. HARKIN (for himself and to improving the lives of people with this month, it was announced that 5,515 Mr. BLUNT): intellectual disabilities around the plan sponsors have been approved to S. 1086. A bill to reauthorize the Spe- world. Mrs. Shriver founded and fos- participate in the program and nearly cial Olympics Sport and Empowerment tered the development of Special Olym- $2.5 billion reinsurance reimburse- Act of 2004, to provide assistance to pics and Best Buddies, both of which ments have been paid to 1,728 partici- Best Buddies to support the expansion celebrate the possibilities of a world pating retiree plans. and development of mentoring pro- where all people, including those with The ERRP has been so successful grams, and for other purposes; to the disabilities, have meaningful opportu- that the Centers for Medicare and Med- Committee on Health, Education, nities for participation and inclusion. icaid Services, CMS, announced it Labor, and Pensions. In addition to reauthorizing the could no longer accept applications for Mr. HARKIN. Mr. President, I have former Special Olympics Sports and the program after May 6 because the come to the floor, today, to introduce Empowerment Act and providing an overwhelming response would exhaust the Eunice Kennedy Shriver Act. I am authorization for the Best Buddies pro- the $5 billion in appropriated program

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3432 CONGRESSIONAL RECORD — SENATE May 26, 2011 funding. Until additional insurance riod. These firms are therefore re- suring timely access to high quality health market reforms are enacted in 2014, we warded for the number of veterans they care for such veterans. should build on the demonstrated suc- sign up, not for the quality of treat- (8) The top priorities for CBOCs should be to provide quality health care and patient cess of ERRP. ment provided to our veterans. While I satisfaction for America’s veterans. Senator STABENOW, Senator am not opposed to capitation per se, I (9) The Department of Veterans Affairs BLUMENTHAL, and I are working to- am concerned current VA policy pro- currently tracks the quality of patient care gether to preserve insurance coverage vides contractors with the wrong in- through its Computerized Patient Record for millions of retirees who rely on on centives. Contracted health care pro- System. However, fees paid to contractors health coverage through their former viders should have incentives to pro- are not currently adjusted automatically to employers before they become eligible vide the best possible care for veterans, reflect the quality of care provided to pa- for Medicare. That is why we are intro- not simply get as many veterans as tients. (10) A pay-for-performance payment model ducing legislation, the Retiree Health possible through their doors. offers a promising approach to health care Coverage Protection Act, to provide an As a result of the capitated system, delivery by aligning the payment of fees to additional $5 billion in ERRP funding. it has been reported that too many of contractors with the achievement of better This additional funding could be used our nation’s heroes have faced difficul- health outcomes for patients. to allow more employers to participate ties at these clinics in scheduling ap- (11) The Department of Veterans Affairs in the program and to further reduce pointments, have suffered from neglect should begin to emphasize pay-for-perform- the cost of retiree coverage. or have received substandard health ance in its contracts with CBOCs. SEC. 3. PAY-FOR-PERFORMANCE UNDER DEPART- Over 180 employers who offer retiree care. This occurred under the last ad- MENT OF VETERANS AFFAIRS CON- health benefits in Massachusetts have ministration and I am concerned it TRACTS WITH COMMUNITY-BASED taken advantage of this program. may be continuing in the current one. OUTPATIENT HEALTH CARE CLIN- These public and private sector em- As such, I am reintroducing the Vet- ICS. erans Health Care Improvement Act, (a) PLAN REQUIRED.—Not later than one ployers in the Commonwealth rep- year after the date of the enactment of this resent various entities, including: city which attempts to fix the way VA-con- Act, the Secretary of Veterans Affairs shall governments, hospitals, colleges, and tracted health care providers are com- submit to Congress a plan to introduce pay- financial service institutions. pensated at clinics. This bill would re- for-performance measures into contracts I would like to thank a number of or- quire the VA to begin to introduce a which compensate contractors of the Depart- ganizations who have been integral to pay-for-performance compensation ment of Veterans Affairs for the provision of the development of the Retiree Health plan for contractors, thereby gradually health care services through community- based outpatient clinics (CBOCs). Coverage Protection Act and who have incentivizing a higher quality of care (b) ELEMENTS.—The plan required by sub- endorsed our legislation today, includ- for veterans seen at privately-adminis- section (a) shall include the following: ing the American Federation of Labor tered community-based outpatient (1) Measures to ensure that contracts of and Congress of Industrial Organiza- clinics. the Department for the provision of health tions, AFL–CIO, the Alliance for Re- This bill gives the VA the flexibility care services through CBOCs begin to utilize tired Americans, the American Federa- to begin to implement such a system pay-for-performance compensation mecha- tion of State, County, and Municipal through a pilot program and leaves the nisms for compensating contractors for the VA the discretion as to how to adopt provision of such services through such clin- Employees, AFSCME, Families USA, ics, including mechanisms as follows: the International Union, United Auto- and best implement the pay-for-per- (A) To provide incentives for clinics that mobile, Aerospace & Agricultural Im- formance standards. In this respect, provide high-quality health care. plement Workers of America, UAW, the bill defers to the VA on how best to (B) To provide incentives to better assure and the National Education Associa- execute these changes. It is my hope patient satisfaction. tion, NEA. that my colleagues will support this (C) To impose penalties (including termi- I look forward to working with my measure. nation of contract) for clinics that provide substandard care. colleagues in the Senate to protect and Mr. President, I ask unanimous con- sent that the text of the bill be printed (2) Mechanisms to collect and evaluate stabilize retiree health coverage by en- data on the outcomes of the services gen- suring the ERRP has adequate funding. in the RECORD. erally provided by CBOCs in order to provide I ask my colleagues to cosponsor this There being no objection, the text of for an assessment of the quality of health important legislation. the bill was ordered to be printed in care provided by such clinics. the RECORD, as follows: (3) Mechanisms to eliminate abuses in the By Mr. MCCONNELL: S. 1089 provision of health care services by CBOCs S. 1089. A bill to provide for the in- Be it enacted by the Senate and House of Rep- under contracts that continue to utilize troduction of pay-for-performance resentatives of the United States of America in capitated-basis compensation mechanisms Congress assembled, for compensating contractors. compensation mechanisms into con- (4) Mechanisms to ensure that veterans are SECTION 1. SHORT TITLE. tracts of the Department of Veterans not denied care or face undue delays in re- This Act may be cited as the ‘‘Veterans Affairs with community-based out- ceiving care. Health Care Improvement Act of 2011’’. patient clinics for the provision of (c) IMPLEMENTATION.—The Secretary shall health care services, and for other pur- SEC. 2. FINDINGS. commence the implementation of the plan Congress makes the following findings: required by subsection (a) unless Congress poses; to the Committee on Veterans’ (1) Veterans of the Armed Forces have Affairs. enacts an Act, not later than 60 days after made tremendous sacrifices in the defense of the date of the submittal of the plan, prohib- Mr. MCCONNELL. Mr. President, I freedom and liberty. iting or modifying implementation of the rise today to introduce the Veterans (2) Congress recognizes these great sac- plan. In implementing the plan, the Sec- Health Care Improvement Act of 2011. rifices and reaffirms America’s strong com- retary may initially carry out one or more As we all know, the Department of mitment to its veterans. pilot programs to assess the feasability and Veterans Affairs strives to provide the (3) As part of the on-going congressional advisability of mechanisms under the plan. best possible health care for our na- effort to recognize the sacrifices made by (d) REPORTS.—Not later than 180 days after the date of the enactment of this Act and tion’s heroes. However, it has come to America’s veterans, Congress has dramati- cally increased funding for the Department every 180 days thereafter, the Secretary shall my attention that the quality of care of Veterans Affairs for veterans health care submit to Congress a report setting forth the provided to our nation’s veterans re- in the years since September 11, 2001. recommendations of the Secretary as to the mains inconsistent among community- (4) Part of the funding for the Department feasability and advisability of utilizing pay- based outpatient clinics. Some of these of Veterans Affairs for veterans health care for-performance compensation mechanisms clinics are operated by private health is allocated toward community-based out- in the provision of health care services by care providers under VA contracts. patient clinics (CBOCs). the Department by means in addition to CBOCs. These VA-contracted health care pro- (5) Many CBOCs are administered by pri- viders are compensated for their work vate contractors. (6) CBOCs administered by private contrac- By Mr. UDALL of Colorado: at community-based outpatient clinics tors operate on a capitated basis. S. 1093. A bill to amend the Internal on a capitated basis, which means they (7) Some current contracts for CBOCs may Revenue Code of 1986 to provide that are essentially paid based on how many create an incentive for contractors to sign solar energy property need not be lo- new veterans they see during a pay pe- up as many veterans as possible, without en- cated on the property with respect to

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3433 which it is generating electricity in adopting solar energy, opens up new dwelling, so long as any such displacement order to qualify for the residential en- markets, and creates a simple struc- from such property occurs not more than 50 ergy efficient property credit; to the ture to allow people to utilize clean en- miles from such dwelling unit, Committee on Finance. ergy for their home. but only if such property is not used in a Mr. UDALL of Colorado. Mr. Presi- Mr. Presdient, I ask unanimous con- trade or business of the taxpayer or in an ac- dent, I rise to speak about a bill that is sent that the text of the bill be printed tivity with respect to which a deduction is allowed to the taxpayer under section 162 or born from the forward-thinking ideas in the RECORD. paragraph (1) or (2) of section 212. of my constituents, a bill that will help There being no objection, the text of ‘‘(ii) RECAPTURE.—The Secretary may pro- spur our Nation’s new energy economy the bill was ordered to be printed in vide for the recapture of the credit under and create jobs: the Solar Uniting the RECORD, as follows: this subsection with respect to any property Neighborhoods Act, or SUN Act. S. 1093 described in clause (i) which ceases to satisfy Over the last three years, I have been Be it enacted by the Senate and House of Rep- the requirements of such clause.’’. travelling across Colorado as part of a resentatives of the United States of America in (b) LIMITATION WITH RESPECT TO OFF-SITE work force tour to talk directly to Congress assembled, SOLAR PROPERTY.—Paragraph (3) of section Coloradans and hear their innovative SECTION 1. SHORT TITLE. 25D(b) of the Internal Revenue Code of 1986, as added by section 2, is amended to read as policy ideas to create jobs. The SUN This Act may be cited as the ‘‘Solar Unit- ing Neighborhoods (SUN) Act of 2011’’. follows: Act comes directly from visiting with ‘‘(3) MAXIMUM CREDIT FOR OFF-SITE SOLAR Coloradans. SEC. 2. CLARIFICATION WITH RESPECT TO LOCA- TION OF SOLAR ELECTRIC PROP- PROPERTY.—In the case of— This bill will help bring common- ERTY. ‘‘(A) any qualified solar electric property sense to our tax code, get government (a) IN GENERAL.—Paragraph (2) of section expenditure which is such an expenditure by out of the way of developing solar en- 25D(d) of the Internal Revenue Code of 1986 is reason of clause (ii) of subsection (d)(2)(A), ergy, and spur job growth in every amended to read as follows: and community across the United States. ‘‘(2) QUALIFIED SOLAR ELECTRIC PROPERTY ‘‘(B) any qualified solar water heating I installed solar panels on my own EXPENDITURE.— property expenditure which is such an ex- ‘‘(A) IN GENERAL.—The term ‘qualified penditure by reason of subparagraph (B) of home several years ago to take advan- subsection (d)(1), tage of the strong Colorado sun. How- solar electric property expenditure’ means an expenditure for property which uses solar the credit allowed under subsection (a) (de- ever, I understand this option is not energy to generate electricity— termined without regard to subsection (c)) available for all American families who ‘‘(i) for use in a dwelling unit located in for any taxable year with respect to all such want to receive their home’s energy the United States and used as a residence by expenditures shall not exceed $50,000.’’. needs from solar power. There can be the taxpayer, or (c) EFFECTIVE DATE.—The amendments difficulties attaching solar panels to ‘‘(ii) which enters the electrical grid at any made by this section shall apply to taxable your home, which is why more and point which is not more than 50 miles from years beginning after the date of the enact- more neighborhoods and towns are cre- the point at which such a dwelling unit used ment of this Act. ating so called ‘‘community solar’’ as a residence by the taxpayer is connected SEC. 4. EXCLUSION OF INCOME FROM QUALI- to such grid, but only if such property is not FYING SALES. projects. used in a trade or business of the taxpayer or Instead of affixing solar panels to (a) IN GENERAL.—Part III of subchapter B in an activity with respect to which a deduc- of chapter 1 is amended by inserting before every roof on the block, an increasing tion is allowed to the taxpayer under section section 140 the following new section: number of Americans have decided to 162 or paragraph (1) or (2) of section 212. ‘‘SEC. 139F. INCOME FROM QUALIFYING SALES OF place those same solar panels all to- ‘‘(B) RECAPTURE.—The Secretary may pro- SOLAR ELECTRICITY. gether in one open and unobstructed vide for the recapture of the credit under ‘‘For any taxable year, gross income of any sunny area near their homes. By group- this subsection with respect to any property person shall not include any gain from the ing solar panels together, it reduces described in clause (ii) of subparagraph (A) sale or exchange to the electrical grid during which ceases to satisfy the requirements of the cost by up to 30 percent compared such taxable year of electricity which is gen- such clause.’’. erated by property with respect to which any to installing each panel on every roof (b) LIMITATION WITH RESPECT TO OFF-SITE qualified solar electric property expenditures separately. Whether used by neighbors SOLAR PROPERTY.—Subsection (b) of section are eligible to be taken into account under living at the end of a cul-de-sac or de- 25D of the Internal Revenue Code of 1986 is section 25D, but only to the extent such gain amended by adding at the end the following veloped by our rural energy coopera- does not exceed the value of the electricity new paragraph: tives, creating these group solar used at such residence during such taxable ‘‘(3) MAXIMUM CREDIT FOR OFF-SITE SOLAR projects to share energy is a great way year.’’. PROPERTY.—In the case of any qualified solar to lower the cost of developing solar (b) TECHNICAL AMENDMENT.—The Internal electric property expenditure which is such Revenue Code of 1986 is amended by redesig- energy. an expenditure by reason of clause (ii) of sub- nating the section added to such Code by sec- But there is a problem: our tax code section (d)(2)(A), the credit allowed under tion 10108(f) of the Patient Protection and is getting in the way. It discourages subsection (a) (determined without regard to Affordable Care Act as section 139E, and by neighborhood solar projects by requir- subsection (c)) for any taxable year with re- locating such section immediately after sec- spect to all such expenditures shall not ex- ing that solar panels must actually be tion 139D of such Code (as added by section ceed $50,000.’’. on your property instead of allowing 9021(a) of such Act) and immediately before (c) EFFECTIVE DATE.—The amendments neighbors and others to partner on section 139F of such Code (as added by this made by this section shall apply to taxable community solar projects. This dis- section). years beginning after the date of the enact- courages innovation and slows the ment of this Act. (c) CLERICAL AMENDMENT.—The table of growth of solar power as an alternate sections for part III of subchapter B of chap- SEC. 3. CLARIFICATION WITH RESPECT TO LOCA- ter 1 of such Code is amended by striking all energy source. TION OF SOLAR WATER HEATING The SUN Act would make a small PROPERTY. that follows after the item relating to sec- change to the tax code that would no (a) IN GENERAL.—Section 25D(d)(1) of the tion 139C and inserting the following items: longer constrain this innovative solar Internal Revenue Code of 1986 is amended— ‘‘Sec. 139D. Indian health care benefits. energy development. By eliminating (1) by striking ‘‘The term’’ and inserting ‘‘Sec. 139E. Free choice vouchers. the following: the requirement that solar panels be on ‘‘Sec. 139F. Income from qualifying sales of ‘‘(A) IN GENERAL.—The term’’, and solar electricity. one individual’s property, it allows (2) by adding at the end the following new ‘‘Sec. 140. Cross references to other Acts.’’. Americans to work together on com- subparagraph: (d) EFFECTIVE DATE.—The amendments munity projects where each individual ‘‘(B) OFF-SITE PROPERTY.— made by this section shall apply to taxable can claim a tax credit. This simple so- ‘‘(i) IN GENERAL.—Such term shall include years beginning after the date of the enact- lution makes it easier to adopt and use an expenditure for property described in sub- ment of this Act. clean, renewable energy. paragraph (A) notwithstanding— What excites me about this bill is ‘‘(I) whether such property is located on By Mrs. BOXER (for herself, Ms. the same site as the dwelling unit for which that it will create jobs for Americans COLLINS, Mr. KOHL, and Mr. the energy generated from such property is in every neighborhood where these used, and SANDERS): community solar projects are devel- ‘‘(II) whether the energy generated by such S. 1095. A bill to include geriatrics oped. This bill reduces barriers that property displaces the energy used to heat and gerontology in the definition of currently prevent Americans from the water load or space heating load for the ‘‘primary health services’’ under the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3434 CONGRESSIONAL RECORD — SENATE May 26, 2011 National Health Service Corps pro- ture. This legislation offers a modest men over the age of 50 will fracture a gram; to the Committee on Health, but important step toward creating the bone due to osteoporosis. Amazingly, a Education, Labor, and Pensions. future health care workforce that our woman’s risk of an osteoporotic frac- Mrs. BOXER. Mr. President, as we Nation so urgently needs. ture is greater than her annual com- recognize Older Americans Month this I look forward to working with my bined incidence of breast cancer, heart May it is important that we commit to colleagues to ensure that we meet our attack, and stroke, making access and meeting the needs of older Americans obligations to the seniors of our Nation affordability absolutely imperative. to live longer and healthier lives. to improve their care. I want to stress to my colleagues Our aging population is expected to that while there is no cure for almost double in number, from 37 mil- By Ms. SNOWE (for herself, Ms. osteoporosis, it is largely preventable lion people in 2009 to about 72 million STABENOW, Ms. MIKULSKI, Mr. and thousands of fractures could be by 2030. We must start now if we are CARDIN, and Mr. WICKER): avoided through early detection and going to adequately train the health S. 1096. A bill to amend title XVIII of treatment of low bone mass. New drug care workforce to meet the needs of an the Social Security Act to improve ac- therapies have been proven to reduce aging America. If we fail to prepare, cess to, and utilization of, bone mass fractures and to rebuild bone mass. At our Nation will face a crisis in pro- measurement benefits under the Medi- the same time, a bone mass measure- viding care to these older Americans. care part B program by extending the ment is necessary prior to initiating Health care providers with the nec- minimum payment amount for bone any form of osteoporosis therapy or essary training to give older Americans mass measurement under such program prophylaxis. the best care are in critically short through 2013; to the Committee on Fi- Bone mass measurements can be used supply. In its landmark report, Retool- nance. to determine the status of a person’s ing for an Aging America, the Institute Ms. SNOWE. Mr. President, I rise bone health and to predict the risk of of Medicine concluded that action today to join with Senator STABENOW future fractures. These tests are safe, must be taken immediately to address of Michigan to introduce The Preserva- painless, accurate, and quick. DXA, the severe workforce shortages in the tion of Access to Osteoporosis Testing dual energy x-ray absorptiometry, is care of older adults. for Medicare Beneficiaries Act of 2011. recognized by the World Health Organi- According to the Institute of Medi- The companion bill in the U.S. House zation, the U.S. Surgeon General, and cine, in 2009 only about 7,100 U.S. phy- of Representatives is being introduced the Centers for Medicare and Medicaid sicians were certified geriatricians; by Representative MICHAEL BURGESS Services as the ‘‘gold standard’’ for di- 36,000 are needed by 2030. In addition, with Representative SHELLEY BERKLEY. agnosing osteoporosis. just 4 percent of social workers and Since 1997, Congress has recognized A technique called vertebral fracture only 3 percent of advanced practice the necessity of osteoporosis preven- assessment or VFA can identify spinal nurses specialized in geriatrics in 2009. tion by standardizing coverage for bone fractures and show abnormally shaped Recruitment and retention of direct mass measurement under the Medicare vertebra. Bone density screenings have care workers is also a looming crisis program. At that time, I actively pur- been shown to result in 37 percent re- due to low wages and few benefits, lack sued inclusion of the language in the duction in hip fracture rates according of career advancement, and inadequate Medicare Bone Mass Measurement to a 2008 study by Kaiser in Southern training. Standardization bill as part of the Bal- California. Reimbursement under the Preparing our workforce for the job anced Budget Act of 1997. Later, with Medicare program for DXA screening is of caring for older Americans is an es- the passage of health care reform legis- scheduled to be reduced by 62 percent sential part of ensuring the future lation, Congress enacted a temporary by 2013 and VFA will be reduced by 30 health of our nation. Right now, there solution to the problem caused by percent by 2013. The reduction in Medi- is a critical shortage of health care Medicare cuts in reimbursement rates care reimbursement will almost cer- providers with the necessary training for osteoporosis screening tests tainly discourage physicians from con- and skills to provide our seniors with through bone mass measurements. The tinuing to provide convenient access to the best possible care. This is a tre- osteoporosis screening provision in the DXA screening or VFA in their offices. mendously important issue for Amer- Patient Protection and Affordable Care Since 2⁄3 of all DXA scans are per- ican families who are concerned about Act returned the Medicare reimburse- formed in non-facility settings, such as quality of care and quality of life for ment level to 70 percent of the 2006 physician offices, patient access to their older relatives and friends. Medicare reimbursement rate. bone mass measurement will continue It is clear that there is a need for fed- Regrettably, this provision will ex- to be severely compromised if DXA eral action to address these issues, and pire at the end of the calendar year. scans are not readily available to all that is why I am joined today by Sen- For Medicare beneficiaries, this sunset patients. Our bill would renew the cur- ators COLLINS, KOHL and SANDERS in means that access to osteoporosis diag- rent Medicare levels for reimbursement reintroducing the Caring for an Aging nosis, prevention, and treatment will relief to preserve access to DXA America Act. This legislation would once again be in jeopardy as Medicare screenings, improve patient care, and help attract and retain trained health reimbursement rates for osteoporosis prevent unnecessary costs to the Medi- care professionals and direct care screening will plummet by about 50 care program through reduced expendi- workers dedicated to providing quality percent on January 1, 2012. Moreover, tures on fractures. care to the growing population of older without adequate Medicare reimburse- Osteoporosis, which is responsible for Americans by providing them with ment rates, we most certainly risk los- more than two million fractures annu- loan forgiveness and career advance- ing the battle for improving access to ally, is a silent disease that often goes ment opportunities through the Na- bone density testing as well as pre- undetected until a fall or an injury re- tional Health Service Corps. venting debilitating and costly bone sults in a broken bone. Our senior pop- Specifically, for health professionals fractures—an outcome we can ill af- ulation is at greatest risk, with 89 per- with training in geriatrics or geron- ford. cent of fracture costs attributed to in- tology—including physicians, physi- A disease of reduced bone mass that dividuals who are 65 years of age or cian assistants, advance practice ultimately results in bones becoming older. Perhaps the most tragic con- nurses, social workers, and psycholo- brittle and fracturing more easily, sequences occur with elderly individ- gists—the legislation would link edu- osteoporosis constitutes a major public uals who fall and suffer osteoporotic cational loan repayment to a commit- health threat, affecting 44 million hip fractures. ment to serve in areas with a shortage Americans who either have the disease Of those senior citizens suffering hip of these important health profes- or are at risk for developing it due to fractures, 12–13 percent will die within sionals. low bone density. Osteoporosis is espe- 6 months following the injury and 20 Ensuring we have a well-trained cially prevalent among women, who percent will require nursing home care health care workforce with the skills represent an incredible 71 percent of all . . . often for the rest of their lives. to care for our aging population is a cases. In fact, in their lifetime, one in Moreover, the Medicaid budget bears critical investment in America’s fu- two women and as many as one in four the cost of nursing home admissions

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3435 for hip fractures for low-income Ameri- good can come from linking political sponsibility of bidders from including cans. In general, osteoporotic fractures information to a process which must be political information, except for infor- result in an estimated annual cost of grounded solely and unequivocally on mation on contractors’ violations al- $19 billion to our health care system. providing the very best value to Amer- ready permitted by law. I remain hopeful that one day re- ican taxpayers? Whether or not a prospective con- searchers will discover a cure for this The trust of the American people in tractor agrees with the political views silent and debilitating disease. In the the integrity of our Federal contract of this or any other administration meantime, early detection continues to award process depends on ensuring that should be completely irrelevant. be our best weapon against the government’s ‘‘best value’’ deter- Businesses that have supported con- osteoporosis, because it is through mination is free from political bias. It servative causes or whose directors early detection that we can best is unfathomable that this administra- have contributed to Republican can- thwart the progress of osteoporosis by tion would even consider a move that didates should not have to fear that initiating preventive measures to com- would inject politics into the process, bidding for Federal work would be a bat bone loss. or create a perception that politics is waste of their effort. Similarly, in the next Republican ad- Continuing our current Medicare re- something to be considered in selecting ministration, contributors to Demo- imbursement rate for osteoporosis the winners and losers among busi- cratic causes and candidates should not screening tests satisfies the triple aim nesses vying for Federal contracts. be intimidated from competing for con- of better care, improved health, and In addition to threatening the integ- tracts. The result of such consider- lower costs. I hope that our colleagues rity of the procurement process, the ations would be less competition for TABENOW draft Executive Order would also chill will join Senator S and me in Federal contracts and thus higher the First Amendment rights of individ- supporting this bill. prices for goods and services procured uals to contribute to the political By Ms. COLLINS (for herself, Mr. by the Federal Government. causes or candidates they choose. The President and the Federal con- MCCONNELL, Mr. KYL, Mr. AL- Were the President to issue such an tracting system must not discourage EXANDER, Mr. PORTMAN, Mr. order, undoubtedly we would see a businesses from competing for govern- BROWN of Massachusetts, Mr. chilling effect on political activity. ment contracts. At a time when the JOHNSON of Wisconsin, Mr. Many contractors would fear that the budget is under severe constraints, the MORAN, Mr. HATCH, Mr. GRASS- success or viability of their business administration should be seeking to ex- LEY, Mr. ENZI, Mr. CORNYN, Mr. could be threatened if they support the pand the pool of bidders, not shrink it. BURR, Mr. ISAKSON, Mr. VITTER, causes or candidates opposed by the ad- In April, 27 Senators wrote to the Mr. THUNE, Mr. BARRASSO, Mr. ministration. President to express our opposition to WICKER, Mr. JOHANNS, Mr. If the collection of such data were re- this ill-conceived proposal. We pointed COATS, Ms. AYOTTE, and Mr. quired, American businesses would be out that ‘‘political activity would obvi- BLUNT) forced to think twice before contrib- ously be chilled if prospective contrac- S. 1100. A bill to amend title 41, uting to political candidates or causes. tors have to fear that their livelihood United States Code, to prohibit insert- In true Orwellian fashion, the draft could be threatened if the causes they ing politics into the Federal acquisi- executive order suggests that the only support are disfavored by the Adminis- tion process by prohibiting the submis- way to keep politics out of the con- tration. No White House should be able sion of political contribution informa- tracting process is to include political to review your political party affili- tion as a condition of receiving a Fed- information with every contract offer. ation or the causes you support before eral contract; to the Committee on If the White House gets its way, Fed- deciding if you are worthy of a govern- Homeland Security and Governmental eral agencies would have to collect in- ment contract. And no American Affairs. formation about the campaign con- should have to worry about whether his Ms. COLLINS. Mr. President, I rise tributions and other political expendi- or her political activities or support today to introduce the Keeping Politics tures of potential contractors before will affect the ability to get or keep a Out of Federal Contracting Act of 2011. any contract could be awarded. federal contract * * *’’ This bill would prohibit Federal agen- This EO would be far reaching and I also joined three other colleagues in cies from collecting or using informa- would apply not only to contributions a bipartisan letter to the President in tion about political contributions made made by the contracting company but May stressing the Executive Order’s by businesses or individuals that seek also to those made by its directors, of- impact on the Federal contracting to do business with the Federal Gov- ficers, and affiliates. process and the already stretched-thin ernment. My bill would keep politics These requirements would also apply Federal acquisition workforce. out of Federal contracting. retroactively to contributions made I have not received a response to ei- I am pleased to be joined in this ef- two years before the submission of an ther letter. fort by Minority Leader MITCH MCCON- offer. Just think about—political dona- It simply doesn’t pass the straight face test for this administration to NELL, Republican Whip JON KYL, Rules tions made years before a contract is suggest that this dramatic change in Committee Ranking Member LAMAR even contemplated would have to be federal contracting is needed to remove ALEXANDER, Subcommittee on Con- shared with government officials. tracting Oversight Ranking Member By contrast, my bill reaffirms the politics from the contracting process. In fact, even the administration’s chief ROB PORTMAN, as well as our colleagues fundamental principle that federal con- procurement official recently admitted Senators SCOTT BROWN, RON JOHNSON, tracts should be awarded free from po- at a House hearing that there was no JERRY MORAN, ORRIN HATCH, CHUCK litical considerations and be based on evidence of any problem of political GRASSLEY, MIKE ENZI, JOHN CORNYN, the best value to the taxpayers. Spe- corruption in the contracting process RICHARD BURR, JOHNNY ISAKSON, DAVID cifically, the bill would prohibit a Fed- that would warrant correction with VITTER, JOHN THUNE, JOHN BARRASSO, eral agency from collecting the polit- this type of new Executive Order. ROGER WICKER, MIKE JOHANNS, DAN ical information of contractors and The reality is just the opposite: re- COATS, ROY BLUNT, and KELLY AYOTTE. their employees as part of any type of quiring disclosure of one’s political ac- We learned in April that the Obama request for proposal in anticipation of tivities and leanings as part of that administration was seriously consid- any type of contract. process would likely ensure that poli- ering requiring Federal agencies to col- It would prohibit the agency from tics would play a role in the award of lect information about campaign con- using political information received federal contracts. tributions by companies, some of their from any source as a factor in the If more transparency is truly the employees, and even their directors as source selection decision process for goal, why don’t these requirements a condition of competing for Federal new contracts, or in making decisions also apply to organizations receiving contracts. This is simply shocking. It related to modifications or extensions Federal grants? amounts to intentionally injecting po- of existing contracts; and prohibit In fact, campaign contributions to litical considerations into the Federal databases designed to be used by con- candidates and political committees al- contracting process. What possible tracting officers to determine the re- ready are required to be reported to the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3436 CONGRESSIONAL RECORD — SENATE May 26, 2011 Federal Election Commission, and with SEC. 2. PROVIDER TAX RULE EXEMPTION FOR rates and fees that can be as onerous as a click of a mouse, can be viewed on CERTAIN CONTINUING CARE RE- credit cards. There are reports of pri- TIREMENT COMMUNITIES. FEC.gov. In the case of a State that has a provider vate loans with variable interest rates Americans should get the best value tax that does not apply to continuing care reaching 18 percent. Unlike Federal in the marketplace and not a partisan retirement communities or life care commu- student loans, there are few consumer policy that stifles First Amendment nities (as such terms are used for purposes of protections available for private stu- rights, politicizes the contracting proc- section 1917(g) of the Social Security Act (42 dent loans. Some students who take ess, and reduces competition in Federal U.S.C. 1396p(g)) that have no beds that are out private loans find themselves certified to provide medical assistance (as contracting. I am pleased to note that trapped under an enormous amount of such term is defined under section 1905(a) of debt that they cannot escape. Because my colleagues in the House of Rep- such Act) under title XIX of the Social Secu- resentatives, Representatives DARRELL rity Act or that do not provide services for of a 2005 change to the bankruptcy law, ISSA, TOM COLE, and SAM GRAVES which payment may be made under title XIX they are stuck with this debt for the agree. Today they have introduced an of the Social Security Act, the Secretary of rest of their lives. identical measure in that chamber. Health and Human Services shall approve a Today, along with Senator FRANKEN And last night, the House adopted an waiver under section 433.68(e)(2)(iii) of title and Senator WHITEHOUSE, I am intro- amendment to the defense authoriza- 42 of the Code of Federal Regulations regard- ducing a bill that will restore fairness less of whether the Secretary determines tion bill that would prohibit Federal for these students and others who find that the State satisfies the requirements of themselves buried in private student agencies from requiring contractors to section 433.68(e)(2)(iii)(B) of such title. reveal contributions to political cam- loan debt. Our bill, the Fairness for paigns. By Mr. DURBIN (for himself, Mr. Struggling Students Act, will allow borrowers of private student loans to Keep politics out of Federal con- FRANKEN, and Mr. WHITEHOUSE): discharge those loans in bankruptcy, tracting. I urge my colleagues to sup- S. 1102. A bill to amend title 11, just as other types of private debt can port this bill. United States Code, with respect to certain exceptions to discharge in be discharged. Representatives COHEN By Mr. BOOZMAN (for himself bankruptcy; to the Committee on the and DAVIS are introducing a similar bill in the House. and Mr. PRYOR): Judiciary. Before 2005, private student loans S. 1101. A bill to require the Sec- Mr. DURBIN. Mr. President, over the past year, students in Illinois have told issued by for-profit lenders were appro- retary of Health and Human Services priately treated like credit card debt to approve waives under the Medicaid me their stories of leaving some for- profit colleges with mountains of stu- and other similar types of unsecured Program under title XIX of the Social consumer debt in bankruptcy. In 2005, a Security Act that are related to State dent loan debt and no job prospects. The students who find themselves in provision was added to law to protect provider taxes that exempt certain re- the investments of private lenders that this terrible situation often end up de- tirement communities; to the Com- extend private credit to students. The faulting on their loans. One quarter of mittee on Finance. industry has boomed over the past dec- students who took out Federal loans to Mr. BOOZMAN. Mr. President, it has ade. Private student loan volume last attend for-profit colleges defaulted been brought to my attention that cer- year was $8.5 billion. tain Continuing Care Retirement Com- within three years of starting repay- Today, I am pleased to introduce a munities and Life Care Communities ment. Compare that to 11 percent at bill that will give students who find are required to pay a provider tax de- public colleges and 8 percent at private themselves in dire financial straits a spite the fact that they provide no beds nonprofit colleges. chance at a new beginning. My bill re- The situation for students who take and no services that are certified under stores the bankruptcy law, as it per- the Medicaid program. Thus, these fa- out private student loans to attend for- tains to private student loans, to the cilities are paying a tax and receiving profit schools can be even worse. A statute in place before the law was no benefit. The Department of Health study by the College Board found that amended in 2005. Under this legislation, and Human Services currently provides students at for-profit schools, unable privately issued student loans will once a waiver for this fee, but the approval to get enough government aid to pay again be dischargeable in bankruptcy. for the waiver is not a foregone conclu- their tuition turn to private loans The bankruptcy law was designed to sion. This is costly to those commu- much more than students at tradi- give debtors in severe financial distress nities who provide for themselves and tional schools. a chance for meaningful relief. The Many large for-profit colleges have who do not depend on government pro- current bankruptcy law unjustly pun- begun making loans directly to their grams at all. For these reasons, Sen- ishes men and women who have tried students. This private lending can be a ator MARK PRYOR and I are introducing to improve their lives by pursuing a boon for the schools. It keeps students this legislation requiring the Secretary higher education and all too often be- in school. It helps the college meet its of Health and Human Services to ap- came victims of predatory private stu- ‘‘90/10’’ requirement, which keeps the prove waivers sought by states in rela- dent lenders or predatory for-profit col- student aid flowing. leges. It is time to restore fairness for tion to Continuing Care Retirement Disturbingly, some of the for-profit Communities and Life Care Commu- student borrowers. I urge my col- colleges making these loans do not ex- leagues to support this bill. nities which have no beds that are cer- pect to collect them easily. Corinthian tified to provide medical assistance Mr. President, I ask unanimous con- Colleges Executive Vice President and sent that the text of the bill be printed under title XIX of the Social Security Chief Financial Officer Ken Ord stated Act or that do not provide services for in the RECORD. in the February 2010 investor call that There being no objection, the text of which payment may be made under they anticipate a 56 percent to 58 per- title XIX of the Social Security Act. the bill was ordered to be printed in cent default rate on an estimated $150 the RECORD, as follows: Mr. President, I ask unanimous con- million in internal student lending. sent that the text of the bill be printed S. 1102 Just last month, Ken Ord stated that Be it enacted by the Senate and House of Rep- in the RECORD. Corinthian Colleges will seek to nearly resentatives of the United States of America in There being no objection, the text of double this loan volume. Congress assembled, the bill was ordered to be printed in For-profit colleges like Corinthian SECTION 1. SHORT TITLE. the RECORD, as follows: are making private loans to students This Act may be cited as the ‘‘Fairness for S. 1101 knowing that a majority of the stu- Struggling Students Act of 2011’’. SEC. 2. EXCEPTIONS TO DISCHARGE. Be it enacted by the Senate and House of Rep- dents will struggle to make payments. These companies make significant Section 523(a)(8) of title 11, United States resentatives of the United States of America in Code, is amended by striking ‘‘dependents, Congress assembled, profits from federal financial aid pro- for’’ and all that follows through the end of SECTION 1. SHORT TITLE. grams and are able to write off these subparagraph (B) and inserting ‘‘dependents, This Act may be cited as the ‘‘Provider loans. for an educational benefit overpayment or Tax Administrative Simplification Act of This is a disaster for students. These loan made, insured, or guaranteed by a gov- 2011’’. are private student loans with interest ernmental unit or made under any program

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3437 funded in whole or in part by a governmental ciate Director Mueller’s willingness to Northern California, as the Assistant unit or an obligation to repay funds received continue in service to the Nation. This Attorney General for the Criminal Di- from a governmental unit as an educational was not Bob Mueller’s idea or request. vision at the Justice Department, and benefit, scholarship, or stipend;’’. This is the President’s request and, as the acting Deputy Attorney General at By Mr. LEAHY (for himself, Mr. a patriotic American, Director Mueller the beginning of the George W. Bush GRASSLEY, Mrs. FEINSTEIN, and is willing to give another two years in administration. This is a man who left Mr. CHAMBLISS): service to a grateful Nation. a lucrative position in private practice S. 1103. A bill to extend the term of The Bureau has seen significant to return to law enforcement after he the incumbent Director of the Federal transformation since September 11, had served in higher positions, by join- Bureau of Investigation; to the Com- 2001. Director Mueller has handled this ing the U.S. Attorney’s office in the mittee on the Judiciary. evolution with professionalism and District of Columbia as a line pros- Mr. LEAHY. Mr. President, earlier focus. The FBI plays a critical role in ecutor in the homicide section. this month, the President requested our efforts to protect national secu- The President could have nominated that Congress provide a limited excep- rity. Attorney General Holder said re- the next director of the FBI, someone tion to the statutory limit on the serv- cently: ‘‘The United States faces ongo- who could serve for the next 10 years, ice of the FBI Director in order to ing threats from terrorist intent on at- until 2021. That is someone who would allow Robert Mueller to continue his tacking us both at home and abroad, serve through the presidential elec- service for up to two additional years, and it is crucial that the FBI have sus- tions in 2012, 2016 and 2020, and into the until September 2013. I spoke with the tained, strong leadership to confront period long after his own presidency. President about his request, and under- that threat.’’ He is right. Instead, he has chosen to ask Congress stand his desire for continuity and sta- I was encouraged to see the reports to extend the term of service of a prov- bility in our national security leader- that Senator MCCONNELL, the Senate en leader for a brief period, given the ship team at a time of great challenge Republican leader, supports the Presi- extenuating circumstances facing our and heightened threat concerns. dent’s request. I appreciate the com- country. On May 12, the President explained in ments by Chairman LAMAR SMITH of I emphasize that this is not Bob a statement: ‘‘Given the ongoing the House Judiciary Committee, sup- Mueller’s request, it is the President’s. threats facing the United States, as porting the President’s decision, and Bob Mueller has served tirelessly and well as the leadership transitions at stating his agreement that ‘‘it is im- selflessly for 10 years, and is undoubt- other agencies like the Defense Depart- portant to maintain continuity for our edly ready to begin the next phase of ment and Central Intelligence Agency, intelligence community during this his life. But Bob has characteristically I believe continuity and stability at transition period.’’ answered duty’s call and indicated his the FBI is critical at this time.’’ It is I am pleased that Senator GRASSLEY, willingness to continue his service. We for that reason, along with his con- our ranking Republican on the Senate should fulfill our duty, as well, and join fidence in Director Mueller, that the Judiciary Committee, has joined as a together without delay to secure the President has made this request of us. cosponsor of a bill to extend the service continuity and stability that is de- The President has asked us ‘‘to join to- of Director Mueller, who Senator manded at this time, and that is need- gether in extending that leadership for GRASSLEY said has ‘‘proven his ability ed to keep our country safe. It is time the sake of our nation’s safety and se- to run the FBI’’ in these ‘‘extraor- for us to join together and act on the curity.’’ dinary times.’’ I am also pleased that President’s request. Since the attack on September 11, Senators FEINSTEIN and CHAMBLISS, the Mr. President, I ask unanimous con- 2001, I have spoken often of the need for Chairman and Vice Chairman of the sent the text of the bill be printed in us all to join together. When I spoke to Senate Intelligence Committee, are the RECORD. the Senate about the successful oper- joining as cosponsors of the bill. We There being no objection, the text of ation against Osama bin Laden, I urged recognize the extraordinary cir- the bill was ordered to be printed in all Americans to support our President cumstances confronting the President, the RECORD, as follows: in his continuing efforts to protect our and support his request for a short ex- S. 1103 Nation and keep Americans safe. I reit- tension of Director Mueller’s service. Be it enacted by the Senate and House of Rep- erated my hope that Americans would But we also all agree that this needs to resentatives of the United States of America in stand shoulder-to-shoulder, as we did be a one-time exception and this meas- Congress assembled, in the weeks and months immediately ure we join together to introduce today SECTION 1. EXTENSION OF THE TERM OF THE IN- following the September 11 attacks, is intended to be a one-time exception CUMBENT DIRECTOR OF THE FED- ERAL BUREAU OF INVESTIGATION. unified in our resolve to keep our Na- and not a permanent extension. Section 1101 of the Omnibus Crime Control tion secure. And I urged Congress to I chaired the Senate Judiciary Com- and Safe Streets Act of 1968 (28 U.S.C. 532 join together for the good of the coun- mittee in the summer of 2001 when note) is amended by adding at the end the try and all Americans. This is one of President Bush nominated Bob following: those times that we must join to- Mueller. The President nominated him ‘‘(c) With respect to the individual who is gether. on July 18; the Judiciary Committee the incumbent in the office of the Director of We face a time of heightened threats, received his paperwork on July 24; and the Federal Bureau of Investigation on the particularly when experts are so con- we held two days of hearings on July 30 date of enactment of this subsection— cerned about possible reprisal attacks and July 31. The Judiciary Committee ‘‘(1) subsection (b) shall be applied — ‘‘(A) in the first sentence, by substituting by al Qaeda. Indeed, most Americans voted on his nomination on August 2 ‘12 years’ for ‘ten years’; and share a concern that al Qaeda will try and the Senate confirmed him that ‘‘(B) in the second sentence, by sub- to strike back. So now is not a time for same day. It is already as long from stituting ‘12-year term’ for ‘10-year’ term; obstruction or delay in considering the the day that President Obama made his and President’s request to maintain con- request for the short extension of his ‘‘(2) the third sentence of subsection (b) tinuity and stability in his national se- term of service as it took us in 2001 to shall not apply.’’. curity team. hold hearings and for the Senate to Mr. GRASSLEY. Mr. President, the We have an opportunity now to set confirm Bob Mueller to a 10-year term Federal Bureau of Investigation is on aside partisanship and come together as FBI Director. We must not delay ac- the front line in defending our country to work with our President to keep tion any longer. from terrorists, spies, and criminals. America safe. While the threat from al Bob Mueller served for three years in The FBI has a long history dating back Qaeda continues, and as the President the United States Marine Corps; led a over 100 years. The FBI started as an makes necessary shifts in his national rifle platoon in Vietnam; and earned a agency formed during President Theo- security team, I appreciate why Presi- Bronze Star, two Navy Commendation dore Roosevelt’s administration when dent Obama has proposed that we con- Medals, the Purple Heart, and the Viet- seven Secret Service agents were sent tinue the service of President Bush’s namese Cross of Gallantry. This is a to the Justice Department to create a appointee to the important leadership man who served as the United States new investigative bureau. Since that position of Director of the FBI. I appre- Attorney in both Massachusetts and start, the FBI has developed into a

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3438 CONGRESSIONAL RECORD — SENATE May 26, 2011 cadre of talented agents who have pio- years. I join my colleagues from the I support this extension and look for- neered new investigative tools advanc- Judiciary and Select Intelligence Com- ward to an open debate and discussion ing law enforcement across the coun- mittees in introducing a one-time stat- surrounding this legislation. try. utory exemption that will extend the For example, the Bureau agents de- term of FBI Director Mueller’s term by By Mr. KOHL (for himself and veloped advancements in forensic 2 years. I do this recognizing the good Mr. GRAHAM): science, such as fingerprint technology work of Director Mueller and against a S. 1106. A bill to authorize Depart- and DNA analysis, now utilized to backdrop of heightened alert to ter- ment of Defense support for programs build investigations from the smallest rorist attack following the death of on pro bono legal assistance for mem- of clues obtained at crime scenes. Such Osama bin Laden. However, I do this bers of the Armed Forces; to the Com- advancements have allowed the FBI to with a heavy heart because I believe mittee on Armed Services. combat organized crime and inter- the 10-year term is a good thing for Mr. KOHL. Mr. President, I rise national terrorists across the country both the FBI and the country. today with Senator GRAHAM to intro- and around the globe. Currently, the law requires that the duce the Justice for Troops Act. This Despite these successes, the FBI has FBI Director be limited to one single legislation offers a simple solution to a also had its share of failures. These in- 10-year term. This limitation was put serious problem that affects the well- clude maintaining secret files on elect- in place in 1976 following a 1968 change being of our troops and their families. ed officials, the investigation of civil in the law making the Director a Presi- Today, when service men and women rights leaders, the tragedies at Ruby dential appointment. Congress in- face civil legal problems they often Ridge and Waco, missing internal spy cluded this term for two main reasons: have no access to legal assistance. Robert Hanssen, the corruption and one, to ensure that the Director was in- When these troops face such problems, misuse of mob informants in the Bos- sulated from political influence of the like child custody issues, complica- ton field office, and the failure to con- President; two, to ensure that no one tions with leases, mortgage payments nect the dots leading up to the 9/11 at- individual serves as FBI Director for or credit card debt that should be pro- tacks. The FBI has also had problems such a long period of time to amass too tected under the Servicemembers Civil in failing to manage high-profile much power. The inclusion of a term Relief Act, or disputes over a bank ac- projects, such as the procurement of was part of a series of reforms to gov- count, they often have no access to information technology upgrades. They ernment agencies following the Water- legal assistance. have failed to address personnel prob- gate scandal and following the death of Without representation, troops run lems, such as the double standard for former Director J. Edgar Hoover, who the risk of losing custody of their chil- discipline that the Justice Department had served a 48-year term. dren, being evicted from their home, or inspector general found agents believe The current term limit has been in facing financial ruin. This is unjust, es- exists. And there were the serious place for 35 years. In that time, no Di- pecially when there are many lawyers issues that required reform at the FBI rector of the FBI has ever served an en- willing to volunteer their services for crime lab. These are black marks on tire 10-year term and no President has free. The Justice for Troops Act would the history of the FBI. ever suggested the term limit should be solve this problem by connecting serv- I have been an outspoken critic of extended. However, on September 4, ice men and women with pro bono law- the FBI’s culture for many years be- 2011, FBI Director Mueller would be the yers. It would do so by authorizing the cause of its unwillingness to own up to first to reach the 10-year mark. Presi- Department of Defense, DoD, to use up mistakes. Too often, officials sought to dent Obama has indicated it is his de- to $500,000 of funds already appro- protect the agency’s reputation at the sire to have Director Mueller stay on priated for operation and maintenance expense of the truth. My concerns are for an additional 2 years and has asked to support programs that make these magnified by the way the FBI treats us to extend the term. connections and ensure that our troops internal whistleblowers who come for- While I join my colleagues in intro- have access to the legal representation ward and report fraud and abuse. All ducing this extension, I have also they need. too often, instead of owning up to prob- asked that we have a hearing in the All branches of the military provide lems and fixing them, they circle the Senate Judiciary Committee to address our service men and women with basic wagons and shoot the messenger. The this extension. There are significant legal services on-base through legal as- FBI is all too often the exact opposite constitutional concerns that must be sistance officers, Judge Advocate Gen- of an agency that can accept construc- addressed, such as whether Congress erals, JAGs, but they generally cannot tive criticism, from both those inside has the authority to extend the term of represent service members in court or and out. a sitting appointee. A concern of this provide legal assistance in other parts That said, I must give credit to the magnitude needs to be discussed in a of the country. When troops encounter FBI when it is due. Following the trag- formal hearing. Additionally, this legal problems that JAGs are not able edy of 9/11, the FBI has worked to fix would be the first time the Congress to handle, they are left on their own to the problems that have occurred. There will be extending the term of the Direc- find a lawyer. This burden can arise if has been a top-to-bottom trans- tor in over 35 years and nearly 37 years a service member is stationed in one formation at the FBI moving it from a since a hearing was held on the term of state, but his or her home, family, or pure law enforcement agency to a na- the Director in the Judiciary Com- bank accounts are located in another. tional security agency. Chief among mittee. On-base JAG officers are unable to help those lending this transformation has Director Mueller has done an admi- with bankruptcy, child support issues, been FBI Director Robert Mueller. rable job of reforming an agency under and other legal challenges that arise in Sworn in as Director just 1 week prior difficult circumstances. While I have a different state. As the number of de- to 9/11, Director Mueller has led the my concerns with the precedent that ployed troops has increased since 2001, charge to ensure that the FBI is up- this will set for future Directors— the gap between their legal needs and dated into a modern national security namely, that the term can be ex- the offerings of JAG offices has wid- agency. This transformation includes tended—I do think that making a one- ened. In some cases, JAG officers have upgrading the workforce from an time exception is warranted in this referred troops who cannot afford a agent-driven model to one that in- limited case and with the current ex- lawyer to programs that connect them cludes an ever-increasing number of in- isting threats. But I do not want this with pro bono lawyers. Other cases telligence analysts. Director Mueller to become a regular occurrence. This have been left unresolved, to the det- has taken the transformation head-on legislation is narrowly tailored to en- riment of our troops, their families, and has done an admirable job. I ap- sure that the intent of Congress is to and the readiness of our armed forces. plaud the hard work that has been create only a one-time exception. Fur- Today, there are limited services done, but more work remains. That is ther, we will be holding a Judiciary available to help troops with legal why we are here today introducing leg- Committee hearing in the near future problems that cannot be handled by islation that will extend the term of to address this important, limited, one- JAGs, but they are unable to fully FBI Director Mueller for 2 additional time extension. Against that backdrop, meet the growing need. Some law

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3439 school clinics, state bar associations, By Mr. ENZI (for himself and Mr. the Federal Government gets the goods and the American Bar Association’s CASEY): and services they need. Military Pro Bono Project connect ac- S. 1110. A bill to amend the Small This bill is a step in the right direc- tive-duty military personnel and their Business Act to permit agencies to tion to help our small businesses and I families to free legal assistance beyond count certain contracts toward con- look forward to opportunities to dis- what military legal offices can offer. tracting goals; to the Committee on cuss this and other efforts that help They maintain lists of attorneys who Small Business and Entrepreneurship. our small businesses succeed. are willing to provide their services Mr. ENZI. Mr. President, I rise today free of charge to service members and, to introduce the Small Business Fair- By Mr. ROCKEFELLER (for him- in conjunction with the DoD, reach out ness Act. I want to first thank my col- self, Ms. STABENOW, and Mr. to on-base JAG offices to encourage league Senator CASEY from Pennsyl- BROWN of Ohio): them to refer troops to their programs. vania for cosponsoring this important S. 1117. A bill to amend section 35 of Unfortunately, these programs have legislation with me. Promoting small the Internal Revenue Code of 1986 to a long way to go to meet the increasing business is not a Republican or a Dem- improve the health coverage tax credit, demand for their pro bono legal serv- ocrat issue; it is an economic issue and for other purposes; to the Com- ices, and too many troops still go with- that is of even more importance as we mittee on Finance. out legal help. Furthermore, existing consider ways to help improve our Na- Mr. ROCKEFELLER. Mr. President, programs are limited in their ability to tion’s job situation. This bill is just when Congress passed the Trade Act of connect troops with pro bono lawyers one of many efforts that I hope Con- 2002, we made a promise to American because funding to support them is gress can consider this year that will workers that the potential loss of jobs scarce. With access to only $500,000, pro help promote the needs of our small due to trade policy will not equal the bono projects would be able to build businesses on Main Street. loss of health care coverage. The more connections, ensure that every This particular issue involves a rule health coverage tax credit, HCTC, was JAG office knows how to refer service currently in place that prevents agen- designed to help American workers re- members to the programs, and grow cies from counting their government tain health insurance coverage when their databases of pro bono lawyers. procurement contracts toward their their jobs are displaced by outsourc- This small investment would be lever- statutory obligations if a small busi- ing—and it has been a lifeline for these aged into providing free legal assist- ness is a member of a cooperative or middle-class families who simply can- ance to countless men and women who association of other small businesses. not afford coverage on their own. In serve our country. We will no doubt en- While the rule was well intended when 2010, an Internal Revenue Service sur- hance our military readiness by elimi- it was written, it likely never antici- vey found that 90 percent of HCTC par- nating the stress and anxiety caused by pated the growth of small businesses ticipants are very satisfied with the legal problems. that pool their resources into teaming program. The Justice for Troops Act is sup- agreements to compete for large gov- However, despite the high satisfac- ported by the Department of Defense, ernment contracts. tion rate among participants, far too the Military Officers Association of This bill, the Small Business Fair- many trade-displaced workers are not America, the Southern Wisconsin ness Act, helps address this issue. The able to take advantage of this impor- Chapter of the Military Officers Asso- Internet and other resources in recent tant program. Historically, fewer than ciation of America, the National Mili- years have helped small businesses 30,000 of the hundreds of thousands of tary Family Association, the National identify and partner with other busi- potentially eligible individuals each Guard Association of the United nesses to make competitive bids for year have participated in the HCTC. States, the Wisconsin National Guard government contracts. Not every small These hundreds of thousands of laid-off Association, the Association of the US business can meet the contracting workers and retirees have been left un- Army, the Air Force Association, and needs of federal agencies, however, as a insured because the program still has the Gold Star Wives of America. group they can often offer competitive several barriers to enrollment, and de- Mr. President, I ask unanimous con- bids for some of the largest govern- spite the 65 percent subsidy provided sent that the text of the bill be printed ment contracts being offered. We know by the program, the premiums are pro- in the RECORD. that the Federal Government is one of hibitively high for some workers. There being no objection, the text of the largest consumers of products and I have heard from steel retirees and the bill was ordered to be printed in it is only right to make sure our small widows in my state about how the RECORD, as follows: businesses can group with other small unaffordable the TAA health care tax S. 1106 businesses for their own mutual ben- credit is. I have been very frustrated, Be it enacted by the Senate and House of Rep- efit. The bill is specifically designed to just as I was when this bill passed, that resentatives of the United States of America in ensure that agencies can do business we have not been able to make the Congress assembled, through teaming agreements with credit as affordable and accessible as SECTION 1. SHORT TITLE. small businesses that qualify through possible for people who need it the This Act may be cited as the ‘‘Justice for the Small Business Administration as most—laid-off workers and retirees Troops Act’’. socially or economically disadvantaged who have very limited income. SEC. 2. DEPARTMENT OF DEFENSE SUPPORT FOR firms. This includes businesses owned The Government Accountability Of- PROGRAMS ON PRO BONO LEGAL fice, GAO, and several consumer advo- ASSISTANCE FOR MEMBERS OF THE by service-disabled veterans, women- ARMED FORCES. owned small businesses and firms lo- cacy groups and research organizations (a) SUPPORT AUTHORIZED.—The Secretary cated in qualified HUBZones. Without have cited affordability as the primary of Defense may provide support to one or this bill, an agency can do business reason for low participation in the more public or private programs designed to with a small entity through a teaming HCTC program. The bottom line is that connect attorneys who provide pro bono agreement but cannot count that busi- a 65 percent subsidy is simply not legal assistance with members of the Armed ness towards its statutory obligations enough for many to afford the high Forces who are in need of such assistance. (b) FINANCIAL SUPPORT.— for small business set-asides. cost of health insurance premiums. The (1) IN GENERAL.—The support provided a As a former small business owner and American Recovery and Reinvestment program under subsection (a) may include fi- a member of the Small Business Com- Act of 2009, which reauthorized the nancial support of the program. mittee, I am a firm believer that small Trade Adjustment Assistance Act, (2) LIMITATION ON AMOUNT.—The total businesses should be able to access gov- made several temporary changes to ex- amount of financial support provided under ernment contracts. These contracts pand eligibility for and benefits of the subsection (a) in any fiscal year may not ex- help businesses diversify and offer new HCTC program. These changes included ceed $500,000. opportunities for their products. That an increase in the tax credit’s subsidy (3) FUNDING.—Amounts for financial sup- port under this section shall be derived from is why for over 9 years I have helped to rate from 65 percent to 80 percent of amounts authorized to be appropriated for host a Procurement Conference in Wy- the health insurance premium, and ex- the Department of Defense for operation and oming where contactors can meet with panded TAA eligibility to additional maintenance. our State’s small businesses to ensure workers. The GAO released a report

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3440 CONGRESSIONAL RECORD — SENATE May 26, 2011 last year on the credit and found that tionwide will have access to the same an individual’s ability to participate in HCTC participation increased after type of affordable, comprehensive cov- training. these key Recovery Act changes took erage they were used to when they As a former Governor, I know how effect. As a result of the Recovery Act, were employed. important Trade Adjustment Assist- many more people eligible for the pro- Third, the TAA Health Coverage Act ance is to individuals who have lost gram felt they could afford a qualified clarifies the three month continuous their jobs due to trade. In West Vir- health plan and afford to pay their coverage requirement. Under the origi- ginia, thousands of workers have lost share of monthly premiums. However, nal TAA statute, displaced workers are their jobs as a result of trade policy. 33 percent still could not afford their required to maintain three months of While adjusting to the loss of employ- share of monthly premiums, even with continuous health insurance coverage ment, these individuals still have to the credit and these expanded provi- in order to qualify for certain con- pay mortgages, put food on the table, sions expired on February 13, 2011. sumer protections. Those protections and care for their families. Finding af- As our economy continues its recov- are guaranteed issue, no preexisting fordable health care adds a significant ery, it is critical to build on this pro- condition exclusion, comparable pre- burden to their worries. The TAA gram to help more Americans secure miums, and comparable benefits. Con- health coverage tax credit is designed health coverage. The TAA Health Cov- gress intended this three month period to help American workers retain erage Improvement Act would extend to be counted as the three months health insurance coverage during this the Recovery Act’s temporary provi- prior to separation from employment. very difficult transition. sions, and it would also address the However, the Administration has inter- Since 2002, the HCTC program has issues of affordability by increasing the preted the three month requirement as been a lifeline for tens of thousands of subsidy amount from 65 percent to 95 three months of health insurance cov- participants. But for many others who percent, retroactive to the date the Re- erage prior to enrollment in the new face barriers to participation, the covery Act expired. health plan, which usually is after sep- HCTC program is not living up to its This legislation also addresses the aration from employment and after potential. The GAO has given us a very issue of affordability by placing limits certification of TAA eligibility. Many specific diagnosis of the problems, and on the use of the individual market, as laid-off workers and PBGC recipients the Recovery Act has shown us that Congress intended under the original cannot afford to maintain health cov- the situation can improve for trade-dis- law. The Trade Act of 2002 specified erage in the months between losing placed workers. The TAA Health Cov- that the health insurance credit could their jobs and TAA certification and, erage Improvement Act builds upon the not be used for the purchase of health therefore, lose eligibility for the statu- Trade Act of 2002 and the lessons we insurance coverage in the individual torily-provided consumer protections. have learned since in order to make the market except for HCTC-eligible work- This legislation corrects this problem health coverage tax credit workable for ers who previously had a private, non- by clarifying that three months of con- eligible individuals and their families. group coverage policy 30 days prior to tinuous coverage means three months I look forward to working with my col- separation from employment. However, prior to separation from employment. leagues to pass this important legisla- states have been allowed by prior Ad- Fourth, this bill allows spouses and tion. ministrations to create state-based dependents to maintain eligibility for coverage options in the individual mar- the health coverage tax credit if the By Mr. INOUYE (for himself, Mr. ket for any HCTC beneficiaries, includ- worker or retiree becomes eligible for ROCKEFELLER, Mr. BEGICH, Ms. ing those who did not have individual Medicare. Younger spouses and depend- SNOWE, and Ms. MURKOWSKI): market coverage one month prior to ents of Medicare-eligible individuals S. 1119. A bill to reauthorize and im- separation from employment. As a re- have not been able to receive the sub- prove the Marine Debris Research, Pre- sult, there are people who had em- sidy because eligibility runs through vention, and Reduction Act, and for ployer-based coverage prior to separa- the worker or retiree. This technicality other purposes; to the Committee on tion from employment who are now is unfair to individuals who rely on Commerce, Science, and Transpor- being covered in the individual market. health coverage through their spouses tation. This was not the intent of the law. To or parents. Mr. INOUYE. Mr. President, I am make matters worse, this interpreta- Finally, this legislation streamlines pleased to introduce the Trash Free tion undermines the consumer protec- the HCTC enrollment process and Seas Act of 2011, a bill to reauthorize tions set forth in the law because indi- makes it easier for trade-displaced and strengthen the Marine Debris Re- vidual market plans are allowed to workers to access health insurance search, Prevention, and Reduction Act, vary premiums based on age and med- coverage. According to GAO, two of the MDRPRA. This act, of which I am ical status. In one state GAO reviewed factors contributing to low participa- proud to have been the original spon- for its report, because of medical un- tion include a complicated and frag- sor, was first passed in 2006 to address derwriting, HCTC recipients in less- mented enrollment process and the in- the pervasive issue of marine debris than-perfect health were charged al- ability of workers to pay 100 percent of which is found in myriad forms most six times the premiums charged the premium during the 3 to 6 months throughout our oceans. It created pro- to recipients rated in the healthiest they are waiting to enroll in advance grams in both the National Oceanic category. The legislation I am intro- payment. This legislation includes a and Atmospheric Administration, ducing today addresses this problem by presumptive eligibility provision that NOAA, and the U.S. Coast Guard that clarifying that states can only des- allows displaced workers to enroll in a research, track, and work to mitigate ignate individual market coverage qualified health plan and receive the and remove marine debris and its asso- within guidelines of 30-day restriction HCTC immediately upon application to ciated impacts. The Trash Free Seas and by requiring individual market the Department of Labor for certifi- Act would update these programs to in- plans to be community-rated. cation. There is also a provision which corporate advances in our under- Second, this legislation guarantees directs the Treasury Secretary to pay standing of the issue and allow for that eligible workers will have access 100 percent of the cost of premiums di- greater regional and international co- to comprehensive group health cov- rectly to the health plans during the ordination in our mitigation efforts. erage. Group coverage is what people months TAA-eligible workers are wait- Marine debris is a catch-all term that know. The vast majority of laid-off ing for advance payment to begin. This encompasses everything from floating workers and PBGC retirees had em- legislation allows workers to be eligi- refuse to lost fishing nets and pieces of ployer-sponsored group coverage prior ble for the HCTC even if they are not micro-plastic. In all its forms, how- to losing their jobs or pension benefits. receiving training, an important provi- ever, it is something that was once The TAA Health Coverage Improve- sion that was included in the Recovery manufactured and has since been lost ment Act designates the Federal Em- Act. The current training requirement at sea through accident, intent, or act ployees Health Benefit Plan, FEHBP, subjects families to a loss of health of nature. Once at sea, the impacts of as a qualified group option in every coverage when transportation, reloca- marine debris may reach unintended State, so that displaced workers na- tion, or childcare issues interfere with shores as it drifts on ocean currents

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3441

and harms our ecosystems and econo- ing it releases carbon dioxide, CO2. The Propane Infrastructure Credits— mies. This harm may come from direct advantage is that LPG releases less EPACT 2005 provided a tax credit interactions such as physical damage CO2 per unit of energy than oil and amounting to 30 percent of the cost of to a coral reef or fishing vessel; burns cleanly with regard to particu- a fueling station, not to exceed $30,000 through indirect impacts such as the lates. per station. This credit expires at the concentration of harmful chemicals in At present, one propane-powered end of 2011. floating plastics; or from a reduction in light-duty vehicle, LDV, and several The Propane Act would extend these tourism due to the unsightliness of a heavy-duty vehicle, HDV, propane en- three tax credits for 5 years. For the littered beach. In every case we should gines and fueling systems are available credits to have a meaningful effect in be responding by working to reduce the from U.S. original equipment manufac- firmly establishing a robust propane overall problem on a global scale and turers, OEM. Because other countries autogas market, they should be in by striving to mitigate specific im- offer more OEM options in propane ve- place for a defined period of time, not pacts. hicles, thorough testing to compare extended from year-to-year in a hap- As an island State, Hawaii is particu- emissions with reformulated gasoline hazard fashion. Congress should not larly susceptible to the impacts of ma- has been conducted on these vehicles wait to act until the credits are about rine debris and, all the more so, be- and engines in Europe. Two of these to expire because market uncertainty cause we are located near the center of tests were combined and the results are regarding the credits undermines the a great network of ocean currents in promising with respect to lower partic- effectiveness of the incentives and dis- the Pacific that tend to concentrate ulate matter, PM, nitrogen oxides, courages the kind of investment that Congress wants the private sector to debris into a wide region known as the NO , carbon monoxide, CO, and total X make in alternative fuels. The Propane ‘‘garbage patch’’. For this reason, our hydrocarbon, THC, emissions, as the Green Autogas Solutions Act, if en- State has long been at the forefront in chart below details: acted, would offer the long-term policy dealing with this issue and in fact we To augment LPG’s generally cleaner combustion properties, propane engines commitment necessary to continue have recently become the first State to building essential alternative fuel in- can be calibrated to choose between develop and implement a comprehen- frastructure and bolster a burgeoning pollutants, making the engine addi- sive marine debris action plan. This autogas market. Private investment is tionally useful in achieving regional or Plan, along with the programs at much more likely to occur when the local pollution-reduction targets. A NOAA and the Coast Guard, are likely availability of the tax credits is as- to be even more valuable to us in the rich calibration reduces nitrogen ox- sured in the long-term so the propane coming years as recent research sug- ides, NOX, at the expense of increasing industry can create the economies of gests that the tragic Great East Japan CO and non-methane hydrocarbons and scale necessary to make propane Earthquake and Tsunami that struck a lean calibration does just the oppo- autogas a viable and competitive alter- in March, resulted in a tremendous site. native fuel. amount of lost infrastructure that may Propane is in surplus worldwide with There is no score for the bill yet. The reach our shores as debris in as little 93 percent of U.S. propane produced do- National Propane Gas Association, as 1 to 2 years. mestically when combined with supply NPGA, has retained an economic re- The Trash Free Seas Act of 2011 from Canada. A national infrastructure search firm to perform a comprehen- would strengthen our ability to re- of pipelines, processing facilities, and sive economic review that will look at spond to the pervasive problem of ma- storage, i.e., 59 million barrel capacity costs and offsetting benefits, job cre- rine debris by incorporating marine de- in Texas alone, already exists for the ation, economic growth, etc.; foreign bris removal as an explicit purpose of efficient distribution of propane and petroleum gallons displaced; and the the programs; clarifying research and there are roughly 3,200 propane dis- positive environmental impact of ex- assessment and reduction, prevention, pensing stations across the U.S. Pro- tending the tax credits. The study will and removal as two distinct compo- pane supply is expected to increase be available shortly and will share it nents of the NOAA program; and in- over the next several decades, which with my colleagues when it becomes cluding tool development, regional co- means more consumer availability and available. ordination, and promoting inter- price stability. Recent rapid price increases for gaso- national action as explicit program Commercial fleets are the propane line and diesel fuel have hurt Ameri- functions. autogas vehicle target market. The En- cans families and businesses. This I ask that my colleagues join me in ergy Policy Act of 2005 (EPACT 2005) weekend is Memorial Day weekend, the supporting this important legislation. and the 2005 Safe, Accountable, Flexi- unofficial beginning of the summer and ble, Efficient Transportation Equity the summer driving season. Our Nation By Mr. CARDIN (for himself, Mr. Act: A Legacy for Users, SAFETEA– needs to come to grips with a few fun- BLUNT, and Ms. STABENOW): LU, transportation reauthorization es- damental facts. We have 2–3 percent of S. 1120. A bill to encourage greater tablished significant tax incentives for the world’s oil reserves. We account for use of propane as a transportation fuel, propane autogas to stimulate its use in about 5 percent of the world’s popu- to create jobs, and for other purposes; motor vehicles to reduce U.S. depend- lation. We currently produce 11 percent to the Committee on Finance. ence on foreign oil and reduce environ- of the world’s oil, up 11 percent over Mr. CARDIN. Mr. President, I rise mental impacts associated with gaso- the last 2 years, in large part because today to introduce the Propane Green line and diesel fuel use. The 2005 legis- we have more drilling rigs in operation Autogas Solutions Act of 2011. I am lation provided the following alter- right now than the rest of the world pleased to note that the junior Sen- native fuel tax credits that benefit pro- combined—by 50 percent. We account ators from Missouri, Mr. BLUNT, and pane autogas, all of which would be ex- for 25 percent of the world’s oil con- Michigan, Ms. STABENOW, are original tended under the legislation Senators sumption. ‘‘Drill here, drill now, pay cosponsors of this measure. Our bill ex- BLUNT and STABENOW and I are intro- less’’ is a catchy slogan, but it’s not a tends for five years Federal Alternative ducing today. solution to our energy woes. As T. Fuel Tax Credits for Propane Used as a Propane Fuel Credits—SAFETEA–LU Boone Pickens himself has said, we Motor Fuel, Propane Vehicles, and Pro- included a 50 cent per gallon credit for cannot drill our way of this problem. pane Refueling Infrastructure. propane sold for use in motor vehicles. The best way for the United States to Propane ‘‘autogas’’ is a reliable, do- This credit expires at the end of 2011. put downward pressure on gasoline and mestically produced alternative fuel Propane Vehicle Credits—EPACT diesel prices is through demand reduc- with lower greenhouse gas, GHG, emis- 2005 included a tax credit to consumers tion since we are the world’s biggest sions than gasoline. Sixty percent of who purchase OEM propane vehicles or consumers of petroleum products by propane, also known as liquefied petro- convert gasoline or diesel engines. The far. The Propane Green Autogas Solu- leum gas, LPG, derived from natural amount of credit the consumer receives tions Act offers one way to reduce our gas processing and 40 percent is a by- varies depending on vehicle weight and demand—by substituting propane for product of crude oil refining. Since emissions. This credit is currently ex- gasoline or diesel fuel. Propane is a do- LPG is derived from fossil fuels, burn- pired. mestic transportation fuel. It is less

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3442 CONGRESSIONAL RECORD — SENATE May 26, 2011 expensive than gasoline and diesel fuel. S. 1126. A bill to amend the Energy level rise and increased extreme weath- It burns more cleanly. These are all Independence and Security Act of 2007 er. Rapidly rising greenhouse gas con- good things. I urge my colleagues to to authorize the Secretary of Energy to centrations are also putting severe support this bill. insure loans for financing of renewable strain on our oceans through acidifica- Mr. President, I ask unanimous con- energy systems leased for residential tion and temperature change, creating sent that the text of the bill be printed use, and for other purposes; to the conditions not seen for millions of in the RECORD. Committee on Energy and Natural Re- years. In my home state of Rhode Is- There being no objection, the text of sources. land, the Narragansett Bay has wit- the bill was ordered to be printed in Mr. WHITEHOUSE. Mr. President, I nessed a 4 degree increase in average the RECORD, as follows: rise today to introduce the Renewable annual temperature, causing what S. 1120 Energy Access through Leasing Act of amounts to a full ecosystem shift. Be it enacted by the Senate and House of Rep- 2011 or the REAL Act of 2011. I’d like to It is hard to disagree that renewable resentatives of the United States of America in thank Senator LAMAR ALEXANDER and energy offers solutions to many of the Congress assembled, Senator MARK UDALL for joining in this problems facing our country. But there SECTION 1. SHORT TITLE, ETC. bipartisan effort. is often disagreement about the best (a) SHORT TITLE.—This Act may be cited as Many homeowners would like to in- way forward to promote renewable en- the ‘‘Propane Green Autogas Solutions Act stall solar panels or other renewable ergy. Some are concerned about the of 2011’’. (b) AMENDMENT OF 1986 CODE.—Except as energy systems, but face the daunting budget impact of promoting renewable otherwise expressly provided, whenever in challenge of paying the upfront cost for energy, some are concerned about gov- this Act an amendment is expressed in terms the technology. To purchase and in- ernment mandates, and some are con- of an amendment to a section or other provi- stall a new solar energy system, for ex- cerned about government subsidies. sion, the reference shall be considered to be ample, can cost between $20,000 and While we may disagree on other means made to a section or other provision of the $30,000. This is a significant and often to promote renewable energy, I am Internal Revenue Code of 1986. prohibitive cost, even when more than hoping that we can all agree on this bi- SEC. 2. MODIFICATION AND EXTENSION OF AL- justified by long-term savings. partisan proposal. TERNATIVE FUEL CREDIT. A promising option to promote resi- (a) ALTERNATIVE FUEL CREDIT.—Paragraph The REAL Act would not add a dime (5) of section 6426(d) is amended by inserting dential use of renewable energy is leas- to the budget deficit. The Congres- ‘‘, and December 31, 2016, in the case of any ing. Here is how it works: A company sional Budget Office scored similar leg- sale or use involving liquefied petroleum pays to purchase and install the sys- islation last Congress as having no gas)’’ after ‘‘hydrogen’’. tem and the homeowner pays a fixed budget impact. It achieves this goal be- (b) ALTERNATIVE FUEL MIXTURE CREDIT.— monthly fee to lease the renewable en- cause the insurance program is paid for Paragraph (3) of section 6426(e) is amended ergy system from the company. It is entirely through premiums. The bill by inserting ‘‘, and December 31, 2016, in the easy for the homeowner, often requires case of any sale or use involving liquefied pe- also protects the taxpayer in the case troleum gas)’’ after ‘‘hydrogen’’. no upfront cost, and can even save of a default because the government (c) PAYMENTS RELATING TO ALTERNATIVE them money on electricity bills. Leas- has the right to collect revenues di- FUEL AND ALTERNATIVE FUEL MIXTURES.— ing has been successfully used for ev- rectly from the renewable energy sys- Paragraph (6) of section 6427(e) is amended— erything from satellite TV dishes to tem. (1) in subparagraph (C)— car. Why not solar panels too? The REAL Act is not a subsidy and (A) by striking ‘‘subparagraph (D)’’ in sub- One of the problems has been that re- requires no appropriation. It relies on paragraph (C) and inserting ‘‘subparagraphs newable energy system leasing does the value of the renewable energy sys- (D) and (E)’’, and not have a well-established financial (B) by striking ‘‘and’’ at the end thereof, tem itself to provide the basis for the (2) by striking the period at the end of sub- market. Investors are reluctant to pur- insurance. paragraph (D) and inserting ‘‘, and’’, and sue these opportunities, in large part The REAL Act is also not a mandate. (3) by adding at the end the following: because of the uncertain lifespan of the It has no requirement to use the leas- ‘‘(E) any alternative fuel or alternative renewable energy systems. The REAL ing mechanism, but merely facilitates fuel mixture (as so defined) involving lique- Act would address that problem by the expansion of renewable energy leas- fied petroleum gas sold or used after Decem- having the Department of Energy in- ing to homeowners. ber 31, 2016.’’. sure the value of the lease. This would While this bill is only one piece of (d) EFFECTIVE DATE.—The amendments the puzzle to solving our overall energy made by this section shall apply to liquefied help create a secondary market for re- petroleum gas sold or used after the date of newable energy system leases to resi- problem, I hope that it is a piece we the enactment of this Act. dential customers, freeing up addi- can all agree on. Providing additional SEC. 3. EXTENSION AND MODIFICATION OF NEW tional capital to invest in these pro- options to lease renewable energy sys- QUALIFIED ALTERNATIVE FUEL grams. tems is a win for our homeowners, our MOTOR VEHICLE CREDIT. The benefits of renewable energy are economy, and our environment. (a) IN GENERAL.—Paragraph (4) of section manifold and well-documented. Renew- Mr. President, I ask unanimous con- 30B(k) is amended by inserting ‘‘(December able energy creates jobs. From the en- sent that the text of the bill be printed 31, 2016, in the case of a vehicle powered by liquefied petroleum gas)’’ before the period gineers who design the systems to the in the RECORD. at the end. technicians who install them, this in- There being no objection, the text of (b) EFFECTIVE DATE.—The amendment dustry has the potential to support the bill was ordered to be printed in made by this section shall apply to property thousands of new jobs. the RECORD, as follows: placed in service after the date of the enact- Renewable energy promotes energy S. 1126 ment of this Act. independence. Oil still accounts for ap- Be it enacted by the Senate and House of Rep- SEC. 4. EXTENSION OF ALTERNATIVE FUEL VEHI- proximately 40 percent of our total en- resentatives of the United States of America in CLE REFUELING PROPERTY CREDIT. ergy needs, and seventy percent of this Congress assembled, (a) IN GENERAL.—Subsection (g) of section oil is imported from foreign countries, SECTION 1. SHORT TITLE. 30C is amended by striking ‘‘and’’ at the end This Act may be cited as the ‘‘Renewable of paragraph (1), by redesignating paragraph many of whom, to put it mildly, are not committed to our best interests. Energy Access through Leasing Act of 2011’’ (2) as paragraph (3), and by inserting after or the ‘‘REAL Act of 2011’’. paragraph (1) the following new paragraph: We are sending $1 billion per day over- ‘‘(2) in the case of property relating to liq- SEC. 2. LOANS FOR FINANCING OF RENEWABLE seas to fund this addiction. ENERGY SYSTEMS LEASED FOR RES- uefied petroleum gas, after December 31, Renewable energy reduces harmful IDENTIAL USE. 2016, and’’. pollution. Many of our current dirty Subtitle A of title IV of the Energy Inde- (b) EFFECTIVE DATE.—The amendments sources of energy are significant con- pendence and Security Act of 2007 is amend- made by this section shall apply to property tributors to air pollution, leading to ed by inserting after section 413 (42 U.S.C. placed in service after the date of the enact- 17071) the following: ment of this Act. increased cases of asthma, respiratory diseases, and birth defects. Moreover, ‘‘SEC. 414. LOANS FOR FINANCING OF RENEW- ABLE ENERGY SYSTEMS LEASED By Mr. WHITEHOUSE (for him- these energy sources are significant FOR RESIDENTIAL USE. self, Mr. ALEXANDER, and Mr. contributors to global climate change, ‘‘(a) PURPOSES.—The purposes of this sec- UDALL of Colorado): harming our communities through sea tion are—

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3443

‘‘(1) to encourage residential use of renew- the renewable energy system provided by the ‘‘(C) REVENUE FROM SALE.—The Secretary able energy systems by minimizing upfront renewable energy manufacturer and the fore- shall be entitled to any revenue generated by costs and providing immediate utility cost cast of regional residential electricity prices the renewable energy system from selling savings to consumers through leasing of made by the Energy Information Adminis- electricity to the grid when an insurance those systems to homeowners; tration of the Department. claim has been paid out. ‘‘(2) to reduce carbon emissions and the use ‘‘(e) EASEMENT.— ‘‘(j) ASSIGNMENT AND TRANSFERABILITY OF of nonrenewable resources; ‘‘(1) IN GENERAL.—The Secretary may not INSURANCE.—A renewable energy system ‘‘(3) to encourage energy-efficient residen- insure a loan under this section unless the owner or an authorized renewable energy tial construction and rehabilitation; renewable energy system owner certifies, in lender that is insured under this section may ‘‘(4) to encourage the use of renewable re- accordance with such requirements as the assign or transfer the insurance, in whole or sources by homeowners; Secretary shall establish, consistent with in part, to another owner or lender, subject ‘‘(5) to minimize the impact of develop- the purposes of this section, that the renew- to such requirements as the Secretary may ment on the environment; able energy system financed will be leased prescribe. ‘‘(6) to reduce consumer utility costs; and only to a homeowner that grants an ease- ‘‘(k) PREMIUMS AND CHARGES.— ‘‘(7) to encourage private investment in the ment to install, maintain, use, and otherwise ‘‘(1) INSURANCE PREMIUMS.— green economy. access the renewable energy system that in- ‘‘(A) IN GENERAL.—The Secretary shall fix ‘‘(b) DEFINITIONS.—In this section: cludes the right to sell electricity produced and collect premiums for insurance of loans ‘‘(1) AUTHORIZED RENEWABLE ENERGY LEND- during the life of the renewable energy sys- under this section, that shall be— ER.—The term ‘authorized renewable energy tem to a wholesale or retail electrical power ‘‘(i) paid by the applicant renewable energy lender’ means a lender authorized by the grid. system owner at the time of issuance of the Secretary to make a loan under this section. ‘‘(2) ASSUMABLE LEASE.—The renewable en- certificate of insurance to the lender; and ‘‘(2) RENEWABLE ENERGY SYSTEM LEASE.— ergy system lease shall specify that the re- ‘‘(ii) adequate, as determined by the Sec- The term ‘renewable system energy lease’ newable energy system lease can be assumed retary, to cover the expenses and probable means an agreement between an authorized by new homeowners. losses of administering the program under renewable energy system owner and a home- ‘‘(f) DISCOUNT OR PREPAYMENT.— this section. owner for a term of not less than 5 years, ‘‘(1) IN GENERAL.—To encourage the use of ‘‘(B) DEPOSIT OF PREMIUM.—The Secretary under which the homeowner— renewable energy systems, the Secretary shall deposit any premiums collected under ‘‘(A) grants an easement to the renewable shall ensure that a discount given to a home- this subsection in the Renewable Energy energy system owner to install, maintain, owner by a renewable energy system owner Lease Insurance Fund established by sub- use, and otherwise access the renewable en- or other investor or prepayment of a renew- section (l). ergy system; and able energy system lease by a renewable en- ‘‘(2) PROHIBITION ON OTHER CHARGES.—Ex- ‘‘(B) agrees to— ergy system owner does not adversely affect cept as provided in paragraph (1), the Sec- ‘‘(i) lease the use of the system from the the mortgage requirements of the home- retary may not assess any other fee (includ- renewable energy system owner; or owner. ing a user fee), insurance premium, or charge ‘‘(ii) a power purchase agreement. ‘‘(2) CONSULTATION.—In carrying out this in connection with loan insurance provided ‘‘(3) RENEWABLE ENERGY MANUFACTURER.— subsection, the Secretary may consult with under this section. The term ‘renewable energy manufacturer’ agencies and entities involved in oversight of ‘‘(l) RENEWABLE ENERGY LEASE INSURANCE means a manufacturer of renewable energy home mortgages. FUND.— systems. ‘‘(g) ELIGIBILITY OF LENDERS.—The Sec- ‘‘(1) FUND ESTABLISHED.—There is estab- ‘‘(4) RENEWABLE ENERGY SYSTEM.—The retary may not insure a loan under this sec- lished in the Treasury of the United States term ‘renewable energy system’ means a sys- tion unless the lender making the loan is an the Renewable Energy Lease Insurance Fund tem of energy derived from— institution that meets such requirements as (referred to in this subsection as the ‘Fund’), ‘‘(A) a wind, solar (including photovoltaic the Secretary shall establish for participa- which shall be available to the Secretary and solar thermal), biomass (including bio- tion of renewable energy lenders in the pro- without fiscal year limitation, for the pur- diesel), or geothermal source; or gram under this section. pose of providing insurance under this sec- ‘‘(B) hydrogen derived from biomass or ‘‘(h) CERTIFICATE OF INSURANCE.— tion. water using an energy source described in ‘‘(1) IN GENERAL.—The Secretary shall issue ‘‘(2) CREDITS.—The Fund shall be credited subparagraph (A). to a lender that is insured under this section with— ‘‘(5) RENEWABLE ENERGY SYSTEM OWNER.— a certificate that serves as evidence of insur- ‘‘(A) any premiums collected under sub- The term ‘renewable energy system owner’ ance coverage under this section. section (k)(1); means a homebuilder, a manufacturer or in- ‘‘(2) CONTENTS OF CERTIFICATE.—The cer- ‘‘(B) any amounts collected by the Sec- staller of a renewable energy system, or any tificate required under paragraph (1) shall retary under subsection (i)(3); and other person, as determined by the Sec- describe the fair market value of the future ‘‘(C) any associated interest or earnings. retary. revenue stream for each year of the remain- ‘‘(3) AVAILABILITY.—Amounts in the Fund ‘‘(c) AUTHORITY.— ing life of the renewable energy system. shall be available to the Secretary for— ‘‘(1) IN GENERAL.—The Secretary may, on ‘‘(3) FULL FAITH AND CREDIT.—The certifi- ‘‘(A) fulfilling any obligations with respect application by an authorized renewable en- cate required under paragraph (1) shall be to insurance for loans provided under this ergy system owner, insure or make a com- backed by the full faith and credit of the section; and mitment to insure a loan made by an author- United States. ‘‘(B) paying administrative expenses in ized renewable energy lender to a renewable ‘‘(i) PAYMENT OF INSURANCE CLAIM.— connection with this section. energy system owner to finance the acquisi- ‘‘(1) FILING OF CLAIM.—The Secretary shall ‘‘(4) EXCESS AMOUNTS.—The Secretary may tion of a renewable energy system for lease provide for the filing of claims for insurance invest in obligations of the United States to a homeowner for use at the residence of under this section and the payment of the any amounts in the Fund determined by the the homeowner. claims. Secretary to be in excess of amounts re- ‘‘(2) TERMS AND CONDITIONS.—The Sec- ‘‘(2) PAYMENT OF CLAIM.—A claim under quired at the time of the determination to retary may prescribe such terms and condi- paragraph (1) may be paid only on a default carry out this section. tions for insurance under paragraph (1) as under the loan insured under this section ‘‘(m) INELIGIBILITY FOR PURCHASE BY FED- are consistent with the purposes of this sec- and the assignment, transfer, and delivery to ERAL FINANCING BANK.—Notwithstanding any tion. the Secretary of— other provision of law, no debt obligation ‘‘(d) LIMITATION ON PRINCIPAL AMOUNT.— ‘‘(A) all rights and interests arising under that is insured or committed to be insured ‘‘(1) LIMITATION.—The principal amount of the loan; and by the Secretary under this section shall be a loan insured under this section shall not ‘‘(B) all claims of the lender or the assigns subject to the Federal Financing Bank Act exceed the residual value of the renewable of the lender against the borrower or others of 1973 (12 U.S.C. 2281 et seq.). energy system to be acquired with the loan. arising under the loan transaction. ‘‘(n) REGULATIONS.— ‘‘(2) RESIDUAL VALUE.—For purposes of this ‘‘(3) LIEN.— ‘‘(1) IN GENERAL.—The Secretary shall issue subsection— ‘‘(A) IN GENERAL.—On payment of a claim such regulations as are necessary to carry ‘‘(A) the residual value of a renewable en- for insurance of a loan under this section, out this section. ergy system shall be the fair market value of the Secretary shall hold a lien on the under- ‘‘(2) MULTIFAMILY HOUSING.—In issuing the the future revenue stream from the sale of lying renewable energy system assets and regulations, the Secretary shall ensure that the expected remaining electricity produc- any associated revenue stream from the use multifamily housing units are eligible for tion from the system, pursuant to the ease- of the system, which shall be superior to all programs established by this section. ment granted in accordance with subsection other liens on the assets. ‘‘(3) TIMING.—Not later than 180 days after (e); and ‘‘(B) RESIDUAL VALUE.—The residual value the date of enactment of this section, the ‘‘(B) the fair market value of the future of the renewable energy system and the rev- Secretary shall issue interim or final regula- revenue stream for each year of the remain- enue stream from the use of the system shall tions. ing life of the renewable energy system shall be not less than the unpaid balance of the ‘‘(o) TERMINATION OF AUTHORITY.—The au- be determined based on the net present value loan amount covered by the certificate of in- thority of the Secretary to insure and make of the power output production warranty for surance. commitments to insure new loans under this

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3444 CONGRESSIONAL RECORD — SENATE May 26, 2011 section shall terminate on the date that is 10 the government to counter unfair sub- theirs. In short, the trade cheats steal years after the date of enactment of this sec- sidies and give American manufactur- American jobs and America’s treasure. tion.’’. ers a fighting chance in the global mar- The trade cheats are increasingly, By Mr. ROCKEFELLER: ketplace. It has become clear to me and brazenly, employing a variety of S. 1130. A bill to strengthen the through the years though that the cur- schemes to evade AD/CVD orders. United States trade laws and for other rent protections are not strong enough Sometimes, they hustle their merchan- purposes; to the Committee on Fi- and that more must be done to allow dise through foreign ports to claim nance. our businesses to compete. That is that it originates from somewhere it Mr. ROCKEFELLER. Mr. President, what I hope to accomplish with this doesn’t. Other times, the trade cheats today I am introducing the Strength- bill. I am not asking for any unfair ad- will provide fraudulent information’ to ening America’s Trade Laws Act, legis- vantages for American businesses. I government authorities at American lation that will protect American busi- just want to allow them the oppor- ports of entry, or they engage in nesses and workers by ensuring that tunity to succeed on the merits of their schemes to mislabel and misrepresent they can compete on a level playing ideas and their hard work. imports. field with foreign companies. I ask my colleagues to join me in In recognizing this problem, I con- The legislation I am introducing supporting this important legislation vened a hearing in the subcommittee today should be viewed as a and thank the chair for allowing me to on international trade, customs and placeholder for a more comprehensive speak on this issue. global competitiveness entitled ‘‘En- updated bill that I plan on introducing forcing America’s Trade Laws in the after the recess. Given the potential for By Mr. WYDEN (for himself, Ms. Face of Customs Fraud and Duty Eva- legislative action at any time on Trade SNOWE, Mrs. MCCASKILL, Mr. sion’’ in May of this year. At this hear- Adjustment Assistance, the three pend- BLUNT, Mr. BROWN of Ohio, Mr. ing we heard from Senators of both po- ing Free Trade Agreements, and the PORTMAN, and Mr. SCHUMER): litical parties and companies from S. 1133. A bill to prevent the evasion continuing harm caused by illegally across this nation about their concerns of antidumping and countervailing dumped foreign goods, I thought it was regarding this lack of enforcement. duty orders, and for other purposes; to imperative that I introduce this bill Others launched their own investiga- the Committee on Finance. today and move the discussion of our tion into the matter. country’s trade policy forward. Mr. WYDEN. Mr. President, Presi- dent, I rise today to introduce the En- My own staff on the Finance Sub- The Strengthening America’s Trade committee on Trade, Customs and Laws Act allows the government to forcing Orders and Reducing Cir- cumvention and Evasion Act, or the Competitiveness learned that if often live up to its commitment to protect takes Customs and Border Protection, American businesses by allowing the ENFORCE Act, of 2011. For almost a century, Democratic CBP, nearly a year to ask its sister businesses being harmed by unfairly agencies for investigatory help when it subsidized imports to have a seat at and Republican Administrations have promoted and protected America’s is needed and when CBP does refer a the table in trade dispute proceedings. case to an outside agency they don’t It also strengthens countervailing duty anti-dumping and countervailing duty laws. These laws recognize the reality follow-up to ensure that it gets han- laws that are used to impose tariffs on dled. It generally takes several years goods from countries like China that that foreign competitors don’t always play by the rules. Some employ unfair for the government to conclude an in- are being unfairly subsidized. vestigation into evasion and reassess Importantly, my bill would prevent and unscrupulous trade practices that put American businesses at a serious the appropriate duties that should have the World Trade Organization, WTO, been collected. from dictating American policy by disadvantage. So, when it comes to en- Customs and Border Protection, is mandating that Congress must approve suring that American businesses and the nation’s frontline defense against of any regulatory change to American workers have a level playing field to unfair trade and is responsible for en- law that is meant to conform with an compete, anti-dumping and counter- forcing U.S. trade remedy laws and col- adverse WTO decision. vailing duty laws are the first line of This bill goes after countries that use defense. lecting AD/CV duties. Yet, if you listen currency manipulation to keep their But it is not enough to just pass to the concerns of domestic producers, prices artificially low by allowing the these laws; they need to be enforced. like those who testified at my hearing, American government to treat this ma- Duties don’t work unless they are as- timely and effective enforcement of nipulation as an unfair subsidy that sessed and collected. But just like some AD/CVD orders remains problematic can be responded to with counter- people cheat their way out of taxes, the and AD/CV duty evasion continues, vailing duties. same is true for foreign supplies and seemingly unabated. My bill also allows a panel of judicial dishonest importers who evade and While Immigration and Customs En- experts to review recent adverse WTO flout the anti-dumping and counter- forcement, or ICE, and CBP are drag- decisions to ensure that they were vailing duties that protect American ging their feet to enforce our trade made correctly and that obligations business and workers from grievous laws, this country’s domestic manufac- are not being imposed on the United economic harm. turers are being hammered by foreign States that our government has not These suppliers and importers are trade cheats. It is not like the cheaters previously agreed to. what I call trade cheats. wait around to get caught and pay These steps are important because You see, under U.S. trade laws, when their fines, they disappear long before businesses like those in my home state a certain import is found to be unfairly the so called government watchdogs ar- of West Virginia face a constant threat traded, that is, it benefits from govern- rive. ICE and CBP are the two principal from foreign made goods that are being ment subsidies or is sold below market American government agencies that sold at prices well below cost in an ef- prices, the U.S. Department of Com- are supposed to police this beat. In my fort to drive American businesses out merce imposes additional duties on view, one of them, CBP, treats allega- of the marketplace altogether. In West these imports. These duties, we call tions of duty evasion like junk mail. Virginia, we know all too well the im- them anti-dumping and countervailing The other, Immigration and Customs pact these unfair practices can have, as duties, or AD/CVD, ensure that Amer- Enforcement, has been more visible on numerous manufacturing businesses ican producers are only asked to com- the issue of alleged illegal movie have closed in recent years in response pete on a playing field that is level. downloads than taking steps to protect to these challenges. But we have these trade cheats out tens of thousands of manufacturing I have worked through the system to there. They cheat American taxpayers jobs that are threatened by unfair try to protect our employers, testi- out of the revenue that is supposed to trade. fying numerous times before the Inter- be collected on imports, and which is Such lollygagging is not only hurting national Trade Commission on behalf needed to reduce the budget deficit, our domestic producer, it is hurting of West Virginia businesses, including and they cheat American producers out our country’s treasury. U.S. industry our steel industry, in an effort to get of business that may otherwise be sources estimate that approximately

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3445 $91 million in AD/CV duties that were national security often leads to incon- ‘‘SEC. 516B. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTI- supposed to be applied to just four steel sistent efforts to combat evasion of the DUMPING AND COUNTERVAILING products went uncollected as a result trade remedy laws. The ENFORCE Act DUTY ORDERS. of evasion in 2009. This is an amount would require CBP to provide annual ‘‘(a) DEFINITIONS.—In this section: equal to 30 percent of all AD/CV duties reports to us here in Congress about ‘‘(1) ADMINISTERING AUTHORITY.—The term CBP collected that year. With 300 cur- the effectiveness of its enforcement ef- ‘administering authority’ has the meaning rent AD/CVD orders in place on count- forts and the job it is required to do to given that term in section 771(1). ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- less products from over 40 countries, protect American producers from the TEES.—The term ‘appropriate congressional the potential for AD/CV duty evasion is harm of unfairly traded imports. committees’ means— vast, and hundreds of millions of AD/ As you can see, this bill presents a ‘‘(A) the Committee on Finance and the CV duties may be unaccounted for. common-sense strategy to combat Committee on Appropriations of the Senate; Every penny counts and we have an ob- trade cheating and the evasion of anti- and ligation to the American businesses, dumping and countervailing duty col- ‘‘(B) the Committee on Ways and Means and the workers they rely on, to do a lection. Enforcing U.S. trade laws and and the Committee on Appropriations of the better job. combating unfair trade practices must House of Representatives. The bill I am introducing today, with ‘‘(3) COMMISSIONER.—The term ‘Commis- be a central pillar of an economic and sioner’ means the Commissioner responsible Senators SNOWE, MCCASKILL, BLUNT, trade policy that is designed to pro- for U.S. Customs and Border Protection. BROWN from Ohio, PORTMAN, and SCHU- mote economic growth and job expan- ‘‘(4) COVERED MERCHANDISE.—The term MER, will go a long way toward empow- sion, especially as we continue to re- ‘covered merchandise’ means merchandise ering the federal government to do a cover from a recession. that is subject to— better job to combat the trade cheats I want to take a moment to recognize ‘‘(A) an antidumping duty order issued and enforce U.S. trade laws. I would and thank some terrific colleagues of under section 736; like to highlight just a few of the main mine in the Senate that are joining me ‘‘(B) a finding issued under the Anti- provisions. dumping Act, 1921; or in introducing this legislation. I thank ‘‘(C) a countervailing duty order issued First, the ENFORCE Act would for- you, and your staff, for your help and under section 706. malize a process by which allegations for your efforts. I would also like to ‘‘(5) ENTER; ENTRY.—The terms ‘enter’ and of evasion are acted on. Because CBP thank the Retail Industry Leaders As- ‘entry’ refer to the entry, or withdrawal primarily relies on the private sector sociation, the Committee to Support from warehouse for consumption, in the cus- to identify evasion of AD/CVD, the EN- U.S. Trade Laws, and the Coalition to toms territory of the United States. FORCE Act would formalize that proc- Enforce Antidumping & Countervailing ‘‘(6) EVADE; EVASION.—The terms ‘evade’ ess by allowing stakeholders to file a Duty Orders for their valuable input. I and ‘evasion’ refer to entering covered mer- petition alleging evasion and require chandise into the customs territory of the look forward to more of their input United States by means of any document or CBP to initiate an investigation pursu- going forward. electronically transmitted data or informa- ant to the petition within 10 days. I look forward to working with my tion, written or oral statement, or act that Second, our bill would establish a colleagues in the Senate and with my is material and false, or any omission that is rapid-response timeline by which CBP friends in the House of Representatives material, and that results in any cash de- would investigate allegations of eva- to build support for this initiative and posit or other security or any amount of ap- sion. The ENFORCE Act would give the to take action on behalf of American plicable antidumping or countervailing du- CBP 90 days, after an investigation of producers. ties being reduced or not being applied with evasion begins, to make a preliminary Mr. President, I ask unanimous con- respect to the merchandise. determination into whether there is a ‘‘(7) INTERESTED PARTY.—The term ‘inter- sent that the text of the bill be printed ested party’ has the meaning given that reason to believe an importer is evad- in the RECORD. term in section 771(9). ing an AD/CVD order. So if an affirma- There being no objection, the text of ‘‘(b) PROCEDURES FOR INVESTIGATING ALLE- tive preliminary determination is the bill was ordered to be printed in GATIONS OF EVASION.— made, AD/CV duties would be required the RECORD, as follows: ‘‘(1) INITIATION BY PETITION OR REFERRAL.— to be collected in cash until the inves- S. 1133 ‘‘(A) IN GENERAL.—Not later than 10 days after the date on which the Commissioner re- tigation is concluded and any entries of Be it enacted by the Senate and House of Rep- subject merchandise would not be liq- ceives a petition described in subparagraph resentatives of the United States of America in (B) or a referral described in subparagraph uidated by CBP in order to ensure that Congress assembled, (C), the Commissioner shall initiate an in- the correct amount of duties owed can SECTION 1. SHORT TITLE; TABLE OF CONTENTS. vestigation pursuant to this paragraph if the be collected. CBP would also be re- (a) SHORT TITLE.—This Act may be cited as Commissioner determines that the informa- quired to make a final determination the ‘‘Enforcing Orders and Reducing Cus- tion provided in the petition or the referral, as to whether merchandise subject to toms Evasion Act of 2011’’. as the case may be, is accurate and reason- an investigation under the bill entered (b) TABLE OF CONTENTS.—The table of con- ably suggests that covered merchandise has into the U.S. through an evasion tents for this Act is as follows: been entered into the customs territory of scheme within 120 days after CBP has Sec. 1. Short title; table of contents. the United States through evasion. TITLE I—PROCEDURES ‘‘(B) PETITION DESCRIBED.—A petition de- issued a preliminary determination. scribed in this subparagraph is a petition Sec. 101. Procedures for investigating claims Flexibilities are added to these that— of evasion of antidumping and timelines for cases that are complex. ‘‘(i) is filed with the Commissioner by any countervailing duty orders. All of this would put an end to the party who is an interested party with respect Sec. 102. Application to Canada and Mexico. lollygagging that our domestic pro- to covered merchandise; ducers would desperately like to see TITLE II—OTHER MATTERS ‘‘(ii) alleges that a person has entered cov- ended. Sec. 201. Definitions. ered merchandise into the customs territory Third, the ENFORCE Act would help Sec. 202. Allocation of U.S. Customs and of the United States through evasion; and Border Protection personnel. facilitate information sharing. Our bill ‘‘(iii) is accompanied by information rea- Sec. 203. Regulations. sonably available to the petitioner sup- would establish clear instruction and Sec. 204. Annual report on prevention of eva- porting the allegation. guidelines to promote appropriate in- sion of antidumping and coun- ‘‘(C) REFERRAL DESCRIBED.—A referral de- formation sharing among the various tervailing duty orders. scribed in this subparagraph is information agencies to better combat evasion and Sec. 205. Government Accountability Office submitted to the Commissioner by any other protect consumers from unsafe goods. report on reliquidation author- Federal agency, including the Department of Everyone knows that the more infor- ity. Commerce or the United States Inter- mation law enforcement agencies have, TITLE I—PROCEDURES national Trade Commission, indicating that the better they are able to do their SEC. 101. PROCEDURES FOR INVESTIGATING a person has entered covered merchandise into the customs territory of the United jobs. CLAIMS OF EVASION OF ANTI- DUMPING AND COUNTERVAILING States through evasion. Last and certainly not least, our bill DUTY ORDERS. ‘‘(2) DETERMINATIONS.— would establish accountability. CBP’s (a) IN GENERAL.—The Tariff Act of 1930 is ‘‘(A) PRELIMINARY DETERMINATION.— broad mandate to facilitate trade, en- amended by inserting after section 516A (19 ‘‘(i) IN GENERAL.—Not later than 90 days force trade remedy laws, and protect U.S.C. 1516a) the following: after the date on which the Commissioner

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3446 CONGRESSIONAL RECORD — SENATE May 26, 2011 initiates an investigation under paragraph sioner may, in making a preliminary deter- subparagraph (C), when the Commissioner (1), the Commissioner shall issue a prelimi- mination under subparagraph (A) or a final makes an affirmative preliminary deter- nary determination, based on information determination under subparagraph (B), use mination under paragraph (2)(A), the Com- available to the Commissioner at the time of an inference that is adverse to the interests missioner shall, at the request of the head of the determination, with respect to whether of that person in selecting from among the another Federal agency, transmit the admin- there is a reasonable basis to believe or sus- facts otherwise available to determine istrative record to the head of that agency. pect that the covered merchandise was en- whether evasion has occurred. ‘‘(B) AFTER FINAL DETERMINATION.—Not- tered into the customs territory of the ‘‘(ii) ADVERSE INFERENCE DESCRIBED.—An withstanding section 777 and subject to sub- United States through evasion. adverse inference used under clause (i) may paragraph (C), when the Commissioner ‘‘(ii) EXTENSION.—The Commissioner may include reliance on information derived makes an affirmative final determination extend by not more than 45 days the time pe- from— under paragraph (2)(B), the Commissioner riod specified in clause (i) if the Commis- ‘‘(I) the petition, if any, submitted under shall, at the request of the head of another sioner determines that sufficient informa- paragraph (1)(B) with respect to the covered Federal agency, transmit the complete ad- tion to make a preliminary determination merchandise; ministrative record to the head of that agen- under that clause is not available within ‘‘(II) a determination by the Commissioner cy. that time period or the inquiry is unusually in another investigation under this section; ‘‘(C) PROTECTIVE ORDERS.—Before trans- complex. ‘‘(III) an investigation or review by the ad- mitting an administrative record to the head ‘‘(B) FINAL DETERMINATION.— ministering authority under title VII; or of another Federal agency under subpara- ‘‘(i) IN GENERAL.—Not later than 120 days ‘‘(IV) any other information placed on the graph (A) or (B), the Commissioner shall after making a preliminary determination record. verify that the other agency has in effect under subparagraph (A), the Commissioner ‘‘(F) NOTIFICATION AND PUBLICATION.—Not with respect to the administrative record a shall make a final determination, based on later than 7 days after making a preliminary protective order that provides the same or a substantial evidence, with respect to wheth- determination under subparagraph (A) or a similar level of protection for the informa- er covered merchandise was entered into the final determination under subparagraph (B), tion in the administrative record as the pro- customs territory of the United States the Commissioner shall— tective order in effect with respect to such through evasion. ‘‘(i) provide notification of the determina- information under this subsection. ‘‘(ii) EXTENSION.—The Commissioner may tion to— extend by not more than 60 days the time pe- ‘‘(I) the administering authority; and ‘‘(c) EFFECT OF DETERMINATIONS.— riod specified in clause (i) if the Commis- ‘‘(II) the person that submitted the peti- ‘‘(1) EFFECT OF AFFIRMATIVE PRELIMINARY sioner determines that sufficient informa- tion under paragraph (1)(B) or the Federal DETERMINATION.—If the Commissioner makes tion to make a final determination under agency that submitted the referral under a preliminary determination in accordance that clause is not available within that time paragraph (1)(C); and with subsection (b)(2)(A) that there is a rea- period or the inquiry is unusually complex. ‘‘(ii) provide the determination for publica- sonable basis to believe or suspect that cov- ‘‘(C) OPPORTUNITY FOR COMMENT; HEAR- tion in the Federal Register. ered merchandise was entered into the cus- ING.—Before issuing a preliminary deter- ‘‘(3) BUSINESS PROPRIETARY INFORMATION.— toms territory of the United States through mination under subparagraph (A) or a final ‘‘(A) ESTABLISHMENT OF PROCEDURES.—For evasion, the Commissioner shall— determination under subparagraph (B) with each investigation initiated under paragraph ‘‘(A) suspend the liquidation of each unliq- respect to whether covered merchandise was (1), the Commissioner shall establish proce- uidated entry of the covered merchandise entered into the customs territory of the dures for the submission of business propri- that is subject to the preliminary determina- United States through evasion, the Commis- etary information under an administrative tion and that entered on or after the date of sioner shall— protective order that— the initiation of the investigation under ‘‘(i) provide any person alleged to have en- ‘‘(i) protects against public disclosure of paragraph (1); tered the merchandise into the customs ter- such information; and ‘‘(B) review and reassess the amount of ritory of the United States through evasion, ‘‘(ii) for purposes of submitting comments bond or other security the importer is re- and any person that is an interested party to the Commissioner, provides limited access quired to post for each entry of merchandise with respect to the merchandise, with an op- to such information for— described in subparagraph (A); portunity to be heard; ‘‘(I) the person that submitted the petition ‘‘(C) require the posting of a cash deposit ‘‘(ii) upon request, hold a hearing with re- under paragraph (1)(B) or the Federal agency with respect to each entry of merchandise spect to whether the covered merchandise that submitted the referral under paragraph described in subparagraph (A); and was entered into the customs territory of the (1)(C); and ‘‘(D) take such other measures as the Com- United States through evasion; and ‘‘(II) the person alleged to have entered missioner determines appropriate to ensure ‘‘(iii) provide an opportunity for public covered merchandise into the customs terri- the collection of any duties that may be comment. tory of the United States through evasion. owed with respect to merchandise described ‘‘(D) AUTHORITY TO COLLECT AND VERIFY AD- ‘‘(B) ADMINISTRATION IN ACCORDANCE WITH in subparagraph (A) as a result of a final de- DITIONAL INFORMATION.—In making a prelimi- OTHER PROCEDURES.—The procedures estab- termination under subsection (b)(2)(B). nary determination under subparagraph (A) lished under subparagraph (A) shall be ad- ‘‘(2) EFFECT OF NEGATIVE PRELIMINARY DE- or a final determination under subparagraph ministered— TERMINATION.—If the Commissioner makes a (B), the Commissioner— ‘‘(i) to the maximum extent practicable, in preliminary determination in accordance ‘‘(i) shall exercise all existing authorities a manner similar to the manner in which the with subsection (b)(2)(A) that there is not a to collect information needed to make the administering authority administers the ad- reasonable basis to believe or suspect that determination; and ministrative protective order procedures covered merchandise was entered into the ‘‘(ii) may collect such additional informa- under section 777; customs territory of the United States tion as is necessary to make the determina- ‘‘(ii) in accordance with section 1905 of through evasion, the Commissioner shall tion through such methods as the Commis- title 18, United States Code; and continue the investigation and notify the ad- sioner considers appropriate, including by— ‘‘(iii) in a manner that is consistent with ministering authority pending a final deter- ‘‘(I) issuing a questionnaire with respect to the obligations of the United States under mination under subsection (b)(2)(B). covered merchandise to— the Agreement on Implementation of Article ‘‘(3) EFFECT OF AFFIRMATIVE FINAL DETER- ‘‘(aa) a person that filed a petition under VII of the General Agreement on Tariffs and MINATION.—If the Commissioner makes a paragraph (1)(B); Trade 1994 (referred to in section 101(d)(8) of final determination in accordance with sub- ‘‘(bb) a person alleged to have entered cov- the Uruguay Round Agreements Act (19 section (b)(2)(B) that covered merchandise ered merchandise into the customs territory U.S.C. 3511(d)(8)) (relating to customs valu- was entered into the customs territory of the of the United States through evasion; or ation). United States through evasion, the Commis- ‘‘(cc) any other person that is an interested ‘‘(C) DISCLOSURE OF BUSINESS PROPRIETARY sioner shall— party with respect to the covered merchan- INFORMATION.—The Commissioner shall, in ‘‘(A) suspend or continue to suspend, as the dise; or accordance with the procedures established case may be, the liquidation of each entry of ‘‘(II) conducting verifications, including under subparagraph (A) and consistent with the covered merchandise that is subject to on-site verifications, of any relevant infor- subparagraph (B), make all business propri- the determination and that enters on or mation. etary information presented to, or obtained after the date of the determination; ‘‘(E) ADVERSE INFERENCE.— by, the Commissioner during an investiga- ‘‘(B) notify the administering authority of ‘‘(i) IN GENERAL.—If the Commissioner tion available to the persons specified in sub- the determination and request that the ad- finds that a person that filed a petition paragraph (A)(ii) under an administrative ministering authority— under paragraph (1)(B), a person alleged to protective order, regardless of when such in- ‘‘(i) identify the applicable antidumping or have entered covered merchandise into the formation is submitted during an investiga- countervailing duty assessment rate for the customs territory of the United States tion. entries for which liquidation is suspended through evasion, or a foreign producer or ex- ‘‘(4) REFERRALS TO OTHER FEDERAL AGEN- under paragraph (1)(A) or subparagraph (A) porter, has failed to cooperate by not acting CIES.— of this paragraph; or to the best of the person’s ability to comply ‘‘(A) AFTER PRELIMINARY DETERMINATION.— ‘‘(ii) if no such assessment rates are avail- with a request for information, the Commis- Notwithstanding section 777 and subject to able at the time, identify the applicable cash

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3447 deposit rate to be applied to the entries de- section (b)(2) shall affect the authority of the SEC. 202. ALLOCATION OF U.S. CUSTOMS AND scribed in subparagraph (A), with the appli- Commissioner— BORDER PROTECTION PERSONNEL. cable antidumping or countervailing duty ‘‘(A) to pursue such other enforcement (a) REASSIGNMENT AND ALLOCATION.—The assessment rates to be provided as soon as measures with respect to the evasion of anti- Commissioner shall, to the maximum extent such rates become available; dumping or countervailing duties as the possible, ensure that U.S. Customs and Bor- ‘‘(C) require the posting of cash deposits Commissioner determines necessary, includ- der Protection— and assess duties on each entry of merchan- ing enforcement measures described in (1) employs sufficient personnel who have dise described in subparagraph (A) in accord- clauses (i) through (iv) of subsection expertise in, and responsibility for, pre- ance with the instructions received from the (c)(3)(E); or venting the entry of covered merchandise administering authority under paragraph (5); ‘‘(B) to assess any penalties or collect any into the customs territory of the United ‘‘(D) review and reassess the amount of applicable duties, taxes, and fees, including States through evasion; and bond or other security the importer is re- pursuant to section 592. (2) on the basis of risk assessment metrics, quired to post for merchandise described in ‘‘(2) EFFECT OF DETERMINATIONS ON FRAUD assigns sufficient personnel with primary re- subparagraph (A) to ensure the protection of ACTIONS.—Neither a preliminary determina- sponsibility for preventing the entry of cov- revenue and compliance with the law; and tion nor a final determination under sub- ered merchandise into the customs territory ‘‘(E) take such additional enforcement section (b)(2) shall be determinative in a pro- of the United States through evasion to the measures as the Commissioner determines ceeding under section 592. ports of entry in the United States at which appropriate, such as— ‘‘(3) NEGLIGENCE OR INTENT.—The Commis- the Commissioner determines potential eva- ‘‘(i) initiating proceedings under section sioner shall investigate and make a prelimi- sion presents the most substantial threats to 592 or 596; nary determination or a final determination the revenue of the United States. ‘‘(ii) implementing, in consultation with under this section with respect to whether a (b) COMMERCIAL ENFORCEMENT OFFICERS.— the relevant Federal agencies, rule sets or person has entered covered merchandise into Not later than September 30, 2011, the Sec- modifications to rules sets for identifying, the customs territory of the United States retary of Homeland Security, the Commis- particularly through the Automated Tar- through evasion without regard to whether sioner, and the Assistant Secretary for U.S. geting System and the Automated Commer- the person— Immigration and Customs Enforcement shall cial Environment, importers, other parties, ‘‘(A) intended to violate an antidumping assess and properly allocate the resources of and merchandise that may be associated duty order or countervailing duty order U.S. Customs and Border Protection and with evasion; under section 736 or 706, respectively, or a U.S. Immigration and Customs Enforce- ‘‘(iii) requiring, with respect to merchan- finding issued under the Antidumping Act, ment— dise for which the importer has repeatedly 1921; or (1) to effectively implement the provisions provided incomplete or erroneous entry sum- ‘‘(B) exercised reasonable care with respect of, and amendments made by, this Act; and mary information in connection with deter- to avoiding a violation of such an order or (2) to improve efforts to investigate and minations of evasion, the importer to submit finding.’’. combat evasion. SEC. 203. REGULATIONS. entry summary documentation and to de- (b) TECHNICAL AMENDMENT.—Clause (ii) of posit estimated duties at the time of entry; section 777(b)(1)(A) of the Tariff Act of 1930 (a) IN GENERAL.—Not later than 240 days ‘‘(iv) referring the record in whole or in (19 U.S.C. 1677f(b)(1)(A)) is amended to read after the date of the enactment of this Act, part to U.S. Immigration and Customs En- as follows: the Commissioner shall issue regulations to forcement for civil or criminal investigation; ‘‘(ii) to an officer or employee of U.S. Cus- carry out this title and the amendments and toms and Border Protection who is directly made by title I. (b) COOPERATION BETWEEN U.S. CUSTOMS ‘‘(v) transmitting the administrative involved in conducting an investigation re- AND BORDER PROTECTION, U.S. IMMIGRATION record to the administering authority for garding fraud under this title or claims of AND CUSTOMS ENFORCEMENT, AND DEPART- further appropriate proceedings. evasion under section 516B.’’. MENT OF COMMERCE.—Not later than 240 days ‘‘(4) EFFECT OF NEGATIVE FINAL DETERMINA- (c) JUDICIAL REVIEW.—Section 516A(a)(2) of after the date of the enactment of this Act, TION.—If the Commissioner makes a final de- the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is the Commissioner, the Assistant Secretary termination in accordance with subsection amended— for U.S. Immigration and Customs Enforce- (b)(2)(B) that covered merchandise was not (1) in subparagraph (A)— ment, and the Secretary of Commerce shall entered into the customs territory of the (A) in clause (i)(III), by striking ‘‘or’’ at establish procedures to ensure maximum co- United States through evasion, the Commis- the end; operation and communication between U.S. sioner shall terminate the suspension of liq- (B) in clause (ii), by adding ‘‘or’’ at the Customs and Border Protection, U.S. Immi- uidation pursuant to paragraph (1)(A) and re- end; and gration and Customs Enforcement, and the fund any cash deposits collected pursuant to (C) by inserting after clause (ii) the fol- Department of Commerce in order to quick- paragraph (1)(C) that are in excess of the lowing: ly, efficiently, and accurately investigate al- cash deposit rate that would otherwise have ‘‘(iii) the date of publication in the Federal legations of evasion under section 516B of the been applicable the merchandise. Register of a determination described in Tariff Act of 1930 (as added by section 101 of ‘‘(5) COOPERATION OF ADMINISTERING AU- clause (ix) of subparagraph (B),’’; and this Act). THORITY.— (2) in subparagraph (B), by adding at the SEC. 204. ANNUAL REPORT ON PREVENTION OF ‘‘(A) IN GENERAL.—Upon receiving a notifi- end the following new clause: EVASION OF ANTIDUMPING AND cation from the Commissioner under para- ‘‘(ix) A determination by the Commis- COUNTERVAILING DUTY ORDERS. graph (3)(B), the administering authority sioner responsible for U.S. Customs and Bor- (a) IN GENERAL.—Not later than February shall promptly provide to the Commissioner der Protection under section 516B that mer- 28 of each year, beginning in 2012, the Com- the applicable cash deposit rates and anti- chandise has been entered into the customs missioner, in consultation with the Sec- dumping or countervailing duty assessment territory of the United States through eva- retary of Commerce, shall submit to the ap- rates and any necessary liquidation instruc- sion.’’. propriate congressional committees a report tions. (d) FINALITY OF DETERMINATIONS.—Section on the efforts being taken pursuant to sec- ‘‘(B) SPECIAL RULE FOR CASES IN WHICH THE 514(b) of the Tariff Act of 1930 (19 U.S.C. tion 516B of the Tariff Act of 1930 (as added PRODUCER OR EXPORTER IS UNKNOWN.—If the 1514(b)) is amended by striking ‘‘section 303’’ by section 101 of this Act) to prevent the Commissioner and administering authority and all that follows through ‘‘which are re- entry of covered merchandise into the cus- are unable to determine the producer or ex- viewable’’ and inserting ‘‘section 516B or toms territory of the United States through porter of the merchandise with respect to title VII that are reviewable’’. evasion. which a notification is made under para- SEC. 102. APPLICATION TO CANADA AND MEXICO. (b) CONTENTS.—Each report required under graph (3)(B), the administering authority Pursuant to article 1902 of the North Amer- subsection (a) shall include— shall identify, as the applicable cash deposit ican Free Trade Agreement and section 408 (1) for the fiscal year preceding the submis- rate or antidumping or countervailing duty of the North American Free Trade Agree- sion of the report— assessment rate, the cash deposit or duty (as ment Implementation Act (19 U.S.C. 3438), (A) the number and a brief description of the case may be) in the highest amount ap- the amendments made by this title shall petitions and referrals received pursuant to plicable to any producer or exporter, includ- apply with respect to goods from Canada and section 516B(b)(1) of the Tariff Act of 1930 (as ing the ‘all-others’ rate of the merchandise Mexico. added by section 101 of this Act); subject to an antidumping order or counter- (B) the results of the investigations initi- vailing duty order under section 736 or 706, TITLE II—OTHER MATTERS ated under such section, including any re- respectively, or a finding issued under the SEC. 201. DEFINITIONS. lated enforcement actions, and the amount Antidumping Act, 1921, or any administra- In this title, the terms ‘‘appropriate con- of antidumping and countervailing duties tive review conducted under section 751. gressional committees’’, ‘‘Commissioner’’, collected as a result of those investigations; ‘‘(d) SPECIAL RULES.— ‘‘covered merchandise’’, ‘‘enter’’ and and ‘‘(1) EFFECT ON OTHER AUTHORITIES.—Nei- ‘‘entry’’, and ‘‘evade’’ and ‘‘evasion’’ have (C) to the extent appropriate, a summary ther the initiation of an investigation under the meanings given those terms in section of the efforts of U.S. Customs and Border subsection (b)(1) nor a preliminary deter- 516B(a) of the Tariff Act of 1930 (as added by Protection, other than efforts initiated pur- mination or a final determination under sub- section 101 of this Act). suant section 516B of the Tariff Act of 1930

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3448 CONGRESSIONAL RECORD — SENATE May 26, 2011 (as added by section 101 of this Act), to pre- cial return to the Federal Government in ne- Mexico affected by the Deepwater Hori- vent the entry of covered merchandise into gotiating the terms of such contract. zon oil spill, and for other purposes; to the customs territory of the United States (2) AMOUNT OF ENRICHMENT.—The Secretary the Committee on Commerce, Science, through evasion; and shall, during each year of the pilot program and Transportation. (2) for the 3 fiscal years preceding the sub- under this subsection, conduct uranium re- Mr. ROCKEFELLER. Mr. President, I mission of the report, an estimate of— enrichment under such program in an (A) the amount of covered merchandise amount (measured in separative work units) rise today to reintroduce legislation that entered the customs territory of the equal to approximately 25 percent of the ag- previously sponsored by a Member of United States through evasion; and gregate uranium enrichment conducted in the Commerce Science and Transpor- (B) the amount of duties that could not be the United States during calendar year 2010. tation Committee in the 111th Congress collected on such merchandise because the (3) ECONOMIC VIABILITY.—For purposes of that would direct funds from the ad- Commissioner did not have the authority to paragraph (1), uranium shall be considered ministrative, civil, and criminal pen- reliquidate the entries of such merchandise. economically viable if the cost to the United alties stemming from the Deepwater SEC. 205. GOVERNMENT ACCOUNTABILITY OF- States of the reenrichment thereof, includ- Horizon oil spill to fund coastal and FICE REPORT ON RELIQUIDATION ing the costs of the contract entered into marine restoration, research and edu- AUTHORITY. under paragraph (1), are less than the rev- Not later than 60 days after the date of the enue anticipated from the sale of the re- cation, as well as promote tourism and enactment of this Act, the Comptroller Gen- enriched uranium. economic development in the coastal eral of the United States shall submit to the (b) COMMENCEMENT OF REENRICHMENT AC- Gulf states. The bill that I introduce appropriate congressional committees, and TIVITIES.—Reenrichment activities under the today, the Gulf Coast Restoration Act, make available to the public, a report esti- contract entered into under subsection (a) is identical to the bill by the same mating the amount of duties that could not shall commence as soon as possible, but no name introduced in the 111th Congress be collected on covered merchandise that en- later than June 1, 2012. and referred to the Commerce, Science, tered the customs territory of the United (c) SALE OF REENRICHED URANIUM.—The Secretary may from time to time sell the re- and Transportation Committee. States through evasion during fiscal years To remind my colleagues, under Sen- 2009 and 2010 because the Commissioner did enriched uranium generated pursuant to the not have the authority to reliquidate the en- contract entered into under subsection (a). ate Rule XXV(f), the Commerce Com- tries of such merchandise. (d) ALLOCATION AND USE OF PROCEEDS.— mittee possesses broad jurisdiction, in- Any funds received by the Secretary from cluding over ‘‘Coast Guard . . . coastal By Mr. MCCONNELL (for himself the sale of reenriched uranium generated zone management . . . interstate com- pursuant to the contract entered into under and Mr. PAUL): merce . . . marine and ocean naviga- S. 1135. A bill to provide for the re- subsection (a) shall be allocated as follows: tion, safety and transportation, includ- (1) First, such funds shall be available to enrichment of certain depleted ura- the Secretary, without further appropriation ing navigational aspects of deepwater nium owned by the Department of En- and without fiscal year limitation, to carry ports . . . marine fisheries . . . mer- ergy, and for the sale or barter of the out this section, including amounts required chant marine and navigation . . . resulting reenriched uranium, and for to be paid under the contract entered into oceans . . . regulation of consumer other purposes; to the Committee on under subsection (a). products and services including testing Energy and Natural Resources. (2) Any amounts not required for the pur- related to toxic substances . . . Mr. MCCONNELL. Mr. President, I poses described in paragraph (1) shall be science, engineering, and technology ask unanimous consent that the text of transferred to the Uranium Enrichment De- research and development and policy contamination and Decommissioning Fund . . . transportation, and the transpor- the bill be printed in the RECORD. established in section 1801 of the Atomic En- There being no objection, the text of ergy Act of 1954 (42 U.S.C. 2297g), to be avail- tation and commerce aspects of Outer the bill was ordered to be printed in able for use, without further appropriation Continental Shelf Lands.’’ As Chair- the RECORD, as follows: and without fiscal year limitation. man of the Committee I am well aware S. 1135 SEC. 4. DEPLETED URANIUM. that individual Members of my Com- Be it enacted by the Senate and House of Rep- (a) TITLE AND RESPONSIBILITY FOR DISPOSI- mittee have strong views on all of resentatives of the United States of America in TION.—The Secretary shall assume title to, these issues. Congress assembled, and responsibility for the disposition of, all In the coming weeks, the Commerce SECTION 1. SHORT TITLE. depleted uranium generated pursuant to the Committee will be reviewing and con- This Act may be cited as the ‘‘Energy and contract entered into under section 3(a). sidering a legislative package in a re- (b) FUNDING FOR REENRICHMENT.—To pro- Revenue Enrichment Act of 2011’’. vide funding for payments under the con- newed effort to respond the Gulf oil SEC. 2. DEFINITIONS. tract entered into under section 3(a), the spill. My introduction of the bill today In this Act: Secretary may— is intended to clearly establish that (1) DEPARTMENT.—The term ‘‘Department’’ (1) assume title to, and responsibility for the Commerce Committee continues to means the Department of Energy. the disposition of, depleted uranium in addi- hold strong views about how to direct (2) ENRICHMENT PLANT.—The term ‘‘enrich- tion to the depleted uranium specified in funding from the assessed penalties ment plant’’ means a uranium enrichment subsection (a); and plant owned by the Department of Energy back to restoring the Gulf economy (2) transfer to the qualified operator title and environment. It is also intended to with respect to which the Nuclear Regu- to uranium generated as a result of the re- latory Commission has made a determina- enrichment pursuant to the contract entered assert the Commerce Committee will tion of compliance under section 1701(b)(2) of into under section 3(a). conduct its oversight over the pro- the Atomic Energy Act of 1954 (42 U.S.C. SEC. 5. LIMITATION ON FEDERAL URANIUM motion of commerce, as well as over 2297f(b)(2)). SALES. ocean and coastal programs, and re- (3) QUALIFIED OPERATOR.—The term ‘‘quali- (a) INITIAL PERIOD.—Notwithstanding sec- serve its rights to review and consider fied operator’’ means a company that has ex- tion 3112(d) of the USEC Privatization Act the authorization of programs needed perience in operating an enrichment plant (42 U.S.C. 2297h—10(d)), during the 24 month under Nuclear Regulatory Commission au- to support the economic recovery of pilot program and the subsequent 24 months the Gulf, and the long term restoration thorization and has the ability and work- after that program is complete, the Sec- force to enrich the depleted uranium that is retary may not during any calendar year sell of Gulf ecosystems. Finally, introduc- owned by the Department of Energy. an amount of uranium that exceeds 15 per- tion of this bill is intended to provide (4) REENRICHMENT.—The term ‘‘reenrich- cent of the United States’ domestic uranium Commerce Committee Members with ment’’ means increasing the weight percent supply for that year. the opportunity to ensure that needed of U–235 in uranium in order to make the (b) SUBSEQUENT PERIOD.—After the expira- baseline science is put in place, along uranium usable. tion of the 48 month period described in sub- with emergency response technology (5) SECRETARY.—The term ‘‘Secretary’’ section (a), the Secretary may not during and programs, to support improved off- means the Secretary of Energy. any calendar year sell an amount of uranium shore energy decisions in the future. I SEC. 3. REENRICHMENT CONTRACT. that exceeds 10 percent of the United States’ look forward to revising this bill fol- (a) IN GENERAL.— domestic uranium supply for that year, ex- (1) REQUIREMENT.—The Secretary shall cept to the extent that the Secretary deter- lowing introduction to reflect the enter into a contract with a qualified oper- mines that such sales will have no signifi- views of the Committee. ator for a 24 month pilot program for the re- cant effect on uranium markets. enrichment at an enrichment plant of the de- By Mr. AKAKA (for himself, Mr. pleted uranium described in section 2(3) that By Mr. ROCKEFELLER: INOUYE, and Mr. MENENDEZ): the Secretary finds economically viable. The S. 1140. A bill to provide for restora- S. 1141. A bill to exempt children of Secretary shall seek to maximize the finan- tion of the coastal areas of the Gulf of certain Filipino World War II veterans

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3449 from the numerical limitations on im- a half century, and my bill would re- move about the country or travel over- migrant visas and for other purposes; unite the Filipino veterans, now in seas remains unclear. Further, more to the Committee on the Judiciary. their 80s and 90s, with their children at than 2,000 other political prisoners re- Mr. AKAKA. Mr. President, I rise long last. main behind bars in Burma; they are today to speak about legislation that The Filipino veterans and their chil- no better off than before. Neither are would remove the obstacles preventing dren have been kept apart for far too the hundreds of thousands of refugees Filipino veterans of World War II from long, and I urge my colleagues to join and displaced persons who are without being united with their children, a sit- me in making their long-awaited re- a home due to the repressive policies of uation whose roots reach back almost union possible. the junta. eight decades. Finally, it is worth noting that there The Philippine Independence Act of By Mr. MCCONNELL (for himself, 1934 established the Philippines, a U.S. Mrs. FEINSTEIN Mr. MCCAIN, are growing national security factors possession since 1898, as a common- and Mr. DURBIN): that cause one to be even more reluc- wealth with certain powers over its in- S.J. Res. 17. A joint resolution ap- tant than ever to remove sanctions and ternal affairs but with sovereign power proving the renewal of import restric- reward bad behavior. The junta’s in- retained by the United States. The Act tions contained in the Burmese Free- creasingly close bilateral military rela- also established a ten-year timetable dom and Democracy Act of 2003; to the tionship with North Korea is a source for the commonwealth to achieve inde- Committee on Finance. of much concern in this vein. pendence from the United States. Mr. MCCONNELL. Mr. President, For all of these reasons, I believe the In early 1941, in the face of Japan’s today, I rise along with my colleagues, sanctions that are in place should re- military aggression in Asia, President Senators FEINSTEIN, MCCAIN and DUR- main until true democratic reform has Franklin D. Roosevelt invoked his au- BIN, to introduce renewal of sanctions been instituted. That is the position of thority, based on the retention of U.S. against the military junta in Burma. Suu Kyi herself and of the NLD. It is sovereign power over the Philippines to The casual observer could be excused also the position of the Obama admin- ‘‘call and order into the service of the for thinking that things have changed istration. In a State Department letter Armed Forces of the United States all for the better in Burma over the past dated April 27, the State Department of the organized military forces of the year. After all, elections were held last states that ‘‘in the absence of meaning- Government of the Commonwealth of fall, a ‘‘new’’ regime took office earlier ful reforms, the U.S. government the Philippines.’’ this year, Aung San Suu Kyi was freed should maintain its sanctions on In January of 1942, a month after it and the lead Burmese general Than Burma.’’ As Suu Kyi herself recently attacked Pearl Harbor, Japan invaded Shwe seemed to retire from political stated, ‘‘[s]o far’’ there hasn’t been the Philippines and occupied the com- life. However, in Burma as is so often ‘‘any meaningful change’’ since the No- monwealth until August 1945. the case, things are not what they vember elections. Two months later, in March of 1942, seem. And that is certainly the case We should not be fooled by the trans- Congress and President Roosevelt en- here. parent efforts of the regime. It is mere- acted the Second War Powers Act, First, the elections that were held in ly trying to get out from under the which included the Nationality Act of November took place without the ben- international cloud of sanctions, with- 1940 that authorized the naturalization efit of international election monitors. out making true changes in how it gov- of all aliens serving in the U.S. armed All reputable observers termed the erns itself, treats its people and inter- forces. elections not to be free or fair. This acts with the rest of the world. The 200,000 Filipinos that served in was in large part because the National the U.S. armed forces were critical to League for Democracy, NLD, Suu Kyi’s It is my hope that my colleagues will the Philippine resistance and to the is- party and the overwhelming winner of once again renew this bipartisan meas- land’s liberation in August 1945. Ap- the last free elections in the country in ure that in 2010 enjoyed the support of proximately 7,000 Filipinos who served 1990, was effectively banned by the 68 Senate cosponsors and was adopted outside the Philippines were natural- junta and could not participate in the 99–1. The bill is identical to last year’s ized pursuant to the Nationality Act of election. There were restrictions in that it does the following: continues 1940 while another 4,000 who served in- placed on how other political parties the ban on imports from Burma into side the Philippines were naturalized could form and campaign. No criticism the U.S., including products containing between the liberation of the Phil- of the junta could be voiced. And the rubies and jadeite; authorizes the freez- ippines in August 1945 and the expira- results were unsurprising: the regime’s ing of assets against a number of Bur- tion of the Act on December 31, 1946. handpicked candidates won big and the mese leaders; prevents the U.S. from In 1990, my distinguished colleague democratic opposition was largely side- supporting loans for Burma in inter- Senator DANIEL K. INOUYE was instru- lined. national financial institutions; pro- mental in enacting the Immigration Second, the new regime is essentially hibits the issuance of visas to junta of- Act of 1990. This law offered Filipino the junta with only the thinnest demo- ficials; and limits the use of cor- veterans who had not been naturalized cratic veneer pulled over it. The Con- respondent accounts that may facili- pursuant to the Nationality Act of 1940, stitution, which places great power in tate services for the regime’s leaders. the opportunity to obtain U.S. citizen- the military as it is, cannot be amend- These measures would remain in place ship. ed without the blessing of the armed until the regime undertakes meaning- Of the Filipino veterans who were forces. Those in parliament are limited ful steps toward democratization and naturalized for their service in the U.S. in how they can criticize the regime. reconciliation. armed forces, many chose to become Moreover, sitting atop these new insti- Mr. President, I ask unanimous con- U.S. residents. Because the offer of nat- tutions is rumored to be a shadowy sent that the text of the joint resolu- uralization did not extend to their chil- panel known as the State Supreme tion and a letter of support be printed dren, these men filed permanent resi- Council, which is nowhere mentioned in the RECORD. dent status petitions for their children in the Constitution, and which is led who remained in the Philippines. by, you guessed it, the military. There being no objection, the mate- Sadly, those children, now adults, have The only legitimately good news of rial was ordered to be printed in the languished on the visa waiting list for late was the freeing of Suu Kyi. I was RECORD, as follows: decades because of backlogs and visa fortunate enough to be able to speak S.J. RES. 17 limits. with her for the first time earlier this My bill, the Filipino Veterans Fam- year. Yet, the extent of her freedom re- Resolved by the Senate and House of Rep- ily Reunification Act of 2011, would ex- mains open to question. She was, of resentatives of the United States of America in Congress assembled, That Congress approves empt the children in question from the course, freed only following the sham the renewal of the import restrictions con- numerical limitation on visas. Family election. She and her party have also tained in section 3(a)(1) and section 3A(b)(1) unification has been the centerpiece of been publicly threatened by the re- and (c)(1) of the Burmese Freedom and De- U.S. Immigration policy for more than gime; thus, the extent to which she can mocracy Act of 2003.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3450 CONGRESSIONAL RECORD — SENATE May 26, 2011 U.S. DEPARTMENT OF STATE, The regime’s intent was clear: keep As called for in the original Burmese Washington, DC, April 22, 2011. the voice of the true leader of Burma Freedom and Democracy Act, we must Hon. MITCH MCCONNELL, silent long enough until they could so- stand by the people of Burma and keep U.S. Senate, lidify their grip on power using the the pressure on the military regime to Washington, DC. DEAR SENATOR MCCONNELL: Thank you for false veneer of a democratic process. end violations of internationally recog- your letter of March 29 regarding sanctions Neither I, the people of Burma, nor nized human rights; release all polit- and the nomination of a Special Representa- the international community were ical prisoners; allow freedom of speech tive and Policy Coordinator for Burma. fooled. and press; allow freedom of association; On April 14, President Obama nominated We all know that the last truly free permit the peaceful exercise of reli- Derek Mitchell as the Special Representa- parliamentary elections were over- gion; and bring to a conclusion an tive and Policy Coordinator for Burma. Cur- rently serving as the Defense Department’s whelmingly won by Suu Kyi and her agreement between the military re- Principal Deputy Assistant Secretary for De- National League for Democracy in 1990 gime and the National League for De- fense for Asian and Pacific Security Affairs, but annulled by the military junta. mocracy and Burma’s ethnic minori- Derek Mitchell has both the regional exper- This new constitution was drafted in ties on the restoration of a democratic tise and diplomatic acumen to successfully secret and without the input of the government. enhance our coordination of Burma policy. democratic opposition led by Suu Kyi Until the regime changes its behavior We will be submitting his nomination short- and her National League for Democ- and embraces positive, democratic ly for your advice and consent. racy. As you note, Burma’s elections were nei- change, we have no choice but to press ther free nor fair and the regime continues It set aside 25 percent of the seats in on with the import ban as a part of a its repressive policies and human rights the new 440 seat House of Representa- strong sanctions regime. tives for the military. abuses. We agree with you and the National This also includes tough banking This would be in addition to the seats League for Democracy’s conclusions that, in sanctions. the absence of meaningful reforms, the U.S. won by the ‘‘Union Solidarity and De- government should maintain its sanctions on velopment Party’’ founded by the mili- I would like to take this opportunity Burma. We look forward to soon having Mr. tary junta’s Prime Minister Thein Sein to once again urge the administration Mitchell as the Special Representative in and 22 of his fellow cabinet members to put additional pressure on the ruling place to coordinate multilateral sanctions as who resigned from the army to form military junta by exercising the au- called for by Section 7 of the Tom Lantos the ‘‘civilian’’ political party. thority for additional banking sanc- Block JADE (Junta’s Anti-Democratic Ef- tions on its leaders and followers as forts) Act. It barred Suu Kyi from running in We hope this information is helpful. Please the parliamentary elections. mandated by section 5 of the Tom Lan- do not hesitate to contact us if we can be of And it forced the National League for tos Block Burmese Junta’s Anti-Demo- further assistance on this or any other mat- Democracy to shut its doors because it cratic Efforts Act. ter. would not kick Suu Kyi out of the Some of my colleagues may be con- Sincerely, party. cerned about the effectiveness of the JOSEPH E. MACMANUS, It should come as no surprise that import ban and other sanctions on Acting Assistant Secretary, Legislative Affairs. the military backed party won nearly Burma and the impact on the people of Burma. Mrs. FEINSTEIN. Mr. President, I 80 percent of the seats in the new par- rise again today with my friend and liament. I understand their concerns. I am dis- In addition to preventing Suu Kyi colleague from Kentucky, Senator appointed that we have not seen more and the National League for Democ- MCCONNELL, to submit the joint resolu- progress towards freedom and democ- racy from competing in the elections, tion to renew the import ban on Burma racy in Burma. the regime ensured that no inter- for another year. But let us listen to the voice of the We are proud to be joined in this ef- national monitors would oversee the democratic opposition in Burma about fort by two champions for democracy, elections and journalists would be pro- the sanctions policy of the United human rights, and the rule of law in hibited from covering the election from States and the international commu- inside Burma. Burma, Senators MCCAIN and DURBIN, nity. President Obama correctly stated and we look forward to swift action by A paper released by Aung San Suu that the elections ‘‘were neither free the Congress and the President on this Kyi and the National League for De- nor fair, and failed to meet any of the important matter. mocracy argues that these sanctions internationally accepted standards as- Congressman JOSEPH CROWLEY and are not targeted at the general popu- sociated with legitimate elections.’’ Congressman PETER KING are intro- lation and are not to blame for the eco- The National League for Democracy ducing this resolution in the House and nomic ills of the country. described the elections and the forma- I appreciate their leadership and sup- Rather, the economy suffers due to port. tion of a new government as reducing ‘‘democratization in Burma to a par- mismanagement, cronyism, corruption Since we last debated the import ban and the lack of the rule of law. on the Senate floor, we have received ody.’’ The best way for the Burmese gov- one bit of good news, but also, sadly, Indeed, the new parliament elected ernment to get the sanctions lifted, the more confirmation on the urgent need Thein Sein, the last prime minister of paper argues, is to make progress on to keep the pressure on the ruling mili- the junta’s State Peace and Develop- democracy, human rights, and the rule tary regime. ment Council, as Burma’s new presi- On November 13, 2010, Nobel Peace dent. of law. Prize laureate and leader of the demo- He is reported to be heavily influ- It concludes: cratic opposition, Aung San Suu Kyi, enced by Burma’s senior military lead- Now more than ever there is an urgent was released from house arrest. er and former head of state, General need to call for an all inclusive political While her latest detention lasted Than Shwe. process. The participation of a broad spec- more than 71⁄2 years, she had spent the So, the names change—the State Law trum of political forces is essential to the better part of the past 20 years in pris- and Order Restoration Council, the achievement of national reconciliation in on or under house arrest. State Peace and Development Council, Burma. Progress in the democratization Her release was wonderful news for the Union Solidarity and Development process, firmly grounded in national rec- onciliation, and the release of political pris- those of us who have been inspired by Party—but the faces, and the lack of oners should be central to any consideration her courage, her dedication to peace democracy, human rights, and the rule of changes in sanctions policies. and her tireless efforts for freedom and of law, remain the same. democracy for the people of Burma. So, while we celebrate the release of I agree. Yet our joy was tempered by the fact Aung San Suu Kyi, we recognize that So, let us once again do our part and that her release came just days after Burma is not yet free and the regime stand in solidarity with Aung San Suu fraudulent and illegitimate elections has failed to take the necessary actions Kyi and the people of Burma. for a new parliament based on a sham which allow for the import ban to be I urge my colleagues to support this constitution. lifted. important legislation.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3451 SUBMITTED RESOLUTIONS Mink, the first Asian-American Congress- (2) encourages the celebration during woman, and Norman Y. Mineta, the first Asian/Pacific American Heritage Month of Asian-American member of a presidential the significant contributions Asian-Ameri- SENATE RESOLUTION 200—RECOG- cabinet, have made significant strides in the cans and Pacific Islanders have made to the NIZING THE SIGNIFICANCE OF political and military realms; United States; and THE DESIGNATION OF THE Whereas the Presidential Cabinet of the (3) recognizes that the Asian-American and Obama Administration includes a record 3 Pacific Islander community strengthens and MONTH OF MAY AS ASIAN/PA- Asian-Americans, including Secretary of En- enhances the rich diversity of the United CIFIC AMERICAN HERITAGE ergy Steven Chu, Secretary of Commerce States. MONTH Gary Locke, and Secretary of Veterans Af- f Mr. AKAKA (for himself, Mr. INOUYE, fairs Eric Shinseki; Whereas in 2011, the Congressional Asian SENATE RESOLUTION 201—EX- Mrs. MURRAY, Mrs. FEINSTEIN, and Mr. Pacific American Caucus, a bicameral cau- PRESSING THE REGRET OF THE REID of Nevada) submitted the fol- cus of Members of Congress advocating on SENATE FOR THE PASSAGE OF lowing resolution; which was referred behalf of Asian-Americans and Pacific Is- DISCRIMINATORY LAWS to the Committee on the Judiciary: landers, includes 30 Members of Congress; AGAINST THE CHINESE IN AMER- S. RES. 200 Whereas Asian-Americans and Pacific Is- ICA, INCLUDING THE CHINESE Whereas each May, the people of the landers have made history by assuming of- EXCLUSION ACT fice in a number of new and historically sig- United States join together to pay tribute to Mr. BROWN of Massachusetts (for the contributions of the generations of nificant positions, including Nikki Haley, Asian-Americans and Pacific Islanders who the first Asian-American and first female himself, Mrs. FEINSTEIN, Mr. HATCH, have enriched the history of the United Governor of the State of South Carolina, Mrs. MURRAY, Mr. CARDIN, Mr. RUBIO, States; Edwin M. Lee, the first Asian-American and Mr. AKAKA) submitted the fol- Whereas the history of Asian-Americans Mayor of San Francisco, California, and Jean lowing resolution; which was referred and Pacific Islanders in the United States is Quan, the first Asian-American and first to the Committee on the Judiciary: woman to serve as Mayor of Oakland, Cali- inextricably tied to the history of the United S. RES. 201 fornia; States; Whereas many Chinese came to the United Whereas as of 2011, according to the United Whereas as of the date of approval of this resolution, Asian-American and Pacific Is- States in the 19th and 20th centuries, as did States Census Bureau, the Asian-American people from other countries, in search of the and Pacific Islander community is 1 of the lander leaders are serving in State legisla- tures across the United States in record opportunity to create a better life for them- fastest growing and most diverse populations selves and their families; in the United States and is comprised of numbers, including in the States of Alaska, Arizona, California, Connecticut, Georgia, Whereas the contributions of persons of more than 45 distinct ethnicities and more Chinese descent in the agriculture, mining, than 28 language groups; Hawaii, Idaho, Iowa, Maryland, New Jersey, New York, Ohio, Pennsylvania, Texas, Vir- manufacturing, construction, fishing, and Whereas the 2010 United States Census es- canning industries were critical to estab- timates that there are— ginia, Utah, and Washington; Whereas Asian-Americans and Pacific Is- lishing the foundations for economic growth (1) 17,300,000 United States residents who in the Nation, particularly in the western identify themselves as Asian alone or in landers have risen to some of the highest staff levels in the Obama Administration, in- United States; combination with 1 or more other races; and Whereas United States industrialists re- (2) 1,200,000 United States residents who cluding Pete Rouse, who is the first Asian- American to serve as White House Chief of cruited thousands of Chinese workers to as- identify themselves as Native Hawaiian and sist in the construction of the Nation’s first other Pacific Islander alone or in combina- Staff, Tina Tchen, Chief of Staff to First Lady Michelle Obama, Chris Lu, White major national transportation infrastruc- tion with 1 or more other races; ture, the Transcontinental Railroad; Whereas the United States Census Bureau House Cabinet Secretary, Neal Katyal, Act- ing Solicitor General of the United States, Whereas Chinese laborers, who made up projects that by the year 2050— the majority of the western portion of the (1) there will be 40,600,000 United States Rajiv Shah, Administrator of the United States Agency for International Develop- railroad workforce, faced grueling hours and residents identifying themselves as Asian extremely harsh conditions in order to lay alone or in combination with 1 or more other ment, L. Tammy Duckworth, Assistant Sec- retary for Public and Intergovernmental Af- hundreds of miles of track and were paid sub- races, comprising 9 percent of the total popu- standard wages; lation of the United States; and fairs of the Department of Veterans Affairs, Anthony M. Babauta, Assistant Secretary Whereas without the tremendous efforts (2) there will be 2,600,000 United States and technical contributions of these Chinese residents identifying themselves as Native for Insular Areas of the Department of Inte- rior, and many others; immigrants, the completion of this vital na- Hawaiian and other Pacific Islander alone or tional infrastructure would have been seri- as Native Hawaiian and other Pacific Is- Whereas the commitment of the United States to judicial diversity has been dem- ously impeded; lander in combination with 1 or more other Whereas from the middle of the 19th cen- races, comprising 0.6 percent of the total onstrated through the nomination of high caliber Asian-Americans and other minority tury through the early 20th century, Chinese population of the United States; immigrants faced racial ostracism and vio- Whereas the month of May was selected for jurists at all levels of the Federal bench; Whereas significant outreach efforts to the lent assaults, including— Asian/Pacific American Heritage Month due (1) the 1887 Snake River Massacre in Or- Asian-American and Pacific Islander com- to the facts that on May 7, 1843, the first egon, at which 31 Chinese miners were killed; Japanese immigrants arrived in the United munity have been made through the reestab- and States, and on May 10, 1869, the first trans- lishment of the White House Initiative on (2) numerous other incidents, including at- continental railroad was completed, with Asian-Americans and Pacific Islanders to co- tacks on Chinese immigrants in Rock substantial contributions from Chinese im- ordinate multiagency efforts to ensure more Springs, San Francisco, Tacoma, and Los migrants; accurate data collection and access to serv- Angeles; Whereas Asian-Americans and Pacific Is- ices for the community; Whereas the United States instigated the landers have faced injustices throughout the Whereas even with the exceptional mile- negotiation of the Burlingame Treaty, rati- history of the United States, including the stones achieved by the Asian-American and fied by the Senate on October 19, 1868, which Act of May 5, 1892 (27 Stat. 25, chapter 60) Pacific Islander community, there remains permitted the free movement of the Chinese (commonly known as the ‘‘Geary Act’’ or the much to be done to ensure that linguistically people to, from, and within the United ‘‘Chinese Exclusion Act’’), the internment of and culturally isolated Asian-Americans and States and accorded to China the status of Japanese-Americans during World War II, Pacific Islanders have access to resources, a ‘‘most favored nation’’; unpunished hate crimes, such as the murder voice in the Federal Government, and con- Whereas before consenting to the ratifica- of Vincent Chin, and other events; tinue to advance in the political landscape of tion of the Burlingame Treaty, the Senate Whereas section 102 of title 36, United the United States; and required that the Treaty would not permit States Code, officially designates May as Whereas celebrating Asian/Pacific Amer- Chinese immigrants in the United States to Asian/Pacific American Heritage Month and ican Heritage Month provides the people of be naturalized United States citizens; requests the President to issue an annual the United States with an opportunity to Whereas on July 14, 1870, Congress ap- proclamation calling on the people of the recognize the achievements, contributions, proved An Act to Amend the Naturalization United States to observe the month with ap- and history of Asian-Americans and Pacific Laws and to Punish Crimes against the propriate programs, ceremonies, and activi- Islanders and to appreciate the challenges Same, and for other Purposes, and during ties; faced by Asian-Americans and Pacific Island- consideration of such Act, the Senate ex- Whereas Asian-Americans and Pacific Is- ers: Now, therefore, be it pressly rejected an amendment to allow Chi- landers, such as Yuri Kochiyama, a civil Resolved, That the Senate— nese immigrants to naturalize; rights activist, Herbert Pililaau, recipient of (1) recognizes the significance of the des- Whereas Chinese immigrants were subject the Medal of Honor, Dalip Singh Saund, the ignation of the month of May as Asian/Pa- to the overzealous implementation of the first Asian-American Congressman, Patsy T. cific American Heritage Month; Page Act of 1875 (18 Stat. 477), which—

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3452 CONGRESSIONAL RECORD — SENATE May 26, 2011 (1) ostensibly barred the importation of (4) the United States ‘‘is under God a coun- (1) unworthy of American citizenship; women from ‘‘China, Japan, or any Oriental try of Caucasians, a country of white men, a (2) incapable of assimilation into American country’’ for purposes of prostitution; country to be governed by white men’’; society; and (2) was disproportionately enforced against Whereas, on July 3, 1884, notwithstanding (3) dangerous to the political and social in- Chinese women, effectively preventing the United States treaty obligations with China tegrity of the United States; formation of Chinese families in the United and other nations, Congress broadened the Whereas the express discrimination in States and limiting the number of native- scope of the Chinese Exclusion Act— these Federal statutes politically and ra- born Chinese citizens; (1) to apply to all persons of Chinese de- cially stigmatized Chinese immigration into Whereas, on February 15, 1879, the Senate scent, ‘‘whether subjects of China or any the United States, enshrining in law the ex- passed ‘‘the Fifteen Passenger Bill,’’ which other foreign power’’; and clusion of the Chinese from the political would have limited the number of Chinese (2) to provide more stringent requirements process and the promise of American free- passengers permitted on any ship coming to restricting Chinese immigration; dom; the United States to 15, with proponents of Whereas, on October 1, 1888, the Scott Act Whereas wartime enemy forces used the the bill expressing that the Chinese were ‘‘an was enacted into law, which— anti-Chinese legislation passed in Congress indigestible element in our midst . . . with- (1) prohibited all Chinese laborers who as evidence of American racism against the out any adaptability to become citizens’’; would choose or had chosen to leave the Chinese, attempting to undermine the Chi- Whereas, on March 1, 1879, President Hayes United States from reentering; nese-American alliance and allied military vetoed the Fifteen Passenger Bill as being (2) cancelled all previously-issued ‘‘certifi- efforts; incompatible with the Burlingame Treaty, cates of return,’’ which prevented approxi- Whereas, in 1943, at the urging of President which declared that ‘‘Chinese subjects vis- mately 20,000 Chinese laborers abroad, in- Franklin D. Roosevelt, and over 60 years iting or residing in the United States, shall cluding 600 individuals who were en route to after the enactment of the first discrimina- enjoy the same privileges . . . in respect to the United States, from returning to their tory laws against Chinese immigrants, Con- travel or residence, as may there be enjoyed families or their homes; and gress— by the citizens and subjects of the most fa- (3) was later determined by the Supreme (1) repealed previously-enacted anti-Chi- vored nation’’; Court to have abrogated the Angell Treaty; nese legislation; and Whereas in the aftermath of the veto of the Whereas, on May 5, 1892, the Geary Act was (2) permitted Chinese immigrants to be- Fifteen Passenger Bill, President Hayes ini- enacted into law, which— come naturalized United States citizens; (1) extended the Chinese Exclusion Act for tiated the renegotiation of the Burlingame Whereas, despite facing decades of system- 10 years; Treaty, requesting that the Chinese govern- atic, pervasive, and sustained discrimina- (2) required all Chinese persons in the ment consent to restrictions on the immi- tion, Chinese immigrants and Chinese-Amer- United States, but no other race of people, to gration of Chinese persons to the United icans persevered and have continued to play register with the Federal Government in States; a significant role in the growth and success order to obtain ‘‘certificates of residence’’; Whereas these negotiations culminated in of the United States; and the Angell Treaty, ratified by the Senate on (3) denied Chinese immigrants the right to Whereas 6 decades of Federal legislation May 9, 1881, which— be released on bail upon application for a deliberately targeting Chinese by race— (1) allowed the United States to suspend, writ of habeas corpus; (1) restricted the capacity of generations of but not to prohibit, the immigration of Chi- Whereas, on an explicitly racial basis, the individuals and families to openly pursue the nese laborers; Geary Act deemed the testimony of Chinese American dream without fear; and (2) declared that ‘‘Chinese laborers who are (2) fostered an atmosphere of racial dis- persons, including American citizens of Chi- now in the United States shall be allowed to crimination that deeply prejudiced the civil nese descent, per se insufficient to establish go and come of their own free will’’; and rights of Chinese immigrants; the residency of a Chinese person subject to (3) reaffirmed that Chinese persons pos- Whereas diversity is one of our Nation’s deportation, mandating that such residence sessed ‘‘all the rights, privileges, immuni- greatest strengths, and, while this Nation be established through the testimony of ‘‘at ties, and exemptions which are accorded to was founded on the principle that all persons least one credible white witness’’; the citizens and subjects of the most favored are created equal, the laws enacted by Con- Whereas, in the 1894 Gresham-Yang Treaty, nation’’; gress in the late 19th and early 20th cen- the Chinese government consented to a pro- Whereas, on March 9, 1882, the Senate turies that restricted the political and civil hibition of Chinese immigration and the en- passed the first Chinese Exclusion Act, rights of persons of Chinese descent violated forcement of the Geary Act in exchange for which purported to implement the Angell that principle; the readmission of previous Chinese resi- Treaty but instead excluded for 20 years both Whereas although an acknowledgment of dents; skilled and unskilled Chinese laborers, re- the Senate’s actions that contributed to dis- jected an amendment that would have per- Whereas in 1898, the United States— (1) annexed Hawaii; crimination against persons of Chinese de- mitted the naturalization of Chinese persons, scent will not erase the past, such an expres- and instead expressly denied Chinese persons (2) took control of the Philippines; and (3) excluded thousands of racially Chinese sion will acknowledge and illuminate the in- the right to be naturalized as American citi- justices in our national experience and help zens; residents of Hawaii and of the Philippines from entering the United States mainland; to build a better and stronger Nation; Whereas, on April 4, 1882, President Ches- Whereas the Senate recognizes the impor- ter A. Arthur vetoed the first Chinese Exclu- Whereas on April 29, 1902, Congress— (1) indefinitely extended all laws regu- tance of addressing this unique framework of sion Act as being incompatible with the lating and restricting Chinese immigration discriminatory laws in order to educate the terms and spirit of the Angell Treaty; and residence; and public and future generations regarding the Whereas, on May 6, 1882, Congress passed (2) expressly applied such laws to United impact of these laws on Chinese and other the second Chinese Exclusion Act, which— States insular territories, including the Phil- Asian persons and their implications to all (1) prohibited skilled and unskilled Chinese ippines; Americans; and laborers from entering the United States for Whereas in 1904, after the Chinese govern- 10 years; Whereas the Senate deeply regrets the en- (2) was the first Federal law that excluded ment exercised its unilateral right to with- actment of the Chinese Exclusion Act and re- a single group of people on the basis of race; draw from the Gresham-Yang Treaty, Con- lated discriminatory laws that— and gress permanently extended, ‘‘without modi- (1) resulted in the persecution and political (3) required certain Chinese laborers al- fication, limitation, or condition’’, all re- alienation of persons of Chinese descent; ready legally present in the United States strictions on Chinese immigration and natu- (2) unfairly limited their civil rights; who later wished to reenter to obtain ‘‘cer- ralization, making the Chinese the only ra- (3) legitimized racial discrimination; and tificates of return’’, an unprecedented re- cial group explicitly singled out for immi- (4) induced trauma that persists within the quirement that applied only to Chinese resi- gration exclusion and permanently ineligible Chinese community: Now, therefore, be it dents; for American citizenship; Resolved, That the Senate— Whereas, in response to reports that courts Whereas between 1910 and 1940, the Angel (1) acknowledges that this framework of were bestowing United States citizenship on Island Immigration Station implemented the anti-Chinese legislation, including the Chi- persons of Chinese descent, the Chinese Ex- Chinese exclusion laws by— nese Exclusion Act, is incompatible with the clusion Act of 1882 explicitly prohibited all (1) confining Chinese persons for up to basic founding principles recognized in the State and Federal courts from naturalizing nearly 2 years; Declaration of Independence that all persons Chinese persons; (2) interrogating Chinese persons; and are created equal; Whereas the Chinese Exclusion Act of 1882 (3) providing a model for similar immigra- (2) acknowledges that this pattern of anti- underscored the belief of some Senators at tion stations at other locations on the Pa- Chinese legislation, including the Chinese that time that— cific coast and in Hawaii; Exclusion Act, is incompatible with the spir- (1) the Chinese people were unfit to be nat- Whereas each of the congressional debates it of the United States Constitution; uralized; concerning issues of Chinese civil rights, (3) deeply regrets passing 6 decades of leg- (2) the social characteristics of the Chinese naturalization, and immigration involved in- islation directly targeting the Chinese peo- were ‘‘revolting’’; tensely racial rhetoric, with many Members ple for physical and political exclusion and (3) Chinese immigrants were ‘‘like of Congress claiming that all persons of Chi- the wrongs committed against Chinese and parasites’’; and nese descent were— American citizens of Chinese descent who

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3453 suffered under these discriminatory laws; they were separated from family mem- (2) urges the Secretary of Veterans Affairs and bers, subjected to embarrassing med- and the Secretary of Defense to continue (4) reaffirms its commitment to preserving ical examinations and grueling interro- working to educate servicemembers, vet- the same civil rights and constitutional pro- gations, and detained for months or erans, the families of servicemembers and tections for people of Chinese or other Asian sometimes years. veterans, and the public about the causes, descent in the United States accorded to all symptoms, and treatment of post-traumatic others, regardless of their race or ethnicity. Despite these hardships, Chinese im- stress disorder; and migrants persevered, and they continue (3) respectfully requests that the Secretary Mrs. FEINSTEIN. Mr. President, I to make invaluable contributions to rise today to join my colleague, Sen- of the Senate transmit a copy of this resolu- the development and success of our Na- tion to the Secretary of Veterans Affairs and ator SCOTT BROWN, in submitting a res- tion. The enactment of Chinese exclu- the Secretary of Defense. olution that expresses the regret of the sionary laws is a shameful part of our Mr. CONRAD. Mr. President, today I U.S. Senate for the passage of discrimi- history that must not be forgotten. It natory laws against Chinese immi- am introducing for the second year in a is my hope that this resolution will row a Senate resolution to designate grants. These laws are no longer in ef- serve to enlighten those who may not fect today. However, I believe it is im- June 27 as National Post-Traumatic be aware of this regrettable chapter in Stress Disorder Awareness Day. That portant for Congress to express regret our Nation’s history. In addition, I for the many injustices that were expe- date was inspired by the birthday of hope the resolution will help heal and North Dakota National Guard Staff rienced by Chinese immigrants as a re- bring some closure for those who lived sult of these policies, and for all of us Sergeant Joe Biel. Staff Sergeant Biel through this difficult time and are still served two tours of duty in Iraq as a as Americans to learn from this dif- with us today. ficult chapter in our Nation’s past. Trailblazer, part of a unit responsible I urge my colleagues to support this for route clearance operations. Each Let me begin by offering a brief his- bipartisan resolution. tory of the Chinese Exclusion Act. In day, Joe’s mission was to go out with f the 1870s, an economic downturn cre- his unit to find and remove Improvised ated political pressure to slow the SENATE RESOLUTION 202—DESIG- Explosive Devices and other dangers growing population of Chinese immi- NATING JUNE 27, 2011, AS ‘‘NA- from heavily traveled roads to make it grants who were coming to the United TIONAL POST-TRAUMATIC safe for coalition forces and Iraqi civil- States to pursue a better way of life. In STRESS DISORDER AWARENESS ians to travel. As a result of those ex- California, State laws and local ordi- DAY’’ periences, Joe suffered from PTSD and, nances were enacted that denied the Mr. CONRAD (for himself, Mr. LEVIN, tragically, took his own life in April Chinese basic rights and privileges Mr. ROCKEFELLER, and Mr. DURBIN) 2007. There is absolutely no doubt that such as the right to own land and the submitted the following resolution; Joe Biel is a hero who gave his life for ability to access public schools. which was referred to the Committee our country. At the urging of some California law- on the Judiciary: I learned of Joe’s story because makers, the U.S. Congress subse- S. RES. 202 friends from his platoon, the 4th Pla- toon, A Company, of the North Dakota quently passed laws that further denied Whereas the brave men and women of the the rights of Chinese immigrants. The United States Armed Forces, who proudly National Guard’s 164th Combat Engi- harshest of those measures was the serve the United States, risk their lives to neer Battalion, have organized an an- Chinese Exclusion Act of 1882 that ex- protect the freedom of the United States and nual motorcycle ride across the state plicitly prohibited all State and Fed- deserve the investment of every reasonable of North Dakota in his memory. The eral courts from naturalizing Chinese resource to ensure their lasting physical, Joe Biel Memorial Ride serves as a re- persons. This legislation was the first mental, and emotional well-being; union for the 164th, a memorial for a Whereas 2.4 percent of servicemembers re- lost friend, and a beacon to those suf- federal law ever enacted to exclude a turning from deployment to Operation En- group of immigrants solely on the basis during Freedom or Operation Iraqi Freedom fering from PTSD and other mental of race or nationality. are clinically diagnosed with post-traumatic issues across the region. The key point The Chinese Exclusion Act was fol- stress disorder (referred to in this preamble made to me by the event’s organizer, lowed by the passage of the Geary Act as ‘‘PTSD’’) and up to 17 percent of Oper- Staff Sergeant Matt Leaf, is that we in 1892, which extended the Chinese Ex- ation Enduring Freedom and Operation Iraqi have to raise awareness of this disease clusion Act for 10 years and required Freedom veterans exposed to sustained so that the lives of servicemembers, ground combat report PTSD symptoms; veterans, and other PTSD sufferers can all Chinese persons in the United Whereas up to 10 percent of Operation States to register with the Federal Desert Storm veterans, 30 percent of Viet- be saved by greater awareness of and Government to obtain certificates of nam veterans, and 8 percent of the general treatment for this disorder. residence to prove their right to be in population of the United States suffer or For many, the war does not end when the U.S. have suffered from PTSD; the warrior comes home. All too many In order to fully understand this Na- Whereas the Department of Veterans Af- servicemembers and veterans face tion’s deep-rooted hostility toward the fairs reports that more than 438,000 veterans PTSD symptoms like anxiety, anger, Chinese during this time period, it is were treated for PTSD in 2010 alone; and depression as they try to adjust to important to contrast the U.S. Govern- Whereas many cases of PTSD remain unre- life after war. We cannot sweep these ported, undiagnosed, and untreated due to a problems under the rug. PTSD is real. ment’s vastly different treatment of lack of awareness about PTSD and the per- European immigrants who entered the sistent stigma associated with mental health The Department of Defense and the De- United States through Ellis Island. Eu- issues; partment of Veterans Affairs have ropean immigrants were not subjected Whereas PTSD significantly increases the made significant advances in the pre- to the same burdensome and risk of depression, suicide, and drug- and al- vention, diagnosis, and treatment of humiliating screening requirements as cohol-related disorders and deaths, espe- PTSD and its symptoms, but many the Chinese. cially if left untreated; challenges remain. More must be done Most are familiar with the stories of Whereas the Departments of Defense and to inform and educate veterans, fami- those coming to Ellis Island and seeing Veterans Affairs have made significant ad- lies and communities on the facts vances in the prevention, diagnosis, and the Statute of Liberty in New York treatment of PTSD and the symptoms of about this illness and the resources and Harbor. However, often forgotten are PTSD, but many challenges remain; and treatments available. the experiences of Chinese immigrants Whereas the establishment of a National That is why SSG Leaf and his fellow who made it to America by way of Post-Traumatic Stress Disorder Awareness Trailblazers started the Joe Biel Me- Angel Island in California. Day will raise public awareness about issues morial Bike Ride. That is why I began In 1910, the U.S. Government opened related to PTSD and help ensure that those the effort to create a National PTSD the Angel Island Immigration Station suffering from the invisible wounds of war Awareness Day last year. It is why I as a way to isolate Chinese immigrants receive proper treatment: Now, therefore, be am introducing this Resolution once it from the city of San Francisco and the Resolved, That the Senate— again. Actions like this may not seem remainder of the bay area in northern (1) designates June 27, 2011, as ‘‘National that important to some, but they are. California. These immigrants were Post-Traumatic Stress Disorder Awareness They garner attention, raise aware- brought to Angel Island Station where Day’’; ness, and help to eliminate the stigma

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3454 CONGRESSIONAL RECORD — SENATE May 26, 2011 surrounding mental health issues. Whereas the number of youth who ‘‘age Whereas 4.8 percent of all households in These efforts are about letting our out’’ of foster care has steadily increased for the United States (approximately 5,600,000 troops, past and present, know it is the past decade; households) have accessed emergency food okay to come forward and say they Whereas children who ‘‘age out’’ of foster from a food pantry 1 or more times; care lack the security or support of a bio- Whereas the report entitled ‘‘Household need help. It’s a sign of strength, not logical or adoptive family and frequently Food Security in the United States, 2009’’ weakness, to seek assistance. It is my struggle to secure affordable housing, obtain and published by the Economic Research hope that this message will be heard. health insurance, pursue higher education, Service of the Department of Agriculture In the words of SSG Leaf, ‘‘maybe if we and acquire adequate employment; found that in 2009, the most recent year for all take a minute to listen, we can stop Whereas on average, 8.5 percent of the posi- which data exist— one more tragedy from ever happening tions in child protective services remain va- (1) 14.7 percent of all households in the again.’’ cant; United States experienced food insecurity at Whereas due to heavy caseloads and lim- some point during the year; f ited resources, the average tenure for a (2) 21.3 percent of all households with chil- worker in child protection services is just 3 dren in the United States experienced food SENATE RESOLUTION 203—RECOG- years; insecurity at some point during the year; Whereas States, localities, and commu- and NIZING ‘‘NATIONAL FOSTER (3) 7.5 percent of all households with elder- CARE MONTH’’ AS AN OPPOR- nities should be encouraged to invest re- sources in preventative and reunification ly individuals in the United States experi- TUNITY TO RAISE AWARENESS services and post-permanency programs to enced food insecurity at some point during ABOUT THE CHALLENGES OF ensure that more children in foster care are the year; CHILDREN IN THE FOSTER CARE provided with safe, loving, and permanent Whereas the problem of hunger and food SYSTEM, AND ENCOURAGING placements; insecurity can be found in rural, suburban, CONGRESS TO IMPLEMENT POL- Whereas the Fostering Connections to Suc- and urban portions of the United States, ICY TO IMPROVE THE LIVES OF cess and Increasing Adoptions Act of 2008 touching nearly every community of the (Public Law 110–351; 122 Stat. 3949) provides United States; CHILDREN IN THE FOSTER CARE Whereas, although substantial progress has SYSTEM for new investments and services to improve the outcomes of children and families in the been made in reducing the incidence of hun- Ms. LANDRIEU (for herself, Mr. foster care system; and ger and food insecurity in the United States, GRASSLEY, Mrs. GILLIBRAND, Mr. Whereas much remains to be done to en- many Americans remain vulnerable to hun- ger and the negative effects of food insecu- FRANKEN, Mr. CARDIN, Mr. BEGICH, Mr. sure that all children have a safe, loving, rity; AKAKA, Mr. COCHRAN, Ms. COLLINS, Mr. nurturing, and permanent family, regardless of age or special needs: Now, therefore, be it Whereas the people of the United States LEVIN, Mr. NELSON of Nebraska, Mr. Resolved, That the Senate— have a long tradition of providing food as- LAUTENBERG, Mrs. MURRAY, Mr. KERRY, (1) recognizes ‘‘National Foster Care sistance to hungry individuals through acts Mr. INHOFE, Ms. SNOWE, and Mr. CASEY) Month’’ as an opportunity to raise awareness of private generosity and public support pro- submitted the following resolution; about the challenges that children in the fos- grams; which was considered and agreed to: ter care system face; Whereas the Federal Government provides nutritional support to millions of individuals S. RES. 203 (2) encourages Congress to implement pol- icy to improve the lives of children in the through numerous Federal food assistance Whereas ‘‘National Foster Care Month’’ foster care system; programs, including— was established more than 20 years ago to (3) supports the designation of May as ‘‘Na- (1) the supplemental nutrition assistance bring foster care issues to the forefront, to tional Foster Care Month’’; program established under the Food and Nu- highlight the importance of permanency for (4) acknowledges the special needs of chil- trition Act of 2008 (7 U.S.C. 2011 et seq.); every child, and to recognize the essential (2) the child nutrition program established dren in the foster care system; role that foster parents, social workers, and under the Richard B. Russell National (5) honors the commitment and dedication advocates have in the lives of children in fos- School Lunch Act (42 U.S.C. 1751 et seq.); of the individuals who work tirelessly to pro- ter care throughout the United States; (3) the special supplemental nutrition pro- vide assistance and services to children in Whereas all children deserve a safe, loving, gram for women, infants, and children estab- the foster care system; and and permanent home; lished by section 17 of the Child Nutrition (6) reaffirms the need to continue working Whereas the primary goal of the foster Act of 1966 (42 U.S.C. 1786); to improve the outcomes of all children in care system is to ensure the safety and well- (4) the emergency food assistance program the foster care system through title IV of being of children while working to provide a established under the Emergency Food As- the Social Security Act (42 U.S.C. 601 et seq.) safe, loving, and permanent home for each sistance Act of 1983 (7 U.S.C. 7501 et seq.); and other programs designed to help children child; and in the foster care system reunite with their (5) food donation programs; Whereas there are approximately 420,000 biological parents or, if the children cannot Whereas there is a growing awareness of children living in foster care; be reunited with their biological parents, the important role that community-based Whereas there are 115,000 children in foster find permanent, safe, and loving homes. organizations, institutions of faith, and care awaiting adoption; charities play in assisting hungry and food- Whereas 57,000 children are adopted out of f insecure individuals; foster care each year; SENATE RESOLUTION 204—DESIG- Whereas more than 50,000 local, commu- Whereas children of color are more likely NATING JUNE 7, 2011, AS ‘‘NA- nity-based organizations rely on the support to stay in the foster care system for longer and efforts of more than 1,000,000 volunteers periods of time and are less likely to be re- TIONAL HUNGER AWARENESS to provide food assistance and services to united with their biological families; DAY’’ millions of vulnerable people; and Whereas the number of available foster Mr. CASEY (for himself, Mr. Whereas all people of the United States homes is declining, and there are only 2.8 BOOZMAN, Mr. DURBIN, Mr. LUGAR, Mr. can participate in hunger relief efforts in foster homes for every 10 children in foster MORAN, Mr. LEAHY, and Mr. BROWN of their communities by— care; Ohio) submitted the following resolu- (1) donating food and money to hunger re- Whereas children entering foster care often tion; which was considered and agreed lief efforts; confront the widespread misperception that to: (2) volunteering for hunger relief efforts; children in foster care are disruptive, unruly, and and dangerous, even though placement in S. RES. 204 (3) supporting public policies aimed at re- foster care is based on the actions of a par- Whereas food insecurity and hunger are a ducing hunger: Now, therefore, be it ent or guardian, not the child; fact of life for millions of individuals in the Resolved, That the Senate— Whereas foster care is intended to be a United States and can produce physical, (1) designates June 7, 2011, as ‘‘National temporary placement, but children remain mental, and social impairments; Hunger Awareness Day’’; and in the foster care system for an average of 2 Whereas recent data published by the De- (2) calls on the people of the United States years; partment of Agriculture show that approxi- to observe National Hunger Awareness Day— Whereas children in foster care experience mately 50,200,000 individuals in the United (A) with appropriate ceremonies, volunteer an average of 3 different placements, which States live in households experiencing hun- activities, and other support for local anti- often leads to disruption of routines, and the ger or food insecurity, and of that number, hunger advocacy efforts and hunger relief need to change schools and move away from 33,000,000 are adults and 17,200,000 are chil- charities, including food banks, food rescue siblings, extended families, and familiar sur- dren; organizations, food pantries, soup kitchens, roundings; Whereas the Department of Agriculture and emergency shelters; and Whereas more than 29,000 youth ‘‘age out’’ data also show that households with children (B) by continuing to support programs and of foster care without a legal permanent con- experience nearly twice the rate of food inse- public policies that reduce hunger and food nection to an adult or family; curity as those households without children; insecurity in the United States.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3455 AMENDMENTS SUBMITTED AND ‘‘(36) The term ‘terrorism’ includes inter- under section 922A, 922B, 923(d)(3) or 923(e) of PROPOSED national terrorism and domestic terrorism, this title,’’. as those terms are defined in section 2331 of (e) ATTORNEY GENERAL DISCRETIONARY DE- SA 386. Mr. LAUTENBERG submitted an this title. NIAL OF FEDERAL FIREARMS LICENSES.—Sec- amendment intended to be proposed to ‘‘(37) The term ‘material support or re- tion 923(d) of title 18, United States Code, is amendment SA 347 proposed by Mr. REID to sources’ has the same meaning as in section amended— the bill S. 990, to provide for an additional 2339A of this title. (1) in paragraph (1), in the matter pre- temporary extension of programs under the ‘‘(38) The term ‘responsible person’ means ceding subparagraph (A), by striking ‘‘Any’’ Small Business Act and the Small Business an individual who has the power, directly or and inserting ‘‘Except as provided in para- Investment Act of 1958, and for other pur- indirectly, to direct or cause the direction of graph (3), any’’; and poses; which was ordered to lie on the table. the management and policies of the appli- (2) by adding at the end the following: SA 387. Mr. SANDERS submitted an cant or licensee pertaining to firearms.’’; and ‘‘(3) The Attorney General may deny a li- amendment intended to be proposed to (3) in the table of sections, by inserting cense application if the Attorney General de- amendment SA 347 proposed by Mr. REID to after the item relating to section 922 the fol- termines that the applicant (including any the bill S. 990, supra; which was ordered to lowing: responsible person) is known (or appro- lie on the table. ‘‘922A. Attorney General’s discretion to deny priately suspected) to be or have been en- SA 388. Ms. KLOBUCHAR (for Mrs. MUR- transfer of a firearm. gaged in conduct constituting, in prepara- RAY) proposed an amendment to the concur- ‘‘922B. Attorney General’s discretion regard- tion for, in aid of, or related to terrorism, or rent resolution S. Con. Res. 4, expressing the ing applicants for firearm per- providing material support or resources for sense of Congress that an appropriate site on mits which would qualify for terrorism, and the Attorney General has a Chaplains Hill in Arlington National Ceme- the exemption provided under reasonable belief that the applicant may use tery should be provided for a memorial section 922(t)(3).’’. a firearm in connection with terrorism.’’. marker to honor the memory of the Jewish (f) DISCRETIONARY REVOCATION OF FEDERAL chaplains who died while on active duty in (b) EFFECT OF ATTORNEY GENERAL DISCRE- FIREARMS LICENSES.—Section 923(e) of title the Armed Forces of the United States. TIONARY DENIAL THROUGH THE NATIONAL IN- STANT CRIMINAL BACKGROUND CHECK SYSTEM 18, United States Code, is amended— f (NICS) ON FIREARMS PERMITS.—Section 922(t) (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; TEXT OF AMENDMENTS of title 18, United States Code, is amended— (2) by striking ‘‘revoke any license’’ and SA 386. Mr. LAUTENBERG sub- (1) in paragraph (1)(B)(ii), by inserting ‘‘or inserting the following: ‘‘revoke— mitted an amendment intended to be State law, or that the Attorney General has ‘‘(A) any license’’; proposed to amendment SA 347 pro- determined to deny the transfer of a firearm (3) by striking ‘‘. The Attorney General pursuant to section 922A of this title’’ before may, after notice and opportunity for hear- posed by Mr. REID to the bill S. 990, to ing, revoke the license’’ and inserting the provide for an additional temporary ex- the semicolon; (2) in paragraph (2), in the matter pre- following: ‘‘; tension of programs under the Small ceding subparagraph (A), by inserting ‘‘, or if ‘‘(B) the license’’; and Business Act and the Small Business the Attorney General has not determined to (4) by striking ‘‘. The Secretary’s action’’ Investment Act of 1958, and for other deny the transfer of a firearm pursuant to and inserting the following: ‘‘; or purposes; which was ordered to lie on section 922A of this title’’ after ‘‘or State ‘‘(C) any license issued under this section if the table; as follows: law’’; the Attorney General determines that the holder of such license (including any respon- At the end, add the following: (3) in paragraph (3)— (A) in subparagraph (A)— sible person) is known (or appropriately sus- SEC. 3. GRANTING THE ATTORNEY GENERAL THE (i) in clause (i)— pected) to be or have been engaged in con- AUTHORITY TO DENY THE SALE, DE- (I) in subclause (I), by striking ‘‘and’’ at duct constituting, in preparation for, in aid LIVERY, OR TRANSFER OF A FIRE- of, or related to terrorism or providing mate- ARM OR THE ISSUANCE OF A FIRE- the end; and ARMS OR EXPLOSIVES LICENSE OR (II) by adding at the end the following: rial support or resources for terrorism, and PERMIT TO DANGEROUS TERROR- ‘‘(III) was issued after a check of the sys- the Attorney General has a reasonable belief ISTS. tem established pursuant to paragraph (1);’’; that the applicant may use a firearm in con- (a) STANDARD FOR EXERCISING ATTORNEY (ii) in clause (ii), by inserting ‘‘and’’ after nection with terrorism. GENERAL DISCRETION REGARDING TRANSFER- the semicolon; and ‘‘(2) The Attorney General’s action’’. RING FIREARMS OR ISSUING FIREARMS PER- (iii) by adding at the end the following: (g) ATTORNEY GENERAL’S ABILITY TO WITH- MITS TO DANGEROUS TERRORISTS.—Chapter 44 ‘‘(iii) the State issuing the permit agrees HOLD INFORMATION IN FIREARMS LICENSE DE- of title 18, United States Code, is amended— to deny the permit application if such other NIAL AND REVOCATION SUIT.— (1) by inserting after section 922 the fol- person is the subject of a determination by (1) IN GENERAL.—Section 923(f)(1) of title 18, lowing: the Attorney General pursuant to section United States Code, is amended by inserting ‘‘§ 922A. Attorney General’s discretion to deny 922B of this title;’’; after the first sentence the following: ‘‘How- transfer of a firearm (4) in paragraph (4), by inserting ‘‘, or if ever, if the denial or revocation is pursuant to subsection (d)(3) or (e)(1)(C), any informa- ‘‘The Attorney General may deny the the Attorney General has not determined to tion upon which the Attorney General relied transfer of a firearm under section deny the transfer of a firearm pursuant to for this determination may be withheld from 922(t)(1)(B)(ii) of this title if the Attorney section 922A of this title’’ after ‘‘or State the petitioner, if the Attorney General deter- General— law’’; and mines that disclosure of the information ‘‘(1) determines that the transferee is (5) in paragraph (5), by inserting ‘‘, or if would likely compromise national secu- known (or appropriately suspected) to be or the Attorney General has determined to rity.’’. have been engaged in conduct constituting, deny the transfer of a firearm pursuant to (2) SUMMARIES.—Section 923(f)(3) of title 18, in preparation for, in aid of, or related to section 922A of this title’’ after ‘‘or State United States Code, is amended by inserting terrorism, or providing material support or law’’. (c) UNLAWFUL SALE OR DISPOSITION OF after the third sentence the following: ‘‘With resources for terrorism; and FIREARM BASED UPON ATTORNEY GENERAL respect to any information withheld from ‘‘(2) has a reasonable belief that the pro- DISCRETIONARY DENIAL.—Section 922(d) of the aggrieved party under paragraph (1), the spective transferee may use a firearm in con- title 18, United States Code, is amended— United States may submit, and the court nection with terrorism. (1) in paragraph (8), by striking ‘‘or’’ at the may rely upon, summaries or redacted ‘‘§ 922B. Attorney General’s discretion regard- end; versions of documents containing informa- ing applicants for firearm permits which (2) in paragraph (9), by striking the period tion the disclosure of which the Attorney would qualify for the exemption provided at the end and inserting ‘‘; or’’; and General has determined would likely com- under section 922(t)(3) (3) by adding at the end the following: promise national security.’’. ‘‘The Attorney General may determine ‘‘(10) has been the subject of a determina- (h) ATTORNEY GENERAL’S ABILITY TO WITH- that— tion by the Attorney General under section HOLD INFORMATION IN RELIEF FROM DISABIL- ‘‘(1) an applicant for a firearm permit 922A, 922B, 923(d)(3), or 923(e) of this title.’’. ITIES LAWSUITS.—Section 925(c) of title 18, which would qualify for an exemption under (d) ATTORNEY GENERAL DISCRETIONARY DE- United States Code, is amended by inserting section 922(t) is known (or appropriately sus- NIAL AS PROHIBITOR.—Section 922(g) of title after the third sentence the following: ‘‘If pected) to be or have been engaged in con- 18, United States Code, is amended— the person is subject to a disability under duct constituting, in preparation for, in aid (1) in paragraph (8), by striking ‘‘or’’ at the section 922(g)(10) of this title, any informa- of, or related to terrorism, or providing ma- end; tion which the Attorney General relied on terial support or resources for terrorism; and (2) in paragraph (9), by striking the comma for this determination may be withheld from ‘‘(2) the Attorney General has a reasonable at the end and inserting ‘‘; or’’; and the applicant if the Attorney General deter- belief that the applicant may use a firearm (3) by inserting after paragraph (9) the fol- mines that disclosure of the information in connection with terrorism.’’; lowing: would likely compromise national security. (2) in section 921(a), by adding at the end ‘‘(10) who has received actual notice of the In responding to the petition, the United the following: Attorney General’s determination made States may submit, and the court may rely

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3456 CONGRESSIONAL RECORD — SENATE May 26, 2011 upon, summaries or redacted versions of doc- mined that disclosure would likely com- (1) in paragraph (1), by inserting after the uments containing information the disclo- promise national security,’’ after ‘‘reasons to first sentence the following: ‘‘However, if the sure of which the Attorney General has de- the individual,’’; and denial or revocation is based upon an Attor- termined would likely compromise national (2) in subsection (g)— ney General determination under subsection security.’’. (A) the first sentence— (j) or (d)(1)(B), any information which the (i) PENALTIES.—Section 924(k) of title 18, (i) by inserting ‘‘or if the Attorney General Attorney General relied on for this deter- United States Code, is amended— has made a determination pursuant to sec- mination may be withheld from the peti- (1) in paragraph (2), by striking ‘‘or’’ at the tion 922A or 922B of title 18, United States tioner if the Attorney General determines end; Code,’’ after ‘‘or State law,’’; and that disclosure of the information would (2) in paragraph (3), by striking the comma (ii) by inserting ‘‘, except any information likely compromise national security.’’; and at the end and inserting ‘‘; or’’; and for which the Attorney General has deter- (2) in paragraph (2), by adding at the end (3) by inserting after paragraph (3) the fol- mined that disclosure would likely com- the following: ‘‘In responding to any petition lowing: promise national security’’ before the period for review of a denial or revocation based ‘‘(4) constitutes an act of terrorism, or pro- at the end; and upon an Attorney General determination viding material support or resources for ter- (B) by adding at the end the following: under subsection (j) or (d)(1)(B), the United rorism,’’. ‘‘Any petition for review of information States may submit, and the court may rely (j) REMEDY FOR ERRONEOUS DENIAL OF withheld by the Attorney General under this upon, summaries or redacted versions of doc- FIREARM OR FIREARM PERMIT EXEMPTION.— subsection shall be made in accordance with uments containing information the disclo- (1) IN GENERAL.—Section 925A of title 18, section 925A of title 18, United States Code.’’. sure of which the Attorney General has de- United States Code, is amended— (l) UNLAWFUL DISTRIBUTION OF EXPLOSIVES termined would likely compromise national (A) in the section heading, by striking BASED UPON ATTORNEY GENERAL DISCRE- security.’’. ‘‘Remedy for erroneous denial of firearm’’ TIONARY DENIAL.—Section 842(d) of title 18, (q) ABILITY TO WITHHOLD INFORMATION IN and inserting ‘‘Remedies’’; United States Code, is amended— COMMUNICATIONS TO EMPLOYERS.—Section (B) by striking ‘‘Any person denied a fire- (1) in paragraph (9), by striking the period 843(h)(2) of title 18, United States Code, is arm pursuant to subsection (s) or (t) of sec- and inserting ‘‘; or’’; and amended— tion 922’’ and inserting the following: (2) by adding at the end the following: (1) in subparagraph (A), by inserting ‘‘or in ‘‘(a) Except as provided in subsection (b), ‘‘(10) has received actual notice of the At- subsection (j) of this section (on grounds of any person denied a firearm pursuant to sub- torney General’s determination made pursu- terrorism)’’ after ‘‘section 842(i)’’; and section (t) of section 922 or a firearm permit ant to subsection (j) or (d)(1)(B) of section 843 (2) in subparagraph (B)— pursuant to a determination made under sec- of this title.’’. (A) in the matter preceding clause (i), by tion 922B’’; and (m) ATTORNEY GENERAL DISCRETIONARY DE- inserting ‘‘or in subsection (j) of this sec- (C) by adding at the end the following: NIAL AS PROHIBITOR.—Section 842(i) of title tion,’’ after ‘‘section 842(i),’’; and ‘‘(b) In any case in which the Attorney 18, United States Code, is amended— (B) in clause (ii), by inserting ‘‘, except General has denied the transfer of a firearm (1) in paragraph (7), by inserting ‘‘; or’’ at that any information that the Attorney Gen- to a prospective transferee pursuant to sec- the end; and eral relied on for a determination pursuant tion 922A of this title or has made a deter- (2) by inserting after paragraph (7) the fol- to subsection (j) may be withheld if the At- mination regarding a firearm permit appli- lowing: torney General concludes that disclosure of cant pursuant to section 922B of this title, an ‘‘(8) who has received actual notice of the the information would likely compromise action challenging the determination may be Attorney General’s determination made pur- national security’’ after ‘‘determination’’. brought against the United States. The peti- suant to subsection (j) or (d)(1)(B) of section (r) CONFORMING AMENDMENT TO IMMIGRA- tion shall be filed not later than 60 days 843 of this title,’’. TION AND NATIONALITY ACT.—Section after the petitioner has received actual no- (n) ATTORNEY GENERAL DISCRETIONARY DE- 101(a)(43)(E)(ii) of the Immigration and Na- tice of the Attorney General’s determination NIAL OF FEDERAL EXPLOSIVES LICENSES AND tionality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is under section 922A or 922B of this title. The PERMITS.—Section 843 of title 18, United amended by striking ‘‘or (5)’’ and inserting court shall sustain the Attorney General’s States Code, is amended— ‘‘(5), or (10)’’. determination upon a showing by the United (1) in subsection (b), by striking ‘‘Upon’’ (s) GUIDELINES.— States by a preponderance of evidence that and inserting ‘‘Except as provided in sub- (1) IN GENERAL.—The Attorney General the Attorney General’s determination satis- section (j), upon’’; and shall issue guidelines describing the cir- fied the requirements of section 922A or 922B, (2) by adding at the end the following: cumstances under which the Attorney Gen- as the case may be. To make this showing, ‘‘(j) The Attorney General may deny the eral will exercise the authority and make de- the United States may submit, and the court issuance of a permit or license to an appli- terminations under subsections (d)(1)(B) and may rely upon, summaries or redacted cant if the Attorney General determines that (j) of section 843 and sections 922A and 922B versions of documents containing informa- the applicant or a responsible person or em- of title 18, United States Code, as amended tion the disclosure of which the Attorney ployee possessor thereof is known (or appro- by this Act. General has determined would likely com- priately suspected) to be or have been en- (2) CONTENTS.—The guidelines issued under promise national security. Upon request of gaged in conduct constituting, in prepara- paragraph (1) shall— the petitioner or the court’s own motion, the tion of, in aid of, or related to terrorism, or (A) provide accountability and a basis for court may review the full, undisclosed docu- providing material support or resources for monitoring to ensure that the intended goals ments ex parte and in camera. The court terrorism, and the Attorney General has a for, and expected results of, the grant of au- shall determine whether the summaries or reasonable belief that the person may use ex- thority under subsections (d)(1)(B) and (j) of redacted versions, as the case may be, are plosives in connection with terrorism.’’. section 843 and sections 922A and 922B of title fair and accurate representations of the un- (o) ATTORNEY GENERAL DISCRETIONARY 18, United States Code, as amended by this derlying documents. The court shall not con- REVOCATION OF FEDERAL EXPLOSIVES LI- Act, are being achieved; and sider the full, undisclosed documents in de- CENSES AND PERMITS.—Section 843(d) of title (B) ensure that terrorist watch list records ciding whether the Attorney General’s deter- 18, United States Code, is amended— are used in a manner that safeguards privacy mination satisfies the requirements of sec- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and civil liberties protections, in accordance tion 922A or 922B.’’. (2) by striking ‘‘if in the opinion’’ and in- with requirements outlines in Homeland Se- serting the following: ‘‘if— (2) TECHNICAL AND CONFORMING AMEND- curity Presidential Directive 11 (dated Au- ‘‘(A) in the opinion’’; and MENT.—The table of sections for chapter 44 of gust 27, 2004). (3) by striking ‘‘. The Secretary’s action’’ title 18, United States Code, is amended by Mr. SANDERS submitted an striking the item relating to section 925A and inserting the following: ‘‘; or SA 387. and inserting the following: ‘‘(B) the Attorney General determines that amendment intended to be proposed to the licensee or holder (or any responsible amendment SA 347 proposed by Mr. ‘‘925A. Remedies.’’. person or employee possessor thereof) is REID to the bill S. 990, to provide for an (k) PROVISION OF GROUNDS UNDERLYING IN- known (or appropriately suspected) to be or additional temporary extension of pro- ELIGIBILITY DETERMINATION BY THE NATIONAL have been engaged in conduct constituting, grams under the Small Business Act INSTANT CRIMINAL BACKGROUND CHECK SYS- in preparation for, in aid of, or related to and the Small Business Investment Act TEM.—Section 103 of the Brady Handgun Vio- terrorism, or providing material support or lence Prevention Act (18 U.S.C. 922 note) is resources for terrorism, and that the Attor- of 1958, and for other purposes; which amended— ney General has a reasonable belief that the was ordered to lie on the table; as fol- (1) in subsection (f)— person may use explosives in connection lows: (A) by inserting ‘‘or the Attorney General with terrorism. At the end, add the following: has made a determination regarding an ap- ‘‘(2) The Attorney General’s action’’. SEC. 3. PROTECTIONS FOR BOOKSTORES AND LI- plicant for a firearm permit pursuant to sec- (p) ATTORNEY GENERAL’S ABILITY TO WITH- BRARIES. tion 922B of title 18, United States Code,’’ HOLD INFORMATION IN EXPLOSIVES LICENSE (a) EXEMPTION OF BOOKSTORES AND LIBRAR- after ‘‘is ineligible to receive a firearm’’; and AND PERMIT DENIAL AND REVOCATION SUITS.— IES FROM ORDERS REQUIRING THE PRODUCTION (B) by inserting ‘‘except any information Section 843(e) of title 18, United States Code, OF ANY TANGIBLE THINGS FOR CERTAIN FOR- for which the Attorney General has deter- is amended— EIGN INTELLIGENCE INVESTIGATIONS.—Section

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3457

501 of the Foreign Intelligence Surveillance order to preserve, protect, and maintain the COMMITTEE ON INDIAN AFFAIRS Act of 1978 (50 U.S.C. 1861) is amended by add- limited amount of space available at Arling- Mr. NELSON of Florida. Mr. Presi- ing at the end the following new subsection: ton National Cemetery and ensure that fu- dent, I ask unanimous consent that the ‘‘(i) PROHIBITION ON SEARCHING FOR OR SEIZ- ture proposals for commemorative works are Committee on Indian Affairs be author- ING MATERIAL FROM A BOOKSELLER OR LI- appropriately designed, constructed, and lo- ized to meet during the session of the BRARY.— cated and reflect a consensus of the lasting ‘‘(1) IN GENERAL.—No application may be national significance of the subjects in- Senate on May 26, 2011, at 2:15 p.m. in made under this section with either the pur- volved, the President of the United States, Room 628 of the Dirksen Senate Office pose or effect of searching for, or seizing as Commander in Chief, should establish an Building to conduct a hearing entitled from, a bookseller or library documentary Arlington National Cemetery Memorial Ad- ‘‘In Our Way: Expanding the Success of materials that contain personally identifi- visory Commission and procedures for the Native Language & Culture-Based Edu- able information concerning a patron of a evaluation and approval of new monuments cation.’’ bookseller or library. and memorials comparable to those in chap- The PRESIDING OFFICER. Without ‘‘(2) CONSTRUCTION.—Nothing in this sub- ter 89 of title 40, United States Code (com- objection, it is so ordered. section shall be construed as precluding a monly referred to as the ‘Commemorative COMMITTEE ON THE JUDICIARY physical search for documentary materials Works Act’)’’. Mr. NELSON of Florida. Mr. Presi- referred to in paragraph (1) under other pro- f visions of law, including under section 303. dent, I ask unanimous consent that the ‘‘(3) DEFINITIONS.—In this subsection: AUTHORITY FOR COMMITTEES TO Committee on the Judiciary be author- ‘‘(A) BOOKSELLER.—The term ‘bookseller’ MEET ized to meet during the session of the means any person or entity engaged in the COMMITTEE ON AGRICULTURE, NUTRITION, AND Senate on May 26, 2011, at 10 a.m., in sale, rental or delivery of books, journals, FORESTRY SD–226 of the Dirksen Senate Office magazines, or other similar forms of commu- Building, to conduct an executive busi- nication in print or digitally. Mr. NELSON of Florida. Mr. Presi- ness meeting. ‘‘(B) DOCUMENTARY MATERIALS.—The term dent, I ask unanimous consent that the ‘documentary materials’ means any docu- Committee on Agriculture, Nutrition, The PRESIDING OFFICER. Without ment, tape or other communication created and Forestry be authorized to meet objection, it is so ordered. by a bookseller or library in connection with during the session of the Senate on SELECT COMMITTEE ON INTELLIGENCE print or digital dissemination of a book, May 26, 2011, at 10:15 a.m. in SH–216. Mr. NELSON of Florida. Mr. Presi- journal, magazine, newspaper, or other simi- The PRESIDING OFFICER. Without dent, I ask unanimous consent that the lar form of communication, including access objection, it is so ordered. Select Committee on Intelligence be to the Internet. COMMITTEE ON BANKING, HOUSING, AND URBAN authorized to meet during the session ‘‘(C) LIBRARY.—The term ‘library’ has the AFFAIRS meaning given that term under section 213(2) of the Senate on May 26, 2011, at 2:30 of the Library Services and Technology Act Mr. NELSON of Florida. Mr. Presi- p.m. (20 U.S.C. 9122(2)) whose services include ac- dent, I ask unanimous consent that the The PRESIDING OFFICER. Without cess to the Internet, books, journals, maga- Committee on Banking, Housing, and objection, it is so ordered. zines, newspapers, or other similar forms of Urban Affairs be authorized to meet SPECIAL COMMITTEE ON AGING communication in print or digitally to pa- during the session of the Senate on Mr. NELSON of Florida. Mr. Presi- trons for their use, review, examination or May 26, 2011, at 10 a.m. dent, I ask unanimous consent that the circulation. The PRESIDING OFFICER. Without Special Committee on Aging be author- ‘‘(D) PATRON.—The term ‘patron’ means objection, it is so ordered. ized to meet during the session of the any purchaser, renter, borrower, user or sub- scriber of goods or services from a library or COMMITTEE ON ENERGY AND NATURAL Senate on May 26, 2011, from 2–4 p.m. in bookseller. RESOURCES Dirksen 106. ‘‘(E) PERSONALLY IDENTIFIABLE INFORMA- Mr. NELSON of Florida. Mr. Presi- The PRESIDING OFFICER. Without TION.—The term ‘personally identifiable in- dent, I ask unanimous consent that the objection, it is so ordered. formation’ includes information that identi- Committee on Energy and Natural Re- f fies a person as having used, requested or ob- sources be authorized to meet during PRIVILEGES OF THE FLOOR tained specific reading materials or services the session of the Senate on May 26, from a bookseller or library.’’. 2011, at 10 a.m., in room 366 of the Dirk- Mr. CARDIN. Mr. President, I ask (b) NATIONAL SECURITY LETTERS.—Section sen Senate Office Building. unanimous consent that floor privi- 2709(f) of title 18, United States Code, is leges be temporarily granted to Kyle amended to read as follows: The PRESIDING OFFICER. Without ‘‘(f) EXCEPTION FOR LIBRARIES AND BOOK- objection, it is so ordered. Parker, a staff member of the Commis- SELLERS.— COMMITTEE ON FINANCE sion on Security and Cooperation in ‘‘(1) IN GENERAL.—A library or a bookseller Mr. NELSON of Florida. Mr. Presi- Europe, which I cochair, during the is not a wire or electronic communication dent, I ask unanimous consent that the pendency of this colloquy in which I service provider for purposes of this section, Committee on Finance be authorized to am engaging with Senator MCCAIN. regardless of whether the library or book- meet during the session of the Senate The PRESIDING OFFICER. Without seller is providing electronic communication objection, it is so ordered. service. on May 26, 2011, at 10 a.m., in room 215 f ‘‘(2) DEFINITIONS.—In this subsection: of the Dirksen Senate Office Building, ‘‘(A) BOOKSELLER.—The term bookseller to conduct a hearing entitled ‘‘The EXECUTIVE SESSION means any person or entity engaged in the U.S.-Korea Free Trade Agreement.’’ sale, rental, or delivery of books, journals, The PRESIDING OFFICER. Without magazines, or other similar forms of commu- objection, it is so ordered. NOMINATION OF DONALD B. nication in print or digitally. COMMITTEE ON FOREIGN RELATIONS VERRILLI, JR., TO BE SOLICITOR ‘‘(B) LIBRARY.—The term library has the Mr. NELSON of Florida. Mr. Presi- GENERAL OF THE UNITED meaning given that term in section 213(1) of STATES the Library Services and Technology Act (20 dent, I ask unanimous consent that the U.S.C. 9122(1)).’’. Committee on Foreign Relations be au- Ms. KLOBUCHAR. Mr. President, I thorized to meet during the session of move to proceed to executive session to SA 388. Ms. KLOBUCHAR (for Mrs. the Senate on May 26, 2011, at 10 a.m. consider Calendar No. 118, and I send a MURRAY) proposed an amendment to The PRESIDING OFFICER. Without cloture motion to the desk. the concurrent resolution S. Con. Res. objection, it is so ordered. The PRESIDING OFFICER. Without 4, expressing the sense of Congress that COMMITTEE ON HOMELAND SECURITY AND objection, it is so ordered. The motion an appropriate site on Chaplains Hill in GOVERNMENTAL AFFAIRS is agreed to. Arlington National Cemetery should be Mr. NELSON of Florida. Mr. Presi- The clerk will report the nomination. provided for a memorial marker to dent, I ask unanimous consent that the The bill clerk read the nomination of honor the memory of the Jewish chap- Committee on Homeland Security and Donald B. Verrilli, Jr., of the District lains who died while on active duty in Governmental Affairs be authorized to of Columbia, to be Solicitor General of the Armed Forces of the United States; meet during the session of the Senate the United States. as follows: on May 26, 2011, at 2:30 p.m. CLOTURE MOTION In the resolving clause, insert before the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The clo- period at the end the following: ‘‘and that, in objection, it is so ordered. ture motion having been presented

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3458 CONGRESSIONAL RECORD — SENATE May 26, 2011 under rule XXII, the Chair directs the for intelligence activities for fiscal The bill clerk read as follows: clerk to read the motion. year 2011. However, in anticipation of A bill (S. 627) to establish the Commission The bill clerk read as follows: tighter future budgets, the bill also on Freedom of Information Act Processing CLOTURE MOTION takes some initial steps to prepare the and Delays. We, the undersigned Senators, in accord- intelligence community for likely There being no objection, the Senate ance with the provisions of rule XXII of the smaller budgets and personnel de- proceeded to consider the bill, which Standing Rules of the Senate, hereby move creases in the coming years. had been reported from the Committee to bring to a close debate on the nomination The bill includes a number of legisla- on the Judiciary, with amendments, as of Donald B. Verrilli, Jr., of the District of tive provisions, including: follows: Columbia, to be Solicitor General of the A section requiring the intelligence [Omit the part struck through and United States. community to prevent another secu- insert the part printed in italic.] Patrick J. Leahy, Kent Conrad, John F. rity disaster, such as the recent leaks Kerry, Sheldon Whitehouse, Amy S. 627 Klobuchar, Benjamin L. Cardin, Jeff of classified information to Wikileaks, Be it enacted by the Senate and House of Rep- Bingaman, Barbara Boxer, Jeff through the implementation of auto- resentatives of the United States of America in Merkley, Ron Wyden, Robert Menen- mated information technology threat Congress assembled, dez, Jeanne Shaheen, Bernard Sanders, detection programs that must be fully SECTION 1. COMMISSION ON FREEDOM OF IN- Frank R. Lautenberg, Jack Reed, operational by the end of 2013; FORMATION ACT PROCESSING Patty Murray, Richard J. Durbin A provision improving the ability of DELAYS. (a) SHORT TITLE.—This Act may be cited as Ms. KLOBUCHAR. Mr. President, I government agencies to detail per- the ‘‘Faster FOIA Act of 2011’’. ask unanimous consent that on Mon- sonnel to needed areas of the intel- (b) ESTABLISHMENT.—There is established day, June 6, 2011, at 4:30 p.m., the Sen- ligence community; the Commission on Freedom of Information ate proceed to executive session to con- A commendation of intelligence com- Act Processing Delays (in this Act referred sider Calendar No. 118; that there be 1 munity personnel for their role in to as the ‘‘Commission’’ for the purpose of hour for debate equally divided in the bringing Osama bin Laden to justice conducting a study relating to methods to help reduce delays in processing requests usual form prior to the cloture vote; and reaffirming the commitment of the Congress to use the capabilities of the submitted to Federal agencies under section further, that the mandatory quorum 552 of title 5, United States Code (commonly under rule XXII be waived. intelligence community to disrupt, dis- referred to as the ‘‘Freedom of Information The PRESIDING OFFICER. Without mantle, and defeat al-Qaida and affili- Act’’). objection, it is so ordered. ated organizations. (c) MEMBERSHIP.— With the passage of this legislation, I (1) IN GENERAL.—The Commission shall be f believe we have restored the commit- composed of ø16¿ 12 members of whom— LEGISLATIVE SESSION tee’s ability to do oversight, and we are (A) ø3¿ 2 shall be appointed by the chair- now on track to pass intelligence au- man of the Committee on the Judiciary of Ms. KLOBUCHAR. Mr. President, I the Senate; ask unanimous consent that the Sen- thorization bills each year. ø ¿ I very much appreciate the close col- (B) 3 2 shall be appointed by the ranking ate resume legislative session. member of the Committee on the Judiciary The PRESIDING OFFICER. Without laboration of Senator CHAMBLISS, the of the Senate; objection, it is so ordered. vice chairman of the committee, in (C) ø3¿ 2 shall be appointed by the chair- this effort. We have worked closely to- man of the Committee on Government Re- f gether to craft this legislation, and to form of the House of Representatives; INTELLIGENCE AUTHORIZATION secure its passage. (D) ø3¿ 2 shall be appointed by the ranking ACT FOR FISCAL YEAR 2011 I also thank Chairman ROGERS and member of the Committee on Government Reform of the House of Representatives; Ms. KLOBUCHAR. Mr. President, I Ranking Member RUPPERSBERGER for their efforts on the House Permanent (E) 1 shall be appointed by the Attorney ask unanimous consent that the Sen- General of the United States; Select Committee on Intelligence. We ate proceed to the consideration of Cal- (F) 1 shall be appointed by the Director of endar No. 56, H.R. 754. worked well together on the fiscal year the Office of Management and Budget; The PRESIDING OFFICER. The 2011 legislation to bring forward coordi- (G) 1 shall be appointed by the Archivist of clerk will report the bill by title. nated bills to the House and the Sen- the United States; and (H) 1 shall be appointed by the Comptroller The bill clerk read as follows: ate, and I look forward to continue to work together to enact the fiscal year General of the United States. A bill (H.R. 754) to authorize appropria- 2012 intelligence authorization bill. (2) QUALIFICATIONS OF CONGRESSIONAL AP- tions for fiscal year 2011 for intelligence and POINTEES.—Of the ø3¿ 2 appointees under intelligence-related activities of the United Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the bill be each of subparagraphs (A), (B), (C), and (D) of States Government, the Community Man- paragraph (1) at least ø2¿ 1 shall have experi- agement Account, and the Central Intel- read a third time and the Senate pro- ence øin academic research¿ as a FOIA re- ligence Agency Retirement and Disability ceed to a vote on passage of the bill. questor, or in the fields of library science, in- System, and for other purposes. The PRESIDING OFFICER. Without formation management, or public access to There being no objection, the Senate objection, it is so ordered. Government information. proceeded to consider the bill. The question is on the third reading (3) TIMELINESS OF APPOINTMENTS.—Appoint- Mrs. FEINSTEIN. Mr. President, I of the bill. ments to the Commission shall be made as The bill was ordered to a third read- expeditiously as possible, but not later than am very pleased that the Senate will be 60 days after the date of enactment of this passing the fiscal year 2011 intelligence ing and was read the third time. The PRESIDING OFFICER. The Act. authorization bill today. question is on the passage of the bill. (d) STUDY.—The Commission shall conduct This is now the second year in a row The bill (H.R. 754) was passed. a study to— that we have been able to pass an au- Ms. KLOBUCHAR. Mr. President, I (1) identify methods that— thorization bill, after 6 years without (A) will help reduce delays in the proc- ask unanimous consent that the mo- essing of requests submitted to Federal agen- doing so. tion to reconsider be laid upon the The bill authorizes funding for fiscal cies under section 552 of title 5, United table and that any statements relating States Code; and year 2011 for the 16 different agencies to the bill be printed in the RECORD. (B) ensure the efficient and equitable ad- across the U.S. Government that make The PRESIDING OFFICER. Without ministration of that section throughout the up the intelligence community. Unlike objection, it is so ordered. Federal Government; the fiscal year 2010 bill, which was en- (2) examine whether the system for charg- f acted last October, this bill also con- ing fees and granting waivers of fees under tains a classified annex, which is the FASTER FOIA ACT OF 2011 section 552 of title 5, United States Code, main mechanism the Intelligence Com- Ms. KLOBUCHAR. Mr. President, I needs to be reformed in order to reduce mittee has to set the level of intel- delays in processing requests; and ask unanimous consent that the Sen- (3) examine and determine— ligence spending and direct how it is ate proceed to the consideration of Cal- (A) why the Federal Government’s use of used. endar No. 31, S. 627. the exemptions under section 552(b) of title 5, The bill adds hundreds of millions of The PRESIDING OFFICER. The United States Code, increased during fiscal dollars above the President’s request clerk will report the bill by title. year 2009;

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3459 (B) the reasons for any increase, including penses, including per diem in lieu of subsist- ommendations to Congress and the whether the increase was warranted and ence, at rates authorized for employees of President for reducing impediments to whether the increase contributed to FOIA agencies under subchapter I of chapter 57 of the efficient processing of FOIA re- processing delays; title 5, United States Code, while away from quests. The commission will also study (C) what efforts were made by Federal their homes or regular places of business in agencies to comply with President Obama’s the performance of services for the Commis- why Federal agencies are more and January 21, 2009 Presidential Memorandum sion.¿ more relying on FOIA exemptions to on Freedom of Information Act Requests and (i) TRAVEL EXPENSES.— withhold information from the public. whether those efforts were successful; øand¿ (1) IN GENERAL.—The members of the Commis- In addition, the commission will exam- (D) ømake¿ any recommendations on how sion shall be allowed travel expenses, including ine whether the current system for the use of exemptions under section 552(b) of per diem in lieu of subsistence, at rates author- charging fees and granting fee waivers ized for employees of agencies under subchapter title 5, United States Code, may be under FOIA should be modified. The limitedø.¿; and I of chapter 57 of title 5, United States Code, (E)(i) whether any disparities in processing, while away from their homes or regular places commission will also be made up of processing times, and completeness of responses of business in the performance of services for the government and non-governmental rep- to FOIA requestors have occurred based upon Commission. resentatives with a broad range of ex- political considerations, ideological viewpoints, (2) PAYMENT OF EXPENSES.—The Adminis- perience related to handling FOIA re- the identity of the requestors, affiliation with trator of General Services shall pay travel ex- quests. the media, or affiliation with advocacy groups; penses under this subsection from available ap- I have said many times over the (ii) if any disparities have occurred, why such propriations in the operating expenses account of the General Services Administration. years that open government is neither disparities have occurred; and a Democratic issue, nor a Republican (iii) the extent to which political appointees (3) APPROPRIATIONS REQUESTS.—Expenses have been involved in the FOIA process. paid under this subsection shall not form the issue—it is truly an American value (e) REPORT.—Not later than 1 year after basis for additional appropriations requests and virtue that we all must uphold. I the date of enactment of this Act, the Com- from the National Archives and Records Admin- thank Senator CORNYN for his work on mission shall submit a report to Congress istration in the future. this bill and for his leadership on this (j) TRANSPARENCY.—All meetings of the and the President containing the results of issue. I also thank Senator WHITEHOUSE Commission shall be open to the public, ex- the study under this section, which shall in- who has cosponsored this bill. clude— cept that a meeting, or any portion of it, may be closed to the public if it concerns In addition, I thank the Judiciary (1) a description of the methods identified Committee’s ranking member, Senator by the study; matters or information described in chapter (2) the conclusions and recommendations 552b(c) of title 5, United States Code. Inter- GRASSLEY, for working with me on this of the Commission regarding— ested persons shall be permitted to appear at bill and his help in securing its passage (A) each method identified; and open meetings and present oral or written in the Senate. I commend and thank (B) the charging of fees and granting of statements on the subject matter of the the many open government and FOIA waivers of fees; and meeting. The Commission may administer oaths or affirmations to any person appear- advocacy groups that have supported (3) recommendations for legislative or ad- ing before the Commission. this bill, including ministrative actions to implement the con- (k) TERMINATION.—The Commission shall OpenTheGovernment.org, the Project clusions of the Commission. terminate 30 days after the submission of the on Government Oversight and the Sun- ø(f) STAFF AND ADMINISTRATIVE SUPPORT report under subsection (e). SERVICES.—The Archivist of the United shine in Government Initiative. States shall provide to the Commission such Mr. LEAHY. Mr. President, I com- I hope that the House of Representa- staff and administrative support services, in- mend the Senate for unanimously pass- tives will promptly pass this good gov- cluding research assistance at the request of ing the Faster FOIA Act of 2011. This ernment legislation, so that the Com- the Commission, as necessary for the Com- important bill will establish a bipar- mission on Freedom of Information Act mission to perform its functions efficiently tisan commission to examine the root Processing Delays can begin its work. and in accordance with this section.¿ causes of agency delays in processing Ms. KLOBUCHAR. Mr. President, I (f) STAFF AND ADMINISTRATIVE SUPPORT SERV- Freedom of Information Act—FOIA— ask unanimous consent that the com- ICES.— (1) IN GENERAL.—The Archivist of the United requests, and to recommend to the mittee-reported amendments be agreed States shall provide to the Commission such Congress and the President steps to to, the bill, as amended, be read a third staff and administrative support services, in- help eliminate FOIA backlogs. time and passed, the motions to recon- cluding research assistance at the request of the Senator CORNYN and I first intro- sider be laid upon the table, with no in- Commission, as necessary for the Commission to duced this bill in 2005, because we were tervening action or debate, and that perform its functions efficiently and in accord- concerned about the growing problem any statements relating to the bill be ance with this section. of excessive FOIA delays within our printed in the RECORD. (2) PAYMENT OF EXPENSES.— Federal agencies. During the inter- (A) STAFF SALARIES.—The Archivist of the The PRESIDING OFFICER. Without United States shall pay staff expenses relating vening years, the problem of excessive objection, it is so ordered. to salaries under this subsection from available FOIA delays did not go away. That is The committee amendments were appropriations in the applicable account for sal- why in 2010, we reintroduced this bill agreed to. aries of the National Archives and Records Ad- and the Senate unanimously passed it The bill (S. 627), as amended, was or- ministration. last year. After the Judiciary Commit- dered to be engrossed for a third read- (B) ADMINISTRATIVE SUPPORT SERVICES.—Ex- tee’s hearing in March on FOIA, we re- ing, was read the third time and cept as provided under subparagraph (A), the introduced this bill yet again—with the passed, as follows: Archivist of the United States shall pay staff and administrative expenses under this sub- hope that the Congress will finally S. 627 section from available appropriations in the op- enact this good government legisla- Be it enacted by the Senate and House of Rep- erating expenses account of the National Ar- tion. Today, the Senate is doing its resentatives of the United States of America in chives and Records Administration. part to achieve that goal. Congress assembled, (3) APPROPRIATIONS REQUESTS.—Expenses While the Obama administration has SECTION 1. COMMISSION ON FREEDOM OF IN- paid under this subsection shall not form the made significant progress in improving FORMATION ACT PROCESSING basis for additional appropriations requests the FOIA process, large backlogs re- DELAYS. from the National Archives and Records Admin- main a major roadblock to public ac- (a) SHORT TITLE.—This Act may be cited as istration in the future. the ‘‘Faster FOIA Act of 2011’’. (g) INFORMATION.—To the extent permitted cess to information. A recent report re- (b) ESTABLISHMENT.—There is established by law, the heads of executive agencies, the leased by the National Security Ar- the Commission on Freedom of Information Government Accountability Office, and the chive found that only about half of the Act Processing Delays (in this Act referred Congressional Research Service shall provide Federal agencies surveyed have taken to as the ‘‘Commission’’ for the purpose of to the Commission such information as the concrete steps to update their FOIA conducting a study relating to methods to Commission may require to carry out its policies in light of these reforms. These help reduce delays in processing requests functions. delays are simply unacceptable. The bi- submitted to Federal agencies under section (h) COMPENSATION OF MEMBERS.—Members 552 of title 5, United States Code (commonly of the Commission shall serve without com- partisan FOIA commission established referred to as the ‘‘Freedom of Information pensation for services performed for the by this bill will help to reverse this Act’’). Commission. trend. (c) MEMBERSHIP.— ø(i) TRAVEL EXPENSES.—The members of The commission created by the Fast- (1) IN GENERAL.—The Commission shall be the Commission shall be allowed travel ex- er FOIA Act will make key rec- composed of 12 members of whom—

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3460 CONGRESSIONAL RECORD — SENATE May 26, 2011 (A) 2 shall be appointed by the chairman of (B) the charging of fees and granting of from further consideration of S. Con. the Committee on the Judiciary of the Sen- waivers of fees; and Res. 4 and that the Senate proceed to ate; (3) recommendations for legislative or ad- its immediate consideration. (B) 2 shall be appointed by the ranking ministrative actions to implement the con- The PRESIDING OFFICER. Without member of the Committee on the Judiciary clusions of the Commission. of the Senate; (f) STAFF AND ADMINISTRATIVE SUPPORT objection, it is so ordered. (C) 2 shall be appointed by the chairman of SERVICES.— The clerk will report the concurrent the Committee on Government Reform of (1) IN GENERAL.—The Archivist of the resolution by title. the House of Representatives; United States shall provide to the Commis- The bill clerk read as follows: (D) 2 shall be appointed by the ranking sion such staff and administrative support A resolution (S. Con. Res. 4) expressing the member of the Committee on Government services, including research assistance at the sense of Congress that an appropriate site on Reform of the House of Representatives; request of the Commission, as necessary for Chaplains Hill in Arlington National Ceme- (E) 1 shall be appointed by the Attorney the Commission to perform its functions effi- tery should be provided for a memorial General of the United States; ciently and in accordance with this section. marker to honor the memory of the Jewish (F) 1 shall be appointed by the Director of (2) PAYMENT OF EXPENSES.— chaplains who died while on active duty in the Office of Management and Budget; (A) STAFF SALARIES.—The Archivist of the the Armed Forces of the United States. (G) 1 shall be appointed by the Archivist of United States shall pay staff expenses relat- the United States; and ing to salaries under this subsection from There being no objection, the Senate (H) 1 shall be appointed by the Comptroller available appropriations in the applicable ac- proceeded to consider the concurrent General of the United States. count for salaries of the National Archives resolution. (2) QUALIFICATIONS OF CONGRESSIONAL AP- and Records Administration. Mrs. MURRAY. Mr. President, I POINTEES.—Of the 2 appointees under each of (B) ADMINISTRATIVE SUPPORT SERVICES.— would like to take a moment to speak subparagraphs (A), (B), (C), and (D) of para- Except as provided under subparagraph (A), on the passage of S. Con. Res. 4, as graph (1) at least 1 shall have experience as the Archivist of the United States shall pay amended, which would allow for the es- a FOIA requestor, or in the fields of library staff and administrative expenses under this tablishment of a Jewish Chaplains Me- science, information management, or public subsection from available appropriations in access to Government information. the operating expenses account of the Na- morial on Chaplains Hill in Arlington (3) TIMELINESS OF APPOINTMENTS.—Appoint- tional Archives and Records Administration. National Cemetery. ments to the Commission shall be made as (3) APPROPRIATIONS REQUESTS.—Expenses Since their inclusion in the Chaplain expeditiously as possible, but not later than paid under this subsection shall not form the Corps in 1862, Jewish Chaplains have 60 days after the date of enactment of this basis for additional appropriations requests played a vital role in supporting mem- Act. from the National Archives and Records Ad- bers of the Armed Forces. In Arlington (d) STUDY.—The Commission shall conduct ministration in the future. National Cemetery, Chaplains Hill (g) INFORMATION.—To the extent permitted a study to— serves as a memorial for military chap- (1) identify methods that— by law, the heads of executive agencies, the Government Accountability Office, and the lains who have died in service to their (A) will help reduce delays in the proc- country. essing of requests submitted to Federal agen- Congressional Research Service shall provide cies under section 552 of title 5, United to the Commission such information as the Chaplains play a critical role in the States Code; and Commission may require to carry out its lives of our Nation’s soldiers, providing (B) ensure the efficient and equitable ad- functions. spiritual guidance and emotional sup- ministration of that section throughout the (h) COMPENSATION OF MEMBERS.—Members port in their times of need. In addition Federal Government; of the Commission shall serve without com- to their spiritual role, chaplains still pensation for services performed for the (2) examine whether the system for charg- remain a part of the military and give ing fees and granting waivers of fees under Commission. (i) TRAVEL EXPENSES.— their lives in the line of duty. section 552 of title 5, United States Code, (1) IN GENERAL.—The members of the Com- Mr. President, in particular, one needs to be reformed in order to reduce mission shall be allowed travel expenses, in- delays in processing requests; and story poignantly tells of the service cluding per diem in lieu of subsistence, at (3) examine and determine— and sacrifice that chaplains make on rates authorized for employees of agencies (A) why the Federal Government’s use of behalf of their fellow servicemembers. under subchapter I of chapter 57 of title 5, the exemptions under section 552(b) of title 5, On January 23, 1943, the USAT Dor- United States Code, while away from their United States Code, increased during fiscal homes or regular places of business in the chester was attacked by an enemy sub- year 2009; performance of services for the Commission. marine while off the coast of New- (B) the reasons for any increase, including (2) PAYMENT OF EXPENSES.—The Adminis- foundland. Four Army chaplains re- whether the increase was warranted and trator of General Services shall pay travel mained on the sinking vessel ensuring whether the increase contributed to FOIA expenses under this subsection from avail- processing delays; that surviving crew members would be able appropriations in the operating ex- (C) what efforts were made by Federal able to reach the lifeboats, even sur- penses account of the General Services Ad- agencies to comply with President Obama’s rendering their own lifejackets to ministration. January 21, 2009 Presidential Memorandum crewmembers in need. As the ship (3) APPROPRIATIONS REQUESTS.—Expenses on Freedom of Information Act Requests and paid under this subsection shall not form the began to sink, the chaplains banded to- whether those efforts were successful; basis for additional appropriations requests gether to pray for the safety of the (D) any recommendations on how the use from the National Archives and Records Ad- crew. In honor of that selfless act, Con- of exemptions under section 552(b) of title 5, ministration in the future. gress created the Chaplain’s Medal of United States Code, may be limited; and (j) TRANSPARENCY.—All meetings of the Honor, also known as the Four Chap- (E)(i) whether any disparities in proc- Commission shall be open to the public, ex- essing, processing times, and completeness lains Medal. One of the chaplains was cept that a meeting, or any portion of it, Rabbi Alexander D. Goode, a lieutenant of responses to FOIA requestors have oc- may be closed to the public if it concerns curred based upon political considerations, matters or information described in chapter in the Army, who is one of the 13 Jew- ideological viewpoints, the identity of the 552b(c) of title 5, United States Code. Inter- ish Chaplains who would be honored by requestors, affiliation with the media, or af- ested persons shall be permitted to appear at the memorial that this Resolution filiation with advocacy groups; open meetings and present oral or written would establish. (ii) if any disparities have occurred, why statements on the subject matter of the I would like to thank the many such disparities have occurred; and meeting. The Commission may administer groups and individuals involved in this (iii) the extent to which political ap- oaths or affirmations to any person appear- pointees have been involved in the FOIA project. Specifically, I would like to ing before the Commission. acknowledge the efforts of Rabbi Har- process. (k) TERMINATION.—The Commission shall (e) REPORT.—Not later than 1 year after terminate 30 days after the submission of the old Robinson, RADM CHC USN Re- the date of enactment of this Act, the Com- report under subsection (e). tired, Kenneth Kraetzer, Mr. Sol mission shall submit a report to Congress f Moglen and Ms. Shelley Rood. Without and the President containing the results of the work of these dedicated individ- the study under this section, which shall in- APPROPRIATE SITING ON CHAP- uals, the sacrifice Jewish Chaplains clude— LAINS HILL IN ARLINGTON CEM- have made on behalf of this Nation (1) a description of the methods identified ETERY by the study; would remain unmemorialized in Ar- (2) the conclusions and recommendations Ms. KLOBUCHAR. Mr. President, I lington National Cemetery. of the Commission regarding— ask unanimous consent that the Vet- Ms. KLOBUCHAR. I ask unanimous (A) each method identified; and erans’ Affairs Committee be discharged consent that the Murray amendment,

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3461 which is at the desk, be agreed to, the Whereas Army Chaplain Rabbi Nachman to finding a cure for cancer, and designating concurrent resolution, as amended, be Arnoff died in service of his faith and his May 2011, as ‘‘National Cancer Research agreed to, the preamble be agreed to, country on May 9, 1946; Month.’’ the motions to reconsider be laid upon Whereas Army Chaplain Rabbi Frank Gold- enberg died in service of his faith and his There being no objection, the Senate the table, with no intervening action country on May 22, 1946; proceeded to consider the resolution. or debate, and any statements be print- Whereas Army Chaplain Rabbi Henry Ms. KLOBUCHAR. Mr. President, I ed in the RECORD. Goody died in service of his faith and his ask unanimous consent that Senator The PRESIDING OFFICER. Without country on October 19, 1943; objection, it is so ordered. Whereas Army Chaplain Rabbi Samuel CARDIN be added as a cosponsor. The amendment (No. 388) was agreed Hurwitz died in service of his faith and his The PRESIDING OFFICER. Without to as follows: country December 9, 1943; objection, it is so ordered. Whereas Air Force Chaplain Rabbi Samuel (Purpose: To express the sense of Congress Ms. KLOBUCHAR. Mr. President, I on the establishment of an advisory com- Rosen died in service of his faith and his mission on memorials at Arlington Na- country on May 13, 1955; further ask unanimous consent that tional Cemetery and facilitate evaluation Whereas Air Force Chaplain Rabbi David the resolution be agreed to, the pre- and approval of future monuments and me- Sobel died in service of his faith and his amble be agreed to, the motions to re- morials at the cemetery) country on March 7, 1974; consider be laid upon the table, with no In the resolving clause, insert before the Whereas Chaplains Hill in Arlington Na- intervening action or debate, and any period at the end the following: ‘‘and that, in tional Cemetery memorializes the names of statements related to the resolution be 242 chaplains who perished while on active order to preserve, protect, and maintain the printed in the RECORD. limited amount of space available at Arling- duty in the Armed Forces of the United ton National Cemetery and ensure that fu- States; and The PRESIDING OFFICER. Without ture proposals for commemorative works are Whereas none of the 13 Jewish chaplains objection, it is so ordered. who have died while on active duty are me- appropriately designed, constructed, and lo- The resolution (S. Res. 172) was cated and reflect a consensus of the lasting morialized on Chaplains Hill: Now, therefore, national significance of the subjects in- be it agreed to. volved, the President of the United States, Resolved by the Senate (the House of Rep- The preamble was agreed to. as Commander in Chief, should establish an resentatives concurring), That it is the sense Arlington National Cemetery Memorial Ad- of Congress that an appropriate site on Chap- The resolution, with its preamble, visory Commission and procedures for the lains Hill in Arlington National Cemetery reads as follows: should be provided for a memorial marker, evaluation and approval of new monuments S. RES. 172 and memorials comparable to those in chap- to be paid for with private funds, to honor ter 89 of title 40, United States Code (com- the memory of the Jewish chaplains who Whereas in 2011, cancer remains one of the monly referred to as the ‘Commemorative died while on active duty in the Armed most pressing public health concerns in the Works Act’)’’. Forces of the United States, so long as the United States, with 1,500,000 Americans ex- Secretary of the Army has exclusive author- pected to be diagnosed with cancer and more The concurrent resolution (S. Con. ity to approve the design and site of the me- than 500,000 expected to die from the disease; Res. 4), as amended, was agreed to. morial marker and that, in order to preserve, Whereas the term ‘‘cancer’’ refers to more The preamble was agreed to. protect, and maintain the limited amount of than 200 diseases that collectively represent The concurrent resolution, as amend- space available at Arlington National Ceme- the leading cause of death for Americans ed with its preamble, reads as follows: tery and ensure that future proposals for under age 85, and the second leading cause of S. CON. RES. 4 commemorative works are appropriately de- death for Americans overall; Whereas 13 Jewish chaplains have died signed, constructed, and located and reflect a Whereas the national investment in cancer while on active duty in the Armed Forces of consensus of the lasting national signifi- research has yielded substantial returns in the United States; cance of the subjects involved, the President research advances and lives saved, with a Whereas Army Chaplain Rabbi Alexander of the United States, as Commander in Chief, scholarly estimate that every 1 percent de- Goode died on February 3, 1943, when the should establish an Arlington National Cem- cline in cancer mortality saves the United USS Dorchester was sunk by German tor- etery Memorial Advisory Commission and States economy $500,000,000,000; pedoes off the coast of Greenland; procedures for the evaluation and approval Whereas advancements in the under- Whereas Chaplain Goode received the Four of new monuments and memorials com- standing of the causes, mechanisms, diag- Chaplains’ Medal for Heroism and the Distin- parable to those in chapter 89 of title 40, nosis, treatment, and prevention of cancer guished Service Cross for his heroic efforts United States Code (commonly referred to as have led to cures for many types of cancers to save the lives of those onboard the Dor- the ‘‘Commemorative Works Act’’). and have converted other types of cancers chester; Ms. KLOBUCHAR. Mr. President, I into manageable chronic conditions; Whereas Army Chaplain Rabbi Irving Whereas the 5-year survival rate for all suggest the absence of a quorum. cancers has improved during the 30 years Tepper was killed in action in France on Au- The PRESIDING OFFICER. The gust 13, 1944; prior to the date of approval of this resolu- clerk will call the roll. tion to more than 65 percent, and as of 2011, Whereas Chaplain Tepper also saw combat The bill clerk proceeded to call the in Morocco, Tunisia, and Sicily while at- there are more than 12,000,000 cancer sur- tached to an infantry combat team in the roll. vivors living in the United States; Ninth Division; Ms. KLOBUCHAR. Mr. President, I Whereas partnerships with research sci- Whereas Army Chaplain Rabbi Louis ask unanimous consent that the order entists and the general public, survivors and Werfel died on December 24, 1944, at the for the quorum call be rescinded. patient advocates, philanthropic organiza- young age of 27, in a plane crash while en The PRESIDING OFFICER. Without tions, industry, and Federal, State, and local route to conduct Chanukah services; objection, it is so ordered. governments have led to advanced break- Whereas Chaplain Werfel was known as throughs, early detection tools that have in- f ‘‘The Flying Rabbi’’ because his duties re- creased survival rates, and a better quality quired traveling great distances by plane to NATIONAL CANCER RESEARCH of life for cancer survivors; and serve Army personnel of Jewish faith at out- MONTH Whereas advances in cancer research have lying posts; had significant implications for the treat- Whereas Army Chaplain Rabbi Meir Engel Ms. KLOBUCHAR. Mr. President, I ment of other costly diseases such as diabe- died at the Naval Hospital in Saigon on De- ask unanimous consent that the HELP tes, heart disease, Alzheimer’s disease, HIV/ cember 16, 1964, after faithfully serving his Committee be discharged from further AIDS, and macular degeneration: Now, country during World War II, the Korean consideration of S. Res. 172 and the therefore, be it War, and the Vietnam War; Senate proceed to its immediate con- Resolved, That the Senate— Whereas Army Chaplain Rabbi Morton sideration. (1) recognizes the importance of cancer re- Singer died on December 17, 1968, in a plane The PRESIDING OFFICER. Without search and the invaluable contributions of crash while on a mission in Vietnam to con- objection, it is so ordered. the researchers in the United States and duct Chanukah services; worldwide and who are dedicated to revers- Whereas Army Chaplain Rabbi Herman The clerk will report the resolution ing the cancer epidemic; Rosen died in service of his faith and his by title. (2) designates May 2011 as ‘‘National Can- country on June 18, 1943; The bill clerk read as follows: cer Research Month’’; and Whereas Chaplain Rabbi Herman Rosen’s A resolution (S. Res. 172) recognizing the (3) supports efforts to make cancer re- son, Air Force Chaplain Solomon Rosen, also importance of cancer research and the con- search a national and international priority died in service of his faith and his country, tributions made by scientists and clinicians so that one day the more than 200 diseases on November 2, 1948; across the United States who are dedicated known as cancer are eliminated.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3462 CONGRESSIONAL RECORD — SENATE May 26, 2011 NATIONAL FOSTER CARE MONTH Whereas the number of youth who ‘‘age The preamble was agreed to. out’’ of foster care has steadily increased for The resolution, with its preamble, Ms. KLOBUCHAR. Mr. President, I the past decade; reads as follows: ask unanimous consent that the Sen- Whereas children who ‘‘age out’’ of foster S. RES. 204 ate proceed to S. Res. 203, submitted care lack the security or support of a bio- earlier today. logical or adoptive family and frequently Whereas food insecurity and hunger are a fact of life for millions of individuals in the The PRESIDING OFFICER. The struggle to secure affordable housing, obtain health insurance, pursue higher education, United States and can produce physical, clerk will report the resolution by mental, and social impairments; title. and acquire adequate employment; Whereas on average, 8.5 percent of the posi- Whereas recent data published by the De- The bill clerk read as follows: tions in child protective services remain va- partment of Agriculture show that approxi- mately 50,200,000 individuals in the United A resolution (S. Res. 203) recognizing ‘‘Na- cant; States live in households experiencing hun- tional Foster Care Month’’ as an opportunity Whereas due to heavy caseloads and lim- ger or food insecurity, and of that number, to raise awareness about the challenges of ited resources, the average tenure for a 33,000,000 are adults and 17,200,000 are chil- children in the foster care system, and en- worker in child protection services is just 3 dren; couraging Congress to implement policy to years; Whereas the Department of Agriculture improve the lives of children in the foster Whereas States, localities, and commu- data also show that households with children care system. nities should be encouraged to invest re- experience nearly twice the rate of food inse- sources in preventative and reunification There being no objection, the Senate curity as those households without children; services and post-permanency programs to proceeded to consider the resolution. Whereas 4.8 percent of all households in ensure that more children in foster care are the United States (approximately 5,600,000 Ms. KLOBUCHAR. Mr. President, I provided with safe, loving, and permanent ask unanimous consent that the reso- households) have accessed emergency food placements; from a food pantry 1 or more times; lution be agreed to, the preamble be Whereas the Fostering Connections to Suc- Whereas the report entitled ‘‘Household agreed to, the motions to reconsider be cess and Increasing Adoptions Act of 2008 Food Security in the United States, 2009’’ laid upon the table, with no inter- (Public Law 110-351; 122 Stat. 3949) provides and published by the Economic Research vening action or debate, and any state- for new investments and services to improve Service of the Department of Agriculture ments relating to the matter be print- the outcomes of children and families in the found that in 2009, the most recent year for foster care system; and ed in the RECORD. which data exist— Whereas much remains to be done to en- (1) 14.7 percent of all households in the The PRESIDING OFFICER. Without sure that all children have a safe, loving, United States experienced food insecurity at objection, it is so ordered. nurturing, and permanent family, regardless some point during the year; The resolution (S. Res. 203) was of age or special needs: Now, therefore, be it (2) 21.3 percent of all households with chil- agreed to. Resolved, That the Senate— dren in the United States experienced food The preamble was agreed to. (1) recognizes ‘‘National Foster Care insecurity at some point during the year; Month’’ as an opportunity to raise awareness and The resolution, with its preamble, about the challenges that children in the fos- (3) 7.5 percent of all households with elder- reads as follows: ter care system face; ly individuals in the United States experi- S. RES. 203 (2) encourages Congress to implement pol- enced food insecurity at some point during Whereas ‘‘National Foster Care Month’’ icy to improve the lives of children in the the year; was established more than 20 years ago to foster care system; Whereas the problem of hunger and food bring foster care issues to the forefront, to (3) supports the designation of May as ‘‘Na- insecurity can be found in rural, suburban, highlight the importance of permanency for tional Foster Care Month’’; and urban portions of the United States, every child, and to recognize the essential (4) acknowledges the special needs of chil- touching nearly every community of the role that foster parents, social workers, and dren in the foster care system; United States; advocates have in the lives of children in fos- (5) honors the commitment and dedication Whereas, although substantial progress has ter care throughout the United States; of the individuals who work tirelessly to pro- been made in reducing the incidence of hun- Whereas all children deserve a safe, loving, vide assistance and services to children in ger and food insecurity in the United States, and permanent home; the foster care system; and many Americans remain vulnerable to hun- Whereas the primary goal of the foster (6) reaffirms the need to continue working ger and the negative effects of food insecu- care system is to ensure the safety and well- to improve the outcomes of all children in rity; being of children while working to provide a the foster care system through title IV of Whereas the people of the United States safe, loving, and permanent home for each the Social Security Act (42 U.S.C. 601 et seq.) have a long tradition of providing food as- child; and other programs designed to help children sistance to hungry individuals through acts Whereas there are approximately 420,000 in the foster care system reunite with their of private generosity and public support pro- children living in foster care; biological parents or, if the children cannot grams; Whereas there are 115,000 children in foster be reunited with their biological parents, Whereas the Federal Government provides care awaiting adoption; find permanent, safe, and loving homes. nutritional support to millions of individuals Whereas 57,000 children are adopted out of f through numerous Federal food assistance foster care each year; programs, including— NATIONAL HUNGER AWARENESS (1) the supplemental nutrition assistance Whereas children of color are more likely program established under the Food and Nu- to stay in the foster care system for longer DAY trition Act of 2008 (7 U.S.C. 2011 et seq.); periods of time and are less likely to be re- Ms. KLOBUCHAR. Mr. President, I (2) the child nutrition program established united with their biological families; ask unanimous consent that the Sen- under the Richard B. Russell National Whereas the number of available foster ate proceed to S. Res. 204, submitted School Lunch Act (42 U.S.C. 1751 et seq.); homes is declining, and there are only 2.8 earlier today. (3) the special supplemental nutrition pro- foster homes for every 10 children in foster The PRESIDING OFFICER. The gram for women, infants, and children estab- care; clerk will report. lished by section 17 of the Child Nutrition Whereas children entering foster care often The bill clerk read as follows: Act of 1966 (42 U.S.C. 1786); confront the widespread misperception that (4) the emergency food assistance program children in foster care are disruptive, unruly, A resolution (S. Res. 204) designating June established under the Emergency Food As- and dangerous, even though placement in 7, 2011, as ‘‘National Hunger Awareness sistance Act of 1983 (7 U.S.C. 7501 et seq.); foster care is based on the actions of a par- Day.’’ and ent or guardian, not the child; There being no objection, the Senate (5) food donation programs; Whereas foster care is intended to be a proceeded to consider the resolution. Whereas there is a growing awareness of temporary placement, but children remain Ms. KLOBUCHAR. Mr. President, I the important role that community-based in the foster care system for an average of 2 ask unanimous consent that the reso- organizations, institutions of faith, and years; lution be agreed to, the preamble be charities play in assisting hungry and food- Whereas children in foster care experience agreed to, the motions to reconsider be insecure individuals; an average of 3 different placements, which laid upon the table, with no inter- Whereas more than 50,000 local, commu- often leads to disruption of routines, and the nity-based organizations rely on the support need to change schools and move away from vening action or debate, and that any and efforts of more than 1,000,000 volunteers siblings, extended families, and familiar sur- statements be printed in the RECORD. to provide food assistance and services to roundings; The PRESIDING OFFICER. Without millions of vulnerable people; and Whereas more than 29,000 youth ‘‘age out’’ objection, it is so ordered. Whereas all people of the United States of foster care without a legal permanent con- The resolution (S. Res. 204) was can participate in hunger relief efforts in nection to an adult or family; agreed to. their communities by—

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3463 (1) donating food and money to hunger re- Thursday, May 26, through Friday, DEPARTMENT OF THE TREASURY lief efforts; June 3, the majority leader, Senator Daniel L. Glaser, of the District of Colum- (2) volunteering for hunger relief efforts; KLOBUCHAR, and Senator WEBB be au- bia, to be Assistant Secretary for Terrorist and thorized to sign duly enrolled bills or Financing, Department of the Treasury. (3) supporting public policies aimed at re- EXPORT-IMPORT BANK OF THE UNITED STATES ducing hunger: Now, therefore, be it joint resolutions. Resolved, That the Senate— The PRESIDING OFFICER. Without Wanda Felton, of New York, to be First (1) designates June 7, 2011, as ‘‘National objection, it is so ordered. Vice President of the Export-Import Bank of Hunger Awareness Day’’; and Ms. KLOBUCHAR. Mr. President, I the United States for a term expiring Janu- (2) calls on the people of the United States note the absence of a quorum. ary 20, 2013. Sean Robert Mulvaney, of Illinois, to be a to observe National Hunger Awareness Day— The PRESIDING OFFICER. The (A) with appropriate ceremonies, volunteer Member of the Board of Directors of the Ex- clerk will call the roll. port-Import Bank of the United States for a activities, and other support for local anti- The bill clerk proceeded to call the hunger advocacy efforts and hunger relief term expiring January 20, 2015. charities, including food banks, food rescue roll. DEPARTMENT OF STATE organizations, food pantries, soup kitchens, Ms. KLOBUCHAR. Mr. President, I George Albert Krol, of New Jersey, a Ca- and emergency shelters; and ask unanimous consent that the order reer Member of the Senior Foreign Service, (B) by continuing to support programs and for the quorum call be rescinded. Class of Minister-Counselor, to be Ambas- public policies that reduce hunger and food The PRESIDING OFFICER. Without sador Extraordinary and Plenipotentiary of insecurity in the United States. objection, it is so ordered. the United States of America to the Republic of Uzbekistan. f f Daniel Benjamin Shapiro, of Illinois, to be MEASURE READ THE FIRST EXECUTIVE SESSION Ambassador Extraordinary and Pleni- TIME—S. 1125 potentiary of the United States of America Ms. KLOBUCHAR. Mr. President, I to Israel. EXECUTIVE CALENDAR Henry S. Ensher, of California, a Career understand that S. 1125, introduced Member of the Senior Foreign Service, Class earlier today by Senator LEAHY, is at Ms. KLOBUCHAR. Mr. President, I of Counselor, to be Ambassador Extraor- the desk. I ask for its first reading. ask unanimous consent that the Sen- dinary and Plenipotentiary of the United The PRESIDING OFFICER. The ate proceed to executive session to con- States of America to the People’s Demo- clerk will report. sider the following nominations: Cal- cratic Republic of Algeria. The bill clerk read as follows: endar Nos. 49, 97, 106, 107, 111, 121, 122, Stuart E. Jones, of Virginia, a Career Member of the Senior Foreign Service, Class A bill (S. 1125) to improve national secu- 123, 124, 125, 126, 127, 131, 132, 133, 134, of Minister-Counselor, to be Ambassador Ex- rity letters, the authorities under the For- 135, 136, 137, 138, 139, 140, 141, 142, 143, traordinary and Plenipotentiary of the eign Intelligence Surveillance Act of 1978, 144, 146, 147, 148, 149, 150, 151, 152, 153, United States of America to the Hashemite and for other purposes. 154, 155, 156, 157, 158, 159, 160, 161, 162, Kingdom of Jordan. Ms. KLOBUCHAR. I now ask for its 163, 164, 165, 166, 167, 168; and nomina- UNITED STATES ADVISORY COMMISSION ON second reading and object to my own tions placed on the Secretary’s desk in PUBLIC DIPLOMACY request. the Air Force, Army, Coast Guard, For- Sim Farar, of California, to be a Member of The PRESIDING OFFICER. Objec- eign Service, Marine Corps, Navy, and the United States Advisory Commission on tion is heard. The bill will be read the Public Health Service, with the excep- Public Diplomacy for a term expiring July 1, second time on the next legislative tion of: Kenia P. Altamirano, Rebecca 2012. day. M. Kibel, Timothy N. Onserio, Justin William J. Hybl, of Colorado, to be a Mem- R. Plott, Brandy Torres; that the nomi- ber of the United States Advisory Commis- f sion on Public Diplomacy for a term expiring nations be confirmed en bloc, the mo- APPOINTMENT July 1, 2012. tions to reconsider be considered made NATIONAL SCIENCE FOUNDATION The PRESIDING OFFICER. The and laid upon the table with no inter- Chair, on behalf of the Republican vening action or debate; that no fur- Cora B. Marrett, of Wisconsin, to be Dep- leader, after consultation with the uty Director of the National Science Foun- ther motions be in order to any of the dation. Chairman of the Select Committee on nominations; that any statements re- Intelligence of the Senate, and pursu- NATIONAL FOUNDATION ON THE ARTS AND THE lated to the nominations be printed in HUMANITIES ant to the provisions of Public Law the RECORD; that the President be im- 107–306, as amended by Public Law 111– Martha Wagner Weinberg, of Massachu- mediately notified of the Senate’s ac- setts, to be a Member of the National Coun- 259, announces the appointment of the tion, and the Senate resume legislative cil on the Humanities for a term expiring following individual to serve as a mem- session. January 26, 2016. ber of the National Commission for the The PRESIDING OFFICER. Without Paula Barker Duffy, of Illinois, to be a Review of the Research and Develop- objection, it is so ordered. Member of the National Council on the Hu- ment Programs of the United States The nominations were considered and manities for a term expiring January 26, Intelligence Community: John H. confirmed en bloc as follows: 2016. Young, of Virginia. Cathy N. Davidson, of North Carolina, to DEPARTMENT OF DEFENSE be a Member of the National Council on the f Jo Ann Rooney, of Massachusetts, to be Humanities for a term expiring January 26, APPOINTMENT AUTHORITY Principal Deputy Under Secretary of Defense 2016. for Personnel and Readiness. Constance M. Carroll, of California, to be a Ms. KLOBUCHAR. Mr. President, I IN THE AIR FORCE Member of the National Council on the Hu- ask unanimous consent that from Fri- The following named officer for appoint- manities for a term expiring January 26, day, May 27, through Friday, June 3, ment in the United States Air Force to the 2016. the President of the Senate, the Presi- grade indicated while assigned to a position Albert J. Beveridge III, of the District of dent pro tempore, and the majority and of importance and responsibility under title Columbia, to be a Member of the National minority leaders be authorized to make 10, U.S.C., section 601: Council on the Humanities for a term expir- ing January 26, 2016. appointments to commissions, commit- To be lieutenant general NATIONAL COUNCIL ON DISABILITY tees, boards, conferences, or inter- Maj. Gen. David L. Goldfein Clyde E. Terry, of New Hampshire, to be a parliamentary conferences authorized DEPARTMENT OF VETERANS AFFAIRS by law, by concurrent action of the two Member of the National Council on Dis- Allison A. Hickey, of Virginia, to be Under ability for a term expiring September 17, Houses, or by order of the Senate. Secretary for Benefits of the Department of 2013. The PRESIDING OFFICER. Without Veterans Affairs. Janice Lehrer-Stein, of California, to be a objection, it is so ordered. Steve L. Muro, of California, to be Under Member of the National Council on Dis- f Secretary of Veterans Affairs for Memorial ability for a term expiring September 17, Affairs. 2013. SIGNING AUTHORITY DEPARTMENT OF JUSTICE UNITED STATES INSTITUTE OF PEACE Ms. KLOBUCHAR. Mr. President, I Denise Ellen O’Donnell, of New York, to be Judith A. Ansley, of Massachusetts, to be a ask unanimous consent that from Director of the Bureau of Justice Assistance. Member of the Board of Directors of the

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3464 CONGRESSIONAL RECORD — SENATE May 26, 2011 United States Institute of Peace for the re- indicated while assigned to a position of im- The following named officer for appoint- mainder of the term expiring September 19, portance and responsibility under title 10, ment to the grade of lieutenant general in 2011. U.S.C., section 601: the United States Marine Corps while as- Judith A. Ansley, of Massachusetts, to be a To be vice admiral signed to a position of importance and re- Member of the Board of Directors of the sponsibility under title 10, U.S.C., section Rear Adm. David H. Buss United States Institute of Peace for a term 601: IN THE AIR FORCE of four years. (Reappointment) To be lieutenant general John A. Lancaster, of New York, to be a The following named officer for appoint- Lt. Gen. George J. Flynn Member of the Board of Directors of the ment in the United States Air Force to the United States Institute of Peace for the re- grade indicated under title 10, U.S.C., section The following named officer for appoint- mainder of the term expiring September 19, 624: ment to the grade of lieutenant general in the United States Marine Corps while as- 2011. To be brigadier general John A. Lancaster, of New York, to be a signed to a position of importance and re- Member of the Board of Directors of the Col. David J. Buck sponsibility under the title 10, U.S.C., sec- United States Institute of Peace for a term The following named officer for appoint- tion 601: of four years. ment in the United States Air Force to the To be lieutenant general grade indicated while assigned to a position NATIONAL SECURITY EDUCATION BOARD Lt. Gen. John R. Allen of importance and responsibility under title Michael E. Guest, of South Carolina, to be The following named officer for appoint- 10, U.S.C., section 601: a Member of the National Security Edu- ment as Commander, Marine Forces Re- cation Board for a term of four years. To be general serves to the grade indicated in the United Ana Margarita Guzman, of Texas, to be a Lt. Gen. Gilmary M. Hostage III States Marine Corps while assigned to a posi- Member of the National Security Education The following named officer for appoint- tion of importance and responsibility under Board for a term of four years. ment in the United States Air Force to the title 10, U.S.C., sections 601 and 5144: Christopher B. Howard, of Virginia, to be a grade indicated while assigned to a position To be lieutenant general Member of the National Security Education of importance and responsibility under title Maj. Gen. Steven A. Hummer Board for a term of four years. 10, U.S.C., section 601: IN THE NAVY IN THE AIR FORCE To be lieutenant general The following named officer for appoint- The following named officer for appoint- Maj. Gen. Mark F. Ramsay ment in the United States Air Force to the ment in the United States Navy to the grade IN THE ARMY grade indicated while assigned to a position indicated while assigned to a position of im- of importance and responsibility under title The following named officer for appoint- portance and responsibility under title 10, U.S.C., section 601: 10, U.S.C., section 601: ment in the Reserve of the Army to the To be vice admiral To be lieutenant general grade indicated under title 10, U.S.C., section 12203: Read Adm. Kendall L. Card Maj. Gen. Brooks L. Bash To be brigadier general The following named officer for appoint- The following Air National Guard of the ment in the United States Navy to the grade United States officer for appointment in the Col. Mark W. Palzer indicated while assigned to a position of im- Reserve of the Air Force to the grade indi- The following Army National Guard of the portance and responsibility under title 10, cated under title 10, U.S.C., sections 12203 United States officer for appointment in the U.S.C., section 601: and 12212: Reserve of the Army to the grade indicated To be vice admiral To be brigadier general under title 10, U.S.C., sections 12203 and 12211: Vice Adm. Robert S. Harward, Jr. Col. David E. Deputy To be major general The following named officer for appoint- The following Air National Guard of the ment in the United States Navy to the grade United States officers for appointment in the Brig. Gen. Gerald E. Lang indicated while assigned to a position of im- Reserve of the Air Force to the grade indi- The following named officer for appoint- portance and responsibility under title 10, cated under title 10, U.S.C., sections 12203 ment in the United States Army to the grade U.S.C., section 601: and 12212: indicated under title 10, U.S.C., sections 624 To be vice admiral To be major general and 3064: To be brigadier general Vice Adm. Mark D. Harnitchek Brig. Gen. James D. Demeritt Brig. Gen. Joseph K. Martin, Jr. Col. Charles R. Bailey NOMINATIONS PLACED ON THE SECRETARY’S DESK The following named officers for appoint- The following Army National Guard of the ment in the United States Air Force to the United States officers for appointment in the IN THE AIR FORCE grade indicated under title 10, U.S.C., section Reserve of the Army to the grades indicated PN222 AIR FORCE nominations (12) begin- 624: under title 10, U.S.C., sections 12203 and ning MICHAEL D. DIETZ, and ending DO- To be major general 12211: REEN F. WILDER, which nominations were To be major general received by the Senate and appeared in the Brigadier General Mark A. Atkinson Congressional Record of February 3, 2011. Brigadier General William J. Bender Brig. Gen. Omer C. Tooley, Jr. PN367 AIR FORCE nominations (516) begin- Brigadier General Brian T. Bishop To be brigadier general ning JAY O. AANRUD, and ending SCOTT C. Brigadier General Christopher C. Bogdan Col. Brian R. Carpenter ZIPPWALD, which nominations were re- Brigadier General Michael J. Carey IN THE MARINE CORPS ceived by the Senate and appeared in the Brigadier General John B. Cooper The following named officers for appoint- Congressional Record of March 30, 2011. Brigadier General Samuel D. Cox PN436 AIR FORCE nominations (3) begin- ment in the United States Marine Corps to Brigadier General Barbara J. Faulkenberry ning MATTHEW J. BRONK, and ending JOY the grade indicated under title 10, U.S.C., Brigadier General Russell J. Handy C. TABER, which nominations were received section 624: Brigadier General Michael A. Keltz by the Senate and appeared in the Congres- Brigadier General Steven L. Kwast To be brigadier general sional Record of May 2, 2011. Brigadier General Frederick H. Martin Colonel Charles G. Chiarotti PN437 AIR FORCE nomination of Paul L. Brigadier General Thomas J. Masiello Colonel David W. Coffman Dandrea, which was received by the Senate Brigadier General Earl D. Matthews Colonel Thomas A. Gorry and appeared in the Congressional Record of Brigadier General Robert P. Otto Colonel Paul J. Kennedy May 2, 2011. Brigadier General John W. Raymond Colonel Joaquin F. Malavet PN493 AIR FORCE nomination of Jeffrey Brigadier General Darryl L. Roberson Colonel Niel E. Nelson A. Bailey, which was received by the Senate Brigadier General Anthony J. Rock Colonel Loretta E. Reynolds and appeared in the Congressional Record of Brigadier General Jay G. Santee Colonel Russell A. Sanborn May 4, 2011. Brigadier General Rowayne A. Schatz, Jr. Colonel George W. Smith, Jr. PN494 AIR FORCE nomination of James A. Brigadier General John F. Thompson Colonel Craig Q. Timberlake Mace, which was received by the Senate and Brigadier General Thomas J. Trask Colonel Mark R. Wise appeared in the Congressional Record of May Brigadier General Joseph S. Ward, Jr. Colonel Daniel D. Yoo 4, 2011. PN495 AIR FORCE nominations (24) begin- Brigadier General Jack Weinstein The following named officer for appoint- ning BERNADETTE A. ANDERSON, and Brigadier General Robert E. Wheeler ment to the grade of lieutenant general in ending DWAYNE B. WILHITE, which nomi- Brigadier General Martin Whelan the United States Marine Corps while as- nations were received by the Senate and ap- Brigadier General Stephen W. Wilson signed to a position of importance and re- sponsibility under title 10, U.S.C., section peared in the Congressional Record of May 4, Brigadier General Tod D. Wolters 2011. 601: IN THE NAVY PN496–1 AIR FORCE nominations (85) be- The following named officer for appoint- To be lieutenant general ginning JEFFERY D. AEBISCHER, and end- ment in the United States Navy to the grade Maj. Gen. Richard P. Mills ing KURT V. WOYAK, which nominations

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3465 were received by the Senate and appeared in PN200 NAVY nomination of Fernando Har- PN561 NAVY nomination of Kirk R. Pars- the Congressional Record of May 4, 2011. ris, which was received by the Senate and ap- ley, which was received by the Senate and PN498 AIR FORCE nominations (112) begin- peared in the Congressional Record of Feb- appeared in the Congressional Record of May ning LA RITA S. ABEL, and ending MI- ruary 2, 2011. 18, 2011. CHAEL J. ZENK, which nominations were PN205 NAVY nomination of Stephen K. PN562 NAVY nomination of Christian F. received by the Senate and appeared in the Revelas, which was received by the Senate Jensen, which was received by the Senate Congressional Record of May 4, 2011 and appeared in the Congressional Record of and appeared in the Congressional Record of PN519 AIR FORCE nomination of Peter J. February 2, 2011. May 18, 2011. Avalos, which was received by the Senate PN240 NAVY nomination of Bradley S. PN563 NAVY nomination of Joseph M. and appeared in the Congressional Record of Hawksworth, which was received by the Sen- Holt, which was received by the Senate and May 9, 2011. ate and appeared in the Congressional appeared in the Congressional Record of May IN THE ARMY Record of February 3, 2011. 18, 2011. PN288 NAVY nomination of Douglas L. PN438 ARMY nominations (14) beginning PUBLIC HEALTH SERVICE WITH EXCEPTIONS Edson, which was received by the Senate and KEITH W. ALFEIRI, and ending DIANA appeared in the Congressional Record of Feb- PN527 PUBLIC HEALTH SERVICE nomi- TORRES, which nominations were received ruary 28, 2011. nations (68) beginning Manisha Patel, and by the Senate and appeared in the Congres- PN329 NAVY nomination of Stephen J. ending Christopher M. Sheehan, which nomi- sional Record of May 2, 2011. Parks, which was received by the Senate and nations were received by the Senate and ap- PN460 ARMY nominations (6) beginning appeared in the Congressional Record of peared in the Congressional Record of May MARK J. BERGLUND, and ending MICHAEL March 9, 2011. 11, 2011. S. SARVER, which nominations were re- PN330 NAVY nomination of Hung Cao, PN528 PUBLIC HEALTH SERVICE nomi- ceived by the Senate and appeared in the which was received by the Senate and ap- nations (258) beginning Alice Y. Guh, and Congressional Record of May 2, 2011. peared in the Congressional Record of March ending Ukegbu J. Ugochi, which nominations PN499 ARMY nomination of Michael P. 9, 2011. were received by the Senate and appeared in Harry, which was received by the Senate and PN425 NAVY nomination of Tracy T. the Congressional Record of May 11, 2011. appeared in the Congressional Record of May Skipton, which was received by the Senate 4, 2011. and appeared in the Congressional Record of f PN500 ARMY nominations (989) beginning April 8, 2011. JOSEPH L. AARON, JR., and ending JO- PN439 NAVY nomination of David T. Car- LEGISLATIVE SESSION SEPH V. ZULKEY, which nominations were penter, which was received by the Senate received by the Senate and appeared in the and appeared in the Congressional Record of The PRESIDING OFFICER. The Sen- Congressional Record of May 4, 2011. May 2, 2011. ate will now return to legislative ses- PN521 ARMY nominations (679) beginning PN440 NAVY nomination of Brent J. Kyler, sion. CHARLES M. ABEYAWARDENA, and ending which was received by the Senate and ap- G001231, which nominations were received by peared in the Congressional Record of May 2, f the Senate and appeared in the Congres- 2011. sional Record of May 9, 2011. PN441 NAVY nomination of Peter W. Ward, ORDERS FOR FRIDAY, MAY 27; PN522 ARMY nominations (565) beginning which was received by the Senate and ap- LISA M. ABEL, and ending CODY L. ZACH, peared in the Congressional Record of May 2, TUESDAY, MAY 31; FRIDAY, JUNE which nominations were received by the Sen- 2011. 3; AND MONDAY, JUNE 6, 2011 ate and appeared in the Congressional PN442 NAVY nomination of Pablito V. Ms. KLOBUCHAR. Mr. President, I Record of May 9, 2011. Quiatchon, which was received by the Senate ask unanimous consent that when the IN THE COAST GUARD and appeared in the Congressional Record of Senate completes its business today, it PN419 COAST GUARD nomination of Wil- May 2, 2011. PN443 NAVY nomination of Robert H. adjourn until 9:30 a.m. on Friday, May liam C. Dwyer, which was received by the 27, for a pro forma session only, with Senate and appeared in the Congressional Buckingham, which was received by the Sen- Record of April 8, 2011. ate and appeared in the Congressional no business conducted; that when the PN420 COAST GUARD nominations (5) be- Record of May 2, 2011. Senate adjourns on Friday, May 27, it ginning Jessica L. Bohn, and ending Jeremy PN445 NAVY nomination of Bryan F. But- stand adjourned until 10 a.m. on Tues- A. Weiss, which nominations were received ler, which was received by the Senate and day, May 31, for a pro forma session by the Senate and appeared in the Congres- appeared in the Congressional Record of May only, with no business conducted; that sional Record of April 8, 2011. 2, 2011. PN459 NAVY nominations (31) beginning when the Senate adjourns on Tuesday, IN THE FOREIGN SERVICE WILLIAM H. ALBERT, and ending MI- May 31, it stand adjourned until 10:30 PN308 FOREIGN SERVICE nominations (9) CHAEL WITHERILL, which nominations a.m. on Friday, June 3, for a pro forma beginning Carmine G. D’Aloisio, and ending were received by the Senate and appeared in session only, with no business con- James F. Sullivan, which nominations were the Congressional Record of May 2, 2011. ducted; and that when the Senate ad- received by the Senate and appeared in the PN501 NAVY nomination of Valerie R. journs on Friday, June 3, it stand ad- Congressional Record of March 4, 2011. Overstreet, which was received by the Senate journed until 2 p.m. on Monday, June 6; PN405 FOREIGN SERVICE nominations and appeared in the Congressional Record of that following the prayer and pledge, (99) beginning Patricia M. Aguilo, and ending May 4, 2011. Michelle Zjhra, which nominations were re- PN502 NAVY nominations (4) beginning the Journal of proceedings be approved ceived by the Senate and appeared in the NADESIA V. HENRY, and ending JOHN A. to date, the morning hour be deemed Congressional Record of April 6, 2011. SALVATO, which nominations were received expired, the time for the two leaders be IN THE MARINE CORPS by the Senate and appeared in the Congres- reserved for their use later in the day; PN179 MARINE CORPS nomination of sional Record of May 4, 2011. that following any leader remarks, the Angella M. Lawrence, which was received by PN536 NAVY nomination of Thomas P. Senate be in a period of morning busi- the Senate and appeared in the Congres- Fantes, which was received by the Senate ness until 4:30 p.m., with Senators per- and appeared in the Congressional Record of sional Record of February 2, 2011. mitted to speak for up to 10 minutes PN192 MARINE CORPS nomination of Mi- May 11, 2011. PN537 NAVY nomination of Cynthia E. each; finally, that at 4:30 p.m., the Sen- chael R. Cirillo, which was received by the ate proceed to executive session under Senate and appeared in the Congressional Wilkerson, which was received by the Senate Record of February 2, 2011. and appeared in the Congressional Record of the previous order. PN236 MARINE CORPS nominations (328) May 11, 2011. The PRESIDING OFFICER. Without beginning CARLTON W. ADAMS, and ending PN538 NAVY nominations (2) beginning objection, it is so ordered. WAYNE R. ZUBER, which noininations were DAVID T. CARPENTER, and ending TIM- received by the Senate and appea red in the OTHY M. CHEN, which nominations were re- f Congressional Record of February 3, 2011. ceived by the Senate and appeared in the Congressional Record of May 11, 2011. IN THE NAVY PN539 NAVY nominations (3) beginning PROGRAM PN152 NAVY nomination of James P. ROBERT D. PAVEL, and ending SHAUN C. Ms. KLOBUCHAR. Mr. President, the McGrath, III, which was received by the Sen- SHILLADY, which nominations were re- first rollcall vote when we return will ate and appeared in the Congressional ceived by the Senate and appeared in the be at 5:30 p.m. on Monday, June 6. That Record of January 26, 2011. Congressional Record of May 11, 2011. PN199 NAVY nomination of Steven M. PN560 NAVY nomination of Kendall C. vote will be on the motion to invoke Wechsler, which was received by the Senate Jones, Jr., which was received by the Senate cloture on the nomination of Donald and appeared in the Congressional Record of and appeared in the Congressional Record of Verrilli to be Solicitor General of the February 2, 2011. May 18, 2011. United States.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3466 CONGRESSIONAL RECORD — SENATE May 26, 2011 ADJOURNMENT UNTIL 9:30 A.M. HEIDI K. BERG KYLE G. KARSTENS MICHAEL A. CONNER JASON K. LOPEZ TOMORROW WILLIAM J. DIEHL ANGELO R. L. SMITHA JEFFREY S. SCHEIDT CHARLES M. STUART Ms. KLOBUCHAR. Mr. President, if ANDREW D. STEWART NORMAN M. TOBLER II there is no further business to come be- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY fore the Senate, I ask unanimous con- UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: sent that it adjourn under the previous To be captain To be captain order. STEVEN J. AVERETT SYED N. AHMAD There being no objection, the Senate, JAMES H. DARENKAMP GREGORY R. BART at 8:30 p.m., adjourned until Friday, JAMES A. IMANIAN WILLIAM M. BOLAND THOMAS W. LECHLEITNER, JR. JEFFREY C. CASLER May 27, 2011, at 9:30 a.m. WILLIAM G. RHEA ROBERT J. CROW f JOHN A. WATKINS KRISTA J. DELLAPINA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL E. ELDREDGE NOMINATIONS TO THE GRADE INDICATED IN THE UNITED STATES NAVY CAREN L. MCCURDY UNDER TITLE 10, U.S.C., SECTION 624: ANN K. MINAMI Executive nominations received by JILLIAN L. MORRISON To be captain GREGORY J. SMITH the Senate: LISA B. SULLIVAN LOUIS W. ARNY IV SCOTT F. THOMPSON DEPARTMENT OF DEFENSE REGINALD BAKER CARLOS S. GUZMAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEON E. PANETTA, OF CALIFORNIA, TO BE SECRETARY TO THE GRADE INDICATED IN THE UNITED STATES NAVY OF DEFENSE, VICE ROBERT M. GATES. JAMES L. MCREYNOLDS WILLIAM G. MILLER UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES TAX COURT GREGORY H. MOLINARI To be captain BRIAN A. TREAT KATHLEEN KERRIGAN, OF MASSACHUSETTS, TO BE A THOMAS J. ANDERSON JUDGE OF THE UNITED STATES TAX COURT FOR THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J. BARETELA TERM OF FIFTEEN YEARS, VICE HARRY A. HAINES, TERM TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT M. BROWN EXPIRED. UNDER TITLE 10, U.S.C., SECTION 624: JOHN A. CHRISTENSEN ALBERT F. LAUBER, OF THE DISTRICT OF COLUMBIA, SCOTT A. DAVIS TO BE A JUDGE OF THE UNITED STATES TAX COURT FOR To be captain GARRETT J. FARMAN THE TERM OF FIFTEEN YEARS, VICE STEPHEN J. SWIFT, CHRISTOPHER D. BOWNDS JAMES K. KALOWSKY RESIGNED. CHRISTOPHER A. HARRIS KEITH W. LEHNHARDT NATIONAL SCIENCE FOUNDATION JANET E. LOMAX JOHN J. LUND CATHERINE M. MASAR WILLIAM B. MCNEAL ARNOLD F. STANCELL, OF CONNECTICUT, TO BE A MEM- ROMUEL B. NAFARRETE CASEY J. MOTON BER OF THE NATIONAL SCIENCE BOARD, NATIONAL JULIE J. ONEAL MARK H. OESTERREICH SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, STUART C. SATTERWHITE DOUGLAS B. OGLESBY 2014, VICE BARRY C. BARISH, TERM EXPIRED. KARIN A. VERNAZZA ROBERT D. PHILLIPS FEDERAL RETIREMENT THRIFT INVESTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARREN R. PLATH TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN J. SZATKOWSKI BOARD UNDER TITLE 10, U.S.C., SECTION 624: ALLAN R. WALTERS RONALD DAVID MCCRAY, OF TEXAS, TO BE A MEMBER To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT OF THE FEDERAL RETIREMENT THRIFT INVESTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2012, VICE JAMES T. DENLEY UNDER TITLE 10, U.S.C., SECTION 624: ANDREW SAUL, RESIGNED. JOHN D. DENTON RONALD DAVID MCCRAY, OF TEXAS, TO BE A MEMBER FRANCIS P. FOLEY To be captain OF THE FEDERAL RETIREMENT THRIFT INVESTMENT TERRY C. GORDON KYLE B. BECKMAN BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2016. (RE- JEROME A. HINSON CHRISTOPHER C. BONE APPOINTMENT) FREDERICK A. MCGUFFIN STEVEN V. BROCK CENTRAL INTELLIGENCE AGENCY PATRICK J. MCLAUGHLIN GARY M. BRUCE JOHN M. SHIMOTSU ROBIN A. Y. DAHLIN DAVID H. PETRAEUS, OF NEW HAMPSHIRE, TO BE DI- THOMAS B. WEBBER ROBERT J. ENGELHARDT RECTOR OF THE CENTRAL INTELLIGENCE AGENCY, VICE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM P. GARRITY, JR. LEON E. PANETTA. TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEVEN L. HORRELL IN THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: DAVID M. HOUFF GREGORY A. HUSMANN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain DARRYL F. JACKSON IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- ELIZABETH J. FRENCH JAMES H. LEWIS III CATED UNDER TITLE 10, U.S.C., SECTION 12203: ROSANNE I. HARTLEY SHERYL S. RICHARDSON To be brigadier general GLORIA S. KASCAK KELLY A. ROBINSON CATHY M. MCCRARY STEVEN B. SHEPARD COL. MERLE D. HART FRITZI J. MCDONALD MICHAEL J. VERNAZZA TRACY A. VINCENT IN THE NAVY MICHELLE L. MCKENZIE JULIE C. MCNALLY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOY L. MURRAY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY YVONNE TAPIA UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY A. ACKERMAN JEFFREY R. MACRIS To be captain MARC E. A. ARENA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM C. BEUTEL TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS W. ARMSTRONG FRANK A. BIVINS UNDER TITLE 10, U.S.C., SECTION 624: GUNTER I. BRAUN PETER C. COLELLA KARINE M. CURETON To be captain BRUCE L. DESHOTEL HORACIO FERNANDEZ NADJMEH M. HARIRI DONALD A. LONERGAN TOBY C. SWAIN PIERRE A. FULLER RAYMOND D. GOYET, JR. DAVID A. LOWREY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL HARVEY KAREN M. LYNCH TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN P. NEWCOMER BRETT T. METCALF UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL J. SINGLETON JOSEPH B. MICHAEL To be captain JAMES S. TALBERT JOSEPH D. MOLINARO CHARLES W. I. PADDOCK DANIEL J. HERNANDEZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN T. PRINCE TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN K. RITTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY IVAN ROMAN UNDER TITLE 10, U.S.C., SECTION 624: To be captain WILLIAM G. SHOEMAKER JONATHAN M. STAHL To be captain JOHN W. CARSON III JERRY TORRES MARC R. DELAO RANDALL J. WALKER RAYMOND R. DELGADO III STEPHEN J. DONLEY HENRY A. MILLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK T. GERONIME JOHN A. OKON TO THE GRADE INDICATED IN THE UNITED STATES NAVY GLENN W. HUBBARD STEVEN P. SOPKO UNDER TITLE 10, U.S.C., SECTION 624: NICHOLAS L. MERRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALEX D. STITES To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY DEAN A. VANDERLEY UNDER TITLE 10, U.S.C., SECTION 624: STANLEY W. WILES ANTHONY A. ARITA CHARLES S. WILLMORE REBECCA L. BATES To be captain DAVID N. BREIER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARQUEZ F. CAMPBELL JOHN S. CRAWMER TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID C. COLLINS BRIAN K. JACOBS UNDER TITLE 10, U.S.C., SECTION 624: CATHLEEN M. DONOHUE JAMES M. PARISH KIMBERLY A. FERLAND TIMOTHY H. PFANNENSTEIN To be captain TONYA A. HALL JOSEPH A. RODRIGUEZ KARL A. ANDINA GARY B. HOYT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRADY J. BARTOSH CHRISTOPHER J. IRWIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY RONALD M. BISHOP, JR. CHRISTINE W. MANKOWSKI UNDER TITLE 10, U.S.C., SECTION 624: MARK C. BRUINGTON SCOTT A. MCCLELLAN To be captain STEPHEN J. COMSTOCK BRUCE M. MILLER ANDREW C. EST JULIE K. MILLER CLIFFORD W. BEAN III JOHN B. GAILEY ALAN F. NORDHOLM

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00100 Fmt 0624 Sfmt 9801 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3467

PATRICK W. PAUL ERIK J. SCHWEITZER TRENTON S. LENNARD LYNDA M. RACE GEORGE J. SEMPLE KEVIN P. LENOX STEVEN E. RANKIN ERIC M. SERGIENKO GLEN S. LEVERETTE PHILLIP M. SANCHEZ ERIC S. SHERCK ROBERT W. LYONNAIS TODD C. SANDER WILLIAM T. SHIMEALL SHAWN P. MALONE MARY S. SEYMOUR ALFRED F. SHWAYHAT PETER M. MANTZ RITA G. SIMMONS CLIFFORD L. SMITH WESLEY R. MCCALL PAULINE M. TAYLOR BRETT V. SORTOR JEFFREY W. MCCAULEY RUBY M. TENNYSON FREDERIC R. SYLVIA MICHAEL J. MCCLINTOCK PETER P. TOLAND, JR. DAVID A. TARANTINO, JR. RICHARD C. MCCORMACK JONATHAN P. WILCOX JAMES E. TOLEDANO RUSSELL S. MCCORMACK THERON C. TOOLE DOUGLAS A. MCGOFF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACK W. L. TSAO KEVIN MCGOWAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANDREW F. VAUGHN JOHN P. MCGRATH UNDER TITLE 10, U.S.C., SECTION 624: TODD L. WAGNER WILLIAM C. MCKINNEY To be captain GRANT C. WALLACE BRENDAN R. MCLANE ROLAND O. WILLOCK MICHAEL M. MCMILLAN, JR. RAYMOND W. BICHARD JEFFREY WINEBRENNER JOHN V. MENONI PAUL J. BOURGEOIS KIMBERLY S. WYATT DAVID J. MERON ROBERT A. BROOKS, JR. JAMES C. YOUNG JAMES R. MIDKIFF JOHN D. CASSANI CRAIG M. ZELIG GERALD N. MIRANDA, JR. KURT M. CHIVERS TARA J. ZIEBER TROY E. MONG WILBURN A. CLARKE KEITH G. MOORE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RACHEL M. FANT MICHAEL R. MOORE TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK R. GOODRICH BRIAN C. MOUM UNDER TITLE 10, U.S.C., SECTION 624: JAMES C. GOUDREAU SCOTT W. MURDOCK PHILIPPE J. GRANDJEAN To be captain GERALD D. MURPHY ARISTIDES ILIAKIS FRANK W. NAYLOR III KEVIN M. JONES LYNN ACHESON KENNETH A. NIEDERBERGER BERNARD D. KNOX EDWARD L. ANDERSON DONALD A. NISBETT, JR. JAMES A. LAPOINTE ERIC J. ANDERSON NORBERTO M. D. NOBREGA KYLE P. LUKSOVSKY WILLIAM S. ANDERSON RICHARD F. OCONNELL PATRICK J. MCCLANAHAN MONTY G. ASHLIMAN, JR. ROBERT R. OSTERHOUDT THOMAS J. MOREAU SEAN R. BAILEY MATTHEW D. OVIOS DANIEL J. NOLL CARROLL W. BANNISTER DAVID M. PADULA PATRICK J. OCONNOR MICHAEL W. BAZE ENRIQUE N. PANLILIO GARY J. POWE ROBERT E. BEAUCHAMP ROBERT E. PAULEY MICHAEL L. RENEGAR PAUL A. BECKLEY STEVEN PETROFF JEFFREY A. SCHMIDT MARK D. BEHNING JESSICA PFEFFERKORN JOHN D. SORACCO ROBERT W. BODVAKE CHRISTOPHER T. PHILLIPS KURT J. WENDELKEN BRENT M. BREINING CURTIS K. M. PHILLIPS MARK S. WHEELER JODY G. BRIDGES JOSEPH N. POLANIN EDWARD L. ZAWISLAK PUTNAM H. BROWNE MATTHEW S. PREGMON DANIEL J. BRUNK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. PROKOPIUS DANIEL W. BRYAN II FRED I. PYLE TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM A. BULIS UNDER TITLE 10, U.S.C., SECTION 624: CARL S. REED WARREN R. BULLER II LEONARD E. REED To be captain KENNETH B. CANETE FERDINAND A. REID HERBERT E. CARMEN BARON V. REINHOLD KARLYNA L. D. ANDERSEN FRANCIS X. I. CASTELLANO CURT A. RENSHAW ADAM W. ARMSTRONG WYATT N. CHIDESTER TIMOTHY A. REXRODE ANTHONY G. BATTAGLIA HEEDONG CHOI GARY J. RICHARD CHARLES R. BENSON JAMES L. CHRISTIE MICHAEL B. RILEY DAVID T. BEVERLY IV ROBERT J. CLARK KEVIN M. ROBINSON MICHAEL A. BIDUS VINCENT T. CLARK JON P. RODGERS STEVEN J. BLIVIN KENNETH M. COLEMAN MALACHY D. SANDIE DAVID C. BLOOM CHRISTOPHER M. CORGNATI GREGORY M. SANDWAY KEVIN D. BUCKLEY MICHAEL R. COUGHLIN CARLOS A. SARDIELLO RONALD B. BURBANK MARK A. CREASEY LOUIS J. SCHAGER, JR. LLOYD G. BURGESS DENNIS R. CREWS THEODORE H. SCHROEDER TIMOTHY H. BURGESS JEFFREY R. CRONIN TRAVIS C. SCHWEIZER EDWARD G. BUTLER II JAMES E. CROSLEY VINCENT W. SEGARS DONALD R. CARR GORDON A. CROSS GREGORY M. SHEAHAN WILLIAM R. CARTER ROGER L. CURRY, JR. TODD M. SIDDALL TIMOTHY L. CLENNEY JEFFREY J. CZEREWKO ANTHONY L. SIMMONS PATRICK W. CLYDE RICHARD J. DAVIS COURTNEY B. SMITH EUGENIO G. CONCEPCION II RICHARD W. DAVIS JOHN J. SNIEGOWSKI SCOTT A. COTA EDWARD W. DEVINNEY II PAUL C. SPEDERO, JR. JOHN G. CRABILL NICHOLAS J. DIENNA TIMOTHY S. STEADMAN NANCY R. DELANEY THOMAS C. DISY LEIF E. STEINBAUGH PAUL J. DEMIERI THAD J. DOBBERT MICHAEL J. STEVENS DARIN L. DINELLI CRAIG M. DORRANS JAMES G. STONEMAN RICHARD R. DOBHAN ALAN D. DORRBECKER STEPHEN R. TEDFORD BARBARA J. DROBINA RICHARD J. DROMERHAUSER THOMAS R. TENNANT THEODORE D. EDSON MARK A. EDWARDS JACK S. THOMAS KURT R. EICHENMULLER CHRISTOPHER M. ENGDAHL MARVIN E. THOMPSON KATHRYN ELLIOTT ERIK O. ETZ MONTE L. ULMER ERIC A. ELSTER MATTHEW G. FLEMING MATTHEW R. VANDERSLUIS BRIAN T. FITZGERALD PETER G. GALLUCH MICHAEL S. VARNEY KIM M. FORMAN EDWARD M. GALVIN PETER G. VASELY KIRK P. GASPER JAMES R. GARNER DARRYL L. WALKER ERIC M. GESSLER BRIAN M. GARRISON DOUGLAS H. WALKER MARK M. GOTO DAVID T. GLENISTER HOWARD WANAMAKER JONATHAN C. GROH STEVEN A. GLOVER CARDEN F. WARNER TIMOTHY W. HALENKAMP GREGORY W. GOMBERT MARK W. WEISGERBER JOHN V. HARDAWAY BRIAN J. GOSZKOWICZ ANDREW N. WESTERKOM JAMES F. HARRIS DALE F. GREEN CRAIG M. WEVLEY STELLA M. HAYES JEFFREY M. GRIMES ERIC S. WIESE RUSSELL B. HAYS, JR. WILLIAM R. GROTEWOLD GEORGE M. WIKOFF ROBERT D. JACKSON WILLIAM J. GUARINI, JR. RICHARD A. WILEY CHRISTINE L. JOHNSON MARK D. HAMILTON CHRISTOPHER T. J. WILSON LORI M. KREVETSKI SAM R. HANCOCK, JR. HAROLD T. WORKMAN THOMAS R. LATENDRESSE MARTIN H. HARDY GREGORY J. ZACHARSKI CHRISTOPHER T. LEWIS STEVEN M. HARRISON JOHN M. ZUZICH MATTHEW L. LIM CHRISTOPHER H. HEANEY ROBERT J. LIPSITZ RICHARD B. HENCKE f JOHN W. LOVE RAYMOND J. HESSER SCOTT A. LUZI KYLE P. HIGGINS CONFIRMATIONS LISA M. MCGOWAN LYLE E. HOAG JEFFREY D. MCGUIRE TERENCE A. HOEFT Executive nominations confirmed by DAVID B. MCLEAN BRIAN A. HOYT the Senate, May 26, 2011: JOANNE F. MCMANAMAN MICHAEL P. HUCK DEANA J. MILLER JEFFREY D. HUTCHINSON DEPARTMENT OF DEFENSE DIPAK D. NADKARNI BURCHARD C. JACKSON LORRAINE S. NADKARNI TROY S. JACKSON JO ANN ROONEY, OF MASSACHUSETTS, TO BE PRIN- JOHN W. NELSON KRISTIN E. JACOBSEN CIPAL DEPUTY UNDER SECRETARY OF DEFENSE FOR THOMAS J. NELSON GLENN R. JAMISON PERSONNEL AND READINESS. WILLIAM S. PADGETT CHARLES A. JOHNSON IN THE AIR FORCE SHELLEY K. PERKINS STANLEY C. JONES KYLE PETERSEN FREDERICK W. KACHER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER H. REED MICHAEL I. KATAHARA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- EDWARD A. REEDY DAVID D. KINDLEY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ROBERT D. REUER JAMES A. KIRK AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ALLISON J. ROBINSON SCOTT L. KNAPP 601: THOMAS D. ROBINSON KEITH A. KNUTSEN To be lieutenant general ANDREW A. RUSNAK TIMOTHY J. KOTT MCHUGH L. A. SAVOIA JEFFREY R. KRUSLING MAJ. GEN. DAVID L. GOLDFEIN

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00101 Fmt 0624 Sfmt 9801 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3468 CONGRESSIONAL RECORD — SENATE May 26, 2011

DEPARTMENT OF VETERANS AFFAIRS IN THE AIR FORCE To be brigadier general ALLISON A. HICKEY, OF VIRGINIA, TO BE UNDER SEC- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. CHARLES R. BAILEY RETARY FOR BENEFITS OF THE DEPARTMENT OF VET- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING ARMY NATIONAL GUARD OF THE ERANS AFFAIRS. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE UNITED STATES OFFICERS FOR APPOINTMENT IN THE STEVE L. MURO, OF CALIFORNIA, TO BE UNDER SEC- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION RESERVE OF THE ARMY TO THE GRADES INDICATED RETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- 601: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: FAIRS. To be lieutenant general DEPARTMENT OF JUSTICE To be major general MAJ. GEN. BROOKS L. BASH BRIG. GEN. OMER C. TOOLEY, JR. DENISE ELLEN O’DONNELL, OF NEW YORK, TO BE DI- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED RECTOR OF THE BUREAU OF JUSTICE ASSISTANCE. STATES OFFICER FOR APPOINTMENT IN THE RESERVE To be brigadier general DEPARTMENT OF THE TREASURY OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. BRIAN R. CARPENTER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: DANIEL L. GLASER, OF THE DISTRICT OF COLUMBIA, TO IN THE MARINE CORPS BE ASSISTANT SECRETARY FOR TERRORIST FINANCING, To be brigadier general DEPARTMENT OF THE TREASURY. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. DAVID E. DEPUTY EXPORT-IMPORT BANK OF THE UNITED STATES IN THE UNITED STATES MARINE CORPS TO THE GRADE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED INDICATED UNDER TITLE 10, U.S.C., SECTION 624: WANDA FELTON, OF NEW YORK, TO BE FIRST VICE STATES OFFICERS FOR APPOINTMENT IN THE RESERVE To be brigadier general PRESIDENT OF THE EXPORT-IMPORT BANK OF THE OF THE AIR FORCE TO THE GRADE INDICATED UNDER UNITED STATES FOR A TERM EXPIRING JANUARY 20, 2013. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COLONEL CHARLES G. CHIAROTTI SEAN ROBERT MULVANEY, OF ILLINOIS, TO BE A MEM- To be major general COLONEL DAVID W. COFFMAN BER OF THE BOARD OF DIRECTORS OF THE EXPORT-IM- COLONEL THOMAS A. GORRY PORT BANK OF THE UNITED STATES FOR A TERM EXPIR- BRIG. GEN. JAMES D. DEMERITT COLONEL PAUL J. KENNEDY ING JANUARY 20, 2015. BRIG. GEN. JOSEPH K. MARTIN, JR. COLONEL JOAQUIN F. MALAVET DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL NIEL E. NELSON IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL LORETTA E. REYNOLDS GEORGE ALBERT KROL, OF NEW JERSEY, A CAREER CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL RUSSELL A. SANBORN MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COLONEL GEORGE W. SMITH, JR. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be major general COLONEL CRAIG Q. TIMBERLAKE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES COLONEL MARK R. WISE OF AMERICA TO THE REPUBLIC OF UZBEKISTAN. BRIGADIER GENERAL MARK A. ATKINSON COLONEL DANIEL D. YOO BRIGADIER GENERAL WILLIAM J. BENDER DANIEL BENJAMIN SHAPIRO, OF ILLINOIS, TO BE AM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF BRIGADIER GENERAL BRIAN T. BISHOP BRIGADIER GENERAL CHRISTOPHER C. BOGDAN TO THE GRADE OF LIEUTENANT GENERAL IN THE THE UNITED STATES OF AMERICA TO ISRAEL. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A HENRY S. ENSHER, OF CALIFORNIA, A CAREER MEMBER BRIGADIER GENERAL MICHAEL J. CAREY BRIGADIER GENERAL JOHN B. COOPER POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- TITLE 10, U.S.C., SECTION 601: SELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL SAMUEL D. COX PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL BARBARA J. FAULKENBERRY To be lieutenant general TO THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA. BRIGADIER GENERAL RUSSELL J. HANDY STUART E. JONES, OF VIRGINIA, A CAREER MEMBER OF BRIGADIER GENERAL MICHAEL A. KELTZ MAJ. GEN. RICHARD P. MILLS THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- BRIGADIER GENERAL STEVEN L. KWAST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL FREDERICK H. MARTIN TO THE GRADE OF LIEUTENANT GENERAL IN THE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL THOMAS J. MASIELLO UNITED STATES MARINE CORPS WHILE ASSIGNED TO A TO THE HASHEMITE KINGDOM OF JORDAN. BRIGADIER GENERAL EARL D. MATTHEWS POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER BRIGADIER GENERAL ROBERT P. OTTO TITLE 10, U.S.C., SECTION 601: UNITED STATES ADVISORY COMMISSION ON BRIGADIER GENERAL JOHN W. RAYMOND PUBLIC DIPLOMACY BRIGADIER GENERAL DARRYL L. ROBERSON To be lieutenant general BRIGADIER GENERAL ANTHONY J. ROCK SIM FARAR, OF CALIFORNIA, TO BE A MEMBER OF THE BRIGADIER GENERAL JAY G. SANTEE LT. GEN. GEORGE J. FLYNN UNITED STATES ADVISORY COMMISSION ON PUBLIC DI- BRIGADIER GENERAL ROWAYNE A. SCHATZ, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PLOMACY FOR A TERM EXPIRING JULY 1, 2012. BRIGADIER GENERAL JOHN F. THOMPSON TO THE GRADE OF LIEUTENANT GENERAL IN THE WILLIAM J. HYBL, OF COLORADO, TO BE A MEMBER OF BRIGADIER GENERAL THOMAS J. TRASK UNITED STATES MARINE CORPS WHILE ASSIGNED TO A THE UNITED STATES ADVISORY COMMISSION ON PUBLIC BRIGADIER GENERAL JOSEPH S. WARD, JR. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER DIPLOMACY FOR A TERM EXPIRING JULY 1, 2012. BRIGADIER GENERAL JACK WEINSTEIN TITLE 10, U.S.C., SECTION 601: NATIONAL SCIENCE FOUNDATION BRIGADIER GENERAL ROBERT E. WHEELER BRIGADIER GENERAL MARTIN WHELAN To be lieutenant general CORA B. MARRETT, OF WISCONSIN, TO BE DEPUTY DI- BRIGADIER GENERAL STEPHEN W. WILSON LT. GEN. JOHN R. ALLEN RECTOR OF THE NATIONAL SCIENCE FOUNDATION. BRIGADIER GENERAL TOD D. WOLTERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL TIMOTHY M. ZADALIS NATIONAL FOUNDATION ON THE ARTS AND THE AS COMMANDER, MARINE FORCES RESERVE TO THE HUMANITIES IN THE NAVY GRADE INDICATED IN THE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A POSITION OF IMPORTANCE MARTHA WAGNER WEINBERG, OF MASSACHUSETTS, TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS BE A MEMBER OF THE NATIONAL COUNCIL ON THE HU- IN THE UNITED STATES NAVY TO THE GRADE INDICATED 601 AND 5144: MANITIES FOR A TERM EXPIRING JANUARY 26, 2016 . WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PAULA BARKER DUFFY, OF ILLINOIS, TO BE A MEMBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A To be vice admiral MAJ. GEN. STEVEN A. HUMMER TERM EXPIRING JANUARY 26, 2016. CATHY N. DAVIDSON, OF NORTH CAROLINA, TO BE A REAR ADM. DAVID H. BUSS IN THE NAVY MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- ITIES FOR A TERM EXPIRING JANUARY 26, 2016 . IN THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED CONSTANCE M. CARROLL, OF CALIFORNIA, TO BE A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEMBER OF THE NATIONAL COUNCIL ON THE HUMAN- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ITIES FOR A TERM EXPIRING JANUARY 26, 2016. CATED UNDER TITLE 10, U.S.C., SECTION 624: ALBERT J. BEVERIDGE III, OF THE DISTRICT OF CO- To be vice admiral LUMBIA, TO BE A MEMBER OF THE NATIONAL COUNCIL To be brigadier general ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, REAR ADM. KENDALL L. CARD COL. DAVID J. BUCK 2016. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONAL COUNCIL ON DISABILITY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CLYDE E. TERRY, OF NEW HAMPSHIRE, TO BE A MEM- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TERM EXPIRING SEPTEMBER 17, 2013. 601: To be vice admiral JANICE LEHRER-STEIN, OF CALIFORNIA, TO BE A MEM- To be general VICE ADM. ROBERT S. HARWARD, JR. BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2013. LT. GEN. GILMARY M. HOSTAGE III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNITED STATES INSTITUTE OF PEACE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be vice admiral STATES INSTITUTE OF PEACE FOR THE REMAINDER OF 601: THE TERM EXPIRING SEPTEMBER 19, 2011. VICE ADM. MARK D. HARNITCHEK JUDITH A. ANSLEY, OF MASSACHUSETTS, TO BE A To be lieutenant general IN THE AIR FORCE MEMBER OF THE BOARD OF DIRECTORS OF THE UNITED MAJ. GEN. MARK F. RAMSAY STATES INSTITUTE OF PEACE FOR A TERM OF FOUR AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL D. YEARS. IN THE ARMY DIETZ AND ENDING WITH DOREEN F. WILDER, WHICH JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- OF THE BOARD OF DIRECTORS OF THE UNITED STATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY INSTITUTE OF PEACE FOR THE REMAINDER OF THE IN THE RESERVE OF THE ARMY TO THE GRADE INDI- 3, 2011. TERM EXPIRING SEPTEMBER 19, 2011. CATED UNDER TITLE 10, U.S.C., SECTION 12203: AIR FORCE NOMINATIONS BEGINNING WITH JAY O. JOHN A. LANCASTER, OF NEW YORK, TO BE A MEMBER To be brigadier general AANRUD AND ENDING WITH SCOTT C. ZIPPWALD, WHICH OF THE BOARD OF DIRECTORS OF THE UNITED STATES NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- INSTITUTE OF PEACE FOR A TERM OF FOUR YEARS. COL. MARK W. PALZER PEARED IN THE CONGRESSIONAL RECORD ON MARCH 30, NATIONAL SECURITY EDUCATION BOARD THE FOLLOWING ARMY NATIONAL GUARD OF THE 2011. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AIR FORCE NOMINATIONS BEGINNING WITH MATTHEW MICHAEL E. GUEST, OF SOUTH CAROLINA, TO BE A SERVE OF THE ARMY TO THE GRADE INDICATED UNDER J. BRONK AND ENDING WITH JOY C. TABER, WHICH NOMI- MEMBER OF THE NATIONAL SECURITY EDUCATION TITLE 10, U.S.C., SECTIONS 12203 AND 12211: NATIONS WERE RECEIVED BY THE SENATE AND AP- BOARD FOR A TERM OF FOUR YEARS. PEARED IN THE CONGRESSIONAL RECORD ON MAY 2, 2011. ANA MARGARITA GUZMAN, OF TEXAS, TO BE A MEM- To be major general AIR FORCE NOMINATION OF PAUL L. DANDREA, TO BE BER OF THE NATIONAL SECURITY EDUCATION BOARD MAJOR. FOR A TERM OF FOUR YEARS. BRIG. GEN. GERALD E. LANG AIR FORCE NOMINATION OF JEFFREY A. BAILEY, TO BE CHRISTOPHER B. HOWARD, OF VIRGINIA, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL. BER OF THE NATIONAL SECURITY EDUCATION BOARD IN THE UNITED STATES ARMY TO THE GRADE INDICATED AIR FORCE NOMINATION OF JAMES A. MACE, TO BE FOR A TERM OF FOUR YEARS. UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: MAJOR.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00102 Fmt 0624 Sfmt 9801 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — SENATE S3469

AIR FORCE NOMINATIONS BEGINNING WITH BERNA- SENATE AND APPEARED IN THE CONGRESSIONAL NAVY NOMINATIONS BEGINNING WITH ROBERT D. DETTE A. ANDERSON AND ENDING WITH DWAYNE B. RECORD ON FEBRUARY 3, 2011. PAVEL AND ENDING WITH SHAUN C. SHILLADY, WHICH WILHITE, WHICH NOMINATIONS WERE RECEIVED BY THE IN THE NAVY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, RECORD ON MAY 4, 2011. NAVY NOMINATION OF JAMES P. MCGRATH III, TO BE 2011. AIR FORCE NOMINATIONS BEGINNING WITH JEFFERY CAPTAIN. NAVY NOMINATION OF KENDALL C. JONES, JR., TO BE D. AEBISCHER AND ENDING WITH KURT V. WOYAK, WHICH NAVY NOMINATION OF STEVEN M. WECHSLER, TO BE LIEUTENANT COMMANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN. NAVY NOMINATION OF KIRK R. PARSLEY, TO BE LIEU- PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2011. NAVY NOMINATION OF FERNANDO HARRIS, TO BE COM- TENANT COMMANDER. AIR FORCE NOMINATIONS BEGINNING WITH LA RITA S. MANDER. NAVY NOMINATION OF CHRISTIAN F. JENSEN, TO BE ABEL AND ENDING WITH MICHAEL J. ZENK, WHICH NOMI- NAVY NOMINATION OF STEPHEN K. REVELAS, TO BE LIEUTENANT COMMANDER. NATIONS WERE RECEIVED BY THE SENATE AND AP- CAPTAIN. NAVY NOMINATION OF JOSEPH M. HOLT, TO BE LIEU- PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2011. NAVY NOMINATION OF BRADLEY S. HAWKSWORTH, TO TENANT COMMANDER. AIR FORCE NOMINATION OF PETER J. AVALOS, TO BE BE COMMANDER. MAJOR. NAVY NOMINATION OF DOUGLAS L. EDSON, TO BE CAP- IN THE COAST GUARD TAIN. IN THE ARMY NAVY NOMINATION OF STEPHEN J. PARKS, TO BE COM- COAST GUARD NOMINATION OF WILLIAM G. DWYER, TO MANDER. BE LIEUTENANT COMMANDER. ARMY NOMINATIONS BEGINNING WITH KEITH W. NAVY NOMINATION OF HUNG CAO, TO BE COMMANDER. COAST GUARD NOMINATIONS BEGINNING WITH JESSICA ALFEIRI AND ENDING WITH DIANA TORRES, WHICH NOMI- NAVY NOMINATION OF TRACY T. SKIPTON, TO BE COM- L. BOHN AND ENDING WITH JEREMY A. WEISS, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- MANDER. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 2, 2011. NAVY NOMINATION OF DAVID T. CARPENTER, TO BE PEARED IN THE CONGRESSIONAL RECORD ON APRIL 8, ARMY NOMINATIONS BEGINNING WITH MARK J. CAPTAIN. 2011. BERGLUND AND ENDING WITH MICHAEL S. SARVER, NAVY NOMINATION OF BRENT J. KYLER, TO BE CAP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TAIN. FOREIGN SERVICE AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF PETER W. WARD, TO BE COM- MAY 2, 2011. MANDER. FOREIGN SERVICE NOMINATIONS BEGINNING WITH ARMY NOMINATION OF MICHAEL P. HARRY, TO BE NAVY NOMINATION OF PABLITO V. QUIATCHON, TO BE CARMINE G. D’ALOISIO AND ENDING WITH JAMES F. SUL- MAJOR. LIEUTENANT COMMANDER . LIVAN, WHICH NOMINATIONS WERE RECEIVED BY THE ARMY NOMINATIONS BEGINNING WITH JOSEPH L. NAVY NOMINATION OF ROBERT H. BUCKINGHAM, TO BE SENATE AND APPEARED IN THE CONGRESSIONAL AARON, JR. AND ENDING WITH JOSEPH V. ZULKEY, CAPTAIN. RECORD ON MARCH 4, 2011. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF BRYAN F. BUTLER, TO BE CAP- FOREIGN SERVICE NOMINATIONS BEGINNING WITH PA- AND APPEARED IN THE CONGRESSIONAL RECORD ON TAIN. TRICIA M. AGUILO AND ENDING WITH MICHELLE ZJHRA, MAY 4, 2011. NAVY NOMINATIONS BEGINNING WITH WILLIAM H. AL- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATIONS BEGINNING WITH CHARLES M. BERT AND ENDING WITH MICHAEL WITHERILL, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON ABEYAWARDENA AND ENDING WITH G001231, WHICH NOMI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- APRIL 6, 2011. NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 2, 2011. PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2011. NAVY NOMINATION OF VALERIE R. OVERSTREET, TO BE PUBLIC HEALTH SERVICE ARMY NOMINATIONS BEGINNING WITH LISA M. ABEL COMMANDER. AND ENDING WITH CODY L. ZACH, WHICH NOMINATIONS NAVY NOMINATIONS BEGINNING WITH NADESIA V. PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING WERE RECEIVED BY THE SENATE AND APPEARED IN THE HENRY AND ENDING WITH JOHN A. SALVATO, WHICH WITH MANISHA PATEL AND ENDING WITH CHRISTOPHER CONGRESSIONAL RECORD ON MAY 9, 2011. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- M. SHEEHAN, WHICH NOMINATIONS WERE RECEIVED BY PEARED IN THE CONGRESSIONAL RECORD ON MAY 4, 2011. THE SENATE AND APPEARED IN THE CONGRESSIONAL IN THE MARINE CORPS NAVY NOMINATION OF THOMAS P. FANTES, TO BE CAP- RECORD ON MAY 11, 2011. TAIN. PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING MARINE CORPS NOMINATION OF ANGELLA M. LAW- NAVY NOMINATION OF CYNTHIA E. WILKERSON, TO BE WITH ALICE Y. GUH AND ENDING WITH UKEGBU J. RENCE, TO BE MAJOR. CAPTAIN. UGOCHI, WHICH NOMINATIONS WERE RECEIVED BY THE MARINE CORPS NOMINATION OF MICHAEL R. CIRILLO, NAVY NOMINATIONS BEGINNING WITH DAVID T. CAR- SENATE AND APPEARED IN THE CONGRESSIONAL TO BE LIEUTENANT COLONEL. PENTER AND ENDING WITH TIMOTHY M. CHEN, WHICH RECORD ON MAY 11, 2011. WITH THE FOLLOWING EXCEP- MARINE CORPS NOMINATIONS BEGINNING WITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS: KENIA P. ALTAMIRANO, REBECCA M. KIBEL, TIM- CARLTON W. ADAMS AND ENDING WITH WAYNE R. PEARED IN THE CONGRESSIONAL RECORD ON MAY 11, OTHY N. ONSERIO, JUSTIN R. PLOTT, AND BRANDY ZUBER, WHICH NOMINATIONS WERE RECEIVED BY THE 2011. TORRES.

VerDate Mar 15 2010 01:00 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00103 Fmt 0624 Sfmt 9801 E:\RECORD11\RECFILES\S26MY1.REC S26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE May 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E959 EXTENSIONS OF REMARKS

RECOGNIZING MAY AS NATIONAL unsurprisingly the defense budget is on the not consider these costs separately, tradi- CANCER RESEARCH MONTH table for the first time in more than a dec- tional defense missions and essential equip- ade. ment upgrades will be crowded out. Secretary of Defense Robert Gates recently America is a compassionate nation and HON. BRIAN HIGGINS announced $78 billion in defense spending would surely engage in humanitarian activi- OF NEW YORK cuts over the next five years, including re- ties even if their true costs were known. But IN THE HOUSE OF REPRESENTATIVES ductions in troop levels for the Army and why charge these costs to the defense budget Marine Corps. These types of cuts suggest and then hide them? Only by demanding that Thursday, May 26, 2011 that the military is working to become lean- the military budget be limited to legitimate Mr. HIGGINS. Mr. Speaker, I rise today in er and more efficient. Still, many Americans defense activities can Americans know how strong support for May as National Cancer and congressmen are calling for deeper cuts. many dollars we are actually devoting to our Research Month. Cancer research is a vital Not counting the cost of the wars in Af- national security. ghanistan and Iraq, the Defense budget is ex- part of our Nation’s biomedical research enter- Some military leaders have privately esti- pected to be $553 billion in 2012, up from $549 mated that if these nondefense-related ac- prise, and this research both improves the billion in 2011. That outlay currently rep- tivities were eliminated or given a separate quality of life of our Nation’s citizens and gen- resents 19% of the entire federal budget and budget, defense spending could be substan- erates new economic investment. Cancer re- over 50% of U.S. discretionary spending; cut- tially reduced and at the same time the mili- search is vital to the community I serve in ting it would go a long way toward reining in tary’s war-fighting capabilities increased. western New York, home to our country’s first government spending. But before further Given this uncertainty, before any addi- comprehensive cancer center, Roswell Park slicing the military budget, Congress must tional cuts are made to military spending, Cancer Institute. reconsider the military’s mission and what Congress must demand transparency with re- activities it should undertake. spect to the different roles of our military. The classic view of innovation is that gov- The purpose of a large standing army is to ernment funds basic science while industry provide for our national defense. In essence, comes up with new and innovative products the defense budget is an insurance policy f based on that science. To make this model that protects the U.S. against threats from RECOGNIZING LIEUTENANT COLO- work best, it requires a sustained commitment other nations and groups. But in recent NEL GLENN SANDERS ON THE years a growing percentage of that budget to cancer research at the National Institutes of OCCASION OF HIS FAREWELL Health and National Cancer Institute. When has been spent on activities that don’t in- volve traditional national defense. These in- FROM THE HOUSE DIVISION OF federal cancer research funding is cut or not clude nation-building, policing foreign na- THE ARMY OFFICE OF LEGISLA- sustained over the long term, we lose prom- tions, humanitarian missions and ferrying TIVE LIAISON ising cancer research and talented cancer re- executive- and legislative-branch leaders and searchers. After doubling funding between the their attendants around the globe. While years 1998 and 2003, research funding has these activities may be tangentially related HON. DARRELL E. ISSA flat-lined, and it has decreased substantially if to our standing in the world, they do not en- OF CALIFORNIA you take into account medical inflation. hance our war-fighting capabilities; rather IN THE HOUSE OF REPRESENTATIVES they relate more to the success of our for- By and large, our country’s investment in in- Thursday, May 26, 2011 novation in biomedical research has worked eign policy than to our national defense. This increase in nondefense missions has Mr. ISSA. Mr. Speaker, I rise today to rec- well. Over the past 40 years, 153 new FDA been accompanied by a dramatic shift from approved drugs and vaccines have been dis- war-fighting to nation-building. The official ognize the honorable public service of Lieuten- covered through research carried out at public White House website now describes the func- ant Colonel Glenn Sanders as he leaves his institutions with federal funds. In the last 20 tion of the Department of Defense as to post at the House Division of the Army Office years alone, one out of every five important ‘‘protect national interests through war- of Legislative Liaison. medical advances approved by the Food and fighting, providing humanitarian aid and Lieutenant Colonel Sanders was commis- Drug Administration was invented in a feder- performing peacekeeping and disaster relief sioned as a Field Artillery Officer in the United services.’’ Is war-fighting just one among the ally funded laboratory. Those inventions, States Army in 1990 at California State Uni- many functions we want our military to per- versity, San Bernardino. which included 40 new drugs for cancer, are form? currently generating more than $100 billion a Rightly or wrongly, we give our military His first assignment was as a platoon leader year in sales for drug and biotechnology firms. these various assignments because we don’t in a Lance Missile Battery in Germany. His The only failure in research is when you quit want to pay someone else to do them, and platoon performed one of the last Lance train- or are forced to quit due to lack of funding. other government entities currently can’t. ing missions in Europe prior to the nuclear National Cancer Research Month provides us Yet just because our military can do these missile system being decommissioned as part a reminder of those risks, and also the im- jobs doesn’t mean that it should. Indeed, of nuclear weapons reductions agreements. these assignments shift focus away from the LtCol Sanders then served with the First mense reward that arrives when promising re- military’s core missions: keeping America search alleviates the suffering of cancer pa- safe and winning wars. Cavalry Division at Fort Hood, Texas. After re- tients. Right now it is difficult for Congress to de- assignment to the Second Armored Cavalry f termine how much money is spent on pro- Regiment in Fort Polk, Louisiana, he deployed tecting the U.S. The ‘‘military’’ budget gives to Haiti in support of Operation Uphold De- A CALL FOR TRANSPARENCY IN an exaggerated impression of the cost of our mocracy. His unit helped lay the groundwork THE DEFENSE BUDGET national defense. When Congress adds bur- for a return to democracy by ensuring security dens to the military, direct costs like fuel, during several key elections. food and relief supplies may be calculated HON. JACK KINGSTON and expressed in the budget. Among his many duties, LtCol Sanders has OF GEORGIA But these items are just a small part of also served as a Battalion Training Officer in IN THE HOUSE OF REPRESENTATIVES these missions, and the larger costs get bur- the 420th Movement Control Battalion, an As- Thursday, May 26, 2011 ied. These hidden costs include recruiting sistant Professor of Military Science at North and training extra troops, purchasing and Dakota State University, and the Chief of the Mr. KINGSTON. Mr. Speaker, I submit the servicing additional equipment, additional Mobilization Division at the Army’s Training following for the RECORD. layers of bureaucracy, and maintaining and and Doctrine Command. [From Forbes Magazine, Mar. 28, 2011] enlarging bases, none of which are separated In 2009, LtCol Sanders served as a Con- out in the budget as relating to nondefense WHAT’S THE REAL DEFENSE BUDGET? missions. gressional Fellow with the House Committee (By Mallory Factor) The military’s nondefense activities may on Oversight and Government Reform. During The new Congress won the election by or may not be warranted, but their total this time I had the pleasure of working with promising to cut spending, and costs must be transparent. If Congress does him as he played a pivotal role in supporting

∑ 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 06:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.001 E26MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E960 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2011 the Committee staff on a broad range of na- Heights Police Academy and Cuyahoga Com- Association (AFA), American Servicemembers’ tional security related issues. Following his fel- munity College. Telemedicine & E-Health Legion, the Associa- lowship, LtCol Sanders has served as the Ex- As a result of his dedication to protecting tion of the United States Navy (AUSN), the ecutive Officer in the Army House Liaison Divi- and educating the citizens of Brooklyn Enlisted Association of the National Guard sion since January 2010. Heights, Chief Kocab is a highly decorated of- (EANGUS), Iraq and Afghanistan Veterans of LtCol Sanders holds a BA in Political ficer. He is the recipient of multiple unit com- America (IAVA), Mental Health America, Mili- Science from the University of California, Riv- mendations as well as awards for meritorious tary Officers Association of America (MOAA), erside, and a Masters in Public Administration service, distinguished service, and life saving. National Guard Association of the United from the California State University, He has twice been named both the Mothers States (NGAUS), Reserve Enlisted Associa- Northridge. He is currently enrolled in the Against Drunk Driving officer of the year and tion (REA), and Veterans of Foreign Wars United States Army War College. LtCol Sand- Ohio Auto Theft Investigator’s ‘‘Top Cop.’’ (VFW). ers and his wife Kari have been married for In addition to his career as a police officer, This amendment addresses DoD’s limited over twenty years with two daughters, Kira Chief Kocab is an active member of his com- ability to allow its health care professionals to and Kelli. munity. Since 1976 he has been a member of provide care when the patient is in a different It is an honor to recognize LtCol Sanders on the executive board of the Brooklyn Heights state while adhering to DoD’s current system the occasion of his farewell from the House Men’s Service Club. He is also a volunteer of core and supplemental privileges for each Division of the Army Office of Legislative Liai- with the Cuyahoga Heights Schools and has respective specialty, ensuring high quality care son and his years spent in public service. Mr. been awarded with the PTA Life Member and and patient safety. It also unties the hands of Speaker, I ask you to please join me in recog- Cuyahoga Heights Golden Apple Achievement the DoD when it comes to civilians or contrac- nizing LtCol Sander’s dedicated service to the awards. tors who have stepped up to fill shortages in United States Army and the U.S. House of Mr. Speaker and colleagues, please join me desperately needed positions—especially Representatives. in honor of Chief Joseph C. Kocab for his ex- mental health. Many in the military will no f emplary service on behalf of his community. longer have to travel long distances to get Chief Kocab has served and protected the help, relieving financial burdens and stress. IN HONOR OF CHIEF JOSEPH C. people of Brooklyn Heights with courage for We must honor the dedication and sacrifice of KOCAB 31 years. our troops by making sure DoD has the re- sources and qualified treatment providers HON. DENNIS J. KUCINICH f needed to care for our heroes in Nevada and OF OHIO NATIONAL DEFENSE AUTHORIZA- across the nation. That includes even more IN THE HOUSE OF REPRESENTATIVES TION ACT FOR FISCAL YEAR 2012 assistance for our troops who are coping not only with physical injuries, but with the chal- Thursday, May 26, 2011 SPEECH OF lenges of PTSD and other mental health Mr. KUCINICH. Mr. Speaker, I rise today in issues we are still working to better under- honor of Chief Joseph C. Kocab of the Brook- HON. SHELLEY BERKLEY stand. This amendment recommits us as a na- lyn Heights Police Department and his well- OF NEVADA tion to honoring the service of America’s mili- deserved retirement. As an officer of the law, IN THE HOUSE OF REPRESENTATIVES tary, modernizing DoD for the 21st Century Chief Kocab has served the people of the Wednesday, May 25, 2011 and increasing the quality and convenience of greater Cleveland area with honor and profes- support and services for our returning The House in Committee of the Whole sionalism for 31 years. House on the State of the Union had under servicemembers. Chief Kocab is a lifelong resident of Brook- consideration the bill (H.R. 1540) to authorize I want to thank Representative THOMPSON lyn Heights and attended Cuyahoga Heights appropriations for fiscal year 2012 for mili- for his dedication to this very important issue High School. He graduated from Kent State tary activities of the Department of Defense and I urge my colleagues to support our University with a major in law enforcement ad- and for military construction, to prescribe amendment. ministration. While studying at Kent State, military personnel strengths for fiscal year f Chief Kocab met his wife Dianne; the two 2012, and for other purposes: CONGRATULATING ALDERMAN VI were married in 1979. They have two daugh- Ms. BERKLEY. Madam Chair, I rise today in DALEY ters and two grandchildren. support of the Thompson/Berkley amendment. Chief Kocab was first appointed to the This amendment would expand the DoD Brooklyn Heights Police Department on March state licensure exception to allow health care HON. MIKE QUIGLEY 17, 1980. In 1985, he was promoted to ser- professionals to practice across state bor- OF ILLINOIS geant and on June 1, 1999 made Chief of Po- ders—as long as they are qualified and prac- IN THE HOUSE OF REPRESENTATIVES lice for the Brooklyn Heights Police Depart- ticing within regulations of their authorized fed- Thursday, May 26, 2011 ment. After completing a professional pro- eral duties. It would change the definition of Mr. QUIGLEY. Mr. Speaker, I rise today in gram, in 2004, Chief Kocab became a Cer- these exempted health care professionals to recognition of Vi Daley, Alderman of Chicago’s tified Law Enforcement Executive. While serv- include qualified civilians and contractors. 43d Ward. After twelve years serving Lincoln ing as Chief of Police, he was an active mem- However, nothing in this amendment is in- Park and the Near North area, Alderman ber and would serve as a board member, tended to change state-based scope of prac- Daley retired this year. Chaplain and president of the Cuyahoga tice laws or regulations nor is it intended to be Even before her election, Alderman Daley County Police Chiefs Association. Chief Kocab used as the basis for any future scope of was extremely involved in the Lincoln Park was also a member of the Ohio Association of practice changes through DoD regulations. community for nearly thirty-two years and Chiefs of Police and acted as district rep- This amendment also removes cumbersome brought many great improvements to it. She resentative, treasurer and president of the or- location requirements, promoting increased redeveloped the Cummings Playground across ganization. use of tele-medicine, tele-healthcare services, the street from the Lincoln Park Zoo, which is Throughout his career, Chief Kocab was in- and tele-behavioral health programs. now the most frequently used park in the Chi- strumental in providing vital programs to the One of my long-standing goals in Congress cago-land area. She also worked with schools youth of Brooklyn Heights. He assisted in the has been to expand the availability of mental and residents of the 43d Ward to promote creation of the Cuyahoga Heights Safety Town health services for our brave men and women more participation in local school activities and Program in 1982, and in 1988, was one of in uniform. Increasing servicemembers’ treat- create early childhood education programs. Ohio’s first officers selected to participate in ment options by eliminating outdated restric- Alderman Daley also focused on improving the Drug Abuse Resistance Education (DARE) tions on well-qualified health care profes- communication between the residents and city Program. Additionally, in 1996, he was trained sionals is an important step toward meeting council representatives. She provided better to teach the Gang Resistance Education and that goal. This amendment addresses the street-cleaning schedules and pedestrian Training (GREAT) program. Chief Kocab changing medical needs of America’s men friendly streets. Alderman Daley voted to keep taught the GREAT program and served as a and women in uniform and reduces barriers to her residents safe, such as restricting peti- DARE Officer in Cuyahoga Heights Schools ensure full access to quality health care—re- tioners from harassing women who enter fam- until 1999. He is also an Ohio Peace Officers gardless of their location. This amendment is ily planning clinics in Chicago. She also pro- Training Commission Police Academy Instruc- based on H.R. 1832, the Portability (STEP) moted preservation of unique and old build- tor and teaches police cadets at the Cleveland Act, which has the support of the Air Force ings within the 43d Ward.

VerDate Mar 15 2010 06:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.003 E26MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS May 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E961 Mr. Speaker, Alderman Vi Daley has his life, Nancy on June 23, 1957 while on ac- TRIBUTE TO MARINE PRIVATE brought great improvements and wise deci- tive naval duty. They initially lived in Brem- FIRST CLASS TED DENNIS BRITT sions to the city of Chicago and the 43d Ward. erton, WA while he finished his active duty, I would like to commend and thank Alderman and upon honorable discharge, moved to Bal- HON. JOHN LEWIS Daley for her hard work and concern for the boa Island before settling in Fullerton, CA. In OF GEORGIA residents of her Ward. I wish her well in her 1969, Ron and Nancy moved to the new com- IN THE HOUSE OF REPRESENTATIVES retirement as she spends time with her hus- munity of Yorba Linda, CA where they raised Thursday, May 26, 2011 band Vince and two daughters Kathleen and their family and were active members of Rose Colleen. Drive Friends Church. Mr. LEWIS of Georgia. Mr. Speaker, I rise to honor and commemorate Marine Private f After his active duty military service, he First Class Ted Dennis Britt, who gave his life A BRUTAL CRACKDOWN AGAINST earned his MBA from USC and embarked at Khe Sanh, on March 30th, 1968. IRAN’S BAHA’IS upon a successful sales career in the pub- Ted grew up in my district; in Decatur, lishing business. He carried the first issue of Georgia. He was born into a military family— HON. FRANK R. WOLF Electronic Component News (ECN) and His father was a Navy veteran of two wars, helped develop this publication in the bur- OF VIRGINIA and his brother served in Afghanistan as a geoning electronics industry for Chilton Pub- IN THE HOUSE OF REPRESENTATIVES Brigadier General in the Georgia Army Na- lishing. By the time he retired in 1998, he had tional Guard. Ted grew up playing baseball Thursday, May 26, 2011 risen to the role of regional vice president for and joined the Marine Corps not long after Mr. WOLF. Mr. Speaker, I would like to Chilton-ABC Publishing. graduating from Southwest Dekalb High bring to my colleagues’ attention some ex- Ron helped form the Orange County chap- School in 1967. It’s hard to believe that he tremely disturbing news coming out of Iran. ter of the Business and Professional Adver- was already engaged to be married when he Just this past weekend, a coordinated series tising Association (BPAA) where he annually enlisted at only 18 years of age. of raids have been carried out on the homes organized the annual tennis tournament. He Mr. Speaker, in 1968, PFC Ted D. Britt, was of several Iranian Baha’is. An estimated 14 became a Certified Business Communicator one of many Marines serving in harm’s way. Baha’is have been arrested thus far. (CBC) through the organization and assisted Far from home, his family, and from every- According to a representative of the Baha’i countless students interested in the adver- thing he knew, Ted served gallantly and gave International Community to the United Nations tising and publishing business. He also be- everything. Our country can never repay our in Geneva, ‘‘All of the targets were homes of came known as ‘‘Mr. Closer’’ and developed debt to him or his family, but I wish to join with individuals closely involved with the operations the art of the ‘‘power lunch’’. his friends and family in spirit, as they honor of the Baha’i Institute for Higher Education.’’ and remember him this week. This institution was created to provide young Ron led a very active life as a competitive Mr. Speaker, as you would imagine, our Baha’is an opportunity to pursue higher edu- tennis player and indefatigable hiker & biker. military has already posthumously awarded cation after being systematically denied ac- He was an avid reader who loved history and PFC Britt the appropriate medals and ribbons cess to higher learning institutions by the Ira- biographies, and was always a faithful and ac- for his bravery under fire. But I wish to add my nian government. tive member of his church. voice to their chorus. I wish to help ensure These attacks—and Iran’s general policy of Following the loss of his first wife, Nancy, to that Ted’s sacrifice is not lost to history—but suppressing religious freedom—are unaccept- cancer in 1993, he moved from the hills of remembered, honored and understood. I never able and must stop. The U.S. and the inter- Yorba Linda to the coastal community of San knew Ted Britt, but his selflessness is what I national community must vigorously speak out Clemente where he married his second wife, will never forget. against these acts of injustice facing the near- Joyce. His dream retirement was one in which To this young man’s family, and to those ly 300,000 Baha’is living in Iran today—a com- he could play as much tennis as he wished, who called him friend, I offer my thoughts and munity which, according to the recently pub- ride his bike in flat areas, and walk on the prayers. May God bless them and keep them lished report of the U.S. Commission on Inter- beach every day. With Joyce, Ron joined the in their moment of remembrance. national Religious Freedom, ‘‘has long been San Clemente Presbyterian Church where f subject to particularly severe religious viola- they each found a new life together. tions in Iran.’’ IN HONOR OF SENATOR JOHN We must not allow such atrocities to con- In retirement he spent time volunteering at GLENN tinue unnoticed. the San Diego Air & Space Museum, as a do- f cent at the Ocean Institute in Dana Point, and HON. DENNIS J. KUCINICH travelling the world with Joyce and many OF OHIO TRIBUTE TO RONALD SHUGART friends. He also consistently spent time with IN THE HOUSE OF REPRESENTATIVES BARBRE his family on both coasts and with Joyce’s family of 4 children and 9 grandchildren. Thursday, May 26, 2011 HON. KEN CALVERT Ron is survived by his wife Joyce of San Mr. KUCINICH. Mr. Speaker, I rise today to OF CALIFORNIA Clemente; son Brian (Birgit) of Gloucester, honor soldier, pilot, astronaut, and former U.S. IN THE HOUSE OF REPRESENTATIVES MA; his son Brett (Jean) of Yorba Linda; his Senator, John Glenn. His dedication to Ohio and the country has inspired the Great Lakes Thursday, May 26, 2011 grandson Daniel of Gloucester, MA; his sister Josephine Cullen of Rolling Hills Estates; his Science Center to honor him at their Reach Mr. CALVERT. Mr. Speaker, I rise today to sister Jeanette Pickering of Ventura; numer- for the Stars Benefit. recognize and honor a constituent and patriot, John Glenn was born in Cambridge, Ohio in ous cousins, nieces, nephews, step-children & Ronald Shugart Barbre who passed away 1921. He attended Muskingum College, where step-grandchildren, and friends and colleagues peacefully at his home on May 15, 2011 after he earned his pilot’s license. Before he had coast to coast. He was predeceased by his a brave battle with cancer. He was 76 years the chance to graduate, the United States en- first wife Nancy, his parents Tom Sr. and old. tered the Second World War. He enlisted as Sarah; his sister June Wagner and his broth- Ron was born December 20, 1934 at Queen a U.S. Navy aviation cadet in 1942 and was ers Tom Barbre, Jr. and Robert Shugart. of Angels Hospital in Los Angeles. His father, reassigned to the Marine Corps in 1943. Dur- Thomas Russell Barbre, was the 39th captain A memorial service celebrating Ron’s ex- ing World War II, he flew 59 missions in the in the history of the Los Angeles County Fire traordinary life will be held in June. Ron will al- South Pacific and he flew 90 combat missions Department and his mother, Sarah Shugart ways be remembered for his incredible work in the Korean War. In the late 1950s, he re- Barbre, was a homemaker. He grew up in the ethic, generosity, athleticism, and love of fam- turned to the United States and served as a Athens District of Los Angeles and graduated ily. His dedication to his family and community test pilot, and completed the first supersonic from Washington High School. are a testament to a life lived well and a leg- transnational flight in 1957. He attended the University of Southern Cali- acy that will continue. I extend my condo- In 1959, Glenn was assigned to NASA, and fornia (USC) on a naval ROTC scholarship lences to Ron’s family and friends; although on February 20, 1962 he became the fifth per- and graduated with a degree in International Ron may be gone, the light and goodness he son in space and the first American to orbit Relations. Even though she was a graduate of brought to the world remain and will never be the earth. This marked only one aspect of his cross town rival UCLA, he married the love of forgotten. illustrious career at NASA, which honored him

VerDate Mar 15 2010 06:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.002 E26MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS E962 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2011 with the NASA Distinguished Service Medal. Mr. Hart was born in San Francisco in 1940 Azerbaijan is a secular, modern, Muslim, Three decades later, in 1998, John Glenn be- and moved to Yountville at the age of 3. He country, which practices broad religious toler- came the oldest person to ever go into space, is the great-grandson of a Yountville pioneer, ance. Religion does not play any role in the at the age of 77, in order for NASA to study Mr. Mathias Van de Leur, who was a Napa Government. The capital city of Baku has five the effects of space travel on seniors. County Supervisor and a mason who built the Jewish synagogues and Christian churches John Glenn also served as U.S. Senator St. Helena Catholic Church, several stone abound. The country has a close relationship from 1974 until 1999. He served as chair of bridges and the Manor House at Stagg’s Leap with Israel. Azerbaijani teams, this year, flew the Committee on Government Affairs, sat on Winery. to Israel and helped the Israelis fight large the Foreign Affairs and Armed Services com- Lee Hart has been on the Board of the wildfires. State visits, back and forth between mittees, and was the chief author of the 1978 Yountville Cemetery Association for 46 years the two countries, are common. They are Nonproliferation Act. His exemplary public and has been the President and proven leader strong trading partners. service was recognized by the Woodrow Wil- since 1967. His love of Napa moved him to Azerbaijan is a strong ally of the United son International Center for Scholars, which shift careers, from the banking world to serv- States in a very important and very uncertain awarded him the Woodrow Wilson Award for ing as a police officer with the Napa Police region of the world with Russia to the north Public Service in 2004. He has also received Department, from where he retired after 26 and Iran to the south. Yet, not only is Azer- the Congressional Space Medal of Honor and years of service. Mr. Hart was recognized as baijan stable, politically and economically, it the Congressional Gold Medal. In 1998 he ‘‘Police Officer of the Year;’’ he also taught was also the first Muslim nation to offer troops founded The Ohio State University’s John self-defense at the Napa Valley College, and to support the United States in the wars in Af- Glenn Institute for Public Service and Public was an instructor for the Napa Police Acad- ghanistan and Iraq. Air fields in Azerbaijan Policy, now known as the John Glenn School emy. After retiring from the police force, he continue to provide logistics support for Amer- of Public Affairs. was a Marshall for the Napa Sheriff’s Depart- ican troops in both theatres. Mr. Speaker and colleagues, please join me ment for another 10 years. Mr. Speaker, I commend Azerbaijan as it in honor and recognition of a national hero, Mr. Hart has been a lifelong member of moves forward on the path to democracy and John Glenn. His dedication to education and Toastmasters, Ducks Unlimited, the California thank them for their strong support of the country serve as an inspiration to us all. Waterfowl Association, and is the founding United States. My congratulations to the peo- member of the George Yount Mountainmen f ple of Azerbaijan on the anniversary of Repub- organization. He has been known to partici- lic Day, which symbolizes the universal quest CONGRATULATING ALDERMAN pate in the Yountville Parade and dress as for freedom and democracy. HELEN SHILLER George Yount. Mr. Hart has been involved in martial arts since 1964, and is a 9th Degree f HON. MIKE QUIGLEY Black Belt, having won several competitions NATIONAL DEFENSE AUTHORIZA- OF ILLINOIS with gold, silver and bronze medals. TION ACT FOR FISCAL YEAR 2012 IN THE HOUSE OF REPRESENTATIVES ‘‘Anything done in moderation is boring,’’ is one of Mr. Hart’s favorite sayings and he can Thursday, May 26, 2011 SPEECH OF always be found sharing a good story and Mr. QUIGLEY. Mr. Speaker, I rise today in showcasing his duck decoy collection. Mr. HON. HOWARD L. BERMAN recognition of Helen Shiller, Alderman of Chi- Hart is fortunate to be surrounded by a large OF CALIFORNIA cago’s 46th Ward. After 24 years of hard work circle of loving family and life-long friends. He IN THE HOUSE OF REPRESENTATIVES and great service, she has decided to retire. married Chrissy Hart in 1991. He has three Wednesday, May 25, 2011 As Alderman, Helen was very responsive to children: Elizabeth, Victoria and Leroy-Ma- the community she represented and worked thias, and 10 grandchildren. The House in Committee of the Whole continually to improve life in the 46th Ward. Mr. Speaker, it is appropriate at this time House on the State of the Union had under consideration the bill (H.R. 1540) to authorize She introduced recycling programs to residen- that we acknowledge Leroy Edward Hart for tial and commercial high-rises, helped foster appropriations for fiscal year 2012 for mili- his decades of devoted service to the Napa tary activities of the Department of Defense economic and job growth, assisted senior citi- Valley community on this Memorial Day. and for military construction, to prescribe zens by placing CTA shelters near their build- f military personnel strengths for fiscal year ings and simplified the application process for 2012, and for other purposes: senior sewer rebates. She strived to make CONGRATULATONS TO AZERBAIJAN Mr. BERMAN. Mr. Chair, I rise in support of Chicago an easier place to live by creating af- the amendment to strike section 1034 from the fordable housing programs. bill. Let’s be clear what we are debating here Alderman Shiller welcomed the diversity that HON. LYNN C. WOOLSEY today: the bill before us would amend the au- makes up the 46th Ward and worked hard to OF CALIFORNIA thorization for the use of military force (AUMF) IN THE HOUSE OF REPRESENTATIVES make sure all aspects of her constituency that Congress passed in the wake of the 9/11 were represented in City Council. In 1990, she Thursday, May 26, 2011 attacks—not just reaffirm the existing author- passed an anti-apartheid ordinance and in Ms. WOOLSEY. Mr. Speaker, in October, ization. 1992, tripled the City’s funding budget for 2011, Azerbaijan will celebrate 20 years of As a threshold matter, I question the those living with HIV/AIDS. Alderman Shiller independence as a democratic republic, since premise for this amendment. Proponents believed the best way to govern was to listen, the collapse of the Soviet Union in 1991. How- argue that Congress needs to act now lest a and by doing so she was able to fairly rep- ever, Azerbaijan’s desire for independence court change its interpretation of the AUMF. resent her residents. Proponents also argue that the President has Mr. Speaker, it is a privilege to recognize Al- dates back much further to the collapse of Im- been hamstrung in his ability to detain and tar- derman Helen Shiller for her 24 years of dedi- perial Russia in 1918. On May 28, 2011, Azer- get groups linked to al Qaeda, like al Qaida in cated service to the 46th Ward of Chicago. I baijan will be celebrating the 93rd anniversary the Peninsula (AQAP). thank Alderman Shiller and wish her luck on of the establishment of the Azerbaijan Demo- Yet Defense Department General Counsel all her future endeavors. cratic Republic, the first Muslim democracy. Azerbaijan also gave women the right to vote Jeh Johnson made clear in public testimony f in 1918, over 2 years before the ratification of that DoD has all the authority it needs to fight HONORING LEROY EDWARD HART the 19th Amendment to the United States terror. And I’ve seen no evidence that the Ad- OF NAPA COUNTY, CALIFORNIA Constitution made women’s suffrage a reality ministration feels any restraints on its ability to in our country. target threats like AQAP. In fact, the White HON. MIKE THOMPSON Unfortunately, Azerbaijan’s independence House stated yesterday it ‘‘strongly objects’’ to OF CALIFORNIA was short-lived, and was snuffed out by the section 1034. If the Administration, which Bolshevik Revolution and the crushing take- stands to benefit most from the proposed IN THE HOUSE OF REPRESENTATIVES over by Soviet Russia. Many Azerbaijanis lost amendment to the AUMF, is arguing against it, Thursday, May 26, 2011 their lives in 1920, trying to keep their inde- I have serious doubts we should proceed. Mr. THOMPSON of California. Mr. Speaker, pendence alive. After years of living under So- I support efforts to update the AUMF of I rise today in recognition of community mem- viet rule, in 1991, Azerbaijan regained its inde- 2001. The AUMF should reflect the diffuse ter- ber Lee Hart, for his outstanding work in Napa pendence following the collapse of the Soviet rorist threat faced by the US today and clarify County, California. Union. that the President has the authority to target

VerDate Mar 15 2010 06:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.005 E26MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS May 26, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E963 groups closely linked to al Qaeda and the At some point, congressional failure to up- committee of jurisdiction—and with only a Taliban that came into being after 9/11 and date the AUMF could force the President to passing mention in an Armed Services Com- that pose a direct threat to the United States. rely on his Article II authority to target entities mittee hearing. We should also update it as a matter of con- increasingly removed from 9/11. gressional prerogative. Congress should take But this provision in the NDAA is no way to There’s been no floor debate beyond this ownership of the AUMF rather than let the do it. amendment, and no opportunity for the Admin- courts and the Executive interpret the 2001 Sec. 1034 was advanced with no hearings istration or outside experts to weigh in. legislation unilaterally. in the Foreign Affairs Committee—the principal

VerDate Mar 15 2010 06:54 May 27, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.009 E26MYPT1 rfrederick on DSKD9S0YB1PROD with REMARKS Thursday, May 26, 2011 Daily Digest

HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House of Representatives to S. 990, Small Business Additional Temporary Ex- tension Act, with an amendment. The House passed H.R. 1540, National Defense Authorization Act for Fiscal Year 2012. Senate States, and the resolution was then agreed to, after Chamber Action agreeing to the following amendment proposed Routine Proceedings, pages S3367–S3469 thereto: Pages S3460–61 Measures Introduced: Sixty-two bills and six reso- Klobuchar (for Murray) Amendment No. 388, to lutions were introduced, as follows: S. 1081–1142, express the sense of Congress on the establishment S.J. Res. 17, and S. Res. 200–204. Pages S3426–28 of an advisory commission on memorials at Arling- Measures Reported: ton National Cemetery and facilitate evaluation and S. 968, to prevent online threats to economic cre- approval of future monuments and memorials at the ativity and theft of intellectual property, with an cemetery. Pages S3460–61 amendment in the nature of a substitute. Page S3426 National Cancer Research Month: Committee on Measures Passed: Health, Education, Labor, and Pensions was dis- charged from further consideration of S. Res. 172, Small Business Act and the Small Business In- recognizing the importance of cancer research and vestment Act: Senate passed S. 1082, to provide for the contributions made by scientists and clinicians an additional temporary extension of programs under across the United States who are dedicated to find- the Small Business Act and the Small Business In- ing a cure for cancer, and designating May 2011, as vestment Act of 1958. Page S3372 ‘‘National Cancer Research Month’’, and the resolu- Intelligence Authorization Act for Fiscal Year tion was then agreed to. Page S3461 2011: Senate passed H.R. 754, to authorize appro- National Foster Care Month: Senate agreed to S. priations for fiscal year 2011 for intelligence and in- Res. 203, recognizing ‘‘National Foster Care Month’’ telligence-related activities of the United States Gov- as an opportunity to raise awareness about the chal- ernment, the Community Management Account, and lenges of children in the foster care system, and en- the Central Intelligence Agency Retirement and Dis- couraging Congress to implement policy to improve ability System. Page S3458 the lives of children in the foster care system. Faster FOIA Act: Senate passed S. 627, to estab- Page S3462 lish the Commission on Freedom of Information Act Processing Delays, after agreeing to the committee National Hunger Awareness Day: Senate agreed to S. Res. 204, designating June 7, 2011, as ‘‘Na- amendments. Pages S3458–60 tional Hunger Awareness Day’’. Pages S3462–63 Honoring the Memory of the Jewish Chaplains: Committee on Veterans’ Affairs was discharged from House Messages: further consideration of S. Con. Res. 4, expressing Small Business Additional Temporary Extension the sense of Congress that an appropriate site on Act: By 72 yeas to 23 nays (Vote No. 84), Senate Chaplains Hill in Arlington National Cemetery agreed to the motion to concur in the amendment should be provided for a memorial marker to honor of the House of Representatives to S. 990, to provide the memory of the Jewish chaplains who died while for an additional temporary extension of programs on active duty in the Armed Forces of the United under the Small Business Act and the Small Business D560

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, May 26, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D561 Investment Act of 1958, with Reid Amendment No. half of the Republican Leader, after consultation 347, of a perfecting nature, after taking action on with the Chairman of the Select Committee on In- the following motions and amendments proposed telligence of the Senate, and pursuant to the provi- thereto: Pages S3367–72, S3372–S3402 sions of Public Law 107–306, as amended by Public Withdrawn: Law 111–259, announced the appointment of the Paul Amendment No. 363 (to Reid Amendment following individual to serve as a member of the Na- No. 347), to clarify that the authority to obtain in- tional Commission for the Review of the Research formation under the USA PATRIOT Act and subse- and Development Programs of the United States In- quent reauthorizations does not include authority to telligence Community: obtain certain firearm records. (By 85 yeas to 10 John H. Young of Virginia. Page S3463 nays (Vote No. 82), Senate tabled the amendment.) (A unanimous-consent agreement was reached pro- Congressional-Executive Commission on the Peo- viding that the motion to table the amendment, ple’s Republic of China: The Chair, on behalf of the having failed to achieve 60 votes in opposition, the President of the Senate, and after consultation with the Republican Leader, pursuant to Public Law amendment be withdrawn). Pages S3400–01 Paul Amendment No. 365 (to Reid Amendment 106–286, appointed the following Members to serve No. 347), to limit suspicious activity reporting re- on the Congressional-Executive Commission on the quirements to requests from law enforcement agen- People’s Republic of China: cies. (By 91 yeas to 4 nays (Vote No. 83), Senate ta- Senator Collins, and bled the amendment.) (A unanimous-consent agree- Senator Risch. ment was reached providing that the motion to table Authorizing Leadership to Make Appoint- the amendment, having failed to achieve 60 votes in ments—Agreement: A unanimous-consent agree- opposition, the amendment be withdrawn). ment was reached providing that from Friday, May Pages S3400–01 27, 2011 through Friday, June 3, 2011, the Presi- Reid Amendment No. 348 (to Amendment No. dent of the Senate, the President Pro Tempore, and 347), to change the enactment date. Page S3401 the Majority and Minority Leaders be authorized to During consideration of this measure today, Senate make appointments to commissions, committees, also took the following action: boards, conferences, or interparliamentary conferences By 79 yeas to 18 nays (Vote No. 81), three-fifths authorized by law, by concurrent action of the two of those Senators duly chosen and sworn, having Houses, or by order of the Senate. Page S3463 voted in the affirmative, Senate agreed to the motion to close further debate on the motion to concur in Signing Authority—Agreement: A unanimous- the amendment of the House to the bill, with Reid consent agreement was reached providing that from Amendment No. 347, (listed above). Page S3368 Thursday, May 26, 2011 through Friday, June 3, Reid motion to refer the message of the House on 2011, the Majority Leader, Senator Klobuchar and the bill to the Committee on Small Business and Senator Webb be authorized to sign duly enrolled Entrepreneurship with instructions, Reid Amend- bills or joint resolutions. Page S3463 ment No. 349, to change the enactment date, fell Pro-Forma Sessions—Agreement: A unanimous- when cloture was invoked on the motion to concur consent agreement was reached providing that when in the amendment of the House to the bill, with the Senate adjourns on Friday, May 27, 2011, it Reid Amendment No. 347. Page S3368 stand adjourned until 10 a.m. on Tuesday, May 31, Reid Amendment No. 350 (to (the instructions) 2011, for a pro-forma session only with no business Amendment No. 349), of a perfecting nature, fell conducted; that when the Senate adjourns on Tues- when the Reid motion to refer the message of the day, May 31, 2011, it stand adjourned until 10:30 House on the bill to the Committee on Small Busi- a.m., on Friday, June 3, 2011, for a pro forma ses- ness and Entrepreneurship with instructions, Reid sion with no business conducted. Page S3465 Amendment No. 349 fell. Page S3368 Verrilli, Jr. Nomination—Agreement: Senate Reid Amendment No. 351 (to Amendment No. 350), of a perfecting nature, fell when Reid Amend- began consideration of the nomination of Donald B. ment No. 350 (to (the instructions) Amendment No. Verrilli, Jr., of the District of Columbia, to be Solic- itor General of the United States. Pages S3457–58 349) fell. Page S3368 A motion was entered to close further debate on Appointments: the nomination and, in accordance with the provi- National Commission for the Review of the Re- sions of Rule XXII of the Standing Rules of the search and Development Programs of the United Senate, and pursuant to the unanimous-consent States Intelligence Community: The Chair, on be- agreement of Thursday, May 26, 2011, a vote on

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D562 CONGRESSIONAL RECORD — DAILY DIGEST Thursday, May 26, 2011 cloture will occur at approximately 5:30 p.m. on Judith A. Ansley, of Massachusetts, to be a Mem- Monday, June 6, 2011. Page S3458 ber of the Board of Directors of the United States A unanimous-consent-time agreement was reached Institute of Peace for a term of four years. providing that Senate resume consideration of the Michael E. Guest, of South Carolina, to be a nomination at 4:30 p.m., on Monday, June 6, 2011; Member of the National Security Education Board that there be one hour for debate equally divided for a term of four years. and in the usual form prior to the cloture vote. Ana Margarita Guzman, of Texas, to be a Member Page S3458 of the National Security Education Board for a term Nominations Confirmed: Senate confirmed the fol- of four years. lowing nominations: Sim Farar, of California, to be a Member of the Denise Ellen O’Donnell, of New York, to be Di- United States Advisory Commission on Public Di- rector of the Bureau of Justice Assistance. plomacy for a term expiring July 1, 2012. Jo Ann Rooney, of Massachusetts, to be Principal William J. Hybl, of Colorado, to be a Member of Deputy Under Secretary of Defense for Personnel and the United States Advisory Commission on Public Readiness. Diplomacy for a term expiring July 1, 2012. Allison A. Hickey, of Virginia, to be Under Sec- Daniel L. Glaser, of the District of Columbia, to retary for Benefits of the Department of Veterans Af- be Assistant Secretary for Terrorist Financing, De- fairs. partment of the Treasury. Martha Wagner Weinberg, of Massachusetts, to Christopher B. Howard, of Virginia, to be a Mem- be a Member of the National Council on the Hu- ber of the National Security Education Board for a manities for a term expiring January 26, 2016. term of four years. Clyde E. Terry, of New Hampshire, to be a Mem- Daniel Benjamin Shapiro, of Illinois, to be Am- ber of the National Council on Disability for a term bassador to Israel. expiring September 17, 2013. Henry S. Ensher, of California, to be Ambassador Cora B. Marrett, of Wisconsin, to be Deputy Di- to the People’s Democratic Republic of Algeria. rector of the National Science Foundation. Wanda Felton, of New York, to be First Vice Janice Lehrer-Stein, of California, to be a Member President of the Export-Import Bank of the United of the National Council on Disability for a term ex- States for a term expiring January 20, 2013. piring September 17, 2013. Sean Robert Mulvaney, of Illinois, to be a Mem- Paula Barker Duffy, of Illinois, to be a Member ber of the Board of Directors of the Export-Import of the National Council on the Humanities for a Bank of the United States for a term expiring Janu- term expiring January 26, 2016. ary 20, 2015. Cathy N. Davidson, of North Carolina, to be a Stuart E. Jones, of Virginia, to be Ambassador to Member of the National Council on the Humanities the Hashemite Kingdom of Jordan. for a term expiring January 26, 2016. 37 Air Force nominations in the rank of general. Constance M. Carroll, of California, to be a Mem- 5 Army nominations in the rank of general. ber of the National Council on the Humanities for 16 Marine Corps nominations in the rank of gen- a term expiring January 26, 2016. eral. Albert J. Beveridge III, of the District of Colum- 4 Navy nominations in the rank of admiral. bia, to be a Member of the National Council on the Routine lists in the Air Force, Army, Coast Humanities for a term expiring January 26, 2016. Guard, Foreign Service, Marine Corps, Navy, and Steve L. Muro, of California, to be Under Sec- Public Health Service. Pages S3463–65, S3466–69 retary of Veterans Affairs for Memorial Affairs. George Albert Krol, of New Jersey, to be Ambas- Nominations Received: Senate received the fol- sador to the Republic of Uzbekistan. lowing nominations: John A. Lancaster, of New York, to be a Member Leon E. Panetta, of California, to be Secretary of of the Board of Directors of the United States Insti- Defense. tute of Peace for the remainder of the term expiring Kathleen Kerrigan, of Massachusetts, to be a September 19, 2011. Judge of the United States Tax Court for the term John A. Lancaster, of New York, to be a Member of fifteen years. of the Board of Directors of the United States Insti- Albert F. Lauber, of the District of Columbia, to tute of Peace for a term of four years. be a Judge of the United States Tax Court for the Judith A. Ansley, of Massachusetts, to be a Mem- term of fifteen years. ber of the Board of Directors of the United States Arnold F. Stancell, of Connecticut, to be a Mem- Institute of Peace for the remainder of the term ex- ber of the National Science Board, National Science piring September 19, 2011. Foundation, for a term expiring May 10, 2014.

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, May 26, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D563 Ronald David McCray, of Texas, to be a Member APPROPRIATIONS: UNITED STATES of the Federal Retirement Thrift Investment Board CENTRAL COMMAND AND UNITED STATES for a term expiring September 25, 2012. AFRICA COMMAND Ronald David McCray, of Texas, to be a Member Committee on Appropriations: Subcommittee on Depart- of the Federal Retirement Thrift Investment Board ment of Defense met in closed session to receive a for a term expiring September 25, 2016. briefing on proposed budget estimates for fiscal year David H. Petraeus, of New Hampshire, to be Di- 2012 for United States Central Command and rector of the Central Intelligence Agency. United States Africa Command from James N. 1 Air Force nomination in the rank of general. Mattis, USMC, Commander, U.S. Central Command, Routine lists in the Navy. Page S3466 and Carter F. Ham, USA, Commander, U.S. Africa Messages from the House: Page S3425 Command, both of the Department of Defense. Measures Referred: Page S3425 BUSINESS MEETING Measures Read the First Time: Pages S3425, S3463 Committee on Banking, Housing, and Urban Affairs: Executive Communications: Pages S3425–26 Committee ordered favorably reported the nomina- Executive Reports of Committees: Page S3426 tion of Timothy G. Massad, of Connecticut, to be an Assistant Secretary of the Treasury. Additional Cosponsors: Pages S3428–30 Statements on Introduced Bills/Resolutions: HOUSING FINANCE SYSTEM Pages S3430–54 Committee on Banking, Housing, and Urban Affairs: Additional Statements: Pages S3420–25 Committee concluded a hearing to examine public Amendments Submitted: Pages S3455–57 proposals for the future of the housing finance sys- Authorities for Committees to Meet: Page S3457 tem, after receiving testimony from Terri Ludwig, Enterprise Community Partners, New York, New Privileges of the Floor: Page S3457 York; Ron Phipps, National Association of Realtors, Record Votes: Four record votes were taken today. Warwick, Rhode Island; Mark J. Parrell, National (Total—84) Pages S3368, S3401 Multi Housing Council and the National Apartment Adjournment: Senate convened at 9:30 a.m. and Association, and Greg Heerde, Aon Benfield, both of adjourned at 8:30 p.m., until 9:30 a.m. on Friday, Chicago, Illinois; Martin S. Hughes, Redwood Trust, May 27, 2011. (For Senate’s program, see the re- Inc., San Rafael, California; and Barry Rutenberg, marks of the Acting Majority Leader in today’s National Association of Home Builders, Gainesville, Record on page S3465.) Florida. BUSINESS MEETING Committee Meetings Committee on Energy and Natural Resources: Committee ordered favorably reported the following business (Committees not listed did not meet) items: S. 630, to promote marine and hydrokinetic re- AMERICAN AGRICULTURE AND THE NEXT newable energy research and development, with FARM BILL amendments; Committee on Agriculture, Nutrition, and Forestry: Com- An original bill to provide for the conduct of an mittee concluded a hearing to examine the role, analysis of the impact of energy development and risks, and challenges for American agriculture and production on the water resources of the United the next farm bill in meeting the demands of a States, and for other purposes; growing world, after receiving testimony from An original bill to amend the Federal Power Act Thomas J. Vilsack, Secretary of Agriculture; Dan to protect the bulk-power system and electric infra- Glickman, The Chicago Council on Global Affairs’ structure critical to the defense of the United States Global Agricultural Development Initiative, Wash- against cybersecurity and other threats and ington, D.C.; Barry A. Mumby, Wakeshma Farms vulnerabilities; LLC, Colon, Michigan; Andrew A. Rosenberg, Con- S. 699, to authorize the Secretary of Energy to servation International, Alexandria, Virginia; Doug carry out a program to demonstrate the commercial DeVries, Deere and Company, Moline, Illinois; and application of integrated systems for long-term geo- Per Pinstrup-Andersen, Cornell University, Ithaca, logical storage of carbon dioxide, with amendments; New York. and

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D564 CONGRESSIONAL RECORD — DAILY DIGEST Thursday, May 26, 2011 S. 757, to provide incentives to encourage the de- ico; Jana Harcharek, North Slope Borough School velopment and implementation of technology to cap- District, Barrow, Alaska; David Beaulieu, University ture carbon dioxide from dilute sources on a signifi- of Wisconsin-Milwaukee Electa Quinney Institute cant scale using direct air capture technologies, with for American Indian Education; and Shawn amendments. Kanaiaupuni, Kamehameha Schools, Honolulu, Ha- UNITED STATES-KOREA FREE TRADE waii. AGREEMENT BUSINESS MEETING Committee on Finance: Committee concluded a hearing to examine the United States-Korea Free Trade Committee on the Judiciary: Committee ordered favor- Agreement, after receiving testimony from ably reported the following business items: Demetrios Marantis, Deputy United States Trade S. 968, to prevent online threats to economic cre- Representative; Errol Rice, Montana Stockgrowers ativity and theft of intellectual property, with an Association Inc., Helena; Thea Mei Lee, American amendment in the nature of a substitute; and Federation of Labor and Congress of Industrial Orga- The nominations of John Andrew Ross, to be nizations, Washington, D.C.; and Timothy E. United States District Judge for the Eastern District Guertin, Varian Medical Systems, Inc., Palo Alto, of Missouri, Timothy M. Cain, to be United States California. District Judge for the District of South Carolina, Nannette Jolivette Brown, to be United States Dis- NOMINATION trict Judge for the Eastern District of Louisiana, Committee on Foreign Relations: Committee concluded Nancy Torresen, to be United States District Judge a hearing to examine the nomination of Gary Locke, for the District of Maine, and William Francis of Washington, to be Ambassador to the People’s Kuntz, II, to be United States District Judge for the Republic of China, Department of State, after the Eastern District of New York. nominee testified and answered questions in his own behalf. INTELLIGENCE BUSINESS MEETING Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony Committee on Homeland Security and Governmental Af- from officials of the intelligence community. fairs: Committee ordered favorably reported S. 792, Committee recessed subject to the call. to authorize the waiver of certain debts relating to assistance provided to individuals and households OLDER AMERICANS ACT since 2005, with an amendment in the nature of a substitute. Special Committee on Aging: Committee concluded a hearing to examine meals, rides, and caregivers, fo- NATIVE LANGUAGE AND CULTURE-BASED cusing on the ‘‘Older Americans Act’’, after receiving EDUCATION testimony from Kathy Greenlee, Assistant Secretary Committee on Indian Affairs: Committee concluded an of Health and Human Services for Aging; Former oversight hearing to examine expanding the success First Lady Rosalynn Carter, Georgia Southwestern of native language and culture-based education, after State University Rosalynn Carter Institute for receiving testimony from Namaka Rawlins, ’Aha Caregiving, Americus; Heather A. Bruemmer, State Punana Leo, Inc. and Hawaiian Language College, of Wisconsin Board on Aging and Long Term Care, Hilo, Hawaii; Larry C. Lasley Sr., Meskwaki Settle- Madison; Max Richtman, Leadership Council of ment School Board, Tama, Iowa; Alvin N. Parker, Aging Organizations (LCAO), Washington, D.C.; Ka Waihona o ka Na’auao Public Charter School, Timothy A. Howell, Senior Citizens Home Assist- Waianae, Hawaii; Kevin Shendo, Pueblo of Jemez ance Service, Inc., Knoxville, Tennessee; and Eliza- Department of Education, Jemez Pueblo, New Mex- beth N. Marshall, York, Pennsylvania.

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, May 26, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D565 House of Representatives Runyan amendment (No. 134 printed in H. Rept. Chamber Action 112–88) that requires that the Secretary of Defense Public Bills and Resolutions Introduced: 55 pub- establish goals for competition in contracts for the lic bills, H.R. 2000–2054; and 7 resolutions, H.J. procurement of property or services to be used out- Res. 66; H. Con. Res. 56; and H. Res. 280, side the United States in support of a contingency 282–285 were introduced. Pages H3753–56 operation and requires that processes be developed to measure and monitor such competition, including Additional Cosponsors: Pages H3758–59 task order categories for services, construction, and Reports Filed: Reports were filed today as follows: supplies; Pages H3690–91 H.R. 1425, to reauthorize and improve the SBIR Thompson (PA) amendment (No. 141 printed in and STTR programs, and for other purposes, with an H. Rept. 112–88) that expands the Department of amendment (Rept. 112–90 Pt. 1); Defense state licensure exception to qualified and H.R. 2017, making appropriations for the Depart- credentialed DOD healthcare professionals, including ment of Homeland Security for the fiscal year ending contractors and civilians, and removes the location September 30, 2012, and for other purposes (H. requirement to better allow our Guard and Reserve Rept. 112–91); and access to immediate and efficient care; Page H3691 H. Res. 281, providing for consideration of the McKeon en bloc amendment No. 3 that consists Senate amendment to the House amendment to the of the following amendments printed in H. Rept. bill (S. 990) to provide for an additional temporary 112–88: Petri amendment (No. 70) that clarifies extension of programs under the Small Business Act that direct use solar energy technology is considered and the Small Business Investment Act of 1958, and a renewable energy source for the purposes of the re- for other purposes (H. Rept. 112–92). Page H3753 quirement that DOD obtain 25% of its facility en- National Defense Authorization Act for Fiscal ergy from renewable sources by 2025; Akin amend- ment (No. 74) that adds a Sense of Congress sup- Year 2012: The House passed H.R. 1540, to au- porting the establishment of long-term contracting thorize appropriations for fiscal year 2012 for mili- authority for the DOD for procurement of alter- tary activities of the Department of Defense and for native fuels; Boustany amendment (No. 85) that re- military construction and to prescribe military per- quires the Administration to submit to the appro- sonnel strengths for fiscal year 2012, by a recorded priate committees an implementation plan for vote of 322 ayes to 96 noes, Roll No. 375. Consider- achieving the President’s ‘‘whole-of-government’’ in- ation of the measure began on Tuesday, May 24th. tegration vision and an annual update on the imple- Pages H3687–H3737 mentation plan; Carnahan amendment (No. 86) that Rejected the Schrader motion to recommit the bill withholds the use of 25 percent of funds authorized to the Committee on Armed Services with instruc- for the Afghanistan Security Forces Fund; Coffman tions to report the same back to the House forthwith amendment (No. 87) that requires the Secretary of with an amendment, by a recorded vote of 185 ayes Defense to submit a report to the congressional de- to 233 noes, Roll No. 374. Pages H3735–37 fense committees on the feasibility and desirability Agreed to amend the title so as to read: ‘‘To au- of recycling rare earth elements used by the DoD; thorize appropriations for fiscal year 2012 for mili- Coffman amendment (No. 88) that requires the Sec- tary activities of the Department of Defense, for retary of Defense to submit a report to the congres- military construction, and for defense activities of sional defense committees on methods to increase the the Department of Energy, to prescribe military per- efficiency of the tuition assistance program; Connolly sonnel strengths for such fiscal year, and for other amendment (No. 90) that directs the Secretary of purposes.’’. Page H3737 Defense to submit a report to Congress after 180 Agreed to: days on the estimated cost of expanding the Home- Inslee amendment (No. 110 printed in H. Rept. owners Assistance Program to various 112–88) that gives the Department of Defense the servicemembers who currently are not eligible under authority to provide severely wounded or seriously ill the Permanent Change of Station category; Connolly service members, who remain on active duty, with amendment (No. 91) that improves the performance a broad range of rehabilitative equipment including of the Federal Acquisition Institute; Connolly recreational sports equipment that must be specially amendment (No. 92) that improves federal intern- customized to meet the needs of the service member; ship programs through better management and in- Pages H3687–88 tern recruitment; Connolly amendment (No. 93) that

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D566 CONGRESSIONAL RECORD — DAILY DIGEST Thursday, May 26, 2011 takes fuel costs into account during the procurement ment for this disorder should be expanded; Kind process for tents and other structures; Carson amend- amendment (No. 113) that allows the Secretary of ment (No. 94) that amends the Department of De- Defense to enter into a special military cooperative fense pre-separation counseling program to provide agreement for the operation and maintenance of any discharging service members and their spouses with State training center certified by the Federal Emer- financial and job placement counseling; Courtney gency Management Agency as capable of providing amendment (No. 95) that transfers the Troops to emergency response training; Kinzinger amendment Teachers program from the Department of Education (No. 114) that prohibits any funds made available by to the Department of Defense; Dent amendment this Act from being used to research, develop, manu- (No. 97) that requires the Secretary of Defense to facture, or procure a newly designed flight suit for conduct a study to measure the domestic capacity in members of the Armed Services; Langevin amend- accordance with the Defense Acquisition Regulations ment (No. 115) that prohibits the transfer of funds System to manufacture ship shafts and other forged from National Defense Education Program K–12 components used by surface and sub-surface vessels education component; Larsen (WA) amendment (No. of the U.S. Navy; Ellison amendment (No. 101) that 116) that provides authority to the Secretary of requires the Secretary of Defense to update the Con- State, with the concurrence of the Secretary of De- gressional defense committees on the United States fense, to provide assistance to foreign nations to military strategy in Afghanistan in light of the death strengthen that nation’s national and regional secu- of Osama Bin Laden; Flake amendment (No. 102) rity interests consistent with U.S. foreign policy in- that requires that the DoD make public any written terests and with existing law; Lee amendment (No. communications from Congress recommending that 117) that prohibits funding to construct permanent funds specified in Division D be directed towards a military bases in Iraq and Afghanistan; Lipinski particular project; Flake amendment (No. 103) that amendment (No. 118) that expresses a Sense of Con- require the DoD to submit a report to Congress jus- gress regarding the establishment of a National Ko- tifying the use of funds and detailing the process by rean War Museum; LoBiondo amendment (No. 119) which those funds were awarded, for each program that clarifies the SEAD/DEAD report required in element under Section 201 that received an author- Section 334 the FY2011 National Defense Author- ization of appropriations that is more than what the ization Act; Luetkemeyer amendment (No. 120) that President requested; Franks (AZ) amendment (No. directs the Secretaries of the military departments to 104) that transfers administrative jurisdiction, cus- conduct a review of military service records to deter- tody, and control of the Air Force Memorial from mine whether certain Jewish American war veterans the Secretary of the Army to the Secretary of the Air should be awarded the Medal of Honor; Maloney Force; and Garamendi amendment (No. 105) that re- amendment (No. 121) that amends Sec. 1091 of this quires the National Academy of Sciences to Review act to replace ‘‘Critical Infrastructure Information’’ in of Nuclear Waste Reprocessing and Nuclear Reactor every case with ‘‘Critical Infrastructure Security In- Technology; Pages H3699–H3707 formation,’’ add a definition of Critical Infrastructure McKeon en bloc amendment No. 4 that consists Security Information, and add a balancing test for of the following amendments printed in H. Rept. the public interest when regarding treatment under 112–88: Hanabusa amendment (No. 106) that al- the Freedom of Information Act; McCollum amend- lows those in the IRR to obtain health insurance ment (No. 122) that limits the amount spent on through TRICARE for continuity of care; Hastings military musical units to $200,000,000 in fiscal year (WA) amendment (No. 107) that reauthorizes the 2012; Miller (MI) amendment (No. 123) that directs Department of Energy’s Office of River Protection the DoD to collaborate with the Department of through September 30, 2019; Hastings (FL) amend- Homeland Security to identify technology and ment (No. 108) that adds Sense of Congress lan- equipment that could be used to secure the border; guage regarding Members of Congress obtaining a Moran amendment (No. 124) that limits the number comprehensive understanding of the cultures, reli- of parking spaces the Army would be permitted to gions, ethnicities, geographies, histories and politics use at the BRAC #133 location in Alexandria, Vir- of nations in which the Armed Force are engaged; ginia, to 1,000; Murphy (PA) amendment (No. 125) Heck amendment (No. 109) that provides DoD with that directs the Surgeons General of the Army, the option to transition to HCFC blend fire suppres- Navy, and Air Force to submit a report to Congress sant agents to replace its current agent Halon 1211; on whether additional behavioral health professionals Jackson Lee amendment (No. 112) that expresses the are needed to treat members of the Armed Forces for Sense of Congress that Post Traumatic Stress Dis- PTSD and TBI; and Murphy (CT) amendment (No. order is an increasing disorder affecting returning 126) that requires greater transparency in the members of the Armed Forces and access to treat- issuance of Buy American waivers; Pages H3707–13

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, May 26, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D567 McKeon en bloc amendment No. 5 that consists government; Tierney amendment (No. 46) that offi- of the following amendments printed in H. Rept. cially recognizes the City of Salem, Massachusetts, as 112–88: Nugent amendment (No. 127) that expands the birthplace of the National Guard of the United retroactive eligibility of the Army Combat Action States; Tierney amendment (No. 143) that requires Badge to include members of the Army who partici- the DoD to submit a report to Congress assessing pated in combat during which they personally en- the manufacturing industry of the United States; gaged, or were personally engaged by, the enemy at Tierney amendment (No. 144) that establishes a any time on or after December 7, 1941; Pearce working group to monitor the foreign police train- amendment (No. 128) that prohibits the Depart- ing programs, projects, and activities of the various ment of the Army from bundling contracts whose Federal departments and agencies and coordinate and total value is more than $1,000,000 unless certain unify such programs, projects and activities under a criteria are met; Pompeo amendment (No. 129) that single strategic framework; Tierney amendment (No. waives the time limitation for the award of the 145) that creates an Assistant Secretary of Defense Medal of Honor to Father Chaplain Emil Kapaun for for Contingency Contracting; Turner amendment heroic deeds during the Korean Conflict; Pompeo (No. 146) that clarifies the intent of section 1055 by amendment (No. 130) that clarifies the Medal of explicitly allowing activities determined by the Sec- Honor process by requiring the Secretary of Defense, retary of Defense to be necessary to ensure the con- rather than the respective military service secretary, tinued safety, security, and reliability of the nuclear to submit the DoD recommendation to Congress; weapons stockpile; and Turner amendment (No. Reed (NY) amendment (No. 131) that designates 147) that creates an additional exception allowing TAPs as the National Song of Remembrance and for the reductions, withdrawals, or consolidations of prescribes procedures during the sounding of TAPs; non-strategic nuclear weapons in Europe, when made Richardson amendment (No. 132) that expresses the pursuant to either a Treaty or authorized by an Act sense of Congress that NORTHCOM, whose mission of Congress; Pages H3713–19 it is to protect the United States homeland and sup- McKeon en bloc amendment No. 6 that consists port local, state, and federal authorities, to develop of the following amendments printed in H. Rept. a leadership strategy, relationships, and guidelines to 112–88: Boswell amendment (No. 18), as modified, work with State and Local authorities in the event that grants the Secretary of Defense the discretion to of a major incident and in unforeseen circumstances; also use funds retained in Section 646 for substance Rigell amendment (No. 133) that directs the Sec- abuse prevention programs provided to the military retary of Defense to develop and implement a plan community surrounding the commissary store where to address shortfalls in operational contract support the alcoholic and tobacco products are purchased requirements determination, management, oversight, while ensuring that the enhanced commissary stores and administration; Loretta Sanchez amendment (No. receive necessary funds; Boswell amendment (No. 135) that increases the funding for the Global 20) that requires DoD and VA to conduct a joint Threat Reduction Initiative; Shuster amendment study on the incident rate of breast cancer of service (No. 136) that provides a three year extension of au- members who have deployed to Iraq and Afghanistan thority to the Secretary of Defense to use acquisition under operation Iraqi Freedom and Operation Endur- and cross-servicing agreements (ACSAs) to loan cer- ing Freedom; Boswell amendment (No. 84) that tain equipment to coalition partners; Loretta Sanchez adds a Sense of Congress that a focus on alternative, amendment (No. 137) that requires a report assess- self-sufficient energy sources that reduce costs in the ing the nuclear forces of the Russian Federations rel- long term should be part of consideration for con- ative to the New START Treaty; Loretta Sanchez tracts for logistics support of contingency operations; amendment (No. 138) that increases funding for the Pascrell amendment (No. 22) that requires the De- operation of the Defense Nuclear Facilities Safety partment of Defense to develop a plan to transfer the Board by $2,500,000; Smith (WA) amendment (No. Defense Centers of Excellence for Psychological 139) that requires the President to develop strategies Health and Traumatic Brain Injury to one of the to address a prioritized list of areas that serve or services in order to be most effectively managed; could serve as potential safe havens for al Qaeda and Pascrell amendment (No. 23) that requires the De- its violent extremist affiliates; Smith (WA) amend- fense Department to report to Congress on their ment (No. 140) that requires a report on Research plans to identify, refer, and treat service members and Treatment of Post-Traumatic Stress Disorder; with possible traumatic brain injuries who may have Thornberry amendment (No. 142) that protects pri- slipped through the cracks prior to the June 2010 vate sector companies participating in the Defense policy; Davis (CA) amendment (No. 57) that fences Industrial Base (DIB) Active Cyber Defense Pilot 25% of the funds made available through the Af- Project from potential liability as an agent of the ghanistan Infrastructure Fund until the Secretary of

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D568 CONGRESSIONAL RECORD — DAILY DIGEST Thursday, May 26, 2011 Defense, in discussion with the Secretary of State, noncommercial service when it sank (by a recorded have determined that women are an integral part of vote of 227 ayes to 193 noes, Roll No. 359); the reconciliation process between the government of Pages H3725–26 Afghanistan and the Taliban; Davis (CA) amend- Conyers amendment (No. 61 printed in H. Rept. ment (No. 72) that requires the Secretary of the 112–88) that was debated on May 25th that pre- Navy to submit a report to Congress detailing the vents funds authorized in the Act from being used efforts being made to establish maintenance, repair to deploy, establish, or maintain the presence of and overhaul capability for Navy unmanned aerial Members of the Armed Forces or private security systems; Davis (CA) amendment (No. 96) that modi- contractors on the ground in Libya unless the pur- fies a current GAO reporting requirement on pose of the presence is to rescue a Member of the TRICARE Standard and Extra from ‘‘bi-annual’’ to Armed Forces from imminent danger (by a recorded ‘‘biennial’’; Young (IN) amendment (No. 150) that vote of 416 ayes to 5 noes, Roll No. 366); provides the Secretary of Defense with the authority Page H3730 to use funding to carry out a program designed to Flake amendment (No. 62 printed in H. Rept. reintegrate former low-level Taliban fighters into Af- 112–88) that was debated on May 25th that elimi- ghan society; Walz amendment (No. 151) that re- nates funds for the Mission Force Enhancement Transfer Fund (by a recorded vote of 269 ayes to quires DOD to submit a report to Congress out- 151 noes, Roll No. 367); Pages H3730–31 lining a plan that would ensure access to the Guard Jackson Lee (TX) amendment (No. 111 printed in and Reserves for missions short of war; and Turner H. Rept. 112–88) that designates a National Day of amendment (No. 149) that includes a Sense of Con- Honor for members of the Armed Forces who have gress that any commercial communications that served in Iraq, Afghanistan, and other combat areas interferes with the Global Positioning System (GPS) (by a recorded vote of 419 ayes with none voting should not receive final authorization by the Federal ‘‘no’’, Roll No. 370); Pages H3688–90, H3732–33 Communications Commission until the potential in- Turner amendment (No. 148 printed in H. Rept. terference with GPS is resolved; Pages H3719–22 112–88) that requires a report on the cost-benefit Mica amendment (No. 38 printed in H. Rept. analysis of migrating the management headquarters 112–88) that was debated on May 25th that requires for the Air Force’s Enterprise Logistics System Pro- that the rules of engagement allow any military serv- gram Executive Office (by a recorded vote of 300 ice personnel assigned to duty in a designated hostile ayes to 120 noes, Roll No. 371); and fire area to have rules of engagement that fully pro- Pages H3691–93, H3733–34 tects their right to proactively defend themselves Cravaack amendment (No. 152 printed in H. from hostile actions (by a recorded vote of 260 ayes Rept. 112–88) that repeals Title VXII of the De- to 160 noes, Roll No. 354); Page H3722 partment of Defense Authorization Act, 1985, which Flake amendment (No. 40 printed in H. Rept. authorized the establishment of the United States In- 112–88) that was debated on May 25th that repeals stitute of Peace (by a recorded vote of 226 ayes to the establishment of the National Drug Intelligence 194 noes, Roll No. 372). Pages H3693–95 Center (by a recorded vote of 246 ayes to 172 noes, Rejected: Roll No. 355); Pages H3722–23 Smith (WA) amendment (No. 42 printed in H. Buchanan amendment (No. 43 printed in H. Rept. 112–88) that was debated on May 25th that Rept. 112–88) that was debated on May 25th that sought to amend Section 1039 to allow transfer of requires all foreign terrorists, with links to terrorist detainees to the U.S. to testify in federal court. The networks, who attack the United States or the Gov- amendment strikes language barring transfer of de- ernment be considered enemy combatants to be tried tainees held abroad to the U.S. and requires certifi- cation by the Attorney General prior to transfer (by by military tribunals, not in the civilian court sys- a recorded vote of 165 ayes to 253 noes, Roll No. tem (by a recorded vote of 246 ayes to 173 noes, 356); Pages H3723–24 Roll No. 357); Page H3724 Maloney amendment (No. 47 printed in H. Rept. Mack amendment (No. 48 printed in H. Rept. 112–88) that was debated on May 25th that sought 112–88) that was debated on May 25th that makes to clarify that the exemption from Freedom of Infor- changes to the language of the Sunken Military Craft mation Act for Data Files of the Military Flight Op- Act of H.R. 1540, the National Defense Authoriza- erations Quality Assurance Systems of the Military tion Act for Fiscal Year 2012. Clarifies the language Departments is for ‘‘information contained in data of the Sunken Military Craft Act to restore its origi- files of the military flight operations quality assur- nal intent, and specifies that a sunken military craft ance system of a military department that would re- would be defined as a vessel only when on military veal flight patterns or tactical techniques or tactical

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, May 26, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D569 procedures from disclosure under section’’ (by a re- corded vote of 184 ayes to 234 noes, Roll No. 369); corded vote of 91 ayes to 329 noes, Roll No. 358); and Page H3732 Pages H3724–25 McGovern amendment (No. 55 printed in H. Langevin amendment (No. 49 printed in H. Rept. Rept. 112–88) that sought to require: 1) A plan and 112–88) that was debated on May 25th that sought timeframe on accelerated transition of military oper- to coordinate federal information security policy ations to Afghan authorities; 2) A plan and time- through the creation of a National Office for Cyber- frame on negotiations leading to a political solution space, updating information security management and reconciliation in Afghanistan; and 3) A new Na- practices, and establishing measures for the protec- tional Intelligence Estimate (NIE) on al-Qaeda. The tion of critical infrastructure from cyberattacks (by a amendment would clarify that nothing in this sec- recorded vote of 172 ayes to 246 noes, Roll No. tion limits the president under existing authority to 360); Page H3726 go after al-Qaeda, share intelligence, or modify mili- Amash amendment (No. 50 printed in H. Rept. tary strategy and tactics while redeploying U.S. 112–88) that was debated on May 25th that sought forces under the plan/timeframe required above (by to strike section 1034 of the bill, relating to the au- a recorded vote of 204 ayes to 215 noes, Roll No. thorization for use of military force (by a recorded 373). Pages H3687, H3695–99, H3734–35 vote of 187 ayes to 234 noes, Roll No. 361); Agreed that the Clerk be authorized to make Pages H3726–27 technical and conforming changes to reflect the ac- Campbell amendment (No. 53 printed in H. tions of the House. Page H3738 Rept. 112–88) that was debated on May 25th that H. Res. 276, the rule providing for further con- sought to terminate the Human, Social, and Culture sideration of the bill (H.R. 1540), was agreed to yes- Behavior (HSCB) Modeling program at the Depart- terday, May 25th. ment of Defense (by a recorded vote of 63 ayes to 354 noes, Roll No. 362); Pages H3727–28 Recess: The House recessed at 2:41 p.m. and recon- Campbell amendment (No. 54 printed in H. vened at 6:45 p.m. Page H3738 Rept. 112–88) that was debated on May 25th that Meeting Hour: Agreed that when the House ad- sought to reduce the baseline number of civilian em- journs today, it adjourn to meet at 10 a.m. tomor- ployees at the Department of Defense by 1% every row, May 27th, and further, when the House ad- year for the next five years (by a recorded vote of 98 journs on that day, it adjourn to meet at 12 noon ayes to 321 noes, Roll No. 363); Page H3728 on Tuesday, May 31st for morning hour debate and Chaffetz amendment (No. 56 printed in H. Rept. 2 p.m. for legislative business. Page H3738 112–88) that was debated on May 25th that sought Small Business Additional Temporary Extension to require U.S. ground troops to withdraw from Af- Act of 2011: The House concurred in the Senate ghanistan, leaving just those who are involved in small, targeted counter-terrorism operations. The amendment to the House amendment to S. 990, to amendment would further require the Secretary of provide for an additional temporary extension of pro- Defense to submit a withdrawal plan to Congress grams under the Small Business Act and the Small within 60 days of enactment (by a recorded vote of Business Investment Act of 1958, by a yea-and-nay vote of 250 yeas to 153 nays, Roll No. 376. 123 ayes to 294 noes, Roll No. 364); Pages H3728–29 Polis amendment (No. 60 printed in H. Rept. Pages H3738–46 112–88) that was debated on May 25th that sought H. Res. 281, the rule providing for consideration to reduce the amount of troops stationed in Europe of the Senate amendment, was agreed to by voice to 30,000 and would cut overall end strength levels vote after the previous question was ordered without by 10,000 a year over the next five years (by a re- objection. Pages H3738–39 corded vote of 96 ayes to 323 noes with 1 voting United States Group of the NATO Parliamen- ‘‘present’’, Roll No. 365); Pages H3729–30 tary Assembly—Appointment: The Chair an- Ellison amendment (No. 63 printed in H. Rept. nounced the Speaker’s appointment of the following 112–88) that was debated on May 25th that sought Member of the House to the United States Group to strike section 1604, Budget Item Relating to of the NATO Parliamentary Assembly: Representa- LHA—7 Ship Program (by a recorded vote of 176 tive Larson (CT). Page H3746 ayes to 241 noes, Roll No. 368); Pages H3731–32 Senate Messages: Messages received from the Senate Loretta Sanchez amendment (No. 64 printed in H. by the Clerk and subsequently presented to the Rept. 112–88) that was debated on May 25th that House today appear on pages H3738. sought to reduce the funding for Ground-based Mid- course Defense systems by $100,000,000 (by a re-

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D570 CONGRESSIONAL RECORD — DAILY DIGEST Thursday, May 26, 2011 Senate Referrals: S. Con. Res. 13 was referred to INSPECTOR GENERAL AUDIT OF THE the Committee on Armed Services and the Com- HOUSE’S F.Y. 2009 FINANCIAL mittee on Veterans Affairs; S. 1082 was held at the STATEMENTS desk. Page H3752 Committee on House Administration: Subcommittee on Quorum Calls—Votes: One yea-and-nay vote and Oversight held a hearing on Inspector General Audit twenty-two recorded votes developed during the pro- of the House’s F.Y. 2009 Financial Statements. Tes- ceedings of today and appear on pages H3722, timony was heard from Dan Strodel, Chief Adminis- H3723, H3723–24, H3724, H3724–25, H3725–26, trative Officer, United States House of Representa- H3726, H3726–27, H3727–28, H3728, H3728–29, tives; and Theresa Grafenstine, Inspector General, H3729–30, H3730, H3730–31, H3731–32, H3732, United States House of Representatives. H3732–33, H3733–34, H3734, H3734–35, AT&T AND T-MOBILE MERGER H3736–37, H3737, H3745. There were no quorum calls. Committee on the Judiciary: Subcommittee on Intellec- tual Property, Competition and the Internet held a Adjournment: The House met at 10 a.m. and ad- hearing entitled ‘‘How Will the Proposed Merger journed at 9:04 p.m. Between AT&T and T-Mobile Affect Wireless Tele- communications Competition?’’ Testimony was heard Committee Meetings from public witnesses. LEGISLATIVE MEASURES IMPACT OF UNION PRESSURE ON JOB Committee on Natural Resources: Subcommittee on In- CREATION dian and Alaska Native Affairs held a hearing on Committee on Education and the Workforce: Sub- H.R. 1408, to provide for the settlement of certain committee on Health, Employment, Labor and Pen- claims under the Alaska Native Claims Settlement sions held a hearing entitled ‘‘Corporate Campaigns Act, and for other purposes. Testimony was heard and the NLRB: The Impact of Union Pressure on from Harris Sherman, Under Secretary, Natural Re- Job Creation.’’ Testimony was heard from public sources and Environment, Department of Agri- witnesses. culture; and public witnesses. NATIONAL WILDLIFE REFUGE SYSTEM’S MISCELLANEOUS MEASURES OPERATIONS AND MAINTENANCE Committee on Energy and Commerce: Full Committee Committee on Natural Resources: Subcommittee on continued markup on H.R. 908, the Full Implemen- Fisheries, Wildlife, Oceans, and Insular Affairs held tation of the Chemical Facility Anti-Terrorism a hearing on ‘‘Buying More Land When We Can’t Standards (CFATS) Act. The bill was ordered re- Maintain What We Already Own: The National ported, as amended. Wildlife Refuge System’s Operations and Mainte- nance Backlog Story!’’ Testimony was heard from FDIC OVERSIGHT James W. Kurth, Acting Assistant Director, Na- Committee on Financial Services: Subcommittee on Fi- tional Wildlife Refuge, Fish and Wildlife Service; nancial Institutions and Consumer Credit held a Dan Forster, Director, Wildlife Resources Division, hearing entitled ‘‘FDIC Oversight: Examining and Georgia Department of Natural Resources; and pub- Evaluating the Role of the Regulator During the Fi- lic witnesses. nancial Crisis and Today.’’ Testimony was heard FEDERAL WORKFORCE from Sheila Bair, Chairman, FDIC. Committee on Oversight and Government Reform: Sub- UNLOCKING THE SAFETY ACT’S committee on Federal Workforce, U.S. Postal Service POTENTIAL TO PROMOTE TECHNOLOGY and Labor Policy held a hearing entitled AND COMBAT TERRORISM ‘‘Rightsizing the Federal Workforce.’’ Testimony was heard from public witnesses. Committee on Homeland Security: Subcommittee on Cy- bersecurity, Infrastructure Protection and Security SMALL BUSINESS ADDITIONAL Technologies held a hearing entitled ‘‘Unlocking the TEMPORARY EXTENSION ACT OF 2011 SAFETY Act’s Potential to Promote Technology and (SENATE AMENDMENT TO THE HOUSE Combat Terrorism.’’ Testimony was heard from Paul AMENDMENT ON THE PATRIOT SUNSETS Benda, Acting Deputy Under Secretary, Science and EXTENSION ACT OF 2011) Technology Directorate, Department of Homeland Committee on Rules: The Committee granted, by voice Security; and public witnesses. vote, a rule providing for the consideration of the

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Thursday, May 26, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D571 Senate Amendment to the House Amendment to S. Dave McDermott, Director, Standards and Compli- 990. The rule makes in order a motion by the chair ance, Defense Finance and Accounting Service, De- of the Committee on the Judiciary that the House partment of Defense, Washington, Curtis M. Loftis concur. The rule provides one hour of debate on the Jr., Treasurer, South Carolina; and public witnesses. motion with 40 minutes equally divided and con- HIGH-SPEED RAIL trolled by the chair and ranking minority member of the Committee on the Judiciary and 20 minutes Committee on Transportation and Infrastructure: Full equally divided and controlled by the chair and Committee held a hearing entitled ‘‘Opening the ranking minority member of the Permanent Select Northeast Corridor to Private Competition for the Committee on Intelligence. The rule waives all Development of High-Speed Rail.’’ Testimony was points of order against consideration of the motion. heard from public witnesses. Finally, the rule provides that the Senate amendment INTELLIGENCE AUTHORIZATION FY 2012 shall be considered as read. No testimony was given. House Permanent Select Committee on Intelligence: Full NASA’S COMMERCIAL CARGO PROVIDERS Committee held a markup on H.R. 1892, Intel- Committee on Science, Space, and Technology: Sub- ligence Authorization Act for Fiscal Year 2012. committee on Space and Aeronautics held a hearing Hearing began as an open hearing and then pro- on NASA’s Commercial Cargo Providers: Are They ceeded to a closed hearing. The bill was ordered re- Ready to Supply the Space Station in the Post-Shut- ported, as amended. tle Era? Testimony was heard from William Gerstenmaier, Associate Administrator, Space Oper- Joint Meetings ations Mission Directorate, NASA; Cristina Chap- No joint committee meetings were held. lain, Director, Acquisition and Sourcing Manage- f ment, GAO; and public witnesses. COMMITTEE MEETINGS FOR FRIDAY, THE NEED TO REPEAL THE 3% MAY 27, 2011 WITHHOLDING PROVISION (Committee meetings are open unless otherwise indicated) Committee on Small Business: Subcommittee on Con- tracting and Workforce held a hearing entitled Senate ‘‘Defer No More: The Need to Repeal the 3% With- No meetings/hearings scheduled. holding Provision.’’ Testimony was heard from Rep. Herger; Brian George, Deputy Director, Office of House Cost, Pricing and Finance, Department of Defense, There are no hearings scheduled.

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D572 CONGRESSIONAL RECORD — DAILY DIGEST May 26, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, May 27 10 a.m., Friday, May 27

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: The House will meet in pro forma session. session at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Higgins, Brian, N.Y., E959 Quigley, Mike, Ill., E960, E962 Issa, Darrell E., Calif., E959 Thompson, Mike, Calif., E962 Berkley, Shelley, Nev., E960 Kingston, Jack, Ga., E959 Wolf, Frank R., Va., E961 Berman, Howard L., Calif., E962 Kucinich, Dennis J., Ohio, E960, E961 Woolsey, Lynn C., Calif., E962 Calvert, Ken, Calif., E961 Lewis, John, Ga., E961

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 01:02 Feb 24, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0664 Sfmt 0664 E:\RECORD11\RECFILES\D26MY1.REC D26MY1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE